Loading...
05/08/1984 :, .... ,,'(,\, i N.qL "I~: i '~., . , I ~ SEC1'ION 00500 ~~,- ,-. .~ CONTRACT !.liIIS AGREEMENT, made and entered into this ft h day of 01. y , 19~ A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and The Brewer Company of the "Contractor"). , party of the second part hereinafter sometimes called WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1.01 SCOPE OF THE WORK A. The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Specification entitled: '" ROADWAY IMPROVEMENTS KEY LARGO ROADS II (MILE MARKER 95 TO MILE MARKER 101) KEY LARGO MONROE COUNTY, FLORIDA ~ ~ as prep;ared 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 O\fJler 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 Seventy-seven Thousand ~ix Hundred Sixty-one and 55/100- - - - --'- - - - - - - - - - - - - - - Dollars ($77.661.55). 1.03 COMIVlENCEMENT 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 Noti.ce to Proceed. . 00500-1 401-002.33/37 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 00500-2 401-002.33/37 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 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 CON'rRACT 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 Title Cover Sheet Details Plan and Profile Sheets 00500-3 401-002.33/37 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,' ; FLORIDA ~J ~ Party of th · st Part Signed, Sealed and Witnessed in the presence of: * * G.R.Gaines,Asst.Secretary By: Ma or and Chairman of the Board of County Commissioners Attest: Clerk THE BREWER COMPANY OF FTJORTDA, TNr Party of the Second Part ~ Walter Brewer Vice-President Ti tIe (Seal) G.R.Gaines, Asst.Secretary (*) 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. 00500-4 401-002.33/37 CERTIFICATE (Sample) STATE OF FLORIDA ) COUNTY OF ) ss I HEREBY CERTIFY that a meeting of the Board of Directors of The Brewer Company of F la. , Inc. , a corporation under the laws of the State of Florida ,held on 4-12-84 , 19_, the following resolution was duly passed and adopted: "RESOLVED, that Wal ter Brewer , as Vice- President of the corporation, be and he is hereby authorized to execute the Contract dated , 19 , between Monroe County, Florida, and this corporation, andthat his execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this 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 ..lL day of April , 1984- Ass .Gaines END OF SECTION 00500-5 401-002.33/37 SECTION 00610 PERFORMANCE BOND STATE OF FLORIDA ) COUNTY OF ) ss KNOW ALL MEN BY THESE PRESENTS that The Brewer Co.. of Fla.., Inc as Principal, hereinafter called Contractor, and LUMBERMENS MUTUAL CASUALTY CO. as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the~ount o~1'~frf<>~~ S/~ I/v,.,I)A.EiJ ~'~lYOu~ pi ~L.d ' Dollars ($ 7~'v:m for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a Contract with Owner for: , 19_, ROADWAY IMPROVEMENTS KEY LARGO ROADS II (MILE MARKER 95 TO MILE MARKER 101) KEY LARGO MONROE COUNTY, FLORIDA in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh & Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the Owner and the Consulting Engineer and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provisions of said Contract. 00610-1 401-002.33/37 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 thatxey have a Best's Key Rating Guide General POlicyholder's Rating of" +-" and Financial Category of "Class ~, II tt. 00610-2 401-002.33/37 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 19 , A.D., the name and corporate seal of each corporate party being hereto affixefind 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). PRINCIPAL: The Brewer Co. of Fla., Inc. (Affix (Seal G.R.Gaines,Asst-Secretary Vice-President Title 9801 N.W. l06th Street Business Address Miami, Florida 33178 City State SURETY: WITNESS: LUMBERMENS MUTUAL CASUA .CO. Corporat urety (Affix (Seal ~BUS' ess Address n -~~,~. Cit State Name of Local Insurance Agency FRANK B. HALL & CO. of FLORIDA 2600 DOUGLAS ROAD CORAL GABLES, FLA. 33134 P. O. BOX 343800 CORAL GABLES, FLA. 33134 ~"ELEPHONE: 448-2211 00610-3 401-002.33/37 '" , LuMBERMENS MUTUAL CASUAL TV COMPANY Home Office: long Grove, IL 60049 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. ........... .... .... ..... R. Leslie Cizek, Jr.; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan; John K. Pepperj James H. Waters; Evanthia Dindtropoulos; Camille Hanlon; Kaaren Fulton; all of**************' Coral Gables, Florida (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 .. ,..... GROUP I I 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 tW9 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 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- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, ~ true and accurate copy of which is hereinafter set forth and is hereby cert ified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED, That fhp President or any \lirp Presidenf or Secretarv or any Assistant Secretarv shall have power and authorif\ 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 \vritings obligatory in the nature thereof, and any such officer of the compan}' 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 pov~)er of attorne\ executed pursuant to resolution adopted by the Board of Directors on f\1a~ 18, 1965, and any such po\\'er so executed, sealed and certified with respect to an\' bond or similar undertaking to \\'hich 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 4~h day of N()vpmh~r , 19-E.. A~.~: LU:ERpj ;TU NY R.H. Johnson, Secretary G. H. Kasbohm, Vice Preside!) t STATE OF ILLINOIS}ls 'COUNTY OF COOk I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm "and R. H. Johnson 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. My commission expires: May 5, 1986 FA 8~2 8-82 1M -d/~ KJ Jif-",,# Genevieve B. Huff, Notary PublIc PRINTED ,~ U.S.A. Power of AttornE'y-l erm CERllFICA liON I, Sven L. Johanson, Secretary of the Lumbermens Mutual Casualty Company, do hereby certify that the attached Power of Attorney dated November 4 I 1982 on behalf of Same as abovt9 _ ************** 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 executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execu tion of the at- tached Power of Attorney the duly elected Vice President and Secretary of the Lumbermens Mutual Casualty Company. IN TESTIMONY WHEREOF, r have hereunto subscribed my name and affixed the corporate seal of the Lumber- mens Mutual Casualty Company on this day of , 19 ~ecrerary This ~ower 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; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS, 60049. CERTIFICATES AS TO CORPORATE PRINCIPAL I, G.R.Gaines , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Walter Brewer who signed the said bond on behalf of the Principal, was then Vice-Presidenctf 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 ines Corpora te Seal STATE OF FLORIDA ) COUNTY OF ) ss Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN K. PEPPER to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the LUMBERMENS MUTUAL CASUALlY Co. and that he has been authorized by POWER OF ATIORNEY ATTACHED to execute the foregoing bond on behalf of the Contractor named therein in favor of the Subscribed and sworn to before me this _ day of ~, 19_, A.D. (Attach Power of Attorney) Notary Public State of F10rida- t-Lar~ry Public State of n3r!~a at large. t · E' An ril 22 19 B 1 My Commission Expires: My COmmiSSion xpues ~ I t END OF SECTION 00610-4 401-002.33/37 SECTION 00620 STATE OF FLORIDA ) COUNTY OF ) ss PAYMENT BOND The provisions and limitations of sectj~ 255.0~ or section 713.23, Florida Statutes, whichever IS applicable to the contract,_ are incorporated _in thii. bond by reference. KNOW ALL MEN BY THESE PRESENTS that The Brewer Co. of F la. lIne. as Principal, hereinafter called Contractor, and lUMBERMENS MUTUAL CASUALTY CO. as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the a~~nt o~)'~AJ ~t/,AJJ'f) 5''"''- HlJ,."OA.'E"D ~'~l'1 CS,"'" /rr~b Dollars ($ 7~U/.~D / / . . for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a Contract with Owner for: , 19_, ROADWAY IMPROVEMENTS KEY LARGO ROADS II (MILE MARKER 95 TO MILE MARKER 101) KEY LARGO 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, TI-IEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall promptly make payments to all claimants, as hereinbelow defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. B. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such sui t. 00620-1 401-002.33/37 c. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefor. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D. . The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. E. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications applicable thereto shall in any wise affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. F. The Surety represents and warrants to the Owner that thi}.-have a Best's Ke. y Rating Guide General pOl~lrr's rating of " ;---: " and Financial Category of "Class It. I 00620-2 401-002.33/37 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of 19 , A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or PartnerShip, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix seal). PRINCIPAL: The Brewer Co (Affix (Seal sst-Secretary Title Vice-President 9801 Northwest 106th Street Business Address Miami, Florida City State 33178 SURETY: WITN ESS: LUMBERMENS MUTUAL CA ALlY CO. Cor~ ~ te Surety ;/ ( Affix (Seal STATE OF FLORIDA PUBLIC WORKS RIDER ATTACHED ~~~~, it State Name of Local Insurance Agency HALL & CO. of FLORIDA, F~B. 2600 DOUGLAS ROAD CORAL GABLES, FLA. 33134 P. o. BOX 343800 CORAL GABLES, FLA. 33134 TELEPHONE: 448-2211 00620-3 401-002.33/37 CERTIFICATES AS TO CORPORATE PRINCIPAL 1, G.R.Gaines , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Wal ter Br~w~r who signed the said bond on behalf of the Principal, was then Vice-Pres. 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. Corporate Secretary, ~. R. Ga ines Seal ST ATE OF FLORIDA ) COUNTY OF ) ss Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared JOHN K~Pf.PJ!.E.R ~- to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the L~ty1BERMENS ~AUTUAL CASUALl1 CU. and that he has been authorized by POWER OF ATIORNlY it 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 Al'~ - ,- : i.1 19~~ , 19_, A.D. Notary Public State of Florida- t-Large Notary Public State of ftcilda at large. My Commission Expires: My Commission ExDillS AJrU 22, 1981 END OF SECTION (Attach Power of Attorney) 00620-4 401-002.33/37 LU.MBERMENS MUTUAL CASUAL TV COMPANY Home Office: long Grove, IL 60049 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 · .......... ........ ... R. Leslie Cizek, Jr.; Kenneth D. Gathings; Marvin R. Haven; Donald A. Kaplan; John K. Pepperi James H. Waters; Evanthia Dinlltropoulos; Candlle Hanlon; Kaaren Fulton; all of**************~ Coral Gables, Florida (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.******************~ .' I · ...GROUP I I 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 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- bermens Mutual Casualty Company on May 18, 1965 at Chicago, Illinois, ~ 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 and effect: "VOTED, That ih~ Presideni or any Vice President or Secrelar~ O( dny Assi~iant Secretaty Shdil have povver dnd duthoriT') to appoint agents and attorneys in fact, and to authorize them to execute on behalf of the company, and atfach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other \vritings obligator~ 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 po\ver of attorne'r executed pursuant to resolution adopted by the Board of Directors on '\1a) 18, 1965, and any such po\\'er so executed, sealed and certified with respect to any bond or similar undertaking to \\'hich 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 4'th day of N()V~mh~T , 19~. LUMBERMENS MUTUAL CASUALTY COMPANY ~a9Z: R.H. Johnson, Secretary STATE OF ILLINOIS}ss 'COUNTY OF COOK I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm 'and R. H. Johnson 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. By !)I)7 ~L-- G. H. Kasbohm, Vice Presiden! My commission expires: May 5, 1986 FA 8~2 8-82 1M .d/~ Jt1 ?I--~ Genevieve B. Huff, Notary PubliC PRINTED I~ U.S.A. Power of Anorney- Term CERllFICA liON I, Sven l. Johanson, Secretary of the Lumbermens tv1utual Casualty Company, do hereby certify that the attached Power of Attorney dated November 4 I 1982 on behalf of Same as aOOVA a ************** 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 executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execu tion 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- mens Mutual Casualty Company on this day of , 19 ~ecrelary 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 (12) 540-2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS, 60049. aJDr, POll .aarolVwICJ: . rAY,\LtlT DOIJU PUBLIC NOaa - IT^.E or r~RID^ ACIEDWft' ..4. tJal. APR 1..Z--.l98.4-__ ..1 of 1. _' ..t..... i HE BREWER COMPANY OF FLORIDAa INC. _ C"."fin.fte., ..11-:1 u.. .'II.CIPU-) .... _tJIMBERrv'llNS MUIUHL CASUALTY CO. ,~ Chere1uft... ..11.. the .'Uqn-. .n' ~.m~$ 01vlJrY ~ Cb&r.lna'~ ..11.. ~. .~Ea.l . "EIWAI, ..APR1 ? lW '.r of , l' ~. parti.. ..r.to-int.~iI~~~nce ana 'Iyment lond, . copy--- whereof i. ..reto att.abed ... incorporate. ~.re1n by reference, and MBEI&AI, ..1d ,artl.. have .,r... to add certa1n te~ to ..id ..rfor..nc. ... '.~t aced to confora with Florida Statut.. ~55.05, ~, 7>>ta&rOAE, it i. .,re.d that the .aid 'erloraance .n~ 'ayment aond i. hereby chan,.d a.. .. to provide that. No .ult or action for labor, ..tert.l. or .upplle. ,hall b. inltltuted ".~eundQr .,.in.t the 'l'lnclpal or the lu.rety unl... both of the tollov111~ ~;..,-.... __1Ia~ aa..n ,tve" tar aal elat..nt, .a .1.1~l, ..ce,' . l,borer, who 1. not in pxlvlty ~lth lb. P~lncjpal and "0 h.. not received payMent tor hia labor, ..'.rial. O~ auppll.. ahall, with .5 ..Y' alter be1inn1nq to 'urni.~ l.bor, ..terlal. or auppll.. tor the pro.ecut1on of t.. vor~, lu~.1.h the 'r1ncipal ~ith . notle. th.t he lnten4. to look to the bond tor protection, and A alai.ant who i. not in privity with the 'r1nclra1 an4 who h.. DOt ~.cely.d p.,..nt for hi. labor, ..terlall or lupplle., ah.ll within '0 'ay. .ft.r perfor..nce of the labor or .fter complete "livery of ..terlal. or .uppll..~ d.liver to the Principal and to ~e .~retl written notlc. of the perto~nc. of the labor or '.livery of the ..ter1al. or .uppli.. and of the nonp.yment. .0 action .ball ~ inltltute. a,_sn.t the 'rlncipal or the .urety .. the bond .Iter on. (1) y..r ra. the rrfo~nc@ of the labor or Oo.F1et1on ., ..livery Dr the ..teri. or .Uppll.... It 1. the ..pr... .,re.~nt that .11 other tera., condition. and atipulationa contain" 1ft the .aid Performance .n4 Payment 8o~d ahall ~..aln 1. lull force and .ffect and without any chant. or .ol!lfieat!on. Vh.floever. .xcept onlr ., to ~h. ad~itlon., .1 above prov1d(J. ---' - -r- ..-- Acceptod, lnclpal) IY Clurt'\v} (~.,ne r ) IY . _. y,'i'i ,6, : <i i << << << << This document is furnished for information only. It does not provide or convey any insurance. Unless specified hereon its issuance does not make ~ the person or organiz~tion to whom it is issued an additional insured under any policy of insurance. It neither affirmatively nor negatively amends, extends or alters the coverage afforded by the contract of insurance between the insured and any Company. Amendment. extension or change of such contract can only be effected by endorsement issued by the Company and attached thereto. th i r t y ( 3 0 ) da y s I Should any above described policy be cancelled, the Company issuing said policy will make all reasonable effort to give,4lotice to the holder of this document, at the address shown herein, but faiture to give such notice shall impose no obligation of any kind upon the Company or the undersigned. ~ BFyRAN~ H~LL" ,CQ~~~. Aaents ~ <<Dated 4/18/84 twn /~~ ~ ~ >> ~ I Jr'~~~~~~~~~~~~~~~~1(' ~ti'~~~~~~~~~~~~~~~~~~J( ~ . ~ i €trtificatt of Insuranct I ~ i ~ ~ ~ I >> THIS IS TO CERTIFY that the described policies, covering in accordance with the terms thereof, are in force as of the date hereof: Insured: THE BREWER COMPANY OF FLORIDA, INC., W & B TRUCKING, INC., & ASPHALT MATERIALS & PAVING COMPANY, INC. 9801 N.W. 106th Street Miami " Florida. 331]8 LIMITS OF LIABILITY COMPANY AND EXPIRATION COVERAGE POLICY NO. DATE Bodily Injury Property Damage Workers' Statutory Nil Compensation Employer's Each Accident $ Liability Nil Comprehensive National Each Occurrence $ 500,000 Combined Single Limit General Liability Union Fire Aggregate $ 500,000 Combined Single Limit Products Completed GLA94569l7RA 06/01/84 Aggregate $ 500,000 Combined Single Limit Operations Comprehensive National Automobile Union Fire 06/01/84 Liability BA1454687 Each Occurrence $ 500, 000 Combined Single Limit Excess/Umbrella Mission 06/01/84 Combined Single Limit $ 5,000,000 Li ability National Aggregate $ 5,000,000 MN020l77 I ~ ~ I << Certificate Holder is named as additional insured as their >> interests may appear. Project: Roadway Improvements, Key Largo Rds.,~ II MM95 to MM101 Key Largo, FL ~ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY ~ Key West, Florida This Certificate is issued to CERTIFICATE OF INSURANCE ELF NSURED ERVlCES, INC. This certificate IS issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. NAME AND ADDRESS OF AGENCY SELF INSURED SERVICES, INC. P. O. BOX 1 950 AL TAMONTE SPRINGS, FL 32701 The Brewer Company of Florida, Inc. 9801 Northwest l06th Street Miami, Florida 33178 L I I I I i I j L. I I This is to certify that Workers' Compensation and Employers' Liability coverage has been issued to the Insured named above and is in force for the period from to termination of Policy No. 890-0001 2-1-84 to 2-1-85 Cancellation: S~'ould the above coverage be cancelled, the Service Agency will endeavor to mail a 3D-day written notice to the Certificate Holder named below, but failure to mail such notice shall irrlpose no obligation or liability of any kind upon the , or the service agency. All terms of this certificate which are applicable to the described policy shall apply to the required renewals thereof. NAME AND ADDRESS OF CERTIFICATE HOLDER Board of County Commissioners of Monroe County Monroe County Courthouse Key West, Florida 33040 DATE ISSUED 4-23-84 J /~~ -aUTHORIZED SIGNATURE 00256 AC 184