Resolution 024-1983
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RESOLUTION NO. 024 -l983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COHMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A CONTRACT BY AND BETWEEN MONROE COUNTY,
FLORIDA, AND UPPER KEYS MARINE CONSTRUCTION, INC.
FOR THE RENOVATION AND UPGRADING OF DUCK KEY BRIDGE
NO.4, HONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COl1MISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to execute
a Contract by and between Honroe County, Florida, and Upper Keys
Marine Construction, Inc., a copy of same being attached hereto,
for the renovation and upgrading of Duck Key Bridge No, 4, Monroe
County, Florida.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held on
the 21st day of January, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
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jChairman _ .1/
By
(Seal)
nA'ptl U~ lr~U~Tt "I ~tnK
Attest: I\t\I. I jo.. .1.Uih"l \lLLIU
~~M.P~ D.l!-.
Clerk .
BY
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CONTRACT
THIS AGREEMENT, made and entered into this ~ day of December ,
19 8:l A.D., by and between Monroe County, Florida, party of the first part (hereinafter -" ~
sometimes called the '''Ownerll), and UPPER KEYS MARINE CONSTRUCTTON INC.
, party of the second part (hereinafter sometimes called the
"Con trac torll).
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE 1 SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the Drawings and
described in the Specification entitled:
RENOVATION AND UPGRADING
OF
DUCK KEY BRIDGE NO. 4:
MONROE COUNTY, FLORIDA
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as prepared by Post, Buckley, Schuh &. Jernigan, Inc., acting as, and in the Contract
Documents entitled the Owner's Engineer, and shall do everything required by this
Contract and the other Contract Documents.
ARTICLE 2 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the Contract,
in lawful money of the United States, and subject to addition and deductions as provided
in the Contract Documents, as follows:
Based upon the price shown in the Proposal heretofore submitted to the Owner by
the Contractor, a copy of said Proposal being a part of these Contract Documents, the
aggregate amount of this Contract is the sum of
Two Hnndred Twenty ThousRnd Tnrpp Hlmnrpn Th7pnry-ot'lE' Dollars ($ 2/0 J 171 00 ).
ARTICLE 3 COMMENCE:VIENT AND COMPLETION OF WORK
a. The Contractor shall commence work within 10 calendar days after
receipt of Notice to Proceed.
b. The Contractor shall prosecute the work with faithfulness and diligence
and shall complete the work for beneficial use not later than 240 calendar days after
receipt of Notice to Proceed.
ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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The Contractor hereby agrees that he has carefully examined the surface of the site
and has made sufficient test holes, or other subsurface investigations to fully satisfy
himself that such site is a correct and suitable one for this work and he assumes full
responsibility therefor. The provisions of this Contract shall control any inconsistent
IE-l
401-002.10(D)
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provisions contained in the specifications. All Drawings and Specifications have been read
and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. It is expressly agreed that under no circumstances,
conditions or situations shall this Contract be more strongly construed against the Owner
than against the Contractor and his Surety.
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Any ambiguity or uncertainty in the Drawings or Specifications shall be interpreted
and construed by the Owner's Engineer and his decision shall be final and binding upon all
parties.
(-....
It is distinctly understood and agreed that the passing, approval and/or acceptance
of any part of the work or material by the Owner, his Engineer, or by any agent or
representative as in compliance with the terms of. this Contract and/or of the Drawings,
and Specifications covering said work, shall not operate as a waiver by the Owner of strict
compliance with the terms of this Contract, and/or the Drawings and Specifications
covering said work; and the Owner may require the Contractor and/or his surety to repair,
replace, restore and/or make to comply strictly and in all things with this Contract and
the Drawings and Specifications any and all of said work and/or materials which within a
period of one year from and after the date of the passing, approval, and/or acceptance of
any such work or material, are found to be defective or to fail in any way to comply with
this Contract or with the Drawings and Specifications. This provision shall not apply to
materials or equipment normally expected to deteriorate or wear out and become subject
to normal repair and replacement before their condition is discovered. The Contractor
shall not be required to do normal maintenance work under the guarantee provisions.
Failure on the part of the Contractor and/or his Surety, immediately after Notice to
either, to repair or replace any such defective materials and workmanship shall entitle the
Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such
replacement and/or repair from the Contractor and/or his surety, who shall in any event
be jointly and severally liable to the Owner for all damage, loss and expense caused to the
Owner by reason of the Contractor's breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the Drawings and Specifications.
