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08/01/1990 ContractSECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this 1st day of August, 1990 A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and General Asphalt Co. 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: ROADWAY IMPROVEMENTS PLANTATION KEY ROADS III HIGH POINT ROAD/ROLLING HILL ROAD 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 Fortysix Thousand Nine Hundred Fortyseven and 64/100 Dollars ($46,947.64). 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 90 calendar days after receipt of Notice to Proceed. C. The date on which contract time will begin shall be either the date on which the Contractor actually begins work or 10 days after the Notice to Proceed is issued, whichever is earlier. 00500-1 04-004.93 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 00500-2 04-004.93 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 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 60 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 ayment 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. 00500-3 04-004.93 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 Cover Sheet 2 Typical Sections and Details 3 Storm Drainage Details 4 Drainage Map 5 Plan and Profile 6-8 Cross Sections 00500-4 04-004.93 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.* f'1 r._�r t •r.��k_"..+�t u, s?l.'fi'!'1l�e JL�"Gi f� Signed, Sealed and Witnessed in the presence of:** (*) In the event that the Contracto each counterpart a certified cop the Corporation, authorizing the behalf. Mon $ZO 03T -Gems— Party of to kirst P t By: Attest:DANNY L. KOLHAGE, Clerk (Seal) Party of the Second Part By: vices Title Attest: &4;�. " A" (Seal) r y is a Corporation, there shall be attached to of a resolution of the Board of Directors of officer who signs the Contract to do so in its (* *) Two witnesses are required when Contractor is sole ownership or partnership. 00500--A'5 04-004.9T53 tag CERT 11 F' I CATE STATE OF FLORIDA} SS COUNTY OF DADE } I HEREBY CERTIFY that a meeting of the Board of Directors of General Asphalt Company, Inc., a corporation under the laws of the State of Florida, held on 4Z AUGUST' , 1990 the following resolution was dully passed and adopted: "RESOLVED, that 4�! %At- 5- as V1 C E - President of the corporation, be and he is hereby authorized to execute the Contract dated / AgdUzS j' , 19 %Q , between Monroe County, Florida, and this corporation, and that his execution thereof, attested by the Assistant Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this jr-O day of 4Asstant Secret ry STATE OF FLORIDA ) ss COUNTY OF ) SECTION 00610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor, and SEABOARD SURETY COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of Dollars ($ 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 1 August, 1990, entered into a Contract with Owner for: ROADWAY IMPROVEMENTS PLANTATION KEY ROADS III HIGH POINT ROAD/ROLLING HILL ROAD MONROE COUNTY, FLORIDA in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh & Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the Owner and the Consulting Engineer and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provisions of said Contract. 00610-1 04-004.93 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 GeneralXo'licyholder's Rating of " 4 and I Financial Category of "Class z/ ". 00610-2 04-004.93 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this day o 19 , A.D., the name and corporate seal of each corporate party being ereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESSES: (If Sole Ownership or Partnership, two (2) Witnesses required). WITNESSES: WITNESS: (If Corporation, Secretary Only will attest and affix seal). PRINCIPAL: GENERAL ASPHALT COMPANY, INC. (Affix 1gnatur Authorized O er Seal) ., r Pgoo W �1 r L fror= •i ,ems i0�� T Title •4-8 so N. UJ . -7Z A v " Business Address M)A&I F11 3► L City State SURETY: SURETY COMPA to Surety ,-' (Affix ;al) Name of I cal Insurance Agency SEITUN 6 COMPANY 8125 N.W. 53rd Street, Suite 200 P.O. Box 025220 Miami, FL 33102-5220 00610-3 _ -- ��II�fS'�I�AT#1i���NS•t�#= POWER OF �ITT0-- -A NEY Kum ALL MEN 13Y THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New Mork, has made, constituted and appointed and by these presents does make, constitute and appoint MichaelBonet or Franklin E. Wheeler or M. Stephen Jackman or Sam Seitlin or R. Louis Seitlin or John K. Pepper of Miami, Florida its true and lawful Attorney -in -Fact, to make, execute and deliver on its behattinsurance policies surety bonds, undet#aicings and other instruments of similar nature as follows: Any and all bonds, undertakings, recognizances and other written obligations in the nature thereof; and any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates. Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal, and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15,'1982 and are still in full force and effect: ARTICLE Vil, SECTION 1: "Potictim bonds, recognizances, stipulations, contents of surety, underwrit" underfNkirigs and instruments relating thereto. Insurance policies, bonds, recognizances, stipulations, consents of surety -and underwriting undertakingsof the Company, and releases, agreements andother writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Vice -President or a Resident Vice -President and by theSeeretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the chairman of the Board, the President or a Vice -President to make such signature: or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -fact or representative." IN Wnwm WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .22nd._.:- day of -----Decembe..................., 19....$$ k Attest: SEA1 r PAN ; 1927BY s {Seal #lit? .. ---._ ._._...._. 1 Secretary -V' _ resident_ : r STATE OF -NEW JERSEY COUNTY OF SOMERSET i On #fus nS1.--- -_-_. day of December -- ----- - ------ - -tO $#3 . --, before me persA01nally appeared- I ....................Michael_.-E_._.-_X.eega-a....... -----------_---------------- a Vice -President of SEABOARD SURETY COMPANY, i with whom I am personally acquainted, who, being by me duly sworn, said that tte resides in the State of ._N- —..Jer fit. that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing I instrument; that he knows the corporate seat of the said Company; that the seal affixed to said instrument is such corporate seal. that it was so affixed by order of the Board of Directors of said Company, and that he signed has naft3sthereto as Vice -President of F rY�any by authority. ` FELICE M. CATALANO NOTARY PUBLIC OF NEW JERSEY 4 =NOTARy - 1 My Commission Exp. June 4, 1991 I... -- . C E R T I F I C A T E Notary Public ��and ersignedAssistantSecretaryofSEABOARDSURETYCOMPANYdoherebycertifythattheoriginalPowerofAttorneyofwftichthefor is icorrect copy, is in full to" and effect on the date of this Certificate and i do further certify that the Vice -President whoexecuted thesaid €'owet of Attorney was one of the officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article V11, section 1r of the Sy -Laws of SEABOARD SURETY COMPANY. a This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Board of Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970 "RESOLVED. (2) That the use of a printed facsimile of the corporate seat of the Company and of the signatureof an AssistantSecretary _on any _ certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to krt#c#ej(#t -t.i r.Laws - aoriointinrf:_and authorizinn an antirnav-in-fact to-:iAn in tMa-raa,as s.,et.-.._ Jc ii ii'•-_* I.. - For verification of the authenticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power CERTIFICATES AS TO CORPORATE PRINCIPAL �T I, `UCTi'S' �r.�.l�sile/ , certify that I am thekSecretary of the Corporation named as Principal in the within bond; that,( vwG S. ln/cag7XM who signed the T—� said bond on behalf of the Principal, was then VLCgW &SjhtALref 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. C14L —(Corporate Secretary) Seal STATE OF FLORIDA ) ss COUNTY OF bA W ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared 10HN K. P€PP€° to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the SEABOARD SURETY COMPANY and that he has been authorized by ,OWrR Or A to execute the fore ing bond on behalf of the Contractor named therein in favor of the 19 Subscribed and sworn to before me this da of k4i J9 , A.D. (Attach Power of Attorney) W-..Wwola i . - ,,� State of Florida -at -Large T NeffAyty MUELIe STATE OF FLORIOA AT LARGE MY COMMISSiOfJ LVIRES A- ,JL 20, 1993 My Commission Expires: END OF SECTION 00610-4 04-004.93 STATE OF FLORIDA ) ss COUNTY OF ) SECTION 00620 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor,and SEABOARD SURET-Y COMM as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called er, in the amount of Dollars ($ P ) 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 1 August, 1990, entered into a Contract with Owner for: ROADWAY IMPROVEMENTS PLANTATION KEY ROADS, III HIGH POINT ROAD/ROLLING HILL ROAD 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 claunant, 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 04-004.93 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 be -ginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefor. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. E. The Surety, for value change, extension of tim Contract or to the work applicable thereto shall i the Surety hereby waive alterations of or addition to the Specifications. n received, hereby stipulates and agrees that no e, alteration of or addition to the terms of the to be performed thereunder or the Specifications any wise affect its obligations on this Bond, and s notice of any such change, extension of time, to the terms of the Contract, or to the work or F. The Surety represents and warrants to the Owner Key Rating Guide General Policyhol er's rating and Financial Category of "Class " that they 4ave a Best's of " It- I— " 00620-2 04-004.93 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of AVG 17 1990 19 , A.D., the name and corporate seal of each corporate party being— hereto a7fixerand 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). WI ESS c. - Ass�: 77 WITNESS: PRINCIPAL: GENERAL ASPHALT COMPANY, INC. 10 �(Affi-. ignature Au-tlio-rized Officff Seal) Title dlCE-,v,e�-T /P'xW,, 4-91 Al. tom. 7Z AU& Business Address 11V1,401 I&L . 3 � City State Name of Local Insurance Agency SEITLIN & COMPANY �11?5 N.W. 53rd Street, Suite 200 P.O. Box 025220 Miami, FL 33102-5220 ,ffix al) 00620-3 04-004.93 -No - Mf tl t ATlV€ { Ft i t 1STE# , . POWER OFITTORNEY Mow ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint Michael Bonet or Franklin E. Wheeler or M. Stephen Jackman or Sam Seitlin or R. Louis Seitlin or John K. Pepper of Miami, Florida its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies ;surety bonds, undertakings and other instruments of similar nature as follows: Any and all bands, undertakings, recognizances and other written obligations in the Mature thereof; and any and all consents required by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates. Without Limitations Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid i Attorney -in -Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney -in -Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By -Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, with Amendments to and including January 15, 1982 and are still in full force and effect: ARTICLE VII. SECTION 1: "Porreies, bonds, recognizences, stipulations, consents of surety, underwriting undertakings and instruments relating thereto. Insurance policies, bonds, recognizances,stipulations, consents of surety and underwriting undertakings of the Company, and releases, agreements and other { writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company (a) by the Chairman of the Board, the President, a Viet -President or a ResidentVice-President and by the Secretary, an Assistant Secretary, a Resident Secretary or a Resident Assistant Secretary; or (b) by an Attorney -in -Fact for the Company appointed and authorized by the Chairmanofthe Board, the President or a Vice -President to make such signature. or (c) by such other officers or representatives as the Board may from time to time determine. The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative." IN WITNESS WHEREOF, SEABOARD SURETY COMPANY has caused these presents to be signed by one of its Vice - Presidents, and its corporate seal to be hereunto affixed and duly attested by one of its Assistant Secretaries, this .22nd------ day Of -----December----- ausfr�-o n4 Attest: SBABO S TY COMPANY 1927 B f t {Sealx� ia_,I ...:._._ y �, t AsftaAf Secretary ......... STA V OF NEW JERSEY COUNTY OF S€3MERSEi On this 2 nt3 - - day of -.• _December --- •----- - *14-- before me personally appears ....... ---- _ --- Micha►el__4._.Xee.94D --- ----- - -- --- --, a Vim -President Of SEABOARD SURETY COMPANY, 4 with whom f am personally acquainted, who, being by me duly sworn; said that he resides in the State of __Neu : _j raey:; that he is a Vice -President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the sealaffixed to said instrument is such corporate seal; f that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice -President cif d many by like authority. FELICE M. CATALANO � NOTARY PUBLIC Of NEW JERSEY _ ' RY My Commission Exp. June 4, 1991 1 _ Note Public . ---- •---•---- . --.... } C E R T I F I C A T E F Of v! undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power_ of Aftorney otwhich theforegoing is a rue and correct c*py, is in full force and effect on the date ofthis Certificateand Ido further certify thatthe Vice --President who executed thtsaid Powaraf Attorney was one of the Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VtI, Section 1, of the By -Laws of SEABOARD SURETY COMPANY, This Certificate may be signed and sealed by facsimile under and by authority of the following resolution of the Executive Committee of the Boardof Directors of SEABOARD SURETY COMPANY at a meeting duly called and held on the 25th day of March 1970- "RESOLVE©: (2) That the use of a printed facsimile of the corporate seal of the Company and of the signature of an Aasls#artt Secretary on any - certification of the correctness of a copy of an instrument executed by the President-ora Viet, -President pursuant to AfticteMl, Section 1, 9"ftel�y-Laws_ appointing and authorizing an attorney -in -fact to sign in the name and fori behalf of the Compan y3ure3y bons unti - un-dartakIngs;ar otfler ; instruments_4eseribed in said Article VII. Section 1, with like effect as if such seal and such signature had been m ally affixed -and made, fvqr� alith0fil guid approvefl f hie hereunto,_ et _ y hand and affi�c�ed t#Corn any -to wrozorate �� day of = _ For verification of the authenticity of this Power of Attorney you may call, collect, 201-658-3500 and ask for the Power of Attorney clerk. Please refer to the Power CERTIFICATES AS TO CORPORATE PRINCIPAL A 675T. I, certify that I am the4Secretary of the Corporation named as Principal in the within bond; that & V IL S. Wggar_c,JJ� who signed the said bond on behalf of the Principal, was then yL,& "gjjDD&urof 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 ) ;V COUNTY OF -QA D 9 ) (Corporate )Nssr.- Secretary _ Seal) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared 10HN K. PEPPER to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the SEABOARD SURETY COMPANY and that he has been authorized by POWER OF AT'TORNFY dnnrwcn to execute the foregoing bond on behalf of the Contractor named therein in favor of Monroe County, Florida. Subscribed and sworn to before me this day of A U G 1 7 1990 , 19_, A.D. (Attach Power of Attorney) Notary c State of Florida -at -Large NOTARY PUBLIC STATE OF F!ORIDA AT LARCF. MY COMMISSION EXPIRE R:';;IL 20', 135J My Commission Expires: END OF SECTION 00620-4 04-004.93 ACHAt'/® CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY) 8/27/90 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Collinsworth, Alters Nielson, NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Fowler & Dowling, Inc. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Post Office Box 9315 COMPANIES AFFORDING COVERAGE Miami Lakes, FL 33014-9315 COMPANY A CODE SUB -CODE LETTER Assurance Co Of America COMPANY B INSURED LETTER Assurance Co of America COMPANY G. General Asphalt Co., Inc. LETTER Northern Insurance Co Post Office Box 522306 COMPANY D Miami FL 33152 LETTER Associated General Contractors COMPANY E LETTER COVERAGES 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY IEC29219730 7/01 /90 7/01 /91 GENERAL AGGREGATE $ 1000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1000 CLAIMS MADEX OCCUR. PERSONAL & ADVERTISING INJURY $ 1000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000 FIRE DAMAGE (Any one fire) $ 50 MEDICAL EXPENSE (Any one person) $ 5 B AUTOMOBILE LIABILITY 2EC29219730 COMBINED 7/01 /90 7/01 /91 SINGLE $ X ANY AUTO LIMIT 1000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY $ DAMAGE C EXCESS LIABILITY UB61928520 7/01 /90 7/01 /91 EACH AGGREGATE EACH X UMBRELLA FORM $5000 $ 5000 OTHER THAN UMBRELLA FORM D WORKER'S COMPENSATION 88001505 1 /01 /90 1 /01 /91 STATUTORY AND $ 20M (EACH ACCIDENT) $ Ccjj (DISEASE —POLICY LIMIT) EMPLOYERS' LIABILITY $ Incl (DISEASE —EACH EMPLO) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESiiWBKWI"/SPECIAL ITEMS Re: Roadway Improvement Plantation Key Road III High Point Road/Rolling Hill Road Monroe County, Florida I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL30 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 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard D. Frenc �`_n N� CTA ADDITIONAL INSURED: Monroe County Board of Commissioners Monroe Co, Florida ACORD 26-S (3/88) 2— 5 988 • .akr lu 7u UV 1.4 � �+ SWORN STATMONT 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 OATES, 1. This sworn statement is submitted with sid, Proposal or Contract No.� for 2. This sworn a Mement s a m t by name•o entity submitting sworn statement whose business address is; 3. 4. --•-• csyv-4iRaz�ie j �.us re�aerai EmployerIdentification Number (FEIN) is r_(If the entityhas FE no , nc u e the SoCia Security Number Of the individual signing this sworn statements I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or a era aw 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'`o 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 informaitiori after j--iy Is,19A9, as a result or a jury verdict,�non3ury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 267.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crimes or 2. An entity under the control of any natural reracn who is active in the management of the entity and who has been convicted of a public entity crime. The tatm "Affiliate" includes those officers, directors, Ott' 1U '70 4J7;1. r. -; executives, partners, shareholders, employees, Members, and agents who Are active in the managament 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 a. affiliate. 7. 1 understand that a "person" as defined in Paragraph 387.133(1)(a), Florida statutes means natural person. or entity organized under a aws 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 an 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 "Poison" 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 S have marked below is true in relation to the entity submitting this sworn Statement. (please indicate / which statement applies.) ✓ Neither the entity submitting this sworn statement, not' any Of cers, directors, executives, partners, Sharobelders, 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 a'uly 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 thw art:4-K, sae ��•..+y�� —L wi allu eonvictea or a public entity crime subsequent to July 1, 1989, AND (please indicate which additional Statement applies.) There has been a proceeding concerning the aonv otion 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 thA conv Cted vendor list. There has been a subsequent proceeding before a hearing officer of the State of w.4.'4 0 Florida, DiviSion of Administrative Sedringgs. The final ardor entered by the hearing officer determined that it was in the public interest to remave the person or affiliate from the convicted vendor list. (Please attaoh a oopy of the final order) The person or affiliate has not been placed on iF convicted vendor list. (Please describe any action taken by or pending with the Department of (3ener&l Services.) t 40no. . l . Date: �. ' 1 IQ � STATE OF i COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by ze, name of a v u signing) affixed his/her signature in the space provided above on this I cz, day of I�1 1 1 oc , �.. My aotmmisaion expires: NOtary Public Stale of flOrid9 My COmmission Expires Vu. 26,1992 19'L. w