04/03/1991
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this 3rd day of April ,
1991 A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "Owner"), and The Brewer Com an of Flonda
Inc. party of the second part (hereinafter sometimes calle t e ' ontractor" .
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
1.01
A.
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SCOPE OF THE WORK
The Contractor shall furnish all labor, materials, equipment, machinery,
tools, apparatus, and tnmsportation and perform all of the work shown on
the Drawings and described in the Specification entitled:
ROADWAY IMPROVEMENTS
KEY WEST ROADS, I
BERTHA STREET
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.
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0;-: THE. <;9NTRACT SUM
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The: OWner shall pay to the Contractor for the faithful performance of the
~ Contra~~, in lawful money of the United States, and subject to addition
~ and.~illIctions as provided in the Contract Documents, as follows:
_ __.J~
- 2:ua::
Bas~ i!iJon the price shown in the Proposal heretofore submitted to the
p:; Owner ~y the Contractor, a copy of said Proposal being a part of these
Contract Documents, the aggregate amount of this Contract is the sum of
One Hundred Eighty-Nine Thousand
Thirty-Four and Sixty-Five Hundredths Dollars ($189,034.65).
1.03 COMMENCEMENT AND COMPLETION OF WORK
A.
B.
No constmction will be commenced until all required Bond(s) have been
submitted and approved by Monroe County.
No Constmction will be commenced until all required Bond(s) have been
submitted and approved by Monroe County.
B. The Contractor shall c.wnmence work within 10 calendar days after receipt
of Notice to Proceed.
C. 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.
D. 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.
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1.04
A.
I3.
c.
1.05
A.
CONTRAcrOR'S ACCEPTANCE OF CONDITIONS
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.
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
accept~\I1ce 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 a~y such work or material, are found to be defective or
to fail 1I1 any way to coniply 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
Surely, immechately 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.
LIQUIDATED DAMAGES
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
r~taill the amount of. rl\~o Hundred Dollm:s ($200.00) per calendar day as
fixed, agreed, and iIqll1dated damages for each calendar day elapsing
00500-2
04-004.90
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 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 thc General
Conditions, and subject to additions and deductions as provided, the
Owner shall pay the Contractor as follows:
1. Within 60 days after receipt of the Contractor's request for partial
paymcnt by the Owner, the Owner shall make partial payments to the
Contractor, on the b~lsi:> of thc estimate of work as approved by the
Owner's Engineer, for work performed during the precedin~ 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 al1 payrolls, material bills and other costs incurred by the
Contractor in connection with the construction of the work have been
paid. !.n f~llI~ a~c1 also" after all. gu~rantees that may be required in the
s/JeCIflcatlons have been lurmshed and are found acceptable. by
t 1e 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 bctween the parties hereto that if, at any
time after the execution of this Agreement and the Performance and
Payment Bonds hereto attachcd for its faithful performance, the Owner
~!1all. deem the surety or sureties upon such bonds to be unsatisfactory, or
J/, lor any reason, sllch bond(s) ceases to be adequate to cover the
performance of the Work, the Contractor shall, at his expense, and within
three clays 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.
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04-004.90
1.08 CONTRACT DOCUMENTS
A.
The Contract Documents, as
attached hereto, are as fully a
An enumeration of the
Documents follows:
stated in the Instructions to Bidders and
part of this Contract as if herein repeated.
Drawings accompanying these Contract
Sheet No.
1
2
3
4
5-6
7
Title
Cover Sheet
Typical Sections and Details
Storm Drainage Details
Drainage Map
Plan and Profile
Pavement Markings Plan and Details
00500-4
04-004.90
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 .s~all,
without proof or accounting for the other counterparts, be deemed an oflgmal
Contract.
Party
Corporation
By:
Walter R. Brew(;r
Vice - President
Attest:
~ {J~ek~le"
.A. Luecke
(Seal)
Assistant Secre..ary
Signed, Sealed and Witnessed 111 the
presence of: * *
pffi?~r~SeS:?nJy
-.- F~~..r_~
13 ~ .~.o ~--.. ....
y: .. -.
~~~
Title
Attest:DANNY L. XOI.HAGE, Clerk
~. ~ '? iP.~ (Seal)
(*) 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.
By
c::;
Date
00500-5
04-004.90
CERTIFICATE
(Sample)
STATE OF FLORIDA )
ss
COUNTY OF 'bAbt )
I HEREBY CERTlf<'Y that a meeting of the Board of Directors of
The Brewer Co. of Florida, Inc.
, a corporation under the laws of the State
of ILIll ';JI-J , held on Dt/{;!.x-K /5 , 1991, the following resolution was duly
passed and adopted:
"RESOLVED, that
as 1/ i cE President of the corporation, be and he is
herebx authorized to execute the Contract dated
:>~ :'~YJL ,1921, 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."
Walter R. Brewer
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 I [; day of j~f {:./' L- , 190).
~{(~
IleBI. Secretary .
Gwen A. Luecke
END OF SECTION
00500-6
04-004.90
/
/
/
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
ss
.-......, '
COUNTY OF ..vA ;x:- )
KNOW ALL MEN BY THESE PRESENTS that {HE BREWER COMPANY OF FlORIOAA ,NC.
as Principal, hereinafter called Contractor, and
HARTFORD FIRE INSURANCE COMPANY as Surety, hereinafter called Surety,
are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter
called Owner, in the amount of One Hundred Eighty-Nine Thousand Thirty-Four and
Sixty-Five Hundredths Dollars ($189,034.65) 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 3 April, 1991, entered into a
Contract with Owner for: '
ROADWAY IMPROVEMENTS
KEY WEST ROADS, I
BERTHA STREET
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
04-004.90
B. And' this Bonel shall remain in full force and effect for a period of one
( I) year from the date of acceptance of the project by the Owner and
shall l)fovide that the Contractor guarantees to repair or replace for said
perioe 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 c10 such work within five (5) clays from the c1ate 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 they have a
Key Rating Guide. Gen.eral Volicyholder's Rating of" II r
Financial Category of "Class 1.. V ".
Best's
" and
00610-2
04-004.90
IN WITNESS WHEREOF, the above bounded [larLies have executed this instrument
under their several seals, this _ day of APi , 8 199119 , A.D., the name and
corporate seal of each corporate party being hereto affixecland these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESSES:
(If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIPAL:
o. of Florida, Inc.
Walter R. Brewer
( Affix
SIgnature of Authorized Officer Seal)
WITNESSES:
The Brewer Co. of Florid3, Inc.
Namc of Firm
( Affix
Signaturc of Aulhorized Officer Seal)
Vice - President
~ct'kfI/
LU8cke
----
Title
Assistant Secretary
10) I /Li LV. I LJI; .!iTtEET-
Business Address
(hJ /}rn J
City
(({(2/L)r1 3:y ') y
Slate
WITNESS:
SURETY:
HARTFORD FIRE INSURAN
Co' )rate Surely
MPANY
(A ffix
Seal)
State
Nanlc
of Local Insurance Agency
$EITLIM 3 C~~PANY-
(;125 N.W. 53rd Street. Suite 200
P.O. Box 025220
c' ~"l('')-S??O
0061 0- J
04-004.90
CERTlrICATES AS TO CORPORATE PRINCIPAL
Gwen A. Luecke 17:5'5/.
I, , certify that I am the Secretary of the Corporation
Val1:c.r R Br8wer
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 J 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.
J1Mv1 O~1:lu- (Corporate
/" ~
'. e etary)
Seal
STATE OF FLORIDA )
ss
COUNTY OF 'J) rf '/;)( )
and that he has been authorized by
execute the foregoing bond on behalf
the
Subscribed and sworn to before me
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
HARTFORD FIRE INSURANCE COMPANY
POWER OF ATTORNEY An-ACHED to
of the Contractor named therein In favor of
(Attach Power of Attorney)
this ---'- day of APR 1 8 1991 , 19
(J,d /~~ ( -,d . ;
I~k~f...la_ i(,. '&-J&I(.;zj
Notary Public
State of Florida-at-Large
, A.D.
My Commission Expires:
Notary Public State of Flolida at Large
My Ccmrnission Expires Aug. 19, 1992
END OF SECTION
OOG I 0-4
04-004.90
HARTFORD FIRE INSURANCE COMPANY
lWtIonI, ConMclk:ut
POWER OF ATTORNEY
Know 811 men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
SAM SEITLIN, R. LOUIS SEITLIN, M. STEPHEN JACKMAN, FRANKLIN E. WHEELER,
MICHAEL BONET and JOHN K. PEPPER of MIAMI, FLORIDA
its true and lawful Attorney(s)-in-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
perm ~~e~_i~_~~~~~~~s_:~:~o_c:~~~~s_:~::~~w allowed, _- _------- _--------- _----------
and to bind the HARTFORD FIRE INSURAN-cE-Ce)Ui5ANY thereby ~s 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 granted 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 the 9th day of March, 1971.
ARTICLE IV
SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authority to
appoint. for purposes only of executing and attesting bonds and undertakings and other writings obligatory in tha nature thereof, one or more
Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident VIce-President,
ReSIdent ASSistant Secretary. or Attorney-in-Fact, and revoke the power and authority given to him.
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to
them. to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and
other writings obligatory in the nature thereof, and any siJch instrument executed by any such Attorney-in-Fact shall be as binding upon the
Company as if signed by an Executive Otticer and sealed and attested 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 on the 11th day of June, 1976:
RESOLVED: Robert N. H. Sener, Assistant Vice-President,shall have as long as he holds such office the 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 Resolu-
tion 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, that. whereas Robert N. H. Sener, Assistant Vice-President, acting with any Secretary or Assistant Secretary, has the power
and authority, as long as he holds such office, to appoint by a power of attorney, for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Assistant Secretaries and Altorney-
m-Fact
Now. therefore, the signatures of such Officers and the seal of the Company may be affixed to any such po_r of attorney or to any
certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such faCSimile signatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking to which it .s attached. .
In Wline.. 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 18th
day of March 1988.
Attest: HARTFORD FIRE INSURANCE COMPANY
/r:~"t. #t ~.
STATE OF CONNECTICUT, t
{ ss.
~.~/~
Secretary
Robert N. H. Sener
Assistant Vice. President
COUNTY OF HARTFORD,
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. Sener. to me known, who being by
me duly 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.
.,..,- ..,. . -;'\
(.~:, J ~1' ~ c..t.~,::" Lt:.,~~ 'L-~
} '~./
S5. ~ Jacqueline T. Derosiers. Notary Public
COUNTY OF HARTFORD, CERTIFICATE My Commission Expires April 1. 1993
I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked: and furthermore, that 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.
STATE OF CONNECTICUT,
Dated the
j)~ flr.9
David A. Johnson
Assistant Secretary
Form S-3507-4 (HF) Printed In USA
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA )
COUNTY OF D{fDC)
KNOW ALL MEN BY THESE PRESENTS that [HE BRJWracoMfANY OU.lJUW.>~
as Principal, hereinafter called Contractor, and
HARTFcmr; FIRE INSURANCE COMPANY as Surety, hereinafter
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereinafter called Owner, in the amount of One Hundred Eighty-Nine Thousand
Thirty-Four and Sixty-Five One Hundredths Dollars ($189,034.65) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
ss
WHEREAS, Contractor has by written agreement dated 3 April, 1991 entered into a
Contract with Owner for:
ROADWAY IMPROVEMENTS
KEY WEST ROADS, I
BERTHA STREET
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 suit.
00620-1
04-004.90
C. No suit or action shall he 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 be-ginning to
furnish labor, materials or supplies [or 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 suppl1es 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 SUIll 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 rec;eived, 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.
The Surety represents and warrants to the Owner that they Jlave a Best's
Key. Rating Guide General Po.licyholc!Cj'S rating of" I1::r
and Financial Category of "Class X V "
F.
00620-2
04-004.90
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this _ day of' APR J 8 1991 19_, A.D., the name and
corporate seal of each corporate party being hereto a fixed 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).
ida, Inc.
Vva n~er
H. Jj(~ffrx
Seal)
SIgnature of AuthOrized Oficer
WITNESSES:
_~Q~LJteg A. lueckeTitle Vice-President
l Assistant Secretary ------- 1 S'DI /1) it'. IN; .5Tlf.~:-E T
Business Address
/ii,'}..) n)/ ! {IIr?I)')/)
City I State
'j" ,j,' f/
.::) J /
SURETY:
WITN ESS:
HARTFORD FIRE INSURAN
Corp '~te Surety
MPANY
(Affix
Seal)
Name of Local Insurance Agency
SEITlIN & COMPANY
8125 N.W. 53rd Street. Suite 200
P.O. Box 025220
Miami', FL 33102-5220
00620-3
04-004.90
CERTIFICATES AS TO CORPORATE PRINCIPAL
1, , certify that 1 am the Secretary of the Corporation
~\Jalter R. Brewer
named as Principal in the within bond; that who signed the
said bond on behalf of the Principal, was then Vice - PreSluent of said Corporation;
that I know his signature, and his signature hereto is genuine; and that said bond
was duly signed, scaled, and attested for and in behalf of said Corporation by
authority of its governing body.
Gwen A. Luecke
II :.;j7 .
"
/-I'X:/.
STATE or FLORIDA )
ss
COUNTY OF'])A"bE:-)
duly commissioned, qualified and acting, personally
to me well known, who being by me first duly
that he is the Attorney-in-Fact, for the
HARTFORD FIRE INSURANCE COMPANY
and that he has been authorized by P.oWER OF ATTORNEY ATTACHED to
execute the foregoing bond on behalf of the Contractor named therein in favor of
Monroe COllnty, Florida.
Notary Public,
JOHN K. PlPP5
Before me, a
appeared
sworn upon
oath, says
Subscribed and sworn to before me this _ day of APR 1 8 1991
,19_, A.D.
(Attach Power of Attorney)
fJ. d!!I) ~
(. ;'. l \~ ).. . )
"-' j/L{t1-.-,~ . B / f/L(,(jU
Notary Public
State of Florida-at-Large
Notary Public State of Fiorida at Large
My Commission Expires Aug. 19, 1992
My Commission Expires:
END or sn("TION
OO()20-4
04-004.90
HARTFORD FIRE INSURANCE COMPANY
HIIrt1on1, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation duly organized under the laws of the State of Connecticut, and having its principal office in the City of
Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint
SAM SEITLIN, R. LOUIS SEITLIN, M. STEPHEN JACKMAN, FRANKLIN E. WHEELER,
MICHAEL BONET and JOHN K. PEPPER of MIAMI, FLORIDA
its true and lawful Attorney(s)-in-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, _-------
-------------------------------- -----------------------
and to bind the HARTFORD FIRE INSURAN"CE-CO'Mi5"ANY thereby ~s 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 granted 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 the 9th day of March, 1971.
ARTICLE IV
SECTION 8. The PresIdent or any Vice-President, acting with any Secretary or Assistant Secretary, ahall have power and authority to
appoint. for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more
ReSident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President.
ReSident ASSistant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him.
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power 01 attorney issued to
them. to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bOnds and undertakings and
other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the
Company as if signed by an Executive Officer and sealed and attested 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 on the 11th day of June, 1976:
RESOLVED: Robert N. H. Sener, Assistant Vice-President, shall have as long as he holds such office the 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 Resolu-
tion 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, that, whereas Robert N. H. Sener, Assistant Vice-President, acting with any Secretary or Assistant Secrelary, has the power
and authority. as long as he holds such office. to appoint by a power of attorney, for purposes only of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Assistant Secretaries and Attorney-
In-Fact:
Now, therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any
certificate relating thereto by facsimile, and any SUCh power of attorney or certificate bearing such facsimile aignatures or facsimile seal shall be
valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid
and binding upon the Company in the future with respect to any bond or undertaking 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 18th
day of March 1988.
Attest: HARTFORD FIRE INSURANCE COMPANY
/(:/0/ /#t~
Robert J. Mathieu
Secretary
STATE OF CONNECTICUT,
~.-v'/~
COUNTY OF HARTFORD,
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. Sener, to me known, who being by
me duly 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. I-:"~'~' c:?: / L- .
} i. ,;;", j)' -' . "-L; c~~ L...4:.4..
STATE OF CONNECTICUT, "~; ."
ss. ~ Jacqueline T. Derosiers, Notary Public
COUNTY OF HARTFORD, CERTIFICATE My Commission Expires April 1, 1993
I. the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked; and furthermore. that 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
} ss.
Robert N. H. Sener
Assistant Vice-President
Form S-3507-4 (HF) Printed in U.S.A
Dated th~ APR' 8 lWff
.
~
j)~ IIr.9
David A. Johnson
ASSIstant Secretary
MATSON INSURANCE
6291 BIRD RD.
MIAMI, FL 33155
CERTIFICATE OF INSURANCE
. -_.._.... _.. .....u._..._.___.... ........._ ........_.._. _ .._._._._.__.. .__.__._ _ .....Q~LlQL..21_..._.__.. .
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
PD.L!CIES BELQW..________
ISSUE DATE (MM/DDIYY)
A.~..llIt"
PROIilUCER
& BONDING, INC.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER MARYLAND CASUALTY COMPANY
INSURED
f~T~~~NY B
THE BREWER COMPANY OF FLORIDA, INC.
9801 N.W. 106TH STREET
MIAMI, FL 33178
f~T~~~NY C
f~T~~~NY D
f~T~~~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 (MM/DDIYY)
LIMITS
GENERAL LIABILITY
A X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR. EC29219987
OWNER'S & CONTRACTOR'S PROTo
"..' .,. "_._~. ,._..., ^...."__"_........_,.".".__~_""'_,c___________.___,,._,_..._~
01/01/91
01/01/92
GENERAL AGGREGATE $ 1,000,000
PRODUCTS.COMP/OP AGG. $ 1,000,000
PERSONAL & ADV. INJURY $ 1,000,000
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone fire) $ 50,000
MED. E~:.:~~::.!~~x..~:?:~~.?~_!.__.__ 5.000
COMBINED SINGLE
LIMIT
1,000,000
AUTOMOBILE LIABILITY
A X ANY AUTO ECAl2206208
ALL OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
01/01/91
01/01/92
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
$
EXCESS LIABILITY
A X UMBRELLA FORM
EACH OCCURRENCE
$ 1,000,000
$ 1,000,000
UB61924297
01/01/91
01/01/92 AGGREGATE
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE $
$
...." _"A~".''''N.._'"'~ ,"'_'_,_.,,......._~,~,~ ,.~.~ -'_._,_.....,......_"".... ............. ..,.........-....._,..-..""~,,...,~,_....__~ ,,.,
OTHER
'-. .' .., .,.'.....,_,."',<.<L'>,.,'..,.".'"_..,~._...,,,.,"',...___~_~~.M. ,~~.".,,_ ._",,,,,,,,,,_,,., ~'~"""""'h"""'-'_",~,~__,___,,,,_, .~",,,,,,,.___~_-.,_
"~,-",---",,,,,,,,,,_~'=------'-,,-"".,~",,, .._-_......._.~---"-.".__."~..-..--...,_..._....,,,.,,.,,
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS ALL OPERATIONS - STATE OF FLORIDA
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH RESPECTS TO THE FOLLOWING:
ROADWAY IMPROVEMENT / KEY WEST ROADS 1 BERTHA STREET PROJECT #04-004.90
,.....~,.".,"'.."--"..,-,,..-.. .-- .......,;.....,.....'~."" ,,-,,,,'.~^ ", ..""",.,~__n_........,.~,. ._.......".....-...-.,-~---..-...........'>_""'_._,;~_._~_'..H...........~._...'"'__,__" _.0'-."..
-_...._.--....~_._'-,..._'---_.......,"-.,..""".."'-___.__.__O&P_....'.."'.................."..,......----...-
CERTIFICA TE HOLDER
CANCELLATION
ACORD 25-S (7/90)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
-A~~~--._---_..._--
- ---
@ACORD CORPORATION 1990
MONROE COUNTY
500 WHITEHEAD
KEY WEST, FL
PUBLIC WORKS DEPARTMENT
STREET
33040
ASSOCIATED GENERAL CONTRACTORS
SELF INSURERS FUND
P.O. BOX 10409, TALLAHASSEE, FLORIDA 32302
CERTIFICATE OF SELF INSURANCE
ISSUED TO:
Monroe County Public Works
500 Whitehead Street
Key West, Florida 33040
This is to certify that
THE rmEWEH CO. OF FLOr-:IDA? INC.?
9801 N~W~ 106 STREET
MI(~MI? FL 3:?>:J. 78
COVERAGE NUMBER: n...no-o'l ::>90
being subject to the provisions of the Florida Worker's Compensation Act, has secured the payment of
compensation by becoming a member of the Associated General Contractors Self Insurer's Fund.
Workers Compensation / Statutory - State of Florida
Bodily Injury by Accident $ each accident
~1~2 ? 000 ? oon
EFFECTIVE DATE:
t./0'1/9'1
Bodily Injury by Disease
$
policy limit
$2?OOO?OOO
EXPIRATION DATE:
1./0:1/9:)
Bodily Injury by Disease
$
each employee
$2?OOO?O()()
REMARKS Project Name:
Project No. #
Additional Insured:
Roadway Improvements Key West Roads I, Bertha Street
04-004.90
Monroe County Public Works
Should any of the above described policies be cancelled before the expiration date thereof, the issuing
company will endeavor to mail 30 days written notice to the certificate holder named above, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company, its agents or
representatives. ~ _ . ~
DATE: April 10, 1991 BY: _~~
Vice President CRIMS .
