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HomeMy WebLinkAbouthigh fac contr a-20150709160624.pdf Bond Number S441003 THE MAIN STREET AMERICA GROUP NGM Insurance Company•Old Dominion Insurance Company Main Street America Assurance Company•MSA Insurance Company Information Systems and Services Corporation Performance Bond Any singular reference to Contractor Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): Surety(Name and Principal Place of Business) Shisler Electrical Contractor, Inc. NGM Insurance Company 408 Second Street 55 West Street Ithaca, NY 14850 Keene, NH 03431 OWNER(Name and Address): Town of Enfield 168 Enfield Main Road Ithaca, NY 14850 CONSTRUCTION CONTRACT Date:April 8, 2011' Amount: $108,660.00 Description (Name and Location): Contract#4- Electrical Project-Proposed Highway Garage,475 Enfield Main Road, State Rt 327, Ithaca, NY 14850 BOND Date (Not earlier than Construction Contract Date): April 8,2011 Amount: $108,660.00 Modifications to this Bond: E None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: - irC`orprte Seal) Shisler Electrical Contractor, Inc. NGM Insurance Company Signature: ��� Signature: 0&K �—' Name: Lloyd Shisfi5r Name: Debbie Kippola and Title: President and Title: Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Olver&Associates, Inc. other party): 414 E. Upland Road, Suite C Ithaca, NY 14850 Printed in cooperation with the American Institute of Architects(AIA)by the NGM Insurance Company.The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition,third printing, March, 1987. 68-5301 (05/2006) Page 1 of 6 1 The.,,Contractor and the Surety, jointly and severally, ragraph 6 in excess of the Balance of the Contract bind themselves, their heirs, executors, administrators, Price incurred by the Owner resulting from the Con- successors and assigns 'to the Owner for the perfor- tractor's default; or mance of the Construction Contract, which is incorpo- 4.4 Waive its right to perform and complete, arrange rated herein by reference.il for completion, or obtain'a new contractor and with 2 If the Contractor performs the Construction Contract, reasonable promptness under the circumstances: the Surety and the Contractor shall have no obligation 1 After`investigation, determine the amount for under this Bond, except to participate in conferences as which it may be liable to the Owner and, as soon provided in Subparagraph;3.1. as practicable after the amount is determined, 3 If there is no Owner Default, the Surety's obligation tender payment therefor to the Owner; or under this Bond shall arise after: .2 Deny liability in whole or in part and notify the 3.1 The Owner has notified the Contractor and the Owner citing reasons therefor. Surety at its address described in Paragraph 10'be- 5 If the Surety does not proceed as provided in Para- low that the Owner is considering declaring a Con- graph 4 with reasonable promptness, the Surety shall be tractor Default and has requested and attempted to deemed to be in default on this Bond fifteen days after arrange a conference with the Contractor and the receipt of an additional written notice from the Owner to Surety to be held not later than fifteen days after re- the Surety demanding that the Surety perform its obliga- ceipt of such notice to discuss methods of perform- tions under this Bond, and the Owner shall be entitled to ing the Construction Contract. If the Owner, the Con- enforce any remedy available to the Owner. If the Surety tractor and the Surety-agree, the Contractor shall be proceeds as provided in Subparagraph 4.4, and the allowed a reasonable f,,time to perform the 'Construc- Owner refuses the payment tendered or the Surety has tion Contract, but such an agreement shall not waive denied liability, in whole or in part, without further notice the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy-avail- Contractor Default; and able to the Owner. 3.2 The Owner has declared a Contractor Default 6 After the Owner has terminated the Contractor's right and formally terminated the Contractor's right to to complete the Construction Contract, and if the Surety complete the contract. Such Contractor Default shall elects to act under Subparagraph 4.1, 4.2,-or 4.3 above, not be declared earlier than twenty days after the e then the responsibilities of the Surety to the Owner shall Contractor and the Surety have received notice..'as not be greater than those of the Contractor under the provided in Subparagraph 3.1; and Construction Contract, and the responsibilities of the 3.3 The Owner has agreed to pay the Balance of the Owner to the Surety shall not be greater than those of Contract Price to the'Surety in accordance with the the Owner under the Construction Contract. To the limit terms of the Construction Contract or to a contractor of the amount of this Bond, but subject to commitment selected to perform the Construction Contract in ac- by the Owner of the Balance of the Contract Price to mi- cordance with the terms of the contract with the tigation of costs and damages on the Construction Con- Owner. tract, the Surety is obligated without duplication for: 4 When the Owner has satisfied the conditions of Para- 6.1 The responsibilities of the Contractor for correc- graph 3, the Surety shall promptly and at the Surety's tion of defective work and completion of the Con- expense take one of the following actions: struction Contract; 4.1 Arrange for the Contractor. with consent of the 6.2 Additional legal, design professional and delay Owner, to perform and complete the Construction costs resulting from the Contractor's Default, and re- Contract; or sulting from the actions or failure to act of the Surety 4.2 Undertake to perform and complete the Con- under Paragraph 4 and struction Contract itself, through its agents or 6.3 Liquidated damages, or if no liquidated damages through independent contractors;or are specified in the Construction Contract, actual 4.3 Obtain bids or negotiated proposals from quali- damages caused by delayed performance or non- fied contractors acceptable to the Owner for a con- performance of the Contractor. tract for performance and completion of the Con- 7 The Surety shall not be liable to the Owner or others struction Contract, arrange for a contract to be pre- for obligations of the Contractor that are unrelated to the pared for execution by the Owner and the contractor Construction Contract,`and the Balance of the Contract selected with the Owner's concurrence, to be se- Price shall not be reduced or set off on account of any cured with performance and payment bonds ex- such unrelated obligations. No right of action shall ac- ecuted by a qualified surety equivalent to the bonds crue on this Bond to any person or entity other than the issued on the Construction Contract, and pay to the Owner or its heirs, executors, administrators or succes- Owner the amount of damages as described in Pa sors. Printed in cooperation with the American Institute of Architects(AIA)by the NGM Insurance Company.The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition,third printing, March, 1987. 68-5301 (05/2006) Page 2 of 6 8 The.Surety hereby waives notice of any change, in- 12 DEFINITIONS cluding changes of time,to the Construction Contract or 12.1 Balance of the Contract Price: The total amount to related subcontracts, purchase orders and other obli- payable by the Owner to the Contractor under the gations. Construction Contract after all :proper adjustments 9 Any proceeding, legal or equitable, under this Bond have been made, including allowance to the Con- may be instituted in any court of competent jurisdiction in tractor of any amounts received or to be received by the location in which the work or part of the work,is to the Owner in settlement of insurance or other claims cated and shall be instituted within two years after Con- for damages to which the Contractor is entitled, re- tractor Default or within two years after the Contractor duced by all valid and proper payments made to or ceased working or within two years after the Surety re- on behalf of the Contractor under the Construction fuses or fails to perform its obligation under this Bond, Contract. whichever occurs first. If the provisions of this Paragraph 12.2 Construction Contract: The agreement between are void or prohibited by law, the minimum period of,limi- the Owner and the Contractor identified on the sig- tation available to sureties as a defense in the jurisdic- nature page, including all Contract Documents and tion of the suit shall be applicable. changes thereto. 10 Notice to the Surety, the Owner or the Contractor 12.3 Contractor Default: Failure of the Contractor, shall be mailed or delivered to the address shown on the which has neither been remedied nor waived,to per- signature page. form or otherwise to comply with the terms of the 11 When this Bond has been furnished to comply with a Construction Contract. statutory or other legal requirement in the location where- 12.4 Owner Default: Failure of the Owner, which has the construction was to be performed, any provision in neither been remedied nor waived, to pay the Con- this Bond conflicting with said statutory or legal require- tractor as required by the Construction Contract or to ment shaft be deemed deleted herefrom and provisions perform and complete or comply with the other terms conforming to such statutory or other legal requirement thereof. 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. MODIFICATIONS TO THIS 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 SURETY Company: (Corporate Seal) Company: (Corporate Seal) NGM Insurance Company Signature, Signature: Name: Name: and Title: and Title: Attorney-in-Fact Printed in cooperation with the American Institute of Architects(AIA)by the NGM Insurance Company.The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition,third printing, March, 1987. 68-5301 (05/2006) Page 3 of 6 THE MAIN STREET AMERICA GROUP Bond Number. S441003 NGM Insurance Company•Old Dominion Insurance Company Main Street America Assurance Company•MSA Insurance Company Information'Systems and Services Corporation Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable'. CONTRACTOR (Name and Address): Surety(Name and Principal Place of Business) Shisler Electrical Contractor, Inc., 408 Second Street NGM Insurance Company Ithaca, NY 14850 55 West Street Keene, NH 03431 OWNER(Name and Address): Town of Enfield 168 Enfield Main Road Ithaca,NY 14850 CONSTRUCTION CONTRACT Date:April 8,2011 Amount: $108,660.00 Description (Name and Location) Contract#4 -Electrical Project-Proposed Highway Garage,475 Enfield Main Road, State Rt 327, Ithaca, NY 14850 BOND Date (Not earlier than Construction Contract Date): April 8,2011 Amount: $108,660.00 Modifications to this Bond: M None ® See Page 6 CONTRACTOR AS PRINCIPAL SURETY - Company: (Corporate Seal) Company: (Corporate'Seal) Shisler Electrical Contractor, Inc. NGM Insurance Company i Signature: .:��_..�—=-����Signature: Name: oyd S Name: Debbie Kippola and Title: President and Title: Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: " OWNER'S REPRESENTATIVE (Architect, Engineer or Olver&Associates, Inc. other party): 414 E. Upland Road, Suite C Ithaca, NY 14850 Printed in cooperation with e American Institute of Architects y the NGM Insurance Company.; a language in thisdocu- ment conforms exactly to the language used in AIA Document A312,December 1984 edition,third printing,March, 1987. 68-5301 (05/2006) Page 4 of 6 1 The Contractor and the Surety, jointly and severally, sent a copy, or notice thereof, to the Owner, bind themselves, their heirs, executors, administrators, stating that a claim is being made under this successors and assigns to the Owner to pay for labor, Bond and enclosing a copy of the previous writ- materials and equipment furnished for use in the perfor- ten notice furnished to the Contractor. mance of the Construction Contract, which is incorpo- 5 If a notice required by Paragraph 4 is given by the rated herein by reference. Owner to the Contractor or to the Surety, that is suffi- 2 With respect to the Owner, this obligation shall be null cient compliance. and void if the Contractor: ' 6 When the Clamant has satisfied the conditions of Pa- 2.1 Promptly makes payment, directly or indirectly, ragraph"4, the Surety shall promptly and at the Surety's for all sums due Claimants,and expense take the following actions 2.2 Defends, indemnifies and holds harmless the 6.1 Send an answer to the Claimant, with a copy to Owner from claims, demands, liens or suits by any the Owner, within 45 days after receipt of the claim, person or entity whose claim, demand, lien or suit is stating the amounts that are undisputed and the ba- for the payment for labor, materials or equipment sis for challenging any amounts that are disputed. furnished for use in the performance of the Con- 6.2 Pay or arrange for payment of any undisputed struction Contract, provided the Owner has promptly amounts. notified the Contractor and the Surety (at the ad- dress described in Paragraph 12) of any claims, 7 The Surety's total obligation shall not exceed the demands, liens or suits and tendered defense of amount of this Bond, and the amount of this Bond shall such claims, demands, liens or suits to the Contrac- be credited for any payments made in good faith by the for and the Surety, and provided there is no Owner Surety. Default. i 8 Amounts owed by the Owner to the Contractor`under 3 With respect to Claimants, this obligation shall be null the Construction Contract shall be used for the perfor- and void if the Contractor promptly makes payment, di mance of the Construction Contract and to satisfy rectly or indirectly, for all sums due. claims, if any, under any Construction Performance 4 The Surety shall have no obligation to Claimants under Bond. By the Contractor furnishing and the Owner ac- this Bond until: cepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction 4.1 Claimants who arez employed by or have a direct Contract are dedicated to satisfy obligations of the Con- contract with the Contractor have given notice to the tractor and the Surety under this Bond, subject to the Surety (at the address described in Paragraph '12) Owner's priority to use the funds for the completion of and sent a copy, or;notice thereof, to the Owner, the work. stating that a claim is; being made under this Bond g The Surety shall not be liable to the Owner, Claimants and, with substantial accuracy, the amount of the or others for obligations of the Contractor that are unre- claim. lated;to the Construction Contract. The Owner shall not 4.2 Claimants who do not have a direct contract with be liable for payment of any costs or expenses of any the Contractor: Claimant under this Bond, and shall have under this .1 Have furnished written notice to the Contrac- Bond no obligations to make payments to, give notices for and sent a copy, or notice thereof, to the on behalf of, or otherwise have obligations to Claimants Owner, within 90 days after having last per- under this Bond. formed labor or" last furnished materials or 10 The Surety hereby waives notice of any change, in equipment included in the claim stating, with eluding changes of time, to the Construction Contract or substantial accuracy, the amount of the claim to related subcontracts, purchase orders and other obli- and the name of the party to whom the materials gations. were furnished or supplied or for whom the labor 11 No suit or action shall be commenced by a Claimant was done or performed;and under this Bond other than in`a court of competent juris- .2 Have either received a rejection in whole or in diction in the location in which the work or part of the part from the Contractor, or not received within work is,located or after the expiration of one year from 30 days of furnishing the above notice any the date (1) on which the Claimant gave the notice re- communication from the Contractor by;which the quired by Subparagraph 4.1 or Clause 4.2.3, or(2)y Contractor has indicated the claim will be paid on which the last labor or service was performed by in- directly or indirectly; and yone or the last materials or equipment were furnished .3 not having been paid within the above 30 by anyone under the Construction Contract, whichever days, have sent a written notice to the Surety (at of (1) or (2) first occurs. If the provisions of this Para the address described in Paragraph 12) and graph are void or prohibited by law, the mini Printed in cooperation with the American Institute of Architects(AIA)by the NGM Insurance Company. The language in this document conforms exactly to the language used in AIA Document A312, December 1984 edition,third printing,March, 1987. 68-5301 (05/2006) Page 5 of 6 mum period of limitation available to sureties as a de- of the Contractor to furnish labor, materials or fense in the jurisdiction of the suit shall be applicable. equipment for use in the performance of the Con- tract. The intent of this Bond shall be to include 12 Notice to the Surety, the Owner or the-Contractor without limitation in the terms ,.labor, materials or shall be mailed or delivered to the address shown on the equipment" that:.part of water, gas,. power, light,; signature page. Actual receipt of notice by Surety, the heat, oil, gasoline, telephone: service or rental' Owner or the Contractor, however accomplished, shall equipment used in the Construction Contract, archi be sufficient compliance as of the date received at the tectural and engineering services required for per address shown on the signature page. formance of the work of the Contractor and the Con-. 13 When this Bond has been furnished to comply with a tractor's subcontractors,and all other items for which statutory or other legal requirement in the location where a mechanic's lien may be asserted in the jurisdiction the construction was to be performed, any provision in where the"labor, materials or equipment were fur- this Bond conflicting with said statutory or legal require- nished. ment shall be deemed deleted herefrom and provisions 15.2 Construction Contract: The agreement between conforming to such statutory or other legal requirement the Owner and the Contractor identified on the sig'- shall be deemed incorporated herein. The intent is that nature page, including all Contract Documents and this Bond shall be construed as a statutory bond and not changes thereto. as a common law bond. 14 Upon request by any person or entity appearing to be 15.3 Owner Default: Failure of the Owner, which has a potential beneficiary of this Bond, the Contractor shall neither been remedied nor waived, to pay the con- promptly furnish a copy of this Bond or shall permit a tractor as required by the Construction Contract or to co to be made. perform and complete or comply with the other terms PY thereof. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety,the Surety shall,with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including,but not limited to,the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall,with reasonable promptness, pay or make arrangements for payment of any undisputed amount;provided, however,that the failure of the Surety to timely dis- charge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to;or right to dispute,such claim. Rather,the Claimant shall have the immediate right,without further no- tice,to bring suit against the Surety to enforce any remedy available to it under this bond. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.): CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) NGM Insurance Company Signature: Signature: Name: Name: and Title: and Title: Attorney-in-Fact Printed in cooperation with the American Institute of Architects (AIA)by the NGM Insurance Company. The language in this docu- ment conforms exactly to thelanguage used in AIA Document A312, December 1984 edition,third printing, March, 1987 68-5301 (05/2006) Page 6 of 6' FOR PRINCIPAL'S USE ONLY (Use Only One) INDIVIDUAL ACKNOWLEDGEMENT Unless a Corporation STATE OF SS COUNTY OF On this day of , before me personally came to me known and known to me to be the person mentioned and described in and who executed the foregoing instrument and daily acknowledged to me the execution of the same. Notary Public CORPORATE ACKNOWLEDGEMENT STATE OF New York ss: COUNTY OF Tompkins On this day of April ,2011 , before me personally came Lloyd Shisler to me known, who, being by me duly sworn, did dispose and say that he/she resides in Tompkins County that he/she is the President of the Shisler Electrical Contractor. Inc. the corporation described in and which executed the above instruments; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like,order. DONNA b,< N1 Public Notary Public, ;state Of - ,- rkins County UUa'" No �47 Term Expires April 30, 20 FOR SURETY USE ONLY SURETY ACKNOWLEDGEMENT STATE OF New York ss: COUNTY OF Tompkins - On this 14th day of April, 2011,' before me personally came Debbie Kippola to me known, who being by me duly sworn, did,depose and say that he/she resides in County, that he/she is the Attorney-in-fact of NGM Insurance Company and the corporation described in and which executed the above instruments; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by other of the Board of Directors of said corporation, and that he/she signed his/her name thereto by like order. Notary Public Cynthia Smalt CYNTHIA SMALT Notary Public,State Of New York No. OI SM6088527 Cualified In Tompkins County Commission Expires March 3.'20,�.21—. 68-1241 S(05/2006) THE MAIN S`T't EEI"AM1=`RICAGROU1' I certify that at the Annual Meeting of the Directors of the NGM Insurance Company duly called and held at Jacksonville, Florida on March 11,2011 ,the following officers were elected and still remain in office: THOMAS M.VAN BERKEL.............CHAIRMAN OF THE BOARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER' EDWARD J. KUHL.... ..... ......... .....EXECUTIVE VICE PRESIDENT, CHIEF FINANCIAL OFFICER&TREASURER DOUGLAS EDEN,ANTONIA M. PORTERFIELD MICHAEL D. LANCASHIRE, STEVEN J PEETERS..............................................SENIOR VICE PRESIDENTS BRUCE FOX ....................................... ASSISTANT VICE PRESIDENT, GENERAL COUNSEL&SECRETARY BRIAN J. BEGGS, DAVID S. MEDVIDOFSKY BARBARA A. PARKER,JOHN THOMPSON............. .............. ...... ...... ............... .....VICE PRESIDENTS RONALD A JAMES ......... ............ ............. .. .................VICE PRESIDENT&CHIEF INFORMATION OFFICER THOMAS FRAZIER.........................................................VICE PRESIDENT&CHIEF INVESTMENT OFFICER EDWARD P. LOTKOWSKI......... ............. .............. ...........VICE PRESIDENT&CHIEF ACTUARY RICHARD SCHULTZ....... ......... ...... .... ............... .......VICE PRESIDENT&CHIEF ACCOUNTING OFFICER CATHERINE PARRISH, DEBRA POSPIEL...............................................................ASSISTANT VICE PRESIDENTS' TIMOTHY O. MUZZEY,DEAN DORMAN ............ ............. .........ASSISTANT VICE PRESIDENTS/ACTUARY TIMOTHY COTTON, CHRISTOPHER COX, MICHAEL GROGAN, DEBORAH`JANSEN, KAREN LAPLANTE,ALICE MOR➢ARTY, JEFFREY PRICE, RONALD PROFAIZER.... ..,... ....... .. ..... .. ......... ................. .ASSISTANT SECRETARIES REGIONAL PRESIDENTS (Appointed) MARK BERGER......................................... ......... ................. .....REGIONAL PRESIDENT, NORTHEAST REGION STEVE BERRY............ ........: .. ...... ......... .............. ...REGIONAL PRESIDENT, NEW ENGLAND REGION GREGG EFFNER................................................................. REGIONAL PRESIDENT,SOUTHEAST REGION HENRY PIPPINS.... .......... .. .. ............ .............. ............... REGIONAL PRESIDENT, MIDWEST REGION I further certify that the following statement of the Company is true as take from the records of said Company as of December 31 2010. ADMITTED ASSETS LIABILITIES Bonds at Amortized Values........ ..........$1,329,163,722 Reserve for Losses.............................................$578,148,100 Stocks at Market Value................ . .........273,424,661 Reserve for Loss Adjustment Expenses................ 104,033,763 First Mortgage Loans. ........'....... .. ........... 1,437,740 Reserve for Unearned Premiums...........................452,249,399 Real Estate........... ................... ... 5,789,098 Reserve for Other Underwriting Expenses .............46,937,492 Cash in Office and Banks..'...: ............. .. ....7,036,055 Reserve for Taxes, Licenses,and Fees... ...............8,240,603 Short Term Investments................................. 17,380,183 Loss Drafts in Transit............................................... 18,005,703 Agent's Balance(Less than 90 Days).........216,869,816 Other Liabilities .......................................................40,794,029 Accrued Interest.......... . ..... ._.. ...... ........ 13,882,508 Total Liabilities.................................................... 1,248,409,089 Other Assets................ . . ...` ................... 145,425,685 ` Policyholders'Surplus............................................762,000,379 TOTAL ADMITTED ASSETS...............$2,010,409,468 TOTAL.. ................. ......... ........ . .........$2,010,409,468 Securities as deposited by law, included above=$8,504,940 1 further certify that the following is true and exact excerpt from Article IV, Section 2 of the By-Laws of NGM Insurance Company which is still valid and existing. "The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys-in-fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, 'bonds, recognizances, contracts of'.indemnity or writings`obligatory in the nature of a bond, recognizance or conditional undertaking,;and to remove any such attorneys-in-fact at any time and revoke the power and authority given to them." Subscribed'and Sworn to IN WITNESS THEREOF before me on this 17th day I hereunto subscribe my of March,2011 name and affix the seal of said company this 17th day of March,2011 u 3 U DEG My Commission Expires 68-1191 (3/11) � 3 �» s ; , U,1, i-, ,__. " 1���-� -­.�7 ,­­� .� _ .-- - -,,-� ,_­_­:.: ",'' _,:�­�i_11'11 ,, ­­­­­ .- ­�j�i� ��,_L,.:", -*��,�-:� � " "" A membe[:x'zP lh9 hh in3Slieat Amerjca imup >, F " - - F ,,, y . - _ �^f "i KNC W ALL. ME(�1 BY 7HESE"PRESENT�: That l lVl ll surano Corrlpany,a lorrdarorpc ratron ha n ", , �-,.7ti"*-���_1'�.,l,'-,,�.�­.,-._-;,.�__­�,._�,�,,-,-,�"'-­,..-,,"�5,�,'-�,',,���-,---­�':::�,,.�,_:--"I_�i—,.i_-:-I,��-,.1-:�::�,--,_,­�-,.:1",_,.,-­_;.�.,.-,_,.�_-;�.:1�:_,­�,-_-,,,­"1.'%-.-,i�.i;�* ,�.:�ii:�­I:ii��.!,,..:�..-1,:_,".-�!n,_.�:�_.,�,...,:I"'.�...-,-�.­—Q.�����_-,,.:-'..:��,,.�,�:�-�:."._.-:..j-.-.�_­W.:�._,.��'.,i-,..�.:,.4,--,�:':',.-,:,i:,���iZ�..-&.,�:",-�11111-:.,�.�i�1.,:.-'-----�.:.:s-:,1 P-.�:.,-._�_�-...­,t,,_.-��;��-z,�,,-.�­'�.-�._.,.�,-�­�,�-,,,,,--_- ,-­.1_1..-���..,R,1.1R..�_.:"'`"jY__�"1..�*��,�--�-.�-"",..1�.�-�.�-i,._..,;.._,.'.',,',!��..��..i.��'+�-,--o"'`-"'-.i-,,1".,_-..�,- 111 office iri the Clty of Tacksonvtlle, tate.of Flar da,pursuant fa rtre e ,;Sectrarl cff", . Laws,q sand rxapany, t€r wit: " 4 s'Z 5 v . . "Article I , .Sectron 2 The board of dlrecicrs, the presiden#, andxeeresrden secretary, ar the treasurer shall have.the powet-and autlionty to appontttorneys fact aId to axthorxze them to eeowte on behalf of the campariy end affix the seal cif the oarrlpai}y thereto,bonds,regnMaces, � ntret of . indeinnityr writings oblrgatory rn the nature of a bond,recagnr�ancer canlltonal udertalIng arxd to " rerriove arty such"attorneys in-fact at any Irne and reucrke#lie power and authority green to then " � " does hereby rriake, constitute and appoint Dgl�bie KpoIa,Lisa lYS Qlger l +etl dl - --- --- � s its true-and lawful attorneys rri fact,to.rnake,"€xecute seal axld deltuer for andntts behalf,and a its act and deed, bonds, undertakings,recognrzarices,contracts of rndei Iriity,or other writings obligatory in nature bf aboild s h eett f - following liinitatioia: r J. No one bond_to exceed.Tvo Million Dollars( 2,0OO)OtI©()0 ' and tb bind NGM Insurance Company thereby as fully and to the same extent asf stela zhstnttlrerxtsvre slgnedy ti duly authorised officers of the 1�F rlVI Insurance-Com 4 the acts o sad ey are hereby reed and eo"rtne k This. ovv�r fat orrle is si ed.and sealed b" "facst le under andh the authors c�ftbe lollov uz resalutiop ad 1 p �' ' g � by tlr Directors of NErM Insurance Cortipany i#a meeting defy cared and belrl€�n the grid day of Decornber 1 1 Voted That the signature of any:'officer; authorised by the By Laws aad the crirupany seal tnay be of . facsimile"#o�any pourer of attorney or special power of attorirey;nr .-c' ,rcat�on:of either gt�en far��execcut ozE of Z " any bond undertaking, recagri zance or other writ en obligatiorx the nature thereof,r- ch suture and seal,N.01, , j, 1. so used being hereby ad Pted by the cdnipany as the original signature of such office and the orrgirial seal ai the ? company, o be and and"bindzug aponthe c--- ai y with the sa force e , as pa uaJly axed . iN lhfl TNESS f f8RE I ,, ,I GI insurance arnpa Iy lras causWAhese resents o be d y �arpar and i€s carp ra#e seal#a b"e,64 e i affrxod this 3 st da T- Ia eh, b a N I1�I C eJw - . 4 �ilaui Mc a y z .:, Corp a#e tk#ram f, ,or ec Mate o1 - U.da , - ColliTty Of I UVal ( s ^ �� " Sri"thhiss Match 1, 2Q(l befo"re the sbsenbe. a l�Totry Pa�I� of Safe aflcda air agdoreitniy xf Du dal cctnsuc g and gaalified;carve W1111ani,6,McKenna orthe NGI Insurance Conipan ,to me ypersorrlIy]�ooIxe tlreoieercried and who exeuted`tlie preceding instrument;ande aeknauledged the eutron of sal and rng by one fully so , aed anc said that he is an officer of;said Cc inpany;;aforesaid that the seal affi d to die preceding ins c tent rs t ie orpt �se,- rnpany, and the sand co poste "seal axrd ins sigziatrire as officer were'daly affixed artd subscx ed to e a d yin-M=I, k authority aiid'duecubn of the said Company;that title lam,Sec#ign of#he By I anus osiiid Cn�is iu in for 1 ..- r- NESS WHEREt7F, I lia"l�ereunta set my end and affix y offic f seal at�ac�s��e��lc�nda dus �sl day�fM� I" i } gr� 1 1,Brian 7 Beggs,dice President oftlie h11 Insurance Company,do hereby ccrtif that tke be fareoi JP­a_mod co i. of;a:Power of Attorney exec.ute,d by said Cciixi ny uxW-,his st itr fa1L force grid effect _ � " tIV.1t�(tTNE"SS WHEfE&,l haue lereanto set iriy hand aiid affixed ttie seas ofaid Corrzpany atackso11e Flarda#Is " 14yof APri1 2flI x _ '- ` t - a t Wt�R1NIlfr Aiy unauttoiied reprc3ducrio o�aTtexon cif dt7cuitnt�s pxatxid x w j Tfl COIvIt iDITY cifte attached hbdpleasecall I St1D Ski' Tfl SiJBTviT? flITI send a1i carresporidenc€tQS es sftee,Beene {? 4 r�tiix' nd Glatti " -, . _. .