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10/18/2000 Agreement Section 00500 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AGREEMENT made as of the / b' 4z, (In Word5, indicate day, month and year.) day of ~ in the year of 2. 000 BETWEEN the Owner: (Name and address) Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 and the Contractor: (Name and address) General Asphalt Co., Inc. 4850 N. W. 7200 Avenue Miami, Florida 33166 For the following Project: (Include detailed description of project, location, address and scope) Little Torch Key Roads III Little Torch Key, Monroe County, Florida The Construction Manager is: (Name and address) Monroe County Engineer The Architect is: (Name and Address) Monroe County Engineer :J: 0 0 ""T1 0 z ).> t.- r :::0 -.~ fT'l ("':)~ :x- 0,"'.' z 0 I'T1 ;::r;:-< N "'T1 C') . r- oC'). e,.) C> c--.. :::J .........:;;:0..,.,." X- .0<-. 0 ;::0 -foe :x :< - .... t:!i f'I1 -r/ ;:,.... (") r. C" 0 r~ l'T1 :::0 ... C The Owner and Contractor agree as set forth below. 9/25/00 Standard Form of Agreement Between Owner and Contractor 00500-1 ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Scope of Work as specified in the Project Manual for this project, Section 00300. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Ten (10) calendar days from Notice to Proceed unless otherwise agreed in writing by Contractor and Construction Manager. Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner, through the Construction Manager, in writing not less than five days before commencing the Work. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (lnsen the caleruklr date or number of caleruklr days after the date of commencement. Also insen any requirements for earlier Substantial Completion of cenain ponions of the Work, if not stated elsewhere in the Contract Documents.) One Hundred Twenty (120) calendar days from date of Commencement. subject to adjustments of the Contract Time as provided by the Contract Document (lnsen provisions if any for liquidated damages relating to failure to complete on time> ) Liquidated damages will be assessed at the rate of $250.00 per normal working day following anticipated Substantial Completion date described above until such time as Substantial Completion is achieved. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Six hundred forty-eight thousand nine hundred twenty-eight and 90/100 Dollars ($648,928.90), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement. Attach a schedule of such other alternates showing the amount for each and the date until which that amount is valid.) 9/25/00 Standard Form of Agreement Between Owner and Contractor 00500-2 4.3 Unit prices, if any, are as follows: Unit prices as specified on Bid Form for this project from Section 00110 of Project Manual for this project, as submitted by Contractor and accepted for award of contract by Monroe County Board of County Commissioners. ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of the month, or as follows: Thirty days (30) after commencement of the work and every thirty days thereafter until completion of the project. 5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day of a month, the Owner shall make payment to the Contractor not later than the Twentieth day of the Same month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Twenty days after the Construction Manager receives the Application for Payment. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent (10 % ). Pending [mal determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Ten percent (10%):: 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 9/25/00 Standard Form of Agreement Between Owner and Contractor 00500-3 .' 