......~~
. . -...~
..,.......
P. O. Box 144022
Orlando, Florida 32814-4022
Combined Risk and Insurance Management Services
3300 University Blvd. · Suite 140 · Winter Park, Florida 32792 · 407/657-6005 · FAX 407/657-0068
. \
SWORN STATEMENT UNDER SECfION 287. 133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRiMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OlliER
OFFICER AUTHORIZED TO ADMINlSTER OATHS.
1.
This sworn statement is submitted with Bid, Proposal or Contract No.
for Roadway Improvements Key West Roads I (Bertha Street)
This sworn statement is submitted by The Brewer Co. of Florida,lnc.
(name ofenhty submitting sworn statement)
whose business address is rSDI /I), Ct'. /(;(", .')77?~~E7 '//)} Nm, ;-::-C and
,
(if applicable) its Federal Employer Identification Number (FEIN) is ':};-{):fYf'i~?f
(if the entity has no FEIN, include the Social Security Number of the individual signing this
04-004.90
2.
sworn statement:
).
3.
'//3Iter R. Brewer
My name is
(please print name of individual
Vice - President
IS
and my relationship to the entity named above
signing)
4. I understand that a "public entity crime" as defined i!1 Paragraph 287. 133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with respect to
and directly related to the transaction of business with anYlublic entity or with an agency or
political subdivision of any other State or with the Unite States, including but not limited
to, any bid or contract for goods or services to be provided to any public entity or an
agency or political subdivision of any other state or of the United States and IDvolving
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
5. I understand that .convicted"or .conviction"as defined in Paragraph 287. 133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public e!1tity crime, with or with.out an
adjudication of guilt, in any federal or state trial court of record relating to charges brought
by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or
entry of a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime: or
or
b. An entity under the control of any natural person who is active in the management of
the entity and who has been convicted of a public entity crime. The term .affiliate.
includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in the management of an affiliate. The ownership by one
person of shares constituting a controlled interest in another person, or a poohng of
equipment or income among persons when not for a fair market value under an arm's
length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Flonda during the p:-eceding 36 months shall be
considered an affiliate.
7. I understand that a .person. as defined in Paragraph 287.133(1)(e), Jil'IO'rida Statutes, means
any natural person or entity or$anized under the laws of any ~tate or of the UOlted States
with the legal power to enter IOto a binding contract and which bids or applies to bid~ on
contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entIty. The term .person. includes
those officers, directors, executives, partners, shareh.olders, employees, members and
agents who are active in management of a.l entity.
8. Based on information and belief, the statement which I have marked below is true in rclation
~ entity submitting this sworn statement. (Please indicate which statemcnt applies.)
Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who arc active in management of thc entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July I, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July I, 1989, AND (Please indicate which additional statement applies).
There has been a proceedin,& concerning the conviction before a hearing officer of the
State" of Florida, Division of Admmistrative Hearings. The final order entered by the hearing
officer did not rlace the person or affiliate on the convicted vendor list. (Please attach a
copy of the fiM order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vcndor list.
(please attach a copy of the final order.)
The person or affiliate has not been placed on the co i (I vendor list. (Please
describe any ae::on taken by or pending with the Departmcnt 0 Gel Servo es.)
FORM PUR 7068 (Rev. 11/89)
WJit8f R. Brewer
,
/
/y'?/
Date:
Ii,
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUN1Y, FLORIDA
ETHICS CLAUSE
The Brewer Co. of Floridat Inc. warrants that it has not employed, retained or otherwise
had act on Its behalf any ormer County officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision the Coun!)' may, in its
discretion, tenninate this contract without liability and may also, in its discr tion duct from the
contract of purchase price, or otherwise recover, the full amount 0 a [, e, commission,
percentage, gift, or conSideration paid to the former County officer or e loy
jailer R. Brewer
Date: /I/'/:-/ L
/'
/9/'/
/f)
STATE OF
;-{,/'I:'/ -/) A
COUNTY OF
"., \. ~
l) I'l/dC-
PERSONALLY APPEARED BEFOREiME, the undersigned authority,
who, after first being sworn by me, affIxed hislher signature ,(name<?findividual signing) in the
space provided above on this /() day of /J13P/L , 191'/
ai~ca. Cd;~~
Wi] iter R. Brewer
My commission expires:
No~ary Pubric State of Florida at Large
rVly Commission Expires Aug. 19, 1992