10/26/1984
SEC'fION 00500
CON'l'Rf\C1'
1J!JS AGREEMENT, made and entered into this ,tV)ay of 6).i1d..t/'L-J ,
19M A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "Owner"), and The Brewer Company of
Florida, Inc.
the "Contractor").
, party of the second part (hereinafter sometimes called
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
1.01 SCOPE OF THE \\lORK
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
KEY COLONY BEACH CAUSEWAY
AND OCEAN DRIVE EAST
CITY OF KEY COLONY BEACH
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 C~ntract and the other Contract Documents.
· 1.02 'TI-IE 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 Sixteen Thousand One Hundred
Twenty and 80/100-----------------_______-Dollars ($llfi l?n 8~
,
1.03 COMlVIENCEMENT 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 120 calendar days after receipt of
Notice to Proceed.
00500-1
401-002.38J
i.04 CONTl{ACTOJ.{'S A ~EP1'ANCE OIt' 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 situ~tions 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 DAMAGES
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
00500-2
401-002.38J
agreed that suiel: . is not c1 penalty, but is thv stipul. d amount of damages
sustained by thc Owner in the evcnt of such clefault by the Contractor.
B. For the purposes of this Article, Ute 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 PAl{,I'IAL AND FINAL PA YMENTS
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
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 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 ADDI'fIONAL 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 Documents follows:
Sheet No.
1
2
3-5
Title
Cover Sheet
Details
Plan and Profile Sheets
00500-3
401-002.38J
1i'J WITN j';SS WIJEREO .he plll'tics hel:to have CX(~(:llted tl1, Agreement on the day
and date fll'st above written in thl'ce (3) eounterparls, CHcll of which shall, without
proof or accounting for the other counter ,,>i'ts, be deemed an original Contract. *
MONROE CkfUNTY,
FLOR D ~OtJ1XOO}{
P art'\, the First Part ... . '
I /"". .A "
..'/'11/1_ ~, ~ n__ _ .
--- -- ,;x: () --, -~~
By:. . r'i " :l
Mayor/Chairman of the BqM9..'.' of. , ','.,
County Commissioners of.)1ohr 'e 'Cou,nty.
,~ .
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Signed, Sealed and Witnessed in the
presence of:* *
, , f
Florida, InC!.
By:
~..,euJeJ( ,.
A~&-\-, l);ce-~~~.I:~
T 1 tl e . ~ \, ;e~ c (: ':' fJ ~ c' ,:, ~;f:' '')
.~;:i1;' '. '~~~i
Attest: :'''/' ~;r
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"~ 'r (. .~,' .) (~ ;\ . . e ~ . .".~....... . .
'G-:-R,G(lL~~) ~~~&:~
( *) In the event tha t the Contractor is a Corpora tion, there shall be attached to
each counterpart a certifie<!t 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
401-002.38J
CERrrll~ICA TE
(Sarnple)
STATE OF FLORIDA
COUNTY OF J)a de.)
I HEREBY CERTIFY that a meeting of the Board of Directors of The...
~V'eloex en. 0 ~ f:\cv'.l InC!.? , a corporation under the laws of the State of
EJ A. , held on \0 - \ 5 , 1~, the following resolution was duly passed and
adopted:
ss
IIRESOLVED, that U,~.~I('e.wex- , as
~ President of the corporation, be and he is
hereby authorized to execute the Contract dated
, 19 , between Monroe County, Florida, and
this corporation, andthat his execution thereof, attested by the
Secretary of the corporation and with corporate seal affixed,
shall be the official act and deed of this corpora tion. II
I further certify that said resolution is now in full force and effect. .
IN WITNESS WHEREOF, I have hereunto set my hand and affixe()/the official seal of
the corporation this -15- day of Oc+oheJe , 1~<'" . .
R 55f.
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..... .-
. ~
END OF SECTION
00500-5
401-002.38J
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
ss
COUNTY OF :Dacb )
KNOW ALL MEN BY THESE PRESENTS that THE BREWER COMPANY Of fl C!~IDA.IN~
as Principal, hereinafter called Contractor,
and lUMBEBMENS MUTUAL GMfI"l TV CO. as Surety, hereinafter
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
. II ~
hereinafter called Owner, in the amount ofjne HUIJDJ.EDS'A.TC4AJ /J./lv'5#PD OAl~
JlulJll.ll.eQ 1:je:.J"'Y , ~ D Dollars ($a~J~I}.Ko) 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:
, 19_,
ROADWAY IMPROVEMENTS
KEY COLONY BEACH CAUSEWA Y
AND OCEAN DRIVE EAST
CITY OF KEY COLONY BEACH
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 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
401-o02.38J
. ,
..
. 1;
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 that tl}ey have a Best's Key
Rating Guide General Policyholder's Rating of" A....." and Financial
Category of "ClassXJJ If.
00610-2
401-002.38J
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this _ day of_DCT_1 1 1QRA 19 _, A.D., the name and
corporate seal of each corporate party ixed 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).
P RIN CIP AL:
INC~
;'
Signature of Authorized Offie'er '
Q~~I~+an-\-lJlc:e -r:pv:ef>'lclen+
Title
Ass',s-h=\n-\- - Sec\CeTncr-
9eol D. W. (0(0 ~+-
Business Address
\rn'IAmi Fla. 831-{R
City .I State
SURETY:
WITNESS:
Business Address
t..OA.,c. G~e~ /1..1- ~
City State
Name of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDA
2600 DOUGLAS ROAD
CORAL GABLES, FLA. 33134
P. o. BOX 343800
Q)RAL GABLES, FLA. 33134
TELEPHONE: 448-2211
00610-3
401-o02.38J
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LUMBERMENS MUTU,. ~ASUALTY COMPANY
Home Office: lonK Grove, Il 60049
POWER OF ATTORNEY
Ie "OW All M@" ., These Presents:
That the Lumbermens Mutual Casualty Company, a corporation organized and existing under the laws of the
State of Illinois, and havins Its principal office in Lons Grove, Ulinols, does hereby appoint . ........... ... .........
R. Leslie C1zek, Jr., Kenneth D. Gath1ngs! Harv1n R. Haven; Donald A. Kaplan; John K. Pepper!
James H. Waters, Bvanth1a D1ndtropoulos; Candlle Hanlon! Kaaren Fulton; all of...............
Coral Gables, Flor1da (BACH)..................................................................
its true and lawful asent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver durins the period begin-
ning with the date of Issuance of this power and endlns December 11, 1984, unless sooner revoked for and
on lis behalf as surely · and as Its act and deed: Any and 1111 bonda and uncfertllklnga."" ........................
.B
(XCEPTlON: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertakins which
luarantees the payment or collection of any promissory note, check, drart or letter of credit.
This authority does not permit the same obligation to be split Inlo two or more bonds in order to brlns each
such bond within the doltar limit of authority as set forth herein.
This appointment may be revoked at any time by the Lumbermens Mutual Casualty Company.
The eJl:ecution of such bonds and undertakings In pursuance of these presents shall be as bindinR upon the said
Lumbermens Mutua' Casualty Company as fullv and amply to all Intents and purposes, as if the same had been
duly e'fecuted and adtnowtedged by its regularlv elected officers at its principal office in Long Gruve,.lIIlnois.
THtS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1984
This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors or said Lum-
bt!rmens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, a true and accurate copy of' which
is hereinafter set forth and Is hereby certified to by the undersigned Secretary or Assistant Secretary as beins
in full force and effect: . _
"VOHO, That the Pre~ident or any Vice President or Secretary or any AS'iistanr Secretary !lihall have pOWf'r and authority
to appuint aRents and attorneys in fact. and to authorize them to ellecu'e on behalf of the company, and allach th.- 'ieal
ot the company thereto, bonds and undertakings. recognizances, contracts of indemnity and other writinR5 obfiAatury in th,'
nature thereor. and any such officer ur the company may appuint aRents for acceptanc-e or process."
This Power ofAltorney is signed, sealed and certified by facsimile under and by authority of the following re-
solution adopted by the Board of Directors of Ihe company at ~ meeting duly called and held on the 20th day
of May, 1915: ' . .
"vono. That the signaturr or the President, any Vice Presidenl, Secretary or Assistant Secre.ary, and the S('ill u' the Com-
pimy. ifnd the certification by any Secretary or Assistant Secretary, may be aflhced by racsimile on any pUWf'f or attmnev
."U'"( utrd Jursuant 10 resolution adopted br the Board 01" ()irector~ on May 18. 1965. and any such power su ell('cutr.d.
!I-('..It..d dn certified with respecl 10 any hOrl{ or simifar undertaking to which it is attached, shaff continu(' 10 he valid and
hindinR upon the Company." . .;.
In Testimony Whereof, the Lumbermens Mutual Casually Company has tau~ed this in5trument to be siRned and
ih corporate seal to be affixed by its authorized officers, this--Lt:.b..._day of --.No.JlembeI.______, 19~.
Attested and Certlfled: lUMIIERMENS MUTUAL CASUAL TV COMPANY
~~
i.iTj;;hn~~nf""ry
STATE OF ILLINOIS}..
COUNTY OF COOk
t. Gfln('vleve 8. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. t-t 'ohnson pf'r5on.,IIV known 'n
me 10 b(llh(l ~ame per50ns whose names are respectively as Vice Pres;t1enl and S(>crelarv or Ih~ Lumh(!rm(!n~ Mu-
tual Casualty Company, a Corporation or the State or IlIino;s, subscribed 10 the foregoing ;nslrunl(!fll, apflf'ared
hefore me this day in person and severally acknowledged Ihat Ihey being thereunto dulV authori/ed siRned.
seated with the corporate seal and delivered the said instrument as the Ire~ and voluntary act 0" said corpora-
tion and as their own free and voluntary act for the uses and purposes therein set forth.
By
J)I~ ~
G. H. Kashohm. Vice l'rr.sid('f,1
My ~_~~.!'1i~_s~~.!~"pires: May S, 1 ~__..
~~~ t.."
~t~~~~
.~~i
#~~ -~I'
Gfontovk'V{' ft. Huff. NfI'"ry "d"..
CfRTlFlCA TlON
I. Sven L. 'ohanson, Secretary of the Lumbermens Mutual Casualty Company, do herehy cerlify that the attit(:hed
Power of Attorney dated Novemb!t.r 4. 19B2 on hehalf of_.SaJIIl! "...Above.. ~~..".~~~~..~_..
________.i5 a true and correct (:opv and that
the" ;aF;,e has been in full force and effect since Ihe date thereof and is in full force and eflect on th(' dale or
this cE'rtific:a'f'; and I do furthf'r certify that the said G. H. Kashohm and R. H. 'o~nson who ~)cN"Ulrrl th('
"owpr 01 Attorney as Vice Presidt'nt and St.~cr('tClry n"s'lt'('livl'ly w('rl' un th.,' clatt' of lilt' .-\t't'u"nn 01 .IIU' .It-
tached Power of Attorney the duly elected Vice President and Secretary ul the Lumherfll(!n~ MUtUel' Casuillty
Company.
IN TESTIMONY WUEREOf, , have hereunto subscribed my name and affhl'd U1(' tor"or iltl~ st-al 0' It", Lurnht-r-
mens Mutual Casually Company on this day or. DC r .19_.
{~I . ~1j~
~~.~ .
SVf'n l. h,han..ono St'( ',"ary
This Power of Attorney limits the acts of those named therein to the honds and undertakinRs speCifically named
therein, and they have no authority to bind the Company eJl:cept in the manner and to the e'ftent herein stated.
fOR INfORMATION CONCERNING THIS POWER OF ATTORNEY, CAll (312) 540-2000, CONTRACT BOND DEPARTMENT:
OR WRITE, CONTRACT BONO DEPARTMENT, KEMPER GROUP, lONG GROVE, ILLINOIS, 60049.
o .. I ... : :.,. t. t, I
II '.(lC~I; " t......"'((r~ '.' ';'Ii j""
.d,:' to). rH4~,.~t'1n'(rV~~YfJH'~voJ'~1\/llN,I}p'J(nl"n'lrfV,)(H!"'It' J.j ,.
.,~,,~ I. o' ,f 'It,,, .,~,. ~~i'~'~~ t~~ht) ~" !,~' ~~~l"t'" ~,:~tr:r.I~('tY!Ur..~. ft," t~f.:~~!l..qh:': t, I!' ~,.'tJ , ~i 't.
I:;"'....
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, G-.":R. Ga.u,es , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that vr3:3)l""ewex- who signed the said
bond on behalf of the Principal, was thenQs..~J.LJi.ceS\t~. 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.
Secretary '.
. Corpqrate
Seal "
STATE OF FLORIDA )
ss
COUNTY OF::D~ )
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 lUMBERMENS MUTUAL CASIIAl.lI Co.
