06/15/2022 Agreement GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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DATE: July 13, 2022
TO: Breaume Erickson, Contract/Budget Adiiiiiiistrator
Project Management
Stan Thompson, Contract Adniiiiistrator
Project Management
FROM: Pamela G. Hancock, D.C.
SUBJECT: June 15'BOCC Meeting
Attached is a copy of the following item for your handling:
S6 Contract with Charley Toppiiio &Sons iii the amount of$550,000.00 for the
construction of the Reduced Scope East Martello Drainage Phase III Improvements Project to be
paid by Tourist Development Council Grant No. 2329.
Please proNride this office with a copy of the recorded bond once recorded into the Official
Record. Should you have any questions please feel free to contact me at(305) 292-3550.
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 305-852-7145 305-852-7145
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 15th Day of June 2022
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: REDUCED SCOPE EAST MARTELLO FORT MUSEUM
DRAINAGE IMPROVEMENTS PHASE III
Scope of the Work
The Scope of Work has been modified due to available funding and shall include, but not
be limited to, all work listed below and detailed in the Project Drawings and Specifications.
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.
1. The intent of the Drawings and Specifications is to describe the materials and methods
of construction required for the performance of the work. In general, it is intended that
the drawings shall delineate the detailed extent of the work. Drawings, Specifications,
and Contract documents are complimentary, and what is required by one shall be as
binding as if required by all.
2. The Scope of Work shall include, but not be limited to, all work shown and listed in the
Project Drawings and Specifications.
3. As per drawings, remove existing courtyard drainage system. Provide and install new
courtyard drainage system.
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4. Temporarily remove and replant trees as required.
5. Trace existing cistern drain pipe at citadel.
6. Remove existing pervious path in courtyard and provide and install new pervious
paving path in courtyard and existing south garden.
7. Grade and install new sod.
8. Alternates as listed may be selected at the desire of Monroe County,
9. Equipment access to the Courtyard via Sally port is limited by height and width.
10. Contractor to provide one 3-ring Binder with all original device specifications,
warranties, maintenance schedules, shop drawings, permits, repair and
maintenance contacts, and any other information necessary for the proper function
and maintenance of the Drainage system and contracted alternates and one (1)digital
copy in PDF format on a flash drive.
11. Dispose of all debris off site in a timely and legal manner.
All areas impacted by the construction must be returned to original condition. There
may be other construction projects under way at the Fort, as well as public functions at
the Fort and in the adjacent open event field. The Contractor shall coordinate with
Museum staff, other Contractors, and Monroe County to establish a staging location.
The jobsite is adjacent to the Key West Airport. If cranes or similar high equipment are
used that are higher than the Citadel, the Contractor shall be responsible for obtaining the
required clearances from the FAA. Clearances shall be obtained prior to work.
"THE EAST MARTELLO PROPERTY IS A SENSITIVE ARCHAELOGICAL AREA.
SIGNIFICANT EXCAVATION WILL BE REQUIRED FOR THIS WORK WITHIN THE
FORT. WHEN EXCAVATION TAKES PLACE ONSITE, CONTRACTOR MUST NOTIFY
MONROE COUNTY PROJECT MANAGER PRIOR TO DIGGING."
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
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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 One
Hundred Twenty (120) 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.
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
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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 Five Hundred Fifty Thousand and 00/100 Dollars
($550,000.00), 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: N/A
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.
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 City of Key West 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 Section 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 Section 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.
Page 12 of 19
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
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,
Page 13 of 19
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 Section 725.06, Florida
Statutes. 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.
Page 14 of 19
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
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 Topping, President
Charley Topping& Sons Inc.
129 Toppino Industrial Drive
Key_West� lodda 33040
For Owner: Director of Project Management Assistant CountV Administrator PW& E
1100 Simonton Street Room 2-216 1100 Simonton Street
Key West Florida 33040 Key West Florida 33040
Page 15 of 19
County Attorney
1111 12th Street Suite 408
Key West, Florida 33040
ARTICLE 8
Termination or Suspension
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
Page 16 of 19
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
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: Bender & Associates, Architects — East Martello Drainage and Sitework
Phase 3 Drawings 6 June 2022 Updated and East Martello Sitework Phase 3 100%
Specifications 25 Oct 2021.
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 Pages
1 1/24/2022 2
2 2/10/2022 1
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 17 of 19
tr �T W��by the Contractor must be by a person with authorityi n i .
" �, �° URE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest:-"" adok, Clerk OF MONROE COUNTY FLORIDA
7
Deputy Clerk Mayor/Chairman
t
Al`�'I^ ffi ...... MCWWOOE COUNTV^T-rCHNNEVS OFFICE
® �) As To FCMW
6 „.....
W►TS: q
CONTRACTOR'S Witnesses Attest: CO T : CHARLEY TOPPINO &
SONS,INCPO RATED
Contras providetwo witnesses
si ur s Signature:
SignBtu Print N a
Print e: Title:
Date: at
n
Si nature: ........................
Print e:
[late:
STATE OF... COUNTY OF
ui
n this day of 20,_rbefore me, the undersigned-snots pu��ic,
y-,.., means of ja physi I presence or 0 online, personally appeared "-
(n a o 0 ) to n whose name
i cri aov or u as i n ° cation, anacknovAedged
that is the personcut ve contract withMonroe for REDUCED
SCOPE EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III for the
purposes therein
...
Notary Public „w Pa
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__ Page 18 of 19
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 19 of 19
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
SECTION 00120
PROPOSALFORM
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description
1. Proposal Form
2. Bid and (Proposal Security)
3. Non-Collusion Affidavit
4. Lobbying and Conflict of Interest Clause
5. Drug-Free Workplace Form
6. Local Preference Form
7. Public Entity Crime Statement
8. Vendor Certification Regarding Scrutinized Companies List
9. Subcontractor Listing Form
10. Insurance Requirements and Policy and Procedures
11. Workers Compensation and Employers' Liability
12. General Liability
13. Vehicle Liability
14. Proposer's Insurance and Indemnification Statement
15. Insurance Agent's Statement
16. Contractor License:
A Current Copy to be submitted with Proposal.
Subcontractor Licenses to be Submitted Prior to
Award of Notice to Proceed.
INFORMATION REQUIRED TO BE PROVIDED
1. In order to determine if the persons or entity submitting proposals are responsible, all
Proposals for contracts to be awarded under this section must contain the following
information:
& A list of the entity's shareholders with five percent (5%) or more of the stock or, if
a general partnership, a list of the general partners; or, if a limited liability company,
a list of its members; if a solely owned proprietorship, names(s) of owner(s). A
AL FOR 00 120- Page 24 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
copy of documentation demonstrating that the entity is a legally viable entity shall
be attached. ATTACHED
B, A list of the officers and directors of the entity. ATTACHED
C', Relevant Experience: The number of years the person or entity has been operating
and, if different, the number of years it has been providing the service, goods, or
construction services called for in the proposal specifications (include a list of
similar projects). ATTACHED
D. The number of years the person or entity has operated under its present name and
any prior names. 17 YEARS; PREVIOUSLY "TOPPINO'S
INC" SINCE 1984
E, Answers to the following questions regarding claims and suits:
a. Has the person or entity ever failed to complete work or provide the goods
for which it has contracted? (if yes, provide details of the job, including
where the job was located and the name of the owner.)
r--1
YES L_J NO
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or its
officers, directors, or general partners(this specifically includes any present
or prior entities in which the person, principal, entity, officer, director or
general partner of the proposing entity has been involved as a person,
principal, entity, officer, director or general partner in the last five (5)
years)? (if yes, provide details, include enough information about the
judgment, claim, arbitration or suit so that the Owner will able to obtain a
copy of the judgment or claim or locate the suit by location and case
number.)
YES NO ox
C. Has the person, principal of the entity, entity, or its officers, major
shareholders or directors within the last five (5) years, been a party to any
lawsuits or arbitrations with regard to a contract for services, goods or
construction services similar to those requested in the specifications with
private or public entities? This specifically includes any present or prior
entities in which the person, principal, entity, officer, director or general
partner of the proposing entity has been involved as a person, principal,
entity, officer, director or general partner in the last five (5) years. (if yes,
provide details, include enough information about the judgment, claim,
arbitration or suit so that the Owner will able to obtain a copy of the
judgment or claim or locate the suit by location and case number.)
YES N 0
PROPOSAL FORM 00120-Page 25 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
d Has the person, principal of the entity, or its officers, owners, partners,
major shareholders or directors, ever initiated litigation against Monroe
County or been sued by Monroe County in connection with a contract to
provide services, goods or construction services?This specifically includes
any present or prior entities in which the person, principal, entity, officer,
director or general partner of the proposing entity has been involved as a
person, principal, entity, officer, director or general partner. (if yes, provide
details, include enough information about the judgment, claim, arbitration
or suit so that the Owner will able to obtain a copy of the judgment or claim
or locate the suit by location and case number.)
e. Whether, within the last five (5) years, the Owner, an officer, general
partner, controlling shareholder or major creditor of the person or entity was
an officer, general partner, controlling shareholder or major creditor of any
other entity that failed to perform services or furnish goods similar to those
sought in the request for bids. (if yes, provide details and information about
the failure to perform services or furnish goods that will enable the Owner
to thoroughly consider the matter.)
r1-1
YES LJ NO
f. Customer references (minimum of three), including name, current address
and current telephone number. Credit References (minimum of three),
including name, current address and current telephone number.
SEE ATTACHED
91 Financial statements for the prior three (3) years. ELegs rovide in a
�gparate ernad for the Co,n ractor's confidenliahty,_and cJeaE!y..1gtLeL_1hg
email as "CONFIDENTIAL".
("Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a bid for a road
or any other public works project is exempt from F.S. 11 . 7(1)and s.24(a),
Art. 1 of the State Constitution.") However, any financial information the
Contractor includes in the proposal packet, is is not marked as
"Confidential", may be disclosed in any public records request and will not
be treated as "Confidential." The County shall incur no liability for
inadvertent disclosure of financial records that are not properly marked.
SEE ATTACHED
PROPOSAL FORM 00 120-Page 26 of 222
EAST MARTELLO FORT MUSEUM DRAINAGEIMPROVEMENTS PHASE III
SECTION 01
PROPOSAL FORM
PROPOSAL TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
I 100 SIMONTONSTREET
ROOM - 1
KEY WEST, FLORIDA 3300
PROPOSAL FROM: Charle To ino & Sons, Inc
PO BOX 787 Kev West FL 33041
The undersigned, having carefully examined the Work and reference Drawings, Specifications,
Proposal, and Addenda thereto and other Contract Documents for the construction of:
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS
PHASE III
and having carefully examined the site where the Work is to be performed, having become familiar
with all local conditions including labor affecting the cost thereof, and having familiarized
himself/herself with material availability, Federal, State, and Local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman-like manner, in conformance with said Drawings, Specifications, and other Contract
Documents including Addenda issued thereto.
The undersigned further certifies that he/she has personally inspected the actual location of where
the Work is to be performed,together with the local sources of supply and that he/she understands
the conditions under which the Work is to be performed. The successful proposer shall assume
the risk of any and all costs and delays arising from the existence of any subsurface or other latent
physical condition which could be reasonably anticipated by reference to documentary information
provided and made available, and from inspection and examination of the site.
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control.
Six Hundred Seventy Three Thousand Fifty Four Dollars
(Total Base Proposal-words)
673,054.00 Dollars
(Total Base Proposal— numbers)
I acknowledge Alternates as follows:
PROPOSAL FORM 00120-Page 27 of 222
EAST MARTELLO FORT MUSEUM DRAINAGEIMPROVEMENTS PHASE III
Alternate#1 —Provide and install flowable grout as required to correct undermining of soil
under fort floor slabs at south side of courtyard. See Sheets A4 &A6.
Twenty One Thousand Four Hundred Fifty Dollars
(Alternate#1 -words)
21,450.00 Dollars
(Alternate#1 —numbers)
Alternate #2— Provide and install new drainage system t NW exterior corner of fort. See
Sheets -1 .
Thirty Seven Thousand Six Hundred Ninety Dollars
(Alternate#2 -words)
37,690.00 Dollars
(Alternate#2 — numbers)
Alternate#3—Provide and install all anchor chain fencing and concrete posts at main entry
to fort. See Sheet A7.
Twenty Five Thousand Eight Hundred Seventy Dollars
(Alternate#3 -words)
25,870.00 Dollars
(Alternate#3— numbers)
Alternate#4—Provide and install all electrical upgrades shown on electrical drawings. See
Sheets 0 — E3. This work includes, but is not limited to, repair of electrical conduit at
north side of courtyard and miscellaneous electrical repairs in courtyard. Note that the
courtyard lighting is in the base bid and is not included in this alternative.
Forty Two Thousand One Hundred Sixteen and Ten Cents Dollars
(Alternate 4-words)
2,116.10 Dollars
(Alternate#4 — numbers)
Alternate #5 — Provide and install new rubberized paving leading from South Roosevelt
Iv . and Faraldo Circle to pedestrian gates. See Sheet A3.
Fifteen Thousand Seven Hundred Thirteen Dollars
--------------
(Alternate 5-words)
15,713.00 NDollars
(Alternate#5— numbers)
PROPOSAL FORM 00120- Page 28 of 22
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
Alternate#6—Remove small section of modern landscape block retaining wall at the ramp
and replace with coral rock retaining wall. Match adjacent wall. See Sheets A4 &A6.
Five Thousand Two Hundred Dollars
(Alternate#6 -words)
5,200.00 Dollars
(Alternate#6— numbers)
Alternate #7 — Provide and install all new landscaping t south courtyard shown on
Landscape Sheet L1. Provide and install new coral slab bench at south courtyard garden.
See Sheet A4&A6. Provide and install ( ) new Christmas Palms at corners of Citadel. See
Sheet .
Fifty One Thousand Nine Hundred Fifty Five Dollars
(Alternate 7-words)
51,955.00 Dollars
(Alternate 7— numbers)
Alternate #8 — Clean out existing drainage piping leading from parking lot inlet to existing
north retention swale area. Remove silt socks at inlet grates at north retention area. See
Sheet .
Six Thousand Five Hundred Dollars
(Alternate#8 -words)
6,500.00 Dollars
(Alternate#8 - numbers)
I acknowledge receipt of Addenda No.(s)
No, 1 iDated 112 /22
No.2 Dated 2/10/22
No. Dated
No. Dated
PROPOSAL FORM 00120-Page 29 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE I
Proposer, states by his/her check mark in the blank beside the form and by his/her signature
thathe/she has provided the following requirements (located in Section 1 ):
1. Proposal For
2. Proposal Security (Bid on )
3. Non-Collusion Affidavit
. Lobbying and Conflict of Interest Clause
. Drug-Free Workplace For
. Local Preference Form and requirements (if applicable)
7. Public Entity Crime Statement
Ile
8. Vendor Certification Regarding Scrutinized Companies Lists
. Subcontractor List For
10. Pro poser's Insurance and Indemnification Statement
11. Insurance Agents Statement (signed agent)
12. Answered euire Questions
1 . Provided three ( ) Customer References and three ( ) Credit References
1 . Provided three ( ) years of Financial Statements in separate email marked
"CONFIDENTIAL"
15. Certified copy of Valid Florida Contractor's License
1 . Current Monroe County Occupational License
Business Charley Toino & Sons, Inc
Name: IJ :
Business 59-2426906
EI
Business ailing PO Box 7
Address: 12 Toino Industrial r Address: 137
City, Ke West, FL 1
State, Zip Key West, FL 3 City,State, ip y
Phone: ®296- 6 6 Local Phone: 305-296-5606
The physical business address must be regist d as its principal place of business with the Florida
Department of State for at least one(1)year p' r to the notice of request for bid or proposal,
d
Date: Signed;
Printed; /
Title:
PROPOSALFORM 001 -Page 30 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
Witness: /
BID (PROPOSAL) BOND
KNOW ALL MEN BY THESE PRESENTS, that we Charley Toppino&Sons, Inc.
S Highway 1, Mm 8.5,RocklandKey, Key West, FL 33040
(Here insert name and address or legal titleContractor)
as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
insert full name and address or legal title )
corporation duly organized under the laws of the State of CT as Surety, hereinafter called
the Surety, are held and firmly bound unto Monroe County Board of County Commissioners
00 Whitehead Street, Key West, L 33040
(Here insert full name and address or legal title )
p Percent as Obligee, hereinafter called the Obligee, i the sumPomit d Dollars
( -----5%------) for the payment of which sum well and truly to be made, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly y these presents.
East Martello Fort Museum Drainage Improvements Phase III
WHEREAS, the Principal has submitted bid for Key West, FL
(Hereinsert fulldescription
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the
Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Any action instituted by a claimant under this bond must be in accordance with the notice and time
limitations provisions in Section 55.0 ( ), Florida Statutes.
Charley Toppino&Sons, Inc.
( rin al) (Seal)
(" itnes ')
(Tile)
Travelers Casualty and Surety Company of America
"� (Surety) .,,(Seal)
(Title)William L PM er
Attorney in Fact& FL Res Agent
PROPOSAL FORM 00120- Page 31 of 222
..... .............
....
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Travelers Casualty and Surety Company of America
A010k Travelers Casualty and Surety Company
TRAVELERS i 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 MIA MI I
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.
Pot
�
OWN, I Ulm
A
State of Connecticut
By:
City of Hartford ss. Robert L.Raney, Sofilb -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
0 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-i n-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.
1, 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 18 day of February 2022
71�'Aqp
--Z V"Llo.
Qx ow
JOA
/Kevin E.TijsAs�i tent Secretary
To verify the authenticity of this Power of Attorney,plea so callusatl-800-421-3860.
Please referto the above-namedAttorney-in-Fact and the details of thebondto which the power is attached.
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
SECTION 00120
NON-COLLUSION AFFIDAVIT
Richard Toppino of the city_. Key West
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:
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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
1 Unless otherwise required by law, the prices is 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. Thl etatemens contained in this affidavit are true and correct, and made with full
kn dg of
said project,
(Signature of Proposer) (D e)
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of NJ physical presence or El online
notarization, on q,/2,7 A Z— (date)
(name of affiant). He/She is ersonally
known
or has produced (type of identification) as
identi 7
Woq Public Slots of Florida
W11001 P LAW110
My Comission HH 138227
E*�u W10025 NOTARY PUBLIC
(SEAL) My commission expires:
PROPO SAL FORM 00120-Page 32 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Charley Toppino & Sons, Inc it
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any
former County officer or employee 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 ployee".
(Signature)
Date:
STATE OF: FL
COUNTY OF: Monroe
Subscribed and sworn to (or affirmed) before me, by means of Xphysical presence or L1 online
notarization, on I IA 2 (date)
by _rjaU,
(name of affiant). He/She isStC§o
known to me or has produced (type of identification) as
ide
NOWY 1,b9c State of ftride
Michael P I-Sbfada
MY COMmIssion 1*1130227
Exp1ras W1 912025 NOTARY PALIC
(SEAL) My commission expires:
PROPO SAL FORM 00120-Page 33 of 222
EAST MARTELLO FORT MUSEUM DRA11NAGE IMPROVEMENTS PHASE III
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that..
CharIq To in® & Sons, Inc
(Name of Business)
1. 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 Is firm complies fully with the above
requirements.
Pr poser's Signature
Date
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to(or affirmed)before me, by means of IM physical presence or 11 online
notarization, on (date) by ... . .................(name of affiant).
He/She is p ally known to me or has produced (type of identification)
as identification.
NOINY Pt"ic
MICho,,j P Labrads
H 138227 NOTARY PUBLIC
4 My cvnm�5,6100 H 08227
(SEAL Expims ovi%2026 My commission expires:
PROPOSALFORM 00120-Page 34 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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/Responder Charley Toppino & Sons, Inc Date:
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? YES
(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 Drive, Rockland Key, FL 33040
Telephone Number: 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 Stat fir at l mas.ty (1)year prior to the notice of request for bids or proposals)
Tel. umber
Add� as
Print Name: Richard TopRino
Sigt aWre and Title of Authorized Signatory for
Bidder/Responder
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affir d') ore me before , b y means of IM physical presence or® online
notarizat'i 7, (date)
.71, o n ...........—
b, (name of affiant). He/She i§.Aersc II knewra to me
or has produced (type of identification) as identification.
Notary Public State of Florida
MW"P Labrada
My Commiss 9/2025 ion HH 138227 NOTA U-BLIC
E*kn W1
My commission expires:
PROPOSALFORM 00120-Page 35 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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 ors ices 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 Charley Toppino & Sons, Inc
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
thirty-six (3 months.
(Signature)
Date:
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to (or affirmed) before me, by means of 91"physical presence or 0 online
notarization, on -s"(
(date)
by (name of affiant). He/She isyernAly
known tg_Me or has produced (type of identification) as
identification.
do—
NOTARY PUBLIC
(SEAL) My commission expires:
Now P
owP W011c Slat
orya 'WaelPLamads
9 AR yCmm anion HH 130227
W2025
1
PROPOSALFORM 00120-Page 36 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS
Project Description(s): PHASE III
Respondent VendorName: Charley Toppino& Sons, Inc
Vendor FEI : 9-242606
Vendor's Authorized Representative Name and Title: Richard Toppino, President
Address: PC Box 787
City: Key West State: FL Zipp 33041
Phone Number 3 - 6-5606 Email Address: AToppino@charleytoppino.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
21 . 72 , Florida Statutes, or is engaged in a Boycott of Israel. Section 267.15, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing 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. 7 , Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Despondent, I hereby certify that the company identified
above in the Section entitled "Despondent VendorName" 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 287.135, 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 By: Richqfd Toppino who is authorized
to sign on behalf of the ove�0,erenced company,
Authorized Signature;,
Print Name; Dichar Toppino
Title: President
Note: The List are available at the following Department of Management Services Site:
jIttp L/ w m p tt e� J us inffrmati�;n/ bv �n _el?p c Yi r, B r q ft
ended discrirningtorm qon a, int vendor lists
PROPOSALFORM 00120-Page 37 of 222
EAST MARTELLO DRAINAGE IMPROVEMENTS PHASE III
SUBCONTRACTOR LISTING FORM
Division Subcontractor Contact Person Ph#w/area code Fax: Cell: Address
02900 Slue Native Albert Martinez 305-393-1325 305-489-6489 155 Toppino Industrial Dr, Key West, FL 33040
26 00 00 Nearshore Electric Jeffrey Kirk 305-294-3991 305-294-3043 5680 1 st Ave 5, Stock Island FL, 33040
03100 Sella Construction of Key West Tim Neely 305-2 2-9888 35 Diamond Drive, Key West, FL 3 040
PROPOSAL 0 1 0-Page 38 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE II
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA SECTION 00130
InsuranceGeneral it
ConstructioncSubcontractors
Prior to the commencement of work governed by this contract (including the pre-staging o
personnel and material), the Contractor shall obtain, at his/her own ese, 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 -Contractors engaged 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 ersonnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified eloDelays 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 performassessments
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 i this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delay 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 anypenalties and
failure to perform assessments shall be imposed s 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 andself-insured retentions that may be
contained in theContractor'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.
ContractorHowever, the vi t Management a validi is t
Insurance and'
c i i it i c lici
and policies ing County-owned property with ,
exclusions tic changes to the policy.
On any and all Builder's i cPolicies policies covering County-
property, the Commissioners ill be named as a named
insured, additionalinsured and loss payee.
The County, at its sole option, has the right to request a certified coy of any or all insurance
policies required this contract.
INSURANCE I 1 -Page 39 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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 is Management.
INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
® COMPENSATION
INSURANCE REQUIREMENTS
FOR
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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 41 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
The minimum limits acceptable shall bey
$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.
In addition, the period for is claims may be reported should extend fora minimum oftwelve
(12) months following the acceptance of or 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 42 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the or governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of or , 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)
If split 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.
INSURANCE REQUIREMENTS AND FORMS 00130- Page 43 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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
$1,000,000 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 is Not Required
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.
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 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 44 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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 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 Signature
INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 222
EAST MARTELLO FORT MUSEUM DRAINAGE IMPROVEMENTS PHASE III
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
Auto III Fj CU113,J6102212126 None/$10, 000 '. I'R
...........................................—-
------
GeneraL haabi, LD..y
Workc,rs Cornp W34K'D2636621,26G Noyl'(:�
Liability policies are x Occurrence .,.,.,.,—..Claims Made
Miirsli & Mcl,enrian
Insurance Agency Signature
End of Section 00120
INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 222
r .. ...
DATE(MMtoD p
_ �... ..... 5/14/2021 _
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATED ES 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 I SUR R(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
imp A-tA T: 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 CONNAME (liana Abbate
Marsh & McLennan Agency LLC PHONE FAX
9850 N.W.41 st Street P Na,9XQ: INC,Nor
Suite 100 Artl ce1lsnlalrotu�nrr'Id fl llorrl
Miami FL 33178
.... .-INSURER(S)AFFORDING COVERAGE NAIC t1
INSURER A:Travelers Indemnity Co of America 25666
INSURED CI IAldl.l Ol'I'Il INSURER B: Phoenix Insurance Company 25623
Charley Toppino&Sons Inc.
Monroe Concrete Products Inc. INSURER C:Travelers Property Casualty Co of Amer 36161
P.O BOX 787 INSURERD:Travelers Indemnity Company 25658
Key West FL 33041 INSURER E:
INSURER F
COVERAGES CERTIFICATENUMBER:1118367509 REVISIONNUMBER:
...�.�.............._. _........ .....�..................... .........._......
THIS IS TO CI:',IRTII Y THAT TI IL F101,ICIES 01 INSURANCE LISFED BELOW HAVE L1LI::N Ia,SI.dLD 10 11I11 INSIJIREID NAMED ABOVE FOIR THE I'CLICY PI:::,RIOD
INDICATED, NOTVWIFIISxTANDING ANY R1::::QIJIREMENI TERM OR CONDITION 01:: ANY CONTRACI OIR OTIIEIt I':OCI.JMI::NI WITIi Ftl::::S1::"ECI TO WHICH IIBS
CI::::IRTIIICATE MAY BE ISSUI-'D OR IMAM I::'EIRTAIN, TILE INSURANCE AI::FOIRDED BY TIIE POLIC. I::::S IDI::::SCIt11::3ED IIEI EIN tS SUBJECT TO ALL TI11:::: IEIRMS,
EXCI,...1151C'31N S AND CONDI I IONS OF SUCI l FIO7..101::::S.LIMITS SI IOWN MAY I-IAAE BEEN RII:DUCED 1:3Y FIAID CI AIMS,
LTR TYPE OF INSU NCE... ,INSD won, POLICY NUMBER ..... ..MM/DDIYYYY �y.yyV
INSR ADDL SuuriI POLICY EFF POL i
_..._.............,...._.. ...W_ .{,.�.�.._.........,t.�..I��IMIJt1,I,;Nd�'WY�'�m LIMITS
A X COMMERCIAL GENERAL LIABILITY DTC03202IM181TIA21 5119/2021 5/19/2022 EACH C:1CC;k!i::12i.:MCsI. _ i JI1,f.10Gb,.(k(YV7
I )YMA6II Lz- .Nrr.r1
(,' AIMS MADI X OCCUR "w dil a f a 0 VIrM"rr.1 $3-0_0 DDD
...,
V'klED EXP(Any,n c Ipe.rsolip $10,0D0
I''*I IRSONA1&ADV IPV,dlURY $2,000,000
GE IV t ACX3REG A-f F I..IIVI`I AI 11�HIl a1i l°I::Ia. '.. G:uI NI ItAI AG,;GRI G,AI FI!: $4,000,000
X I.:IOLIC;Y X d drSl• I.0C
JEC &eDIAGlC,I°8-a:4rl V'6411'Aa�4a $2,I.100,0W
..._..............-....�....�..........._.._.._. ,�,�,,,, ,,,�.., ,...... ............. ......... ..................................
IY ,AUTOMOBILE LIABILITY 810174284281126C 5/1912021 511912022 d1(DMIf111 df L1uVMQ1l I'"I1 VVtl1 $1 ODD DC➢CY
X ANY AU10 I ', 110O DI I....Y INJURY(Pair I $
.._... OWNED .._ FSu;I III 01JI I
H4IR C.3 G11VLV 4NklJ- dlCnl1oo X INJURY II ati 6rad,Ia9aai rip $
X X �yG7Nl.""Y C*w..,a¢i.rrYw rwP�VnkkPdN4Csl. _.. 1
. U �Gt1Yl d PCI t I,b
$
C: X UMBRELLA LIAB X G' �l•C CUI::a3J65C221212Ci 5/19/2021 5/19/2022 1-:::AS;1..1OC'C'L<lil�ClRI IVC:IE $10,0a0,l:HGNO.....
- v
EXCESS LIAB ' - -
CIII..AIIIMS MADL AC GRI GA I I: $10,000,000
IDIED , X r RE n_IVTION$.116a0&JE6 ,,�-w g ...I ........ �_..-.- $ .. .... ......-..�.
((BIERS COMPENSATION lJBd14�2a35G2126G d- -� ..
Pa/1912021 5119f2tY22 `X f,Irry�WTh i FR,
AND EI'dll'LOYEII�.S LIABIL.II Y'Y YIN
ANYI"IYOPRIF.:TORIPAR TN ER1ED(I:CI.I1 IVL p I .I IAr'llI AC;C:IIOYI IVI $1,00GD,1I047
C)I::I.ICLIE/MIIVEI'ILCY E7(G;LIJL51'I.Y' �, .II� NIA
I(Mandatory I NIIII I.O IIV,a IA. a,li: IAIMI°LCIMII !3. 1.000.OD0
If yes,describe under ...... ......... ......... ......... I,,
......IT C7F,rCI21RT16IT7N C71IT Gil^I_:Cv4'7 IONS laelcrw j � _. MI I i.,ll I IISI ASI'::: I'Ol ICY II....I I'VII I"$I.000A 000
,,,..�.�.�.�.., ..,.�.., ..�. .... .,..,.,.... ...-...... .........................�w >� . .,,�...,H,..,,,..� ..„.,.,.�..�
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.
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
@ 1988-2015 ACORD CORPORATION.
II rights reserved.
ACORD 25( 1 /03) The ACORD name and logo are registered marks of ACORD
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76/8/2022
E(MM/DD/YYYY)
ACTOR" CERTIFICATE OF LIABILITY INSURANCE
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: FLCertificates@MarshMMA.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:1258760138 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 DTC03202M181TIA22 5/19/2022 5/19/2023 EACH OCCURRENCE $2,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $300,000
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: $
D AUTOMOBILE LIABILITY Y 81004284482226G 5/19/2022 5/19/2023 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 Y CUP3J6572212226 5/19/2022 5/19/2023 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$1 n nnn $
B WORKERS COMPENSATION UB4K5263662226G 5/19/2022 5/19/2023 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? FN] 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.
Re: East Martello Fort Museum Drainage Improvements Phase III
Monroe County BOCC,as Designated Organization, is an Additional Insured as respects General Liability,Auto Liability,and Umbrella Liability 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
APPROVED BY RISK MANAGEMENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe CountyBY..� �. ;., � -µ
500 Whitehead St D 68�2022
Key West FL 33040 AUTHORIZED REPRESENTATIVE
WAVER NIA_YES®
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
I.OvAIA TMDocument 312 . 201
Bond No.107554088
Performance Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Name, legal status and principal place
Charley Toppino&Sons, Inc. of business)
129 Toppino Industrial Drive, Travelers Casualty and Surety Company This document has important legal
Key West, FL 33040 of America consequences.Consultation with
One Tower Square an attorney is encouraged with
OWNER: Hartford, CT 06183 respect to Its completion or
(Name, legal status and address) modification.
Monroe County Board of County Commissioners
500 Whitehead Street Any singular reference to
Key West, FL 33040 Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
AIA Document A312-2010
Date:June 15, 2022 combines two separate bonds,a
Amount: $550,000.00 Performance Bond and a
Payment Bond,into one form.
Description: This is not a single combined
(Nance and location) Performance and Payment Bond.
Reduced scope East Martello Fort Museum Drainage Improvements Phase III
BOND
Date: July 6, 2022
(Not earlier than Construction Contract Date) Recorded
Doc 7I1312022 2383582 B 318a 2:45 PM A 608
Page 1 of 9
Amount:$550,000.00 Filed and Recorded in Official Records of
Modifications to this Bond: Wone ❑ See Section lti IONROE COUNTY KEV1N, MADOK,CPA
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company, (Corporate Seal)
Charley Toppino & Scan$ inc-_, Travelers Casualty and Surety Company of America
Signature: 1.. _" Signature:
Name Name William L Parke e
and Title: and Title: Attorney in Fac & FL Res Agent
(4ny r.t c:•ar on the last page of this Performance Bond.)
(FOR INFORAMTION ONLY—Name,address and telephone) I
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party.)
9
InSource
9500 S.Dadeland Blvd,Suite 400
Miami, FL 33156
— .m............_ m........m
Init. AIA Document A312T°"—2010.The American Institute of Architects. oert to
1
1
§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 Contractox 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 terns 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 prejudice.
§5 When the Owner has 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 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.
AIA Document A312T1—2010.The Amencart t .it fA __M �_...w—
.._ ___ ........._._._. _.._
Init. nstitule of ArchRects.
2
l
§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 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 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,Iegal or equitable,under 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 shall be mailed or delivered 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 herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so famished,the intent is that this 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.
AIA Document A312 2010.The c'"' ArnericanlnsliluleofArchitecl �
Init. S'
3
i
§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
Init. AIAD ooument A312T66—2010.The American Instlfute of ArchRecfs. mm ww�— .. _. _......_................ _.
4
1
fa
` AIA Document 31 m - 0
Bond No.107554088
Payment Bond
CONTRACTOR: SURETY:
(Name, legal status and address) (Nance, legal status and principal place
Charley Toppino & Sons, Inc. of business)
129 Toppino Industrial Drive, Travelers Casualty and Surety Company This document has Important legal
Key West, FL 33040 of America
consequences.Consultation with
One Tower Square an attorney is encouraged with
OWNER: Hartford, CT 06183 respect to its completion or
(Name, legal status and address) modification.
Monroe County Board of County Commissioners Any singular reference to
500 Whitehead Street
Key West, FL 33040 Contractor,Surety,Owner or
other party shall be considered
CONSTRUCTION CONTRACT plural where applicable.
AIA Document A312-2010
Date;June 15, 2022 combines two separate bonds,a
Performance Bond and a
Amount:$550,000.00 Payment Bond,into one form.
This Is not a single combined
Description;(Name and location) Performance and Payment Bond,
Reduced scope East Martello Fort Museum Drainage Improvements Phase III
BOND
Date: July 6, 2022
(Not earlier than Construction Contract Date)
Amount:$550,000.00
Modifications to this Bond: I]None XSee Section 18
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Charley Toppino& Sorg nc. Travelers Casualty and Surety Company of America
Sii,nattare J,�;; `� .,r�, k Signature:
Name \ Name William L Pant
and Title: and Title: Attorney in Fac & FL Res Agent
(Any addltirrrtal,fl Ap;atnr.ci rxlr :tr on the lastpage of this Payment Bond.)
(FOR INFORMATION ONLY—Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE;
(Architect, Engineer or other party.)
InSource
9500 S. Dadeland Blvd,Suite 400
Miami,FL 33156
AIA �M Document A312 —2019.The_.�m..—.. _... _.,, �.. m _._..� _ ....__ _.....� .....�....__
IDIf. American Instilute of Architects. 061110
5
l
§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,indemnities 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.
§d 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 chain,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 Iabor was done or performed,within riinety(90)days after having last
perfonned labor or last furnished 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..
§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 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.
f
§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 Y
Bond,subject to the Owner's priority to use the funds for the completion of the work.
fhft. AIA Document A312" --2010.The American fnstftuteofArchllects. c
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§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 or 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 herefrorn 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 shalt 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 naive 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 performance 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 Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant;and
$ the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the
date of the CIaim.
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is located.The intent of this Bond shall he 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 be 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.
nt A312m_2010.The American "$mUlu18 of Archile-c
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§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.
'I'tris band is gives,w eeamgaiy with wetion 255,05
t�'ioricla ta'tartes,and ally a cticatt illsthuted by a
claitnatzt under this hond for patynarnt atrtrst die in
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mrtisitsats in setboll 55.t6(2),rltn'ida Statutes
(space is provided helow for additional signatures of added parties, other than those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: Como°ate Said;
Charley Toppino & t � ) Travelers Casualty and Surety Company" Arnefta
Sons, Inc. '
Si ature: Signature:
M
Name and Title: r, �a ars e and Title: William L Parker, toney in Fact&FL Fes Agent
Address 129 Toppino Industrial Drive, Address one Tower Square, Hattt'orca CT 06183
Key West, FL 33040
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Travelers Casualty and Surety ny Compa of America n A Travelers Casualty and Surety Company
TRAVELER , 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.
�llhrrrr tNrrwrr J;i%
C'7,h°9YA CONN. uv
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State of Connecticut
By: ." `.
City of Hartford ss. Robert L Raney,8Sehlor'Vice Pres8elent
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. � T
My Commission expires the 30th day of June,2021 ratty ' "
"rrt4 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 Suety
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 6 day of July , 2022
a 0.0 awe{
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�Y9AN' .1'Ppp. HMONN. , �^ �� '" •• Kevin E. Hughes,Asscretary
To verify the authenticity of this Power ofAttorney,please call us at 1-BOO-421- 880.
Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached.