Loading...
05/27/1983 " ) 'J .] ] j J 'j ,J I] 1 I 1 1 1 .1 ] ,] J \,--- CONTRACT -------- THIS AGREEMENT, made and entered into this 27th day of May , 19 ,A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and The Brewer Company of F1 or; da, line. party of the second part (hereina~ter sometimes called the "Contractor"). 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: PAVING &. GRADING IMPROVEMENTS CROSS KEY WATERWAY ESTATES SUBDIVISION KEY LARGO 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. 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 One Hundred Fifty Three Thousand Two Hundred Dollars ($153,247.75 ). Forty Seven & 75/100 ARTICLE 3 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 for beneficial use not later than 180 calendar days after receipt of Notice to Proceed. - IE-I 401-002.29 I' ] ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS ] ] ] ) ] ] 1 r~I...... ..~' J ] 1 ] ] ] 3 . . 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 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. IE-2 401-002.29 J ] '].. '- ] 1 ] ] 1 1 !1 11 C_1"~ '....~~' - " .", '~'. 1 1 1 J 1 ..1 Q I ! 11 I - 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. ARTICLE 6 PARTIAL AND FINAL PAYMENTS 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: 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. 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 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 bond 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. IE-3 401-002.29 I' a ] =1 1 ) 1 ] 1 .I'd iltl II 3 -1 1 :J n I ,II i q II 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 1 Cover Sheet 2-7 Plan and Profile Sheets 8 Details IE-4 401-002.29 -... , ~ .-. .,,-...""....'"'"" ."-""~.-..-...--..-_- - .'- . ~-' . ~--- Q 'T] ~-, "] ~J 1 !" ] ~-] ',Q ,U . . . \ fII ro r. i I iiJ i I'q , . ! . I 1 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. * Approved as to correctness of form: Board of County Commissioners Monroe County, Florida Party of the First Part the Board of Attest: R1lfjH lAY U~JIJE Clrnu t\ r V~. 'Rh J Li\a (Seal) J ~r i)\ p ~ Clerk of C nty mmissioners ,.~..' Signed, Sealed and Witnessed in the presence of:* * BYt; /l6S/' {/;ce- Ae:s , Ti tIe A~~ 455/ :']"'M' e-l">,, :t I '"'\ (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 witnessess are required when Contractor is sole ownership or partnership. IE-5 401-002.29 ).' ] ] ] . . " ..J ] j ] ~J ~J ] :J :1 J ]. -; J ] J J CERTIFICATE STATE OF FLORIDA ) COUNTY OF ) ss I HEREBY CERTIFY that a meeting of the Board of Directors Ofof' ~ J3ee~ ~. 0/ ~(a/.1 I:ne, , a corporation under the laws of the State of 1-! ct..l. ,held on ..3 JUI7e. , 1~ the following resolution was duly passed and adopted: "RESPLVED, that J ~ /.5...aeu.;c:!v , as ;:? .551. Un!.. e~ President of the corporation, be and he is hereby authorized to execute the Contract dated ,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 ~ day of :;; U/7:t:-,-- ' ,.198:3 v ~/4 Secretary * * * * * * - END CONTRACT - IE-6 401-002.29 PAYMENT BOND ST ATE OF FLORIDA ) COUNTY OF ) ss KNOW ALL MEN BY THESE PRESENTS that THE BREWER COMPANY OEFLORIDA,.lNC. as Principal, hereinafter, called Contractor, and LUMBERMENS MUTUAL CASUALTY CO. as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of ()1.J4 NoIJ1>Ite" F,,.,y 11Hf.~1l '1?N~,fHJi' 7'WO h'OAlfJAt!.P AA"'Y SEvtTV' ~S-~. ~ Dollars ($/S"J...2..~7.1S ). I' 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 \ May 27 19~ entered into a Contract with Owner for: PAVING &: GRADING IMPROVEMENTS CROSS KEY WATERWAY ESTATES SUBDIVISION KEY LARGO 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 Chapter 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 IF-5 401-002.29 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. 3. No suit or action shall be commenced hereunder by any claimant: a. 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. b. 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 therefore. c. 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. d. 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. 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. 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. 6. The Surety represents and warrants to the ownA' that they have a Best's Key Rating Guide General Po\lcyholder's rating of " -y " and Financial Category of "Class XV ". IF-6 401-002.29 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this ~ day of c:J.nve 199j 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). PRINCIPAL: (Affix Seal) WITN ESSES: ~ Hs,sl SEC/-. /-I8$/-. t~-il~. Ti tle 9?Jt>/ ,h.~). /00 y. Business Address k,ol lty -' '1(cu. State SpRETY: POWER OF ATIORNEY ATIACHEO (Affix Seal) WITNESS: ~AL/. it State ~. Name of Local Insurance Agency FRANK B. HALL & CO. of FLORIDA 2600 DOUGLAS ROAD CORAL GABLES, FLA. 33134 P. O. BOX 343800 ~RAL GABLES. FLA. 33134 TELEPHONE: 448-2211 IF-7 401-002.29 LUMBERMENS MUTUAL CASUALTY COMPANY Home Office: long Grove, Il 60049 POWER OF ATTORNEY K now All Men By These Presents: That the lumbermens Mutual Casualty Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in long Grove, Illinois, does hereby appoint ................. R. Leslie Cizek, Jr.; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan; John K. Pepper; James H. Waters; Evanthia Dimitropoulos; Camille Hanlon; Kaaren Fulton; all of*************** Coral Gables, Florida (EACH)****************************************************************** its true and lawful agent(s) and allorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1984, unless sooner revoked for and on its behalf as surety, and as its act and deed: .B Any and all bonds and undertakings.******************** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draff or leller of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said lumber mens Mutual Casualty Company as fully and amply to all intents and purposes, as if the sam!' had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1984 This Power of Allorney is executed by authority of a resolution adopted by the Board of Directors 01 said Lum. bermens Mutual Casualty Company on May 18, 1965 at Chicago. Illinois, a true and accurate copy of which is hereinaffer set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, ThaI Ihe President or dll).' Vice Pre~idljlll ur Se(relar~' ur ~J!lY A......i...lalll Secretary shall hav(' jJO\\/f'f dnd dulhorl1y to appoint agents anu atlorney... in fact. dnd tu aulhorilt' them tu t'\eculp on b('half of the company, dnd allach !tlt' ...t'dl l>1 fhe company thereto. bonds and underldking~, recognizance..., (Olllrdch III inuemllily and olher \\ riling... obllgalor\ In Ihl' ndfure Ihereof, and any surh officer of the cornpan\ may appoint dgent-. lur (lcceplante of procp~s. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975: 'VOHD. That the Slgnalu,,' 01 Ill<' f'rpSldel1l. anI Vice f'reSld"nl. SP( rl'lall (II ""i,lal1l Sf'crE'lary. and 11ll' 51',,1 o! Ihl' (Olll p.InV, dnti the cerfiflldlron by drl\ Sf'crt'lcH\ (11 A~~jstdnl Secrelar~. t1ld~ lw .llll\f'd hy l.jc....imill' un elr1\' po\\pr (It dllorllt'V t'\t'i..ulf'd pur~uanl 10 n>~oJuti{)n ddoptt'd by Ihe Board of Dlreclur... on \1a\ lB, 19(1~, and (l11\ 'ill( h P{)\\t'! ~() p\('euled, "cdled dlld cerlllied with re~pf>cl It) am h(Jl1d or "'lrnd~lf underldking it) \dlllh II i... ,11l.H nt.d. ...hdli i.. 'H111IllH' 10 be \dlld .mll hlnding upon the Company' In Testimony Whereof, lhe Lumbermens Mutual Casually Company has caused this inslrument tu it, corporate seal to be affixed by its authorized officers. this_._AJ:h _.day oL_ ...J1DYe.mber 1)[' Signed and ,I'J~ Attested and Certified: / _kf(.._~~__ LUMBERMENS MUTUAL CASUALTY COMPANY e.''''''', ,;1'l',y., :\Ii::u,\; \,'..;~~<l """" Bv /1 i ~. //''i (p "'F /\:!2diHf;~ R.H. lohmnn, Sl->rrf'tdfr C, 11, Ka...h()hlll \'1\1.' l'll'<"ldi..'lll STATE Of 11lINOIS}_ COUNTY Of COOK _ I. ClC'nevieve B. Huff. a Notary Public, do hlC'reby clC'rtify that G. H. Kasbohm and R H. Johnson I'prs()n"llv known to me to be thlC' same person, whose name, are respeclivE'ly as Vice Presidenl ;1I1t! Sp, retar~ ul the Lumhprmpns Mu- tual Casualty' Company. a Corporation of the State of IIll11ois, subscribed 10 tlH' foregoing inslrunH'nt. dppparet! before me this day in person and severally acknowledged Ihat they b('1I1>: thereunlo dull' aulho,,/ed siglll'd. ,ealed with the corporate seal and delivered the said instrument as the Ire(' dnd voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes Iherein SI'I forth. My commission expires: May 5, 1986 ~~\\n ,~ :i:"'o::..\~ . "111,'(._" " ..:: ,.:;;-;-' d/~ 19 ;ryL~. Lpnp\'H'VI' R .lult NO!.HV I'uhlll CERTlflCA liON I, Sven L. Johanson, Secretary of the Lumbermens Mutual Power of Attorney dated . .__ljgy",-lJIl;>eL_~L..J....2fL2... Casualty Company, do hereby certily thai the attached ._._.._._.on behall ul s~ ill; ..above.. ************** __ i, a true and correct copy and that the sam;-~b~~~~full force and effect since the date fhereot"--~~d-~in full force and effect on Ihp date of thi, certiflcatlC': ilnd I do further certify that the said G. H. Kasbohm and R. H. lohnson who ,'xecult.rl thl' Power 01 Attorney as Vice Pre,idpnt and Spnetdry n'spPt'lIVl'I\ wen' Oil tlH' dall' oj 1IH' e,,'cul<<)1l oJ .1',,' .It tached Power of Attorney the dull' elected Vice President and Secretary 01 the Lumben111'1lS Mutudl Casually Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name t'il<J...1Ifi\l'd tl", (OIPOl,llt' Sl".1 of Ihl' Lllllllll'r. mens Mutual Casualty Company on this day of---vuN----3 '1983-, 19__. n..' e ~~~ '"".;,,~ - . S\,pn l. l(jhan"'~lfl, ~t'lr('I;H\ ThiS Power of Attorney limits the acts of those named therein to the bonds and undertakings specitically named therein. and they have no authority' to bind the Company except io the manner and to the extent herein stated. CERTIFICATES AS TO CORPORATE PRINCIPAL I, C,,L) &-au;JU!>-O , certify that I am the Secretary of the Corporation named as Principal in the within bond; thattfJr~ who signed the said bond on behalf of the Principal, was the~. _~~ pf 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. ~ ecretary Corporate Seal ST ATE OF FLORIDA) COUNTY OF ) ss 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 and that he has been authorized by lUMBERMENS MUTUAL CASUALTY CO. POWER OF ATTORNFY ATIACHED to execute the foregoing bond on behalf of the Contractor named therein in favor of the Monroe County, Florida. Subscribed and sworn to before me this _ day of ~N 3 1983 19_, A.D. (Attach Power of Attorney to Original Bid Bond) ( -r; d'- blic orida-at-LarUary Public Stat!! ,ot flliii~a at lsrge. .. . M~ Commission UP Ires Mn\ 22, 1981 My CommIssIon ExpIres: * * * * * * - END PAYMENT BOND - IF-8 401-002.29 PERFORMANCE BOND STATE OF FLORIDA ) COUNTY OF ) ss KNOW ALL MEN BY THESE PRESENTS that THF RRFWi=R COMPANY OF FLORIDA. INC. as Principal, hereinafter called Contractor, and LUMBERMENS MUTIIAI CASU~lTY GB. as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, OIIF /lIINMep fit/ FrY 7tHI.e6' as Obligee, hereinafter called Owner, in the amount of~tJrtiAlfJD -,wtJ ~dUDJ461> Dollars ($ /SZ,~V7. 7~ FfJ~""'Y SI!51l~#J J' 7~'i) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. X WHEREAS, Contractor has by written agreement dated May 27 193-2, entered into a Contract with Owner for: PAVING & GRADING IMPROVEMENTS CROSS KEY WATERWAY ESTATES SUBDIVISION KEY LARGO 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: 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 IF-1 401-002.29 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 (l) 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. 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 "-A t-' "and Financial Category of "Class 111 ". IF-2 401-002.29 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this .....L- day of s\ ~Ale 198'.5 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). PRINCIPAL: ,,~E BR~lOJlIDA. INC- M (Affix Signature of Authorized Officer Seal) ~ - 4851, 5j-" 4BSI,~J AQXjJ. Title 9 fD I ;), W. Ie) 0 U" Bus~dress~ k, 33178 City State SURETY: POWER OF ATTORNEY ATTACHED (Affix Seal) WITNESS: ~L. it State . ~~ Name of Local Insurance Agency FRANK B. HALL & CO. of FLORIDA 2600 DOUGLAS ROAD CORAL GABLES, FLA. 33134 P. O. BOX 343800 CORAL GABLES, FLA. 33134 TELEPHONE: 448-2211 IF-3 401-002.29 LUMBERMENS MUTUAL CASUALTY COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint................. R. Leslie Cizek, Jr.; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan; John K. Pepper; James H. Waters; Evanthia Dimitropoulos; Camille Hanlon; Kaaren Fulton; all of*************** Coral Gables, Florida (EACH)****************************************************************** its true and lawful agent(s) and allorney(s)-in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1984, unless sooner revoked for and on its behalf as surety, and as its act and deed: .8 Any and all bonds and undertakings.******************** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or leller of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authorify as set forth herein. This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon thl' said Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers al ils principal office in Long Grove. Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,191:\4 This Power of Attorney is executed by authority of a resolution adopted by the Board of Direclors "I said Lum- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certilied to by the undersigned Secretary or Assistant Secrelary as being in full force and effect: "VOTED, Tholl Ihe Presidenl or arl~ Vice Pre~idt:'1l1 or St:~crelar\. ur JIlY Assi'lI<l111 Secrelarv shall ha\{' po\vpr Jnd dutho! 11\ l(l appoint agents ano attornev... in facl. dnu 10 JulhoriLf' thf'rll lu P\l'cuk UIl b('hall of tht, company, and clltdch lilt' "'l'dl of the company lhereto. bonds and undertdking'l, rptognlli.H1fl''l, (1llllldCh of inuernnif't dnd olhpr \,rillng..., ubllgalul\ ill th~\ ndfure thereol. and anv slIch olfiu'r 01 the company mav appolnf dJ2,t'nh lor acceptantt' of proct'......, This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the follOWing re- solution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1975' VOTfD, That lhe 'iignJfurt' of tht, Prp...idt'rll, dny Vict' Pr('....idpnl. Sl'l rt'!dl\ or A......i...tdlll St-'crefary, Jnd Ow 5(',11 oj lhl' (Ufll P<In\-, , dlHJ lhe certification by dfl't )put>ldry or A"''llslanl ~t'crl'1:l1\ 111.1\ Iw dlfrxt'd h't LJC"lmill' on dll\ P()\\('! llt d!lnlrH'\ t'xt't ufed pursudnf fo rt'~olufl()n ddoph'd h\' Ihl.' l::3oard oj Drrpc!ur... tHl \tl\lH 1 (JG,:) , dnd all\ "ill{ h P{)\\t'l ""(l {'\('cult-d, ~{,dll'J JIltj cerltflpd wifh re..,pf'cl III dm bund or ....lmil.H Undf'!tdkill,c. I(l \\'Ill( hili... ,1I1.H hed. ....hdl! C1_lll!!!1lH' 10 he \ <llld .11)(1 htnding upun Ihe Compctny." In Testimony Whereof, Ihe Lumbermens Mutual Casualty Company has caused this Inslrument 10 tw Signed and its corporate seal to be affixed by its authorized officers, this~---4m .dayof _._ _-1iQJlembe.r_,I'J~. Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY / ,\00 @~ Q/'~ _J:.f/~'t~_ ~j B\ R.H, John~on, SPUf'tMY c_ 11_ Ka...h()~lIn. \'rl t' \'ll'...rdt'lll STATE OF ILLINOIS}.. COUNTY OF COOK I Genpvieve B. Huif. a Notary Public. do hereby certify that G. H. Kasbohm and R. H lohmon pl'rsoll.!lly known tll me to be tbe same persons whose names are respectivel\, as Vice PrpSluelll and SC'( relary of the Lumlwrnlt'm Mu. tual Casualt\, Company, a Corporation 01 the Stall' of IlIinoi5, subscrihpd tll tll(' loreglling instrunH'nl, .!ppedll'd before me this day in person and severally acknowledged that tlll'v being thereunto duly authorl/l'J signf'd, sealed with the corporate seal and delivered the said instrumpnt a, the Irel' and voluntary act llf said corpora- tion and as their own free and voluntary act for the uses and purposes thl'rl'in s('1 forth. ~. ~?'/7 ~;~~~'--. ~~~~\',:(.:,~~ ..... . .\.... ~(J a l It.' . .... -J/ ~ J9 1-I-rt My commission expires: May 5, 1986 l.,Pnt'vrl'\(' A t lUll !\;o!.try I'lthl" CERTIFICATION I, Sven L. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached Pllwer of Attorney dated_nn_.1!.9y~l11l:>e.L~L-.J.J:lP_2__ . on behall of Same as -<!bova.. ************** __ ~____~~____________'_' _ j, a true and correcl cop\, and that the ~-all1-;-h;.~be~n in full force and effect since the date thereof and is in full force and effect on Ihl' date of thIS certificate; and t do further certify that the said G. H. Kasbohm and R. H. lohmon who px('cull'ri thl' Power ot Allorr1f'Y as Vice Pre5idpnt and Secretary rc'sPI't1lvl'l\ wl'n' Oil tilt' d"I<' of tll<' (,\l'culi,", oj tll<' "I tached Power at Attorney the duly elected Vice Pre5idenl and Secretary 01 the Lumbl'lIlu'n, Mulu..1 C,lsllalty Company. IN TESTIMONY WHEREOF, 1 have hereunto mens Mutual Casually Company on this subscribed my name and alfi\l'd tilt' (orpo,..I<' St'..1 of Ihl' LUlllllt'" day o~ 319837 -, 19_ ~. ~~~ , ",,,..' , . S,,,n L. loh"n'~S," 1"'"'' This Power of Atlorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except In the manner and to the extent herein stated. CERTIFICATES AS TO CORPORATE PRINCIPAL I, r;!. t..J ?CU-/Li!<1/ , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Zr- e ~ who signed the said bond on behalf of the Principal, was then~?"S'.J &(? ;;JeJ.. 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. ~ Secretary Corpora te Seal STATE OF FLORIDA) COUNTY OF ) ss 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 LUMBERMENS MUTUAL CASUALTY CO. and that he has been authorized by POWr:rl or mOIlNEY ATTACWED 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 _ day of ~' 19_, A.D. \., (A ttach Power of Attorney to Original Bid Bond and Financial Statement from Surety Company) Notary Pub . State of Fl ri a-at-Larltary Public State of tlQ~i~3 Dr I~~~~. MJ Commission Expire;; Aprii 22. ;~81 My Commission Expires: * * * * * * -ENDOFPERFORMANCEBOND- IF-4 401-002.29