~ _.~ -..
and that he has been authorized by POWER OF ATTORNEY ATTA~J.lf'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
OCT 11 1984-, 19_, A.D.
(Attach Power of Attorney)
. f
t
Notary Public , .,(~. .i:J~
State of Florida-at- arge :1" ]
My Commission Expires: :Of~ry P~bli.c Stafe~!J F10rN~ aft:ti~.
~ SBlRI/33/0n &'PIH$Aprif> 21;.1987
END OF SECTION
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00610-4
401-002.38J
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA )
ss
COUNTY OF Dade. )
KNOW ALL MEN BY THESE PRESENTS that THE BREWFR r.nMPAfiY OF FLORIDA" INC-
as Principal, hereinafter called Contractor,
and lUMBERMENS MUTUAL CASUAlTV en as Surety, hereinafter
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
her inafter c~ Owner, in the amount of ()JJe !/PJJDIJ.CI) S''1./~A.J ~V~ fJu~
(l1Ji)~c/) /W~~ i"O j) Dollars ($ lIt,. J;1,DJlo)
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:
, 19_,
ROADWAY IMPROVEMENTS
KEY COLONY BEACH CAUSEWAY
AND OCEAN DRIVE EAST
CITY OF KEY COLONY BEACH
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
sui t.
00620-1
401-o02.38J
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 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 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 performance of such labor or delivery of
such material and supplies and the nonpayment therefor.
3. After 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 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 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, extension of time, alterations of 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 Rave a Best's Key
Rating Guide General POliCYhOld~'S rating of " ta: 7- "and
Finencial Category of "Class )( !L ".
F.
00620-2
401-o02.38J
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this _ day of ~CT 1 1 lQDI 19 _,A.D., the name and
corporate seal of each corporate party ~fixed and these presents duly
signed by its undersigned representative, pursuant to authority of its gov~rning body.
'...,".'j!
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required~A':"
(If Corporation, Secretary Only will attest and affix sefd).
PRINCIPAL:
.~. \.,i( i !
(~ ~(.v~(j'"
.~ . '-
0"'" .~'
T
(
. ", (,
l
,..
("
(. (Affix
(Seal
Wm
~_.~
, .:
/ /.~
C\SSIS-hn.+ Ol~e.~r~a', ~
Tille
f\s.sl~+~n+' ~~c..'('~
qBQI D. W. lob Sf;
Business Address
t'r\', A.m',) Fla. 3~(7,p,
City State
SURETY:
WITNESS:
Business Address
LOV(; G/U)vC! , If... L-
City State
(Afl- ,.'
(Sesl~~t"'~;' :.' . '
- . ....l!!....~.t~~. ....:~........)..f~. . '..'
,t~ "~li~
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...
Name of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDA'
2600 DOUGLAS ROAD
CORAL GABLES, FLA. 33134
P. o. BOX 343800
CORAL GABLES, FLA. 33134
TELEPHONE: 448-2211
00620-3
401-o02.38J
)
lUMBERMENS MUTU. ~ASUAlTY COMPANY
Home Office: long Grove, Il 60049
POWER OF ATTORNEY
Ie now All Men Iy These Prelen's:
That the lumbermens Mutual Casualty Company, a corporation organized and exislins under the laws or the
State of Illinois, and havinl"s principal office in lonl Grove, Illinois, does hereby appoint . ............. .........
R. Leslie Cizek, Jr., Kenneth D. Gathings, Marvin R. Haven! Donald A. Kaplan, John K. Pepper;
James H. Waters, Bvanthia Di.utropoulos; Candlle Hanlon, Kaaren Fulton; all or...............
Coral Gables, Florida (BACH}......................................~...........................
its true and lawful 8Ient(s) and altoftley(s)-hi-fact, to make, execute, seal, and deliver during the period besin-
nins with the date of Issuance of this power and endfns December 11, 1984, unless sooner revoked for and
on Its behalf as surety, and as U, act and deed: AnSI and all bonds and undertaJcings. .....................
.B
'J
I
EXCEPTION: NO AUTHORITY is granted to make, execute, sea' and deliver any bond or undertakins which
suarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does no' permit the same obligation to be split Into two or more bonds in order 10 brinA each
such bond within the dollar limit of authority as set forth herein.
This appointment may be revoked at any time by Ihe lumbermens Mutual Casualty Company.
