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04/05/1982 AgreementC O N T R A C T THIS AGREEMENT, made and entered into this 5 th day of April 1 19 82 A.D., by and between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and SOLTIBLASTERN ELECTRIC SERVICES, INC. , party of the second part (hereinafter sometimes called the "Contractor"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1 SCOPE OF THE WORK 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: INSTALLATION OF TRAFFIC LIGHT AND ROADWAY STRIPING CARD SOUND ROAD AND C-905 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 re- quired by this Contract and the other Contract Documents. ARTICLE 2 THE CONTRACT SUM 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: 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 Con- tract Documents, the aggregate amount of this Contract is the sum of Fourteen Thousand Eight Hundred twenty-three and 00/100 Dollars [$14,823.00 T- ARTICLE 3 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 for beneficial use not later than 90 calendar days after receipt of Notice to Proceed. ARTICLE 4 CONTRACTOR'S ACCEPTANCE OF CONDITIONS The Contractor hereby agrees that he has carefully examined the surface of the site and has made sufficient test holes, or other subsurface investiga- tions to fully satisfy himself that such site is a correct and suitable one for this work and he assumes full responsibility therefor. The provisions of IE-1 401-002.19 this Contract shall control any inconsistent provisions contained in the spec- ifications. All Drawings and Specifications have been read and carefully con- sidered by the Contractor, who understands the same and agrees to their suffi- ciency for the work to be done. It is expressly agreed that under no circum- stances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. 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. 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 Con- tract 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 Spec- ifications. 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. Fail- ure 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 re- cover the reasonable cost of such replacement and/or repair from the Contrac- tor 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. ARTICLE 5 LIQUIDATED DAMAGES a. It is mutually agreed that time is of the essence of this Con- tract 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. 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 com- pletion of the work shall be considered a day scheduled for production. IE-2 401-002.19 ARTICLE 6 PARTIAL AND FINAL PAYMENTS In accordance with the provisions fully set forth in the General Condi- tions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: a. 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. b. 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 specifica- tions have been furnished and are found acceptable by the Owner, final payment on account of this Agreement shall be made within sixty [601 days after com- pletion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. ARTICLE 7 ADDITIONAL BOND It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Contract Bond hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond 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. ARTICLE 8 CONTRACT DOCUMENTS The Contract Documents, as stated in the Instructions to Bidders and at- tached 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 Plan & Details 3 Striping Plan and Quantities 4 Concrete Pole Detail IE-3 401-002.19 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.* Approved as to correctness of form: Signed, Sealed and Witnessed in the presence of:** Board of County Commissioners Monroe County, Florida Party the First art L By: George E. Dolezal Chairman Attest: ` N. JSeal] 1ph b White Clerk of the Board of County Commissioners SOUTHEASTERN ELECTRIC SERVICES,INC. Party of the Second Part By: - it-, 10 'Fred G. Astor ra..:a AO-*, Title Attest: • [Seal] Leslie Je Stick, Assistant Secretary [*] 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. ["c*j Two witnesses are required when Contractor is sole ownership or partner- ship. IE-4 401-002.19 C E R T I F I C A T E (Sample) STATE OF FLORIDA ) COUNTY OF )ss I HEREBY CERTIFY that a meeting of the Board of Directors of SOUTHFASTFRN MMMIC S RVICES,I1NC. , a corporation under the laws of the State of Florida , held on Afar L IS 1982 the following resolution was duly passed and adopted: "RESOLVED, that Fred G. Astor as Vice- President of the corporation, be and he is hereby authorized to execute the Contract dated April 5 , 1982, 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 10rday of April , 1982. f ffg-a &:(24"I�W400'e- Assist Secretary Les ie Jean Swick - END CONTRACT - IE-5 401-002.19 PERFORMANCE BOND STATE OF FLORIDA ) COUNTY OF DAD ) ss S KNOW ALL MEN BY THESE PRESENTS that SO=AS =T =C7.'RIC SERVICES, INC. as Principal, hereinafter called Contrac- tor, and VISURANI E CO-MPAP;Y OF NORTH AMRICA as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County Florida as Obligee, hereinafter called Owner, in the amount of Ai *40�i-shwp 4jj! W q-0-rY ThHtgE N��f pa Dollars [$ 4 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 April 5 19_a2, entered into a Contract with Owner for: INSTALLATION OF TRAFFIC LIGHT AND ROADWAY STRIPING CARD SOUND ROAD AND C-905 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: 1. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be en- titled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion% f 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 Contrac- tor to properly and in all things, keep and execute all of the provisions of said Contract. 2. 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 IF-1 401-002.19 provide that the Contractor guarantees to repair or replace for said period of one [11 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 expir- ation 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, re- paired 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 [51 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. 3. 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 ac- companying 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. 4. The surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of A4" " and Fi- nancial Category of "Class". IF-2 401-002.19 CERTIFICATES AS TO CORPORATE PRINCIPAL I Leslie Jean Swick ,Assistant certify that I am the of the Corporation named as Principal in the within bond; that Tied G. Astor who signed the said bond on behalf of the Principal, was then Vice -President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. 4o (4�Sorporate Assistant Secretary Seal Leslie Jean Swick STATE OF FLORIDA ) COUNTY OF �r )ss Before me, a Notary Public, duly commissioned, qualified and acting, per- sonally appeared JOHN K_pFpppR to me well known, who being by me first duly sworn upon oath, says that he is the Attorney -in -Fact, for the INSURANCE COMPANY OF NORTH AMERICA and that he has been authorized by POWER OF ATTORNEY ATTACHFO 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 19 , A.D. [Attach Power of Attorney to Original Bid Bond and Financial Statement from Surety Company] day of - MAY 31982 , Notary P%4&j Y)1�� ublic State of Florida -at -Large My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JULY 25 1985 - END OF PERFORMANCE BOND BONDED THRU GENERAL INS , UNDERWRl.TE$S, IF-4 401-002.19 POWER OF ATTORNEY INNINSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and SA of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on lune 9, 19S3." does hereby nominate, constitute and appoint R. LESLIE CIZEK, JR. , SANDRA K. CUMMINGS, LINDA FAST, KENNETH C. GATHINGS, G. W. HAYNES, DONALD A. KAPLAN, JOHN K. PEPPER and PETER T. PRUITT, all of the City of Coral Gables, State of Florida , each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said ...................... C...UINEL..DRAKE............................. Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this ............ ...14th.........---............ day of ............. June ........................... 19....7.9......... (SEAL) STATE OF PENNSYLVANIA INSURANCE COMPANY OF NORTH AMERICA by ....................... C •...DANIEL.. DRAKE ........... ............ Vice -President COUNTY OF PHILADELPHIA 1 ss. On this .................. 1.4th................ day of .................June................., A. D. 19..7.9........ , before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came .._................ ...................... ................................. ..C...DANIEL..DRAKE..................................................................... Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding in: the corporate seal of said Company; that the said corporate seal and his signature were duly affixed b le*; 0rSl9 direction of the said corporation, and that Resolution, adopted by the Board of Directors of said tO .Jet !�o in the preceding instrument, is now in force. `fy IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at t C y of Philadelphi , the day and year first above written. 4 * OF ...............Iil1U FN ..$G1�E....;..... 'k ldotary Pub�c /. ' commissicn expires August 13, 1979 % y. 'A SrLv►� undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, dd Ott af, OWER OF ATTORNEY, of which the foregoing is a full, true and corr 't g g y, is to full n ct. mess whereof, I have hereunto subscribed my name as slant Secreta a fftxed the corporate seal o ration, this.. ....... ........ day of ................. .. i/ ..... 19..... .... .... .._........ _... T INSURANCE COMPANY OF NORTH AINERICA— (p&0 U S. Government bonds Other bonds ............. Common stocks ........... Preferred woks .......... Mortgages ................ Real estate .. Cash ..... .............. I'remium hai,ul,es ..... Miscellaneous ....... .... Total Assets ' AS.tif :TS Dec 11. Dec 31. Dec.31. 1972 1976 1977 5124.028 1-4 $131,116 1,051. 144 1.742,9V 1 2.3'1,351 476.264 821.0111 91s04 554.141 35,765 9.062 2,265 4.705 4,841 12.240 9._48 9.913 31,474 61.085 $5,953 il,s �� 2ct),297 �11.111 I15.610 258.627 302,222 S2.4ol.549 $3,307.680 $3.851,941 *LIABILITIt:1 Dec 11. Dv 31. Dec 31. 1972 11476 1917 Losses -ad). expenses........ $552.779 S1.777.495 $2.029.511 Taxes-cxpenses ............ 16.02 42.532 75,95t Unearned premiums ........ 442.076 705.616 776,142 Dividends to stockholders ... 6.814 Dividends to policyholders .. 149 200 250 Reinsurance treaty funds .... 20.543 45.732 186,61) Ceded reins. bal. payable ... 49,121 44,833 Miscellaneous ............. 12.716 131,521 111,211 tUnauthorized reinsurance .. 29.267 19.693 30.730 tExcess stat. loss reserve .... 204 220 Total Liabilities ......... $1,080.296 S2.7733N S3.255,615 Capital ................... 56,775 69.3b6 67.266 Minority interest .......... .5 Net surplus . ........ ... 768.640 465.991 529,047 Total .... .... ..... SLIA0,716 $3.307.680 $3,851.947 Policyholders' surplus ...... $925.420 $534.177 S596.332 PAYMENT BOND STATE OF FLORIDA j ss COUNTY OF KNOW ALL MEN BY THESE PRESENTS that SOUTHEASTERN ELECTRIC SERVICES, INC. as Principal, hereinafter called Contrac- tor, and INSURANCE COIKPAI`NY OF NORTH MERICA as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County, Florida, as Obligee, hereinafter called Owner, in the amount of fbyR'[6wJ-ih+vs�.�o GIG}►T Htrt►Vt50 'T )q-TIK¢C Dollars [$1 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 April 5 , 19_2, entered into a Contract with Owner for: INSTALLATION OF TRAFFIC LIGHT AND ROADWAY STRIPING CARD SOUND ROAD AND C-905 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: 1. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Princi- pal of any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Chapter 255.05(1) of the Florida Statutes. 2. 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 per- formance 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. IF-5 401-002.19 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall within forty-five (45) days after begin- ning to furnish labor, materials or supplies for the prosecu- tion of the work, furnish the Principal with a notice that he intends to look to this bond for protection. b. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claim- ant's performance of the labor or complete delivery of mate- rials 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. C. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and sup- plies; it being understood, however, that if any limitation em- bodied 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. d. 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 pro- ject, or any part thereof, is situated, and not elsewhere. 4. 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 Con- tract. 5. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Con- tract or to the work to be performed thereunder or the Specifications applic- able 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 Specifi- cations. 6. The Surety represents and warrants to the Owner that hey have a Best's Key Rating Guide General Policy older's rating of " f— " and Financial Category of "Class ". IF-6 401-002.19 IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this ._ day of 4xi(-- 19$2, 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). PRINCIPAL: SODU AS=T FE .E(.'IRIC SERVICES, I'NTC . .,f f i, Signature of Authorized O'fficer [Seal WITNESSES: Fred G. Astor VICE-PRESIDENT Title 16101 N. W. 57th Avenue Business Address Miami, Florida. 33014 City State SURETY: WITNESS: ENSURANCE COMPANY OF NOR ERICA Co Apr, e Surety A [Affix rney-in-Fa [Seal Name of Local Insurance A FRANK B. HALL & CO. of FEMbA 2600 DOUGLAS ROAD CO-,ZAL GABLES, FLA. 33134 3 `30 CORt�L GABLES, FLA. 33134 iELEI'ilONE: —Is 2211 IF-7 401-002.19 CERTIFICATES AS TO CORPORATE PRINCIPAL Leslie Jean Swick Assistant I, , certify that I am th Secretary of the Corporation named as Principal in the within bond; that Fred G. Astor who signed the said bond on behalf of the Principal, was then Vice -President of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. STATE OF FLORIDA ) COUNTY OF DADE )ss 9 A�Z�6orporate AssistantSecretar Seal Leslie Jean Swick Before me, a Notary Public, duly commissioned, qualified and acting, per - sonally 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 INSURANCE COMPANY OF NORTH AMERICA 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 MAY .91982 , 19 , A.D. [Attach Power of Attorney to Y�•«� r�1,rC. Original Bid Bond] Notary Public State of Florida -at -Large My Commiss*buRExpiILE5SATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES JULY 25 1985 BONDED THRU GENERAL INS , UNDERWRI TERS - END PAYMENT BOND - IF-8 401-002.19 POWER OF ATTORNEY M INSURANCE COMPANY Of NORTH AMERICA PHILADELPHIA, PA. Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution adopted by the Board of Directors 'of the said Company on May 28, 1975, to wit: "RESOLVED, pursuant to Articles 3.6 and S.1 of the By -Laws, the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) That the President, or any Vice -President, Assistant Vice -President, Resident Vice -President or Attorney -in -Fact, may execute for and in behalf of the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the President or any Vice -President may appoint and authorize Resident Vice -Presidents, Resident Assistant Secretaries and Attorneys -in -Fact to so execute or attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto. (2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary. (3) The signature of the President or a Vice -President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certitying officer and. the seal of the Company may be affixed by facsimile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. (4) Such Resident Officers and Attorneys -in -Fact shall have authority to certify or verify copies of this Resolution, the By -Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953." does hereby nominate, constitute and appoint R. LESLIE CIZEK, JR. , SANDRA K. CUMMINGS, LINDA FAST, KENNETH C. GATHINGS, G. W. HAYNES, DONALD A. KAPLAN, JOHN K. PEPPER and PETER T. PRUITT, all of the City of Coral Gables, State of Florida , each individually if there be more than one named, its true and lawful attorney -in -fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed and acknowledged by the rfgularly elected officers of the Company at its principal office. IN WITNESS WHEREOF, the said ......................C..1 AFL..DRAKK............................I Vice -President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this ................ 1.4th........ ................ day of ............. June ........................... 19....7.9......... INSURANCE COMPANY OF NORTH AMERICA tSEAL) by ....................... C... DANTEL.. DRAKE. ........... Vice -President STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA / ss. On this ......... ......... 1.4th...... .......... day of .................June................., A. D. 19..7.9........ , before me, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, came ................... .... .................. ......................... ......... ..C...DANIEL..DRAKE..................................................................... Vice -President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding T instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding iro the corporate seal of said Company; that the said corporate seal and his signature were duly affixed bFtftor� direction of the said corporation, and that Resolution, adopted by the Board of Directors of said i-,r t !�o in the preceding instrument, is now in force. `ry IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at t C y of Philadelphi , the day and year first above written. • OF ............... MAU..UZ. N... $.CHE ,...; *........................... ?� �� o• , 1Votary Pubic commission expires August 13, 1979 y. ",4 SVLv`q - undersigned, Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, dd �' r ad OWER OF ATTORNEY, of which the foregoing is a full, true and corr g g y,.is to full n ct. w tness hereof, I have hereunto subscribed my name as slant Secret& a ffixcJ the corporate seal ration, this........... ............._1982... day of ................. ...... i ..... 19..... .... .... ..............i ...... _..... :.... ;;:_ Ci! Ortba DPparlairnt of FtatP I certify that the attached is a true and correct copy of Certificate of Amendment to the Articles of Incorporation of SOUTHEASTERN ELECTRIC SERVICES, INC., changing its name to SES ELECTRIC SERVICES, INC., a Delaware corporation, filed on May 17, 1982, as shown by the records of this office. The charter number of this corporation is 849404. `vcvpF �H� E�7T � r LU a6 ? a '~ CoD w El Vol S (5iben unber mp hanb anb the oreat meal of the estate of _floriaa, at nllaha55ee, the capital, this thr 19th Dap of May, 1982. george jre5tone ,6kartary of Mate APPL'ICATICN BY FOREIGN CORPORATION TO FILE AMENDED APPLICATION FOR AUTHORIZATION TO TRANSACT BUSINESS IN FLORIDA m Southeastern Electric Services, Inc. (NAME OF CORPORATION AS IT APPEARS ON ORIGINAL APPLICATION OR LAST AMENDED APPLICATION) (2) Delaware INCORPORATED UNDER LAWS OF MA. IF THE AMENDMENT CHANGES THE NAME OF THE CORPORATION, HAS THE CHANGE BEEN EFFECTED UNDER THE LAWS OF ITS JURISDICTION OF INCORPORATION? Yes (YES OR NO) B. NAME OF CORPORATION AFTER AMENDMENT, ADDING THE WORD "CORPORATION", "COMPANY". OR 'INCORPORATED" IF NOT CONTAINED IN THE NEW NAME OF THE CORPORATION SES Electric Services, Inc - MA. IF THE AMENDMENT CHANGES, LIMITS OR ENLARGES THE BUSINESS PURPOSES OF THE CORPORATION, IS THE CORPORATION AUTHORIZED TO DO SUCH BUSINESS UNDER THE LAWS OF ITS JURISDICTION OF INCORPORATIONS✓y (YES OR NO) B. PROPOSED BUSINESS PURPOSES WITHIN FLORIDA N/A VICE AESIDENT AS TANT SECRETARY STATE OF COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ' r" Gilbert L. Bieger DAY OF `� 19 � . BY NAME OF OFFICER Vice President OF SES Electric Services, Inc. TITLE OF OFFICER NAME OF CORPORATION A Delaware CORPORATION.•ON BEHALF OF THE CORPORATION. NOTARY PUBLIC Notary Pubtrt. State of r.orida at Large (SEAL) }.!y CC.-nn;S3;On Ei;�:.-es 1_,2 20.1982 .-nc7P. 9t, _ - . : ✓ 01'fiee of SIEC UETAR ' OF STAa1E I, Glenn C. Kenton, Secretary of State of the State of Delaware, do hereby certify that the attached is a true and correct copy of Certificate of knendment filed in this office on March 8, 1982 Fi ,., r� o Glcnn C. Kerlu.n. Secretary of Stott i t BY: 1 March 8, 1982 DATE: --- Form 130 Certificate of Amendment of Certificate of Incorporation of Southeastern Electric Services, Inc. It is hereby certified that: 1. The name of the corporation (hereinafter called the "Corporation") is Southeastern Electric Services, Inc. 2. The certificate of incorporation of the Corporation is hereby amended by striking out Articles First and Second thereof and substituting in lieu of said Articles the following new Articles: "First: The name of the corporation (herein- after called the "Corporation") is SES Electric Services, Inc. Second: The address of the Corporation's registered office in the State of Delaware is 229 South State Street, City of Dover, County of Kent, State of Delaware, 19901. The name of its registered agent at such address is The Prentice -Hall Corporation System, Inc." 3. The amendment of the certificate of incorporation herein certified has been duly adopted in accordance with the provisions of Sections 228 and 242 of the General Corporation Law of the State of Delaware. Signed and attested to on March Z , 1982. -P 0�• Vice- President Attest: Assistant Secr tary CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE California Union Insurance Company Address 3807 Wilshire Blvd. - Los Angeles of caiirornia 90076 has issued policies of insurance, as described below and identified by a poli- cy number, to the insured named below; and to certify that such policies are in full force and effect at this time. It is agreed that none of these poli- cies will be cancelled or changed so as to affect the interest(s) of the Insured (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancellation or change has been delivered to the Owner's Engineer; Post, Buckley, Schuh & Jernigan, Inc. Insured Southeastern Public Service Co - Including Southeastern Electric Address Services Inc. 16101 NW 57th Avenue Florida 33014 Status of Insured * Corporation Partnership Individual Location of Operations Insured Description of Work INSURANCE POLICIES IN FORCE Forms of Coverage Policy Number Expiration Date 'Worker's Compensation/Employers' Liability +Comprehensive Automobile Liability *Comprehensive General Liability Contractual Liabilitv ±Excess Liability CU002034 10/1/82 Other (Please specify type) POLICY INCLUDES COVERAGE FOR: I. Additional Insured: Post, Buckley, Schuh & Jernigan, YES NO Inc. and Owner. x 2. *Liability under the United States Longshoremen's and Harbor Workers' Compensation Act. x 3. +All owned, hired, or nonowned automotive equipment used in connection with work done for the Owner. x IG-22 401-002.19 POLICY INCLUDES COVERAGE FOR: (Continued) 4. 'Damage caused by explosion, collapse or structural injury, and damage to underground utilities. 5. 'Products/Completed Operations 6. *Owners and Contractors Protective Liability 7. °Liability assumed in the Contract 8. *Personal Injury Liability 9. ±Excess Liability applies excess of: (a) Employers' Liability (b) Comprehensive General Liability (c) Comprehensive Automobile Liability (d) Contractual Liability YES X —X- -R— X X -X X X NO LIMITS OF LIABILITY FORM OF COVERAGE BODILY INJURY PROPERTY DAHAGE Worker's Compensation Statutory Employers' Liability $ Each Accident Comprehensive Each occurrence - Automobile Liability $ Combined Single Limit BI/PD Comprehensive Each occurrence - General Liability $ Combined Single Limit BI/PD Contractual Liability Each occurrence - Excess Liability $ 1,000,000 Combined Single Limit BI/PD Other (please sQecify type) The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Owner's Engineer when so requested. NOTE: Entries on this certificate are limited to the Authorized Agent or Insurance Company Representative. Date June__7, 1982 (SEAL) California Union Insurance mpany 4 Issued at Miami Beach, Florida t orized Representative Insurance Agent or Company - Send original and one copy to: Post, Buckley, Schuh & Jernigan, Inc. 513 Whitehead Street Key West, Florida 33040 IG-23 401-002.19 rj CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE Insurance Co. of North America Insurance Company Address Omni International, Atlanta, GA of has issued policies of insurance, as described below and identified by a poli- cy number, to the insured named below; and to certify that such policies are in full force and effect at this time. It is agreed that none of these poli- cies will be cancelled or changed so as to affect the interest(s) of the Insured (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancellation or change has been delivered to the Owner's Engineer; Post, Buckley, Schuh & Jernigan, Inc. Insured Southeastern Public Service - Tncl„cling Southeastern Electr;r Address Services, Inc. 16101 NW 57th Avenue Miami FL 33014 Status of Insured X Corporation Partnership Individual Location of Operations Insured Same Description of Work INSURANCE POLICIES IN FORCE Forms of Coverage Policy Number Expiration Date *Worker's Compensation/Employers' Liability RSC-C1-761301-7 10/1/82 +Comprehensive Automobile Liability 'Comprehensive General Liability Contractual Liabilit ±Excess Liabilit Other (Please specify type) POLICY INCLUDES COVERAGE FOR: YES NO I. Additional Insured: Post, Buckley, Schuh & Jernigan, Inc. and Owner. X 2. *Liability under the United States Longshoremen's and Q Harbor Workers' Compensation Act. X 3. +All owned, hired, or nonowned automotive equipment used in connection with work done for the Owner. x IG-22 401-002.19 POLICY INCLUDES COVERAGE FOR: (Continued) YES NO 4. *Damage caused by explosion, collapse or structural injury, and damage to underground utilities. X 5. °Products/Completed Operations X 6. *Owners and Contractors Protective Liability X 7. *Liability assumed in the Contract X 8. *Personal Injury Liability X 9. ±Excess Liability applies excess of: (a) Employers' Liability X (b) Comprehensive General Liability X (c) Comprehensive Automobile Liability X (d) Contractual Liability X LIMITS OF LIABILITY FORM OF COVERAGE BODILY INJURY PROPERTY DAMAGE Worker's Compensation Statutory Employers' Liability $ 100,000 Each Accident Comprehensive Each occurrence - Automobile Liability $ Combined Single Limit BI/PD Comprehensive Each occurrence - General Liability $ Combined Single Limit BI/PD Contractual Liability Each occurrence - Excess Liability $ Combined Single Limit BI/PD Other (please specify type) The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Owner's Engineer when so requested. NOTE: Entries on this certificate are limited to the Authorized Agent or Insurance Company Representative. Date —June 7, 1982 (SEAL) Insurance Co., of North America Insurance C mpany Issued at Miami Beach, Florida orized Representat ve Insurance Agent or Company - Send original and one copy to: Post, Buckley, Schuh & Jernigan, Inc. 513 Whitehead Street Key West, Florida 33040 IG-23 401-002.19 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THAT THE National Union Fire Insurance Co., of Insurance Company Address Pittsburgh - 70 Pins Street, of New York. New York has issued policies of insurance, as described below and identified by a poli- cy number, to the insured named below; and to certify that such policies are in full force and effect at this time. It is agreed that none of these poli- cies will be cancelled or changed so as to affect the interest(s) of the Insured (hereinafter sometimes called the Owner) until thirty (30) days after written notice of such cancellation or change has been delivered to the Owner's Engineer; Post, Buckley, Schuh & Jernigan, Inc. Insured Southeastern Public Service, Co., - Including Southeastern Electric Address Services, Inc. 16101 NW 57th Avenue, Miami, FL 33014 Status of Insured * Corporation Partnership Individual Location of Operations Insured Same Description of Work INSURANCE POLICIES IN FORCE Forms of Coverage Policy Number Expiration Date *Worker's Compensation/Employers' Liabilit +Comprehensive Automobile Liability BA 1453756 10/1/82 *Comprehensive General Liability GLA 5334386 10/1/82 Contractual Liability Included #Excess Liabilitv Other (Please specify type) POLICY INCLUDES COVERAGE FOR: YES NO 1. Additional Insured: Post, Buckley, Schuh & Jernigan, Inc. and Owner. X 2. *Liability under the United States Longshoremen's and Harbor Workers' Compensation Act. X 3. +All owned, hired, or nonowned automotive equipment used in -connection with work done for the Owner. X IG-22 401-002.19 POLICY INCLUDES COVERAGE FOR: (Continued) YES NO 4. *Damage caused by explosion, collapse or structural injury, and damage to underground utilities. X 5. °Products/Completed Operations X 6. *Owners and Contractors Protective Liability X 7. *Liability assumed in the Contract X 8. *Personal Injury Liability X 9. #Excess Liability applies excess of: (a) Employers' Liability _ X (b) Comprehensive General Liability _ X (c) Comprehensive Automobile Liability _ X (d) Contractual Liability X LIMITS OF LIABILITY FORM OF COVERAGE BODILY INJURY PROPERTY DAMAGE Worker's Compensation Statutory Employers' Liability $ Each Accident Comprehensive Each occurrence - Automobile Liability $ 500,000 Combined Single Limit BI/PD Comprehensive Each occurrence - General Liability $ 500/500,000 Combined Single Limit BI/PD Contractual Liabilitv 500/500.000 Each occurrence - Excess Liability $ Combined Single Limit BI/PD Other (please specifv tvve) The Insurance Company hereby agrees to deliver, within ten (10) days, two (2) copies of the above policies to the Owner's Engineer when so requested. NOTE: Entries on this certificate are limited to the Authorized Agent or Insurance Company Representative. Date June 7. 1982 (SEAL)National Union Fire Ins. Co., of Pitts. Insurance mpany Issued at Miami Beach, Florida ?uth�o�rized Representative Insurance Agent or Company - Send original and one copy to: Post, Buckley, Schuh & Jernigan, Inc. 513 Whitehead Street Key West, Florida 33040 IG-23 401-002.19