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SCREW LIFT STATION UPGRADES NORTHEAST WATER RECLAMATION FACILITY - 12-0017-UT - RIDER FOR PAYMENT AND PERFORMNCE BONDRIDER To be attached to and form a part of Payment & Performance Bond No. 929588358, issued by the Western Surety Company, as Surety, on behalf of Wharton- Smith, Inc., as Principal, in the penal sum of $2,330,000.00, and in favor of City. of Clearwater Florida for work described as Northeast W.R.F. Screw Lift Station Upgrades 0 #12- 0017 -UT). In consideration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amended as follows: Bond Penalty is amended to read $2,330,020.00. Provided, however, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, and further that the liability of the Surety under the attached bond and the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of 05/22/2014. Signed, sealed and dated 05/22/2014. ATTEST: Devon A. Lewis, Corporate Secretary ACCEPTED: City of lea r�water,, Florida /a Willis . Horne, II City an ger App of /. mg I Cami ' - ATTEST: form: Assistant C Rosemarie Call, City C PRINCIPAL Wharton - Smith, Inc. B r r.:; ca `o • n- .r, Ronald F. Davoli, President/CEO W 7- il L. Lively, Attorney -In -Fc c Floridi' .e;.) Licensed Resident Agent ti {' °•'t Inquiries: (407) 834 - 0022. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint J W Guignard, Bryce R Guignard, April L Lively, Paul J Ciambriello, Jennifer L McCarta, Margie L Morris, Allyson Foss, Individually of Longwood, FL, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 17th day of September, 2012. State of South Dakota County of Minnehaha } ss WESTERN SURETY COMPANY aul Bruflat, Vice President On this 17th day of September, 2012, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires June 23, 2015 •.• J. MOHR NOTARY PUBLIC SOUTH DAKOTA CERTIFICATE J. Mohr, Notary Public I, L. Nelson, Assistant Secretary of WESTERN $URBTY- QQMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in force, and further certify that the By -Law of the c,atpfpraitsort thin* pi) the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporati011ts 2Virxlay M MAy4014. rC4 ° M-4 t . .6 Form F4280 -7 -2012 WESTERN SURETY COMPANY 630 2°461-11.7t/ L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.