Resolution 055-1983
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RESOLUTION NO. 55 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A CONTRACT BY AND BETlmEN MONROE COUNTY,
FLORIDA, AND GENERAL ASPHALT COMPANY, INC. FOR RE-
SURFACING OF OLD STATE ROAD 4A - "OLD BUMPY" ON
UPPER MATECUMBE KEY, MONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to execute
a Contract by and between Monroe County, Florida, and General Asphalt
Company, Inc., a copy of same being attached hereto, for resurfacing
Old State Road 4A - "Old Bumpy" on Upper Matecumbe Key, Monroe
County, Florida.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 4th day of March, A.D. 1983.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF, MONROE COUNTY, FLORIDA
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By
n~1 p,' ~ ~ r~ .~"\'"\\'" r' t~'(
Attest: RALi". ". ~..~~,,_, VLM'..\
j.."{~ 1\1. p~.~
<r Clerk
APPROVED AS TO FORM
ANDI-l)OAL ,SUFFICIEr:c, ,Y'] / /
K'c~ l !.Cr'{Y/;)
BY --;;;;,""''''. oif~ . / L
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CONTRACT
. {Y)4ltc."
THIS AGREEMENT, made and entered into this ..,:t"" day of. Filbrll.:a"'y .
198..3, A.D., by and between Monroe County, Florida, party of the tirst part (hereinafter
sometimes called the "Owner"), and Gener a1 'AipllR 1 r r.(lmpan
Ine. , party of the second part (hereinafter'~ometimes 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
describe9 in the Specification entitled:
RESURF ACING
OLD STATE ROAD 4A - "OLD BUMPY"
UPPER MA TECUMBE KEY
MONROE COUNTY, FLORIDA
as prepared by Post, Buckley, Schuh & Jernigan, Inc., acting as, and in the Contract
Documents entitled the Owner's Engineer, and shall do everything required by this
Contract and the other Contract Documents.
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 Contract Documents, the
aggregate amount of this Contract is the sum of
Ninety-one Thousand Three Hundred and 00/100 Dollars ($ 91.300.00).
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 150 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 investigations to fully satisfy
himself that such site is a correct and suitable ope for this wofk',and he assumes full
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401-Q02.24A
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responsibility therefor. The prOVISIOns of this Contract shall contr....,I any inconsistent
provisions contained in the specifications. All Drawings and Specifications have been read
and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. It is expressly agreed that under no circumstances,
conditions or situations shall this Contract be more strongly construed "against the Owner
than against the Contractor and his Surety.
Any ambiguity or uncertainty in the Drawings or Specificatiorts shall be interpreted
and construed by the Owner's Engineer and his decision shall be final a~d. 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 Contract and/or of the Drawings,
and Specifications covering said work, shall not operate as a waiver by the Owner of strict
compliance with the terms of this Contract, and/or the Drawings and Specifications
covering said work; and the Owner may require the Contractor and/or his surety to repair,
replace,.restoreand/or make to comply strictly and in all things with tliis Contract and
the Drawings and Specifications any and all of said work and/or materials which within a
period of one year from and after the date of the passing, approval, and/or acceptance of
any such work or material, are found to be defective or to fail in any way to comply with
this Contract or with the Drawings and Specifications. This provision shall not apply to
materials or equipment normally expected to deteriorate or wear .out and become subject
to normal repair and replacement before their condition is discovered. The Contractor
shall not be required to do normal maintenance work under the guarantee provisions.
Failure on the part of the Contractor and/or his Surety, immediately after Notice to
either,Oto repai.r or replace any such defective materials and workmanship shall entitle the
Owner, if it sees fit, to replace or repair the same and recover the ,reasonable cost of such
replacement and/or repair from the Contractor and/or his surety, who shall in any event
be jointly and severally liable to ti1e 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 Contract and
should the Contractor fail to complete the work within the specified time, or any
authorized extension thereof, there shall be deducted from the compensation otherwise to
be paid to the Contractor, and the Owner will retain the amount of Two Hundred Dollars
($200.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day
elapsing beyond the specified time for completion or any autho'rized 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 complet.ion of the work shall
be considered a day scheduled for production.
.
ARTICLE 6 PARTIAL AND FINAL PAYMENTS
In accordance with the provisions fully set forth in the G~neral Conditions, and
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401-002.24A
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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 Enginee't", 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 specifications have been furniShed and are found
acceptable by the Owner, final payment on account of this Agreement shall be made
within sixty (60) days after comp!etion 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 aHached for its faithful
performance, the Owner shall deem the surety or sureties IJPon such bond to be
unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the
performance of the Work, the Gontractor 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 a~d 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 attached
hereto, are as fully a part of this Contract as if herein repeated. ,An enumeration of the
Drawings accompanying these Contract Documents follows:
Title
Sheet No.
1
2
3 - 8
Cover Sheet
Typical Section and Details
Plan & Profile
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IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first above written in three (3) counterparts, each of whiclt shall, without proof
or accounting for the other counterparts, be dee med an original Contract. *
Approved as to correctness of form:
Board of County Coni missioners
Monroe County, Florida "
Party Of the FiMt-~t ': ' '/,
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By: c;1V-;". .Y/ .
Chairman
Attest:
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Signed, Sealed and Witnessed in the
. presence of:**
Gpnpral Asphalt Cornr~ny, Inc.
Party of the Second part~
BY:~/~
Vice-President
Ti tie
Attest:
-D ~_Lw:> R.~ (Seal)
Asst. Secretary
(*) [n 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.
(**) Tw~ witnesses are required when Contractor is sole ownership or partnership.
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CERTIFICATE
, (Saml?le)
.
ST ATE OF FLORIDA ~
COUNTY OF ) s
I HEREBY CERTIFY that a meeting of the Board of Directors of
General Asphalt Co., Inc.
, a corporation under the iaws of the State of
Florida , held on
1
Feb. ,1983 the following resolution was duly passed and
adol?ted:
"RESOLVED, that . Royal S. Webs ter, Jr. , as
Vice- President of the corporation, be and he is h~reby
authorized to execute the Contract dated Feb. , 1 !B3,
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.u '
I further certify that said resolution is now in full force and effect.
It-! WITNESS WHEREOF, (have hereunto set my hand and affixed the official seal of
the corporation thisl.E..L. day of February
, 1983.
.
J:J~. tL.stL. S Q(! \
A,;; sf, Secretary
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PERFORMANCE BOND
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ST ATE OF FLORIDA )
COUNTY OF ) 55
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j{NOW ALL MEN BY THESE PRESENTS that GENERAL ASPHALT cm~ANY, INC.
as Principal, hereinafter called COIJ-tractor, and
SFAROARO SURETY COMPANY
as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County,
. .
of
Florida, as Obligee,
, JI,)J l' ~ OJ.Jt5 71I0i/SAJ./ n
hereinafter called Owner, in the amount
TH~~ HUAJO~J:() , .I>>~ G>DDollars {$ ()~ ~ ()C,D D
/ I .
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
19_, entered into a Contract with Owner for:
RESURF ACING
OLD STATE ROAD 4A - "OLD BUMPY"
UPPER MATECUMBE KEY
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &.
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ,ARE SUCH, that, if
the Principal shall in all respects promptly and faithfully perform and comply with the
terms and conditions of said Contract and his obligations thereunder and shall indemnify
the Owner and the Consulting Engineer and save either or all of them harmless against
and from all costs, expenses and damages arising from the performance of said Contract
or the repair of any work thereunder, then this obligation shall be'vdid; 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 entitled on the
completion of the Contract, and that sum which the Owner may be obliged to pay for the
completion of said work by Contract or otherwise, and any damages, direct or indirect or
consequential, which the said Owner may sustain on account of such Work, or on account
of the failure of said Contractor to properly and in all things, keep and execute all of the
provisions of said Contract. .
2. And this Bond shall remain in full force and effect for a period of one (l) year
from the date of acceptance of the project by the Owner and snaIl provide that the
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Contractor guarantees to repair or replace for said period of one (1) year all work
performed and materials and equipment furnished that were not perf 01: rn ed or furnished
according to the terms of the Contract, and shall make good, defects thereof which have
become apparent before the expiration of said period of one (1) yeat:. : If any part of the to
project, in the judgment of the Owner, for the reasons above stated needs, to be replaced,
repaired or made good during that time, the Owner shall so notify: the Contractor in
writing. If the Contractor refuses or neglects to do such work within fi~e (5) days from
the -date of service of such Notice, the Owner shall have the work don~ 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 accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive Not.ic~ 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" A + "and Financial Category of
"Class X III ". '
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IN WITNESS WHEREOF, the above bounded parties executed this instrument under
their several seals, this day of S:-F'R 1 1AA3 19 ,A.D., th~ nAme and corporate
seal of each corporate party being ~nd these presents duly signed by its ..
undersigned representative, pursuant to authority of its governing bQQY.
~
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses requir:ed): _
(If Corporation, Secretary Only will attest and affix seal):"'~' "
PRINCIPAL:
WITNESSES:
49..$"'0 ,...A/. tV. 7.2 ,AfPu
Business Address
~~~/ ~ 33/~~
City State
SURETY:
WITNESS:
90 tv////Mn S./.
Business Address
~et.J ~AK. ~y,
City State'
Name of Local1nsu~ance Agency
FRANK B. HALL'& CO. of FLORIDA
2600 DOUGLAS ROAD
CORAL GABLES, FLA. 33134
P. O. BOX 343800 .
OORAL GABLES, FLA. 3'8134
TELEPHONE: 448-2211
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(Affix
(Seal
(Affix
(Seal
401-002.24A
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CERTIFICATES AS TO CORPORATE PRINCIPAL
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A~i. t-
I, (~"'r' ^/,J C;, '1<o~ ' certify that I am the Secret~~ of the Corporation
named as Principal in the within bond; that ~ _ J S. r & )~ "~kr. wJi~ signed the said
bond on behalf of the Principal, was then Yu-, - R'r'~.k,..J of said..',~Corporation; that I
know his signature, and his signature hereto is genuine; and that said bo~d' was duly signed,
sealed, and attested for and in behalf of said Corporation by authority of its governing
body.
.f] . A O.
~J.. Secretary
:: P"'1t'. 'C~rporate
Seal
ST A TE OF FLORIDA)
COUNTY OF )ss
,
Before me, a Notary Public, duly commissioned, qualified and acting, personally
appeared .
.
JOHN K. PEPPER
to me well known, who being by me first
duly sworn upon oath, says that he is the Attorney.-In-Fact, for the
SEABOARD SURETY Cor,1PANY
and that he has been authorized by
POWER OF ATTORNEY ATT:\CHEfJ
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
FEB 1 1983--~ !9 _, A.D.
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,/ ,'1(/') / 1/'(0 {"" .,)')'1 ( i/I~,:;t!iLt.L/>:.
Notary Public ,/
State of Florida-at-Large
. ., '. Notary Pu~lic, State of Florida at large
My CommIssIon ExpIres:, My Commission Expires Nov. 22, 1986
(Attach Power of Attorney to
Original Bid Bond)
. . . . . .
- END OF PERFORMANCE BOND -
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401-002.24A
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Ccnilied Copy
SEAIIO.\HD SURETY Co:\IPA~Y
NEW YORK, NEW YORK
POWER OF ATTORNEY
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No. 91 i
KNOW ALL MEN BY THESE PRESENTS: That SEADO..\RD SURETY CO~fP;4J{Y, a corporation of the State
of New York, has nladc. constituted and appointed and by thcsc prescnts does make, constitute and appoint R. Leslie
Cizek, Jr. or Kenneth D. Gathings or Marvin Haven or Donald.A. Kaplan or
John K. Pepper or Peter T. Pruitt or Linda Grimsley or Alan:D. Fulton or
Kaaren Fulton or James H. waters--------------___________~___:-------------------
it
of Coral Gables, Florida ,
its true and lawful Attorney-in-Fact. to makc, execute and delivcr on its behalC insur&l1ec Jl9licies. ~urety bonds, under-
takings and other instruments of similar nature as follows:Any and all bonds, ubdertak~ngs, recog-
nizances and other written obligations in the natu~e thereof; and an~ an~ a~l
consents reauired by the Department of Transpor~at~on, ~tate of ~~or~da ~~c~dent
to the release of retained percentages and/or f~nal est~mate~. W~thout L~m~t-
ations. This Power of Attorney will remain in full force ahd effect as to the
City of Fort LaUderdale, unti~ there.is delivered ~o the City Attorney of Fort
r,auderdale bv reqistered ma~l, not~ce of revocat~on.
Sll'Cll II1surance p6liclC~~, surn'y bonds, undertakings and Instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact. shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of said Attorney-inFact. pursuant to the authority here b)'
given, are hereby ratified and confirmed. . .
This appointment is made pursuant to the following By. Laws which were duly adopted by the Board of Directors of the said Com-
panyon December 8th. 1927, with Amendmen.ts to and including April 6. 1978 and are still in full force and effect:
ARTICLE VII, SECTIO~ I: .
.Polidea, bonds. recogninncea, stipulations, eonlents of surety. underwriting undertakings and Instruments relating thereto.
Insurance policies, bonds, recogniunces, stipulations, constnts of surety and underwriting undertaking. of the Company, and releases, agreements and
other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the Company
- (a) by the Chairman of the Board, the President, a Vice Pruident or a Ruident Vice President and by the Secretary, an Assistant Secretary,
a Resident Secretary or a Resident A"istant Seeretary; or (b) by an Allorney.in-Fact for the Company appcinted and authori.ed by the Chair-
man of the Board, Ihe President or a Vice President to make such signature; or (c) by such other officers or representatives as the Board ma~'
from time to time determine, ,
The seal of the Company shall if appropriate be affixed thereto by any such o/l'icer, Attorney-in-Fact or' representative,"
IN WITNESS WHEREOF, SEABOARD SL"RETY CO~rPAXY has caused thc~e presents to be signed by one of its Vice-
Presidents. and ~s corporate seal to be h~rfunto affixed and duly attested by one of its Assistant Secretaries, this .....7..t.h,.......,..
day of ...................~~............................. 19.........
4i!'es!\
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~;.;.% OF NEW YORK Assistant Secretary
COUNTY OF NEW YORK 1ss.:
. 7th . May 81
On thIS ................................ day of ...................................,......................................................... 19............. before me personally appeared
.......................EA....T.,....1<Ii!,nl'),~.~,~..}.y.............,........................................... a Vice-President of SEABOARD SL"RIFY \Pc.:.rkAXY.
with whom I am personally acquainted, who, being by me duly sworn, said that he resides in the State of ......,....~~......C?!............:
that he is a Vice-President of SEABOARD St:RETY COl\IPANY. the corporation described in and which executed the fore-
going instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
Pre~~",. 1.":7',f.:A Company by like authority,
~i ii<" ,( St~te of New York
~\ Fl~;;'^ ~o.., 24-7104540 Qualified in Kings County
~~~\E~t. filed in New York County
(SCo11<~mmission Expires March 30, 19,82
SEABOARD SURETY COMPANY.
By E. T. Kenneally
-.._............................~...........................................................
Vice.President
Violet Johnson
-.................................,......:........................-.....................
NClQrr Public
CERTIFICATE
I, the undersi!:ned Assistant Secretar)' of SE,..BO....RD SL'RETY CO~IPA~Y do hereby certify that the original Power of Attorney of which
the foregoing is a full, true and correct cop)', is in full force and effect on Ihc date 01 this Certiticate and I do further certil)' that I~ Vice President
who executed the said Power of Alto"'e)' w., one of the Officers authorized by the Doard of Directors to.appoinl an ano",e)'-in.fact as pro\'ided in
Article Vll, Section I, 01 the By-uw. of SEABO....RD SL'RETY CO~IP"":'\Y.
This Certificate 01')' be si!:ned and .ealed b)' lac'imile un~er and by authorit)' of the follnwing re.olution of the Board of Directors of SEA-
BOARD SliHETY CO~IPA:'\Y at a meelin!: dul)' called and held on the 281h day 01 lune 1978, '
"RESOL\'ED: (.2) That the use of a printed fa..imile of the corpor'le .e,' 01 the company and 01 the signalure of an Assi.tant Secret3r)'
on any ccrtifieation of the corr<<lness of a COP)' of an instrumnlt cxccul\'d b)' Ih., Pre,ident ur a \"ice-Pre.ident l,ursU3nt 10 Article \'II, Section
1. of th~ By.uws ap~intin!: and authorizin!: an, allorne)'.in-facI to ~i!:n in the ~ame and on ,""h.1f of the comp.ny suret)' bonds. underwritin~
andertakln!:s or other Instruments dcscro""d In saId Arllcle VII, Se.llon I, with hke effect as If such s.al and luch sign.lure had bttn manuall)'
affixed and mad., herrby is authori.rd and approved,"
\
IN WITNESS WHEREOF, I have hcn'unto set m)' hand and affixed the corporate seal 01 the Company to these pnsents thi.
-.----...---.-..- "" of .----FEB--1.1S83.._.__..... /Jz' .. ,
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PAYMENT BOND
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ST ATE OF FLORIDA ) 58
COUNTY OF )
..:;
KNOW ALL MEN BY THESE PRESENTS that
GENERt.L A~Pi1,ALT CDrAPANY.a INC.
as Principal, hereinafter ~aned Contractor, and
~FAROI\RD SURETY COMPANY
as Surety, hereinafter called Surety, are held and firmly bound unto Monroe County,
Florida,
as
Obligee,
hereinafter
called
Owner,
in
the
amount
of
#/1.J7"1 ~A)t: 11-4tJUSALJD 71-Ht~~ NvA./oA~D "No/,c () Dollars.($9/, ~oO)
/ (
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
19_, entered into a Contract with Owner for:
RESURF ACING
OLD STATE ROAD 4A - "OLD BUMPY"
UPPER MATECUMBE KEY
MONROE COUNTY, FLORIDA
in accordance with Drawings and Specifications prepared by Post, Buckley, Schuh &.
Jernigan, Inc., which Contract is by reference made a part hereof and is hereinafter
referred to as the Contract.
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if
the Principal shall promptly make payments to all claimants, as hereinbelow defined,
then this obligation shall be void; otherwise, this Bond shall remai~ 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 Principal of any
subcontI:actor 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 performance of the labor or after complete
delivery of materials and supplies by such claimant, may sue on this Bond for the use of
such claimant, prosecute the suit to final judgment for such sum OP 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
401-002.24A
,',
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3. No suit or action shall be commenced hereunder by any cJal!';lant:
a.
Unless claimant, other th~n one having a direct. ~ontract with the
Principal, shall within forty-five (45) days after beginning to furnish
labor, materials or supplies for the prosecution o(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 direc't contract with the
Principal, shall within ninety (90) days after such claim-ant's performance
of the labor or complete delivery of materials an~. 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 (l) year from the performatlce of the labor or
completion of delivery of the materials and supplies; it being understood,
however, that if any limitation embodied in this Bond is prohibited by
any law controlling the construction hereof such limitations shall be
deemed to be amended so as to be equal to the minimum period of
limitation permitted by such law.
d. Other than in a state court of competent juris4iction in and for the
county or other political subdivision of the state in. which the project, or
any part thereof, is situated, or in the United States District Court for
the district in which the project, or any part thereof, is situated, and not
elsewhere.
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 Contract.
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 Contract or to the work to
be performed thereunder or the Specifications applicable thereto shall in any wise affect
its obligations on this Bond, and the Surety hereby waives notice of any such change,
extension of time, alterations of or addition to the terms of the Contrllct, or to the work
or to the Specifications.
6. The Surety represents and warrants to the Owner that they have a Best's Key
Rating Guide General Policyholder's rating of" A.,.." and Financial
Category of "Class Xlll "
#
IF-6
401-002.24A
...
. ... .
IN WITNESS WHEREOF, the above bounded partIes executed thIS Instrument under
their several seals, this _ day of --.ff.~ 19_, A.D., the. name and corporate
seal of each corporate party being hereto'" affixOO"'dnd these presents duly signed by its ..
undersigned representative, pursuant to authority of its governing body.
-,
WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses requiredl.
. .
(If Corporation, Secretary Only will attest and affix seal).:' .:;
PRINCIP AL:
(Affix
(Seal
WITNESSES:
v/ce - ;p.eB"V~d:4"r
Title
,pJ'f~ ",<< /(/: 7,24V'&
Business Address '
~/A"'/ . Fi
City 'State
.33/6~
SURETY:
WITNESS:
(Affix
(Seal
y~ 'III/lA-1M -sl-.
