10/24/1990
. - ..."...,
SECfION 00500
CONTRACf
THIS AGREEMENT, made and entered into this J~ . day of ctf,~t-,
~ A.D., by and between Monroe County, Fori - a, party of the lrst part
~fter sometimes called the "Owner"), and THE BREWER ~MPANY 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
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1.02 '
A.
B.
1.03
A.
B.
c.
SCOPE OF THE WORK
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 Speclfication entitled:
5 ROADWAY IMPROVEMENTS
\~~ \..\-.. SUMMERLAND KEY ROADS II
r_O' r OCEAN DRIVE, EAST SHORE DRIVE
-~) 0 ';: WEST SHORE DRIVE, AIRPORT DRIVE SOUTH
" ;:r~ Z; MONROE COUNTY, FLORIDA
. (..; (....)
'.~ \. :,J
_a~~pared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in
?ihe' 'eontract Documents entitled the Owner's Engineer, and shall do
~e~ng required by this Contract and the other Contract Documents.
THE CONTRACf SUM
The Owner shall pay to the Contractor for the faithful performance of the
Contract, in lawful money of the United States, and subject to addition
and deductions as provided in the Contract Documents, as follows:
Based upon the price shown in the Proposal heretofore submitted to the
Owner by the Contractor, a copy of said Proposal being a part of these
Contract Documents, the aggregate amount of this Contract is the sum of
THREE HUNDRED FIFTY-NINE THOUSAND
TWO HUNDRED EIGHT-SIX, AND Dollars ($ 359,286. 79 ).
79/100
COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work within 10 calendar days after receipt
of Notice to Proceed.
The Contractor shall prosecute the work with faithfulness and diligence
and shall complete the work not later than 120 calendar days after
receipt of Notice to Proceed.
The date on which contract time will 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
04-009.01
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1.04 CONTRACfOR'S ACCEPTANCE OF 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
e>"l'ressly agreed that under no circumstances, conditions or situations shall
this Contract be more strongly construed against the Owner than against
I the Contractor and his Surety.
B. Any amb~ity or uncertainty in the Drawings or Specifications shall be
interprete and construed by the Owner's Engineer and his decision shall
I be final and binding upon all parties. .
c. It is distinctly understood and agreed that the passing, approval and/or
I acceptance of any part of the work or material by the Owner, his
Engineer, or by any agent or representative as in comEliance with the
terms of this Contract and/or of the Drawings, and Speci ications 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
I 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/
I 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 Drawin~s and
Specifications. This provision shall not apply to materials or e~lpment
I normally eXl'ected to deteriorate or wear out and become su ject to
normal repaIr and replacement before their condition is discovered. The
Contractor shall not be required to do normal maintenance work under
I 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
I 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 e~1Jense caused to the Owner by reason of the
I 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
Specifica tions.
I 1.05 LIQUIDATED DAMAGES
A. It is mutually agreed that time is of the essence of this Contract and
I should the Contractor fail to complete the work within the specified time
or any authorized extension thereof, there shall be deducted from th~
compensation otherwise to be paid to the Contractor, and the Owner. will
I retain the amount of Two Hundred Dollars ($200.00) per calendar day as
fIXed, agreed, and liquidated damages for each calendar day elapsing ~
..... 00500-2 04-009.01
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
m the event of such default by the Contractor.
B. For the purposes of this Article, the day of final acceptance of the work
shall be considered a day of delay, and the scheduled day of 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 60 days after receipt of the Contractor's request for partial
payment by the Owner, the Owner shall make partial payments to the
Contractor, on the basis of the estimate of work as approved by the
Owner's Engineer, for work performed during the preceding calendar
month, less ten 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 Eayment 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.
:
00500-3
04-009.01
1.08 CONTRAer DOCUMENTS
A. The Contract Documents, as stated in the Instructions to Bidders and
attached hereto,. are as fully a part ?f this Contract as if herein repeated.
An enumeratIon of the DraWings accompanying these Contract
Documents follows:
Sheet No.
1
2
3
4-8
Title
Cover Sheet
Typical Sections and Details
Details
Plan
1.09 ETHICS CLAUSE
The Brewer 'Co. of Floridal Inc.
warrants that he/it has not
employed, retained or otherwise had act on his/its behalf any
former County officer or employee subject to the prohibition
of Section 2'of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No.
010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this contract
without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover,
the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County.officer or employee.1I
00500-4
04-009.01
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 .s~all,
without proof or accounting for the other counterparts, be deemed an ongmal
Contract.
