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HomeMy WebLinkAboutAsphalt RecyclingCITY of SE HOME OF PELICAN ISLAND 1225 Main Street Sebastian, FL 32958 (772)388-8215 Phone April 19, 2017 Asphalt Recycling, Inc. P.O. Box 510875 Melbourne Beach, Florida 32951 RE: Release of Payment & Performance Bond for Engler Dr.- Full Depth Reclamation Cement Treated Base—Bond # FLC78326 Dear Mr. Bitomiski: I am releasing payment and performance bonds # FLC78326 issued by Merchants Bonding Company in the amount of $49,922.50 to the City of Sebastian for Engler Dr.- Full Depth Reclamation Cement Treated Base. Sincerely, jalnette Williams, MMC City Clerk Attachment., Original Bonds #FLC78326 Cathv Testa From: Jennifer Smith Sent: Tuesday, April 18, 2017 3:25 PM To: Cathy Testa Subject: Research List Hi Cathy, Here is what I came up with from the list you gave me: Asphalt Recycling Englar Drive Improvements Calvin, Giordano & Assoc US 1 Beautification vendor in 2015 but project was ultimately cancelled Camp Dresser & McKee completed in July 2002 Stormwater Master Plan Camp Dresser & McKee Consulting Services project but we haven't paid this vendor anything since 2008 Computer Golf Software -Nevada Software Support Deaf Services Center Sign Language Advanced Recreational Concepts Riverview Park Pavilion Eastern Aviation Fuels Inc Aviation Fuel sure of location of current agreement though) E.J. Breneman Pavement Overlay Environmental Research & Design Water Quality Harris Cotherman Jones Price Accounts 9/1/12 — they are our current contracted auditors Jennifer Smith City of Sebastian Accounting Services Manager (772) 388-8207 1 2013 Project P0001—Completed in 2013 2015 Project A1538 —Work completed by 2001 Project appears to have been 2004 Unable to determine a specific 2003 No longer using this vendor at the GC 1993 Could not find anything 2011 Project C1122— Completed in2011 2007 Currently using this vendor (not 2010 Project C1031— Completed in 2011 2001 Could not find anything 2012 Merged to become Rehman on PERFORMANCE BOND Bond No: FLC78326 CONTRACTOR: (NaIlle, legal slatlls and athin'.ss! Asphalt Recycling, Inc. P.O. Box 510875 Melbourne Beach, FL 32951 321-632-6552 OWNER: legal stalits and addie'a.$) City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589-5330 SURETY: ( Val?'('. 1r,L'trl.ctulia Uthl piliwipal pkwy w hrrcipie.ml Merchants Bonding Company 2100 Fleur Drive Des Moines, Iowa 50321 515-243-8171 CONS•TRUC'TION COWRACT Date: :'Amount: $49,922.50 Description: Englar Drive,Full Depth Reclamation Cement Treated Base 1.1 t11lIt! Wid lot'1Nio n; BOND Date: 3/1/13 1.�'ut eat- irr t 111H ( 'WIN1l7lt'11011 ('01117-ui J I aw) ,i1110unt: $49,922.50 Modifications to this Bond: []None L-<] Scc Section 16 CONTRACTOR AS PRINCIPAL SURETY (:umpan}': Asphalt Recycling, Inc. Company: Merchants Bonding Com (C.'vt• c •tt! c'c (C �/ •elle _ _ Signature: Signature: NV11nne and Title: %%►GOQ®oe. j t .L col,sA Nanit' at]c� l lt1C: Rya R rock: Attorney -in -Fact ex d !.Ill t• aiIditir nal.vig-$Mirex appi'ar 011 Il Lt•I p,c ge U/ this Boil 1 i!•Ill! J.�'1•l>1�;1l-lllU,�' t)\'! )' ,1�rn1�'. ldtle•c'.c.� nlr�l telt'l�hl+llr) AGENT or BROKER: OWNER'S RETRE'SENI'AT1VE: Brown & Brown of Florida, Inc. (Jivhilcc't' E)igiiieer, 1!rotlierpar1Y•I 220 S. Ridgewood Ave Daytona Beach, FL 32114 386-225-9601 The Company executing this bond vouches that this document conforms to the American Institute of Architects Document A312,2010 edition I § 1 The Contractor and Surety, jointly and severally. bind themselves. their heirs, executors, administrators. successors and assigns to the Owner for the peribrmance ofthe 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 tinder this bund, except when applicable to participate in a conference as provided in Section 3. § 3 1 f there is no (honer Delault 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 C'ontractor's perfornrance. If'the Owner does not request a conference, the Surety may, within five (5) business days after receipt ofthe ONkner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. t finless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within tell (10) business days ol'the Surety's receipt ofthe Owner's notice. Ifthe Owner. the Contractor and the Surety agree. the Contractor shall be allowed a reasonable tittle to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Delault: .2 the Ownerdeclaresa Contractor Default, terminates the; ConstrUetion Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance ofthe 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 .retial prejudice. § 5 When the Owner has satisfied the conditions of Section a, the Surety shall promptly and at the Surety's expense take one ofthe following actions: § 5.1 Arrange for the Contractor, with the consent ofthe Owner, to perform and complete the Construction Contract; § 5,2 Undertake to perl'Orm and complete the Construction Contract itself, through its agents or independent contractors, § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion ofthe Construction Contract. arrange for a contract to be prepared for execution by the Owner and a contractor selected with the O1y11er'S concurrence, to be secured with performance and payment hands executed by a qualified surety equivalent to the bonds issued on the• Construction Contract. and pay to the Owner the amount uf'datnages as described in Section 7 in excess of the Balance ofthe Contract Price incurred by the Owner as a result ofthe Contractor Default: or The Company executing this bond vouches that this document conforms to the American Institute of Architects Document 1312.2010 edition 2 § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 Atter investigation, determine the amount for which it may be liable to the Omer and, as suint as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety dues 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 cnlcorce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4. and the Owner ref uses 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. § 7 Ifthe Surety elects to act under Section 5.1, 5.2 or 5.3, 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. Subtect to the commitment by file Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of' the Construction Contract. .2 additional legal, design proof ssional and delay costs resulting from the C'ontractor's l:)ctault. and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or ifno liquidated damages are specified in the Construction Contract. acural damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. 9 `l'he Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account ofany 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, successors and assigns. § lei The Surety hereby waives notice of any change, including changes oftime, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § I i Any proceeding, legal or equitable, under this Bond may be instituted in arlV 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 a declaration of 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 ►ninirnum period of limitation available to sureties as a defense in the jurisdiction ofthe 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 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 The Company executing this bond vouches that this document conforms to the American Institute of Architects Document A312, 2010 edition 3 statutory or legal requirement shall be deemed deleted he.•refrom and provisions cont« rming 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 the Contractor under the Construction Contract atter 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 ol'the Contractor under the Construction Contract. § 1.1.2 Construction Contract. The agreement between the Owner and Contractor identified ort the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. f=ailure 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 Deft►ult. failure ofthe Owner, which has not been remedied or waived. to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the ether material terms of the Construction Contract. § 14.5 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 term Owner shall be deemed to be Contractor. § 16 Modifications to this bund are as follows: Section Y is hereby deleted in its entirety and replaced with the following: Ifthe Surety elects to act under Section 5.1, 5.2. 5.3, or 5.4. the Surety's liability is limited to the amount of this bond. (Space is provided behm for addUiunal signatures g1'added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL. SURVIN Company: Company: K .orporcrle .Seal) (Corlmi-me Seal) Signature: Signature: Name and Title: Name and 'Title: .Address Address The Company executing this bond vouches that this document confirms to the American Institute of Architects Document A312. 2010 edition 4 PAYMENT BOND Bond No: FLC78326 CONTRACTOR: SURETY: (,1'unte, legal sta nis and addrtvs) (:\'tune, lewilstunts and prime ipal place cy•hrtsin('cs) Asphalt Recycling, Inc. Merchants Bonding Company P.O. Box 510875 2100 Fleur Drive Melbourne Beach, FL 32951 Des Moines, Iowa 50321 321-632-6552 515-243-8171 OWNER: (,%•tnte•, legal sttltts (t))d address) City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 589-5330 CONSTRUCTION CONTItACI' Date: Amount: $49,922.50 Description: Englar Drive,Full Depth Reclamation Cement Treated Base (Naune and loc•attotil BOND Date: (Not earlier dhoti ( 'onstrttc•tion C'oturact Date) Amount: $49.922.50 Modifications to this Bund: ❑None OSee Section 18 - 4-70-PilltACTOR AS PRINCIPAL SURETY . - _ ~JCompanv Asphalt Recycling, Inc. Company: Merchants Bonding Com Si n.'rEtlr�• � �G� Signature: V i4i;.- J1cT=I1{ia•���G�/o,,� r�`a,�.j��r halllcalld Iille: Rya P. hrock: Attorney -In -fact tddltt�,iw/ sr%:ticttrtres appear on Nte lustlhWe of this PaYin elit 1in►td1 l (W? 1 Yl Ulla 1.17 /0-\ ONI.) V nnc..-I(kdress turd telephone) AGENTor BROKER: OWNER'S REPRESENTATIVE: Brown & Brown of Florida, Inc. (: I►c hitec t, k*rigineer• o►• other part-) 220 S. Ridgewood Ave Daytona Beach, FL 32114 386-225-9601 The Company executing this bund vouches that this document conforms to the American Institute of Architects Document A3121 2010 edition 5 § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators. successors and assigns to the Owner to pay fir labor, materials and equipment furnished for use in the performance of the Construction Contract, w hich is incorporated herein by reference. subject to the following terms. § 2 Ifthe 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 I'm labor, materials or equipment furnished for use in the performance ofthe Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 1I'there is no ()wner Dcl4ult under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arisealter 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 fur labor, materials or equipment furnished fior use in the performance of the: Construction Contract and tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section i, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against it duly tendered claim, demand. lien or suit. § 5 "1'he Surety's obligations to a Claimant under this Bond shall arise atter the following: § 5.1 Claimants, who do not have a direct contract with the Contractor. .1 have lurnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to wham the materials were:, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) clays after having last performed labor or last furnished 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 Ifa notice ot'non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to sadsl'v a Claimant's obligation to furnish a written notice of non-payrttent under Section 5.1.1. . § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with it copy to the Owner, within sixty (60) days after receipt of the Claim, stating the <unounts that etre undisputed and the basis for challenging any amounts that are disputed: and 7.2 l'ay or arrange for payment ol'any undisputed amounts. The Company executing this bond vouches that this document conforms to the American Institute of Architects Document A312, 2010 edition 6 § 7.3 The Surety's failure to discharge its obligations under Section T I or Section 7.2 shall not be deemed to constitute a waiver ofdefenses the Surety or Contractor may have or acquireas to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. It, however. the Surety fails to discharge its obligations under Sectiun 7.1 or Section 7.2, the Surety shall indemnif v the Claimant for the reasonable attorney's Ices the Claimant incurs thereafler to recover any sums found to be due and owing to the Claimant. § K The Surety's total obligation shall not exceed the amount ofthis 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 pertbrmance ofthe 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 finds earned by the Contractor in the performance ofthe Construction Contract are dedicated to satisti obligations of the Contractor and Suretv under this Bond, subject to the Owner's priority to use the funds IZ)r the completion ofthe work. § 10 The Surety shall not be liable, to the Owner. Claimants or others for obligations ofthe Contractor that are unrelated to the Construction Contract. The Owner shall not be liable liar the payment ofany costs or expenses of any Claimant tinder this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalfot, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 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. § 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 alter 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 5.2, 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 oflimitation available to sureties as a detbnse in the jurisdiction ofthe 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 ofthe 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 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 bend. § 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. The Company executing this bond vouches that this document conforms to the American Institute of Architects Document A312, 2010 edition 7 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name cif the Claimant; .2 the name of the person fur 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 it brie description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment fir use in the perlbrmance of'the Construction Contract; .6 the total amount earned by the Claimant fur labor, materials or equipment fitrnishcd as of the date ofthe Claim: .7 the total amount of previous payments received by the Claimant: and .8 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 ol'the Contractor to furnish labor, materials or equipment fi)r use in the performance of tile Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim tinder an applicable mechanic's lien 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 Part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required lar performance of the work of the Contractor and the C'ontractor'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 Construction 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. 16.4 Owner Default. failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under (lie Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the 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 tallows: This bond is given to comply with Section 255.05, Florida Statutes, and any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. 1'he Company executing; this bond vouches that this document conforms to the American Institute of Architects Document A312, 2010 edition 8 (Space is provided below for additional signalures of added parties, other than those appearing on the corer page.) CONTRACTOR AS PRINCIPAL, SURETY Company: (C"w fwrale Seal) Signature: Name and 'Title: Address Company: Signature: Name and 'Title: Address (t:'utput ate .Seal j The Company executing this bond vouches that this document conforms to the American Institute of Architects Document X1312, 2010 edition 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 duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, M. Decker Youngman 11I, Pamela 1. Thompson, Ryan P. Rothrock, Steve P. Farmer of Daytona Beach and State of Florida their true and lawful Attomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the 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, recognizances, 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 Witness Whereof, the Companies have caused this instrument to be signed and sealed this 9th day of July , 2012 . STATE OF IOWA COUNTY OF POLK ss. . • G • CO,�A • ;moo?OaPOq 02: -O- a'• 1933 •y MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /_"Oe7 74:7� President On this 9th day of July , 2012 , before me appeared Larry Taylor, to me personally known, who being by me duly swom 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 is 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. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT Commission Number 770312 i My Commission Expires October 28, 2014 Notary Public. Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, Wiliam 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 day of 2013 10 144 • • • • • . Cad; •• ,,,.,�• A•� ;•• �.••QR• •�': ..ao�G moo; oRPOq' 9 9-• •t: ; � . •� : � Secretary -, v'••.....••;�jt•�,.• •. �f/• `1•• POA 0014 (11/11) �r Brown & Brown of Florida, Inc. 220 South Ridgewood Avenue (32114) P.O. Box 2412 ■ Daytona Beach, FL 32115 386/252-9601 ■ FAX 386/239-5729 INSURANCE January 31, 2013 City of Sebastian 1225 Main Street Sebastian, FL 32958 Re: Asphalt Recycling, Inc. Obligee: City of Sebastian Project: Englar Drive — Full Depth Reclamation Cement Treated Base Bond No.: FLC78326 Bond Amount: $ 49,922.50 Gentlemen: You are hereby authorized to date the Performance/Payment Bond and Power of Attorney on or after the date of the contract on the above project, provided that the contract is executed within a reasonable amount of time and that there are no material modifications to the contract the subject bond covers. Merchants Bonding Company -7� Ryan ''. rock: Attorney -In -Fact R-PR/tdd