09/22/1981
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CONTRACT
nus AGREEMENT ,made and entered into this 22n<\iay of' .. Sep t,'ember ,
19~, A.D., by and between Monroe County, Florida, party of the first part
(h~reinafter sometimes called the "Owner") and The Brewer Company of
Florida, rnc. , party of the. :econd part (hereinafter sometimes
called the "CoPtractorlt).
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 perfor.m all of the work shown on the
Drawings and described in the Specification entitled:
PAVING, GRADING AND DRAINAGE IMPROVEMENTS
OLD 4A ROAD - LITTLE TORCH KEY
MONROE COUNTY, FwRIDA
as prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the
Contract Documents entitled the Owner's Engineer, and shall do everything re-
quired by this Contract and the other Contract Documents.
ART I CLE 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 Con-
tract Documents, the aggregate amount of this Contract is the sum of
Three Hundred Forty-five Thousand Ninety-nine and 55/100 Dollars [4:~45. 099.55 ].
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 wo'rk with faithfulness and
diligence and shall -complete the work not later than 120 calendar days after
receipt of Notice to Proceed~
ARTICLE 4 CONTRACTOR' S ACCEPTANCE OF CONDITIONS
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The Contractor hereby agrees that he has carefully examined the surface
of the site and has made sufficient test holes, or other subsurface investiga-
tions to fully satisfy himself that such site is a correct and suitable one
for this work and he assumes full responsibility therefor. The provisions of
this Contract shall control any inconsistent provisions contained in the spec-
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ifications. All Drawings and Specifications have been read and carefully con-
sidered by the Contractor, who underatands the same and agrees to their suffi-
ciency for the work to be done. It i. ~xpressly agreed that under no circum-
stances, conditions or' situations shall this Contract be more strongly
construed against the Owner than against the Contractor and his Surety.
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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 Con-
tract 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 Spec-
ifications. 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. Fail-
ure 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 re-
cover the reasonable cost of such replacement and/or repair from the Contrac-
tor and/or his surety, who shall in any event be jointly and severally liable
to the Owner for all damage, loss an~ 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 Con-
tract 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 One Hundred Dollars 1~100.00] 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 ~f such default by the Contractor.
b. For the purposes of this Article, the day of final acceptance
of the work shall be considered a day of delay, and the scheduled day of com-
pletion of the work shall be considered a day scheduled for production.
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ARTICLE 6 PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the General Condi-
tions, 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
per~ent [lOX} 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 specifica-
tions have been furnished and are found acceptable by the Owner, final pa~nt
on account of this Agreement shall be made within sixty [60} days after Com-
pletion 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 he 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.
ARTICLE 8 CONTRACT DOCUMENTS
The Contract Documents, as stated in the Instructions to Bidders and at-
tached 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 - 11 Plan & Profiles
12 - 21 Cross Sections
22 Details
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
day and date fir~above written in three (3) counterparts, each of which
shall, without proo"Y or accounting for the other counterparts, be deemed an
originalContract.*
Approved as to correctness of form:
Attorney
Signed, Sealed and Witnessed in the
presence of:**
Board of County Commissioners
Monroe County, Florida
Party of the First Part
a
1.
Attest: n
~~. :..:. ~ -In. (' ~
~
lph . Whi te
Clerk of the Board of
County Commissioners
[Seal]
The Brewer Canpany of Florida., Inc.
par~}'r~art
By:~!ff\-
Assistant, W.R.Brewer
V ice - President
Title
Att~......
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G.R.Ga~nes
As s't. Secretary
[Seal]
[*] In the event that the Contractor is a' Corporation, there shall be
attached to each counterpart a certified copy of a resolution of the
Board of, Directors of the Corporation, authorizing the officer who signs
the Contract to do so in its behalf.
[**] Two witnesses are required when Contractor is sole ownership or partner-
ship.
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401-002.11
C E R T I F I CAT E
(Sample)
STATE OF FLORIDA )
s~
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of
The Brewer Company of Fla., Inc ., a corporation under the laws of the
State of Florida , held on March ] h
was duly passed and adopted:
, 1929, the following resolution
"RESOLVED, that Walter R. Brewer , as
Ass I t- Vi C"'p- President of the corporation, be and he is
hereby authorized to execute the Contract dated
22 Septembex; 1981, 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 corporati~n this
22ndday of ~
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G. R. Ga ine s , Secretary
, 19i1.
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401-002.11
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Lumbermens Mutual Casualty Company
(A Mutual Insurance Company)
Home Office: Long Grove, Illinois 60049
It"empeR
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Public Work - State of Florida
PERFORMANCE AND PAYMENT BOND
BOND NO.
KNOW ALL MEN BY THESE PRESENTS,
That we, THE BREWER COMPft.NY OF FLORIDA, INC,
as Principal and LUMBERMENS MUTUAL CASUALTY COMPANY, as Surety are bound to
/JJ tJAJ AJOc
CC/c;J1J TY , FL.o~[ DA-
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herein called Owner, in the sum of T#A!.EE //V..uD!2.E D F(JltjY Fit/E
A)llJrY AJ/JJ5 ~ SS- //~CJ
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Dollars for the payment of which we bind ourselves,
our personal representatives, successors and assigns, jointly and severally.
WHEREAS, principal has entered into a contract dated SEP 2 2 1981
Owner for MI//'(}6" j)~/,uAGE r- G~Af);A/c; tr'J~i)
ro~CH l<.Ev
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,19 with
~A ,tJt0AD ii,'TrLE-
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. performs the contract at the times and in the manner prescribed in the contract and
2. promptly makes payments to all persons supplying Principal with labor, materials, and supplies, used directly or indirectly
by Principal or subcontractors in the prosecution of the work provided for the contract as prescribed by section 255.05,
Florida Statutes, provided that:
No suit or action for labor, materials or supplies shall be instituted hereunder against the Principal or the Surety unless both
of the following notices have been given by any claimant:
"A claimant, except a laborer, who is not in privity with the Principal and who has not received payment for his labor,
materials or supplies shall, within 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 the bond for protection; and
A claimant who is not in privity with the Principal and who has not received payment for his labor, materials or supplies shall,
within 90 days after performance of the labor or after complete delivery of materials or supplies, deliver to the Principal and
to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment.
No action shall be instituted against the principal or the Surety on the bond after one (1) year from the performance of the
labor or completion of delivery of the materials or supplies."
3. pays Owner all loss, damages, costs and attorneys fees that Owner sustains because of default by Principal under the con-
tract and
fAH48-J I-811M
Printed In U,S.A
4. performs the guarantee of all work and materials furnished under the contract applicable to the work and materials, then
this bond is void; otherwise it remains in full force.
The provisions and limitations of section 255.05, Florida Statutes, are incorporated in this bond by reference.
SIGNED, SEALED AND DATED this
OCT 1 5 1981
day of
,19_.
STATE OF FLORIDA PUBLIC
WORKS RIDER ATTACHED
INC.
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IUorl'. '01' I'IIU'ONW'CJ: , 1'^YIIur1' DOli/)
PV~LIC WORk - 8T^TE or rLORIO^
MJaNJIT ..dl thla -.OCT 1 5 1981' 'IY of
11 _, betwe.n .1HE RRFVVfR COMPANY OF FlORIDA,t INCr-
(ber,indlel' called tha -PlINCJPAL-. and UJMBERMENS MUTUAL CASUALTY CO.
(herdnafter calle. the "'URETY-) and /)JtJV/CL/E C&.~..f/Y; r~
,
Cbereinaft~ O8lled the -ONN&a-) .
"SQAI, on day of , l'
thl pal'tie. bereto.n r n 0 e.. or.anca and PI"lnt lond, a copy---
wh.reof ia ~.I'.to .ttached ead incorpor.t.4 h.r.ln by rlfar.nca, an4
WlEIEAI, .ald partl.. have a,r..d to add clrtaln t.rae to .ald
..rfor..no. an' .ay.ent Iond to confor. with Floridl Itltut.. 255.05,
NOW, ~w&AErOAE, it 1. a,r... thlt tb. Illd Plrfo~ncl and .av-ent
.ond i. h.reby chan,.. .0 a, to provide that I
NO .ult or action for labor, ..teriall or lupplll. .hall bl In.titutld
h.r.undor a9ain.t thl Principal or th, 'ur.ty unl... both of thl rollov11l~
actlo.. h,va blln vivln by any clai.antl
"A olai~t, "cept a l,borlr, who 1. not In pr1vity with
th. PrincipII and who ha. not rlcliv.. pIYMlnt for hi. labor,
..teriall or ,uppli.1 .hall, with .5 dlY' aft.r b.~innJn9 to
furnllh labor, ..t.rlal1 or lupplie. for the pro..cution of
tb. work, furni.h tha rrlneip.l with a notlca thlt hi intend.
to look to tha bond for protaction, and
A claiNant who i. not in privity with the Princirll Ind who hi'
not received plym.nt for hi. Ilbor, ..terill. or .uppll.., .hlll
with1n '0 day. .fter parforaance of the labor or aftar co~pl.t.
delivery of aat.rial. or .uppli.., deliv.r to tha Principal and
to th~ Surety writt.n notice of the perforManca of the labor or
.elivery of the aat.rill. or lupplie. and of the nonplyment.
10 action .hall b. in.tltut.d .,.in.t the Principal or the .urety
on the bond after ona (1) y.ar frOM the rrfOrMancp of the l.bor
or coapl.tion of delivery of the ..taril or .upp11....
It 1. tb. .xpre.. .gr....nt thlt 'II other ter.l, condition. and
'tipul.tion. contained in the 'aid P'rformlnc. an4 Paym.nt Bond Ihal1
r...1n 1ft full forc. and .ff.ct and without any changa or ~o,!ificltion.
what.oevar, .xcapt only.. to the addHion., .. .bove rrovldc1.
THE B~~~~I~~; I~ IPr!ndpall
w. rewer, 55 't. ViCeJl'~5 ident
Acc:eptoCll
(Olmcr)
BY
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.J.' ^,~".~.t.fll!!l!illl'f"'....-
LUMBERMENS MUTUAL CASUAL TV 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.; Linda Grimsley; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan;
John K. Pepper; Peter T. Pruitt; James H. Waters; of Coral Gables, Florida (EACH)************
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its true and lawful agent(s) and attorney(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, 1982, unless sooner revoked for and
on its behalf as surety, and as its act and deed: 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 letter 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
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 at its principal office in Long Grove, Illinois.
THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31,1982
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of 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 certified to by the undersigned Secretary or Assistant Secretary as being
in full force and effect:
"VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority
to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company. and attach the seal
of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the
nature thereof, and any such officer of the company may appoint agents for acceptance of process."
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:
"VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com-
pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney
executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such power so executed,
sealed and certified with respect to any bond or similar undertaking to which it is attached. shall continue to be valid and
binding upon the Company."
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officers, this 28th day of April , 19~.
Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY
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By
!)IX/- ~
R.H. lohnson, Secretary G. H. Kasbohm, Vice President
STATE OF ILLlNOIS}ss
COUNTY OF LAKE
I. Martha E. Anderson, a Notary Public, do he'reby certify that G. H. Kasbohm and R. H. Johnson personally known to
me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu-
tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora-
tion and as their own free and voluntary act for the uses and purposes therein set forth.
My.commission expires: February 16, 1984
FA81b-l ?-lID 1M
~ a<t--t t4. t' a-;.-z..e::::iL~,-,
Martha E. Anderson, Notary Public
PRINTED IN U.S.A.
POW{>' -,.f Atfornt'Y- 1 erm
CERTIFICA nON
I, Sven L. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached
Power of Attorney dated April 28, 1981 on behalf of Same as above. ************
is a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certificate; and I do further certify that the said G. H. Kasbohm and R. H. lohnson who executed the
Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the at-
tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casualty
Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and
mens Mutual Casualty Company on this day of
affixed the corporate seal of the Lumber-
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This ~ower of Attorney 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.
,