08/04/1987
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into this 4th day of August, 1987, A.D., by
and b4etween Monroe County, Florida, party of the first part (hereinafter sometimes
called the "Owner"), and The Brewer Company of Florida, Inc., party of the second
part 01ereinafter sometimes called the "Contractor").
WIT'NESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
1.01 SCOPE OF THE WORK
A. The Contractor shall furnish all labor, materials, equipment, machinery, tools,
apparatlL.C:;, and transportation and perform all of the work shown on the
Drawings and described in the Specification entitled:
ROADWAY IMPROVEMENTS
BIG COPPITT ROADS I
10TH AVE., AVENUE C, 4TH ST.,
1ST ST., SUGARLOAF BLVD.
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 THE CONTRACT SUM
A. The Owner shall pay to the Contractor for the faithful performance of the
Contract, in lawful money of the United States, and subject to addition and
deductions as provided in the Contract Documents, as follows:
B. Based upon the price shown in the Proposal heretofore submitted to the Owner
by the Contractor, a copy of said Proposal being a part of these Contract
Documents, the aggregate amount of this Contract is the sum of:
Three Hundred Sixty Four Thousand Forty-Five Dollars and Eighty Two Cents
($364,045.82).
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 90 calendar days after receipt of Notice
to Proceed.
00500-1
04-004.72
1.04 CONTRACTOR'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 expressly agreed that under no circumstances, conditions
or situations shall this Contract be more strongly construed against the Owner
than against the Contractor and his Surety.
B. Any ambiguity or uncertainty in the Drawings or Specifications shall be
interpreted and construed by the Owner's Engineer and his decision shall be
final and binding upon all parties.
C. It is distinctly understood and agreed that the passing, approval and/or
acceptance of any part of the work or material by the Owner, his Engineer, or
by any.agent or representative as in compliance with the terms of this Contract
and/or of the Drawings, and Specifications covering said work, shall not operate
as a waiver by the Owner of strict compliance with the terms of this Contract,
and/or the Drawings and Specifications covering said work; and the Owner may
require the Contractor and/or his surety to repair, replace, restore and/or make
to comply strictly and in all things with this Contract and the Drawings and
Specifications any and all of said work and/or materials which within a period
of one year from and after the date of the passing, approval, and/or acceptance
of any such work or material, are found to be defective or to fail in any way to
comply with this Contract or with the Drawings and Specifications. This
provision shall not apply to materials or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement
before their condition is discovered. The Contractor shall not be required to do
normal maintenance work under the guarantee provisions. Failure on the part
of the Contractor and/or his Surety, immediately after Notice to either, to
repair or replace any such defective materials and workmanship shall entitle
the Owner, if it sees fit, to replace or repair the same and recover the
reasonable cost of such replacement and/or repair from the Contractor and/or
his surety, who shall in any event be jointly and severally liable to the Owner
for all damage, loss and expense caused to the Owner by reason of the
Contractor's breach of this Contract and/or his failure to comply strictly and in
all things with this Contract and with the Drawings and Specifications.
1.05 LIQUIDATED 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
agreed that said sum is not a penalty, but is the stipulated amount of damages
sustained by the Owner in the event of such default by the Contractor.
00500-2
04-004.72
/
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 P4~RTIAL AND FINAL PAYMENTS
A. In accordance with the provisions fully set forth in the General Conditions, and
subject to additions and deductions as provided, the Owner shall pay the
Contractor as follows:
1. Within 30 days after receipt of the Contractor's request for partial
payment by the Owner, the Owner shall make partial payments to the
Contractor, on the basis of the estimate of work as approved by the
Owner's Engineer, for work performed during the preceding calendar
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 ADDITIONAL BOND
A. It is further mutually agreed between the parties hereto that if, at any time
after the execution of this Agreement and the Performance and Payment Bonds
hereto attached for its faithful performance, the Owner shall deem the surety
or sureties upon such bonds to be unsatisfactory, or if, for any reason, such
bond(s) ceases to be adequate to cover the performance of the Work, the
Contractor shall, at his expense, and within three days after the receipt of
Notice from the Owner to do so, furnish an additional bond or 'bonds, in such
form and amount, and with such sureties as shall be satisfactory to the Owner.
In such event, no further payment to the Contractor shall be deemed due under
this Agreement until such new or additional security for the faithful
performance of the work shall be furnished in manner and form satisfactory to
the Owner.
1.08 CONTRACT DOCUMENTS
A. The Contract Documents, as stated in the Instructions to Bidders and attached
hereto, are as fully a part of this Contract as if herein repeated. An
enumeration of the Drawings accompanying these Contract Documents follows:
Sheet No. Title
1 Cover Sheet
2 Typical Section and Details
3-7 Plan and Profile
00500-3
04-004.72
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and ciate first above written in three (3) counterparts, each of which shall, without
proof' or accounting for the other counterparts, be deemed an original Contract.*
The Brewer Co. of Floriud, l,lC..
By:
Yice - President
Attest:
. I). ,!..i~ 1 I't-.. .' / .. . <'
/ .. , {.,,' .,,,..
/
. v
~~TA/et/'
I
( Seal )
Signe!d, Sealed and Witnessed in the
prese:nce of: * *
MONROE COUNTY. FLORIDA
Party of th~1tdFaLttx First Part
W~~/A
d
of County Commissioners of .j
Mnnrnp rnlln'ty, Plnr;n::J
Title
I
i
l?~"
API', O'/I:D AS TO FORM
EGAl.. SUFFICIE~'CY.
.
Attest.DANNY L. KOLHAGE,Cler~
~~ ~ fL11[).,(~seal)
rlprk '
(*) In the event that the Contractor is a Corporation, there shall be attached to
each counterpart a certified copy of a resolution of the Board of Directors of
the Corporation, authorizing the officer who signs the Contract to do so in its
behalf .
(* *) Two witnesses are required when Contractor is sole ownership or partnership.
00500-4
04-004.72
CERTIFICATE
(Sample)
STATE OF FLORIDA )
ss
COUNTY OF DltD-6 )
I flEREBY CERTIFY that a meeting of the Board of Directors of
T"he Brewer Co. of Florida. Inc. , a corporation under the laws of the State of
/2!Je;Ju:L., held on !JttfOLt5T 3/ , 19.iJ the following resolution was duly passed and
./
adopt1ed:
Walter R. Brewer
"RESOL VED, that , as
ViCE: President of the corporation, be and he is
hereby authorized to execute the Contract dated
/}I/(;lIff L/ , 19fJ between Monroe County, Florida, and
this corporation, and that his execution thereof, attested by the
Secretary of the corporation and with corporate seal affixed,
shall be the official act and deed of this corporation."
I further certify that said resolution is now in full force and effect.
IN 'WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this <3/ day of /lit 0U f)/ , 19 fJ
7)/?:!. ' Y '(;, 1- ( .'. i
Secretary .1
END OF SECTION
00500-5
04-004.72
SECTION 00610 _
PERFORMANCE BOND
STATE OF FLORIDA )
COUNTY OF /)I}DE) ss
KN10W ALL MEN BY THESE PRESENTS that
THE BREWER COMPAfiY OF FLORIDA I~ as Principal, hereinafter called Contractor,
and ~ TV AND DEPOSIT COMPANY as Surety hereinafter
Of MARYLAND' ,
calledl Surety, are held and firmly bound unto Monroe County, Florida, as Obligee,
hereirlafter called Owner, in the amount of
Dollars ($~b?ft)~cfb. for the payment
where:of 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 August 4, 1987, entered into a
Contr,act with Owner for:
ROADWAY IMPROVEMENTS
BIG COPPITT ROADS I
10TH AVE., AVENUE C, 4TH ST.,
1ST ST., SUGARLOAF BLVD.
MONROE COUNTY, FLORIDA
in ac(~ordance with Drawings and Specifications prepared by Post, Buckley, Schuh de
Jernig'an, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOlfV, 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 O~~ner 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
04-004. 72
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 Gen~ POlicyhOlder's Rating of" A-1"-" and Financial
Category of "Class ..1\--".
00610-2
04-004.72
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OffiCE, BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which
reads as follolis:
"The Chairman of the Board, or the President, or any Executive Vice.President, or any of the Senior Vice.Presidents or Vice. Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary
or anyone of the Assistant Secretaries, to appoint Resident Vice.Presidents, Assistant Vice.Presidents and Attorneys.in.Fact as the business of the
Company may re1quire, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances,
stipulations, policies, contracts, agreements. deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of
mortgages, . . . and to affix the seal of the Company. thereto."
does hereby nominate constitute and appoint Kenneth D. Gathings, John K. Pepper, Donald A.
Kaplan, Marvin R. Haven, James H. Waters, Kaaren Reagan, Evanthia Quesada and
Barbara Tysinger, all of Coral Gables, Florida, EACH......................
its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as
its act and deed:
Any and all Surety Bonds and any and all consents required by the Florida,
Department of Transportation, incident to the release of retained percentages
and/or final estimates on engineering and/or construction contracts...........
~tion of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the
regularly electe:d officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assis1ant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By. Laws of said Company, and is
now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .......?th....................day
of ...............~~gy.~~........................... , A.D. 19...~_?..
t:;:~ FIDELITY AND DEPOSIT COMPANY OF MARYLAND
J~ ... ~l A~ITEST: !!J
.- SEAL ~~~
-.." ";
~~~;:;r!! ........C..~....R~..~..b~.v.......... By ................................4...... ...~~~....
A ssistant Secretary Vice-PreJicknt
STATE or MARYLAND )
CITY or BALTIMORE f SS:
On this 7 t h day of Augus t , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in
and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant Secretary of the FIDEUTY AND
DEPOSIT COMPANY or MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument,
and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are
the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the
said Corporate Seal ~lnd their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the
said Corporation.
IN TESTIMONY ~VHEREor, I have hereunto set my hand and affixed by Official Seal, at the City of Baltimore, the day and year first above written.
.......................e7f-L~~!.
Notary Public ommissio xp' ..JyJ.}!...~..l...l.~.~Q...
CERTIFICA TE
I. the undersigned. Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY or MARYLAND, do hereby certify that 1he original Power of
Attorney of which the foregoing is a full, true and correct copy. is in full force and effect on the date of this certificate; and I do further certify that the
Vice.President who 4executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to
appoint any Attorney.in.Fact as provided in Article VI. Section 2 of the By-Laws of the FIDEliTY AND DEPOSIT COMPANY Of" MARYI.A~[).
This ~ertificatt. may be signed by fac,simile under and by authority of the following resolution of the Board of Directors of the fH)t:I.lTY~~[)
DEPOSIT COMP.~NY OF M.~RYI.AND at a meeting duly called and held on the 16th day of July. 1969.
RESOLVED: "'}:hllt the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company. whether madf' herf'toforf' or
hereafter. wherever ,appearing upon a certified copy of any fower of attorney issued by the Company. shall be valid and bindin~ upon the Company
with the same force and effect as thou~h manually affixed. ·
I~ Tt~~TI\10'Y \l~'ln~REot'. I have hereunto subscribed my name and affixed the corporate seal of the said Company. this ...................... day
of ............................ . .. 3.1. .1981. .. . .. . . '.
-030-'20'7'.3 ......~.../:..4.~..............
1.1 -12]. (II "'l.H.sla", .'it-a,.'afl
f~()R YOUR PROTECTION l-,OOK FOR ~rHE F&D WATERlVli\RK
IN 'NITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this day of ~ 19 ,A.D., the name and
corpol~ate seal of each corporate party ixed and these presents duly
signedl by its undersigned representative, pursuant to authority of its governing body.
WITNJ8SS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRIN elP AL:
-HE
, BRE~ANV n:;J.aRr9A,. me.
_ {f(,{V (Affix
Signature of Authorized Officer (Seal
Walter R. Brewer
WITN JESSES:
/fI?/?.>r,?,/ if i:, , "
1'.1
'./
Yice - President
Title
99D / /IJ. uJ. / tJ0 .:;r~cr
Business Address
/n)a4n7;' ~~/G/.tJ/J 33/ lJ?
I
City State
SURETY:
( Affix
(Seal
WITNJ8SS:
d:1~d. ~~0J
B ~
alty State
N am e of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDA
2600 DOUGLAS ROAD
CORAL GABLES, F~.~. 33134
P. O. BOX 143800
CORAL GABLES, FLA. 33114
TELEPHONE: 448-2211
00610-3
04-004. 72
CERTIFICATES AS TO CORPORATE PRINCIP.~L
I,
/TJ. IJ. /JJ ltAI2--
, certify that I am the Secretary of the Corporation
Walter R. Brewer
named as Principal in the within bond; that
bond on behalf of the Principal, was then Vice - Presidertt
who signed the said
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.
/J 2/2- /)i-t..--L -~ t';-, /
Secretary ,-1'/
Corporate
Seal
STAT'E OF FLORIDA )
COUNTY OF f:>/J 1c) 58
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeslred
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
FI.DElITY AND DEPOSIT COMt'ANY
OF MARYLAN 0
and that he has been authorized by
POWER OF AITORNFY ATTAr~~n
to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Sutlscribed and sworn to before me this_day of AUG 311987
, 19 _, A.D.
(Attaich Power of Attorney)
00610-4
04-004.72
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA )
, ss
COUNTY OF ))i+Ve:)
and
KNOtW ALL MEN BY THESE PRESENTS that [HE BREWER COMPANY O~tLOjJDI\. iNC.
as Principal, hereinafter called Contractor,
FJUtLIfY AND DEPOSIT COMPANY as Surety hereinafter
OF MARYLAND '
called Surety, are held and' firmly bound unto Monroe County, Florida, as Obligee,
hereinllfter called Owner, in the amount of
Dollars ($3"9" L>~ ;..2.)
)
for thE~ payment whereof Contractor and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHE:REAS, Contractor has by written agreement dated August 4, 1987, entered into a
Contra.ct with Owner for:
ROADWAY IMPROVEMENTS
BIG COPPITT ROADS I
10TH AVE., AVENUE C, 4TH ST.,
1ST ST., SUGARLOAF BLVD.
MONROE COUNTY, FLORIDA
in accl::>rdance with Drawings and Specifications prepared by Post, Buckley, Schuh &
Jerniglln, Inc., which Contract is by reference made a part hereof and is hereinafter
referrE~d to as the Contract.
NO~l, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelow defined,
then this obligation shall be void; otherwise, this Bond shall remain in full force and
effect, subject to the following terms and conditions:
A. A claimant is defined as any person supplying the Principal with labor, material
and supplies, used directly or indirectly by the said Principal or any subcontractor
in the prosecution of the work provided for in said Contract, and is further
defined in Section 255.05(1) of the Florida Statutes.
B. The above named Principal and Surety hereby jointly and severally agree with the
Owner that every claimant as herein defined, who has not been paid in full before
the expiration of a period of ninety (90) days after performance of the labor or
after complete delivery of materials and supplies by such claimant, may sue on
this Bond for the use of such claimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such
suit.
00620-1
04-004.72
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 stipula~es 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.
F.
The Surety represents and warrants to the Owner that th~ have a Best's Key
Rating Guide General POliCYh~erIS rating of " r " and
Financial Category of "Cla.c;..c; ".
00620-2
04-004.72
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY or MARYLAND, a corporation of the
State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which
reads as follows:
"The Chairman of the Board. or the President. or any Executiv~ Vice.President. or any of the Senior Vice.Presidents or Vice. Presidents
specially authorized so to do by the Board of Directors or by the Executive Committee. shall have power. by and with the concurrence of the Secretary
or anyone of the Assistant Secretaries. to appoint Resident Vice. Presidents. Assistant Vice.Presidents and Attorneys.in.Fact as the business of the
Company may require. or to authorize any person or persons to execute on behalf of the Company any bonds. undertaldnss. recosnizances.
stipu lations. policies. contracts. 88reements. deeds. and relealeland usipment. of judpment., decrees, mortpptand in.trument. in the nature of
morts~es, . . . and to affill the seal of the Company .thereto."
does hereby nominate constitute and appoint Kenneth D. Gathings, John K. Pepper, Donald A.
Kaplan, Marvin R. Haven, James H. Waters, Kaaren Reagan, Evanthia Quesada and
Barbara Tysinger, all of Coral Gables, Florida, EACH....................
its true and lawfulasent and Attorney.in.Fact, to make, execute, seal and deliver , for, and on its behalf as surety, and as
its act and deed:
Any and all Surety Bonds and any and all consents required by the Florida,
Department of Transportation, incident to the release of retained percentages
and/or final estimates on"engineering and/or construction contracts...........
. nd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the
I.egularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Allistant Secretary doet hereby certify that the aforesoins is a true copy of Article VI. Section 2. of the By.Laws of .aid Company. and i.
flOW in force.
IN WITNESS WHEREOF, the said Vice. President and Assistant Secretary have hereunto subscribed their names and
.,ffixed the Corporate Seal of the said FIDELITY AND DEPOSIT CoMPANY or MARYLAND, this .......Zth....................d.y
(tf ...............~~g~.~~........................... , A.D. 19...~.7...
~.~~ A~: ........Q..~....~~~::.~.:.~ITB:~:~:.~.~..::..::gJ~....
Yice.Pruitkral
A uisttml 5<<r<<417
STATE or MARYLAND )
CITY or BALTIMORE f 55:
On this 7 th day of Augus t . A.D. 1987 ,before the subscriber, a Notary Public of the State of Maryland. in
and for the City of B.ltimore. duly commissioned and qualified. came the above. named Vice. President and Assi.tant Secretary of the FIDEUn AND
DEPOSIT COMPANY or MARYLAND. to me penonally known to be the individuals and officers delCribed in and who executed the precedins instrument.
