12/20/2006 Agreement
Gle" of lhe
Gimul coun
Danny L. Kolhage
Office (305) 295-3130 Fax (305) 295-3663
Memnrandwn
To:
David S. Koppel, County Engineer
Attn:
Judy Clarke
Date:
Friday, January 26, 2007
Isabel C. DeSantis, Deputy Clerk ~
From:
item:
At the BaCC meeting on December 20, 2006, the Board approved the following
Award of bid and to enter into a Standard Form of Agreement between Monroe
County and Coastal Marine Construction, Inc. for repairs to five Card Sound Road
Bridges.
Enclosed herewith is a duplicate original of the subject document for your
handling. Should you have any questions concerning this matter, please do not hesitate
to contact this office.
Copies: Finance
County Attorney
File
Card Sound Road Bridges Rehabilitation Proiect
OYiJt'na./
Section 00500
Standard Form of Agreement
Between Owner and Contractor
Where the basis afpayment is a STIPULATED SUM
AGREEMENT
Made as of the twentieth day of December in the year of Two Thousand and Six
BETWEEN
the Owner:
Monroe County Board of County Commissioners ("BOCC")
] ] 00 Simonton Street
Key West, Florida 33040
Coastal Marine Construction, Inc.
625 N. Tamiami Trail
Venice, Florida 34285
("Owner")
("Contractor")
And the Contractor:
For the following Project:
Card Sound Road Bridges Rehabilitation Project
Monroe County, Florida ("Project")
Scope: The Scope of Work consists ofthe repair of five bridges on Card Sound Road:
Bridge 904980-Steamboat Creek; Bridge 904982- Tubby's Creek; Bridge 904984-Mosquito
Creek; 904986-Saunder's Creek; Bridge 904990-Card Sound Bridge, and other related
construction as shown on the Drawings and included in the Technical Specifications.
Oversight for Owner:
County Engineer, Monroe County
] ] 00 Simonton Street
Second Floor- Room 2-2]6
Key West, Florida 33040
Drawings and Specification
Provided by:
Kissinger Campo & Associates Corp.
P.O. Box 2526]
Tampa, FL 33622-526] (Engineer)
Construction Engineer Inspector:
Parsons Brinckerhoff Construction Services
5405 W. Cypress Street, Suite 203
Tampa, Florida 33607 ("CE]")
The Owner and Contractor agree as set forth below.
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STANDARDFDRMOF AGREEMENfBEIWEENOWNERANDCDNIRACIDR
00500- I
. Card Sound Road Bridges Rehabilitation Proiect
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Insurance Requirements and
Documents, Milestone Schedule, Bid Documents and Contractor's Bid, Addenda issued prior to
execution of this Agreement, other documents listed in this Agreement and Modifications issued
after execution of this Agreement. These form the Contract, and are as fully a part of the
Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral.
ARTICLE 2
The Work ofthis Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
The contrac:t constitutes the entire and exclusive agreement between the Owner and the
Contractor with reference to the Card Sound Road Bridges Rehabilitation Project.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is
measured, ,md shall be the date of this Agreement, as first written above, unless a different date
is stated below or provision is made for the date to be fixed in a notice to proceed issued by the
Owner as stated in Section 00350, milestone schedule. Unless the date of commencement is
established by a notice to proceed issued by the Owner, the Contractor shall notifY the Owner, in
writing not less than five days before commencing the Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
Three Hundred Sixty (360) Days after the Date of Commencement, subject to adjustments of the
Contract Time as provided by the Contract Document
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STANDARDFORM OF AGREEMENfBEIWEENOWNERANDCONIRACIDR
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Card Sound Road Bridges Rehabilitation Proiect
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by
all approved extension in time as set forth by the Owner's signature of approval on the
Certificate of Substantial Completion. The liquidated damages table below shall be utilized to
determine the amount ofliquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-$99,999.00
$100,000.00-499,999.00
$500,000.0 and Up
FIRST
IS DAYS
$50.00/DA Y
100.00/DA Y
200.00/DA Y
500.00IDA Y
SECOND
IS DAYS
$lOO.OOIDA Y
200.00IDA Y
500.00IDA Y
I ,OOO.OOIDA Y
31S1 DAY &
THEREAFTER
$250.00IDA Y
750.00/DA Y
2,OOO.OO/DA Y
3,500.00/DAY
The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall
be an extension of time on the Contract.