ARTICLE 5 LIQUIDATED DAMAGES
a. It is mutually agreed that time is of the essence of this Contract and
should the Contractor fail to complete the work within the specified time, or any
authorized extension thereof, there shall be deducted from the compensation otherwise to
be paid to the Contractor, and the Owner will retain the amount of Two Hundred Dollars
($200.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day
elapsing beyond the specified time for completion or any authorized extension thereof,
which sum shall represent the actual damages which the Owner will have sustained by
failure of the Contractor to complete the work within the specified time; it being further
agreed that said sum is not a penalty, but is the stipulated amount of damages sustained
by the Owner in the event of such default by the Contractor.
b. For the purposes of this Article, the day of final acceptance of the work
shall be considered a day of delay, and the scheduled day of completiol'l of the work shall
be considered a day scheduled for production.
ARTICLE 6 PARTIAL AND FINAL PAYMENTS
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In accordance with the provisions fully set forth in the General Conditions, and
subject to additions and deductions as provided, the Owner shall pay the Contractor as
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401-002.10(0)
{--- follows:
a. Within 30 days after receipt of the Contractor's request for partial
payment by the Owner, the Owner shall make partial payments to the Contractor, on the
basis of the estimate of work as approved by the Owner's Engineer, for work performed
during the preceding calendar month, less ten percent (10%) of the amount of such
estimate which is to be retained by the Owner until all work has been performed strictly
in accordance with this Agreement and until such work has been accepted by the Owner.
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b. Upon submission by the Contractor of evidence satisfactory to the
Owner that all payrolls, material bills and other costs incurred by the Contractor in
connection with the construction of the work have been paid in full, and also, after all
guarantees that may be required in the specifications have been furnished and are found
acceptable by the Owner, final payment on account of this Agreement shall be made
within sixty (60) days after completion by the Contractor of all work covered by this
Agreement and acceptance of such work by the Owner.
ARTICLE 7 ADDITIONAL BOND
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It is further mutually agreed between the parties hereto that if, at any time after
the execution of this Agreement and the Contract Bond hereto attached for its faithful
performance, the Owner shall deem the surety or sureties upon such bond to be
unsatisfactory, or if, for any reason, such b,ond ceases to be adequate to cover the
performance of the Work, the Contractor shall, at his expense, and within three days after
the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such
form and amount, and with such sureties as shall be satisfactory to the Owner. In such
event, no further payment to the Contractor shall be deemed due under this Agreement
until such ne'.'l or additional security for the faithful performance of the work shall be
furnished in manner and form satisfactory to the Owner.
ARTICLE 8 CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and attached
hereto, are as fully a part of this Contract as if herein repeated. An enumeration of the
Drawings accompanying these Contract Documents follows:
Sheet No.
Title
Cover Sheet
1 Topographic Survey of Existing Bridge
2 Plan and Details
3 Elevation
4 Structural Plan and Details
5 Plan and Elevations
6 Details
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401-002.10(D)
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written in ~ (3) counterparts, each of which shall, without proof
or accounting for the other counterparts, be deemed an original Contract. *
Approved as to correctness of form:
Board of County Commissioners
Monroe County, Florida
Party 0 the First Part
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.d.
Attorney for Monroe County, Florid
Attest:
(Seal)
Clerk of the Board of
County Commissioners
Signed, Sealed and Witnessed in the
presence of:** .
UPPER KEYS MARINE CONSTRlJcrICN,
partYO~Ond Part _
By: ~
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Ronald C. Gillman
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President
Title
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Attest: :).
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arnest A. Tillman
Secretary
(*) In the event that the Contractor is a Corporation, there shall be attached to '8ach
counterpart a certified copy of a resolution of the Board of Directors of the
Corporation, authorizing the officer who signs the Contract to do so in its behalf.
(**) Two witnesses are required when Contractor is sole ownership or p8:rtnership.
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401-002.10(D)
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CERTIFICATE
(Sample)
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ST ATE OF FLORIDA )
ss
COUNTY OF )
1 HEREBY CERTIFY that a meeting of the Board of Directors of Upper KeyS
Marine Construction, Inc.
, a corporation under the laws of the State of
Florida, held on December 15, 1\:82, the fo~lowing resolution was duly passed and
adopted:
"RESOLVED, that Ronald C. Gillman as
President of the corporation, be and he is hereby
authorized to execute the Contract dated December 15 , 19!t:l
between MONROE COUNTY, FLORIDA, and this corporation, and
that his execution thereof, atteste.d by the Secretary of the
corporation and with corporate seal affixed, shall be the official
act and deed of this corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this ~ day of December
, 19_El2
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Secretary , f
* * * * * *
- END CONTRACT -
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401-002.10(0)
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PERFORMANCE BOND
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ST ATE OF FLORIDA ) S5
COUNTY OF )
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KNOW ALL 'MEN BY THESE PRESENTS that
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as Principal, hereinafter caned Contractor, and
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as
Surety,
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". hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as
Obligee,
hereinafter
called
Owner,
in
the
amount
of
II:
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,
Dollars ($
)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEaEAS, Contractor has by written agreement dated
19_, entered into a Contract with Owner for:
RENOVATION AND UPGRADING
OF
DUCK KEY BRIDGE NO.4
MONROE COUNTY, FLORIDA
"
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in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &:
Jernigan, Inc., which Contract is by reference made a part hereof and is hen "nafter
referred to as the Contract.
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NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall in all respects promptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall indemnify
the Owner, and the Consulting Engineer and save either or all of them harmless against
and from all costs, expenses and damages arising from the performance of said Contract
or the repair of any work thereunder, then this obligation shall be void; otherwise, this
Bond shall remain in full force and effect, in accordance with the following terms and
conditions:
.,
1. The Principal and Surety jointly and severally agree to pay the Owner any
difference between the sum to which the said Principal would be entitled on the
completion of the Contract, and that sum which the Owner may be obliged to pay for the
completion of said work by Contract or otherwise, and any damages, direct or indirect or
consequential, which the said Owner may sustain on account of such work, or on account
of the failure of said Contractor to properly and in all things, keep and execute all of the
provisions of said Contract.
2. And this Bond shall remain in full force and effect for a period of one (1) year
from the date of acceptance of the project by the Owner and shall provide that the
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Contractor guarantees to repair or replace for said period of one (1) year all work
performed and materials and equipment furnished that were not performed or furnished
according to the terms of the Contract, and shall make good, defects thereof which have
become apparent before the expiration of said period of one (1) year. If any part of the
project, in the judgment of the Owner, for the reasons above stated needs to be replaced,
repaired or made good during that time, the Owner shall so notify the Contractor in
writing. If the Contractor refuses or neglects to do such work within five (5) days from
the date of service of such Notice, the Owner shall have the work done by others and the
cost thereof shall be paid by the Contractor or his Surety.
3. And the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the
work to be performed thereunder or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive Notice of any change,
extension of time, alteration or addition to the terms of the Contract or to the work or to
the Specifications.
4. The surety represents and warrants to the Owner that they have a Best's Key
Rating Guide General Policyholder's Rating of " II and Financial Category of
"Class "
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IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this 15 day of December 19 8~ A.D., the name and corporate
seal of each corporate patty being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, SecretarY Only will attest and affix seal).
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PRINCIPAL:
. UP~ Marine const~tio". ~I!:l.c.
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Signature of Authorized Officer (Se'a1
WITNESSES:
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'President
Title
P.O. Box 18 A
Business Address
Key Largo, FL 33037
City State
SURETY:
WITNESS:
Corporate Surety
(Affix
(Seal
Attorney-in-Fact
Business Address
City State
Name of Local Insurance Agency
...........,c...~_............,......' .'";'-'''
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, Earnest A. Tillman, Jr, certify that I am the Secretary of the Corporation
. named as Principal in the within bond; that Ronald C. Gillman who signed the said
bond on behalf of the Principal, was'then President
of said Corporation; ~hat I
know his signature, and his signature hereto is genuine; and that said bond was duly signed,
sealed, and attested for and in behalf of said Corporation by authority of its governing
body.
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Secretary Seal , '
STATE OF FLORIDA)
COUNTY OF )ss
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Rona ld C. Gillman to me well known, who being by me first duly sworn
upon
oa th,
says
that
he
is
the
Attorney-in-Fact,
for
the
Upper Keys Marine Construction, Inc.
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and that he has been authorized by Upper Keys Marine Construction. Incto.
execute the foregoing bond on behalf of the Contractor named therein ~n favor of Monroe
County, Florida.
Subs<:,ribed and sworn to before me this .-J2. day of
December , 19.al. A.D.