Business Address
#~
City
~,tl< . A.Jj/
State
Name of Local Insurance Agency
FRANK B. HALL & CO., of FLORIDA
2600 DOUGLAS ROAD .
CORAL GABLES, FL~. 33134
P. O. BOX 343~OO
CORAL GABLES, fL~, 33134
, TELEPHONE:448-2211
"
f
IF-7
401-002.24A
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CERTIFICATES AS TO CORPORATE PRINCIPAL.
..
Ib:;J~'
I, ('"V'....~I,J S, 7<.1';',. ,certify that I am the Secre.tary: ~ the Corporation
na.:,med as Principal in the within bond; that ~^' S. L'L--W.:" ~t;o signed the said
bond on behalf of the Principal, was then V/(:~,. 7>r~ ,krl- of s~rd 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 aut]lority of its governing
body.
i:J----, Jj 0 d- <5
A~:.J. Secretary
~- _)porporate
, Seal
STATE OF FLORIDA)
COUNTY OF )ss
Before me, a Notary Public, duly commissioned, qualified, and acting, personally
appeared
JOHN K. PEPPER
to me well known, who being by me first duly
sworn
upon oath,
says
that
pe
is the
Attorney:in-Fact, for
the
SEABOARD SURETY COMPAN'(
and that he has been authorized by
pnWFR OF ATTORNEY ATTP.CHED
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 -EEB
1 1903
, 19__, A.D.
(Attach Power of Attorney to
Original !lid Bond)
(C' "") , '
,,~~~~- ~~bli~ t, (r,1 ( :;>~j/- ag,L-~
State of Florida-at-Large
Notary Public, State of Florida at L",
My Commission Expires: My Commission Expires Nov. 22, Ij(
******
- END PAYMENT BOND -
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IF-8
401-002.24A
if ,
4".:...r~~..ICV .....opy
;::5gAJJO.'..,. , ..~PA~'l
NEW YonK, NEW YonK
POWER OF ATTORNEY
No. 9179
..
KNOW ALL MEN BY THESE PRESENTS: Th~t SEABOARD SURETY CO~IPANY, a corporation of thc State
of New Yorl<, has made, constituted anJ ~ppointcd and by these presents docs make, constitute an~ appoint R. Leslie
Cizek, ;rr. or Kenneth D. Gathings or Marvin Haven or Donald A.: Kaplan or
John K. Pepper or Peter T. Pruitt or Linda Grimsley or Alan? Fulton or
Kaaren Fulton or James H. Waters---------------------------~---------------______
~Coral Gables, Florida
its true and lawful Attorney-in-Fact. to make, execute and deliver on itl bebalf insuran.e jloticiu, ~urety bonds, under-
takings and otber instruments of similar nature as follows:Any and all 'bonds, unfder!~kJ.ngs, drecolg-
nizances and other written obligations in the natu~e there~:: ~,~ an~ an. a.l
consents recuired by the Department of TransportatJ.on, ~tat~ of F~orJ.da J.~c~dent
to the release of retained percentages and/or final estJ.mat~'s. .WJ.thout LJ.mJ.t-
ations. This Power of Attorney will remain in full force and e~fect as to the
City of Fort Lauderdale, until there is delivered to the City Attorney of Fort
r.auderdale bv reaistered mail, notice of revocation.
Strcll II1surance j>blicld, sure'fy bonds, undertakmgs and Instruments for said purposes, when duly executed by the aforesaid
Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if signed by the duly authorized officers
of the Company and sealed with its corporate seal; and all the acts of Aid Attorney-inFact, .pursuant to the authority here b)'
given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board 0" Directors of the said Com-
pany on December 8th, 1927, with Amendments to and including April 6, 1978 and are still in full force and effect:
ARTICLE VII. SECTIO~ I:
.Polici.., bond.. reeornizane.., stipulation., connnt. of Sllftty, underwritinc underlaldnr' and in.trument. relatinC thereto.
Insurance policirs, bonds, recognizancu, stipulations, consents of surety and underwriting undcrtakingi of the Comp.a.ny, aDd rel~a5~5. agreements and
other wriling. relilting in any way Iher'lo or 10 any claim or 10.. Ih.r.undo<, .hall bo .ign.d in Iht nam. and on bohalf of Iht Company
(a) by tht Chairman of Ihe Board. Iht Pro,id.nl, a Vice Prt,idtnt or a Rt.idtnl Vict Prt.id.nl and by 1M S.crelary, an Auillant SOCrttary.
a R..id.nl S.erolaiy or a Rt,id.nl A"i.,anl S.crtlary: or (b) by an AllOrnty.in.Facl for lht Company appoinl.d and aUlhoriz.d by Iht Chair.
man of Ih. Board. Ih. Pruid.nl or a Viet Pre,idml to makt lueh .irnaIUrt: or (c) by luch other offietn or rtprumtativel .. Ih. Board ma~'
from tim. to tim. d,'.rmin..
Th. leal of tho Company lhall if approprialt bt affixed thor.to by any lueh offictr, Attorn.y-in.Faet or rtprnenlativ.."
. --".-
IN WITNESS WHEREOF, SEABOARD St:RETY CO:\IPA~Y has caused these presents to be signed by one Qj its Vice-
Presidents, and ~~ corporate seal to be ha1unto affixed and duly attested by one of its Assistant Secretaries, this .....I..~D............
day of ......................~............................ 19,........
~es~.:... SEABOARD SURETY COMPANY,
~ l.sll*! '1:; \.......:~~~.~~.~...!..~....~~.~.~.~.:~~................ !:......:.:....:::....~:~~:.~.~.~::......................................
~c,~;.,',..;.~ Assi5tant Secretary ViC't~Pre5ident
ST-A E OF NEW YORK 1
COUNTY OF NEW YORK 5 ss. :
. 7th May 81
On thIS ................................ day of .................".......................................................................... 19............. before me personally appeared
.......................EA....T......K~T.U).~.~.l~y......................................................... a Vice-President of SEABOARD St;R~TY ~:\!kAXY.
with whom 1 am personally acquainted, who, being by me duly sworn, said that he resides in the State of ...........~~.......9.F.............:
that he is a Vice-President of SE....BOARD SURETY C01IPANY, the corporation described in and which executed the fort-
going instrument; that he knows the corporate seal of the said Compan)'; that the seal affixed to said instrument is such corporate
seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-
pre~~v.i...:;?t:A Company by like authority.
ii ;,;.. ":~~~te of New York
*.\ PL~/' ~9..' 24-7104540 Qualified in Kings County
~~~<t~t. filed in New York County
(Sea1<~mrnission Expires March 30, 19.82
Violet Johnson
-..........................................................................................
Notary Public
CERTIFICATE
I, Ihe undtrsi!:n.d A..i.lanl SterOlar)' of SEABOARD SL'RETY CO~fPA:\Y do htroby e.rlify Ihallht original Powor of Allorn.y of which
tht for'ioing i. a full. Irut and corrtct cop)'. i. in full fore< and .fftcl on Ihe datt of Ihi. Ctrliticat. and I do furlh.r ctrlif)' lhat Ihe Vict Pr..id.nt
who .xocut.d Ih. laid Pow.r of Altom.)' wa, on. of Iht Ollicor. aUlhori..d by Ih. Board of DirtclOTS 10 appoinl an allornt)'.in.fael as pro\'idtd in
AMiclt \~II. Swion I. of tht By. Law. of SEABOARD SL'RF.TY CO~IPA:\\'.
Thi. Ctrtificatt n'o)' bo .i~n.d and .ul.d b)' fac'imile unrler and by authoril)' of lhe following rt.olulion of Ih. Board of DiroctoTS of SE....
BOARD SUUETY CO~IPA:\\' al a mcctin~ dul)' call.d and hdd on Ihc 28th day of Jun. 1978.
"RESOL\'ED: (Z) Thai Iht U.t of a prin'td fac.imile of Iht corpor.,. ..01 01 the company and of Ih. sienaturo of an A..i,lanl S..rclar~'
on any ccrtifi('atiOll of tht corrC('ln(ss of a cop}' of an instrum("ut <<xccutc:lI b). the Prhidrnt or a \"icc~Prtsid('n1 l)ursu:a.nt to Article \"JI. Section
I. of the By~La\\'s aprointin,:: and authorizinj: an attor,ne)'..in-fact to sign in th~ nam,. and On bch.1U of tht compa.ny ,"urrt)' bonds. und~rwritin~
undorlakin~. or olhtr in,'rumtnt. d..cribed in laid Arliclt VII, Stction I. with hk. tlleel as if luch leal and .uch sirnalur, had botn manuall)' affixed and made, horeby il aUlhorizcd and approvtd."
\
IN WITNESS WHEREOF. I ha\'e her~unto ~t m)' hand and affixed the corporate seal of the COn)p"ny to the~ presents thi.
r_ fl7 (R... "7"
.~ _. -. ~...~...-.,..-......:...~.-..-.-.~...._--.':",..,.~
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CERTIFICATE OF INSURANCE
.
..
THIS IS TO CERTIFY THAT THE
EMPIDYERS OF WAUSA
NEW ENGLAND REINSURANCE .cO. '!'
Insurance Company
Address
p 0 Any lnn10? ~tl~nta,Ga
of Wall~rl11, Wi !';(Y)nc::i n
has issued policies of insurance, as described below and identified by a policy 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 policies will be cancelleef or changed so as to
affect the interest(s} of the M()NROF, cnTl1\1'T"V ' (t}ereinafter some-
times called the Owner) until thirty (30) days after written notice of such cancellation or
change has been delivered to the Ownel"s Engineer; Post, Buckley, Schuh &. Jernigan, Inc.
Insured
GENERAL ASPHALT CCMPANY. TNr..
Address
POBox 52-2306, Miami, Florion ~~lS?
Status of Insured ~ Corporation _ Partnership
Ind~vidual
Location of Operations Insured
Florida
Description 9f Work:
Job resurfacing Old State Road 4A "OID BUMPY" upper Matecumbe
Key I l'bnroe County I F1a
INSURANCE POLICIES IN FORCE
Forms of Covera~e
Policy Number
Expiration Date
*
Excess Liability
686843*
1/1/84
1/1/84
1/1/84
1/1/84
1/1/84
.Worker's Compensation/Employers' Liability
1414 00 081418
+Comprehensive Automobile Liability
1424 03 081418
oComprehensive General Liability
1424 00 081418
Contractual Liability
1424 00 081418
Other (Please specify type)
POLICY INCLUDES COVERAGE FOR:
YES NO
1.
Additional Insured: Post, Buckley, Schuh &. Jernigan,
Inc. and Owner.
.Liability under the United States Longshoremen's and
Harbor Workers' Compensation Act.
+ All owned, hired, or nonowned automotive equipment
used in connection with work done (or. the Owner.
X'
2.
'X
of
3.
X
f
IG-20
401-002.24A
" .
POLICY INCLUDES COVERAGE FOR: (Continued)
..
'Y~S
NO
4.
ODamage caused by explosion, collapse or structural
injury, and damage to underground utilities.
o Products/Completed Op"era tions
oOwners and Contractors Protective Liability
OLiability assumed in the Contract
oPersonal Injury Liability
+Excess Liability applies excess of:
(a) Employers' Liability
(b) Comprehensive General Liability
(c) Comprehensive Automobile Liability
(d) Contractual Liability
.
~
x
,x
x
x"
· x.
5.
6.
7.
8.
9.
,~ x
x
'x
x
FORM OF COVERAGE
LIMITS OF LIABILITY
BODILY INJURY PROPERTY DAMAGE
Worker's Compensation
Statutory
xxxxxxxxxxxxxxx
Employers'Liability
Each Accident
xxxxxxxxxxxxxxx
$ 100.000
Comprehensive
Automobile Liability
Each occurrence-.
Combined Single Limit BI/PD
$ 750,000.
$500,000/500,000 BI
$250,000/250,000 PD
-
$500,000/$500,000 BI
$i50,000/$250,000 PD
Each occurrence~ in the aggregate
~~~tE-nx
Each occurrence and in the
aggregate
Comprehensive
General Liability
Contractual
Liability
* Excess Liability
$ 5,000,000.
Each occurrence-
Combined Sing-Ie Limit BI/PD
of
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 2/l/83pep
.._...~
..
Issued at Coral Gables, Pla
Insurance Agent or Company
- Send original and one copy to:
Post, Buckley, Schuh & Jerniga.n, Inc.
513 Whitehead Street '
Key West, Florida 33040
,
I ,.
IG-21 401-002.24A
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