Loading...
Surety Bond~a~s PERFORMANCE BLIND and Surety Cary of l~rerica (Insert Proffer Name of Surety) and Ave11o ]3troth~rs cAntract:ors, Tiic. (Insert Proper Narrre of Contractor) ]3a~d No. 105898239 as surety ("Surety"), as principal ("Contractor"), enter into, execute this bond ("Performance Band"), end bind therr,selves ir'- favor of Town of Wappinger, New York -~ ---~~--- (Insert Proper Name of Qwner} as obfi!~ee ("Owner"} in the pens! sum of $125,725.00(One Iirrh~i 'It~i_t~Fi~ `.i.~u-card Sever? Hrx~ qty Five arr100/100 Ibl]ars) (Ins~;rt Penal Sum) - ---- as of the ~At~t 14,x_ _. This Penal ~Sr.irn sha!! be deemed (Insert Cate of Construction Contract) increased in the same amount that the contract price increases pursuant to change orders executed by the Owner and Contractor {see Article 5 of tP}e General Conditions of l:UntrBLt). WHEREAS, the Contractor has exQCUted a contract with the Owner of Even date Herewith ("Construction Contract") far construction of Martz Field Fast, Cpr-tract 1,x-0]3 - Tenrri.s Ccx~t RECazstrtictim Project for the Taan of Wappirger, New Yark (Insert Description and Location of the Coonstructon Prt~iect) and, `J10F~ER.EAS, the owner has required tha Contractor to furnish this Performance Bone! contain-ng the terms and conditions set forth herein as a condition to executing the Construction Contract with the Contractor: NOiN THI=BEFORE, the Surety anti the Contractor, both oirttfy ar,d severally.- and far themselves, their heirs; administrators, executors and successors agree: 1. The Construction Contract is hereby irrcorparated herein and by rcTerencP made an art hereof to the same esxtent and effect as though it were copied verbatim herein. ThE St!rety and the Contractor are bound for the full performance of the Construction Contract including without exc~:ptior; aU Uf its terms and conditions both express and implied. -38- 2. if the Contractor is in default of the Construction Contract and the Owner, by written notice to the Gontractor and the Surety, declares the Contractor to be in default and terminates the right of the Contractor to proceed, the Surety shall thereupon promptly notify the Owner in writing as to which of the actions permitted to the Surety in Paragraph 3 it will take. ~. Upon the default and termination. of the Contractor and notices to the Contractor and Surety as provided in Paragraph 2 above, the Surety shall within 30 days proceed to take one or, at its option, more than one ~f the following courses of action: a. Proceed itself, or through others acting on its behalf, to Complete full performance of the Construction Contract ,including, without limitation, correction of defective and nonconforming work performed by or on behalf of the Contractor. During such performance by the Surety the Owner shall pay the Surety from its awn funds only such sums as would have been due and payable to the Gontractor in the absence of the default and termination; b. Applicable law permitting, and with the prior written consent of the Owner, attain bids or proposals from contractors previously identified as being acceptable to the Owner, for full performance of the Construction Contract. The Surety shall furnish the Owner a copy of such bids or proposals upon receipt of same- The Surety shall promptly select, with the agreement of the Owner, the best responsive bid or proposal and sha!{ promptly tender the contractor submitting it together with a contract for fulfillment and completion ofi the Construction Contract executed by the completing contractor, to the Owner for the Owner's execution. Upon execution by the Owner of the :ontrart far fulfillment and completion of the Construction Contract, the completing contractor shall furnish to the Owner a performance bond and a separate payment bond, each in the form of those bonds previously furnished to the Owner for the project by the Contractor. each such bond shall be in the penal sum of the (1) fixed price for comp[eticn, (2) guaranteed maxirryum price for completion, or (3) estimated price far completion, whichever is applicable- The O~-ner shalt pay the completing contractor from its owrr funds only such sums as would have peen due and payable to the Gontractor under the Construction Contract as and when they would have been due and payable to the Contractor in the absence of the default and termination. To the extent that the Owner is obligated to pay the completing contractor sums which would not have then bean due and payable to the Contractor under the Construction Contract, the Surety shall provide the Owner with such sums in a sufficiently timely manner that the Owner can utilize such sums in making timely payment to the completing contractor; or, c. Take any and off other acts, if any, mutually agreed upon in writing by the Owner and the Surety. -3g- P~RPORMANCE BOND 1~ No. 105898239 _T~avel:ers Casualty and St.