torres rojas, genara /-'y.',-^y/v'-f>/'^v' / from ......full force and effect on the date hereof,...

Torres Rojas, Genara /-'y.',-^y/V"'-f>/'^V' /

From: [email protected] Sent: Tuesday, May 01, 2012 5:05 PM To: Duffy, Daniel Cc: Torres Rojas, Genara; Van Duyne, Sheree Subject; Freedom of Information Online Request Form

Information:

First Name: Sue Last Name: Meyers Company: Bruce Supply Corp Mailing Address 1: PO Box 1117 Mailing Address 2: City: Kearny Slate: NJ Zip Code: 07032 Email Address: mamiacoi7>oraiion(g)aol.com Phone: 2019917! 11 Required copies of the records: No

List of specific record(s): I am looking for the name of the bonding company and the bond placed with you on the Delta Terminal JFK Airport. My contractor was Bass Plumbing and Heating. I think Bass is the GC but he may be a sub, Please c-mail me back at vour earliest convenience.

mailto:[email protected]

THE PORTAimiORITY OF NY& NJ

Daniel D. Duffy FOI Administrator

Augusts, 2012

Ms. Sue Meyers Bruce Supply Corp. P.O. Box 1117 Kearny, NJ 07032

Re: Freedom of Infonnation Reference No. 13147

Dear Ms. Meyers:

This is a response to your May 1, 2012 request, which has been processed under the Port Authority's Freedom of Information Code (the "Code") for the name of the bonding company and the bond placed with the PA on the Delta Terminal al JFK.

Material responsive to your request and available under the Code can be found on the Port Authority's website at httpi/Avww.panvni.uov/corporate-information/foi/l 3147-C.Ddf. Paper copies of the available records are available upon request.

Certain material responsive to your request is exempt from disclosure pursuant to Exemption (1) of the Code.

Please refer to the above FOI reference number in any future correspondence relating to your request.

Very truly yours,

Daniel DwOuffy FOI Administrator

225 Park Avenue South New York,, NY 10005 T:212 435 3642 F: 212 435 7555

LABOR AND MATERIAL PAYMENT BOND ConlDniM wWiTta Atmrtoan IrvUtutt of AwMueta

AXA. DoGumMit NO. A ^ l l

B o n d N o . PRF898897g

TH(B BOND la »&UeO SIMUtTWEOUSLV WITH P8RTORMWCC 9OH0IH MVOR OP THE OVmSR COWMTIOHEO 0« THE f U a MO fWTHWi. f>6RF0RNM«CB O? Wa COHTRACT

KNOW ALL BY THESE PRESHKTS: Ibat PETER SCALAMANDRE & SONS, INC. 157 ALBANY AVENUE FREEPORT. NY 11520

as Piiaoipal, bodnafter esUed Priscipal, end. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE S C H A U M B U R 6 . I L 60196

as Surety, herdnsftcr etiled Surety, are held uid flnnly bound unto DELTA AIR LINES. INC. 1030 DELTA BOULEVARD ATLANTA. GA 30354

(>*ra kaari M Wfflt «ntf aMwu Of Had Na Of CMtteter)

(HM mMrt Ul AfltM ond aditaM or l^ltf M l of 8u«y)

(Hm Mwt hO AMM Md KMmu or Mgil Bfa of Ow

LABOR AND MATERiAL PAYMENT BOND

NOW, IHERBPORE, T H B CONDITION O F THIS O B U O A T I O N (S lueh that, UPtta^pti ttaU pfottpdy msfee payment to al) etainaflts «i hmluf l^ . definedt ( » all Ubor md inateriat used or reasooibly requiied Ar uia te the perfonntoceor dw Contiae^ (ben (bit obOtatioii ibsU be mid; otbenvis* it sfaal mnftlB in fl)II fitfM and afltot. midfeet, however, to the fbllowiitB eoitditioAi:

1, A cbfaunl U dfftotd u on» havbv a dlroet oontraei whh iha Prtndpil or wtali a Subcoatraoor of At hledpal tar tabor, maierial, or boA, and or remaaUy required fitr nie (n dia perfennaftee of the CociMet, tiitor and nturlil betni oosnnied to behide that part of water, gas, power, tigbc heat oil. tasoUneb tetcphone service or raitil of aqtdpmnt dincdy ipirfieobli to (he ContRct.

2. The tfnve named Priooipal and Surety hirdty jointly and sevarally agreo wiib (ha Owner ihai sveiy cliimini u hercte defined, who has not bora paid hi lUI bsfltr* iha cxplruloA of a period of nioety {9Qi) days after dte dau on wUch Hie las of luch elahainff work or [abor was dona or perfofflted, or eisttrUli were Itoilihed by cueb elilmnl, may sue on lUs bond tbr tba luo of sueb claimant pnaeouu Ae mit (o final Judfmftn fin web sum or nuns as may be ioHIy dua clalmuit, and have execDtkm thefoon. Ths Owner shall not be Usbia Ibr iba p^nnert of ai^ ootis or axpeosei of any such suh.

3. No nrit or aetton shall beoomnxneed herenodcr by any claimant!

win (bmlilM^ or ftn-wbom the work or labor wai done or p«ft>nBed. SocK: .1 Dotke shall be scnwd hy malUag lbs ante by roglfiered nail oe ocAJfieSf •'' nail, panaga prepaid, In an envel^e addtetsed to the fthwipal. Ovwr, oi ' SoTMy, at any place where an ofRee is regularly nsidtiiDed ^ . dii iraostclioo of boslness. or served to any manner bi whicb tagal pTocau may be lened In Iba state (n whkfa the afiiiHsId pmject li tocalad, save tet aueb larvlcaneed not be made by a pubUo offleer.

b) After Iho apindton of one (I) year ibOowhis the date on whtob Priac(pal ceased Work on said Contract it bdog mdentood, howavar, dial If any [Imitation «mbo(fisd b dtis btmd b prohibited by any law ooatrolllof (ha eottstaucdoQ hereof neh UmUathm than be deemed to be ameedad ca as to be equal to dia mfadmuro priod of Uffiltitfcm pemdttfd (^ nch law.

o) Otber than la a tiaia oouTt of eodtpettnt jwifdicitoA In and fbrtfie county or odw politieaJ mbdjvision of (he state in which die Pno'eoi, or any part (hereof is situated, or in iha United Statca Dlifrict Ooart Ibr (be diibla la which the Pnjcet, or say part tberaoC Is alttiaCet̂ and Dot ekawhan.

a) (Mess claimnl, other dwn one having a direct contract wlih the Prioeipal, shall have given written notice to any two of the fbltowhg: the PriocipaL the Owner, or dit Surety above oamed, wtthln nintty (90) dtyi after sveh dslmant did or pnfomicd die b a of Ae work or hboi, or fUmUhed (be Ian of (be matcrlali tbr whteh raid clafan b made, itatlag wlib nbstantid aceun^ the imoirat claimed and (ha nime of (he pany ro wbomibanUKnab

4. The ameuU of this bond ihall be reduced ty and to dw eatam of any payment or payments made In good bhb bareunder, fndiutva of the paymcm by Sartiyof meduuid^ IJCDS wUeh may be fUcdof rcoont against laJd la^raveoitnt, «4ie(hcr or not olaim fbr (bo anmint of rach Ikn be pretfintcd onder and agiinit (his bond.

Signed and sealed this gTH day of SEPTfiMfi^R 2010

(Witness) { PE'BGRSeWLAMANDRE & SONS. INC. (SaJ)

(Principal)

•C «lfiS/0&AJ^(TOt«)

FIDELITY AND DEPOSIT COMPANY OF MARYLAND (Seal) (Witness) f (Surety)

{ ROBERT T.'PEARSON, ATTORNEY-IN-FACT f j l f l ^

6-1220/ PopeZoTZ

, 4

ACKNOWLEDGMENT OF PRINCIPAL - rP A CORPQRATION

STATE OF N^dmfk \ , , COUNTY OF . . ^ A r ^ W c , . /

Oivlhte . ^ . . . , ! J . day of . ^ . ^ A X ^ Q L Q before me personally appeared

.xilLcS * ^ A A : 4 . A ; ^ ^ . ^ . ( < y L - In he known, who, being by me duly sworn, did depose and say; that he/she resides at.... ,.... j,.ythat he/she

is the President of : ^ / 3 ^ . . ^ . < : i ^ 4 ^ . ' S ^ . - ^ ^ /^. .^. . . the

corporation de8crlt>ed in and which executed the within Insurance Instrument; that hs/she knows the seal of

said corporation; that the seal affb(ed to said instrument is such corporate seal; that fs was so affixed by the

Board of Directors of said corporation; and that he/she slgnedjils/hj^r name theretcj^y lik^ order.

^, , GINA S. QREENHILL AGKNOWLEDOMENT OF PRINCIPAL >tPlNDlVIDUAL OR Fllt«t«ry Public, State of New Ybrti

No. 01Gn4o67ZOD . oTATc rxx: -. Qualified In Suffom County / STATE OF \ Ootwnlsalon Expires October 8 . 2 0 ^ COUNTY OF ^ ^^

} On this day of; before me personally appeared

to me know to be (the Individual) (one of the flrni) of described In and who executed the within Instrument

and he/she thereupon acknowledged to me that he/she exetxited the seme (as the act and deed of said firm).

STATE OF ..':f?r;x?i!f.. COUNTY OF ..f.l???!'.

ACKNOWLEDGMENT OF SURBtY COIMPANY

.. } ss On this ....».'n?.?r.?i.??.1?. before me personally came ,...?.?.'??.̂ ..T:.?.t?/.»?.?.

to me known, who, being by me duly sworn, did depose and say; that he/she resides (n

State of.. :., that ho/she Is the Attorney-in-Fact of the •.t}^?yM?^.9?.?^t9?^Xf:^:t°\}^?!^}f!l'i. the corporation described in which executed the

above Instrument; that he/she knows the seal of said corporation; that the seat affixed to said Instrument Is 6Uoh cotiporate seal; that la was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affldnt did fUrther.depose and say that the Superintendent of insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New Yortc, tesuedto f)WI%.'!??.R?P.'S!*S?I?KW.?.'.K?xW (Surety) his/her certificate of qualKIcatlon evldendng the qualification of said Company and Ks sufficiency under any law of the State of New York as surety and guarantor, and the propriety of accefAlng and approving!} as such; and that such certificate has not been revoked.

Notary Public

NY actowwletfgetftcnt MELISSA SARACINO Notary Public. Rtalo of New York

No.01SA615589i) Otmtilietl in Nnssaii County

Onmmii-sion Expiros NovBmbor 20,2010

jvazquezTypewritten Text(Ex. 1)

jvazquezTypewritten Text

Power of Attorney FIDELITY AND DEPOSIT COMPANY OF IWARYLAND

COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the Stateflrfâryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretaiy, in pursuaMe pfj^^h8R^|rahted by Article VI, Section 2, of the By-Laws of said Companies, which are set forth o n ^ e - w v ^ S ^ ^ Fiwt5fjand«evfiêby certified to be in full force and effect on the date hereof, does hereby nominêrft^j^û^turap^ Rita SAGISTANO, Gerard S. MACHOLZ, Susan LlJUPSfe^gC!^!!^^^ and George O. BREWSTER, all of Garden City, Neî Y f̂fliî ^^H^Sjnê^^d^lîJ^SAirSnd Attorney-in-Fact, to malce, execute, seal and deliver, for, and on its execution of such boi^^^^ and amply, to all inteiurani ofthe Company at it: behalfofRobertT. P'

itSr^pnafiQ;̂ ^^^ icny and ail tionds and undertakings, and the n^k^finese presents, shall be as binding upon said Companies, as fully

Ud been duly executed and acknowledged liy the regularly elected officers ., in their own proper persons. This power of attorney revoices that issued on

I, Rita SAGISTANO, Gerard S. MACHOLZ. Susan LUPSKI, Camille MAITLAND, Frederick BEAN, George O. BREWSTER, dated October 1,2008.

The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, ofthe By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals ofthe said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and (he COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of November, A.D. 2008.

ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

£^ A/^w^ By:

Eric D. Barnes Assistant Secretary William J. Mills Vice President

State of Mary land City of Baltimore

Iss :

On this 20th day of November, A.D. 2008, before the sulascriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution ofthe same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to (he preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.

. 1 1 ' " I ' " 1 , ,

; Vi- . ' .I 's-' Cr^ . - c t ax>^- f^ -̂-̂ -̂

Constance A. Dunn Notary Public My Commission Expires: July 14,2011

POA-F 093-0065A

EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND

"Article VI, Section 2. The Chairman ofthe Board, or the President, or any Executive Vice-President, or any ofthe 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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on twhalf 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 ofthe Company thereto."

EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

"Article VI, Section 2. The Chairman ofthe Board, or the President, or any Executive Vice-President, or any ofthe 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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-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 ofthe Company thereto."

CERTIFICATE

I, the undersigned, Assistant Secretaiy of the FIDELITY AND DEPOSIT COMPANY OF Î IARYLAND, 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 th^ said Power of Attorney was one ofthe 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 ofthe following resolution ofthe Board of Directors ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and ofthe Board of Directors ofthe 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 ofthe 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 ofthe said Companies,

this 9 th day of SEPTEMBER , 2010 ,

Assiilanl Secretary

^ ^^v.v

FIDELITY AND DEPOSIT COMPANY OP MARYLAND

3910 KESWICK ROAD. BALTIMORE, MD2I211-2226

Statement of Financial Condition As Of December 31,2009

ASSETS Bonds $ 156.584,995 Stocks 22,537,672

Cash and Short Tonn Investments 9,719,598

Reinsurance Recoverable 9,347,241

Other Accounts Receivable 51,052,264

TOTAL ADMITTED ASSRTS $ 249,241,769

LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 76,835 Ceded Reinsurance Premiums Payable 58,237,612 Securities Unding Collateral Liability 5,511.875

TOTAL LlABrUTIES $ 63,826,322

Capital Stock, Paid Up $ 5,000,000

Surplus 180,415,448

Surplus as regards Policyholders 185,415,447 TOTAL $ 249,241,769

Securities carried at $38,385,957 in Iho above statement are deposited as required by law.

Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On (he basis of December 31,2009 market quotations for all bonds and stocks owned, the Company's total ndmilted assets would be $247,657,513 and surplus as regards policyholders SI86,999,703.

I, DENNIS F. KERRIGAN, Corporate Secretary ofthe FIDELITY AND DCJPOSH COMPANY or MARYLAND, do hereby certify that the foregoing statement Is a coirect exhibit of the assets and liabilities of (he said Company on the 31 st day of December, 2009.

Stateorillinios x

CityofSchaumburg / ^^*

Subscribed find lu-orn (o. bcfbrc inc, o Notary PuUic of tiK; Slale of llllnott. in the City of Scliniimbitrg, ihii 15it) dny ofMoich, 2010.

^ M P t S . ] U Notary hibttc p ^ V ^ A MWLOaSARABW 5 L°^/'5'*^t.'.W COMMISSION EXPiHfS< i...«^.-A/ NOVE(rtflHI2b.201l ^

^A 'VAVfc . v ' * / * / \ ^ . ^ ^ . A r t A ^ A / * A '

Bond No. PRF8988g79

PBRFORMANCEBONP

HCf̂ OW A U MEN BY THBSH PRESENTS, That we. PETER SCALAMANDRE & SONS, INC.

tMlted "Principal'') e> Wndpal. end FIDEUTY AND DEPOSIT QOMPANY OF MARYLAND / to do bu8lne$8 In the Slate of MD (hereinafter called "Su foy ) ore heM artd fimily

VpWmd/nIO DELTA AIRUNES ( N C . 103Q DELTA BOJLEVARD. ATUVNTA. GA 30354

-(heiBlnafter celled 'X)bfioee") ee Obligee, in the penal w m of TWELVE MILUON SIX HUNDRED THOUSAND A N D 00/100

fSt2.600.000.00> • D d X A R S . 9o0d end tawftjl meney of the United States of America, for the payment of wMoh, WBU and truly to be made, we i b ' W d oursehMS, our hairs, edmlniitratore, executore, tuccestore. and ees^piSi Jofntty and sovefaDy, fimily by these fitaeents.

' WHEREAS the above bounden Principal has entered Into a certain written Contract with the above nanied Obligee, etectivotfw 2STH day of AUGUST . 2010 .andtemtlnaltngthe^iST

dey of APRIL . 2011 .. 'or DELTA JFK/IAT REIJEVELOPMENT PROGRAM, PHASE \. STATE I. TAXIWAY A/B-

-whlch Contract te hereby referred to end made a part hereof a» fuDy and to the extent as (f copies at length ware attached •herein, except that nothing said therein shall alter, enlarge, expend or otherwise modify the term of the bond as set oi;t M o w .

' NOW. THEREFORE. If the Prtnelpal shall comply wHh and faithfully perform the temie of the Contraot. then this bond -',fh«n be null arKi void, otherwise to be In full fbrce and effect. This bond is executed by (he Surety and accepted by the , iOMIgee sut^eot to the following e)g>fei8 condition:

Notwtthstending the provisions of the contract the term of the bond shall apply from AUGUST 25 ,

. 20)0 , until APRIL'21 , 2011 . and may be exterwfed by the Surety by Continuetlon Certlficata. However, neiltwr nonrenewel by the Surety, nor the failure or Inabillly of the Prtnelpal to file a replacement bond In the event of nonrenewal, shall l l s ^ constitute a loss to the obligee recoverable under tttis bond or any renewal or continuation thereof. Surety's liability under this bond end all continuaticn certlflcates Issued In connection therewith shall not be cumulative arul shall In no event exceed the amount as set forth In this bond or in any addftlons, riders, or endorsements properly Issued by the Surety as supplements thereto.

Sealed with our seels and dated this 9TH day of SEPTEMBER 2010

WITNESS:

I n l 5'tr';R?o:T IPJ AECOM USA, Inc.

PETER SCALAMANDRE & SONS, INC. 157>t8ftNy AVENUE FRltEPORT>Ny 11520

By: ^ ^ "=pfB¥iDeJtT

FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1400 AMERICAN LANE. TOWER I. 19TH FLOOR SCHAUMBURG. IL 60196 ^

ROBERT T. PEARSON Attorney-in-Fact

. / • • • . • , | \

XOP

Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND


KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ofthe StaleflVfâryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance pf^^bSHV^ranted by Article VI, Section 2, ofthe By-Laws of said Companies, which are set forth o n i J ^ ^ f S ^ ^ hartSt jJ id^^reby certified to be in full force and effect on the date hereof, does hereby nominalerXf^^^Ûiu''^ Rita SAGISTANO, Gerard S. MACHOLZ, Susan L U P S ^ ( l ^ ^ i ^ 1 v i j U T - k A N ^ ^ and George O. BREWSTER, all of Garden City, Ney^y^fflt^ ^^teiflSTiTê^CTdW&ag^'^ Attorney-in-Fact, to make, execute, seal and deliver, for, and on its execution of such boi^^^^ and amply, to all intcii&atfi ofthe Company at it behalfofRobertT.

ly and all bonds and undertakings, and the iese presents, shall be as binding upon said Companies, as fully

bd been duly executed and acknowledged by the regularly elected officers ., in their own proper persons. This power of attorney revokes that issued on

I, Rita SAGISTANO, Gerard S. MACHOLZ, Susan LUPSKI, Camille MAITLAND, Frederick BEAN, George O. BREWSTER, dated October 1,2008.

The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, ofthe By-Laws of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals ofthe said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of November, A.D. 2008.

ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

^ A / ^ w ^ / ' • ' ^ , / •

By: Eric D. Barnes Assistant Secretary William J. Mills Vice President

State of Maryland City of Baltimore } ss:

On this 20th day of November, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution ofthe same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers ofthe Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations.


.o'"i'"";"'.

*tlM H*


POA-F 093-0065A


"Article VI, Section 2. The Chairman ofthe Board, or the President, or any Executive Vice-President, or any ofthe 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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-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 affbc the seal ofthe Company thereto."


"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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-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 ofthe 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 ofthe following resolution ofthe Board of Directors ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and ofthe Board of Directors ofthe 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 ofthe 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 thou^ manually affixed."

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals ofthe said Companies,

•his 9 t h day of SEPTEMBER , ?n in -

Assistant Secretary

FIDELITY AND DEPOSIT COMPANY OP MARYt̂ ND

3910 KESWICK ROAD, BALTIMORB. MD 21211-2226

Statement of Finflnclal Condllton As Of December 31,2009

ASSKTS Bonds $ 156,584,595 Stocks 22,537.672

Cash and Shoit Term Investments 9,719,598

Reinsurance Recoverable 9,347,241

Other Accounta Receivable 51,052,264

TOTAL ADMITTED ASSRTS $ 249,241,769

LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses S 76,835 Ceded Reinsurance Premiums Payable , 58,237,612 Securities Lending Collateral Liability 5.511.875

TOTAL LlABILIT(t:S $ 63,826,322

Capital Stock, Paid Up $ 5,000,000

Surplus 180,415,448 Surplus as regards Policyholders 185,415,447

TOTAL $ 249,241,769

Securities carried at $38,385,957 in the above statement nro deposited as required by law.

Securities canried on the basis prescribed by the Nationul Association of Insurance Commissioners. On the basis of December 31,2009 marlcol quotations for all bonds and stocks owned, the Company's tolal admitted assets would be $247,657,513 and surplus as regards policyholders $186,999,703.

1, DENNIS F. KERRIGAN, Corporate Secretary of llie FtDELrTY AND DGPOSIT COMPANY or 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.

Li:: -«-C^ Corporate Secretary J

v . . . / « i o w . n u i i i ™ i i j J ^

Subscribed nnd iwam (o, belbrc me, n Notniy Public ofthe Slntc ortlllnoli. in the City of Scliunnbmg, this I3lh dtiy ofMiuch, 2010.

¥ >St»C2. 5 U Nt,MryP»blit / S ^ T ^ MARLOaSARABVN > ( oFRCWi (jYCOMM18aONE)(PiHE3< W . ^ - » ' N0VE(WE(12b.201l J

\ ACKNOWLEDGMENT OF PRINCIPAL - IF A CORP9RATION

STATE O F . . . N . ^ . ^ / 9 ^ f < ^ X COVHTY Of M j ^ S S M ^ ^ . f ^^

»» .....^......^. day of r..1^.9^.. ^ P J . ^ before me perBonally appeared

i A * < t . . i > ? ^ . ^ ( f r ^ ^ : ^ ^ . ^ } ^ ^ ^ . to be known, who. belna b:^me duly sworn, did depose and

say; that he/she resides at 4.., that he/she

Is the President of ^ j d S , r ^ S < . ^ . < ^ A M A s ^

corporation described in and which executed the within insurance Instrument; that he/she knows the seal of

said corporation; that the seal affbted to said instrument la such corporate seal; that Is was so affixed by the

Board of Directors of said corporation; and that h e / s h e ^ I g n ^ his/her namj^theraji j by like orde^

ACKNOWLEDQMEi r r OF P R H W W L - IF INDIVIDUAL OR W ^ ^ P u b l l l Stafe^ofTIteL \h r i . No. 01084867265 ™ ,

STATEOF \ „ CommiSi?«'t^^"®"''°"«County / COUNTY OF / ^^ Commlsalon Expires Octobers.^, ^

On this day of:..... before me personally appeared to me know to be (the Individual) (one of the f&m) of

. . . „ described In and who executed the within Instalment and ha/ahe thereupon acknowledged to me that he/she executed the same (as the act and deed of sakJ firm).

S T A T E O F ..Nfrf.X?;"?.. C O U N T Y OF..Na8»?H.

ACKNOWLEDGMENT OF SURETY COMPANY

SS

O n this ....?.?i;tembflr9,2qi_o before me personally came ....?.?.^.^..I:.?^?.';»°?.

to m e known, who, being by me duly sworn, did depose and say; that he/she resides In State of ...New .Yoric. „ , that he/she Is the/\ttomey-ln-Fact of the

•.f.'?.?'.'?f.«.??..R?PS?'.'.?.*J?'.e?.'!y.?t.'?.=.7.'.°̂ ?. the corporation described In wWch executed the

above Instrument; that he/she knows the seal of said corporation; that the seal afOxed to sakl instrument Is suoh corporate seal; that Is was so affbced by the Board of Directors of said corporation; and that he/she signed h(j8/her name thereto by like order and the affldnt did fljrther.depose and say that the Superintendent of Insurance o f the State of New York, has, pursuant to Section 11,11 of the Insurance Law of the State of New Yortc, Issued to f.'?.''.'itt,̂ '??.RlR=!?!lP.???fSW.?.'.M9w!?i'.'t (Surety) his/her certificate of quaTrficatlon evidencing the qualification of said Company and Its sufficiency under any law of the State of New Yoric as surety and guarantor, and the propriety of accer^ng and approving It as such; and that such certificate has net been revoked.

.(Mfe...

I-,. BaiidMtt.P«ra988979

mchaHîdttar tetfeft.3rd davflr S^Plembtr 2010 p^^^^ScîMnflndre A Soiu. loc. :as, :C*iii(ftfclifl'i SMprîTflftaiStftWa;WlttinftrittiHifa : PtHpAlrlJnti. |ig. " . ..;., . . . . • JigQwiiaKm JFK/IAT Rcdcwtopmcrt Proaram, Vbatt 1. Sfagt 1 Taxhwiy A/B . . . . . . bertlfi n f d n i t D t s thî ^ypnftniD^Bnd

WKERBA^the/Cointamtf timl^ " '" '" 'y "•»' " ' l ^ * Company of MairlanJ ;J^^ J J J , ^ ^ ^ J ^ J ^ ^^^jf^j^ , ^ iiefryeitd.id;stfi(ti^(«ner^tiiidrJoti)t^ •

W l i p : m ter^^vnerW reauMtetrfiat P»rt AathorityofNewVorkandN«wJcrwytiul JFKlnKrna'tloaalAir

1-criiUMiaC ' . • /T^^riaafiw called acHjUdlfetedtfewî^^^

âS.ftûQfijiitthiiCoiflnKtfir'biMii^^

liil'&lQr-itiilalaH^tfêd,;ik^''^ h|^yiii0t«e'tUiitlM aTfiitAiSdiBond iha)) iM'.-and;.ft iili ftitid«i>

.heret^: iimei«H as

'.i, T^B BUmî ftf Port Attlhority ofNew YarhniMl Wcy jmyy and JFK iBrtroallciiial Air T

I ACKNOWLEDGMENT OF PRINCIPAL. IF A CORPQRATION Msu j ^ /o /UL

STATE OF.......r-.^i.r:,':::: •> C O U h n Y O F . . ^ ( ^ ^ A . H „ I ^

^^_^ir. On this :r^.b^ day of .^.-^ZfcVr. . ^ / . J ? , . before me personally appeared .pi.T.J. fr:^h^^.!^.)f,.^ to be known, who, being by me duly swom, did depose and

say; that he/shS resides at , ^. o.......; -y that he/shtf

Is the y .L ' r^ . . President of. . . . J l ) L i M . 3 ( ± A f ) f ^ ^ ^

corporation described In and which executed the within Insurance Instrument; that h e / ^ knows the seat of

said corporation; that the seal affbced to said instrument is such corporate seal; that is was so affixed by the

Board of Directors of said corporation; and that he^ph^ signed h ls / t i^name thereto by like onier,.

ACKNOWLEDGMENT OF PRINCIPAL - IF INDIVIDUAL O H ^ g r f ^ n ^ ; f t a ^ e ^ R w Vbrk NO.01QR4867265 ,

STATE OF 1 Qualified In Suffolk County / C O I J N T Y O F ,. / ^* Commloaion Expires October 8» 2 0 _ i i

On this day o f ; — i before me personally appeared to me know to be {the Individual) (one of the flnD) of

«... described In and who executed tha within Instnjment and he/she thereupon acknowledged to me that he/she executed the same (as the act and deed of sakl firm)*

STATE O F . NfTf-r?;"*.. COUNTY OF..t ' .WfH.

ACKNOWLEDGMENT OP SURETY COMPANY

" \ SS

O n this ...,?.?Rt?f!!ter.??l'..2?.''.9 , before mo personally came ....?.V.̂ ,1.̂ .fP.?.'?. ^

to me known, who, being by me duly sworn, did depose and say; that he/she resides In „ „ State of ...New.Vorit. . . . thathe/shels the Attorney-in-Fact of the

f̂JHfi!?.°.?.̂ ..R?KS!*.9.°!ne."/!y.?f."?.'̂ .'̂ ^^^^ the corporation described in which executed the

Bbov& Instrument; that he/she knows the seal of sakl corporation; that the seal aflixed to sakl Instrurnent Is suoh ooiporate seal; that Is was so affbced by the Board of Directors of said corporation; and that he/she signed h(8/her name thereto by like order; end the affiant d d further, depose and say that the Superintendent of Insurance of the State erf New York, j i as , pursuant to Sectbn 11.11 of the insurance Law of the State of New Yortc, Issued to . . J ^ ^ ^ Z T ^ X f J T ^ ^ (Surety) his/her certlfloate of quaTrflcatkin evldendng tha qualification of said Company and Its sufficiency under any law of the State of New Yorkas surety and guarantor, and the propriety of accef^lng and approving Has such; aijjLthat such certificate has not been revoked. r\ ( C^\ r̂

NYietov»d«lg«Mnt .. ..JACQUEUNEMCNEIL

OuatlfledinNMsauCowrtv „ CommlsBlon Explrea November Z7, M i "


M



KNOW ALL MEN BY THESE PRESENTS: Tljat the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ofthe St^flrfâryland, by WILLL\M J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursiwMe ofjj®|[igtj^#^t by Article VI, Section 2, ofthe By-Laws of said Companies, which are set forth o n t h e - J ^ ^ ^ ^ ^ AweM^jnd^ti&f^^by certified to be in full force and effect on the date hereof, does hereto nominêHfcS;^^^$ino^^ Rita SAGISTANO, Gerard S. MACHOLZ, Susan U J P S l g g C ^ ^ i f f i S ^ 3 % 3 ^ ^ and George O. BREWSTER, all of Garden City, Ncw^Vfiaa ]^5"î*™S:yWR'^NTO Attorney-in-Fact, to make, execute, seal and deliver, for, and on i t s h s ^ i N ^ ^ ^ x J ^ ^ m }t&rtffCî^^0ai flny and all bonds and undertakings, and the execution of such b o i ^ ^ ^ w ^ a ^ i m r n g s j ^ i ^ ^ ^ y ^ t n e s e presents, shall be as binding upon said Companies, as fully and amply, to alt intvmsWdjiqmJ^s^^^hey^n^ duly executed and acknowledged by the regularly elected officers ofthe Company at its-^^îSâiwnore, Md., in theur own proper persons. This power of attorney revokes that issued on behalf of Robert T. P ^ ^ O K R'ta SAGISTANO, Gerard S. MACHOLZ, Susan LUPSKI, Camille MAITLAND, Frederick BEAN, George O. BREWSTER, dated October 1,2008.

The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Sectirai 2, ofthe By-Lavra of said Companies, and is now in force.

IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals ofthe said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 20th day of November, A.D. 2008.

ATTEST: FIDELrfY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY

^ A / ^ w ^ By:

State of Mary land City of Baltimore

Iss :

Eric D. Barnes Assistant Secretary William J. Mills Vice President

On this 20th day of November, A.D. 2008, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers ofthe Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the audiori^ and direction ofthe said Corporations.



POA-F 093^065A


"Article VI, Section 2. The Chairman ofthe Board, or die 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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf ofthe Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and mstruments in the nature of mortgages,...and to affix the seal ofthe Company thereto."


"Article VI, Section 2. The Chairman ofthe Board, or the President, or any Executive Vice-President, or any ofthe 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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-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 COLONL^L AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in fiiH 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 ofthe additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, ofthe respective By-Laws ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and die COLONL\L AMERICAN CASUALTY AND SURETY COMPANY.

This Power of Attorney and Certificate may be signed by facsimile under and by authority of die following resolution ofthe Board of Directors ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and ofthe Board of Directors ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5di 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 aflixed the corporate seals ofthe said Companies,

this 29 th day of September , 2QIJ3

d f ^

^ .


3910 KESWICK ROAD, BALTIMORB, MD 21211-2226

Statement of Financial CoiidKIon As Of December 31,2009

ASSETS Bonds $ 156,584,995 Stocks „ 22,537.672

Cash and Short Tonn Investments 9,719,598

Reinsurance Recoverable 9,3'I7,2'11

Other Accounts Receivable 51,052,26'!

TOTAL ADMITTED ASSRTS „ $ 249,241,769

LIABIL1TIBS, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ^.. $ 76,835 Ceded Reinsurance Premiums Payable 58,237,612 Securities Lending Collateral Liability 5.511.875

TOTAL LlABlLnriBS , $ 63,826.322 Capltflt Stock,Paid Up... $ 5,000,000 Surplus „ 180,415,448 Surplus 03 regards Policyholders „ 185,415,447

TOTAL „ $ 249,241,769

Securities carried at $38,385,957 in the above statement are deposited ns required by law.

Securities carried on the Irasis prescribed by \\vo Nationat AssocUtion of Insnrance Commissioners. On the basis of December 3), 2009 market quotations for all bonds end stocks owned, the Company's total ndinltled assets would be $247,657,513 nnd surplus as regards policyholders $186,999,703.

I. DENNIS F. KERKIOAN, Corporate Secretary ofthe FIDBLITV AND DGHOSIT COMPANY OF MARYLAND, do hereby certify tiv\t the foregoing statement is a correct exiiibit of the assets and liabilllies of the said Company on Ihe 31st day of December, 2009.

State of llltnios -| CityofSchaumburg / ^^*

Sitbsaitied and ivram to. bdtaR mo, nNoiAry PuhUc of ttw Slats of UllooU. n Htt city of SdmimhiuB. ^ ^

l̂ r̂̂ Notary Piibltc

LABOR AND MATERIAL PAYMENT BOND Confirms with Tlio American Inslituto of Archltocts

A.(A Document No. A-311

B o n d N o . 106510422 (Tra) 82206446(Fed) PRF9030855 (F&D/Zurtch) 018021188 (Lib)

THIS BONO IS ISSUED SlhlULTANgOUSLY MTH PERFOnHANCB BONO IN FAVOR OF THE OWNER CONDITIONEO ON THE FULL AHO FAITHFUL PERFORUAHCE OF THG CONTRACT

KJMOW ALL BY THESE PRESENTS: that

Bovlft Lend Lease LMB, Inc. 200 Park Ave., New York, NY 10166

(H«r« InaaH fufl nam* and addna* or logal tillo of Contntdor)

as Principal, hereinafter called Principal, and, (Hera InMH Ml ruttm and addreu or lepol Iltia al Surely)

Trsvoleni Casualty end SuratyCompany of America. Ono Tower Squaro, Hartford, CT 08163 Federal Insurance Company, IS Mountain View Road, Warren, NJ 070S9 * Fidelity and Deposit Company of Maryland, Zurich American Insurance Company, 1400 Amertcan Lane. Schaumburg, IL 60196-1059 Liberty Mutual Insurance Company, 1001 4th Avenue, Suite 1700, SeaUk>,WAM154

as Surety, hcrelnaftor called Surety, a n held and flrtnly bound unio (Here ln*en (un name and oddraH or legal Hfle oF CXvner)

Delta Air Lines Inc., Corporate Real Eatate, Department 877,1030 Delta Boulevard, Atlanta, GA 30364-1989

as Obligee, herejimftci called Owner, for the use and benefit ofclaimants as hereinbctow defined, in the amount of

Twenty Five Million and 00/100 Dollars {$ 25,000,000.00 )-

for the payment whereof Principal and Surety bind Ihemsetves, their heirs, excculors, Hdminislralors, successors and assigns. Jointly and

aeverally, firmly by these presents.

WHEREAS,

Principal has by written agreement dated Novemtier 1S 2010 , entered into aconttact

with Owner for (Here Iniert lull name, oddteu and doscrlplion ol pr[ij«ct)

Terminal 4 Headhouse Modiricationa and Expansion ( "Hoadhouso Projecr) Plus a Terminal 2-4 Connector Option ("Connector Project")

Terminal 4, JFK International Airport, Jamaica, NY

in accordance with Drawings K I I J Specifications prepared by

Arup/80M JV, 14 Wall Street, New York, NY 10005 (Kern JnMrl (uD name and add'ot* or l«gsl litia o( Architect)

which contract is hy rr-fcrcncc made n pail hereof, and is hereinafter referred to us Ihe Coiitracl.

S-I220/GR 10/99 Page 1 of 2

XDP

UBOR AND MATERIAL PAYMENT BOND

NOW. IHBRBPOSB, THB OOHDmOtt OP THIS OBUOATION b n c h A H >f PildovD iktU ptompOy m k o p^meot ta all e k i n m a M totbi^. MtoedL fcr «U Ubor n d mctBriil Qfed or nannikb'i«quli«d far t iu ta IIM p c r f ^ ^ HRttii) (ri (UI fitfte vtd «tfM, nil^act, bovsvcr, to tbe Ibllowtiis e«iitfiltM«:

1. A Gbtmmi l i dcfload ai OB» bavfng i diract contract wlih t&a priflcipil or w{di a Subcenbactw of dis M a d ^ tbr labor, nuttriii: or boA. uted or reuoniWy rtqubcd ftv tiM bi the ptxtbrmtiec of ilto OaoMet, talMr and niterial belnf coannal to fauhido tbM piit of wiler, gu, powtt, I t ^ fioi; oil, sftulliMb tdcptene s a v i n er rental of aqolpinaDt dbntly qipUcidila to (ba CnitiML

1 TTiB ti)0v6 nfined ftinovil u d Surely bndiy Jolatly u d Mv«nUy igna with UH OwDer ihat flmy chlnuDi s bntfa) daSooiL wko bat not been pdd b fidl beftra tba opIralbRi of I period of jalseiy 0KQ dayiaAerittaditeonwJifcbibBliitofneliclilninri work «i labor wti doM erperfmned, or mstertak w«ta Amlihad by nieh claimant, nay awe 00 thli bond for the ttis of luob clalmanl, ptoieeuia die be aaieaded n ai ID be equal toiha nblnNNn period of Umltalfon psimltttd by foeh law.

o) Other A>B b a I tate coun of ooApeteat jnrjadietloii b and Or Ifaa couoty oreiberpMitiealiu&diviiionof theuacebevUctKheProjoci, oraqyptrt tbereof. U illotted. or b tha Unltad Statca DiUrlei Omtt Rt the dfa&let b which the P n t ^ or 110'port tbarcof. la iltuatBd, and Dot elciwbcra.

I a) Vaien claltnaav odicr i b u one havtog a dinct oootiui wlili iba PHae^al, tittB htva g m a wriRco notka to any two of iha fttUowliig: the PiiDOipBl, the Owner, or tbt Surety abov» taaud, wKhlo niaety (90) dtyt •fter cudi elahnaol did or parfbnoad die b i t of Aa work or later, or ftmlthed (he Ian of ibe matarliU fl>r wfakh cald ch in U mada. ttatJaf wtih nihitiiuU acevncy the uioutit ctaincd u d tha mme of Oia party U) wbonthematoriatt

4. The amount of thia bead ihall be reduced by and to dts oilcnt ef Boy piviiKat or pajmenti mida In sood (Utt barauiidar, bcturtva of the paynum by Sttrtqr of meehuici 'Ikna whJob nuy be flitd of record ecabst caJd iatpnytmrnt, whether or not oUJm ftr Ae aawuat ef n e b Ibo be pretMtted osder and agabil thta bonL

Signed and tealed tUi 30th dqyof November

M 0 'Ji^^cA122(VGJ! IWSO PoeoSefZ

MULTIPLE OBLIGEE RIDER

10SS10422 (Trav) 8220844S (Fed) PRFg0308S5 (FaO/Zurich)

To be attached to and form a part of Performance and Payment Bond No. oiao2ii68(Lib) .

Terminal 4 Headhouae Modiflcattons and Expanalon ("Hoadhouae Project") Plua a Teimlnal 2-4 Connector Option ("Connector Project")

Project Name: Terminal 4. J F K international Airport. Jamaica, NY

It is agreed that: Travolan Casualty and Surety Company of Amorica, One Tower Square, Hartford, CT 06183 Federal Inauranca Company. 1» Mountain Vlow Road, Warron.NJ 07059 „ „ . . , , ftniaa I A » FWeUtw and OBPoaft Company ol Maiytand, Zurich Amoftean Inauranco Company, 1400 Amothian Lane, Sctiaumburg, n. MlBB-iosa Liberty Mutual Inauranca Company, 1M14th Avenue, SuHe 1700, SoalUo, WA M1B4 . as Surety, and

Bovla Lend Lease LMB, Inc., 200 Park Ave., New York, NY 10166 . as Principal,

for valuable consideralion, tiereby agree that the Performance and Payment Bond executed in favor of Delta Airlines, inc.. Corporate Real Estate, Depart 877,1030 DoKa Boutavard Atianu,GA303M-i9B9 , as Obligee.

in connection with (he Contract, whicti Bond and Contract are made a part of hereof by reference, shall now include as additional Obligees:

JFK InternaUonal Air Terminal LLC. John F. Kennedy international Airport (Terminal 4), Room 161.022, Jamaica. NY 11430 ^

Port Authority of New York and New Jersey, 228 Park Avenue South, New York. NY 10003

for Ihe afofementioned project.

Surety shall not be liable to (he Obligees unless the Obligees, or any of Ihem. have performed their respective obligations to the Principal in

accordance with the tcmis of said Contract,

In no even! shall the Surety be liable in the aggregate to the Obligees for more than the penal sum of its Performance and Payment Bond.

All capitalized terms used herein shall have (he same meaning as set forlh in the Performance and Payment Bond.

WITNESS the following signatures and seals Ihis 30th day of November, 2010 ^ . ^ — ^ • Travetsra Casually and Surely Company ol America

Bovis Lend LaaSB-UjfiUoc. Fo**""' bauriincrf Company - - j - " ^ ^ / Z ^ y ^ K Fidelity and Deooslt Company ol Maryland

I ̂ '' rf* " " ^ j C ^ 1 ZuHchAmo' y < ^ . . - < i ^ ^ - T ^ \ > ' Liberty Uut,

TITLE:

Delta Airlines, inc. Port Authority of New York and New Jersey

BY:

TITLE:

By: TITLE:

JFK International Air Terminal LLC

BY:

TITLE:


STATE OF WfiV.XP;K STATtOFJVfiV..XP;K > COUNTY OF .Na8??.y / ^^

On thte ...'̂ ?.y.̂ .'??.'?̂ [.??.'..?.?.!? before me personaify camo Susan.Lupski

to me known, who, being by me duly sworn, did depose and say; that he/she resides (n

" State of ...New York. thai he/she Is the Attomey-In-Fact Of the

J/ay«l?.̂ ?.G.«.?H?!\̂ .?.'̂ ?.̂ ^̂ ^̂ the corporation described In which executed the

above instrument; that he/she knows the sea) of said corporation; that the seal affixed to said inslmment is such corporate seal; that Is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order, and the affiant did further,depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York. Issued to IraVpl.qrsCasuallxandSurfet^^ (Surety) his/her certificate of qualification evidencing tha qualification of said Com^ov and its sufficiency under any law of the State of New Yorfc as surety and guarantor, and the propriety of adceptjnfir^d apprpVfiiglKas such; and that such certificate has not been revoked. ( t I \ / 1/ / 1

\ Notary Public

NY ttknowiedgemeni

DANA GRAN ICE Notary Public, State of New York

No. 0IGR6099I28 Qualified in Nassau County

Term Expires September 22, 20 ! 1


TRAVELERSi

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER

POWER OF ATTORNEY

Karmlngton Casualty Company Fideiily and Guaranty Insurance Company Rdeiily and iiuarunly Insurance Underwriters, Inc. SI. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company

St. Paul Mercury Insurance Company Travelers Casualty and Surely Company Traveler! Casualty and Surety Company or America United Stales Fideiily nnd Guarnnly Company

Attorncy-ln Fact No. 222895 Ccrlificatc No .003960122

KNOW ALLMKN BVTHESE PRESENTS: Tli.ii Si. Paul Fire and Marine Insurance Company. Si. Paul Crtiardian InsuraiKC Company and St. P.iul Mcrvury Insurant; Company are corporations duly organized under (he laws of Ihe Stale of Minnesota, Ihal l-anningion Casualty Company. Travelers Casualty niul Suix'iy Conipiiny. and lYavclersCasualtyandSurety Company orAmerica are corporations duly organized under the laws or tlic Slate of Cnnncclicul.lliat United Slates Fidelity aiKlGuamnty Company is a corporation duty organized under Ihe lawsof the Slate of Maryland, Ihal Fideiily and Guaranty Insurance Company is u corporation duly organized under the laws of the State of Iowa, aitd thai Fideiily and Guaranty Insurance Underwriters, Inc.. is a corporalion duly organized under the laws uf the State of Wisconsin (herein collcciivcly called the "Companies"), and ihat Ihe Companies do hereby make, consittulc and appoint

Thomas Bean, Rila Sagistano. Gerard S. Macliolz, Susan Lupski, Robert T. Pearson, Camille Maillaiid, George O. Brewster, and Colette R.Ctilsholm

of Ihe Ciiy of Garden City . Slate of New York , their Irue and lawful Attorney(s)-in-l-":icl. each in llKir separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bunds, rrcognizances.condiliunal undertakings anil other writings obligatory in the nature thereof on behalf of the Companies in iheir business of giiaranleeing ihc fidelity of persons, guaranteein}! the performance of contracts ai>d executing or guaranteeing bonds and undertakings required or pcimiltcd in any ociions or proceedings allowed by law.

IN WITNESS WHEREOF, the Companies have caused this instrument lo be signed nnd iheir corporate seals to be hereto aflixed. this 7lh

Farmlnglon Cusuntly Company Fidelity and Guaranty Insurance Company Fideiily and Guaranty Insurance Underwriters, Inc. SI . Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company

St. Paul Mercury Insurance Company TVavelers Casualty and Surely Company IVavelers Casually nnd Surely Coinpuny of America United Slates Fidelity and Guurunty Company

Slate of Conneciicut Cily of llarlford ss.

On this the 7lh day of Ociuber 2010

By:

. before nie jicrsonally appeared George W. Thompson, who aeknowlcdgcd himself to be the Senior Vice President of Famiington Casualty Company, Fideiily nnd Guaranty Insurance Company. Fidelity and Guaraniy Insurance Uiulcnvriiers. inc., St. Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Comp.iny. Travelers Casualty and Sua*ty Company. Travelers Casualty and Surety Company of America, and United Slates Fidelity and Guaraniy Company, and Ihat he, as such, being authorized so to do, executed the foregoing inslmment for the purposes therein contained by signing on behalf of tlte corporations by himself as a duly aulhuri/e

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER

This Power of Allomey is granted under and by the authority of Ihe following resolutions adopted by Ihe Boards of Directors of Farminglon Casually'Company,'Fidelity and Guaraniy Insurance Company, Fidelity and Guaranty insurance Underwriters, Inc., Si. Paul Fire and Marine insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casually and Surely Company, Travelers Casually and Surety Company of America, and United States Fideiily and Guaranty Company, which resolutions are now in full force and effect, reading as follows:

RESOLVED, thai the Chairman, the President, any Vice Chairman, any Executive Vkc President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, Ihe Corporate Secretary or any Assistant Secretaiy may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such audiority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, conliacis of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any lime may remove any such appointee and revoke Ihc power given him OT her; and it is

FURTHER RESOLVED, that ihe Chaimwn, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pari r>f the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of Ihe Secretary; and it is

FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in Ihe nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon Ihe Company when (a) signed by the President, any Vice Chainnan, any Executive Vice Presidenl, any Senior Vice President or any Vke President, any Second Vice Presidenl, die Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed widi the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to Ihe power prescribed in his or her cenificate or iheir certificates of authority or by one or more Company officers pursuant (o a written delegation of authorily; and it is

FURTHER RESOLVED, ihal (he signature of each of the following officert: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assitlant Secretary, and the seal of Ihe Company may be affixed by facsimile to any E'ower of Attorney or to any certincate relating ihereCt) appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Pad for purposes only of executing and attesting bonds and undertakings and other writings obligatory in ihe nature (hereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and cenified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to whkh Ji is attached.

I, Kori M. Johanson. the undersigned, Assistant Secretary, of Farmington Casually Company, Fideiily and Guaranty Insurance Company, î ideltty and Guaraniy Insurance Underwriters. Inc., St, Paul Fire and Marine InsuranccCompany, Si. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surely Company, Travelers Casualty and Surely Company of America, and United Slates Fideiily and Ouaranty Company do hereby certify that the above and foregoing is a true and correctcopy of ihePowerof Aiiomey executed by said Companies, which is in full force and effect and has not been revoked.

IN TESTIMONV WHEREOF. I have hereunto set my hand and afHxed ihe seals of said Companies Oils NOVEMBER

Kori M. Johan:

To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.iravclenbond.com, Please refer (o the Allomey-in-Fact number, the above-named individuals and the details of ihe bond to which the power is attached.

WARNING; THIS POWER OF AnORNEY IS INVALID WITHOUT THE RED BORDER

http://www.iravclenbond.com

CCU.NTY OF'•>•>{•('-J'^D )S0.

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STATEOFJVWiXprK. STATE Of Nmxm \ COUNTY OF .'l'.a.??.̂ y /

On lbl3 ...*^9:^«I!f^!^i?9/.?!!l?, before me personally carDo Susan.LupsW

to me known, who, being by me duly sworn, did depose arxi say; that he/she resides In

.State of ...New York. Ihat he/she Is the AHomey-In-Fact of the

.f«!?!?J.!VH^«.95*.9?.'?}P?py ; Ihe corporation described In which executed the

above Instrument; Ihat he/she knows the seal of s^ld corporation: that the seal aflixed to said Instrument Is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by tike order, and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New Yoric, Issued to i:R^St9!.l.nsuranceCompanî (Surely) his/her certificate of quariflcatlon evidencing tha qualification of sakl Company and its sufflclency under any law of the State of New York as surety and guarantor, and Iha propriety of acc^pttng ant}]aparoylDoJ as such; and Ihat such certificate has not beien revoked. f . 1 1 J I f )

Notary Public

NY ittmowledgcrAenI

^ _ ^ DANA GRANICe "*>twv Public, State of New York

No. 01GR6099J28 T * , 2 f ^ ' " " « " " County Term EKpinss September 2 2 , 2 0 H





E: CKUBS

Chubb Surety

POWER OF

ATTORNEY

Federal Insurance Company Vigilant insurance Company Pacific Indemnity Company

Attn: Surety DepartmenI 16 Mountain View Road Warren, NJ 07069

Know All by Them Presonle, Ttial PeOERAL INSURANCE COMPANY, an IntHana corporaUon. VIGILANT INSURANCE COMPANY, a New York corporation, anil PACIFIC INDEMNITY COMPANY, a Wlscomln oorporotion. do each hereby constitute and adpoim Tfiomae Bean, George O. Brewater, Susan Lupski, Gerard S. Macholz, Camille Maltlend, Roben T. Pearson, Hlla SoglalQno of Garden City, NOT* York • • • •

u c h M ITN^ b w Md bwful ARonM^ In-Fact tD incuM ivKW aMh (ItfKyMlM bi vw* n n w i antf k) i t f i i M l^ th«r«on Of eVwMlM. bendi and undoitiMnB* f ^ Mi i r wlttngs otil9ilo«ola baarfnj tueh lacsi'nilt iiQnohua or Itovfmlo taal ihaQ ba vdid and brtd"^ upon Iha Company and any luch povioi so o i o w M and coflrilad by luch laciwnfa tlgnati/a ond iKCknia laal (hall b« valid and bnd>no upon l^0 Company with ratpoci lo any bond or uodaitakkig to Mnicn ii H aoactif d '

I. KOMiolh C. Wtndal. Aitl i lani 5«ci«l«(y ol FEOfiRAL INSURANCE COUPANV, VIQILANT INSURANCE COMPANY, and PACriC MOEMNrTY COMPANY

(IM "ConvianiaO dohaiobyeartVy Ihal

(1) tho leioqa and corraci. («) tn« Cotnpinlos afo omy Iconwd and auihorltod lO nntaci tuaty buiinais m all so of ihe Untad Staiat c4 Amadci and tho Oiiinci ol Columbia and I'o

auihorlMd by Iha U.9. t rHK/Y Oapa^'^ionii IU'UM^ Fadwai aivt V

FEDERAL INSURANCE COMPANY

STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS

Statutory Basis

DECEMBER 31, 2009

(In thousands ot dollars)

ASSETS

Cash and Short Term Investments $ 257,630 United States Government, State and

Municipal Bonds 11,077.454 Other Bonds 4,042,056 Slocks 77R,949 Other Invested Assets 1.758,696

LlABtUTIES AND

SURPLUS TO POLICYHOLOEFtS

Outstanding Losses and Loss Expenses $ 11,900,150 Unearned Premiums 3.345,760 Reinsurance Premiums Payable 322,875 Provision (or Reinsurance 79.993 Other UabHitios 717.789

TOTAL INVESIMENTS.

Investments in Afliliates: Chubb Investment Holdings, inc Pacific Indemnity Company Chubb Ineumnce Invoslmont Holdirujs Ltd... Executivo Risk Indemnity inc CC Canada Holdir>gs Ltd Great Northern Insurance Company Chubb European Investment Holdings SLR. Chubb Insurance Company olAusirailia... Vigilant Insurance Company Other Afliliates

Premiums Receivable Other Assets

17,914,785

2.881.003 2,200.172 1,539,334 1,078,688

607,GGG 453,227 271.092 255,177 176.625 349.088

1.458.416 1.502,926

TOTAL LIABILITIES

Special Surplus Funds. Capital Stock Paid-in Surplus Unassigned Funds

SURPLUS TO POLICYHOLDERS.

16,366.567

176,031 20,980

3.106,809 11.017,701

14,321.521

TOIAL LIABILITIES AND SURPLUS TO POLICYHOLDERS $ 30,688.088

TOTAL ADMHTED ASSETS $ 3U,6HH.nflH

Investments are valued in acco(darK:8 with reQuiiemenis of the National Associatton of Insurance Commissioners Iriveslmenis valued at $448,814,488 are deposited with government authorities as required by law.

State, County 8 City of New York, - ss:

Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the loregoing Statement of Assels, Liabilities and Surplus to Policyholdefs ol said Fodoroi insurance Company on Dccomber31, 2009 is true and correct and is a true abstract of Ihe Annual Slatometil o! said Company as (ilod with the Secretary of itie Treasury o( ttie United Slates lor the 12 months ending December 31. 2009.

Subsciibed and sworn to txjlore me this

Nolaiy Piiblii;

DOnOTHY M. OAKEIl _ Nolary Piibrc. Slalo ol New York

No. 31-1904994 Oualilied in Ndw Ycrk Counly

CommJssior Expifos SepL 14, 2013

g Assistcint Secrelar

Foim l5- iO03l3A(Ed 4110)


ST/KTB O f J ^ m X m , S T A i t u h ;̂ fiW.Ttp;K 1 COUNTY OF .Nassau j - ss

On this .NoyenibSr.39,..29.1? , before me personalty camo Susan Lupski

to m© known, who, boing by me duly isworn. did depose and say; Ihat he/she resides In

.State of ...New Yofk. , that ho/sho Is the AKomey-In-Facl of Ihe

.fJ»,.^[^.^D?/??.^itC°^^^^^^^ the corporation described In which executed the

above Inalrument; that he/she knows the seal of said corporation; that the seal affixed to said Instrument ts such corix)rate seal; that la was so affixed by the Board of Directors of said corporalion; and that he/she signed his/her name thereto by like order; and the afflanl did further depose and say that the Superintendent of Insurance of the Slat© of New York, has, pursuant to Ssctlon 1111 of the Insurance Law of the State of New York, Issued to /iWM'ty.a.nlDeRosit tompan^^ (Surety) Ws/her certlfteate of qualification evidencing tha qualification of said Com MOV and Its sufficlenoifunder any law of the State of New York as surety and guarantor, and the propriety of ardceptlncrShd aopojvingirBs such; and Ihat such certificate has not been revoked. I / / / / / / 1

Notary Public

NY BcknowIedgcrAeni

DAHAQRANICe Not»fv Public, state of New YOfk

NO. 01GR6099128 Qualified In ffsssau County

TMm Expires Sepomber 23« 2011




KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations ofthe Stat«i5f^aryland, by WILLIAM J. MILLS, Vice Presidenl, and ERIC D. BARNES, Assistant Secretary, in pursijance pfi®j[iR^\|rented by Article VI, Section 2, ofthe By-Laws of said Companies, which are set forth o n ^ e ^ ^ g t f ^ J ^ fiOfwfiJid^tf^fi^by certified to be in full force and effect on the date hereof, does hereby noininaler;e , : ( - n ..=X^,.^^0. LX'-'̂ -̂r-̂ .

Constance A. Dunn Notary Public My Commission Expires: July 14, 2011

POA-F 093-0066A


"Article VI, Section 2. The Chairman ofthe Board, or the President, or any Executive Vice-President, or any ofthe 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 ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as Ihe 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 ofthe Company thereto."


"Article VI, Section 2. The Chairman of Ihe 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 concunrencc ofthe Secretary or any one ofthe Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attomeys-in-Fact as the business of the Company may require, or to authorize any person or persons lo 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 ofthe 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 fiill force and efTect 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 Ihe Board of Directors to appoint any Attomey-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 ofthe following resolution ofthe Board of Directors ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND al a meeting duly called and held on the 10th day of May, 1990 and ofthe Board of Directors ofthe COLONIAL AMERICAN CASUALTY AND SURFTY 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 attomey issued by the Company, shall be valid and binding upon the Company with the same force and efTect as though manually affixed."

IN TESTIMONY WFIEREOF, I have hereunto subscribed my name and affixed the corporate seals ofthe said Companies,

this 30TH day of. NOVEMBER 2010

U'-^-Y-i"' - /l/Hi'-v.-

Assiilanl Secretary

ts


3910 KESWICK ROAD, BALTIMORE, MD2I211-2226

Statement of FInancinI Condition As Of December 31,2009

ASSE'IS Bonds $ 156,584,995 Slocks 22,537,672

Cash and Short Term Investments 9,719.598

Reinsurance Recoverable 9,347,241 Other Accounts Receivable 51,052,264

T O T A L ADMITTED ASSBTS S 249,241,769

LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 76,835 Ceded Reinsurance Premiums Payable 58,237,612 Securities Unding Collateral Linbilily 5,511,875

TOTALLiABiurriEs. $ 63,826,322

Capital Stock, Paid Up $ 5,000.000

Surplus 180,415,448

Surplus as regards Policyholders 185,415,447

TOTAL S 249,241.769

Securities carried at $38,385,!)57'ln Ihe above statement are deposited as required by law.

Securities canied on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31,2009 market quotations for all bonds and stocks owned, tho Company's total admitted assels would be $247,657,513 and suiplus as regards policyholders £186,999,703.

I, DENNIS F. KERRIGAN, Corporate Secretary of Ihe FIDELITY AND DGPOSIT COMPANY OP MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of ihe assets and liabilities ofthe said Company on Ihe 3lsi day of December, 2009.

^ -«

Slate of Illfnios N

CityofSchaumburg J ^ *

Corporate Secretary

Subscribed and nv-orn to, before rue, n Notniy Public of tlie Slate or lllinolt. In the City of ScliBiimbiirg, thit ISth day of Much, 2010.

- ^ ^ ^ ^atiBX S U NoUtr/P:,bllc

/ ^ ' i r ^ MAHL06.SARABVN S

W ^ < & NOVElMn213.20|l < LO^Ivi

<


STATE OF WmcXP/h, S l A l t U f JVmc.XP/A 1 COUNTY OF N.̂ ?sau J- ss

On this Noyemoer 30.2010 ^^^^^ ^ e personally came Susan Lupski

to m© known, who, boIng by me duly sworn, did depose and say; ihat he/she resides In

State of ...New York. that he/she Is the Attomey-ln-Fact of the Zurich American Insurance Company ' ,. ., ^ , . . _ , . , .

•—•• tho corporation described In Which executed the

above Inetrument; that he/she knows Iha seal of said corporation; that the seal affixed to said instrument Is 8Udi corporate seal; that Is was so affbced by the Board of Directors of said corporalion; and that he/she signed hia/ner name thereto by like orden and the affiant did further depose and say that the Superintendent of Insurance of ttie State of New York, has, pursuant to Section 1111 of the Insurance Law of Ihe State of New York. Issued to ^Kr'.qh.Amencan Insura^^^^ (Surety) his/her certificate of qualmcatlon evidencing the qualification of said Company^d Its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of ac(a^ng>ncHiftprovlfa'ra5^uch; and that such certilicate has not been revoked.

. Public

N V sticnowledgcmeni

DANA GRANICE Notarv Public, State of New York

NO.01GR6099128 Qualified in Nassau County

Term Expires Seplember 22, 2011




ZURICH AMERICAN INSURANCE COMPANY

POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, Ihat (he ZURICH AMERICAN INSURANCE COMPANY, a corporation created by and existing under Ihe laws of the Slate of New York does hereby nominate, constitute and appoint Robert T. PEARSON, Rita SAGISTANO, Gerard S, MACHOLZ, Susan LUPSKI, Camille MAITLAND, Thomas BEAN, Colette R. CHISHOLM and George O. BREWSTER, all of Garden City, New York, EACH its true and lawful AttotTieys-In-Fact with power and authority hereby conrerred^tp sign, seal, and execute in its behalf, during the period beginning with the date of issuance of (his power, : any and all bonds ^nd\u'nd.ertaktngs, recognizances or other written obligations in the nature thereof, and (o bind ZURICH AMERICAN INSl̂ RANGH ÔMPANY thereby, and all ofthe ac(s of said At(omey[sl-in-Fact pursuant to these presents are hereby ratified and confirmed . fhis,Power of AtlomeyJXmade and executed pursuant to and by the authority ofthe following By-Law duly adopted by the poard of DircctW of the ,Gom^y.w_hlch By-Law has not beer amended or rescinded. ,,.,., r,V^ '^JiS-'^ ' ' '"' '\-s -:,'' C b . \ \:J^'-^''^"''"

Article VI, Section 5. "...The Presidenl or aViceiPrisideni Iii a written inslnimcht.Wested by a Secretary or an Assistant Secretary may appoint any person Attorney-in-Fact, with/auihbriiy'toexc^^ Company and other formal underwriting contracts in reference thcfelQWdyrîtisurahcc agreênttjtielatirig'tO individual polices and bonds of all kinds and attach the corporate seal. Any such officers miiy rbvoke.the powers,girantcd tiD'any Attorney-in-Fact."

Tliis Power of Attomey is sign^'imd sealed,by'facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the ZURICH AMIiklCAN iVJSURANCE COMPANY by unanimous consent in lieu of a special meeting dated December 15. 1998

" RESOLVED, that Ihe signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the seal ofthe Company may be affixed by facsimile on any Power of Attomey pursuant to Article VI, Section 5 ofthe By-Laws, and Ihc signature of a Secretary or an Assistant Secretary and the seal ofthe Company may be affixed by facsimile to any certificate of any such power. Any such power or any certificate thereof with such facsimile signature and seal shall be valid and binding on (he Company. Furthermore, such power so executed, sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding on the Company."

IN WITNESS WHEREOF, the ZURICH AMERICAN INSURANCE COMPANY has caused these presents lo be executed in its name and on its behalf and its Corporate Seal to be hereunto affixed and attested by its officers thereunto duly authorized, this llth day of October, A.D. 2010. This power of attomey revokes Ihat issued on behalf of Robert T. PEARSON, Rita SAGISTANO, Gerard S. MACHOLZ, Susan LUPSKI, Camille MAITLAND, Thomas BEAN, George O. BREWSTER, dated November 20, 2008,

I x l .îS"'*S(to'S, IN TESTIMONY WHEREOF I have hereto subscribed my name and affixed the seal of said Company ^ ' ^ • S ' ' * * ' < i ' ^ \

,he 30TH day of NOVEMBER 2 0 1 0 '-̂ O %-.'^,.y!^J Gregory E Murray Secretary \ ^ "^' ^ t r

POA-Z ZA 093-00658 Serial Number TS2010October11ZA 12/05ZA 02/06ZA 02/07ZA 12/OgZA 093-00658

ZURICH AMERICAN INSURANCE COMPANY COMPARATIVE BALANCE SIIKKT

ONE IJBERTV PLAZA, IC5 BROADWAY, 33nd FLOOR. NEW YORK. NV 10006 A l orDttcmbtr 31,2009 nnd December 31,2008

Aiffti Bondi

Pfcremd Slock Camreon SEocli Real Eitite Othet Invttlei) Aucu Short-lerm lnv«im«nlJ Rtcelvabb Tor tecuijilei Cuh «nd eaih e


STATEOF WfW/.XwK S l A l & O P WffWXpm 1 COUNTY OF .Nassau j - ss

On this ..̂ ?.y.?,n?,'? f̂.??.-.20 f̂; before me personally camo Susan Lupski

to me known, who, being by me duly sworn, did depose and say; that he/she resides Jn

State of ...New York. Ihalho/sholstheAttomBy-in-Faclofthe .LibertyMutû ^̂ ^̂ ' ; ihe corporation described In Which executed the

above Instrument; that he/she knows the seat of said corporation; that the seal affixed to said Instrument Is such corporate seal; that la was so affixed by the Board of Directors of said corporation; and that he/she signed his/her name thereto by like order; and the affiant did further depose and say that the Superintendent of Insurance of the Stat© of New York, has. pursuant lo Section 1111 of the Insurance Law of ihe Stale of New Yoric Issued to U^JP.rty.MutuaiinsijranwCSm^^^^^ (Surety) his/her certificate of quariflcatlon evldendng the qualification of said Company and its sufficiency under any law of the State of New York as surety and guarantor, and the propriety of aceeptlng^d approving It as such; and ihat such certificate has not been revoked, / . / / if \

^^- -J^otary Public

NY BtknawlcdgcrtienI

DANA GRAN ice Notary Public, State of New YoiK

No. 0LG[t609912a Qualified In Nassau County

Term Expires September 22, 2011


4151114 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT 13 PRINTED ON RED BACKQROUND. This Power of Attorney limits Ihe sets of those nemed herein, and they have no authority to bind the Company except In the manner and to the extent herein stated.

UBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS: Thai Liberty Mutual Insurance Company (the "Company'), a Massachusetts stock Insiirancs company, pursuant lo and by authority of the By-law and Authorization hereinafter set lorth, does hereby name, constitute and appoint

THOMAS BEAN, SUSAN LUPSKI, GERARD S, MACHOLZ, CAMILLE MAITLAND, ROBERT T PEARSON, RITA SAGISTANO, GEORGE O. BREWSTER, COLETTE R. CHISHOLM, ALL OF THE CITY OF GARDEN CITY, STATE OF NEW YORK , 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 THREE HUNDRED MILLION AND o o / i 6 o " " " ' - " " " * « * ^ * * * * » wa DOLLARS fS 300.000.000.OT* " " V * " * " * * ^ each, and the executk)n of such undertakings, bonds, recognizances and other surety obligations, In pursuance cf 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 fs made and executed pursuant to and by authority of the following By-taw and Authorization:

in O Q.

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