12/19/1990 ContractSECTION 00500
F 7CQ� CT
THIS AGREEMENT, m�r �d e ke d * to this 19TH day of DECEMBE
1990 A.D., by anti` 91=n b oe ounty, Florida, party of t e first part
m ereafter sometimes called the "Owner"), and The General Asphalt Co., party of
the second part (hereinafter. sometimes- called the "Contractor").
WITNESSETH: Thai , they parties ,hereto,A 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
SUGARLOAF KEY ROADS I
SOUTH POINT DRIVE/CYPRESS ROAD
CEDAR LANE/BANYAN LANE/CROTON COURT
HOLLY LANE/TAMARIND ROAD/EAST POINT DRIVE
WEST POINT DRIVE/DOGWOOD LANE/BAMBOO COURT
HAWKSBILL LANE/LOGGERHEAD LANE/DATE PALM DRIVE
SUGARLOAF KEY, 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
One Hundred Eighty -Seven Thousand Five Hundred Twenty -Six Dollars ($
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 120 calendar days after
receipt of Notice to Proceed.
00500-1 04-009.05
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.
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.
00500-2 04-009.05
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 pf 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 file 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 clay 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 infull, 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
00500-3 04-009.05
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 Cover Sheet
2 Typical Sections and Details
3-7 Plan
00500-4 04-009.05
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.
-- -- .
AppppyED AS TO FORM
p SUFFICIENCY.
By �AUOYSffice
Signed, Sealed and Witnessed in the
presence of:* *
MONROE COUNTY (4iti
Party of the First Part
• w
By:
Mayor/Chairman
Attest:
(Seal)
•, GEnEITL ASPHALT 0
Party of - • . Part
Title
Attest:
(Seal)
(*) In the event that the Contractor is a Corporation, there shall be attached to
each counterpart a certified copy of a resolution of the Board of Directors of
the Corporation, authorizing the officer who signs the Contract to do so in its
behalf.
(*) Two witnesses are required when Contractor is sole ownership or partnership.
00500-5 04-009.05
General
Asphalt co., Inc.
STATE OF FLORIDA)
ss
COUNTY OF DADE )
I HEREBY CERTIFY that a. meeting of the Board of Directors of
General Asphalt Co., Inc., a corporation under the laws of the State
of Florida, held on 11 January, 1991, the following resolution was
duly passed and adopted:
"RESOLVED, that Royal S. Webster,Jr.,as
Vise - President of the corporation, be
and he is hereby authorized to execute the
Contract dated Dec. 19 1990, 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 11 day of January, 1991.
Asst. Sedretary
Plant: 4850 Northwest 72 Avenue, Miami, Florida 33166 (305) 592-3480 • Mail: P.O. Box 52-2306, Miami, Florida 33152
,,,.�'' �_� eullatx5 �t5au7gM
STATE OF FLORIDA )
ss
COUNTY OFZ)/Vz- )
SECTION 00610
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that as Principal, The General Asphalt
Company, 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 ($ . p O ) 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 December 19 ,
1990, entered into a Contract with Owner for:
ROADWAY IMPROVEMENTS
SUGARLOAF KEY ROADS I
SOUTH POINT DRIVE/CYPRESS ROAD
CEDAR LANE/BANYAN LANE/CROTON COURT
HOLLY LANE/TAMARIND ROAD/EAST POINT DRIVE
WEST POINT DRIVE/DOGWOOD LANE/BAMBOO COURT
HAWKSBILL LANE/LOGGERHEAD LANE/DATE PALM DRIVE
SUGARLOAF KEY, 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
00610-1 04-009.05
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.
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 h VI-
a Best's
Key Rating Guide General Policyholder's Rating of " I- and
Financial Category of "Class ✓N I'.
00610-2 04-009.05
IN WITNESS WHEREOF, the above bounded parties have executed this instrument
under their several seals, this day of Mp 1 0 199119_, 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.
WITNESSES: (If Sole Ownership or Partnership, two (2) Witnesses required).
(If Corporation, Secretary Only will attest and affix seal).
