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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. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. 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 OOMLOO13 00 03 03 Page 2 of 2 �gatnnce C CORPORATE V SFAL 3 19:7 Iisseeri Printed in U.S.A. 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 Page 1 of 2 Printed in U.S.A. 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 OOMLOO13 00 03 03 Page 2 of 2 once C O� CORPORATE v SEAL 19:1 iris3Old Printed in U.S.A.