The execution of such bonds and undertakings In pursuance of these presents shall be as 'bindinR upon the ~aid
lumber mens Mutual Casualty Company as fully and amply to all Intents and purposes, as if the same had been
duly executed and adtnowledsed by its regularly elected officers at its principal office in l..on8 Grove,. illinois.
THIS APPOINTM ENT S HAll CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEM8ER J 1, 1984
Thi~ Power of Attorney is ex~cuted by authority of a resolution adopted by the Board of Directors of said lum-
hl'rmens Mutual Casualty Company on May 18, 1965 at Chicaso, Illinois, a true and ~ccurale copy of which
is hereinafter set forth and Is hereby certified '0 by the undersisned Secretary or Assistant Secretary as beins
in full force and effect: . .
"vOnD. Th.1' 'he Presiden' or any Vice Presiden' or Secre'ary or any ^!Ii~is'an' Secre'ary !lihall have powrr ilnd au'hority
'n appoint aRen's and attorneys in fact. and '0 au'horize 'hem '0 e~ecu'r. on behalf or 'he company. and allach 'hr !lieal
o' 'he company there'o, bonds and under.akings. recognizances. cnntracts or indemnity and other wrmnRs obliAa'ury in Iht'
n.1'me Iherror. and any such officer of 'he cnrnpany may appoin' aRen'!Ii for accep'ant'e of process,"
This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following re-
solution adopted by the Board of Directors of 'he company at. ~ meelins duly called and held on the 20th day
of May, 1975: . .
"VOHO. Tha' Ihe signalUrE' of 'he Presiden'. any Vice Presiden.. Secrelary or Assislan' Srcre'ary. and Ihe S('ill u' .hc Com-
",my. ifnd the certification by any Secre'ary or Assistan' Secre'ary. may be allilled by fac!liimile on any powpr of attmncy
"'n'", utrd Jur!liuan. '0 resolutjon adop'ed by the Board 0'. Oireclor!oi nn May 18. 1965. and any SUdl flower su el(('cutcd.
~('.llt.d.m cerrified with re!lipecf '0 any hond or ~imitar undertakjns 10 which it is attachl'd. shall cuntinuE' '0 he valid and
hindinR upon the c.ompany." . .;.
In Testimony Whereof, the lumber mens Mutual Casualty Company has taused this instrument '0 he siRned and
it~ corporate seal 10 be affixed by its authorized officers, ,his--.4tlL_dav of ---1fovember_____ ___, 19~.
Attested and Cerllfled: lUMlfRMfNS MUTUAL CASUALTY COMPANY
-~-~
R.'" J(l.'tn~m. St'f"rf't.try
STATE OF ILlINOIS}_
COUNTY OF COOk
I. (il'n('vit:'ve 8. Huff, a Notary Public, do hereby certify that G. H. kasbohm and R. H. Johnson pf'rsonilllV known 'n
me to b~ Ihe same persons whose names are respectively as Vice PreshJen' and Secretary of the lumhermr.n~ Mu-
'ual Casualtv Company. a Corporation of the State of Illinois. subscribed to the foregoing instrum(!nt. appeared
hefore me this day in person and severally acknowledged 'hat they being 'hereun'u duly Cluthori/ed signed.
seaJed with the corporale seal and delivered the said instrument as the free and voluntary act of said corpora-
tion and as their own rree and voluntary act for the uses and purposes therein set forth.
.~.. .....
{~\1
~~
By
9Iy~
G. H. kasbuhm. Vice "r~sid(..tt
My ~_~~~i!.s~~.~~pir~: May S, 19~___"
~<t4~ f 4l.'l
~t:~~~:r
,~~.i
d/~~ _~~
~k'Y(" B. Huff. NfI'dry Pu'''"
CfRTlflCA liON
I, Sven L. Johanson, Secretary of the lumber mens Mulual Casualty Company, do hereby certify tha' the attached
Power of Attorney dated NovelJtb!f~.-2____on behalf of ...Same.._ u,-4bove__ .~~...~.~~~~.._..
________.is a 'rue and correct n)PV and 'hat
the" S;;;'e has been in full force and effect since the dale thereof and is in full force and eflecl on th(' date of
this c~rtificatft; and I do furthftr certify that the said G. H. kashohm and R. H. Jo~nson who ~)(N"utf'rl th('
rowrr of AttornE'Y as Vice Presidrnt and Sl~cr('tary f('SJl('('tivt'IV Wt'U' nn tile' daft' of lilt' <<''''Hilum 01 .1Ilt' .1',
lached Power of Attorney the duly elected Vice President and Secretary ul the lumherm(!n~ Mutu," Casu"Uy
Companv.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and anix~d tht' f()tpuri.tl! st'al u' lilt' lumlwr-
mens Mulual Casually Company on lhls day of DC . 19__,
ri'2i'< . r 14.!19~
e ~.
Svrn l. tnhamon. Sf.. ,.'Ia'y
This Power of Attorney limits the acts of those named therein to the honds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
H)R INHlRMATlON CONCERNING THIS POWER OF ATTORNEY, CAll (]12) 540-2000, CONTR^CT BONO DEPARTMENT;
OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, lONG GROVE, IlUNOIS, 60049.
: ., 1.\ r. :. .'. t. ,. ,
" l\1I1\f ., t....i.Il'te' ~. 'I~I
t i . . II .
'.. "
,,,,:' r.). r h.' ,'~f"'f r "r~,.t( 'f'YU H.tsv.J'~'IH Ndl II' H.ll tJ10, If f V~ O! tn.' II " i."
'tlH), t.. ./ lr':q .~~~lt"!~irl~~J~~~b.'~:J ~1~":t~!!.~~~~.f.~.~,~~~t;.:tL~~.~~}'!..!~,f~.~..,~~:1!1~:~:;~ :'.: .:U.! ~.If~,..'
'~:I'I.'~
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, G .~. G-n : n Q~ , certify that I am the Secretary of the Corporation
named as Principal in the within bond; that r-*,~.::p)YtoWeX" who signed the said
bond on behalf of the Principal, was the~s;:st.J\cP. r;Qc:s. 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
i
governing body.
'~ I,' ..
Secretary ..'
~rpora te
:'$'eal
r
('
- /.
STATE OF FLORIDA )
. ss
COUNTY OF J:x1cie )
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
lUMBERMENS MUTUAL CASUALTY CO~
and that he has been authorized by
pnWFR nF ATTnJ1N~ ATTACMED
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
OCT 111~, 19_, A.D.
Notary Public
State of Florida-at- ge
MNDtary Pu.bl;~ State. of Florida at brge.
My Commission Expires: Y ComllUSSIDIJ hp'rlS A~r;1 22, 1987
END OF SECTION
(A ttach Power of Attorney)
00620-4
401-o02.38J
, 'r
I 1'1
I
18/84
SCN II-JSU1<ANC
P.O. Box. 140/(1)
CofUtX GCtb.t.1l/6, F (:( '/rA cf a 33 11 4
INSURE.D
THE BRE(lJE'~ PI\~JY OF F LO RTf; 4, :Z\JC.
W.B. TRUCKING, INC. t~ ASPf-fALT i~,jATERI
& PAVING COMPANY"f Ti~\lCi
9801 N. W 1:1 1 0 6th. ~);t/~ef~l:
MiarrU, , F ~:~o JU.da 3 3 1 7 8
\
TRANSAMERI CA I NSURANCE CO~/jPANY
SAFETY MUTUAL CASUALTY CORP.
'e
)Mi:'i~N\' D
:TT~": ~
:)Mi=>ANV
'::Tr=~ IE
~1_1.1l11111111111i111!1.!1111I11111111111111111111111 111111111 I!! !II_I.II__II...IIIIIIII...___
i
THIS IS 1'0 CERTIlF'{ rt~All F'() .Jl;IE~:I' t~'F I' liS urll~ I :
NOTWITHlST~I!~ND.NG ANY 1:IEC;:1 !ljill::IE:I\H,I:: Ul" '1 E:I: III i I
BE ISSUED OR MAY PIERIT!UN "f'i[ P!I':;Uil Jj"~lfl: i : :
TIONS OF SUCH POIJClln I'
AUTOMOBILE LIABILITY
A X ANY AUTO I
ALL OWNED AUTOS (PRIV. PASS.) I
i
ALL OWNED AUTOS (~~~JHpl~~~) !
HIRED AUTOS I
X NON-OWNED AUTOS I
I GARAGE LIABILITY .L------ ,.,....,......_. _
EXCESS LIABILITY I UM 21346 106/01/84 06/01/85
UMBRELLA FORM! I
~:::ET~:~ :::::~:::::N .r------- ,.,....,......----1
AND I !I.