Party 0
By:
Corporation
Vva Iter R. Brewer
-
.\lice - Preslaent
Attest:
B ~
I ,"-- "-. / . Gwen Luecke
:; ~ ~'L( l-t1)'r- / elf e }0:. ----, (Seal)
Assistant Secretary
Signed, Sealed and Witnessed in the
presence of: * *
Tt& 'loti, JCII,4../ Jt~~~
It e I
Attest:DANNY L. ~OLHAGEJ ClerJt
. ~ (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.
APP/ItW6D AS TO FOlill!
A,'-/D LEGAL SUFFICIE'VCY.
BY
00500-5
04-009.01
CERTIFICATE
(Sample)
STATE OF FLORIDA )
S5
COUNTY OF :b)/-4})i. )
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 flj)K/ -Dr! , held on JP/llJ}/.i:'~ (;; , 19252 the following resolution was duly
passed and adopted:
nRESOL VED, that Walter R. Brewer ,
as v' ) t.:E President of the corporation, be and he is
hereby authorized to execute the Contract dated
~, 19 , between Monroe County, Florida, and
this corporation, ana 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 5 day of AIL L {-)r)tiE~ , 190~
~~~~'r ju_
/ /
~b~-j .7": See etary
Gwen Luecke
END OF SECTION
.
.
00500-6
04-009.01
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
ss
COUNTY OFJ)Aj)e:. )
KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called
Contractor, and t HARTFORD FIRE INSURANCE COMPANY as Surety,
hereinafter called Surety, are held and firmly bound unto Monroe County, Florida,
as Obligee, hereinafter called Owner, in the amount oLl 3~7j ;h8fo.. 79
Dollars ($ ) 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 OC.hb~ ~~
1990, entered into a Contract with Owner for:
ROADWAY IMPROVEMENTS
SUMMERLAND ROADS, II
OCEAN DRIVE, EAST SHORE DRIVE
WEST SHORE DRIVE, AIRPORT DRIVE SOUTH
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 conditions:
A.
The Principal and Surety jointly and severally agree to fay the O\vner any
difference between the sum to which the said Principa 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.
And this Bond shall remain in full force and effect for a period of one
B.
00610-1
04-009.01
c.
(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 tl1at 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.
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.
The surety represents and warrants to the Owner that they ha~e . a Best's
Key Rating Guide General f9licyholder's Rating of 1I--f:f...1:::- II and
Financial Category of "Class X V fl.
D.
00610-2
04-009.01
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several seals, this _ day <?f IOY 11l!o19 _' A.D., the name and
corporate seal of each corporate party bemg lieretJ a: iXed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
WITNESSES:
(If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIP AL:
rHE BREWER C MPANY OF FLORIDA. INt.
d:) i
Uu j
vvalter R~ Brewer
( Affix
Signature of Authori~.ed Officer Seal)
Vlce - Preslueut
WITNESSES:
Name of Firm
( Affix
Signature of Authorized Officer Seal)
Gv~en LuecK~ j
?
Title
Assistant Secretary
9ID/ .u). )t>U .sT:Pt::zr
Business Address
/1)} >t)lhl ;-c.OIII '/)17 33/' Jt
,
City ? State
SURETY:
HARTFORD FIRE INSURANCE COMPANY
Corpo te urety
WITNESS:
ddLM tL L&Mti)
( Affix
Seal)
Name of Local. Ins~rancepAgency
SEITLI" & COMPAN'
812! N.N. 53rd Street, Suite JOD
P.O. Box 025220
Miami, Fl 3310Z~5220
00610-3
04-009.01
HARTFORD FIRE INSURANCE COMPANY
HmtIord, ConnectIcut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation 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
SAM SEITLIN, R. LOUIS SEITLIN, M. STEPHEN JACKMAN, FRANKLIN E. WHEELER,
MICHAEL BONET and JOHN K. PEPPER of MIAMI, 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 executing or guaranteeing bonds and undertakings required or
perm~e~_i~_~~~~t~~~s_:~:~~c:~~~s_:~::~~w allowed, _------------------------------ .
and to bind the HARTFORD FIRE INSURANCE-COM~ANY thereby ~s 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. shall 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 facsimile under and by the authority of the following Resolu-
tion adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly catted and held
on the 6th day of August, 1976.
RESOLVED. that. whereas Robert N. H. Sener. Assistant Vice-President, acting with any Secretary or Assistant Secretary. has 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 18th
day of March 1988.
