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08/05/1992 Section 00500 FORM OF AGREEMENT This agreement is set forth as of the 5 th day of Auqust in the year of 1992 between the OWNER who is The Board of County commissioners of Monroe County Florida; and the following CONTRACTOR: Name: The Brewer Co. of Florida, Inc. Address: 9801 N.W. 106 Street Miami, Florida 33178 c ~. ,. c-,~. :.f"i r--\ Phone: (305) 885-2463 c. for t~ purpose of performing all of the Work required by the Contract Documents for the following PROJECT: ',: ~ t.L N o , ' .ROADWAY IMPROVEMENTS - Big Pine Key :-; _ Big Pine Key Monroe County, Florida Roads IV ~L The Project has been designed by Post. Bucklev. Schuh & Jerniqan. Inc. 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 Contract 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 Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, 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. 06/23/92 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: Roadway improvements for the following roads: 1. Key Deer Blvd. 2. Chapman street Article 3 - Schedule The CONTRACTOR shall commence Work to be performed under this Contract no later ten (10) calendar days from Notice to Proceed and shall be substantially completed no later than ninty (90) 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. The OWNER and the CONTRACTOR recognize that time is of the essence of this Contract and that the OWNER will suffer 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 or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring such proof, OWNER 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 thru 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: $SIXTY SEVEN THOUSAND NINE HUNDRED SIXTY FOUR DOLLARS AND THIRTY FIVE CENTS ($67,964.35) Article 5 - Payment Procedures The CONTRACTOR shall submi t accordance with the General Payment will be processed Conditions. Applications for Payment in Conditions. Applications for as provided in the General 06/23/92 FORM OF AGREEMENT 00500-2 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 OWNER'S DESIGNATED REPRESENTATIVE once per month during construction. All progress payments will be on the basis of the progress of the Work measured in accordance with the General Conditions and Supplementary Conditions of the contract. 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, OWNER shall pay the remainder of the Contract Price, including release of retention, as recommended by the OWNER'S DESIGNATED REPRESENTATIVE. Article 6 - Contractor's Representations In order to induce OWNER to enter into this contract, CONTRACTOR makes the following representations: 1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, 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, within the Contract Time and in accordance with the other terms and conditions of ~he 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 data be or will be required by the CONTRACTOR for such purposes. 06/23/92 FORM OF AGREEMENT 00500-3 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 correlated the results 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. 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 6, 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 3, inclusive). 8. General Requirements Application for PaYment, Submittals, Progress SChedules, Temporary Controls, Construction Cleaning, and Post-Bid Substitutions. 9. Technical Specifications bearing the title Roadway ImDrovement - Biq Pine Kev Roads IV and dated Mav 1991. 10. Drawings, consisting of a cover sheet and sheets numbered ~ through~, inclusive with each sheet bearing the following general title: ROADWAY IMPROVEMENTS - Big Pine Key Roads IV Big Pine Key Monroe County Florida 06/23/92 FORM OF AGREEMENT 00500-4 11. Addenda numbers 0 to o , inclusive. 