01/17/1989
.~
r RE: c
CONTRACT
FE B i) 4,' ~ O.~I Ii.
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THIS AGREEMENT, made and entered into this 17th day of January
19li, A.D., by and between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "OWNER") and Continental Construction
Company, Inc. party of the second part (hereinafter sometimes called the
"CONTRACTOR").
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, equipment, tools, apparatus and
miscellaneous materials necessary to perform all of the work as described
herein and shown on the approved Shop Drawings for:
ASH CONVEYOR SYSTEM REPLACEMENT
FOR CUDJOE !{EY, LONG KEY AND KEY LARGO
SOLID WASTE LANDFILL SITES
MUNICIP AL SERVICE DISTRICT
l\10NROE COUNTY, FLORIDA
B. All three chain conveyor systerns, furnace. ash chutes (bonnets) and fine ash
inlets to be manufactured by Tramco, Inc. and furnished by the OWNER.
c. Cudjoe Key Site:
1. Disconnect and remove existing ash conveyor system and install new
system of equal length at same location as the original.
2. Remove existing furnace ash chutes (bonnets) and fine ash inlets (two
locations) and install new chutes and inlets making all required
modifiea tions.
D. Long I{ey Site:
1. Disconnect and remove existing ash conveyor system and install ne\v
system approximately 30 feet shorter than original installed at same
Ioea tion.
2. Remove existing furnace ash chutes (bonnets) and fine ash inlets
(three locations) and install new chutes and inlets making all required
modifiea tions.
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E. Key Largo Site:
1. Disconnect and remove existing ash conveyor systern and install new
system of equal length at same location as the original.
2. Remove existing furnace ash chutes (bonnets ) and fine ash inlets
(three locations) and install new chutes and inlets making all required
modifiea tions.
F . General:
1. CONTRACTOR to provide and install shimes as necessary for
leveling and plumbing each conveyor system.
2. CONTRACTOR to provide and install new anchor bolts as required to
secure the ash conveyor through and platform towers at each site,
utilizing the existing concrete foundat~ons.
3.
CONTRACTOR to remove all existing obstructions (concrete walls,
etc.) to the least extent possible to allow installation of each
conveyor system in accordance with the shop drawings.
CONTRACTOR to employ caution so as not to damage existing
foundations required for new installation of each conveyor system.
4. CONTRACTOR to make appropriate/required modifications to Idler
Supports at all locations for each conveyor system.
5. OWNER to provide new or additional concrete foundations, if
required.
6. OWNER to provide required electrical work.
7. CONTRACTOR is to touch up paint (prime shop coat) if damaged
during installation. Paint to be provided for OWNER by seller.
8. OWNER to provide final field painting.
9. OWNER shall clean each site area including removal of water, ash
and debris from conveyor and make each site accessible to the
CONTRACTOR.
10. The existing conveyor systems, upon removal by the CONTRACTOR,
\vill remain property of and be disposed of by the OWNER.
G. Installation, Start up and Testing:
1. CONTRACTOR shall work in harmony (close cooperation) with the
Seller (Tramco) to insure complete and proper installation of each
conveyor system.
2. CONTRACTOR to provide all necessary labor and equipment for
start up and final adjustments for each conveyor system.
3. The Seller (Tramco) will furnish supervision at each site for start up
and testing.
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H. Final i\cceptance:
1. Final acceptance will be determined by:
(a) Certification of Installation by Seller (Tramco Co.)
(b) Acceptance by OWNER'S Engineer
(c) Acceptance by OWNER
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 as follows:
B. Based upon the price shown in the Proposal heretofore submitted to the
OWNER by the CONTRACTOR, a copy of said Proposal being a part of
these Contract Documents, the aggregate amount of this Contract is the
sum of One Hundred Sixteen Thousand One Hundred Fifty-
Five Dollars ($116,155.00).
1.03 PARTIAL AND FIN AL PAYMENTS
A. In accordance with the provisions fully set forth, and subject to additions
and deductions as provided herein, the OWNER shall pay CONTRACTOR as
follows:
1. If the work progresses according to this Contract, the
CONTRACTOR will be paid 90 percent of one-third of the total lump
sum amount upon completion of the work at each respective site.
'\'ithin 45 days after receipt of the CONTRACTOR's request for
partial payment by the OWNER, the OWNER shall make partial
payments to the CONTRACTOR. The 10 percent is to be retained by
the OWNER until all work has been performed strictly in accordance
\vith this Agreement and until such work has been accepted by the
O\VNER. Each request for a partial payment shall be accompanied by
an executed copy of the Certification of Contractor shown herein.
2. Upon submission by the CONTRACTOR of the properly executed
Affidavit and the Release of Lien, shown herein, and also, after all
guarantees that may be' required 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 the Agreement and
acceptance of such work by the OWNER.
1.04 COMMENCEMENT AND COMPLETION OF WORK
A. The CONTRACTOR shall commence work five (5) days following delivery
of the new conveyor system to each site and prosecute the work with
faithfulness and diligence to complete the \vork at each site not later than
seven (7) calendar days and keeping within the following schedule:
1. Cudjoe Key: Commence Jan. 25, 1989, Complete Feb. 1, 1989
2. Long [{ey: Commence Feb. 2, 1989, Complete Feb. 9, 1989
3. Key Largo Key: Commence Feb. 10, 1989, Complete Feb. 17,1989
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1.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The CONTRACTOR hereby agrees that he has carefully examined each site
location to fully satisfy himself that each site is correct and suitable for
this work and he assumes full responsibility therefor. The CONTRACTOR
has reviewed drawings as prepared by Tramco, Inc. and fully understands
the same and agrees to their sufficiency for the installation of the
conveyor systems.
B. It is expressly agreed that under no circumstances, conditions or situa tions
shall this Contract be more strongly construed against the O\VNER than
against the CONTRACTOR and his Surety.
C. Any ambiguity or uncertainty in the approved Shop Drawings shall be
interpreted and construed by the OWNER's Engineer, and his decision shall
be final and binding upon all parties.
D. It is distinctly understood and agreed that the passing, approval and/or
acceptance of any part of the work 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 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 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 Dra\vings any
and all of said work which within a period of one year from and after the
date of the passing, approval, and/or acceptance of any such work are
found to be defective or to fail in any way to comply with this Contract or
with the Drawings. 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.
1.06 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
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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.
1.07 AFFIDAVIT AND RELEASE OF LIEN
A. When the work has been completed, the CONTRACTOR shall execute a
Final Release of Lien and an Affidavit declaring that all bills have been
paid in full.
B. These documents will be furnished to the OWNER in a form similar to
those hereto attached.
1.08 NO WAIVER OF LEGAL RIGHTS
A. Observation by the OWNER's Engineer or by any of his duly authorized
representatives, any measurement or report by the Owner's Engineer, any
order by the OWNER for the payment of money, any payment for or
acceptance of any work or any extension of time or any possession taken by
the OWNER shall not operate as a waiver of any provision of this Contract,
or any power therein preserved to the OWNER, or of any right to damages
therein provided. Any waiver of any breach of this Contract shall not be
held to be a waiver of any other or subsequent breach.
B. The OWNER reserves the right to correct any error that may be discovered
in any estimate that may have been paid, and to adjust the same to meet
requirements of this Contract. The OWNER further reserves the right,
should proof of defective work on the part of the CONTRACTOR be
discovered after the final payment has been made, to claim and recover by
process of .law, such sums as may be sufficient to correct the error, or
make good the defects in the work.
C. Any waiver of any provisions of the Contract Documents shall be specific,
shall apply only to the particular item or ma tter concerned and shall not
apply to other similar or dissimilar items or matters.
1.09 INSURANCE
A. The CONTRACTOR shall provide and maintain during the life of this
Contract "Workmen's Compensation Insurance" for all of his employees
employed at the site of the project and, in case any work is sublet, the
CONTRACTOR shall require each Subcontractor similarly to provide
"Workmen's Compensation Insurance" for all of the latter's employees
unless such employees are covered by the protection afforded by the
CONTRACTOR. In case any class of employees who are engaged in
hazardous work under this Contract at the site of the project are not
protected under the "Workmen's Compensation" Statute, the
CONTRACTOR shall provide, and shall cause each Subcontractor to
provide adequate coverage for the protection of his employees not
otherwise protected.
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B. The CONTRACTOR shall provide and maintain during the life of this
Contract insurance that will protect him and any Subcontractor performing
work covered by this Contract from claims for damage for personal injury,
including accidental death, as well as from claims for property damages
which may arise Croln operations under this Contract, whether such
operations be by himself or by any Subcontractors or by anyone directly or
indirectly employed by either of them. The CONTRACTOR shall also
provide and maintain during the life of this Contract insurance that will
indemnify and hold harmless the OWNER, and the OWNER's agents and
employees from and against all claims, costs, expenses, including attorney's
fees and damages arising out of or resulting from the performance of the
work, injury or conduct, want of care or skill, negligence and patent
infringment providing that any such claim, damage, loss or expenses (a) is
attributable to bodily injury, sickness, disease or death, or to injury to or
desctriction of property (other that the work itselO, including the loss of
use resulting therefrom and (b) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any Subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified . hereunder. The obligation of the
CONTRACTOR under this Paragraph shall not extend to the liability of the
Engineer, his agents or employees arising out of errors or omissions in
maps, drawings, opinions, reports, surveys, change orders, designs or
specifica tions which have been prepared by the Engineer.
c. Insurance shall be provided with a limit of $500,000 for each occurrence in
each of three policies with the OWNER named as additional insureds as
follows:
1. Comprehensive General Liability Insurance, including Products and/or
Completed Operations, Explosion Hazard, Collapse Hazard and
Underground Property Damage Hazard.
2. Comprehensive Auto Liability Insurance.
3. Contractual Liability Insurance. The OWNER shall be named as
additional insureds.
D. In types or classes of work which include, all or in part, buildings or
structures which may be subject to damage ':)y fire, wind or vandalism, the
CONTRACTOR shall take out and maintain, during the life of this
Contract, wha t is known as ''Builder's Risk Insurance", covering fire, wind,
extended coverage and vandalism, in an amount equal to one hundred
percent (10096) of the Contract price pertaining to such building or
structure, or buildings or structures.
E.
Before starting the work, the CONTRACTOR will file with the OWNER
and the OWNER's Engineer certificates of such insurance, acceptable to
the OWNER. These certificates shall contain a provision that the coverage
afforded under the policies will not be cancelled or materially changed
until at least 30 days prior to written notice has been given to the OWNER
and the OWNER's Engineer. The Certificate of Insurance form is hereto
attached.
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CERTIFICA TE
(Sample)
STATE OF FLORIDA )
S5
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Boarq of Directors of Continental
Construction Co., Inc. , a corporation under the laws of the State of
Tenn. , held on Feb. 6, , 19~ the following resolution was duly passed and
adopted:
"RESOLVED, that Joe B. McGaugh , as
President of the corporation, be and he is
hereby authorized to execute the Contract dated
J an . 1 7 , t 19a.2., between Monroe Coun ty, 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 WI-IEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this~hctay of Feb. . 19~?
~w~
Secretary
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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: Board of County Commissioners
Monroe County, Florida
Party of th~ ~i?t ~art ,
R )~~/V By: #~R/4
Attorney for Monroe County, Florida Chairman
A ttes~ANNX ;r... KOLHAGE, Clerk
~...L~ ~/L~J<P~seal}
Clerk of the Board of County Commissioners
Signed, Sealed and Witnessed in the
presence of:* *
Continental Construction Company. Inc.
Party of the Second Part
By:
Joe B. McGaugh
President
Title
Attest:
l~a:=t
(Seal)
(*) 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.
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PERFORMi\NCE BOND
STATE OF FLORIDA
S5
COUNTY OF
KNOW ALL l\1EN BY THESE PRESENTS that Continental Construction
Company. Inc. as Principal, hereinafter called Contractor, and
Reliance Insurance Conloanv as Surety, hereinafter
called Surety, are held and firmly bound llnto Monroe County, Florida as Obligee,
Une Hundred Sixteen Thousand
hereinaftercalledOwner,intheamountof Onp HIJnrlrprl Fifty Five & No/IOO
Dollars ($. 116. 155 . 00 ) for the payrnent whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
\VHEIlEAS, Contractor has by written agreement dated
entered into a Contract with Owner for:
l::J.J
, 19~
.1\SI-I CONVEYOR SYSTEM REPLl\CEMENT
FOR CUDJOE KEY, LONG KEY AND KEY LARGO
SOLID WASTE LANDFILL SITES
M UNICIP AL SERVICE DISTRICT
MONROE COUNTY, FLORIDA
in accordance with the approved Shop Drawings prepared by Tramco, Inc., which
Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, TI-IEREFORE, THE CONOrrIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall in all respects profnptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall indemni fy
the Owner and the Consulting Engineer and save either or all of thern harrnless 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 terrns and
cond i tion s:
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
cornpletion 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 darnnges,
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.
B. And this Bond shall reinain 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
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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 tilne, 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. l\nd 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 accornpanying the
saIne shall in any \vise affect its obligations on this bond, and it does hereby "Naive
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 they have a Best's I{ey
Rating Guide General Policyholder's Rating of n A "and Financial
Category of "Class X "
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IN WITNESS WHEREOF, the above -bounded parties executed this instrument under
their several seals, this "]W day of ~~~lt:\~y 19..i), 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).
PRINCIP AL:
CONTINENTAL CONSTRUCTION COMPANY, INC.
WITNESSES:
( ~~ffix
(Seal
President
Title
5646 Shelby Oaks Drive
Business Address
Memphis, Tennessee 38134
City State
SURETY:
WITNESS:
6A~ ~~
RELIANCE INSURANCE COMPANY
Corporate Surety
Afb-in-:e ~
P.O. Box 171225
Business ~t\ddress
( Affix
(Seal
Memphis, Tennessee 38187-1225
City State
Marsh & McLennan, Inc.
Name of Local Insurance Agency
Page 11
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CERTIFICATES AS TO CORPORA'fE PRINCIPAL
I, . Rodney L. Wai ts
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that Joe B. McGaugh
who signed the said
bond on behalf of the Principal, was then President
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.
w~ W~ Corporate
Secretary Seal
TENNESSEE
STATE OF alX~Rm~ )
5S
COUNTY OF 5 he 1 by )
Before me, a Notary Public, duly com missioned, qualified and acting, personully
appeared J 0 h nO. C row
to me well known, who being by me first duly sworn
upon oath, says that he is the Attorney-in-Fact, for the
Rel iance I!lsurance Company
and that he has been authorized by
Rel iance Insurance Come..~!li_.___ to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
~vlonroe County, Florida. Subscribed and sworn to before me this 6th day of
February
, l~ A.D.
(A ttach Power of i\ ttorney)
\. ,,--d ~-
Notar Public
State of FldrI~YiK~~~ Ten n e s s..e,e _
:~.1y Cornmisslon Expires August 17, 1991
My Co m mission Expires:
EN 0 OF SECTION
Page 12
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RELIANCE IN~UR.A.NCE COMPANY
HEAD OFFICE, PHILAoeLPHIA. PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MeN SY THese PReseNTS. 1'h8t th. RELIANCE INSURANCE COMPANY. I corporltlon duly orglnlzld und... llIe II"'" 01 lh. SIIII 01
PlnnlYlwn... dOn Ilet.oy me.... connitut. Ind .ppoint Ira J. Heckman. Rogers C. Buntin. Craig Smi th, J . Joe
White. Donald E. Williams, Clinton V. Butler, H. Riley Holliday, H. A. Wright, Jr., L. M.
Bryant, Patricia A. Punaro, Michael D. Regan, Pamela G. Garrott and John D. Crow,
individuallY, of. Nashville, Tennessee. .
it. lrue Ind leWh;i A'nomey.,n-FICt. 10 meke. execute..... Ind de"_ tor Ind on Its behalf. Ind IS its ICt Ind deed any and all bonds and
undertakings ot Suretyship,
~ ......~ ._- ......._~
-lI\d 10 bind tile RELIANce INSURANCE COMPANY IhereOY II tu"y Ind 10 lhe IItne extent IS it suCl'l bOnd. Ind undertaklft9llnd olher ""tiling.
Ol:lhgatory in the natura lheteof _e ~igned by In EdCUt.w Ofticw of Ihe RELIANCE INSURANCE COMPANY and s.led Ind IUntec:l Dv one olher
of sucft olfiart. and her.bv ratafi.. ana cont.,."" .... that tts sa.d Attorney(s)-.n.Flct may do in pursuanc. n.reot.
nlls Po_ of AttOtney il ll'lntld under and by luthority at ArtICle VII of Ihe By.l..1"", 01 RELIANCE INSURANCE COMPANY ""'hch beame
.ttect;ve s.pt~ 7. 1978, which prOVISions ,r. now in full force .nd effect. r.ading al foUows:
ARTICLE VII - eXeCUTION OF BONOS ANO UNOERTAKINGS
1. The Bo.tQ of DirectOts. IIle Pr"'dent. llIe Chair~n of lhe B.,.rd. any Seniot ViCII Pr",oent, In'll IIice PrnlClenl or Aulllanl IIie. Pr...oent
~ Other oHic:et deSlllftAted by Ihe Soatd of Directors lhall have ~ Ind luthOtitY to Illlppaint Attorneys-in.Flct end 10 luthMlze Ihem 10 ",ea."
on tleflejf 01 IIle Compeny. bonda and undertakings. rKCgnizanClll. contracts ot indemnitY Ind at"" -UIllCJl otIl;gatory in the nature lherlOt. Ind lbl
to remowe My IUCtI Attotney-tn-Fact .t .ny time and revoke the pOwer Ind authority g.ven to h.m.
2. Attorneys-in-Fact Shall h_ PG- Ind luthomy. SUbllet 10 Ihe terms Ind limltltlons at lhe ~ at IttMney tAUed 10 Ihem, 10 ..ea."
Ind del iver on behalf of Ih. Com..ny. bonds and undettlkings. recallnizane.l. coni nacts of Indemnity Ind othet _uinlll OOligalory In "" "elure I hereot .
The COtpOrate IeII il not neeeaary tOt tile YIIidity at In'll bondl Ind undertlklngs. rK09nozanClll. COnl/.actl of .nclem'''ty IIId otller _'"ngl otll;gator~
an tft. MIU,.. I"'reol.
3. Attorneya..n-Flct Shall haw PG- ..,0 authority 10 exea.te Ittidav,u required 10 be attlCl'lId 10 bondi, rlC09nounces, conlracrs 01 ,,,oem-
n'ty or other CIOndltlOnet Ot oI:IligatOty undertakl"SS Ind they Ihal/ e'lO haw PG_r Ind authorilY 10 Cllft/ty lhe fineno., IUtemenl of Ihe ComlWn~ Ind
to c:o~ 0' the 8v-uWI ot t.... Compeny OIlny at't.d. or section thereo'.
Th.. POW. of InorneV is IllIned and -led by tacaim"e under Ind by authotlty at Ihe followlnQ ResolutIOn Ido,:nea by lhe aoard ot Directors o'
RELIANCE INSURANCE COMPANY It I '""tll'1l h,'d on lhe 5th day of Jun.. 1979, It wh.dl I quotum _I lIt..ent, and illiG Aeso....C1on 11.1 nOI be""
I~ or repq,ec2:
"Reso'~.tnal the slgnatura 01 such directors ~nd officers ~nd the seal of the Com~ny may ~ ,Uixed to ~ny such pOwer of
attorney 01 any cwtaficate '''.tlng thereto by t.csimile. and any such power ot attorney or certificate r.ar.nCJ suen fICS""".
s'9f'.,ur.. or '4ICS.,"". sa. $na" be vaHa .110 binCllng upOn the Compeny ana any sucn pOwer so .xecuted and cent'lecs bv
faalm,'e lI~cur.. and fac:sim". sea' snau be valid and blnaing upOn Ihe Company In the 'uture with respect to .ny bOnd Of
undwtakll't tQ wfttCh it al.ttacned:'
IN WITNESS WHEREOF. rhe RELIANCE INSURANCe COMPANY has caused th.. presents to be Signed by i
be herltO Ittixld. Ihil 23rd dayof August 1985 ' /1
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ST A rE OF
COUNTY OF
Pennsylvania
Philadelphia
23rd
} II,
On tn.,
aay ot
August
. 1 rjJ 5 . p.rso~a"y appeared
Raymond MacNeil
to me known to De the IIic.PtlSldent at Ihe RELIANCe INSURANCE COMPANY. Ind acknOWlea9lCl Ihlt "e exeeutlO and IneSlId IlIe for~olnQ
,nmutnent and Itfixld the seal 0' Slid corporation Iheteto. Ind Ihll A rllcle II II. See lion 1. ~ and J at Ih. B y-l. .IWI 0 t MoO COl"!1lAl1V 1nc2 Ih. ~ &'1O'u-
lion. .t 'anh tn...n. ire stl" in full torc.. . / / (..<.:- ,t---
/- . ~ -' / I ,
r:yCo~2: e~w.: . 1986 {~~~~} ::~:~':'In-~;~:rl::::~hia~~~~;~~~~a
I. James F. Marckstein . AsSISlant Sacnrt.w~ot Ihe REI.IANCE INSURANCE COMPANY. do lIereDV otrt,fy Ih". I". "D\)~e
Ind tortQo).ng II I Irue Ind correct copy (It I Po_ of Anorne~lIi1t-~,~'d AELJANCE INSURANCE COMPANY. whu:n IS H," ,n Iwtl 'ora tlt\cJ
"t ect . ;;, ~y-::-....., '"
~y ~ '~?t,\
IN WITNESS WHEREOF, I lIaw lleteunlO lit my hind and Itf~o t~~~~~\~f J?ff Com",nv Ihls
80A-1431 eel. ling \~~~t~;;;/ AUlnlnt Secret....y
~v'O,
19
,"- .-
I .
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. r
PA YMEN'r BOND
STATE OF FLORIDA
55
COUNTY OF
!{NOW ALL MEN BY THESE PRESENTS that Continental Construction
Company.. Inc. as Principal, hereinafter called Contractor, and
Rel iance Insurance Company as Surety, hereinafter
called Surety, are held and firmly bound unto l\1onroe County, Florida as Obligee,
One Hundred SlxLeen Ihousand
hereinafter called Owner, in the amoulJt of One Hundred Fi fty Fi ve & NO/100
Dollars ($ 116,155.00 ) for the pay'nent whereof
Contractor and Surety bind themselves, their heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
\\lHEREAS, Contractor has by \vritten agreement dated
entered into a Contract with Owner for:
\ - \-,
, 19ft,
ASH CONVEYOR SYSTEM REPLACEMENT
FOR CUDJOE KEY, LONG KEY AND KEY L..~RGO
SOLID WASTE LANDFILL SITES
MUNICIPAL SERVICE DISTRICT
MONROE COUNTY, FLORIDA
in accordance with the approved Shop Dra\vings prepared by Tramco, Inc., which
Contract is by reference made a part hereof and is hereinafter referred to as the
Contract.
NOW, TIIEI{EI~OI~E, THE CONDITIONS OF THIS OBLIGi\TION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelov\f defined,
then this obligation shall be void; otherwise, this Bond shall remain in full force and
effect, subject to the following terrns and conditions:
A. A clairnant is defined as any person supplying the Principal \vith 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 clairnant, 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
su i t.
c. No suit or action shall be corn menced hereunder by any claimant:
Page 13
22-506.70
1. Unless claimant, other than' one having a direct contract with the Principal,
shall within forty-five (45) days after beginning to furnish labor, lnaterials or
supplies for the prosecution of the work, furnish the Principal with a notice
tha t he in tends 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 \vritten
notice of the performance of such labor or delivery of such material and sup-
plies and the nonpayment therefor.
3. A fter the expira tion of one (1) year from the per for mance 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 perrnitted 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
ma terials furnished for any work included in or provided by said Con tract.
E. The Surety, for value received, hereby stipula tes and agrees tha t 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 they have a Best's Key
Rating Guide General POlicyholder's rating of "A ., and Financial
Ca tegory 0 f "Class X "
Page 14
22-506.70
~
IN WITNESS \\THEREOF, the above bounded parties executed this instrument under
their several seals, this In day of fui2.0A-~\( 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.
~VITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIP AL:
CONTINENTAL CONSTRUCTION COMPANY, INC.
WITNESSES:
( Affix
(Seal
President
Title
5646 Shelby Oaks Drive
Business Address
Memphis, Tennessee 38134
City State
SURETY:
WITNESS:
~ Ja%'
( Affix
row (Seal
P.O. Box 171225
Business .-\ddress
Memphis, Tennessee 38187-1225
City State
Marsh & McLennan, Inc.
Name of Local Insurance Agency
Page 15
22-506.70
i
i
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~-
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CERTIFICATES l\S TO CORPORATE PRINCIPAL
I, Rodney L. Wai ts
, certify that I am the Secretary of the Corporation
named as Principal in the within bond; that Joe B. McGaugh
who signed the said
bond on behalf of the Principal, was then President
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.
~~ ~
secretar~~~
Corporate
Seal
TENNESSEE
STATE OF ~~~JlX~l )
S5
COUNTY OF Shel by )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared
John D. Crow
to me well kn.own, who being by me first duly sworn
upon oath, says that he is the A ttorney-in-Fact, for the
Reliance Insurance Company
and that he has been authorized by Rel iance Insurance Company
to
execute the foregoing bond on behalf of the Contractor named therein in favor of the
Monroe County, Florida.
(/\ ttach Power of Attorney)
Subscribed and sworn to before me this 6 t h day of Fe b r u a r y
~ "CfJ ~---
Notary ublic
S ta te of )fX~<<a<-18X *fiar~>> Ten n e sse e
My com~Yls~qptiP~i~s~xpire~AUililt r#, la~l
, 19~ A.D.
EN D OF SECTION
Page 16
22-506.70
RELIANCE INSVRANcE COMPANY
HEAD OFFICE. PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the St.ate ot
PwlnlVl...n~, does hereby make, constitute and appoint Ira J. Heckman ~ Rogers C. Buntin ~ Craig Smith, J . Joe
White, Donald E. Williams, Clinton V.Butler, H. Riley HOlliday, H. A. Wright, Jr., L. M.
Bryant, Pa'tricia A. Punaro, Michael D. Regan, Pamela G. Garrott and John D. Crow,
indi viduallv, of Nashville, Tennessee
its true and lawful A'ttomey-in-Fact, to make, execute, seal and deliver for and on its behalf, and as its aet and deed any and all bonds and
undertakings of SuretYShip,
-..if to bind the RELIANCE INSURANCE COMPANY thereby as tully and to the same extent as if such bonds and undertakings and other writIngs
obligatory in the nature thereof were ~igned by an Executive Officer of the RELIANCE INSURANCe COMPANY and seated and anested by one otner
of such olfiQrs. and hereby ratifies and confirms .... th.t its said Attorney(s)-in-Fact may do in pursuance hereot.
This Power of Attornev is granted under and by authority of ArtiCle VII of the By-Laws of RELIANCE INSURANCE COMPANY which became
effective September 7, 1978, which Pf'ovtsions are now in full force and effect, reading as follows:
ARTICLE VII - eXECUTION OF BONOS AND UNDERTAKINGS
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President
or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys-tn-Fact and to authorIze them to execute
on behalf 01 the Company. bonds and undertakings, reccgnizances, contracts of indemnity and other writings ob';gatory in the nature tn.reot, and (b)
to remove .ny such Attorney-In-Fact at any time and revoke the power and authority gl~n to him.
2. Attorneys-in-Fact shall haw power and authority. subject to the terms and limitations ot the power ot attorney issued to them, to execute
and detiver on behalf of the Com~ny, bonds ana undertakings, recognizances. contracts of indemnity and other writings Obligatory in tne nature thereat.
The corllO...te seal is not neanu,y for the V11lidiry of any bonds and undertakings, 'IIC09nizances, contracts of indemnity and othe, Wlltings obligatory
in the nature thereof.
3. Attorneys-i~FaC1 sn.1I h.~ QOwer and authority to execute affidavits required to bf! anached to bonds, recognizances, contracts ofindem-
nitv or other GOnchtiona' or obtigatorv undertaki~ and they shaH also have pOwer and authority to certify the financa.' statement of the Company and
to capies of the By-Laws of the Company or any attice or section thereot.
This POw" ot attorney is signed and sealed by facsimile und8f' and by authority of the foUowing Resolution adOQted bv the Soard 01 Directors of
RELIANCE INSURANCe COMPANY at a meeting hefd on the 5th day of June, 1979, at which a quorum..ws present, and saies ResOlution has not been
amended or repealed:
" Resoived. that the signatures of such directors and officers and the seal of the Company may be atfixed to any such pOwer at
attorney or any certificate '''.ting thereto by facsimile, and any such power ot attorney or certificate bearing such faCSimile
signatur.. or facsimil. sa' sha" be veUd and binding upOn the Compeny and any such pOwer so executed and certified by
facsimile sign.tures and facsimde sal shan be vaHd and binding upon the Company In the future with resC)ect to any bond or
undertaking to wt'llch it is attaChed:'
IN WITNESS WHEREOF, the RELIANCE INSURANCe COMPANY has caused these presents to be signed by i
be hereto affixed, this 23rd day of August 1985 . /1
<~.-:--~~ e ~NSUA
~:."'.~- ..... :'.~ ~ , j'
I;~[~.:~~ ~ . ~~\ ~
,,'- ~ ~ . L---7
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~~ J._~": ,<-(.::.. ,'~~.
,~0
a. to
STATE OF
COUNTY OF
Pennsylvania
Philadelphia
. 23rd day of
} U.
On th is
August
. 1 g8 5 . perso~aUv appeared
Raymond Mac~reil
to me known to be the Vice-President of the RELJANCE INSURANCE COMPANY, and acknowledged that he executed and attested the fore<10lng
instrument and affix ed tne seal of said cOrporation thereto, and that A rtiele V II. Section 1. 3- and J of the 8 y - La",!s, 0 f said CO'!1P3ny and the R eso Iu.
tlon, set forth tn.rein, are still in full force. . / / (J<-;- ,r--
/- ..-. I
My Commission Expires:. ,," ".. -;---<. $--) ,: .I' t.' .J . " L;; . (,' ;.. h !...~ '- ~ ~ '-
t-1a.y 24 ' 19 86 {t~i'} Notary Puolie in and for State of ?enns~l vania
~.. \:.. ~.'\',\.) ..-;0 ReSiding at Philadelphia
' f,;';'f~~ \ IJ:. ~....
I, ,James F. Marckstein , AUlstanr ~Of the RELIANCE INSURANCE COMPANY, do hereey certify that [lte oibo"e
and foregoIng .s a true and correct copy of a Power of Attorne ....~.. ~~,Id RELJANCE INSURANCE COMPANY. whIch IS st.H In full fora ana
effect. '1~~~':""'..":;\
//.~ I ~ \. ',-,
IN WITNESS WHEREOF, I have hereunto Set my hand and af~ir .t~~1il\~f ~ Company thIS . d.1.,..o~
BOA-14:11 Ed. 5/79 \~~;~g$ Assistant Secretary.' - /-".- --' '- 4
19
"
\
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CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TIiAT THE USF&G *
Insurance Company
c/o Marsh & McLennan, Inc.
Addre~ P.O. Box 171225, Memphis, TN 38187/1225
of Memphis, TN
has issued policies of insurance, as described below and identified by a policy number, -to
the insured named below; and to certify that such policies are in full Coree and effect at
this time. It is agreed that none of these policies will be cancelled or changed so as to
affect the interest(s) of the Monroe County (hereinafter
sometimes called the Owner) until thirty (30) days after written notice or such
cancellation or change has been delivered to the Owner's Architect/Engineer; Post,
Buckley, Schuh & Jernigan, Inc.
Insured Continental Construction Co., Inc.
Address 5646 Shelby Oaks Drive, Memphis, TN
38134
Status of Insured ~ Corporation _ Partnership
Individual
Location of Operations Insured
Description of Work
Ash Conveyor System Replacement for Cudjoe Key, Long Key and
INS~R~Jcf~t){:ic}~SQI:~bTR~~.andfill, S~;~io:ng~~~~~~ ;!~;t~: D1 Rtrict
Various
Forms of Coverage
Policy Number
Expiration Date
· Worker's Compensation/Employers' Liability 4303308889
1MP077556941
10/1/89
10/1/89
10/1/89
10/1/89
10/1/89
10/1/89
IMP077556941
1MP077556941
PR08414745
IM78722158
1. Additional Insured: The Owner (Gen. Liab. Policy)
2. · Liability under the United States Longshoremen's and
Harbor \Vorkers' Compensation Act.
3. +AIl owned, hired, or nonowned automotive equipment
used in connection with work done for the Owner.
YES
X
NO
X
x
*Coverage for the installation floater is provided by The Glens Falls
Insurance Company
Page 17
22-506.70
IPOLICY INCLUDES COVERAGE FOR:- (Continued)
4. ODamage caused by explosion, collapse or structural
injury, and damage to underground utilities.
5. Products/Completed Operations
6. Owners and Contractors Protective Liability
7. Liability assumed in the Contract
8. Personal Injury Liabili ty
9. +Excess Liability applies excess of:
fa) Employers' Liability
(b) Comprehensive General Liability
(c) Comprehensive Automobile Liability
(d) Contractual Liability
FORM OF COVERAGE
LIMITS OF LIABILITY
80DIL Y INJUR Y
PROPERTY DAMAGE
Worker's Compensation _ Statutory XXXXXXXXXXXX
$500,000 Disease Ea. Ernp. $500,000 Disease
Employers' Liability $ 500 I 000 Each Accident XXXXXXXXXXXXXXXLimi t
Co mprehensive
General Liability
Comprehensive Each occurrence-
Automobile Liability $ I, 000, 000 Combined Single Limit BI/PD
$2,000,000 Gen.Agg. $2,000,000 Prducts/Comp. Ops. Aggre-
Each occurrence- ga te
Combined Single Limit BI/PO
$ "1,000,000
Contractual
Liability
$ Included above
Excess Liability
$ 4,000,000
Each occurrence-
Combined Single Limit BI/PD
Other (please
specify type)
Installation Floater
Policy
$500,000 Any One Occurrence
The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of
the above policies to the Owner's Architect/Engineer when so requested.
NOTE:Entries on this certificate are limited to the Authorized Agent or Insurance
Company Representative.
Date 2/6/89
(SEAL) USF&G
Insurance Company
&~
Authorized Representative
Issued at Memphis, TN
Insurance Agent or Company
- Send original and one copy to:
Post, Buckley, Schuh & Jernigan, Inc.
8600 N. \V. 36th Street
Miami, Florida 33166-6622
END OF SECTION
Page 18
22-506.70
This Certificate is issued as a matter of information only and
confers no rights upon the certificate holder. This certificate does
not amend, extend or alter the coverage afforded by the policies above.
-(
OKYv~rY ~R~~3~~E
1305) 2944641
Municipal Service District
Wing II-B
Public Service Bldg.
Key West, FL 33040
December 22, 1988
Marsh & McLennan, Inc.
P.O. Box 171225
Memphis, TN 38187-1225
Dear Gentlemen:
,
~~
--- ~
-----'-~. ,........ j
~,--- . ~
r- ----
. .r ".....,-=--
~
BOARD OF COUNTY COMMISSIONERS
Wilhelmina Harvey, District 1
Mayor Pro tern Gene Lytton, District r
Douglas Jones, District 3
MAYOR Mike Puto, District 4
John Stormont, District 5
Please be advised that the certific~te holder's name is incorrect. The correct
name should be Monroe County Municipal Service District. Please provide this
office with a corrected certificate.
erely, ~J~
ames w. B~~~n'~r
Municipal Service District
JWB/slm
..~
. . _....-~::T '. ~
. . .
~ut.i"~~\~~j': tf :.r::;~fr;" 'RECEIVED DEC~{~,;j';"">~~"$,
~.~.. ,~ ::. ,',,:- .~:~,~~,~:t:t~,;~~~. ~:tl.~~ ';i:~/j~(;:,~;,;~J{ 9 ..:~:~~jf~
PRODUCER
o
MARSH ~ MCLENNAN, INCA
P.O. BOX 171225
MEMPHIS, TN 38187/1225
Continental Construction
Company, Inc. ETAL
5646 Shelby Oaks Drive
Melllp h is
TN 38134
, r, . :
JSSUi: DArE \ \.... L~_'
l
12/16/88
. !'
THIS (:ERT!FIC;~TE IS ISSUED /\S A MATTER OF INFORMATION ONLY AND CONFERS
JO F:G:-n:'"; ui)Gi'J THE CERTIr-ICi\TE HOLOE;{ THIS CERT!F!CATE DOES NOT Ar.1END.
r:XTE~JD o.~ ALTER THE COVERAGE AFFORDED BY THE POLICIES BE LO\iV.
I ,,""
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<:C~JJPANIES AFFORDIi\JG COVERAGE
. "\
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GREAT AMERICAN INSA CO.
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THIS IS TO CERTIFY THAT POLICIES OF INSURANCE L1ST::D BELO',,"I HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CGNTRACT OR OTHER DOCUMENT \VITH RESPECT TO \^JHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOR:>ED BY THE POLICiES DESCRIBED HEREin IS SUBJECT 70 ALL THE TERMS. EXCLUSIONS. AND
CONDITIONS OF SUCH POLICIES.
TYPE OF INSURANCE
?OUC\ . ~U~v~SER
GENERAL LIABILITY
A X C~'MEnCIAL GENERAL UABIUTY
_ ~':':\4S ~~ADE ~':;CCUf~r~:::\;C[
C'..r'~ERS & CONTRACTORS PROTECTIVE
1 MF'077556941
1 MF'077556941
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
\lON-OvVNED AUTOS
F'R08414745
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
4303308889
OTHER
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2000 ~~'~
~~ ~: :~~
1000 ~
50 :~
~.'4~E '.'~.~, [~J ~.'~'l
AL~ ~i\;ITS IN THOUSANDS
i . ;. - ~ .
0/01,'88 .10/01 /89 i'~
I I
s
s
s
s
s
s
,
1 000;
. ./.
I I
110/01/88 11 0/01 /89
! I
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s
,i'.'.'. it: S
,
110/01 /88
/1 0/01 /88
i
i10/01/89
I
s
s
4000
4000
I '
11 0/01 /89
STATUTORY
S
~300
500
500
,!:ACH .\l' ;:!:)E~ Tl
s
s
'[,!3EASE-PC;..C' ~:'...-,
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DE~cnIPTlON OF OPERATIONS; LuCATIONSI VEHICLES; RESTRICTIQ~ JS S;:L C!.\L -:. :~) ~1
t'~
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Re: Equipment Installation H
u~"
'~.'~~~~~~~~~~2i~~
Municipal Service Distribution
Jr. College Rd.
Public Service Bldg./Wing 2-B
Key West, FL 33040
Atten: Jim Baker
SHOULD ANY OF THE AROVE DESCBIBED POLICIES BE CANCELLED BEFORE k.
THE EYWATION DATE THEREOF. THE ISSUING CO~1PANY WILL ENDEAVOR TO k..
MAIL ~ DAYS WfllTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE r
LEfT BUT FAILURE TO MAIL SUCH UOTICE SHALL IMPOSE NO OBLIGATION l
OR LIABILITY OF ANY KIND UPON TI iE COMPANY. ITS AGENTS OR REPRESENTATIVES. { .".
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AUIIIL'!;I:...l :1"LSErJIAli~E W ~~100910 ~
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