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HomeMy WebLinkAboutBOND LIST Application 1Disclosure Statement 0 ZURICH Contract Bonds - BC ZURICH AGENT/BROKER COMPENSATION DISCLOSURE Dear Policyholder: On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent many insurance companies. Because we do not employ your agent or broker, the way they are compensated may vary. We recommend you discuss these arrangements with your agent or broker. Like many other insurers, when Zurich compensates your agent or broker, they may receive two types of payments. The first type of compensation is known as "base commission," and the second is called "contingent compensation." For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your business, please go to http://www.zurichna.com. Click on the information link located on the AgenVBroker Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information - Thank you. Access Code: 2016084474 U-RET—EA02-Acw (09/06) Page 1 of 1 Bond No: 8765995 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS, that we CDI Contractors, LLC hereinafter called Principal, as Principal, and Fidelity and Deposit Company of Maryland a corporation of the State of Maryland Baltimore Maryland , hereinafter called Surety, as Surety, are held and firmly bound unto City of Little Rock, Arkansas hereinafter called Obligee in the sum of Eighty -Six Thousand Two Hundred One and No/1.00 ($86,201.00)-------------- DOLLARS, lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 5th day of December 2008 WHEREAS, the Principal entered into a contract with the said Obligee, dated December 5, 2008 for Bank of The Ozarks Corporate Headquarters and, WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on the 5th day of December 2008 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy, without cost to the Obligee, any defects which may develop during a period of One Year from the date of completion and acceptance of the work performed under the contract, caused by defective or inferior materials or workmanship, then this obligation shall be void: otherwise it shall be and remain in full force and effect. ATTEST}'d // / I U CDI Contractors, LLC By: Fidelity and Deposit Company of Maryland r CJ By Jea4itte D. Blanke , Attorney -in -Fact CON80010ZZ0601f Disclosure Statement 0 Contract Bonds - BC ZURICH AGENT/BROKER COMPENSATION DISCLOSURE Dear Policyholder: ZURICH On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to represent your company's interests in the placement of insurance coverages. As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products through agents or brokers- This means that your agent or broker is not employed by Zurich and, in fact, may represent many insurance companies. Because we do not employ your agent or broker, the way they are compensated may vary. We recommend you discuss these arrangements with your agent or broker. Like many other insurers, when Zurich compensates your agent or broker, they rnav receive two types of payments. The first type of compensation is known as "base commission," and the second is called "contingent compensation." For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with your business, please go to http://Www.zurichna.com. Click on the information link located on the AgentlBroker Compensation Disclosure section. Where appropriate, insert the Access Code provided below, and you will be able to view this information. Alternatively, you may call (1377) 347-6465 to obtain this type of information. Thank you. Access Code: 2016084474 U-RET—E-402-A CW (09/06) Page 1 of 1 Project Contract Between Nabholz Construction Services And Frank Sharum Landscape Design, Inc. For Arkansas Foodbank Network 04106002S329323 AGREEMENT made as of 26th day of April, 2010 BETWEEN Nabholz Construction Services 1718 Aldersgate Road Little Rock, AR 72205 Phone: (501) 217-5514 Fax: (501) 217-5714 AND Frank Sharum Landscape Design, Inc. 10012 Hwy 71 S. PO Box 6524 (72906-6524) Fort Smith, AR 72916 Arkansas Contractor's License #: 0004160410 Project Arkansas Foodbank Network 4301 W. 65th Street Little Rock, AR 72209 Architect Roark, Perkins, Perry & Yelvington Architects 713 West Second Street Little Rock, AR 72201 CONSTRUCTION SERVICES JVED J11 , G 2..010 THIS PROJECT CONTRACT by and between Frank Sharum Landscape Design, Inc., hereinafter called the Subcontractor, and Nabholz Construction Services, hereinafter called the Contractor, agree as follows: ARTICLE I. Documents. This Project Contract is' supplemental to the terms and condition of the Master Contract Between Contractor and Subcontractor dated Thursday, February 13, 2003, and any amendments thereto, ("Master Contract"). Together the Master Contract and this Project Contract form a separate contract between Contractor and Subcontractor applicable only to the Project ("Contract"). Subcontractor agrees to furnish all material and perform all work as described in Article II hereof for the Project for Contractor at the Project Location in accordance with this Project Contract, the Master Contract and the contract between Owner and Contractor, and with the General Conditions of said contract, Supplementary General Conditions, the Drawings and Specifications and addenda prepared by Roark, Perkins, Perry & Yelvington Architects, hereinafter called the Architect or Owner's authorized agent, all of which documents signed by the parties thereto or identified by the Architect or Owner's authorized agent, form a part of a contract between the Contractor and the Owner dated Thursday, April 01, 2010, and are hereby made a part of this Contract, and referred to as the Contract Documents, which shall be made available to Subcontractor upon request before and at anytime after signing this Contract. NPC1.1 7-01-06 Page 1 of 3 M1• ARTICLE II. Scope of Work. Subcontractor and Contractor agree that the materials and equipment to be furnished and work to be done by Subcontractor (hereinafter "Work") are: Provide all Labor, Materials, Equipment, Supervision, applicable Taxes, Insurance, Permits & Fees necessary to completely and properly install all the landscaping and irrigation for the Donald W. Reynolds Distribution Center for the Arkansas Foodbank Network in Little Rock, Arkansas. Work to include, but not limited to all plants, trees and 100 CY topsoil at planting areas; Bermuda sod including 18" strip around all curbs and sidewalks; hydro seeding; hardwood mulch; metal edging; chocolate gravel at dry creek and building edge strip; irrigation; and other material and labor not specifically described but required for a complete and proper installation as defined in specifications sections 02218, 02811, 02932, 02936, 02950 as well as the general requirements section of the specifications. Subcontractor will protect existing adjacent work of other trades; provide OSHA compliant scaffolding system and/or hoisting for your scope of work. All work is to be in accordance with plans and specifications dated February 22, 2010 as prepared by RPPY Architects for the Donald W. Reynolds Distribution Center Arkansas Foodbank Network. Cleanup to be performed on a daily basis to the satisfaction of the Nabholz Construction Corporation Project Superintendent is part of this contract. Strict adherence to the project schedule is part of this contract. Adequate and skilled manpower will be provided to start and complete the work in accordance with the Project requirements. Addendum #1 dated 03-11-2010, Addendum 92 dated 03-17-2010, and Addendum #3 dated 03-18-2010 to be a part of this contract as it pertains to your scope of work. Add alternate of $11,012.00 for loop drive and crushed granite walks is not to part of this contract. Deduct alternate of ($2,300.00) is to be part of this contract. Inclusions 000001 Landscaping 000002 Deduct Alternate at loop drive ($2,300.00) 000003 Irrigation Exclusions 000001 Topsoil except as listed above 000002 Sleeves 000003 Water Meter ARTICLE III. Commencement. The Date of Commencement is the effective date of this Contract as first written above, unless otherwise set forth below: ARTICLE IV. Payment. 1. The Contractor agrees to pay the Subcontractor for,the performance of the Work the sum of Seventy thousand five hundred twenty six and 00/100 Dollars ($70,526.00) in current funds, subject to additions and deductions for changes as may be agreed upon, in writing, and to make monthly payments on account of 90% of Work completed thereof in accordance with Article X of the Master Contract. 2. Monthly estimates are to be submitted on the 25th day of month with Payment Requests. 