12. CONTRACTOR's Bid Proposal (pages 1 to 9, inclusive). There are no Contract above in this Article. amended, modified, or General Conditions. Documents other than those listed The Contract Documents may only be supplemented as provided in the Article 8 - 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 that may become due and moneys 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 will release 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. Article 9 - Other provisions In cases of conflict within the described Contract in Article 7 of this Form of Agreement, the precedence shall be as follows: Documents order of 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) 06/23/92 FORM OF AGREEMENT 00500-5 IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to the OWNER, CONTRACTOR, and COUNTY ENGINEER. All portions of the Contract Documents have been signed or identified by the OWNER and CONTRACTOR or by ARCHITECT/ENGINEER on their behalf. This Agreement will be effective on 1992 . August 5 OWNER: Monroe County BOCC CONTRACTOR The Brewer Co. of Florida, Inc. Monroe County, Fla j)ft))e: RLJ/b /J By Walter R. Brewer --~e - President Attest Attest liiw,gl{t;fe d:g. Addre~ for giving notices THE BREWER CO. OF FLORIOA Ii"\';. 9801 N. W. lUotn S T~l:n MIAMI, FLORIDA 33178 Gwen A. Luecke Address ~it Secretary Monroe County Engineer Dept. 5100 College Road Key West, FL 33040 06/23/92 FORM OF AGREEMENT 00500-6 ~ t> ~ ~ lL ~ a s:: (!) i:C 01) CiS ~ 5 5 ;:. I;:) ~ ~ ~ ;t .... "l::s CD l;:S E.o <::l ~ E Q:; -i . o .E <<I "0 "i: o LL '+- o o u ... <V 3: w ... en (]) ~ ;.: o U II .... i: o () ~ ...... ~ ~ ~ ::< ~ s:: ri: "~ ~ BID FORM <I) o -.:: l1. Iii (5 >- ~ % ~ () Q ~ 0... :'<:l 0 ~ f\) (J ~ o')l-:,~~ c ~ ~ ~ ~~;)..8 () B C1i ,.". r~ ~ ~"i. '" ~ 'S () ,& ,/' '-'0 ~ ~ .~~~~~~<~~~_~s~~ "'-'" i::a.. ~ _.'"' ""- ~ ."., ".....::: ~ ..... V) r") l"') .Q v, -.. ..... '<0 ~.~~~.~~~~ <I) .g l1. ~ ':J o () 5 ~~ ~ ~ ~ " r Q ~ ~ r~ ("~. lV:' l\ () \) Q () :j,. ~ o Q \./\ ,~ .~ -....:. Q'i '\o'Ot\ V, (/. 'i J' Q tV' \"i \'i If ~ ("~ Ii ~I\ ~ ~ ~ ~ .~ ~ , \" l' \ ~ ~ \ .~ ~t ~ \ (: \.() b t., ~ ."~ .~ \) ~ v ~ ~ ~1 .~ .~ ~ ~r-' ~ i ~ ~~ ~I~ .\d~~4_~ ~ ~ ~~ + \I) ~ <.t \ . .(" '( I~ ~ ~ -J' '" j ~ '3 .~ ~ i ~ {-'t' ~ ~ S: ~ ~ .~ :: ~ I ~,,~ ~ ~ ~ \ 'f: " 1 '~" ~ \ ~ j 1 ~ G ~ i i3~ f']~ ,.j. .~~ }~~) \r.~ ,~\J ~ ~ ~ I ~ ~ ~ j/ ~ '€I ~~.~ .l/ ~ ~ B 1. <'l ....J \ J 1J ~ \J () 'J I'" ~ '). S ~ ~ ~ ~ 1~ ~,~ .)~ ~~ ~ ~ v;~ c E c E c: o .c: .c: 3: 3: .~ 2:- E <U :J (J ~ fB ~ ~ C\J 01 01 r-: ~ ~ ~ ~ ~ ~ 01 V V V r-: <D M 8l l.O C\J l.O ;:::;. C\J ~ N c..; lri <Ci r-: a:j oi d ~ lri C\l M v v 06/23/92 BID PROPOSAL "" fV) '>. 'o,J) 0-.. "- -.J) <.) t... }. oJ: ~ 'i v 0 r . ~ -- ''-9 "6 ~ ~ J~~t~~~ If) t)....... '"" J" < r' I" '" " ~ Q V) ~" lJ'-.. ). ................. l.O :J a: jE l.O ~ Oo!l ni v \J\)ht\ .,g t:~v~~~~~\, ,~,~""'~~ l \.. -\, ~ l. 1 ~ ~ ,',1 ~ ~ ~ b. ~'~ ~ ~ I" I..... ~ :~ .J ~ J '( \ _I~ _\~ ~, .~ ~ L~..." ~ · R~-l~t)q ~,~ ~ I~~" .~. '" '- ~ ~~ ~ ~ J~ ,~~ J~l~ j. t~ .N ~ \~ \l~. ~ l3 ~ \J~ VI I t::j ~ ~ -l" I~ ~ ~ :J ~ ~ ~ ~ ~ (f) ::! w I- ....J ~ o I- ni (') ~ ni '" ni cO o cO 01 ni Q) ni r-- !If (Q l.O" ::l a: jE ~ (f) ::! w I- ~ o I- ~ (/J (/J Ol Ol c: c: ~ ~ Ci n; ::! ::! ~ ~ 8l l.O ~ I>> - II ~$~~~~cd - ~ ~ <( cd cd cd '" (') v 00110-3 I I I I I I I I II I I I - , I I I I I acknowledge receipt of Addenda No. (s) I have included pag~ ~hrough 9 of the Bid Proposal~hich entails the Proposal Form____, the requi~id Security~, the Lobbying and Conflict of Interest C1ause_, the Sworn stat~_of Public Entity Crimes ~-, and the Non-Collusion Affidavit . Check mark items above as a reminder that the are included. Mailing Address: '-7?