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11/18/1986 ContractSECTION 00500 CONTRACT THIS AGREEMENT, made and entered into this 18 day of November , 1986, A.D., by and between Monroe County, Florida, party -oT the first part (hereinafter sometimes called the "Owner"), and Redland Construction Co. 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 BLUEGILL LANE, CUTTHROAT DRIVE AND BLACKBEARD ROAD SUMMERLAND KEY/CUDJOE KEY/LITTLE TORCH 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 75/100 One Hundred Fifty Three Thousand Eight Hundred Dollars ($153,878. ). Seventy eight and 75 100 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. 00500-1 04-004.58 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the surface of the site and has made sufficient test holes, or other subsurface investigations to fully satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings and Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against 'the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Specifications shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the terms of this Contract and/or of the Drawings, and Specifications covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Drawings and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Drawings and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of Two Hundred Dollars ($200.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not a penalty, but is the stipulated amount of damages sustained by the Owner in the event of such default by the Contractor. 00500-2 04-004.58 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 30 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10%) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the Work, the Contractor shall, at his expense, and within three days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 1.08 CONTRACT DOCUMENTS A. The Contract Documents, as stated in the Instructions to Bidders and attached hereto, are as fully a part of this Contract as if herein repeated. An enumeration of the Drawings accompanying these Contract Documents follows: Sheet No. Title 1 Cover Sheet 2 Typical Section and Details 3 Plan and Profile 4 Plan and Details 5 Details 00500-3 04-004.58 IN WITNESS WHEREOF the parties hereto have and date first above written in three (3) counte proof or accounting for the other counterparts, be Signed, Sealed and Witnessed in the presence of:** (*) In the event that the Contracto each counterpart a certified cop the Corporation, authorizing the behalf. arty By: A executed this Agreement on the day rparts, each of which shall, without d e a al Contract.* tion Part CIA III& ( Seal ) C,a ILAJ 9 Party of the Second Part By: • Title Attest: //NY L. KOLHAGE, Clerk cc,e. (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. 00500-4 04-004.58 AULRIIU CONSTRUCTION CO., INC. {'r W"(-i CONTRACTORS CONCRETE CONSTRUCTION CO,AI'LF"TE LAND DEVELOPMENT 23799 ` A'J. I �67 A�,I NUE e HOMESTEAD, FLORIDA 33031 OFFICE: 247-322o STATE OF FLORIDA ) COUNTY OF DADE ) I HEREBY CERTIFY th,lt „ mecting of the Board of Directors of REDLAND CONSTRUCTION CO. , INC. , a corporation under the laws of the State of FLORIDA , held on DECafBER 19 , 19 86 the following resolution was duly passed and adopted: "RESOLVED, that C . P. MUNZ as Vice- President of the corporation, be and he is hereby authorized to execute the Contract dated November 18,E 1986, 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 art and deed of this corporation." I further certify that :id resobiticn is now in full force and effect. IN WITNESS WHEREOF, I have hcrcunto set my hand and affixed the official seal of the corporation this 19th(,,.)- of _December 1�86 s SECTION 00610 PERFORMANCE BOND STATE OF FLORIDA ) ss COUNTY OF11150e- ) KNOW ALL MEN BY THESE PRESENTS that REDLAND CONSTRUCTION. COMPANX) as Principal, hereinafter called' Contractor, and HARTFORD FIRE INSURANCE COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of'1,*V.15AVh lawaDollars ($ �S��l 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 NOV 1966 , 19_, entered into a Contract with Owner for: ROADWAY IMPROVEMENTS BLUEGILL LANE, CUTTHROAT DRIVE AND BLACKBEARD ROAD SUMMERLAND KEY/CUDJOE KEY/LITTLE TORCH 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 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 04-004.58 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 hey have a Best's Key Rating Guide General/ l/ Policyholder's Rating of TM-i- " and Financial Category of "Class X V 00610-2 04-004.58 IN WITNESS WHEREOF, the above bounded' r ' executed this instrument under their several seals, this day of raC f 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). WITNESSES: aulm- '6&a) WITNESS: FRANK B. MALL & CO. of FLORIDA 2600 DOUGLAS ROAD CORAL- GABLES, FLA. 33134 P. O. BOX 343800 CORAL GABLES, FLA. 33134, TELEPHONE: 448-2211 PRINCIP REDLA,ND,JONSTRUCTION kl'e�-An-' de"n� Title Business Address City State SURETY: FIRE INSUKANCE COMPANY tt,6rnev-in- essBA e y � Name of Local Insurance Agency 00610-3 (Affix (Seal (Affix (Seal 04-004.58 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut 210197 POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY. a cor- poration duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford. County of Hartford. State of Connecticut, does hereby make, constitute and appoint DONALD A. KAPLAN, JAMES H. WATERS, JOHN K. PEPPER, N.ARVIN R. HAVEN, EVANTHIA QUESADA, KAAP,EN REAGAN and BARBARA TYSINGER of CORAL GABLES, FLOFIDA its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies: guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed -by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice - Presidents, Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice -President, Resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authority given to him. SECTION 11. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 11th day of June, 1976: RESOLVED: Robert N. H. Sener. Assistant Vice -President and Thomas F. Delaney, Assistant Vice -President, shall each have as long as he holds such office the same power as any Vice -President under Sections 6, 7 and 8 of Article IV of the By -Laws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August, 1976. RESOLVED, that, whereas Robert N. H. Sener, Assistant Vice -President and Thomas F. Delaney, Assistant Vice -President. acting with any Secretary or Assistant Secretary, each have the power and authority, as long as he holds such office, to appoint by a power of attorney. for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice -Presidents, Assistant Secretaries and Attorney -in -Fact; Now, therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile. and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed. duly attested by its Secretary, this 1st day of April. 1983. Attest: HARTFORD FIRE INSURANCE COMPANY Mary Scharf, Secretary v STATE OF CONNECTICUT,) Robert N. H. Sener COUNTY OF HARTFORD, )y ss Assistant Vice -President On this 1st day of April, A.D. 1983, before me personally came Robert N. H. Sener, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice - President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. C STATE OF CONNECTICUT, � Gloria Mazotas, Notary Public ss. My Commission Expires March 31, 1988 COUNTY OF HARTFORD. CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corpora- tion, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore. that Article IV, Sections 8 and 11. of the By -Laws of the Company, and the Resolutions of the Board of Directors, set forth in the Power of Attorney. are now in force. �[ Signed and sealed at the City of Hartford. Dated the day of D (� a 19 r�1tJ// R4. Form 5-3507-3 (HF) Printed in U.S.A. David A John Son Assistant Secretary CERTIFICATES AS TO CORPORATE PRINCIPAL I, Anne ate. r.,au&#& , certify that I am the Secretary of the Corporation named as Principal in the within bond; that 0,.0 MUNt- who signed the said bond on behalf of the Principal, was then N8& - �Pjee s . 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. G"Xthu Corporate Secretary Seal STATE OF FLORIDA ss COUNTY OF &Q ) 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 HARTFORD FIRE INSURANCE CO IPANY and that he has been authorized by POWER OF ATTORNEY n E9 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 DEC 11 19Q6 , 19,, A.D. (Attach Power of Attorney) *'az� Notary Public State of Florida -at -Large My Commission Expir yry Public S Y UUMMISsion Expires ut June 29, ig u END OF SECTION 00610-4 04-004.58 SECTION 00620 STATE OF FLORIDA ss COUNTY OF ) PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS that REULAND GONSIRUCTION CUM as Principal, hereinafter called Contractor, and HARTFORD Fitts Y. as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafte called Owner, in the amount_of 75 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 Nov 18 19% , 19_, entered into a Contract with Owner for: ROADWAY IMPROVEMENTS BLUEGILL LANE, CUTTHROAT DRIVE AND BLACKBEARD ROAD SUMMERLAND KEY/CUDJOE KEY/LITTLE TORCH 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 performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 00620-1 04-004.58 C. No suit or action shall be commenced hereunder by any claimant: 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefor. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. 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 th y have a Best's Key Rating Guide General Policyhold� rating of " '*� " and Financial Category of "Class X ✓ ". 00620-2 04-004.58 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this day of UPC 11 19 , A.D., the name and corporate seal of each corporate party being here o 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 a WITNESSES: WITNESS: FRANK B.14ALL & CO, of FLORIDA, 2600 DOUGLAS ROAD 134 CORAL GABLES, FLA. p O. BOX 343800 CpRAI, GABLES, FLA. 33134 TEIAP'ONE: 448-2211 seal). ( Affix (Seal 1?3qC C, �5. ui � /& 7 Ike, Business Address City State SURETY: MPANY :Bzusss Address ity State Name of Local Insurance Agency 00620-3 (Affix (Seal R 04-004.58 HARTFORD FIRE INSURANCE COMPANY Hartford. Connecticut 2101y4 POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD FIRE INSURANCE COMPANY, a cor- poration duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford. County of Hartford. State of Connecticut. does hereby make. constitute and appoint DONALD A. KAPLAN, JAMES H. WATERS, JOHN K. PEPPER, N_ARVIN R. HAVET,, EVANTHIA CUESADA, KAAREN REAGAN and BARBARA TYSINGER of COPAL GABLES, FLORIDA its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies: guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, -------------------------------------------------- and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof. This power of attorney is granted by and under authority of the following provisions: (1) By -Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 9th day of March, 1971. ARTICLE IV SECTION 8. The President or any Vice -President, acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice - Presidents, Resident Assistant Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice -President. Resident Assistant Secretary, or Attorney -in -Fact, and revoke the power and authority given to him. SECTION 11. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY duly called and held on the 11th day of June, 1976: RESOLVED: Robert N. H. Sener, Assistant Vice -President and Thomas F. Delaney, Assistant Vice -President, shall each have as long as he holds such office the same power as any Vice -President under Sections 6. 7 and 8 of Article IV of the By -Laws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day of August, 1976. RESOLVED, that, whereas Robert N. H. Sener, Assistant Vice -President and Thomas F. Delaney, Assistant Vice -President, acting with any Secretary or Assistant Secretary, each have the power and authority, as long as he holds such office, to appoint by a power of attorney, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof. one or more Resident Vice -Presidents, Assistant Secretaries and Attorney -in -Fact; Now, therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice -President, and its corporate seal to be hereto affixed. duly attested by its Secretary, this 1st day of April, 1983. Attest: HARTFORD FIRE INSURANCE COMPANY owl_"�_'__ l ,✓ _ v Mary Scharf, Secretary STATE OF CONNECTICUT.) Robert N. H Sener COUNTY OF HARTFORD. )y ss Assistant Vice -President On this 1st day of April, A.D. 1983, before me personally came Robert N. H. Sener, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice - President of the HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. STATE OF CONNECTICUT, ) C Gloria Mazotas, Notary Public l)ss My Commission Expires March 31, 1988 COUNTY OF HARTFORD. CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corpora- tion, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore. that Article IV, Sections 8 and 11, of the By -Laws of the Company, and the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the day of DEC 17David 0 19 ►� R Form S-3607-3 (HF) Printed m U.S.A. ��i A Johnson t Secretary CERTIFICATES AS TO CORPORATE PRINCIPAL I, Anne-& %-ude0 , certify that I am the Secretary of the Corporation named as Principal in the within bond; that 6-P. naNL, who signed the said bond on behalf of the Principal, was then V�Ce-- �ke5. 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. amttt &Urtty Corporate Secretary Seal STATE OF FLORIDA COUNTY OF&62 ) ss 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 HARTFORD FIRE INSURANCE COMPANY and that he has been authorized by POWER OF ATTORNEY ATTACHED 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 (� 11 ��, 19_, A.D. (Attach Power of Attorney) 7dLl�C� Notary Public State of Florida -at -Large My Commission Expires: flo �Pu l's Slate of Porv, at END OF SECTION on xpires June 29, [ 1999 00620-4 04-004.59