HomeMy WebLinkAboutPerformance Bond A312-2010Bond No. wACs6238
Pertormance Bond
CONTRACTOR:
(Nanz, Iegal s&'nrc.and address)
Concord Construction, Inc.
8557 Lateral B Road
Wapato, WA 98951-9732
OWNER:
(Nauq [cgal stalus qnd addrect)
Kittitas County
205 West 5th Ave.
Ellensburg, WA 98926
Description:
(Nane and locatlon)
Kittitas County Bloom Pavilion Addition
E?loppae,,lq l, Loz2-
(Not earller thon Construction Conttact Dale)
Arnounu $ $1,709,901.60
Modilications to thisBond: [J Nonc
CONTRACTOR AS PRINCIPAL
C'ompany:
Concord Construction, Inc.
Document A3 12rM - 2010
Conforms with The American Instltute of Architects AIA Document 312
SURETY:
(Nane, legal slahts and pfincipal place a! basiness)
Merchants Bonding Company (Mutual)
PO Box 3018
Bothell, WA 98041-3018
Malllng Address for Ntitlces
PO Box 3018
Bothell, WA 98041-3018
I Sec Scction 16
Thls document has lmportantlegal
consequences. Consullatlon wilh
an aftomey Is encouraged wlth
rupect to its completion or
modlllca(on.
Any slngular referencs to
Contractor, Surely, Owner or
other party shall be consldered
plural where appllcable.
CONSTRUGTION CONTRACT
Date: Dec"ntlq l, ZoZz
Amoun[ S $t,209,901.60
(Corporute Seal)
SURETY
Companp (Corporute Seal)
Merchants Bonding Company (Mutual)
/Sigrature:
Name .
and Title:
Kari J, Lieberknecht
Presi<1etrt
Sigriature:
Name
and Titlel
S. Kuich
Attorney-in-Fact
(Any additionai sig.natttrestppear on the last page olthis Petfonnance Bond)
FOR WnOtuWIlION O*TY - Nane, address and telephone)
AGENT or FIiOKER: OWNER'S REPRESENTATIVE:
HUB International Northwest, LLC (Architect' Engineer ot othel party:)
PO Box 3018
Bothell, WA 98041-3018
(42s) 489-4s00
s-185ZAS 8/t0
$ 1 The Contractor and Surery, jointly aod severally, bind themselveg thoir heirs, exccutors, administrators, successoni and assigns to the Orvner for
the performance ofthe Constuction Contract, which is incolporated herein by reference-
g 2 If the Contractor pe rforms the Constructign Contract, the Surety and the Conttactor shall have no obligatioa mdcr this Bond, exccpt vhcn
applicable to parf,icipate in a conference as provided in Seciion 3,
$ 3 IfBrere is no Ownerl)efaultunder lhe Construction Conrqct, the Surety's obligation undcr this Bond shall arise after
.l the Or,vner first providcs noticc lo thc Contnctor and thc Surety that the Orvner is considering declaring a Contractor Defiult. Such
notiee shall indicate whether the Owner is requcsting a conference among tho Olvner, Contrdctor and Sur'ety to discuss tbe
Conbactor's perfomrarcc. If thc Owncr docs not rcquest a conforencen the Surety man within five (5) busincss days after receipt of
thc Owncrts notice, requestsuch a conference. Iflhe Surety tirnely requesF a conference, the Orvner shall attend, Unless lhe Orvner
agrees otheruisq any conference requested under this Section 3.1 shall be held vrithin ten (I0) business days ofthe Suret/s rcceipt
ofthe Owne/s notlce. Ifthe Orvner, the Contractor and the Surety agree, the Contnctor shall be allorved a reasonable time to
perform the Conetruction Contract, but soch an agreement shall not waive the Owner's righl ifany, subsequently !o declare a
Corrtractor Deftulq,2 the Orvacr declar6 a Contractor Dcfault, tanninatas the Construction Contact and trotilies the Suety; and
.3 the Orrarer has agreed to pay the Baliuce of the Contract Price in accordance with the lerms of the Construction Contract to the
Surety or to a contractor selected to perform the ConstrucLion Contract.
g 4 Failure ou the part of the Owner to comply rvith lhc noticc rcquirement in Section 3,1 shall not constitute a failure to comply rvi*r a condition
preccdent to ihc Surcty's obllgations, orrelease the Surety from its obligations, except to the extent the Surety demonsaates actual prejudice.