/~~ fJz;/ MCUJee tll. t1 /' /--2 ZJ~,/-1>./;JJ ..7;.Uc. ,/1/: /C) , /J! &> --::JnJE6 T /n/ ~<J ))7/ /'"1<9 /[?~ '-.)/1 .33/;;f Phone Number: / 1'1'5 c/ Vd:,3 Date: ::lUil/ 02/, If9? ! / Signed: ... Walter R. Brewer (Name) Witness: Vice - President (Title) I:. ~ Ii .. ! I: ,I Le ... J.J "fL. <2 Gwen A~ k~-( Sea 1-) ~ Secretary 01/10/92 BID PROPOSAL 00110 - 4 - I I ~ Section 00110 SYORN STATEMENT UNDER SECTION 287.133(3)(8), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM tI.IST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. /;JtJ!tJ tfo~ {!fJ(t /lJrV litl3i / t (print name of the public entity) Walter R. Brewer Vice - President (print individual's name and title) The Brewer Co. cf Florida, Inc. Iti()K,.fj This sworn statement is submitted to by for (print name of entity submitting sworn statement) /I) tV. /Ci.P .j1l!Ee]-- Il)ill1ni /L .J3/1f whose business is 1fol and the (if applicable) it Federal E""loyer Identification Nl.I1'ber (FEIN) is 6?J / !765f0 ') 6 entity has no FEIN, include the social Security Nl.I1'ber of the individual signing this sworn .) (If statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1Hg), Florida Statues, means a violation of any state or federal law by a person with tespect 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(1Hb), 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(1Ha), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2.An entity under the control of any natural person who is active 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(1He), 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 publ ic 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.) 01/10/92 BID PROPOSAL 00110 - 5 L the enUty '"""itUn, th;, ,."n ",,_t, ~, ony of it, otH"". dlmto", 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 subnlttlng 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. The entity subnltting 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. 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 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 ~HICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REOUIRED TO INFORM THE PUB IC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OR THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.01, ORIDA STATUES FOR CATEGORY T~ OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. . Walter R. Brewer I} ~- ,)/ ~ I)y (date) STATE OF /::Z['IP / '~/J .])/J. ,h.. C~ COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, Walter R, Brewer who, after first being sworn by me, (name of Individual signing) {/I{/IL,ftt cJl da~ of ,JlJ Lj /! (// \ /(. -j:} / 1ft t (/~) ~' 19_, affixed his/her signature in t~e space provided above on this NOT ARY PUBlI C My commission expires: 7/) : I/{.. ,P.5l.l/-1 /h (y k .A!I.li__d~ Notary Public State of Florida at Large My Commission Expires Aug. 19, 1992 .;~/JIJ._'5tJj (p~() Form PUR 7068(Rev. 04/10/91) 01/10/92 BID PROPOSAL 00110 - 6 Section 00110 Non-Collusion Affidavit Walter R. Brewer ( ~~~~ according 10 10... on III)' oOlh. and ulldcr pCllalt)' of perju')'. dcposc OJld so)' Ihol; Vice - President If> / !frYJ/ / /'2 c 12I'])/-J 1.) lam of Ihe {mil of The Brewer Co, of Florida, Inc. , Ihe bidder makiJlg the Pmpo,fOl for IIIe projecl described iJl Ihc 1I0lice for colling for bids for: alld Ihal I C\'cc/lled Ihe said proposal ...ith full allllloril)' to do so; 2) Ihe prices ill Ihis bid IIa\'e becII on.;\'ed 01 iJldcpclldellll)' wirilo/ll collusioll, COllsullation, eonulIIl1Iieation or agrumelll for tile I'I//]'ose of rwriclillg compCliliOl~ as 10 all)' lIIaller rdatillg 10 sucII proccss with an)' other bidder or ...ith any COlllpelilOr; 3,) ulllcss olhcrwi.'e required b)' 10.... IIIe priees \4'IIicII IIa,'e bUll quoled in this bid hal'C 1101 bem kJlowingl)' disclosed by Ihe bidller alld ...ill 1101 kllo\4';"gly be discloscd b)' rile bidder alld ...i111101 be kllo...illgl)' disclosed b)' the bidder prior to bid opcllillg. direcII)' or illdireCl,>~ 10 an)' other bidder or to all)' COlllpclilor; alld -- ".) 110 al/empl lias beell made or will be iliadi' b)' Ihe bidder 10 illduce an)' olher pcrso~ porolcrship or corporalion 10 submi4 or 1101 to subllli4 a bid for Ihe purpose of reslricliJlg COlllpelitioll; 5,) mode wilh full k]Jo...ledge Ihat MOIIToe COWII)' relics 'ardillg cOlltracts for said project .:JlIL (I r:2/, /9f~ ( (Date) (Sip 1011/ STATE OF: ;:-/ t) I?-ltJ A );/1)>6 COUN7Y OF: Walter R. Brewer PERSONA~'ltfrWR~RE ME, Ihe Imdersip,ed autllorilY, who. nftQ' firsl being '".I'gm by me. a er t. t;:v~e~ (lIome of u,dil-idllol sip/illg) affixed IIis/ller si[;1/arurc in thc space pro\'ided abo\'c 011 Ihis~ do)' OI-7LtLY , J9~ _ " ( /-.' '1 ( -f!tlt ttl /? ' Z~itf<, <' /F' NOTARY PUBLIC My COIIUllissioll c'Pires: Notary Public State of Florida at large My Commission Expires Aug, 19, 1992 ,dI ;J;7 ,!'i 92-'~,J() .~/i/&.d/r' / ,J t')" /? /?..j~ ,/ZVl t' r V 01/10/92 BID PROPOSAL 00110 - 7 ',;:_<-"~,\,,'t,',"'-r';;,,,~_:!':l'!L4i ~ - Section 00110 - LOBBYING AND CONFLICT OF INTEREST CLAUSE - SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA - - The Brewer Co. of Florida, Inc. (CompoIlY) - warrmlLf Ihal il has /101 employed, ,,'/Oilled or orhowise I/Od OCI 011 ils behalf 011)' fO/7l1cr COII/lt)' officer or cmp/o)'ec ,n,bjccllo lilt: prohihilio/l of SI:CliOIl 2 of Oldil/ol/a No, 0/0,/990 or m,y COII/lt)' officer or cmplo)'cc ;11 \';OIOlioll of SCCI;OIl 3 of Ordillonce No. 010-1990. For hleach or \';OIOlioll of Ih;s p'01'i,\;OIl II,c Corlllty may, ;11 ;u discrclior., le/7l1illale Ih;s COlltracl M'ilholll liah;l;ty al/d may 0,;11 ;u di.lcrcl;ml, dedllcl fmm Ihe COlllraCI olpllrchase price, or olherw;se rccOI'O', Ihe filII omOll1ll of 011)' fcc, comm;ssioll, pac loge, gifi r m~l;deralioll paid 10 Ihc fO/7l1er COIIII/)' officer or I'mployee", // V ;; Walter R. Brewer , - - (Sigrlature) Dale: ..;Jll L L/ cJ-1, I / /'19~ - - STATE OF /,Lt7/!1 ))/9 COUNTY OFb II j)C - PERSONALL Y APPEARED REFORE ME, Ihe rmdcrsip.ed alllhority, Walter R. Brewer by me, offited his/her sip/alllre doyof --crll 1-...1 ' /9!id:: Walter R. Brewer M'ho, after {ITSI beillg SM'om (lIame of illdil"idllol si},7.illg) ill Ihe space l'rOl';ded abol'( 011 Ihud / - - ( i. / 7 ( V'. /~L{( IlL /1. k\)t!(((~) NOTARY PUBUC , ,\~r commiss;oll el/,;res: jl, tf. j)jtJ,.!.'.4I( (/ / , HI" '. I /~ /VI'. l'/vV Notary Public State of Florida at large My Commission Expires Aug. 19, 1992 , j /) II l~ 1/:1, it d~ , 01/10/92 BID PROPOSAL 00110 - 8 , I I " THE AMERICAN INSTITUTE OF ARCHITECTS I I, I \;"' AlA Document A310 Bid Bond I I KNOW ALL MEN BY THESE PRESENTS, that we THE BREWER COMPANY OF FLORIDA 9801 N. W. 106 t h S tree t, Miami, FL 33178 (He,e in,e,l full n.me .nd .ddre" 0' leg.l lille of Conlr>clo,) I as Principal, hereinafter called the Principal, and FIDELITY & DEPOSIT COMPANY OF MARYLAND 900 Ponce de Leon Blvd., /1700, Coral Gables FL(He,,, inse,t full n.me and .dd,ess 0' leg.1 title 01 Su,etyl 33134 a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto MONROE COUNTY PURCHASING DEPARTMENT. 5100 College Rd., Public Service (He,e in,e,l full "ame and .ddress 0' leg.1 tille 01 Owne,) Building, Cross Wing Room /1002, Stock Island, Key West, FL as Obligee, hereinafter called the Obligee, in the sum of FIVE PERCENT OF AMOUNT BID I I. I Dollars ($ --5%-- ), for the payment of which sum well and truly to be made, the said P~incipal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and sever~lIy, firmly by these p resen ts. WHEREAS, the Principal has submitted a bid for (He,e in,,,.t lull nam". add,,,,, and desc.iption of project) Roadway Improvements, Big Pine Key Road, /lIV, Project /104-009.11 I - - NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordanc~ with the terms of such bid, and give such bond or bonds as may be specified in the ~idding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the 'difference not to exceed the penalty hereof between the amount specified in said bid and such IMger amount for which the Obligee may in good faith contract with another party 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 sealed this 21st day of July 19 92 - Lt e.l~_ (Witness) THE secre..~ INC. (Seal, Assi~,talll - Vice - Presidellt - - AlA DOCUMENT A]10 . BID BOND. ^I^ @ . FEBRU^RY 1970 ED . THE ^MERIC^N INSTITUTE OF ^RCHITECTS, 173S N.Y. ^VE" N.W., W^SHINGTON, D. C. 20006 1 , I I I I I I I I I I I I I ~_: -.. I r\'''fU utPOSIT COMPANY OF MARYLAND HOME OFFICE. BAl T1MORE. MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a co~oration of the StateofMaryland,hy C. M. PECOT, JR. ,Vice.President,and C. W. ROB INS , Assistan' Secretary, in pursuance of authority granted hy Article VI, Section 2, of the By.Laws of said Company, which reads as follows: "The Chairman of the Board, or the President, or any Executive Vice.President, or any of the Senior Vice.Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice. Presidents, Assistant Vice.Presidents and Attorneys.in-Factas the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies. contracts, agreements, deeds, and releases and assignments of judgements. decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company thereto." does hereby nominate constitute and appoint D. W. Matson, III of Miami, Florida......... liS true and lawful agent and Attorney.in.Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings................................ ~ Aha the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly 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 D. W. Matson, III, dated, October 31, 1983. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By. Laws of said Company. and is now in force. IN WITNESS WHEREOF, the said Vice. President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .............?.!.~L..........day of .....................J.~nJJ.€tu................... , A.D. 19.....~.?. iT' ummueu~F;:::~=SIT :~~~~~~~~~RY~u """",;i'! A..ulanl Secretary ~ STATE Of MARYLAND t 5 . CITY or BAlTIMORE ) . S. . On this 2 1st day of J anua ry , A.D. 19 85 ,before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above. named Vice. President and Assistant Secretary of the F'DEUTY AND DEPOS'T 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' nd affixed by Official Seal, at the City of Baltimore, the day and year Irst above written. .,:: · N~~~&P;,;,j;;!YT;i~~~ CERTIFlCA TE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY or MARYLAND, do hereby certify that the original Power of A!torney of which the foregoing is a .full, true and correct copy. is in full forc~~ttd eff~ct on th~ date ofthi.s certificate,: and I do further certify that the V,ce. 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 FIOWTY AND DEPOSIT COMPANY or 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 or 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 ~ower of attorney issued by the Company, shan be valid and binding upon the Company with the same force and effect as thoullh manually affixed. ' IN TESTIMONY WHEREOf, I have hereunlo subscribed my name and affixed the corporale seal of the said Company, this.__.21.st......... day of --....July................................... , 19....9..? L1~21lo-0r. -030-0165 &~_n_ A ..u,ant &cretary FOR YOUR PROTECTION LOOK FOR TI IE F&D \V ATERl\IARK r! . THIS CERTIFICATE IS ISSUED AS AMATIER OF INFORMATION ONLY AND PROOUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. MATSON-CHARLTON SURETY GROUP 6291 BIRD ROAD MIAMI FL 33155 COMPANIES AFFORDING COVERAGE The Brewer Company of Florida, Inc. 9801 N.W. 106th Street Miami FL 33178 f~~Y A COMPANY B lETTER COMPANY C lETTER COMPANY D lETTER COMPANY E lETTER Maryland Casualty Company INSURED Maryland Casualty Company ASSOC GENERAL CONTRACTORS SIF .~V:;} .t:'/ o (J~\&1\J .. ......THiifis."tO.CERTipiTHAT"THE.poLic..E'S.OF 'iN's[iRANcE 'i:isTE'O"BELoW" 'HAvE' BEEN 'issuED"'To'THE'iNsUREo' NAMEo.AeoVE.FoR.THE.poLicy..PERioO'.... ... .............. 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 DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, .EXc:lUSIONS ANDCPNDITIONS pF SUCH POLICIES. .llMrrs .SHOWN MAYHAVE:Bi:EN .RE:DUCE:O .BVPAIO .CIAIMS.. CO lTR A GENERAl LIABILITY X . COMMERCIAL GENERAL lIABILITY .. . CLAIMS MADE}( . OCCUR OWNER'S & CONTRACTOR'S PROT. EP85726248 POLICY EFFECTlVE POLICY EXPIRATION DATE (MM/DDIYY) DATE (MM/DDIYY) 93' GENERAL AGGREGATES PRODUCTS COMPIOP AGG.S PERSONAL & ADV. INJURY .S . EACH OCCURRENCES . FIRE DAMAGE(Any one fire)S . MED.EXPENSE(Any one person)S LIMITS TYPE OF INSURANCE POLICY NUMBER AUTOMOBILE LIABILITY B X . ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X . HIRED AUTOS X NON-OWNED AUTOS . GARAGE liABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION C AND EMPLOYERS' LIABILITY 1000000 .. 'iCOoCoo 1000000 ....----,...."...-. 1000000 50000 soCO ECA12206208 COMBINED SINGLE 01/01/92 01/01/93 LIMIT S 1000000 BODILY INJURY ..'S (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE .S . EACH OCCURRENCE S . AGGREGATES ~~I~~I~~I~~~~~IIt~If~I~~I~I~jijjjjjI~~IIj!~j~]jjjIjjt~ItItrj!Ij~ftfI~~j~I~jjIrr~j~ . STATUTORY LIMITS . . ~~~j~ ~~ ~ ~jI~t~~~~~~j~~~ ~~~~~~j~j~j~~~~~j~j~j ~j~~~rjilitj~r j t S .S S 2000000 ......,.....,..."...,..,.. 2000000 2000000 880-1290 05/01/92 01/01/93 EACH ACCI[)ENT · DISEASE-POLICY LIMIT . DISEASE-EACH EMPLOYEE OlliER DESCRIPTION OF OPERATIONSJLOCATIONSlVEHICLESJSPECIAL ITEMS ALL OPERATIONS - STATE OF FLORIDA CERTIFICATE HOLDER: ADD'L INSURED RE: ROAD WAY IMPORVEMENTS, BIG PINE KEY ROADS 4. !QglmfI.UiI.:!l.\f.Q.tggt:::::::!tt:!:::J:::::!!:::!:!:!:!:!:::::::::::J!:!:!:!:J!:J!:::!t:!:!t:!:!!!:!~!:!:!:::::!:J!:!:J!~!::!!:!:::!:!:!:!:!:J!~::!:J!:!::!::!r.~1!QN!::~!~:t~::!t:!ttr:!:!:!~!:!::::::~::::!:!:!:!:!:!::~::!::~!:!:tI!r~!rr:!:!:!:::!~:~:~:~~:~r:!:t!rr:!:!:t!:!:tttttt!r:!:!:!:!:!:!~!~~~tt!:!:!:t!::':'t!r:::::!I':II:I!:!'I! it:: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ~~t~~ EXPIRATION DATE THEREOF, THE ISSUING COMPANY Will ENDEAVOR TO :!:::::! MAll-1..Q. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Ii::: lEFT, BUT FAILURE TO MAil SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR :1::::: ::: ::YK.~'~N D UPO.NTHE COMPANY, ITS AGENTS OR REPRESENTATIVES. :.:.:.:. " .... , . . . . . ;:::;:;: /' .:.;.:.; ." ........ -" ::::;::: .,/ \4tQijo.':mst::..,~n::~f:t::::t:::ffmt::~::ff:tt:::fff:~:ttt::~f:~~~f:::::::~~ttmmt::::~::::::fff:::::tt::~~~:tt::::~:~:~~m:t::t::~f~~~)~:::~m:n:r;;i~:r'*~::f:tm:~:t:ff:tt::~:~f:tmmt::t::~:t:f:~:~:~:t~~~:t:::f:~:~::f-=::ACOm:fc.b.ii.WMTiOH.::j'Wij:m:m MONROE COUNTY PUBLIC WORKS ATTN: WENDY KEY-BUXTEN 5100 COLLEGE ROAD KEY WEST FL 33040 Bond N 0..___....._______..__.....___ Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMOR.E, MD. 21203 Performance Bond KNOW ALL MEN BY THESE PRESENTS: Tha t. .__::nm...~ B.~.W~.R.. .~.9m'N\!I _ .QK_ _ n.QB.J_l!.A~ _ _ _ 1::N. ~ _~_~ __ _9_~QJ _ _ _N_, _~ _'. _ _ J Q _~_!: h_ _ _ ~ 1: _~. ~ ~_~_!_ _ _ .J:I~ .~_~~.~ _.. ~~. __ _}.? _~ 78 (Here insert the name and address or legal title of the Contractor) _~4._~_4...__"_.___._.__________________'_'_'________________________________._______________________________________.___________.________.__._____.___._._____________________________hn.' 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.uu__uu..u._...____________..___________hh_h____h________.______..___. . ___. !1QNRQ ~_ __QQV.N1'J _ J~JJ]);J;.J ~_. _WQ_~_~_l_ _ _ _5_ ~_ 9.0. _ J;:gJ .:!-_~ 8.e_. .~g.?:~_!. _ _ I.\~Y...W ~_~.t:_~_ 0. ~I:-. _ __ h~_? Q_~ Q_ _ _ _ _ _. _ _ __... _ _ _ __..._. __ _, (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of __ u __ s.J:J{_'J:'X_ u s.~y~~_h1'H.9V_S.!\NP. _ ~.r.N~__ _~Y}\m~_E:l!..u s. P\~X.J9:u.~_ h~l?h J.?_1. .1.9.Q::-_~::-__ __..0...0.____ Dollars ($____::_::-_~ll_~_~_~_'u}~::_:_:___u___u_________), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated_u_____._Augll_S1:;h.5.L____________________________hu19_9_2u_, entered into a contract with Owner fOLu____RQ;:t_dw_aylmp:rQy~m_~_nj:;_$_L.l~Jg._r:i,._n~___l{~y__B._o_?:4___DTh.h_________ in accordance with drawings and specifications prepared by_____fQs_t.1___:Bll_c;:_kl~_y---S.~hu.h---cS<---.J-~:r_J:l:;i,ga.I)._LJ:I1C, ._ _. _.1_ _ _N_, _ _ _ !Z.r_~~_~_ _ _ p,. y. ~ _~ _? _ _ _ ~_~~_~_ ~ 1: .~_ ?:~.?_. _ .F_L. _. _ _ _n9_? Q_ _ _ _. _ _ _ _ _ _ _ _ u _ __ _ _ _ _ _ _ _ _ _ _ _. _... _ _. _ _ _ _ _ _ _ _ _ _ _ u u _ _ _ _ _ _ _ _ _ _ _. _ _ _ __ _ _. _ _ _... _ _ _ _ _ _ _ _ _ _ _ __ __ __ (Here insert full name, title and address) 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 Contractor shaH 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 shaH 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 shaH 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, shaH 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 expiraLion of two (2) years from the date on which final payment under the contract falls due. No right of action shan 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. Signed and sealed this.......__._______JJH:h...hu___._____..___...____...__day of___.._....._A'-!K\}:~t_..._....____h____uA.D, 19...n. In the presence of: ):/, //;' _ II I / \ _ /' I I' /lll/( _ /_ 1::/ / p(/ / /~P ( ... ..\..<. ,_ _. _ _ _ _ _ _ _. _ _ __... _...... _. _ _. _ _ _ _ _ _ _ __ __... _.. h... _ _ _ _ _ _ _ _. _ _ _ _ _ _ _. __.... Cz!V~~~2 t~-~--~-~~~~~---~~!:1u--------- --? "huj;~f~~P~Y~-~~--(SEAL) ~~~~~ ---._------ ---- ----.------------....-. ----------. Wa Iter Title Vice - President AND D.EP~~.~~;..n.c..::r~.../. ... ARYLAND --- ,. ~p:;?;;~/ (~. / By-?~:~:._.._f..L!:~:?~..hu_..._..._u__.__.._ (SEAL) D, W, MATSON, III, Title ATTORNEY-IN-FACT C309f- Approved by The American Institute of Architects, A.I.A. Document No. A-311 February 1970 Edition. Bond No. . . . . . . . . . . . . . . . . . . . . . . . Fidelity and Deposit COlllpany HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That THE BREWER COMPANY OF FLORIDA, INC., 9801 N.W. 106th Street. Miami. FL 33178 (Here insert the name and address or legal title of Contractor) as Principal, hereinafter called Principal, 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, hereinafter called Surety, are held and firmly bound unto HONROE COUNTY PUBLIC WORKS. 5100 College Road. Key West, FT. 11040 (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, in the amount of SIXTY SEVEN THOUSAND NINE HUNDRED SIXTY FOUR & 35/100 Dollars ($ --67,964.35-- ), for the payment whereof Principal and Surety bind themselves, their heIrs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated August '). 