07/21/2021 Agreement a °° ',, Kevin Madok, CPA
53(
o,e;e .. ;;;r= Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 20, 2021
TO: Breanne Erickson
Project Management
FROM: Sally M. Abrams, D.C.
SUBJECT: July 21 BOCC Meeting
Attached, for your handling, is an electronic copy of item U4, Authorization to rescind
agenda item C18 approved at the June 16,2021 BOCC meeting; and approval of a revised
Agreement with Charley Toppino & Sons, Inc. in the amount of$1,445,000.00 for the Phase
development of Rowell's Waterfront Park. The revised contract clarifies the County
acceptance of Alternate #1 in the contract documents. This project is funded by TDC Grants and
Fund 304.
Should you have any questions, please feel free to contact me at extension 3550.
cc:
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-652-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 21st day of July
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor:
Charley Toppino & Sons, Inc.
129 Toppino Industrial Drive
Key West, Florida 33040
For the following Project: Rowell's Waterfront Park Phase I
Scope of the Work
The Contractor is required to provide a complete job as contemplated by the drawings and
specifications, which are a part of this bid package. The Contractor shall furnish all labor,
supervision, materials, power, tools, equipment, supplies, permits and any other means
of construction necessary or proper for performing and completing the Scope of Work,
unless otherwise specifically stated.
This project includes clearing and grubbing; removal of existing asphalt and fencing;
construction of asphalt driveway, parking spaces, pedestrian sidewalk and crosswalk,
restroom facility with associated utilities, and a pedestrian pathway that runs from a 30' x
30' concrete pad near Blackwater Sound and connects with the existing trail on the north
side of U.S. 1; signing and pavement markings; installation of fencing, bike rack, and
parking lot lighting; landscaping, including planting and some tree removals.
Scope of work shall include the following:
1. Furnish and install Flexi-pave trail that runs from the water's edge and connects with
the existing trail on the north side of U.S. 1 per drawings.
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2. Construct restroom building with lift station and associated utilities per drawings.
3. Furnish and install parking lot lighting per drawings.
4. Furnish and install asphalt parking and driveway access to U.S. 1 and associated
striping per drawings.
5. Furnish and install concrete pedestrian paths per drawings.
6. Provide and install site furnishings per drawings.
7. Furnish and install six-foot (6') chain link security fencing and associated gates per
drawings.
8. Furnish and install regulatory signage per drawings.
9. Site demolition to include existing asphalt removal to be executed per drawings.
10. Provide project maintenance of traffic (M.O.T.)
11. Furnish and install new vehicular deceleration lane per drawings.
12. Site utilities—water, sewer, and underground electric to be furnished and installed per
drawings.
13. Site grading and stormwater to be executed per drawings.
14. Furnish and install landscape per drawings.
15. General site preparations to be executed per drawings.
16. Erosion prevention and sediment controls to be executed per drawings.
17. Contractor to provide soil borings at cross sections prior to commencement of work
per drawings C6.4.
18. Park shall remain open to the public as much as feasible during construction. Closure
of park requires coordination and approval 14 calendar days in advance. Reasonable
accommodations shall be made to guide vehicular traffic through temporary entrance
and around construction site to rear gravel parking lot. Submittal including anticipated
park closures dates and detailed Maintenance of Traffic (MOT) Plan for
pedestrian/vehicular movements within the park required.
19. All work performed within the FDOT Right-of-Way must abide by current FDOT
Standard Specifications for Road and Bridge Construction, Divisions I and 11. Any
contractor or subcontractor performing work within the FDOT Right-of-Way must
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submit proof of pre-qualification by the Florida Department of Transportation (FDOT)
to perform that type of work prior to work commencing.
20. Contractor will coordinate work within the FDOT ROW with the local FDOT
Maintenance Office/Permit Coordinator, Nancy Miller, 305-289-4360,
„iilllleir„�.)'fE;kirirc)vliallsE;kirvli es. oin"i. Lane closure submission and approval
through the applicable FDOT Lane Closure Information System will be required.
21. Contractor to enlist the services of a professional Archaeologist meeting the US
Secretary of the Interior's Professional Qualifications Standards and approved by both
Monroe County and the FDOT District Six Cultural Resources Coordinator.
Archaeologist shall witness, document, and provide final report on any ground
disturbing activities associated with this project to be approved by District Six Cultural
Resources Coordinator.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than Two
Hundred Seventy (270) calendar days after the date of commencement or issuance of a
Notice to Proceed. The time or times stipulated in the contract for completion of the work
of the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
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Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner
shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations
under this Agreement will be excused to the extent that the delay or failure was caused directly
by an event beyond such Party's control, without such Party's fault or negligence and that by its
nature could not have been foreseen by such Party or, if it could have been foreseen, was
unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities
(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic
area of the Project; (d) government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any
governmental authority prohibiting work in the geographic area of the Project; (each, a
"Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or
availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is reasonably
likely to result in an Uncontrollable Circumstance, and the anticipated duration of such
Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable
Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and
resume full performance under this Agreement. The County will not pay additional cost as a result
of an Uncontrollable Circumstance. The Contractor may only seek additional time at no cost to
the County as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of One Million, Four Hundred Forty-Five Thousand and
00/100 Dollars ($1,445,000.00), subject to additions and deductions as provided in the
Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
Alternate #1: Replace entire length of Flexi-Pave Path along north side of
property with 10-foot-wide 4000psi concrete path reinforced with #7 rebar 6"
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concrete depth with 6" aggregate base designed to withstand occasional
vehicular traffic.
Twenty-Four Thousand 00/100 Dollars
(Alternate #1 - words)
$24,000.00
(Alternate #1 — numbers)
Alternate #2: SF Pricing for extending the path described in alternate 1.
Twelve 90/100 Dollars per Square Foot
(Alternate #2 -words)
$12.90 per Square Foot
(Alternate #2 — numbers)
4.3 Unit prices, if any, are as follows: N/A
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows: N/A
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act, Section 218.735,
Florida Statutes and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (Clerk). Acceptability to the Clerk is based upon generally
accepted accounting principles and such laws, rules and regulations as may govern the
disbursal of funds by the Clerk. The Owner is exempt from sales and use taxes. A copy of
the tax exemption certificate will be provided by the Owner upon request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
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Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of five percent(5%). Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 Retainage of five percent (5%)will be withheld in accordance with Section 218.735 (8)(a),
Florida Statutes.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
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payment. The following documents (samples in section 01027, Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the Monroe County Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
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are withdrawn, this Agreement is terminated and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty-six (36) months from the date of being placed on the convicted vendor list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a
period of seven (7) years from the termination of this Agreement or five (5) years from
the submission of the final expenditure report as per 2 CFR §200.333, if applicable,
whichever is greater. 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
seven (7) 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, or were
wrongfully retained by the Contractor, 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 by the Owner.
Right to Audit_
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
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and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. 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, or were wrongfully retained by the
Contractor, 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. The Right to Audit provisions survive the termination or expiration of
this Agreement.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. 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.
c) 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.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against the
non-prevailing party and shall include attorney's fees and court costs in appellate
proceedings.
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e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) 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. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are still
not resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law.
This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) 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.
j) Nondiscrimination/Equal Employment Opportunity. The parties agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The parties agree to comply with all Federal
and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 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,
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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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to
time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article 11, 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.
k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
1) Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that
the County shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition of Section 2 of Monroe
County Ordinance No. 010-1990 or any County officer or employee in violation of
Section 3 of Monroe County Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
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o) 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 Fla. Stat., Sec. 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.
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(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 does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
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 PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
p) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the
County be required to contain any provision for waiver.
q) 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.
r) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
Page 13 of 20
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.
s) 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.
t) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug-Free Workplace Statement.
u) 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.
v) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
w) Hold Harmless, Indemnification, and Defense. 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 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 during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-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
Page 14 of 20
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be not less than $1 million per occurrence pursuant to Fla. Stat., Sec. 725.06.
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this
Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
In the event that the completion of the project (to include 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. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
x) Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section headings are not
a part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
y) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with applicable federal and state laws and
regulations to ensure that DBE's have the opportunity to compete and perform
contracts. The County and Contractor and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in award and performance of contracts,
entered pursuant to this Agreement.
z) Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with his subcontractors shall include the COUNTY as additional insured.
aa) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any are detailed in Section 00100 of the Project Manual for this
Project.
Page 15 of 20
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall be
construed so as to find Contractor or any of its employees, subcontractors, servants,
or agents to be employees of the Board of County Commissioners of Monroe County.
cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with,
or subcontract with an unauthorized alien. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes.
dd) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners, and signed by both parties before
it becomes effective.
7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein
until changed in writing in the manner provided in this paragraph. Notice is deemed
received by Contractor when hand delivered by national courier with proof of delivery or
by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of
delivery. Notice shall be sent to the following persons:
For Contractor: Richard Toppino, President
Charley Toppino & Sons, Inc.
