1182-Tri-City Electrical-Northshore/Marina IslandSECTION 00520
AGREEMENT FORM
PART 1 GENERAL
1.01 THIS AGREEMENT, made this 14th day of September, 2007 by and between City of
Sanford hereinafter called the Owner, and Tri-City Electrical Contractors, Inc.
hereinafter called the Contractor.
1) Name of Contractor
2) Corporation, Partnership, Sole Proprietor
1.02 The Owner and Contractor agree as follows:
A. Contract Documents
The Contract Documents include the Agreement, Addenda (which pertain to the
Contract Documents), Contractor's Bid, Notice to Proceed, the Bonds, the
General Conditions, the Supplementary Conditions, the Specifications listed in
the Index to the Project Manual, any technical specifications as incorporated by
the Project Manual; the Drawings as listed in the Project Manual, all Written
Amendments, Change Orders, Work Change Directives, Field Orders, and
Engineer's written interpretations and clarifications issued on or after the
Effective Date of this Agreement. These form the Contract and all are as fully a
part of the Contract as if attached to this Agreement or repeated herein.
B. Scope of Work
The Contractor shall perform all work required by the Contract Documents for the
construction of the Northshore / Marina Island Restabilization Project Phase 2C
(Amended to delete all work west of Palmetto Avenue, Including Panel "B ".)
C. Contract Time
The Contractor shall begin work within 10 days after the issuance of a written
Notice to Proceed and shall substantially complete the work within 90 calendar
days from the date of the Notice to Proceed. The work shall be finally complete,
ready for Final Payment in accordance with the General Conditions, within 30
calendar days from the actual date of substantial completion.
3) As specified in paragraph 1.02/ of the Bid Form
D. Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this
Agreement and that OWNER will suffer financial loss if the Work is not
substantially complete within the time specified in Paragraph C above, plus any
00520 -1
NAME OF PROJECT: Northshore / Marina Island Restabilization Project Phase 2C (IFB 06/07 -
also recognize the delays, expense and difficulties involved in proving in a legal
arbitration proceeding the actual loss suffered by OWNER if the Work is not
substantially complete on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not
as a penalty) CONTRACTOR shall pay OWNER 500 for each calendar day that
expires after the time specified in Paragraph C for substantial completion until the
work is substantially complete. It is agreed that if this Work is not Finally
completed in accordance with the Contract Documents, the CONTRACTOR shall
pay the OWNER as liquidated damages for delay, and not as penalty, one -fourth
(Y4) of the rate set forth above.
E. Contract Price
Unit Price Contract
The Owner will pay the Contractor in current funds for the performance of the
work, subject to additions and deductions by Change Order and subject to the
Measurement and Payment Provisions, and subject to actual constructed
quantities; the Total Contract Price of Sixty One Thousand Five Hundred Seventy
Five Dollars ($61,575.00) Payments will be made to the Contractor on the basis
of the Schedule of Unit Prices included as a part of his Bid, which shall be as fully
a part of the Contract as if attached or repeated herein.
F. City of Sanford Tax Recovery
The Owner reserves the right to purchase directly, via its purchase orders,
various construction materials, supplies and equipment that may be part of this
contract. The Contractor hereby acknowledges that the Owner has the right to
exercise this option and that Contractor will cooperate fully to enable the Owner
to achieve the tax recovery savings applicable to the materials, supplies and
equipment so designated by the Owner.
G. Payments
The Owner will make payments as provided in the General Conditions and
Supplementary Conditions.
H. Retainage
The value of each application for payment shall be equal to the total value of the
Work performed to date, less an amount retained, and less payments previously
made and amounts withheld in accordance with the General Conditions and
Supplementary Conditions. Retainage for this project is 10 %, to be held by
Owner as collateral security to ensure completion of Work. When the Work is 50
percent complete, defined as being 50 percent complete based on the
construction progress schedule as updated during construction, and expenditure
of at least 50 percent of the total updated construction cost, retainage shall be
reduced in accordance with State law.
00520 -2
NAME OF PROJECT: Northshore / Marina Island Restabilization Project Phase 2C (IFB 06/07 -
Y
Engineer
The Project has been designed by CPH Engineers, Inc., referred to in the
documents as the Engineer, whose authority during the progress of construction
is defined in the General Conditions and Supplementary Conditions.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
Tri -City Electrical Contractors, In
Name of Firm
(Signature) (SEAL)
Charles W. McFarland, Sr VP Adanin /C
Printed Name and Title
ATTEST:
(!� A.
By (Signatur
Cheryl A. Lulli, Asst. Secretary
Printed Name and Title
OWNER:
City of Sanford
Name of Owner
By (Signature) (SEAL)
Robert P. Yehl, City Manager
Printed Name and Title
ATTEST:
Q
A y (Signature)
Janet Dougherty, City Clerk
Printed Name and Title
END OF SECTION
00520 -3
NAME OF PROJECT: Northshore / Marina Island Restabilization Project Phase 2C (IFB 06/07 -
Bond No. SU1026702
SECTION 00605
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
TRI= -CITY ELECTRICAL CONTRACTORS, INC.
(Name of CONTRACTOR)
430 West Drive Altamonte Springs, FL 32714
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and ARCH INSURANCE COMPANY
(Name of Surety)
.3 Parkway. Suite 1500 Philadelphia, PA 19102
(Address of Surety)
CITY OF SANFORD, FLORIDA
hereinafter called Surety, are held and firmly bound unto 1) 300 North Park Avenue, Sanford, FL 32771
hereinafter called OWNER, in the full and just Sum of sixty -Seven Thousand seven Hundred Thir
Two and 50 /100 - - - - -- DOLLARS ($ 67.732 50l ) 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. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 14th day of Saptember , 2007
a copy of which is hereto attached and made a part hereof for the construction of 2)
NORTHSHORE /M RINA - ISLAND RESTABILIZATION PROJECT PHASE "2C;.I NO..06/07 -12
1) Name of Owner
2) Name of Project identified in Instructions to Bidders
This bond is being entered into to satisfy the requirements of Section 255.05, Florida Statutes
and the Agreement referenced above, as the same may be amended.
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound.
NOW, THEREFORE, the condition of this obligation is such that if Principal:
1. Promptly and faithfully performs its duties, all the covenants, terms, conditions,
and agreements of said Agreement including, but not limited to the insurance
provisions, guaranty period and the warranty provisions, in the time and manner
prescribed in the Agreement, and
00605 -1
SPECU8052803
2. Pays OWNER all losses, damages, delay damages (liquidated or actual),
expenses, costs and attorneys' fees, including costs and attorney's fees on
appeal that OWNER sustains resulting directly or indirectly from any breach or
default by Principal under the Agreement, and
3. Satisfies all claims and demands incurred under the Agreement, and fully
indemnifies and holds harmless the OWNER from all costs and damages which it
may suffer by reason or failure to do so, then this bond is void; otherwise it shall
remain in full force and effect.
The coverage of this Performance Bond is co -equal with each and every obligation of
the Principal under the above referenced Agreement and the Contract Documents of which the
Agreement is a part.
In the event that the Principal shall fail to perform any of the terms, covenants and
conditions of the Agreement and the Contract Documents of which the Agreement is a part
during the period in which this Performance Bond is in effect, the Surety shall remain liable to
the OWNER for all such loss or damage.
In the event that the Surety fails to fulfill its obligations under this Performance Bond,
then the Surety shall also indemnify and hold the OWNER harmless from any and all loss,
damage, cost and expense, including reasonable attorneys' fees and costs for all trial and
appellate proceedings, resulting directly or indirectly from the Surety's failure to fulfill its
obligations hereunder. This subsection shall survive the termination or cancellation of, this
Performance Bond.
The Surety stipulates and agrees that its obligation is to . perform the Principal's work
under the Agreement under the Bond. The following shall not be considered performance under
the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the
Contract Documents, (ii) Surety's offers to OWNER to buy back the Bond, and (iii) Surety's
election to do nothing under the Bond shall be construed as _a material breach of the Bond and
bad faith by.the Surety. The Surety agrees that its obligation under the bond is to: C) take over
performance of the Principal's Work and be the completing Surety even if performance of the
Principal's Work exceeds the Principal's Contract Price or (ii)re -bid and re -let the Principal's
Work to a completing contractor with Surety remaining liable for the completing contractor's
performance of the Principal's Work and furnishing adequate funds to complete the Work. The
Surety acknowledges that its cost of completion upon default by the Principal may exceed the
Contract Price. In any event, the Principal's Contract Time is of the essence and applicable
delay damages are not waived by OWNER.
The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall be direct and immediate and not conditional or ctintingent upon OWNER's
pursuit of its remedies against Principal, shall remain in full force and effect notwithstanding (i)
amendments or modifications to the Agreement entered into by OWNER and Principal without
the Surety's knowledge or consent (ii) waivers of compliance with or nay default under the
Agreement granted by OWNER to Principal without the Surety's knowledge or consent, or (iii)
the discharge of Principal from its obligations under the Agreement as a result of any
proceeding initiated under the Bankruptcy Code of 1978, as the same may be amended, or any
similar state or federal law, or any limitation of the liability or Principal or its estate as a result of
any such proceeding.
00605 -2
SPECLIS052803
Any changes in or under the Agreement and Contract Documents and compliance or
noncompliance with any formalities connected with the Agreement or the changes therein shall
not affect Surety's obligations under this Bond and Surety hereby waives notice of any such
changes. Further, Principal and Surety acknowledge that the Sum of this Bond shall increase or
decrease in accordance with Change Orders (unilateral and bilateral) or other modifications to
the Agreement and Contract Documents.
The Performance Bond and the Payment Bond and the covered amounts of each are
separate and distinct from each other.
This Bond is intended to comply with the requirements of Section 255.05, Florida
Statutes, as amended, and additionally, to provide common law rights more expansive than as
required by statute. The Surety agrees that this Bond shall' be construed as a common law
bond.
IN WITNESS WHEREOF, this instrument is executed this the 9th day of
2007
ATTEST:
VoloW4 (P incipal) Witness-
Cheryl A. Lulli
Typed Name
(CORPORATE SEAL)
(Witness to Principal)
October
TRI -CITY ELECTRICAL CONTRACTORS, INC
Principal (Contractor)
By (Signature)
Charles W. McFarland, Sr VP Ad min /CF'O
Typed Name and Title
430.West Drive
Address
Altamonte Springs, FL 32714
City, State, Zip
(407)788 -3059 (407)788 -8555
Telephone No. Facsimile No.
Jane Hodges
Typed Name
ATTEST_
(Surety) Witn
ARCH INSURANCE COMPANY
Surety
Rita Lazarides
Typed Name
(CORPORATE SEAL)
(904)388 -5002 (Agent) (904)384 -9827 (Agent)
Telephone No. Facsimile No.
00605.3
SPECLIB052803
Witness as to Surety
Teresa Munk
I N e
Wi ness`as to Surety.
Morgan Crawford
Typed Name
B r) �
Attorney -in -Fact &
Florida Licensed Agent
Tom S. Lobrano. III .
Typed Name
2110 Herschel Street
Address
Jacksonville, FL 32204
City, State, Zip
904)388 -5002 (904)384 -9827
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is 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 OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution of
Performance Bond on behalf of Surety.
END OF SECTION
00605 -4
SPECUB052803
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint
Tom S. Lobrano III of Jacksonville, FL
its true and lawful Attomey(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri. .
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on .March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and 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, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
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In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 4th day of June , 20 07
Attested and Certified
y ptonce
0 0
CORPORATE ��
v Sal .
1971
Missouri
Martin J. Ni sen, Secretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
dward M. Titus, NXce President
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,
sealed with the corporate seal and delivered the said instrument as the free an voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEO, ESQ.
Notary Public, State of New York Peter J. Cal , Notary Pu lic
N o. 02CA York 6 My commis n expires 5 - 03 - 2008
Q�•:fified in New York County
CERTIFICATION Commission Expires May 3, 2008
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporalp seal of the Arch Insurance
Company on this 9th day of October , 20 07
Martin JA Nilsen, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Suite 1540
Philadelphia, PA 19102
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SECTION 00610 Bond No. SU1026702
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
TRI -CITY ELECTRICAL CONTRACTORS, INC.
(Name of CONTRACTOR)
430 West Drive, Altamonte Springs,•FL 32714
(Address of CONTRACTOR)
a Corporation , hereinafter called
(Corporation, Partnership or Individual)
Principal, and
ARCH INSURANCE COMPANY
(Name of Surety)
3 Parkway, Suite 1500, Philadelphia, PA 19102
(Address of Surety)
CITY OF SANFORD, FLORIDA
hereinafter called Surety, are held and firmly bound unto 1) 300 North Park Avenue, Sanford, FL 3 2771
hereinafter called OWNER, in the full and just Sum of Sixty -seven Thousand Seven Hundred Thirty -
Two and 50/100- - - ---- DOLLARS ($ 67,732.50 ) % 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. The sum shall not be
less than one hundred ten percent (110 %) of the Contract Price.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a
certain Agreement with the OWNER, dated the 14th day of September , 2007
a copy of which is hereto attached and made a part hereof for. the construction of 2)
NORTHSHORE /MARINA ISLAND RESTABILIZATION PROJECT PHASE 2C; IFB NO. 06/07 -12
1) - Name of Owner
2) Name of Project identified in Instructions to Bidders
The Surety shall be bound by any and all alternative dispute resolution awards and settlements
to the same extent as CONTRACTOR is bound,
NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make
payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal
with labor, Materials, or supplies, used directly or indirectly by Principal in the prosecution of the
Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain
in full force and effect subject, however, to the following conditions:
This Bond is furnished for the purpose of complying with the requirements of
Section 255.05, Florida Statutes, as the same may be amended.
Therefore, a claimant, except a laborer, who is not in privity with the
CONTRACTOR and who has not received payment for his labor, Materials or
0000 "10 -1
SPECLIS052803
supplies shall, within forty -five (45) days after beginning to furnish labor,
Materials or supplies for the prosecution of the Work, furnish the CONTRACTOR
with a notice that he intends to look to the Bond for protection. A claimant who is
not in privity with the CONTRACTOR and Who has not received payment for his
labor, Materials or supplies shall within ninety (90.) days after performance of the
labor or completion of delivery of the Materials or supplies,. or, with respect to
rental equipment, within 90 days after the date that the rental equipment was last
on the job site available for use, deliver to the CONTRACTOR and to the Surety
written notice of the performance of the labor or delivery of the Materials or
supplies and of the nonpayment. No action for the labor, Materials or supplies
may be instituted against the CONTRACTOR or the Surety on the bond after one
(1) year from the performance of the labor or completion of the delivery of the
Materials or supplies.
3. The Surety, for value received, hereby stipulates and agrees that its obligations
hereunder shall remain in full force and effect notwithstanding (i) amendments or
modifications to the Agreement entered into by OWNER and Principal without the
Surety's knowledge or consent, (ii) waivers of compliance with or any default
under the Agreement granted by OWNER to Principal without the Surety's
knowledge or consent, or (iii) the discharge of Principal from its obligations under
the Agreement as a result of any proceeding initiated under The Bankruptcy
Code of 1978, as the same may be amended, or any similar state or federal law,
or any limitation of the liability or Principal or its estate as a result of any such
proceeding.
4. Any changes in or under the Agreement or Contract Documents and compliance
or, noncompliance with any formalities connected with the Agreement or the
changes therein shall not affect Surety's obligations under this Bond and Surety
hereby waives notice of any such changes. ' Further, Principal and Surety
acknowledge that the Sum of this Bond shall increase or decrease in accordance
with the Change Orders (unilateral and bilateral) or other modifications to the
Agreement or Contract Documents.
5. The Performance Bond and the Payment Bond and the covered amounts of each
are separate and distinct from each other.
IN WITNESS WHEREOF, this instrument is executed this the 9th day of October
2007
TRI -CITY ELECTRICAL CONTRACTORS, INC.
ATTEST: Principal (Contactor)
,q4dr6J4r* ( incipal) witness ,may (Signature)
Cheryl A. Lulli Charles W. McFarland, Sr VP Admin /CFO
Typed Name Typed Name and Title
4 30 West Drive
00610 -2
SPECLIS052803
(CORPORATE SEAL)
(Witness to Principal)
i.
Jane Hodges
Typed Name
ATTE
(Surety)RAUA(ky Witn
Rita Lazarides
Typed Name
(CORPORATE SEAL)
, A 0 IYN ;1L,4
Witness as to Surety
Teresa Blunk
(T yped Na e
tness s o Surety
Morgan Crauford .
Typed Name
Address
Altamonte Springs, FL 327141
City, State, Zip
(407)788 -3059 (407)788 -8555
Telephone No. Facsimile No.
ARCH INSURANCE COMPANY
Surety
(904)388 -5002 (Agent) (904)384 -9827 (Agent)
Telephone No. Facsimile No.
By:
Attorney -in -Fact &
Florida Licensed Agent
Tom S. Lobrano. III
Typed Name
2110 Herschel Street
Address
. Jacksonville, FL 32204
City, State, Zip
(904)388 -5002 (904)384 -9827
Telephone No. Facsimile No.
NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint
venture, all venturers shall execute the Bond. If CONTRACTOR is Partnership, all partners
shall execute 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 OWNER.
ATTACH a certified Power -of- Attorney appointing individual Attorney -in -Fact for execution 'of
Performance Bond on behalf of Surety.
END OF SECTION
0061 6 -3
SPEOLISO5280S
POWER OF ATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint
Tom S. Lobrano III of Jacksonville, FL
its true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and
on its behalf as surety, and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all infents and purposes, as if the same had been duly executed and acknowledged by its
regularly elected officers at its principal office in Kansas City, Missouri.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as. being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and 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, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, seated and certified
with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.
OOMLOO13 00 03 03
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In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers, this 4th day of June , 20 07
Attested and Certified
once C
0
r CORPORATE
v SFAL
x 1971 �.
Missouri
�f
Martin J. Ni sen, Secretary
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
Arch Insurance Company
dward M. Titus, ce President
I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to
be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a
Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged that they being thereunto duty authorized- signed,
sealed with the corporate seal and delivered the said instrument as the free an voluntary act of said corporation and as
their own free and voluntary acts for the uses and purposes therein set forth.
PETER J. CALLEO, ESQ. J,
Notary Public, State of New York Peter J. Cal lab Notary Pu lic
No. 02CA6109336 My commiss n expires 5 -03 -2008
0u::11fied in New York County
CERTIFICATION Commission Expires May 3, 2008
I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated
on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect
since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said
Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached
Power of Attorney the duly elected Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporalp seal of the Arch Insurance
Company on this 9th day of October , 20 07 /
Martin J. ilsen, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS:
Arch Surety
3 Parkway, Suite 1500
Philadelphia, PA 19102
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