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HomeMy WebLinkAboutAsphalt Paving Systems, Inc. Pavement OverlaySE T- --" HOME Of PELICAN ISLAND 1225 Main Street Sebasfian,FL 32958 (772)388-8215 Phone May 17, 2017 Asphalt Paving Systems, Inc. 500 North Egg Harbor Road Hammonton, NJ 08037 RE: Release of Payment & Performance Bond for Sebastian 2010 Pavement Overlay—Bond # SU1107969 Dear Mr. Capoferri I am releasing payment and performance bonds #SU1107969 issued by Arch Insurance Company in the amount of $116,575.15 to the City of Sebastian for Sebastian 2010 Pavement Overlay Sincerely, anette Williams, MMC City Clerk Attachment: Original Bonds #SU1107969 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. SU1107969 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Asphalt Paving Systems, Inc. 500 North Egg Harbor Road Hammonton, NJ 08037 OWNER (Name and Address): City of Sebastian 1225 Main Street SURETY (Name and Principal Place of Business): Arch Insurance Company 300 Plaza Three Jersey City, NJ 07311 Sebastian, FL 32958 CONSTRUCTION CONTRACT Date: Amount: $116,575.15 One Hundred Sixteen Thousand Five Hundred Seventy Five Dollars and 151100 Description (Name and Location): Sebastian 2010 Pavement Overlay BOND Date (Not earlier than Construction Contract Date): August 26, 2010 Amount: $116,575.15 One Hundred Sixteen Thousand Five Hundred Seventy Five Dollars and 151100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Asphalt Paving Systems, Ince Signature: Name and Title: Rober,__tapoferri Pre (Any additional si atureappear on page 3) SURETY Company: (Corporate Seal) Arch InsuraV4e Company n Signaturew `" u"'�'wiC���C/`� Name and, itle: Donna Chiancone Attorney -in -Fact (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother AGENT or BROKER: paq) Conner Strong Companies, Inc. P.O. box 989 Marlton, NJ 08053 856-552-4986 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312.1984 9 THIRD PRINTING . MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which Is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall 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 attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time 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 Contractor 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 Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange 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 negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance 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 excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable liromptness under the circumstances: .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 in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen 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 Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety 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 the 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 Contractor 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 Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the 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 unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 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. 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 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1884 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, Q.C. 20008 A312-1984 THIRD PRINTING 9 MARCH 1987 and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available 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. 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 DEFINITIONS 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: have been made, Including allowance to the Contractor 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. 12.2 Construction Contract: The agreement betwen the Owner and the Contractor Identified on the signature page, including all Contract Documents and changes thereto. 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. 12.4 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. (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) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON, O.C. 20006 THIRD PRINTING • MARCH 1987 A312-1984 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. SU1107969 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Asphalt Paving Systems, Inc. 500 North Egg Harbor Road Hammonton, NJ 08037 OWNER (Name and Address): City of Sebastian 1225 Main Street Sebastian, FL 32958 SURETY (Name and Principal Place of Business): Arch Insurance Company 300 Plaza Three Jersey City, NJ 07311 CONSTRUCTION CONTRACT Date: Amount: $116,575.15 One Hundred Sixteen Thousand Five Hundred Seventy Five Dollars and 151100 Description (Name and Location): Sebastian 2010 Pavement Overlay BOND Date (Not earlier than Construction Contract Date): August 26, 2010 Amount: $116,575.15 One Hundred Sixteen Thousand Five Hundred Seventy Five Dollars and 151100 Modifications to this Bond: ❑ None ❑X See Page 6 CONTRACTOR AS PRINCIPAL SURETY - _- Company: (Corporate Seal) Company: (Corp&at9 _Seal) - Asphalt Paving Systems, Inc. Arch Insuranc Company14 a Signature: Signature. Name and Title: Robe apoferri Name and Itle: Donna Chiancone Pre ent Attorney -in -Fact - (Any additional sig tures appear on page 6) (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother AGENT or BROKER: party) : Conner Strong Companies, Inc. P.O. box 989 Marlton, NJ 08053 856-552-4986 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING . MARCH 1987 I 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 obligation shall 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 harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the 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 have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice 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 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished 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 performed; 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 notice any communication from the Contractor 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, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor 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 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting 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 shall 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) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on 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 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 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING 9 MARCH 1987 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. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly 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 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: service or rental equipment used in the 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 tabor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified 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. 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 discharge 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'notice, 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) Signature: Name and Title: Address: Signature; Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.. N.W., WASHINGTON. O.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 . - 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 Cjtyt Missouri (heFeinafter referred to as the "Company") does hereby appoint Steven G. Raffuel, Donna Chiancone and Jaquanda S. Martin of Philadelphia, PA (EACH) its true and lavtr W Att14n4;0A 10 matte, execute, seal, and deriver from the date of tasuarim of this power for and on its behalf as s iUr f r, and as ft act and•deed: Ary pnd all bonds and undertakings f C MGN: t� O AUTHORITY Is graq* to make, exec utb, seal gngf dells bonds oc undeFtalc�ngs f at guarantee the 0"Cmt t e cvnec*ott of any piromisi" Apte, dtdi*, di;dfiE br Wier bf-credrt: Thft ewAortty dares not perrnit ifie Sams obfrgation to be s It into two or more bonds in order to bring eaj* such hbnd. 'v tin the dour ti j* of authbrity as sot forthh*e 6 Company may nwoke his appo ti vont at eny time- The man of §qh bonds anS# updwt.W&M is Pucce-o'i ��:[ be..as. bindittgn the said diny 00coM 04 VW4tcWedged by its �1� 4th r�ls at lits,�r�tl� ot�.e �i Kids , �A •''- M • TW Pow oi•Aomtey Is wmwWl by -ed of t�esvtuffm6 W JW L16MIr�rto txserd of III* bQatd of 13hu i df the Qainy gpaat%March 3,2M. W%aad elate copies of wbic h -tetra MwWfodh and aria hereby be9W to by' � iiraH�nad �ea�aryias � fcttEt�e ar�etfiec� . Old Ided vA Ire Oedref or the 84afty sW have (be power aro$ W fty f apo nt e4aft and eUaMqjs4a4hck at& to *0wiW fern W 6made• on. DeW of the Company, 'sad aitEtch eta seed .cad f Company tlmreW� fctds and t t� (gel {�/ nfoes�, cc ti adsl ta6Flhopl p* 44 *or 1iA o ��/. -&i do- #tom X41`Nth My gMqW agoft 10 Tie f avk at AUotney Is 404. sW mM&d by fwW0 utKk1 . mW by $dwKy of Me MQwkV rewl don � tNtB{'t�itOUS Opi�i'� Q� � o� Ql�'�i0r8 of � til�lt�p�'iy 06i x'13,, M{ TW ft straWre of tate Iu to Board, the k6stiod, or wo Vke Presided of lh* dppoisif+e'.w a fi IN wrung %md fled wig► #16 ft&etm% and the ikjrg ft bf ti* seer, Un Wal of tete danpmty, � y► worts by the bewela , may be by �imlle on mW poor of y or bond• wo mAul pulmao to the rwduiton sdepted by the Board vt Ckee%n an March 3, 2M amd~ vich poyme,w acewk4 sodied•W wed wth tvopebita eMLWd oF-linden to V00 k Is ettnhed, shall ocmtfoe to be v and Wnding upsm tfte gwgni W. WMIA01:9 QQ 03 03 Page 1 of 2 Pdrited 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 atMor¢ed offime s, this 14th day of October______, 20 08 Attested and GeMed - IWO! wifin J. Mts eca•�fary . STATE OF PENNSYLVA A SS Cpt)N'iir` OF ptipA a PHIA se Arch lnsurante Company f, Eltw C. iQhh= p ISI Public, do h . c%* fiat Mtn J. NUsen and. J. Mic haet Pole paWn-Ay grown Orme f6 be - the same persons whose namm ane nwpecibtely as Gewetwy mW Mee P=Mwtt of the Arch Insurance Compmy, a. . t t'pera h � � e isffizg tinder 0•te e s ,e o'f l� rt, s� to. 410 fareg'O.W. insbur�i�ti, � b� t#� itis itap in p�sah acid >seti� ��lcttc�itedgec� tt� � �ribo �l a�� �_ s�te�t V h 4 !and d�iv�ned d it;ss trent as' a fca end va{�Octv Said c iQrabior1 and en Otebown fi�ee and v�aturtia�y acts fca••the u� � put'p�osev ti;'seffia�t. • ' - . mom• • xNVOMM r• �y �ypire 1a-'!'1 foFft NO 19V4 RMUraq* arA QU W%.S'"0i�� 1�� . cdit�atf► l d el•P 1 e>�xt6�d � dA ey so wag*" � - QojnM en %is 26thdad►A10i�. +'_ uyus L ..� • .Mvj th II $.ohm ftwomy 'ice Pct' a Aftaw 6V& 01i a�ts'afi Own awrad dwah to to 4 ' ha►tte too l�irtd � in•�� � � �. - ant3y . riQ �� •�e'E ?eod6�i std.. . . PLEMMOM ALL &MM MMMR- .a Tots a Ta► 'ffM FaL0V*M i RMS: . Surety . . 'Ptoamphu6PA18102 OOMLOO13 00 03 03 . ' . Page 9 of 2 Printed In U.SjL n Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by fair authorized officers, this 14th day of October . 20 08 t %bested and Ced M. ,sn �l�sa�rt Mat -fin J. Niis = wry . STATE OF P"SYLYA llA SS COUNW OF PHILAQEL.PHIA Se Arch Insurance Company . L Eldan C. Kuhh. p Kobv� Puiflica, do heWW c%* Mat MbAn J. Iflilserr arid- J. Mic hadt PWa parr4nafly knovm tame R) be #W a" persons whom namee are nespedively as BeerelW and Vrw PwWdent tf th® Arch Insurance Comm, a. Otcraboh � atv�I �islxn9 andel' ti'ta i q� �e stake o� �E�surl=s�ti�$c�il�ed �o tie fic?t�in9'• Irtsfirur�, appeat�ed be�c3a� �fiis stay in pooh and &� aii'�ci�oiNledged that titer ���� �'t,tnt4. a�Qri �9.a�: sealed Vdh #t ptpor �eai and d�iiv�red �d Ilisirt�rrtn+sn# ase €rte end�ttity act of said aoriican and ag fftelr awn free and �ots�t�facj� acis far ih® aces and purposes fMere�'se�in�r. ' •• _ � . N _ MY 12 -Mal 1 ci.��. spry c Accts bias d�haft � ito h� �a m cff,�� QMgM 14- VMS on be afum Po "'fi d ewe is el frare mid• ire b ' int fes. no i44=U=wyifl &V•is in fta ftrw =A wrpa. ca ee�pih�� d: l�ifC1•t' e+6�d �t�a�vr�'� Aeras •Pik w�'� � daemon . dfffiea�•Riq'oP�����dutyp��t��e'������np • • j•.- - •{ .. IN iMVAM SRWv t t fWM"D M4' the' of ft A. mh-. st*M . Comp" an M 26thdey gf &Mat This Peer o e ate a�s•af it> mw swab to to 6 M*ft'aw ' • &pe�fi�t� named �' �o hind t M dthayhav nQ ��in•tt t ru '�trcd: o t ... KEAMSENDALL Arch Suzy ' 3 varc3r, x.150© 'Ptt Iph%r PA1S102 OOML0013 00 03 08 a . Page 2 of 2 o Cow � an Aland Printed in u.S:A. ARCH INSURANCE COMPANY STATEMENT OF FINANCIAL CONDITION December 31, 2009 Assets Cash in Banks Bondsowned Stocks Premiums in course of eeilec tion Aedruisd triterest and other assets Total Assets. Liabilitiee Reserve for tosses and• adjustment expenses Reserve for unearned premiums Ceded reinsurance premiums payable Amounts withheld or retained: by company for account of others Reserve for taxes, expenses and other liabilities T-dtal. Llabilittes 1551,8621869 886,9728246 364.176,664 165,942,470 251,181,414 $ 1.82-4.13.55&§3 $ 607,7211,900 133,4,98,655 98;5©0,939 139,148-,042 207,3WARD 1,:186,256,465 &surplus as regards polidyholders 637,879..198 TQta1$urplus•and- Liabilities $ 1 W241'35M _ T 1 j Attest: kl Ser�lar` r c;e Presi • e arid: acrbYary Chlbf Fiinbin mal Officer SWe of New York ) I • SS • County of Nassau) Fred Eic4ler and MarDn'Nilaeri, being.diujy sworn, say that they are- S3enior Vice--Pm6de'nt aril Chief Ffhand1al Offiber af-id Se_sretary., respectively; of AR04 IRSURANGE COMPANY, MlssouVii; and that the foregoing Is -;a -true an. c omatt statement of f1hax4la, epridition• of: said. cvrhpgh�, as,of Odeember 31, 24'09: .Subscribed --and sworn to before me, thisllL•'Aday of Mareb, 2010. w ' Mary Public /: 14