Loading...
HomeMy WebLinkAbout09/19/2018 AgreementGJ Z COURTS ° o: Kevin Madok, CPA .... Y1 Clerk of the Circuit Court & Comptroller — Monroe County, •R OE COUN DATE: October 3, 2018 TO: Beth Leto, Airports Business Manager FROM: Pamela G. Hancock, D.C. SUBJECT: September 19' BOCC Meeting Attached are electronic copies of the following items for your handling: C7 Jacobs Project Management Co.'s Task Order No. 12/15- 34 for Airport Noise Program Coordinator Sen1ces PSO# 34 in the amount of $83,873.00 to be funded by FAA Grant# 37 -57 (90 %), and Passenger Facility Charges #17 (10 %). C8 Jacobs Project Management Co.'s Task Order No. 12/15 -35 for Design, Permitting and Bidding Sen1ces for the Key West International Airport Rehabilitate Taxiway A Project, PSO# 35 in the amount of $598,414.00, to be funded by FAA Grant# 037 -56 (90 %), FDOT #GOR03 (5 %), and Passenger Facility Charges #18. C14 License Agreement with Keys Woodworkers, Inc. for a 60 foot by 30 foot parcel of property at the Florida Keys Marathon International Airport to be used as a parking lot due to its proximity to the entrance of Keys Woodworkers' retail sen1ce establishment. C15 Contract with Charley Toppino & Sons in the amount of $397,440.00 for the Key West International Airport Faraldo Circle Realignment & Curbside Improvements Project. Total cost to be funded by the FAA Grant 37 -56 (90 %) and pending Passenger Facility Charge Application #18 (10 %). Should you have any questions, please feel free to contact me at (305) 292 -3550. Thank you. cc: County Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 S E C T I O N D C O N T R A C T Faraldo Circle Realignment and Curbside Improvements Key West International Airport THIS AGREEMENT made and entered into the 10 day of September, 2018 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 documents; 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: Faraldo Circle Realignment and Curbside Improvements 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 all work hereunder within one hundred and twenty -five (125) calendar days from the Notice -to- Proceed (Construction) as per Special Provision No. 2. 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 Three hundred ninety seven thousand four hundred and forty Dollars ($397,440.00) 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 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. 9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292 -3470. 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 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. 10. 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. 11. 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. 12. 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: Pedro Mercado T. J. Henderson, Acting Director of Airports Assistant County Attorney Key West International Airport 1111 12th Street, Suite 408 3491 S. Roosevelt Blvd. Key West, FL 33040 Key West, Florida 33040 FOR CONTRACTOR: Frank Toppino, President Charley Toppino & Sons, Inc. 125 Toppino Industrial Drive Key West, Florida 33040 13. 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. 14. 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. 15. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. 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 attorney'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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. tl 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. ,i, lir (Contractor) (Monroe County Board of Commissioners) By: Frank Toppino By: David Rice Title: Preside L t Title: Mayor WITNESSi' i ✓� /6.6:5711:1 j y ... , - . . :, �._,T F jB e NO ` 1 yµ` ` ' ��++ 'ice �5 . ,, " $, IN MA;r/4K, CLERK F r , x r sib ;4 . •. -. ....... -__.. STATE OF FLORIDA o ,, DEIP TYCLERK =n „mo a i*N'•ECOU , . rORNEY COUNTY OF MONROE ' "' s : PIO a MO i .. •r COUNTY ATTORNEY C, //, 2 1, the undersigned authority, a Notary Public, in and for said County and State, hereby certify that Frank P Toppino * whose name as President of Charley Toppino & Sons, Inc signed the foregoing instrument 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 day of August, 2018. iCi(tel 1-0-dr-,.- Notary Pu lic Name ,ovvUei, MICHAEL LABRADA t _ /� State of Florida N otary Pu / / _ */ *_ Commission # G0t 116317 ,L / L ry /. % •,, oP My Commission Expires 4. ° .n June 1 9, 2021 Nota Public ignature *Who is authorized by the corporation to execute this contract. �m , C”) � MI rrl?f Q rte- W`.. -11 s.:.: r— C:1 ©'► CONTRACT II -8 Bond No. 106948399 • 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 3304 as corporation ` as ` oure t y, S an e b X na m fo a Monroe County hereinafter called County, in the sum of U.S. Dollars $ 397,440.0 (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,* a f 2018 between Principal and County for construction of Farald q o Circle Reali nment and Curbside Improvements 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 • • • 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 in s. 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 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 contractor's 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 afterservice 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 • • 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 Iabor, 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 b.oth 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 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 prevailing party's costs, as allowed in equitable actions. The time periods for service of a notice 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: Faraldo Circle Realignment and Curbside Improvements This waiver does not cover any retention or any labor, services, or materials furnished after the date specified. 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 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 (customer) on the job of (owner), for improvements to the following described project: • Faraldo Circle Realignment and Curbside Improvements • DATED ON • (Claimant) • By: (d) A person may not require a claimant to furnish awaiver 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. • • • (f) A waiver that is not substantially similar to the forms in this subsection is enforceable in accordance with its terms. 0 (3) The bond required in subsection (1) may be in substantially the following form: PUBLIC CONSTRUCTION BOND Bond No. ( 1 Charley Toppino & Travelers Casualty and Surety BY THIS BOND, We Sons, Inc. , as Principal and Company of America , a corporation, as Surety, are bound to mrq e rein called Owner, in the sum of $ 397,440.0 , 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 p+, O q , c9 O t O p , between Principal and Owner for construction of Farraido Circle Realignment the contract being made a part of this bond by reference, at the times and in the manner prescn ed 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 August 20th 2018 Charley Toppino & Sons, Inc. (Principal) By r 1,0- re-/A- Asomtwaoggypoioam • Travelers CalaIty an ,Surety Company of America (Name of Surety) By: Willia '' arker, Attorney in Fact & FL Resident Agent / (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. This bond is given to comply with section 255.05 Florida Statutes, and any action instituted by a claimant under this bond for payment must be m mince with the notice and time limitation provisions in Section 255.05 (2). Florida Statutes - . • • (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) All 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 11 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 fast 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 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 [imitation period shall be extended until 120 days after one of these conditions is satisfied. • • • 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: August 20th, 2018 PRINCIPAL:. CharleyToppino & Sons, Inc. Address: US Highway 1, Mm 8.5, Rockland Key, Key West, FL 33040 By: , Fl Resident Agent and William Parker, 9 • As Attorney -in -Fact SURETY: Address: Travelers Casualty and Surety Company of America One Tower Square • Hartford, CT 06183 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: t 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. 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 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 11 $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 Toss 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. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELER J . POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 230629 Certificate No. 0 0 7 3 0 5 0 4 6 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint William L. Parker, Davor I. Mimica, Ileana M. Bauza, William Frederick Kleis, and Eduardo A. Menendez of the City of Miami , State of Florida , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted +m any *lions or proceedings allowed by law. -r y t IN WITNESS WHEREOF, the Companies have caused this instrument te"be signed'and their corporate seals to be hereto affixed, this 25th day of July , 2017 { Farmington Casualty Company' ..� St. Paul Mercury Insurance Company Fidelity and Guaranty iInsurance Company .; 3 1 Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company O d O pPO • q�� L S' p0`t9 ?, i G (tp% @ : .� 4 ,. ....... . 