03/07/1989
SECTION 00500
CONTRACT
J
THIS AGREEMENT, made and entered into this 7th day of March, 19 ~
A.D., by and between The Card Sound Road and Bridge Toll Authority, party of the
first part (hereinafter sometimes called the "Owner"), and. The Brewer
Company of Florida, Inc. ..
party of the second part (hereinafter sometimes called the "Contractor").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the
Drawings and described in the Specification entitled:
ROADWAY IMPROVEMENTS
CARD SO UND ROADS I
MONROE COUNTY, FLORIDA
as prepared by Post, Buckley, Schuh &:. Jernigan, Inc., acting as, and in the
Contract Documents entitled the Owner's Engineer, and shall do everything
required by this Contract and the other Contract Documents, utilizing the
traffic paint option plus Additive Items 9, 10 and 11.
1.02 THE CONTRACT SUM
A. The Owner shall pay to the Contractor for the faithful performance of the
Contract, in lawful money of the United States, and subject to addition and
deductions as provided in the Contract Documents, as follows:
B. Based upon the price shown in the Proposal heretofore submitted to the Owner
by the Contractor, a copy of said Proposal being a part of these Contract
Documents, the aggregate amount of this Contract is the sum of
One Hundred Thirty-two Thousand Six Hundred Thirteen and Twenty-five cents
Dollars ($132,613.25).
1.03 COMMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work within 10 calendar days after receipt of
Notice to Proceed.
B. The Contractor shall prosecute the work with faithfulness and diligence and
shall complete the work not later than 90 calendar days after receipt of Notice
to Proceed.
C. The date on which contract time begin shall be either the date on which the
Contractor actually begins work or 10 days after the Notice to Proceed is
issued, whichever is earlier.
00500-1
04-021.73
1.04 CONTRACTOR'S ACCEPTANCE O'F CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the surface of the
site and has made sufficient test holes, or other subsurface investigations to
fully satisfy himself that such site is a correct and suitable one for this work
and he assumes full responsibility therefore. The provisions of this Contract
shall control any inconsistent provisions contained' in the specifications. All
Drawings and Specifications have been read and carefully considered by the
Contractor, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions
or situations shall this Contract be more strongly construed against the Owner
than against the Contractor and his Surety.
B. Any. ambiguity or uncertainty in the Drawings or Specifications shall be
interpreted and construed by the Owner's Engineer and his decision shall be
final and binding upon all parties.
C. It is distinctly understood and agreed that the passing, approval and/or
acceptance of any part of the work or material by the Owner, his Engineer, or
by any agent or representative as in compliance with the terms of this Contract
and/or of the Drawings, and Specifications covering said work, shall not operate
as a waiver by the Owner of strict compliance with the terms of this Contract,
and/or the Drawings and Specifications covering said work; and the Owner may
require the Contractor and/or his surety to repair, replace, restore and/or make
to comply strictly and in all things with this Contract and the Drawings and
Specifications any and all of said work and/or materials which within a period
of one year from and after the date of the passing, approval, and/or acceptance
of any such work or material, are found to be defective or to fail in any way to
comply with this Contract or with the Drawings and Specifications. This
provision shall not apply to materials or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement
before their condition is discovered. The Contractor shall not be required to do
normal maintenance work under the guarantee provisions. Failure on the part
of the Contractor and/or his Surety, immediately after Notice to either, to
repair or replace any such defective materials and workmanship shall entitle
the Owner, if it sees fit, to replace or repair the same and recover the
reasonable cost of such replacement and/or repair from the Contractor and/or
his surety, who shall in any' event be jointly and severally liable to the Owner
for all damage, loss and expense caused to the Owner by reason of the
Contractor's breach of this Contract and/or his failure to comply strictly and in
all things with this Contract and with the Drawings and Specifications.
1.05 LIQUIDATED DAr.1AGES
A. It is mutually agreed that time is of the essence of this Contract and should the
Contractor fail to complete the work within the specified time, or any
authorized extension thereof, there shall be deducted from the compensation
otherwise to be paid to the Contractor, and the Owner will retain the amount of
Two Hundred Dollars ($200.00) per calendar day as fixed, agreed, and liquidated
damages for each calendar day elapsing beyond the specified time for
completion or any authorized extension thereof, which sum shall represent the
actual damages which the Owner will have sustained by failure of the.
Contractor to complete the work within the specified time; it being further
agreed that said sum is not a penalty, but is the stipulated amount of damages
sustained by the Owner in the event of such default by the Contractor.
00500-2
04-021.73
B. For the purposes of this Article, the day of final acceptance of the work shall
be considered a day of delay, and the scheduled day of completion of the work
shall be considered a day scheduled for production.
1.06 PARTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and
subject to additions and deductions as provided, the Owner shall pay the
Contractor as follows: .~.
1. Within 30 days after receipt of the Contractor's request for partial
payment by the Owner, the Owner shall make partial payments to the
Contractor, on the basis of the estimate of work as approved by the
Owner's Engineer, for work performed during the preceding calendar
ffi9nth, less ten percent (10%) of the amount of such estimate which is to be
retained by the Owner until all work has been performed strictly in
accordance with this Agreement and until such work has been accepted by
the Owner.
2. Upon submission by the Contractor of evidence satisfactory to the Owner
that all payrolls, material bills and other costs incurred by the Contractor
in connection with the construction of the work have been paid in full, and
also, after all guarantees that may be required in the specifications have
been furnished and are found acceptable by the Owner, final payment on
account of this Agreement shall be made within sixty (60) days after
completion by the Contractor of all work covered by this Agreement and
acceptance of such work by the Owner.
1.07 ADDITIONAL BOND
A. It is further mutually agreed between the parties hereto that if, at any time
after the execution of this Agreement and the Performance and Payment Bonds
hereto attached for its faithful performance, the Owner shall deem the surety
or sureties upon such bonds to be unsatisfactory, or if, for any reason, such
bond(s) ceases to be adequate to cover the performance of the Work, the
Contractor shall, at his expense, and within three days after the receipt of
Notice from the Owner to do so, furnish an additional bond or bonds, in such
form and amount, and with such sureties as shall be satisfactory to the Owner.
In such event, no further payment to the Contractor shall be deemed due under
this Agreement until such new or additional security for the faithful
performance of the work shall be furnished in manner and form satisfactory to
the Owner.
1.08 CONTRACT DOCUMENTS
A. The Contract Documents, as stated in the Instructions to Bidders and attached
hereto, are as fully a part of this Contract as if herein repeated. An
enumeration of the Drawings accompanying these Contract Doc.uments follows:
Sheet No. Title
1 Cover Sheet
2 Typical Section and Details
3-6 Plan and Profile
7 Pavement Marking Plan
00500-3
04-021.73
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written in three (3) counterparts, each of which shall, without
proof or accounting for the other counterparts, be deemed an original Contract..*
J
AJItIIIOV6D AS 0"'"
?V AND1(1StJ leftNCY.
- Atrn,.;it~"'J-:;-Offic~
The Card Sound Road and Bridge Toll Authority
Party of th; ~i7- Part
By: /JlI~ );~
11},4vtJte LCJl4'Je(1JA~
I
Attest:
Signed, Sealed and Witnessed in the
presence of:* *
The Brewer Co. of Florida, Inc.
Party of the s)~~nd Part
1~~'
By:
Walter R. Brewer
Vice - President
Title
A ttest:~, I~_______" f'
\, /) lU{;j...j.. )<'C,(J (~ kk'
.~ " /\ .........- ---
/Gwen Lu-eck~ Assistant Secretary
(Seal)
(*) In the event that the Contractor is a Corporation, there shall be attached to
each counterpart a certified copy of a resolution of the Board of Directors of
the Corporation, authorizing the officer who signs the Contract to do so in its
behalf.
(**) Two witnesses are required when Contractor is sole ownership or partnership.
00500-4
04-021.73
CERTIFICA TE
(Sample)
STATE OF FLORIDA )
COUNTY OF '1;Ifl;)C)
ss
I HEREBY CERTIFY that a meeting of the Board of Directors of
The Brewer Co. of Florida, Inc. . a corporation under the laws of the State of
fLtL/jll . held onllJ/J,et.l! /.3 . 19.3 the following resolution was duly passed and
adopted:
Walter R. Brewe(
"RESOLVED, that , as
1/ ,.~ President of the corporation, be and he is
hereby authorized to execute the Contract dated
/J7/lft(f 1 . 19ft between Monroe County, Florida, and
this corporation, and that his execution thereof, attested by the
Secretary of the corporation and with corporate seal affixed,
shall be the official act and deed of this corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this -11- day of ;niJltll . 19P1.
II ~---0
;J~!5J ~J:~1~rlA-t ef( 0
Gwen Luecke
END OF SECTION
00500-5
04-021.73
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
COUNTY OF )
ss
KNOW ALL MEN BY THESE PRESENTS that The Brewer Company of Florida,
Inc. as Principal, hereinafter called Contractor, and
HARTFORD FIRE INSURANCE COiVIPr'\~~Y as Surety, hereinafter
called Surety, are held and firmly bound unto The Card Sound Road and Bridge Toll
Authority as Obligee, hereinafter called Owner, in the amount of One Hundred
Thirty-two Thousand Six Hundred Thirteen and Twenty-five Cents Dollars
($132.613.25) 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
entered into a Contract with Owner for:
March 7
19~
ROADWAY IMPROVEMENTS
CARD SOUND ROADS I
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall in all respects promptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall indemnify
the Owner and the Consulting Engineer and save either or all of them harmless against
and from all costs, expenses and damages arising from the performance of said Contract
or the repair of any work thereunder, then this obligation shall be void; otherwise, this
Bond shall remain in full force and effect, in accordance with the following terms and
condi tions:
A. The Principal and Surety jointly and severally agree to pay the Owner any
difference between the sum to which the said Principal would be entitled on the
completion of the Contract, and that sum which the Owner may be obliged to pay
for the completion of said work by Contract or otherwise, and any damages,
direct or indirect or consequential, which the said Owner may sustain on account
of such work, or on account of the failure of said Contractor to properly and in all
things, keep and execute all of the provisions of said Contract.
00610-1
04-021.73
B.
And this Bond shall remain in full force and effect for a period of one (1) year
from the date of acceptance of the project by the Owner and shall provide that
the Contractor guarantees to repair or replace for said period of one (1) year all
work performed and materials and equipment furnished that were not performed
or furnished according to the terms of the Contract, and shall make good, defects
thereof which have become apparent before the expiration of said period of one
(1) year. If any part of the project, in the judgment...of the Owner, for the reasons
above stated needs to be replaced, repaired or made good during that time, the
Owner shall so notify the Contractor in writing. If the Contractor refuses or
neglects to do such work within five (5) days from the date of service of such
Notice, the Owner shall have the work done by others and the cost thereof shall
be paid by the Contractor or his Surety.
C.
And the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or
to the work to be performed thereunder or the specifications accompanying the
same shall in any wise affect its obligations on this bond, and it does hereby waive
Notice of any change, extension of time, alteration or addition to the terms of the
Contract or to the work or to the Specifications.
D.
The surety represents and warrants to the Owner th~he. y have a Best's Key
Rating Guide Genera.l) POlicyholder,ls Rating of" +- "and Financial
Category of "Class X V ".
00610-2
04-021.73
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this _ day of MAR 2 8 1989 19--, A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authoritYJof its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).-
PRINCIP AL:
The Brevv~? Co. of Florida, Inc.
1:;;/// ~--
I.~'
. · ~- Walter R. Brewer (Affix
Signature of Authorized Officer (Seal
WITNESSES: ./\
, ;' / '
>r:J\ 'i l[~:-'y_-t.e _ (' k--k~---___
Gwen Luecke Assistant Secretary
Vice - President
Ti tIe
fftJl AJ /1). /~& 57?~-er
Business Address
/hI lJil)1 ~ /ZcJ//6.4 33/1 g
City ~ State
SURETY:
WITNESS: . ,.j
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't 1f&;I/L. {(J ' "8mC:C-;lt;)
1PANY
( Affix
(Seal
Name of Local Insurance Agency
SEITllN & COMPANY
P.O. Bo)( 025220
Milmi, Fl33102-S220
Tel: (305) 591-0090
00610-3
04-021.73
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
210242
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a cor-
poration duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford.
County of Hartford, State of Connecticut, does hereby make, constitute and appoint
DONALD A. KAPLAN, JAMES H. WATERS, JOHN K. PEPPER, f{1.ARVIN R . HAVEN,
EVANTHIA QUESADA, KAAREN REAGAN and BARBARA TYSINGER
of CORAL GABLES, FLORIDA
its true and lawful Attorney(s)-in-Fact with full power and authority to each of said Attorney(s)-in-Fact, in their separate
capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies;
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
e~:~~~:_~_g_U~~~:~~~n:_~:~~~::~~:~:=:~~~~:::::::~::~:itted in all actions or P~:::~:::::~~~~~:_~~~~d'
-----------------------------
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all
that its said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions:
(1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971.
ARTICLE IV
SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint. for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-
Presidents, Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President, Resident Assistant
Secretary, or Attorney-in-Fact, and revoke the power and authority given to him.
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them. to
execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings
obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested by one other of such Officers.
(2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY
duly called and held on the 11th day of June, 1976:
RESOLVED: Robert N. H. Sener, Assistant Vice-President and Thomas F. Oelaney, Assistant Vice-President, shall each have as long as he holds
such office the same power as any Vice-President under Sections 6, 7 and 8 of Article IV of the By. Laws of the Company.
This power of attorney is signed and sealed by facsirnile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day
of August, 1976.
R ESOL VEO, that, whereas Robert N. H. Sener, Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President, acting with any Secretary
or Assistant Secretary, each have the power and authority, as long as he holds such office, to appoint by a power of attorney, for purposes only of
executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Assistant
Secretaries and Attorney-in-Fact;
Now, therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its
Assistant Vice-President, and its corporate seal to be hereto affixed. duly attested by its Secretary, this 1 st day of April,
1983.
Attest: HARTFORD FIRE INSURANCE COMPANY
~
Mary Scharf, Secretary
STATE OF CONNECTICUT, l ss.
COUNTY OF HARTFORD, ~
On thi~ 1st day of April, A.D. 1983, be~ore ~e personally came Robert N. H. Sener, to me known, who being by me duly
swo~n, did depose and say: that he resides In the County of Hartford, State of Connecticut; that he is the Assistant Vice-
~resldent of the HARTFORD FIRE INS~RANCE COMPANY, the corporation described in and which executed the above
Instr~ment; that ~e knows the seal of said corpo~ation; that th~ seal affixed to the said instrument is such corporate seal;
that It was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like
order.
(I',,',.,
~~
~'L\l
C:2., ~ / '-:>
.~.,,;- ~_/
f-,/
Robert N. H. Sener
Assistant Vice-President
(jt87.~:~-,
~o/l1~
Gloria Mazotas, Notary Public
My Commission Expires March 31. 1988
STATE OF CONNECTICUT, i \('o~v~:~.~"
S5. ~
COUNTY OF HARTFORD, CERTIFICATE
. I, the undersigned, Assistant Secretary .of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corpora-
tion, DO HEREBY CERTIFY that the foregOing and attached POWER OF ATTORNEY remains in full force and has not
been revoked; an~ furthermore, that ,Article IV, Sections 8 and 11, of the By-Laws of the Company, and the Resolutions
of the. Board of Directors, set forth In the Powar of Attorney, are now in force. MAR 2 8 19 9
Signed and sealed at the City of Hartford. Dated the day of 8 19
j)~ II.
I~.. ~..'~..
l~~~\
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~~
Form S-3507-3 (HF) Printed in U.S.A.
CERTIFICATES AS TO CORPORATE PRINCIPAL
115S/.
t certify that I am the Seoretary of the Corporation
Wa Iter R. Brewer
named as Principal in the within bond; that
I,
Gwen Luecke
who signed the said
VJce - Pre~luei.i "~. f. ·
~ , 0 saId - Corpora tIon; that I
bond on behalf of the Principal, was then
know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
Corporate
'eal
A5:Jr.
STATE OF FLORIDA )
COUNTY OF )
ss
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
JOHN K. PEPPER
to me well known, who being by me first duly sworn
upon oath, says that he is the A ttorney-in-F act, for the
HARTFORD FIRE INSURANCE COMPANY
and that he has been authorized by POWER OF ATTORNEY ATTACHED
to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
()UJL?~
~
Subscribed and sworn to before me this _ day of MAR 2 8 1989
19--, A.D.
(A ttach Power of Attorney)
My Commission Expires:
,,~ ",_I..~ I fe, ;:....
END OF SECTION
00610-4
04-021.73
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA )
COUNTY OF )
ss
KNOW ALL MEN BY THESE PRESENTS that The Brewer Company of Florida,
Inc. as Principal, hereinafter called Contractor, and
HARTF"ORn FIRF INSI JRAN~r= ~OMPANY as Surety, hereinafter called
Surety, are held and firmly bound unto The Card Sound Road and Bridge Toll Authority,
as Obligee, hereinafter called Owner, in the amount of One Hundred Thirty-Two
Thousand Six Hundred Thirteen and Twenty-five Cents Dollars ($ 132,613.25) for
the pay-ment 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 March 7
into a Contract with Owner for:
19~ entered
ROADWAY IMPROVEMENTS
CARD SO UND ROADS I
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelow defined,
then this obligation shall be void; otherwise, this Bond shall remain in full force and
effect, subject to the following terms and conditions:
A. A claimant is defined as any person supplying the Principal with labor, material
and supplies, used directly or indirectly by the said Principal or any subcontractor
in the prosecution of the work provided for in said Contract, and is further
defined in Section 255.05(1) of the Florida Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before
the expiration of a period of ninety (90) days after performance of the labor or
after complete delivery of materials and supplies by such claimant, may sue on
this Bond for the use of such claimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such
suit.
00620-1
04-021.73
c. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant, other than one having a dil'ect contract with the
Principal, shall within forty-five (45) days after beginning to furnish labor,
materials or supplies for the prosecution of the work, furnish the Principal
with a notice that he intends to look to this bond for protection.
2. Unless claimant, other than one having a direct contract with the
Principal, shall \vithin ninety (90) days after such claimant's performance
of the labor or complete delivery of materials and supplies, deliver to the
Principal written notice of the performance of such labor or delivery of
such material and supplies and the nonpayment therefor.
3. After the expiration of one (l) year from the performance of the labor or
completion of delivery of the materials and supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by any
law controlling the construction hereof such limitations shall be deemed to
be amended so as to be equal to the minimum period of limitation
permitted by such law.
4. Other than in a sta te court of competent jurisdiction in and for the county
or other political subdivision of the state in which the project, or any part
thereof, is situated, or in the United States District Court for the district
in which the project, or any part thereof, is situated, and not elsewhere.
D.
The Principal and the Surety jointly and severally, shall repay the Owner any
sum which the Owner may be compelled to pay because of any lien for labor or
materials furnished for any work in.eluded in or provided by said Contract.
E.
The Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration of or addition to the terms of the Contract or to
the work to be performed thereunder or the Specifications applicable thereto
shall in any wise affect its ol?ligations on this Bond, and the Surety hereby
waives notice of any such change, extension of time, alterations of or addition
to the terms of the Contract, or to the work or to the Specifications.
F.
The Surety represents and warrants to the Owner that thjf have a Best's Key
Rating Guide General POliCYh~er'S rating of " 1-- " and
Financial Category of "Class )( ".
00620-2
04-021.73
IN WITNESS WHEREOF, the above bou"llJ~ ~BStt6' executed this instrument under
their several seals, this _ day of i 19---, A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESS: (If Sole Ownership or Partnership, two (2) Witne~es required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIP AL:
The Bren Co. of Florida, Inc.
r;'/)L'// Walter R. Brewer .
</ ~ (AffIx
Signature of Authorized Officer (Seal
WITNESSES: 1\
If ~lff~f~~( 1Le
~wen Luecke Assistant Secretary
Vice - President
Title
: yfZ;/ )/.10. /IJ(P .5:rAlEe:r
Business Address
/J7/illn/ (?J-!)~/O/l 331jt
City /State
SURETY:
E COMPAN'l
WITNESS: -'"
/ .1i2&f/u cd ~/ab~)
I //.
C/
( Affix
(Seal
Name of Local Insurance Agency
SEITLIN & CCI1PANY
P.O. 80)( 025220
Mtamt, Fl3JI02-S220
T-el: (305) 591-0090
00620-3
04-021.73
. ~~\,
~~~
~~
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<v~
HARTFORD FIRE INSURANCE COMPANY
Hartford. Connecticut
210242
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a cor-
poration duly organized under the laws of the State of Connecticut. and having its pnnclpal office In the City of Hartford.
County of Hartford. State of Connecticut. does hereby make, constitute and appoint
DONALD A. KAPLAN , JAMES H. WATERS, JOHN K. PEPPER, V~VIN R . HAVEN,
EVANTHIA QUESADA, KAAREN REAGAN and BARBARA TYSInGER
of CORAL GABLES, FLORIDA
its true and lawful Attorney(s)-in-Fact. with full power and authority to each of said Attorney(s)-in-Fact. in their separate.-
capacity if more than one is named above. to sign, execute and acknowtedge any and all bonds and undertakings and other
writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies:
guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed,
-------------------------------------~------------ -
---------------------------------------- ----------
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and
undertakings and other writtngs obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD
FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all
that its said Attorney(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions:
(1) By-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971.
ARTICLE IV
SECTION 8. The President or any Vice-President. acting with any Secretary or Assistant Secretary. shall have power and authority to appoint. for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. one or more ResIdent Vlce-
Presidents. Resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such Resident Vice-President. Resident ASSistant
Secretary. or Attorney-in-Fact, and revoke the power and authority given to him. _
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney Issued to them, to
execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings
obligatory in the nature thereof, and any such instrument executed by any such Attorney-tn-Fact shall be as binding upon the Company as If signed by an
Executive Officer and sealed and attested by one other of such Offtcers.
(2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY.
duly called and held on the 11th day of June. 1976:
RESOLVED: Robert N. H. Sener. Assistant Vice-President and Thomas F. Defaney. Assistant Vtce-President. shall each have as .ong as he holds
such office the same power as any Vice-President under Sections 6, 7 and 8 of Article IV of the By-Laws of the Company.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day
of August, 1976.
R ESOL VED. that. whereas Robert N. H. Sener. Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President, acting With any Secretary
or Assistant Secretary. each have the power and authority. as long as he holds such office, to appoint by a power of attorney. for purposes only of
executing and attesbng bonds and undertakings and other writings obligatory in the nature thereof. one or more Resident Vice-Presidents. ASSistant
Secretaries and Attorney-in-Fact:
Now, therefore. the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating
thereto by faCSfmlle. and any such power of attorney or certificate bearing such faCSimile signatures or facsimile seal shall be valid and bInding upon the
Company and any such power so executed and certified by facsimile signatures and faCSimile seal shall be valid and binding upon the Company in the
future with respect to any bond or undertaking to which it is attached.
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its
Assistant Vice-President. and its corporate seal to be hereto affixed. duly attested by its Secretary. this 1 st day of April.
1983.
Attest: - -- HARTFORD FIRE INSURANCE COMPANY
~
Mary Scharf, Secretary
STATE OF CONNECTICUT. l ss.
COUNTY OF HARTFORD, ~
On thj~ 1st day of April. A.D. 1983. before me personally came Robert N. H. Sener, to me known. who being by me duly
swo~n, did depose and say: that he resides in the County of Hartford. State of Connecticut; that he is the Assistant Vice-
~resldent of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above
Instr~ment: that ~e knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;
that It was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like
order. - .
~o@:~ ~ cm~.
Gloria Mazotas. Notary Public
My Commission Expires March 31.1988
(8 r. ~ . '~'.~/.
~~ ~./
f . -
Robert N. H. Sener
Assistant Vice-President -
STATE OF CONNECTICUT, l ss.
COUNTY OF HARTFORD. f CERTIFICATE
. I. the undersigned, Assistant . Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corpora-
tion, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not
been revoked: an~ furthermore. that .Article IV, Sections 8 and 11. of the By-Laws of the Company, and the Resolutions
of the Board of Directors. set forth In the Power of Attorney, are now in force.
Signed and sealed at the City of Hartford. Dated the day of 11M ~ 13 1989
g: jJ~ II.
~~~~>
19
Form 5-3507-3 (HF) Printed in U.S.A.
CERTIFICATES AS TO CORPORATE PRINCIPAL
11'V7.
1, Gwen Luecke , certify that I am the Se;retary of the Corporation
named as Principal in the within bond; that Walter R. Brewer who signed the said
bond on behalf of the Principal, was then Yice - President .:. of said. Corporation; that I
know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
Corporate
Seal -
/l56~r.
STATE OF FLORIDA )
COUNTY OF )
ss
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
JOHN K. PEPPER
to me well known, who being by me first duly sworn
upon oath, says that he is the Attorney-in-Fact, for the
HARTFORD FIRE INS1JRANCE CO~4Pft.NY
and that he has been authorized by POWFR or ATIORNEY 4.TT.t\CHED to
execute the foregoing bond on beh.alf of the Contractor named therein in favor of
Monroe County, Florida.
Subscribed and sworn to before me this
19---, A.D.
(A ttach Power of Attorney)
My Commission Expires:
END OF SECTION
00620-4
04-021.73
SECTION 00650
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY THAT THE
Insurance Compa~y
Address
of
has issued policies of insurance, as described below and identified by a policy number, to
.the insured named below; and to certify that such policies are in full force and effect at
this time. It is agreed that none of these policies will be cancelled or changed so as to
affect the interest(s) of the (hereinafter
.sometimes called the Owner) until thirty (30), days after written notice of such
cancellation or change has been delivered to the Owner's Architect/Engineer; Post,
Buckley, Schuh &: Jernigan, In.c.
Insured
Address
Status of Insured _ Corporation _ Partnership
Location of Operations Insured
Individual
Description of Work
INSURANCE POLICIES IN FORCE
Forms of Coverage
* Worker's Compensation/Employers' Liability
+Comprehensive Automobile Liability
oComprehensive General Liability
Policy Number
Expiration Date
Contractual Liability
+Excess Liability
Other (Please specify type)
POLICY INCLUDES COVERAGE FOR:
1. Additional Insured: The Owner.
2. * Liability under the United States Longshoremen's and
Harbor Workers' Compensation Act.
3. +All owned, hired, or nonowned automotive equipment
used in connection with work done for the Owner.
YES
NO
00650 - 1
04-021.73
POLICY INCL UDES COVERAGE FOR: (Continued)
YES NO
4. OOamage caused by explosion, collapse or structural
injury, and damage to underground utilities.
5. Products/Completed Operations
6. Owners and Contractors Protective Liability
7. Liability assumed in the Contract
8. Personal Injury Liability
9. +Excess Liability applies excess of:
(a) Employers' Liability
(b) Comprehensive General Liability
(c) Comprehensive Automobile Liability
(d) Contractual Liability
FORM OF COVERAGE
LIMITS OF LIABILITY
BODIL Y INJURY
PROPERTY DAMAGE
Worker's Compensation
Statutory
xxxxxxxxxxxx
Employers' Liability $
Each Accident XXXXXXXXXXXXXXX
Comprehensive
Automobile Liability $
Each occurrence-
Combined Single Limit BI/PD
Comprehensive
General Lia'bility $
Each occurrence-
Combined Single Limit BI/PD
Contractual
Liability
$
Excess Liability
$
Each occurrence-
Combined Single Limit BI/PD
Other (please
specify type)
The ,Insurance Company hereby agrees to deliver, within ten (10) days, tw.o (2) copies of
the above policies to the Owner's Architect/Engine~r when so requested.
NOTE:Entries on this certificate are limited to the Authorized Agent or Insurance
Company Representative.
Date
(SEAL)
Insurance Company
Issued at
Authorized Representative
Insurance Agent or Company
- Send original and one copy to:
Post, Buckley, Schuh & Jernigan, Inc.
1 North Krome Avenue
Homestead, Florida 33030
END OF SECTION
00650 - 2
04-021.73
. ....~~-'~::r~>t~~~~~'.~...,.~~'"',~~......O:,;:.7...:=.....,i-=.:..;.."'""...,-.....~..",.,~>~"~':'.;:,'.-,._..j.~:-;""L""'__'...:;
~~~"I~
ISSUE DATE (MM/DD/YY)
PRODUCER
3/16/89
ARTHUR J. GALLAGHER & CO.
P.O. Box 02-5288
Miami, FL 33102-5288
Tel 11(305) 592-6080
CODE SUB-CODE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
COMPANIES AFFORDING COVERAGE
~~~~~NY A National Union Insurance Co.
INSURED
~~~~~NY B International Insurance Co.
The Brewer Company of Florida, Inc.
9801 NW 106th Street
Miami, FL 33178
E~~~~NY C
~~-:-i~~NY D
~~~~NY E
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAiN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE. POLICY EXPIRATION
DA TE (MM/DD/YY) DATE (MM/DD/YY)
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
A X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR.
OWNER'S & CONTRACTOR'S PROTo
8171212RA
9/1/88
9/1/89
GENERAL AGGREGATE
PRODUCTS-COM PlOPS AGGREGATE
PERSONAL & ADVERTISING INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
$ 2,000
$ 1,000
$ 1,000
$ 1,000
$ 100
$ 5
~1;~Ae~\;:\::'~c('.ceS9 /1/89
-- q':; :: ':r:-:'~>::~~r~.~ta.
... l :Y"l ~ ~_ s. ,;:,.nd
MEDICAL EXPENSE (Anyone person)
COMBINED
SINGLE
LIMIT
$
1,000
AUTOMOBILE LIABILITY
A X ANY AUTO
,'\LL OWNED AUTOS
SCHEDULED AU ros
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
CA82308093RA
BODIL Y
INJURY $
(Per person)
BODIL Y
INJURY $
(Per accident)
6~~~~~TY $
EXCESS LIABILITY
B
X Umbrella
524-202158-7
9/1/88
9/1/89
EACH
OCCURRENCE
$
AGGREGA TE
$
OTHER THAN UMBRELLA FORM
5,000
5,006
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
$
$
$
(EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
(DISEASE-EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERA TIONS/LOCA TIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS
Card Sound Road I, Project #04-021.73
~nroe County as Adcli tional Insured
ClRTIF'CA~E...HOt..DER
Monroe County Public Works Dept.
500 Whitehead Street
Key west, Fla. 33040
C._.ON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPOjl THE CO PANY, ITS AGENTS OR REPRESENTATIVES.
I
L~,es..$~____.....__~~~_..~.~~~.~.....
,_....,,:~~~Q~~...~~!!POR~:!IDN....D!~~~,