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REEVES CONSTRUCTIION FRONTDOOR PARKING IMPROVEMENT
AGREEMENT FOR Augusta Regional Airport at Bush Field Front Door Parking Improvements THIS AGREEMENT, made this C' day of November in the year Two Thousand and Ten, by and between the City of Augusta ( "Owner "), and Reeves Construction Company ( "Contractor "). WITNESSETH: That the Owner and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to perform all of the work entitled Front Door Parking Improvements — ITB-10- 186 -0- 2010/PJM (terms, conditions, specifications and drawings dated September 2010) prepared by Campbell & Paris Engineers, 313 Wingo Way, Mt Pleasant, South Carolina, 29464, in accordance with the requirements and provisions of the Contract Documents. ARTICLE 2. The Contractor agrees that the work under this Contract will be commenced within 10 calendar days after receipt of written notice by the Owner to the Contractor that the Contractor is authorized to proceed, and that the entire work under this Contract will be completed not later than the specified calendar days after the date of such notice to proceed, subject to adjustment as provided in the SPECIFICATIONS. The Contractor further agrees that the amount of "Liquidated Damages" stipulated in the SPECIFICATIONS and stated below for failure to complete the contract in the allotted time shall be $1,000.00 for each calendar day after the number of days specified for completion of each milestone as stated in the PLANS and SPECIFICATIONS or as modified by Change Order, until the date of final acceptance by the Engineer. The total contract time and specific milestones are established in Section 00800 of the SPECIFICATIONS. ARTICLE 3. The Owner agrees to pay the Contractor for the performance of the Contract the amount of Four Million Three Hundred Ten Thousand Eight Hundred Twenty -Three Dollars and Ten Cents ($4,310,823.10) subject to additions and deductions as provided in the SPECIFICATIONS. Subject to satisfactory completion of work performed, payments on account thereof shall be made as follows: a. On or about the 15th of each month, 90 percent of the value proportionate to the amount of the contract, of materials on the ground to be incorporated in the work and labor and materials incorporated in the work up to and including the last day of the previous month, as approved by the Engineer, less the aggregate of previous payments. b. Upon substantial completion of the entire work, a sum sufficient to increase the total payments to 95 percent of the Contract Price. c. Within 30 days after the date of the final acceptance of the work, the balance due under the Contract. ARTICLE 4. The Owner and the Contractor hereby agree that the General Provisions, General Requirements, Special Provisions, hereinafter called the SPECIFICATIONS and the Drawings are as fully a part of the Contract as if hereto attached or herein repeated. AGR -1 AGREEMENT Additionally, the following specific items shall be considered a part of and are incorporated into the Contract Documents by reference when appropriately executed. • 100% Labor and Materials Payment Bond ♦ 100% Performance Bond • The Certificate of Insurance (as described in Division 0 Section 00810 of the Contract SPECIFICATIONS) • The Contractor's completed Bid Form dated October 29, 2010. The Owner and the Contractor, for themselves, their successors, executors, administrators, and assigns hereby agree to the full performance of the covenants herein contained. It should be noted that this agreement is not 100% of the Contract. IN WITNESS WHEREOF, THEY HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST ABOVE WRITTEN: OWNER: ar Y'^OF AU 1J ? ; EgPtsv i d S Copp* 0Mayor Date y # 'Attest: end, sn' . Clerk of Commission Date � "nes of � / OWNER: AUGUST; AVIATI S k COMMISSION, rUSTA, GEORGIA I.— �_ r V `) Rev. Karltop Howard, Chairman Date Witn - Date CONTRACTOR: B .�. 11 -5.0 Zola Date V P ,lo/z0.0 Witness A i, �f a ✓cue Date AG R -2 4 [ THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 • Performance Bond Bond No. 014056009 / 9029334 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): Reeves Construction Company Liberty Mutual Insurance Company / 101 Sheraton Court Fidelity and Deposit Company of Maryland Macon, GA 31210 OWNER (Name and Address): City of Augusta 530 Greene Street Augusta, GA 30901 CONSTRUCTION CONTRACT Date: Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Description (Name and Location): Front Door Parking Improvements for Augusta Regional Airport BOND Date (Not earlier than Construction Contract Date): Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Modifications to this Bond: © None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Reeves Construction Company See Attached Signature Page Signatu : . ... Signature: Name and i , 10 4 .1 J� Name and Title: Attorney -in -Fact Address: (Any additional signatures appear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): Campbell & Paris Engineers One World Financial Center, 200 Liberty Street New York, NY 10281 313 Wingo Way 212-915-8888 Mt. Pleasant, SC 29464 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND ; DECEMBER 1984 ED E AIAS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A3t2 -1984 1 THIRD PRINTING E MARCH 1987 '1 `The Contractor and the Surety, jointly and severally, bind .1 After investigation, determine the amount themselves, their heirs, executors, administrators, successors and for which it may be liable to the Owner and, assigns to the Owner for the performance of the Construction as soon as practicable after the amount is Contract, which is incorporated herein by reference. determined, tender payment therefor to the Owner; or 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to .2 Deny liability in whole or in part and notify the participate in conferences as provided in Subparagraph 3.1. Owner citing reasons therefor. 3 If there is no Owner Default, the Surety's obligation under this 5 If the Surety does not proceed as provided in Paragraph 4 with Bond shall arise after: reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice 3.1 The Owner has notified the Contractor and the Surety at from the Owner to the Surety demanding that the Surety perform its its address described in Paragraph 10 below that the Owner obligations under this Bond, and the Owner shall be entitled to is considering declaring a Contractor Default and has enforce any remedy available to the Owner. If the Surety proceeds requested and attempted to arrange a conference with the as provided in Subparagraph 4.4, and the Owner refuses the Contractor and the Surety to be held not later that fifteen payment tendered or the Surety has denied liability, in whole or in days after receipt of such notice to discuss methods of part, without further notice the Owner shall be entitled to enforce performing the Construction Contract. If the Owner, the any remedy available to the Owner. Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction 6 After the Owner has terminated the Contractors right to complete Contract, but such an agreement shall not waive the the Construction Contract, and if the Surety elects to act under Owner's right, if any, subsequently to declare a Contractor Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Default; and Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be grater than those of the Owner formally terminated the Contractor's right to complete the under the Construction Contract. To the limit of the amount of this contract. Such Contractor Default shall not be declared Bond, but subject to commitment by the Owner of the Balance of the earlier than twenty days after the Contractor and the. Surety Contract Price to mitigation of costs and damages on the have received notice as provided in Subparagraph 3.1; and Construction Contract, the Surety is obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the 6.1 The responsibilities of the Contractor for correction of Construction Contract or to a contractor selected . to perform the defective work and completion of the Construction Construction Contract in accordance with the terms of the contract Contract; with the Owner. 6.2 Additional legal, design professional and delay costs 4 When the Owner has satisfied the conditions of Paragraph 3, the resulting from the Contractor's Default, and resulting from Surety shall promptly and at the Surety's expense take one of the the actions or failure to act of the Surety under Paragraph 4; following actions: and 4.1 Arrange for the Contractor, with the consent of the 6.3 Liquidated damages, or if no liquidated damages are Owner, to perform and complete the Construction Contract; specified in the Construction Contract, actual damages or caused by delayed performance or non - performance of the Contractor. 4.2 Undertake to perform and complete the Construction Contact itself, through its agents or through independent 7 The Surety shall not liable to the Owner or others for obligations of contractors; or the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on 4.3 Obtain bids or negotiated proposals from qualified account of any such unrelated obligations. No right of action shall contractors acceptable to the Owner for a contract for accrue on this Bond to any person or entity other than the Owner or performance and completion of the Construction Contract, its heirs, executors, administrators or successors. arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's 8 The Surety hereby waives notice of any change, including changes concurrence, to be secured with the performance and of time, to the Construction Contract or to related subcontracts, payment bonds executed by a qualified surety equivalent to purchase orders and other obligations. the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in 9 Any proceeding, legal or equitable, under this Bond may be Paragraph 6 in excess of the Balance of the Contract Price instituted in any court of competent jurisdiction in the location in incurred by the Owner resulting from the Contractor's which the work or part of the work is located and shall be instituted default; or within two years after Contractor default or within two years after the 4.4 Waive its right to perform and complete, Contractor ceased working or within two years after the Surety refuses arrange for completion, or obtain a new contractor or fails to perform its obligations under this Bond, whichever occurs and with reasonable promptness under the first. If the provisions of the Paragraph are void or prohibited by law, circumstances: the minimum period of limitation available to sureties as a AIA DOCUMENT A312, PERFORMANCE BOND AND PAYMENT BOND E, DECEMBER 1984 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 2 THIRD PRINTING MARCH 1987 defense in the jurisdiction of the suit shall be applicable. by the Owner in settlement of insurance or other claims for damages • to which the Contractor is entitled, reduced by all valid and proper 10 Notice to the Surety, the Owner or the Contractor shall be mailed payments made to or on behalf of the Contractor under the or delivered to the address shown on the signature page. Construction Contract. 11 When this Bond has been furnished to comply with a statutory or 12.2 Construction Contract: The agreement between the Owner the other legal requirement in the location where the construction was to Contractor identified on the signature page, including all Contract be performed, any provision in the Bond conflicting with said . Documents and changes thereto. statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements 12.3 Contractor Default: Failure of the contractor, which has neither shall be deemed incorporated herein. The intent is that this Bond been remedied nor waived, to perform or otherwise to comply with shall be construed as a statutory bond and not as a common law bond. the terms of the Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the 12.1 Balance of the Contract Price: The total amount Construction Contract or to perform and complete or comply with the payable by the Owner to the Contractor under the Construction other terms thereof. Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received 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) See Attached Signature Page Signature: Signature: Name and Title: Name and Title: Attorney -in -Fact Address: Address: AIA DOCUMENT A312 E PERFORMANCE BOND AND PAYMENT BOND ; DECEMBER 1984 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING MARCH 1987 ATTACHMENT TO BOND NO. 014056009 / 9029334 SURETIES Surety A Liberty Mutual Insurance Company � ---�__ 8044 Montgomery Road Cincinnati, OH 45236 State of Incorporation: MA By: Limit of Liability: 50% Stacy Rivera , Attorney - In - Surety B Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196 State of Incorporation: MD By: Limit of Liability: 50% Stacy Riv - ,Attorney - In - Fact Surety C State of Incorporation: By: Limit of Liability: , Attorney -In -Fact THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond No.014056009 / 9029334 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): Liberty Mutual Insurance Company / Reeves Construction Company Fidelity and Deposit Company of Maryland 101 Sheraton Court Macon, GA 31210 OWNER (Name and Address): City of Augusta 530 Greene Street Augusta, GA 30901 CONSTRUCTION CONTRACT Date: Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Description (Name and Location): Front Door Parking Improvements for Augusta Regional Airport BOND Date: (Not earlier than Construction Contract Date): Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Modifications to th is Bond: ❑ None © See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Reeves Construction Company See Attached Signature Page Signature: ; - _ Signature: Name and Tit Name and Title: Attorney -in -Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): Campbell & Paris Engineers One World Financial Center, 200 Liberty Street 313 Wingo Way New York, NY 10281 Mt. Pleasant, SC 29464 212- 915 -8888 AIA DOCUMENT A312 ; PERFORMANCE BOND AND PAYMENT BOND ; DECEMBER 1984 ED , AIAS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING i; MARCH 1987 • 1 • The Contractor and the Surety, jointly and severally, bind previous written notice furnished to the themselves, their heirs, executors, administrators, successors and Contractor. assigns to the Owner to pay for labor, materials and equipment 5 If a notice required by Paragraph 4 is given by the Owner to the furnished for use in the performance of the Construction Contract, Contractor or to the Surety, that is sufficient compliance. which is incorporated herein by reference. 6 When the Claimant has satisfied the conditions of Paragraph 4, the 2 With respect to the Owner, this obligation shall be null and void if Surety shall promptly and at the Surety's expense take the following the Contractor: actions: 2.1 Promptly makes payment, directly or indirectly, for all 6.1 Send an answer to the Claimant, with a copy to the sums due Claimants, and Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging 2.2 Defends, indemnifies and holds harmless the Owner any amounts that are disputed. from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for 6.2 Pay or arrange for payment of any undisputed amounts. labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the 7 The Surety's total obligations shall not exceed the amount of the Owner has promptly notified the Contractor and the Surety Bond, and the amount of this Bond shall be credited for any payments (at the address described in Paragraph 12) of any claims, made in good faith by the Surety. demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and 8 Amounts owed by the Owner to the Contractor under the provided there is no Owner Default. Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any 3 With respect to Claimants, this obligation shall be null and void if Construction Performance Bond. By the Contractor furnishing and the the Contractor promptly makes payment, directly or indirectly, for all Owner accepting this Bond, they agree that all funds earned by the sums due. Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 4 The Surety shall have no obligation to Claimants under this Bond this Bond, subject to the Owner's priority to use the funds for the until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or others for contract with the Contractor have given notice to the Surety obligations of the Contractor that are unrelated to the Construction (at the address described in Paragraph 12) and sent a copy, Contract. The Owner shall not be liable for payment of any costs or or notice thereof, to the Owner, stating that a claim is being expenses of any Claimant under this Bond, and shall have under this make under this Bond and, with substantial accuracy, the Bond no obligations to make payments to, give notices on behalf of, amount of the claim. or otherwise have obligations to Claimants under this Bond. • 4.2 Claimants who do not have a direct contract with the 10 The Surety hereby waives notice of any change, including changes Contractor: of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. .1 Have furnished written notice to the Contractor and sent a copy, or notice 11 No suit or action shall be commenced by a Claimant under this thereof, to the Owner, within 90 days Bond other than in a court of competent jurisdiction in the location in after having last performed labor or last which the work of part of the work is located or after the expiration of furnished materials or equipment one year from the date (1) on which the Claimant gave the notice included in the claim stating, with required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last substantial accuracy, the amount of the labor or service was performed by anyone or the last materials or claim and the name of the party to equipment were furnished by anyone under the Construction whom the materials were furnished or Contract, whichever of (1) or (2) first occurs. If the provisions of the supplied or for whom the labor was Paragraph are void or prohibited by law, the minimum period of done or performed; and limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in part from the Contractor, or 12 Notice to the Surety, the Owner or the Contractor shall be mailed not received within 30 days of or delivered to the address shown on the signature page. Actual furnishing the above notice any receipt of notice by Surety, the Owner or the Contractor, however communication from the Contractor by accomplished, shall be sufficient compliance as of the date received at which the Contractor has indicated the the address shown on the signature page. claim will be paid directly or indirectly; and 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to .3 Not having been paid within the above be performed, any provision in this Bond conflicting with said 30 days, have sent a written notice to statutory or legal requirement shall be deemed. deleted herefrom and the Surety (at the address described in provisions conforming to such statutory or other legal requirement Paragraph 12) and sent a copy, or shall be deemed incorporated herein. The intent is that this Bond notice thereof, to the Owner, stating shall be construed as a statutory bond and not as a common law bond. that a claim is being made under the Bond and enclosing a copy of the AIA DOCUMENT A312, PERFORMANCE BOND AND PAYMENT BOND ; DECEMBER 1984 ED. E, AIA <_ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 5 THIRD PRINTING i; MARCH 1987 14 Upon request by any person or entity appearing to be a potential engineering services required for performance of the work of beneficiary of this Bond, the Contractor shall promptly furnish a copy the Contractor and the Contractor's subcontractors, and all of this Bond or shall permit a copy to be made. other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment 15 DEFINETIONS were furnished. 15.1 Claimant: An individual or entity having a direct 15.2 Construction Contract: The agreement between the contract with the Contractor or with a subcontractor of the Owner and the Contractor identified on the signature page, Contractor to furnish labor, materials or equipment for use including all Contract Documents and changes thereto. in the performance of the Contract. The intent of this Bond shall be to include without limitations in the terms "labor, 15.3 Owner Default: Failure of the Owner, which has materials or equipment" that part of water, gas, power, light, neither been remedied nor waived, to pay the Contractor as heat, oil, gasoline, telephone service or rental equipment required by the Construction Contract or to perform and used in the Construction Contract, architectural and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is Dispute, such claim. Rather, the Claimant's sole remedy shall be substituted in its place: the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond. 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted proof of claim sworn to by Claimant with Paragraph 12 shall be amended to add the following paragraphs: adequate supporting documentation proving the amount claimed • is due and payable, the Surety shall, within 90 days, notify the CLAIM NOTICE for the LIBERTY MUTUAL INSURANCE Claimant of the amounts that are undisputed and the basis for COMPANY must be sent to the following address: Liberty Mutual challenging any amounts that are disputed, including, but not Insurance Company, Interchange Corporate Center, 450 Plymouth • limited to, the lack of substantiating documentation to support the Road, Suite 400, Plymouth Meeting, PA 19462 -1644. claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment CLAIM NOTICE for the FIDELITY AND DEPOSIT COMPANY of any undisputed amount, provided, however, that the failure of OF MARYLAND, ZURICH AMERICAN INSURANCE the Surety to timely discharge its obligations under this COMPANY, COLONIAL AMERICAN CASUALTY AND paragraph or to dispute or indentify any specific defense to all or INSURANCE COMPANY and/or AMERICAN GUARANTEE any part of a claim shall not be deemed to be an admission of AND LIABILITY INSURANCE COMPANY must be sent to the liability by the Surety as to such claim or otherwise constitute a following address: Zurich Surety Claims, 3910 Keswick Road, waiver of the Contractor's or Surety's defenses to, or right to Chesapeake Building, 4 Floor, Baltimore, MD 21211, Attention: Surety Department. (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) See Attached Signature Page Signature: Signature: Name and Title: Name and Title: Attorney - in - Fact Address: Address: ALA DOCUMENT A312 E PERFORMANCE BOND AND PAYMENT BOND ; DECEMBER 1984 ED. S AIRS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING 1987 ATTACHMENT TO BOND NO. 014056009 / 9029334 SURETIES Surety A Liberty Mutual Insurance Company 8044 Montgomery Road Cincinnati, OH 45236 State of Incorporation: MA B Limit of Liability: 50 % Stacy Rivera , Attorney -In -Fact Surety B Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196 State of Incorporation: MD By: all - Limit of Liability: 50% Stacy Rivera , Attorney - In - Fact Surety C State of Incorporation: By: Limit of Liability: , Attorney -In -Fact 29392 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -Iaw and Authorization hereinafter set forth, does hereby name, constitute and appoint JEANNETTE PORRINI, STACY RIVERA, ALL OF THE CITY OF HARTFORD, STATE OF CONNECTICUT each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100********************************** " DOLLARS ($ 100, 000,000.00 * * ** * * * * * * * * * * * * * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their o signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be C cu L as binding as if signed by the president and attested by the secretary. V d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: CO C co Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby . authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and d 3 deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. ,_ an O ID • 7 That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. t > IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of R Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of June O M 2010 .b c•y O i LIBERTY MUTUAL INSURANCE COMPANY O d I By l9-Aa- �' -...� %✓ .� .... -4 `�E; _ . Garnet W. Elliott, Assistant Secretary e.., COMMONWEALTH OF PENNSYLVANIA ss '-- % • w COUNTY OF MONTGOMERY c0 w 1= C On this 7th day of June , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged C •- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ar Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. . ▪ IN TESTIMONY WH P & .veilg -unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year • 0 first above written. . Z � * t` � COMMONWEALTH OF PENNSYLVANIA �.. €� f ? Mhri . Bea 1. O Is �$ : TeresaPasa..�lka. Notary Petri Z V a P yxr ,xth i'w{ Mnrtsr°�err C:'vo�i y By My Corm scion Expires March 28 2013 �� Ter sa Pastella, Notary Publ rim .ner r.y€mro Assurcos er is Armes CERTIFICATE ), YI 4 W PO I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of 4 '' avid M. Carey, Ass t Secretary _ _ ASSL i 5 0.4y..- 1 r 7 . 1 , 3 4 . , 4,;rim _ . 1 ' A,sei. F.I../14:41.1 A....4. Assatv ACalc.1.- 4 A.NEF 1_ Fonds-pie:107.Di 2 1.1.425.m.pa5 11.44.7skres lipaj ' Sr.:4:45.in' tc/c0k 2? 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T.d.p.als Ir=s-S• uthatosaTfixT*Teirm.acsrntyl . 12 1.6vtthomiitcoandne we s=rted 131, V9.771 13 1 29 , 7 17 1 44 1 39.737 il. FiercAumsardrasicksaSms 133 thsaecisd pmmka-= tad' agtaki 1 to ace.ustriccII,th.-r 3, X.C.7.E3 1 V 1., 132 Dthowl Egoism. zgtshilsf-atamg tr1.1 irogna•bsol. 1.E6=56.mcl a-th:ct*ir.*Eirlvag 0 ramed IsItImbaed pc . 1.19 .... - . 133 Arau•sirsirtsecraepam•Turng 365.44ijii ii61i 3 21 1 ,DIO111 323E3{14 14. acisarsAt:C . 1€1 AAtt.gttmorattenskinart - g ,7.43.50.1 M195,937 sEtpazam 14.2 EmxIsbaDirriSqmsliftdva niistral arapa • 13.522= 13.527= 1721.Ea • 143 OferAnKolsneDerwabkorgk-riinsuranmrcer-sts . 15_ .Aznamirk Etbfiv in pxylostFlzos 21):95 11,4113 2.6// 175,31-5 1fi. 1 C-67.4 War 5 :4:14 kozarc /73:Tranc..sand illses1 !harem 313,1741B4 3131I21:66 . 163 /4.1.13c,6trect brasei 'MU:St= 1572134.70 t,a23,3zsp3 3411o,2ss 17_ Guarallyiccds ix:DIetlactul rIv..11. M.242,457 M24 48,52 32.559.V.S 12. IESslycried, partabaminill-..aartfact-n•Que nso fiats zz.zzt.au 613l1555 53,3r WA IL Fr.,,rniEcv6a-riwpioerg, 'i-oxEng fte..cedelintryzaes it _ _ _ ._ ..... ElY - 12211,225 1..W)1426 29. tid artacsx! ia Igs.,33 m1 bbeEfse 0..e folarekm oetana--,-0,1 . 21_ Rs:C.0= farm mead, 5 . 31 0. 15 0 , 6 - acd.eraZaks 346;223,217 DM 3 - 312.1S1p5 1-Ita.11Karw IS 0) and ogra P2CPiralk Z 1 ‘..". , ••.:6 - ... Irc ahx TISASVCS 32,9 Q 715,422,30 . - 1 . 24. Tci....I.Ecstilzkig Scpa Seigkvated Arlmordr ard Pric4szie0 CriAcsu-kt (Lima In b 24 13. S 6392425 3, ...E 30 ,C-1.25 -., F7orri Sm p en ee . .A.conis..Sv - ecoxittifLatrtis.-3.4d ?Medal CO Acas 2S. Tct.. pin= 24 aa112 35,470.142= 63112135,475 34.830,4r3,535 32.5e782.1%. - DETAILS W6 LDTI3 - 0301. CE02 • [603. - - - .._ • 0218. .9-rarccei a vezle.ks Et Di from sy _ 0222 Toi.. /17A=ISC•1 fk,... tta3 Fhatissa) ;lire g above} 131. ark, &...wrY.04/..L.T., 383284,3S9 312.28.1.153 3 4723143 2E17: Foncomb ra.C4.2% rork-rl'ign licdast4p _ _ ... Cr:t 7723141,2T0 115.1r4 177-2X.1-15 10 5.1DAST 13111erz=ait 132718.44T 31.134,93z v.,Bauss 15535T.73S 21E6_ aur.n.1-pimnaiini.ogife-ibsirtline73 4..1 .•• P=,e ZI,53T,I710. • 1324,6111 - 38,912 . .... - - - - 2293. Tarts flia.s 2284 *Iwo 2303 pis 23%1 g_Inc 23 .1x,,,e) 715,1395,703 33.949.95d 675,30574T 775:42913 - - 1 - • . - • EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of Assistant Secretary • FIDELITY AND DEPOSrr COIV1PANY OF M 1tYL.AND - 3910 KESWICK ROAD, EALTIMORE MD 2121 I -2226 Statement of Financial Condition As Of December 3 1, 2009 • ASSETS Bonds __ -. - -_- __ - - - - - - .. -.___ $ 156,584,995 Stocks- 22,537,62 Cash and Short Tertrt Investments -. - - - -•-- • 9,719,598 Reinsurance Recoverable____ . 9347,241 Other Accounts Receivable.- -- - - -_ - - - -- - -- - 51,052,264 Tara ADmTri - PD Assi=rs - -- - - - -. - — — X 249,241,769 LIABTr.TTaS, SURPLUS APff OTHXR FUNDS Reserve for Taxes and Expenses ---- - -- - -- ---- - - - -- - -- °_..___ -. -- $ 76,835 Ceded Reinsurance premiums Payable.__---- ___ - -- - 58,237,612 Securities Lending Collateral Liiability __ _ - _ - - -- - 5,511,875 TOTAL LTABrLTn _ $ 63,826,372 • • Capital Stock, Paid Up__ -- _ -_ - -_— $ 5,000,000 • Surplus - - - -- ' --- -- ___ -- 180,4I5,448 Surplus as regards Policyholders_ -_-- _--•- ---- _ -�_ -- - - - - . - . 185,415,447 TOTAL - - -- - .._. - -_ - -- - - -- - ....... $ 249,241,769 Securities carried at $38385,957 in the above statement arc deposited as required by Iaw_ Securities carried on the basis prescribed by the National Association of Insurance Commissioners_ On the basis of Der-ember 31, 2009 market quotations far all bonds and stocks owned, the Company's total admitted assets would be $247,657,513 and surplus as regards policyholders $186,999,703• I, DENNIS R KERRIGAN, Corporate Secretary of the FID;=L.ITYAND DEPosrr COMPANY OF MARYLAND, do hereby • certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of December, 2009_ - • Corporate Secretory State oflllinios City of Schaumburg. } SS- • S uhzcribcd and sworn to before inc a Notuy Public aI State of l liaois in the City of Schaumburg, this I5th day of March, 2010_ { i l ,gY ARLD G. SARABYN Notary Public OFI4ci CDMM SS0 EYP1RESr sEAL ;r NOVEMBER 25, 2011 • EoFo- • Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT Ah INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that Afr Reeves Construction Company l • NAME AND A L ib� 101 Sheraton Court ADDRESS OF INSURED ri Mutual® ■con GA 31210 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑ CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑ EXTENDED ® POLICY TERM WORKERS WC7- 631 - 004125 -770 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY 4/1 /2011 LAW OF THE FOLLOWING STATES: COMPENSATION GA Bodily In by Accident Injury Each Accident Bodily Injury By Disease $1,000,000 Pnhry I imit. Bodily Injury By Disease $1.000,000 Fach Person COMMERCIAL 4/1/2011 TB2- 631 - 004125 -780 General Aggregate GENERAL LIABILITY $2,000,000 ❑ OCCURRENCE Products / Completed Operations Aggregate $3.000,000 ❑ CLAIMS MADE Each Occurrence $2.000.000 RETRO DATE Personal & Advertising Injury $2,000,000 Per Person / Organization O includes Per Job Aggregate & ° Damages to Premises: $100,00 "XCl1" (nveragas and Madiral Paymanis• 810,00( AUTOMOBILE 4/1/2011 AS2- 631 - 004125 -790 An cident— single Limit LIABILITY $2,000,000 B.I. B.I. And P.D. Combined Each Person ❑ OWNED El NON -OWNED Each Accident or Occurrence El HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS See Addendum Attached. t If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: F ty of Augusta / Fernandez New York / 0202 AUTHORIZED REPRESENTATIVE 114 West 47th St. 530 Greene Street New York NY 10036 212 - 391 -7500 11/18/2010 !Augusta GA 30901 _J OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 CERTIFICATE - ADDENDUM NAMED INSURED CERTIFICATE HOLDER 11/18/2010 Reeves Construction Company City of Augusta 101 Sheraton Court 530 Greene Street Macon GA 31210 Augusta GA 30901 RE: Augusta Regional Airport at Bush Field Front Door Parking Improvements The General Liability and Auto Liability Policies include City of Augusta, GA and the Augusta Regional Airport at Bush Field as "Additional Insured. The General Liability, Auto Liability and Workers Compensation Policies include a "Waiver of Subrogation" clause in favor of the Additional Insured. The Insurance afforded by the policies for the Benefit of the Additioanl Insured is Primary and Non - Contributory. Created at wwweCertsONLINE.com IV -AD (2M2) Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AP INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT /LIMITS NOT LISTED BELOW. This is to Certify that Reeves Construction Company 3- NAME AND � Libertv 101 Sheraton Court ADDRESS OF INSURED Mutual® !Macon GA 31210 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑ CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑ EXTENDED POLICY TERM WORKERS WC7- 631 - 004125 -770 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY 4/1 /2011 LAW OF THE FOLLOWING STATES: COMPENSATION GA Bodily Injury by Accident $1.000,000 Each Accident Bodily Injury By Disease $1,000,000 Pnliry i imit Bodily Injury By Disease $1.000,000 Farh Person COMMERCIAL 4/1/2011 TB2- 631 - 004125 -780 General Aggregate GENERAL LIABILITY $2,000,000 ❑ OCCURRENCE Products / Completed Operations Aggregate $3.000.000 ❑ CLAIMS MADE Each Occurrence $2.000.000 RETRO DATE Personal & Advertising Injury f $2,0 Per Person / Organization o Includes Per Job Aggregate & ot Damages to Premises: $100,00 "XCI1" (nverages and Mediral Payments R1 00( AUTOMOBILE 4/1/2011 AS2- 631 - 004125 -790 Each Accident— Single Limit LIABILITY $2,000,000 B.I. And P.D. Combined Each Person El OWNED m NON -OWNED Each Accident or Occurrence 17 I HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS See Addendum Attached. • If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. Liberty Mutual NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Fty of Augusta - era !dine Fernandez New York / 0202 AUTHORIZED REPRESENTATIVE II 114 West 47th St. v 530 Greene Street New York NY 10036 212 - 391 -7500 11/18/2010 'Augusta GA 30901 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 y.L I CERTIFICATE - ADDENDUM NAMED INSURED CERTIFICATE HOLDER 11/18/2010 Reeves Construction Company City of Augusta 101 Sheraton Court 530 Greene Street Macon GA 31210 Augusta GA 30901 RE: Augusta Regional Airport at Bush Field Front Door Parking Improvements The General Liability and Auto Liability Policies include City of Augusta, GA and the Augusta Regional Airport at Bush Field as "Additional Insured. The General Liability, Auto Liability and Workers Compensation Policies include a "Waiver of Subrogation" clause in favor of the Additional Insured. The Insurance afforded by the policies for the Benefit of the Additioanl Insured is Primary and Non - Contributory. Created at www.eCertsONLINE.com rtsONLINE.com Iv D2. (200 2) THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A312 Performance Bond Bond No. 014056009 / 9029334 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): Reeves Construction Company Liberty Mutual Insurance Company / 101 Sheraton Court Fidelity and Deposit Company of Maryland Macon, GA 31210 • OWNER (Name and Address): City of Augusta 530 Greene Street Augusta, GA 30901 CONSTRUCTION CONTRACT Date: Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Description (Name and Location): Front Door Parking Improvements for Augusta Regional Airport BOND Date (Not earlier than Construction Contract Date): _ Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Modifications to this Bond: © None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Reeves Construction Company See Attached Signature Page Signature: -- . 1- Signature: Name and Tit '� ) � �, Name and Title: '°� Attorney-in-Fact ^r `� Address: (Any additional signatures app ear on page 3) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): Campbell & Paris Engineers One World Financial Center, 200 Liberty Street 313 Wingo Way New York, NY 10281 Mt. Pleasant, SC 29464 212- 915 -8888 AIA DOCUMENT A312 E PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED I; AIAS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 1 THIRD PRINTING E MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Bond No.014056009 / 9029334 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): Liberty Mutual Insurance Company / Reeves Construction Company Fidelity and Deposit Company of Maryland 101 Sheraton Court Macon, GA 31210 OWNER (Name and Address): City of Augusta 530 Greene Street Augusta, GA 30901 CONSTRUCTION CONTRACT Date: Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Description (Name and Location): Front Door Parking Improvements for Augusta Regional Airport BOND Date: (Not earlier than Construction Contract Date): Amount: ($ 4,310,823.10 ) Four Million Three Hundred Ten Thousand Eight Hundred Twenty Three Dollars and 10/100 Modifications to this Bond: ❑ None © See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Reeves Construction Company See Attached Signature Page Signature: '�-- Signature: Name and Title «1 'r ' ,, Name and Title: Attorney -in -Fact (Any additional signatures appear ' oo ` npage 6) (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNERS REPRESENTATIVE (Architect, Engineer or Willis of New York, Inc. other party): Campbell & Paris Engineers One World Financial Center, 200 Liberty Street 313 Wingo Way New York, NY 10281 Mt. Pleasant, SC 29464 212- 915 -8888 AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 4 THIRD PRINTING E, MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind .1 After investigation, determine the amount themselves, their heirs, executors, administrators, successors and for which it may be liable to the Owner and, assigns to the Owner for the performance of the Construction as soon as practicable after the amount is Contract, which is incorporated herein by reference. determined, tender payment therefor to the Owner; or 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to .2 Deny liability in whole or in part and notify the participate in conferences as provided in Subparagraph 3.1. Owner citing reasons therefor. 3 If there is no Owner Default, the Surety's obligation under this 5 If the Surety does not proceed as provided in Paragraph 4 with Bond shall arise after: reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice 3.1 The Owner has notified the Contractor and the Surety at from the Owner to the Surety demanding that the Surety perform its its address described in Paragraph 10 below that the Owner obligations under this Bond, and the Owner shall be entitled to is considering declaring a Contractor Default and has enforce any remedy available to the Owner. If the Surety proceeds requested and attempted to arrange a conference with the as provided in Subparagraph 4.4, and the Owner refuses the Contractor and the Surety to be held not later that fifteen payment tendered or the Surety has denied liability, in whole or in days after receipt of such notice to discuss methods of part, without further notice the Owner shall be entitled to enforce performing the Construction Contract. If the Owner, the any remedy available to the Owner. Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction 6 After the Owner has terminated the Contractors right to complete Contract, but such an agreement shall not waive the the Construction Contract, and if the Surety elects to act under Owner's right, if any, subsequently to declare a Contractor Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Default; and Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the 3.2 The Owner has declared a Contractor Default and Owner to the Surety shall not be grater than those of the Owner formally terminated the Contractor's right to complete the under the Construction Contract. To the limit of the amount of this contract. Such Contractor Default shall not be declared Bond, but subject to commitment by the Owner of the Balance of the earlier than twenty days after the Contractor and the. Surety Contract Price to mitigation of costs and damages on the have received notice as provided in Subparagraph 3.1; and Construction Contract, the Surety is obligated without duplication for: 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the 6.1 The responsibilities of the Contractor for correction of Construction Contract or to a contractor selected • to perform the defective work and completion of the Construction Construction Contract in accordance with the terms of the contract Contract; with the Owner. 6.2 Additional legal, design professional and delay costs 4 When the Owner has satisfied the conditions of Paragraph 3, the resulting from the Contractor's Default, and resulting from Surety shall promptly and at the Surety's expense take one of the the actions or failure to act of the Surety under Paragraph 4; following actions: and 4.1 Arrange for the Contractor, with the consent of the 6.3 Liquidated damages, or if no liquidated damages are Owner, to perform and complete the Construction Contract; specified in the Construction Contract, actual damages or caused by delayed performance or non - performance of the Contractor. 4.2 Undertake to perform and complete the Construction Contact itself, through its agents or through independent 7 The Surety shall not liable to the Owner or others for obligations of contractors; or the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on 4.3 Obtain bids or negotiated proposals from qualified account of any such unrelated obligations. No right of action shall contractors acceptable to the Owner for a contract for accrue on this Bond to any person or entity other than the Owner or performance and completion of the Construction Contract, its heirs, executors, administrators or successors. arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's 8 The Surety hereby waives notice of any change, including changes concurrence, to be secured with the performance and of time, to the Construction Contract or to related subcontracts, payment bonds executed by a qualified surety equivalent to purchase orders and other obligations. the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in 9 Any proceeding, legal or equitable, under this Bond may be Paragraph 6 in excess of the Balance of the Contract Price instituted in any court of competent jurisdiction in the location in incurred by the Owner resulting from the Contractor's which the work or part of the work is located and shall be instituted default; or within two years after Contractor default or within two years after the 4.4 Waive its right to perform and complete, Contractor ceased working or within two years after the Surety refuses arrange for completion, or obtain a new contractor or fails to perform its obligations under this Bond, whichever occurs and with reasonable promptness under the first. If the provisions of the Paragraph are void or prohibited by law, circumstances: the minimum period of limitation available to sureties as a AIA DOCUMENT A312 t, PERFORMANCE BOND AND PAYMENT BOND , DECEMBER 1984 ED E AIA< THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 2 THIRD PRINTING E MARCH 1987 • defense in the'jurisdiction of the suit shall be applicable. by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper 10 Notice to the Surety, the Owner or the Contractor shall be mailed payments made to or on behalf of the Contractor under the or delivered to the address shown on the signature page. Construction Contract. 11 When this Bond has been furnished to comply with a statutory or 12.2 Construction Contract: The agreement between the Owner the other legal requirement in the location where the construction was to Contractor identified on the signature page, including all Contract be performed, any provision in the Bond conflicting with said . Documents and changes thereto. statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements 12.3 Contractor Default: Failure of the contractor, which has neither shall be deemed incorporated herein. The intent is that this Bond been remedied nor waived, to perform or otherwise to comply with shall be construed as a statutory bond and not as a common law bond. the terms of the Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the 12.1 Balance of the Contract Price: The total amount Construction Contract or to perform and complete or comply with the payable by the Owner to the Contractor under the Construction other terms thereof. Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received 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) See Attached Signature Page Signature: Signature: Name and Title: Name and Title: Attorney -in -Fact Address: Address: AIA DOCUMENT A312 E PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 3 THIRD PRINTING ; MARCH 1987 ATTACHMENT TO BOND NO. 014056009 / 9029334 SURETIES Surety A Liberty Mutual Insurance Company 8044 Montgomery Road Cincinnati, OH 45236 State of Incorporation: MA By: Limit of Liability: 50% Stacy River.. , Attorney -In -Fact Surety B Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196 State of Incorporation: MD By: Limit of Liability: 50% Stacy Rivera , Attorney -In -Fact Surety C State of Incorporation: By: Limit of Liability: , Attorney -In -Fact 1 The Contractor and the Surety, jointly and severally, bind previous written notice furnished to the themselves, their heirs, executors, administrators, successors and Contractor. assigns to the Owner to pay for labor, materials and equipment 5 If a notice required by Paragraph 4 is given by the Owner to the furnished for use in the performance of the Construction Contract, Contractor or to the Surety, that is sufficient compliance. which is incorporated herein by reference. 6 When the Claimant has satisfied the conditions of Paragraph-4, the 2 With respect to the Owner, this obligation shall be null and void if Surety shall promptly and at the Surety's expense take the following the Contractor: actions: 2.1 Promptly makes payment, directly or indirectly, for all 6.1 Send an answer to the Claimant, with a copy to the sums due Claimants, and Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging 2.2 Defends, indemnifies and holds harmless the Owner any amounts that are disputed. from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for 6.2 Pay or arrange for payment of any undisputed amounts. labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the 7 The Surety's total obligations shall not exceed the amount of the Owner has promptly notified the Contractor and the Surety Bond, and the amount of this Bond shall be credited for any payments (at the address described in Paragraph 12) of any claims, made in good faith by the Surety. demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and 8 Amounts owed by the Owner to the Contractor under the provided there is no Owner Default. Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any 3 With respect to Claimants, this obligation shall be null and void if Construction Performance Bond. By the Contractor furnishing and the the Contractor promptly makes payment, directly or indirectly, for all Owner accepting this Bond, they agree that all funds earned by the sums due. Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 4 The Surety shall have no obligation to Claimants under this Bond this Bond, subject to the Owner's priority to use the funds for the until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or others for contract with the Contractor have given notice to the Surety obligations of the Contractor that are unrelated to the Construction (at the address described in Paragraph 12) and sent a copy, Contract. The Owner shall not be liable for payment of any costs or or notice thereof, to the Owner, stating that a claim is being expenses of any Claimant under this Bond, and shall have under this make under this Bond and, with substantial accuracy, the Bond no obligations to make payments to, give notices on behalf of, amount of the claim. or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the 10 The Surety hereby waives notice of any change, including changes Contractor: of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. .1 Have furnished written notice to the Contractor and sent a copy, or notice 11 No suit or action shall be commenced by a Claimant under this thereof, to the Owner, within 90 days Bond other than in a court of competent jurisdiction in the location in after having last performed labor or last which the work of part of the work is located or after the expiration of furnished materials or equipment one year from the date (1) on which the Claimant gave the notice included in the claim stating, with required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last substantial accuracy, the amount of the labor or service was performed by anyone or the last materials or claim and the name of the party to equipment were furnished by anyone under the Construction whom the materials were furnished or Contract, whichever of (1) or (2) first occurs. If the provisions of the supplied or for whom the labor was Paragraph are void or prohibited by law, the minimum period of done or performed; and limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in part from the Contractor, or 12 Notice to the Surety, the Owner or the Contractor shall be mailed not received within 30 days of or delivered to the address shown on the signature page. Actual furnishing the above notice any receipt of notice by Surety, the Owner or the Contractor, however communication from the Contractor by accomplished, shall be sufficient compliance as of the date received at which the Contractor has indicated the the address shown on the signature page. claim will be paid directly or indirectly; and 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to .3 Not having been paid within the above be performed, any provision in this Bond conflicting with said 30 days, have sent a written notice to statutory or legal requirement shall be deemed deleted herefrom and the Surety (at the address described in provisions conforming to such statutory or other legal requirement Paragraph 12) and sent a copy, or shall be deemed incorporated herein. The intent is that this Bond notice thereof, to the Owner, stating shall be construed as a statutory bond and not as a common law bond. that a claim is being made under the Bond and enclosing a copy of the AIA DOCUMENT A312 , PERFORMANCE BOND AND PAYMENT BOND , DECEMBER 1984 ED. E, AIA <_ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 5 THIRD PRINTING E. MARCH 1987 • 14 Upon request by any person or entity appearing to be a potential • engineering services required for performance of the work of beneficiary of this Bond, the Contractor shall promptly furnish a copy the Contractor and the Contractor's subcontractors, and all of this Bond or shall permit a copy to be made. other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment 15 DEFINITIONS were fumished. 15.1 Claimant: An individual or entity having a direct 15.2 Construction Contract: The agreement between the contract with the Contractor or with a subcontractor of the Owner and the Contractor identified on the signature page, Contractor to furnish labor, materials or equipment for use including all Contract Documents and changes thereto. in the performance of the Contract. The intent of this Bond shall be to include without limitations in the terms "labor, 15.3 Owner Default: Failure of the Owner, which has materials or equipment" that part of water, gas, power, light, neither been remedied nor waived, to pay the Contractor as heat, oil, gasoline, telephone service or rental equipment required by the Construction Contract or to perform and used in the Construction Contract, architectural and complete or comply with the other terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 is deleted in its entirety and the following is Dispute, such claim. Rather, the Claimant's sole remedy shall be substituted in its place: the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it under this Bond 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted proof of claim sworn to by Claimant with Paragraph 12 shall be amended to add the following paragraphs: adequate supporting documentation proving the amount claimed • is due and payable, the Surety shall, within 90 days, notify the CLAIM NOTICE for the LIBERTY MUTUAL INSURANCE Claimant of the amounts that are undisputed and the basis for COMPANY must be sent to the following address: Liberty Mutual challenging any amounts that are disputed, including, but not Insurance Company, Interchange Corporate Center, 450 Plymouth limited to, the lack of substantiating documentation to support the Road, Suite 400, Plymouth Meeting, PA 19462-1644. claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, pay or make arrangements for payment CLAIM NOTICE for the FIDELITY AND DEPOSIT COMPANY of any undisputed amount, provided, however, that the failure of • OF MARYLAND, ZURICH AMERICAN INSURANCE the Surety to timely discharge its obligations under this COMPANY, COLONIAL AMERICAN CASUALTY AND paragraph or to dispute or indentify any specific defense to all or INSURANCE COMPANY and/or AMERICAN GUARANTEE any part of a claim shall not be deemed to be an admission of AND LIABILITY INSURANCE COMPANY must be sent to the liability by the Surety as to such claim or otherwise constitute a following address: Zurich Surety Claims, 3910 Keswick Road, waiver of the Contractor's or Surety's defenses to, or right to Chesapeake Building, 4th Floor, Baltimore, MD 21211, Attention: Surety Department. • (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) • See Attached Signature Page • Signature: Signature: • Name and Title: Name and Title: Attomey -in -Fact Address: Address: AIA DOCUMENT A312 PERFORMANCE BOND AND PAYMENT BOND l; DECEMBER 1984 ED. S AIRS THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312 -1984 6 THIRD PRINT1NG 1987 ATTACHMENT TO BOND NO. 014056009 / 9029334 SURETIES Surety A Liberty Mutual Insurance Company �-- 8044 Montgomery Road Cincinnati, OH 45236 State of Incorporation: MA B Limit of Liability: 50% S _ - - _ , Attorney -In -Fact Surety B 1 Fidelity and Deposit Company of Maryland 1400 American Lane Schaumburg, IL 60196 --- . State of Incorporation: MD By: Limit of Liability: 50% Stacy Rivera , Attorney -In -Fact Surety C State of Incorporation: By: Limit of Liability: , Attorney -In -Fact 293921 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company "), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint JEANNETTE PORRINI, STACY RIVERA, ALL OF THE CITY OF HARTFORD, STATE OF CONNECTICUT.......... .. . .... . , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/100*****"*"*"***********""*""*" * DOLLARS ($ 100,000 ,000.00 * * * * * * * * * * * * * * * * * * ** ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE XIII Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such • attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. .a • C By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: us C Pursuant to Article XIII, Section 5 of the By -Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. 1 w 4 That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. • cts IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of T Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 7th day of June d 3 2010 E 'N O LIBERTY MUTUAL INSURANCE COMPANY 0 +: By Lv -^r.* j/- r I C R •.W Garnet W. Elliott, Assistant Secretary • COMMONWEALTH OF PENNSYLVANIA ss • • d COUNTY OF MONTGOMERY c On this 7th day of June , 2010 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged o'- that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above w Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. im IN TESTIMONY WH ,e -unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year •� o first above written . O # ' q" � °° COMMONWEALTH OF PENNSYLVANIA > iV !.« :'Ca N e sal �. Teresa - Par •s ite, Notary Pxtrt ' ymcv #y 1 , Mottgociery County By Z V i Z : t 1y Coa Expires March 28. 2013 Ter sa Pastella, Notary Public M1 ytp h1iYi:ly°YPQ!a ^reYWanil A3".CAfi#i CfJ{f#!' CERTIFICATE ' I, the undersigned, Assistan ecretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing _ is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of By i David M. Carey, Ass fit Secretary ..E.,-.0s..v.,-A -Th.ey-=• , , -d.`-- . c-... ASSETS 0=utot Year I F*Yems 1 7 . 3 4 Ild,1.6.4=1 _ . 14=mi.:8,ad ' Itsr.5, 8S.1).4,85,4 Ansel. _p*..,1-21 - As:241r 11,425,7%825 11.475.785,895 ' 11,098a,%1 . 2 2Szacr_tSch5dicnk - 2:1 Pmbscfshax 787_27432 1873763113 7937.2705 22 Cczursva LS:GIS 9,135_eg7,5C, 2 .1 33 .572,55Z 7 . 5 78,471333 3 .14.1gaps ball cri sr.leskk (5clIt If RIM:as 512,[727_7621 512.822.782 54081252 • 1.2 Cratclia.asfsr4 fcrer 4_ _ • _ 7 '.,., - - LT FraFmfatcwit4 kg Illecoolpsosy(1=sr 5 ilernserrsboarim) M7,172,538 /...172.531 425,532.165 . 42 FaTesid.17edd for fi)c p.30s5sta of irorrellcs.S If "otairnbratatc) 278,282. 7871,262 ■ 112,3.9:2 43 Psspsdes Ws/ EcrEkpmF - .... S. C-‘ _ 3£19,95, Sclied:& E- scone:kat:I (S 82172,564. SchtZulci--Pad 4..84144km. iiiis.-.-:th{ 332,7150,8%, So7 13N g2-?-4V 821,332.4EZ 1.342,13,WE ' . CnoL-actbacssis Opera:am ads) _ 7: 131xecknabd.serg (6.13.7ades8A) 5 271.15a„575 225.157 5 .774444 /9 & ReceivaSieskr.runra 17271,64 1 22r1,548 2,858,0% 4. AparesssZinfarizn=dei ,ta=fr - - .. 18_ 5,4=ka.4 rasio w,tlim.eas6 az:Is-Pet 1 lo 2f 221.802.2aQ8 2W757 28 ./8 8 , 6 24.665 WksKszArrt. 31 218p.ds 1=5'S• r cis ifeinsureAscrsIii - 12 1 . 6 itchociiecoancluew.I accrced 1317%,777 133,122,777 1413,135.757 13. PpcsamemmalconsiSsz 133 Lizoy bed agsaaelaccs.34 he nousst-3/1.71.6ces 3 23743 14,73222:1 VA.S2...cn 1.a1ss34 132 Dthaed }swans, EgsS tott in4231 bcokul 118 IfeEsrced ref rct 1. greacTsng 0 escnectbstimbilitti pc 1.512,4511.073 1,519.451,7173 1,521277,150 113 /0221.57thasaernsprea8.8 358,445,346 35 .W.4.535 122 3 50 ,311 333,524.527 14. Flarcar-ou .. 14_1 Jorst4115/85t2te:calivE¢07 mists/2m _ g,V.%',532 1.25,537 521,3:0,1103 142 FunerafxklBirt 154.1461re7ssstmxtrasv.sics _ 13.27,7320 11527820 172023 143 Of.4,4•7 asrancemntrads . 15. A unkr g cr a: t F2wces Z1.035 11418 2677 175,315 • %A Ctsrad Wesal all latrass ixarec las rezveratra ard iskdrs1 Sheir.0 213,172.13% 31.1.1721338 182 74.713r:Enal kicust2 1 1 IA3,125531 1 648;183258 7_ GuacraiyirrZys seenstie-Er .1 r1.•4.4 328.8.47 32,24849 32,552,8 1a. Sterai•c:1. Eccoteirs' Eq4z211.1z1v5setsvwe 312,15-2372 257221314 31,382,535 532+11.1:04 1 4 _ 1.25,1314,2z5 1.%,0142:25 2 a- lid .4.7 i ..5:42, .1 5s1s. 0.,c to krekal ass:blame-4-1m 21 Ra.ssi.Ver, Era srtl,r...13.74.6sactimVssda 348223317 . SW 34021037 • 31214508 1 lil wtcgotramaxim nsneirabk • 23 Ame*;#e tsy=55,47 s,.=e. 713.855.73 32,942_,%6 15t5,2:Eg4T nsfas • 24- Td......1.=:sircr,43SA....378x. Segregaledisaxonlr Erki - ' PrasdeS Cr_SAcazt_41,..c In b 4 31 323 34...3,(325 3z,sbapim ea 21 F-Amas Sa p enee..4.00.4 s..Scerst 6 rdeSnmartEs.adi.rulecite Cell Arra.4-7& 21. 711.7 11..1na24 als1 35,470,142%8 5359.]p5 .4s 34233.4%535 5254238u% - LE7A8-1 W12187E-117 IMES 0331. • - 17332 CCM. • C698. a.:53nrari cfressal=ng %Oz.-km fxr•Lire. 0? full osmilcmp.ga - 0%. Tc7... /1..ine= 0301 6nr..4, t803Fius.558.8) {Lift SAa....e.) 2371.. Cars1J &-rows5wV-AcMire...v-ancrs 3332813% 3E3281336 .2-S8.631,573 7312_ Asocork, rece71,27,414,55.11191s dtdmsbis,poreo,/ 172.372,2c0 1151154 177204146 1 S6.. Oftwa•z.mit 132,7154 27 . ,34 . 50 7 52 155 .537:1% 2395_ .5.-y dreazabbspsae-insia Line 73 6-cni DY=111.•,Pa2 27,3515% . V,334,616 - 35542.033 2399. Td t /Ars 2328) 11..1.c 23 alx,c) 715,85571B 35049.955 - 575247 715140331 _ - . . 1 - EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY - LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of Assistant Secretary FIDELITY AND DEPOSIT COII`' Y OF IYFARYLAND 3910 KESWICK ROAD, RAI-TIMOME, IM(D 2121 1 -2226 • Statement of Financial Condition As Of December 3 1, 2009 ASSETS • Bonds __ - .-------- - - - - -- -- - I56S 84,995 Stocks_ - - - -- »_. 22,537,672 Cash and Short Term Investments _.. - __•-- - - - - -- -_ __- 9,719,598 Re± surance Recoverable,,_,- - .__ -- - -__ -• - -- 9,347,241 Other Accounts R.eceivable.- _. - - -_ __ -- - - -- -_ -- - 51,052,264 TOTAL. ADMITTFDAssErs - -- -- -. N 249,241,769 LIAE1T.TTEES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses - -- ---- -- - - -- - - - -- - - ^_ - - -_ $ 76,835 Ceded Reinsurance Premiums Payable._---- __ - -- -__ -- 58237,612 Securities Lending Collateral L- iability._ 5,511,875 TOTAL LTA BTLrITES_ $ 63,826,322 • Capital Stock, Paid Up_ _ . -__ -- - .__._.-____ - -- $ 5,000,000 Surplus - - - - -- - - - - _ -T - - -- - - - -- _______ 180,415,448 I 80,415,448 Surphrs as regards Policyholders- .----- • - - - - - - - -- - - -- - - 185,415,447 TOTAL _._----- .._.__- - - - - -- - -• -- _ - $ 249,241,769 Securities carried at $38385,957 in the above statement are deposited as required by faw_ Securities carried on the basis prescribed by the National Association of Insurance- Commissioners_ On the basis of December 31, 2009 market quo�tions for all bands and stocks owned, the Company's total admitted asset would be $247,657,513 and surplus as regards policyholders $186,999,703. _ • I, DENNIS R KERRIGAN, Corporate Secretary of the FIDELrrYAND DEPOSrr OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities o f the said Company on the 31st day of December, 2009. • 4 • Corpora re Secretary State ofIllinios City of Schaurnburg } ss' Subscribed and sworn to before nic a No hay Public of the State of Illinois_ in the City at this ISth day of March, 20I0_ ktARLW 6- SARABYN U )lrormy Rrbric oFI cI?&L, hil COMMISSION E?FIRES< sEAL. zo NOVEMBER 25, 2011 C F DF R .e-'1... - _.•� � n�_n � -�r..e- re- -\ n n -