R94-72RESOLUTION NO. R94-~
A RESOLUTION OF THE CITY CO~5~ISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE AWARD OF A BID FOR THE
WOOLBRIGHT ROAD MEDIAN LANDSCAPE TO
TUTTLE'S DESIGN BUILD, INC., IN THE
AMOUNT OF $62,943.40; AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE A CONTRACT BETWEEN THE CITY OF
BOYNTON BEACH AND TUTTLE'S DESIGN BUILD,
INC.; AND PROVIDING AN EFFECTIVE DATE.
Wq4EREAS, bids were received for the Woolbright Road
Median Landscape Project, Bid No. 034-721-94/VSMG; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, has deemed it to
be in the best interests of the citizens and residents of the
City of Boynton Beach, Florida to award the bid to TUTTLE'S
DESIGN BUILD, INC., as the most responsive and responsible
bidder meeting specs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, hereby approves the award of a bid for the
Woolbright Road Median Landscape to TUTTLE'S DESIGN BUILD,
INC., and authorizes and directs the Mayor and City Clerk
execute a Contract between the City of Boynton Beach and The
TUTTLE'$ DESIGN BUILD, INC., a copy of which is attached
hereto as Exhibit "A".
Section 2. That this Resolution
effective immediately upon passage.
shall become
PASSED AND ADOPTED this /~ day of April, 1994.
CITY OF BOYN~ BEACH, FLORIDA
ATTEST:
Cit~ Clerk
(Corporate Seal)
Authsig.doc
Woolbright.
3/9/94
Commissioner
Project ~ t68.10
CONTRACT
THIS AGREEMENT, made and entered into this . '~ day of
~ , A.D. 19 ~ , by and between the CITY OF BOYNTON
BEACH, a municipal corporation of Florida, hereinafter call the
"CITY and
TUTTLES DESIGN, INC.
Florida Corporation (_~X_)
a Florida general partnership ( )
a Florida limited partnership ( )
a sole proprietor ( )
Check one
hereinafter called "CONTRACTOR".
WITNESSETH
That under the due procedure of law, bids were heretofore
received by the City Commission of said CITY for the performance of
work and supplying materials, hereinafter described, and said
Commission having canvassed said bids, has determined that the bid
in the total amount of Sixty. Two Thousand Nine Hundred Forty--Three
Dollars and 40/100 ($62,943.40) submitted by the aforementioned
CONTRACTOR was the best and most desirable bid submitted, and has
authorized the execution of this contract.
NOW, THEREFORE, in consideration 6f these premises and the
mutual conditions and covenants contained herein, the parties agree
as follows:
1.0 AGR~F,M~N'~
t.1 The CITY does award the contract to and does hire
and employ the CONTRACTOR and the CONTRACTOR does accept the award,
predicated upon the bid of the CONTRACTOR, dated March 29, 1994,
whick is hereby incorporated by reference into this agreement, and
the CONTRACTOR does agree to furnish the necessary labor, tools,
equipment, materials and supplies, etc., and to perform all the
work provided in the bid, contract documents, bond documents, plans
and specifications for WOOLBHIGHT ROAD MEDIAN LANPSCAPE, City of
Boynton Beach, Florida, all of which are incorporated herein by
reference at such unit prices/or lump sum prices as specified in
CONTRACTOR'S bid totalling $62.9&3.~0.
2
2.0 SCOPE OF SERVICES
2.1 Contractor further agrees 5o 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 conditions, supplemental general conditions and
special conditions of the con~rac~, plans which include all maps,
plats, blueprints, and other drawings and printed or written
explanatory matter thereof as contained in the bid, contract
documents and specifications for the pro]ec~.
· 2.2 All the work and labor performed under this contract
shall be performed, and all of the material furnished shall be, in
strict conformity with said plans and specifications, and
contractor~accE ~ contained in said
p!an~ and specification expressly agrees to comply with every
requlrement and ~ contained to be performed by
the party work.
2.3 THE CONTRACTOR further agrees to furnish all tools,
equipment, materials and supplies and to do all the work above
mentioned in a first-class, substantial andworkmanlike manner, and
in conformity with the details for said work on file in the office
of the City kngineer of ~e C~TY and strictly in accordance with
the specifications, general stipulations and plans which are hereby
referred t° and made a prat o~ this contract, as well as to the
satisfaction of the City~¢~mmi~sion and t~e City Engineer of the
said CITY, and in strict obedience!with the directions which may be
given by the said City E~heer or his authorized representative,
at and for the prices he~n plainly set forth.
2.4 Upon receipt of ~ritte~ notification from the CITY, to
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. Contracto~ shall make the necessary corrections
within ten (10) days of receipt of the written notice.
2.5 To comply with the provisions of Section 215.19, Florida
Statutes, if applicable.
2.6 To pay promptly, before final settlement, any and all
claims or liens incurred in and about this work. Furnish release
of liens forms from all subcontractors and suppliers of ma=erials.
Forms to be specified by CITY.
2.7 The CONTRACTOR shall 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 ~n 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.
Payment of monthly or partial estimates may be withheld until this
has been done to the satisfaction of the City Engineer. Final
acceptance and payment for the entire project will not be made
until the site is satisfactory to the CITY.
2.8 The CONTRACTOR shall at all times observe and comply with
the provisions of the charter, ordinances, codes and regulations of
the City of Boynton Beach, Florida.
2.9 Upon completion of the work, the City Engineer shall
satisfy him-self, by examination and test, that the work has been
fully completed ~n accordance with the plans, specifications and
contract doc~ments. When the City Engineer is so satisfied, he
shall recommend acceptance thereof to the City Manager, who shall,
if he agrees with such recommendation, present the final payment
application to City Commisslon for revlew and vote to formally
accept the project. The right of general supervision of the CITY as
hereinafter provided under "authority of the engineer" shall not
make the CONTRACTOR an agent or employee of the CITY, but the
CONTRACTOR shall at all times, and in all respects have the rights
and liabilities of an independent contractor.
2.10 After the cleaning up of the work, premises, streets,
alleys, manholes, catch basins, or other areas of structures in
anyway connected with the performance of the contract, the work as
a whole shall be inspected by the City Engineer, and any
workmanship or materials found not meeting the requirements of the
specifications hall be removed by or at the expense of the
contractor and good and satisfactory workmanship or material
substituted therefor. All settlement, defects or damage upon any
part of the work shall be remedied and made good by the contractor.
2.11 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.
3.0 CO~fI~ENCE~N'~ OF WORK
3.1 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
30 days following the commencement date as specified in same.
4
3.2 Time is the essence of the contract. In the even~ the
CONTRACTOR shall fail in the performance of the work specified and
required to be performed within the time limit se~ forth in the
contract, after due allowance for any exsension or extensions of
time made in accordance with provisions hereinbefore set forth, the
CONTRACTOR shall be liable ~o the CITY, as liquidated damaqes and
not as a penalty, in the amount stipulated therefore in the ~pecial
conditions or in o~her contract documents for each and every
calendar day that the CONTRACTOR shall be in default of completion.
The CITY shall have the right to deduct said liquidated damages
from any amoun~ due, or that may become-due the CONTRACTOR, or to
collect such liquidated damages from the CONTRACTOR or his Surety.
3.3 CONTRACTOR shall, as soon as practicable, after signature
of contract, notif~ City Engineer in writing of names of
subcontractors proposed for principal parts of work, and~ for such
others as city ~g~neer may direct, and shall not emptoY any that
architect may, within a reasonable time, object to as incompetent
or as unfit.
4.0 LZQUZDATED DAMAGES
4.1 The CONTRACTOR further agrees to pay $
day as liquidated damages, for failure to begin
days and failure to complete the work within 30
from the date of "Notice to Proceed".