3. Subcontractor shall submit Payment Requests in the form attached hereto. NPC1.1 7-01-06 Page 2 of 3 MARSH Mary Pena Client Representative May 14, 2007 Johann Linker BFI Waste Systems of Arkansas, LLC 3817 Mabelvale Pike Little Rock, AR 72204 Marsh USA Inc. 1000 Main, Suite 3000 Houston, TX 77002 713 276 8762 Fax 713 276 8325 Toll Free 1 866 232 5065 Mary. Pena@marsh.com www.marsh.com Subject: City of Little Rock Planning and Development Performance Bond # 6478960 Dear Johann: Attached please find an executed Performance Bond on the above referenced project. The document is ready for filing with the Obligee. Should you have any questions please call. Best regards, I *ead Mar Y Client Representative /mp Enclosures [;� Marsh & McLennan Companies SAFECO Insurance Company PO Box 34526 Seattle, WA 98124-1526 PERFORMANCE BOND Bond 6478960 KNOW ALL BY THESE PRESENTS, That we, BFI Waste Systems of Arkansas, LLC, 3817 Mabelvale Pike, Little Rock, AR 72204 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA , a corporation duly organized under the laws of the State of Washington (hereinafter called the Surety), as Surety, are held and firmly bound unto City of Little Rock Planning and Development, 723 Markham Street, Little Rock, AR 72201 , (hereinafter called the Obligee), inthesumof Thirty Eight Thousand Three Hundred and 00/100------------------------------------------- -------------------------- " - ($ 38,300.00 ) Dollars, for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and sealed this 10th day of , 2007 WHEREAS, said Principal has entered into a written Contract with said Obligee, dated for Landscapinq and Pavinq/Concrete Parkinq Area for New Office Area for the term of 05/10/2007 - 09/30/2007. in accordance with the terms and conditions of said Contract, which is hereby referred to and made a part hereof as if fully set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the abovb bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two (2) years following the date on which Principal ceased work on said Contract. BFI Waste Systems of Arkansas, LLC Principal By ZUia"LIIA. a,, I U_ . Pow ��yo� Mary Pe Attorney -in -Fact n SEAL SAFECO INSURANCE COMPANY OF AMERICA s�T 1953 0� �-k 0 For Inds BY Melissa Haddick Attorney -in -Fact S-0757/SAEF 10/99 Safeco® and the Safeco logo are trademarks of Safeco Corporation. FRP "'r Al ALLIED WASTE POWER OF ATTORNEY Allied Waste Industries, Inc., incorporated under the laws of the State of Delaware, and having its chief place of business at 18500 N. Allied Way, Phoenix, Arizona 85054, hereby makes, constitutes and appoints Marsh USA Inc. acting through and by any of Donald R. Gibson, Sandra Parker, Melissa Haddick, Mary Pena, Joe Martinez Elizabeth Rhodes and Tannis Mattson, its true and lawful attorney and affix its corporate seal to and deliver for and on behalf as surety thereon or otherwise, bonds of any of the following classes, to wit: Surety bonds and/or bid bonds to the United States of America or agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; license and permit bonds or other indemnity bonds under the laws, ordinances or regulations of any state, city, town, village, board, other body organization, public or private; bonds to transportation companies; lost instrument bonds; lease bonds; worker's compensation bonds; miscellaneous surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and similar public officials. 2. Surety bonds and/or bid bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries, including, but not limited to, Allied Services. LLC, Allied Waste North America, Inc., Allied Waste Systems, Inc., Allied Waste Transportation, Inc., American Disposal Services of Missouri, Inc_, BFI Waste Systems of North America, Inc., BFI Waste Services, LLC and BFI Waste Services of Texas, LP in connection with bids, proposals or contracts. To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc_ and its subsidiaries, relating to the provision of solid waste collection, transportation, recycling or disposal services by Allied Waste Industries, Inc. and its subsidiaries. Allied Waste Industries, Inc. hereby agrees to ratify and confirm whatsoever Marsh USA Inc. shall lawfully do pursuant to this power of attorney and the letter agreement dated October 29, 2002 between Marsh USA Inc. and Allied Waste Industries, Inc. and until notice or revocation has been given by Allied Waste Industries, Inc. the acts of said attorney shall be binding on the undersigned. ' l IN WITNESS WHEREOF, this Power of Attorney has been signed this Y day of December, 2006, on behalf of Allied Waste Industries, Inc. by its Vice President, Acting General Counsel and Assistant Corporate Secretary, Jo Lynn White. ALLIED WASTE INDUSTRIES, INC., a Delaware corporation By: Jo Lynrt ite STATE OF ARIZONA ) )ss, COUNTY OF MARICOPA ) / Subscribed and sworn to before me this day of December 2006, by Jo Lynn White. Notary Public 18500 North Allied Way Notary Publir. State of gntpne Phoenix, AZ 85054 Maf=pa County 4B0 627.2700 / FAX 480 627.2701 Susanne AWebb www.alliedwaste,corr Expires September 17 2oop F W POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. 