1956 IFB 15/16-12 Northstar Stormwater Improvement (copy)Executed in 3 counterparts
CONSENT OF SURETY TO FINAL PAYMENT
WE, Berkley Insurance Company having heretofore executed Performance and
Payment Bonds No. 0192770 for the Project known as Northstar
Stormwater Improvements (IFB 15/16-12), in the amount of $658.505.00 hereby agree that
City of Sanford , hereinafter referred to as OWNER may make full payment of the
final estimate, including the retained percentage, to the CONTRACTOR,
McMahan Construction Co. Inc. The Surety concurs that full payment to the
CONTRACTOR is appropriate and the Surety expressly releases the OWNER from all liability to
Surety resulting from full payment to CONTRACTOR. It is fully understood that the granting of
the right to the OWNER to make payment of the final estimate to said CONTRACTOR and/or his
assigns, shall in no way relieve this surety company of its obligations under its bond, as set forth
in the specifications, contract and bond pertaining to the above project.
IN WITNESS WHEREOF, the Berkley Insurance Company has
caused this instrument to be executed on its behalf by its representative
--------------------- and its duly authorized attorney in fact, and its corporate seal to be
hereunto affixed, all on this 8th day of August , 2018
Berkley Insurance Company
Surety
Attorney -in -Fact & FL Licensed Resident Agent,
Teresa L. Durham, (407) 786-7770
(Power of Attorney must be attached if executed by Attorney in Fact)
STATE OF Florida
COUNTY OF Orange
The foregoing instrument was acknowledged before me this 8th day of
August , 2018 by Teresa L. Durham of
Berkley Insurance Company (corporation), on behalf of the corporation, who is
personally known to me or has produced N/A (Type
of Identification) as identification and who did (did not) take an oath.
Sworn to and subscribed to before me this 8th day of August 2018
TC, t 4 C22 n A r� �
(Signature)
Sarah M. Drinnan
(Print name) Notary Public in and for the County and State Aforementioned
My Commission Expires: 09/01/2019 'e"`J`VI-
o�aar pie Notary Public State of Florida
Sarah M Drfnnarl
r, 22b�b Niy Commission FF 914823
FaFiti��� Expiie,08/"1/2019
Northstar Stormwater Improvements CONSENT OF SURETY TO FINAL PAYMENT
IFB 15/16-12
Page 1 of 1
PIU. D1-1VVy/U
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: Kim E. Niv; Jeffrey W. Reich; Gloria A. Richards; Lisa
Roseland, Susan L. Reich; Teresa L. Durham; Don Brandage; or Cheryl Foley of Florida Surety Bonds, Inc. of Maitland, FL
its true and lawful Attorney -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 Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), 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 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
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 Compap�y has caused the§e presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed thisle {day of 42&,q, 2016.
Attest: Berkley Insurance Company
(Seal) By
Ira S. Lederman JWVPreesrident
Executive Vice President & Secretary S
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD ) n
Sworn to before me, a Notary Public in the State of Connecticut, this 1'7' day of , 2016, by Ira S. Lederman and
Jeffrey M. Hailer who are sworn to me to be the Executive Vice President and Se etary, and the Senior Vice President,
respectively, of Berkley Insurance Company.MARIA C. RUNDBAKEN
NOTARY PUBLIC /,- Z
MY COMMISSION EXPIRES Notary Public, State of Connecticut
APRIL 30, 2019
CERTIFICATE
I, 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 in full force and effect as
of this date.
Given under my hand and seal of the Company, this day of
(Seal) L
Vincent P. Forte
MATERIAL AND WORKMANSHIP BOND
(10% of Contract Price) Bond #0192770
Executed in 3 counterparts
KNOW ALL MEN BY THESE PRESENTS that:
McMahan Construction Co. Inc
(Name of CONTRACTOR)
123 East Indiana Ave., Deland, Florida 32724
(Address of CONTRACTOR)
CONTRACTOR's Telephone Number: 386-734-1071
a Corporation
(Corporation, Partnership, or Individual)
hereinafter called "Principal", and Berkley Insurance Company
(Name of Surety)
475 Steamboat Rd., Greenwich, CT 06830
(Address of Surety)
Surety's Telephone Number: 203-542-3800
hereinafter called "Surety", are held and firmly bound unto CITY of SANFORD, 300 N. Park
Ave., Sanford, Florida 32771, hereinafter called "CITY", in the sum of ten percent (10%) of the
Contract Price as adjusted under the Contract Documents. The Final Contract Price is
$598,335.00, therefore Principal and Surety are held and firmly bound unto CITY the sum of
Fifty-nine thousand eight hundred thirty-three and 50/100 DOLLARS ($59,833.50) in lawful
money of the United States, for the payment of which sum well and truly to be made, we bind
ourselves, successors, and assigns, jointly and severally, firmly by these presents.
CITY's telephone number is (407) 688-5028. THE CONDITION OF THIS OBLIGATION is such
that whereas, the Principal entered into a certain Agreement with CITY, dated the 25�h
day of April , 20 16 , a copy of which is hereto attached and made a part
hereof for the construction of: Northstar Stormwater Improvements (IFB No. 15/16-12).
Principal is obligated to protect the CITY against any defects resulting from faulty Materials or
Workmanship of said improvements for a period of two (2) years from the date of Final
Completion under the Contract Documents, which is March 25 2017
The conditions of this obligation are such that if Principal shall promptly and faithfully protect the
CITY against any Defects resulting from faulty Materials and Workmanship of the aforesaid
improvements for a period of two (2) years from the date of Final Completion, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
Northstar Stormwater Improvements MATERIAL AND WORKMANSHIP BOND
IFB 15116-12 (10% of Contract Price)
Page 1 of 4
The CITY shall notify the Principal in writing of any Defect for which the Principal is responsible
and shall specify in said notice a reasonable period of time within which Principal shall have to
correct said Defect.
The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the
time specified, the Surety, upon thirty (30) days written notice from CITY, or its authorized agent
or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof,
including, but not limited to engineering, legal and contingent cost. Should the Surety fail or
refuse to correct said Defects, the CITY, in view of the public interest, health, safety, welfare
and factors involved, shall have the right to resort to any and all legal remedies against the
Principal and Surety and either, both at law and in equity, including specifically, specific
performance to which the Principal and Surety unconditionally agree.
The Principal and Surety further jointly and severally agree that the CITY at its option, shall
have the right to correct said Defects resulting from faulty Materials or Workmanship, or,
pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said
Defects in case the Principal shall fail or refuse to do so, and in the event the CITY should
exercise and give effect to such right, the Principal and the Surety shall jointly and severally
hereunder reimburse the CITY the total cost thereof, including, but not limited to, engineering,
legal and contingent cost, together with any damages either direct or consequent which may be
sustained on account of the failure of the Principal to correct said defects.
Northstar Stormwater Improvements
IFB 15/16-12
(Signature Pages Follow)
Page 2 of 4
MATERIAL AND WORKMANSHIP BOND
(10% of Contract Price)
IN WITNESS WHEREOF, this instrument is executed this 8th day of August
, 20 18
A TTES T. -
By: Secretary
Lisa A. Dean
Typed Name of Secretary
0fitness to -�ONTRACTbf
John Justus, Jr.
Typed Name
(Witness to C NTRACTOR)
Mary L. Thomas
Typed Name
PRINCIPAUCONTRACTOR
McMahan Construction Co., Inc.
PRINCIPAL / CONTRACTOR
By: CONTKACTOR Signatory Authority
Dean Kellogg - Vice President
Typed Name and Title
123 East Indiana Ave.
Address
DeLand, Florida 32724
City, State, Zip
386-734-1071 386-738-2692
Telephone No. Facsimile No.
(Surety Signature Page Follows)
Northstar Stormwater Improvements
IFB 15/16-12
Page 3 of 4
MATERIAL AND WORKMANSHIP BOND
(10% of Contract Price)
(SURETY) Secretary
Susan L. Reich
Typed or Printed Name
Witness as to S TY
Whitney Quillin
Typed r Printed N
Witne as to SU ET
Jenna Paean
Typed or Printed Name
SURETY
Berkley Insurance Company
SURETY
Teresa L. Durham
Typed or Printed Name
Attorney -In -Fact & FL Licensed Resident Agent*
Title
475 Steamboat Road
Address
Greenwich, CT 06830
City, State, Zip
(203)542-3800 (973)775-5204
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all ventures shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall
execute the Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's
most current list (Circular 570, as amended) and be authorized to transact business in the State of
Florida, unless otherwise specifically approved in writing by CITY.
All bonds shall be originals and issued or countersigned by a local producing agent who is
authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or
Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to
sign such Bond. Agents of Surety companies must list their name, address, and telephone
number on all Bonds.
Northstar Stormwater Improvements
IFB 15/16-12
Page 4 of 4
*Florida Surety Bonds, Inc.
620 N. Wymore Rd., #200
Maitland, FL 32751
Inquiries: (407) 786-7770
MATERIAL AND WORKMANSHIP BOND
(10% of Contract Price)
iN U. Dl-1UVY/U
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: Sim E. Niv; Jeffrey W. Reich; Gloria A. Richards; Lisa
Roseland; Susan L. Reich; Teresa L. Durham; Don Bramlage; or Cheryl Foley of Florida Surety Bonds, Inc. of Maitland, FL
its true and lawful Attorney -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 Fifty Million and 00/100 U.S. Dollars (U.S.$S0,000,000.00), 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 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
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 Compapy has caused the e presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed thisU`(day of _� Zi , 2016.
Attest: / Berkley Insurance Compai
(Seal) By 'A I�S
J
Ira S. Lederman WVPreei:dent
r
Executive Vice President &Secretary
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD ) /1
Sworn to before me, a Notary Public in the State of Connecticut, this day of , 2016, by Ira S. Lederman and
Jeffrey M. Hatter who are sworn to me to be the Executive Vice President and Se etary, and a Senior Vice President,
respectively, of Berkley Insurance Company.MARIA C. RUNDBAKEN
NOTARY PUBLIC 2UIm,� tl,�
MY COMMISSION EXPIRES Notary Public, State of Connecticut
APRIL 30, 2019
CERTIFICATE
I, 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 in full force and effect as
of this date.11i
Given under my hand and seal of the Company, thisday of i Jap .t �M .moi
(Seal) L —
Vincent P. Forte