06/20/1984
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this ~ OYl1. day of Ju"v.t ,
192J, A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "Owner"), and The Brewer COInoanv of Florida, rnc.
, party of the second part (hereinafter sometimes called
the "Contractor").
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutuall:y agree as follows:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatus, and transportation and perform all of the work shown on the
[~rawings and described in the Specification entitled:
ROADWAY IMPROVEMENTS
BIG PINE KEY ROADS
(MILE MARKER 28 TO MILE MARKER 32)
BIG PINE KEY
MONROE COUNTY, FLORIDA
as prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the
Contract Documents entitled the Owner's Engineer, and shall do everything
required by this Contract and the other Contract Documents.
1.02 T:HE 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
dE!ductions as provided in the Contract Documents, as follows:
B. Bllsed upon the price shown in the Proposal heretofore submitted to the Owner
b~r the Contractor, a copy of said Proposal being a part of these Contract
Documents, the aggregate amount of this Contract is the sum of
Onle HlIDdred Eight-five Thousand
Five Hundred Fifty-nine and 59/100--------------- Dollars ($185,559.5J
1.03 CC)MMENCEMENT AND COMPLETION OF WORK
A. The Contractor shall commence work within 10 calendar days after receipt of
Nc)tice to Proceed.
B. The Contractor shall prosecute the work with faithfulness and diligence and
shall complete the work not later than 90 ea1endar da~ after receipt of Notice
to Proceed.
00500-1
401-002.36/40
1.04 (~ONTRACTOR'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
C:ontractor, who understands the same and agrees to their sufficiency for the
work to be done. It is expressly agreed that under no circumstances, conditions
or situations shall this Contract be more strongly construed against the Owner
than against the Contractor and his Surety.
B. A~ny 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
a:nd/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
r<<~quire the Contractor and/or his surety to repair, replace, restore and/or make
te> 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
ct:>mply 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
nc)rmal maintenance work under the guarantee provisions. Failure on the part
of the Contractor and/or his Surety, immediately after Notice to either, to
rE!pair or replace any such defective materials and workmanship shall entitle
tile Owner, if it sees fit, to replace or repair the same and recover the
rE~asonable cost of such replacement and/or repair from the Contractor and/or
hls surety, who shall in any event be jointly and severally liable to the Owner
fc>>r 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
Clontractor 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 HlDldred 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
Cc)ntractor to complete the work within the specified time; it being further
00500-2
401-002.36/40
agreed that said sum is not a penalty, but is the stipulated amount of damages
sustained by the Owner in the event of such default by the Contractor.
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 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 AI)DITIONAL 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
COlntractor shall, at his expense, and within three days after the receipt of
NOltice 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
pel~formance of the work shall be furnished in manner and form satisfactory to
thE! Owner.
1.08 CC.NTRACT 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
3-6
Ti tIe
Cover Sheet
Details
Plan and Profile Sheets
00500-3
401-002.36/40
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written in three (3) counterparts, each of which shall, without
proof or accounting for the other counterparts, be deemed an original Contract. *
MONROE COUNTY,
FIDR /
Party First Part
"
By: \J2..f'1...-o'
MayorjChainnan of the Board of C01.IDty
LommlSSloners of Monroe County, Florida
~tteoANNY L. ~OLHAGE, ~~lerk
~;vL ~~, If) / (Seal)
,I /
Clerk
APl'ROVED AS TO FOR/~,/j
GAL SUFFICIElvCI'
Signed, Sealed and Witnessed in the
presence of: * *
The Brewer Comapnv of Florida, Inc.
Party of the Secon Part
By:
Walter R. Brewer
.
~ssistant Vice-Pre~ident
Title
At~
G.R.Gaines
Assistant Secretary
..... :.....
(Seal)
(*) In the event that the Contractor is a Corporation, there shall be attached to
ea(~h counterpart a certified copy of a resolution of the Board of Directors of
the Corporation, authorizing th~ officer who signs the Contract to do so in its
behalf.
(* *) Two witnesses are required when Contractor is sole ownership or partnership.
00500-4
401-002.36/40
CERTIFICA TE
(Sample)
STATE OF FLORIDA )
COUNTY' OF Dade )
ss
I HEREBY CERTIFY that a meeting of the Board of Directors of -The ___
Brewer Compa.ny of Florida, Inc., a corporation under the laws of the State of
,., ~
FloridL, held on M~fy, 24t , 1\9~ the following resolution was duly passed and
adopted:
~RESQLV~D,. that W~l,tet R.~:" Bre~er , as
Asst. Vio'e~ President of the corporation, be and he is
hereby authorized . to execute the Contract dated
J u. IV t 2<,) , 19~ between Monroe County, Florida, and
this corporation, and that his execution thereof, attested by the
Secretary of the corporation and with corporate seal affixed,
shall be the official act and deed of this corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have reunto set my hand and affixed the official seal of
the corporation this ~ day of , l~
END OF SECTION
00500-5
401-002.36/40
SECTION 00610
PERFORMANCE BOND
STATE OF FLORIDA )
COUNTY OF )
KNOW ALL MEN BY THESE PRESENTS that [HE RRFWER COMPANY OF FI ORInA, I~r.,
as Principal, hereinafter called Contractor,
and LUMBERMENS MUTUAL CASUALTY CQ. as Surety, hereinafter
called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereinaf er called Owner, in e amount O~~~D~" live- 7&td"fNj)
~ ~ I i Dollars ($/.ts;.~-~7~y) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successc.rs and assigns, jointly and severally, firmly by these presents.
ss
WHEREAS, Contractor has by written agreement dated J (,L"v tc;. ,:2.-()
entered into a Contract with Owner for:
1~1
, -~
ROADWAY IMPROVEMENTS
. BIG PINE KEY ROADS
(MILE MARKER 28 TO MILE MARKER 32)
BIG PINE KEY
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 froml 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
401-002.36/40
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
(l) 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
t() 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
C.ontract or to the work or to the Specifications.
D. The surety represents and warrants to the Owner that ~!.. have a Best's Key
R,ating Guide Gel)~r~ POlicyholder's Rating of" 1--" and Financial
Category of "Class ~".
00610-2
401-002.36/40
LUMBERMENS ,MUTUAL CASUAL IT COMPANY
~-iome Office: Long Grove, IL 60049
POWER OF ATTORNEY
K now All Men By These Presents:
That the Lumbernlens Mutual Casualty Company, a corporation organized and existing under the laws of the
State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * **.**.*** ** *.*'" ** *<<
R. Leslie Cize){, Jr.; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan; John K. Pepper;
James H. Wa ters; Evant12ia Dimi tropoulos; Camille Hanlon; Kaaren Ful ton; all of****** ******** *
Coral Gables, Plorida (EACH)******************************************************************
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin-
ning with the date of issuance of this power and ending December 31, 1984, unless sooner revoked for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings.*******************~
.1 1
~ ~ GROUP
I I
EXCEPTION: NO ,t\UTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment rnay be revoked at any time by the Lumbermens Mutual Casualty Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the samp had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
Tr-lIS APPOINTi\t1ENT 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 of said Lum-
bernlens Mutual C:asualty Cornpany 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 being
i n f u 'I force and e ff e c t:
"VOTED, That 'he President or any Vice Presidt'nt or Secretary or any Assi~tanl Secretary shall have power anu authority
tu appoint agents and attorneys in fact, dnd to authorize then) to execute on behalf of the COrl)pany, and attach thp seal
of the company thereto, bonds and undertakings, recognizances, contracts of indenlnity and other \vritings obligatory in th('
nature thereof, and any such officer of the cornpany nlay appoint agents tor acceptance 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 the company at a meeting duly called and held on the 20th day
of May, 1975:
"\/C)TEL), That the signature of the President, dny Vice President, Secretar\' or Assistant Secretary, dnd the Sedl of tht~ COIll-
p d ny, and the c e r t i f i cat ion by d n y S e c r eta r y 0 r Ass i s tan t S e c r e t (l r 'y , rn d y he a t fix e d by fa c s i rn i I eon d n y p 0 \ V e r () t d t t () r rll' Y
P X (? cut f'd pur sua n t to res 0 I u t ion ad () p t e d by the Boa r dot [) i r' e c tors () n :\ 1 a v 1 B ,1 9 6 5, and any S LJ (' h po \V e r s () ex (' c tJt ed,
") (' die d d 11 d c e r t i fie d \v i t h res pee t f 0 any h 0 n d 0 r s i rll i I J run d e r t d kill g t () \- \ III (' hit i s tl ft d C h (' d , s h d II c () 11 t i r HH -, to h (' val i d a 11 d
hinding upon the Cornpany."
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrurnent to be signed and
its corporate seallo be affixed by its authorized officers, this_____4t:.lL___day of.-u--______.RQJlembeLu_ _, -19_~.
Attested and Certified:
/ .100
_kfl___'t~J
LUMBERMENS MUTUAL CASUALTY COMPANY
olIff ~~
"
Bv
R.H. Johnson, St>cretary C. H. Ka~hohrn, Vice Ptt'~idcfll
STATE OF IllINOIS}s
COUNTY OF COO~~ s
I, Genevieve B. Huff, a Notary Public, do hereby certify that G. r-L Kasbohnl and R. ~t Johnson pprsonally known to
met 0 bet he sa rn e per son s \-\1 h os e n a me s are res p ec t i vel y a s Vie e Pre s i u e n tall d See r e t d ry 0 f the L u m b e r rll ens t'v1 u-
tual Casualty Cornpany, a Corporation of the State of Illinois, subscribed to the foregoing instrunH:~nt, appeared
before nle this day in person and severally acknowledged tha t they bei ng t hereun to du Iy au thorized signed,
seaJed with the corporate seal and delivered the said instrunlent as the free and voluntary act of said corpora-
t ion and as thei r 0\\1 n free and vol un t a ry act for t he uses and purposes there i n se t fort h.
My co rTHll i s s ion ex p I[ res: N\ a y 5, 1 986
(~:~~~
d/ ~;V ?I^I!l!'
f \ H {I) ,! 1\ H.l It\~
Cpnevi('v(' R. I luff, NoLlry f1l/hll(
PR I NlED IN l J .~.I\.
I'()\\l'r 01 '\tloJllt'Y ft'rm
CERIIFICA liON
I, Sven L. Johanson, Secretary of the Lumbermens i\1utual Casualty (:ompany, do hereby certify that the attached
Power of Attorney dated ._u._-.._-l;fQYJ~]]lb~~_._4_L._12fL~__. _.on behalf of Same iLS...above.. **************
-..---.--.-.------.---------------------..----------.--~---- is a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of
this certificate; and I do further certify that the said G. H. Kasbohm and R. H. Johnson who ('xecutpo thf'
Power 0 f A tt 0 r n t~ y a s V ice Pre sid f' n tan d S l' C r (' t dry r p s P f'l' t I V l' I y \v (' r P 0 nth (' ( L , t (\ () f t h l' P \ t' (' 1I t i () n () t t h t' \ , t
tached Power of Attorney the duly elected Vice President dnd Secretary of the LurnhernH~ns Mutual ('asualty
Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed nlY ndlllC and
mens Mutual Casualty Company on this_____day oL_____ JUH
affixed the corpot<ltp s('al of thp Lurnht\r-
-8~'19, ,/ - .
~
Sven L. Johanson, Spcrpfarv
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540-2000, CONTRACT BOND DEPARfMENT;
()R \VRITE, CC)NTRACT BON[) DEPARTMENT, KEMPER (~ROUP, LONG GROVE, ILLINOIS, 60049.
