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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: /r :/(; r.\' ~ / f ( i' I.~I ,/ /)). j/ /.h(.( /1> Z (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 ,/1:'(1 -i.' /: -(.-I . '}/ Title c?; ,I I,J[',; ;0/ . (..l . Business Address . I . r . /''7/ /YIJJ / /',Ll/:// 1;)1) City 'State /((r c~;7;((:/ ;/ . 22,'79 _ ) ~_) /' f L WITNESS: (;ait2L t:L ~~~~) SURETY: FIDELITY AND DEPOSIT COMPANY Of. MARYLANQ t urety ( Affix (Seal B~ Addr~ ~ ~ku.,~ I ~ 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 ,##I)<.{.< L ,.; 1/ ..! Vice - President Ti tie i j~>1 ~,':,:{;, /(' Business Address ..;2//ft:(E.F . ) ,~//" . '. ,1 /)/// /)1/'[(/:./ LY~ City / State ,,/ -?>~'<-,~~ /' '-.- ... WITNESS: ~.(~ PANY (Affix (Seal ~, ~ J~ 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 ~1'l\l~t::r'l~:!.'~...~.. ~ ~.l:+J~".. ',J .,:;., .._"u'i;;~.'/ ~V1 ~, "' !!;; 9.'2 :l137 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