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03/07/1989 SECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this 7th day of March , 19~ A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and The Brewer Company of Florida, Inc. party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. 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: ROADWAY IMPROVEMENTS KEY VACA ROADS VI 109 GULF COUNTY ROAD, 109 STREET (KEY COLONY DRIVE), 107 STREET (INDUSTRIAL AVENUE), COSTA BRAVO DRIVE MONROE COUNTY, FLORIDA 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. 1.02 THE CONTRACT SUM A. 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: B. 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 Fifty-eight Thousand Seven Hundred Ten Dollars ($ 58,710.00). 1.03 COMMENCEMENT 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 not later than 120 calendar days after receipt of Notice to Proceed. C. The date on which contract time will begin shall be either the date on which the Contractor actually begins work or 10 days after the Notice to Proceed is issued, whichever is earlier. 00500-1 04-004.88 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. 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 therefore. The provisions of this Contract shall control any inconsistent 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. B. 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. C. 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. 1.05 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 HWldred 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. 00500-2 04-004.88 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 completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. 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 follows: 1. 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. 2. 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. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) 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 new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 1.08 CONTRACT DOCUMENTS A. 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 1 Cover Sheet 2 Typical Section and Details 3-5 Plan and Profile 00500-3 04-004.88 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. * Corpora tion Party of ~J ~~ ~art By: /IlI~~4 ~ '1lJe /Cilt4J1I!..hllQ"J . I Attest: DANNY L. KOLHAGE, Clerk (Seal) ~~M TQ~ 'FIetIIICY. BY Signed, Sealed and Witnessed in the presence of:* * The Brewer Co. of Florida, Inc. Party of the S ond Part By: Walter R. Brewer Vice - President Title Attest: l; ~) · I\)~A.,(\- .lul.J'~ (Seal) )Gwen L~k Assistant ~ecreLary (*) In the event that the Contractor is a Corporation, there shall be attached to each 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 partnership. 00500-4 04-004.88 CERTIFICA TE (Sample) STATE OF FLORIDA ) 55 CO UNTY OF DllbE ) I HEREB Y CERTIFY that a meeting of the Board of Directors of The Brewer Co. of Florida, Inc. . a corporation under the laws of the State of rMboA . held on lJ7t11!Ll/ /3 . 1~ the following resolution was duly passed and adopted: Walter R. Brewer "RESOLVED, that . as 1/ ,"tc: President of the corporation, be and he is hereby authorized to execute the Contract dated mHi!ttl1 . 19~ between Monroe County, Florida, and this corporation, and that his execution thereof, attested 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 /3 day of In ~U . 19fj. , , Q, \_,,/~; ~1:J\Utv..~ .JLW 1/~.6r.' secrefAry ( ----- Gwen Luecke END OF SECTION 00500-5 04-004.88 SECTION 00610 PERFORMANCE BOND STATE OF FLORIDA ss COUNTY OF KNOW ALL MEN BY THESE PRESENTS that The Brewer Company of Florida, Inc. as Principal, hereinafter called Contractor, and //HR.Tm~ F/~ ~ClM~ c.~;nPiIhtJ Y as Surety, hereinafter . , called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of Fifty-eil?:ht Thousand Seven Hundred Ten Dollars ($ 58,710.00) 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 March 7 into a Contract with Owner for: 19~ entered ROADWAY IMPROVEMENTS KEY V ACA ROADS VI 109 GULF COUNTY ROAD, 109 STREET (KEY COLONY DRIVE), 107 STREET (INDUSTRIAL AVENUE), COSTA BRAVO DRIVE 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 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: A. 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. 00610-1 04-004.88 B. 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 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. C. 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. D. The surety represents and warrants to the Owner that ;rey have a Best's Key Rating Guide Genera) Policyholder's Rating of" r-" and Financial Category of "Class XV". 00610-2 04-004.88 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this _ day of 19--1 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 seal). PRINCIP AL: The Walter R. Brewer( Affix Signature of Authorized Officer (Seal WITNESSES: \j\,U,tV\~'\2 Clc( _,,/ - I! Mice. President Title ffIJl /J~t0. /~~ .:5ff~ Business Address AA / . A , :~:J/1;;; jhl/T'/JJI1 rLI'JK; tJn _ tJ City State Gwen Luecke AssIstant Secretary SURETY: to ( Affix (Seal Name of Local Insurance Agency SEITLIN & COMPANY P.O. Box 025220 Miami, FL 33102-5220 Tel: (305) 591-0090 00610-3 04-004.88 I'. - ';1:'~ ' -:'_ ; I . I ~~ .: I' -:::_ ~ I , ;::_ ,r. 0' '-"flo -:::;- . (' ---:- .~~ ' '::-_'1" .... I; .-. I . '~.:: '-~. ~::' -: '_::J~~'\., ~~ ,-= . <"\~. ..: ,: \~~~~> ~~ .::: .:, ',=:, -, :::-~ :..... ---- ~- o.! ,. _ HARTFORD FIRE INSURANCE COMPANY~ Hartford. Connecticut 210241' POWER OF ATTORNEY ',. Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a cor- -- poratlon duly organized under the laws of the State of Connecticut. and haVing Its pnnclpal office In the City of Hartford. .. County of Hartford. State of Connecticut. does hereby make. constitute and appoint~ ! -- ,'~:-.' ':DONALD A'; KAPLAN, JAMES H,'\oiATERS, JOHN K. PEPPER, 1>'J.RVIN R. HAVEN, r '.:-::.' EVA.'l'l'HIA QUESADA, KAAREN REAGAN and BARBARA TYSInGER . - :~ " '.:::. of _= CORAL GABLES ..FLORIDA its true and lawful Attorney(s~n-Fact. with full power and authority to each of said Attorney(s)-in-Fact, in their separate .' capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its bUSiness of guaranteeing the fidelity of persons holding places of public or private trust: guaranteeing the performance of contracts other than Insurance poliCies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and mUnicipalities. and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law ~~~:.~' ~:---~---~~-------------~~~~--~----------------- - __ , _c-----:------c----"-c-'~-~--------c--- ---- .::::. I . ..:;,: -- . .'., and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and '.=.' , ';::.' " - undertakings and other wntlngs obligatory In the nature thereof were Signed by an Executive Officer of the HARTFORD -. --, '. FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby ratifies and confirms all ' - ,_. that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is wanted by and under authority of the following provisions: : (1) By-laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on t~e 9th day of March. 1971..:... . ARTICLE IV SECTION 8, The PreSident or an." VIce-President, actong w.th any Secretary or Assistant Secretary. Shall have power and aulhonty to apOOlnt. lor purposes only ot execuMg ana anesMg bonOS and unoertaklngs and other wrrt.ngs Ol)jlgatory In the nature thereof, one or more Resloent Vice. PreSidents. ReslClent ASSIstant Secretanes and Attorneys-on-Fact and at any bme to remove any such Resident Vice-President. Resloent ASSistant Secretary, or Attorney-In-Fact. ana re'tO.e the power ana authonty gIven to him. SECTION 11. Attorneys-ln.Fact snail have power and authonty. subJect to the terms and limitabons of the power ot attorney ISSued to them. to execute ana delrver on behalf of the Company and to attach the seal ot the Company thereto any and all bonOS ana undertakings ana other wnlings obligatory In the nature thereof. ana an." such Instrument executed by any such Attorney-n-Fact shall be as bending upon the Company as If slgnea Oy an Executive Officer and sealed and atles1ea by one other ot such Olllcers, (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY _ duly called and held onthe 11th day of June. 1976: .0 ... , RESOLVED: RObert N, H. Sener, ASSistant Vice-PresIdent and Thomas F, Delaney, Ass.stant Vice-President. shall each have as long as he holds such otfice the same power as an." Voce-President under Sections 6. 