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HomeMy WebLinkAboutNutt Construction, LLCCnOF SE,BASTLv HOME OF PELICAN ISLAND 1225 Main Street Sebastian,FL 32958 (772)388-8214 Phone March 1, 2017 Nutt Construction, LLC 104 Carnoustie Court Tullahoma, TN 37388 RE: Release of Payment & Performance Bond for Sebastian Municipal Golf Course Irrigation—Bond # NFL1068 Dear Clay Uselton: I am releasing payment and performance bonds #NFL1068 issued by Merchants National Bonding, Inc. in the amount of $372,000.00 to the City of Sebastian to Provide Irrigation at the Sebastian Municipal Golf Course. Sincerely, J nette Williams, MMC City Clerk Attachment: Original Bonds #NFL 1068 an a SEBASTWN HOME OF PELICAN ISLAND CERTIFICATE OF PROJECT COMPLETION Date Accepted: 02/01/17 Project Name & M Golf Course Irrigation Total Project Expenditures: $ 890,514.95 Project Location: Golf Course Contractor(s): Nutt Construction / Hector Turf / ISCO / Misc Contract Amount(s): $ 372,000.00 / $ 326,074.59 / $ 177,458.39 / $ 14,981.97 Pursuant to the above captioned contract and in compliance of same, we the undersigned do hereby certify that this project is complete. Issuance of this certificate releases the contractor from any further responsibility as stipulated in the contract as it relates to bond performance, payment of subcontractors, release of liens, maintenance and indemnity. All contractual obligations as to warranty, insurance, indemnification and patents, shall remain in full effect for the contractually stipulated period of time. In no way does the issuing of this certificate release the Contractor from all legal obligations as stipulated in Chapter 713 of the Florida Statutes. Therefore, having reviewed the contract and inspected the work, the undersigned to hereby accept the segment as being complete. c� z-�7- Project Manager Date Z Z)`� Buildin fficial (if applicable) -DAte 1LzL'ym 2-2,S-/ City rk = -. _ Date PROJECTID A1640 Golf Course irrigation System Revenue S 600,000.00 415010381130 At 540 (Interfund Transfer from 130 DST) Revenue S 290.515.00 415010381148 A1540 (Inteffund Transfer from 480 Bldg Dept) Expenses S 890,515.00 4151514606325A1540(IOTB-lmgation) Budget S 890.515.00 FY 15 FY 16 FYI? 600325 6063]5 606400 DATE CHECK# PON DESCRIPTION VENDOR AMOUNT AMOUNT AMOUNT TOTALS Imgaeon Tower Computer 07118/15 CC ImidMwn to BM Treasure Coast Newspaper 141.70 141.70 1115/15 914% 7547 Materials for Irrigation ISCO Industries, Inc. 61.753.60 61,753.60 HectorTurf 324,817.59 1116115 91456 7547 Materials for lmgation ISCO Industries, Inc. 75,054.60 75,054.60 ISCO 177,458.39 11/12/15 914M 7547 Malerialsferinn abon ISCO Industries, Inc. 882.00 682.00 Nutt Const 372,000.00 11/12/15 914M 7547 Materialsforlmigation ISCO Industries, Inc. 39,634.13 39,634.13 Misc 10,241.70 1211/15 91456 7547 Materiels for lmgalion ISCO Industries, Inc 3,1-/76 3,057.76 1115/15 91449 7546 Materials for Irrigation Hector Turf 212,428.50 212,428.W 1115/15 91449 7546 Materials for Irrigation Hector Tuff 433752.77 433,752.77 1115/15 91449 7546 Matenals for Irrigation Hector Turf 320,.40010 320,000.00 11/10/15 91449 7546 Materials for Irrigation Hector Tuff 200.1 21.00 11/30/15 91449 7546 Materials for Irrigation Hector Tud 1,9l 196560 iz,0115 91354 76M Design B Build Nutt Construction 48.450.1 48,450.00 12/04/15 91521 7546 Materials for Irrigation Hector Turf 5,398.10 5398.10 12/18/15 91572 7547 Materials for Irrigation ISCO Industries, Inc. 355.50 355.50 12/31/15 9127 76M Design B Build Nutt Commucllen 66,32.00 66300.0 01131/16 91797 7606 Design a Build Nut Construction 85,500.2 85,500.00 0229/16 91988 7606 Design B Build Nutt Construction 82,125.0 82.125.2 119/16 92040 Gnnd slumps Andersons Stump Grinding 52.2 500.2 0321/16 921W 7546 Materiels for lmgation Hedar Turf 123.36 123.38 0324/16 92179 7640 lmgation electric service Complete Electic 9,62.2 9,60000 03/31/16 92246 7606 Design 8 Build NW Construction 52,425.2 52,425.2 0411116 9212 7546 Materials for Irrigation Hedor Tud 8.02 8.02 0425116 316202 7647 Credit for returned materials ISCO Industries, Inc 3,279.20 3,279.20 09/19/76 20945 7546 Credit for retumed materials Hector Turf -9,058.76 -9,05876 09/30/16 93411 7606 Design B Build Nut Construction 372200 3720000 1013/16 J/E Permit for Communication Tozer City of Sebastian 1937 193.64 193.64 1111/16 9341 7889 50 Tozer 1uma Tower Company 3,240.2 3,240.2 3240 1113r16 93549 Slalnless bolts 8 washers for tower Vem Bearing 8 Bot 20.52 20.52 2032 1226116 93894 Insisted antenna 8 antenna wire A1A TerNwlogies 605.77 605.77 605.T 01/10117 93946 Amenna, wires for taxer Hector Tuff 680.34 68034 M34 01/31/17 9421 7983 Computer for irrigation control Hector Tuff 1,075.W 1,075.00 1,075.2 0211/17 9421 Labor to sat up oompumr Hector Tuff 18201 18200 382.2 141.70 884,37598 5,99717 890,514.95 854,517.68 4,740.27 1,257.W Balance 0.05 Upltalired 2016 884,517.68 Capitalized 2017 4,740.27 1.257.00 690$14.95 890,51435 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. NFL1068 CONTRACTOR (Name and Address): NUTT CONSTRUCTION, LLC PO Box 251 Tullahoma, TN 37388 OWNER (Name and Address): City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: October 5th, 2015 Amount: $372,000.00 X. •'�� Premium Amount Based on Final Contract Amount AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. SURETY (Name and Principal Place of Business): MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 Des Moines, IA 50306-3498 Description (Name and Location): Sebastian Municipal Golf Course - Irrigation Sebastian, Florida BOND Date (Not earlier than Construction Contract Date): October 13th, 2015 Amount: $372,000.00 Modifications to this Bond: [ X ] None CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) NUTT 9 CONSTRUCTION, LLC A Ler- Name Si nature: (fjam e and Title: (Any additional signatures appear on page 3) [ ] See Page 3 SURETY COMPANY: (Corporate Seal) MERCHANTS NA NAL O ING, INC. Signature: _ - Name andIt = - Gregory E. ash , Attorney -in -Fact - FOR INFORMATION ONLY -Name, Address and Telephone OWNER'S REPRESENTATIVE (Architect, AGENT OR BROKER: or Engineer or other party): Bonds Southeast, Inc. 103017th Ave South Nashville, Tennessee 37212 (616) 321-9700 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1738 NEW YORK AVE., N.W., WASHINGTON D.C. 20006 THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a contractor default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its rights to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 4.2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 6. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA ® A 312-1984 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D.C. 20008 THIRD PRINTING - MARCH 1987 r• I The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Company: (Corporate Seal) Signature: n/a Signature: n/a Name and Title: Name and Title: Address: Address: (Corporate Seal) AIA DOCUMENT A312 PERFORMANE BOND AND PAYMENT BOND DECEMBER 1884 3D., AIA O A312-1984 3 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 Bond No. NFL10eo oo THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural whore applicable. CONTRACTOR (Name and Address): NUTT CONSTRUCTION, LLC PO Box 251 Tullahoma, TN 37388 OWNER (Name and Address): City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: October 5th, 2015 Amount: $372,000.00 SURETY (Name and Principal Place of Business): MERCHANTS NATIONAL BONDING, INC. P.O. Box 14498 Des Moines, IA 50306-3498 Description (Name and Location): Sebastian Municipal Golf Course - Irrigation Sebastian, Florida BOND Date (Not earlier than Construction Contract Date): October 13th, 2015 Amount: $372,000.00 Modifications to this Bond: X None CONTRACTOR AS PRINCIPAL COMPANY: (Corporate Seal) NUTT CONSTRUCTION, LLC Signature: T Name and Title: (Any additional signatures appear on page 6) FOR INFORMATION ONLY -Name, Address and Telephone AGENT OR BROKER: Bonds Southeast, Inc. 103017th Ave South Nashville, Tennessee 37212 (615) 321-9700 See Page 6 SURETY COMPANY: (Corporate Seal) MERCHANTS NATION L BONDING, INC. _ Signature: ` Name and T' . Gregory E. Nash, Attorney -in -Fact OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1884 ED., AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING - MARCH 1987 1'The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- rated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly, or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials, or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority ity to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall nave under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED., AIA® A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVE., N.W., WASHINGTON, D.C. 20D06 THIRD PRINTING - MARCH 1987 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fumish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: None materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractors subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: n/a Signature: n/a Name and Title: Name and Title: Attorney -in -Fact Address: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1884 ED. AIA® A312-1984 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 MERCHANTS BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companiesl do hereby make, constitute and appoint, individually, Gregory E Nash; Kelly L Berry; Phillip H Condra their true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. FIFTEEN MILLION ($15,000,000.00) DOLLARS This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recogn'izances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 15th day of August 2015 '(1014-4�''� *•..• C �''.,, ,•0 *NG •Cp ••. • �%!,o •� MERCHANTS BONDING COMPANY (MUTUAL) �� •-..• �4 . • • MERCHANTS NATIONAL BONDING, INC. d •—s COD gn. •Z: �:3' zxv 2003 .n = • y. 1933 ' ti: • • Jct .;�Q. BY STATE OF IOWA'~•�,,,//�',�ii.NIN''`', ' • • • • • • • • COUNTY OF Dallas ss. President On this 15th day of August , 2015 , before me appeared Lary Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. t51LA WENDY WOODY i410w,."� Commission Number 784654 My Commission Expires �C • .lune 20 2017 Notary Publr , PCounty,a (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of October , 2015 . POA 0014 (6115) Secretary