129 Toppino Industrial Drive
Key West, Florida 33040
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
ARTICLE 8
Termination or Suspension
Page 16 of 20
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five (5) calendar days'written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience: The County may terminate this Agreement for
convenience, at any time, upon thirty (30) days'written notice to Contractor. If the County
terminates this Agreement with the Contractor, County shall pay Contractor the sum due
the Contractor under this Agreement prior to termination, unless the cost of completion to
the County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Page 17 of 20
Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria,
the County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
a) Drawings: Rowell's Waterfront— Phase 1 Drawings pages C0.0, CO.1, C0.2, C0.3,
C0.4, C0.5, C1.0, C3.0, C4.0, C4.1, C4.2, C5.0, C5.1, C5.2, C5.4, C5.5, C6.0, C6.1,
C6.2, C6.3, C6.4, C7.0, C7.1, C7.2, C7.3, 1-1.0, L3.0, L3.1, L3.2, L3.3, L3.4, L3.5, E1.0,
E1.1, 13.2, 13.3, 13.4, 13.5, A0.0, A1.0, A1.1, A2.1, A3.1, A4.1, A5.1, A8.1, S0.1, S0.2,
S1.1, S2.1, S2.2, S5.1, S5.2, E1.0, E1.1, E1.2, M 1.1, P1.1, P2.0, and P2.1 dated
06/24/2020.
b) Specifications: Architectural Specifications for Monroe County Upper Keys Rowell's
Marina Restrooms dated May 15, 2018.
b) Project Manual: N/A
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated: N/A
9.1.4 The Addenda, if any, are as follows:
Number Date Page
1 4/19/2021 20
2 4/20/2021 7
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 18 of 20
1
(61:7
.1Nrrrr n by the Contractor must be by a person with authority to bind the entity.
� TURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
in
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
i
A Deputy Clerk ayor/ air an
Date 07. gl• PV07-1 „� a rn =e
(SEAL) -z___• >� ,c f �,.,a,a o .�
o..eW 1 -2ii�'Y..,�..
CONTRACTOR'S Witnesses Attest: CONTRACTOR: CHARLEY
TOPPINO AND SO S, INC.
Contra •r must pr• ide two witnesses
signat res Signature:
•
Signature: a _ Print Name:r
Print Name: h' • -�/
Title: T�'S ) A
Date: a I12_I y( Date: in l/
and /
Signature1 _-
Print Name: �lshlo•-7 RPwT-1- 4—t '
t N •
Date: "1) 11I -O"11 . n
.ice `.z ';::.
STATE OF F/— , COUNTY OF /.Aol�roe— c
On this 1Z day of — Suj.9 , 20?l, before me, the undersigned notary public, "----
It means of g physical presence or 0 online, personally appeared
—.4/,•J„rAt- T_y,%AA. (name of affiant) known tom to be the person whose name
is subscribed above or who produced as identification, and acknowledged
that he/she is the person who executed the above contract with Monroe County for ROWELL"S
WATERFRONT PARK PHASE I for the purposes therein contained.
Notary Publir/�� ..�a re astir aim
Print Name ILK.J-`o. iNr a m^a�s Cortnlialon MN tom?
My commission expires: (Se-
Page 19 of 20
GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
Page 20 of 20
Rowell's Waterfront Park Phase I
SECTION 00120
NON-COLLUSION AFFIDAVIT
1, Richard Toppino of the city Key West, FL
according to law on my oath, and under penalty of perjury, depose and say that:
1 1 am President
of the firm of Charley Toppino & Sons, Inc
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
Rowell' terfront Park Phase I
and that I executed the said proposal with full authority to do so;
2, The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
3, Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4 No attempt has been made or will be made by the proposer to induce any other person,
partnership or corporation to submit, or not to submit, a proposal for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with full
knowledl of saidproject.
-,,-/
(Si gnat of Proposer) (Da
STATE OF: lc_�
COUNTY OF: �-k acsme.
Subscribed ands rn to (or affirmed) before me, by means of Dd physical presence or L1 online
notarization, on .,. .,�:/ g,6. k. —(date)
by Richard Iggnino (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification,
V MMICHAEL LAB RA
Stato of Horida-Notary
commission # G G I 1 6 3 17 NOTARY PUBLIC
fvly
Cc)r111ni5sion Expires
J u n e 19, 202- 1.11
My commission expires:
kAL)i,,��
PROPOSAL FORM 00 120-Page 31 of 220
Rowell's Waterfront Park Phase I
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Charley Toppino & Sons, Inc 40
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer oremployee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer oremployee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or consideration paid to the former
County officer ore to e
J(Signaj uIre)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of JO physical presence or EJ online
notarization, on .Y/%4 1 (date)
—7 J �
by Richard Toppino (name of affit). He/She ism—sna—Ily
known to me or has produced (type of identification) as
P�
identification.
NOTARY P'LIBLIC
MICHAEL LABRADA
State of Florida-Noiary PUblic
1(3317 Commission # GG 116317(3317
My Commission Expires
r A1110 19, 2021
SEA
My commission expires:
PROPOSAL FORM 00120- Page 32 of 220
Rowell's Waterfront Park Phase I
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Charley Toppino &Sons, Inc
(Name of Business)
I Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2, Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under
proposal a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by the
terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo
contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of
the United States or any state, for a violation occurring in the workplace no later than five (5)days
after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is so
convicted.
6, Makes a good faith effort to continue to maintain a drug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that firm complies fully with the above
requirements. tt
P.roposer,s Signature
STATE OF: F Date
L
COUNTY OF:
Subscribed and sworn to(or affirmed) before me, by means of 19 physical presence or El online
notarization, on (date) by (name of affiant),
He/She is personally known to me or has produced (type of identification)
as iden
VCHAEL LABR�� A
Sta1. o Fllnda-Nol,�y pubfic
Commission # G G a 6 3 17
y -o -nm��s�on Fxpi('S NOTARY PUBLIC
SEAL 1, n
June �9, 202 1 My commission expires:
PROPOSAL FORM 00120-Page 33 of 220
Rowell's Waterfront Park Phase I
LOCAL PREFERENCE FORM
A, Vendors claiming a local preference according to Ordinance 023-2009, as amended by Ordinance No.
004-2015 and 025-2015, must complete this form.
Name of Bidder/Responcler_Charley jQ pino & Sans Inc . Date: /7,
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated
at least one(1)year prior to the notice of request for bids or proposals? Yes (Please furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor
operates or performs business on a day to day basis that is a substantial component of the goods or
services being offered to Monroe County?
(The physical business address must be registered as its principal place of business with the Florida
Department of State for at least one (1)year prior to the notice of request for bid or proposal.)
List Address.- 129 Toppino Industrial Dr, Rockland Key, FL 33040
Telephone Number.-1 305-296-5606
B Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services or
construction to local businesses meeting the criteria above as to licensing and location? NO
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated
at least one(1)year prior to the notice or request for bid or proposal.
2. Subcontractor's physical business address within Monroe County from which the subcontractor operates:
(The physical business address must be registered as its principal place of business with the Florida
Department of State for t I Est one 1 year prior to th notice of request for bids or proposals)
TeLNumibe(30 �70
Address T
Print Narne.-
Signature d Title of Authorized Signatory for
Bidder/Responder
STATE OF: FL
COUNTY OF:� MDnlQe__
Subscribed and sworn to(or affirmed)before me, by means of IN physical presence or 11 online
notarization, on (date)
by Richard Toppino (name of affiant)r He/She is e�onalLy_known to mg
or has proo (type of identification)as identification.
, ,
MICHAEL. i ABRAD/111 J
state 0g FloAa-INWary PUbh
c o m r,,s,,on di G G 1 16 3't 7
My omrniss+on F_xpises
fiine g9, 202ti NOTARY PUBLIC
(SEAL) My commission expires:
PROPOSAL FORM 00 120- Page 34 of 220
Rowell's Waterfront Park Phase I
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity, may
not be awarded or perform work as a contractor, supplier,subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list."
I have read the above and state that neither— Charlev Tormino & Sons Inc
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (36) months.
(Signa
Date:
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of KI physical presence or 11 online
notarization, on (date)
by Richard Topping (name of affiant). He/She is pn g4 11 known to me or has produced (type of identification) as
MICHAEL LABRADA
State o
Commission # GG 11 I'll
f Florida-Notary Public.
My Cominis'sion Expire, _
lone_ 1 9, 2021 NOTARY GBLI
(SEAL) My commission expires:
PROPOSALFORM 00 120-Page 35 of 220
Rowell's Waterfront Park Phase I
VENDOR CERTIFICATION REI I IZED COMPANIES LISTS
Project escription(s): Rowell's Waterfront Park PhaseI
Respondent Vendor Name: Charley Toploino & Sons, Inc
Vendor FI : 59-226906
Vendor's Authorized Representative Name and Title: Richard Toppino, President
Address: PQ Box 78Z
City: Key West State. FL Zip: 33041
Phone Number 305-296-5606 Email Address: RTo ino charle to Ino.com
.Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215. 73, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 27.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with
the County may be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in
a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified y: Richard Tooping who is authorized
to sign on behalf of the a ve refrrbed company.
Authorized Signature:
Print Name: Richard Toppino
Title:
Note.- The List are available at the following Department of Management Services Site:
iti p/a w N n gpy lo�icla por�mt busya s o n°atrong1 at d l a w�/ wt r r e¢ f arrtwai�c n/ yr t snas0
glad 0scr1r'njn to[ _Lgmpl 4it vendor lists
PROPOSAL FORM 0010- Page 36 of 220
Rowell's Waterfront Park Phase I
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
02920 Blue Native of the Florida Keys Louis Perez 305-872-4050 305-302-1572 155 Toppino Industrial Dr, Key West, FL 33040
16500 Pedro Falcon Contractors, Inc Roman Sviridenko 305-872-2200 31160 Ave C, Big Pine Key, FL 33043
02740 KBI Flexi-Pave Jamie Cabral 727-723-3300 4600 140th Ave. N. Ste 200, Clearwater, FL 33762
02450 FL Foundation Mark Keister,305-912-7453 PC Box 348550 Coral Gables, FL 33234
15400 Certified Lower Keys Plumbing Barry Barroso 305-296-5959 1014 White St, Key West, FL 33040
15700 Sub-Zero, Todd Oropeza 305-294-9243 6003 Peninsula Ave#5, Key West, FL 33040
03100 Bella Construction of Key West Niels Hubbell 35 Diamond Dr, Key West, FL 33040
02830 Florida Fence Corportation Luis Diaz 305-852-4324 161 Georgia Ave, Tavernier, FL 33070
PROPOSAL FORM 00120-Page 37 of 220
Rowells
s Waterfront Park Phase I
SECTION 1
INSURANCE REQUIREMENTS
COUNTY,MONROE FLORIDA RISKT POLICY AND PROCEDURES
Berl Insurance Requirements for
Construction Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Contractor shall obtain, at his/her own expense, insurance as
specified in the attached schedules, which are made part of this contract. The Contractor will
ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the
Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance
consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below. Delays in the commencement of work, resulting from
the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform assessments
shall be imposed as if the work commenced on the specified date and time, except for the
Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain
the required insurance shall not extend deadlines specified in this contract and any penalties and
failure to perform assessments shall be imposed as if the work had not been suspended, except
for the Contractor's failure to maintain the required insurance.
The Contractor will be held responsible for all deductibles and self-insured retentions that may be
contained in the Contractor's Insurance policies..
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
Certificate of Insurance or A Certified copy of the actual insurance policy.
However, the Contractor shall provide to County Project Management a valid Certificate of
Insurance and a certified complete copy of any and allBuilder's i Insurance Policies
and policies covering County-owned property with all endorsements, amendments,
exclusions and notice of changes to the policy.
n any and allBuilder's Risk Insurance Policies and policies covering County-owned
property, the Monroe County Board of County Commissioners will be named as a named
insured, additional insured and loss payee.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 38 of 220
Rowell's Waterfront Park Phase I
All insurance policies must specify that they are not subject to cancellation, non-renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given
to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included
as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared for entitled"Request for Waiver of Insurance Requirements"and approved
by Monroe County Risk Management.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 220
Rowell's Waterfront Park Phase I
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
Rowell's Waterfront Park Phase I
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers'Compensation Insurance with limits sufficient to respond to the applicable state statutes
and the requirements of Florida Statutes, Chapter 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 220
Rowell's Waterfront Park Phase I
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
ROWELL'S WATERFRONT PARK PHASE I
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract,the Contractor shall obtain General
Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum:
0 Premises Operations
• Products and Completed Operations
6 Blanket Contractual Liability
0 Personal Injury Liability
The minimum limits acceptable shall
$1,000,000 Combined Single Limit
An Occurrence For policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
Inaddition, the period for is claims may be reported should extend fora minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 41 of 220
Rowell's Waterfront Park Phase I
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
ROWELL'S WATERFRONT PARK PHASE I
BETWEEN
MONROE COUNTY, FLORIDA
AND
.............. .....
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
0 Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
Ifsplit limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
REQUIREMENTS AND FORMS 00130-Page 42 of 220
Rowell's Waterfront Park Phase I
PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT
INSURANCE REQUIREMENTS
Worker's Compensation Statutory Limits
Employers Liability $1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease
Policy Limits
$1,000,00 Bodily Injury by Disease,
each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Vehicle Liability (Owned, non-owned, and hired vehicles) $1,000,000 Combined Single Limit
If split limits are preferred:
$500,000 per Person
$1,000,000 per Occurrence
$100,000 Property Damage
Builder's Risk: Not Required Limits equal to the full replacement
value of the completed project
The contract shall require a Public Construction bond equal to the contract cost. The bond must
be issued by an A rated surety company doing business in the State of Florida. The Contractor
shall provide a certified copy of the recorded payment and/or performance bond to the Owner
pursuant to Fla. Stat. Sec. 255.05.
of Harmless, Indemnification, and Defense. 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 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 during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of
Contractor or any of its employees, agents, sub-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). The monetary limitation of
liability under this contract shall be not less than $1 million per occurrence pursuant to Fla. Stat.,
INSURANCE REQUIREMENTS AND FORMS 00130-Page 43 of 220
Rowell's Waterfront Park Phase I
Sec. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this
section will survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractors failure to purchase or maintain the required insurance,
the Contractor shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for the above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this AGREEMENT.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all of the requirements herein. I fully accept the indemnification and hold harmless and duty
to defend as set out in this proposal.
Charley Toppino & Sons, Inc
PROPOSER Signatbile
INSURANCE REQUIREMENTS AND FORMS 00 130-Page 44 of 220
Rowell's Waterfront Park Phase I
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
POLICY DEDUCTIBLES
Geri nal Li.aloi.l.it-ly 1)"R:IC03202MI-,8 ll".G.'� lk2O
Auto 81-001N4284482026G N c)ri.e
U ni-b r,e-1. 1.a CU 11,3 jr 6572212026 $10, S�1.1�
Workerg Comp (JB4K,)26366-2026G,
Liability policies are X Occurrence Claims Made
Ma..rsh & Mc,,Lenrian Agency
....................
Insurance Agency Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00 130-Page 45 of 220
CERTIFICATE OF LIABILITY INSURANCE DA'rTQ9;MtIIBn/YYYY) _..
5/19/2020
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 ISRER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
.._.. ........W_ ..... ..... __.... .............. . ...�..._....._. ......................................._ _.
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 enorseent(s).
PRODUCER ^N'rA'9"
NAME.
Marsh&McLennan Agency LLC PHONE FAX
9850 N.W.41 st Street CA ,N+s,Fmki 305-591 0090 JAI Not 212.948 I talala
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Suite 100 ADDRESS Cortsmlamicsc;mrTla fB.L:orn
Miami FL 33178
INSURER(S)AFFORDING COVERAGE Nalc#
INSURER A:Travelers Indemnity Co of America 25666
INSURED C I iAI,N 1(11"Jpll INSURER B Phoenix Insurance Company 25623
Charley Toppino&Sons Inc.
Monroe Concrete Products Inc, INSURERC:Travelers Property Casualty Co of Amer :36161
P.O BOX 787 INSURERD:The Travelers Indemnity Company 25658
Key West FL 33041 INSURER E:
INSURER F:
COVERAGES CERTIFICATE R:276921043 REVISION NUMBER°
HIIS IS"rO CERTIFY"F-iAF F HI: POLICIES OF INSURANCE LISH D BELOW HAVE... BEEN BS I.JEC:D 10 I HE INSLA:�ED NAII ABOVE FOR"f"IiE PCA.ICY PERIOD
INDICATED. NO'TWIT"HSfANDINC:a ANY IiF...OUIRF...MF...N"F, TERM OR COND"I"ION OI::'ANY CON"f RAC f OIL OTIIEl: DOCUMENT"WIT1i RESPECT"ro WWIiICII 'THIS
CER"FIFICATF... MAY B:2B:::: IC$SUI:::D OR MAY PER FAIN, TIIF... INSURANCE AFI::'ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT"rO ALL THE "r'ERMS,
EXCLUSIONS AND CONDI"TIC:INS OF SLJCI I POLICIES.LIMI"f S SIiOWN MAY HAVE BEEN REDUCED BY PAID CLAIII
INSR ADDL St7BN POLICY I POLICY EXP ... ....