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(Attach Power of Attorney to
Original Bid Bond and Financial
Statement from Surety Company)
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My Commission EXDires: -
~lor^RY PIJ811C STAlt U/- FLORIDA ATi LARGE_
. . . . . . MY COMMISSION EXPIRES OCT i 20 1984
BONDEP JHRU !3~NERA~ IN~ ~UNRE&W&UE~
- END OF PERFORMANCE BOND -
IF-4
401-002.100
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PAYMENT BOND
STATE OF FLORIDA) s
COUNTY OF ) s
KNOW ALL MEN BY THESE PRESENTS that
as Principal, hereinafter called Contractor, and
as Surety,
hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as
Obligee,
hereinafter
called
Owner,
in
the
amount
of
Dollars ($
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated
19_, entered into a Contract with Owner for:
RENOVATION AND UPGRADING
OF
DUCK KEY BRIDGE NO.4
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelow defined,
then this obligation shall be void; otherwise, this Bond shall remain in full force and
effect, subject to the following terms and conditions:
1. A claimant is defined as any person supplying the Principal with labor,
material and supplies, used directly or indirectly by the said Principal of any
subcontractor in the prosecution of the work provided for in said Contract, and is further
defined in Ch~pter 255.05(1) of the Florida Statutes.
2. The above named Principal.and Surety hereby jointly and severally agree with
the Owner that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after performance of the labor or after complete
delivery of materials and supplies by such claimant, may sue on this Bond for the use of
such claimant, prosecute the suit to final judgment for such sum or sums as may be justly
due claimant, and have execution thereon. The Owner shall not be liable for the payment
of any costs or expenses of any such suit.
IF-5
401-002.100
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3. No suit or action shall be commenced hereunder by any claimant:
Unless claimant, other than one having a direct contract with the
Principal, shall within forty-five (45) days after beginning to -furnish
labor, materials or supplies for the prosecution of the work, furnish the
Principal with a notice that he intends to look to this bond for
protection.
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Unless claimant, other than one having a direct contract with the
Principal, shall within ninety (90) days after such claimant's performance
of the labor or complete delivery of materials and supplies, deliver to
the Principal written notice of the performance of such labor or delivery
of such material and supplies and the nonpayment therefor.
After the expiration of one (1) year from the performance of the labor or
completion of delivery of the materials And supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by
any law controlling the construction hereof such limitations shall be
deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
c.
d.
Other than in a state court of competent jurisdiction in and for the
county or o,ther- political subdivision of the state in which the proj3ct, or
any part thereof, is situated, or in the United States District Court for
the district in which the project, or any part thereof, is situated, and not
elsewhere.
4. The Principal and the Surety jointly and severally, shall repay the Owner any
sum which the Owner may be compelled to pay because of any lien for labor or materials
furnished for any work included in or provided by said Contract.
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5. The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration of or addition to the terms of the Contract or to the work to
be performed thereunder or the Specifications applicable thereto shall in any wise affect
its obligations on this Bond, and the Surety hereby waives notice of any such change,
extension of time, alterations of or addition to the terms of the Contract, or to the work
or to the Specifications.
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6. The Surety represents and warrants to the Owner that they have c Best's Key
Rating Guide General Policyholder's rating of " " and Financial
Category of "Class ".
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401-002.100
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IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this ~ day of December 1982, A.D., the name and corporate
seal of each corporate party being hereto affixed and these presents duly signed by its
undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix s~al).
PRINCIPAL:
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M~rine ~onstruction, Inc.___
------ .
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President
Title
P.O. Box 18 A
Business Address
Key Largo, FL 33037
City State
SURETY:
WITNESS:
Corporate Surety
Attorney-in-Fact
(Affix
(Seal
Business Address
City
State
Name of Local Insurance Agency
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CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
Earnest A. Tillman
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that Ronald C. Gillman who signed the said
bond on behalf of the Principal, was .then
Pres ident of said Corporation; that I
know his signature, and his signature hereto is genuine; and that said bond was duly signed,
sealed, and attested for and in behalf of said Corpo~ation by authority of its governing
body.
"'I c5ft It{ 11}! L
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Secretary I Seal
ST ATE OF FLORIDA)
COUNTY OF }ss
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared Ronald C. Gillman
to me well known, who being by me first duly
sworn
upon
oa th,
says
that
he
is
the
Attorney-in-Fact,
for
the
Upper Keys Marine Construction, Inc.
and that he has been authorized by Upper Keys Marine Construction, Inc.to
execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe
County, Florida.
