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HomeMy WebLinkAboutContract 36094 .a v ARCH INSURANCE COMPANY DUAL OBLIGEE RIDER CITY SECRETARYDI EXECUTED IN DUPLICATE CONTRACT NO. ��4- To be attached to and form a part of contract bond number SU1031408 issued by Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, on behalf of CST ENVIRONMENTAL, INC. in the amount of FOUR HUNDRED FOUR THOUSAND EIGHT HUNDRED AND NO/100 Dollars($404,800.00) and dated September 13,2007 in favor of THE FORT WORTH MUSEUM OF SCIENCE AND HISTORY CORPORATION T'ey% fo In consideration of the sum of 19te Doll;lxy( 9P , and other good and valuable consideration receipt of which is hereby acknowledged,the undersigned hereby agrees as follows: l. CITY OF FORT WORTH is hereby added to said bond as an additional Obligee. 2. Surety shall not be liable under this Bond to the Obligees unless the said Obligees, or either of them, shall perform all obligations to be performed by said Obligees under their respective contracts with the Principal, at the time and in the manner therein set forth, including to make payments to the Principal strictly in accordance with the terms of said contracts, or to satisfy other obligations to the Principal related to the bonded project. 3. By execution of this dual Obligee rider, it is the parties' intent that the Surety's obligations on the Bond shall remain the same except that such obligations run to both the original Obligee and the additional Obligee. This rider in no way alters the Surety's obligations except as stated above. 4. Aggregate liability of Surety hereunder to Obligees is limited to the penal sum stated above. Surety, upon making payment hereunder, shall be subrogated to and shall be entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by the payment, either against Principal or against any other party liable to the payee on the discharged obligation. 5. In the event of a dispute between the Obligees named herein concerning their respective rights and obligations, Surety shall not be required to perform its obligations hereunder or on the Bond, but instead shall be entitled to defer performance of its obligations until (a) Surety has been provided with a judicial order or judgment resolving the conflict between and among the Obligees, or (b) the Obligees have resolved the dispute among themselves and have provided the Surety with a writing, signed by both Obligees, evidencing same. Obligees shall be liable for any damages or additional costs arising out of delay in project performance resulting from such a dispute between Obligees as noted above, and said damages or additional costs shall not be chargeable against the Principal or Surety. 6. In the event of a claim, Obligees shall substantiate any and all claims against said Bond by providing Surety with a written Proof of Claim, sworn under penalty of perjury, together with supporting written evidence which demonstrates to the satisfaction of the Surety that Obligees have incurred damages as a result of the action or inaction of the Principal which constitutes a default under the subject agreement. Payment under said Bond to one of the Obligees shall serve to reduce Surety's obligations to any other Obligee hereunder, and payment to one Obligee shall be considered payment to both. THE SUBJECT BOND IS AN INDEMNITY BOND, CONDITIONED UPON PROOF OF DAMAGES, AND THE PENALTY STATED ABOVE IS THE MAXIMUM AMOUNT OF THE SURETY'S LIABILITY— IT IS NOT A LIQUIDATED SUM. 7. Assignment of any Obligees' rights on the Bond is expressly prohibited without the prior written consent of Surety. No right of action shall exist on this Bond for any person or entity other than the Obligees named herein,or their heirs,executors,administrators or successors of the Obligees. i ., r r J LPL UTf9 U. 1.a Dual Obligee Rider-08-20-02 8. Surety shall have available to it all defenses available to the Principal in connection with the claims of the Obligees,or either of them. 9. Nothing contained herein or omitted here from is intended to limit in any way whatsoever the claims and defenses available to Surety at law or in equity. Signed,Sealed and Dated this 13TH day of SEPTEMBER,2007. CST ENVIRONMENTAL,INC. RCH 77OMPANY B • � (Principal) By:_ � (Surety) Y ` Donald B. McGlamery, Jr. PAUL BOUCHER,Attorney In Fact General Manager CITY OF FORT WORTH THE FORT WORTH MUSEUM OF SCIENCE (Obligee) AND HISTORY CORPORATION — (Obligee) By: BY: Attested By: -lvlart) endrix City Secretary NO M&C REQUIRED STATE OF CALIFORNIA COUNTY OF LOS ANGELES Bond No. SU 1031408 On SEPTEMBER 13, 2007, before me, HEATHER WIN, a Notary Public in and for the above county, personally appeared PAUL BOUCHER to me personally known, who,being by me duly sworn, did state that he/she is Attorney-in-Fact of ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the state of MISSOURI, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: JUNE 17, 2010 Notary Public HEATHER MN ° Commission# 1675769 Z Notary Public-California Los mgeles County my comm.Expires Jun 17,2010 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 Paul Boucher, Susan Thurston,Janina Monroe,Timothy J. Noonan, Leonard G. Fodemski,and Mark Zwickel of Los Angeles, CA (EACH) its true and lawful Attorneys)-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,Misso4*1i._:;:.,., ,. 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. OOML0013 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 31st day of July 12007 Arch Insurance Company Attested and Certified fence CORPORATE SFAI IWO fGi 19l Martin J. Nilse ecretary Edward M. Titus ice 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 aAvoluntary act otgaid 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 No.02CA6109336 Ouilified In New York County Pe r J. foal Nota ublic Commission Expires May 3, 2008 My commisshV expires 5-03-2008 CERTIFICATION 1, 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- corpora' se i of the Arch insurance Company on this 1 9TN day of SEPTEMBER , 20_QZ_. ���GZ # Martin J. Nils , 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 Contractors& Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 re�ronce C 0 C-PoRATE �4 1 ic71 a `C 00ML0013 00 03 03 rissood Page 2 of 2 Printed in U.S.A. THE AMERICAN INSTITUTE OF ARCHITECTS EXECUTED IN DUPLICATE Bond No. SU1031408 A1A Document A31 1 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that CST Environmental, Inc. (Here insert full name and address or legal title of Contractor) 9090 North Stemmons Fwy., Ste. C Dallas, TX 75247 as Principal, hereinafter called Contractor, and, Arch Insurance Company (Here insert full name and address or legal title of Surety) 49 Natoma Street, Suite B, Folsom, CA 95630 as Surety, hereinafter called Surety, are held and firmly bound unto The Fort Worth Museum Of Science And History Corporation (Here insert full name and address or legal title of Owner) 1501 Montgomery Street Fort Worth, TX 76107 as Obligee, hereinafter called Owner, in the amount of Four Hundred Four Thousand Eight Hundred Dollars and 00/100 Dollars ($ 404,800.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated August 21, 2007 entered into a contract with Owner for (Here insert full name,address and description of project) Asbestos Abatement at The Fort Worth Museum of Science and History in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA® 1 FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 PERFORMANCE BOND NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or the contract or contracts of completion arranged under this extension of time made by the Owner. paragraph) sufficient funds to pay the cost of completion less Whenever Contractor shall be, and declared by Owner the balance of the contract price; but not exceeding, including to be in default under the Contract, the Owner having other costs and damages for which the Surety may be liable performed Owner's obligations thereunder, the Surety may hereunder, the amount set forth in the first paragraph hereof. promptly remedy the default, or shall promptly The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to 1) Complete the Contract in accordance with its terms Contractor under the Contract and any amendments thereto, and conditions, or less the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final determination by Surety of the lowest responsible bidder, payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner No right of action shall accrue on this bond to or for the and the Surety jointly of the lowest responsible bidder, use of any person or corporation other than the Owner named arrange for a contract between such bidder and Owner, herein or the heirs, executors, administrators or successors of and make available as Work progresses (even though the Owner. there should be a default or a succession of defaults under Signed and sealed this 13th day of September, 2007. ATTEST: CST Environmental, Inc. (Principaq (Sea!) B : Ai ZIP itnes B :� &4r/zj� Dona d B. McGlam General Manager WITNESS: Arch Insurance Company (Surety) (Seal) By: fitness) J N FER GREEN By: (Title) PAUL BOUCHER Attorney-in-Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA® 2 FEBRUARY 1970 ED. ' THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 STATE OF CALIFORNIA COUNTY OF LOS ANGELES Bond No. SU1031408 On SEPTEMBER 13, 2007, before me, HEATHER WIN, a Notary Public in and for the above county,personally appeared PAUL BOUCHER to me personally known, who,being by me duly sworn, did state that he/she is Attorney-in-Fact of ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the state of MISSOURI, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his voluntarily executed. IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed my official seal the day and year first above written. My Commission Expires: JUNE 17, 2010 �,�� Notary Public HEATHER W Commission# 1675769 Notary Public-California Z D Los Angeles County My Comm.Explres Jun 17,2010 THE AMERICAN INSTITUTE OF ARCHITECTS EXECUTED IN DUPLICATE Bond No. SU1031408 AIA Document A31 1 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that CST Environmental, Inc. (Here insert full name and address or legal title of Contractor) 9090 North Stemmons Fwy., Ste. C Dallas, TX 75247 as Principal, hereinafter called Principal, and, Arch Insurance Company (Here insert full name and address or legal title of Surety) 49 Natoma Street, Suite B, Folsom, CA 95630 as Surety, hereinafter called Surety, are held and firmly bound unto The Fort Worth Museum Of Science And History Corporation (Here insert full name and address or legal title of Owner) 1501 Montgomery Street Fort Worth, TX 76107 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Four Hundred Four Thousand Eight Hundred Dollars and 00/100 (Here insert a sum equal to at least one-half of the contract price) Dollars ($ 404,800.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated August 21, 2007 entered into a contract with Owner for (Here insert full name,address and description of project) Asbestos Abatement at The Fort Worth Museum of Science and History in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however,to the following conditions: 1. A claimant is defined as one having a direct and the name of the party to whom the materials were contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid, and material being construed to include that part of water, in an envelope addressed to the Principal, Owner or Surety, gas, power, light, heat, oil, gasoline, telephone service or at any place where an office is regularly maintained for the rental of equipment directly applicable to the Contract. transaction of business, or served in any manner in which 2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the and severally agree with the Owner that every claimant as aforesaid project is located, save that such service need not herein defined, who has not been paid in full before the be made by a public officer. expiration of a period of ninety (90) days after the date on b) After the expiration of one (1) year following the date on which the last of such claimant's work or labor was done or which principal ceased Work on said Contract, it being performed, or materials were furnished by such claimant, understood, however, that if any limitation embodied in this may sue on this bond for the use of such claimant, bond is prohibited by any law controlling the construction prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so as may be justly due claimant, and have execution thereon. as to be equal to the minimum period of limitation permitted The owner shall not be liable for the payment of any costs by such law. or expenses of any such suit. c) Other than in state court of competent jurisdiction in 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state any claimant: in which the Project, or any part thereof, is situated, or in a) Unless claimant, other than one having a direct the United States District Court for the district in which the contract with the Principal, shall have given written notice to Project, or any part thereof, is situated, and not elsewhere. any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and Surety above named, within ninety (90) days after such to the extent of any payment or payments made in good claimant did or performed the last of the work or labor, or faith hereunder, inclusive of the payment by Surety or furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said made, stating with substantial accuracy the amount improvement, whether or not claim for the amount of such claimed lien be presented under and against this bond. Signed and sealed this 13th day of September, 2007. ATTEST: CST Environmental, Inc. (Principaq (Sean B : e),hess)/ Donald B. McGlamery{ ., General Manager WITNESS: Arch Insurance Company (Surety) (Sean E3 JEN ER GREEN B (Title) PAUL BOUCHER Attorney-in-Fact AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 STATE OF CALIFORNIA COU�TY OF LOS ANGELES Bond No. SU1031408 On SEPTEMBER 13, 2007, before me, HEATHER WIN, a Notary Public in and for the above county, personally appeared PAUL BOUCHER to me personally known, who, being by me duly sworn, did state that he/she is Attorney-in-Fact of ARCH INSURANCE COMPANY, a corporation organized and existing under the laws of the state of MISSOURI, that the seal affixed to the foregoing instrument is the corporate seal of the said corporation, that the instrument was signed, sealed, and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledged the said instrument and the execution thereof to be the voluntary act and deed of said corporation by his voluntarily executed. IN "ESS WHEREOF, I have hereunto subscribed by name and affixed my official seal e day and year first above written. My Commission Expires: JUNE 17, 2010 DCCx(�Y�t�w Notary Public -- .® — Al HEATHER WIN Commission# 1675769 z -� Notary Public-California •N ^� Los Angeles County My Comm.Expires Jun 17,2010 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 Paul Boucher, Susan Thurston,Janina Monroe,Timothy J. Noonan, Leonard G. Fodemski,and Mark Zwickel of Los Angeles, CA (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.,.Nasso4iri..;,:._.,. 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. 00MI-0013 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 31st day of July 2007 Arch Insurance Company Attested and Certified fiance CORPORATE 3'O SEAL ` 19T{ v Martin J. Niisero- ecretary Edward M. Ti us ice 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 apdvoluntary act 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 No.02CA6109336 Di•:Ilfied In New York County Pe r J. Nota ublic Commission Expires May 3, 2008 My commiss expires 5-03-2008 CERTIFICATION 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 am the corpora' s i of the Arch insurance Company on this day of SEPTEMBER , 20 07 � � _ Martin J. Nils , 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 Contractors& Developers Group 135 N.Robles Ave.,Ste.825 Pasadena,CA 91101 once c a CDRPORAte 34 sEu � i9n `C OOML0013 00 03 03 �ef01� Page 2 of 2 Printed in U.S.A. ARCH Insurance Company ARCH Surety TEXAS CONSUMER NOTICE IMPORTANT NOTICE To obtain information or make a complaint: You may contact your agent at the telephone number provided on the Declarations page of your policy. You may call Mary Jeanne Anderson, Surety, Arch Insurance Company, at the toll-free, telephone number provided below: 1-800-472-8845 You may contact the Texas Department of Insurance to obtain information on companies' coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O, Box 149104 Austin, TX. 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. (Ed. 4/03) Printed in U.S.A.