02/14/2022 Agreement Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN$50,000.00
Contract with: Toppino Contract#
Effective Date: upon Contract Execution
Expiration Date: 30 Days from Notice To Proceed
Contract Purpose/Description:
Straightening out of the culvert on canal 472 in Geiger Key, previously installed in 2014 but not according
to contract specifications_This work will straighten out the half of the culvert that is currently on a diagonal_'
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Rhonda Haag 4474 26
(Name) (Ext.) (Department/Stop #)
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
(must be less than$50,000) 49,951 (If multiyear agreement then 49,951
requires BOCC approval,unless the
lolaal culnulatke ainou It is less 111an
Budgeted? Yes❑ No❑✓ Account Codes 304-2300° 56..-�5&
Grant. $ Godes:304-23000-550530-PE2 1 01-5 3 0340
County Match: $ _-_-_-_-
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.)
Insurance Required: YES F71 NO 0
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date In
Department Head Yes❑No❑✓ Digitally signed by Rhonda Haag
Data 2021.11 23 121558-O5'00'
. tee eL.G ..-L-
ei9ialN sLq�
oN:cn=Cyntliia L.Hall,o-Mmi oe G°unty 8000,
County Attorney Yes❑No❑✓ ° ° "'211,alley°°,la�R°°0°e°°° °°.°=°5 12-8-2021
Risk
oa�e:zozi.usa iaas.is-0s
Risk Management Yes❑No0 +• s Date: 021.12dbyMaria4-05'L. 00 12-16-21
Dale:2021.12.16 12:45:24-OS'00'
Tina Boan Date:l022.02d by Tin,410:31e2-
O.M.B./Purchasing Yes❑No❑ Date:2g22.42.,4,4:3,:42-05'00'
Comments:
Revised BOCC 10/21/2020
Page 83 of 101
Standard Form of Agreement
Between Owner and Contractor
Where the basis ofpayment is a STIPULATED SUM
AGREEMENT
Made as of the 14th day of February,in the year of Two Thousand and Twenty-Two (2022).
BETWEEN the Owner: Monroe County Board of County Commissioners (`BOCC")
1100 Simonton Street
Key West, Florida 33040 ("Owner")
And the Contractor: Charley Toppino & Sons, Inc.
P.O. Box 787
Key West, Florida 33041 ("Contractor")
For the following Project: Culvert Connection Repairs between Canal 4470 and 4472
Geiger Key
Monroe County, Florida ("Project")
Oversight for Owner: Monroe County Sustainability Director
102050 Overseas Highway, Ste. 246
Key Largo, Florida 33037
Engineer: Wood Environment& Infrastructure Solutions, Inc.
5845 NW 158th Street
Miami Lakes, Florida 33014
The Owner and Contractor agree as set forth below.
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents, in order of importance, consist of this Agreement, Conditions of the
Contract (General, Supplementary and other Conditions), Drawings, Insurance Requirements and
Documents, Milestone Schedule, Contractor's Price Proposal other documents listed in this
Agreement and Modifications issued after execution of this Agreement. These form the Contract
and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The
Contract represents the entire and integrated agreement between the parties hereto and supersedes
prior negotiations, representations or agreements, either written or oral.
1
ARTICLE 2
THE WORK OF THIS CONTRACT
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows:
Scope of Work is as specified in the Contract Documents and shown on the construction
plans and permits. The contract constitutes of the entire and exclusive agreement between
the Owner and the Contractor with reference to the Culvert Connection Revisions between
Geiger Key Canal#470 and#472 Project.
Contractor understands and agrees to cooperate with any construction and any other contractors
that may be working in the same vicinity; and will cooperate to arrange the work so it will not
interfere and to accommodate traffic in the area.
ARTICLE 3
DATE OF COMMENCEMENT, SUBSTANTIAL COMPLETION,
LIQUIDATED DAMAGES
3.1 The date of commencement shall be the date specified in the Notice to Proceed issued to the
Contractor.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
30 Calendar Da3 after the Date of Commencement, subject to adjustments of the Contract Time
as provided by the Contract Document.
3.3 Liquidated Damages
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all
approved extension in time as set forth by the Owner'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 31s'DAY &
CON`1`RAC`l'AMOUNT 15 DAYS 15 DAYS "I!II RE:AItTER
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
$500,000.0 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.
2
ARTICLE 4
CONTRACT SUM
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the
Contract, for the project entitled Culvert Connection Revisions between Geiger Key Canal#470 and
#472, the Contract Sum of forty Hite`I hour ed Nine l lundred 1°iffy Oi c 17c 1Jars 649,951.00),
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: None
4.3 Unit prices, if any, are as follows: As specified in Section 00110.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Not Applicable
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except
for the Contractor's responsibility to correct 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 Project Certificate for Payment has been issued by the Project
Manager: such final payment shall be made by the Owner not more than 20 days after the issuance
of the final Project Certificate for Payment.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented by
other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local
Government Prompt Payment Act 218.735
7.3 Temporary facilities and services: None.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Board of County Commissioners.
7.5 Public Entities Crimes: By signing this Agreement, Contractor represents that the execution
of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes).
3
Violation of this section shall result in termination of this Agreement and recovery of all monies
paid hereto and may result in debarment from County's competitive procurement activities.
7.5.1 In addition to the foregoing, Contractor further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a"public entity crime" regardless of the amount of
money involved or whether Contractor has been placed on the convicted vendor list.
7.5.2 Contractor will promptly notify the County if it or any subcontractor is formally
charged with an act defined as a "public entity crime" or has been placed on the convicted
vendor list. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are part of this contract:
7.6.1 Maintenance of Records: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each party to this Agreement
or their authorized representatives, or the Federal Emergency Management Agency or its
designee, shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the County or Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for purposes
not authorized by this Agreement,the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to
Contractor.
7.6.2 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. This Agreement shall not be subject to arbitration.
7.6.3 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
4
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,relating
to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990(42 USC s. 1201 Note),as maybe amended from time to time,relating
to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,Article
VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
7.6.9 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.
7.6.10 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.
7.6.11 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.
7.6.12 Public Access: The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this Agreement; and the County
shall have the right to unilaterally cancel this Agreement upon violation of this provision by
Contractor.
7.6.13 Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to
6
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.
7.6.4 Attorney's Fees and Costs: The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative
to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled
to reasonable attorney's fees and court costs, as an award against the non-prevailing party,
and shall include attorney's fees and courts costs in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
7.6.5 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.
7.6.6 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.
7.6.7 Claims for Federal or State Aid: Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
7.6.8 Nondiscrimination: County and Contractor 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. County or Contractor 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss.1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation. Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5)The Drug Abuse Office and.Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act
5
the extent of liability coverage, nor shall any contract entered into by the County be required
to contain any provision for waiver.
7.6.14 Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, 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.
7.6.15 Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely 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.
7.6.16 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.
7.6.17 Attestations: Contractor agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
7.6.18 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.
7.6.19 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.
7.6.20 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
7
part of this Agreement and will not be used in the interpretation of any provision of this
Agreement.
7.6.21 Special Conditions, if any are detailed in Section 01000 of the Project Manual
for this Project.
7.6.22 Hold Harmless and Indemnification:Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees
that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) claims, actions or causes of
action, (ii) 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)costs or expenses that may be asserted against, initiated with respect to,
or sustained by the County and the COUNTY's elected and appointed officers and employees
from liabilities damages, tosses and costs, including but not limited to, reasonable attorney's
fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct
of the Contractor and persons employed or utilized by the indemnifying party in the
performance of the construction contract. The monetary limitation of liability under this
contract shall be not less than $1 million per occurrence pursuant to F. S. 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 the completion of the project (including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
7.6.23 Adjudication of Disputes or Disagreements: The Owner and Contractor agree
that all disputes and disagreement shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session,the issue or issues shall be discussed at
public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties,then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law. This provision does not
negate or waive the provisions of Paragraph X concerning cancellation.
7.6.24 Cancellation: In the event that the Contractor shall be found to be negligent
in any aspect of installation, stocking, maintenance, repair, or service, the County shall have
the right to terminate this agreement after five days written notification to the Contractor.
8
7.6.25 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.
7.7 Ownership of the Project Documents: The documents prepared by the Contractor for this
Project belong to the County and may be reproduced and copied without acknowledgement or
permission of the Contractor.
7.8 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under
this agreement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or subcontractor shall comply with all of
the provisions of this Agreement. Subject to the provisions of the immediately preceding
sentence, each party hereto binds itself, its successors, assigns and legal representatives to the
other and to the successors, assigns and legal representatives of such other party.
7.9 No third Party Beneficiaries: Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
7.10 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
7.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 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 this 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 the DBE's have the opportunity to compete for and perform
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement.
ARTICLE_8
TERMINATION OR SUSPENSION
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of
the General Conditions.
9
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions.
Article 9
ENUMERATION OF CONTRACT DOCUMENTS
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: See Article 1
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.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in four(4)counterparts,each of which shall,without proof or accounting for the other
counterparts, be deemed an original contract.
MONROE COUNTY,FLORIDA
y l—
b,.ty Administrator
Date February 14, 2022
(SEAL) CHARLEY TOPPINO & SONS,INC.
Attest:
By: -------- By: —
r '
Title: 41 'ItIR-1
Title: ,
Date:
w._.. . �..... Date: �'� :.. .....__...�. ., . v
Approved as to form and legal sufficiency:
12-8-2021 Monroe County Attorney's Office 10
Digitally signed Uy Cynthia L.Mall
DN:m=Cynthia L.Mall.a=Monroe
County BOCC,ou,email=hall-
cynthb@mo r----ty-Fl.g. —US
Date:2021.12.08 13:18:36-05'00'
2018 Idition
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
ContractorlVendor: CharlevToppino& Sons, Inc
Project or Service: Geiger Key Culvert ConnectionRevisions
Contractor/Vendor
Address& Phone 4: PO [lox 787, Key West, I'l, 33041
305-296-556106
General Scope of Work: Culvert Repairs between Can.al,P470 and L472
Reason for Waiver or No work to be done from watercraft for
N,lodification: _this prqject
Policies Waiver or
Modification will apply to: FQcleral Jones Act Coverage and Water(.'rafl Liability
Signature of`Contractor/Vcndor:
Date: (Z,/17/ k Approved X 'got. Approved
I ry
12-17-2021Risk Management Signature: 7
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Board ofTountv Commissioners appeal:
Approved: Not Approved:
Mecting Date:
Administrsiive Instruction '7500.7
104
DATE(MM/DDYYY)
A�" /YCERTIFICATE 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:380257781 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 Y Y DTC03202M181TIA21 5/19/2021 5/19/2022 EACH OCCURRENCE $2,000,000
� OCCUR DAMAGE TO RENTED
CLAIMS-MADE
APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence)
ccurrence $300,000
MED EXP(Any one person) $10,000
r-/- � PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: DATE' Jj2712 GENERAL AGGREGATE $4,000,000
X POLICY� PRO- LOC WAVER EV1A—.YES— PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY Y Y 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 LAB X OCCUR Y Y 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 Y 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.
Certificate holder,as Designated Organization,is an Additional Insured as respects Genera l(including Products-Completed Operations),Auto and Umbrella
Liability. General Liability is primary and non-contributory.Waiver of subrogation as respects General,Auto, Umbrella Liability and Workers Compensation in
favor of Additional Insured.All of the above is applicable when required by written contract subject to the terms,conditions and exclusions of the policy.
Monroe County Board of County Commissioners,its employees and officials,as Designated Organization, is an Additional Insured as respects General&Auto
Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds.All of the above is applicable when required by written contract
subject to the terms,conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St 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
- -AIA Document A312 TM - 2010
Bond No. 107443456
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Charley Toppino & Sons, Inc. of business)
US Highway 1, Mm 8.5, Travelers Casualty and Surety Company This document has Important legal
Rockland Key, Key West, FL 33040 of America consequences.Consultation with
One Tower Square an attorney Is encouraged with
OWNER: Hartford, CT 06183
(Name, legal status and address) respect to Its completion or
modification.
Monroe County Board of County Commissioners Any singular reference to
1100 Simonton St., Key West, FL 33040 Contractor,Surety,owner or
other party shelf be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: AIA Document A312-2010
combines two separate bonds,a
Performance Bond and a
Amount: $49,951.00 Payment Bond,into one form.
Description: This Is not a single combined
(Name and location) Performance and Payment Bond.
Culvert Connection Repairs between Canal#470 and #472
Geiger Key, Monroe County, FL
BOND Doc#2361461 Bk#3155 Pg#208
Date:November 2, 2021 ltce(irct(.�1 2,�15,2022 12:55 PM Page 1 of 9
(Not earlier than Consh•uction Contract Date)
Filed and Recorded in Official Records of
N1ONROE COUNTY lrEVL �AD0 CPA
Amount: $49,951.00
Modifications to this Bond: XNone ❑ See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Cori�-ate Seal)
Charley To Sons, Inc. Travelers Casualty and St�r4ityC7ompanyof ttericignatur Signature:
m
Name Name William L.Parker,Mt ey in Fact&FL Res Agent
and Title: l and Title:
(Any additional.signatures appear on the last page of this Performan e Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect,Engineer or other party:)
Wood Environment&Infrastructure Solutions,Inc.
InSource
9500 S. Dadeland Blvd,Suite 400
Miami,FL 33156
Init ';IA Document A312 —2—2010.The American Inslilule of Architects. OHIO
1
t
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the 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 Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among
the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not
request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice,
request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless
the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten
(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the
Surety agree,the Contractor shall be allowed a reasonable time to perform 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 Price in accordance with the terms of the
Construction Contract to the Surety 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 prejudicc.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surcty's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the
amount of damages 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 notify the Owner,citing the reasons for denial.
§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding 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 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
Intt. AiA Document A3121w—2010.The American Institute of Archltecls.
2
§7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract,and the responsibilities of the 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 Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§8 If the Surety elects to act under Section 5,1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Trice 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 than the Owner or its
heirs,executors,administrators, successors and assigns.
§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,tinder this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or 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 Contractor sha::be mailed or e!elivered to the address shown on the page
on which their signature appears.
§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 herefrorn and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so fiarnished,the intent is tha:(his Bond shall be construed as a statutory bond and
not as a common law bond.
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages 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 the 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,
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Init. AIA Document A31211"—2010.The American Institute of Architects.
3
§16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
(nit. AIA Document A3127w—2010.The American InsUfuie of ArchUecis.
4
1
6TM
:.aAR Document
Bond No. 107443456
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Nance, legal status and principal place
Charley Toppino&Sons,Inc. of business)
US Highway 1,Mm 8.5, Travelers Casualty and Surety Company
Rockland Key,Key West,FL 33040 of America This document has Important legal
One Tower Square consequences.Consultation with
Hartford,CT 06183 an attorney Is encouraged with
OWNER: respect to its completion or
(Name, legal status and address) modification.
Monroe County Board of County Commissioners Any singular reference to
1100 Simonton St.,Key West,FL 33040
Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
Date: AIA Document A312-2010
combines two separate bonds,a
Amount:$49,951.00 Performance Bond and a
Payment Bond,Into one form.
This Is not a single combined
Description: Performance and Payment Bond,
(Name and location)
Culvert Connection Repairs between Canal#470 and#472
Geiger Key,Monroe County,FL
BOND
Date: November 2,2021
(Not earlier than Coristruction Contract Date)
Amount:$49,951.00
Modifications to this Bond: ❑None XSee Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corpc�tyctte Seal)
Charley Toppino Son Travelers Casualty and Surety mp ny of America
Signah 100, Signature: f
Name Name William L.Parke ; orney in Fact
and`1itie: and Title:&FL Res Agent
(Any additional signatures appear on the last page of this Payment lioitrl)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
Wood Environment&Infrastructure Solutions,Inc.
InSource
9500 S. Dadeland Blvd,Suite 400
Miami, FL 33156
Init. AIA Document A312M—2610.The American Institute of Architects. aetrto
5
t
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the
Construction Contract,which is incorporated herein by reference,subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds
harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials
or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor
shall have no obligation under this Bond.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)
of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment 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 the 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, furnished or
supplied or for whom the labor was done or performed,within ninety(90)days after having last
performed labor or last famished materials or equipment included in the Claim;and
.2 have sent a Claim to the 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 furnish a written notice of non-payment under Section 5.1.1.
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take the following 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 are undisputed and the basis for challenging any amounts that are disputed;and
§7.2 Pay or arrange for payment of any undisputed amounts.
§73 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 indemnify 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 7.3,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 Construction 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 accepting this Bond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy 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.
InIt AIA Document MUM--2010.The American Institute of Architects.
6
I
§10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf
of,Claimants or otherwise have any obligations to Claimants under this Bond.
§11 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.
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone gar the last materials or
equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.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.
§13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be
sufficient compliance as of the date received.
§14 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 provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein,When so furnished,the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and
Owner shall promptly furnish a 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 the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
,3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was
furnished for use in the perfonmance of the Construction Contract;
,4 a brief description of the labor,materials or equipment furnished;
,5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Constriction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim,
,7 the total amount of previous payments received by the Claimant;and
6 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the Claim.
§16.2 Claimant.An individual or entity having a direct contract with The Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The tern
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to
include without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,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 he asserted in the jurisdiction where the labor,materials or equipment were
furnished.
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
Init, AIA Document AM —MO.The American Inslllule of Archhecls.
7
I
§16.4 Owner Default.Failure of the 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.
§16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§18 Modifications to this bond are as follows:
`d`his bona is given to cvttalaty avitda section 255:05
I°t tietn 3t td�tes,Hutt m y n�tion instituted by n€tziitrtanat under this brand for paylaaent must IV it]
tsccordance Mitts tlao notice and tinge e Iitnitat ota provis%otas in Section 255,05(2),Florida sultntes
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS RINCItI_ SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Charley Toppino& s,I Travelers Casualty and Surety Compa of merica
Signature: _ Signature:
Name and Title: Name and Title:William L.Parker,A rney in Fact 8,FL Res Agent
Address US H away 1,Mm 8.5, Address One Tower Square,t ttord,CT 06183
Rockland Key,Key West, FL 33040
lnit. AIA Document A312TM—2010,The Arnedcan Inslltute of Architects.
8
1
�... ....._.....��___�....�......_. - Travelers Ca tlty and Surety Company of America
Travelers Casualty and Surety Company
TRAVELERSJ St. Paul Fire and Marine Insurance Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.
Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the
"Companies"),and that the Companies do hereby make,constitute and appoint William L.Parker of MIAMI ,
Florida , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,
conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the
fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any
actions or proceedings allowed by law.
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.
t$ F 0
GfiiNPi n
s
State of Connecticut
B r.
Y�
City of Hartford ss. Robert.L.Raney,Senior 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, and that
he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by
himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2021 C `�
Marie C.Tetreault,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 Casualty and
Surety Company of America,Travelers Casualty and Surety 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 the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with
the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity,and other writings obligatory in the nature of a bond,
recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the
power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a)signed by the President,any Vice Chairman, any Executive Vice President, any Senior
Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed(under seal,if required)by one
or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority;and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President,any Assistant Vice President,any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of
Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing
such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety
Company, and St. Paul Fire and Marine 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 2 day of November 2021
SU"N
m
4SM
�m.
Kevin E.Hughes,Assistant Secretary
To verify the authenticity of this Power ofAttorney,please call us at 1-800-421-3880
Phase refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached,