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Agenda 04/23/2013 Item #16A 24/23/2013 16.A.2. EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water utility facilities for Lowes of South Naples, Phase 1 PL- 20100000653, Phase 2 PL- 20100001826, Phase 3 PL- 201000001843 and to release the Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of $4,000 to the Project Engineer or the Developers Designated Agent. OBJECTIVE: To have the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, to accept final and unconditional conveyance of these water facilities and to release the Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of $4,000.00. CONSIDERATIONS: 1) The Developer of Lowes of South Florida has constructed the water facilities within dedicated easements to serve this development. See attached location maps. 2) Preliminary acceptance of these utilities has been approved by the Engineering Services zn staff. At that time, this was the value of these utility facilities: Project Preliminary Acceptance Date Contributory Asset Water Phase 1 August 4, 2010 $36,227.70 Phase 2 December 16, 2010 $34,149.51 Phase 3 December 16, 2010 1 $20,509.75 The total gross value of the assets are $90,886.96. This final acceptance is in accordance with Collier County Ordinance No. 2004 -31, as amended. See attached asset sheets. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water -Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services staff in coordination with Public Utilities and these facilities have been found to be satisfactory and acceptable. 6) The on -site water utilities are owned and maintained by the owner. 7) The Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of $4,000.00 to be released. See attached Exhibit A, B and C. Packet Page -529- 4/23/2013 16.A.2. 8) Staff is unaware of any issues that would serve to negate the recommendation to release the applicable security. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water - Sewer District receiving unconditional title to the above utility facilities, which at the time of preliminary acceptance, had a total gross value of $90,886.96 (no depreciation applied). GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: This item has been approved by the County Attorney's Office, is legally sufficient and requires a majority vote for approval. — ERP RECOMMENDATION: To have the Board of County Commissioners, Ex- Officio the Governing Board of the Collier County Water -Sewer District, authorize final acceptance of these water utility facilities for Lowes of South Naples, Phase 1 PL- 20100000653, Phase 2 PL- 20100001826, Phase 3 PL-201000001843 and to release the Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of $4,000.00 to the Project Engineer or the Developers Designated Agent. See attached Exhibit A, B and C. Prepared by: Jodi Hughes, Technician, Engineering Services, Growth Management Division/Planning and Regulation Attachments: 1) Location Maps, 2) Asset Sheets, 3) Exhibit A, B and C Packet Page -530- 4/23/2013 16.A.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.2. Item Summary: Recommendation to approve final acceptance of the water utility facilities for Lowes of South Naples, Phase 1 PL- 20100000653, Phase 2 PL- 20100001826, Phase 3 PL- 201000001843 and to release the Utilities Performance Security Bond (UPS) in the total amount of $23,243.68 and Final Obligation Bond of $4,000 to the Project Engineer or the Developers Designated Agent. Meeting Date: 4/23/2013 Prepared By Name: HughesJodi Title: Technician,Engineering & Environmental Services 3/19/2013 8:03:06 AM Approved By Name: BeardLaurie Title: Planner,Transportation Planning Date: 3/19/2013 8:53:35 AM Name: Pam Libby Title: Manager - Operations- Water /WW,Water Date: 3/21/2013 7:14:37 AM Name: McKennaJack Title: Manager - Engineering Review Services,Engineering & Environmental Services Date: 3/22/2013 11:44:58 AM Name: PuigJudy Title: Operations Analyst, GMD P &R Date: 3/22/2013 2:50:10 PM Name: Paul Mattausch Title: Director - Water,Water Date: 3/25/2013 4:29:01 PM Name: KovenskyKenneth Packet Page -531- Title: Management/Budget Analyst, Senior,Operations & Regulatory Management Date: 3/25/2013 5:44:14 PM Name: SunyakMark Title: Project Manager, Principal,Public Utilities Engine Date: 4/4/2013 10:36:28 AM Name: PepinEmily Title: Assistant County Attorney, CAO Litigation Date: 4/8/2013 1:46:20 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 4/10/2013 2:09:40 PM Name: KlatzkowJeff Title: County Attorney Date: 4/10/2013 3:20:35 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 4/12/2013 2:27:06 PM Name: OchsLeo Title: County Manager Date: 4/12/2013 3:02:06 PM Packet Page -532- 4/23/2013 16.A.2. m U) O T cn O C 1 2 z D m m 2 cn T O D O z D CD m D 4/23/2013 16.A.2. ■m m suu _SIT _ P Tr — � IFFr1 P s All v oil Cauea BOLCEVA O S A k c.N. 95, M1! g$ ra r0 .p 1 COLLIER BOUIEVA D O m CoLUM 8OULEVARD (iR BSI) - p °t'+ o m z s$ s d2i ■m m suu _SIT _ — � P A k f CoLUM 8OULEVARD (iR BSI) - s 0 D .� °t'+ o m z 4° a re-r > L � � 4 - D., ..L..P n--- COO r m m O n Cn O C --I Z D m m 'o 2 D m O C7 D O Z D V VJ m D R°T ro WC .E 16.A.2. 4/23/20131 a N r 9 flit Cg A Y it S In � co�ueR eau.ty,.RC g .c $ �+ � � 1 eaw�,t eolREVUen e y o fill r ap g o m Z 1 ■ lid a F 98 $ysN u p s �m R 0 ILL El R°T ro WC .E 16.A.2. Packet Page -534- r Cg A Y S In � P g .c COLIAP RQlfEYNp s �m �+ 0 z M ZI N X Packet Page -534- I m O CD O C --1 2 Z D r m CO D m w �kc r O 0 D O Z TD V VJ m D - 4/23/2013 a 50 o n n .19 HU 0 V< pp QQ mss. ©, Om o n Z 1 - IT Cow �^,Ig} M.R. p !L yN o A9 y g j #� ■4 ga $ \ C.R.M1 C ISR BOl1tEVARO SIT PM1 H AL ROT m x Packet Page -535- 16.A.2. n n .19 mss. t IT �b tlaLEVARO (SA 4 ..e ttl 8 Packet Page -535- 16.A.2. 4/23/2013 16.A.2. Certification of Contri - butory Assets County PROJECT NAME: South Naples Lowes LOCATION: intersection of 951 & US 41 (Tamiami Trail) NAME AND ADDRESS OF OWNER: Lowes Home Center -1605 Curtis Bridge Rd. Wilkesboro, NC TYPE OF UTILITY SYSTEM: 12" Water Main and 8" Water Main. Phase One. ITEM SIZE QUANT. UNIT COST TOTAL Water Main Material 12" 610 LF $ 13,999,50 $ 13,999.50 Water Main Material 8" 320 LF $ 7,344.25 $ 7,344.25 Fire Hydrants Assembly 6" 4 EA $ 8,750.00 $ 8,750.00 Valves 12" 1 EA $ 1,837.10 $ 1,837.10 Valves 10" 1 EA $ 1,533.43 $ 1,533.43 Valves 8" 2 EA $ 2,763.42 $ 2,763.42 TOTAL COST $36,227.70 1 do hereby certify that the quantities of material described above are a true and accurate representation of the as- installed cost of the system. CERTIFYING: �? — OF: STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this 1,.0� day of IK4.,v 2000 by who is personally know to me and who did not take an oath. _�"- " :� err cor�tseio�rr oa z Name: SEAL: , Packet Page -536- 0 ! 4/23/2013 16.A.2. Certification of Contributory Assets - County PROJECT NAME: South Naples Lowes LOCATION: Intersection of 951 & US41( Tamiami Trail) NAME AND ADDRESS OF OWNER: Lowes Home Center -1605 Curtis Bridge Rd. Wilkesboro,NC TYPE OF UTILITY SYSTEM: 8" Water Main Phase II. ITEM SIZE QUANT. UNIT COST TOTAL Water Main 6" I50 L.F. $3,375.00 $3,375.00 Water Main 8" 1,060 L.F. $24,327.00 $24,327.00 Fire Hydrants Assembly 6" 4 EA. $4,374.96 $4,374.96 Valves 8" 3 EA. $2,072.55 $2,072.55 TOTAL COST $34,149.51 1 do hereby certify that the quantities of material described above are a true and accurate representation of the as- installed cost of the system. CERTIFYING: OF: STATE OF FLORIDA ) ) SS: COUNTY OF C r 24W The foregoing instrument was signed and acknowledged before me this IS*�day of. 6th 200 by who is personally know to me and who did not take an oath. MEUNDA BRESNAHAN Name: NOWY POWIC - State of HMO& SEAL: W Comm. Expim Am# 22, 2014 081000 sloe 0 EE 7933 TAINT fYb�11 Nepry Aan. Packet Page -537- • . 4/23/2013 16.A.2. Certification of Contributory Assets - County PROJECT NAME: South Naples Lowes LOCATION: Intersection of 951 & US41( Tamlaml Trail) NAME AND ADDRESS OF OWNER: Lowes Home Center -1605 Curtis Bridge Rd. Wllkesboro,NC TYPE OF UTILITY SYSTEM: 12" Water Main Phase Ill. ITEM SIZE QUANT. UNIT COST TOTAL Water Main 12" 385 LF. $8,835.75 $8,835.75 Wet Tap 20" X 12" 1 F.A. $3,674.00 $3,674.00 Steel Casing 24" 160 L.F. $8,000.00 $8,000.00 TOTAL COST $Z0,509.75 I do hereby certify that the quantities of material described above are a true and accurate representation of the as- installed cost of the system. CERTIFYIN GZX eZ Packet Page -538- OF: STATE OF FLORIDA ) 4/23/2013 16.A.2. ) SS: COUNTY OF =) day The foregoing instrument was signed and acknowledged before me €his l� of. 2689ty who is personalty know to me and who did not take an oath. Z+6 /o Packet Page -539- MELINDA BRESNAHAN SEAL: Notary Public . sac$ or Florida MY Comm. Exorn Aug 22, 2014 Commission / EE ?M 00011011 TbroI NMMW NObry Assn. NIMM 4/23/2013 16.A.2. Exhibit A Utilities Performance Security Bond (UPS) and Final Obligation Bond Lowes of South Naples, Phase 1 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004 -31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Receipt of Payment Packet Page -540- Amount Receipt Number 10% UPS Bond $7,245.50 016042719 Final Obligation Bond $4,000.00 2010025585 Total Amount 11,245.50 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004 -31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Receipt of Payment Packet Page -540- 4/23/2013 16.A.2. VERIFICATION OF FINAL COST PROJECT NAME: South Naples Lowe$ LOCATION: Intarseetion of 951 L US 41 (Tamiaml Troia NAME AND ADDRESS OF OWNER: Lower Home Center -1603 Curft Bildge Rd. Wilkesboro, NC TYPE OF UTILITY SYSTEM: 12" Water Main and V' Water Main. Phase One. ITEM SIZE QUANT. UNIT COST TOTAL Water Main 12" 610 LF $27,999.00 $27,tt9.00 Water Main e" 320 LF $14,688.50 $14,688.50 Fire Hydrards Assembly 6` 4 EA $17,300.00 $17,500.00 Valves T2" 1 LS $3,674.20 $3,674.20 Valves 10" 1 LS $3,066.87 $5,066.87 Valves 8" 2 LS $5,526A2 $5.526,42 TOTAL COST $72,455.00 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as- installed cost of the system. CERTIFYING' L OF: STATE OF FLORIDA } ) SS: COUNTY OF COLLIER) Ttp-foregoing instrument was signed and acknowledged before me this day of 200by who is personavy know to me and who did not take an oath. asst �Ir cawsanx � m ssoffi Name: SEAL: rz" Packet Page -541- 4/23/2013 16.A.2. Form 2 - Rev, 2004 (Utilities Performance Bond) Bond No. 016042719 yY FYI. e;,�. fclI KNOW ALL PERSONS BY THESE PRESENTS: that Marcobay Construction, Inc. 4025 S. Pipkin Rd., Lakeland, FL 33811 (hereinafter referred to as "Contractor ", and Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 (hereinafter referred to as "Surety "), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of Seven Thousand Two Hundred Forty -Five and 501100 Dollars ($7,245.50) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Contractor and Surety are used for singular or plural, as the context requires. WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations ") conceming the Contractor's obligations to the County regarding the construction, conveyance and warranty of potable water, non - potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Contractor shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Contractor, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Contractor shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way aMct 41 Lowe's of South Naples — Phase I 12" Water Main Packet Page -542- 0 • 4/23/2013 16.A.2. 0 0 its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20 %), so as to bind the Contractor and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment ", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. M WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this day of October. 2011. Witness; Co : Mareobay Construction, Inc, Type/Print Name Na and Title STATE OF _ r(Oirl A - COUNTY OF R K— The foregoin instrument acknowledged before 5KA day of I 20 11 , by Y I as of hlayrolAw SfVW:ftCn a [`• ✓ , on behalf of the Contractor. He/she is pe onas liy known to me OR has produced as identification and did (4 did not) tea ce an oailt. r�Q My Comf IiZ5g6XPiMs-TAMWSATFlELD COMMISSION R ElBNS (Signatu Nota w■+Q IF EItPM JUNE 24 XU n 1 Iowan aarow"NO M Name; 'rQ,t ii6wwl AW J 0t. GtG� M rr i aMOM ---t — (Affix Official Sea]) Serial No. ce 169$S 42 Lowe 's of South Naples – Phase I 12" Water Main Packet Page -543- • /Z C th ai( kGN/�cu. At<��py -in -Fact & FL Licensed Aaegt TypeAh int Name Name and Title STATE OF FLORIDA . -- 4/23/2013 16.A.2. • Witness: Surety: Li Mutua cc Company COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this A day of October, 20JI by Jojm R. Neu, as AAltoM y -in Fact of LibmV Mutual Insurance Company. He/she is sonal known to me OR has produced N/A as identification and did (dtd not) take an oath. My Commission Expires: �''� ( turc of Notary) Name: Margarita Lazarides (Affix Official Seal) Serial No. DDS84223 MARGARM LAZARIDES CoWu pON v W*OtA?ns RU 64PAANa coawW 01/2oos 43 Lowe's of South Naples — Phase 112" Water Main Packet Page -544- 4/23/201316.A.2. Ara" ......._._473.__...._ This Power of Attornwfilmlts the-setso[ thinamed herein, and they have no aul wIW to�b�ompany e*mpt•In the manner and ft extent herein slated UBERTY.MV UAL INSURANCE COMPANY BO&M, VASSACHUSEM POWER-OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That liberty Mukol Insurance Company ( the "CCmp anfr), a Massech, stock haurance oornpsny. pursuant to and by authority of the Byaew and Authorization harelraMr set forth. don hereby name, consdhas and appoint KEVW wO,rrowtcz, GLENN ARUNiTIS, JONN R. NEU, ALL OF THE 01h• OF ST. PEtiRSBUP4, STATE OF FLORIDA ....... . » . « . r. »_. ». »........_ ».» .. ..» ... .. »..»».....» »...............:. w«..:.......:.».»»........»..»:......M.»_.»..._....._:.»...»»...»..:»....»......»..:....:...... a.»»............»........».__._..............». ...,......»..... ... ............ each lndhAduatly l! tKrsre be rrnxae elan one•nerlrod, ib-true-end lawful atorney4n4ed ID make, execute, assi, ah mmiedge and dollar, for-and on Its OehaN as shxrsty and ee Ns ad and deed, •arhy.and ati underfaldngs, bonds: reoogntranc�ss arW other surety owigatiars' kin •te pens) sum not exceeding two HurroREO FiPrT.wLUaN AND Oov+ DOLLARS• (S �•��,� ) seal, and the' exacuton of web urhdartsldrhga, Iboc►ds, radoprhmerhass sad: othher surety obagW orie, In ptureuarhos of mesa presents, ethsa be as Wading upon the Company as If they had txaen duly slprhed by the preisident and sheeted by the seen>dary of the Company in•tthsfr own proper pstsons. That this power Wmade and. azecutedpuisuant to end by authority of-the bNowtng By4swand Authorization: ARTICiEXfll= Execution,of• Contrails :Sactfon'S:8urotirt3ontlsand�. ' Any oMm of the Comparly authorised for that purpose In waiting by the clutinsan or the president; and subdea to such lMk tl4ns as to .r chafm»n of the president. may prescribe,. shall . appoint such sttomsye-Mdeet, as may be necessary to sot M behalf of the Company to. Make, execute, seal, admowtedge•and defiw.se surety any and all undertakings, bonds, noognizances and othersurety obligations. ouch aftheys -• 0 in4acti skged to t. Wn ibWons set forth In t heir respective powers of atorney,'shall •hairo hull power to bind the Company by.thelr signature and 9 execution of any -such kbstrumente and to attach thereto the seal of the Company. When so executed such Instruments shell be.aa bintift as If C reigned by the presidan y. t and attested by the secretary. C By the following Instrument the dudimn or the president has authortzed the of eror other official flamed therein to appoint attomeysan tact: Q PursuanticArtcle)GII $salon 5 of tha By-Lswa; David tit Carey. Assistant Secretary of Uberty"Nkr I Insurance Company: is hereby euttoitzed -to oppoW seal ettomeys-ktdaot as may be necomvyto actin behalf of to company tow eke, mceouts, weal, edcmwledge and doWwas wrety any.and all undeReldng6r.bonds, reoogrftnoes and other surety obligations. > That the By=law and the Authorization:set forth above are true.00pias thereof and are now in full'force sad elfsct. IN Wa.WMS WHEREOF, this ftwer ofAnorney has been subscribed by on auUwtmd Cfticer or.oflldal of the Company and the corporate seal of 1lbertq.I Mutual Insurance Company eras •been afftieed "thereto In Plymouth Meeting, Pamviylvanie.t is day of t� _ day of M . anti lot a, LIBERTY MUTUAL INSURANCE COMPANY O BDsAd M. Carey. Afilstent Secretary COMMONWEALTH OF PF_NN8YLV94NIA as �Qr CWNTY OF MONTGOMERY! on this 15th day yof ' JUIY 2011 befoM me, 6 Notary Pubic, personaW came David M. C.arev. to me &OWN and• scivrowiedged that he is an Assistant Secretary of Liberty Mutual insurance Company tet•he knows the seal of said corporation; and that he executed h tie abovs'Power of Attorney and afted tie corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the dime of said Ts fah oorporsdon. « C -IN TESTIMONY WHE P subscribed my reins and -afl6ced.my notarial sec of Plymouth Meeting. Pennsylvania. on the day and year Z v Aryl above written: �Q _.auoKw Tom" PaWM,NavyPuelie' f OF ' . PymohhBi Tw9; itwrtpona7 CouMY . 1/L!_.a�J Tyco LW.^=" By pemerMarre -rim Pssbmia6 Notary Public CERTIFICATE I. the undersigned, Mratual Inauran— Cornpony. do hereby esrtfythat the original power otattomey of which finetorogpinp . I full, true and nomad copy, and �Hat# on the dab of this owWlc b; and I do further certify that the officer or ufddrd who executed the said power of atorney is an Assistant Seaeta'ry. specialty authofkad by to chairman orthe president b appoint apomeys-U -teat as provided in Article XIII, Section 5 ofthe By- lawsoflabertyatudusl insurance Comparry. This obreficate and the above power ot.altorney may be signed byfsooirnileor msdani ally reproduced signatures under and by authority of the tofiowhhg vo* of tie board of dIrectors of Ubarty Mutuatirwurance Companyat s "am" duly called and held on the 121h day of March. 1880. VOTED that the tacsiroNe br medwmku tty.reprod6ced.Ognattue of any assistant secretary or tte company, wherever appearing upon a Certified' Copy Of.any.power of ettanay lasued.by the Companyin aonnecaorivrBh surety bonds, chaff be valid and binding upon file eorrhpuhy hNtitl'It" some force and -effect as though.manually affixed. IN S11)MONY' WHEREOF,. G have hereunto subscribed• rhy name :and aMiced the Corporate seal of to sold company. Chins 5+h day of Gregory W. Davenport, Assistant Secretary Packet Page -545- e 0 c w °o • 4/23/2013 16.A.2. Community Development & Environmental Services i�`. CoHmy aaa hWs*&o.tWwA1 -�. N&PAK Ft 3004 239-25244W I Receipt Number: Transaction Number: Date Paid: Payment Method: Check Number. Full Amount: Amount Tendered: Overage Amount: Contact: RECEIPT OF PAYMENT 2010025585 2010- 005897 07/26/2010 Check 001383 $4,000.00 $4,000.00 $0.00 Bank of Central Florida 5015 South Florida Ave Lakeland, FL 33801 FEES: p�scrf tp fon Reference Number Original Amount GL Account E= Edw Refundable Bonds PL20100000820 $4,000.00 $4,000.00 670- 000000 - 220113 Cashier Name: EvelynTrimino Batch Number: 1590 Packet Page -546- 4/23/2013 16.A.2. Exhibit B Utilities Performance Security Bond (UPS) and Final Obligation Bond Lowes of South Naples, Phase 2 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004 -31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Receipt of Payment Packet Page - 547 - i Amount Receipt Number 10% UPS Bond $8,113.63 016042741 Final Obligation Bond N/A Total Amount $8,113.63 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004 -31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Receipt of Payment Packet Page - 547 - i 4/23/2013 16.A.2. VERIFICATION OF FINAL COST PR0JECT NAME: South Naples Lowes LOCATION: Intersection of 951 & 41 ( Tamiami Trail) NAME AND ADDRESS OF OWNER: Lowes Home Center -1605 Curtis Bridge Rd.Wilkesboro,NC TYPE OF UTILITY SYSTEM: 8" Water Main Phase II ITEM SIZE QUANT UNIT COST TOTAL Water Main 6" 150 L.F. $6,688.00 $6,688.00 Water Main 8" 1,060 L.F. $48,654.00 $48,654.00 Fire Hydrants Assembly 6" 4 EA. $17,500.00 $17,500.00 Valves 8" 3 EA. $8,289.63 $8,289.63 TOTAL COST $81,131.63 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as- installed cost of the system. CERTIFYING: Calf STATE OF FLORIDA ) ) SS: COUNTY OF gO-L- M 46'a.o The foregoing oin instrument was signed and acknowledged before me this ay of 20¢0 by who is personally know to me and who did not take an oath. MELINDA BRESNAHAN Notary Public - State of FWW SEAL: My Comm. Expires Aug 22, 2014 Commission* EE 7993 lsaftl TWoo NOW Notary Am. Packet Page -548- • 0 4/23/2013 16.A.2. Form 2 - Rev. 2004 (Utilities Performance Bond) Bond No. 016042721 UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Marcobay Construction, Inc. 4025 S. Pipkin Rd., Lakeland, FL 33811 (hereinafter referred to as "Contractor ", and Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 (hereinafter referred to as "Surety "), are held and firmly bound unto Collier County, Florida, (hereinafter called "County "), in the total aggregate penal sum of Eight Thousand One Hundred Thirteen and 63/100 Dollars ($8,113.63) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Contractor and Surety are used for singular or plural, as the context requires. WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations ") concerning the Contractor's obligations to the County regarding the construction, conveyance and warranty of potable water, non - potable irrigation water and /or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Contractor shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Contractor, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Contractor shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect 41 Lowe's of South Naples — Phase II 12" Wnt.Pr Main Packet Page -549- 4/23/2013 16.A.2. its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20 %), so as to bind the Contractor and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment ", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this 5th day of October, 2011. Witness- Conban' cobay Construction, Inc. Type /Print Name Nam STATE OF 00 Y &L- COUNTY OF "Py The f regoing instrument was acknowledged before me this � da of 20 (� , by t/�lOI, d , as h�LS —� of 0 a ApypWe4 -7') ter'\, , on behalf of the Contractor. He /sh is personally known to me OR has produced as identification and did (did not) tae an oath. Q My Commissio VE 24 203A (Affi O�.n -tirn (Signature N Name: Serial No. ! Lowe's of South Naples - Phase II 12" Wa+ar Main Packet Page -550- 0 i 4/23/2013 16.A.2. Witness: ` Cathy Knoke Type/Print Name STATE OF FLORIDA COUNTY OF PINELLAS Surety: I e Mut nce Company lr� ign' R. e-IV u. Attorney -in -Fact & FL Licensed Agent Name and Title The foregoing instrument was acknowledged before me this 5th day of October, 2011, by John R. Neu, as Attorney-in -Fact of Liberty Mutual Insurance Company. He /she is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: t (i ature of Nota (Affix RIDES hAARGARITA LAZA COMMISSION t DDBSA223 Nvue�ic EXPIRES APR 27 2013 , A Itu MSURO" COPAPMII' — 01/2005 Name: Margarita Lazarides Serial No. DD884223 43 Lowe's of South Naples — Phase II 12" water Main Packet Page -551- �.__ __AT T0_ "UND 4/23/2013 16.A.2. tI Wi POWER OF ATTORNEY IS NOT V UNY�.E$ `IT P 1 F6_l b.�A This Power of Attorney limits the acts of th med herein, and they have no authority to bin Company except ......_ ..__.... _ _ extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint KEVIN WOJTOWICZ, GLENN ARVANITIS, JOHN R. NFU, ALL OF THE CITY OF ST. PETERSBURG, STATE OF FLORIDA ....... ............................... ...................................... ............................... .................................................... ............................... .................. each individually if there be more than one named, its true and lawful attomey -in -fact to make execute, seal, acknowledge and deliver, for and on Its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWO HUNDRED FIFTY MILLION AND -001 100 " """"" """"""""""" � DOLLARS ($ 250,000, 000.00" ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. r That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys - m in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and 'v execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if Y ✓n signed by the president and attested by the secretary. m r- By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys -in -fact: ' PursuanttoArticle XI 11, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized � CA to appoint such attomeys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety d any and all undertakings, bonds, recognizances and other surety obligations. O m > That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. d� — 7 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty c N Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 15th day of July O 0) 2011 LIBERTY MUTUAL INSURANCE COMPANY di O Bt2 By David M. Carey, Atrsistant Secretary COMMONWEALTH OF PENNSYLVANIA ss ;) COUNTY OF MONTGOMERY O C E On this 15th day of July 2011 before me, a Notary Public, personally came David M. arey C, to me known, and d p R acknowledged that he is an Assistant Secretary of Liberty Mutual insurance Company; that he knows the seal of said corporation; and that he executed "" L the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said v corporation. GIN TESTIMONY WHER J ow o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. 4 Z _ t� l,(u Ups*' C Notarial Seat Teresa aaste+ia, Notary Public - \ OF Pyrr ouL", Twp., !fa^;qantery County My Commission Expires 1,4ar. 2E, 20:S By Teresa Pastella Notary Public A to .0 C v� 0 in le N O �o C) 0 > JZ. E oD 0o l� r @ 'Man1ber, Pennsylvania Assnaaben cf Notat�s CERTIFICATE 1'L4F I, the undersigned, Assis arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, I Ce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attomeys-in -fact as provided in Art icle XIII, Section 5 of the By -taws of Liberty Mutual Insurance Company. i This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. i IN TESTIMONY rWHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this ±h day of r Gregory avenport, Assistant Secretary Packet Page - 552 - 4/23/2013 16.A.2. Exhibit C Utilities Performance Security Bond (UPS) and Final Obligation Bond Lowes of South Naples, Phase 3 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004 -31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Receipt of Payment Packet Page -553- Amount Receipt Number 10% UPS Bond $7,884.55 016042722 Final Obligation Bond N/A Total Amount $7,884.55 The 10% UPS Bond, if applicable, is based on the total amount of the water and /or sewer utilities being installed for the whole project which includes material and labor. The contributory assets reflect the cost of materials, not labor and is based on the assets of which the county will be owning and maintaining. Final Obligation Bond, if applicable, is according with Utility Ordinance 2004 -31 Attachments: 1. Utilities Performance Security Bond (UPS) 2. Receipt of Payment Packet Page -553- VERIFICATION OF FINAL COST 4/23/2013 16.A.2. PROJECT NAME: South Naples Lowes LOCATION: Intersection of 951 & 41(Tamiami Trail) NAME AND ADDRESS OF OWNER: Lowes Home Center -1605 Curtis Bridge Rd.Wilkesboro,NC TYPE OF UTILITY SYSTEM: 12" Water Main Phase Ill. ITEM SIZE QUANT. UNIT COST TOTAL Water Main 12" 385 L.F. $17,671.50 $17,671.50 Wet Tap 2(" X 12" 9 EA. $5,174.00 $5,174.00 Steel Casing 24" 260 LF. $56,000.00 $56,000.00 TOTAL COST $76,845.50 I do hereby certify that the quantities of material and services described above are a true and accurate representation of the as- installed cost of the system. CERTIF I OF: STATE OF FLORIDA ) ) SS: Packet Page -554- 4/23/2013 16.A.2. COUNTY OF G06W-ER ) eie � e fore oing instrument was signed and acknowledged before me this —�—= day of, �y who is personally know to me and who did not take an oath. j "�'�` SEAL: ae- GMDA BRESNAIMN Name: n' Pub1k - S A0 or pis mte. FxPka W,P A99 22.2014 Tirp�q N rr�..._ Packet Page -555- 9 Form 2 - Rev. 2004 (Utilities Performance Bond) UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that Marcobay Construction, Inc. 4025 S. Pipkin Rd., Lakeland, FL 33811 (hereinafter referred to as "Contractor ", and Liberty Mutual Insurance Company 175 Berkeley Street, Boston, MA 02116 0 4/23/2013 16.A.2. Bond No. 016042722 (hereinafter referred to as "Surety "), are held and firmly bound unto Collier County, Florida, (hereinafter called "County "), in the total aggregate penal sum of Seven Thousand Eight Hundred Eighty -Four and 55 1100 Dollars ($7,884.55) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Contractor and Surety are used for singular or plural, as the context requires. WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and. Resolutions (hereinafter "Land Development Regulations ") concerning the Contractor's obligations to the County regarding the construction, conveyance and warranty of potable water, non - potable irrigation water and /or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Contractor shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Contractor, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Contractor shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect 41 Lowe's of South Naples — Phase III 19" Water Main Packet Page -556- • • 4/23/2013 16.A.2. its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20 %), so as to bind the Contractor and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment ", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this 5th day of October, 2011. Witness: Type /Print Name STATE OF 00 ir(&L COUNTY OF �A Contract r: Marcobay Construction, Inc. Name and Title The foregoing i strument was acknowledged before this 5+1`1 day of y�e ✓ , 20 l ( , by aA ('- 55 , as rC51� of Mairroloccy Co j-tStrL&(, '0 VA , a C yp o rckjTon , on behalf of the Contractor. He /s a is personally known to me OR has produced as identification and did (did not) take an oath. TAM Y SATF{ELD COMMISSION # EE3985 iw EXPIRES JUNE 24 2014 arRaR eoNDEDYM000H RU VISURANM coMPAW (Signature f Notar )Y -�' Name: �L Serial No. S 42 Lowe's of South Naples — Phase III 1"" Packet Page -557- Witness: Cathy Knok Type /Print Name STATE OF FLORIDA COUNTY OF PINELLAS 0 4/23/2013 16.A.2. Surety/Li rt y Mutu n ance Company JohrRNu , Attorney -in -Fact & FL Licensed Agent Name and Title The foregoing instrument was acknowledged before me this 5th day of October, 2011, by John R. Neu, as Attorney -in -Fact of Liberty Mutual Insurance Company. He /she is personally known to me OR has produced N/A as identification and did (did not) take an oath. My Commission Expires: 1 �- (Si ture of Notary) (Affix Official Seal) MARGARITA LCARIDES COMMISSION 8 DD884223 EXPIRES APR 27 2013 RU INSURANCE COA~," — 01/2005 Name: Margarita Lazarides Serial No. DD884223 43 Lowe's of South Naples — Phase III 1)" Ix' ^ + ^r >`/r-:— Packet Page -558- THIS POWER OF ATTORNEY IS NOT WN UNLESS IT IS PRINTED ON RED BACKG�UND. 4/23/2013 16.A.2. This Power of Attorney limits the acts of th ame d herein, and they have no authority to bin Company except...._.._.._ extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint KEVIN WOJTOWICZ, GLENN ARVANITIS, JOHN R. NEU, ALL OF THE CITY OF ST. PETERSBURG, STATE OF FLORIDA ............................................................................ ............................... ....... .......... .. ..... . ................................. .. ....................... .................................................................. . ...... : ................................................................................................................... . ........................ .. ...................... .. ............... . .................. ...... .. ....... . ............................................................. .... ......... ............ .. ............................................... each individually if there. be more than one named, its true and lawful aftomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding TWO HUNDRED FIFTY.MILUON AND 00f100 """" """ """ """'""""" """""` DOLLARS ($ 250 +0001 000.00___" `"'* __* ) each, and the execution of such undertakings, bonds, recognizances and othersurety, obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: OF Plymouth Twp.; Mon gomury CoUnty My Cvnrns_ ion Ex es Mar. 28, 2013 By ro e ~ �- �' - Otary PUbIIC Member, Pemsltivarba" —wawn OfNo'tanes Teresa Pastella, N CERTIFICATEL4P I, the undersigned, Assis erty -Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy,. i e and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint aftomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. i This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following j vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. f VOTED thatthe facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said company, this r] T h day of 00 vhe r - - h34?'�B�k9y� C Gregory W. Davenport, Assistant Secretary Packet Page - 559 - ARTICLE XIII - Execution of Contracts-, Section 5. Surety, Bonds and Undertakings. to `o Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the to chairman or the president may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Company to make, N execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- C m in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and y execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as ff ,Y An signed by the president and attested by the secretary. M o By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: 'C 3 Pursuant to Article X111, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Uberty Mutual Insurance Company, is hereby authorized c O 0 ED to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety w y any and all undertakings, bonds, recognizances and other surety obligations. y>'LU O _ `m > That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. 00. mea Q — 3 IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty, O� y Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 15th day of July cc c" 2011 LIBERTY MUTUAL INSURANCE COMPANY m c al �,,NSVp CL six Q: 1912p B rri o ' David M. Carey, P96sistant Secretary o� to m COMMONWEALTH OF PENNSYLVANIA ss O c :; C COUNTY OF MONTGOMERY' m fl O F ni On this 15th day of July 2011 before me, a Notary Public, personally came David M. Carey, to me known, and �. p acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed > e the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said t V corporation. r,, N. a0 +• {r IN TESTIMONY WHER P o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year E N q 00 C , Zv first above written. �� D� ONW_ � !+ 0 , r Ntrtaria_ seas Teresa Pas:e la. Notary Public � a V T" C to OF Plymouth Twp.; Mon gomury CoUnty My Cvnrns_ ion Ex es Mar. 28, 2013 By ro e ~ �- �' - Otary PUbIIC Member, Pemsltivarba" —wawn OfNo'tanes Teresa Pastella, N CERTIFICATEL4P I, the undersigned, Assis erty -Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy,. i e and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint aftomeys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. i This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following j vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. f VOTED thatthe facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the said company, this r] T h day of 00 vhe r - - h34?'�B�k9y� C Gregory W. Davenport, Assistant Secretary Packet Page - 559 -