--j- OTHE:MPLOYERS' LIABILITY .t-'-----'.'....'''....-. '
I I
I .L,.______ ".,.,.'''.''"'"'.,_,
DESCRIPTION OF OPERA TIONSILOCA TIONSNEHICLES/SPECIAL ITI: IVI::::; dw
RE: Roa ay Imp~oveme~ - Key Colony Beaeh
Cat.L6eway and Oc.ean Vtvi.ve Ecu,,t - Cay On Key Colony Beaeh, MOnJWe Cou.nty, FloJU.da
CO
LTR
TYPE OF INSUR)\t'icr
GENERAL LIABILITY
A
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERA TIOI\lS
CONTRACTUAL
INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
B
ERTIFICATE HOLDER
I: :1'" ! :. I l
::U,II II I I :!'
':i'D' I I II!:
~'. 'E BE~:N l~iiS,UE:ID"tO THE INSURED NAME[) ABOVI:: FCIF~ TI~E 1)()L1CY PERIOD INDICATED.
I ~::Otn-RA<::l' OFI OTHER DOCUMENT WITtl RESF"E:Clr' TO ''''HiICH 'THIS CERTIF~ICA TE MAY
:' i :etES DES,CRII~E[~ HEREIN IS SUllaJECT TO ALL l'HiE:'fERIMS, EXCLUSIONS, AND CONDI-
:ll'l:
POLICY EFFECTIVE
DATE (M~VDDIYY)
P'OLlCY ~:~PIRA1~;;~ r"'.'-- L1ABI~Si:~~ LIMITS IN 1 HOUSANDS
DATE (MMIDDff\0 r EACH AGGREGA TE
.__.__._ i..9CCURRENCE
:~~~;S~i~ I $ $
II. I
19263328
06/01/84 06/01/85
6~~~~~TY $
$
81 & PO
COMBINED
$ 500
,
$ 500,
19263328
I
I
I
~
! I
106/01/84 106/01/85
i I
i
BODIL Y
INJURY $
(PER PERSON)
BOOIL Y
INJURY $
i (PER ACCIDENT)
i PROPERTY
lDAMAGE $
PERSONAl. INJURY
$ 500,
t---
181 & PO
'COMBINED $ 500,
(EACH ACCIDEND
(DISEASE-POLICY L1MID
(DISEASE-EACH EMPLOYEE)
AVVITIONAL INSUREV:
COUNTY OF MONROE
Key Wu,t, FloJU.da 33040
..... ---"'-"'-".-.-.---.--.---1
I
I
-{
t
: ~.\~':~\'Y II'C'~ !
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II !!!"IIIIIIIIIIIIIII.II~IIIIIIIIIiIIIIIII.111111111111111111111111.111___ ~
I e B:I=I:~I IS:S:ln::[j If 0 Tt-l E~ I ~ ISLH~U::: 1:1 NI IdIIE'[) lil!IE31~C! V:: F(lll::: TI-U:: POLJCY PERIOD INOIICA TED, "
II" GOtn'R"Lcr 'Dn c:'rI'tEI:t 11)()(:IUIIlIIII::ln H'ITU li::liESPIII:c::'r 'ill<> Y/HICt.1 'THIS CERTIFICATE MAY t
n '. H:,es DESC:!FiiliI811~:[: ., EFIE:IIN IS !SI!Jli:I,..IIIE [: T TD ALl '11-'1:: '!I'I::RMS, EXCLUSIONS, AND CONOI. f
" ,
II "II I II' II' [I I 1111'11' n
'I
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t
I
I
,SCN I
f) .. O. 130 x 1 'f 0 1 9 0
C~Clutt Gab fl~"S, F/,Ot(A~da .3.3 11 ~
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T'
T1?ANSAMER1CA TNSuRAl0CJ' CO^1~A.NY
11\ SU F 1[[
'T'i-{ E 13'I~E(()EF~ COiVn)~d\lY CF F LOR
(tl. B. TI<.UCKI,\Ie;, I IVC" (~: AS rhAL T l\lA TtR.I.~ LS
& PAVI N'(J COf~ PAl\JY, I iVe .
980 1 N. (U 1 06.t:h S;t",~.e.e,t
iViianl.{" F.foJLLda. ~~ :~) 7 '78'
) fV
1"
SA.FETV. 1\,1LJTU~L CASUI\LIY'.C~QRE_L_._
o
~~ ~i~3ii~~!II:~I~~~II.I'lnl!lllllllIilcllllll!11111111111111111111111111111111111 III II II II
TlilS I:::. 10 C>EIRTIFY 'r HAT POL jI:IIl,,~; C~I:= I ':1;1 i I; I!,II ': I.!
Nl:>rW,IIT.iIST~~'~Dn~(j ,~~I~,IY FIEOllirRIEI\JliI:::INll 11:1'1 ':: I::t: ! I 'I
BI:: IH!i;UE]) OR' M~\V FJE:11T~~IN, 1"HI: II!t\II:~)1!JI: i:llr Ie \'F: I
TIOP,IS 01;; StiCH POl.I<: U:.S"
-. -r-'-"'.-"".-.'.--'---'---..'--.'-'-'-'-' .--.. ......".,--
.. - ,."..-..-,.....----......."-,....,....... ._-:___"..,- --'''..,_..'','.. ,,,_. ." -."...."'....---,-.,. .._'-.~..."..,,----'''"-..._..
COi
Ll'H!
10/18/84
fnL)
),~.,
'r-"
T ..____.__,____~_ ."._>....__-..~__-._.__
I
,
LIABILITY LIMITS IN THOIJSANDS
l . ,. EACH
I .J;~CURRENCE AGGREGATE
T~lPE OF 1\J:,l..,il=iANCE
FOLlCV EF FEC"IVIE f ]I JCY D:PIRt\l' 10 'I
[ATE (MI~/D[lIY\{) bJE {IJllliIIDf)r"v~
: I
-.. --~-_......,-".,,_..,__,_.___,__,__.__c__,_._._. .__..............'..'..1 _._.
A
GIE:NI::RAIL LlABIUTY
''"--i COMPHEHENSIVE FOHM
r PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZAHD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAl. INJURY
EODILY
II "I..IURY $ $
19263328
06/01/84
P FIOPEHT'1'
[)~~MAGE $
06/0 1 / 8 5 __.....____,
$
1-.--
r
2~~)~:~ED $ 500 $ 500
, ,
I
.~
I
j06/01/84
_jL,______
" BODILY
i INJURY $
i (PER PERSON)
I,
06/ 0 1 / 85 I ~~~~
I (PER ACCIDENT) $
1
i PROPERTY
I DAMAGE $
I;-;;~ $
i COMBINED
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV, PASS.)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
~! HIRED AUTOS
NON~OWNED AUTOS
! GARAGE LIABILITY
EXCESS LIABILITY
X UMBRELLA FORM
OTHER THAN UMBRELLA FORM
UM 21346
,
i I
! ,
.~'
106/01/84~ 06/01/85
!i ,I
t., I~_
I II
, I
I I
il..-'-~---
II
,-1~,_
STATUTORY
'19263328
$ 500 ,
500,
BI & PO $ $
COMBINED 7 0 , 0 00 , 1 0 , 000 ,
!
B
WORKERS' COMPENSATION
AND
EMPLOYERS I LIABILITY
OTHER
--_1_----1-.--__1..'11_1_
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIIAL ITEMS RE: Roadway ImpJwvemeYL-t6 _ Key Colony Beach
Caulleway and Ocean V4i.ve EM.t - CUy 06 Key Colony Beach, MOYlJWe Couvz.ty, H..oJr..{da
TIFICA TE HOLDER .
3!
ADDITIONAL INSURED:
POST, BUCKLEY, SCHUH & JERNIGAN, INC.
1 No~h K~ome Avenue
Home6~ead, Flo4i.da 33030-6094
:<' " ", 'l
~;i& ~:~~ ~ ~, ~ ~ ~ ~^:\~J
(EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
(OISEASE~EACH EMPLOYEE)
SHOULD J'NY 01:: lrHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATIOt~ DA1"E THEREOF, THE ISSUING COMPANY WILL ~.rAWJ8(~1i
MAIL-31l_DAlYS WRITTEN NOTICE TO 'THE CERTIFICATE HOLDER NAMED TO THE
LEFT,eutU1~X"M_"~Q.~_~
l)J(l1H1(kIN.XI~~XH.~X~X<<"~X1(~- - -- -. -----
AUTHORIZED REPRESENTATIV~
CORD 25 (2/84)
"" '" ~.,,, '"