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04/27/1979 ~ \ \ \ CONTRACT THIS AGREEMENT made as of the 27th day of April in the year 1979 by and oetween the Board of County Commissioners, Monroe County Florida (hereinafter called OWNER) and ~ THE BP~WER CO:MPANY OF FLORIDA, II~C., a Florida corporation," (hereinafter called CONTRACTOR) WITNESSETH THAT OWNER AND CONTRACTOR in consideration of the mutual covenants hereinafter set forth agree as follows: ..}.~ ".J" Article 1. WORK. The CONTRACTOR shall perform all Work as. specified or indi~ated in the Contract Documents for the completion of the Project generally described as fo 11 ows : ,~Y:' Burton Drive ~ Key La rgo I Fl 0 ri.da . . --<' Article 2. ENGINEER. The Project has been designed by Reynolds, Smith and Hills, Architects-Engineers-P1anners, Incorporated, who will act as ENGINEER in connection with completion of the Project in accordance with the Contract Documents. .~ Article 3. CONTRACT TIME. The Work will be completed within 90 days after the date when the Contract Time commences to run as provided in paragraph 2.5 of the General Conditions. The CONTRACTOR shall commence work within 10 cal~ndar days after receipt of Notice to Proceed., l J.. , Article 4. CONTRACT PRICE. Owner shall pay the CONTRACTOR for performance of the Contract subject to additions and deductions provided in the Contract Documents as fa 11 0 ws : Based upon the unit prices shown in the proposal submitted to the OWNER by the CONTRACTOR, the aggregate amount of this Contract is FORTY-NINE THOUSAND FIVE HUNDRED Dollars ($ 49,500.00 ). Article 5. APPLICATIONS-FOR PAYMENT. ,CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. The Applications for Payment will indicate the amount of the Contractor1s Fee then payable. Applications for Payment will be reviewed by ENGINEER as provided in the General' Conditions. ~l Article 6. PROGRESS AND FINAL PAYMENTS. OWNER shall make progress payments on the basis of CONTRACTORts Applications for Payment as approved by ENGINEER, on or about 30 days after receipt of the CONTRACTOR1s request for progress payments. 6.1 Progress payments will be made: ~ 6.1.1 Prior to Substantial Completion, in an amount equal to: 90% of the Work .completed, and C-l ~ 90% of material and equipment not incorporated in the Work but de- livered and suitably stored, less in each case the aggregate of payments prevlously. made, . 6.2 Upon final completfon of the Work and settlement of all claims, OWNER shall pay the remainder of the Contract Price. Article 7. ACCOUNTING RECORDS, CONTRACTOR shall check all materials, equipment and labor entering into the Work and shall keep such full and detailed accounts as may be necessary for proper financial management under this Agreement, and the system shall be satisfactory to OWNER. OWNER shall be afforded access to all CONTRACTOR's. records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda and similar data relating to the Cost of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the contract between OWNER and CONTRACTOR are attached hereto and made a part hereof and consist of the fo 11 owi n 9 : 8.1 Invitation to Bid 8.2 Instruction to Bidders 8.3 Proposal including Exhibits 8.4 This Agreement including Exhibits .~ 8.5 General Conditions 8.6 Supplementary Conditions 8.7 Specifications 8.8 Addenda prior to execution of this Agreement 8.9 Modifications after execution of this Agreement 8.10 Drawings listed below: Sheet No. Title Key Sheet 2 3-5 6-8 9 Typical Sections Plan and Profile Cras s Secti ons Aerial Site Plan ~ C-2 ~ Article 9. MISCELLANEOUS. 9.1 Terms used in thts Agreement which are deftned in Article 1 of the Gener'al Conditions shall nave tn.e meanings indicated i'n tne General Conditions. 9.2 Netther OWNER nor CONTRACTOR shall, without the prior written con- sent of the other, assign or su51et in whole or in part his interest under any of the Contract Documents; and, specifically, CONTRACTOR shall not assign any moneys due or to become due witnout tne prior written cons'ent of OWNER. 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal repres~ntatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 The Contract Documents consitute the entire agreement between OWNER and CONTRACTOR and may only De altered, amended or repealed by a duly executed written instrument. ~~ ~ C-3 ~ 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.* Approved as to correctness of form: Attest:--:> ~ ~pA "'. a.l) County Cl erk Board of County Commissioners Monroe County ~ Signed, Sealed and Witnessed in the presence of: THE BREWER COMPANY OF FLORIDA, INC. Party of the Second Part By: w. F. Brewer Vice-President Title A~ (Sea 1 ) G.R.Gaines.Assist-Secy (*) 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 Corporatton, authorizing t~e officer who signs the Contract to do so fn tts behalf. .~ C-4 ..~ PERFORMANCE BOND STATE OF FLORIDA ) ss COUNTY OF MONROE ) THE BREWER COMPANY OE FLORIDA& INC. KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor, LUMBERM.ENS MUTUAL CASUALTY CO. and as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County,. Florida, as Obligee, hereinafter called Owner, in the amount of RlJt.TY UIUE 7/'~(/*5A1UJ) nVe .J!VJJl:>ltfil) Dollars ($ ~tSoaco ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these pre- sents. WHEREAS, Contractor has by written agreement dated 19 ,entered into a Contract with Owner for: APR 2 71919 Burton Dri ve Key La rgo , Monroe County, Florida in accordance with drawings and specifications prepared by Reynolds, Smith & Hills, whi ch Contract is by reference made a part hereof and is hereina fter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if the Principal shall in all respects comply with the terms and conditions of said Contract and his obligations thereunder, including the Contract Documents (which include Notice of Calling for Bids Instructions to Bidders, Proposal, Bid Security or Bid Bond, Contract, Contract Bond, General and Special Conditions, Specifications, Addenda and Drawings), therein referred to and made a part thereof, and such alterations as may be made in said Drawings and Specifications as therein provided for, and further, if such "Con- tractorll of "Contractors" shall promptly make payments to all persons supplying him, them, or it, labor, material and supplies used directly or indirectly by s~id Con- tractor, Contractors, Subcontractor or Subcontractors in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, 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. PB-l And the said Principal and Surety hereby further bind themselves, their suc- cessors, heirs, executors, admfnistrators, and assigns jointly and severally, to repay the Owner any sum which the Owner maybe compelled to pay because of any lien for labor or material furnished for the work embraced by said Contract. 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 wrfting. If the Contractor refuses or neglects to do such work within five (5) days from the date of service of such Notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its oolfgattons on this bond, and lt does hereby waive Notice of any change, extension of time, al teration or addi'tion to the terms of the Contract or to the work or to the Specifications. /r~ PB-2 IN WITNESS WHEREOF, the abovebounden parties executed this instrument under their several seals, this _ day of APR 971979 19_, A.D., the name and corporate seal of each corporate party being'tifflto affixed and these presents duly signed by its undersfgend representative, pursuant to authority of its govern- ing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix seal). PRINCIPAL': THE BREWER COMPAtfi OULQIDDA. !Ne. ~ G.R.Gaines, Assistant-Secretary Vice-President Title 9800 Northwest 106th Street Business Address Miami . City Florida S ta te SURETY: WITNESS: ,POWER OF ATTORNEY ATTACHFf) A ffi x (Seal ~AL~~, ty State Name of Local Insurance Agency ,FRANK B. HALL & CO. of FLORIDA 2600 DOUGLAS ROAD CORAL GABLE,~ t.'LA. 33134 P. O. BOX ,;43800 CORAL GABLES, J?LA. 33134 TELEPHONE: 448-2211 PB-3 _CERTIFICATES AS TO CORPORATE PRINCIPAL I , G. R. Gaines , certify that I am the Secretary of the Corporation named as Principal in the wirhin bond; that W. F. Brewer who signed the said bond on behalf of the Principal, was then Vice-President of said Corporation; that I know his signature, and his signature hereto ;s genuine; and that said bond was duly signed, sealed, and attested for and in behal f of said Corporation by authority of its governing body. ~ Secretary, G.R.Gaines Corporate Seal STATE OF FLORIDA COUNTY OF MONROE Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN .K. fEeeER to me well know, whq being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the IUMBERMENS MUTUAL CASUALTY CO. and that he has been author; zed by POWER OF ATTORNEY ATTACI/[O to execute the foregoing bond on behal f of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this ____ day of ~lS]B MAY 2,1979 19 ,A.D. (Attach Power of Attorney to Original Bid Bond and Financial Statement from Surety Company) ~YJJ1V-~ Notary Publ i c State of Florida-at-Large My Co mm; s s ; 0 n Ex p ; riI&a!y PlIblic StatuUllII1da at lal'fe. · ""C_rssIOlllpres All. 31, 1911. PB-4 LUMBERMENS MUTUAL CASUALTY COMPANY Home Office: Long Grove, IL 60049 ..._ ; ~ ~ ~ InSURanc~ CDmpanl~S POWER OF ATTORNEY K now All Men By These Presents: That the Lumbermens 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 * *.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*. Donald A. Kaplan, Marvin R. Haven, Peter F. Pruitt, R. Leslie Cizek, Jr., Linda Fast, Sandra K. Cummings, Kenneth D. Gathings, G. W. Haynes and John K. Pepper all of Coral Gables, Florida (EACH)************************ its true and lawful agent(s) and attorney(s)-in-fact, to make, I execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1981, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings. ******** EXCEPTION: NO AUTHORITY 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 may 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. THIS APPOINTMENT SHALL CEASE AND TERJ\t\INATE WITHOUT NOTICE AS OF DECEMBER 31, 1981. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said Lum~ bermens Mutual Casu'alty 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 being in full force a'nd effect: "VOTED, That the President or any Vice President or Secretary or any Assistant Secretary shall have power and authority to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and.any such officer of the company may 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: "VOTED, That the signature of the President, any Vice President, Secretary or Assistant Secretary, and the Seal of the Com- pany, and the certification by any Secretary or Assistant Secretary, may be affixed by facsimile on any power of attorney executed pursuant to resolution adopted by the Board of Directors on May 18, 1965, and any such power so executed, sealed and certified with respect to any bond or similar undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Lumbermens Mutual Casualty Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 1st day of March ,19 78 Attested and Certified: LUMBERMENS MUTUAL CASUALTY COMPANY By i1~J:; C. G. Swan, Secretary H. L. Kennicott, Jr., Vice President S'T A TE OF ILLINOIS } 55 COUNTY OF COOK :, Jean Petzold, a Not ary Publ ic, do hereby certify that H. L. Kennicott, Jr. and C. G. Swan personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Lumbermens Mu- tual Casualty Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corpora- tion and as their own free and voluntary act for the uses and purposes therein set forth. p cJ=::> ~tZOld, Notary Public My commission expires: April 29, 1980 CERTIFICA TION I, Sven l. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated___}1arch 1 ~ 1978 on behalf of Safne as A bove*****-1<-***** 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 H. L. Kennicott, Jr. and C. G. S\van who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the at- tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casualty. Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumber- rnens Mutual Casualty Company on this day of , 19 Secrefarv 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 COITlpany except in the manner and to the extent herein stated. f A .3 b 2 - -~ ~ - 7 --; 1 M Po,^,er of AlIornt'~-l erm PRINTED I~ L ~. ~ . SPEC IAL MEETING OF THE BOARD OF DIRECTORS A special meeting of the Board of Directors was held at the Company office located at 9800 Northwest l06th Street, Miami, Florida on March 16, 1979. All Directors were present and Charles Munz acted as Chairman of the meeting. Mr. Munz stated the purpose of the meeting was to authorize certain officers of the Company to sign contract documents on its behalf. After some discussion Walter F. Brewer ~de a resolution that the following officers be authorized to sign contract documents on behalf of the corporation. Charles H. Munz, President Walter F. Brewer, Vice-President Walter R. Brewer, Assistant Vice-President A vote was taken and the resolution was unanimously approved. There being no further business to discuss the meeting was adjourned. \ ~nlp4 ~. ~4ih~ BRANCH OFFICE 3117 OVERSEAS HIGH\VAY MARATHON, FLORIDA 33050 TEL. (305) 743-9036 RECORDER COLLECTOR OF DELINQUENT TAXES CLERK OF THE CIRCUIT COURT 16TH JUDICIAL CIRCUIT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 BRANCH OFFICE P~O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 COUNTY CLERK COUNTY AUDITOR July 26, 1979 Frank B. Hall & Co. of Florida P. O. Box 343800 Coral Gables, Florida 33134 Attn: Ms. Sandra K. Cummings Dear Ms. Cummings: Enclosed please find a certified copy of Monroe County Resolution No. 150-1979 which authorized the execution of the General Purpose Rider issued by Lumbermens Mutual Casualty Co., to be attached to and form part of Bond Number 9 ST 002 215 issued on behalf of The Brewer Company of Florida, Inc. as principal and in favor of Monroe County, Florida. Very truly yours, Ralph W. White Clerk of Circuit Court and ex officio Clerk Board of County Commissioners RWW/vp .cc: file Enclosure ~ LUMBERME~S MUTUAL CASUAL TV COMPANY D AMERICAN MOTORISTS INSURANCE COMPANY D AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY . \ GENERAL STATUS INQUIRY - CONTRACT BONDS _InSURance companies OWNER, OBLIGEE OR ORIGINATING COMPANY AND ADDRESS MONROI1 COUNTY BOARD OF COMMISSIONERS DATE RALPH WHITE (in charge) 500 WHITEHEAD DRIVE KEY WEST, FL 33040 3-31-80 OUR BOND NUMBER 9ST 002 215 REINSURED'S NUMBER CONTRACTOR THE BREWER COMPANY OF FLORIDAI INC. ADDRESS _ MIAMI I FLORIDA DESCRIPTION OF CONTRACT - INCLUDE LOCATION AND OWNER'S CONTRACT NUMBER Burton Drivel Fla. - clearing, grubbing, wideninal & resurfacing OWNER MONROE COUNTY BOARD OF COMMISSIONERS CONTRACT PRICE BONDS EFFECTIVE DATE $ 49,500.00 $ 49,500.00 4/27/79 Without, prejU,dic" in, g your right or affecting our liability under our bond(s) described above, Wr;&ieUld ""a,p preciate such of the following information as is now available. ,- Very truly yours, '/_ PLf/Cl75f' REsPo"wD SO · " ()~ E ;LJ AY /~L' 1fJtt-..<: E- ,_ R- "'-1' E ~ RACT B ND DEPARTMENT , l. '- l".." v at)" t- L c 'T\"t~L~ K yo 0 ~ 1. It is understood that the information contained herein is furnished as a matter of courtesy for the confidential use of the surety and is merely an expression of opinion. It is also agreed that in furnishing this information, no guaranty or warranty of accuracy or correctness is made and no responsibility is assumed as a result of reliance by the surety, whether such information is furnished by the owner or by an architect or engineer as the agent of the owner. 2. IF CONTRACT COMPLETED, PLEASE STATE: COMPLETION DATE APPROXIMATE ACCEPTANCE DATE to ./%., 79 k ~ ;2$- z:? 3. IF CONTRACT UNCOMPLETED, PLEASE STATE: ' APPROXIMATE PERCENTAGE OR DOLLAR AMOUNT OF CONTRACT COMPLETED OR DELIVERED FINAL CONTRACT PRICE ~.f .6bo (00 $ 4. DO YOU KNOW OF ANY UNPAID BILLS FOR LABOR OR MATERIALS? 0 YES, REMARKS I NO 5. REMARKS Title Date ~7~Yo Signatu~ FK 773-1 10-79 10M PRINTED IN U.S.A. GENERAL PURPOSE RIDER To be attached to and form part of Bond Number 9 ST 002 215 effective 4/27/79 , issued by the LUMBERMENS MUTUAL CASUALTY COMPANY in the amount of FORTY NINE THOUSAND FIVE HUNDRED * * * * * * * * "';~ * "';~ no/lOO * * ($ 49,500.00 ) Dollars, on behalf of THE BREWER COMPANY OF FLORIDA, INC., as Principal and in favor of MONROE COUNTY, FLORIDA , as Obligee: NOW, Therefore, it is agreed that: The provisions and limitations of Section 255.05 or Section 713.23, F1orid~ Statutes, whichever is applicable to the contract, are incorporated in this bond by reterence. It is further understood and agreed that all other terms and conditions of this bond shall remain unchanged. This rider is to be effective the 27 day of April 19 79 . Signed, sealed and dated this 17 day of May 79 , ,I 9 _ . THE B~WER COMPANY OF FLORIDA, INC. /".. t:C ,r-- _____. ~=. vBY: ~' .-/ ~~~. --~ f. <'1'~ ~) ~- " ,..------. -"-_.._-) ,.- ERMEN~.~<MUTllAL ) Accepted by: / . .... ../' ~ .'7;7 :( z./---z .~ _ - in - fact ~ t SECOND REQUEST JUN 1 4 1979 FRANK B. HALL & CO. of FLORIDA 2600 DOUGLAS ROAD CORAL GABLES, FLA. 33134 P. O. BOX 343800 CORAL GABLES, FLA. 33134 TELEPHONE: 448-2211 . ~'ay 30, 1979 The Board of County CommIssioners Monroe County .500 \~!tlltehead Street Key West, FlorIda ATTN. Mr. StIckney Rea Bre\)'er & Company of Florida, Inc. - Contractor Burton Drive, Key Largo near ~ir. StIckneY1 We Issued the Performance &: Payment Sond on this project on behalf of the ~rewer Company of Florida, and we have been requested by Lumbermens MU~Jal C:!SlJ3Jty Insurance Comp.~ny to add a rIder to the. bond Incor}X)fatlng a reference to the Florida Statutes, Section 2".0' or Section 7 J ).2~t which is the Florida tlen Law. Attached you will find the rider and one copy, which we ask that you please sign and return tt) us at your earlIest convenIence. We wholeheartedly s\J~est that, in the futtlre, your bond form be revised to make reference to this section of the Florida Statutes, as It affords a greater degr~ of protection to the contractor. Should you have any questions at all regardins this attachment, please do not hesitate to call. \ ',. I it . t . .,.) JXP:pjh enc. C".:. .l. \ ~l ~, l!/ . l'-., ~,j ,'" / \,,~\ ,,\ \. ! ~. .,. \...~~j. ;. j ,.... , (~ ~ I ; /'1- f ~ / \. \ \.' . t--} \' ~\...