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this _ day of JUN ~ 19_, A.D., the name and
corporate seal of each corporate party being nereYoJaQfixed 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:
The 'Z7CY of Florida, Inc.
( Affix
Signature of Authorized Officer (Seal
-~
G. R. Gal ines
Assistant Vice-President
Title
Assist:ant Xecretary
9801 Northwest 106th Street
Business Address
Miami, Florida 33178
City State
SURETY:
WITNESS,:
Y CO.
POWER OF J~TTORNEY ATTACHED
(Affix
(Seal
.
Name of Local Insurance Agency
FRANK B. HALL & CO. of F'LORIDA
2600 DOUGLAS ROAD
CORAL GABLES, FLA. 33134
P. Q. BOX 343800
CORAL GABLES, FLA. 33134
TELEPHONE: 448-2211
00610-3
401-002.36/40
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, G .' R. Ga ine s
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that W .R. Brewer
who signed the said
bond on behalf of the Principal, was thenAsst. Vice-Presof 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
governillg body.
aines
Corpora te
Seal
STATE ()F FLORIDA )
COUNTY OF Dade )
ss
Befor'e 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
POWER OF ATTORNEY ATTACHED
to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Subsclribed and sworn to before me this _ day of
JUN 8 1984 , 19 _, A.D.
(Attach Power of Attorney)
o~
Notary Public
State of F1orida-at- arge Public State of f10rida a\ large.
Motall .. E. es Ar.ril 22. 1981
My Commission Expires: My Commission xpu i'
END OF SECTION
00610-4
401-002.36/40
SECTION 00620
PAYMENT BOND
STATE ()F FLORIDA )
COUNT~~ OF )
KNO~l ALL MEN BY THESE PRESENTS that I HE BREWER COMPANY OF FLORIDA... INC..
as Principal, hereinafter called Contractor,
and LUMBERMENS MUIUAL CASUALTY CO. as Surety, hereinafter
called S,urety, are held and firmly bound unto Monroe County, Florida, as Obligee,
'. J~"""'" . ~ ...
hereinafter called Owner, in t e amount of VV!L""V
>11. Dollars ($/~)
for the payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
ss
WHEREAS, Contractor has by written agreement dated " ) \,( ,t) t- .20
entered into a Contract with Owner for:
, l~,
ROADWAY IMPROVEMENTS
BIG PINE KEY ROADS
(MILE MARKER 28 TO MILE MARKER 32)
BIG PINE KEY
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jernigarl, Inc., which Contract is by reference made a part hereof and is hereinafter
referredl to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Prirlcipal 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
ill the prosecution of the work provided for in said Contract, and is further
defined in Section 255.05(1) of the Florida Statutes.
B. 'I'he above named Principal and Surety hereby jointly and severally agree with the
()wner 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
s'uch sum or sums as may be justly due claimant, and have execution thereon. The
()wner shall not be liable for the payment of any costs or expenses of any such
s'ui t.
00620-1
401-002.36/40
C. N~D 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 t.herefor.
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.
4,1 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
SlJm which the Owner may be compelled to pay because of any lien for labor or
1T1aterials 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
tlhe work to be performed thereunder or the Specifications applicable thereto
shall in any wise affect its obligations on this Bond, and the Surety hereby
\\raives notice of any such change, extension of time, alterations of or addition
t~:> the terms of the Contract, or to the work or to the Specifications.
F.
The Surety represents and warrants to the Owner that the~ve a Best's Key
R~ating Guide General Polic~ older' rating of " ...,......." and
Financial Category of "Class ".
00620-2
401-002.36/40
._...-.-._.,.-...____..._____.._.. ........... ........_~._ _.._, _ ....~__._._ ._ .._..... ".._ ...... _' ~__. _~. _ .........4_.._
. '"
~
aJDr~ POll paaroIVwIC.: . rAYtu:tlT 80UIl
1V!IL1C VORl - 'T^TI or rLORID^
ACREEfI.&arr ..de tltl.
JUN
o 19S4
..Y 01
1. _' between
[HE. RRFWFR ~OMPANY OF FI ORIOAr IN~
.......baft... ..u.. u. -'aJ..cJPAJ.-..... U.lNl8E.RMENS MU iUAL CASUALTY CO.
. .
(Mnluft... ..U.. the .'Uqn-. .n. ,JjtJnlMt3 GJtJ't(,~-
,#-''-'''~.....---
(buelnaftu ..11.. the -o-INEa- ~ ·
"EIWtI. Oft JUN b 1984 ..Y of , 11 _,
the parti.. ~.r.to ent.red into a ..rfo~nc. ana Payment lond, a copy
.be~.of ia ~.r.to attaabed ..4 incorpo~.t.4 ~.r.ln by r.ferenee, and
.aE1EAI. ..i4 p.rti.. have .,r... to a44 certain teraa to ..ld
.erfor..nce &Ad ..~t aoc4 ~ confo~ with Florida Statut.. 255.05,
~. ~HEAlrOAE, it i. .,r... that the .ald '.rforaanee and ..yment
aoDd la ber.y chan,.. aD .. u. provide that.
No .ult Dr action fG~ labor, ..tertai. or auppll.. Ihall b. inatltuted
".~e\lndar .,.lnlt the 'clnclpal or t.he IW'.ty unl... both of the follov11l;
DOLle.. b,ve b..n liven br anr clai.anll
. .
.a .la1e&Dt, ..c.,t . 1.borer, who 1. not In privity with
the ~~inc1p.l and who ha. not ~.c.lved payaent tor hi. labor,
.aterial. O~ auppl1.. .hall, with .S .ay. after b.~innln, to
furnl.h "labor, ..tartal. or .uppl1.. for ~h. proa.eution of
lb. vo~k, fU~Dl.h the Principal ~ith . nDtlee that h. intend.
to look to the bond for protection, and
a clal.ant who i. not in privity with the Principal and who ha.
DOt ~.c.iYed ,.pent for hi. labo'r, ..terlal. or .upplle., .hall
within '0 'ay. .fter performAnce of the labor or after complete
delivery of ..teri.l. or .uppll..1f dellver to the Principal and
to the .~r.ty vrltten notlc. of the pertoraance of the labor or
delivery of the ..terlal. or .uppl1.. and of the nonpayment.
.0 action .ball ~ in.tltut.' _,_1nat the 'rlnclpal or the 'urety
OR the bond .fter on. (1) y.ar roa the rrfo~nee of the labor
.~ co.pletlon 01 ..livery of the ..terl. or .Uppl1....
It ia the ..pr... .,r..Nent that .11 other tera., condition. and
.tlpulation. contained in the ..id Performance .n4 Payment 8o~d .h.ll
r...in lD full force and effect and without any chant. 0% .ol!lficat!onl
-wh.~.oeY.r, .xcept onlr ., to t.h. addition., .1 .boy. provld('"l.
-----'..,.- ....r-- ..- ---..... - --
Aceeptod I: /
41ti11u(alV'f:Y (OWner)
I'
-.--. -. .--------. ..-. YI'i.i:.:
FlORl DA,lNC(Pr I nclpal)
.CI\lr~t v)
LUMBERMENS MUTUAL CASUALTY COMPANY
Home Office: Long Grove, IL 60049
POWER OF ATTORNEY
K now All Men By These Presents:
That the Lumberrnens Mutual Casualty Company, a corporation organized and existing under the laws of the
State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint * ***** ** * * *.** ** *<<.