~ety C~par of ~rerica as surety {"Suret~~'°), (Insert Proper Name of Surety} and ~~O mothers Contractors, Irrc. {Insert Proper Name of Contractor) as principal ("Contractor"), enter into, execute this bond ("Perfe~rmance Band"j, and bind themselves ire favor of TOE of Wappinger, Naa York (Insert Prager Name of Qwner) as ab(i!~ee ("Owner") in the penal sum of $ ~~7~•~(~ #irrhed ~i Five 'Ihcusa~md Sevaz Iirdred ty Five anci 00/100 Lbllazs) - -- --~....---- ---. (Insert Penal Sum) as of the Aunt 14, _ , 3 _ _. This Penal ~S~~m steal! be deemed (Insert Date of Construction Contract} increased in the sairre amount that the contract price increases pursuant to change orders exPCUt@d by the Owner and Contractor {see Article 5 of tP~e General Conditions of C;Untravt). WHEREAS, the Contractor has exQCUted a contract with the Owner of Even date nPrewith {'°Construction Contract") fUr construction of Nhrtz Field Fast, Contract 1,~-~= Tuns Comet R~cxlstn~tion Project for the Tcz~n of Wappirger, New York {Insert Description and Location of the GUnstruction Prt~iect} and, `J106iE~REAS, the Qwner has required th© Contractor to furnish this Performance Bond containing the terms and conch#ions set forth herein as a conciitifln to executing the Construction Contrac# with the Contractor: lV~JiN TH3=REI-ORE, the Surety anti the Contractor, both ointiy ar,d severally, and fGr themselves, trrsir heirs, administrators, executors and successors agree: The Construction Contract is hereby irrcorpo~ated herein and by rcferencP made an art hereof to the same extent and effect as though it were copit:d verbatim herein. 1"hE Surety and the Contractor are bound far the full perfcrrnance of the Canstr~;etiorr Contract includsng without exc~:ptia~!; ail of its terms and conditions. both express and implied. -38- 2. if the Contractor is in default of the Construction Contract and the Owner, by written notice to the Contractor and the Surety, declares the Contractor to be in default and terminates the right of the Contractor to proceed, the Surety shalt thereupon promptly notify the Owner in writing as to which of the actions permitted to the Surety in Paragraph 3 it will take. 3. l.~pon the default and termination of the Contractor and notit~ to the Gontractor and Surety as provided in Paragraph 2 above, the Surety shall within 3d days proceed to take one or, at its option, more than one of the following courses of action: a. Proceed itself, or through others acting on its behalf, to complete fiuil performance of the Construction Contract ,including, without limitation, correction of defective and nonconforming work performed by or on behalf of the Contractor. During such pertormance by the Surety the Owner shall pay fhe Surety from its cwn funds only such sums as would have been due and payable to the Contractor in the absence of the default and termination; Applicable faw permitting, and with the prior written consent of the Owner, r~btain bids or proposals from contractors previously identified as being acceptable to the Owner, for full performance of the Construction Contract. The Surety shall furnish the Owner a copy of such bids or proposals upon receipt of same. The Surety shall promptly Select, with the agreement of the Owner, the bast responsive bid or proposal and shall promptly tender the contractor submitting it together with a contract for fulfillment and completion ofi the Construction Contract executed by the completing contractor, to the Owner for the Owner's execution. Upon execution by the Owner of the :ontract for fulfillment and completion of the Construction Contract, the completing contractor shall furnish to the Owner a pertarmance bond and a separate payment bond, each in the form of those bonds previously furnished to the Owner for the project by the Contractor. each such bond shall be in the penal sum of the (1) fixed price for completicn, (2) guaranteed maximum price for completion, or (3) estimated price far completion, whichever is applicable. The Omer shall pay the completing contractor from its owri funds only such sums as would have been due and payable to the Gontractor under the Construction Contract as and when they would have been due and payable to the Contractor in the absence of the default and termination. To the extent that the Owner is obligated to pay the completing contractor Burns which would not have then been due and payable tt the Contractor under the Construction Contract, the Surety shall provide the Owner with such sums in a sufficiently timely manner that the Owner can utilize such sums in making timely payment to the completing contractor; or, c. Take any and all other acts, if any, mutually agreed upon in writing by the Owner and the Surety. -34- 4. fn addition to those duties set forth hereinabove, the Surety shall promptly pay the Owner all loss, costs and expenses resulting from the Contractor's dQfault(s), including, without limitation, fees, expenses and casts for architects, engineers, consultants, testing, surveying and attorneys, liquidated ar actual damages, as applicable, for delay in completion of the Project, and fees, expenses and casts incurred at the direction, request, ar as a result of the acts of omissions of the Surety. 5_ In no event shall the Surety be obiigatad to the Qwner hereunder for any sum in excess of the Penal Sum. 6. The Surety waives notice of any changes to the Construction Contract including, without limitation, changes in the contract time, the contract price, c~rthe work to be performed. 7. This pertormance bond is provided by the Surety for the sole and exclusive benefit of the Owner and, if applicable, any dual obligee designated by rider attached hereto, together with their heirs, administrators, executors, successors or assigns. No other party, person or entity shall have any rights against the Surety hereunder. 8. Any and al! notices to the Surety, the Contractor or the Qwner shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below. Surety. Travelers Casualty and Surety Carp~erry of America 770 R~msylvania live, Suite ll0 ]~ctcn, PA 19341 Contractor ~~ )~rotl~rs Contractors, Ir~c. 60 Ftil_ton Street Rxg~keepsie, NY 12601 Owner: `~- of Wappinger 20 I~tiddletush Read Wappingers Falls, I~IY ].25'90 9. Any action hereon may be instituted so long as the applicable statute of limitations governing the Construction Contract has not run out ar expired, any statutory limitation which may be contractually superseded to the contrary notwithstanding. -d0- Contractor Surety AveLlo ID-others Ccxztractors; Ir~c. 'Travelers Casualty and St.~ety _ Steal Cgr~1y of Prrerica Seai (Typed Name) (Typ d me) Sy~.~ ~~~ .~ ( (Signature) (Signature) ,Prince me, itie an Ad ess) Francesca P. I~Allan, Attorney in Fact 325 North Avatie Fast, t~stfield, I1T (Printed Name, Title and address) Est ~ ~ 2013 Atgt~st 21, 201,3 (Date of Execution) (Date of Execution) NOT S: 1. Date of Bond must not be prior to date of C~antraet. ~_ If Contractor is a Partnership all partners should execute the bond. 3. Surety Companies executing Bonds must be authorized to da business in New York State and be approved by the Owners attorney. 4. Ai(bonds shall be in a form acceptable in au respects to the Owner's attorney and shat be approved by the Owner's attorney, -41 STATE OF NEW YORK ~ GCl1NTY OF ~~A~C-~IeSS )ss.: On the ~~ _ day of _~1-~ ~ i~ ~ before me, the undersigned, a Notary Pubiic in and for said State, personally appeared (1J~`~ J~>~1,U1 personal"y known to me or proved to me en the basis of safiisfactary evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature an the instrument, the individua{, or the person upon behalf of which the individual acted, exe~:uted the instrument. NOTARY BLIC onna A Roundy Notary Public, State of New Yotk No. 01806086224 Qualified in Dutchess County My Commission Expires Jan. 21, 20_ ~42- SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 21st day of August, 2013 Before me personally came Francesca P. McAllan to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. SANDRA A. AMORY NOTARY PUBLIC OF NEW JERSEY My Commission Expires /7, My commission expires Au9ust31.2o18 (.i( S#a#e flf New York n~~.~~~r~t~rr og ~x~txc~, ~~c~s ~fi£~iS iT ~f'f'~cfiS Tt~tT Travelers Casualty and Sarety Company= of .America Home Office Address Hartford, Connecticut Organized under the Laws of Connecticut. has complied with the necessary requirements of or pursuant to {aw, it is hereby licensed to do within this State the business of acciuent rsrttl i:t~;rrltlz, fire, rniscellatteous property, water damage, burglary and theft, glass, t~oilcr and nrachinen~, elevator, animal; cc~llisic~n, personal injury liability, property damage liability, ~°orkers' compensation and employers' liability, fidelity and surety. credit, motor vehicle and aircraft physical damage, marine and inland marine, marine ~>rc}tc:~-iion and indemnity , r4~sidtral S>adue, sen~ice contract reimbursement, legal services and gap insurance. as spc:citied in paragraph(s) ~, ~, 5, 6, 7, $, 9, 10, l 1, l"?, l3, l4, 15, 16, 17, 19, 20, 2l, 22, ?$, 29 and 26(A}(B}(C}(D} of Section i I l 3(a1 oI'the'~etia~ York Insurance I.aw and also such workers' compensation insurance as tnay be incident t;~ c~~verares contcrnplated trndex paragraphs 20 and 21 of Section I 1 l3{a}, including insurances describr:d in tJ~e l.o~rgshoretner.'s anti Ilarbor Workers' C'ornpensation Act (Public Late I~?o. 803;. 69 Cone. as amended; 33 USC Section ~)Ql zt seq. as amended} , Ord as authorized by Section 4I02(c}, insuxans;e of every kind or description outside c~i-the i nited Stales and reinsurance of every kind or description to the extent purnzittod by ccrtifieci coley of its chru-ter document on file in this 1'yepartment until July 1, 201. ~,,,R,,,t In Witness Whereof, ~ have hereunto set .~~ ;; "~~ ~# O R K ~ ~, my hand and affixed the official seat of this ~'~ ~~ ,- ,..r,ti~, -``.~Te~'~~',?~ Department at the. City of Albany, New York, this ~: ~ ~, ~, ~ * ~ i st day of July, 201 ~ err ~ -,,, ;+.. D j: t~= ~y `~ > Benjamin M. Lawsky ~ , =; ~ . ' ~ Superintendent `'`~S,'~''T ~~ -- __ - `' o~'~, ~' By `-~ ~ .z-,~u-~.~ q~ yam, ~ ~~~,; j _~ ; tr ~` ~~,~} ~'~` ~~ Jacqueline Catalfamo Special Deputy Superintenaettt C?xiginal on 1'l%aterniarked Paper WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUTTHE RED BORDER ~A~ POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney-In Fact No. 224393 Certificate No. O O `t J ~J H J ~ V KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Fazmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guazanty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guazanty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas M. True, Marc J. Michalewsky, Sandra A. Pace, Lisa A. Anderson, Sandra A. Amory, and Francesca P. McAllan of the City of Westfield ,State of New Jt;rsey ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guazanteeing the fidelity of persons, guazanteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of July 2012 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company lath St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ASU ",q>anxn~~ h ~~ ~G 1~j ~ Jy F10.E4~ ~1~N..~NSG '11NSNq t pItY ANp ~YI4_ O OPP. NIA L L r .~ O : ' .. 9 JP ........... 9 qJ y 1',F~ ~Ifry "vJ y ~ W 4 P T" ' f J,yp"4 i' '~. 1' ~E G '~ l~ (7 1982' O ~trIFORATEO ~ ~I~°PVaRA1f y' !W.'6°RPORgT~'..~,£ °P 9~ P. y~~ z ~~, t 1977 195 ~ ~' ` ~: _._ ,~; a HARTFORD t ~H4RfFORD ~ ~ "r Y D 1 J'• SERI, io"3 ~' .••. ° r CONN. ° CORM. P g, 1896 -~ e~um,~ SN AN..~ 1S ~~' ~d1 '~! ANA State of Connecticut City of Hartford ss. By: Georg Thompson, e~ior ice President On this the 13th da of July 2012 Y ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaanty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaanty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ~p.Tl~T In Witness Whereof, I hereunto set my hand and official seal. ~ My Commission expires the 30th day of June, 2016. ~ ~Ueuo~ `('(~ c~n~ C . Marie C. Tetreault, Notary Public 58440-6-11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS E RED WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority 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, contracts 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 time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of 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 the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Secoud Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretazy or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate beazing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified 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 which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and afftxed the seals of said-Companies this ~St day of ` ~ ~"'t , 20 ~ . G~ Kevin E. Hughes, Assistant Sec tary ~,oon~ wix pNSU.~ F\RE aWgy ~4 ~Nf.~ ' j 1NSU'h'* Pl1Y A/y0 ~YIW <~. ~ J~ .4 0~........ .G,D JP;.........g9,` ~ 9J s~ ~~O SUgn~ ~ ii' J~ (l ~ N~ ~ z .1'I~~RPORA )E-,sic') iW.~'~c~aPORAlf:~~'t^~ y ~ S W1R1T'{SflD, < I' G w; E E . n. a HARTFORD, + ~ Z 1982 ; 1977 g 1951 ;~SENI.io": ~~`+:srRL:~3 ~, coHH. g ~~2~ `V b w s c° o-~'••.......: ~yd`J ~>:~.... : 'aD s ~nr A~1 AtN°' ~y ~ ~~ ~ ~ '~'a~ux~~ 1S.ANN~ ~.lg ...~.. rep 61 na i, n h.~w .y,,, To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. 'i RAVELGRS CASUALTY AND SURETY COMPANY OI" AMERICA HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT k5 OF DECEMBER 31, 2017 AS FILED IN THE STATE OF NEW YORK CAPITAL STOCK 5 6,480.000 CASH HNO WVESTED CASH S 15,936,741 UNEARNED PREMIUMS '83.405.66? 901,D58.710 fi0"JO5 3,'i13.171,015 798 732 50 LOSSES REINSURANCE PAYABLE ON PAID LOSSES & LOSS A.} ExPF-NSF:S 1446 02t ENVESTME?JT INCOME UUE AND ACCRUE?; , , 697 ?80 730 LOSS ADJUSTMENT EXPENSE:c 534,370 F60 OTHER INVESTEDA5SET5 , , 508 184 942 COMMISSIONS 29'281'779 PR=_MIUM BALANCES , , 378 63 274 TAXES, LICENSES AND FEES 66,762.894 NAT DEFERRED TAX ASSET , , 524 12 410 OTHER EXPENSES 35 588,967 REINSURANCE RECOVERABLE SECURITIES LENUtNG 12EINVESI LD COLLAT[R.=,l ASSETS , , 7.769,155 4 FUNDS HELD UNDER REINSURANCE TREATIES CURRENT FEDERAL AND FOREIGN INCOME:'TAXE:S E+4448,544 60,675„573 RECF.I'VA3LES FROM PARENT, SUBSiGIA.RiES AND AFFILhHTES 11,080, 70 (7 439 585) REMITTANCES AND ITEMS NOT ALLOCATED ;y.L70.931 UNDISTREBUTED PAYMENTS , , 88< 093 AMOUNTS WITHHELD t RETAINED BY COMPANY FOR OTHERS 79 084 846 O"NER ASSETS , RETROACTIVE REINSURANCE RESERVE ASSUMED 3,153,164 POLICYHOLDER DIVIDENDS 5,734121 PROVISION FOR REINSURANCE 5.314,325 ADVANCE PREMIUM 726'888 155 769 7 PAYABLE FOR S'cCURITIES LENDING , , CEDED REINSURANCE NET PREMIUMS PAYABLE ;74.803,744} ESCHEAT LIABILITY •1.5,399 062 282 OTHER ACCRUED EXPENSES AND LlAFILITIES . ' TOTAL LIABILITEE5 1 $ 2 559 106 95 CAFITALSTOCK 5 648;3045 PAID I'J SURPLUS 433.803:757 1 34G 1b8 061 OTHER SURPLUS T07ALSURPLL'S Tv^ POLICYHOLDERS _S i.iBG 45.._~,E21 S 4,339 558 ">78 ~ TOTAL UABIL?TIES & SURPi.US S 4.339 558 7 7 8 ': CyTAL ASSETS ~- SAT(_OFCONN:CTICU'T 1 COU'.J iY Of lLARTEORD ) 55. CETY OF }-tARTrORD ? MICHAEL J. DOODY, BEING DULY 5L"v'ORN, SAYS TH.aT HE IS SECOND VICE PRESIDENT. OF TRAL'ELERS CASUALTY f.NG SURETY COMPANY OF AME.RfCk. AND TKAT TO THE BEST DF HIS KNOWLEDGE HNO BELIEF, 'fEdE FOREGOING 15 A TRUE AND CORRECT STATEMENT OF THE RNANGIAL CONDITION OF SA;D GORr,PANY AS OF THE 31ST DAY OF DECEMBER, 2012. --~., ~' s ~ ~`,, ~.~ SECOND VICE PRESIDENT SUESCRI3E Atp SWORN TO BEFORE NEE THIS NOTAi~F PUB'i.iC~' "` ~~.~~ 20TH DAY OF MARCf~I. 2013 SIBS-1N ~S. VcT11SLi~iI)T:4Z ~ 4~7C"rNnmixr9unl'xprrus'~4,rrntbzr.it-,^hl' __ _ _~ LABOR AND MATERIAL PAYMENT BOND The form bound in this manual should be used. Na other farm of payment bond may be used except with prior approval of the Owner, after review by the Town Attorney, which approvai may be granted or yvithheid, in the Owner's discretion. - 43 - LAf3C}R AND MATERIAL RAYMENT BOND &md No. 10.5898239 Travelers Casualty and Surety Crn~ry of ?r:rrerica __ _ ____ ___ _ , as surety ("Suret~~' ): ilnsert Proper Name of Surety) Avello bothers Crmtractors, Inc. and _ -_ ~------- ----- --- {insert Proper Name of Contractor) as principal ("L'ontraotor"}, enter into, execute this band ("Payn~ent Bond"}, and bind tf tr~rnsehics in favor of Town o_f Wappir~er~ 13ew York ___ .___ (Insert Proper Name of Owner) as obii~ee ("Owner"} in thz penal surn of $125,725.00 (Coe I3~.~ed ~tv Five 'Ihosuand_ , Sever- Ii~~rod Ti~r-ty Five arri 00/100 ]bllars) (insert Penal Sum) . - ass of the _ Atgust_14, _2013 _ (Inset Gate of Construction contract) WHEREAS, the Cartra~:tor has executed a contract with the G+r~ner of e~~en date hers~wit'i „ „ hhrtz Field Fast, Contract 13--013 - Temi.s Comet ( Ganstruction Contract) for construction of ~_v _ _ _. ___ _ Itecaistnxtion Project for the Town of Wappirger, Naa York (Insert Desrriptian and Location cf the Cons} urtier~ Pro,j+ect) "~RO..ECi"}; anal, WHEREAS, the owner has required the Contractor to furnish this Paynien; BUrd cantainin~ the terms and canditinns set forth herein as a canditir~n to executing the Ccnstruction Contract with the Contractor; NOW THEREFORE, the Surety and the Contractor, both ~dintly and seueralfj~, and for ther•+~selves, their Heirs, administrators, executors and successors agree: The ~Construrtion Contract is hereby incorparateal herein ar.d ny reference made a part hereof to the same extent and effect as though it were r,.opied vei bafim i~erein The Surety and the Cantractdr are bUUnd for the full f~erFGrmance rf the Construction Contract including without exception of all its terms and corsditions, both express and. implied, and, without limit~tien, specifically Including Contractor's r,biigation to pay for labor, materials, services and equipment pro~rided in Gannect:ion with t`~e Construction Contract p$rformanae; _ 4~, 2. r=or purposes of this Payment Bond, Beneficiary is defined as a person or entity who has actually provided labor, material, equipment, services or other items far use in furtherance of the Construction Contract, and having: (A) a direct contract with the Contractor; or (B) a direct contract with a subcontractor of the Contractor; ar (C) rights, under the laws of the jurisdiction where the Project is located, to file a lien, a claim or notice of Tien, or otherwise make a claim against the Project or against funds held by the Owner, if the Project is, ar were, subject to such filing. 3. The Surety shat! not be obligated hereunder to a Beneficiary other than a Beneficiary having a direct contract with the Contractor unless such Beneficiary has given written notice of its claim to the Contractor and the Surety within the longer of: (~) ninety (9d) days of after such Beneficiary provided labor, material, equipment, services or other items for use in furtherance of the Construction Contract; or, (B) the period of time provided by ifie jurisdiction wherein the r'roject is located far (1) firing of a lien, claim of lien, notice of lien, if the Project is, or were, subject to such filing, or (2} otherwise making a claim against the Project ar against funds held by the Owner; stating the amount claimed and identifying, by name and address, the person or entity to whom such labor, material, equipment, services or other items were provided. 4. I n no event shall the Surety be obligated hereunder for sums in excess of the Penal Sure. The Penal Sum steal! be deemed increased by any amount by which the contract price increases by virtue of change order. See Article 5 of the Genera! Conditions of Contract. 5. Upon receipt of a claim from a Beneficiary hereunder, the Surety shall promptly, and in no event later than 30 days after receipt of such claim, respond to such claim in writing (furnishing a copy of such response to the Owner) by: {A) making payment of all sums not in dispute; and, (B) stating the basis for disputing any sums not paid. d. Na action shall be commenced by a Benefiiciary hereunder after the passage of the longer of one (11 year following final completion of the Construction Contractor, if this bond is provided in compliance with applicable law, any limitation period provided therein. If the limitation period contained in this Paragraph is unenforceable; it shall be deemed amended to provide the minimum period for an action against the Surety on a payment band by a third-party beneficiary thereof. - 45 - 7. Any and all notices to the Surety or the Contractor shall be given by Certified Mail, Return Receipt Requested, to the address set forth for each party below, ']~avelers Casualty aryl Surety C~nperc~y of America SURETY: 770 -P~sylva~li.a ~~, Sui.te ll0 Extal, PA 19341 CONTf~ACTOR' Aciello Brothers Contractors, Tiic. 60 Fulton Street Rx~~keq.~sie, NY 12601 OWNER: T~ of Wappi~er ' 20 i~eh ~~, Road Wappingers Falls, IVY 12590 COO'1TRACTOR Avel.lo Bc:olhers ttxttractors, Ir~c. SEAL i7YPE~J NAME) - (SIGNATURE) ~ ~ ~ ( RINT AM ,TITLE A RESS) August 21, 2013 (DATE aF EXECUTION) SURETY ~ casualty and suety C~zn~y of t~ca SEAL (TYPED N E) ~ `~~~~ ~ ~~ ~~~ I+;NaTUa~> Fratresca P. l~Allan, Attorney in Fact 325 Dbrth Ava~.~e Fast, Westfield, 1VJ 07090 (PRINTED NAME, TITLE & AbbRESS) August 21, 2013 (DATE dF EXECUTION) NOTES: 1. Date of Bond must not be prior to date of Contract. Z. If Contractor is a Partnership all partners should execute the bond. 3, Surety Companies executing Bonds must be authorized to do business ~n New York State and be approved by the dwner. 4, All bonds shall be ire a form acceptable to anct shat{ be approved by the Owner. - 46 - STATE CAF tUEW YQRK 1 ss: GGUNT~f ~7F Ov.~C~nes S ) an the ~_... day of ~~Us au ~3 , before me, the undersigned, a Notary Public in and far said State, persona{ly appeared / ~_ persona{ly known to me or proved to me on the basis of sat{sfactory evidence to be the individua! whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individua{, or the person upon behalf of which the individual acted, executed tine instrument. ~~ _ _~~~ _ QTARY P~ Donna A Round Notary Pubiic, State of New York No. 01806086224 pualified in Dut res Jan. 21 t20 ~ ~~ My Commission Exp - 47 - SURETY ACKNOWLEDGMENT State of New Jersey County of Union On this 21st day of August, 2013 Before me personally came Francesca P. McAllan to me known, who being by me duly sworn, did depose and say that he/she is an Attorney-in-Fact of Travelers Casualty and Surety Company of America the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. SANDRA A. AMORY NOTARY PUBLJC OF NEW JERSEY My Commission Expires My commission expires A,,,,,~~+z, ~,,,e State of New York I}~.~~t{'I'~+I~ t}~ giN~ENCI~L S~YIC~S '1~iEkS IT ~cf'f'~kiiS Tf~4T Tras elers Casuali~- and Sureif Compan;~° of ~'~merica Horne Ofihce Address I Iartfard, Connecticut Organized under the Laws of Canncctieut has complied with the necessary requirements of or pursuant to law, it is hereby licensed to do within this State the business of ~ivc,.;ent Ctlttl ir~;alth, ale, mrscellaneous property, water damage, burglary anti theft, glass, holler and n~achmery, elevator, animal; callisic7n, personal injury liability, property damage ]iability, workers' compensaUan and employers` lia2~iiity, deliry anal surety. credit, motor vehicle and aircraft physical damage, marine and inland marine, marine ~>r~-stc;ction and indemnity , residnal ~;~a9ue, s~r~~ice contract reianbursement, legal sen~ices and gap insurance, as spe.cifitd in paragraph{s) 3, ~, S; 6, 7, $, 9, 1{3, l 1, 12, 13, 14, 15, lb, 1', 19, ~0, 21, ?2, ?8, 2~ and 26{j1,){l3}{C){17) ol` Section i 113(a) ol'tl~e'~ew Fork lnsurancs l..aw and also such ~iorkers' compensation insurance as may be iracidcnt t;~ cr=v~erags contemplated under paragraphs 2Q and 21 of Section 1113(a), including itasurances descr7L7ed in the l:o?lgsirorerner:'s anti I:3arbor ~~arkers' Compensation pct (Public ~.aYV No. 8~3, 69 Gong. as amended; 33 [7SG Sctiolr ~)ta 1 ~t seci. as arnendcd) , acid as authcrri~d by Section 41 ~2{c), insurance of every kind or des4ripcicrr ouisidt i>f tlie. t `n3ted States and rein5trrance a~l' every kind or description to the extent. pern~ittod b~~ cet~ti#ied cobs= of its cl~~lrter document on fill; in ibis I)epartrnent until 3uly 1, ?01~. ~~~r~ In Witness Whereof, I have hereunto set my hand and affixed the official seal of this Department at the t~ity of Albany, New York, this ist day of July, 2013 Benjamin M. Le~vsky Superintendent "' r ~a .~ ,~. ;~ u ~ r ~ .t = ` ~ t+~!}~~_ bxc~slo~ ~?! ~~ ,, J- f 1, ;`! Jacqueline entalfnmo Special I3eputy Superintendent t~riginal on 1?4'atzrn}arked Paper ING: THIS POWER OF ATTORNEY IS INVALID nIA~ POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 224393 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. O O T `+ ~ " " O KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company aze corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Stale of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Thomas M. True, Marc J. Michalewsky, Sandra A. Pace, Lisa A. Anderson, Sandra A. Amory, and Francesca P. McAllan of the City of Westfield ,State of New Jersey ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 13th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Jul 2012 day of y Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G/.SUq ~.q~~'~~~1y rF10.E4 \~N.. ~!!SG rP~.l~~. 4w`: JP\tY ANON 171631NIIY YY'Y~ <r t! ~ Ana„„. O: M :~ J : _._ .. N •y e ° ~ yy~~ ~y ~'c~~~FD p 199 r ~+C~ A>ef P: µPORAl' p ^` I Or .00'P8 ~ O 1977 ~ •~ ,,n 1• RPOR c+ W CO f C`i aP 9 J fI~RTFCRQ i < cv ~ F E . ~ : HARTFORD, ~ 1896 4c~ S,D 1951 2. ~', SE ALIo° ~`:SBRL:'a' ~~ CONN. ro ~+• ~ ~ < c++' N - fj 1 b ~, ~ 0.P G~ ~a'.'•......-'a'~1 v!`•... :`dD d aD ~~ ~ q.~ ytNp A.Y ~ FN d ~ ~"`w N~c lS.~»N+~ tg ..~...'d 6r n,~ • '~ '~/ A1N„ State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 2012 On this the 13th day of July ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. ~~•~~ My Commission expires the 30th day of June, 2016. ~ ~°UBUG ~s 58440-6-11Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Marie C, Tetreault, Notazy Public WITHOUT THE WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Compan}l, Fidelity . and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guazanty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority 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, contracts 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 time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of 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 the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretazy or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, 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 certified 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 which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which. is iti full force acid effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ~t day of `'-'~u~t 20~ . r~~ Kevin E. Hughes, Assistant Sec tary Hsu ,.w,oo~a~„w „,...,... rG ~~,nrL J~ftaE 6~ O\~N..~NSG9 P+ 1NSU q~t. JP~tY Ary0 ~r~ ~. ~ , ~IPORATB) m ~i P ~ PPORq ~' t 9 : ~ e° 1977 g 195 ~ "` - { a: _._ E'; ~ e a NRArFORO, ~ruat~anq~ ~ "'~mo n be 1 ~''• S E $ '"' 1 ~ + ~ W CONN. n ~~ ~ 1896 W O N '~ J 1~ '~ c° tea:, G: p°s o`:,SBAL a ,~. To verify the authenticity of this Power of Attorney, call I-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. TRAVELt:RS CASUALTY AND SURETY GGMPANY OF AMERICA HARTFORD, CONNECTICUT O61B3 FINANCIAL STATEMENT AS OF CECEMBER 31, 201? AS FILED iN THE STATE OF NEVJ YORK CAPITAL STOCKS 6,480.000 CASH kND INVESTED CASH S 15,936,791 UNEARNED PREMIUtJ:S S '63.40`d,65? 710 90? 058 ~ 3,713.171,015 732 50?98 LOSSES REINSURANCE PAYABLE ON FAIL` LOSSES & LOSS ADJ E XPF~NSES , . 1446,021 INt'ESTMENT INCOME DUE ANU ACCRUED . 697 730 ?80 LOSSAOJUSTMENTEXPENSF=.S 534,370660 OTHER INVESTED ASSETS , , SQ8 164 942 COMMiSS10NS ?9.?81,779 PREMIUM fiALANCES , , 274 376 63 TAXES. LICENSES AND FEES 66.762.894 NET DEFERREC TAX ASSET , , 524 410 12 OTHER EXPENSES 35.58&,967 REINSURANCE RECOVERABLE SECURITIES LENDING REINVESTED GOLLAT>-R. ;;. ASSETS , . 7.769,155 FUNDS HELD UNDER REINSURANGE TREAj IE5 :: TAX4::S NT FEDERAL AND FOREIGN 1NCOM 5,4$,.5647' RECEIVABLES FROM PARENT. SUBSIGIARIE.S AND AFFIi.tATES 11,080,470 585) (1 439 , CURRE REMITTANCES AND ITEMS NOT ALI.OGATED ,y X70 93 ~ UNDISTRIBUTED PAYMENTS . , 884 093 AMOUNTS WITHHELD /RETAINED BY COMPANY FOP. OTHERS 79,084 806 fl'+r~ER ASSETS , RETROACTIVE REINSURANGE RESERI/F~ ASSUMED 3,163.164 POLICYHOLDER DIVIDENDS .5.730.121 PROVISION FOR REINSURANCE 5,31d,325 ADVANCE PREMIUM 726.E98 155 769 7 PAYABLE FOR SECURITIES LENDING , , CEDED REINSURANCE NI'T PREMIUMS FAYAQLE ;70.SC3,744) ESCHEAT LIABILITY x2''339 OTt1ER ACCRUED EXPENSES hND LIABILITIES ?82.062 TOTAL LIAB1LITiE5 S 2 555 906.95? CAPITAL STOCK fi46C 00:7 PAID IN SURPLUS 433.803.76 OTHER SURPLUS 1~C 168 061 TOTAL SURPLUS TO PUUCYHDLDERS S 1~78C 4S1 EZ1 S 4.339 558.778 TOTAL LIABILITIES 8 SURPi.US S 4 339 558 778 ?GTAL ASS: TS ST;kTE DF CDNNEC7IGU"t COUDIiY CF t3ARTF0RD ) SS. CIiY CF HARTFORD 1 MICHAEL ~ UDDC'Y, Eir.ING T7ULY Sl4'ORh, SAYS THAT HE IS SECOND VICE PRESIDENT. OF TRAVELERS CASUALTY F.NO SURETY COMPANY OF AME.RtCk. AND Thal TC THE BEST OF HIS KNOVv~EDGE AND B~I.IEF, T'HE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CCNCI iiOtJ Oi SAID COMPANY AS OF THE 31ST DAY OF CECEMBER. 2012. SU55CRI3EC AND SWORN TO BEFORE ME THIS ZCTH DAY OF MARCFl, 213 , ~ ~d f a ' c ~ ~ ~ _.,........,._..,_ ........_......_.,,__._,....,._,......... SECOND VIGF~PRESt[9EN7 di NOTA P r.IC ^ S1~~:1iv~'~t. V~'FI'itil.I:t)F:R .,,..__W_.__._- Vot.7r1' 1')r8ti. i dltCummdssh,nJ'.xprres.4'rmr~mb~:rB..p="