7 and 8 of Article IV of the By-Laws of tne Company. - This pow~ of attorney is signed and sealed by facsimile under and by the' authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August. 1976. , ' , RESOLVED.lhat. whereas Rooen N. H, Sener. ASSistant Vice.Presldent.and Thomas F. Delaney. Assistant Vice-President. acting With any Secretary or Ass.stant Secretary. each have me oower and authonty. as long as he holds such offlce. to appoont tJy a oower of attorney. for purposes only of execuling ana attestIng bonds ana unaertaklngs ana other wnt.ngs obligatory In the nature thereof. one or more ReSIdent Vice. Presidents. ASSistant , Secretanes and AttorneY-In-Fact , . Now, therefore. the signatures of such Ofllcers and the seal 01 the Company may be aHlxed to any such power of attorney or to any cert,llcate relallng thereto by faCSImile. and any such cower of attorney or certificate beanng such faCSImile SIgnatures or faCSImile seal shall be valid ana Olnoong ucon the Company and any sucn power so executed ana certllled by faCSimilE' signatures and faCSimile seal shall be val.d and bonolng upon the Company In lhe tuture wltn respect to any bona or unaertaklng to which It IS attached, In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by Its .~Assistant Vice-President, and its corporate seal to be hereto affixed. duly attested by its Secretary, this 1st day of April, ... 1983. Attest:. - _' -'. ~~~ .::STATE OF CONNECTICUT. f 55. . HARTFORD FIRE INSURANCE COMPANY -72 :~--.~~~~/" -~'/' C-/ .::"'::. / .~~. COUNTY OF HARTFORD. On this 1st day of April. A.D. 1983. before me personally came Robert N. H. Sener~ to me known. who being by me du'ly, sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice-' President of the HARTFORD FIRE INSURANCE COMPANY. the corporation described in and which executed the above :... instrument; that he knows the seal of said corporation; that the seal aHixed to the said instrument is such corporate seal: __ _. that It was so affixed by order of the Board of Directors Clf :5ald corporation and that he signed his name thereto by like ., order. - - -, . " :. _ _ _ . - -', - <;o;:1:~:'.~om~ STATE OF CONNECTICUT. f Gloria Mazotas. Notary PubliC 5S, My CommiSSion Expires MarCh 31. 1988 COUNTY OF HARTFORD. CERTIFICATE . . -- I, the undersigned. ASSistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corpora- tion, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remainS In fulllorce and has not been revoked: and furthermore. that Article IV. Sections 8 and 11. of the By-Laws of the Company, and the ResolutIons of the Board of Directors, set forth in the Power of Attorney, are now in force. .. . Signed and sealed at the City of Hartford. Dated the day of litAR' 2 8 1989 . j)~ 11.' Robert N, H, Sener Assistant Vice-Presidenr .. 19 Form S-3507-3 (HF) Pnnled.n U.S.A, CERTIFICATES AS TO CORPORATE PRINCIPAL Gwen l.uecke //::Yff. , certify that I am the Secretary of the Corporation Walter R. Brewer I, named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then Vice - President 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 Corporation by authority of its governing body. , /' 1lY5/. ~~~~~:~l~(A( ~ K_c -- Corpora te Seal STATE OF FLORIDA ss COUNTY OF Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN K. PEPPER to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the R IJl!.rFB/8J Fi IlG IAJ&JI2t-JI(JCE (O,;jJ~r and that he has been authorized by pnw~e OF JlJrQRNfY ATTACII[B to execute the foregoing bond on behalf of the Contractor named therein in favor of the OlljJ.J~ Subscribed and sworn to before me this , 19~ A.D. (A ttach Power of Attorney) otary Public State of Florida-at-Large My Commission Expires: END OF SECTION 00610-4 04-004.88 SECTION 00620 PA YMENT BOND STATE OF FLORIDA ss COUNTY OF KNOW ALL MEN BY THESE PRESENTS that The Brewer Company of Florida, ~ as Principal, hereinafter called Contractor, and ~. Fi~U~LJCe {Om/1/7I.J /" as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of Fifty-eight Thousand Seven Hundred Ten Dollars ($ 58,710.00) 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 March 7 into a Contract with Owner for: 19~ entered ROADWAY IMPROVEMENTS KEY VACA ROADS VI 109 GULF COUNTY ROAD, 109 STREET (KEY COLONY DRIVE), 107 STREET (INDUSTRIAL AVENUE), COSTA BRAVO DRIVE 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: A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. B. 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 sui t. 00620-1 04-004.88 C. No suit or action shall be commenced hereunder by any claimant: 1. 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. 2. 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. 3. 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. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, 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. D. 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. E. 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. F. The Surety represents and warrants to the Owner that th,. have a Best's Key Rating Guide General Policyhol~9r's rating of " -r- " and Financial Category of "Class Xv ". 00620-2 04-004.88 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this _ day of MAR 2 H 1989 19--, 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 seal). PRINCIP AL: 2. of Florida, Inc. Walter R. Brewer (Affix Signature of Authorized Officer (Seal WITNESSES: " le\ \J' >UUH'\'~A,Lu:. UV Gwen L.uecke Assistant Secretary Vice - Presluem Title f/IJ/ ;"f/aJ, /?Jd- ~r~ Business Address /J?1#JlJ/~ ?U~/j).4 33/:;j7 City , State SURETY: / /~ITN~SS: ? (/! ' . {j/dkbLIi. #4abJ (Affix (S eal B~)~ Cl Y State Name of Local Insurance Agency SfITUN & CCl1PANY P.O. Box 025220 Miamf, Fl 33102-5220 Tel: (305) 591-0090 00620-3 04-004.88 ~ .'..- .- -.. --. ; I ~.' =.'!;. -- :.:- t . .:~:..~ - I: "__ .- '" ...- i.-- -_. '" __. I, .___ . ~:.. l; . -.' - ,._ ~. - .", _.:~~~\~-.-= , H ~'\.\\..... . .. 0\ . . C\"" _. - .: \~~~ ~ - \.~~ ,::: .-:. -('\,\) '" - -~ '\) . . HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut 210247 POWER OF ATTORNEY -=.:. '-: -- '.. Know all men by these Presents, That the HARTFORD fiRE INSURANCE COMPANY. a cor- - poratlon duly organized under the laws of the State of Connecticut. and haVing Its prinCipal of lice In the City of Hartford. County of Hartford, State of Connecticut. does hereby make, constitute and appoin~_ .:-:-.: l' r . .::~. '=-DONALD A'; KAPLAN, JAMES H,'.,ATERS, JOHNK. PEPPER, l/'J.RVIN R. EVA.."lTHIA QUESADA, KAAREN REAGAN and BARBARA TYSInGER . ::, of.:: CORAL GABLES ~.FLOR:~DA. . HAVEN, its true and lawful Attorney(sHn-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate ~. capacity if more than one is named above. to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than Insurance poliCies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed, ~~--------~~-------------~~~~-~------------------ - _:--:~~-----'o-----o;---~-~----'--c--c-- ---------. -=.1 . ..::.:. -- . -" and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and . . undertakings and other writings obligatory In the nature thereof were signed by an Executive Officer of the HARTFORD _. FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney IS 9ranted by and under authority of the following provisions: ,. (1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on t~e 9th day of March. 1971..:.. . ARTICLE IV -, SECTION 8. The PreSident or any v,ce-Pres,dent. acting with any Secretary or Assistant Secretary. shall have power and authonty to apPOint. for purposes only ot execunng and attesnng bonds and undertakings and otner writIngs Ollltgatory in the nature thereof. one or more Res,cent Vice. PreSidents, ReslOent ASSistant Seeretanes and Attorneys-in-Fact and at any bme to remove any such Resident Vice-President. ReSident ASSistant Secretary. or Attomey-on.Fact, and r""".e the power and authonty given to him. SECTION tt. Attorneys-tn-Fact shall have power and authOrity. subject to the terms and limitabons of the power of attomey ISSUed to them. to execute and detrwr on behait of me Company and to attach the seal of the Company lt1erelO any and all bonds and undertakings and other writings obligatory In the nature thereof. ana any such Instrument executed by any such Anornay-n-Fact shall be as btnding upon the Company as ,f signed by an Executive Officer ana sealed and anested by one other of such Officers. ,. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY. duly called and held onthe 11th day of June. 1976: "- RESOLVED: RObert N. H. Sener. ASSIstant Vice-PreSident and Thomas F. Delaney. ASSiStant Vice-President. shall each have as long as he nolds such office me same power as any VICe-President under Sections 6. 7 and 8 of ArtIcle IV of the By-Laws of the Company. , This power of attorney is signed and sealed by facsimile under and by the'authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August, 1976. RESOLVED. tIlat. whereas Robert N. H. Sener. ASSistant Vice.President'and Thomas F. Detaney. ASSistant Vice-President. acting With any Secretary or ASSistant Secretary. each have me power and authority. as long as he holds such office. to appoint by a power of anorney. for purposes only of executing and anestlng bonds anc unoenaklngs and other Writings obligatory In the nature tnereot. one or more ReSident Vice-Presidents. ASSistant . Secretaries and Anorney-in-Fact . , Now. therefore. the signatures of SUch Officers and the seal of the Company may be affIXed to any Such power of anorney or to any certoflcate relating thereto by faCSimIle. and any such power of anorney or certificate bearing such faCSimile sognatures or faCSImile seal shall be valid and binding upon the Company and any Such power so executed and certified by facSlmtl", signatures and faCSImile seal shall be valid and binding upon the Company In the future WIth respect to any bond or unoertaklng to which II IS anached. - , , In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by ItS .' Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of April, _: 1983. ' . -. , Attest:. -. - ,-' '''. HARTFORD FIRE INSURANCE COMPANY =~~ ..:STAT~ OF ~ONN~.CTIC~T'l ss. COUNTY OF HARTFORD. I On this 1st day of April. A.D. 1983. before me personally came Robert N. H. Sener: to me known, who being by me d~'ly, sworn, did depose and say: that he reSides In the County of Hartford, State of Connecticut; that he is the Assistant Vice- President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above :- instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; .. _. that It was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like ., order. .. :~~'.cm~,.: STATE OF CONNECTICUT, ~ .. Gloria Mazotas. Notary Public _ $S. My CommiSSion Expires March 31.1988 'COUNTY OF HARTFORD. CERTIFICATE .. . I, the undersigned. ASSistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Conneclrcut Corpora- tion, DO HEREBY CERTIFY that the foregOing and attached POWER OF ATTORNEY remainS In full force and has not been revoked: and furthermore. that Article IV, Sections 8 and 11. of the By-Laws of the Company, and the Resolutions of the Board of Directors. set forth in the Power of Attorney. are now in force.. .... ,: . Signed and sealed at the City of Hartford. Dated the day of ~A!; 28 1989 Form S-3507.3 (HF) Prlnledln U.SA. i~1 ~ ~ /I . . ~~~-;. _.~~ ... ~.n' .. : ..:' .:.- I.~ .. , -./ ..:.. /./ . .;.,;=-~' .. V,,'''''' .."::.;/..:.... Raben N. H. Sener Assistant Vice-President .- 19 CERTIFICATES AS TO CORPORATE PRINCIPAL I, Gwen Luecke #:5::;;. . certify that I am the Secretary of the Corporation Walter R. Brewer named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then Yice - Pre.DI!Jent 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 Corporation by authority of its governing body. tj ~ ~( t{J.t'~ . . "-.f -f t{ /J:2'}/'. ecretar , Corpora te Seal STATE OF FLORIDA ss COUNTY OF ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN K. PEPPER to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the/l,4;(!7J!}RiJ F;~E !J;5r.J1214 JJc~ G/lJR.1ftJY , / and that he has been authorized by POWER OF ATTORNFY ATTAr.HFO to execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. (A::~::~~~~ :~~~~:~efore me llii:u~; ~ ill~ A.D. State of Florida-at-Large My Commission Expires: END OF SECTION 00620-4 04-004.88 SECTION 00650 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE Insurance Company Address of has issued policies of insurance, as described below and identified by a policy number, to the insured named below; and to certify that such policies are in full force and effect at this time. It is agreed that none of these policies will be cancelled or changed so as to affect the interest(s) of the (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancellation or change has been delivered to the Owner's Architect/Engineer; Post, Buckley, Schuh &: Jernigan, Inc. Insured Address Status of Insured _ Corporation _ Partnership Individual Location of Operations Insured Description of Work INSURANCE POLICIES IN FORCE Forms of CoveraJte * Worker's Compensation/Employers' Liability +Comprehensive Automobile Liability OComprehensive General Liability Policy Number Expiration Date Contractual Liability +Excess Liability Other (Please specify type) POLICY INCLUDES COVERAGE FOR: 1. Additional Insured: The Owner. 2. * Liability under the United States Longshoremen's and Harbor Workers' Compensation Act. 3. +All owned, hired, or nonowned automotive equipment used in connection with work done for the Owner. YES NO 00650 - 1 04-004.88 POLICY INCL UDES COVERAGE FOR: (Continued) 4. OOamage caused by explosion, collapse or structural injury, and damage to underground utilities. 5. Products/Completed Operations 6. Owners and Contractors Protective Liability 7. Liability assumed in the Contract 8. Personal Injury Liability 9. +Excess Liability applies excess of: (a) Employers' Liability (b) Comprehensive General Liability (c) Comprehensive Automobile Liability (d) Contractual Liability YES NO FORM OF COVERAGE LIMITS OF LIABILITY BODIL Y INJURY PROPERTY DAMAGE Worker's Compensation Employers' Liability $ Statutory xxxxxxxxxxxx Each Accident XXXXXXXXXXXXXXX Comprehensive Automobile Liability $ Each occurrence- Combined Single Limit BI/PD Comprehensive General Liability $ Each occurrence- Combined Single Limit BIIPD Contractual L iab ili ty $ Excess Liability Other (please specify type) The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Owner's ArChitect/Engineer when so requested. $ Each occurrence- Combined Single Limit BI/PD NOTE:Entries on this certificate are limited to the Authorized Agent or Insurance Company Representative. Date (SEAL) Insurance Company Issued at Authorized Representative Insurance Agent or Company - Send original and one copy to: Post, Buckley, Schuh de Jernigan, Inc. I North Krome Avenue Homestead, Florida 33030 END OF SECTION 00650 - 2 04-004.88 A.~..III." CERTIFICATE OF.1NSURANcE ISSUE DATE (MMIDDIYY) PRODUCER 3/16/89 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW ARTHUR J. GALLAGHER & CO. P.O. Box 02-5288 Miami, FL 33102-5288 Tel 11(305) 592-6080 CODE SUB-CODE COMPANIES AFFORDING COVERAGE ~~~~NY A National Union Insurance Co. INSURED ~~~~~NY B International Insurance Co. The Brewer Company of Florida, Inc. 980 I NW 106th Street Miami, FL 33178 ~~~~~NY C ~~~~NY D ~~~~~NY E COVERAGES 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. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MMIDDIYY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. 8171212RA OWNER'S & CONTRACTOR'S PROTo 9/1/88 9/1/89 GENERAL AGGREGATE $ 2,000 PRODUCTS-COMP/OPS AGGREGATE $ 1,000 PERSONAL & ADVERTISING INJURY $ 1,000 EACH OCCURRENCE $ 1,000 $ 100 5 FIRE DAMAGE (Anyone fire) ,"'l~3 9/1/8'$.",..,:',cf 8,,!~"F,a9 ~: ;'~~:~\,; :,'~P\;')~~':"':~" MEDICAL EXPENSE (Anyone person) $ COMBINED SINGLE LIMIT $ 1,000 AUTOMOBILE LIABILITY A X ANY AUTO ALL OWNED AUTOS SCHEDULED AU ras X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY CA82308093RA .l:', .... BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) .' < -3 t:: -~: c' ~~~~~~TY $ EXCESS LIABILITY B X Umbrella OTHER THAN UMBRELLA FORM 524-202158-7 9/1/88 9/1/89 EACH OCCURRENCE $ $ 5,000 STATUTORY AGGREGATE 5,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY $ $ $ (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE OTHER DESCRIPTION OF OPERA TIONS/LOCA T10NSNEHICLES/RESTRICTIONS/SPECIAL ITEMS Key Vaca Roads VI, Project #04-004.88, M::::mroe munty as Additional Insured CERTIFICATE HOlOER CANCEU..ATION Monroe County Public Vbrks Dept. 500 Whitehead Street Key West, Fla. 33040 ..,.~~~ORD c,oRPOR~TfON 1~88.. .ACORD 25-S ~~___.~. .~__~.