9 J s W1T,u�lfTp F?P I. O / r L�RPOR.I >'Z Qi •. LSE S 0 a� t n INCORPORATED ' m1 +af ,,, �m A's"!.41 ' ti 1 982 0 2 co m i T a z 19 77 { � � - o= m HAR TFORD. t NwRTF6R0. �5` gib: �t► 1951 , .... . � SEAL Ai ; 1, SEAL di rg o s m1 N tans 1` °v y ` '3 s� �\ G a •...;yf a.'•. �a ' e y r anu 1s N S . .. . pa er p+ f r R ANI • • , L State of Connecticut By: City of Hartford ss. Robert L. Raney, Senior Vice President On this the 25th day of July 2017 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G•T N In Witness Whereof, I hereunto set my hand and official seal. ' \, C. Tetre W A. C . My Commission expires the 30th day of June, 2021. * POI) s ` Marie ault, Notary. Public_ - . _ 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER .� This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Compati es vhich;is iii full force and ° effect and has not been revoked. V 4 •\ 3y , u IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the -seal of said'Companies th 2 day of A g ust , 20 18 _ . r + Kevin E. Hughes, Assistant Sec tary • GAS gn��r` : : I.y J y F \RE o \NN I NS G9 J pj . INg fI/"•.,,, JP �TY AHp 14 une)). .�}Y"YJ ti rR ..."4r:,6 ? RPORA n a 4 2, `y y� 3 ' 6 O _ IHCUNFORATED :, m a1 CO , ,, a 1 u, cA >c;�" a 1 0 1 9 8 2 O 1977 � B.r+ m l I a HARTFORD, t FNRtFORq + 5 ;' 19J� s4"0 N, 17k A � i o i �- 1898 9 p 1 SEA of � a CONN. n CONN. $ ,n b r a � ! y 2 ,,r G E G y. ... ... •'' at`/ NS a � u *4 Ale ';Mw 1 5..._....�a . b F a+ vN h AR4 To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • AccoRD CERTIFICATE OF LIABILITY INSURANCE DATE E! (MMIDO 8 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh & McLennan Agency LLC PHONE 9850 N.W. 41st Street _ c. No. Exq: 305- 591 -0090 FAX No): 212- 948 -5665 Suite 100 ADDRESS: certsmiami @mma -fl.com Miami FL 33178 INSURER(S) AFFORDING COVERAGE NAIC INSURER A: Travelers Indemnity Co of America 25666 INSURED CHARLTOPPI INSURER B : Phoenix Insurance Company 25623 Charley & Sons is Inc. INSURER C : Travelers Property Casualty Co of Amer 36161 Monroe Concrete Monroe Concrett e Products P.O BOX 787 INSURER D : Travelers Indemnity Company of CT 25682 Key West FL 33041 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1997284252 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE Nsp.S D POLICY POLICY EXP POLICY NUMBER I OLIC EFF POLIC LIMITS IM OLIC Y EFF l POLIC YYYY1 A X COMMERCIAL GENERAL LIABILITY DTCO3202M181TIA18 5/19/2018 5/19/2019 EACH OCCURRENCE 52,000,000 CLAIMS -MADE X OCCUR - TSANIAGi l01 PREMISES (Ea occurrence) S 300,000 MED EXP (Any one person) 5 5,000 PERSONAL 8 ADV INJURY S 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I $ 4,000,000 POLICY, JERCOT- LOC j PRODUCTS- COMP /OPAGG 52,000,000 OTHER: D AUTOMOBILEUABILITY DT8103202M181TCT18 5/192018 5/192019 COMBINED SINGLE LIMIT 51,000,000 (Ea I LY X ANY AUTO INJURY BODILY INJURY (Per person) S OWNED I SCHEDULED BODILY INJURY (Per accident) 5 AUTOS ONLY ' AUTOS X HIRED X NON -OWNED PROPERTY DAMAGE AUTOS ONLY , AUTOS ONLY j (Per accident) I 5 C X UMBRELLA LIAR X OCCUR CUP3J65722118 5/19/2018 5/19/2019 EACH OCCURRENCE 5 10,000.000 EXCESS LIAB CLAIMS -MADE I AGGREGATE S 10,006000 DED X RETENTION 5 10 000 $ 8 WORKERS COMPENSATION UB4K52636618 5/19/2018 5/192019 X PE O T H , H _, AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNER/EXECUTIVE Y / N E.L. EACH ACCIDENT 5 1,000,000 OFFICER /MEMBER EXCLUDED? N/ APPF.(�.VE B IS il.A - AGEMENT (Mandatory In NH) BY � ' I .� E.L. DISEASE - EA EMPLOYEE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below p E. DISEASE - POLICY LIMIT 51,000,000 DATr; 1 i 1 • L. WAIVi�t W YES DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) General Liability Aggregate applies per Project if required by written contract. Certificate holder, as Designated Organization, is an Additional Insured as respects General(including Products - Completed Operations), Auto and Umbrella Liability. General Liability is primary and non - contributory. Waiver of subrogation as respects General, Auto, Umbrella Liability and Workers Compensation in favor of Additional Insured. All of the above is applicable when required by written contract subject to the terms, conditions and exclusions of the policy. Monroe County Board of County Commissioners, its employees and officials, as Designated Organization, is an Additional Insured as respects General & Auto Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds . All of the above is applicable when required by written contract subject to the terms, conditions and exclusions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners (BOCC) 500 Whitehead St Key West FL 33040 AUTHORIZED REPRESENTATIVE le .1r_' © 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD