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HomeMy WebLinkAboutAhrens Performance Bond Hanger CBond -No. 0191449 Document A312 TM —2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Nmne, legal status and address) Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Rd. Lake Park, FL 33403 OWNER: (Nmne, legal states and address) The City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: August 10, 2016 Amount:$ 1,425,658.00 SURETY: nrame, legal slants and principal place of business) Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 Mailing Address for Notices 475 Steamboat Road Greenwich, CT 06830 This document has Important legal consequences. Consultation Wlth an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 Description: (Nmne and location) City of Sebastian Municipal Airport Hangar "C" - Site Improvements, Site Work, Erection & Provision of a Pre -Engineered Metal Hangar Structure BOND Date: August 16, 2016 (Not earlier than Construction Contract Date) Amount:`$ 1,425,658.00 Modifcations to this Bond: © None CONTRACTOR AS PRINCIPAL One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 Sec Section 16 Company: (Corporate Seal) Ahrens Enterprises, Inc. d/b/a Ahrens Companies i` SignamreSl Name aiii�Qfi2fl ��{rS/e/d \and'fitle: �ResiD 14 (Any additional signatures appear on the last page of this Perjonnance Bond.) (FOR LYF02LIATTO)VONLY —Nmne, address and telephone) AGENT or BROKER: Nielson, Hoover&Associates 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 305-722-2663 S-18521AS 8110 SURETY Company: (Corporate Seal) Berkley Ins 21e Compo Signature: 0 Name Charles J. Aelson and Title: Attorney -in -Fact , OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) 3120160049883 RECORDED IN THE PUBLIC RECORDS OF JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL BK: 2961 PG: 1329 Page 1 of 6 8292016 9:36 AM § 1 The Contractor and Surety, jointly and severally, bind themselves, their helm, 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 when applicable to participate in a conference as provided in Section 3. § 3 I there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner docs not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. 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 my, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through Its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surely equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 6.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .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, make payment to the Owner, or .2 Deny liability In whole or in part and notify lite Owner, citing the reasons for denial. § 6 If the Surely does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven 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 Section 5.4, and the Owner refuses the payment 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. 5-1852/AS 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities or 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. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for A the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of lite Surely under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to tire amount of this Bond. § 9 The Surety shall not be liable to the Owner or other; for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance orthe 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 hairs, executors, administrators, successors and assigns. § 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 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competentjurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after Ute 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. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 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. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law'bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to die 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 claim for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf orthe Contractor under the Construction Contract. § 14.2 Construction Contract. "!he agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract, § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the Lem Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatra-es of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: _ Name and Title: Name and Title: Address Address S-18521AS 8/10 No. BI -282a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson; Charles D. Nielson; or Joseph A Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 00/100 U.S. Dollars (U.S.$100,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected 1 officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, a = without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: - RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant `o Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, - or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the IF manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and - — further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any = power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or r other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any ._ person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has ca ed thFse presents to be signed and attested by its appropriate officers and its c corporate seal hereunto affixed thiYQay of ( < C- 2016. .r, 'o_ 1 Attest: Berkley Insurance Company r, F (Seal) By / BY XW Ira S. Lederman JHafter Senior Vice President & Secretary SIM. e President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: v ° COUNTY OF FAIRFIELD ) V � � Sworn to before me, a Notary Public in the State of Connecticut, this �7aday of ( ^ 2016, by Ira S. Lederman and - Jeffrey M. Hafter who are swom to me to be the Senior Vice President and STV, and the Senior Vice esu nt, respectively, of Berkley Insurance Company. MARIA C. RUNDBAKEN /J T NOTARY PUBLIC 71f •C - e/l c MY COMMISSION EXPIRES Notary Public, State of Connecticut y- APRIL 30, 2019 CERTIFICATE z _ - I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a ti true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authgrity of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Att=6n is. attacfied;wis in full force and effect as of this date. Given under my hand and seal of the Company, thisl6th day of August 2016 ,i (Sear). Andr u Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768-3534 or email BSGlnquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. Bond No. 0191449 Document A312 TM —2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: nratne, legal starts and address) Ahrens Enterprises, Inc. d/b/a Ahrens Companies 1461 Kinetic Rd. Lake Park, FL 33403 OWNER: (Marne, legal starts and address) The City of Sebastian 1225 Main Street Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: August 10, 2016 Amount: 51,425, 658.00 SURETY: (Nance, legal status and principal place of business) Berkley Insurance Company 475 Steamboat Road Greenwich, CT 06830 Mailing Address for Notices 475 Steamboat Road Greenwich, CT 06830 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 Description: (Nance and location) City of Sebastian Municipal Airport Hangar "C" - Site Improvements, Site Work, Erection & Provision of a Pre -Engineered Metal Hangar Structure BOND Date: August 16, 2016 (Not earlier than Construction Contract Date) Amount: $1,425,658.00 Modifications to this Bond: One Million Four Hundred Twenty Five Thousand Six Hundred Fifty Eight Dollars and 00/100 None ❑X See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Ahrens Enterprises, Inc. d/b/a Ahrens Companies Signature: Name 4P e /L and Title: SURETY Company: (Corporate Seal) - Berkley Insult r C mpan� Signature: ' Name Charles J. NAson and Tide: Attorney -in -Fact 3120160049882 PUBLIC RECORDS (Any addi!ional signatures appear on the fast page of this Payment Bond.) RECORDED EF REYR SMI HE CLERK OF COURT OF (FOR INFOkILIT10NONLY —Nance, address and telephone) INDIAN RIVER COUNTY FL BK: 2961 PG: 1324 Page 1 of 5 8/29/2016 9:36 AM AGENT or BROKER: OWNER'S REPRESENTATIVE: Nielson, Hoover&Associates(Archirec6Engineer a•otherparrv.) 8000 Governors Square Blvd. #101 Miami Lakes, FL 33016 RECORDED 13 RECOIN THE PUBLIC RECORDS OF 305-722-2663 JEFFREY R SMITH, CLERK OF COURT INDIAN RIVER COUNTY FL S•2149/AS 8110 BK: 2961 PG: 1024 Page 1 of 2 8262016 3:02 PM § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executurs, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 31f there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims, demands, licus or suits to the Contractor and the Surety. § 4 When Ore Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last famished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surely shall promptly and ul the Surety's expense lake the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7,1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount or this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 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 Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 5-2149/AS 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 52, 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 (i) or (2) first occurs. If the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 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 hcrefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of. this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount Gamed by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount ofprovious payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's Gen or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that par 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 Contractor's 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. § 16.3 Constructlon Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S•2149/AS 8110 § 16.4 Owner Default. Failure of the Omer, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise We agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: The provisions and limitations of section 255.05 Florida Statutes. including but not limited to the notice and time limitations in Sections 255.05(2) and 255.05(10), are incorporated in this bond n'�i•rCt:iC (Space !s provided below for additional signatures ofadded parties, other Than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (CorporateSeall Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-2149/AS 8110 No. BI -282a POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Charles J. Nielson; Charles D. Nielson; or Joseph P. Nielson of Nielson & Company, Inc. of Miami Lakes, FL its true and lawful Attomey-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed One Hundred Million and 001100 U.S. Dollars (U.S.$100,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has ca ed thf se presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed thiQSM ay of ( X C' 2016. Attest: / Berkley Insurance Company (Seal) By / By Ax ra S. LedermanJe . Hafter Senior Vice President & Secretary S i e President WARNING; THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this.A'7 day of l� �✓� , 2016, by\Ira S. Lederman and Jeffrey M. Haller who are sworn to me to be the Senior Vice President and Secretary, and the Senior Viceeisnt, respectively, of Berkley Insurance Company. MARIA C. RUNDBAKEN—Gy�� NOTARY PUBLICi MY COMMISSION EXPIRES Notary Public, State of Connecticut APRIL 30, 2019 CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true. correct'and, complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is, attached; is 'full force and effect as of this date. Given under my hand and seal of the Company, this76th day of August 2016 (Seal) Andrew u