Attest: HARTFORD FIRE INSURANCE COMPANY
/r:~rt~ #1 ~.
Secretary
STATE OF CONNECTICUT, t
f ss.
~.~/~
Robert N. H. Sener
Assistant Vice-President
COUNTY OF HARTFORD,
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. &;tner, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the
Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said
instrument is such corporate seat; 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. /"-'-Df4"
(I~.,.~. "\\ ~~.. c/) /~ _
} i~n .;-;> .,..) /..,.1 , ~..t~~ L-4..
~;
5S. ~ Jacqueline T. Derosiers. Notary Public
COUNTY OF HARTFORD, CERTIFICATE My Commission Expires April 1. 1993
I. the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY. a Connecticut
Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF A TIORNEY remains in full force
and has not been revoked; and furthermore, that 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.
STATE OF CONNECTICUT,
Form 5-3507-4 (HF) Printed in USA
Dated the "0 V
(B",
if .... ~
...~~
7 1999ay of
j)~ 1I~.9
David A. Johnson
Assistant Secretary
CERTIFICATES AS TO CORPORATE PRINCIPAL
Gwen Luecke l156r.
I, , certify that I am the Secretary 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 Vice - 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.
1
4J ~~l/~
I UJ-{~, .~. (Corporate
/ .' r7:.0f . Secretary)
Seal
STATE OF FLORIDA )
ss
COUNTY OF Df} ~ )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared JOf:fN K. ~ffJrrn 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 INSURANCE COMPANY
and that he has been authorized by P.owER OF AllORNEY ATfAr.fjEO to
execute the for~oing bond on behalf of the Contractor named therein in favor of
the /JItJAJRoF UtlVI/ r PI. I
Subscribed and sworn to before me this _ day of "Of 7 1990 , 19 _, A.D.
(Attach Power of Attorney) r;/Jffi4..tl- d ~~~--tL<<)
Notary Public
State of Florida-at-Large .
Notary Public State of Florida at large
My Commission Expires Aug. 19, 1992
My Commission Expires:
END OF SECfION
00610-4
04-009.01
SECfION 00620
PAYMENT BOND
STATE OF FLORIDA )
S5
COUNTY OF ])f7--'~ )
KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called
Contractor,and HARTFORO FIRE INSURANCE COMPANY as Surety,
hereinafter called Surety, are held and firmly bound unto Monroe County, Florida,
as Obligee, hex;einafter called Owner, In the amount of
Dollars ($ '~~8"Co'lf ) 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 ~d".b""" :II
1990, entered into a Contract with Owner for:
ROADWAY IMPROVEMEl'rrS
SUMMERLAND KEY ROADS, II
OCEAN DRIVE, EAST SHORE DRIVE
WEST SHORE DRIVE, AIRPORT DRIVE SOUTH
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.
NO\V, 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; othenvise, 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 \vith labor,
material and supplies, used directly or indirectly by the said Principal or
any subcontractor in the prosecution of the \vork 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 O\vner shall
not be lIable for the payment of any costs or expenses of any such suit.
00620-1
04-009.01
c. No suit or action shall be commenced hereunder by any claimant:
1. Unless claimant, other than one having a direct contract with the
Principal, shall within forty-five (45) days after be-ginning 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 within 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 J?erformance
of such labor or delivery of such material and Sup-plIes and the
nonpayment therefor.
t
3. Mter the. expiration of one (1) 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 state court of competent jurisdiction in and for
the county or other political subdiviSIon of the state in ,vhich the
proje.ct, or any part thereof, is situated, or in the United States
District Court for the district in \vhich the project, or any part
thereof, is situated, and not elsewhere.
D. The Principal and the Surety jointly and se\rerally, 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 included 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 obligations on this Bond, and
the Surety hereby waives notice of any such change, ex1ension of time,
alterations of or addition to the terms of the Contract, or to the ,vork or
to the Specifications.
F. The Surety represents and warrants to the O\vner that they have a Best's
Key Rating Guide General Policyholder'~ rating of "-.B- +- "
and Financial Category of "Class X V "
00620-2
04-009.01
IN WITNESS WHEREOF, the above bouQded parties executed this instrument under
their several seals, this day of lor 7 1990 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) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIP AL:
f I'"
. A,. jtic.
Walter R~ 6rewe~
(Affix
leer Seal)
Signa ture 0
WITNESSES:
~~a, )J GW"en Luecke Vice - President
~~4-lU~~ Title
~sistant ~ecre\:ary tJ fb / /!J. ttJ. / LJ~ ...5~ r
Business Address
/17/ /<2~/.
I
City /
SURETY:
r-L/);g/ Or-! 33/ / ?
State
WITNESS:
~2A d~L~
( Affix
Seal)
Name of Local Insurance Agency
SF-ITLIN & COMPANY
Rl?5 N.W. 53rd Street, Suite 200
p,o. Box 025220
~~'l)nl' ~ i-I. 11102-1522~
00620-3
04-009.01
CERTIFICATES AS TO CORPORATE PRINCIPAL
Gwen Luecke fJ:557.
I, , certify that I am the Secretary of the Corporation
Vvalter R. Brewt;~ .
named as Principal in the within bond; that who SIgned the
said bond on behalf of the Principal, was then yice - Presluent 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.
t
~~'/j
I t "'V-t Lk-J
/l-:J6/. . ~creta ·
(Corporate
--------
Seal)
STATE OF FLORIDA )
S5
COUNTY OF bl+ ~ )
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 INSURANCE COMPANY
and that he has been authorized by ROWER OF ATTORNEY ATTAC~O to
execute the foregoing bond on behalf of the Contractor named therein in favor of
Monroe County, Florida.
Subscribed and sworn to before me this _ day of NI1V
-y '~"8
'-~~ '
, 19_, A.D.
(Attach Power of Attorney)
~.I /! (p ')
~~ ~. frt~-t~~
Notary Public
State of Florida-at-Large
Notary Pubt Ie State of Florida at Large
My Commission Expires Aug. 19, 1992
My Commission Expires:
END OF SECTION
00620-4
04-009.01
.. .
HARTFORD FIRE INSURANCE COMPANY
Hartford, Connecticut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a
corporation 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
SAM SEITLIN, R. LOUIS SEITLIN, M. STEPHEN JACKMAN, FRANKLIN E. WHEELER,
MICHAEL BONET and JOHN K. PEPPER of MIAMI, 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 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 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 dehver 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, shall have as long as he hotds 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 Resolu-
tion adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held
on the 6th day of August, 1976.
RESOLVED, that, whereas Robert N. H. Sener, Assistant Vice-President. acting with any Secretary or Assistant Secretary, has 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 shalt 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 Wllnna 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 18th
day of March 1988.
Attest: HARTFORD FIRE INSURANCE COMPANY
/r:~rt~~~.
Secretary
STATE OF CONNECTICUT, t
\ ss.
~.~/~
Robert N. H. Sener
Assistant Vice-President
COUNTY OF HARTFORD,
On this 18th day of March, A.D. 1988, before me personally came Robert N. H. S~ner, to me known, who being by
me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the
Assistant Vice-President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which
executed the above instrument; that he 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. 4iiA'T-.~,\,
(r 41>'44. ~ ""\~. ~ /~ ,
} \~ ";;,,, J I -.' · 1JI(...L;..t.~~ L-4..
.~.
ss. ",' Jacqueline T. Derosiers, Notary Public
COUNTY OF HARTFORD, CERTIFICATE My Commission Expires April 1, 1993
I. the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut
Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked; and furthermore. that 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.
STATE OF CONNECTICUT,
Form S-3507-4 (HF) Printed in U.SA
Dated the. 0 Y
II
~~
7 1991rY of
j)~ IIr.9
David A. Johnson
Assistant Secretary
SECTION 00650
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY THAT THE
Insurance Company
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 \vill be
cancelled or changed ~o as to affect the interest(s) of the
(hereinafter some-times called the Owner) until thirty (30)
days after written notice of such cancellation or change has been delivered to the
Owner's ArchitectlEngineer; Post, Buckley, Schuh & Jernigan, Inc.
Insured
Address
Sta tus of Insured
_ Corporation
_ Partnership
Individual
Location of Operations Insured
Description of Work
INSURANCE POLICIES IN FORCE
Forms of Covera~e
*Worker's Compensation!Employers' Liability
+ Comprehensive Automobile Liability
oComprehensive General Liability
Contractual Liability
Excess Liability
Other (Please specify type)
POLICY INCLUDES COVERAGE FOR:
Policy Number
E:>a.rpiration Date
YES
NO
1.
2.
3.
Additional Insured: The Owner.
*Liability under the United States Longshoremen's
and Harbor Workers' Compensation Act.
+ All owned, hired, or nonowned automotive
equipment used in connection
WIth work done for the Owner.
00650-1
04-009.01
POLICY INCLUDES COVERAGE FOR: (Continued)
YES
NO
4.
5.
6.
7.
8.
9.
ODamage caused by explosion, collapse or
structural injury, and damage to underground utilities.
Products/Completed Operations
Owners and Contractors Protective Liability
Liability assumed in the Contract
Personal Injuf): Liabilio/
+ 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
BODILY INJURY
PROPERTY DAMAGE
XXXXXXXXXX
XXXXXXXXXX
Worker's Compensation
Employers' Liability
Comprehensive
Automobile Liability
Comprehensive
General Liability
Contractual
Liability
Statutory
Each Accident
Each occurrence-
Combined Single Limit BIIPD
Each occurrence-
Combined Sin,gle Limit BIIPD
Excess Liabilitv
Each occurrence-
Combined Sin,gle Limit BIIPD
Other (please
specify type)
The Insurance Company hereby agrees to deliver, within ten (10) days, two (2)
copies of the above policies to the O\VI1er's ArcbitectlEngineer when so requested.
NOTE: Entries on this certificate are limited to the Authorized Agent or
Insurance Company Representative.
Date (SEAL)
Issued at
Insurance Company
Authorized Representative
Insurance Agent or Company
- Send original and one copy to:
Post, Buckley, Schuh & Jernigan, Inc.
I North Krome Avenue
Homestead, Florida 33030
END OF SEcrION
00650-2
04-009.01
ASSOCIATED GENERAL CONTRACTORS
SELF INSURERS FUND
P.O.BOX 10409, TALLAHASSEE, FLORIDA 32302
CERTIFICATE OF SELF INSURANCE
ISSUED TO:
Monroe County Public Works Department
500 Whitehead Street
Key West, Florida 33040
This is to certify th&}.HE BREWER CO.OF FLORIDA, INC. t
9801 N.W. 106 STREET
MIAMI,. FL 331.78
being subject to the provisions of the Florida Worker's Compensation Act, has secured the payment of
compensation by becoming a member of the Associated General Contractors Self Insurers Fund.
COVERAGE NUMBER: f.3..-80-0:L290
EFFECTIVE DATE:
1/01./9()
Statutory - State of Florida
EXPIRATION DATE: 1/():l/91
$:,,000 t 000 ErTlQlo..vers LiabJlity
COMBINED SINGLE LIMIr
REMARKS Additional Insured:
Monroe County Public Works Department
Project Name: Roadway Improvements of Summerland Key Roads II
# 04-009.01
Should any of the above described policies be cancelled before the expiration date thereof, the issuing
company will endeavor to mail 30 days written notice to the certificate holder named above, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company, its agents or
representatives. ~ _- . ~
DATE: November 8, 1990 BY: ~S
Vice President CRIMS, Inc.
...........
. ........
...,....~
P. O. Box 144022
Orlando, Florida 32814-4022
Combined Risk and Insurance Management Services
3300 University Blvd. . Suite 140 . Winter Park, Florida 32792 . 407/657-6005 . FAX 407/657-0068
CE.RTIf;ICATE OF INSURANCE
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MAnER 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.
Company
Letter
Company
letter
Company
Letter
Company
letter
Company
Letter
Tbis Certificate or Insurance or Binder evidences tbe limits or liability In effect at the Inception or the policies shown. Note
the aggregate limits. All claims paid exhaust tbe aegrelate limits and reduce tbe amount of in au ranee In force.
Arthur J. Gallagher & Co.
P.O. Box 02-5288
Miami, Fl 33102-5288
Tel II (305) 592-6080
CODE:
SUB CODE
INSURED
The Brewer Company of Florida, Inc.
9801 Northwest 106th Street
Miami, Florida 33178
COVERAGES
Companies Affording Coverage
A National Union Insurance Co.
B First State Insurance Co.
e
D
E
THIS IS TO (ERTIFY THAT POLICIES OF INSURANCE lISTEO BELOW HAVE BEEN ISSUED TO THE INSURED N.^.MED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICA TE 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 TYPE Of INSURANCE POLICY NUMBER POLKY fFFECT1Vf POliCY EXPlunON
lTa OA Tf (M M/OOIYY) DATE (MMIOONY) ALL liMITS IN THOUSANDS
General Liability Gl8174133RA 9/1/90 1/1/91 GENERAL AGGRfGA n S 2,000
A
[g) Commercial General Liability PRODUaS-COMP/QPS AGGREGATE S 1 ,000
o Claims Made I8J Occurrence PERSONAL I ADVfRnSIHG INJURY S , ,000
DOwners' & Contractors' Protective lACH OCCURRENCE S 1 ,000
0 fiRE DAMAGE lAn1 one fire) S 100
MEDICAL EXPENSE lAn~ one pel'Jon) S 5
Automobile Liability CA 8230859RA 9/1/90 1/1/91 Combined
[8J Any Auto Single Limit $1,000
A o All Owned Autos
o Stheduled Autos S
(g] Hired Autos S
~ Nonowned Autos
o Gar age Liability S
0
Excess liability' U.S. 0001604 9/1/90 1/1/91 Each Aggregate
A [81 Umbrella Form Occurrence
0 Other Than Umbrella Form S 5 ,000 S 5 ,000
Workers' Compensation And Statutory
Employers' Liability, (EACH ACC'OENn
(DISEASE. POLICY lIMln
(DISEASE. EACH EMPlOYEE)
Other
Description of OperationslLocationslVehicleslSpecialltems
RE: Roadway Improvements of Surnmerland Key Roads II - ~roject 1!04--009.01
Monroe County Public Works Dept. additional insured for this 'project
:i~ittf~nl19,m~ili:,:::~;::\:~~::::~:::tf;\:;~:iillmi;:illli~ti!lMiililli\:ili:l\\~l;\i~;~:ji.::::::\:;;~Nf:mDQH;:mmltrnilitMi:li:~:;~i*i1i;;:;::;li;*~i:i\~lit~iill;:;*I;lll~~t:1;li;:::i~ili::llilt:~llili~Jtiili]~Jiliili::)~llli~B:t:;
Monroe County Public Works Dept .I~:~~~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE
· {:~ EXPIRATION DATE THEREOF. THE ISSUING COMPANY Will ENDEAVOR TO MAIL 30
500 Whitehead St. ~jr DAYS WRITIEN NOTICh TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT
Key West Fla 33040 I-:f~ FAllU.RE}O MAl SU2 NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY
, · ~] KIND U ON T CO AN/~ITS AGENTS OR REPRESENTATIVES.
Ji Aut lj ized e~ talJi -W.E. Nel5On. Ant. Vlte Pruident
y~: /L/~' L/1
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAnER 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.
Company
Letter
Company
Letter
Company
Letter
Company
Letter
Company
Letter
COVERAGES I This Certificate of Insurance or B. inder evidences the limits of liability in effect at the inception of the policies shown. Note
the algregate limits. All claims paid ezhaust the aggre,ate limits and reduce the amount of insurance in force.
,HI) is Tv (ERT,F,' I HA-' t'vL.~it:) vf ir4SUAANl.l: LI)"I tU Ht:LVW HI-\"t 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.
Arthur J. Gallagher & Co.
P.O. Box 02-5288
Miami, FL 33102-5288
Tel II (305) 592-6080
CODE:
SUB CODE
INSURED
The Brewer Company of Florida, Inc.
9801 Northwest 106th Street
Miami, Florida 33178
CO
lTl
TYPE OF INSURANCE
POLICY NUMBER
Companies Affording Coverage
A National Union Insurance Co.
B First State Insurance Co.
e
D
E
A
General Liability GL8174133RA
[8J Commercial General liability
o Claims Made ~ Occurrence
DOwners' & Contractors' Protective
o
9/1/90
POLICY EFFEcnvE POLICY EXPIRATION
DATE CMM/DDIVY) DATE CMMIDDIVY)
1/1/91
ALL LIMITS IN THOUSANDS
A
Automobile Liability CA 8230859RA
(8J Any Auto
o All Owned Autos
o Scheduled Autos
("gJ Hired Autos
181 Nonowned Autos
o Garage Liability
o
Excess Liability u.s. 0001604
~ Umbrella form
o Other Than Umbrella Form
9/1/90
9/1/90
A
Workers' Comperisation And
Employers' Liability
Other
L..--'---~--"_.,,~ ~
Description of Operati~~onsIVe ~~~ecialltems
,/" RE: Summe and Key Roads II
GENERAL AGGREGATE
PRODUas.cOMP/OPS AGGREGATE
PERSONAL a ADVERTISING INJURY
EACH OCCURRENCE
FilE DAMAGE (Anyone fire)
MEDICAL EXPENSE (Anyone person)
1/1/91
Combined
Single Limit S 1.000
Bodily Inju~ S
(Per Person
Bodi~ Injury S
(Per ccident)
Property S
Damage
(EACH ACCIDENT)
s
S
$
$
$
$
2,000
1 ,000
1 ,000
1 ,000
100
5
1/1/91
.11"1111" S5~:~f~nce
Statutory
....................................................
.........................
:::::::::::=::::::;::=:::::::::::::::::::::::::::::
...................................................
ttftfrrmmtttJ}
~~~~~~~~~t1it~~~~ ~i~~1~~itf~~i~rt:
11~!IIIII!IIJIIII"lll;
:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.-.:.:.:.:.-.:.:.:.:.:
Aggregate
$5,000
11~1!~1~~~~~~11~~~~~~1~11~11~~1!11!~~11~~11~~1~~~~11111~1j~~~111~~1~11!j1
s
s
(DISEASE. POLICY LIMIT)
s
(DISEASf . EACH EMPlOYEE)
_~~f~iI{lII_$Il._IW.~~~~.lltml1m.~a1lU_
I~~~~ SHOULD ANY OF THE ABove""o'EsCR'iii"EO'.POLicl"ES" BEo"CA"N'CEL"EO BEFO'RE" THE"
City of Key West ~1 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
310 Fleming St. _ ~~rGR.WE~;~~~I."lN~. J~~~EJ8TtHJ."H.C ~,..~[~~~ ~gLJ>BEL~G~~~~DO~~,l~,~,i~~F :M~
Key West, Fla. 33040 ~ KINDU~N~fiE~~Y. I', AGE~~JiRREPRESENTATlVES.
ATT: Randy Ludacer I A~-&Z;;'~tiv . ~.Asst.ViceP'esident
SWORN STATEMBNT UNDER SECTION 287.133(3)(6).
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMes
~r 1 b.--
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHeR
OFFICER AUTHORIZED TO ADMINlSTER OATHS.
1. This swam statement is submitted with Bid. Proposal or Contract No. Ill-a/: /;1 --......
ror/"~~"'N-A(',tJ( .:;0J}I'kIJ/~7>?~)275 ~/ ~L~/I)/?)~:rL~"//1)6 ,et:.=c.. ,e~'I!-.tJ,5A
2. This sworn Itatement is submitted by, I. The Brewer Co. of Florida, Inc.
(name oTentlty SUbntittinl swom ItatemenfJ
whose business addre4S i. 9i"l ,(to Lc' , /C0-: w- ,S';:-. /))/4/))/' /i' <.....0</f ~~
(if applicable) its Federal Employer Identifi acion N~lI1bet (FEIN) is :;:;' -{,55J!r 7 t .
(if the entity has no FEIN, includ ccurity Number of the individual signing this
3.
sworn statement:
· Wa Iter R. rewer d 1. L: h' d b
My name II an my rc atlons&u~ to t c entity name a ave
(please · Tpnnt name of 1iidiViaUaI Signing)
Vice - President
is
4.
I understand that I .public entity crime' 8& dcfwcd in Paragraph 287.133(1)(&).
F10rida Statutes. means a violation of any state: or federal law by a persoD with respect to
and directly lrellted to the transaction of business with anYlublic cnti~ or with an agency or
political subdivision of any other State or with the Unite States, including but not limited
tOt any bid or contract for goods or servirCl to be provided to any .public entity 01 an
asenoy or political subdivision of any oth~r state or of the United Slates and tnyolvjng
antitJUst. fraud. theft, bnocry, collusion. racketeenns. conspiracy. or material
misrepresentation.
I undcntand that .convicted- or "conviction- as der1ned in ParaStaph 287. 133(1)(b), Florida
Statutes. mealll I findina of guilt or a conviction of a public entity crime) with or wttliout an
adjumCitioJ1 of pUt. in any federal or state trial court or record relating to charlel brouaht
by indictment or informadon after July 1, 1989, u . result of a jury veraict. nonjut)' trial, or
entry of a pIe. or gudty or nolo contendere.
I understand that an -affiliate- as defined in ParaSTaph 287.133(1)(a). 1:Jqrida Statutes, means:
a. A predecessor or IUcce.s.sor of a person convicted of a public entity crime: or
b. An cnti~ under tbe control of any natural penon who is active in the management of
the entity and who has been convicted of . public entity crime. The tenn Waffiliatc.
includes thOle officers. directoR1 executives, partners, shareholders, employees, members.
and agents who arc active in tne management of an .mUlte, The ownership by one
. person of shares conatituting a controlled interest in another penon, or a poohna of
equtl?ment or income among persons when not fot a fair market value under an arm',
length aarcemcnt, shall be a prima facie case that 9ne person controls another person.
A person who lU'lowin&lY coten into a joint venture -Nith a person who has been
comiQtcd of a p~~lic entity crime in Flonda during the preceding 36 months shall be
consIdered ao affiliate.
I understand that a 'penon. III defined in Para~aph 287.133(1)(c). Flqrida Statute't meaDl
.n~ natural person or entity ofsanlzed under the lawI of an~ etate or of the United States
with the 1esal power to' enter toto a bindinl contract aftd which bid. or appUCI to bid on
contracts for tHe provi,ioD of lood. or lemcea Jet by . public entity. or which othclWisc
tranlaeu or appliea to transact busine.sa with a public entit)'. nc tCtD1 "person- includea
thOle officers. directors. executives, partners. sharctiolden. employeCSt members and
agents who arc active in management or all entity.
51
6,
or
7.
8. . '-aised on- inlonn'tion and belief, the statement which I havc marked below is true in telation' .-
to)he entity submitting this &Worn statement. (Pltase indicate which statement appli(s.)
~either the entity submitting this sworn statement, nor any o ffice 1'1, directol1, ~ccutiyell,
partners, ahareholdcl1, employee" membera. or agents who are activo in management of the entity,
nor any affiliate of the entity have been charged with and convicted of . public entity c:rimc
subsequent to July I, 1989. '
The entity submitting this sworn Itatement, or one or more of the officen, directol'll
executives, pllrtnenk,shareholdcrI, employeel, members, or asents who arc active in management 01
the entity, or an amUate of the entity has been char,ed witli and convicted of a public: entity crime
subsequent to July 1, 1989, AND (Please indicate whlch additional statement Ip'plies).
There haa been a proceedin.& concerning the conviction before a liearing officer of the
State of Florida, Division of Adrwnistrative Hearings. The final order enterccf by the hearing
officer did not r1aee the p~non or amlilt~ on the convicted v~ndor list. (please atta~h I
copy of the finA order.)
The person or affiliate was plac:ed on the convicted vendor list. There has been a
mbsequent proceedin8 before a bearing officer of the State of plorida, Division of
Administrative Hearinas. The final order entered by the hearing officer determined that it
was in the public interest to remove the penon or affiliate (rom the convicted vendor list.
(please attacb a copy 'of the final order.) fJ
The penon or affiliate has not been placed on the c d vendor lilt. (Please
dcscn"be any action taken by or pending with the Department ral SeIYices.)
Walter r{. Brewer
PORM pua 7068 (Rev. 11/89)
Date: A./(~' tign I~L-
r; -,
~
~
//9 Y L,\
SWORN STATEMENT TJNDER ORDINANCE NO. 010.1990
MONROE COUNTY, FLORIDA
BTH1CS ClJ\OSS
The Brewer Co. of Florida, inc. .
warrants that it has not employed. 'retained or otherwise
had aet 011 its behalf any fonner COunty officer or employee eubject to the prolu"bition of Section 2
of Ordinance No. 010.1990 or any County officer or employee in violation of Section 3 of
Ordinance No. OU).1990. Por bieach or violation of this provision the Co nty may., in its
discretion, terminate this contract without liability and may also, in it. disc tio deduct from the
contract of purchase price, or otherwi5C recover, the full amoultt fee, commission.
percentage, gift. or conSideration paid to the former County officer or e 10
'~\.~h.~r l-t. Brewer
Yice - President
~..~) ! (/'/'(:;
r-' .
ST A TS OF /-t~/) Ie> ~'; /J
COUNTY OF ~/.j&C
T '1 TO JI do
Walter R. B rev.Jer
PERSONALLY APPEARED BEFORE ME. tbe underelgned authority,
who, after fint being swam by me, a.tr~cd hil/hcr signature (name of individual signing) in the
space provided above on this . , 3D day of Alt':;;))} U/L- ~9 51<:' .
ci~1 ~ I
I . I ./ v./... ;'
'. ,dwL a. Z./LLtL;JZ/
ARY PUBUC
My commission expires:
r\tC~~jry Public S tat2 Df Florida at large
My Commission Expin~s Aug. 19~ 1992