09/01/1987
..,...
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this -ll:L. day of September ,
19.81, A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "Owner"), and The Brewer Company of
, 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 aU labor, materials, equipment, machinery, tools,
apparatu..c;, and transportation and perform all of the work shown on the
Drawings and described in the Specification entitled:
ROADWAY IMPROVEMENTS
PLANTATION KEY ROADS I
BAY VIEW DRIVE, PALERMO DRIVE, PALO DE ORO DRIVE, VALENCIA DRIVE,
LEONI DRIVE, SAN REMO DRIVE, WOODS AVENUE, REDWING ROAD
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
One Hundred Sixteen Thousand
Nine Hundred Forty Three Dollars and Fifty Cents WX>~)$($116943.50).
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.
00500-1
04-004.77
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 Hundred DoDars ($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
04-004.77
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
2-3 Typical Section and Details
4-8 Plan and Profile
00500-3
04-004.77
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. *
}he Brewer Co. of Flor)da, In~
Party of the Second Part
Signed, Sealed and Witnessed in the
presence of: * *
By:
Walter R. Brewer
Yice - Presicent
Attest:
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(Seal)
M:>NROE COUNIY, FLORIDA
Party of the SOO6OOCmK First Part
W~/}
.' . . ~ . .. . ..': ....' -": ". . ,
aA1f~rC~AI~tAl 4f. ~
Tit e I
(*) 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
04-004.77
CERTIFICATE
(Sample)
STATE OF FLORIDA )
ss
COUNTY OF /Yilt;t; )
I HEREBY CERTIFY that a meeting of the Board of Directors of
The B ewer Co of Florida Inc. .
. r . - · , , a corporation under the laws of the State of
f2lk.>J-4, held on ~/r / if ,19} ,; the following resolution was duly passed and
adopted:
Walter R. Brewer
"RESOLVED, that , as
VI t'E.. President of the corporation, be and he is
h. ereby authorized ('/' to execute the Contract. dated
,"':~fY / , 19.tj, 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 d day of r,j{ I> c/I//jLR , 19J'7,~
71//1) "', J ..
Secretary
~,
END OF SECTION
00500-5
04-004.77
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
COUNTY OF~e ) ss
KNOW ALL MEN BY THESE PRESENTS that {HE BREWER COMPANY O(D-OijlDA,. INC.
as Principal, hereinafter called Contractor,
and FIDELITY AND DEPOSIT COMPANY as Surety hereinafter
Of MAR (LAN 0 '
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereinafter called Owner, in the amount of One Hundred Si xteen Thousand Ni ne
Hundred Forty Three Doll ars and Fi fty Cents ~ ($116,943.50) 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 September
entered into a Contract with Owner for:
, 1987,
ROADWAY IMPROVEMENTS
PLANTATION KEY ROADS I
BA Y VIEW DRIVE, PALERMO DRIVE, PALO DE ORO DRIVE, VALENCIA DRIVE,
LEONI DRIVE, SAN REMO DRIVE, WOODS AVENUE, RED WING ROAD
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
ref erred 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
04-004.77
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
sam~ 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 ~ave a Best's K
RatIng GUIde General POlicyholder'S Rating of ,,^-- " d . .ey
Category of "Class .:14-". IT an FmancIal
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this _ day of ~ 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).
PRINCIPAL:
;l
(Affix
(Seal
WITNESSES:
Vice - President
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Title
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Business Address
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City 'State
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WITNESS:
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SURETY:
FIDELITY AND DEPOSIT COMPANY
Of. MARYLANQ
t urety
( Affix
(Seal
B~ Addr~ ~
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C1ty State'
Name of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDA
2600 DOUGLAS ROAD .
CORAL GABLES, FLA. 33134
P. O. BOX 143800
CORAL GABLES, FLA. 33114
TELEPHONE: 448-2211
00610-3
04-004.77
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
/17. //. ///11-/1'2
, certify that I am the Secretary of the Corporation
Walter R. Brewer
named as Principal in the within bond; that
who signed the said
Vice - President of said Corporation; that I
bond on behalf of the Principal, was then
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.
/J/I'1 r..F.,~f~.-./ ~. ~y
Secretary ,'I
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
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
and that he has been authorized by I'OI~!ER OF .~TTORN[y ATTACHED to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Ou.9A.l~
Subscribed and sworn to before me this _ day of SEP 1 4-1987
, 19_, A.D.
(Attach Power of Attorney)
~kdlCk~
Notary Public
State of Florida-at-Large .
Notary P~b".c State. at FlorIda at LargB.
My Commission Expires: My CommISsion ExpIres Aug. 19. 1988
END OF SECTION
00610-4
04-004.77
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA )
COUNTY OF D/-/IJc) SS
KNOW ALL MEN BY THESE PRESENTS that TH~ BRFWFR COMPANY OFFI n!!rn~ INC
as Principal, hereinafter called Contractor,
fIDELITY AND DEPOSIT COMPAN~ as Surety hereinafter
DI MAR'lLANQ. '
called Surety, are held and ttrlnly bottnd unto Monroe County, Florida, as Obligee,
hereinafter called Owner, in the amount of One Hundred Si xteen Thousand Ni ne
Hundred Forty Three Dollars and Fifty Cents ~($ 116943.50 )
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
and
WHEREAS, Contractor has by written agreement dated September
entered into a Contract with Owner for:
, 1987,
ROADWAY IMPROVEMENTS
PLANTATION KEY ROADS I
BAY VIEW DRIVE, PALERMO DRIVE, PALO DE ORO DRIVE, VALENCIA DRIVE,
LEONI DRIVE, SAN REMO DRIVE, WOODS AVENUE, RED WING ROAD
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
ref erred 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
04-004.77
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 ~ithin forty-five (45) days after beginning ~o furnish.la~or,
materials or supplies for the prosecution ?f the work, furn~h the PrinCIpal
with a notice that he intends to look to thIS bond for protection.
Unless claimant other than one having a direct contract with the
Principal, shall ~ithin ninety (90) days aft~r such claim~nt's p~rformance
of the labor or complete delivery of materIals and supplies, deliver to the
Principal written notice of the performance of such labor or delivery of
such material and supplies and the nonpayment therefor.
After the expiration of one (1) year from the performance of the labor or
completion of delivery of the materials and supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by any
law controlling the construction hereof such limitations shall be deemed to
be amended so as to be equal to the minimum period of limitation
permitted by such law.
2.
3.
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.
The Surety represents and warrants to the Owner that theyl/Jave . Best's Key
Rating Guide General POlicyhOlder's rating of" t! " and
Financial Category of "Class '/....1 ".
F.
00620-2
04-004.77
IN WITNESS WHEREOF, the above boundi<!.patties executed this instrument under
their several seals, this day of ~tt' 14 1987 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:
WITNESSES:
( Affix
(Seal
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..!
Vice - President
Ti tie
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Business Address
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City / State
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WITNESS:
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PANY
(Affix
(Seal
~,
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ity State (
Name of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDt\
2600 DOUGLAS ROAD . .
CORAL GABLES, FLA. 33134
P. O. BOX 143800
CORAL GABLES, FLA. 33114
TELEPHONE: 448-2211
00620-3
04-004.77
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
//? // /1/((/!.,2
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that Walter R. Brewer 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.
-;;u.iJ! < i., " "
Secretary 1/
Corpora te
Seal
STATE OF FLORIDA )
ss
COUNTY OF_DADE)
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
FIDELITY AND DEPOSIT COMPANj
OF MARVLAND.
and that he has been authorized by
POWFR OF ATTORNEY ATTACHED
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
SEP 14J987
~bkd. ~a~
Notary Public
State of Florida-at-Large
Notary Public State of Florida at Large.
My Commission Expires: My Commission Expires Aug. 19, 1988.
, 19_, A.D.
(Attach Power of Attorney)
END OF SECTION
00620-4
04-004.77
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AR THUR J.. GALLAGHER &: CO.
P.O. Box 02-5288
Miami, FL 33102-5288
(305)592-6080
"HIS CERTIFICATE S iSSUED AS A MATTER OF INFOf<MATlON CNl', ANI; CONFEil~
40 RICiHTS UPCN r iE CERTIFICATE "fOLDE"1. "HIS CE~TtFICATE (K.)ES '10":' M,F.':
::xTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES SEUW.
COMPANIES AFFORDiNG COVERAGE
INSURED
COMPANY A
LET~~enational Surplus..hines_lBs. Co~____.____..
Cor4PANY B
LET TER
The Brewer Company of Florida
9801 NW 106 Street
Miami, FL 33178
CO~'PANY C
LETrER
CO~'PANY D
LETrER
CmlPANY E
LETrER
. .
THIS IS TO CERTIFY THAT POUCIES OF NSURANCE LISTED BELOW HAVE lEEN ISSUED TO TrE INSURED NAMED ABOVE FOR THE POLICY PEPIOD INDICA r: II
NOTWITHSTANDING ANY REQUIREMEN1. TERM OR CONDITION OF ANY CONTRACT OR OTHE~ DOCUMENT W'"'"H RESI'ECT TO WHICH THIS CERTIFICATE 1/';.11
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE I'OLICIES DESCRIBED HEF'EIN IS SUBJECT ro ALL THE TERMS, EXCLUSIONS. AND C( kll
TIONS OF SUCH POUCIES,
TYPE OF INSURANCE POLICY NUMBER
POLICY ,FFE< TIVE
DATE IMMIO[ iYY)
POLICY I XPIRA nON
OA TE (~, IMlODIYY:
L1t,BILlTY LIMITS IN THOUSAHJ
EAC-I i -
OCCURRE~C: _~~':~ E
GENERAL LIABIUTY
COMPREHENSIVE FORM
PREMISEs/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD 531-000522-9
PRODUCTS/COMPlETED OPERA nONS
CONTRACTUAL
INDEPENDENT CO~TRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
8/27H7
8/27/88
i
!$
-----t- -
PROPfRTY I
DAMAGE $ $
$500,p;'::- - _.. -
BI & PO 4.. (
COMBI'lEO "Ie agg.
BODll'
INJUR f
$
AUTOMOBILE UABIUTY
ANY AUTO
ALL OWNED AUTOS (PRIV PASS)
ALL OWNED AUTOS (OTIiER TIiAN)
PRIV. PASS.
HIRED AUTOS
NON-DWNED AUTOS
GARAGE LIABILITY
5:~ 1-000522-9
80llIlY
INJURY $
(PEA PE~SONI
8/27 n7 8/27/88 800Il y
INJURY $
!PEA ACCiDENn
PROPERTY
DAMAGE
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABlUTY
+
i
j
i
EXCESS LIABlUTY
UMBRELLA FOAM
OTHER THAN UMBRELLA FORM
OTHER
ST A TUTORY
-r--"---,----- ..-.
$
$
$
(EACH ACCiOENn
(DISE!\SE.POlICY LIMIT
- --- .'"-.
(DISEASE-EACH EMPl.:r.. 'oEI
DESC.BIPTION OF OPERATlONSlLOCATIONs/\ EHICLESlSPECIAL ITEMS
Plantation Key Roads II Project #04-004.77
and Jernigan
Additional Insured - Post, Buckley, Schuh
NAME AND ADDRESS OF SERViCE COMPANY
THIS CERTIFICATE IS ISSUED AS A. MAriER at: ;~FORMAnON ONL"y' .AND CONFE.gS ~~o R!Gf-lTS '.JPC';j '7"HE c.:EPTiFiC~,TE <-,C!...CER
THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFI=ORDED 3Y THE cCUCI~S L:STED BELOW.
Certificate of Insurance
~
HILL RICHARDS AND COMPANIES,
2bO WEKIVA SPRINGS ROAD
P. 0. BOX 1950
AltAMONTE SPRINGS
INC.
I COMPANIES AFFORDING COVERAGES
I
IC~~;~Y A FLA. tRANS. 8L.DRS.
-
ASSOC.
SIF
FL3210I-GOOO
fhis 15 to certity that poiicies of insurance listed below have been tssued to the insured named above 'or the polley 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 descnbed nereln is subject to all the terms. eXC!LiSlons and
:onditlons at sue" poliCIes.
I CCMP,A.NY B
I U::1iER
COMP,A.NY C
LETTER
COMPANY D
LEITER
COMP.c,f\lY E
LETTER
NAME AND ADDRESS OF INSURED
THE BREWER CO. OF Fl,
6REWERCOTE ASPHT PROD, W&B TRK
9801 NW l06TH ST.
COMPA.NY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EFFECTIVE DA TE
POLICY
EXPIRATION DATE
limits of liability in Thousonds (000)
EACH
OCCURRENCE
AGGREGATE
GENERAL LIABILITY
BODILY INJURY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
EXPLOSION AND COLLAPSE
HAZARD
UNDERGROUND HAZARD
PRODUCTSlCOMPLETED
OPERATIONS
CONTRACTUAL
BROAD FORM PROPERTY
DAMAGE
INDEPENDENT CONTRACTORS
PROPERTY DAMAGE
BODILY INJURY AND
PROPEQTY OAMAGE
COMBINED
PERSONAL INJURY
PERSONAL INJURY
AUTOMOBILE LIABILITY
OTHER
BODILY INJURY
(PER PERSON)
BODILY INJURY
(PER ACCIDENT,
~ COMPREHENSIVE FORM
OWNED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
PROPERTY DAMAGE
EXCESS LIABILITY
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
8 UMBRELLA FORM
OTHER THAN UMBRELLA
FORM
BODILY INJURY AND
PROPERTY D.o.MAGE
COMBINED
WORKER'S COMPENSATION
and
EMPLOYER'S LIABILITY
~tAtE
I
:EACH ACCIDENT'!
OF FlORlqA/FlORIOA
I
I
EMPLOYEES
I
I
I
ONLY'
A-47401
DESCRIPTION OF OPERATlONSiLOCATlONSNEHICLESiSPECIAL ITEMS
Plantation Key Roads I, Project No. f 04-004.77
Additional Insured: Monroe County and Post,Buckley, Schuh & Jernigan, Inc.
Cancellation: 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 below named certificate holder, but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representatives.
NAME AND ADDRESS OF CERTI FICA TE HOLDER
Monroe County Public Works Department
500 Whitehead Street
Key West, FL 33040
ISSUE DATE 8i
>"\
AUTHORIZED REPRESENTATIVE
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
COUNTY of:i4rDe ) ss
KNOW ALL MEN BY THESE PRESENTS that niE. BREWER COMPANY OUl~DAA INC.
as Principal, hereinafter called Contractor,
and FIDELITY AND DEPOSIT COMPANY as Surety hereinafter
OF MAR"fLAN 0 '
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereinafter called Owner, in the amount of One Hundred Si xteen Thousand Ni ne
Hundred Forty Three Doll ars and Fi fty Cents ~ ($116,943.50) 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 September
entered into a Contract with Owner for:
, 1987,
ROADWAY IMPROVEMENTS
PLANTATION KEY ROADS I
BAY VIEW DRIVE, PALERMO DRIVE, PALO DE ORO DRIVE, VALENCIA DRIVE,
LEONI DRIVE, SAN REMO DRIVE, WOODS AVENUE, REDWING ROAD
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
ref erred 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
04-004.77
Power of Attol ney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OHIO. BAI. TIMOtt. MO.
KNOW All MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY or MARYLAND, a corporation of the
Stat~of Maryland, by C. M. PECOT, JR. , Vice-President. and C. W. ROBBINS ,
AIsistant Secretary, in pursuance of authority granted by Article VI. Section 2, of the By. Laws of .aid Company, which
reads as follows:. '
.'The Ch.arm.n of Ihe Bo.rd. or Ihe Presidenl. or .ny Execulive Vice.PreSldenl. or .ny of Ihe SeDlor Vice.Pre.idenl' or Vice.Preaidenl'
apeca.lly .ulhorlZed ao 10 do by Ihe Bo.rd of Direclon or by Ihe Execulive Comm'lIee. .h.1l have power. by .nd wllh Ihe concurrence of ahe Secrelary
or .ny one of Ihe A..i.l.nl Secrel...... 10 .ppoinl Re.idenl Vice.Pr..idenla. A....I.nl Vice.Preaidena. .nd Allorneya.in.r,cl" Ihe bu.inell of Ihe
Comp.~y m.y r~uire. or 10 ,ulhorize .ny penon or perllOn. 10 execule on bt,h.lf of Ihe Comp.ny .ny bonda. undert.ki..... reco.niaance..
alapul.llon.. pohc.ea. conlracl.. ....eemenl.. deeda. .nd rele_ .nd ..Aip...enl. of ludl'menl.. denee.. mortll..es and in.lrumenla in the nature of
mortll..... . . . .nd 10 .ffi. Ihe se.l of Ihe Company Iherelo."
And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company,.. fully and amply, to all intents and purposes, as if they had been duly executed and acknowleqed by the
resularly elected officers of the Company at its office in Baltimore. Md., in their own proper persons.
This power of attorney revokes that issued on behalf of R. Leslie Cizek. Jr..
eta!. dated, February 16, 1983.
11le Mid ANi.tant Secr.tary does h.reby certify th.tthe .forepiflll ia .true copy of Article VI. Section 2. of Ihe By.Law. of aaid Company. .nd i.
now in force.
IN WITNESS WHEREOF, the said Vice. President and Assistant Secretary have hereunto subscribed their n..mes and
.mxed the Corpor.te Se.1 of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ........22nd................d.y
of ...............J.Muar:,y:........................ , A.D. 19.85....
FlDEUTY AND DEPOSIT COMPANY OF MARYLAND
B,u_mu_u__e.ttJ~___m
Yice.PrcMdenl
A lTEST:
n 0-) f?~
......\.........................................................................-...--......
ST4TE 01' MARYLAND ~
CITY or BAL T1MOIII i 55:
On thia 22nd day of January . A.D. 19 85 . before the aubacriber.. Not.ry Public of the St.te of Maryland. in
and for the City of Bahimor.. duly co...millioned and qualified. came the above.n.med Vice. President .nd Alliat.nt Secretary of the FlDDlTY AND
DU'OISIT COM'ANY or MAlYLAND. to me perllOnally known to be the individual. and offic.ra deocribed in .n.-I who executed the precediflll in.tru....nt.
and Ih.y ..ch .cknowledpd the execullon of th. aame. .nd beiflll by m. duly awo~n. ..verally .nd e.ch for hi.....lf depo..tb .nd aaitb, th.tth.y ar.
the aaid officen ofthe Company .foreaaid. .nd that the _I.m.ed to Ihe precedlllll Inllrumenl'.lhe Corpor.t. Seal of aaad Company. .nd th.tthe
Mid Corporate Se.land their a;,n.turea u such oWcera were duly .ffi.ed .nd aubsc..bed 10 Ihe lIid inalrument by the .uthorily .nd direction of the
aaid Corporation.-
,> Tan""", ............m .:;:.... -, hood Md .m...., O'-~~I Sool. E~ ~"'-~.... do,...,... fi~...... ~"M.
/_....,\. ....../,... ...~~e_ ..................
:\ - i: Not'ry Public CO.:~~.~pires ..July...l....198.6.
.....~'c...
,,:.;;,,:-;. CERTIFlCA TE
I. the unders;,ned, ANi.tant Secretary of the FIDWTY AND Dt:POSlT CoM'ANY or MAlYLAND. do hereby certify that the orifinal Power of
Anorney of which the for.oiflll ia. full. true and correct copy. i. in full forc~ ~nd eff~t on the date of thi.. certificate.; .nd I do furth.r certi~y thatth.
Vice.Pr..ident who executed the aaid Power of Anorn.y wu on. of the addltlon.1 Vace-Presaden.. .pecaally .uthorlzed by the Board of Darectorato
.ppoint any Allorney.in.F.cl aa provided in Articl. VI. Section 2 of th. By.Lawa of the FlDWTY AND DD'osrr COM'ANY or MAlYLAND.
1fti. Certificate m.y be aitnr.d by f.nimil. und.r .nd by .uthority of the followiflll relOlulion of Ihe Board of Directora of the FIDELITY AND
DD'OSrr COM'ANY or MAIlYLAND.t. mectin. duly called and h.ld on th. 16th day of July. 1969.
RESOLVED: "1ftattb. fac.imil. or mechanicaH)' reproduced lifnatur. of~)' Allilaant Secr.tary of Ihe COm.....y. w~et~.r IIlade h.r.tofor. or
h.rea'ter. wh.rever .ppearinll upon a c.rtified copy of .ny ffw.r of .norn.y 1"Ued by Ih. Company, aball be valid .nd bindaflll upon tb. Company
with th. ..me force .nd effect u tbo. _uaIl, affilled. '
IN TEsTIMONY WHuror. I hav. b.r.unto IUbecribed aD)' _. and affilled th. corporat. Mal of Ih. aaid Company. thi. ...................... da)'
AuUI4nl Secreldry
of .... ............ ............ -SEp..j- '4...19d'.........
U-'-CII. -0)0-2013
FOR YOll H. PROTECTION LOOK FOn TI IF F,\ I) ,
I I i' \ I . I: I