Okaloosa County BOCC — March 1, 2016 — TanglewoodCloseout — reading text

constitute and appoint, individually, Alisa B Ferris: Evondia H Woessner; Jeffrey M Wilson; Mark W Edwards II; R E Daniels; Robert R Freel; Ronald B Giadrosich; Shelby E Daniels their true and lawful Attorney(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: EIGHT MILLION ($8,000,000.00) 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 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 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 ‘.‘,..mln..,". et"vvo, SN0 *«* NG ., MERCHANTS BONDING COMPANY (MUTUAL) & 'F:, .6.1::,_( o '.Q»‘\Q’\':'ls b'[i}("'#/;' MERCHANTS NATIONAL BONDING, INC. S .'.' '-._ 1 o>, ¢ e . $958 41‘«‘\...0 . Q_—‘QQ LAY =5 =] -p- 9 3 we e £ 31 ] S iE 2003 A ‘S A < YN B % G, RO Qe y "‘."’/"/.."““"r)\:‘\ o STATE OF IOWA K% *......u"‘ COUNTY OF Dallas ss. President On this 15th day of August . 2015 , before me appeared Larry 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. A WENDY WOODY é. L % Commission Number 784654 ;_‘i 7 My Commiss on Expires Tog™ June 20, 2017 Notary Publig; GCounty, lowa (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. «NO In Witness Whereof, | have hereunto set my hand and affixed the seal of the Companies on this 26th day of January , 2016 REILLUTIPN s0900, Wt " ", ok c o-. $\OH4, ‘\?‘\’21" ] /_g.,?, 57, P ) S i s M/ SETR sgo B9 8 - 1z -l 9 : Secretary .. ';.'. ." o = &, RO ‘\‘“‘ 0.0:7. ........ ':\.’A ..‘ 9'.\)‘4/-....«".0\““\ 0..10 % L g “r, o o,."‘..’ 2 8 gy POA 0014 (6/15) Jane H. Evans L AR e SNl e e (s ISt e R R a2 2 S e S S e R R Sl 9 € b = o T A N B AR N AD Y0 P NS P L4 R O A T L v W AN e ke L Rk e i From: Zan Fedorak <zfedorak@co.okaloosa.fl.us> Sent: Wednesday, February 24, 2016 12:11 PM To: Jane H. Evans Subject: FW: Agenda Item Question on Bond Amount ****Agenda Item*****#krx Jane, Please see legal’s comments below. Thanks Zan From: Lynn Hoshihara Sent: Wednesday, February 24, 2016 12:10 PM To: Joanne Kublik <jkublik@co.okaloosa.fl.us>; Parsons, Kerry <KParsons@ngn-tally.com> Cc: Zan Fedorak <zfedorak@co.okaloosa.fl.us>; Greg Stewart <gstewart@ngnlaw.com> Subject: Re: Agenda Item Question on Bond Amount ****Agenda Item***¥**¥*kx* Zan and Jo, Assuming we're talking about the performance bond, the Performance Bond form states that such bond is amended automatically and immediately upon any modification to the contract up to 20% of the contract amount. Therefore, we don't need to request an updated bond. More importantly, hasn't all the work been satisfactorily completed? If so, the reason for requiring the performance bond (i.e., to ensure the project gets completed) is now moot. Lynn Lynn M. Hoshihara Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Joanne Kublik Sent: Wednesday, February 24, 2016 11:32 AM To: Parsons, Kerry; Lynn Hoshihara Cc: Zan Fedorak Subject: FW: Agenda Item Question on Bond Amount ****Agenda [tem****¥*xkkx Can you take a look at the question posed by Contracts & Grants? Zan and | believe that the bond does not need to be increased pursuant to language on page 26 of the attached. However C&G believes 10.04 on page 59 should be adhered to. We need your direction as soon as possible as the final payment is on the agenda. Thanks, Jo http://www.co.okaloosa.fl.us/sites/default/files/contracts/contra_pdf/C15-2238-PW.pdf 1 Joanne Kublik, FCCM Contracts and Lease Coordinator Okaloosa County Purchasing Department 5479A Old Bethel Road Crestview, Florida 32536 (850) 689-5960 jkublik@co.okaloosa.fl.us Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. From: Jane H. Evans [mailto:jevans@okaloosaclerk.com] Sent: Wednesday, February 24, 2016 10:24 AM To: Joanne Kublik; Zan Fedorak Cc: Eric Broome; Jason Autrey; Ashley S. Endris; Marcella B. Eubanks Subject: FW: Agenda Item Question on Bond Amount ****Agenda [tem***#* x4k Importance: High Jo, Ashley and | were reviewing the contract, page J29 — Notification to Surety reads: A. If notice of any change affecting he general scope of the work or the provisions of the Contract Documents (including, but not limited to, Contract Price and Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change. If possible, could you consult with legal on the fact the Bond shows the original amount and has not been updated for the change orders (even though the change orders are within the 20% provision of the signed bond)? Jane Jane H. Evans Accountant III Gy Okaloosa County Clerk of Circuit Court ~%% - Contracts and Grants 101 E James Lee Blvd, Room 104 Crestview, FL 32536 Tel: (850) 689-5000 x 4384 Fax: (850) 689-4272 My new email address is jevans@okaloosaclerk.com From: Jane H. Evans Sent: Tuesday, February 23, 2016 12:10 PM To: 'jkublik@co.okaloosa.fl.us'; 'Zan Fedorak' Subject: Agenda Item Question on Bond Amount Importance: High March 1 Board Meeting..... Jo, On C15-2238-PW final payment, attached, the original bond amount was $401,621.50. There have been several change orders and the contract amount now is $413,509.30. The bond amount has not been increased. Is this correct? Thank you, Jane PLEASE NOTE: Florida has a very broad public records law. Email communications to or from Okaloosa County Clerk of Court employees are considered public records and are available to the public and media upon request. Your e-mail communications, including your email address, are subject to public disclosure. 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