_TYPE OF INSURANCE POLICY NU uMlrs
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A X '.. COMMERCIAL GENERAL LIABILITY DTCO3202M161'rIA20 5/19/2020 5/19/2021 EACH OCCLIIyIdENCI. '.$2,000000
MC'', 1G r M r 0 V N F I ID
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L�sIGI Innll�G ,,�' r7retl i.iCDGl,iiclD
IV11 ID XI l(Any one Irersanlu( $5,000
C°d.R801NA CCXIDVII1 $2,000,000
C, NI AGD4.;uRI':G;AIIL:_1..IMIlO DvP1:N 1:_SPI_R: GIQI NI.IDAO...X,GaGRI G7All L '..... s4,000,000
POLICY X gIN tl:.�r" I�°i"'���'� '.... Ipl8C71J lJG:II£I..G,G`nV`,AI'f?:GP.swCaft 7.12,000,000......
I I AUTOMOBILE LIABILITY 81DON4284482026G 5119/2020 5/19/2021 G"G��191GVk"I'19�aIfvPGrq Yt I uLrIVV $1,000,000
I 1 IW n�nrr sgenlJ.
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C X UMBRELLA LIAB X C1C',G',I,IID CUP3J6572212026 5/1917020 5/19/2021 FACli?1G,C;I,IIy11IINC,1: $10,,000,000
EXCESS LIAR c"„Il..AI l'X S IVI'a1CD6' '.., AGyG IRI 4'All I. $10 000,000...
,Nu1G1CdISv i,L2„i.ifldG 9i___.
II WORKERS COMPENSATION U1.14K5263662026C$ 5t1912020 5('99(2021 ;X ygl{
AND EMPLOYERS'LIABILITY Y/N ___.. ....
rhlVYl IDfDd Itll'I"G7I2fl'dhlDtl'#I r(I DCI_r;Q,1a..IVI FJ V XGtI I11ACC)IDd Ntl $1,000,000
GSr'T IC.F 1v1f2F_II11vGh Idl XG;L...U11117r .. .......) N/A
QII'2lwnnestlal¢niry inII'11Hi E 1 I711 1 S4,"xl.::_ tL IV PLOYh Q $11,ocm,O(M
If yes rlesarlbo winder _.
GbE'/t„„:11u1::rll"I914 GDI 22':;:2F41lIC7N,, rll'nw DI d Yzllr'1-I�P71.IG':Y L.IIVI $11,000,0CM
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACOR •Rerna since i req � ••
u, .��.........� RY11@1,Artl�ILruarenal Rarvtaol:;,;zr,Iee;clulev,may Ilea a@kaa:tvn�if rvaeare spaa�e'u�ra:cguloeel)
General Liability Aggregate applies per Project if required by written contract.
Proof of Insurance only.
....__ _........... _.. ............ ........
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Charley Toppino&Sons Inc. ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe Concrete Products Inc.
PO Box 787 AUTHORIZED REPRESENTATIVE
Key West FL 33041
,00
.........._ . . - �,�, ,, ....... .:.. .. ....._... ..a -, ., ---..... .. _._
O 188- 1 C D CORPORATION. All rights reserved,.
COR 5( 16/ 3) The ACORD name and logo are registered marks of ACORD
SONS,
P.O. BOX 787
KEY WEST,
EDWARD FRANK TOPPINO DIRECTOR 797-5847
PRESIDENT SR DIRECTOR 744-8443
RICHARD TOPPINOPRESIDENT
KEY EMPLOYEES: CELL #:
REY MARTINEZ PROJECT ENGINEER 305 797-1003
LEO MONTIEL PROJECT SUPERINTENDENT 305 797-3688
CT SUPERINTENDENT 305 797-0224
PROJECTCLINT KUHNS SUPERINTENDENT 305 7 7-1285
MICHAEL LABRADA PROJECT ADMINISTRATOR 305-304-9356
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Richard Toppino
President
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Senior Senior
Superintendent Project manager Superintendent
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Key West & Lower Keys
r,
> United&Grinnell St,Water Main > City of Key West ROW Poinciana Gardens Assisted Living
Improvements Improvements Facility
> $527,921,34 i- $2,500,000.00 ➢ $945,722.00
fJAS Roca Chita amain Extension > St,Mary's Activity Center > FKAA Key Haven FM Extension
> $1,847,000.00 > $1,574,143.i 4 > $2,762,000,00
FKAA Key Haven Utility Improvements ➢ Sonic Sltework > Truman Waterpork Park
> $2,779,313.80 > $515,000.00 1> $15,164,925.56
Gerald Adams Sitework&Demolition Key West International Airport Stook Island Marina Village Hotel
�
> $4,578,670.40 Commercial Apron > $18,958,714.22
> Pump Station"I'" ➢ $995,220.00 Marty's Place
$1,670.744e25 Key West International Airport Drainage $10,594.453,00
a> Stack Island Roadway 14 Drainage Improvements > Rig Coppitl Wastewater System
Improvements Y $2,818,1222.25
> $11,078,347.00
> $4,097,278.47 > Quarry Housing Development P> Key Haven Estates Site work
> VFD Pump Stations`°A,It,C, D,DA01 � $6,163,588.00 > $299,917.75
$4,022,894.40
Middle & Upper Keys
b
Stanley Swft ik Elementary Lazy Lakes RV Resort Saddle Bunch Keys Bike Path
Sitewark&Underground Utilities Utilities Improvements
$3,775,000.00 - $753,000 $450,000.00
Plantation Key Courthouse )o FKAA Breezy Pines improvements
as FDOT Hurricane Irma Repairs Demolition d Sitewark $1,309,084.00
T6489
$6,002,466.00 $2,320,735.00 FKAA Big Pine Key Repump Station
> Cudjoe Regional Wastewater $919,020.00
Marathon Airport Taxi Lanes Collection System
$2,366,000.00 $5,400,000.00 > FDEP Heritage Trail:Key Haven to
Big Coppitt
Big Pine Observation Platform �o Crass Key WWTP )o� $2,052,268.00
Reynolds St,Pier > $4,148,000,00
> $762,854.75 FDEP Bahia Honda Sandspur
FDEP Dagny Johnson State Park Restoration
FDOT Hurricane Irma Repairs > $900,000.00 > $2,962,347.00
T6476 Marathon Library
$1,873,536.00 FDEP Heritage Trail:Spanish Harbor
> $645,900.00 to 7 Mile Bridge
FDOT Surnrnerland Key 1� Fishermen's Hospital $4,083,000.00
Roadway&Drainage E61(75
$2,000,000.00 1 $2,72.5,555.00 � Grassy Flats Resort Marathon Site
US Coast Guard Station Development
Tarpon Harbor Marathon Marathon $687,569A0
$2,154,405.00 $374,319,00
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Trumanr
1500 LF of roadway FDOT standard � r
Installed 15,000 LF of underground utilities to
include fire suppression,water, drainage,
N
sanitary drainage and irrigation up to 24"° in
diameter
Installed a Water Park feature with public
bathrooms
FKAA Sombrero Beach Rd
Installation of 3000 LF of 6" Water Bain and
r 4,500 LF 12" Water Main
t wr
u Installed all service connection, fire hydrants
and waste meters
® Roadway reconstruction
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Stock
Isla:nd ROCIdway &
Drainage .
Installed 7,000 LF of drainage pipe from 15"
to 24", including a French drain
® Installed 3,000 LF of two lane roadway
reconstruction per FDOT standards
AdONINkI6,
HighlightsJob
Stoc,k ,1sla,nd Manna Villa- e
Installed more than 10,000 LF of underground
utilities including drainage,sanitary, fire, water,
and irrigation systems,
100 roam Hotel, Restaurant and Marina
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NAS
t ' Boca Chica1Extension
Installed 5,100 LF of 8" HDPE pipe directional
drilled and appurtenances
Treatment plant conversion including new
`<1FD's, telemetry, pumps, and controls
Completed all structural modifications,
penetrations, etc.
KAA Key,,Hayen M Extension RONNIE
Insf allot ion of 10,000 LF of 10" HPDE pipe FM,
directional drill
Installation of 3,000 LF 8" SS pipe FM under r
bridge structure to include handers, ARY's y
andNffi
„4
expansion joints
i
References
Allen Perez
Owner
a Perez Engineering
Owner305-293-9440
Robert Lopez
Ai
General Asphalt
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3031
RachelCone
aq The Southern Group
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2020 / 2021
MONROE COUNTY BUSINIE SS TAX RECEIPT
11EXPIRES SIFFTEMBEIR 30, 2021
RECEIPT* 301.40-89800
Business Name; CHARLEY TOPPINO&SONS INC
Owner Name: EDWARD TOPPINO SR Business 11 ucaflon� 8'5 ROCKLAND KEY
Mailing Address: KEY WEST, FL 33040
P 0 BOX 787 Business Phone
KEY WEST, FL 33041 Buswess Tyjpe CON VRACFOR(ENG CLASS 1 CC 749 A)
EmploVees 10
COMP CAROB CC749A
Tax Amount Transfer Fee I S,kji)-Tota'tl Pema4& P rYears collie-Dion Cost 'Total Paid
00_
25 0 0
Paid 122-19-00002505 08/13 20 20 2 5 00
THIS BECOMES A -rAX RECEIPT Denise 11). Henriquez, CIFC,Tax Collector THIS IS ONLY A TAX,
WHEN VALIDATED PO BOX 1129, Key West, FL 33041, YOU MUST MEET ALL
COUNTY ANIDJOR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS,
MOB COUNTY BUSINESS TAX RECIElp"r
RO, lBox 1129, Key West, FL 33041-1129
EXPIRES SEP'TEMBER 30, 2021
Business Name: CHARILEY TOPPINO &SONS INC RECEIPT# 30140-89800
8.5 ROCKi AND KEY
Owner Narne� EDWARD TOPPINO SR Business Locaticim KEY WEST, FL 33040
Mailing Address: Business Phone:
P 0 BOX 787 Business"Type: CONTRACTOR(ENO CLASS 1 CC 749 A)
KEY WEST, Ft.. 33041
Employees 10
COMP CARD: CC749A
. ..........'