$ 5 When the Orurerhas satisfied the conditions ofSection 3, tlc Surcty shall promptly and at the Surety's expense take one ofthe following actions;
$ 5,1 Anange for the Conlractor, with lhe coment of the Owner, to perfotm and complete dre Construction Contract;
$ 5.2 Undcrtakc to pcrform and complete the Construction Contact itselt tb'rough lts ogents or independent contractors;
$ 5.3 Obtain bids ornegotiated proposals fiom qualified contractors acceptable to the Orvner for a conhact for performance and completion ofthe
Constr.uction Contruc! arrange for a contruct to be preparcd for oxccution by tho Orvncr and a contsactor selected with dre Owner's cotrcurtence, lo be
secured with performancc and payment bonds exccuted b5l a qualiJied surety equivalent to the bonds issued on the Construction ConEact and pty to
thc O*nor the amount ofdamages as desuibed in Section ? in excess ofthe BalBnce ofthe Contract Price incuned by lhe Orvner as a result ofthe
ConhactorDefaulB or
$ 5.4 Waivc its right to pcrfoim and completq anange for completior, or obtair a new contlactor ftd with re asonable promplness under the
circumstanccs:
,1 After invesligatioq dctcrminc thc alount for rvhich it may be liable to the Owner and, as soon as practicable after the amount is
dctermincd, make pa)lrcnt to ftc O\wei or
.2 Deny liability in whole or in part and notiry the Orvner, citing the reasons for denial.
g 6 Ifthe Surety does not prtceed s.s provided in Section J rvith reasonable promptness, thc Surcty shall be deemed to be in default on tbis Bond
seven days aller receipt of an additional rvritlpn notice fiom the Ourl'er to thc Surety demanding that the Surety perform ib obligations under this
Bond, and the Ovmer shall be cniitled to cnforcc any rctnedy available to the Owner. Ifthe Surety proceeds as provided in Seclion 5.4 and thc
Qwng refists the paync[t or the Surefy hac denied liability, in rvhole or in part, without further notice the Owner shall be entitled to e.rforce any
remedy available to the Owner.
s-1862yAS 8/10
$ 7 Ifthe Surety elects to act under Section 5.1r 5.2 or 5,3, tlren ihe responsibilities olthe Surety to the Ol'aer shall not be greater than thosc of&q
Conbactor snderlhe Constructlon ConlrrcL and the responsibilities ofthe Olvner to the Surety shall not bo greatcr thaa thosc ofthc Owncrundcr thc
Construction Contracl SubJiect to lhe cornmitment by the Owrcr to pay thc Balancc of thc Contnct Frice, the Surety is obligated, without
duplication, lor
.1 the responsibitities of lhe Contractor for correctibn of defectivc work and completion of the. Construction Conftacq
.2 additional legal, design professianal and delay cosls rasulling frorn the Cofl(ractor's Default, and resulting from the actions or
failwe to act oftle Surety under Section 5; and.3 .liquidated danrages, or ifuo liquidated damages are speoified in the Cotrstruction Contract, actuul damage.s caused by deiayed
performance or ton-performarce of the Contractor.
$ 8If th€ Sur€ty elects to act under Section 5.1, 5.3 or5.4, the Suret/s liability is limited to the amoun! of this Bond,
$ I The Surety shalt no( be liable to the Owner orothers for obligations ofthe Cortsactor that arc unrclatcd to thc Construction Contract, and thc
Balance oflhe Contruct Price sholl not be reduced or set offon account of'any such urtclatcd obllgations, No right ofaclion shaU accrue on this
Bond to any peaon or cntity other than thc Owno or its hcir, cxcoutors, adminisfaton, successors add assigns.
$ 10 The Surety hereby waives noticc ofany changq including changcs ofdmc, to lhe Consrucdon Contiact or to Flatedsubcontracts, purchase
orders and other obligations.
$ 11 Any proceeding, Iegal or equitablq uuder this Bond may be instituted in any court of competentjudsdi*ion in the location inn'hich the lvorkor
part of thc work is locatcd and shall be t$titutcd within trvo years after a declaratlon of ConaadorDefrult orrvithin two years 8ffer thB Cont&ctor
ccascd working or within nvo yean after the Surety refuses or fails to perform it$ obligations under this Boad lvhichever occurs first lfthe
provislons of thisParagraph are vrid or prohibited by larv, tle minimurn period of limitation available to sureties as a defense in the jurisdiction of
the zuit sball be applicable.
$ 1 2 Noticc to thc Surcty, thc Olrnqr or lhc Conlraotor shall bc mailed or delivEred to the address shorur on lhe page on rvhich their signaturc
appcafs,
$ 1 3 When thls Bond has been firmished to mmply with a statutory or other legal requiroment in the location rvhere the construction rvas to be
per{otmed, any provision in this Bond conflicting with said statutory or legal requirement $hall be deemed deleled hediom and provisions
conforming to zuch statutory or other legal requirement shall be deemed incorporatcd hereia, When so findshcd, the intent is that lhis Bond shall bc
construed as a statutory bond and not as a common latv'bond.
$ {4 Definitlons
$ 14.1 Ealance of the Gontract Prlce. Thc total amouutpayable by the Owner to the Contactoruadsr the Consbuction Conhact afier altrproper
adjurtrncnls havc bcen madc, including allolyancc to the Coutractor ofany amoutrts received or to be received by the Orvner in settlement of
insurance or other claims for damages to rvhich the Conlractor is entitled, reduced by all valid and proper payments made t'o or on behalFol0e
Cotrtractor under the Cbnstruction Contract.
$ 14,2 Construction Gontract lhe agreement betlveen the Orvner and Conhactor identified on the coverpage, including all Contrac[f)ocuments
aod changes made to ihe agreement and the Contact Documents.
$ 14.3 Contractor Default Failure of the Conhactor,lvhich hasnotbsenremedied or waivcd, to pcrhnn or othcrwisc to complywitlr a material
term ofthe Conshuction Conlract
$ 14.{ Owner Dgfault Failure of the Orvner, which has aot been remedied or rvalved, to pay the Contractor as requlred under the Construction
Contact or to perfornr aud complete or comply rvith lhe othermaterlal terms of the Construction Conlracl
$ 14.5 Contract Documents. All the documents thatcomprise the agreernenlbetrveen the Ownerand Conlractor.
$ 15 If this Bond is issued for an ageement betweerr d Contractor atrd subcontractor, the term Contractor in &is Bond shall bc dcamcd to bo
Subconlractor and the term Ovrner shall be deemed to be ConEaotor.
s-l852/As 8/10
$ { 6 Modificatiorrs to this hond arc as frllotvs:
(SF ae ls provldsd betov'for adillfional signanrx o/added partlas, olher than lharc appearing on the covsrpageJ
CONTRACTOR AS PRINCIPAL SURETY
Company: (CorporateSeal) Companyl (Cotporate Seal)
Name and
AddressAddvess Attorney-in-Fact
S-185UAS 8/10
Bond No. wACs6238
Payment Bond
CONTRACTOR:
Q,hne, legal ctattc and add,es$
Concord Construction, Inc.
8557 Laterel B Road
Wapato, WA 98951-9732
OWNER:
(Name, Iegal slafus and address)
Kittitas County
205 West 5th Ave.
Ellensburg, WA 98926
Document A3 12rM - 2010
Gonforms wilh The American lnsthute of Architects AIA Document 312
SURETY:
(Nafie, Iegdl slaltn and principal place ofbusiness)
Merchants Bonding Company (Mutual)
PO Box 3018
Bothell, WA 98041-3018
Maillng Address for Notices
PO Box 3018
Bothell, WA 98041-30f8
This documerd has important legal
consequ€nces. gonsultallon wlth
an altorngy ls encouraged wilh
respect to lts complelion or
modilicati6n,
Any singular reference to
Contractor, Surety, Owner or
olher party shall be consldered
plural where applicable.
CONSINUCTION gONTRACT
D*e: l)oce.nber l, zozz-
Amounh $ $1,709,901.60
N*111., Karl J. Lieberknechtand liuei '-fres]-Qenc
Descriptionl
(Nane and localion)
Kittitas County Bloom Pavilion Addition
E?Jjtaeo4l(r l, Lozz
(Nol earlier than Constnction ContractDaIQ
Amounu $ $1,709,901.60
Modifications tro thisBonrl fl None I See Section l8
CONTRAGTORAS PRINCIPAL SURETY
Company: (Coryorate Seal) Companyl
Concord Construction, Inc. Merchants
Slgnatur::
(Corporate Seol)
(Mutual)
/rbv*Signature:
Narnc
and Title;
S. Kuich
Attorney-in-Fact
(,,lny ad.ditional slgnatuires appein' oi,rt tlre last page of lhis Paywn! Bond)
6:OR INFO&'W{HON ONtrl 1- t\ame, addtess and telephone)
AGENT or BROKER; OWNER'S REPRESENTATIVE:
HUB Intelnetional Northwest, LLC @rchitecl' Engineer ot other por$:)
PO Box 3018
Bothell, WA 98041-3018
(425) 489-4s00
s-2149/AS 8/10
$ 'l The Contractor and Surcty, jointly and severally, bind thernselves, their heirs, atecutors, adminislrators, successo$ and assigns to thc Owncr to
lay for labor, materials and equipment lumished for use in the performance ofthe Conskuotiodr ConBacf, vhich is incorporatcd herein by feference,
subject to the lollowing terms,
g 2 If the Contractorpromptly mukes puyment ofall sums duc to Clatnatts, and dofcnds, indemnifies and holds harnless the Owrer tom claLns,
demands, liens orsuits by any penon orentlg seekingpaynrent forlabor, matcrials orequipment ftrnished for uso in the performance oflhe
Construction Contract, thcn thc Surcty and thc Conhactor shall have no obligation under this tsond.
$ 3 If there is no OrvnerDefault under the Construction Contract, thc Suray's obligation to the Owner uuder this Eond shall arise afferthe Owner
has promptly notilicd thc Contractor and thc Surcty (at thc address described in Secdon 13) ofclaims, demands, Iiens or sults againsttho Owner or
the bwner'sproporty by any person or entiry seoking payment for labor, materials or equipment ffrmished for use in the performance oflhe
Constnrction Contract ard tcdffsd dofsise of such clalms, demands, liens or suits to the Contrctor atld tbe Surety.
$ 4 When the Owner has satisfied the conditions in Section 3r lhe Surety shall promptly md at the Suretyrs expcnse dcfcnd indcm-ni$ aad hold
hannless the Owncr against aduly tendercd claim, demand, Iien or suit.
$ 5 The Surer/s obligations lo a Claimant uuderthis Bond sholl arise after the follorving:
$ 5.1 Claimants, who do not have a direct conhact with the Contractor,
.1 have fumished auritten notice ofnon-paymenf to tlre Con!:actor, statilgwith substantial occuraoy thc anount alaimed atrd the
name olthe party to whom the materials were, or eguipmcnt was) fi$Eishcd or supplicd orforlvhod thc labolwas done or
performe<i, within ninety (90) days aftcr haviag last performed labor or last firmlshed malcrials or equipnenl ldcluded ln the Claim;
and.2 havs scnt a Claim to thc Surcty (at thc address described in Section 13).
g 6.2 Claimants., who arc cmploycd by or havc a dircct contract with the Conhactor, have sent a Claim to the Surety (rt the address described in
Seotion l3).
g 5 Ifa notice oftron-paymenr required by Sectioa 5,1.1 is glven by the Owner to the €ontraetor, that is sufficient to satisfy a Cluimant's obligation
to furnish a r*ritten notice ofnon-paymentunder Section 5.1'1.
g 7 lVhen a Claimanthas satlsfied the couditions of Sections 5,1 or 5.2, whichever is applicablg the Surety shall promltty anrl at fte Swely's
expense take the follorving actionsl
$ 7.1 Send an answer to the Claimanl rvith a copy to the Orvner, within sirty (60) duys after receipt of thc Claim' striting lhc amounts that ars
undisputed and tho basis for challenging any amounts that are disputed; and
S 7.2 Pay or anange forpaymentof any mdisputed amounts.
$ 7"3 The Suregts failure to discharge its obligotions uuder Ser,tion ?,I or Seetion 72 shall not bc dccrncd to constitute a lvoiver ofdefenses lhe
Surrty or Contractof may have or acquire as to a Claim, except as to undisprrted urouns forwhich thc Surcty and Claimant have r€ached agrcefient,
I4 however, the Surety iails to discharge its obligations uodcr Scction 7.1 or Scction 7,2, the Surety shalt tndennify the Claimant for the reasonable
nttomey's f,ees thc Clainrant iucuts thereafter to rscover any sums fouad to he due and owing to the Claimant.
$ 8. The $urely's tota! obligation shall not exceed the amount of ftis Bond, plus lhe amounl ofruasonable attomey's fees provitlcd undcr Scction ?3;
and the amount of this Bond shal! be credi(ed for ony paymcnls made in good faitb by lhe Surety.
$ I Amounts rirved by the Owner to the Conb:actor undcr lho Construction Contract shall be used for the performance of the CodsUuciion. C0trtract
iod to satisfy claims,if any, uudcr any construction performance bond, By lhe Coutractor furnishing aod the Owner accepting this Bond, ihey agree
that all firnds camcd by tho Cont'actor in the performance ofthe Construction Contract arc dedicated to satisff obligations oft!€ Corkartor and
Surcty under lhis 3on4 subject to the Olvneds priority to use the funds for thc completion ofthe work.
s-2149/AS 8/10
$ 10 l?tc Surcty shall nct be llablo to tbe Orrner! Claimants or ofhers for obligations of the Contractor that are uffslated to dro Constuotion Contraot
Thc Orvner shall uot be liable fol thepayment of any casts or e$enaes of auy Claioad under &is Bond, and sholl baye under this Bond no
obligation to make payrnents tq or give notice on behalf o{ Claimauts or olherwise have any obligations to Claimants under ihis Bond.
$ 1 1 The Surety hereby waives notice of any change, includbg changes of time, to tte Constr:ction Contract cr to rolated subcontrcts, ;rurchase
orders and other obligations,
$ 't2 No sult or action shall be comcuccd by a Clalmaut under this Bond othetthan in acourtofcrirpotentjurisdiotion in the state in which the
project that is ihc subjccl ofthe Construction Corlracfls located or a0er the expiration ofone year &om the date (1) onri,hich ttc Claimart scnt a
Claim to the Surcty pursuant to Scstloo 5. I J or 5.2, or (2) oa which the lasi labor or seryice was performed by anyone or thc iast materials or
equipmentwcrc firmisbed by anyone under the ConstruotionContacf whichever of(l) or(2) fint occurs. Ifthc pmvlslons ofthis Paragraph arc void
orprohibited by law, tbe ninimum period oflimitation available to sureties as a defense is thejurisdicttoo ofthe suit shall be applicable.
$ 13 Notlce aad Claims to the Surety, the Orvneror the Coatractorsballbemailcd ordeliwred to lhe address shown oatlrgpage onwhich their
sigrature appears. Actual r€ceipt ofnotics or Claimq holvcvcr acconplishe{ shall be sufficient cornpliance as ofthe date received.
$ 14 Wben this Bond has bccn tmlshcd lo cqmply wi& a statutory or other legal requirement ln the location wbere lhe consFuction was to be
perfotmed, any provision iu this Bond conflictlng with said statutory or legal requirement shatl be deemed deleted hersftom and provisions
conforming to sush stahrtory or other legal requirenent shall be deemed incorporaled hersin. When so furnishcd, tts ident is that this Bond shall be
conskucd as a statutory bond and not as a common law bond.
$ 16 Upon request by any person or entity appearing !o be a potential bcneficiary ofthis Bon4 &e Coilractor and O*ner shall pmmptly furnish a
copyofthisnond orshallpermit a copy to bemadc.
g'16 Deflnitions
$ 16.1 Claim. A written statement by the Claimantincluding at a minimum:
,'l the name of the Claimang
.2 the namo of the person for rvhom the labor was done, or natarials or equlpment firnlshe4
'3 a copy of tbc agrccment orlurchase orderpurs:ant to which labor, materials or equiprnent nas furnished foruseh the
perforrnance of the Corstruction Contractg
.4 a brief desoiptlon of the labor, materials or equipment firmisled;
.5 the date on which the Claimant last performed labor or tast fumjshsd materlals or equipment foruse in lhe performance ofthe
Construction Conlrao!
,5 the total amount car:red by the Clalnant for labor, materials or eguipnent fumished as of the date of the Claim;
,7 tte total amount ofprcvious paymcnts teceived by the Clalraadt; and
.8 the total amount duo and unpaid to &e Claimant forlabor, matedals or equlpment flrrnlshed as ofths date of the Claim.
$ I 6.2 Clairnant. .& individual or erdity having a direct contract with the Conkactor or rvith q subconhactor ofthe Contractor to fltnish labor,
rnaterials or equipment for use in &e perfonnance of the Conskuetion Contract lhc tern Claimatt also includes any individual or entity that has
rightfully asserted a claim under an applicable mcchanlc's lien or similarstatuti agaiast the real properlyupon rvbicb the Project is locaied, The Intent
of this Bond shali be to include without limitaHon ia thc terms "labor, materials or equipmenf' tJrat part of water, gas, porver, lighl hea! oil, gasoline,
telephone service or rcntal cquipmcnt used in the Conshuctioa Contracf arohitectual artd engineering services reqr:ired forperformance ofths rvork
of the Contractor and the Contrastotrs subconkactors, anil all other items for which a meohanic's lien may be asserted in thc jurisdlctioa where thc
labor, materials or equipment rvere firrnished,
$ 16,3 constructlon Contract. Tho agreement betweel the Oryner and Conhactoridcntificd onthc coverpage, inoluding all Contract Documents
and all changes made to the ggreemetrt ond the ConbqctDocuments,
s-21491AS 8/10
$ 16,4 OWner Defaul|. Eallute of the Owner"rvhioh hag nol beenrcmediedor wrived, topay the Conr.actor asrcqutrcd undcr tbc Construction
Conract orto perf,orm drd completa orcomply with the othermaterial teftis ofthc Constuction Contrsct.
$ ,16.5 Gontract Documenls- All the docnments that comprlse lhe agreemurt between ilre Owner and Coniractor.
$ 17If this Bond is issqed for an a$e€tn€nt between e Cosftctor ald subconhoctor; ths- term Contnclgrin thts Bond shall bc dcemcd to be
Subconhactor and the term Owner shall bo deemed to bc Contactor.
$ {8 Modilications to this bond are as followst
(Space ts provided belor for additional signaurcs of addad porliu, otber than rhose appeailnt on the covet page)
CONTRACTOR AS PRINCIPAL SURETY
Companyr (Carpomte Seal) ComPanY;(Corporau Seal)
Signahrre:
Titlet
Address Attorney-in-Fact
S-214S/AS 8/10
AAEnclreN#*
B{}NI}IN(3 CCIJ\AFANY*
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, tNC.,
both being corporations of the State of lowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Amanda lvey; Andy D Prill; Annette Troseth; Carol Lowell; Chad M Epple; Daniel Keen; Dean R Young; Emma C Doleshei; Heather L Allen; Jennifer
Schultz; JimSKuich; JimWDoyle; Michael AMurphy; NatalieCChau; SMScott; SarahHBehrens; SteveWagner; TedBaran; TheresaALamb
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity oipersons! guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
or proceedings allowed by law.
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 amended August 14, 2015 and adopteil by the Board of Directors of
MerchantsNational Bonding, Inc., on October'16, 2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice president shall have power and
authority to appoint Attorneys'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 otherwritings 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 Attorneyor Certificaiion 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 manuallyfixed.'
lnconnectionwithobligationsinfavoroftheFloridaDepartmentof Transportationonly,itisagreedthatthepowerandauthority herebygiventothe
Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineeiing and- donslruction
contracts required by the State of Florida Department of Transportation. lt is fully understood that consenting to the Siate 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.
ln connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-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.
ln Witness \Mrereof, the Companies have caused this instrument to be signed and sealed this 11th day of July , 2022
tlta
STATE OF IOWA
COUNTY OF DALLAS
On this 11th day of July 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn
did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATTONAL BOND|NG, tNC.;
-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.
ln Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this
MERCHANTS BONDTNG COMpANy (MUTUAL)
uencHAls lrllrrorunL BoNDtNG, tNc."fz-"fu
fo'{'lt"'."'Ls!"\-
O Notary Public
Ito* * ?eca,,rk* LaZL
***---*,M***pS,
,:$l?o'&'
*ro).'li...*$t
(Expiration of notary's commission does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATTONAL BONDtNc, tNC., do hereby
certify that the above and foregoing is a lrue and conect 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.
fftt
t
POLLY MASON
Commission Number 750576
My Commission Expires
07,2023
POA 0018 (1/20)
,$$"f"?i
Ft*).i,.:;fj Secretary
I