01/20/1994
SECTION 00500
FORM OF AGREEMENT
This agreement is ~et forth as of the ~ th day of ~in
the year of \l:\q&.f. between the OWNER who is TH BOAR OF
COUNTY COMMISSIONERS of Monroe County Florida; and the following
CONTRACTOR:
Name:
The Brewer Co. of Florida, Inc.
Address:
9801 N.W. 106th Street
Miami, Florida 33178
-7
u
::r
::0 r.
~'.
~
r"/
..~~-.
Phone: (30:5) ?p.:J- 02YdJ3
a
-,~
.t::.
v
~
for the purpose of performing all of the Work requi::ted by cthe
w
Contract Documents for the following PROJECT:
BIG COPPITT KEY ROADS I
Big Coppitt Key and Marathon
Monroe County, Florida
The Project has been designed by MONROE COUNTY ENGINEERING
DEPARTMENT who is hereafter referred to as the
ARCHITECT/ENGINEER and who assumes all duties and
responsibilities and has the rights and authority assigned to the
ARCHITECT/ENGINEER in the Contraet Documents in connection with
completion of the Work in accordance with the Contract Documents.
The OWNER and the CONTRACTOR agree as set forth as follows:
Article 1 - The Contract Documents
The Contract Documents consist of this Agreement, the
Request for Bid, the Conditions of the Contract (General and
Suppl ementary), the Suppl ementary Insurance Documents, the
Special Conditions, the General Requirements, the Technical
Speci fications, the Drawings, and all Addenda issued prior
to and all Modifications issued after execution of this
Agreement. These form the Contract, and all are as fully a
part of the Contract as if attached to this Agreement or
repeated herein. An enumeration of the Contract Documents
appears in Article 7.
10/19/93
FORM OF AGREEMENT
00500-1
Article 2 - The Work
The Contractor shall perform all the Work required by the
Contract Documents for the following Scope of Work:
A. The Scope of Work consists of roadway and drainage
improvements to local subdivision streets in Big Coppitt
Key which includes regrading roadway shoulders, asphaltic
concrete base widening, leveling, resurfacing, striping,
sign relocation and new installation and other related
roadway and drainage improvements as included in the
Technical Specifications. The project also includes the
construction of drainage structures in Big Coppitt Key and
in Marathon as shown on the Drawings and included in the
Technical Specifications.
B. The Contractor shall: provide all labor, supervision,
materials, supplies, equipment, tools, construction
equipment, transportation, inspection, and proper
execution and completion of all Work as specified on
the Drawings and Technical Specifications.
C.
The Specifications contained herein
be the minimum standards required.
comply with all applicable Federal,
and ordinances.
are considered to
Construction shall
State, Local codes
D. This contract is subject to the provisions of Section
255.05, F.S., and those provisions of Chapter 713,
F.S., which are incorporated therein.
E. The County reserves the right to reject any and all
bids in whole or in part and to waive any informalities
or irregularities in the proposal determined to be in
the best interest of the citizens of Monroe County.
Article 3 - Schedule
The CONTRACTOR shall commence Work to be performed under
this Contract no I ater than ten (10) cal endar days from
Notice to Proceed and shall be substantiall y compl eted no
later than one hundred and twenty (120) calendar days from
the Commencement Date. The CONTRACTOR also agrees to be
complete and ready for final payment in accordance with the
General Conditions no later than thirty (30) calendar days
from the Substantial Completion Date. Substantial
Completion shall be determined by the County Engineer.
The OWNER and the CONTRACTOR recognize that time is of the
essence in this Contract and that the OWNER will suffer
11/05/93
FORM OF AGREEMENT
00500-2
financial loss if the Work is not completed within the times
specified above, plus any extensions of time allowed in
accordance with the General Conditions. They also recognize the
delays, expense and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not
completed on time. Accordingly, instead of requiring such
proof, OWN~R and CONTRACTOR agree that as liquidated damages for
delay (but not as a penalty) CONTRACTOR shall pay OWNER fifty
dollars ($50.00) for each day that expires after the time
specified above for Substantial Completion until the Work is
substantially complete.
The OWNER and CONTRACTOR agree that work on the project will be
continuous from the commencement date through to the completion
date. Any demobilization once the work has started requires
prior approval by the OWNER.
Article 4 - Contract Price
The OWNER shall pay the CONTRACTOR for completion of the Work in
accordance with the Contract Documents in current funds in the
following amount subject to unit price actual quantity
variations:
~HREE HUNDRED SEVEN THOUSAND ONE HUNDRED
(WORDS) SEVENTY SEVEN & 90/100
307,177.90
(DOLLARS)
Article 5 - Payment Procedures
The CONTRACTOR shall submit
accordance with the General
Payment wi 11 be processed
Conditions.
Applications
Conditions.
as provided
for Payment in
Applications for
in the General
The OWNER shall make progress payments on account of the
Contract Price on the basis of the CONTRACTOR'S Application for
Payment as recommended by the COUNTY ENGINEER once per month
during construction. All progress payments will be on the basis
of the progress of the Work measured in accordance wi th the
General Conditions and Supplementary Conditions of the Contract.
Payment will be made approximately one (1) month from the
submission of the application if all documentation is complete.
Retention in the amount of ten percent (10%) will be withheld
from each progress payment until final payment is made.
Upon final completion and acceptance of the Work in accordance
with the General Conditions and upon submittal of all closeout
documentation, and compliance with F.S.255.05 and F.S. 713,
OWNER shall pay the remainder of the Contract Price,
including release of retention, as recommended by the
COUNTY ENGINEER.
10/19/93
FORM OF AGREEMENT
00500-3
Article 6 - Contractor's Representations
In order to induce OWNER to enter into this Contract,
CONTRACTOR makes the following representations:
1. CONTRACTOR has familiarized himself with the
nature and extent of the Contract Documents, Work,
s.ite, 'locality, and all local conditions and Laws
and Regulations that in any manner may affect
cost, progress, performance, or furnishing of the
Work.
2. The CONTRACTOR has studied carefully all reports of
explorations and tests of subsurface conditions and
drawings of physical conditions which are included
in the Contract Documents.
3. The CONTRACTOR has obtained and carefully studied
(or assumes responsibility for obtaining and
carefully studying) all such examinations,
investigations, explorations, tests, reports, and
studies which pertain to the subsurface of physical
conditions at or contiguous to the site or
otherwise may affect the cost, progress,
performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance
or furnishing of the Work at the Contract Price,
wi thin the Contract Time and in accordance wi th
the other terms and condi tions of the Contract
Documents, including specifically the provisions
of paragraph 4.2 of the General Conditions; and no
additional examinations, investigations,
exploration, tests, reports, studies, or similar
information or da~a be or will be required by the
CONTRACTOR for such purposes.
4. The CONTRACTOR. has reviewed and checked all
information and data shown or indicated on the
Contract Documents wi th respect to existing
Underground Facilities at or contiguous to the site
and assumes responsibility for the accurate location
of said Underground Facilities.
5. The CONTRACTOR has correl ated the resul ts of all
such observations, examinations, investigations,
explorations, tests, reports, and studies with the
terms and conditions of the Contract Documents.
6. The CONTRACTOR has given the OWNER written notice
of all conflicts, errors, or discrepancies that he
has discovered in the Contract Documents and the
written resolution thereof by the OWNER is
acceptable to the CONTRACTOR.
10/19/93
FORM OF AGREEMENT
00500-4
Article 7 - Contract Documents
The Contract Documents which comprise the entire agreement
between the OWNER and the CONTRACTOR concerning the Work
consist of the following:
1. Notice of Award
2. This Agreement (pages 1 to 7, inclusive).
3. Public Construction Bond
4. Bidding Documents - Notice of Calling for Bids,
Instructions to Bidders, Bid Proposal, Pre-Bid
Substitutions, Scope of Work, Milestone Schedule
5. Notice to Proceed
6. General Conditions (pages 0 to 31, inclusive).
7. Supplementary Conditions (pages 1 to 6, inclusive).
8. Supplementary Insurance Documents (pages 1 to 12,
inclusive).
9. Special Conditions (pages 1-8, inclusive).
10. General Requirements - Measurement and Payment,
Application for Payment, Submittals, Progress
Schedules, Temporary Controls, Construction Cleaning,
and Post-Bid Substitutions.
11. Technical Specifications.
12. Drawings, consisting of a cover sheet and sheets
numbered -1- through~, inclusive with each
sheet bearing the following general title:
BIG COPPITT KEY ROADS I
Big Coppitt Key and Marathon
13.
Addenda numbers
o
to
o
, inclusive.
14. CONTRACTOR's Bid Proposal (pages 1 to 16, inclusive).
There are no Contract Documents other than those listed above
in this Article. The Contract Documents may only be amended,
modified, or supplemented as provided in the General
Conditions.
11/09/93
FORM OF AGREEMENT
00500-5
Article 8 - Indemnification and Hold Harmless Agreement.
The Contractor covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners from
any and all claims for bodily injury (including death),
personal injury, and property damage (including property
owned by Monroe' County) and any other losses, damages, and
expenses (including attorney's fees) which arise out of, in
connection wi th, or by reason of services provided by the
Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any
tier, their employees, or agents.
The first ten dollars ($10.00) of remuneration paid to the
Contractor is for the indemnification provided for above.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere
within this agreement.
Article 9 - Miscellaneous.
Terms used in this Agreement which are defined in Article 1
of the General Conditions will have the meanings indicated
in the General Conditions.
No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on another
party hereto without the written consent of the party sought
to be bound; and specifically but without limitation moneys
tha t may become due and mDneys that are due may not be
assigned without such consent (except to the extent that the
effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to
an assignment no assignment wi 11 reI ease or discharge the
assignor from any duty or responsibility under the Contract
Documents.
OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other
party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
10/19/93
FORM OF AGREEMENT
00500-6
Article 10 - Other Provisions
In cases of conflict within the described Contract Documents
in Article 7 of this Form of Agreement, the order of precedence
shall be as follows:
1. This Agreement
2. Bidding Documents with all/any addenda
3. General Requirements
4. Supplementary Conditions
5. General Conditions
6. Technical Specifications
7. Drawings (large scale detail drawings over smaller
scale general drawings)
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this
Agreement in quadruplicate. One counterpart each has been delivered
to the OWNER, CONTRACTOR, COUNTY ENGINEER and COUNTY PURCHASING
DEPARTMENT. All portions of the Contract Documents have been signed
or identified by the OWNER and CONTRACTOR or by the COUNTY ENGINEER
on their behalf.
This Agreement will be effective on
~1
~o
, 19!1i..
OWNER: Monroe County B.O.C.C.
CONTRACTOR
of Florida, Inc.
Walter R. Brewer
I President
Attest 0\1/;.,/") ~lf tz::en A. Luecke
/ ~ Assistant Secretary
Address for giving notices
THE BREWER CO. OF FLORIDA INC.
~~Ol r~. .Y. 1Ml" 5TrU~:!!'[
MIAMI, FLORIDA 33178
Address for giving notices
Monroe County Public Works
Engineering Department
SlOO College Road
Key West, FL 33040
****************
END OF SECTION 00500
r~/
r:.~-~o
2.~/1=/9.3
FORM OF AGREEMENT
00500-7
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203
Bond NOh--_.h_h._nh__...___m_
Performance Bond
KNOW ALL MEN BY THESE PRESENTS:
THE BREWER co. OF FLORIDA, INC.
That_ h__ - - - - - - 00 -- - - - h_. - - -- 00 - - - n. - 00 -- - - - _00 - - - -- 00 - 00_ - _ _ 00 _ _ _ 00 00 _. - __ _ _ _ _ _ _ __ _ __ _ ___ 00 00 __ _ _ u 00 _ _ 00 _ _ _ u 00 _ _ _ _00 _ __ 00 00 _ _ _ _ _ _ _ _ __ __ _ 00 _ _ _ _ _ _ _ h _ _ _ _ _ _ 00 _ _ __ _ _ _ _ 00 _ _ _ _ _ _ _ _ _ _ _ ___
(Here insert the name and address or legal title of the Contractor)
----.-~---------._--._------.---.-----------.---.------------------------------------------------------------------------------------------------------------------------------________h___'
as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto----u--~QNRQ-:J;:---~.9.lm.r.XnJ~JJ)3_q_Cu_W_QRKS.__ooh___oo_oo__00_
005-1-00- - .co l-leg.e -- &0 ad y 00 -Key. - -W.e-S-t-,oo -F-L oo.J. 3040- - - - - - - - - - __ _ __ _m __ 00 __ 00 u 00 u - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ __ _ __ 00 _ _ _ _ 00 _ _ 00 _ __ __,
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in the amoun t of 00 -- 00 -!~-~~-~m~.u.~~.R:~~h_~~_"~~___ 'I'I1_~lJ_~_~PU()_~~h _H.lJ~~_~P._ u~~y_~~~X ---~-~y-~~___r\~l?_ __~9_U_9_0
- -. - -- - - - - - - - - - - - - - - - - - - 0- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ _ _ _. _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _. _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ ~ __. _ _ _._ __ _ _.... _ _ _ __ _ _ __. _ _. _ __ _ _..... _ __... _ _.. _.. _ _ _...
Dollars ($-:::-:-3.Q1-,_1].7.,_9.o:-::-:-_oo__oo____________), 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--u--uJ.~I.1y~_rXu_2_~_,_humhu_u_______u____u___l~A____,
. . Big Coppitt Key Roads I
entered llltO a contract wIth Owner fOLum-u--------h--_u_____uu___uu.__uuu__.._uu_________u__m----Uh---UhUh______"__h______UOO__
-. - -.- -. -. -- -. -~. - - - - - - -.. - -. - - -.. --._ _.. _ _ 4 _. _ _ _ __ _ _ _ _. _ _.. _ _ _. _ _ _ _ _. _ _ _ _. _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. __ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _. _ _ _.. _ _ _ _ _. _ _ _._ _. _ _ _ _. _ _, _ _. _ _ _ _ _ _~ _ _ _ _ _ _ _ _ _ _ _. _. _ _. _ _ _ _ _.. __ _ _ ~_ _ _ __
in accordance with drawings and specifications prepared by---uu-..-----uu-u--u----mhu__uu_h_______.._uoouh_______h___uh_
-. - - - - . - - - - -.. - - -. . - _.4. -. -. -. .. - - - - -. - - -. ~ - - - - - -. - -. _ _ _ _ 4 - - - ~ - -. - - - -. _ _ _ _ _ _ _. _ _ _ _ .. _ _ _ _ _ _ _ _ 4. _. _ _ _ . _ . . _ _ _ _ _ _ _. _ _ _ _ _ 4 _ _ _ _ _ _ _ _ _ _ _ _ _. _ _ . 4 _. . _ _ _ _ _.. _ _ _. _ _ _ _ _ _. . _ _ _ _ _ . ~ _ _. _ . _. .. _ _ _ _ _ . _ _ _. _ _ _ ._
(Here insert full name. title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
.. -. - -.. - -- - - - -- -... - -.- - -. -- 4 4 - -. - - - - - - - - - - - - -. _~._.4 - -.. _.4. _.4 - - 4.. - 4 -. - - - - - -.- - ~ - - - - - - -.. _ _ _ _ _~ _ _.. _ _. _ _ _. _ _ _ _ _ _. _ _ _ _ _.. _ 4 _ _ _ __. _. _ _. _ _ _ _ _ 4. _ _ _ 4 _ _ _ _ __. _ _.. _.. _ _ _ _ _. _ _ _ _ _ _ _ _ _. _ _ _ __ __._
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor
shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi-
tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and Owner, and make available as work progresses (even though there should be
a default or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para-
graph, shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiraL;()U of two (2) years from the date on
which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of Owner.
In th:i::,:: :;~Ied thiLnnsec~nduuu~:~~:~~/r::~~I~=u~~~AD. 19~4u.
dJA~..(l.~J~f~.~!....... !....~all][f-;uu;~i~:~'~:;eSl:~::)
~ . FIDELITY AND DEPO~:::COMPAN~OF MARYLA~D
...........~c.~~~~wtG~~~~
Attorney in Fact
L- C309f-
Approved by The American Institute of Architects. A.I.A. Document
No. A-JII February 1970 Edition.
:.......-:.'..........
.:.............,'.
.::'...................:.:.:.:.
~.:,.. ....... . . .. .::. '.;.:.:.;
..;.,'.;.:
.::.......:...............:.:..-.;
.:::...:..........,';...:.:.:.;
..:::..'..............:.:.:-:.;
:..:...............:.;.;.:.:
.-.................,..:-:.;.;
...............:..
A STOCK COMPANY - ESTABLISHED 1890
FideJityandDeposil
omp8l!V
HOME OFFICE
OF MARYLAND
BALTIMORE
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
Tha too_ -THE.-.BRE.WERnc..Q~_..QE__.EL_O.RlD..A~_ _ _IN_C...._ _ __ __h ______ __n__ ___ ___ m__ _m 00 _ _.___0._.___ __n._m_n __00._ _ _.0.__ _"'_ oo _oo _ ____. _. _ __ _ 0.__..
(Hen! in...rt the name and addn!18 or legal title of the Contractor)
:~:
.. .- ....- ..._--....._----.~....._-.......-....._.-..._....-._......-.......--.....-.....-.-....--....-.--.--.--.-......-.---.....--.....,
~-pri~~ip~ij;~;~i~~ft~~-~~ii~~(p~i~~ipal~ and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation
of the State of Maryland, with its home office in the City of Baltimore, Maryland, U.S.A., as Surety, here-
inafter called Surety, are held and firmly bound unto..----J1Q.~~.9.~___~_Q!!B.'!X.__?y_~~.~_~_.~9.~?_._._n._mnh.m__.__
...-..?J-Q.9n.~.9.H-~.g~___B.9.?g_I.._J5..~.Y.___W~.1?_t.1.h_f.1_..n_Q~gmhnm__.n_. .._n__.h_ _ -oo..-m--u---.__nn__.._________n___n_________hn___.hh___
(Hen! in",rt the name and addn!18 or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of -.ooAH-R.t.;~...RlJ_NP.R~P.___?~yt.;~___AH.Q!!_$_@QnQ.~~.}!!!!il?~_~l?h-~~.Y-~~:!'_y..._~_~y_~~_.~~.h~9.!}9_Q______._m_.
(Here insert a .um in at lea.t the amount of orilinal contract price)
Dollars ($::::JQZ.t_Ul.!.9..Q.::::), for the payment whereof Principal and Surety bind themselves, their heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated-..-:L?~~_?..EY.___~gL.___.______.______..____n___.u____.__19_~~.h,
entered into a contract with Owner for.hJ?JKhg~P.P.J:.1;_t.__~~y___~!?_?:~_~._}n______.____.nm.._m..u____u__nn_mum..____nhh.
.- -. --.. -..... ---.. -- -...... - - --.. - --.. - --...._- .........- -....-. -..... ....---- -....- - .....- -.- --.. ----.. .--- -..---. ---.... --- -.... ..-- .....- ....... ..-......--... ..... -....-- ..._-.-... -. ..-......- - -......... -....----.. ._-... ..._-.
in accordance with drawings and specifications prepared by-.----nnmn-mh___._____..__n_h__n___nnmn______._______.m__mh____
..... - - -.. .--. ...-- ~ .....-. ..- -.~ - ...-. - ........ --.....----.... -...--- ..._-. -....-..--.......--..-....- -. -..._-........ - ..... .._. -..- ....... - -...-..- -.--... .._-.... -.... -..--... ---....- -....-. .-... ....-- --- --.. - -.- - --..--. -..-
n ------ - -.---n-.---------n-----mmm-.m----.h--..----.m---(H;~-i;;s~;t.i~ii-~;._,;;;:-titl;.~~d-~dd~~;;inh.---.------un..mn-----n-mh-----h---n---.-hm.'_'_m
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall
promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably
required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as a person supplying the said Principal labor, materials, supplies, or both,
used directly or indirectly by said Principal, subcontractor, or sub-subcontractor in the prosecution of the
work provided in said Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days
after the date on which the last of such claimant's work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal, shall have (1)
served, not later than forty-five (45) days from commencing to furnish services or materials, upon the
Owner written notice setting forth the claimant's name and address and a description of the nature of
the services or materials so furnished, in the manner prescribed by Sections 713.23, 713.06(2) and 713.13
of the Mechanics' Lien Law, Florida Statutes, unless such claimant is a laborer; and (2) delivered, within
ninety (90) days after performance of the labor or after complete delivery of materials or supplies, to
the Principal written notice of such performance or delivery and the non-payment therefor, stating with
substantial accuracy the amount claimed and the name of the party for whom the work or labor was
performed, or to whom the materials or supplies were furnished.
(b) After the expiration of one (1) year from the performance of the labor or completion of delivery
of the materials or supplies.
4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in
good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record
against said improvement, whether or not claim for the amount of such lien be presented under and against
this Bond.
5. The Surety shall not be entitled to the defense of pro tanto discharge as against any claimant because
of changes or modifications in the said Contract to which the Surety is not a party, provided that the liability
of the Surety shall not be increased beyond the penal sum of this Bond.
Signed and sealed this-------.2Jld_____n_____mn____._____m______n._..mday oLf.~1?IY_~EY_.m_.____.__...n.__h_..A. D. 19?~____
In the presence of: [
/. I ..., ( ~! THE BREWER _ 0: .n~---~~.~~.~-~~-~___~~~:_.___h__h_(SEAL)
<t!!.ll Uc. d~. t:)}.~t.tt/U Principal
v .. ......;i............ .............................................. :..~~~:t~r..~.. .6r~wer........-.......T~;.......p;~~ide~t.....
I FIDELITY AND DEPOSIT COMPANY OF MARYLAND
JJ~....................... ~:r~~;.:z.~~...~~EAL)
FLA7129a-1M,8-73 193727 Atftorney in Fact
.....-._'...~:.:....,.-
.--~-
.......:.:.:.:.:.....
-- .
- ....
--
- a,.;'
-.:.;...-..............
-~...
......;.,'.'.:.:.:.:.:........:
~-...,..:.:.;..'.'.x.:.:.:.::_....::-
-~-- ..':.:.;......:.:.:-:.:......~..:
--
-"'. ...
....:.s.......:.:..:~
. _._.
"--. ". ----.....
:.:........:.:.:.:.:..:.......;: .~-~..::.:.:.:.........:.:....
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. BALTIMORE. MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint D. W. Matson, III and John W. Charlton,
both of Miami, Florida, EACH............................................................
behalf as surety, and as its act and deed:
........................ .
n t e execution of such bonds or undertakings in pursuance e as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly exe d ackno by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper persons ~ S pow~ attorney revokes that issued on
behalf of D. W. Matson, III, ~ated M~ ' 199~~ '. '.
The said Assistant Secretary does hereby certify that jl:) tract set fo~~ reverse Side hereof IS a true copy of Article VI, SectIon
2, of the By-Laws of said Company, and is now in (. ~~
IN WITNESS WHEREOF, the said Vice-Presid Assistan tary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND DE MPANY ~] ARYLAND, thiL_____________-L9J~!L_____________________________day of
_________~Q_Y..~~Q_~_~____________, A.D. 19_9...J_ ~ A~
Ero~~~ANY OF :YLAN~-J
Assistant Seen Vice flswent \
STATE OF MARYLAND ~. ~
COUNTY OF BALTIMORE ~ SS. ~
On thiL1~_~_h____day OL__J~g_yg!!1J}_~L__~.D. 19_.9-3., before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
. I J ,/
ooOLi--F;:~7r~N;;.-;;p;;;j;;
My Commission Expires___________________AJ!gltiiLLl22Q______________
CERTmCATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
REsOLVED: ''That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ___?!:l.c!___
day oL---E.ehruar)l___________________, I 99.fL.
L1428c -030-2074
~~
---------------------- -------- - ---------------------------------------
Assistant Secretary
At:t.IUI.. CERTIFICATEOF..INSURANCE EDF 03506 ISSUE DATE (MM/DD/YY)
n 02/04/94
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
wON WORTH CROW INS GROUP DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
P. O. BOX 14-1916 COMPANIES AFFORDING COVERAGE
:ORAL GABLES FL 33114-1916
COMPANY A NORTHERN INSURANCE CO OF NY
LETTER
COMPANY B AS SOC GENERAL CONTRACTOR
INSURED LETTER
~REWER COMPANY OF COMPANY C ApPROVtV IH !l:I;'II\ MRN"\.,r...r.1'I1
FLORIDA INC LETTER { l CJriJ n () /'\
9801 NW 106 ST COMPANY D V'- I( cfl
~IAMI, FL 33178 LETTER ft...... ~()
COMPANY ... ,~
E Nil -x:
LETTER W4IVr~ YES
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICAtE MAY BE ISSUED OR MAY PERTAI~ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POll IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
0 POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER ~ATE LIMITS
TR (MM/DD/YY) DATE (MM/DD/YY)
!:\. GENERAL LIABILITY BINDER9680 01/01/94 01/01/95 GENERAL AGGREGATE $ 1, 000,00
~"'""- "''''"' "M"'" PRODUCTS-COMP/OP AGG. $ L 000.00
LAIMS MADE [KJOCCUR PERSONAL & ADV. INJURY $ 1, 000,00
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,00
K Exp1osion,Collapse, Underground Hazards FIRE DAMAGE (Anyone fire) $ 50 00
included MED. EXP. (Anyone person) $ 5 DOC
1-\ AUTOMOBILE LIABILITY BINDER9681 01/01/94 01/01/95 COMBINED SINGLE
r---
L ANY AUTO LIMIT $ 1, 000, DOC
ALL OWNED AUTOS BODILY INJURY
r---
SCHEDULlED AUTOS (Per person) $
X HIRED AUTOS Received BODILY INJURY
K NON-OWNED AUTOS Risk Mg nt. & Loss Co trol (Per accident) $
-
GARAGE LIABILITY
- DATE :l-IO-,"I PROPERTY DAMAGE
$
EXCESS LIABILITY INITIAL ~ ole.. EACH OCCURRENCE $
~~MBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM
B WORKER'S COMPENSATION 8801290 01/01/94 12/31/94 I STATUTORY LIMITS
EACH ACCIDENT $ 500,00
AND
DISEASE-POLICY LIMIT $ 500,00
EMPLOYERS' LIABILITY
DISEASE-EACH EMPLOYEE $ 500,00
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS
PKG,WC,AUTO 94 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
~AMED AS ADDITIONAL INSURED IN RESPECTS TO: BIG COPPITT KEY ROADS I
~DDITIONAL INSURED DOES NOT APPLY TO WORKERS COMPENSATION
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MONROE COUNTY PUBLIC WRK MAI~~RITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
5100 COLLEGE ROAD LEFT, BUT FAir' ,._ ,. I MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
KEY WEST FL 33040 LIABILITY OF PiN; KIN~ THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
'"-~~ ----.
ACORD 25.S(7/9O) @ACORD CORPORATION 1990
April 22. 19'J.l
III l'rinlill8
MONROE COUNlY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
General Insurance Requirements
for
Contractors and Subcontractors
Prior to the commencement of work governed by this contract (including the pre-staging
of personnel and material), the Contractor shall obtain, at his/llcr own expense, insurance
as specified in the attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Sub-
Contractors engaged by the Contractor. As an alternative the Contractor may require all
Subcontractors to obtain insurance consistent with the attached schedules.
The Contractor will not be pennittcd to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the. County as specified below. Delays in the
commencement of work, resulting from the failure of the Contractor to provide
satisfactory evidence of the required insurance, shall not extend deadlines specified in this
contract and any penalties and failure to perfonn assessments shall be imposed as if the
work commenced on the specified date and time., except for the Contractor's failure to
provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in any attached schedules. Failure to comply with
this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the Contractor to maintain the required insurance shall not extend
deadlines specified in this contract and any penalties and failure to perfonn assessments
shaH be imposed as if the work had not been suspended, except for the Contractor's failure
to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence ofthe required
insurance, either:
· Certificate of Insurance
or
· A Certified copy ofthe actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract. '
All insurance policies must specif} that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the Contractor's insurance shall not be construed as
Administnllive Instruclion
1f4709.1
.suP p ~:::~1~!'r~ ::..~~ -.::'" : ~i ,-=:;~ ?~ ~'i I~' -.:.. JO'~~jIf.:..rl':' ~
-, ("'I :-: n ,~~ - ~
April 22. 1993
11I1'rinling
relieving the Contractor from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as" Additional Insured" on all policies, except for Workers' Compensation.
In addition, the County will be named as an Additional Insured and Loss Payee on all
policies covering County-owned property.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared fonn entitled "Request for Waiver of Insurnnce Requirements"
and approved by Monroe County Risk Management.
Adminilltralivc lnstruc:tioil
#4709.1
'.... . -:. r: , c; ":!:
- -' _.~
SU?F L E}!E::'l'I' :1.:::[ -=:; .s7~::.';N C:: JGCijMENT S
i\pril22. 199:1
III l'rinling
MONROE COUNlY, FLORIDA
INSURANCE GUIDE
TO
CONTRACT ADMINISTRATION
Indemnification and Hold Harmless
for
Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Commissioners from any and aU claims for bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any otller losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of the Contractor or its
Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnifY the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to tile Contractor is for the indemnification
provided for above.
The extent ofliabiJity is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
J\dministnlivc Jllltruction .
04709.1
o 7'::'? /93
3UPP!.EME:iTAi".-i Il'jSUEAi'rCE "JOCUMENTS
')0 ::OC -:
April 22. 199.1
III l'rinting
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMIITING PROPOSALS
FOR WORK
To assist in the development of your proposal. the insurance coverageS marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal.
\\'ORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC}
WC2
WC3
WCUSLH
WCJA
x
Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
Statutory Limits
SI 00,ooO/S500,ooO/SI 00,000
S500,000/S500,000/S500,000
Sl, 000, ooO/Sl, 000, OOO/SI, 000, 000
Same as Employers'
Liability
Same as Employers'
Liability
x
Admini!Va1ive Il1Strul:ttaa
1/4709.01
INSCKLST
oJ7/29/93
SUPPLEMENTARY INSURANCZ DOCUMENTS
00900-<t
^""' 22. I99J
.11 l'rinling
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket Contractual
· Expanded Definition
of Property Damage
Required Limits:
GLI
GL2
x
GLJ
Required Endorsement:
GLXCU
GLLIQ
x
Products and Completed Operations
Personal Injury
.
.
SIOO,OOO per Person; S300,000 per Occurrence
S50,000 Property Damage
or
S300,OOO Combined Single Limit
$250,000 per.Person; S500,OOO per Occurrence
S50,000 Property Damage
or
S500,000 Combined Single Limit
S500,OOO per Person; SI,OOO,OOO per Occurrence
SIOO,ooO Property Damage
or
SI,ooO,OOO Combined Single Limit
Underground, Explosion and CoJIapse (XCV)
Liquor Liability
AU endorsements are required to have the same limits as the basic policy.
Adminimralh-e Inslnlc:tiaa. .
H4709.01
INSCKLST
:}"7/:9/:-3
00900-5
SUPPLEMENTARY INSURANCE DOCUMENTS
April 22. 199.1
J II l'riming
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Nonowned; and Hired Vehicles
Required Limits:
VLJ
VL2
x
VL3
DRt
MVC
PRO)
PR02
PR03
POLl
POL2
POL3
ED}
ED2
GKl
GK2
GK]
MEDI
MED2
MED3
I\dminilltntive fl'l.'lUuc:tion
H4109.01
$50,000 per Person: SIOO,OOO per Occurrence
$25,000 Property Damage
or
SIOO,OOO Combined Single Limit
$100,000 per Person; $300,000 per Occurrence.
S50,000 Property Damage
or
$300,000 Combined Single Limit
S500,000 per Person; SI,OOO,OOO per Occurrence
SIOO,OOO Property Damage
or
$1,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Limits equal to the maximum
value of any one shipment.
Professional
Liability
S 250,000 per Occurrence/S 500,000 Agg.
S 500,000 per Occurrence/SI,ooO,OOO Agg.
SI,OOO,OOO per Occurrence/S2,000,000 Agg.
$ 500,000 per Occurrence/SI,ooO,OOO Agg.
SI,OOO,OOO per Occurrence/S2,000,000 Agg.
S5,000,000 per Occurrence/SIO,OOO,ooO Agg.
S 10,000
SIOO,ooo
S 300,000 (S 25,000 per Veh)
S 500,000 (Sloo,Ooo per Veh)
$1,000,000 (S250,000 per Veh)
S 500,000/S 1,000,000 Agg.
SI,OOO,OOO/S 3,000,000 Agg.
S5,000,000/SIO,000,000 Agg.
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
Medical
Profossional
INSCKLST
')7/29/93
00900-oj
SUPPLEMENTARY INSUil.ANC;:; DOCUMENTS
IF
VLPI
VLP2
VLP3
BLL
HKLI
HKL2
HKL3
AIRI
AIR2
AJR3
AEOl
AE02
AE03
Installation
Floater
April 22. J 9'J3
'11 1'rinUng
Maximum value of Equipment
Installed
S 300,000 (Requires MCS-90)
S 500,000 (Requires MCS-90)
Sf ,000,000 (Requires MCS-90)
Maximum Value of Property
S 300,000
S 500,000
S 1,000,000
$25,000,000
S 1,000,000
S 1,000,000
S 250,000 per OccurrencelS 500,000 Agg.
$ 500,000 per Occurrencel$l,ooO,OOO Agg.
S 1,000,000 perOccurrencelS3,000,000 Agg.
INSURANCE AGENT'S STATEMENT
POLICY
Carom. Gen. Liability
Hazardous
Cargo
Transporter
Bailee Liab.
I have reviewed the above requirements with the bidder named below. The folJowing deductibles
apply to the corresponding policy.
Hangarkeepers
Liability
Aircraft
Liability
Architects Errors
& Omissions
Liability policies are ~ Occurrence
Claims
LON WORTH CROW INS. GROUP
Insurance Agency
DEDUCTlBLES
$1,000. Property Damage
r understand the insurance that will be mandatory if award
with all the requirements.
.
The Brewer Co. of Florida, Inc.
I\dminiscntive 'I1!ItIuc:Itoa .
114709.01
Bidder
INSCKLST
07/29/9.:-
00900--
SUPPLEMENTA~Y INSURANCE DOCUMENTS
April 22. I C)C}]
III l'rinIinR
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRAcr
BElWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
GeneraJ Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following tlie acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satis1}r the above requirements.
Administrative 11IIIlIu&.1ion
114709.1
GL2
07/:9/93
SUPPLEMENTArtY INSURANCE DOCUMENTS
00900-3
Apri/22. /99.1
JIII'rining
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BElWEEN
MONROE COUN'IY, FLORIDA
AND
Recognizing that the work governed by this contract involves either underground exposures,
explosive activities., or the possibility of collapse of a structure, the Contractor's General Liabifity
Policy shall include coverage for the XCV (explosion. collapse, and underground) exposures with
limits ofliabifity equal to those of the General Liability Insurance policy.
Administrative InlIlnIdioa
/141109.1
GLXCU
07/'29/93
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-:?
April 22. 1993
I.. l'riming
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BE1WEEN
MONROE COUNTY~ FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shan be
maintained throughout the life of the contract and include, as a minimum. liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shaH be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
. ~
.
Administntive JnlltnIctiaa
"4709.1
07/29/93
VL2
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-10
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACf
BElWEEN
MONROE COUNTY. FLORIDA
AND
Apri' 22. '993
I.. l'rinung
Prior to the commencement of work governed by this contract, the Contractor shalf obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shafl obtain Employer~ Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tenn of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state ofFJorida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the AM. Best Company.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a seJf-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
Administmi...., Jl1!UUclioa
"4709.1
07/29/93
WC2
SUPPLEMENTARY INSURANCE DOCUMENTS
00900-11
SECTION 00110
PROPOSAL FORM
BID TO:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
.'
BID FROM:
JHE BREWER CO. OF FLORIDA INC.
9801 N. w. l06th STREElj
MIAMI, FLORIDA 33178
The undersigned, having carefully examined the Work and reference
Drawings, Specifications, Proposal, and Addenda thereto and other
Contract Documents for the construction of:
BIG COPPITT KEY ROADS I
Big Coppitt Key and Marathon
Monroe County, Florida
t~.
and having carefully examined the site where the Work is to be
performed, having become familiar with all local conditions including
labor affecting the cost thereof, and having familiarized himself !
with material availability, Federal, state, and Local laws, .~y/
ordinances, rules and regulations affecting performance of the Work,
does hereby propose to furnish all labor, mechanics, superintendents,
tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work
incidental hereto, in a workman-like manner, in conformance with said
Drawings, Specifications, and other Contract Documents including
Addenda issued thereto.
The undersigned further certifies that he has personally inspected
the actual location of where the Work is to be performed, together
with the local sources of supply and that he understands the
conditions under which 'the Work is to be performed. The successful
bidder shall assume the risk of any and all costs and delays arising
from the existence of any subsurface or other latent physical
condition which could be reasonably anticipated by reference to
documentary information provided and made available, and from
inspection and examination of the site.
The undersigned shall perform the work at the Unit Price Indicated
on the following Bid Form. Further, it is understood that the Bid
Form Quantities are estimated for evaluation purposes only and that
the final contract price will be determined from the actual
quantities measured for payment in accordance with the Contract
Documents.
iJ/19!93
BID PROPOSAL
OOlllj-::;
~
CD
3
l>>
CD
-4
~
-
....
j..)
c.,
..
en
0,
III
I
CD ~
III
Jg S'
....
CI -
.... -
.... .....
w
....
~
:. .
!A .....
.... ~
.... -
-
w ...... .0) ~
pi 1>> 1>> 3
l>>
..... C) Ii
..... ...... .....
Co) C) CD I:r
0 a:
~ r r i
=" =" 3
CIt
. N ....
en .... .
- . ~
-8 =E
. :T 0'
== ~ ~
CD CD
CIt en "
= - ID
co -8 ~
CD C" 3
- III CD
"'U ... :J
ID - -
5' " 3:
Sll
.e 5' ID
.e ~
5'
co
CIt
-
"
ID
5'
.e
(r<; -,. .~
-~v".~
',--- f'-,,::, 2:).::>
.......~ I~y uJ
<:-.~ - - '
. . "\ \\~ \R \~
\fS \ '" ,>
..... .... ..4. ..... .... Z .... ~ . .
~ ~ (') ..... ? !D. ~ :"" !>> !JI ~ !.al !'!l ..... o CD .2-
. . . 3 & CD
n
2 (0) 0 rT
Q) i ~
Co) N Co) ..... ..... ...... ~.
en en I'\) ..... .... N Co) ~ 8 .... ..4
C) Q) ..... ..... mm:a
0 0 --0
ca G) ~
~ ~ r ~ ~ ~ !: r r en en en r r c: 00
=" =" =" ::< :< :< ~ ~ ::lI o 0 ~
== :g -a >
.2. :r gz en -4 ~ · N .... 1: 1: 0 en 3: = ::!! ~
I i !!l ~ . ;:I:
at ~ "0 III ~=lJle
CD 3 g.g ~ "0 "0 ct' ! i
n n ii" i ::r 0
CI: n ~ '< ~ c
0 -8 ... .::r 0" :J
:J "'U ~; :D 3:' if ~ !!. if III ~
- if
~ 0 & :I f!J "U 01 :J :J -
... CD 0 0 III n a..:uZ
0 ::r CIt ~ ! .g III 0 0 := CD lP:O~
III 01 III ~. :J :J
f) III :J CD CD fl' 3 n n 0 a S ~ m
::r 5!!. Q. CD i i 0 -4 C
01 :J -a -a ~ ... :J ..- iD c ~ X :r~i:
0 - en ID (jJ
l>> CIt ! CD ~ 3:. o -a
ri. g s=. CD
:J 3 ~ CD III i ~ i ::lI :u
;l- 0
CD _ 3 5" c:t ;i;
a 0 i cS' "0
3: - co 0 ::r' 0 lP:
CIt 0 ::lI
ID 0 0 & m
~ c
it i c 0 Z
(jJ ... -f
(jJ CD CD c en
3 - - 3
....
.!!. . .... CD
3 i\) 8
.
? 3 5 OJ
- ?
-
C 0 -.
~ 0 C.
::lI
i
n. -n
0
:"I
1( 0
~ ..,
~ 3
1f :T
(1)
OJ
~ ....
(1)
=:
~~. (1)
...
0
p
"- So
't) 'Tl
t, 0"
...
~ n
~QI
:J
r
10/19i93
.J0110 - 3
BID PROPOSAL
I acknowledge receipt of Addenda No.(s)
I have included pages 1 thro~ 16 of the Bid Proposal which
entails the Propo>al Form~: the Sworn Statemen~n Public
Entity Crimes~, the Non-Collusi~Affidavit~, the Lobbying
and Ccfiflict of Interes~Clause~, the Drug-Free Workplace Form
~, the Bid Bond~ and the Public Construction Bond____
(Check mark items above, as a reminder that they are included.)
Mailing Address:
f Jt) / AJ. a) . I tJ~ .6?:et::e/
/Y1//lrn,' '?L .38/7J
.J
Phone Number:
Jg6-02y'~j
Date:
I~ -d2I-- 93
Signed:
Walter R. Brewer
Witness:
(Name)
President
_ (Title)
~tl: ~b{~:;
(Seal)
11/05/?3
BID PROPOSAL
00110-4
SECTION 00110
SHORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1.
This sworn statement is submitted
/Y)/)A)R-IJrz- UJtuv~ /tL/JL/t aJtJ~j
(print name of the public entity)
Walter R. Brewer president
(print individual's name and title)
The Brewer Co. of Florida, loc.
(print name of entity submitting sworn statement)
whose business is tj81J1 II-tV. 1/)11 ~ 1hI~4Jn/, rL-
.
to
by
for
and (if appli9~bl~~~~LF~~eral Employer Identification Number
(FEIN) is 60,- ()5tJ 8(p 1"L (I f the enti ty has no FEIN,
include the Social Security Number of the individual signing this
Sworn statement: .)
2. I understand that a "publ ic enti ty crime" as defined in
Paragraph 287.133(1)(g), Florida Statues, means a violation of
any state or federal law by a person with respect to and
directly related to the transaction of business with any public
entity or with an agency or political subdivision of any other
state or of the United States, including, but not limited to,
any bid or contract for good or services to be provided to any
public entity or an agency or political subdivision of any
other state or of the United States and involving antitrust,
fraud, theft, bribery, collusion, racketeering, conspiracy, or
material misrepresentation.
~.
.3. I understand that "convicted" or "conviction" as defined in
Paragraph 287.133(1)(b), Florida Statues, means a finding of
guilt or a conviction of a public entity crime, with or without
an adjudication of guilt, in any federal or state trial court
of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict,
nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph
287.133(1)(a), Florida statutes, means:
1. A predecessor or successor of a person convicted of
a public entity crime: or
10/13/9,)
BID PROPOSAL
00110-5
2. An entity under the control of any natural person who is
a~tive in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one
person of shares constituting a controlling interest in
another person, or a pooling of equipment or income among
persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person
controls another person. A person who knowingly enters into
a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36
months shall be considered an affiliate.
5. I understand that a "person" as defined in Paragraph
287.133(1)(e), Florida statues, means any natural person or
entity organized under the laws of any state or of the
United states with the legal power to enter into a binding
contract and which bids or applies to bid on contracts for
the provision of goods or services let by a public entity,
or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those
officers, directors, executives, partners, shareholders,
employees, members, and agents who are active in management
of an entity.
6.
Based on information and belief, the statement which I have
marked below is true in relation to the entity submitting
this sworn statement. (Indicate which statement applies.)
~ither the entity submitting this sworn statement,
nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active
in the management of the entity, nor any affiliate of the
entity has been charged with and convicted of a public
entity crime subsequent to July 1, 1989.
"'.
The entity submitting this sworn statement, or one
or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active
in the management of the entity, or an affiliate of the
entity has been charged with and convicted of a public
entity crime subsequent to July 1, 1989.
l'j/::/,??
BID PROPOSAL
00110-6
I
l~
The entity submitting this sworn statement, or
one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active
in the management of the entity, or an affiliate of the entity
has been charged with and convicted of a public entity crime
subsequent to July I, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the state
of Florida, Division of Administrative Hearings and the
Final Order entered by the Hearing Officer determined that
it was not in the public interest to place the entity
submitting this sworn statement on the convicted vendor
list. (attach a copy of the final order)
I
I
'--
t._
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)
ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID
THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS 0 T E THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017, FLORIDA S A S FOR CATEGORY
TWO OF ANY CHANGE IN THE INFORMATION CONTAIN THIS F RM.
Waller R. Brewf;l~
(signature)
k-ten ~- 02/ I /493
(date) ,
STATE OF
rUJ~')>4-
bA-~
...,
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Walter R. Brewe~
who, after first being sworn by me,
Waller R. Brewer
(name of individual signing)
affixed his/her signature in the space provided above on this
021
day of ~~_
, 19 9~ .
~Ii ~ltat~
l _
NOTARY PUBLIC
My commission expires:
r- -
Form PUR 7068(Rev. 04/10/91)
.'~'';';;;:'_ DEBRA A BROWN
;"" J.IM -'j My Commission tee 218984
\.~/ EXPIRES: Augusl29, 1006
..~.~...... Bonded Thru Western Surety Company
10/19/93
EID PROPOSAL
00110-7
SECTION 00110
NON-COLLUSION AFFIDAVIT
I ,
Walter R-I;lrewe~
l_
of the ci ty of Ih /fi.-J'n i rL
I
according to law on my oath, and under penalty of perjury, depose
and say that;
1 . ) I am
President
of the firm of
The Brewer Co. of Florida, Inc.
, the
bidder making the Proposal for the project described in
the notice for calling for bids for:
and that I executed the said proposal with full authority
to do so;
2.) the prices in this bid have been. arrived at independently
without collusion, consultation, communication or
agreement for the purpose of restricting competition, as
to any matter relating to such proces with any other
bidder or with any competitor;
3.) unless otherwise required by law, the prices which have
been quoted in this bid have not been knowingly disclosed
by the bidder and will not knowingly be disclosed by the
bidder and will not be knowingly disclosed by the bidder
prior to bid openingi directly or indirectly, to any
other bidder or to any competitor; and
4.) no attempt has been made or will be made by the bidder
to induce any other person, partnership or corporation
to submit, or not to submit, a bid for the purpose of
restricting competition;
5.) the statements contained in this affidavit are true and
correct, and made with full knowledge that Monroe County
relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
10/19/93
BID PROPOSAL
00110-8
Walter R.. BreVI
(Signature of Bidder)
QcCel1? /!;c;e 021) /99.3
(Date) ,
STATE OF:
Hog/ 'D/-I-
hAAt:=:-
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Walter R. Br~wer
SHorn by me,
Walter R. Brewer
who, after first being
(name or individual signing)
3ffixed his/her ~ignature in the space provided above on this
02/
day of ~lJ71!ee-
, 19 96
/JUdt/ltL 12- ~i!L{O:J
NOTAEY PUBLIC
H y ~ :: n,m i s s ion e :< pi res :
"'';;;';;'''' DEBRA A. BROWN
/' mi '\ My Commission I CG 218984
:... ~/ EXPIRES: Augusl29. 1906 >>
'~.!.~~..., Bonded Thru Western Surety Company .
t
~ .~ i 1 ~,' ~, ~
B I I:: I?RCIPOSAL
1)0110-9
SECTION 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
"
The Brewer Co. of Florida, IflC.
(Company)
"
" warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee subject to
the prohibition of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance
No. 010-1990. For breach or violation of this prov' ion the County
may, in its discretion, terminate this contract wit ut liability
and may also, in its discretion, deduct from th c tract 0 /
purchase price, or otherwise recover, the full m, t of ny fee,
commission, percentage, gift, or consideration p i to he former
County officer or employee".
Walte[ R. P!ewe[
(Signature)
I:x::.-ct-rn &:L 02/~ If tJ 3
(Date) ,
STATE OF
/ic~/'j)A
~/l-DC
COUNTY OF
PERSONALLY APPEARED BEFORE ME, .the
Walter R. Brew~r
S t-1 0 1:' n
oy me, affixed his/her signature
undersigned authority,
who, after first being
Walter R. Brewer
(name of individual signing) in the space provided above on this
eLl
day or ~~
, 19 v- '
.oI}dliLlIl
~L~
NOTARY PUBLIC
My commission expIres:
...;,P"....~... DEBRA A BROWN
f ~ ': My Commission I CC 218984
\"<~/ EXPIRES: A~gUS~29, 1996
...~..., Bonded Thru Westemrety om
:.-)' ~- i '? ?
BID PROPOSAL
00110-10
SECTION 00110
DRUG-FREE WORKPLACE FORM
The undersigned Contractor in accordance with Florida statute
287.087 hereby certifies that:
The Brewer Co. of Florida, Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the workplace and specifying
the actions that will be taken against employees for violations of
such prohibition.
2. Inform such employees about the dangers of drug abuse in the
workplace, the business's policy of maintaining a drug-free
workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or
contractual services that are under bid a copy of the statement
specified in subsection (1).
4. In the statement specified in subsection (1), notify the
employees that, as a condition of working on the commodities or
contractual services that are under bid, the employees will abide by
the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendere to, any
violation of Chapter 893 (Florida statutes) or of any controlled
substance law of the United states or any state, for a violation
occur~ing in the workplace no later than five (5) days after such
conviction.
5. Impose a sanction on, or require the satisfactory participation
in a drug abuse assistance or rehabilitation program if such is
available in the employee's community, or any employee who is so
convicted.
6. Make a good faith effort to continue to maintain
workplace through implementation of this section.
"
As a person authorized to sign the statement, I ce
firm complies fully with the above requirements.
MCP#5 Rev. 6/91
Walter R. Brewer
Bidder's Signature
~Ccn7&~ 02/, IY7'3
Date '
.. .
1..0; 10/ jj
E I D ?F,OPOS:tL
0012.0-11
.
THE AMERICAN INSTITUTE OF ARCHITECTS
,
AlA Docum.nt AS f 0
BID BOND
.
.
KNOW ALL MEN BY THESE PRESENTS, that W8 THE BREWER co. OF FLORIDA, INC.
. (horel.nMrt 1\1)lume a:nd add,.... or Jela! title of Cofttrtotor)
aa Prlnclpal, hereinafter oalled the PrincIpal, and
FIDELITY & DEPOSIT COMPANY OF MARYLAND
(hcJ'C mllen fuU ft~e aad addr.. or IOJa! titlo of Surety)
.
a corporation duly organized under the lawl of the Stat$ of Maryland
.. Surety I
.
h.r.lnafter called the Surety, are held and firmly bound unto MONROE COUNTY PURCHASING DEPARTMENT
{here IDlert l'Ul1 Dame IDG IGa... or Je,aJ qUI ot ~Ot}
.
a. ObUg.., her.lnafter oalled the Obllg.., In the sum of FIVE PERCENT OF AMOUNT BID
Dollars ($ --5%--
.
).
for the payment of which sum walll\nd truly to ba mRd9, the said Prln~lpB.lllnd the st\id Sur"tv, hlnn
I our.elv.., our hal". executors, t\dmlnl5trlltnr~. ~1Ir:r:"AN'm~ Ilnrl A8sfcns, Jolntfy Ilnrl "ftvflrally, fIrmly by
the.. pr...nt..
WHEREAS, the Principal hae submitted a bid for Big Coppitt Key Roads ~ Resuffacing
· (bere msert tw1 name and ~dr... ADd dolOriptiOl1 otPtojoct)
· NOW. tHBREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
Contract with the ObUacc in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the biddina or Contract Documents with iood and sufficient surety for the faithful performance of
. such Contract and for the prompt payment otlabor and materials furnished In the prosecution thereof. or in the
event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall
pay to the ObJiaee the d1fference not to exceed the penalty hereof between the amount specified in said bid and
. such laricr amount for which the Obliaee may in good faJth contract with another pany to perform the Work
covered by said bid, then this obligation shall be null and void, otherwise to remain In full force and effect.
Signed and lealed thll 21st day of ~~~mb~r 10 93
/
~~ a. /1
· / " 'Ii ( :/.
1_ [2/( (. !Jt,ttct/()
. .' (WItness)
THE BREWER ,CO.
{ /
INC.
(Seal)
Wa
') ~
I)U~
. (WIman)'
Presidern
FIDELITY & DEPOS!T COMPANY OF MARYLAND
{..~ ..... (8.~1
n:w.' isDn, III (nH.;-;'::::~
10/19/93
BID PROPOSAL
00110-12
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE. BALTIMORE. MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force
and effect on the date hereof, does hereby nominate, constitute and appoint D. W. Matson, III and John W. CharI ton,
both of Miami, Florida, EACH............................................................
n e execution of such bonds or undertakings in pursuance as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly exe nd ackno by the regularly elected officers of the Company
at its office in Baltimore, Md., in their own proper person~ S pow~ attorney revokes that issued on
behalf of D. W. Matson, III, dated M~~, 199~~
The said Assistant Secretary does hereby certify that (l,1!J{'tract set fo~~e reverse side hereof is a true copy of Article VI, Section
2, of the By-Laws of said Company, and is now in ~~
IN WITNESS WHEREOF, the said Vice-Presid Assistan etary have hereunto subscribed their names and affixed the
Corporate Seal of the said FIDELITY AND DE MPANY(Of' ARYLAND, this________________t9J;.!L_____________________________day of
___~::~~L---, A~=~~~ 0 DEPOS1t~ANY OF M:YLAND ~-J
Assistant Secre Vice sident \
STATE OF MARYLAND ~ ss: ~
COUNTY OF BALTIMORE) ~
On thiL_~_~_!=.h____day OL___~g_y~!!1_l;?_~J.:____~.D. 19__~D., before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed th,~ preceding
instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth
and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate
Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said
instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
CAROL-JF~~-N,;,.ry-p~;
My Commission Expires________________AJ!g!t~LL._l9.2~_____________
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially
authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this --21s.t.
day oL_____________D.e_c.emb_e.L_______, 19.93._.
L142& -030-2074
~~
------------------- ------- - -------------------------------------
Assistant Secretary