R. Leslie Cize1<:, Jr.; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan; John K. Pepper;
James H. Waters; Evanthia Dimi tropoulos; Camille Hanlon; Kaaren Ful ton; all of***************
Coral Gables, Plorida (EACH)******************************************************************
its true and lawful agent(s) and attorney(s)-in-fact, to make, execute, seal, and deliver during the period begin-
ning with the date of issuance of this power and ending December 31, 1984, unless sooner revoked for and
on its beh a If as su rety, a nd as its act a nd deed:
Any and all bonds and undertakings.********************
.' 1
~ ,. ~ GROUP
I I
EXCEPTION: NO )\UTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each
such bond within the dollar limit of authority as set forth herein.
This appointment rnay be revoked at any time by the Lumbermens Mutual Casualty Company.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Lumbermens Mutual Casualty Company as fully and amply to all intents and purposes, as if the same had been
duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois.
TrllS 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 of said Lum-
be r rn ens M u t u a I C: a sua I ty Corn pan yon May 1 8, 1 965 at Chi c ago I III i no is, a t rue and a c cur ate cop y 0 f w h i c h
is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being
i n f u" force and e ff e c t :
"VOTED, That the President or dnV Vice President or Secretary or any Assi~lanl Secretary shall have povver dno authority
to a p poi n tag en t san d a tt 0 r n ey sin fa c t , and 1 () aut h 0 r i let h e rll toe x e cut eon be h a If 0 f the co rl1 pan y , and a t t a c h t h p sed I
oft he com pan y the r e to, bon d san dun de r t a kin g s, r ec 0 g nil a n c e s, COil t r c1 C t s 0 f" i n u e rll nit y and 0 the r \v r i tin g sob I i gat 0 r y i nth ( \
nature thereof, and any such officer of the cornpany rl1ay appoint agents for acceptance 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 the company at a meeting duly called and held on the 20th day
of May, 1975:
"V()T[[J, That the signature of the President, any Vice President, SeeretcH\' ur I\ssistdnt Secretary, dnu the Sedl of the COfll-
pany, and the certification by dny Secretary or Assistant Secretary, 1I1dV be affixed by f"acSirllile on dny po\ver of attorney
(}x(~cuted pursuant to resolution adopted by the Board of Directors on \~cl\ 1 B, 1965, and any such po\ver so executed,
'..{,dled dnd certified \vith respect to any bond ur sirnilar undertaking to \\'11Ich it is dttdched, shall conti/HH' 10 he vc-llid dnd
hinding upon the C0r11pany./I
In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrufllent to be signed and
its corporate seal to be affixed by its authorized officers, this___4tlL____day of.____________~QJlembeL___ _ _, -19_~.
Attested and Certified: lUMBERMENS MUTUAL CASUAL TV COMPANY
_t~__J~L_____~ Bv Q1,~ ~~
R..H. Johnson, Sflcretdry C. H. Kasb()hrn, Vict' Pte~id('nl
STATE OF IlliNOIS}
C()UNTY OF COOI( 55
I, Genpvievp B. Huff, a Notary Public, do hereby certify that G. ~L Kasbohnl and R. ~-t Johnson personally known to
met 0 bet he sa rn e per son s w h os e n a me s are res p ec t i vel y a s Vie e Pre s i <J e n tan d See r eta ry 0 f the L u m her rll ens "-'1 u-
tual Casualty Cornpany, a Corporation of the State of Illinois, subscribed to the foregoing instrunH:~nt, appeared
before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
se a J e d wit h the c () r po rat e se a I and del i v e red the sa i din s t r u fll e n t as the f ref' and v 0 I u n t a ry act () f sa i d cor p 0 r {J-
tion and as their o'wn free and voluntary act for the uses and purposes therein set forth.
My COrTHlllSsion expires: May 5, 1986
~1~~!@
-d/~;V MJf"
li\ I~ ~h,! (\ B" I t'v~
C('rH:\vi('v(' B. f fuft, NoLIfY Pllhll(
P R I N T L () IN l J . ~ ./\ .
I'( l\\f'r (It'\ttOf nt'y' T f'rm
CERllFICA liON
I, Sven L. Johanson, Secretary of the Lumberrnens Mutual Casualty Company, do hereby certify that the attached
Power of Attorney dated___ -- -}lQJl~JnJ2(;lx__41__l~S_~___ _ ---_____u___non behalf of Sa.me as--abQ_vs__.**************
------------------------------------------------------ is a true and correct copy and that
the sa~-~-h~~--b-e-~~---~ -full force and effect since the date thereof and is in full force and effect on the date of
this certificate; and I do further certify that the said G. H. Kasbohm and R. H. Johnson who pxecutprf the
Power of Attorney as Vice Prpsidpnf and Secretary resp('ctlvl'ly \vt.'rp on th(' (Lltt' of th(\ ('\t'clItioll of th(\ ,It
t ached Power of A.ttorney the du Iy elected Vice Presiden t dnd Secret ary of f he Lu rnbernlens Mu f ual (~asua I ty
Company.
IN TESTIMONY W~iEREOF, I have hereunto subscribed nlY narrle
rnens Mutual Casualty Company on this_____day oL
arj affixed Ihl' corporalI' st'al of till' LUlllhl'r-
UN ..8--1984--' 19__ .-0
----7
~
Sven L. Johanson, Secretarv
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named
therein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
FOR INFORMATION CONCERNING THIS POWER OF ATTORNEy' CALL (312) 540-2000, CONTRACT BOND DEPARTMENT;
CJR WRITE, C()NTR/\CT BOND DEPARTMENT, KEMPER GROUP, LC)NG GROVE, ILLINOIS, 60049.
IN WrrNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this day of JUN R lQQA 19 , A.D., the name and
corporate seal of each corporate party ~ixedand these presents duly
signed b~r 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).
PRINCIPAL:
The ~ compan~ of F la . , Inc.
(Affix
Signature of Authorized Officer (Seal
~
-- G. R . Gel ine s
Assistant Vice-President
Ti tIe
Assist:ant Secretary
9801 Northwest lOnth Str~~t
Business Address
Miami, Florida 33178
City State
SURETY:
POWER OF ATTORNFY l\TTACHED
( Affix
(Seal
WITNES:,:
The provisions anCJ limitations bf ~ection 255.05'
or section 713.23, Florida Statutes, whichever is
applicable to the contract, are incorporated in this
bond by reference.
,
Name of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDA
2600 DOUGLAS ROAD
CORAL GABLES, FLA. 33134
p. Q. BOX 343800
CORAL GABLES, FLA. 33134
TELEPHONE: 448.221~
STATE 0.= FLUldu[-\ PUbLIC
WORKS RleER ATTACHED
00620-3
401-002.36/40
CERTIFICATES AS TO CORPORATE PRINCIPAL
I, G . Ft . Ga ine s
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that W. R. Brewer
who signed the said
bond on behalf of the Principal, was then Asst. Vice-Pres>f 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 , G . R . Ga ine s
Corpora te
Seal
STATE OF FLORIDA )
COUNTY OF Dade )
S8
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
to me well known, who being by me first duly sworn
upon oath, says that he is the Attorney-in-Fact, for the
JOHN K. .PEPJ~ER
.............
LUMBE.RMEN~ lV1U & UAL CASUALTV CQ..
and that he has been authorized by
j'JOWEJ~ OF ATInRNry ATT~CHEQ
to
execute the foregoing bond on behalf of the Contractor named therein in favor of
Monroe (~ounty, Florida.
Subscribed and sworn to before me this _ day of .fUN 8 1984
, 19 _, A.D.
Notary Public
State of Florida-at-La e
Rotary Public Sta!e cf F~orid~. at b~r~'t
My Commission Expires: III Commission Ex1Iires April n. L~l
(Attach l?ower of Attorney)
END OF SECTION
00620-4
401-002.36/40