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04/12/1990 AgreementCONTRACT THIS AGREEMENT, made and entered into this 12th day of April, 1990, A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and D-N-G, Incorporated, 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 The Contractor shall furnish all permits and permit fees; labor, materials, equipment, machinery, tools, apparatus, transportation and dump fees; and perform .� all of the work described in the attached Proposal c. dated March 1, 1990 for: c.. SECURITY WINDOWS MONROE COUNTY JAIL 500 WHITEHEAD STREET KEY WEST MONROE COUNTY, FLORIDA and shall do everything required by this Contract and 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, as follows: B. Based upon the price shown in the Proposal Number 1157 dated March 1, 1990 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 Nine thousand dollars ($9,000.00) 1.03 COMMENCEMENT AND COMPLETION OF WORK A. The Contractor shall commence work within 10 calendar days after date of Notice to Proceed. B. The Contractor shall prosecute the work with faithful- ness and diligence and shall complete the work not later than forty-five (45) calendar days after date of Notice to Proceed. 1 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All 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. 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 Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. It is understood and agreed that the passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, 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 the Contract 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 materi- al, are found to be defective or to fail in any way to comply with this Contract or with the 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. 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 Specifications. E 1.05 1.06 1.07 A. LIQUIDATED DAMAGES A-. It is mutually agreed time is of the essence of this Contract and should the Contractor fail to complete the emergency repairs 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 Fifty Dollars ($50.00) per calendar day as fixed, calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day scheduled for production. PARTIAL AND FINAL PAYMENTS In accordance set forth in the Proposal, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: One payment of one -hundred percent (100%) of contract amount upon successful completion of installation and acceptance of the work. CONTRACT DOCUMENTS The Contract Documents attached hereto, are as fully a part of this Contract as if herein repeated. K, IN WITNESS WHEREOF the parties hereto have executed this Agreement on the�day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract* Cor�o�ation Party ofAV Fir t Part AAV?0M4Sr0pQW By: AND LEGAL SuM By Attest]E)ANYyy I,, KOIZAC CQerk Attomsy's s ,(Seal) Signed, Sealed and Witnessed in the presence of:** �.��. gs:�� - - ' - =.A"51�--'-XMM.1RAIC% 1W Party f the Sec nd Part By: (2, R 7-) \ ly", Q r Title Attest: (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. 4 SI All ► FL 11W It IA niy.11III I'lll Of pr Of I'S 911111.1 l\Yaalallpil tL..LT�.0 L ,;i'<'t a.1CT??> L 1 C 1'If J.JTL ED TI A L C0' T= ;CT0 �I I'\ICI It "1'Iff: I'ftt)1'i�iE)\R E)I•, C'l1. 1,11.!t '•. !'r�l; j 1 )'I': A I i NXIll IiIN(I �'!'�t. '.I:i 1 (.•.;,'T .T ALL LOCAL CG•r=T� jCY TJ C;:' 7kr,CT: :t. Y ,. A °I i '3 I N�r`k4.iDcZr 1 ;T;'�10 !' i` '3 aTLA.'VTIC LVu. , K W Y BEST FL 331-,�,� �3 A '9 LL f, DISPEAV IN A CONSPiCvU�� P,aCE �I ATE DEPARTMENT OFTPROF OFESSI1DA ONAL REGULATION CONSTZUCTIGN INDUSTRY LICENSING BOARD 05/24/89 1 RG 0026605 THE REGISTF_R_D GENERAL CONTRACTCP. 11493 NAMED BELOW HAS RFGISTFRcD UNDER THE '12OVISIONS OF CHAPTER 4 c 9 F S . FOR 'HE YEAR EXPIRING JUNE 30. 1991 (MUST ME zT eLL LOCAL LICENSING REQUIZcMEhTS PRIOR TO CONTRACTING IN ANY AREA) HERNANDEZ, ANTONIO u—V—S INC 3314 NORTHSIDE DR STE 11A KEY WEST FL 33040 BOB A TINEZ ! GOVERNOR DISPLAY IN A CONSPICUOUS PLACEJ'.z EZ SECRETARY, D.P.R. STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION CONSTRUCTICN INDUSTRY LICENSINE HOARD 05/24/,�z > RF UO 425 THE REGISTERED PLUMBING LONTIRACTOR NAMED BELOW HAS REGIST_REO UNDER THE PRO 11535 EXPIRING JUN VI30, 1 1�1CH(MUST MEFTER TSALL LOCAL OR THE LICENSINGR REUIREMENTS PRIOR TO CONTRACTING IN ANY AREA) H_RNANDEZ. ANTONIO D—N—G INC 3314 NORTHSIDE DR SUIT; #16—A K'Y WEST FL 33040 COUNTY OCCUPATIONAL LICENSE 1 9 8 9 -1 9 9 U MONROE �TEMd STATSIi F FL05►�U THIS LICENSE EXPIRES S C SU 3u1-11 S-14 NUARIF9 OF EMPLUYEES: 10 ENTE4 CURRENT NbR OF EMPLOYEES HERE: _ STATE CERTIFICATE NUMBER � ' NAwQY F. KNIGHT.CFC TAX COLLECTOR 294-8403 P.O.r)UX 1129 KEY ►TEST. FL SSO41-1129 PLEASE SEE BACK OF FORM THE A•IOVIE LICENSEE IS HEREBY LICiwSf:O TO ENGAGE IN THE BUSINESS PuuEESSION OR OCCUPATION OF fiENEkwL CONTRACTOR 6C 200A ACC OiJN T NUMdEk IS O4688 K 10/02/89 LOCATION` LANTI_08i&0V6 ***PAID*HARRY F-41116*� TAX COST AND PENALTY TRANSFER FEE TOTAL DUE 1 d_ 00 D-N-6- INC DBA DAVID ELECTRIC HERNANDEZ LUPE PRES TONY H':RNANOEZ VP 11C3 ATLANTIC 3LVD K Y WEST FL 35040 THIS FORM BECOMES A RECEIPT ONL • wwEN VAL,DATED BY RECEiPTING iq*OC*12*oMACHINE H"v* DATE AND AMOUNT PAID. r _ C t Pt T I F I &; A T E QJ} Wlt"IGMUST SE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS © COUNTY OCCUPATIONAL LICENSE 1989-1990 MOMR05 COUNTY -STATE OF FLORIDA TAX THIS LICENSE EX IRES SEPTEMBER No 1990 COST AND 3U1-11.2-12 NUMOkk-OF EMPLOYEES: ENTER CU94ENT NSR OF EMPLOYEES HERE: _ STATE CERTIFICATE NUMBER a �' N,%,duY F. KNI6HT.CFC TAX COLLECTO9 294-8403 P.O_d%�X 11t9 KEY OFST. FL 11041-1129 PENALTY TRANSFER FEE TOTAL DUE PLEASE SEE BACK OF FORM O-N-4 INC DBA DAVID ELECTRIC THE AoOVt LICENSEE IS HEREBY HERNANDEZ LUPE PRIES LICF.NSI:D TO ENGAGE IN THE BUSINESS HERNANDEZ TJNY V P PkuFtSSION OR UCCUPATION_OF 1803 ATLANTIC 3LVD. P6 LUINdINCONTRACTOR PC 3a9 KEY WEST FL 304-7 ;y,�,A ACC UUUl&rI*fl0 I S ®�3 1 $ PK 10/02/89 T-IS FORM BECOMES �A /R�E�CEIPT ONLY AHEN VALIDATED BY RECE.PT.NG 19*0C*12W VVV(ft7 VA. T'ON NUMBER DATE AND AMOUNT PAID cPAID*HIAAQ�YAri ^�"'f 03 ATLAANTTIC dtVD C E li TI F I C A T E R ff►OU"14 MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS COUNTY OCCUPATIONAL LICENSE 1989-1 9y0 M 0 N R O F_ COUNTY -STATE OF FLORIDA TAX THIS LICENSE EXPIRES S c f T EM 6 E-i 30. 1990 COST AND Sul-11-1 S NUMHtk OF EMPLOYEES: PENALTY ENTER CUkRiNT NBR OF EMPLOYEES HERE: TRANSFER FEE STATE CERTIFICATE NUMBER T,"'� o"�'' HARRY F. KNI6HT.CFC TAX COLLECTOR 294-8403 P_V.d11X 1129 KEY WIEST, FL 33041-1129 PLEASE SEE BACK OF FORM THE AdUViE ClCiNSEE IS HEREBY LICENSED TO ENGAGE IN THE BUSINESS PKOFESSIUN Ust OCCUPATION OF 4. ELcCINICAI. CONTRACTOR EC 108 ,**PAID*HARRY F.KNIGHT*** 18.00 CK 10/02/89 ACCOUNT NUMBER IS 00267 LUCATIUN: lAUS ATLANTIC dLVD TOTAL DUE 18.00 D-N-G INC 08A DAVID ELECTRIC HERNANDEZ LUPE PRIES TONY NERNANDEZ V P I iC3 ATLANTIC 3LVD .Y ,:yCY1Y WEST FL 33040 19*OC�MAC NE� OhLr :. E DATED BY RECEIPT., M I G T C I N NUMBER DATE AND AMOUNT PA,C CERTIFICATE R PVUlf"IDMUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS . ,or_, WEST INSURANCE INC. FLAGLE-R AVENUE WEST F"L- 33040 INSURED AVID ELECTRICAL ONTRACTORS - D-•14I 6 INC. 314 NOIiTIISIDE DR. 016f.) EY WEST, FL 33040 QUENEWISSUE.DATE (MIWOD/YY) 08/28/89 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 BELOW. COMPANIES AFFORDING COVERAGE COMPANY A C:ASU6L I Y INDEMNITY EXCHONGE LETTER COMPANY LETTER B COMPANY C O LETTER COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E INSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. POL'.CY U;E71 E LIABILITY U611TS IN THOUSANDS TYPE OF INSURANCE POLICY NUMBER C„tE .'A DO, = r— EEC '4ZURAENCE AGGREGATE GENERAL LIABILITY G L 0 ;S 14 0 9 / 10 / 89 0 9 / 1. 0 / 9 0 1 BOv COMPREHENSIVE FORM v"v s $ PREMISESIOPERATIONS LMRMND I PROPERTY I EXPLOSION COLLAPSE HAZARD I GAMAGE Q $ PIIOOUCTS/COMPLETED OPERATIONS CONTRACTUAL I Q 0 $ 301 POEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE — -- - - - PERSONAL INJURY I PEPSCI4AL INJURY $ I AUTOMOBILE LIABILITY — — -- ----- ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (OTHER THAN HIV. PASS. FIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIA8NJTY OTHER IESCRIPTION OF OPERATIONSILOCATFONSNEHICLES/SPECIAL ITEMS LECTRICAL CONTRACTOR 19 MONROE COUNTY BLDG DEFT 5825 JR . COLI._EGI_ ROAD STOCK ISLAND KEY WEST, FL. :3:3040 $ _4CH ACCIDENT) DiSEASE•POLICY LIMIT) C SEASE-EACH EMPLOYEE) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRAT.f� DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AE NTS OR REPRESENTATIVES. AUT REPRESENTATIVE V� �TR F CERTIFATE OF INSURANCE . -- -— ��rRltLaIUE(MMIDgryY) 03/13/90 THISCERI E IBSUED AS A MATTER OF BIFORNMON ONLY'AND CONFERS NO iORIo-RS RKIIHT S UPON THE. CERTIFICATE' HOLDER: THIS CERTIFICATE DOES NOT AMEND, M �F TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER 469 ATTENTION CERTIFICATE HOLDER: If you have any ny questions, THE PORTER ALLEN CO. INC. 513 S O U T H A R U S T R E E T PleMCOntWKATHY YOUSSE at1-800-226.32M4, 2601 Cattlemen Road, Sarasota, FL 34232 KEY NEST. FL 3JO40 0000 COMPANIES AFFORDING COVERAGE INSURED JAVIU ELECTRIC Company Lotter A FCCUSELF INSURERS FUND Company Letter B: 3314 NORTHS IDE UR SU 1Tc. 10—A NCY NEST* FL 33040 0000 Company Letter C: THIS 18 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERWD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER'D11N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. 00 LTRTYPE IN INSURANCE POLICY NUMBER POLM EFFECTIVE DATE (UM/DD/YY) POLLY EXPIRATION ME (K4M ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCURRENCE OWMI It OONTRACIORS PROTECTIVE GENERAL AtiGRBiATE i PRODUCISOOMROPS AGGREGATE i PERSONAL & ADVERTISING INJIM $ EACH OCCURRENCE i RRE DAMAGE (ANY ONE RRE) is MEDICAL EIMM (ANY ONE PERSON) IS AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AlITO3 _ ._.(PERM DOW PER i HIRED AUTOS NON -OWNED AUTOS DOW NJURY Mom, $ GARAGE LIABILITY PROPERry DAMAGE i EXCESS LIABILITY EACH OCCURRENCE AGGREGATE OTHER THAN UMBRELLA FORM i i A WORKERS' COMPENSATION STATUTORY MID (EACH ACCIDENT) s is 0 PISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY i 1 u Q (DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMSC ,� A• O A V I O -zL- C T R I C A U N R G c L J U N T Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUEING COMPANY WILL ENDEAVOR TO SEND .j :1 I L J I ; 4 v :. !. J N I T 1 U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, I N %i L L S TU C:C I „L +N L) BUT FAIWRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILTTY c il .v E; T, FL a 3 v 4 G U J C u OF ANY KIND UPON THE COMP ITS AGENTS EPRESENTATIVI AUTHORIZED REPRESENTATIVE SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. 1157 for INSTALLATION OF VENTILATION WINDOWS 2. This sworn statement is submitted by DAyTD .TAy ATIAMG- G.M. DAVID ELECTRIC (name of entity submitting sworn statement) whose business address is 3314 NORTHSIDE DRIVE, SUITE 16A ana fir appiicabie) its r•eaerat employer laentirication Number (FEIN) is 59-2603996 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 3. My name is DENNIS JAY ADAMS (please print name of individual signing) entity named above is 6910 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b) , Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133 (1) (e) , Florida Statutes means natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "Person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies.) X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of ` Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order) The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) ( 'gnature) Date: "�/ _ J `7 9' 0 STATE OF (jV COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1�I1/_1 C J�jvkj)-)who, after first being sworn by me, name of ind'vid al signing) affixed his/her signature in day of My commission expires: the space provided above on this NOTARY FMIC STATE OF FLORIDA MY COMMISSION EXP. JULY 30,1993 BONDED THRU GENERAL INS. UND.