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03/28/1990SECTION 00500 CONTRACT the Board of County Commissioners as the governing board of THIS AGREEMENT,I made and entered into this 28th day of March 19 90 A.D., by and between The Card Sound Road and Bridge Toll Authority, party of the first part (hereinafter sometimes called the "Owner"), and Frank Keevan and Son 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, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work shown on the Drawings and described in the Specification entitled: BRIDGE REHABILITATION #904990 CARD SOUND BRIDGE MONROE COUNTY, FLORIDA as prepared 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 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 Four Hundred Seventy Two Thousand One Hundred Dollars ($472,100.00). 1.03 COMMENCEMENT 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 300 calendar days after receipt of Notice to Proceed. C. The date on which contract time begin shall be either the date on which the Contractor actually begins work" 10 days after the Notice to Proceed is issued, whichever is earlier. 00500-1 04-021.77 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 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. 00500-2 04-021.77 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 CONTRACT 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. Title 1 Title Sheet 2 Plan do Elevation 3 Details 00500-3 04-021.77 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.* Board of County Commissioners as the governing board of the -Curd Sound Road'and Bridge Toll Aurthori pa ty f the first part By APPROVED AS TO FORA AND LEG SUFFICIENCY. Y Attorney's Ofte I Signed, Sealed and Witnessed in the presence of:** Mayor/Chairman Attest: [1) FRANK KEEVAN & SON, INC. Party of the Second Part By: Clarence �Kan President Title Attest: (Seal) Jacqueline G. Keevan (*) 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 Cc..:: ict to do so in its behalf. (**) Two witnesses are required when Contractor is sole ownership or partnership. 00500-4 04-021.77 CERTIFICATE (Sample) — STATE OF FLORIDA ) ss COUNTY OF MONROE ) I HEREBY CERTIFY that a meeting of the Board of Directors of Frank Keevan & Son, Inc. , a corporation under the laws of the State of Florida held on 28 March 19 9� the following resolution was duly passed and adopted: "RESOLVED, that Clarence J. Keevan as -- President President of the corporation, be and he is hereby authorized to execute the Contract dated 28 March 19_2_g between 'Monroe County, 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 WHEREOF, I have hereunto set my hand and affixed the official seal of � the corporation this 28 day of March 1990— S retary END OF SECTION 00500-5 04-021.77 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 OATIIS. 1. This sworn statement is submitted with Bid, Proposal or Contract No.-04--021.77 for Rehabilitation Card Sound Bridge 2. This sworn statement is submitted by Frank Keevan & Son, Inc. (name of entity submitting sworn statement) whose business address is 6436 - 2nd Street Stock Island, Key West, Fla. 33040 and (if applicable) its Federal Employer Identification Number (FEIN) is 59-1198689 (if the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: •) 3. My name is Clarence J. Keevan and my relationship to the (please print name of individual signing) entity named above is President A. 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 ofa 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 controlled interest in another person, or a pooling of equipment or income among persons when not for a 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 rParagraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any SECTION 00620 STATE OF FLORIDA ) ss COUNTY OF MONROE ) PAYMENTBOND KNOW ALL MEN BY THESE PRESENTS that Frank Keevan & Son, Inc. as Principal, hereinafter called Contractor, and Fidelity and Deposit Com= and nf Maryland as Surety, hereinafter called Surety, are held and firmly bound unto The Card Sound Road and Bridge Toll Authority, as Obligee, hereinafter called Owner, in the amount of Four Hundred Seventy Two Thousand One Hundred and 00/100 Dollars($ 472,100.p0 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 March 28 19-2-g entered into a Contract with Owner for: BRIDGE REHABILITATION #904990 CARD SOUND BRIDGE 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 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 suit. 00620-1 04-021.77 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. 1:. 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 Spec; V---tions. 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 Category of "Class VTII " 00620-2 04-021.77 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this l_4,,,,_ day of _ 19 A.D., the name and corporate seal of each corporate party, be reto affiAR 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). WITNESSES: -PRINCIPAL: (Affix ure o A or' ed Officer (Seal Title �7 2n� ctrao4- Business Address Stonk Tgjand,Kpy lest, Fla City State SURETY: WITNESS: Fi fin its and ne resit Company of Maryland Corporate Surety (Affix Attorne in -Fact _ H. Clay Rives (Seal Business A ress Coral Gables, Fla. 13134 City State Art Wall, Inc. Name of Local Insurance Agency FLORIDA RESIDENT AG " 00620-3 04-021.77 CERTIFICATES AS TO CORPORATE PRINCIPAL 19 Jacqueline G. Keevan , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Clarence J. Keevan bond on behalf of the Principal, was then President who signed the said 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. -,rr Corporate cr ' y ' Seal STATE OF FLORIDA ) ss COUNTY OF MONROE ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared H. Clay Rives to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the Fidelity and Deposit Company of Maryland and that he has been authorized by Fidelity and Deposit Company of Maryland execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this 174ay of April , 19 9 A.D. (Attach Power of Attorney) a-/ t4,4" — Nota y Public State of Florida -at -Large My Commission ExpireNotary Public State of Florida WY GefflFflissiem ExprreS April 17, 1993 END OF SECTION 00620-4 04-021.77 SECTION 00610 STATE OF FLORIDA ) ss COUNTY OF MONROE ) PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that Frank Keevan i Son,Inc. as Principal," hereinafter called Contractor, and Fidelity and Deposit Company of Maryland as Surety, hereinafter called Surety, are held and firmly bound unto The Card Sound Road and Bridge Toll Authority, as Obligee, hereinafter called Owner, in the amount of Four Hundred Seventy Two Thousand One Hundred and 00/100 Dollars ($ 472, 100') for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. March 28 90 WHEREAS, Contractor has by written agreement dated 19_, entered into a Contract with Owner for: BRIDGE REHABILITATION #904990 CARD SOUND BRIDGE 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 t:- - -ly the Owner any difference between the sum to which the said Principal wild 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 04-021.77 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 that they have a Best's Key Rating Guide General Policyholder's Rating of A* and Financial Category of "Class VTTI ". OO610-2 04-021.77 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 trasacts 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.) No 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. No 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, AN' T(Please indicate which additional statement applies). No 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.) No 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 Iearings. 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 described any action taken by or pending with the ,pepartment of General Services.) �> /I ; Frank Jerffi & J. KejjWnaii!M) Prestident Date: 28 March 1990 STATE OF FLORIDA COUNTY OF MONROE PERSONALLY APPEARED BEFORE ME, the undersigned authority, Clarence J. Keevan who, after first being sworn by me, a*::_:. I his/her signa- name of individual signing in the space provided above on this P4y commission expires: NOTARY PUBLIC STATE OF r'.OP..1JA MY COMMISSION EXP. JAN.1, i93 BONDED THRU GENERAL 1W, 28 day of March Ada Silvers N oTA 19 90 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 3_jt4lday of -Aril 1943 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: 41f Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary Only will attest and affix seal). TAITTTTRggRq- PRINCIPAL: y (Affix gnature)df orized Officer (Seal Title 2nd Street Business Address Stock Island, Key West,Fla. City State SURETY: WITNESS: Fides 1 i ty and Deposit Cnwp na of ,Aaryland Corporate Surety a9 V&vvt--= (Affix Attorney -in -Fact _ H. Clay Riveiseal 201 Alhambra Circle Business Address Coral Gables, Fla. 33134 City State Art Wail, Inc. Name of Local Insurance Agency UUUN I tRS ED FLORID RESIDENT AGENT 00610-3 04-021.77 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOW WPM sALnMM MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF. MARYLAND, a corporation of the State of land, R. W. BUDDENBOHN , Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the revere side hereof and are hereby certified to be in -full force andfect on the date hereof, does hereby nominate, constitute and appoint Glenn H. Purcell, Wm. J...TPy, H. ;E;a► Rives, Edward R. Woolard, W. Mark Yienger and Donald T. Hall, all., 1ami,,,� ,'�riida, EACH.. agent and Attorney -in -Fact, to make, exeote�46al and de.for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings..",,.",.: .... <v` .................... JUT -the execution of such bonds or undertakings ip*suance offfie 6' presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they'hid been duly ~executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md. ,,4W, teir own persons. This power of attorney revokes that issued on behalf of Glenn H.Riteell dated November 11 1986 and on behalf of D. T. g�11, dated. No en a 1986.... The said Aastatant Secretary toes Here y fy that �i`e, extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Co , and is force. IN WITNESS WHEREOF, the sai#1, resident i�*Xssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELIT'_�l1VD DCOMPANY OF MARYLAND, this 14th day of August A.D.19 7 ;., _ FIDELITY,DEPOSIT COMPANY OF MARYLAND ATTEST: SEAL '-T n --- - -- B t Asaistaet Secre -�Vioe-Prey" st STAlm Or MARYLANYD CM W BALTIIMORE y 3S: On this 14 t h day of August , A.D. 19 8 7 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, a day and year First above written. �L` o` ' !o '`'O•":"j Notary Public Commi ion xpires July 1, 1990 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 17 th IN TESTIS r HEREOF, I have "to subscribed my name and affixed the corporate seal of the said Company, tide day of "r' 1 030 Assistant Secretary CERTIFICATES AS TO CORPORATE PRINCIPAL it Jacqueline G. Keevan , certify that I am the Secretary of the Corporation named as Principal in the within bond; that Clarence J. Keevan 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. STATE OF FLORIDA ) ss COUNTY OF MONROE ) � Corporate ec ,etary Seal Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared H. Clay Rives to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the Fidelity and Deposit Companv of Marvland and that he has been authorized by Fidelity and Deposit Company of Maryleand execute the foregoing bond on behalf of the Contractor named therein in favor of the Subscribed and sworn to before me this 17tltay of April , 1990, A.D. (Attach Power of Attorney) 6C'LW_'0" Nota y Public State of Florida -at -Large Notary Public State of Florida My Commission Expirft Commission Expires April 17, 1993 END OF SECTION 00610-4 04-021.77 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOW OFFICE. I&ALMose, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of land, R. W. BUDDENBOHN , Vice -President, and C. W. ROBBINS Assistant Secietary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in -full force and Aect on the date hereof, does hereby nominate, constitute and appoint Glenn H. Purcell, Wm. J. , y, H. ' Rives, Edward R. Woolard, W. Mark Yienger and Donald T. Hall, all ,aPyfiami, ,°1ida, EACH.... agent and Attorney -in -Fact, to mare, exep*,tN, al and de fbr, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings..111.`........ r; ............. tioa of such bonds or undertakingseuance o,tle'preeenta, shall be ae binding upon said Company, as fully and amply, to all intents and purposes, as if t hid been d executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md. ^ it own (rsons. This power of attorney revokes that ,, ,3 Pe P y issued on behalf of Glenn H., .sell, `t dated, November 11, 1986 and on behalf of D. T. g�11, dated, Nopemmbbe 1986. ,;., The said Assistant Secretary does ere set that t extract set forth on the reverse Bide hereof is a true copy of Article VI, Section 2, of the By -Laws of said Con and is ;�' �' force. IN WITNESS WHEREOF, the sai residenttclssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELI�y 1 D DE,_ COMPANY OF MARYLAND, this 14th day of August , A.D. 19 7 _ FIDELITY i�'&POSIT COMPANY OF MARYLAND ATTEST: Asia % 't Secmt"v -Vice-Presitlast gU8 OF MARYLAM CM W BALTOMORE I SS: On this 14 t h day of August , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, a day and year first above written. Notary Public Comm' ion xpires Ju 1 y l , 19 90 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." 17 th IN TESTIMONJ� pEJEOF, I have "to subscribed my name and affixed the corporate seal of the said Company, tide day of 1� 030 Assistant Secretary ISSUE DATE (MM/DD/YY) �• 12/ld/d3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO 1i0RIffRSCOMPEVmnoNCkS( RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX- • 1DML11S1ERFD BY ffl%o TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCTER A v v i C +: - n U f. iv 4 I �-J v • ;N • -� Nu A V L N u E ATTENTION CERTIFICATE HOLDER: If you have any y questions, please contact KATHY Y u U 3 S c at 1-800-226-3224, 2601 Cattlemen Road, Sarasota, FL 34232 6ULA kATUN, FL �343! 4376 COMPANIES AFFORDING COVERAGE INSURED FRANK KLc-VAN v �Uitis IivL• Company Letter A FCCUSELF INSURERS FUND 5 Tu rC iL.ANu Company Letter B: FL 3jo Company Letter C: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE IN INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MWDD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCURRENCE OWNER'S & CONTRACTORS PROTECTIVE GENERAL AGGREGATE Is PRODUCTS-COMPIOPS AGGREGATE Is PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (ANY ONE FIRE) $ AUTOMOBILE LIABILITY MEDICAL EXPENSE (ANY ONE PERSON) $ ANY AUTO GSL $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $ $ BODILY INJURY ( PERSON) BODILY INJURY ((PER ACCIDENT) GARAGE LIABILITY s PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM s OSTATUTORY A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY , 7 `3 O— 1 ` CJ 1 1 / 0 i / Sr 0 12 / J 1 / SY 13 $ (EACH ACCIDENT) $ 100 (DISEASE -POLICY LIMIT) $ 500 (DISEASE -EACH EMPLOYEE) 100 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS L3 f3 A : Contract No. 04-021.77, Rehabilitation of Card Sound Bridge, Monroe County, Florida SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUEING COMPANY WILL ENDEAVOR TO 10 DAYS WRIT- UIN T Y aJ� FA I SS I ZIN .. r<,�i �5U W f'XL a T i Y b`' T' FL " "''f 0 J U TEN 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 AGENTS OR REPRESENTATIVE. AUTHORIZED REPRESENTATIVE � w I THIS IS TO CERTIFY THAT THE 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 BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER _TR POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 1,000, COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OPS AGGREGATE $ 1,000, A CLAIMS MADE XX OCCUR. MFCD18516236 4-1-90 4-1-91 PERSONAL & ADVERTISING INJURY $ 1, 000, OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, FIRE DAMAGE (Any one fire) $ 50, MEDICAL EXPENSE (Any one person) $ 5 AUTOMOBILE LIABILITY COMBINED xx ANY AUTO H0107619A SINGLE 4-1-90 4-1-91 ILIMIT $ 1,000, ALL OWNED AUTOS BODILY SCHEDULED AUTOS � INJURY $ (Per person) HIRED AUTOS xx BODILY xx NON -OWNED AUTOS INJURY $ (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY AND $ (EACH ACCIDENT) $ (DISEASE POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE —EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CONTRACT # 04-021.77-REHABILATATION FOR THE CARD SOUND BRIDGE MONROE COUNTY FLA. I ItII A It "v Lur." SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE MONROE COUNTY BOARD OF COUNTY COMMI S S IONEMPI RATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MONROE CO., FL. 33040 MAIL i0 DAYS WRITTEN NOT TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO CH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED RE� DAVID DST: