07/15/1992Section 00500
FORM OF AGREEMENT
92 OCT -7 P 4 :54
This agreement is set forth as of the 15 th day of-,." UULY J-n
the year of 1992 between the OWNER who i?d91rf Board of
County Commissioners of Monroe County Florida; and &Ildvripg
CONTRACTOR:
Name: GENERAL ASPHALT COMPANY, INC.
Address:
4850 N.W. 72 AVENUE
MIAMI, FLORIDA 33166
Phone: (305) 592-3480
for the purpose of performing all of the Work required by the
Contract Documents for the following PROJECT:
ROADWAY IMPROVEMENTS - Saddlebunch Keys Roads I
Saddlebunch Keys
Monroe County, Florida
The Project has been designed by Post. Buckley. Schuh & Jernigan,
Inc. who is hereafter referred to as the ARCHITECT/ENGINEER and
who assumes all duties and responsibilities and has the rights
and authority assigned to the ARCHITECT/ENGINEER in the Contract
Documents in connection with completion of the Work in accordance
with the Contract Documents.
The OWNER and the CONTRACTOR agree as set forth as follows:
Article 1 - The Contract Documents
The Contract Documents consist of this Agreement, the
Conditions of the Contract (General, Supplementary, and
other Conditions), the Drawings, the Specifications, all
Addenda issued prior to and all Modifications issued after
execution of this Agreement. These form the Contract, and
all are as fully a part of the Contract as if attached to
this Agreement or repeated herein. An enumeration of the
Contract Documents appears in Article 7.
05/15/92 FORM OF AGREEMENT 00500-1
Article 2 - The Work
The Contractor shall perform all the Work required by the
Contract Documents for the following scope of work:
Roadway improvements for the following roads:
1. East Circle Drive
2. Bay Drive
3. West Circle Drive
4. Boulder Drive
5. Blue Water Drive
Article 3 - Schedule
The CONTRACTOR shall commence Work to be performed under
this Contract no later ten (10) calendar days from Notice to
Proceed and shall be substantially completed no later than
ninety (90) calendar days from the Commencement Date. The
CONTRACTOR also agrees to be complete and ready for final
payment in accordance with the General Conditions no later
than thirty (30) calendar days from the Substantial
Completion Date.
The OWNER and the CONTRACTOR recognize that time is of the
essence of this Contract and that the OWNER will suffer
financial loss if the Work is not completed within the times
specified above, plus any extensions of time allowed in
accordance with the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in
a legal or arbitration proceeding the actual loss suffered
by OWNER if the Work is not completed on time. Accordingly,
instead of requiring such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER fifty dollars ($50.00) for each
day that expires after the time specified above for
Substantial Completion until the Work is substantially
complete.
The OWNER and CONTRACTOR agree that work on the project will
be continuous from the commencement date thru the completion
date. Any demobilization once the work has started requires
prior approval by the OWNER.
Article 4 - Contract Price
The OWNER shall pay the CONTRACTOR for completion of the
Work in accordance with the Contract Documents in current
funds in the following amount subject to unit price actual
quantity variations:
$ 173,752.61 One Hundred Seventy-three Thousand Seven Hundred
Fifty-two Dollars and Sixty-one Cents
05/15/92 FORM OF AGREEMENT 00500-2
i
Article 5 - Payment Procedures
The CONTRACTOR shall submit Applications for Payment in
accordance with the General Conditions. Applications for
Payment will be processed as provided in the General
Conditions.
The OWNER shall make progress payments on account of the
Contract Price on the basis of the CONTRACTOR's Application
for Payment as recommended by the OWNER'S DESIGNATED
REPRESENTATIVE once per month during construction. All
progress payments will be on the basis of the progress of
the Work measured in accordance with the General Conditions
and Supplementary Conditions of the Contract.
Retention in the amount of ten percent (10%) will be
withheld from each progress payment until final payment is
made.
Upon final completion and acceptance of the Work in
accordance with the General Conditions and upon submittal of
all closeout documentation, OWNER shall pay the remainder of
the Contract Price, including release of retention, as
recommended by the OWNER'S DESIGNATED REPRESENTATIVE.
Article 6 - Contractor's Representations
In order to induce OWNER to enter into this Contract,
CONTRACTOR makes the following representations:
1. CONTRACTOR has familiarized itself with the nature
and extent of the Contract Documents, Work, site,
locality, and all local conditions and Laws and
Regulations that in any manner may affect cost,
progress, performance, or furnishing of the Work.
2. The CONTRACTOR has studied carefully all reports
of explorations and tests of subsurface conditions
and drawings of physical conditions which are
included in the Contract Documents.
3. The CONTRACTOR has obtained and carefully studied
(or assumes responsibility for obtaining and
carefully studying) all such examinations,
investigations, explorations, tests, reports, and
studies which pertain to the subsurface of
physical conditions at or contiguous to the site
or otherwise may affect the cost, progress,
performance or furnishing of the Work as
CONTRACTOR considers necessary for the performance
or furnishing of the Work at the Contract Price,
within the Contract Time and in accordance with
the other terms and conditions of the Contract
Documents, including specifically the provisions
of paragraph 4.2 of the General Conditions; and no
05/15/92 FORM OF AGREEMENT 00500-3
additional examinations, investigations,
exploration, tests, reports, studies, or similar
information or data be or will be required by the
CONTRACTOR for such purposes.
4. The CONTRACTOR has reviewed and checked all
information and data shown or indicated on the
Contract Documents with respect to existing
Underground Facilities at or contiguous to the
site and assumes responsibility for the accurate
location of said Underground Facilities.
5. The CONTRACTOR has correlated the results of all
such observations, examinations, investigations,
explorations, tests, reports, and studies with the
terms and conditions of the Contract Documents.
6. The CONTRACTOR has given the OWNER written notice
of all conflicts,, errors, or discrepancies that he
has discovered in the Contract Documents and the
written resolution thereof by the OWNER is
acceptable to the CONTRACTOR.
Article 7 - Contract Documents
The Contract Documents which comprise the entire agreement
between the OWNER and the CONTRACTOR concerning the Work
consist of the following:
1. Notice of Award
2. This Agreement (pages 1 to 6, inclusive).
3. Public Construction Bond
4. Bidding Documents - Notice of Calling for Bids,
Instructions to Bidders, Bid Proposal, Pre -Bid
Substitutions, Scope of Work, Milestone Schedule
5. Notice to Proceed
6. General Conditions (pages 0 to 31, inclusive).
7. Supplementary Conditions (pages 1 to 3, inclusive).
8. General Requirements - Application for Payment,
Submittals, Progress Schedules, Temporary Controls,
Construction Cleaning, and Post -Bid Substitutions.
9. Technical Specifications bearing the title Roadway
Improvement - Saddlebunch Keys Roads I and dated May
1991.
05/15/92 FORM OF AGREEMENT 00500-4
10. Drawings, consisting of a cover sheet and sheets
numbered 1 through 5, inclusive with each sheet bearing
the following general title:
ROADWAY IMPROVEMENTS - Saddlebunch Keys Roads I
Saddlebunch Keys Monroe County Florida
11. Addenda numbers i/ to , inclusive.
12. CONTRACTOR's Bid Proposal (pages 1 to 9, inclusive).
There are no Contract Documents other than those listed
above in this Article. The Contract Documents may only be
amended, modified, or supplemented as provided in the
General Conditions.
Article 8 - Miscellaneous.
Terms used in this Agreement which are defined in Article 1
of the General Conditions will have the meanings indicated
in the General Conditions.
No assignment by a party hereto of any rights under or
interests in the Contract Documents will be binding on
another party hereto without the written consent of the
party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are
due may not be assigned without such consent (except to the
extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any
written consent to an assignment no assignment will release
or discharge the assignor from any duty or responsibility
under the Contract Documents.
OWNER and CONTRACTOR each binds itself, its partners,
successors, assigns and legal representatives to the other
party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
Article 9 - Other Provisions
In cases of conflict within the described Contract Documents
in Article 7 of this Form of Agreement, the order of
precedence shall be as follows:
1. This Agreement
2. Bidding Documents with all/any addenda
3. General Requirements
4. Supplementary Conditions
5. General Conditions
6. Technical Specifications
7. Drawings (large scale detail drawings over smaller
scale general drawings)
05/15/92 FORM OF AGREEMENT 00500-5
IN WITNESS WHEREOF, the OWNER and CONTRACTOR have signed this
Agreement in triplicate. One counterpart each has been delivered
to the OWNER, CONTRACTOR, and COUNTY ENGINEER. All portions of
the Contract Documents have been signed or identified by the OWNER
and CONTRACTOR or by ARCHITECT/ENGINEER on their behalf.
This Agreement will be effective on JULY 15 1992
OWNER: Monroe County BOCC
Monroe County, Fla
♦ w
By
D YO GE, Clerk
Attest
iAddress for giving not' es
Monroe County Engineer Dept.
5100 College Road
Key West, FL 33040
(A7OVED AS TO FOR"
rqEGA ICI Y..
By
Agorney's 'ce
Date
Address for giving notices
eAl&,CA 1. AC;A04 LT Co.. QV- 5
46 90 N. IN. 72 AIJI . , IVIA1s1I El- - 3 3166
01/10/92 FORM OF AGREEMENT 00500-6
Vr_
SECTION 00110
PROPOSAL FORM
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/o PURCHASING DEPARTMENT
PUBLIC SERVICE BUILDING, ROOM 002
5100 COLLEGE ROAD, STOCK ISLAND
KEY WEST, FLORIDA 33040
BID FROM:
The undersigned, having carefully examined the Work and reference
Drawings, Specifications, Proposal, and Addenda thereto and other
Contract Documents for the construction of:
ROADWAY IMPROVEMENTS - Saddlebunch Keys Roads I
Saddlebunch Keys, Monroe County, Florida
and having carefully examined the site where the Work is to be
performed, having become familiar with all local conditions
including labor affecting the cost thereof, and having
familiarized himself with material availability, Federal, State,
and Local laws, ordinances, rules and regulations affecting
performance of the Work, does hereby propose to furnish all
labor, mechanics, superintendents, tools, material, equipment,
transportation services, and all incidentals necessary to perform
and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said Drawings,
Specifications, and other Contract Documents including Addenda
issued thereto.
The undersigned further certifies that he has personally
inspected the actual location of where the Work is to be
performed, together with the local sources of supply and that he
understands the conditions under which the Work is to be
performed. The successful bidder shall assume the risk of any
and all costs and delays arising from the existence of any
subsurface or other latent physical condition which could be
reasonably anticipated by reference to documentary information
provided and made available, and from inspection and examination
of the site.
The undersigned shall perform the work at the Unit Price
Indicated on the following Bid Form. Further, it is understood
that the Bid Form Quantities are estimated for evaluation
purposes only and that the final contract price will be
determined from the actual quantities measured for payment in
accordance with the Contract Documents.
01/10/92 BID PROPOSA1,00110 - 2
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01/10/92 BID PROPOSAL 00110 — 3
ADDENDUM NO. 1
ROADWAY IMPROVEMENTS
Saddlebunch Keys Roads I
Saddlebunch Keys, Monroe County, Florida
May 29, 1992
This addendum forms a part of the Contract Documents and modifies
the original Project Manual for the above named project.
The following deletions, modifications and or clarifications are
to be incorporated into the project manual:
Clarification No. 1:
Items 6a., 7a., 8a., 9a., 10a., and lla. are alternate bid items
on page 00110-3 of Section 00110 BID PROPOSAL of the Project
Manual.
Clarification No. 2:
Disregard 1.03 Payment Items as numbered in Section 01025
MEASUREMENT AND PAYMENT of the Project Manual. Use Item numbers
for the item descriptions found of on page 00110-3 of Section
00110 BID PROPOSAL of the Project Manual. Payment determination
for 18" and 8" yellow pavement markings (thermoplastic) will be
in accordance with that for 4" yellow pavement markings
(thermoplastic).
Modification No. 1:
Add to Section 01025 MEASUREMENT AND PAYMENT of the Project
Manual: Item 2 (02209) EARTHWORK (Regrading Roadway Shoulders),
a. Measurement of items for earthwork, regrading of shoulders
will not be made, but will be based on the percentage of Type
S-III Asphaltic Concrete Leveling Course (1/2" min.) completed
to date of payment application and 100% upon final request at
project completion.
b. Payment for Earthwork (Regrading Roadway Shoulders) will be
made at the percentage of the lump sum price. The percentage
will be determined as stated above.
Modification No. 2:V-1
Disregard pavement radii as indicated on the plans where roads
connect U.S. 1. All pavement radii connecting roads to U.S. 1
shall be 50 feet.
05/29/92 ADDENDUM NO. I Page - 1
ROADWAY IMPROVEMENTS, Saddlebunch Keys Roads I
Deletion No. 1:V
Delete Cleaning of Existing 14" Concrete Culvert (Station
16+50+/- West Circle Drive) from sheet 3 of 5 of the Contract
Plans and Item No. 11 of Section 01025 MEASUREMENT AND PAYMENT
of the Project Manual.
05/29/92 ADDENDUM NO. 1 Page - 2
ROADWAY IMPROVEMENTS, Saddlebunch Keys Roads I
■
I acknowledge receipt of Addenda No. (s) 1 MAC/Z�! 19gZ�
I have included pages 1 through 9 of the Bid Proposal which entails
the Proposal Form %/', the required Bid Security V the Lobbying
and Conflict of Interest ClauseV"O', the Sworn Statement of Public
Entity Crimes ✓ , and the Non -Collusion Affidavit
(Check mark items above, as a reminder that they are included.)
Mailing Address: 48 SD /V W -%?- A1,19
/ I I FL6Z1 DA 73
Phone Number:
Date • Z 3 ZyNE ( 'jQZ Signed:
O1/10/92
L (Zotar-erA. LePEZ
(Name)
_ PKES IDENT
(Title)
Witness:
(Seal)
BID PROPOSAL
00110 - 4
Section 00110
SLORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THiS FORM MUST BE SIGNED iN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
�. v
1, This sworn statement is submitted to (print name of the pubLic entity)
by 9-01A LO PEZ �(prI
nt aj vndual's na ae)
for
(print name of entity submitting sworn
whose business is
and (if applicable) it Federal Employer identification Number (FEIN) is
59-I��sz-97 cif
the entity has no FEiN, include the Social Security Number of the individual signing this sworn statement:
2. 1 understand that a "public entity crime" as defined in Paragraph 287.1330 )(g), Florida Statues, 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 of the United States, including, but not limited to, any bid or contract for good or services
lic entity or an agency or political subdivision of any other state or of the
to be provided to any pub
t, fraud, theft, bribery, collusion, racketeering, conspiracy, or
United States and involving antitrus
material misrepresentation.
3. 1 understand that "convicted" or "con
o viction" as defined in Paragraph 287.133(1)(b), Florida Statues,
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 tcharges 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.
4. 1 understand that an "affiliate" as defined in Paragraph 287.133(i)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2.An entity under the control of any natural person who is active in the management of the entity and
who has been convicted of a public entity crime. The term "affiliate" includes those officers,
directors, executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of sharecons iteut ng notfor controlling
interest
in another person, or a pooling of equipment or income among persons
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.
5, i understand that a "person" as define
d in Paragraph 287.133(1)(e), Florida Statues, means any natural
person or entity organized under the laws of any state or of the United States with the legal power
to enter into a binding contract and which bids
h ch othor erwise transaclies to bid ts orntracts for the applies to transact business
n of
goods or services let by a public entity,
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.
6. Based on information and belief, the statement which 1 have marked below is true in relation to the
entity submitting this sworn statement. (indicate which statement applies.)
Ol/ 10/92
BID PROPOSAL 00110 - 5
Neither the entit submitting this sworn statement nor an of its off' Y 9 Y officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management of
f� the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management of
p� the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the management of
`s the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer
of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing
Officer determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN
PARAGRAPH 1 (ONE) ABOVE 1S FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY P71OR TO
ENTERING INTO A CONTRACT IN EXCESS OR THE THRESHOLD AMOUNT PROVIDED IN SECTION 287. , FLORIDA STATUES rOR
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. i
I -A Ile
(signature) �+
Z3 5��� 19`iZ
(date)
STATE OF F L & 2 I,DA
COUNTY OF ID A D IT
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
R C BEiZT A. LOPE L who, after first being sworn by me, (name of individual signing)
affixed his/her signature in the space provided above on this 2 '� RD day of TyN '93 -
NOTARY PUBLIC
My commission expires:
ROTART PUBLIC STATE OF FLORIDA AT LARGE
MY COMMISSION EXPIRES APRIL 20, 1993
For�i7_�l�rm�LiQ� 1'w
pfin' Rw: C7 54 ni eta}v c 1`,ira:) f•eh:•�
U).[.]
iyry and ntm4v+r ;.4 I.P.
DID takd do oct'h' or
01/10/92 BID PROPOSAL 00110 - 6
Section 00110
Non -Collusion Affidavit
I, 2jr!)66 &= A (, npCZ__ of the cit)•of M1AhA% Or ELQP,1bA
according to law on my oath, and wider penalty, of perjury; depose and sa), that,
L) /am /�2G"5/DEN%
of die jinn of G �A)C mA L_ A s P "AL.-r_� sic .. the bidder makitng
tie Proposal for the project described uh the notice for calling for bids for. RO A C -J A y Z M
Pp.ovGAA W $JI5 SADDLz8UA1,CH K6XS ?.6A.DS. I
and that I arcuted the said proposal with full authority to do so;
2) the prices in (Isis bid have been anted or independently without collmion, coruuhotioN eonurnnrnieation or agreanau for
t'e pwpose of restricting congu(irion, as to any matter relating to such process µtit' any other bidder or widh any
competitor,
3.) unless otherµ Ise required by law, the prices whit' have been quoted in this bid have not been bhowin&ly, disclosed by die
bidder and will not knowingly be disclosed by due bf( + and will nor be knowingly disclosed by the l idiler prior to bid
opcnin& directly or indirectly, to any other bidder or to any competitor, and
4.) no attempt has been made or will be made by the bidder to induce any other person, parunaship or corporation to subrr;4
or not to submit, a bid for the purpose of restricting�peritioil;
5.) the staicntants contained in this affidavit c and corrcetr nd r e with fill/ btowlcdgc that Afonroe Cowity relics
upon site truth of tic starcinenu coat • cd i» this ,dat'il in gr•�ng contracts for said project
Z7 ..SUNWJgS�
(Sigrnaturc of B(Dart)
STATE OF: P Lb{_ { LA
COUN7Y OF: D A D
PERSONAL LYAPPEA 1� BEFORE HE, the undersigned authority, /py p; � W�4B572�2�i2.µ'hv, ajtez first being sxo�r�y
mG t�o/3E/LT /f LOfWZJnannc of i nditidual signing) o%fircd his/her signature in to space provided above on this 2.3 cry
of :1., — - 19qz..
NOTARY PUBLIC.:: "L? R[_�
'Cyr^, rind rtum1w. t !..U.
My conunission eytires:
111'sD uke art s''t, ar
DID N'37' take an oath.
(VOTARY PUBLIC STATE OF FLORIOA LAEGE
\ MY COMMISSION EXPIRES AFRIL 20, 1993
01/10/92 BID PROPOSAL 00110 - 7
Section 00110
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
- G 9'N(3 P—a, A SF`y rN�
(Company)
warrants that it has not employed, retained or odhcrkive had act on its behalf arg• former Count' officer or ernplo)w subject to the
prohibition of Scction 2 of Ordinance No. 010-1990 or any Cotmy officer ar crrtployre in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provi.ciorh dhc Count' may; in its discrctiort, terminate ►ltis contract without liahiliy may also, it: its dixcredorti
deduct from the contract a• purchase price, or otherwise recover, c jell onhount of any jec, conrnticsirnr, !x uagc, gifj, pr rnaciderotion na:i
to the jonncr Couthq• officer or crnployce" i ett
Date: _ Z Z S'CiNE lqqz-
STATE OF_ FLlj(zi UN
COUNTY OF A 14j I
PERSONAI_LYAPmARED BEFORE m& the undersigned authority', 40 yi4 L S. ]7`�
W� 6Trki a who, ofirr first being sworn
by nre, offircd hisprcr sigiature �2, $ If Q1— /4 h nf7/name of individual sipting) in the space p•ovir?ed abom all this Z3E.p
day of _ M> /V F 19g?
I'I). commission chpires:
1,
tll Mff PUBLIC STATE Or HDI'D4 AT IRGE
f VIAL! CONMISSIoa EXPIRES AfAll. tot Dq
PiR' typ^ c- s,. ro^ •.. cf Nzb!-.TJ (>rbl;a
n
Lujj
.-.a... u.+:.aRa.c7..ase:.eo�.sen.ro.�o
rJ DID'
KO j trl,- a:t o, th.
NOTARY PUBLIC
01/10/92 BID PROPOSAL 00110 - 8
SEABOARD SURETY COMPANY
PUBLIC WORK
STATE OF FLORIDA
PERFORMANCE AND PAYMENT BOND BOND NO. 23892792
KNOW ALL MEN BY THESE PRESENTS,
That we, General Asphalt Comnan�, Inc. _
as Principal and Seaboard Surety Company as Surety are bound to
Monroe County Board of County Commissioners
herein called Owner, in the sum Of -One -Hundred Seventy Three Thousand Seven-RindrPd
Fifty Three and 00/100--------------------------- ----(L73,753.00------- ----Pol la rs
for the payment of which we bind ourselves, our personal representatives,
successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated July 15th 19992
with Owner for Roadway Improvements- Saddlebunch Keys Roads I Saddlebunch Keys
Monroe County. Florida
Which contract is by reference made a part hereof, and is hereinafter
referred as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
1. performs the contract at the times and in the manner prescribed in the
contract and
2. promptly makes payments to all persons supplying Principal with labor,
materials, and supplies, used directly or indirectly by Principal or
subcontractors in the prosecution of the work provided for in the
contract as prescribed by section 255.05, Florida Statutes, provided that:
No suit or action for labor, materials or supplies shall be instituted
hereunder against the Principal or the Surety unless both of the
following notices have been given by any claimant:
"A claimant, except a laborer, who is not in privity with the Princi-
pal and who has not received payment for his labor, materials or
supplies shall, within 45 days after beginning to furnish labor, ma-
terials, or supplies for the prosecution of the work, furnish the
Principal with a notice that he intends to look to the bond for pro-
tection; and
A claimant who is not in privity with the Principal and who has not
received payment for his labor, materials or supplies shall, within
90 days after performance of the labor or after complete delivery
of materials or supplies, deliver to the Principal and to the Surety
written notice of the performance of the labor or delivery of the
materials or supplies and of the nonpayment.
No action shall be instituted against the Principal or the Surety
on the bond after one (1) year from the performance of the labor
or completion of delivery of the materials or supplies."
3. pays Owner all loss, damages, costs and attorneys fees that Owner sus-
tains because of default by Principal under the contract and
4. performs the guarantee of all work and materials furnished under the
contract applicable to the work and materials, then this bond is void;
otherwise it remains in full force.
The provisions and limitations of section 255.05, Florida Statutes,
are incorporated in this bond by reference.
SIGNED, SEALED and DATED this 28th day of July 1992
GENERAL
By
Witness: By
By,
Florida Resid
MICHAEL BONET
N,
ABOARD -SURETY COMPANY
I( ure y)
Agent & At orney-in-Fac
Title)
FORM 574 2/61
9
-- SEABOARD SURETY COMPANY
ADMINISTRATIVE OFFICES, BEDMINSTER, NEW JERSEY___
-- POWER OF ATTORNEY — -
--
KNOW ALL MEN BY THESE PRESENTS: That SEABOARD SURETY COMPANY, a corporation of the State of New York,
made, constituted and appointed and by these presents does make, constitute and appoint Michael Bonet o
Franklin E. Wheeler or M. Stephen Jackman or Sam Seitlin or R=Louis
Seitlin
of
Miami, Florida
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and 11
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 authori
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
"Policies, bonds, recognizances, 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 Vice -President or a Resident Vice -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 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 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 loth
day of . .._ _ August - - 19. 91
Attest: EAB D SU ETY M AN .
1927
%Or* Wy°`� (Seal) C/-- ==-a"' i�---. 0 U- --- --------------------------- - ---- -
By
Assistant Secretary _ - — - ce-Pr-
STATE OF NEW JERSEY
COUNTY OF SOMERSET
On this `..-3 4th . day of Augut s_ - --� 19 ..91.. , before me personally appeared
--Micha€l -B. Keegan - a Vice -President of SEABOARD SURETY COMPANY,
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of -New- Jersey-
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 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 s d his reto as Vice -President of
said Company by like authority.
FEL1 M. ZUB!YCKI
�% NOTAF>' PUBLIC Or NEW JE-P3EY
(Seal o R. t My Cutnm fW3 _es Jane 4,W96 — --
tary Public
CERTIFICATE
No
_ rvEW fir_ _� �� �_
1,the undersigned Assistant Secretary of SEABOARD SURETY COMPANY 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 Officers authorized by the Board of Directors to appoint an attorney -in -fact as provided in Article VII, 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 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 seal of the Company and of the signature of an Assistant Secretary on any
certification of the correctness of a copy of an instrument executed by the President or a Vice -President pursuant to Article VII, Section 1, of the By -Laws
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or other
instruments described in said Article VII, Section 1, with like effect as if such seal and such signature had been manually affixed and made. hereby is
authorized and approved "
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporates I of the Company to these presents this
Q�suaEr� _ 28t.1.1. day Of ------- �19.92 * Ca
1927
Assistant Secr t
Form 957
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
CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)
B/21/92
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
Collinsworth, Alter, Nielson, CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Fowler $c Dowling, Inc.DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY T E
POLICIES BELOW.
Post Office Box 9315 COMPANIES AFFORDING COVERAGE
Miami Lakes, FL 33014-9315
COMPANY
l�
A
LETTER
Northern Insurance
Co O
INSURED
COMPANY B
LETTER
Northern Insurance
1 "
Co
COMPANY
C
General Asphalt Co., Inc.
LETTER
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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DD/YY) DATE (MM/DD/YY)
A GENERAL LIABILITY B IND0290B6 7/01 /92 7/01 /93 GENERAL AGGREGATE $ 1000000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ 1 OOOOOO
CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ 1 OOOOOO
OWNER'S &,CONTRACTOR'S PROT. EACH OCCURRENCE $ 1000000
FIRE DAMAGE (Any one fire) $ 50WO
MED. EXPENSE (Any one person) $ 5000
B AUTOMOBILE LIABILITY B IND029086 7/01 /92 7/01 /93 COMBINED SINGLE S 1000000
X ANY AUTO LIMIT
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
BODILY INJURY S
(Per person)
BODILY INJURY $
(Per accident)
1
PROPERTY DAMAGE S
EACH OCCURRENCE $
AGGREGATE S
88001505 1 /01 /92 1 /01 /93 X STATUTORY LIMITS
EACH ACCIDENT $ 2000000
DISEASE —POLICY LIMIT $ "`,1' 000000
DISEASE —EACH EMPLOYEE $ 2000000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
The certificate holder is added as Additional
Insured as respect to Liability and work being perform by the insured
Re: Saddlebunch Keys Rd I — Roadway Improvement
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Monroe County MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Engineering Dept LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
5100 College Rd LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
Key West, F1 33040
AUTHO$1i c f?EPREYNT�TIVEharFrench
ACORD 25-S (7/90) ,'ACORD CORPORATION 1990
2— 5