PRINCIPAL:
WITNESSES:
i
WITNESS:
(Affix
Signature of Authorized Officer Seal)
GENERAL ASPHALT COMPANY.11%
Name o r
(Affix
gnat of uthorize� facer Seal)
Big
4A521-2 A1.. !1/ 7.Z.Viff
Business Address
City State
SURETY:
SEABOARD SURETY COMPAN11/)
Corpsrijo-Surety
N
(Affix
Seal)
usiness Address
SEITLIN & COMPANY City State
8125 N.W. 53rd Street, Suite 2W
P.O. Box 025220 Name of Local Insurance Agency
Miami. FL 33102-5220 g y
N
O061O-3
04-009.05
ADMINISTRATIVE OFFICES. BEDMINSTER, NEW JERSEY
POWER OF ATTORNEY
KNOW ALL (MIEN 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 tephen 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 bonds, undertakings, recognizances
and other written obligations in the nature thereof; and any and all consent
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 duty 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 authorit}e
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'enstrumehts 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 seat 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
y of D
day _-_ -.ecember
.-. , 19 -8-8
�° Attest: ` _ -SEABO R SU TY COMPANY,
1927 - ` r
B ^--
.,lfor W 4 (Seal LQ_n4., y
- .--
Ass Secretary Vice- resident
STATE OF NEW JERSEY ss .
COUNTY OF SOMERSET —`
On this 22nd-------------- day of------ -ece��� -------- , 19.$�-.--. , before me personally appeared
__._ Michael ._B .__Ke.e-gan ...-- --------------------------
-- = aVice-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 thatlsigned his name thereto as Vice -President
Id pany by like authority. FELICE M. CATALANO
- NOTARY PUBLIC OF NEW JERSEY
(N l ' My Commission Exp. June 4, 1991 A
'A undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing
a fu71rue 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
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
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 t3eh c
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 ar
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-Lav
appointing and authorizing an attorney -in -fact to sign in the name and on behalf of the Company surety bonds, underwriting undertakings or oth
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
authorized and approved." -- — -
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
�%sT•
I, Cy.�TIS/�1l�SOM certify that I am the'�Secretary of the Corporation
named as Principal in the within bond; that &A1. BrtT who signed the
said bond on behalf of the Principal, was then 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.
LIA410—
(Corporate
4 5s7- Secretary)
Seal
STATE OF FLORIDA )
ss
COUNTY OF,G,Ve_ )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared JOHN 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 MRNEY AnACHM to
execute the foregoing bond on behalf of the Contractor named therein in favor of
the
Subscribed and sworn to before me this day of JAN 1 0 1991 19_, A.D.
(Attach Power of Attorney)
Nota ublic
State of Florida -at -Large
Notary Public State of tit,rr u
My Comrr�issioa Expires Dec. 9, 13K
My Commission Expires:
END OF SECTION
00610-4 04-009.05
SECTION 00620
PAYMENT BOND
STATE OF FLORIDA )
COUNTY OF pd,,j ) ss
KNOW ALL MEN BY THESE PRESENTS that as Principal, The General Asphalt
Company, hereinafter called Contractor, and SEABOARD SURETY COMPANY
as Surety, hereinafter called Surety, are held and
firmly bound unto Monroe County,Flor da as Obligee hereinafter called Owner, in
the amount of �d�DR�4�y !yE� iy0Dollars $
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 December 19 ,
1990, entered into a Contract with Owner for:
ROADWAY IMPROVEMENTS
SUGARLOAF KEY ROADS I
SOUTH POINT DRIVE/CYPRESS ROAD
CEDAR LANE/BANYAN LANE/CROTON COURT
HOLLY LANE/TAMARIND ROAD/EAST POINT DRIVE
WEST POINT DRIVE/DOGWOOD LANE/BAMBOO COURT
HAWKSBILL LANE/LOGGERHEAD LANE/DATE PALM DRIVE
SUGARLOAF KEY, 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
00620-1 04-009.05
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.
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 U►uted 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 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 Specifications.
F. The Surety represents and warrants to the Owner that they nave a L'est's
Key Rating Guide General Polic h lder's rating of
and Financial Category of "Class ".
00620-2 04-009.05
IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their •several seals, this day of JAN 1 0 ml 19 , 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: (If Sole Ownership or Partnership, two (2) Witnesses required).
If Corporation, Secretary Only will attest and affix seal).
WITNESS:
PRINCIPAL:
GENERAL ASPHALT COMPANY. X
(Affix
Si nature Authorize t is Seal)
Title
¢APso & 4) 7.4,AW
Business Address
3c3/6.G
City State
SURETY:
SEABOARD SUREry COMPA VY
F►��///fji% �>
•ney-in-Fa Seal)
AeVrIjIllis` %
Business
�. /"
Name of Local Insurance Agency
SEITLIN & COMPANY
8125 N.W. 53rd Street, Suite 200
P.O. Box 025220
Miami, FL 33102-5220
00620-3
04-009.05
Certified Copy
SEABOARD SURETY WWAI
No 0455 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, has
w 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
Hof 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 bonds, undertakings, recognizances
and other written obligations in the nature thereof; and any and all consent
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 du yt 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 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 ResidenC-
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 lime determine
The seal of the Company shall if appropriate be affixed thereto by any such officer, Attorney -in -Fact or representative Z
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 _22rnd
`day of .. December----19 .".$.8
* Attest: — "SEABO R SU TY COMPANY,
u 1927 _ —
'JfoF* 1i (Seal V...�—
_
Ass Secretary �- - Vice r
STATE OF NEW JERSEY
COUNTY OF SOMERSET ss
On this-22nd_-_--- -. day of __-�3EC�Il�� ._ 9 b fore me personally appeared
Michael _.$..._ Ke.C.gan ..._. ---- --- 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 signed his name thereto as Vice-Presidentc�
Id any by like authority. FELICE M. CATALANO
nip NOTARY PUBLIC OF NEW JERSEY
(� —s —_
�' My Commtsslon Exp. June 4, 1991
-- ---- ---- - --
1 Notary Public
9,
CERTIFICATE;
undersigned Assistant Secretary of SEABOARD SURETY COMPANY do hereby certify that the original Power of Attorney of which the foregoing is
a u rue 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 ols
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 i
authorized and approved."Zzi
ti_
IN WITNESS WHEREOF, I have hereunto set my hand and affixeddcp a of the Company to these presents thr
.
�' UflF
-...-.- �...... day of _ - ----- 1 }19
f T -
riF�FeEv1+°e=-
rm 957 (Rev. 7 84�
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
Xs5r
I, CUTS S/iyPsO� , certify that
I am the4'Secretary
of the Corporation
named as Principal in the
within bond; that
1j!2yAj, S7 Wgp1gab
50., who signed the
said bond on behalf of the
Principal, was then _
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.
(Corporate
,.SW;Secretary Seal)
STATE OF FLORIDA )
ss
COUNTY OF 4�45 )
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared JOHN K. PEPEEB to me well known, who being by me first duly
sworn upon oath, says that he is the Attorney -in -Fact, for the
SEABOAPD SURETY COMPANY
and that lie has been authorized by a'LR OF AT DRNFY ATTACHED to
execute the foregoing bond on behalf of the Contractor named ther(. n in favor of
Monroe County, Florida.
Subscribed and sworn to before me this day of JAN 1 0 1991 19_, A.D.
(Attach Power of Attorney)i-f
Notaryublic
State of Florida -at -Large
Notary Pub5c StatE of IGt1 .
My Commission Expires: My Cctmrr scmn Fxpka Dec. 9, 1992
END OF SECTION
00620-4 04-009.05
ISSUE DATE (MM/DD/YY)
CERTIFICATE OF INSURANCE
1/11/91
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Collinsworth, Alter, 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
LETTER
Assurance
Co of America
COMPANY
B
INSURED
LETTER
Assurance
Co of America
COMPANY
C
General Asphalt
Co., Inc.
LETTER
Northern
Insurance Co
Post Office Box
522306
COMPANY
Miami
FL 33152
LETTER
D
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
.TR
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
7/01 /90 7/01 /91 COMBINED
X ANY AUTO
SIM TLE $ 1 000
ALL OWNED AUTOS
BODILY
INJURY $
SCHEDULED AUTOS
(Per person)
X HIRED AUTOS
BODILY
X NON AUTOS
INJURY $
-OWNED
(Per accident)
GARAGE LIABILITY
PROPERTY
DAMAGE $
C EXCESS LIABILITY UB61928520
7/01 /90 7/01 /91 EACH AGGREGATE
X UMBRELLA FORM
OCCURRENCE
$5000 $ 5000
OTHER THAN UMBRELLA FORM
D SBOO 1505
1 /01 / 91 1 / 0 1 / 92 STATUTORY
WORKER'S COMPENSATION
$ 2000 (EACH ACCIDENT)
AND
$ {',,SL (DISEASE —POLICY LIMIT)
EMPLOYERS' LIABILITY
$ I n C 1 (DISEASE —EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Re: Contract no. 04-0090. 05
Road Improvement of Sugar Loaf,
Key Roads I
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Monroe County
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
Board of Co Commissioners
MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Stock Island
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Key West, Florida 33040
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHONZED
1 c h a rS�NTj�TIVE Fr e n c h '
ACORD 25-S (11/89)
(DACORD CORPORATION 1989
2-- 5
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMEESS
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted with Bid, Proposal or Contract No. 04-009.05
for Roadway Improvements of Sugar Loaf Key Roads T
2. This sworn statement is submitted by General Asphalt Co. , Inc.
name of entity submitting sworn statement
whose business address is 4850 N.W. 72nd Avenue, Miami, Fl. 33166 and
(if applicable) its Federal Employer Identification Number (FEIN) is -1 1 1 9297
(if the entity has no FEIN, include the Social Security Number of the individual signing this
sworn statement: -x- ).
3. My name is Royal S. Webster Jr. and my relationship to the entity named above
(please pnnt name of individual signing
is Vice President
4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g),
Florida Statutes, means a violation of any state or federal law by a person with respect to
an erect y 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 involvin
antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
S. 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 withut an o
a 1� udication 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 contenders.
6. I understand that an "affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime: or
or
b. An entity under the control of any natural persun who is active in the management of
the entity and who has been convicted of a public entity crime. The term "affiliate'
includes those officers, directors, executives, partners, shareholders, employees, members,
and agents who are active in the management of an affiliate. The ownership by one
person of shares constituting a 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 Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States
with the legal power toenter into a binding contract and which bids or applies to bid on
contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. Tue term 'person' includes
those officers, directors, executives, partners, shareholders, employees, members and
agents who are active in management of as entity.
8. Based on information and belief, the statement which I have marked below is true in relation
to the entity submitting this sworn statement. (Please indicate which statement applies.)
X Neither the entity submitting this sworn statement, nor any officers, directors, executives,
partners, shareholders, employees, members, or agents who arc active in management of the entity,
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (Please indicate which additional statement applies).
There has been a proceeding concerning the conviction before a hearing officer of the
gate of Florida, Division of Administrative Hearings. The final order entered by the hearing
officer did not place the person or affiliate on the convicted vendor list. (Please attach a
copy of the final order.)
The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
(Please attach a copy of the final order.)
The person or affiliate has not been
escn a any action taken by or pending with
FORM PUR 7068 (Rev. 11/89)
ETHICS CLAUSE
placed on the convicted vendor list. (Please
the Department of General Servic s.)
signature
Date: 14 January 1991
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
General Asphalt Co. Inc . warrants that it has not employed, retained or otherwise
had act on its behalf any former County officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-199D or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract of purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee .
signature
Date: 14 January 1991
STATE OF Florida
COUNTY OF Dade
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Royal S. Webster, Jr.
who, after first being sworn by me, affixed his/her signature (name of individual signing) in the
space provided above on this 14 t h day of
My commission expires: Nabry Public State of Florida
My Commission Expires Dec. 9, 1992
January
7WY PUBLIC