Balance of Page Intentionally Left Blank
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STANDARDFDRMOF AGREEMENTBEIWEENOWNERANDmNIRACIDR
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Card Sound Road Bridges Rehabilitation Proiect
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract, for Card Sound Road Bridges Rehabilitation Project the Contract Sum of Four
million eieht hundred eiehtv-eieht thousand nine hundred forty and 10/100...... dollars
($4.888.940.10), subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the toll owing alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None
4.3
Unit prices, if any, are as follows:
As specified in Section 00110 (Bid Proposal).
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and
upon Project Applications and Certificates for Payment, the Owner shall make progress
payments on account of the Contract Sum to the contractor as provided below and elsewhere in
the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending
on the last day of the month.
5.3 County shall pay pursuant to the Prompt Payment Act.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared in such
form and supported by such data to substantiate its accuracy as the Owner may require. This
schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application tor Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by the share
of the total Contract Sum allocated to that portion ofthe Work in the Schedule of Values, less
retainage ofTen percent (10%). Pending final determination of cost to the Owner of changes in
the Work, amounts not in dispute may be included in applications for Payment. The amount of
credit to be allowed by the Contractor to the Owner for a deletion or change which results in a
net decreas,~ in the Contract Sum shall be actual net cost as confirmed by the Owner. When both
additions and credits covering related Work or substitutions are involved in a change the
1 !J27J(X)
SfANDARDFORMOF AGREEMENTBETWEENOWNERANDCONIRACIDR
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Card Sound Road Bridges Rehabilitation Proiect
allowance for overhead and profit shall be figured on the basis of net increase, if any, with
respect to that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a location
agreed upon in writing), less retainage ofTen percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for
Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninetv percent (90%) of the Contract Sum, less such amounts as the Owner
recommends and determines for incomplete Work and unsettled claims; and
5.7.2 Add, iftinal completion of the Work is thereafter materially delayed through no fault of
the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the
General Conditions.
5.8 Reduction or limitation of retainage, if any, shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance ofthe Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work as provided in
Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which
necessarily survive final payment: and (2) a final Project Certificate for Payment has been issued
by the Construction Engineer Inspector, (CEI): such final payment shall be made by the Owner
not more than 20 days after the issuance of the final Project Certificate for Payment.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
7.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Florida
Prompt Payment Act.
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SfANDARDFORMOF AGRffiMENTBEIWEENOWNERANDCONIRACTDR
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Card Sound Road Bridges Rehabilitation Proiect
7.3 Temporary facilities and services:
As listed in the Table of Contents, section 00001 of the Project Manual.
7.4 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period 01'36 months from the date of being placed on the convicted
vendor list.
7.6 The following items are part ofthis contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the County or Clerk determines that monies paid
to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03; FS, running from the date the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the County and Contractor agree that venue
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations
of the terms or a term of this agreement by or between any of them the issue shall be submitted
to mediation prior to the institution of any other administrative or legal proceeding.
c) Severability: If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Contractor agree to reform the Agreement to replace
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Card Sound Road Bridges Rehabilitation Proiect
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
d) Attorney's Fees and Costs: The County and Contractor agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out -of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
e) Binding Effect: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
t) Authority: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
g) Claims for Federal or State Aid: Contractor and County agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
h) Nondiscrimination: County and Contractor agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. County or Contractor agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss.1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
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Card Sound Road Bridges Rehabilitation Proiect
i) Covenant of No Interest: County and Contractor covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
j) Code of Ethics: County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
k) No Solicitation/Payment: The County and Contractor warrant that, in respect to
itself: it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation ofthe provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
I) Public Access: The County and Contractor shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the County and Contractor in conjunction with this Agreement; and the County shall have the
right to unilaterally cancel this Agreement upon violation of this provision by Contractor.