5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety percent (90 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims: and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation ofretainage, if any, shall be as follows: (If it is intended, prior to Substantial completion of the entire Work, to reduce or limit the retainage resulting from the percentages insened in Subparagraphs 5.6.1 and 5.6.2 above, and this is not explained elsewhere in the Contract Documents, insen here provisions for such reduction or limitations) ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate for Payment haws been issued by the Construction Manager and Architect: such final payment shall be made by the Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows: ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (lnsen rate of interest agreed upon, if any) Zero Percent (0 % ) (Usury laws and requirements under the Federal TruJh in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Temporary facilities and services: (Here insen temporary facilities and services which are different from or in addition to those included elsewhere in the Contract Documents.) 7.4 Other Provisions: (Here list any special provisions affecting the Contract.) Special Conditions, if any are detailed in Section 01000 of the Project Manual for this Project 9/25/00 Standard Form of Agreement Between Owner and Contractor 00500-4 .' ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. Article 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 2000, and are as follows: Document Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date As listed in Table of Contents, Section 00001 of the Project Manual for this project. 9.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. 9.1.7 Other documents, if any, forming part of the contract Documents are as follows: (List here any additional documents which are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid. Instructions to Bidders, sample forms and the Contractor's bid are not part of the contract Documents unless enumerated in this Agreement. They should be listed here only /fintended to be part of the Contract Documents.) 9/25/00 Standard Form of Agreement Between Owner and Contractor 00500-5 Date ~ ([I, 2,.000 (SEAL) Attest: By: _*~ Title: S ,:;q~rA2Y BOARD OF COUNTY COMMISSIONERS ::M:sr::;~~ Mayor/Chairman By: Title: / pfa.. E' .s I DE:Nr END OF SECTION 00500 9/25/00 00500-6 Standard Form of Agreement Between Owner and Contractor r y' SECTION 00110 BID PROPOSAL The Bid Proposal shall be submitted on the torms included in this section at the Bidding Documents as previously instructed herein. Item Description Pages 1. Proposal Form 2-4 2. Non-Collusion Affidavit 5-6 3. Lobbying and Conflict of Interest Clause 7 4. Drug-Free Workplace Form 8 5. Bid Bond 9 6. Insurance Statement 10 7/13/00 BID PROPOSAL 00110-1 PROPOSAL FOR.\! BID TO: :\IONROE COUNTY BOARD OF COC~TI CO:\I~IISSIO:\ERS c/o PURCHASING DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 3100 COLLEGE ROAD, STOCK ISlA:\"D KEY WEST, FLORIDA 33040 G 'I ""'l A <:Pl11\: - /~""" -L'" J BID FROM: . eNE'1<...A _ .. l'~ MN<-l l..~,. I'-'C. . -P 4-856 lv. y\/. 72.~4VE"' , !\^ r- -- . ~-::!' / / J"ii \ L4 M t . r /...0 ~el [; A 2) ~ \eo.b .. The undersigned, having carefully examined the Work and reference Drawings, Specifications, ProposaL and Addenda thereto and other Contract Documents for the construction of: LITTLE TORCH KEY ROADS III Little Torch Kev Monroe County, Florida and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work i~ to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The successful bidder shall assume the risk of anv and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned shall perform the work at the Unit Price Indicated on the following Bid Form. Further, i is understood that the Bid Form Quantities are estimated for evaluation purposes only and that the final contract price will be determined from the actual quantities measured for payment in accordance with thE Contract Documents. 7/13/00 BID PROPOSAL 00110-2 s ~ o ~ "'0 . ,..... ~ ~ c ~ o U Q.) o 2 o ~ - - - In "'0 tU o ~ ~ (1J ~ ..c:: l:.J "" o f-; (1J - t .... ...J ~ ~ ~ \~'~ :g "~ \;J o 1 -f\ ~ I.... !\,'~ '-...j \\J ~ ~ ~1 ;::l... ""'.1 .\\,i o ,1,., U Q. ~- cr, ~ VI "', ~ << '~ c q '''- 0"" 1\ ~ ~. ~. ~ ;jJ -'Q {;4, ~ ~ tn "E lJ. V" ~ ;< . ,,, (1 ~ .: t ~.:::.'\ :~ \..) - (bid iorm) -' .A I~' ...' . I'" " , '1' 'I ,I i I I I I I ("'" i ~I \-4 \.~ ,~j ~. ~.~ ~ ~. ;,.,,> I ~"".......",, I .", ! -'" i ,'" ."' ."'" I., 1 '.J I : !~:i !'~"'~ ~~ 5 ~ "~~. ~ :,51 ,:..~ ~ t~ ~ ~ (j :~~ I ~~ I Gjl ~~ {) :51 ~s II~~ I: I~..' ~ I ':: : '~~~" ~""\. ,~.;.. 't".'~ ~~i.\ ,~ ~c., '- ;:'\. '7' to 9 M~ ~~ -: .... ," _." ..' .. t '.,.;; :,.'. N :::..; ';:'" " \~ "', ..;:::: ',~ ,.J. 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" ~~ ~ ~~!~~~~~ ~ < ;t~i-~~~ ~ ~ '" t.~ It-. ~ ~ ;;~ ,g ~ ~ 'ti ~ (~ ~ ("\ ~ 5 Ql "- S ~ ....., ..: 0,') "1: ,~ ,~ ~ j .... <:j ~ ~ ~ i::- ~ t" ~ ~ ~ E ::l E :? '2 v E 's ::l '" C 0 ::l .. ... '1:l ;:. .. E E .E:! < ~ '2 u en 'E c :J '6 <tI t:' in ... .. 0. ... ~ .. E .~ ... ..:.c: 0 E <tI ... .. Q.. "' N 0 i:Q a N < 0. < ~ <U ;:. .. ~ en .. .. E '0 .. '1:l Q::: '" 0 en .. ..". '0 ..c c 0 Q ~ ... en '0 E E '1:l E .. ::l Q::: t:. 0 Cj s ... E be E .. .. c .. ;:. 0 ::l ~ ... E ~ .. ..c .. ;:. 0 -; t:i t:i ... ;:. ::l =>0 'E ..c c 0 0 c 0- e: 0 .S .. t:. "E t:. .. .. ;:. Q. i:l.. 0 0 ... '" 's.. 0 i:l.. U u .. en ..c .. ,=: .. "- :~ a ~ Cj ~ ';:: :E Q. en .. =>0 l::: ,t: E ~ "- "- -; .. ;:. ... ... eo 0. 0. 0 =>0 '" ..:.c: -; .~ ~ l::: ,f: ~ ~ en ~ ~ - >- <!J :z E ~ - - CJ ..:.c: 0- E <tI Cj '" - >- >- >- "'" "'" :J .... "'" :J < < < ~ .... < < < < ;:I ..J (/J (/J en en ..J ...J ..J ..J ~ ~ ~ ..J t.l..l t.l..l ~ ~ ...... ...... ...... ...... N N ('l ..". 0 co N It'l .,. to <"l ~ ('l ...... 0 to N <"l ...... i- R N N '" It'l ~ 0 0 co ... ...... co ...... c<'l N ('l ('l ~ .... ...... t-.. N N ...... C t-.. t-.. '" U') <"l ...... co CI ...... ... ... ...... - '-' ':o.l .~ ;::: 0.... - ~ '- ..... i..: Co - '-' i:: ..... ..2 5 I ,....; N ... '" ~ r--: 00 ci ,....; N ~I '" ~ r--: o:i 0\ ci "j CJ Z <"l 0\ ... ..... '" cS ...... ...... .... - ..... ..... .... - ...... ..... N '" '" N I 7/13/00 BID PROPOSAL 00110-3 , . ~ ~ - r . .~ [ ack:-.mvledge receipt or .~ddenda ]\"0.(5) /1,/",/~//;- I ha\'e included pages 1 through 10 of}he Bid Proposal ,Nhich entails the Proposal Form t,/ the Non-Collusion .~ffidavit v", the Lobb~-ing ~nd Conilict or Interest Clause !".....~, the Drug-Free \Vorkplace Form ~/~, the B~i Bond V', the Bidder's Insurance Statement~ Also include a COD,' at 'valid licenses~ (Check mark items above, as ~ reminder that thev are included.) Mailing Address: ,pd,". A /\.--"" 'Ai \..:::' 8\1 E {2' L M ~ \-' h L.. T' (7..... .~ lC ............. ,,' -.p( '\I . .~ 12 ~J'i _ \{~~ , ... G. ..~.;I ~~_.J { b2-2~Ot) !.\ /\ ,,1\ J\ A I C"...; ..l"." j ,iP i.DI'A ,i)\I)', ,u~];q 'It ' I '- - ........ _ _ J ~~ Lb2_ Phone Number: ") 4~'~ /~ ,;. -A r ~'" --"'" .;if''''~- \. ,3 (.) <:;) f ,:':) '--:J 2 -.:1 . //;::1 . . :./"-;--' ~..-" .-,/,/ Date: 1<1 ~fo: pT~ -z.c,Oi,'j Signed: < ....;::- /"", , -~~ <;~~?/~;;~.~:'"~~::, ./ ~,/' / /-~;;~ . L/D '-' ^ l'~~ ,... 6 ~ C (2. T 1--\. 6().p 6,,-- (Name) Pi2.~S ~ PENT (Title) " .,~r"1~"f;:':;::;?:'<'I.:.:;;/;'.//;(t~t;;.;7 ,..."..' 'r>>-:J'lJ..-t:_-1C ..",(; ,C:t.(/J"t.~ ~' v . / Witness: (Seal) 7/13/00 BID PROPOSAL 00 1 1 0-4 NON-COLLUSION AFFIDAVIT f . A \ ..' !\ 1\ I, Kl"',>[:;E f2.,T '. LC::'t' a'Z... at the Clt~' at !;if d/~.i"lf" I oath, and under penalt? at perjury, depose and say that: ,.- ,.... I L.. , accordim;- to la'iN on ill'" '- . 1. I am D~:=S{"""'ttN r I j<''''' '""'~ I Gr:N~r2..AL ,4Sf/+.:.4I.i G./ live I the bidder making the Proposal for the project described in the notice tor calling tor bids for: LITILE TORCH KEY ROADS III Little T arch Kev Monroe County, Florida ot the hrm at and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3.) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectlYI to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 7/13/00 BID PROPOSAL 0011 0-5 " ~. ., /~'_~:7 .. ,Sz~i.~/~//' ... f.../.. /~h '~... _~. r....~ /"-'" J.~.-,-~/~~/ r /..._ _ ..z:.-;:;:/' (Signatur~brBidder) , ' _/ ) 9 -;; :;: :=.'~ i'f\ \3 E"E (Date) .""'" - '/ -.-'0. .,.... ,,-c.., u STATE OF: t-- i- Lv /2. I D A COUN'TY OF: ~\ 1/.\1'/\ I - DAD G: PERSON ALL Y APPEARED BEFORE ME, the undersigned authority, f< v .BE" 12:\ I~. ~ ?~ 7 who, after first being sworn by me, KbB!;l?_I- )~ ~ LJ,pl;iz'" (name of individual signing) affixed his/_ signature :t1~ in the space provided above on this ~ day of Se:"PT atN11~1JR., , 20 CD . NOTA My ?y p" OFFICIAL NOTARY SEAL ~p. v<9<: ROYAL S WEBSTER JR O~r ",('\ <'.' I I 'I C0MNl9SlON NUMBER .. l * ~ l. ;'"JI <(" CC669401 71<- ~ $' MY COMMISSION EXPIRES OF f'-O AUG. 8,2001 7/13/00 BID PROPOSAL 00110-6 LOBBYING AND CONFLICT OF INTEREST CLAUSE S",VORN STATEMENT UNDER ORDINANCE NO. 010-1990 l\tIONROE COUNTY, FLORIDA " GE""~ ER-A! A.sPi-l A LT G:J., TN C. <" (Company) "... warrants that it has not emploved, retained or otherwise had act on its behalf any former County .. .;. officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, termin_~te this contract without liability and may also, ill its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,g!ft, or consideration,p,aid to the former County officer or employee". STATE OF COUNTY OF / 6-,_ /';"?" ;,,;:;' ~ >~ / /;;~,::,J~7 l~/.. I. Iq <!" l::::'p T,A,..., . ,;>= . t....: (.~ (Date) //' /u~f:f';';' .(Signature) (/ FU512IDA '1', lV' I AN.' \ - Ut6...n f: PERSONALLY APPEARED BEFORE ME, the undersigned authority, k'ClBi::I?..T A. Lc pE-'?' who, after first being sworn by me, affixed his/_ signature (G"'\~e~T /\ . lr, pE"'Z- in the space provided (name of individual signing) '7""f\- above on this (6f~ day of 5ePT'tn18&'.f2- ,20 00 ./~<:~f~~~?d;;A~$t';(;"/' -NOT~YPUBLIC ' r My ~y p I) A R A o,P- ,&<9('-" ROYAL SWEBSTER JR ~ ~'O.' l0 COMMISSION NUMBER 1C l)lt <:!!. , '~.iiw <c CC669401 71- 01?' j' MY COMMISSION EXPIRES OF f\.O AUG. 8,2001 7/13/00 00 1 1 0-7 BID PROPOSAL DRUG-FREE WORKPLACE FOR\iI The undersigned Contractor in accordance 'with Fl. Statute 287.087 hereby certifies that: ,- -, i .-J=Ai ,\ <..';) I \ A!- " ~ E N ~ i= _ r-t -..1 i ,-;- l, I (Name of Business) .- I -/ "... L1), ~ ~,~(~. -' 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abusE' in the workplace, the business's policy of maintaining a drug-free workplace, any availa')le drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of ~e United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. .~- As a person authorized to sign the statement, I certify that this firm comp~fully wi~e ap,pve . t k:f.':'~ .-_;'1'''';:-<" /~-~;~.-:.,> requrremen s. /?~./> " /,"-;7' /<_/- /,;;::7/' /57:7'-;:-,;// /~:?:~., /~y~ /~idder's Sign,a,~ :::> (---/' (,.,/ lCJ Se.PTGt\c' g, eg 2c1.::)(J MCP#5 Rev. 6/91 Date 7/13/00 810 PROPOSAL 00 1 1 0-8 . ~ - AlA Dcc:.:me!1T A310 Bid Bond KNOW ALL MEN BY THESE :=R5ENTS. :hct we . {Here snsen tull name ona aaa=:s cr lege: tiUe Of Co=nm:::=n as Prind;:aL he.rejnctter c:::iled the PrinC;:cL. and {Here snsert fUjj name ana aaaress cr lege: title ct Sutervl a ccr;:cration dui'( 1.J4'l:f....~d under the taws of the State cf as Surety. hereinafter cciled the Surety. ere held and fmiy bound unto {Hem inserr full nome ana aacnm cr lege: Me ot Ownerl as Obligee. hereinatter c:alied the Obligee. in the sum of Oobs C$ j. {Here inserr fUll name. aaare- ana "_4. "~Iaan ct PI'OJecf' NOW. lHEll!F02E.llthe ~sn=~tthe bid ct the PlfncL...Acnd1hel"llndgQtshal:emera Ccmrcctwifh fhe otlIigee in ...a.uctauca wiiI'I the tenns at sucn tlfd. ana c;jye men tlcnCl crcanas as mav tie m~-a In tfte blldcuQ or c:cnucc: dccumenDwiih geed cndsutlfclzmtUIIIV tcr 1M taltftful pedQn~_ ctsucra ~~~ and fer the ~ ~ at fcbcr and maIeID &.td...dJn the ~ tnen!ct. erirs tblreNlltcttbe icIIIm at the PiIIldgQt to enter sucn c:cm.rac end give SUCft Ccnd crccncs.Jl!he f'rh~ st1ClI;2'" to the t"lb~..... dIffa..._ nat to _u -a the ~ hen!ot l:lefWeen the amcunt sgac:iiied In said bid and sucn tan;er amcunt fcr\Wlld'lht ot6,,- may in geed falltl...Q. ,b~ wih anatner;xlrlV to periarm the w= ccverea by said bid. then 1hts ctJfiQ~ .1:' 'rl mall be I'IUII ana vcid. cthelWim to remain in fuI farce ana _lid. Signed end secied this day ot 20_ {PrincipciJ (Seal {Witnrmj (1JIlel '. (Surety) (Seal (Witnrmj (Iiilej 7113/00 310 PROPOSAL 00 i 10-9 Bidders's Insurance Statement The Insurance requirements are set forth in Section 00900 of the project manual as follO'V\"s: Insurance Requirement Required Limits Worker's Compensation WC31- 51,000,000/51,000,000/51,000,000 GLXCUl 5500,000 per Person; 51,000,000 per Occurrence; 5100,000 Property Damage or $1,000,000 Combined Single Limit *Required Endorsement Underground, Explosion and Collapse (XCU) General Liabilitv GL3 X Vehicle Liabilitv VL3 X $500,000 per Person; 51,000,000 per Occurrence; $100,000 Property Damage or $1,000,000 Combined Single Limit I understand the insurance that will be mandatory if awarded the contract and will comply in full with all these requirements. ...- ~/ - A ".-= -, (~I",;N6iet\L sPHAlr Lr:~I'.k\iC. Name of Business r ,/7 .;."" ....",. - Zt.r;O Date 7/13/00 BID PROPOSAL 00 1 1 0- 10 END OF SECTION 00110 7/13/00 BID PROPOSAL 00 1 10- 1 1 /~~ STATE OF FLORIDA ~'AiJ L'~E~GI~;~i;;: S ~ '";;;~.',...~." ;.,.~ ~...,~"'!i:';-,..... --.,-,,"1'" t .fl,,',~1 - --.<",' ',.. . <,'i. __ ~ _ ~"",">-J.... \.....l. ...._ AC# I::; =: .,'~ U:l":! --, ~'.... .. -'" ~ i~~gEi~~~G~ND ~~,'::: '-CifJ6099.2. ~'~;lS:'..{1.7/:',9~9 :; 8.90.28~3(: (~Er;, I S.TERED (';E~,~ERi4L.. C,Ol\FfR'AC"TOr-t ;-\~E~B:3 T E,R,:; R tJ"y'A,L.. .5: ;~';:::NERi,;L iCiSPf'fAL.T CO INC 'fND I '/I.DUAL MUST MEET ,;LL. LOCAL '__ICENSINGi j::;:EGL.'TRa'fENT:3 PRIOR TO .:.J;:\J"1-RI~,C,TIi\l,G I.l\t .4t'~F{ AR:Et~-) ,-u:::,S REGISTEHEC underlhe provisions ofCh.. 489 FS. Expiralion.Date: AUG ~3f.. 2001. ":Z 2 'I' IF:: ':'~ r s ;""', ~ - - . .. - -_.- - ~ - - ."- . ~ i "'ii .- ~ .;..' ~ N ~~ -.:- ::it C ~.,Z 2. :=: I . -.. - . ." . : - ,".. , '~"w .........-, _ ~ :~ ~ '::s: : :'?: .;;'t"J. g G.j~.: 1 S ~:I!.r ';~: "::; 3 UZ D.:lft ''E'~j; . -, .'.- ~ . '.r.' t, . ..... ...: ..i ... 1~.I J :_lE . -.. " . --'" .~ .~ ... '.. ... ~ ',C ~:E~'.f ~'3 E :.JE :'i ;JI-GC:-!73 L;~TI ?~E: , ,,,,.-.....' _...-'~~-~ C."!...:i. ::?A,ZO l;~J,CQ ,~- \. \1\ ,_, j/......J\ \....0. (~I.~ \ - --..-, ", )" CV~ ' I .- ~ ' -.......-n--"t'II n~- .-: 2.~...l{~"2 ii.:'t C , ("i t-_ c~..\ J' BUILDING 03FICIAL THIS CERTIFIES THAT -~:n;EE.3 'TER RO,,!,8,L ,-i d, GENERAL ASPHALT ca~ INC~ p~o~ B01{ 52-2306 ~.'~1 I /'~_ 1'11 I ~i( '3:31.52 ,.-;; U A L I F or ;~ s A ~: EJ:.r G I f;!E E R I ~>IC; C O:i>iT J..j IN GOGD S'fANDING AND THIS CE2TFICATE OF Ci,_}~i1P'rr:TEl;rc:[ 1:B "':lALID ;l~rD 11'4 F~t'9.CE Uf~TTIL ;JCTOBRR ,., ..", 'J .:. ,"I...... .-. ..... .... .... 1- .~ .:.? .-~ . , ";::.1,'; ,~~.~ ':Z .:1 "_1'U", . '.. :~ .;~). "~' C -T~~- '-.~ ,7 :;~. '.~ t'~~ :;~:: t~ . -': ,;.. .,~. ,j .,"",:i, '~; ~' .. ..0;, .:.. >1, ',.... .1. . i- '~I '_1:2. I. ,":: ~- G . ~.. '" .. .. - .. .L:": -. - ,:.. .I ,........~/>~ THE A::\tIERICA~ I~STITUTE OF ARCHITECTS . BID BOND KNOW ALL MEN BY THESE PRESENTS. that we GENERAL ASPHALT CO., INC. 4850 N.W. nnd Avenue Miami, Florida 33166 (Here insert full name and address oflegal title of Contractor) As Principal, hereinafter called the Principal, and NA TIONAL FIRE INSURANCE COMPANY OF HARTFORD 2600 Lucien Way, Suite 130 Maitland, Florida 32751 (Here insert full name and address of Surety) A corporation duly organized under the laws of the State of Connecticut As Surety, hereinafter called the Surety, are held & firmly bound unto MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5100 College Road, Stock Island Key West, Florida 33040 (Here insert full name or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount of the Bid Dollars ($5%) For the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, Our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for UTILE TORCH KEY ROADS III Regrading Roadway Shoulders, Leveling, Resurfacing and Other Related Work Key West, Florida (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid ofthe Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 19th day of September ~ 20GO , /' ~ //~- ~'" ;:>.GENER4~A:SPF A.-~O.~ INC. </ ~ ~A ~ ~' ,,/,,' %~ -:>" ~4____~~ -~ ;:.- ...-:::~ ...-/ -""CPfi!J"lV"dl} (.// ~" D - R~~t=-F-'gTI4. ~.p:,!:Z f-.~.~5J[j~.v-r (Printed Name & Tide) NATIONAL FIRE INSURANCE COMPANY OF FTFORD :'-4/------ /, // (Surety) (Seal) William L. Parker. Attorney-In-Fact & Fla. Res. A2ent (Printed Name & Title) ./ ." ~-;.~.. .-" /' '/ '/ ../ :Y t'~ ---~:'__~___~~Ud..~/ ,. ... Witness f . y BY: (Seal) .~~<...; '". ~~":'--."1' -, BY: -- . Witness .-'JA DOCUMENT AJ 10 - 3ID BOND - ,-\LA - FEBRUARY 1970 ED POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois c:lrporation. NATIONAL FIRE INSURANCE COMPANY OF i-'ARTFORD, a C-:Jnnecticut c:lrporation, AMERICAN CASUALTY COMPANY OF FlEADING. FENNSYL'jANIA, a Pennsylvania c:lrporation (herein c:lllectiveiy called "the CCC Sure!'! Companies"). are duly organized and existing corporations having meir princical offices in j,e City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby maKe, c:lnstitute and appoint Joseoh M. Pietranaeio. William L. ParKer. Olga L. Iglesias. E. B. Blondell, Jr, Merc'l Pamparatto, Gladys M. Ogden. Juan Beltran. Inaividuallv of Miami, FlOrida their true and lawful Attamey(s)-tn-Fact With full power and authorrty hereby c:lnferred to sign, seal and execute for and on their behajf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof. duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 6th day of August . 1999 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD A1;:;;;t7~G' PENNSYLVAN'A Marvin J. Cashion Group Vice President State of Illinois, County of Cook, ss: On this 6th day of August , 1999 ,before me personally came Marvin J. Cashion, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument, that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ...........................: ~ ~ : · OFFICIAL SEAL. · : DIANE FAULKNER : ~. ~ (') I : ....., NIle. .... of IIInoIe : ~ . MyComndala....... "'7101 : :........................... My Commission Expires September 17.2001 Diane Faulkner Notary Public CERTIFtCA TE I. Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force. and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 19th day of September 2000. (Rev.10/1/97) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA ~a Mary A.. Ribikawskis ASSistant Secretary THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 929173332 . AlA Document A311 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that GENERAL ASPHALT CO., INC. 4850 N.W. nod Avenue Miami, Florida 33166 (Here insert full name and address oflegal title of Contractor) as Principal, hereinafter called the Contractor, and, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 2600 Lucien Way, Suite 130 Maitland, Florida 32751 (Here insert full name and address or legal title of Surety) as Surety. hereinafter called the Surety, are held & firmly bound unto MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 Whitehead Street Key West, Florida 33040 (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Six Hundred Forty-Eight Thousand Nine Hundred Twenty-Eight and 90/100 -------------___________________________. Dollars ($648,928.90-----------------_______) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, General Asphalt Co., Inc. Contractor has by written agreement dated day of 19 Entered into a contract w/Owner for (Here insert full name, address and description of project) LITTLE TORCH KEY ROADS III LITTLE TORCH KEY, Monroe County, Florida in accordance with Drawings and Specifications prepared by Monroe County Engineer's designee (Here insert full name, and address or legal title of Architect) AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AlA @ FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006 1 PERFORMANCE BOND Bond No. 929173332 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly I) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 3rd day of November 20 00 (Seal) -~-/~ Witness ~;? ? .I'_,,~ ~itness /' nF S,DeNT (Title) NATIONAL FIRE INSURANCE COMPANY OF HARTFORD tfL- (Surety) (Seal) William L. Parker, Attorney-In-Fact & Fla. Res. Agent (Title) AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MA TERlAL PAYMENT BOND-AlA @ FEBRUARY 1970 ED.-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006 2 . . THE AMERICAN INSTITUTE OF ARCHITECTS I BOND NO. 929173332 AlA Document A311 LABOR AND MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that GENERAL ASPHALT CO., INC. 4850 N.W. 720d Avenue Miami, Florida 33166 (Here insert full name and address oflegal title of Contractor) as Principal, hereinafter called the Principal, and, NATIONAL FIRE INSURANCE COMP ANYOF HARTFORD 2600 Lucien Way, Suite 130 Maitland, Florida 32751 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called the Surety, are held & firmly bound unto MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 Whitehead Street Key West, Florida 33040 (Here insert full name and address or legal title of Owner) As Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined in the amount of Six Hundred Fortv-Ei2ht Thousand Nine Hundred Twentv-Ei2ht and 901100---------- Dollars ($648,928.90----------------------------------------- ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, General Asphalt Co., Inc. Principal has by written agreement dated the day of 19 entered into a contract w/Owner for (Here insert full name, address and description of project) LITTLE TORCH KEY ROADS III LITTLE TORCH KEY, MONROE COUNTY, Florida in accordance with Drawings and Specifications prepared by Monroe County Engineer's designee (Here insert full name, and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. 3 AlA DOCUMENT A311-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AlA @ FEBRUARY 1970 ED.- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006 LABOR AND MATERIAL PAYMENT BOND Bond Number: 929173332 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shaH promptly make payment to aH claimants as hereinafter defined, for aHlabor and material used or reasonably required for use in the performance of the Contract, then this obligation shaH be void; otherwise it shaH remain in fuH force and effect, subject, however, to the foHowing conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor ofthe Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equip- ment directly applicable to the Contract. 2, The above named Principal and Surety hereby jointly and severaHy 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 the date on which the last of such claimant's work or labor was done or performed, or materials were furnished 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 shaH not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shaH be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shaH have given written notice to any two of the foHowing: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name ofthe party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shaH be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year foHowing the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controHing the construc- tion hereof such limitation shaH be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) 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 which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shaH be reduced by and to the extent of any payment or payments e in good faith hereunder, inclusive of the payment of Surety of mechanics' liens which may be filed ofrec against said improve- ment, whether or not claim for the amount of such lien be presented under and against t' nd. < Signed and sealed this 3rd day of November GEN (Seal) -~~ itness "- 4 ' hA;~~ . itness (Title) NATIONAL FIRE II"! RANCE COMPANY OF AR FORD 'L (Surety) (Seal) William L. Parker, Attorney-In-Fact & Fla. Res. A~ent (Title) 4 AlA DOCUMENT A31I-PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND-AlA @ FEBRUARY 1970 ED.- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON D.C.20006 POWER OF A TIORNEY APPOINtiNG iNDIVIDUAL A TIORNEY -IN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a Pennsylvania corporation (herein collectively called .the CCC Surety Companies.), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make. constitute and appoint Joseph M. Pietrangelo. William L. Parker, Olga L. Iglesias, E. B. Blondell. Jr.. Mercy Pamparatto, Gladys M. Ogden. Juan Beltran. Individually of Miami, Florida their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign. seal and execute for and on their behalf bonds. undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof. duly adopted, as indicated. by the Boards of Directors of the corporations. In Witness Whereof, the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 6th day of August 1999 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD 7#;;;;;'7t:7~G' PENNSYlVAN~ Marvin J. Cashion Group Vice President State of Illinois. County of Cook. ss: On this 6th day of August , 1999 . before me personally came Marvin J. Cashion, to me known. who, being by me duly sworn, did depose and say: that he resides in the City of Chicago. State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD. and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. ...........................: >> ~ : .OFFICIAL SEAL. · : DIANE FAUU<NER : 7/ /". C ' () I : NotafY P\Mo. ltateof mined : ~ ~ . My~ Expires "17101 : I........................... My Commission Expires September 17, 2001 Diane Faulkner Notary Public CERTIFICATE I. Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said corporations this 3rd day of November 2QQQ..... (Rev. 1 0/1197) CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA ~a Mary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "Article IX-Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority. shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February. 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vl-Execution of Obligations and Appointment of Attorney-in-Fact Section 2. Appointment of AttorneY-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time. appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Semor or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the follOWing Resolution duly adopted on February 17. 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time, appoint, by written certificates, Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."