R02-193RESOLUTION NO. R02- Iq$
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AWARD OF A BID FOR THE NE 19TM AVENUE
SEWER AND WATER MAIN REPLACEMENT
PROJECT (BID #002-2413-03/CJD) TO CHAZ
EQUIPMENT COMPANY, INC., OF WELLINGTON,
FLORIDA, IN THE AMOUNT OF $219,792.50;
AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF BOYNTON
BEACH AND CHAZ EQUIPMENT COMPANY, INC.,
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on October 15, 2002, bids were opened for the NE 19th Avene sewer
and water main replacement project and Chaz Equipment Company, Inc., was selected as
the most complete and responsive bidder who met and exceeded all specifications;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida,
hereby approves the award of a bid for the NE 19th Avenue Sewer and Water Main
Replacement Project to Chaz Equipment Company, Inc., in the amount of $219,792.50. A
copy of the Contract is attached hereto.
Section 2. That this Resolution shall become effective immediately.
PASSED AND ADOPTED THIS Iq day November, 2002.
CITY OF~OYN/TO.N BF,/ACH, FLORIDA
~C~yor
:.C_ityj/Clerk ' Com~~
~¢orate Seal)
s:Reso~id AwardSCh~ ~uipm~t
CONTRACTOR hereby acknowledges that he has read and understands the
above provision.
INTIALS
15.3.
Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19).
16.2
Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence off
\\\\\~ t ~ I I t ! I III/l;~/,.
... - .-
city Clerk
F ',- ' · ,.'::
Signed, sealed and witnessed
in the presence of:
CITY OF_BOYNTON BEACH, FLORIDA
Kurt: Bressner, C±ty l~lanager
Approved as to Form: ~
CHAZ EQUIPMENT CO., INC.
President or Vice President
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State of Florida
County of Palm Beach
)
) SS;
)
Attest as to CONTRACTOR
On this ~ day of ,20.__, personally appeared before me, duly authorized
to administer oaths, known to be the
persons described herein or who has produced as
identification and who executed the foregoing instrument and has acknowledged before me that
they have executed same.
My Commission Expires:
Notary Public
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BID NUMBER:
PROJECT NL~BER:
BID TITLE: CONSTRUCTION OF NORTHEAST 19TM AVENUE
SANITARY SEWER MAIN REPLACEMENT AND
WATER MAIN REPLACEMENT
#002-2413-03/CJD
SWR064 AND WTR054
CITY OF BOYNTON BEACH, FLORIDA
CONTRACT FOR CONSTRUCTION SERVICES
THIS CONTRACT, made and entered into this 1 ~ day of I~oV~.~ Me_t' ,
20 Ib~ by and between the CITY OF BOYNTON BEACH, a municipal corporation of Florida,
hereinafter called the "CITY" or "OWNER" and CHAZ EQUIPMENT CO... INC.,
a Florida Corporation (_X__)
a Florida General Parmership ( )
a Florida Limited Parmership (__)
a Sole Proprietor (__)
Check One
hereinafter called "CONTRACTOR".
WITNESSETH
mo
The City has heretofore invited bids for a City construction project ("Project") identified by
the bid title, bid number and project number listed above and commonly referred to as:
CONSTRIICTION OF NORTHEAST 19TM AVENUE SANITARY SEWER MAIN
REPI,ACEMENT AND WATER MAIN REPI.ACEMENT
Bo
Contractor, in compliance with the bidding requirements announced by the City, submitted
a bid on the 15th day of October: ~ for the total bid amount of $2L9~92.5~
On the l 0th day of November, ~ the City Commission designated contractor as having
submitted the bid that was most advantageous to the City and authorized the execution of
this Agreement.
The Parties agree that the Project is scheduled to be completed within 120 calendar days of
the issuance of the Notice to Proceed, subject to CITY approved time extensions. There are
penalties to the CONTRACTOR for the failure to meet such deadlines.
NOW, THEREFORE, in consideration of these premises and the mutual conditions and
covenants contained herein, the parties agree as follows:
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1. AGREEMENT
1.1. The Parties agree that:
1.1.1. The foregoing recitations contained in Paragraphs A-C are true and correct
and incorporated herein by this reference.
1.1.2. The CITY does hire and employ the CONTRACTOR to provide
construction services for completion of the Project.
1.1.3.
The CONTRACTOR does accept this Contract and does agree to furnish
the necessary labor, tools, equipment, materials and supplies, etc., and to
complete the Project by performing all the work as set forth in the this
Contract and the Contract Documents for the price and amounts set forth
in Contractor's bid.
1.1.4. Contractor is an independent contractor as that term is set forth in the
General Conditions for Construction (GC-2)
1.1.5. Unless otherwise provided, all time frames referenced in all Contract
Documents shall be calendar days.
2. SCOPE OF SERVICES
2.1.
The Project consists of those improvements described and set forth in the Contract
Documents.
2.2. The Contract Documents are the compilation of the following individual
documents:
2.2.1.
2.2.2.
2.2.3.
2.2.4.
2.2.5.
2.2.6.
2.2.7.
2.2.8.
2.2.9.
2.2.10.
2.2.11.
2.2.12.
2.2.13.
2.2.14.
Advertisement for Bids
Instructions for Bidders
Bid Proposal
Bid Bond
General Conditions for Construction (GC) - all references to "GC" shall
be to section numbers
Construction Contract
Certificate of Insurance
Public Construction Bond
Letters of Credit
Technical Specifications
Contract Drawings and Plans
Addenda
Written directives or interpretations
Manufacturers warranties
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3. OBLIGATIONS OF CONTRACTOR
3.1. Contractor shall:
3.1.1.
Furnish all materials, supplies, machines, equipment, tools,
superintendents, labor, insurance, and other accessories and services
necessary to complete said project in accordance with the conditions and
prices as stated in the Contract Documents.
3.1.2.
Perform all the work and labor pursuant to this contract and all of the
materials furnished shall be in strict conformity with the Contract
Documents. CONTRACTOR further accepts and consents to the
conditions contained in said Contract Documents and expressly agrees to
comply with every requirement and stipulation therein contained.
3.1.3.
Furnish all tools, equipment, materials and supplies and to do all the work
above mentioned in a first-class, substantial and workmanlike manner, and
in conformity with the detail for said work on file in the office of the
Project Manager and strictly in accordance with the Contract Documents.
3.1.4.
Guarantee all work and materials for a period of one (1) year. Upon receipt
of written notification from the CITY, CONTRACTOR shall correct any
defective or faulty work or materials which may appear within one (1)
year after completion of the Contract and receipt of final payment.
CONTRACTOR shall make the necessary corrections within ten (10) days
of receipt of the written notice. Comply with the provisions of Section
255.05, Florida Statutes, if applicable. Pay promptly, before final
settlement, any and all claims or liens by subcontractors or material
suppliers, incurred in and about this work. Furnish release of liens forms
from all subcontractors and suppliers of materials. Release of lien forms
to be utilized shall be supplied by CITY.
3.1.6.
Remove and clean up all rubbish, debris, excess material, temporary
structures, tools and equipment from streets, alleys, parkways and adjacent
property that may have been used or worked on by the CONTRACTOR in
connection with the project promptly as such section or portion is
completed and ready for use, leaving the same in a neat and presentable
condition.
3.1.7. Observe and comply with the provisions of the charter, ordinances, codes
and regulations of the City of Boynton Beach, Florida.
3.1.8. Obtain written approval from the CITY of all subcontractors not disclosed
in the Contractor's bid document.
3.1.9. Perform such other tasks as set forth in the Contract Documents.
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3.1.10. Shall provide all required bonds, insurance certificates and any other
required security for performance of the Project within ten (10) days of the
Award of the Project.
3.2.
The CONTRACTOR will be held responsible for the care, protection and
condition of all work until final completion and acceptance thereof, and will be
required to make good at his own cost any damage or injury occurring from any
cause resulting from their acts or omissions or the acts or omissions of their
subcontracts or suppliers.
4. CITY'S OBLIGATIONS
4.1.
City shall provide a written notice to proceed not later than ten (1 0) days from the
execution of this Contract.
4.2.
Make timely payments for the work in accordance with the procedures and time
frames set forth in the Contract Documents.
4.3.
On satisfactory completion of the Project, provide a written final acceptance and
payment for the entire project.
5. COMMENCEMENT OF WORK
5.1.
CONTRACTOR hereby agrees to commence work under this contract on or
before a date to be specified in the written "Notice to Proceed" of the CITY and to
fully complete the project within 1211 calendar days following the commencement
date as specified in same.
5.2.
Time is the essence of the contract. In the event the CONTRACTOR shall fail to
timely commence the work following Notice to Proceed or fail in the performance
of the work specified and required to be performed within the time limit set forth
in the contract, after due allowance for any extension or extensions of time made
in accordance with the Contract Documents, the CONTRACTOR shall be liable
to the CITY, as liquidated damages and not as penalty, the amount stipulated in
Section 6.0 hereinbelow for each and every calendar day that the CONTRACTOR
shall be in default of completion.
5.3.
CONTRACTOR shall notify the Project Engineer in writing of any change in the
names and addresses of each subcontractor proposed for principal parts of work,
and any changes in subcontractors from those proposed in CONTRACTOR's bid
proposal, and for such others as the Project Engineer may direct, and shall not
employ any that CITY may, within a reasonable time, object to as incompetent or
as unfit.
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6. LIQUIDATED DAMAGES
6.1.
The CONTRACTOR further agrees to pay $250.00 per day as liquidated
damages, for failure to begin within ten (10) days of CITY's issuance of the
"Notice to Proceed" or failure to complete the work within 120 calendar days
from the commencement date as indicated in the written "Notice to Proceed".
The CITY shall have the right to deduct said liquidated damages from any amount
due, or that may become due the CONTRACTOR, or to collect such liquidated
damages from the CONTRACTOR or his Surety.
7. PROTECTION OF EXISTING FACILITIES AND WORK IN PROGRESS
7.1.
The CONTRACTOR warrants that quoted prices include the protection and
continuous use of all existing work in process, property or operations of the CITY
as more particularly set forth in the General Conditions for Construction (GC-44,
GC-45, and GC-46).
8. INDEMNIFICATION
8.I.
The CONTRACTOR shall indemnify and save harmless and defend the CITY, its
agents, servants, and employees from and against any claim, demand, or cause of
action of whatsoever kind or nature arising out of error, omission or negligent act
of CONTRACTOR, its agents, servants, or employees in the performance of
services under this Agreement.
8.2.
CONTRACTOR shall indemnify and save harmless and defend CITY, its agents,
servants and employees from against any kind and all causes, claims, demands,
actions, losses, liabilities, settlements, judgments, damages, costs, expenses, and
fees (including without limitation reasonable attorney's and paralegal expenses at
both the trial and appellate levels) of whatsoever kind or nature for damages to
persons or property caused in whole or in part by any act, omission, or default of
the CITY, its agents, servants or employees arising from this contract or its
performance. The CONTRACTOR and the CITY hereby agree and covenant that
the CONTRACTOR has incorporated in this original bid, which constitutes the
Contract sum payable by the CITY to the CONTRACTOR, specific additional
consideration in the amount of ten dollars ($10.00) sufficient to support this
obligation of indemnification provided for in this paragraph. The indemnification
required pursuant to the Contract shall in no event be less than $1 million per
occurrence or no more than the limits of insurance required of the
CONTRACTOR by the Contract, whichever is greater. It is the CITY'S and
CONTRACTOR'S full intention that this provision shall be enforceable and said
provision shall be in compliance with Section 725.06, Florida Statute.
8.3. The execution of this Agreement by the CONTRACTOR shall obligate
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CONTRACTOR to comply with the foregoing indemnification provision, as well
as the insurance provisions which are set forth in the General Conditions for
Construction. However, the indemnification provision, and the insurance
provision contained in the General Conditions for Construciton are not
interdependent of each other, but rather each one is separate and distinct from the
other.
8.4.
The obligation of the CONTRACTOR to indemnify the CITY is not subject to
any offset, limitation or defense as a result of any insurance proceeds available to
either the CITY or the CONTRACTOR.
9. PAYMENT BY CITY
9.1.
The CITY agrees to pay the CONTRACTOR in current funds for the performance
of the contract, subject to additions and deductions as provided in the Contract
Documents.
10. CHANGES IN THE WORK
10.1.
The CITY, without invalidating the Contract, may order extra work or make
changes by altering, adding to or deducting from the work, the Contract sum
being adjusted accordingly. All such work shall be executed under the conditions
of the original Contract. Any claim for extension of time caused thereby shall be
made in writing at the time such change is ordered. Changes in the work must be
processed as set forth in the General Conditions for Construction (GC-57).
10.2. All change orders and adjustments shall be in writing and approved by the Project
Manager, otherwise, no claim for extras will be allowed.
10.3.
Claim of payment for extra work shall be submitted by the CONTRACTOR upon
certified statement supported by receipted bills. Such statements shall be
submitted for the current contract payment for the month in which the work was
done. No claim for extra work shall be allowed unless same was ordered, in
writing, as aforesaid and the claim presented at the time of the first estimate after
the work is completed.
11. PROJECT ENGINEER
11.1. The Project Engineer ("Engineer") is P~aRIlleming,
11.2.
The Project Engineer shall have general supervision and direction of the work.
The Project Engineer is the agent of the CITY only to the extent provided in the
Contract Documents and when in special instances he has the authority by CITY
to act, and in such instances he shall, upon request, show CONTRACTOR such
authority in writing. He has authority to stop the work whenever such stoppage
may be necessary to insure the proper execution of the Contract.
11.3. As the Project Engineer is, in the first instance, the interpreter of the conditions of
C-6
the contract and the judge of its performance, he shall side neither with CITY nor
with CONTRACTOR, but shall use his authority pursuant to the Contract to
enforce its faithful performance by both parties.
11.4. In the event of a dispute, the role of the Project Engineer is to make
recommendations to the Project Manager who shall make the final decision.
12. INSURANCE
12.1. The Contractor shall obtain and maintain insurance as set forth in the General
Conditions for Construction (GC-28).
13. CONTRACT CONTROLS
13.1.
This Contract must be construed with all other Contract Documents, a master set
of which shall be maintained by the City Clerk of the CITY. In the event of a
dispute, only the master set of documents, or copies thereof certified by the City
Clerk, shall be used as evidence.
13.2.
In the event of a conflict between the requirements or specifications set forth in
the Contract Documents, the conflict shall be resolved by written interpretation by
the CITY, or its representatives as set forth in the General Conditions for
Construction (GC-18). In reconciling conflicting provisions of the Contract
Documents, the Contract shall have the greatest weight, followed by the General
Conditions for Construction and finally by the balance of the Contract Document
14. TIME OF ESSENCE
14.1.
Inasmuch as the provisions of the Contract Documents relating to the times of
performance and completion of the work are for the purpose of enabling the CITY
to complete the construction of a public improvement in accordance with a
predetermined program, all such time limits are of the essence of the Contract.
15. REMEDY FOR DELAY
15.1.
In the event of any delay in the project caused by any act or omission of the
CITY, its agents or employees, by the act or omission of any other party other
than the CONTRACTOR, his agents, employees or subcontractors, or delay
caused by weather conditions or unavailability of materials, the sole remedy
available to CONTRACTOR shall be by extension of the time allocated to
complete the project.
15.2.
NO MONETARY DAMAGES SHALL BE CLAIMED OR AWARDED TO
CONTRACTOR IN ASSOCIATION WITH ANY DELAY IN THE PROJECT
CAUSED BY AN ACT OR OMISSION OF THE CITY, ITS AGENTS OR
EMPLOYEES. CONTRACTOR ACKNOWLEDGES THIS LIMITATION ON
RECOVERY AND ASSUMES ALL MONETARY RISK ASSOCIATED WITH
THIS LIMITATION.
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CONTRACTOR hereby acknowledges that hel~la~ read and understands the
above provision.
INTIALS
15.3.
Failure on the part of CONTRACTOR to timely process a request for an
extension of time to complete the work shall constitute a waiver by
CONTRACTOR and CONTRACTOR shall be held responsible for completing
the work within the time allocated by this contract.
15.4. All requests for extension of time to complete the work shall be made in
accordance with the General Conditions for Construction (GC 24)
15.5. For the purpose of this section, the phrase "the CITY, its agents and employees"
shall include but shall not be limited to the Project Engineer and Project Manager.
16. DISPUTES
16.1. Disputes shall be resolved as set forth in the General Conditions for Construction
(GC-19).
16.2 Upon resolution of a dispute by the Owner, either party may request the
appointment of a mediator.
IN WITNESS WHEREOF, the CITY has caused these presents to be signed by its
Mayor, attested to by the City Clerk with the Corporate Seal of the said CITY and the
CONTRACTOR has executed these presence the day and year herein before written.
Signed, sealed and witnessed
in the presence off
.x\\\\\ II, t///.
City Clerk
Signed, sealed and witnessed
in the presence qf:
CITY OF-BOYNTON BEACH, FLORIDA
Kurt Bressner, C~_ty l~lanager
Approved as to Form: /~
//
/~ S~f ~'- ~y Att0mey
CHAZ EQUIP¢~T CO., INC.
President of Vice President
C-8
State of Florida
County of Palm Beach
)
) SS.'
)
Attest as to CONTRACTOR
On this ~ day of L(~.(L , ,.21)o~, personally appeared before me, duly authorized
to administer oaths, '~rw~l?~t/ (c~-7_-~_~.~D~_._i known to be the
persons described herein--m: '~vh~ has produced as
identification and who executed the foregoing instrument and has acknowle_.dged before me that
they have executed same.
No~ar~ Public ' ,.~.,
My Commission Expires: ' ~"~CA_F~'.CXe_ V~[.~
il ,,~;~,::~:.. m£ n. m"
II~ MY COMMISSION, CC 904425
II ~_L...~. ~.-'" EXPIRES: Januay 23, 2004
~ ',I,&F.~'- Bonded Thru Noisy Public Undenvnters
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Tae city of
Borvnton Beach
Procurement Services
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
Telephone No: (561) 742-6320
FAX: (561) 742-6306
NOTICE TO PROCEED
TO:
CHAZ EQUIPMENT COMPANY, INC.
3460 FAIRLANE FARMS ROAD, #8
WELLINGTON, FL 33414
ATTN: Gary Czajkowski
DATE: DECEMBER 3, 2002
PROJECT:
"THE CONSTRUCTION OF N.E. 19TM AVENUE SANITARY SEWER MAIN
AND WATER MAIN REPLACEMENT"
BID #002-2413-03/CJD
You shall commence WORK in accordance with the Agreement dated: October 15, 2002 on or before
December 9, 2002 and you are to complete the WORK within 120 CALENDAR DAYS thereafter.
The date of completion of all WORK is therefore: April 7, 2003.
The Contractor's point of source for all activity relating to this project will be:
Contact Person:
Title:
Paul Fleming
Sr. Project Manager
CITY OF BOYNTON BEACH
Bill Atkins, Deputy Director of Financial Services
Telephone: (561) 742-6487
ACCEPTANCE OF NOTICE
Receivt of the above NOTICE TO PROCEED is hereby acknowledged by:
nt ....
S,gnature: /' ~J Title: //. c.~O/e-O'7~
UserDepar e~nt
Finance /
Central File
File
America's Gate~va~v to the Gulfstream
BOND NO. 1307725
PUBLIC CONSTRUCTION BOND
}~Y THTS BON-O, We CHAZ EQUIPMENT COMPANY, INC.
_, as
and GREAT AMERICAN INSURANCE COMPANY
_, a corporadon, as Surety, are
bound to City of Bo~ton Beach, herein calied Owner, in the sum of
$ 219,792.50 , for payment of which we bind ourselves, our heirs,
perso,al representatives, successors, and assigns, jointly and severally.
ThE CONDITION OF TH2S BOND is that if Principal:
I. Performs the contract dated NOVEMBER 19, 2002
PROJECT NO. SWR06/4 AND WTR05/4 , between Principal and Owner
for construction of ~ON£TP. UCTION .OF NORTHEAST ~gth ^lt~v ~tm'r'~',AR~/e contract being
,SEWER Yu~.I~ REPLACEMENT AND WATERMAIN REPLACEMENT.
made a part of this ~onaoy rare:ch..e, at me times ant: m the manner prescribed in the
contract~ and
2. Promptly makes payments to ali claimants, as defined in Section ~'~ n,~(!),
............ ,,.,,~ Statutes,
supplying Principal with labor, mater/als, or supplies, used directly or indirectly by Principal
in the prosecution of' the work provided for the contract; and
3 Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, {.hat Owner sustains because of a default by Pr/nc/pal under the contract; and
4. Performs the guarantee of a]] work and matct;als ~urnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.
$. Any changes in ox' under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes do not affect Surety's obiigation under
this bond.
6. The paymen~ ~rovisions of bonds furnished for public work contracts described in subsection
(1) shall, regardless of form, be construed and deemed statutory bond provisions, subject to
ail requirements of subsection (2).
.............. t,,-,v~s,,-,ns of chapter 47, any action authorized under this section may be
brought in :ho county in which the public building or public work is being constructed or
repaired, This subsection shall not apply to an action instituted I~nor to May 17, 1977.
2. Ail' bonds cxezated pursuant to this section shall make reference to this section by number
and shaii cont. aln reference to the notice and time limitation provisions of this section.
In lieu of' :he bond required by this section, a contractor may file with the state, county, city or
other political authority an alternative form of security in the form of cash, a money order, a
certified check, a cashier's check, an irrevocable letter of crud/t, or a security of a type listed
in part ri of Chapter 625. Any such alternative form of security shall be for the same purpose
and be subject ro the same conditions as those applicable to the bond required by this section.
The determination of thc value of an alternative form of security shall be made by the
appropriate state, county, city, or other political subdivision.
DATED ON
DECEMBER 5, 2002
CHAZ E(
(Name
COMPANY, INC.
incipal)
/
GREAT A-~RICAN INSURANCE C01~A1W/
BY:
AUDREY BO~ ATTOI[~EY-IN-FACT
580 WALNUT STREET · CINCINNATI, OHIO 45202 · 513-369-5000 · FAX 513-723-2740
POWER OF ATTORNEY
The number of persons authorized by this power of attorney is not more than FIVE No. 016532
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized
· existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; for all obi/gees including any and all consents required
by the Department of Transportation, State of Florida, incident to the release of retained percentages and/or final estimates; provided that the
liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated
below. -
Name Address Limit of Power
BRIAN ~.r. WEST PALM BEACH, FLORIDA $10,000,000
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this
Attest 2nd day of Octobe. r ,1998
GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON -- ss:
On this ~ day of . October, 1998 before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly sworn, deposes and says ttaat he resided'in Cincinnati, (~hio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behal£o£ the Company, as surety, any and all
bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereol;; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract or suretyship, or other written obligation in the nature thereol;, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually aflYxed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secreta~ of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 5th day of DECEHBER , 2002
SI 157C (I I '97~ (FLORIDA)