19~ entered into a contract with Owner for Roadway Tmprnvpmpn~R. Rig Pin~ K~y Ro~~. TV hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OFTHIS OBLIGATION is that if Principal shall promptly make payment to alllienors as defined by Florida Statute 713 for all labor, materials and supplies used 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 lienor, except a laborer, who is not in privity with the Contractor shall either before beginning or within 45 days after beginning to furnish labor, materials, or supplies, shall serve the Contractor with notice in writing that the lienor will look to the Contractor's bond for protection on the work. (2) Alienor, who is not in privity with the Contractor and who has not received payment shall serve the Contractor with written notice of the performance of labor or delivery of materials and supplies and the nonpayment therefore within 90 days after performance of the labor or complete delivery of materials and supplies. (3) No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless the notices stated under the preceeding conditions (1) and (2) have been given. (4) No action shall be instituted against the Contractor or the Surety after 1 year from the performance of the labor or completion of delivery of the materials or supplies. (5) This Bond is executed pursuant to Florida Statute 713.23 and the conditions and limitations of the payment provisions of Florida Statute 713 are incorporated herein by reference. Signed and sealed this 18th day of 19---92. In the presence of: THE .. / 1 / . / , . l,A.'/!:' r:.~/'-<". _ I 1". -/-;I/(~ / "./'{.... .- Vice - President )/(/7;.::>,~<< . F-/,_'< /C /1_/:,R;;,/ .. "::/ .' ,/ -c:"9/;~(;;:/ / / ..,," FIDELITY AND DEPOSIT c:~PANY OF MARYLAND ...//~>~ ~') .' // ..:/~. / ../ /' .." ./., .-,/'.' /.' ..... ./.' /' .'-;///''':.', .../ By ~. _ /i /// ,;/ (Seal) c, T, I D.W. MATSON, III, lie ATTORNEY-IN-FACT C32645M.10.81 214115 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 reads as follows: "The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice. Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice. Presidents, Assistant Vice. Presidents and Attorneys.in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies. contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company thereto." does hereby nominate constitute and appoint D. W. Matson, III of Miami, Florida....... s rue an awful agent and Attorney.in.Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings............................... n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly 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 D. W. Matson, III, dated, October 31, 1983. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By.Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice.President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this ..........._.fJ~_L........__day of ...................._J_?lm_~lJ~.Y................... , A.D. 19..__~_?. ii' ..........e..~.~~::~.=.SIT ::~~.=.y..e.,.~.:Ryr~m ............ Assimmt Secretary ~ STATE OF MARYL-\ND t ss. CITY OF BALTIMORE }. On this 2 1st day of J anua ry , A.D. 19 85 ,before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice. President and Assistant Secretary of the FIDWTY 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' nd affixed by Official Seal, at the City of Baltimore, the day and year first above written. ...; N~~~"'~~"iL:::i9i~ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDWTY 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 FIDWTY 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 ~ower 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_m~~_!:~..m.... day of ..___...AugJ.lSL......_m..mm........ . 19____.__9..2 Ll4280-C.f. -030-0165 FOR YOUR PROTECTION LOOK FOR THE F&D \VATERMARK