.nd they e.ch acknowledsed the execution of the same. and beinS by me duly sworn, leverally and each for himself deposeth Ind uith. that they are
the ~aid officers of the Company aforesaid. and that the seal affixed to the precedins instrument is the Corporate Seal of .aid Complny. and that the
sllid Corpor.te Seal and their sisnlture. IS .uch officer. were duly affilled and sub.cribed to the uid instrument by the authority and direction of the
Illid Corpor.tion.
IN TESTIMONY WHEREOF. I have hereunto .et my hand and affixed by Official Seal. at the City of Baltimore. the day and year rant above written.
.......................~~-L~~-.!.
Notary Public to~~~~~; ..J.yly...J....J~.?9...
CERTIFICATE
I. the undenisned. As.istant Secretary of the FIDEUTY AND DEPOSIT COMPANY or MAinLAND, do hereby certify that the orisinll Powep of
A!torney ~f which the fore80ins is I ~ull. true .nd corn~ct copy. is in (ull (orc~ ~nd e(f~ct on th~date ofthi.s certificate.: and I do further rertify Iha. the
Vice. President who necuted the uld Power of Attorney w.. one o( the additional Vlce.Presldent. .peelally authOrized by the Bo.rd of Diretton.o
al>>point .ny Attorney.in.r.ct u provided in Article VI, Sedion 2 o( the By.Law. of the rlDEun AND DtPOSIT COMPANY OF MARYI.A~n.
Df:Pf~~;~;~;~~~.:)~' 1~;J.~~A~f.n~d.b~!:~t~;~:I;:~il:dn.~~yh:iJ~C;;~~e o[~~e J::I:~~~f;ei;;;.ion of the Bo.rd of Directors of thf' rlOt:I..TY ~~D
Rt:sm.n:u: .'"At.t the (.nimilr or merh.nically rrproduced lIiln.ture of .ny Alli.t.nt Secret.ry of the C..omp.ny. whethrr m.df' hrrrto(urr or
~4r:h~f~:r ~::(~;:; :~~r::;;~ ~~~h(~:;ht:~:u:lr: a(~i~~~.f;Dwer of .ttorney i..ued by the Compan y. .hall be valid .nd bindin~ upon the Company
h T.~"'TI\tIl"'Y "'"Ut.Uf. I havr. hrrrunlu lIub.,.ribr.d my n.me .nd .ffixed the corpor.te se.1 o( the uid Company. .hill...................... day
of ...............................3.1..198'l......... .
. ~~. -'- A y-h,~
UI2.1. .11' -030- 207 3 ......~......~...............4~~;~;;~~ .~,.~~~~;~.......
F()R ~{()lJR PRO~rEC~rIC)N LC)OK FOR ~rlIE F&D WATER1\1ARK
,,:1:
I:
:~4--
..
IN WITNESS WHEREOF, the above boUJ1.~~d parties execut~~ this instrument under
their several seals, this ~ day of 1tU(},li:)r- 1911, A.D., the name and
corporate seal of each corporate party being hereto affixed and these presents duly
signe<i 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).
PRIN elP AL:
(Affix
Signature of Authorized Officer (Seal
yYalter R. Brewer
WITN ESSES:
~'l/l ;I ,~ ./ ,_ ( ,.
/"/
I)
yice - President
Title
ffV! /V,a). la ..3r~
Bu..c:;iness Address
/J7JH/)/)j' r-L'LJhLJ/J 33/7
City ~ State
WITNESS:
SURETY:
FIDELITY AND OEPOS,IT COMPANY
Of MARYLAND
( Affix
(Seal
tY~~/l. ~/e)
BiZZ:~ )/Ij
<tity State
Name of Local Insurance Agency
FRANK B. HALL & CO. of FLORIDA
2600 DOUG;'~AS R()AD
CORA i.. G ABL t~S, F ~_./\. .J3134
P. O. BOX 143800
CORAL GABLES, FLA. 33114
TELEPHONE: 448-2211
00620-3
04-004. 72
CERTIFICATES AS TO CORPORATE PRINCIPAL
I,
;no If. IhLUJJ2-
, certify that I am the Secretary of the Corporation
Walter R. Brewer .
named as Principal in the within bond; that
who signed the said
lYice - President of said Corporation; that I
bond c)n behalf of the Principal, was then
know his signature, and his signature hereto is genuine; and that said bond was duly
signed, sealed, and attested for and in behalf of said Corporation by authority of its
governing body.
~} 2/l.- i V(~ ~. ~ ,~,., .
,1
Secretary t/
Corpora te
Seal
STAT]~ OF.FLORIDA )
COUNTY OF ))4'bt:)
5S
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 ()ath, says that he is the Attorney-in-Fact, for the
FIDELITY AND DEPOSIT COMPANY
OF MARYLAN D.
and that he has been authorized by
POWER OF AITORNI=Y ATTACHED
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
AUG 311987
, 19 _, A.D.
(Attac~h Power of Attorney)
~/2.~~/0
Notary Public
State of Florida-at-Large
Notary Public State of Florida at large.
My Commission Expires: My Commission Expires Aug. 19, 1988
END OF SECTION
00620-4
04-004.72
Artl1ur J. (;allagher & Co.
8355 N.~. 53rd St~ #21~,
Miami, Ela~ 33166
THIS CERT:F1CA TE !S iSSUED AS A MATTER i)f INFORMA TION ONLY AND CONFERS
NO PIGt-7..-S UPON r;.-:E C2RTIFICATE HOLDER THI~) CERT!FICATE DOES NOT AMEND,
EXTEND JR Al rER THE COVERAGE AFFORC eo BY TH.:: POUCIES BELO'N.
COMPANIES AFFORDIN~G COVERAGE
f~~~Y A International Surplus Lines Ins. Co.
INSURED
COMPA~Y B
LETTE~ I
The Bre~\e:r COmpan~' of Florida, Inc.
980 1 N.~,'. 106 t h St.
Miami, :Fla,. 33178
COMPAi\JY C
LETTER '
. ~~:'
! COMPA\JY D
LEITER
COMPANY E',
LETTEF
I I I i ~ ~; ~ : ' I ~ t I : I 'i ! i ji ~ I II .
THIS IS TO CERTRFY l'H~~ T POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE f()R T.... E POLICY PERIOD INDICA TEtl.
NOTWITHSTANOltUJi AN~f REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERT oAIN, THf: INSURANCE AFFORDED e V' THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEA"~S, EXCLUSIONS, t'ND CONO I-
TIONS OF SUCH P(,~LICJES.
TYPE OF!N~ illRJ\INGE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIOOIVY)
lJ..,BILlTY LIMITS IN THOUSANCtS
OCC5~~~NCE AGGREGA r:
POLlCY EXPIAA TIO~
DATE (MMIOOiVY)
GENERAL LIAS IU1'V
X COMPREHENSiVE :ORM
:;)REMISESJOPE~A "IONS
UNDERGROUND
EXPLOSION & eOl LAPSE HAZARD 531-000522 - 9
PROOUCTs/COMPl ETED OPERATIO~S
CONTRACTUAL
INDEPENDENT COtHRAGTORS
BROAD FORM PRCPERTY DAMAGE
PERSONAl INJUR'"
I;QOIL.
INJUR'
$
$
i
PROPE ~TY t
DAMAC E $
$
8/27/87
8/27/88
AUTOMOBILE LIAalLll'Y
X ANY AUTO
ALL OWNED AUTOS (PHIV PASS.)
ALL OWNED AUTOS (~:W\~.R pl~~~ )
HIRED AUTOS
NON-OWNED J~UTOS
GARAGE L1ABILlT'1
BOOIl Y
INJURY
tPER PERSON) $
BOOt. Y
!rWRY
i!'fR ACe OHm $
PROPERTY
DAMAGE $
ls, & P[;) $500, per
COMSI~ED ~_
, Mle a
applic)
~~t:i~ED SIR per
EXCESS UASIL,ITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
--.---1
ST A TUTORY
WORKERS' COMPEIIjSA TION
ANtO
EMPLOYERS.' LIABILITY
$
$
$
(EACH ACCIDENn
(DISEASE-POLICY L1Mln
(DISEASE-EACH EMPLOYEE;I .
OTHER
DESCRIPTION OF OPERA TIC>NSlLOCA TlONSNEHICLES/SPECIAL ITEMS
RE: Roadway I~proven~nts, Big Coppitt Roads 1,
Additional ins'ureds - Monroe County and Post,
#04-004.72
Shuh and Jenligan
Monroe County
500 Whitehead Street
Key West, Fla. 33040