m) Non-Waiver of Immunity: Notwithstanding he provisions of Sec. 768.28,
Florida Statutes, the participation of the County and the Contractor in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
n) Privileges and Immunities: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules, pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the perfomlance may be ofTered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
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Card Sound Road Bridges Rehabilitation Proiect
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
p) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
County and the Contractor agree that neither the County nor the Contractor or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
q) Attestations: Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
r) No Personal Liability: No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason ofthe execution of this Agreement.
s) Execution in Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any ofthe parties hereto may execute this Agreement
by signing any such counterpart.
t) Section Headings: Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
u) Special Conditions, if any are detailed in Section 01000 of the Project Manual
for this Project.
v) Hold Harmless: The Contractor covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners from any and all claims for bodily
injury (including death), personal injury, and property damage (including property owned by
Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise
out of, in connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor or its Subcontractor(s) in any tier, their employees, or agents.
In the event the completion of the project (including the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
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STANDARDFDRMOF AGREEMENTBEIWEEN OWNERANDCONIRACIDR
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Card Sound Road Bridges Rehabilitation Proiect
The extent ofliability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
w) ADJUDICATION OF DISPUTES OR DISAGREEMENTS: The Owner and
Contractor agree that all disputes and disagreement shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Conunissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of
Paragraph X concerning cancellation.
x) CANCELLATION: In the event that the Contractor shall be found to be negligent in
any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to
terminate this agreement after five days written notification to the Contractor.
y) COOPERATION: In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. County and Contractor specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14
ofthe General Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General
Conditions..
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: See Article I
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated August 2006, and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
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Card Sound Road Bridges Rehabilitation Proiect
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Project Manual dated August 2006. and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph
9.1.3, and are as follows:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different
date is shown below:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
Contract Drawings.
9.1.6 The Addenda, if any, are as follows:
Number
1
2
3
4
Date
October 6, 2006
October 10, 2006
October 27,2006
October 30, 2006
Pages
I
3
1
1
Portions of Addenda relating to bidding requirements are not part ofthe Contract Documents
unless the bidding requirements are also enumerated in this Article 9.
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Card Sound Road Bridges Rehabilitation Proiect
Bidder's Insurance Statement
The Insurance requirements are set forth in Section 00900 ofthe project manual as follows:
Insurance Reauirement
Limits
Worker's Compensation
Statutory Limits
Employer's Liability
WC4
WCUSLH
WCJA
$5,000,000/$5,000,000/$5,000,000
Same as Employers Liability
Same as Employers Liability
General Liability
GL5
$10,000,000 Combined Single Limit
GLXCU
*Required Endorsement
Underground, Explosion and Collapse
(XCU)
Vehicle Liability
(Owned, hired and
Non- owned Vehicles)
VL4
$5,000,000 Combined Single Limit
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all these requirements.
All insurers shall have an AM. Best rating of VI or better and shall be licensed to do business in the state
of Florida.
tbflsl1tL 1lke-.tlJr 4A167f!.dJOoA)J;'/d
~~
Date
Name of Business
9.1.7 Other documents, if any, forming part of the contract Documents are as follows:
Monroe County Bid Form in Section 00110.
See Article 1.
8I23Al6
STANDARD FORM OF AGREEMENfBEIWEENOWNERANDmNIRACIDR
oosoo. 12
Card Sound Road Bridges Rehabilitation Proiect
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~c.~
Deputy Clerk
Date 1.;)-
By ~JC}~
Mayor/Chairman
By:
(SEAL) CONTRACTOR
Attest:
By: By:
Title: ~, [ IiES/De/Jr
Title:
#r.5/l>e/Jr
END OF SECTION 00500
MONROE COUNTY ATTORNEY
APPR VEO AS. TO FORM:
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11127iC6
STANDARD FORM OF AGREEMENTBEIWEENOWNERANDCDNIRACIDR
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THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A312
Performance Bond
BOND NO.SU1002395
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Coastal Marine Construction, Inc.
625 N. Tamiami Trail
Venice, FL 34285-6023
OWNER (Name and Address):
Monroe County Board of County Commissioners
1100 Simonton Street, Suite 2-216
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: December 20, 2006
Amount: ($ 4,888,940.10 four Million Eight Hundred Eighty Eight Thousand Nine Hundred Forty DoIlers end 10/100001lars
Description (Name and Locatlon):Card Sound Road Bridges Rehabilitation Project
SURETY (Name and Principal Place of Business):
Arch Insurance Company
2701 N. Rocky Point Drive, #980
Tampa, FL 33607
SURETY
Company: (Corporate Seal)
Arch Insurance Company 813-371-3314
Signature: ""-.1J)liJl~ l(lRJL(}t~
Name and Title:
Teresa Weaver ,Allomey.ln-F""t
Fl Licensed Resident Agent
Signature:
Name and Title: 'Doo;/I.l):J: I-o<jQn_
(Any additional signatures appear on page 3)
(FOR INFORMATION ONL Yo-Name, Address end Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
Wachovia Insurance Services, Inc. or other party):
County Engineer, Monroe County
o Simonton Street, 2nd Floor - Room 2-216
/.!,)fane
~/ est, FL 33040
cotP(lllA1' ~.
C,lI liAL _5
~ 1911 ~
4600 W Cypress St., Suite 200
Tampa, FL 33607
813-287-1936
A312.1984 1
AlA DOCUMENT A312 . PERFORMANCE BOND ANO PAYlIIENT BON DIG~
THE AMERICAN iNSTITUTE OF ARCHITECTS 1735 NEW YORK AVE NW
THIRD PRINTING. MARCH 1967
1 The Contractor and the Surety, jointly and severEllly, bind
themselves, their heirs, executors, administrators, successors and
assigns to the Owner for the performance of the Construction
Con bact, wl1Jch is incorporated herein by reference.
2 If 1I1e Contractor performs tI",e Construction Contract, the
Surety and the Contractor shall have no obligation under thIs Bond,
AXOOl1t to participate in C"..onferences as provided 1n Subparagraph
3.1.
3 If there is no Ol"mer Default, the Surety's obligation under thIs
Bond shaH arise after:
3,1 The Owner has notified the Contractor and the Surety at
its address described in Paragraph 10 below that the Owner is
considering declaring a Contractor Default and has requested
and I:Itlempted to arrange i::l: coni~renoo with the Contractor and
the Surety to be held not later than fifteen days after receipt of
sum notice to discuss methods of performing the Construction
Contract. If the Owner, the Contractor and the Surety agree,
the Contractor shaJi he allowed a reason-able lime to perform
the Construction Contract, but such an agreement shall not
waive the Owner's right, if any, subsequently to declare a
Contractor Default: and
3.2 The Owner has declared a Centraclor Default and
formally terminated the Contractor's right to complete the
contract. Such Contractor Default shall not be declared earlier
than twenty days after the Contractor and the Surety have
received notice as provided In Sub-paragraph 3.1; and
3.3 The owner has agreed to pay the Balance of the
Contract Price to the Surety In ar..c:ordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract In accordance with the tarms of the
confract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3,
the Surety shalt promptfy and at the Surety's expense lake one of
the following actions:
4.1 hrange for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction
Contract itself, through its agents or through Independent
contractors; or
4.3 Obtain bids or negoliated proposals from qualified
contractors acceptable to the Owner for a contract for
pertorrnanca and completion of lhe Construction Contract,
arrange for a contract to be prepared for execution by the
Owner and the contractor selecled with Ihe Owner's
concurrence, to be secured with perlormance and payment
bonds executed by a Qualified surety equivalent to the bonds
issued on the Construction Contract, and pay to the Owner
the amount of damages as described in Paragraph 6 in ex-
cess c,f the Balance of the Contract Price Incurred by the
Owner resulting frem the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for
(completion, Of obtain a new contractor and with reasonable
promptness under the circumstance5;
.1 After Investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, tender
payment therefor to the Owner, or
.2 Deny liability ln whole or in part and notify the CNJner
clung reaSons therefor.
5 If the Sllr~ty does not proceed as provided in Para.graph 4 with
reasonable promptness, the Surety shall be deemed to be in
default on this Bond tlfteen days after receipt of an additional
written notice from the Owner to the Surety demanding that the
Surety perform its obligations under this Bond, and the O\M1sr
shall be entilled to enforce any remedy available to the Owner. If
the Surety proceeds as provided in Subparagraph 4.4, and t.'1e
Owner refusBs the payment tendered or the Surety has denied
liability, In whole or In part, without further notice 1I1e Owner shat!
be enlitl~d tu enforce any r~l1ledy C!vailable to the Owner.
6 After the Owner has terminated the Contractor's right to
complete tile Construction Contract, and if the Surely elects to act
under Subparagraph 4.1. 4.2, or 4.3 above. then the
responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the
responsibilities of tho Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract. To the limit of
the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and
damages on the Construction Contract. the Surety is obligated
without duplication for:
6.1 The responsibilities of the Conlractnr for correction of
defective work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs
resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or If no liquidated damages are
specified In the Constructlon Contract, actual damages caused
by delayed pertormance or non-performance of the Contractor.
7 The Surety shall not be liable to tn. Owner or others for
obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price Shall not be
reduced or set off on account of any such unrelal:&d obligations.
No right of action shall accrue on this Bond to any person or entity
olher than the Owner or its heirs, exeoutors, administrators or
successors.
8 The Surety hereby waives notice of any change. including
Changes of time, 10 the Construction Contract or to related
subcontracls, purchase orders and other obligations.
9 Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in
WhiCh the work or part of the work is located and shaH be instituted
within two years after Contractor Default or within two ~ears aftar
the Contractor ceased working or within two years after the Surety
refuses 01 fails to perform its obligations under this Bond,
whichever occurs first. If the provi-9ions of this Paragraph arc void
or prohibited by law, the minimum period of limitation avail-
AlA DOCUMENT A312 . P=RF6RWAN-C~ BON-OA~AENT -B~ONO ~ DECEMBER 1984 ED. . AJA ~
THE AMERICAN INSTITUTE OF ARCHlTEC1S 173fi NEW YORK AVE. N.W. WASHINGTON, D.C. 20006
THIRD PRlf~TING. MARCH 1937
A312-1984 2
able to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be
mailed or delivered to the address shown on the signature page.
tractor of any amounts received or to be received by the
Owner in settlement of insurance or other claims for
damages to which the Contractor Is entitled, reduced by all
valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
11 When this Bond has been furnished to comply with a statutory
or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted
herefrom and provisions conforming to such statutory or other legal
requirement shall be deemed incorporated herein. The intent Is that
this Bond shall be construed as a statutory bond and not as a
common law bond.
12.2 Construction Contract: The agreement betw"een the
Owner and the Contractor identified on the signature page,
including all Contract Documents and changes thereto.
12 DEFINITIONS
12.3 Contractor Default: Failure of the Contractor, which
has neither been remedied nor waived, to perform or
otherwise to comply with the terms of the Construction
Contract.
12.1 Balance of the Contract Price: The total amount payable
by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made,
including allowance to the Con-
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
MODlFtCATtONS TO THtS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCiPAL
Company:
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AlA DOCUMENT A312.. PERFORMANCE BOND AND PAYMENT BOND.. DECEMBER 1984 ED. .. AlA Q!;i
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON. D_C. 20006
THIRD PRINTING. MARCH 1987
A312.1984 3
FRONT PAGE
Attached to and part of Bond No. SUI002395
In compliance with Florida Statute Chapter 255.05 (1)(a), Public Work.
All other Bond Page(s) are deemed subsequent to this page regardless of any page
number (s) that may be pre-printed thereon.
Contractor N ante:
Coastal Marine Construction, Inc.
Contractor Address:
625 N Tamiami Trail
Venice, FL 34292
Contractor Phone No.:
941-485-2101
Surety Company:
Arch Insurance Company
Surety Address:
2701 N. Rocky Point Drive, #980
Tampa, FL 33607
Surety Phone No.:
813-371-3307
Owner Name:
Monroe County Board of County Commissioners
Owner Address:
1100 Simonton Street, Suite 2-216
Key West, FL 33040
Owner Phone No.:
305-295-4329
Obligee Name: N/A
(If contracting entity II dlll'erent frOnt the owner, the contracting public entity)
Obligee Address: N/A
Obligee Phone No.:
N/A
Bond Amount:
$4,888,940.10
N/A
Contract No. (if applicable)
Description of Work:
Card Sound Road Bridges Rehabilitation Project
Project Location
Monroe County, FL
Legal Description
NA
THE AMERICAN INSTITUTE OF ARCHITECTS
THE FRONT PAGE IS A'ITACHED HERETO AND MADE APART HEREOF
AlA Document A312
Payment Bond
BOND NO. SU1002395
Any singular reference to Contractor, Surety, Owner or other party shail be considered plural where applicable,
CONTRACTOR (Name and Address):
Coastal Marine Construction, Inc.
625 N. Tamiami Trail
Venice, FL 34285-6023
OWNER (Name and Address):
Monroe County Board of County Commissioners
1100 Simonton Street, Suite 2-216
Key West, FL 33040
CONSTRUCTION CONTRACT
Date: December 20, 2006
Amount: ($ 4,888,940.10 ) Four Million Eight Hundred Eighty Eight Thousand Nine Hundred Forty Dollars and 10/100
Description (Name and Location): Card Sound Road Bridges Rehabilitation Project
SURETY (Name and Principal Place of Business):
Arch Insurance Company
2701 N. Rocky Point Drive, #980
Tampa, FL 33607
Dollars
Signature:
Name and Title:
CONTRACTOR AS PRINCIPA
(Corporate Seal)
813-371-3314
Signature: ',,- UV4~ lU..J () lHfL
Name and Title:
Teresa Weaver ,Attarney-:n.Fact
FL Licensed Residant Agent
(Any additional signatures appear on page 6)
(FOR INFORMA TION ONL V-Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer
Wachovia Insurance Services, Inc. or other party):
4600 W Cypress St., Suite 200
Tampa, FL 33607
813-287-1936
County Engineer, Monroe County
.....c 0 Simonton Street, 2nd Floor- Room 2-216
~ est, FL 33040
'0
J
AlA DOCUMENTA312 . PERFORMANCE BOND AND PAYMENT BOND . R 1984 EO.. AlAe
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW VORK AVE. NW. WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 4
1 The Contractor and the Surety, jointly and severally, bind
themselves, their heirs, executors, administrators. successors and
assigns to the Owner to pay for labor, materials and equipment
furnIshed for use in the performance of the Construction Contract,
which is incorporated herein by reference.
2 With respect to the Owner, this obligalion ahall be null and void if
the Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums
due Claimants, and
2.2 Defends, Indemnifies and holds hannless the OWner from
claims, demands, Hens or suits by any person or entity whose
claim, demand, lien or suit is for Ihe payment for labor. materials
or equipment furnished for use in the perforrnance of the
Construction Contrac~ provided tho Owner has promptly notified
the Contractor and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits and
tendered defense of such claims, demands, liens or suits to the
Contractor and the Surety, and provided there is no Owner
Default.
3 With respect to Claimants, this obligation shall be null and void
If the Contractor promptly makes payment, directly or indirectly, for
all sums due.
4 The Surety shall have no obligation to Claimants under this
Bond until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor haw given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notfce thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy. the amount of the claim.
4.2 Clalmants who do not have a direct contract with the
Contractor:
.1 Have furnished written notlce to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after having
last performed labor or last fumi~hed materials or equipment
included in the claim stating, with substantial accuracy. the
amount of the claim and the name of the party to whom the
materials were furnished or supplied or for whom the labor was
done or parfonned; and '
.2 Have either received a rejection in whole or in part from the
Contractor, or not received Within 30 days of furnishing the
above notlca any communication from the Conlractor by which
the Contractor has Indicated the claim will be paid directly or
Indirectly: and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, t<> the Owner,
stating that 3 claim is being made under this Bond and enclosing
a copy of the previous written notice furnished to the Contractor.
5 If 8 notice required by Paragraph 4 Is given by the Owner to the
Contraclor or to the Surety, that is sufficient compliance.
6 When the Claimant has satisfied the conditions of Paragraph 4,
the Surety shall promptly and at the Surety's expense take the
following actions:
6.1 Send an answer to the Claimant, with a copy to the
Owner, within 45 days after receipt of the claim, stating the
amounts that are undisputed and the basis for Challenging any
amounts that are disputed.
6.2 Payor arrange for payment of any undisputed amount.cs.
7 The Surety's lotal obligation shall not exceed the amount of this
Bond. and the amount af this Bond shan be credited for any
payments made In good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the
Construction Contr.!lct shall be used for the performance of the
Construction Contract and to satisfy claims, jf any, under any
Construction Performance Bond. By the Contractor fumishing and
the Owner accepUng this Bond. they agree that all funds earned by
the Contractor in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and the Surety
under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others
for obligations of the Contractor that. are unrelated to the
Construction Contract. The Owner shall not be liable for payment
of any costs or expenses of any Claimant under this Bond, and
shan have under this Bond no obligations to make payments to,
give notices on behalf of. or otherwise have obligations to
Claimants under thIs Bond.
10 The Surety hereby waives notice of any change, Including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other oblIgations.
11 No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the location
in which the work or part of the work is located or after the
expiration of one year from the date (1) an which the Claimant
gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or
(2) on which the last labor Of service was performed by anyone or
the last materials or equipment were furnished by anyone under
the ConstnJcllon Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law. the
minimum period of iimltation available to sureties as a defense in
the jurisdiction of the suit shall be applicable.
12 Notice to the Surely, the o.",er or the Contractor shall be
mailed or delivered to the address shown an the signature page.
Actual receipt of notIce by Surety, the Owner or the Contractor,
however accomplished, shall be sufficient compliance as of the
date received at the address shown on the signature page.
13 When this Bond has been fumished to comply with a statutory
or other legal requirement in the location where the construction
was to be performed, any provision in this Bond conflicting with
said ctatutory or legal requirement Shall be oeemed delttreu
here from and proVisions conforming to such statutory or other
legal requirement shall be deemed incorporated herein. The intent
is that this
AlA DOCUMENi A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AJA ~
THE,/\fo..tERICAN INSTlruTE OF ARCHITECTS 1735 NEW YORK AVE. NW, WASHINGTON. D.C, 20006
THIRD PRINTING. MARCH 198-'
A312-1984 5
Bond shall be construed as a statutory bond and not as a common
law bond.
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all
other items for which a mechanic's lien may be asserted in
the jurisdiction where the labor, materials or equipment
were furnished.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall prompUy
furnish a copy of this Bond or shall permit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor
to furnish labor, materials or equipment for use in the
performance of the Contract. The intent of this Bond shall be
to include without limitation in the terms "labor, materials or
equipment" that part of water. gas, power, light, heat, oil,
gasoline, telephone service or rental equipment used in the
15.2 Construction Contract: The agreement between the
Owner and the Contractor idenUfied on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Contractor as
required by the Construction Contract or to perform and
complete or comply with the other terms thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 FLORIDA STATUTES, AND ANY ACTION
INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH
THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2}, FLORIDA STATUTES.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL
Company:
SURETY
(Corporate Seal) Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED, . AlA (I!l
THE AMERICAN INSTITUTE OF ARCHITECTS 1735 NEW YORK AVE. N.W. WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 6
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
John R. Neu, Diane Sidebothom, Carol Hermes and Teresa Weaver of Tampa, FL (EACH)
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 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.
00ML0013 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 6th day of October ,2006
Arch Insurance Company
Attested and Certified
J" /, .. J
/.t I i //
/ ,/".. '1/(
;' fl..','> 'III, I
;: 0ttrlk(f~".-
"Martin J. Ni(sen, Secretary
~/
~##d '.--;Lj
'ward M. Titus, ~ President
STATE OF NEW YORK SS
COUNTY OF NEW YORK SS
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.
CERTIFICATION
PETER J. CALLEO. ESQ,
Notary Public. State of New Yvrk
No.02CA6109336
Ql'oJlfled In New York County
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.
I N TESTIMONY WHEREOF, I have hereunto subscribed my name and affilS'ld the corpora.\p seal of the Arch Insurance
Company on this 4th day of January ,20...91.-. .'& I,' i.,.'2( .
f',/'{(,;,.t;;',l')'. 'tk/---
? 17"
Martin J/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 1500
Philadelphia, PA 19102
OOML0013 00 03 03
Page 2 of 2
Printed in U.S.A.