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
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Phone: (305) 885-2463
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for t~ purpose of performing all of the Work required by the
Contract Documents for the following PROJECT:
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.ROADWAY IMPROVEMENTS - Big Pine Key
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_ 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:
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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
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BID PROPOSAL
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00110-3
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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:
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MCUJee tll. t1 /' /--2 ZJ~,/-1>./;JJ ..7;.Uc.
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Date:
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Signed:
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Walter R. Brewer
(Name)
Witness:
Vice - President
(Title)
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Gwen A~ k~-( Sea 1-) ~ Secretary
01/10/92
BID PROPOSAL
00110 - 4
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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
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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
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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
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affixed his/her signature in t~e space provided above on this
NOT ARY PUBlI C
My commission expires:
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Notary Public State of Florida at Large
My Commission Expires Aug. 19, 1992
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Form PUR 7068(Rev. 04/10/91)
01/10/92
BID PROPOSAL
00110 - 6
Section 00110
Non-Collusion Affidavit
Walter R. Brewer
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according 10 10... on III)' oOlh. and ulldcr pCllalt)' of perju')'. dcposc OJld so)' Ihol;
Vice - President
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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:
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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()
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01/10/92
BID PROPOSAL
00110 - 7
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Section 00110
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
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SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
-
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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", //
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Walter R. Brewer
,
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(Sigrlature)
Dale:
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STATE OF /,Lt7/!1 ))/9
COUNTY OFb II j)C
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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 /
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NOTARY PUBUC
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,\~r commiss;oll el/,;res:
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Notary Public State of Florida at large
My Commission Expires Aug. 19, 1992
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01/10/92
BID PROPOSAL
00110 - 8
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" THE AMERICAN INSTITUTE OF ARCHITECTS
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AlA Document A310
Bid Bond
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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,)
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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
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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
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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.
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Signed and sealed this
21st
day of
July
19 92
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Lt e.l~_
(Witness)
THE
secre..~
INC.
(Seal,
Assi~,talll
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Vice - Presidellt
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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
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-.. 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.
:.:.:.:. "
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........ -"
::::;::: .,/
\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:
):/, //;'
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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
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l,A.'/!:' r:.~/'-<". _
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"./'{.... .-
Vice - President
)/(/7;.::>,~<< .
F-/,_'< /C /1_/:,R;;,/ .. "::/ .' ,/ -c:"9/;~(;;:/
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FIDELITY AND DEPOSIT c:~PANY OF MARYLAND
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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
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