'r,ax Amount e r e Sub-Total -n a ity. ...............
Pric�u Years Ccillectlon,C?,st
25.00 0.0
�00 0= 0 25.00
Paid 122-19-00002505 08113/2 020 25.00
2019 / 2020
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPT EMBER 30, 2020
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Q MRI IF ii FlDpP:ql"K)Ti :OINS Ul<,
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Paid 000-18-00031239 0 9 0 9 2 019 2 5 0 00
11 1 IS AES A I AX RH'll�111)T DaiI D. IMemud uez, CFC, 'Tax CoIllector P.N11S IS OMY A TAX
WHEN VAli IDAT112D PO Box 11.29, Key West, FL 33041 )(OU 114u JS 11 1VIEFT M 1,
C'0011\11PI� AIIIVOR
NTUNIICUPIALITY MANIaWlu
ANDZ011111ING RFQ,Al,,H',lFllJIS
11140111114ROE MAIM BUSINESS TAX RECEHAU
RO. Box 1129, Kcy Wes�, H 3304 1 11:19
f X Pl I'll?1:::::::S IS E E N11 B E R 0, 2 0 2 V�
CHARLEY TOPPINO& S0116 MK: 301,10-81)791`�
US HWY
ncahow I<r e m�sr, V ii HAD
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Phonic: 301, 2`96 bf-,06
HOX 18) Bllslnp",s, )Yjllv: CONTRACTOR(GHTAk, 811 C1dGWINEEI:'IP8]
<IF�, IN�-11�, If 11 JAGI (01",l TRAL I(YIS,l
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4 1: S
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Paid 000--18-00031239 09/09/2019 250.00
FDOT
Florida Department of Transportation
RON DESANTIS 605 Suwannee Street KEVIN J.T1110AULT,P.F.
GOVERNOR Tallahassee, FL 323950450 SECRETARY
April 20, 2020
CHARLEY TOPPINO & SONS, INC.
PO BOX 787
KEY WEST, FLORIDA 33011
RE: CERTIFICATE OF QUALIFICATIO14
Dear Sir/Madam:
The Department of Transportation has qualified your company for the type of work
indicated below. Unless your company is notified otherwise., this Certificate of
Qualification will expire 6/30/2021. However, the new application is due IZ1211211.
In accordance with S.337.14 (1) F,S. your next application must be filed within (4)
months of the ending date of the a.pplicaxnt®a audited annual financial statements.
If your company's maximum capacity has been revised, you can access it by logging into
the Contractor Pre qualification A,pplication System via the following link:
Once logged in, select "View" for the most recently approved application, and then
click the "Manage" and "Application Summary" tabs..
FDOT APPROVED WORK CLASSE0
DEBRIS REMOVAL (EMERGENCY), DRAINAGE, ELECTRICAL WORK, FENCING, FLEXIBLE PAVING,
GRADING, GRASSING, SEEDING AND SODDING, GUARDRAIL, INTERMEDIATE BRIDGES, MINOR
BRIDGES, ROADWAY SIGNING, SIDEWALK, CURB & GUTTER, GROUT INJECTION, LIET/PUMP STATION,
RIP RAP, UNDERGROUND UTILITIES.
You may apply for a Revised Certificate of Qualification at any time prior to the
expiration date of this certiticate according to SwtOn 14-22AN107, Florida
Administrative Code (F.A.C.), by accessing your most recently approved applicaLion as
shown above and choosing "Update" instead of "View,'' If certification in additional
classes of work is desired, documentation is needed to show that your company has done
such work with your own forces and equipment or that experience was gained with
another contractor and that you have the necessary equipment for each additional class
of work requested,
All prequalified contractors are required by Section 14-22.006(3), FaA.C_ to certify
their work underway monthly in order to adjust maximum bidding capacity to available
bidding capacity. You can find the link to this report at the website shown above.,
Sincerely,
W.
Alan Autry, Zger
Contractsk inistration Office
AA:cg
www.rdot.gov
4/20/2020 Manage
Contractor Pre® Ll lif!cation(CP )
FD
OT
SHLEY CH RLEYT P I A OSONS, O
Annual Application 4/20/2020 7:22:35 AM EST
CVendoryStakehaldera YAM it ale eyWork Ciao eeayFlrnanclalyeoneaclaymo gage)
CAttach Financial Staterronis Additlanal DocumuntationySut)rralt Appllaatlan Summary)
Vendor Number:F592426906002 Name:CHARLEY TOPPINO&SUNS,INC.
Application Status:COMPLETED Fiscal Year End Date: 12/3112019 Application Cue Date:4/30/2020
NOTE:The Capacity shown below will be reduced by your Work Underway to determine your Available Bidding Capacity.
Adjusted Current Ratio: 1.61
Ability Scare: 75 Surety Multiplier: 0
Ability Factor: 4 Calculated Maximum Bid Capacity: $410,600,000.00
Adjusted Net Worth: $56,710,602,00
Document Mailed Received Attached
Audited or Reviewed Financial Statements 4/6/2020 4/8/2020 N/A
Affidavit 4/7/2020 AFFIDAVIT 2020-EXECUTED.PDF Request Document
Equipment 3/30/2020 123119 EQUIPMENT LISTING-2020 FDOT FtORMAT.PDF
Request Document
Surety Letter
Letters of Recommendation
Audited Reviewed Financial CHARLEY TOPPING SONS INC._19 FS FINAL.PDF
or Statements N/A N/A Request Document
Additional Document N/A N/A FDOT 2020 ADDITIONAL DOCUMENTATION.POF
Request Document
Event Date _ Comment
APPLICATION 3/30/2020
CREATED
APPLICATION Good Morning,II have attached a pdf file wilh additional ducunuumnlalion and oxpianation of financial data used In
SUBMITTED 4/8/2020 Our appfication,Also hnptuded is tho FMV summary for the land used in,construction operallons and the 2019
land appraisal flies.Please let me know if you have any questions.Ashley Peattle,CFO
APPLICATION 4/6/2020
RECEIVED
https://fdolwpl.dot.state.fl.us/ContractorPreQualif°ication/Pages/OltlineApplication/cpgOnlineManage.aspx 1/2
4/2012020 Manage
The Department has completed the review of your application.Your new prequallfication is effective
Immediately,A signed certificate of qualification will be sent via electronic mail to the primary account holder for
APPLICATION this application wIthIn10 to14 business days.If the signed certificate should be e-malled to a recipient other than
REVIEW 4118t2020 the primary account holder,please provide the recipients e-mail address to CO-CPQStaff@dot.stata.fl.us,You
COMPLETE can access your Orm's maximum bid capacity and approved work classes on the capacity and work class tabs of
the application.You can access your approved work classes,but not your maximum bid capacity,by accessing
our public database at:
hitps:lffdotwpi.dotstate.fLualcontractorprequaliflcaUonipublirJPrequaliflodVendorSearch,espx,
FLORIDA DEPARTMENT CPT NSPORTATION CAN,,
Report Technical Problems to the Service Desk @ 1-866-95email:357 or email:
Send Prequalification Questions or Comments to Q2nkagft_6dMjabjWhffl
Q&Q o.*O•
https:ltfdotwpi.dol.state.O.ustContrackorPreQualineationIPagesiOnOneApplicallonfcpqOnllneManage.aspx 2/2
Detail by Entity Name Page I of 3
Horida-Qopaiftnera of Slaw DiVISION OF CORPORATIONS
Org
...........
............. ........................ ................. ......