250.00 per
within ten (10)
calendar days
5.0 PROTECTION OF EXISTING FACILITIES
5.1 The CONTRACTOR warrants that prices include the protection
and continuous use of all existing sewers, conduits, drains, pipes,
buildings, walks, bridges, and other construction encountered, and
the prompt repairing of any damage done to them during the progress
of the.work, or from insufficient support thereafter; also, all
filling, backfilling, tamping, ramming, puddling and consolidating;
the removal and disposal of all rubbish and surplus materiaL; also
all pumping, bailing, draining, or unwanering of all excavations,
incidental to the execution of the work; also the furnishing of all
necessary labor, tools, equipment, materials and supplies, etc. and
the performance of the whole work mentioned in the detailed plans
and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the
suspension or discontinuance of the said work specified and a
faithful compliance with each and every one of the requirements of
the contract and for the maintenance of the entire work and
construction in good condition and repair until final acceptance.
5
5.2 The CONTRACTOR shall assume full responsibility and
expense for the protection of all public and private property,
structures, water mains, sewers, utilities, etc., both above and
below ground, at or near the si~e or sites of the work being
performed under the contract, or which are in any manner affected
by the prosecution of the work or the transportation of men and
materials in connection therewith.~ The CONTRACTOR shall give
reasonable written notice in advance ~o the department of the CITY
having charge of any property or utilities owned by the CITY and ~o
other owner or owners of public or prlvate property or utilities
when they will be affected by the work to be performed under the
contract, and shall make all necessary arrangements with such
department, departments, owner or owners for the removal and
replacement or protection of such property or utitties.
6.0 INDemNIFICATION
6.I The CONTRACTOR shall indemnify and save harmless and
defend the CITY, its agenns, 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.
6.2 Contractor shall indemnify and save harmless and defend
City, its agenns, servants, and employees from and against any and
all causes, claims, demands, actions, losses, liabilities,
settlements, judgments, damages, costs, expenses, and fees
(including without limitation reasonable attorney's and appellate
attorney's fees) of whatsoever kine or nature for damages to
persons or properny 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 performacne. The
contractor and the City hereby agree and covenant that teh
Contractor has incorporated in its original bid, which constitutes
the contract sum payable by the City to the Connractor, specific
additional consideration sufficient to support this obligation of
indemnification provided for in this paragraph. It is the City's
and Contractor's full intention that this provison shall be
enforceable and said provision shall be in compliance witk Florida
Statute 725.06.
6.3 The execution of this Agreement by the Contractor shall
obligate Contractor to comply with the foregoing indemnification
provision, as well as teh insurance provisions which are set forth
in Article herein. However, the indemnification provision,
and the insurance provison contained in this Contract are not
interdependent of each other, each one is separate and distinct
from the other.
6
6.4 The obligation of the Con~rctor 5o indemnify the City is
not subject to any offset, limitation or defense as a result of any
insurance proceeds available ~o either the City or the Contractor.
7.0 PAYMENT BY CITY
7.1 The CITY agrees ~o pay the CONTRACTOR in current funds for
the performance of the contracc, subject ~o additions and
deductions as provided in the specifications.
8.0
CHANGES IN THE WORK
~.1 The CITY, without invalidating the Contract, may order
extra work or make changes by altering, adding to or deducting from
the work, the Contrac~ 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.
8.2 Ail change orders and adjustments shall be in writing and
approved by the City Manager or City Commission if required,
otherwise, no claim for extras will be allowed.
8.3 The General Contractor and all of his subcontractors shall
be apprised of, and familiar with, the following conditions and
procedures governing ex=ra work under the Contract:
8.3.1
Any change order has to be recommended by the
City Manager and officially approved by the
City CommiSsion before any steps are taken to
implement the change .order.
8.3.2
Should the Contractor or any of his
subcontractors commence with his work without
making a claim in writing for unforseen extra
work he encounters, it will be construed as an
acceptance and agreement by him that any such
work is required under the contract and no
future claim for such extras will be considered
or allowed by the CITY.
8.3.3
No claim for extra work will be allowed unless
and until authority for same by written Change
Order has been obtained from the City Manager
or the City Commission of Boynton Beach, if
necessary, which authorization will be signed
by the Mayor.
8.4
7
8.3.4
Changes in the work directed in writing by the
CITY's Representative under the following
procedures shall become a part of the Contrac~
by a written Change Order.
8.3.5
Information regarding changes in the work
involving claims to the CITY for additional
work, credits, and/or adjustments under the
Consracc shall be promptly cransmitted in
writing by the General Contractor to the C~T¥'s
Representative with full explanations and
justifications for his consideration an
preparing a Change Order to the Contract.
The value of any change ordered under the Contract for
extra work and/or any reductions in work required, shall
be determined under one or more of the following
procedures before a written Change Order is issued:
8.4.1
By such applicable unit prices, if any, as are
set forth in the Contract except in those cases
where increases in quantities exceed fifteen
(15) percent of the original bid quantity and
the total dollar change of that bid item is
significant in the opinion of the Engineer the
unit price shall be subject to review to
determine if a new unit price should be
negotiated; or
8.4.2
8.4.3
If no such unit prices are se~ forth, then by a
lump sum or other unit prices mutually agreed
upon by the CITY and the Contractor; or,
By cost reimbursement which is the actual cost
for labor, direct overhead, materials,
supplies, equipment and other services
necessary to complete the work plus fifteen
(15) percent ~o cover the cost of general
overhead and profit. For all labor and foreman
in direct charge of the authorized operations,
the Contractor shall receive the current local
ra~e of wages to be agreed upon in writing
before starting such work, for each hour said
labor and foreman are actually engaged thereon.
An upper limit of total cost and of profit
shall be agreed upon and shall not be exceeded
unless approved by the CITY.
8.4.3.1
8.4.3.2
8.4.3.3
8.4.3.4
8.4.3.5
8.4.3.6
8
The Contractor shall submit sufficient
cost and pricing data to enable the
Engineer 5o determine the necessity and
reasonableness of costs and amounts
proposed and the allow ability and
eligibility of costs proposes.
The Contractor shall have an accounting
system which accounts for such costs in
accordance with generally accepted
accounting principles. This system shall
provide for the identification,
accumulation and segregation of allowable
and unallowable Change Order costs.
Where it is indicated that the Contract is
federally or State assisted, the
Contractor's attention is directed to the
applicable rules and regulations relative
to cost principles which must be used for
the determination and allowability of
costs under grant.
In no case shall fringe benefit costs on
direct labor costs exceed forty (40)
percent of direct labor costs.
In no case shall the Contractor and
Subcontractors' general overhead and
profit in the aggregate exceed fifteen
(15) percent of the total cost of direct
labor, fringe benefits, direct overhead,
materials, supplies, equipment and
directly related services supplied by him.
Aong the items considered as general
overhead are bonds, insurance,incidental
job burdens, supervision and general
office expenses.
In no case shall the Contractor's cost for
administeringsubcontracts exceed five (5)
percent of the subcontractors'cost not
including subcontractors' profit.
8.4.3.7
8.4.3.8
9
For special equipment and machinery such
as power driven pumps, concrete mixers,
trucks, and tractors, or other equipment,
required for the economical performance of
the authorized work, the Contractor shall
receive payment based on the agreed rental
price for each item of equipment and the
actual time of its use on the work
provided that the rental price shall no~
exceed the current rates published by the
Equipment Guide Book Company in the Blue
Book, "Rental Rates for Construction
Equipment". Rate shall be daily, weekly
or monthly as appropriate.
Records of extra w~rk done shall be
reviewed at the end of each day by the
Contractor and the Engineer. Such daily
records shall clearly distinguish between
the work done under %he contract and that
done under the Change Order. Duplicate
copies of accepted daily records shall be
made, signed by the Contractor and the
Engineer and one copy retained by each.
8.5
9.0
Claim of payment for extra work shall be submitted by the
Contractor upon certified statement supported by receipted
bills. Such s~atements 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 the same was
ordered, in writing, as aforesaid and the claim presented at
the time of the first estimate after the work is completed.
9.1 The project engineer shall be
KEVIN J. HALLIHAN
KENNETH HALL
ENVIRONMENTALIS~
- FORESTER
- ENGINEER
INSPECTOR
9.2
The Engineer shall have general supervision and direction
of the work. He is the agent of 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 written
authority. He has authority to stop the work whenever
such stoppage may be necessary to insure the p r o p e r
execution of the contract.
10
9.3
As the Engineer is, in the firs5 instance, the
interpreter of the conditions of the contract and the
judge of its performance, he shall side neither with CITY
nor with CONTRACTOR, but shall use his power under the
contract to enforce its faithful performance by both.
10.0 INSURANCE
10.1 The CONTRACTOR shall maintain during the 5erm of this
contract commercial liability, motor vehicle, and property damage
insurance, acceptable to the CITY, covering the work contracted and
all 9perationsin connection herewith, and whenever any of the work
covered in the contract is t0be sublet, CONTRACTOR'S contingent or
protective liability and property damage insurance. Such insurance
~hall provide limits not ~esS than those set forth on the insurance
requirement schedule attached as Exhibit "A".
10.2 Required insurance shall be documented in a certificate of
insurance which provides that the CITY of Boynton Beach shall be
notified at lea~t fifteen (15) days in advance of cancellation,
nonrenewaI or adverse change. Contractor agrees to furnish
policies if Certificate of Insurance is not acceptable.
10.3 The CONTRACTOR shall take all necessary precautions to
prevent the generation of laud, unnecessary noise in conjunction
with his opera~ions at the wQrk Site. Internal combustion engines
used on construction equipment shall be equipped with mufflers, as
required by the Code of the City of Boynton Beach, and the
CONTRACTOR shallcomply with all o~her requirements of this Code as
they pertain to prevention of noise. No pi!edriver, excavating or
other construction~equipment, pneumatic hammer, derrick, the use of
which is attended by ~oud Or unusual noise, shall be operated
between the hours of 6:00p.m. and 7:00 a.m., except by written
permission of the City Manager, and then only in case of emergency.
11.0
GUARANTEE AND WARRANTXKS
11.1 Ail the work shall be guaranteed ~o remain in good
condition for one year from date of acceptance.
12.0 TERMINATION OF CONTRACT
12.1 If the work to be performed under the contract is assigned
by the CONTRACTOR other than provided for herein; if the CONTRACTOR
should be adjudged as bankrupt; if a general assignment of his
assets be made for the benefit of his creditors; if a receiver
should be appointed for the CONTRACTOR or any of his proper~y, if
at any time the Engineer shall certify in writing to the City
Manager that the performance of the work under the contract is
being unnecessarily delayed or that the CONTRACTOR is willfully
violating any of the conditions, provisions, or covenants of the
contract, plans or specifications, or that he is executing the same
11
in bad faith or otherwise not in accordance with the terms of the
contract; if the work be no~ fully completed within the time named
for its completion or within the time to which such completion date
may be extended; or if other just causes exist, then the City
Manager may serve ten (10) days' written no~ice upon the CONTRACTOR
of ~he intent ~o terminate the contract for the CITY and if the
contractor shall not, prior to the effective date of termination
se~ forth in such notice, take such measures as will, in the
judgement of the City Manager, insure the satisfactory performance
of the work, the City Commission and the City Manager may declare
the contract terminated on the effective date specified in such
In the event of such
shall notify the CONTRACTOR and
immediately respect such notice and
any right to the possession of the
I1 forfE ~ct. Upon such termination the
.1 provide with written no~ice o~ the
and the in ten (10) days of receipt
of said notice remedy or the surety shall as
expeditiously as possible:
12.1.1 Complete t~e contract in accordance with its ~erms and
conditions, or
12.1.2 Obtain a bid or bids for completing the Contract in
accordance witk its terms and conditions, and upon determination by
Surety and the CITY of the lowest responsible bidder, make
available as work progresses (even though there should be a default
or a succession of defaults under the contract or contracts or
completion arranged under this paragraph) sufficient funds to pay
the cos~ 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 CITY
~o CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
CONTRACT ~OHTROLS
13.1 The subject contract between the CITY and the CONTRACTOR
shall supersede any and all documents executed between the parties
relative to the project. In the event of any inconsistencies the
terms, provisions and conditions set forth in the subject contract
shall supersede all other documents and shall be controlling.
12
14.0
YIME OF ESSENCE
14.1 Inasmuch as the provisions hereof, and of the plans and
specifications herein, and of all the other 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 limprovement in accordance with s predetermined
program, all such time limits are of the essence of the contract.
15.0
RElaY FOR DEl,AY
15.1 In the event of any delay in the project caused by
any ~ct or omission of the City, its agents or employees, the sole
remedy available to Contractor shall be'by extension of the time
allocated to complete tke project. No monetary damages shall b~
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.
15.2 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.
15.3 All requests for extension of time to complete the
work shall be made an accordance with the General and Special
Conditions.
15.4 For the purpose of this section the phrase "the City,
its agents and employees" shall include but shall not be limited to
the architect, project manager, and consulting engineers.
13
In WITNESS WHEREOF, the CITY has caused these presents to be
signed by its Mayor and City Manager, attested by the City Clerk
with the Corporate Seal of the said CITY and the CONTRACTOR has
executed these presents the day and year herein before written.
Signed, sealed and witnessed
in the presence of:
Attest:
City Clerk
CITY OF BOYNTON BEACH, FLORIDA
Signed, sealed and witnessed
State of Florida )
)ss:
County of Palm Beach )
COHTI~CTOR
P~nalty appeared before me duly authorized to administer oaths
to me known to be ~he persons described herein and who executed the
foregoing instrument and have acknowledged before me and they have
executed same.
Notary Public
~ ~ % .y%~miss,on Expires
My Co~ission Expires:
Bond ~X 04276
PUBLIC CONSTRUCTION 80ND
BY THIS BOND, We Turtle's Desi n-Build, In~,
as Principal and
tional Insurance Com any
a corporation, ·
as Surety, are bound to The City of BoVnton BeacL,
Sixty-Two Thousand Nine Hundred Forty-
herein called Owner, in the sum of $_nm~o Dnl~ & -40/]0Q ,
for payment of which we bind ourselves, Our heirs· Personal
representatives, successors, and assigns, jointly and severally.
TeE CONDITION OF T~IS BOND is that if Prinoipal~
1. Pm~forms the contrast dated ,,~ /~
i9~___, between Principal and Owner for construction of W_RR~j~q~
Road Median Landace=-_, the contras= belng~ade a part of this bond
by reference, at the ti~es
and in the manner prescribed in the
contract; and
2. Promptly makes payments to all claimants, as defined in
Section 25~.0~(1~, Florida Statutes, sUp~lying Principal with
labor, materials, 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, that Owner
sustains because of a default by Principal under the contract; and
4. Performs the guarantee of all Work an~ materials
furnished under the contrast for the time specified in the
contract, then this bond is void; otherwise it remains in full
force.
Any changes in or under the contract documents and compliance
or noncompliance with any formalities co.necked with the contract
PCD i
or the changes do not affect Surety's obligation under this bond.
Tuttle's Design-Build, I~. "l'~(N~m- o£ P~ine£pa
~~ance ~ompany
The payment provisions of bonds fur
· ~u ~orpuD~c work con~racts
described in subs~tion (1) shall
, ~rdless ol fo~, be construed
and deemed statu~o~ bond pr~islona, subject to
of s~se~tio. (2).
). in addition to the provisions ol chapter 47, any a=tion
au~horized under this leotion~y be brough~ in the county in which
the publi= building or public work is bel~ constructed or
repaired. This subsection shall not apply to an action instituted
prior to ~y 17, 1977.
6. All bonds executed put,ant to this me=rich shall
reference to this I~tion by n~er ~d shall u~ntain reference
the noti=e and ti~ l~tation provisions of this se=rich.
7. In lieu of the bond required by this section, a
contraotor~y file with the state, =ounty~ city or other political
authority an alternative fo~ of security ~ the ~orm of cash,
money order, a certified check, a cashier,s check, an irrevooabl~
Chapter 625. ~y such alternative fo~ of security shall be for
=he s~ purposm and be subject to the s~s conditions
PCB 2
applicable ~o the bond required by this section. The determination
of the value of an alternative form of security shall be made by
the appropriate state, county, city~ or other political
subdivision.
PBC 3
Preferred NatiOnal insurance Company
Cora~ Spdnss, Rorlda
POWER OF A'I-FORNEY
-- =n0w All Men By :hese Presents; Thc.rem..
y~,ri~, by Stephen Wei~z, Preset, a~ Helane W~z. ~, in pursu~ of euth~ gr~ ~ ~ XI, ~=ion 1 & 2 of ~ By-L~s
- of said Core.ny, whi~ re~s ~ foll~s:
ARTICLE XL SEC~ON I - ~ Chai~an of ~e ~ard or Present or any Vi~ Pmsid~t or ~m~ s~l ha~ ~r ~d au~H~
A~orneys*in-Fa~, and ~ a~ze t~m ~ ex~u~ on ~h~f of ~e Compaq, ~d a~
ARTICLE XI. SEC~ON 2 - ~e signature of ~y ~d o~ ~d ~e ~M of ~e Comply may ~ ~xed by ~csimi~ to ~y P~r M AE~ or
Ce~fi~n ~e~f au~or~ng ~ ~n ~d d~ve~ ofany ~nd un~ing, r~n z~, or o~er sum~sNp o~a~s of
such signature and s~l when so us~ s~l ~ ~ S~e fo~ a~ e~ ~ ~gh manu~ fl~d
Does her~y nominee. ~ns~ ~d ~int
Charles J. Nlel~n, Jack E. Fowler, Jody Young, John Hil~n, M~ Aceves, John S. Harr~ & Elaine F. ~rrls
HOUSED DOLLARS ($~,0~.00)
~ ~' ~ ~-[ tary Public Commission Expires May 24. 1993
I, the undersignscl, Secre~ar~ of Preferred National insunance Company, do hereby certify ~at the onginal Power of Attorney of which the foregoing is a
lull. ~rue and correct copy. is in full force and effect on the date of this cerdficeto; and I do further certify that the President who executed the said Power
of Attorney was specially authorized by the Board of Directors to appoint any Attorney-in-Fact as pmvidod in Article XI, Section 1 & 2 of the By-Laws of
the Preferred National Insurance Company.
This Certificate may be signed by
Company at a meeting duly called and held on t
Resolved. "1'hat tho fensirnile ¢
appearing upon a cerlified cepy* of an
effect as ~hough manuaJly affixed=
IN TESTIMONY WHEREOF, I have hereunto
.......... ~g** ............................... ~9..~J~..** ........
PN6PA.101 (11/89)
resolution of ~e Board of Directors of Preferred National Insurance
whether made heretofore or hematter, wherever
with the same force and
this ............ ~...~/. ........ day of