Subscribed and sworn to before me this !1- day of December
, 1932, A.D.
{Attach Power of Attorney to
Original Bid Bond}
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N ary Public
'State of Flori -at-Large
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My Commission Expires:
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MY COMMISSION EXPIRES OCT; 201984
_ END PAYMENT BONd2NDED IHRU Q.ENERAL iNS; UNDERW&IIER~
NAME
AND.ADDRf~S QUG&NcROSE INSURANCE AGENCY
SIMON~
2901 BRIDGEPORT AVE.
COCONUT GROVE, FL 33133
COMPANY
LE TTER
COMPANIES AFFORDING COVERAGES
KENT INSURANCE CO.
A
B
C
D
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PROTECTIVE NATIONAL INS. CO.
COMPANY
LETTER
NAME AND ADDRESS OF INSURED
UPPER KEYS MARINE CONSTRUCTION,
P.O. BOX 18MA
KEY LARGO, FL 33037
INC.
COMPANY
LETTER
MISSION INS. CO.
COMPANY
. LETTER
COMPANY
LETTER
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This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, 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.
COMPANY POLICY limits of liability in Thousan s
lETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE ....-...
OCCURRENCE
GENERAL LIABILITY s s
BODILY INJURY
o COMPREHENSIVE FORM
rnREMISES-oPERATIONS PROPERTY DAMAGE S S
A []XXPLOSION AND COLLAPSE 9/11/83
HAZARD KGC 5-9-95724
~NDERGROUND HAZARD
[)fRODUCTSICOMPLETED 1,000
OPERATIONS HAZARD BODIL Y INJURY AND
~ONTRACTUAL INSURANCE PROPERTY DAMAGE S S
o BROAD FORM PROPERTY COMBINED
DAMAGE
o INDEPENDENT CONTRACTORS
o PERSONAL INJURY PERSONAL INJURY S
AUTOMOBILE LIABILITY BODILY INJURY S
~OMPREHENSIVE FORM (EACH PERSON)
BODILY INJURY S
B ~WNED PA 94 06 81 1/19/83 (EACH ACCIDENT)
~IRED PROPERTY DAMAGE S
~ON.oWNED BODll Y INJURY AND
PROPERTY DAMAGE S
COMBINED
EXCESS LIABILITY
9/11/83 BODll Y INJURY AND
C ~MBRELLA FORM MN 018169 PROPERTY DAMAGE S
o OTHER THAN UMBRELLA COMBINED
FORM
WORKERS' COMPENSATION
A and WC9-9 10185 6/1/83
EMPLOYERS' LIABILITY (EACH ACCIDENT I
OTHER
if
9/7/82
DESCRIPTION OF OPERATlONSIlOCATlONSNEHICLES Add' 1 Insured with respects Contractual Liability:
Monroe County, Florida and Post, Buckley, Schuh and Jernigan, Inc.
Cancellation or Material change will be subject to 30 days notice to add'l insured's.
Reference: RENOVATION AND UPGRADING OF CK KEY BRIDGE NO. 4 MONROE COUNTY FLORIDA
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
Monroe County, Florida, as "owner" AND
Post, Buckley, Schuh and Jernigan, Inc.,
as "owner's engineer"
DATE ISSUED:
',CORI) 2!i (1,79)
, .
Bond N
:-Jo. 8130226
PERFORMANCE & PAYHENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That)
UPPER KEYS MARINE CONSTRUCTION, INC.
as Principal) hereinafter
INSURANCE COMPANY
the laws of the State of
office in CINCINNATI
the Surety, are held and firmly bound
OF MONROE COUNTY) FLORIDA
as Obligee, hereinafter called the
TWO HUNDRED TWENTY THOUSAND THREE
called the Principal, and AMERICAN DRUGGISTS'
B corporation organized and existing under
OHIO with its principal
, as Surety, hereinafter called
unto BOARD OF COUNTY COMMISSIONERS
Obligee) in the just and full sum of
HUNDRED TWENTY ONE AND NOjlOO------
Do lIars, ($220,321. 00 ) ,
to the payment of which sum, well and truly to be made, the said Principal
and Surety bind themselves, their respective heirs, administrators,
executors, successors and assigns, jointly and severally, firmly by these
presents.
Whereas, toe Principal has entered into a certain written contract
with the Obligee, dated the 7th day of January 1983 for
Renovation & Upgrading of Duck Key Bridge #4
Now, Therefore, the condition of this obligation is such that, if the
PLincipcl shall faithfully perform all of the obligations of the Principal
u:1oe:: l.:.!,e contract, and shall fully indemnify and save harmless the Obligee
:::rom .sll cost .::nd damage which the Ohligee may suffer by reason of the
f.::ilure to the Principal so to do and shall fully reimburse and repay the
Obligee all reasonable outlays and expense which the Obligee may incur by
re~son of such failure; and shall pay all persons who have contracts
d~::ectly with the Principal for labor or materials in the performance of
this contract, subject to the Obligee's priority, then this obligation
shall be null and void, otherwise it shall remain in full force and effect.
The foregoing obligation, however, is limited by the following express
conditions, the performance of each of which shall be a condition precedent
to any right of claim or recovery hereunder.
1. In the event of any default on the part of the Principal, a
written statement of the particular facts showing the date and
nature of such default shall pe given by the Obligee to the Surety
E.S prompt ly as poss ible after such default has become known to '
the Obligee, and shall be forwarded by registered mail to the.
Surety as its Home Office. ~.'_:
2. If the Principal shall fail to comply with the prov~s~ons of ~he
contract to such an extent that the contract shall be forfeited,
the Surety will have the right and opportunity to assume the
remainder of the contract and at its option to perform or sublet
the some.
3. No action, suit or proceeding sh.::ll be had or m~intained against
the Surety on this instrument unless the some be brought or
,
.~.__."~~------~
..----...--- ___~~n.____.___..__
--., --....- -'+-_._-_.._-._-~----_.._._-------..,-
"
instituted and pr9cess served upon the Surety within twelve (12)
months after completion of the work specified in said contract,
whether such work be completed by the Principal, Surety or
Obligee; but if there is any maintenance or guarantee period
provided in the contract for which said Surety is liabile, and
action for maintenance may be brought within three (3) months
from the expiration of the maintenance period, but not afterwards.
Signed and sealed this
Seventh
day of
January
A.D. 1983
U~NSTRU,CTION.r;lN~. ,
lSea,l)
t/'
TITLE
AMERICAN DRUGGISTS' INSURANCE CD. (Seal)
. /';:,-,_ SURETY __I
:"/,./ ../' /J", . _ ~:_',.
./'/ / -' / ---- /'
~," " // // ,- /.--,- '-><
D. W. MATSON, III,
ATTORNEY-IN-FACT
,
Florida Resident Agent, D.W. Matson, Jr.
~:-
POWER OF ATTORNFY
1'()\!,'ll,t'lIMllll':'
/\i.',ERICAN DRUGGISTS' INSURANCE C()i,~P/\rN
Gr-'
~ 1'1
j \-
(' i ') () l) ') {'
,~ .J _ _ \1
..,~-,. .1 ~ -. 4', Clf\( l'l~()tl (~rll(' 4~)7t. ~
KNOW ALL :--11\: BY TIIESl PKESLNTS TilE AMERICA;..J DI,U(,I;ISIS' 1:"SUIU\;..JCE C()~ll'^:\l, ~ cor[1or~tl(Jn duly uI~;:ni/cd
under tile laws of the State of Ohio, and having its genera! otflce III the city of Cincinnati, State of Ohl(J. has IIIade, constituted ~nt!
a[1[1ointed, and does by tlH:se presents, make, constitu,te and appoint
D. W. Matson, Jr. or D. W. Matson, III
Coral Gables, Florida
cd
its true and l:iwful ,\!tornc'y-in.I'a,'t with ful] power alld ;Juthority Ill'It'hy Lunkrrl tIto "i~~1I ::lId dl'lin'r ill it'- L,h~ilf ~:s Surdv, ;my ;lJ),1
all kinds ofSllfety Honds, except as ]jJl1jtc,J hereon, and 10 bill': '] II! !\\1; !:II .\', J)!~U(;(;JSTS'I~';Sl'JI.,,"'\(,F (,O'.II'.\'';Y thefehv :,s
fullv :llld to the S:~:I1l' l'\knt J', if such instruments WeTl' sil;nd [,\ t!ll' dlli\' J:lt!;c'ri/d office:, oj Tl:I ,\\ri.IUCA:\ ])I{l:(;(;!":r;'
CO~,ll':\:\'1 ~;nd ;,1] thc' ach of s::ld :\t1ornl'\'.in-l'a(( ptIJ~I1J:lt I',' t)" :d1ib':;IIY i:ne').y t'l\en, are Itl'rc'h r:ltiill'd ;,1)[\ conflrme"
prrwide,j th;Jt tltc' }i;'hility of tbe (OIllP:Jn\' as surety on a11\ SUl!1 tH'lle! ,""c', utc',] \1:;,;':[ tltjs ;:',ltllUritv ~,ltJJI'IiI',l cXlel.!
Yive Hundred Thous3ud Dollars
TIllS POWER VOID IF ALTERED 01: E:-:,'.::EO O!-: IF I'OI"TR IS 1'0T IN BLUE r:::,
(This power docs not autltori/e tltc' e),ecution (,] bCJ1IG' Iur }otln, financial or btlnk f:ua,ulill:eS, \
Th,: tlcl,nowlc'Jiccl,lcnt and execution of any such document L''i ~,;:i,l /, llOnll,y-in.F~lct sh;:ll be :JS binding llpon the ( ompa;lY :IS jf such
bond hau ht;rn eXl'cuted and acknowledged by the regularly e;lected oIliccrs of tilis ('"mpany,
The sigIlature of tht; President or a Vice President and the seal of tile Comp:I1lY may he affixed by fac,:imik nn any power of Jtte,rney
granted. and the signature of the Secretary and the seal of thl' Company Illay be affixed by f:Icsimilc to ~ny certificate of any such
rower and any such [10Wl'T or certificate bearing SUC!l besimi1c si,'n~JlIln' and seal sl1all be valid and binding on the Comp:Jl1Y. Any
such power so executed and sealed and certified by certifJCale su cxecuTl'd and sl'Jled shall. with respect to ~ny bond or undertaking to
which it lS attached. continue to be valid and binding on the l'ompan)'"
TIlE AMFRICA~ DRUGGISTS' INSURANCE CO\IPANY further certifies tltat the following is a true and exact copy of a resolution
of the Board of Directors of THE AMFRICA:\ DRU(;CISTS' j;';SU1{Al\CF CO\lP^~Y, duly adopted ~nJ now in force, to wit: All
Bonds of the corporation shall be executed in the corpor3te nJme of the COIllpany hy the President. any Vice President, or hy such
other officers as the Board of Directors may authorize, The President. any Vice President. or any Secretary may appoint Attorneys-in-
Fact or a~ents who shall have authority to issue bonds in the name of the Company.
All atH~ority hereby conferred shall expire and terminate. without notice, unless used before midnight of
~'.J
, but until such time shall be irrevocable and in full force anJ effect.
Ji..ily 1
19
IN WITNESS WHEREOF, the said TilE AMERICAN DRUGGISTS' INSURANCE CO:-'lPANY, bs caused these presents to be
September 6 82
executed by its officer, with its corporate seal affiXl'd. tllis date of , 19
!i,~~':~o:: {~~'\
\~\;~;~:,::}~)
THE AMERICAN DRUGGISTS' INSURANCE CmiPAJ"lY
~~~
1/ {/ President
BY
ST A TE OF OHIO
COUNTY OF HAMILTON
September 6
SS:
1?;~".~~
~ l
f- ;J~,. L-
~ .or./I."...." ~-~
l " .' ''..<-j ~ .'-
Notary Public
I. Duane R, DuBois , Secretary of filE A,\lI RICAI' DRUGGISTS' INSURANCE CO:-'lPANY,
do hereby certify that the above and foregoing is a true and correct copy of a Power of A !tomey executed by said TilE AMERICAN
DRUGGISTS' INSURANCE COMPANY, which is still in full force and effect. IN WITNESS W:-1EREOF,
I have hereunto set my hand and affixed the seal of said COl1lp~ny this SevenJ;y, day of January ,19~.
!/X;~:o:: :~~\
~ ~:~ 1 ( .1 I :J.: ;
\,~:,~:~/~~.'\;-~~
~!? ~~
Secretary
If you have any questions concerning thi\ power call 513-530-S I OJ for \erification,
ER OF ATTORNEY
POWER Nl1MBFR
l\i:.ERICAN DRUGGISTS' INSURANCE COf,iPN,!y
G~
-:r
N~ S 1 3 0 2 2 f}
. '.~~ "(""'OJ ~17~5 CIf'Cl'lnot! 0"10 4~2A~
KNOW ALL :-'lIN BY THESl PRESENTS THE AMERICAN DRU(;(;JSTS' INSURt\NCE CO:"1I'A'\). a corporat](iIJ duly Ol!,;mi/Ld
under the laws of the State of Ohio, and having its general office in the city of Cincinnati. State of (llllo. has made. constituted aId
appointed. and docs by these pn:sents, make, constitute and appoint
D. W. Matson, Jr. or D. W. Matson, III
Coral Gables, Florida
cd
its true and lawful Attorney-in.Fact with full power and authority Jll'TeiJy LonkrH',] to sign ~nd deli\'l'T in it, l.:l:alf iiS Surdv. any :,:,J
all kinds of Surety Bonds, except as limited hereon, and to bin,: TlI! A \~i !':lC\~< ])1{U(;(;JSTS' 1'.JSlT.....'",;CF C()\j]'A~<y therch' :.';
fullv alld to the S:,I!lC C\ lc'nt a'. if such instruments werc' Sil'Ill'J \.\ the dld\' J;it!:c'rizd officl:J. oj Tl:l .\\1; I-:!CAN ])IU'(;(;!"r'
('O;,II'AN') ;;nd eli] the acts of s:lid Attornc\'-in-Fact pm:;uiml t'C) th, :Jiltll<.Ylly !:l'Tc'hy biven. are hn,'h\ r::tdied i.nel d,;dlflnc'c'
provided th:lt the li::hi!itv of the (omp:mv as surety on an\ SU,~1 blmd ,':\,', u1",i \'nLln tllis J:j[]lOTlt~' ,hall])", CALL'L,!
Five Hundred Thousand Dollars
TillS POWER VOID IF ALTERED m: i:T:"_~;ED Ol: IF l'(mTR IS NOT IN BLUE I','::.
(This pov.'er docs not authorize the e:,,:Cl;Uun oj bUlld, Jor loan. financial or hank guarantees. I
Th~ acknowkdgcElcllt and execution of any such document ~':./ SJid Attorney-in-Fact shall be as binding upon the (ompar.:, ii, il sueil
bond hau becn eHcuted and acknowledged by the regularly elected officers of this Company.
The signature of the President or a Vice President and the seal of tlie Company may be affi:\cd by facsimiJc: on any power uf Jttornl'Y
granted. and the signature of the Secretary and the seal of thl' Company may be affixed by facsimile to any certificate of an)' such
power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any
such power so executed and sealed and certified by certificate so execured and sealed shall, with respect to ~ny bond or undertaking to
which it IS attached. continue to be valid and binding on the COlllpan)'.
THE AMFRICA'.1 DRUGGISTS' INSURANCE COMPANY further certifies tllat the following is a true and exact copy of a resolution
of the Board of Directors of THE AMERICAT'>: DRUGGISTS' INSURANCF CO\lPANY, duly adopted and no\\' in fo:ce, to wit: All
Bonds of the corporation shall be executed in the corporate name of the Company by the President. any Vice President. or by such
other officers as the Board of Directors may authorize, The President. any Vice President. or any Secretary may appoint A ttorneys-in-
Fact or agents who shall have authority to issue bonds in the name of the Company.
All a~jority hereby conferred shall expire and terminate, without notice, unless used before midnight of
19 , but until such time shall be irrevocable and in full force and effect.
July 1
IN WITNESS WHEREOF, the said THE AMERICAN DRUGGISTS' INSURANCE COMPANY, ba2s caused these prescnts to be
September 6 8
executed by its officer. with its corporate seal affixed. this date of , 19
!i-J~'~'~o:: ::~:~~\
, a:: . . ... ..
\~~;~t~~;".'~.(:~j
...............
~~EA~~:'~~y
/I ?l
President
ST A TE OF OHIO
COUNTY OF HAMILTON
September 6
ss:
IJ?L~~ 9- Vd7b<.
Notary Public
I. Duane R. DuBois , Secretary of TilE AMfRICAN DRUGGISTS' INSURANCE CO:-'1PANY
do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by said THE AMERICAN
DRUGGISTS' INSURANCE COMPANY, which is still in full force and effect. IN WITNESS W:-IEREOF,
I have hereunto set my hand and affixed the seal of SJid Com pany this Seven ty day of J anua ry , 19 -1iL,
\~'f~/.~~;~i)
~k~
Secretary
If you have any questions concerning this power call 5 13-53G-81 OJ for \crification,