Detaill lby Entity IName
Florida Profit Corporation
CHARLEY TOPPING&SONS,INC.
fAr—MAU-0A
Document Number M03537
FEI/EIN Number 59-2426906
Date Filed 08102/1984
State FL
Status ACTIVE
Lost Event AMENDMENT
Event Date Filed 10/11/2019
Event Effective Date NONE
129 TOPPING INDUSTRIAL DRIVE
ROCKLAND KEY
KEY WEST, FL 33040
Changed:04/27/2017
P.0, BOX 787
KEY WEST, FL 33041
Changed:04/2312018
TOPPING, RICHARD
129 TOPPINO INDUSTRIAL DRIVE
KEY WEST, FL 33040
Name Changed:02/08/2018
Address Changed:02/08/2018
0f!1qer/DtMqtqr pqyil
Name&Address
Title P
TOPPING, RICHARD
10 EGRET LANE
KEY WEST, FL
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 3/31/2021
Detail by Entity Name Page 2 of 3
Title T
TOPPINO,JOHN
#18 CALLE LINO
KEY WEST, FL 33040
Title V
TOPPINO,ANDREW
129 TOPPINO INDUSTRIAL DR
KEY WEST, FL 33040
Title Secretary
Toppino, Daniel P
PO Box 787
Key West, FL 33041
Title Executive Vice President
Toppino, Paul
1500 Catherine Street
Key West, FL 33040
Title CFO
Peattie,Ashley
PO Box 787
Key West, FL 33041
AnnUALEgRgids
Report Year Filed Date
2018 04123/2018
2019 04/2512019
2020 06/1912020
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Document, A312 2010 ,
Peribrimance Bond BotidNo. 107443443
CONTRACTOR, SURETY;
OVaine, kegalsialta and admle-s)
Charley Toppino &Sons, Inc.
US Highway 1, IvIrn 8.5, Travelers Casualty and Surety Company
Rockland Key, Key West, Ft. 33040 of America this document has Important legal
One Tower Square consequences.Consultation with
OWNER: Hartford, CT06183 an attorney Is encouraged with
(Alanie, lega)stalms ano addre vs) respect to Its completion or
Monroe County Board of County Commissioners modiflo0on,
500 Whitehead Street Any singular reference to
Key West, FL 33040 Contractor,Surety,owner or
other pally shall be consIdered
CONSTRUCTION CONTRACT pltirail where appli4pabla.
Date, June 16th, 2021 AIA Document A312-201 0
combines tivo separate bonds,a
Amount: $1,421,000.00 Patforinanco Bond and a
Payment Bond,Into one form.
Description: This Is jint a single combined
(Marne and location) Porformanw,and Payment Bond.
Rowell's Waterfront Park Phase I
Doc#2328013 Bk#3109 Pg#791
BOND Recorded 6/30/2021 1:57 PM Page I of 9
Date:June 21, 2021
(Not earlier than Confr act)9ale) Filed and Recorded in Official Records of
M. ONROE COUNTY KEV1N MADOK.CPA
Amomit,. $1,421,000.00
A4odifieadou,q to this Bond: X Nune 0 S,e Section 16
CONTRACTOR AS PRINCIPAL SURETY
Com
pany: qwiW2.,Veal) Company; gale Seal)
Charley T in Travelers Casualty and 12111r7ty Com arty of America
-'y
Sons, Inc
Maw, Name Wilham i Pairk/w, Alloroey in Fact&FL Resident Agumi
and
(Any additional signatures al)pea).Oil the last 1)(1ge of this pelyhl-manca J?o)1(1)
(FOR IXJe01?Ad;41701f 0,A?L1---iVmne, adch-ess,andlelepholle)
AGENT or BROKER! OWNER'S REPRESENTATIVE:
ot-
9500 S. Daddand Blvd.,Imilo,400
Miami,FL 331,56
Dorunrinnt A312111--M0.7ho Amedcan loslituto o(Archilodu.
§1 The Contractor said Surety,jointly and severally,bider themselves,their heirs,executors,administrators,successors `
and assigns to the Owner for the porforinmco,of the.Construction Contract,which is incorporated heft-,ill by reference.
§2 If the Contractor performs the Construction Contract,the Surety and file Contractor shall have no obligation under
this Bond,except when applicable to participate in a conference.as provided in Section 3. .
§3 If there is no Owner Default under the Constmetion Conliact,the Surety',,obligation under this Bond shall arise
after
,1 the Owner first provides notice to the Ce►uatlac.tor tattd the Surety that the Owner is considering declaring
a C'onu'actor Default,Shic.h notice shall indicate whether the Owner is requesting a conference anrang
the Owner,Contractoi.and surety to discuss the Contractor's performance,If the Owner does not
request a connferenco,the—Surety inay,wi.thiti live O business clays after reeeipt of(lie OvIner's notice,
request such ra crarateacnw.a;.If the Surety 6muly requests a conrerela�.e.,the,Owner dual]attend.]lawless
the Owner agrees otherwLw,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of tho Owner's notice,If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to porforni the Construction Contract,
but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Nice in accordanco with the terms of the
Construction Contract to the Surely or to a contractor selected to perform the Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3,1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to
the extent the Surety demonstrates actual prejudice.
§5 When the Owner bras satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:.
§5.1 Arrange for the Contractor,with tho conscat of tile,Owner,to perform-ud complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction C,ontra(a itself,through its agents or independent
contractors;
§53 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and cornplet ion,of(he Construction Contract;ar'rangQ t'br a contract to lie prepared for execution,by the
Owner and a contractor selected with the Owner's concurrence, to be secure(]with perforrnancc and payrnont bonds
executed by a qualified surety equivalent to tine bonds issucd oar tine Construction.Contract,and pay to tine,Owner the
antcaunt ofdanrages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default;or .
§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable
promptness under the circumstances:
,1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notil`y the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provider]in Section S with reasonable promptness,the Surety shall be deemed to
be in default on this Bond severe days after receipt,of all additional written notice fro'rxa the Owner to true Surety
dernanding that the Surety perform its obligations under this;Bond,and the Owner shall be entitled to enforce any
remedy available to the Owner,If the Surety proceeds as provided in Section 54,and the Owner refuses thepayrnen:t
or the Surety has denied liability,in whole or in pant,,without hirther notice the Owner shall.be entitled to enforce ally
remedy available to tlae Owner,
AIADoaurriontA312Tu-2010.TheAmericar�Insl 6
Init, iNile of drehltecls,
2
§71f the Surety elects to act udder Section.5:1, 5.2 or 5.3, then the responsibilities of the Surer to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of tine Owner to the
Surety shall not be greater than those of the,Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance of the Contract Price,the Soroty is obligated,without duplication,for
,1 the responsibilities of the Contractor for correction of detective work and completion of the
Coustruction Contract;
.2 additional legal,design.pre es4ioiial and`delay costs resulting from the Contractor's Default,and
resulting Erom the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages s specified in tho Construction Contract,actual
damages caused by delayed performance or nonwp^rforniance of the Contractor.
§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is Batted to the amount of this Bond.
§9 The Surety shall not be..liable to the Owner or others for obligations of tl.e Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations.No right of action shall accrue on this Bond to any person or entity other thari the Owner or its
heirs,executors,administrators, successors and'assig►s.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§11 Any proceeding„legal or equitable,under this Bond may be instituted in any court afcompetent jurisdiction in
the location in which the work ar part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two.years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of.this.Paragraph
are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contactor shall be mailed or delivered to the.address shown on the page
on which their signature appear;,.
§13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisiom.Conforming to such statutoty or other legal requirement shall be
deemed incorporated herein. Wher►so furnished,the intent is that.this Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§141 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Constructfon
Contract after all proper adjustments have been.made, including allowanco to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for darnages 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 Contract Documents and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§14.4 Owner Default,Failure of(Vie Owner,which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§14.5 Contract Documents,All the documents that comprise the agreement between the Owner and Contractor,
§15If this Bond is issued for an agreement between a Contractor and subcontractor,the term.Contractor in this.Bond
shall be deemed to he Suboontracior and the terra.Owner shall be deemed to be Contractor.
Init. I A�c'iltects.
§16 Modifications to this bond aro ns follows-
(Space is pt-ovided below for aekil Tonal stl;natures of added parties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Colpor•ate Seal) Company: (Corporate Seal)
Signature:
Narne and Title: Namo and Title:
Address Address
InlL
Art
. Document A312 T11 - 2010
i3r.rrd No. 107443445
Payment Bond
CONTRACTOR, SURCTY:
(Name, lepal stot(rs and address) (Namra, ie�;cr1 Irylrrs u�rdPr'irrcipalplarrr
Charley Toppino & Sons, Inc, of businr?ss)
US highway 1, Mm 8,5 Travelers Casually and Surety Company This document has Important legal
Rockland Key, Key West, FL 33040 of America consec uances,Consultation with
One To.Yer Syt,are an uornay ll Is encouroged with
OWNER: hartfo,d, CT 06183
rospect to Its complellon or
(Name, legal stalrrs and address)
modlllcatiotr.
Monroe County Board of County Commissioners Anys►ngularreference to
500 Whitehead Street Contraclor,Surety,Owner or
Key West, FL 33040 other peaty shall be considered
CONSTRUCTION CONTRACT plural where applicable.
DOW AIA Document A312-2010
June 16, 2021 combinps hero soparale bonds,a
Amount;$1,421,000.00 performanco Bond and a
Payment Bond,Into one form.
i his Is not a single combined
(N!�rrre and Description:nlncatlon) performance kind Paymen(Bond,
Rowell's Waterfront?ark. Phase
SOND
Date: June 21, 2021
(Not r;aelier^lharr CynrtslrTCP'on C`r;n!J'��t llaf i
Amount:$1,4211000.00
Modifications to this 13"nnd: F]None >(See'Section 18
CONTRACTOR AS PRINCIPAL SURETY
C,'omparly: (."Crr ovate"Feral,) C�ompatly: (Clor mir de Seal)
Charley To ' p Travelers Casualty and S re Compan "Arllerica
Sons, Inc.
._ �.w..�. Slgraktit;�ro: _
Name, r L10
Name NJdliam L.Pgrkon,A l nvw in Fact&FL Resident&q-7t
and 1it1a� � ti and'flttu:
(.4ny rdrlr oar,.rl,ill,rrrrrrra a°rrla�rrr SFr'on the lae°fpap of Ilrs.s Pa�nnerrll?onrj)
(FOR INrrGRW,4.TIDN ONLY—Name, oadr ss and ielahhone)
AGENT or BROKER: OWNER'S REPRESENTATIVE;
(' -chilt:�cr, 1)rpineer pr olhel,parts.)
InScurce
9500 S.Dadeland Blvd.,Suite eloo
M.rruari,f 1. 15
AIA Duzusnt AMV4--200,Tpe A.a,unu,?n fu..htu. e et rttchne°. ......_,
Intl. m . . ., rt�. MAW
i
§1 The Contractor and Surety„oiatly and severally,bind themselves,their heirs,executors,admirnistrators,successors
and assigns to the Owner to pay fnr ,.loibor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated liarein by reference,subject to the following terns.
§2 If the Contractor promptly makes payment of alI sums due,to t nirnants,aaJ defends,inderrunifzes and holds
hannlcss the Owner from claims,demands,liens or subs by any person or entity seeking payment for labor,materials
or equipment fuimished for use in the performance oftlre con.sir.rction Confraet,then the Surety and the Contractor
shall have,no obligation,under.this Bond.
§3 If there is no Owner Default under the Cons`ivction Contract,fins Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly,notified the Contractor and the�;urmy(at the address described in Section 13)
of claims,demands,]lens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or etluiptnent furnished for use in the performance,of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied(lie conditions in Section 3,the,Surety shall promptly and at the Surety's expense
defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§5,1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,f imished or
supplied or for whom(lie labor was done or performed,within ninety(90)days after having last
performed tabor or last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to tine Surety(at the address described in Section 13).
§5,2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at
the address described in Section 13),
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to
satisfy a Claimant's obligation to frrtnish a written notice of non-payrrient under Section 5.1,1,
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,vrh.ichever is applicable,the Surety shall
promptly and at the Surety's expense false the fallowing actions;
§7.1 Send an answer to the Claimant, with a copy to the Owner,within sixty(60)days after receipt of the Claim,
stating the amounts that arc undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7,2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2,the Surety shall indemnity the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's
fees provided under Section 73,and the amount of this Bond shall be credited for any payments made in good faith
by the Surety,
§9 Amounts owed by the Owner to the Contractor under the Conshuetion Contract shall be used for the performance
of the Construction Contract and to satisfy claims,if any, under any construction performance bond.By the
Contractor furnishing and the Owner accepfing this Bond,they agree that all fiends carried by the Contractor in the
performance of the Construction Contract are dedicated to satisi'y obligations of the Contractor, and Surety under this
Bond,subject to the Owner's priority to use the funds for the completion of the work
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010.Tft_a Am.A__j erica..n...., .w. _ .. _ _._ .....a._ .,.. .._a_...,, _f._ ... . _...__. ..,......,.
Init, AIA Docu InsiUule of Arctillecl,;,
6
§10 The Surety shall not be liable to lie Owner, C;flillimlts or others for obligation:,of the Contractor that are
uru'elated to the Construction Contrar.•l.The 0wrior shall not Le lin.bla for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obiigtition to walce payments to,or give notice on behalf
of,Claimants oh.ofherwise have any obligations to Claimants uK dox this 11 nd,
§11 Tito Surely hereby waives notice of any change,inoftidit;g changes of firne,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§12 No suit or action shall be coinmenced by a Claimant under this Fond ether than in a court of competent
jurisdiction in the stag":in which the protect that is the sui�ject of the Coil Ar ruction Contract is located or after the
expiration of one year front the date(1)on,vllfch the Clairvant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5,2,or(2)on which the last labor or service;vas performed by anyone or the last materials or
equipment were furnished by anyone under tho C:onstr:action Contract,whichever of(1)or(2) first occltrs.if the
provisions of this Paragraph are%.oid or prohibited by Ictw,the n;i:hirnum period of limitation available:to sureties as a
defense in the jurisdiction of the suit shall he applicable.
§13 Notice and Claims to the Swety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.A dual receipt of notice or Claims,however aecornplished,shall be
sufficient compliance as of the date received.
§14 When this Bond has been fltrnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed,art),provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall he construed as a statutory bond and
not as a.cortunon law bond.
§IS Upon request by any person or entity appearing to be a potential beneficiatij of this Bond, the Contractor and
Owner shall promptly fumWi it copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including at a minimum:
.1 the name of'tile Claimant.;
.2 the name of the person for+,vhurn the labor was clone,or materials or equipment furnished;
.3 a copy of the agreement or purchase ordrr pursuant to which labor,materials or equipment was
furnished for use in(lie performance of the Construction Contract;
.4 a brief deser•ilhtion of th&',labor,materials or equipment furnished;
.6 the date on which the Claimant last performed labor or last fumi"shed 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;
.% the total amount of previous payments received by the Claimant, and
.8 the total amount duo and unpaid to the Claimant for labor,materials or equipment flimished 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 tens
Claimant also includes any individual or entity that has rightfully asserted a clairn under an applicable mechanic's lien
or similar statute against the real propert~j upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terns"labor,materials or equipment"that part of water,gas,power,light,beat,oil,
gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other
items for which a mechanic's lien may be asserted in the jurisdiction v:laere the labor,materials or equipment were
furnished..
§16.3 Construction Contract.The agreement behveen`the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA lnit. pocumerit. 2011 0.T1mnslih,to al picfiftect s
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1
§10.4 Owner Pefault.Fallow of the Olyner,Wilicli has ticA been rernedied or waiml,to pay fh(,t Contractor as required
Ullder the Consilractioll Contract or to perform and complote.or comply\y1hij the(qiler 111aicyinj terms of the
Construction Contracl,
16.5 Contract Docuumills,All tiledocunwilts t"aft"malprilse thoaorecinent between the Owner and Coritractor,
11 If tills Bond is issued for all agro-einalA bc-; (he!(W-ft Contraefar in this fiend
shall be deemed to be SubecM.1mottir iird t)e W)all be dpomod to.be Contractor.
§18 Modifications to this Im.10 ure Rq fe,I 16 V":
110111d is give"'W COU'Ply wilh saction,255.05
Florida Statntes,and tiny Action insfitmed by a
0almant under this borg]fm Payment must be in
accordance with the notice and time fimitation
provisions in Section 255.05(2).Florida Statutes
(Space is p ro i*leel belo wvfior adWdonal s1g)ial,ura. of iidderlpgedes, other-than those appearing on Ilia coverpoge)
CONTRACIOR AS PRINCIPAL WRETY
Company: �Colporata Se 00 compally,
Charley Toppino I& s, rile. Travelers Casualty and Surety Q&)4a,'r',V cf -iica
Signature.
Name and Title ''it Namp and Title: William L. Parke J, AA�ftorney in Fact.PAFL Res Agent
Address US Highway 1, Mm 8 , , Address One Tower Square, I , Word, CT 06183
Rockland Key, Key est. FL 33040
Init. AIA Moment A312111-2010,The Amenow institute of Afaittl6s.
.......... ..............
.... ......
m. .� _.... ,, __ vel lty Sur
Traers Casua and ety..Company of America.
Travelers Casualty and Surety Company
TRAVELERS J St. Paul Fire and Marine Insurance Company
. .... w� � .�. ___w.. ..... ,�.�
POWER OF ATTORNEY
KNOW ALL MEN 13Y THESE PRESENTS. T'het Travelers Casualty and Surety Company of America, Travelers Casualty and Surely Company, and St.
Paul Fire and Marine. Insurance Company are corporations duly organized under the laws of the State of Connecticut therein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint William L,Parker of MIAMI
Florida , their true and lawful Attorneyfn•,Fact to sign, execute, seal and acknowledge any and all bonds, recognizances
conditional undertakings and other wrltdnggs obligatory in the nature thereof on behalf of the Companies In their business of guaranteeing Ilia
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or penatitted In any
actions or proceedings allowed by paw.
IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February,
2017.
PROW p
tlh rJg.. aril"ZZWd,�, N4
rrr�s r m w ow4un
M
State of Connecticut
City of Hartford as, Robert L.Raney,SeW Vice President
On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of
Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St, Paul Fire and Marine Insurance Company,anal 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.
In Witness Whereof,I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2021 y k
dk *��� Af Marie C.Tetreault, Notary Public
This Power of Attorney is granted wider and by the authority of the following resolutions adopted by the hoards of Directors of Travelers Casualty and
Surety Company of America,Travelers Casualty and Surely Company, and St.Paul Fire and Marine Insurance 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 time Company and may give such appointee such authority as his or tier certificate of authority,may prescribe to sign with
the Company's name and seal with the Company's seat bonds,recognlzances, 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 tire 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 seated with the C:ornpany'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. I•lughes, tine undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marne Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of
Attorney executed by said Companies,which remains In full force and effect.
Dated this 21 dayof June 2021
�
r 4 rwmrrar , +
a �„« s � Ar
AKen E,t•kmghes,Ass stint Secretary
To verify the authenticity ofthis Power of Attorney,please callus at 1-800-42,t 3880,
Please refer to the above-named Attorne y-in-fact and the details of the bond to which the power is attached
Travelers Casualty and Surety Company
TRAVELERS�1' Travelers Casualty and Surety Company of America
INCREASE RIDER
Bond No: 107443443 Amount of Bond: $1,421,000.00
Principal: Charley Toppino&Sons, Inc. Hereby increased to: $1,445,000.00
Obligee: Monroe County Board of County Commissioners
As of the 21M day of July 2021, the amount of the above described bond increased
from the sum of $1,421,000.00 to the sum of $1,445,000.00
but the liability of the Surety for any acts or defaults occurring before the effective date hereof shall in no event exceed the sum first named,
and the aggregate liability for any and all acts and defaults,whenever committed,shall in no event exceed the sum last narned, it being the
intent here of to preclude Cumulative liability, This certificate,when signed by the principal,shall become a part of the said bond.
Signed, sealed and dated this 2V day of July 2021.
Travelers Casualty and uretyCompany'ofAmerica
Sy._._._..._.. ... .
William L. Parker,Attorney-I ri-Fact
I hereby consent to the above increase.
Witness my hand and seal this 21s1 day of July,2021
arley Toppino Sons, Inc.
V)11-94
Doc#2333615 Bk#3117 Pg# 1565
Recorded 84,2021 1:43 PM Page I of 2
Piled and Recorded in Official Record.,,of
MONROE COUNTY KEVINMADOK,CPA
I r avele rs Cas u a if y and SuretV Company of Arnerica
Travelers Ca ualtV and Sur pan
TRAVELERSr, St. Paul Fire and Marine InsuranceCompany
POWER OF ATTORNEY
KNOW ALL. MEN BY THESE PRd.": dr:NT& That "fra'velers Casualty and Surety Company of America, Travelers Casualty and Surety Company, aand CT't,
[haul Fire and Marine Insurance Company are corporations duly organized Linder, the laws of the State of Connecticut (herein collectively called khan,
p l p � d
��Floridar°alaw+�"" ,0.arad that flee CToraatl their true
rtca hereby r°r'tkca,c. c�rst�ftrrtn srva�1 appoint "�4PtBllsra"It L.p"�°arMar of MIA
MI
art-Fa p acknowledge y and all bonds, rec�czgniz anc es,
franc ��arnLt lawfuat Attrar�n y ct to sign, exocaute, seal arar'd aaukancrwle�.dwe ae�an
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons„ guaranteeing the performance of contracts and executing or guaranteeing bonds and unrcledakincgs required or permitted in any
actions or proex-edings allowed by laws.
IN WITNESS WHEREOF,the Conapandes have caused this Instrument to be signed,carrot their corporate seals to kae:hereto affianced,this 3rd day of February,
2td"d T
waawa. waaraaet
ra�arttuu aaa�urre
ti Co%aara
A"`
State of!.:car^urtecticut
BC p
City of Flartfor'd ss, _ Robert L.Raney„Se or Vice President
m y rT the senior,Vice President of
On this the 3rd day off February, 2fdt�, before me personally ap:apaeared RobertL., Raney, acknowledged hru'naself to lees
Travelers Casualty arid Surety Company of America,Travekcars Casualty arid Surety Company,.and SL Poual Fire:and M arine lna:urance(.ornpraany and that
he, as such, being authorized sea to do, executed the foregoing instrument for the purposes therein raarntagneed by signing can behalf caf then corporations by
himself as as duly authorized officer,
to Witness Whereof I hereunto set racy hand and offir ial seal, r .f
My Commission expires the 30th clay of Jume, Ck '1
it � rr' Marie C. retreault, Notary Public.
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers avelers Casualty and
Surety(,or'npany of Anaeerica,-Travelers t,aasuaakty and Surety Company„ and St. Paull Fire and Marine Insurance Company,which resolutions are now in full
force arid effect,reading as follows:
RESOLVED, that the C haairrraan, the President„ any Vice Chairman, any Executive Vises President„ any Senior Vice President, any Vices 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 arid rnaay give such appointee such authority as his or her,certificate of authority may prescribe to sign with
the Company's narn^ne and seal with the Company's seal borrds,rec°o gnrxance'a s, contracts of indemnity,and other"writings obligatory in the nature of a boned,
recognizance, or conditional undertaking, and any of said cffucsaers or the Board of Director's at any time may remove any.such appointee and revoke the
power given hint or her; and mt is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman any Executive Vice President, any Senkor Vice, President or any Vice
President may delegate all or any part of the fcuaegoing aunt ioaity to one aar'nnore, officers or employees of this Company, provided ii'mt each such delegation
is run awaiting and a co thereof is filed in the office of the Seacretary and it Is
FURTHER RESOLVED, that any trend, reccagr'a'dzararx'e, contract, of Indemnity, or writing obligatory in the matures of a mend, recaagnlzanrx-, or conditional
undertaking shall be valid and binding upon the Company when (a)signed by the President, any Vion Chairman„ any Executive Vure President, any Senior
Vice President or any Vice President, any Second Vine President, the Treasurer, any Assistant 'f r(,ms»urer„ the Corporate ' ecretar'y car any Assistant
Secretary and duly attested and seated with the.Company's seal by a Secretary or Assistant Secretary; or(b) daily executed(under seal, if required)by one
or more Attorneys-inn-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 authcrity;and R is
FURTHER, RESOLVED, that the signature of each of the following officers President„ any executive Vhe:.e 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 f ac sinnite to any Power of
Attorney or to any certificate relating thereto appointing Resident Vie Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of
e J „ d 4 Attorney or certificate bearing
,xeaaautirae sued aattcstgane, bonds grad undertakings and c'atlnar wurtdnpds� obligatory ura the nature tln¢areof, and any such Power of Attcaa .. facsimile
„arolle
such faacuawnrilee� signature ear'facsunnrle seal shall be vaadacd and binding upon the; Company and any such power so executed and c rtifued by such fa c.
signature and facsimile seal shall t'.'me valid and binding on the Company in the future with respect to any bond Lar understanding to which it is attached.
l„ Kew'ir E. Hughes, tYe undersigned, Assistant Secretary of Travelers Casualty and CUrftp Company of America, Traweier' Casualty and Surety
Company, arid St, Paul Fire and Marine Insurance Company, do hereby certify that the above: and foregoing is „a truce and correct copy of the Flower' of
Attorney executed by said Companies,winch ren'iains in'full force arid effect.
Elated ttais 21st day of Jullyr „ 2021 J�0,
raw
,qaa,; „,eNP^
br aG!MWAM
aar?
a'"�
Ifevrn F.h"Gaagdaes,<lwaettant,,erretary
To verraio,the 7vt1zefiticity of this Power ofAtteraa y`,plemse call ter atl-800-421-3880.
Plearse r'etera to the bove-rmrrrruerl tt'erzaey-lrrmA"ei t arrrl the details of Ure harried tea warlrlch the power is at cMerl:
DATE(MM/DD/YYYY)
ACCOR" CERTIFICATE OF LIABILITY INSURANCE 5/14/2021
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: Illana Abbate
Marsh &McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/c No EXt: A/C,No):
E-MSuite 100 ADDRESS: certsmiami@mma-fl.com
Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Co of America 25666
INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623
Charley Toppino &Sons Inc. INSURERC:Travelers Property Casualty Co of Amer 36161
Monroe Concrete Products Inc.
P.O BOX 787 INSURERD:Travelers Indemnity Company 25658
Key West FL 33041 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1949795435 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY DTC03202M181TIA21 5/19/2021 5/19/2022 EACH OCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $300,000
Approved Risk MalnagQ f'Y eint MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
X POLICY� PE� LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: °7 9 202 1 $
D AUTOMOBILE LIABILITY 81004284482126G 5/19/2021 5/19/2022 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
C X UMBRELLA LIAB X OCCUR CUP3J6572212126 5/19/2021 5/19/2022 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$1 n nnn $
B WORKERS COMPENSATION UB4K5263662126G 5/19/2021 5/19/2022 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTEI ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? ❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
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 AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD