Supplement to Proposal #5027SUPPLEMENT TO PROPOSAL #5027
The following shall become a part of EMCEE proposal #5027.
1. EMCEE hereby provides a performance bond in the amount of
$426,590.00. This amount is based upon the original proposal
amount of $421,532.10 plus $5,057.90, the latter sum
reflective of the cost, to Monroe County, attendant to the
performance bond.
2. All obligations in connection with the bond offered herein
shall expire upon acceptance of the system.
3. Acceptance of the system shall be according with the following
conditions:
a. Such acceptance shall be conducted by Monroe County
officials/official.
b. Such acceptance shall be completed within 14 days
following verification of completion of subject work, per
paragraph #6, general conditions of proposal #5027.
c. The letter of credit provided for herein shall pertain
only to the provision of materials and installation
services per proposal #5027 and no other conditions or
requirements shall be attached thereto.
4. Modifications to existing translator systems shall be limited
to materials and services in accordance with the respective
schedule A descriptions contained in proposal 5027. It shall
be understood by Monroe County that proper operation of the
expanded translator system will depend upon existing elec-
tronic equipment performing within reasonable limits of
factory specifications. It shall be further understood, and
agreed upon by Monroe County, that in the event that
additional materials or services are found to be necessary
toward providing for acceptable, existing equipment perform-
ance, such materials and services shall only be available at
additional cost.
This document, upon being properly executed, shall serve as an
instrument of acceptance by the parties whose signature are
affixed hereto and shall further constitute a proceed to work
order.
ACCEPTED BY:
Monroe County
and of Commissioners
ACCEPTED BY:
EMCEE Broadcast Products
:1C
PERFORMANCE BOND FORTUNE ASSURANCE COMPANY, INC.
Philadelphia, Pennsylvania 19102
PB-3584
KNOW ALL MEN BY THESE PRESENTS:
Electronics, Missiles andCcn mnications
P.O. Box 68
that White Haven, PA 18661
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, FORTUNE ASSURANCE COMPANY, INC., of Philadelphia, Pa., a corporation duly
organized under the laws of the State of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto
Monroe County Board of Ccninissioners
500 Whitehead Street (Here insert full name and address or legal title of Owner)
Key West, Florida 33040
as Obligee, hereinafter called Owner, in the amount of Four Hundred Twenty Six Thousand Five Hundred Ninety
and 00/100
Dollars ($ 426, 590.00 ), 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 , 19 , entered into a contract with Owner for
turnkey installation of television broadcasting equipment including transmitters
antennaes, towers and transmission lines.
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void, otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any eration or extension of
time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms and conditions,
or
2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or, if the Owner elects, upon determination
by the Owner and the Surety jointly of the lowest responsible bidder,
Signed and sealed this 15th day of October
(Witness)
�f
AIA DOCUMENT A311
PERFORMANCE BOND AND LABOR MATERIAL PAYMENT BOND
FEBRUARY 1970 ED.
THE AMERICAN INSTITUTE OF ARCHITECTS
PB-1 (3-79)
arrange for a contract between such bidder and Owner, and make
available as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the contract price; but not exceeding,
including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term
"balance of the contract price," as used in this paragraph, shall mean
the total amount payable by Owner to Contractor under the Contract
and any amendments thereto, less the amount properly paid by Owner
to Contractor.
Any suit under this bond must be instituted before the expiration of
two (2) years from the date on which final payment under the Contract
falls due.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Owner named herein or the heirs,
executors, administrators or successors of the Owner.
Electronics, Missiles and Communications
(Principa)l (Seal)
V'
(Title)
By
GENERAL POWER OF ATTORNEY
M W ALL MEN BY THESE PRESENTS, that the FORTUNE ASSURANCE COMPANY* INC.
has made, constitute and appointed, and by these presents does sake, constitute
and appoint BETTE ANN WELSH
its true and lawful attorney for it and in its name, place, and stead to
execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship; provided however, the power set forth herein shall
be limited to the issuance of bid bonds for and on behalf of FORTUNE ASSURANCE
COMPANY, INC.
This Power of Attorney is granted and is signed and sealed under and
by the authority of the folloving•Resolution adopted by the Board of Directors
of the FORTUNE ASSURANCE COMPANY, INC., by unanimous consent.
"RESOLVED, that the Chairman of the Board and the President, be and
that each or any of them hereby is authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in
behalf. of FORTUNE ASSURANCE COMPANY, INC., bonds. undertakings and all contracts
of suretyship; and that a Secretary or an Assistant Secretary be, and that
each or any of them is. authorized to attest the execution of any such Power of
Attorney. and to attach thereto the seal of the Company."
IN WITNESS WHEREOF, the FORTUNE ASSURANCE COMPANY, INC., has caused
its official seal to be hereunto affixed and these presents to be signed by
its irman of the Board and attested to by its Secretary this eV day of
1984.
t'� r (ARP .; SBIAL
EE
�'• � ATTEST
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA S
On this p? 9 day of , 1984. before me personally
Joseph Miller, to se known, oIeinANg by me duly sworn did depose. t �.
he is Chairman of the Board of Directors of FORTUNE ASSURCE
the Corporation described in and which executed the above inst' that
knows the seal of the said Corporation; that the seal affixed sa ►
instrument is such corporate seal; and that it was so affixed lei r o
r Board of Directors of said Corporation; and that he signed his re�q �•.,
by like order. JACQUEUPE WHMIM
OOMAAISSIONK Of DEEDS „
Mr Cam&" Expka April 23,19M vnrr•�nv nt�t n
C E R T I F I C A T E
I, the undersigned, Secretary of FORTUNE ASSURANCE COMPANY, INC..
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains
in full force and has not been revoked; and furthermore that the Resolution
of the Board of Directors, set forth in the said Power of Attorney, is now
In force. ,-
Si n and sealed at Philadelphia, Pennsylvan he /�; day of
LABOR AND MATERIAL FORTUNE ASSURANCE COMPANY, INC.
PAYMENT BOND Philadelphia, Pennsylvania 19102
THIS BOND IS ISSUED SIMULTANEOUSLY
WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL -AND
FAITHFUL PERFORMANCE OF THE CONTRACT
PB-3584
KNOW ALL MEN BY,THESE PRE$ NTS:
Electronics. NLtssi es and ConrIunications
that P.O. Box 68
Mite Haven, PA 1866(Le insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, FORTUNE ASSURANCE COMPANY, INC., of Philadelphia, Pa., a corporation duly
organized under the laws of the State of Pennsylvania, as Surety, hereinafter called Surety, are held and firmly bound unto
Monroe County Board of Ccm issioners
500 Whitehead St. (Here insert full name and address or legal title of Owner)
Key West, Florida 33040
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Four Hundred Twenty Six Thousand Five Hundred Ninety and 00/100
Dollars ($ 426, 590.00
(Here insert a sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated , 19 entered into a contract with Owner for
turnkey installation of television broadcasting equiFmnt including transmitters
antennaes, towers and transmission lines
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably
required for use in the performance of the Contract, then this obligation
shall be void; otherwise it shall remain in full force and effect, subject,
however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Princi-
pal or with a Subcontractor of the Principal for labor, material, or both,
used or reasonably required for use in the performance of the Contract,
labor and material being construed to include that part of water, gas,
power, light, heat, oil, gasoline, telephone service or rental of equipment
directly applicable to the Contract.
2. 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 the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may
sue on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of
any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following:
the Principal, the Owner, or the Surety above named, within ninety
(90) days after such claimant did or performed the last of the work or
Signed and sealed this 15th day of Oc
(Witness)
labor, or furnished the last of the materials for which said claim is made,
stating with substantial accuracy the amount claimed and the name of
the party to whom the materials were furnished, or for whom the work
or labor was done or performed. Such notice shall be served by mailing
the same by registered mail or certified mail, postage prepaid, in an
envelope addressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the transaction of business,
or served in any manner in which legal process may be served in the
state in which the aforesaid project is located, save that such service
need not be made by a public officer.
b) After the expiration of one (1) year following the date on which
Principal ceased Work on said Contract, it being understood, however,
that if any limitation embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall be deemed to
be amended so as to be equal to the minimum period of limitation
permitted by such law.
c) 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.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of
the payment by Surety of mechanics' liens which may be filed of record
against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
tober 119 85
PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
FEBRUARY 1970 ED.
THE AMERICAN INSTITUTE OF ARCHITECTS
L&M - (3-79)
Electronics, Missiles and Communications
By
(Principal) (Seal)
(Title)
PRINTED IN U.S.A.
w
GENERAL POWER OF ATTORNEY
MW ALL Mml BY THESE PRESENTS, that the FORTUNE ASSURANCE COMPANY, INC.
has made, constitute and appointed, and by these presents does make, constitute
and appoint BETTE ANN WELSH
its true and lawful attorney for it and in its name, place, and stead to
execute on behalf of the said Company, as surety, bonds, undertakings and
contracts of suretyship; provided however, the power set forth herein shall
be limited to the issuance of bid bonds for and on behalf of FORTUNE ASSURANCE
COMPANY, INC.
This Power of Attorney is granted and is signed and sealed under and
by the authority of the folloving,Resolution adopted by the Board of Directors
of the FORTUNE ASSURANCE COMPANY, INC., by unanimous consent.
"RESOLVED, that the Chairman of the Board and the President, be and
• that each or any of them hereby is authorized to execute Powers of Attorney
qualifying the attorney named in the given Power of Attorney to execute in
behalf. of FORTUNE ASSURANCE COMPANY, INC., bonds, undertakings and all contracts
of suretyship; and that a Secretary or an Assistant Secretary be, and that
each or any of them is, authorized to attest the execution of any such Power of
Attorney, and to attach thereto the seal of the Company."
IN WITNESS WHEREOF, the FORTUNE ASSURANCE COMPANY, INC., has
its official seal to be hereunto affixed and these presents to b
its airman of the Board and attested to by its Secretary this
, 1984.
1
�,�♦•,1. BI
r f i (4CPRP.� SEAL)
,r .• •: • t,: ATTEST
CO0ONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA S
On this c9 9 day of 1984, before me personally
Joseph Miller, to me known, o being by me duly sworn did depos
he is Chairman of the Board of Directors of FORTUNE ASSURANCE Cg
the Corporation described in and which executed the above instrt
knows the seal of the said Corporation; that the seal affixed t,
instrument is such corporate seal; and that it was so affixed It,
Board of Directors of said Corporation; and that he signed his 'd
by like order. JACQUEUK 1NF MUCK
COMANL90HM OF DEEDS
A* Crwmis" Explrm April 23, 19W NOTARY PURL C
C E R T I F I CAT E
e
s caused
signed by
day of
.Wt*
that • ,
u r
W.
r o t
isreSe , `,
I, the undersigned, Secretary of FORTUNE ASSURANCE COMPANY, INC.,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains
in full force and has not been revoked; and furthermore that the Resolution
of the Board of Directors, set forth in the said Power of Attorney, is now
In force.
Signed and sealed at Philadelphia, Penns ylvan hem day of
, lgkl-*.-* L
tary