5713 Safeco Insurance Company of America General Insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint --DONALD R. GIBSON; MELISSA HADDICK; JACQUELINE KIRK, JOE MARTINEZ; TANNIS MATTSON; TERRI MORRISON; SANDRA PARKER; Houston, Texas**----*--��.�...������ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 17th day of April 2007 _STEPHANIE DALEY-WATSON�SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10th day of May 2007 SEAL w SEAL�df• x ar 1953 192I /►TF� ,�C ��� STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. S-0974/DS 4/05 WEB PDF TreeHouse Developers, LLC P.O. Box 2590 - CONWAY, AR 72033 - (501) 513-3000 - FAx (501) 513-3004 August 24, 2005 Ms. Christy Marvel City of Little Rock Department of Planning and Development 723 West Markham Street Little Rock, AR 72201-1334 Ref: Surety Bond for Landscaping, 1016 McGowan Ms. Marvel, Attached is the Surety Bond for completion of Landscaping at 1016 McGowan in Little Rock. All sprinkler systems, sidewalks, curbing and parking is complete. Sod is complete except for the back of the building. Trees and bushes still require planting. The estimate to complete the Landscaping is $2,000. The justification for this amount is as follows: Trees and Bushes Lonoke Nursery 681.00 Additional Sod Double Springs Grass Farms 890.00 Labor 429.00 TIMTM— I trust that this will be sufficient. If you have any questions, please call me at (501) 428-0610. Respectfully Yours, Bob Etters The Cincinnati Insurance Company Cincinnati, Ohio Bond No. 8872606 License Bond KNOW ALL MEN BY THESE PRESENTS: That Treehouse Developers, LLC located at (address/city/state/zip) as Principal; (hereinafter called Principal) and The Cincinnati Insurance Company, located in Fairfield, Ohio, as Surety (hereinafter called Surety) are held and firmly bound unto City of Little Rock, Arkansas as Obligee (hereinafter called Obligee) in the full and just sum of Two Thousand and 00100 (S2,000.00 ) to be paid to said Obligee, its successors and assigns, for the payment thereof well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns fuYnly by these presents. The condition of the above obligation are such that WHEREAS the Principal is an applicant fora Landscaping license and WHEREAS, the said Principal will conform in all respects to the ordinances and building codes of the Obligee while performing landscai)ing work. WHEREAS the effective date of this bond is August 24 2005. NOW, THEREFORE, if the license shall be issued to the Principal who shall conform to the ordinances and codes, including all amendments thereto, of the Obligee, then this obligation shall be void, otherwise, the same shall remain in full force and effect until: ® DEFINITE TERM ending November 24 2005 unless renewed by Continuation Certificate. ❑ CONTINUOUS until cancelled by Surety It is hereby agreed and understood: (1) Regardless of the number of years this bond shall remain in force and the number of annual premiums paid thereafter, the aggregate liability of the Surety hereunder is limited to the penal sum of this bond and any payment or payments made shall reduce the amount of the bond to the extent of such payment or payments. (2) That the surety company reserves the right to cancel this bond by giving thirty (30) days written notice to the obligee and on the effective date of such thirty (30) day cancellation notice, the surety is discharged and relieved of any liability, it being understood and agreed, however, that the said principal and said surety will be liable for any loss accruing up to the effective date of said thirty (30) day cancellation notice, in no event, however, in excess of the penalty of the bond. SIGNED SEALED AND DELIVERED this 24th day of August 2005. Principal: Treehouse�Developers, LLC By:�—, ro kL Q� ;a I,+', Printed name and title Surety: The Cincinnati Insurate Co parry By: L�-`t t7i r G. **Power of Attorney must be attached to the bond to be valid** THE CINCINNATI INSURANCE COMPANY Fairfield, Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws of the State of Ohio, and having its principal office in the City of Fairfield, Ohio, does hereby constitute and appoint Mark V. Williamson; Mark S. Williamson; Allison F. Hill; Kim H. Shumate; Sharon Larson and/or Sheila D. Smalling of Little Rock, Arkansas its true and lawful Attomey(s)-in-Fact to sign, execute, seal and deliver on its behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows: Any such obligations in the united States, up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company, a quorum being present and voting, on the 6th day of December, 1958, which resolution is still in effect: "RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in- Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of the Corporation, and may authorize any officer or any such Attorney -in -Fact to affix the corporate seal; and may with or without cause modify or revoke any such appointment or authority. Any such writings so executed by such Attomeys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7th day of December, 1973. "RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power. of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." IN WITNESS WHEREOF, THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal, duly attested by its Senior Vice President this 1st day of August, 2004. @emu tmw.�. THE CINNATI INSURANCE COMPANY J CORPORATE 3 SEAL t onin . STATE OF OHIO Senior Vice President ) ss: COUNTY OF BUTLER ) On this 1st day of August, 2004, before me came the above -named Senior Vice President of THE CINCINNATI INSURANCE COMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. OAL �y MARK J. H LLER, Attorney at Law Tr�i''�`• NOTARY PUBLIC - STATE OF OHIO •i+ d ♦ My commission has no expiration ��i� r� �� -,�►�� date. Section 147.03 O.R.C. I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in full force and effect. GIVEN under my hand and seal of said Company at Fairfield, Ohio. this 24th day of August 2005 re CORPORATE 9 SEAL oHsn ' BN-1005 (8/04) 'Secretary POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE Bond # B8872606 Your policy (or the policy propped to you) contains coverage for certain losses caused by terrorism. Premium: We are required to notify you of the portion of the premium, if any attributable to the coverage for terrorist Act certified under the Terrorism Risk Insurance Act of 2002. ■ The portion of your premium that is attributable to coverage for terrorism acts certified under the Act is $ 0. Federal Participation: The Act requires us to provide disclosure of federal participation in payment of terrorism losses. e Effective November 26, 2002, under your policy (or the policy proposed to you), an losses caused by certified acts of terrorism would be partially reimbursed by the United States Government, Department of Treasury, under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage Act of Terrorism: As defined in Section 102(1) of the Act, the term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism, to be a violent act or an act that is dangerous to human life, property or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of the United States mission' and to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy as affect the conduct of the United States Government by coercion. IA 4234 1102 COMPLETION BOND BOND NO 6421349 KNOW ALL MEN BY THESE PRESENT: That, M2Z Construction Com an , Inc. as Principal and Safeco Insurance Company of America as Surety are held and firmly bound unto the City of Little Rock as obligee, in the amount of Forty -One Thousand Six Hundred Fifteen Dollars & No Cents (S 41,615.00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Now, therefore, the condition of this obligation is such that if the principal, will within one year complete the Landscaping and Hardscaping as per city ordinance. These improvements to be made at Arkansas Bar Center, 2224 Cottondale Lane, Little Rock, AR then such obligation shall be null and void, otherwise, it shall remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee named herein or the heirs, executors, administrators, or successors of obligee. Liability under this bond shall terminate as of the 20th day of January o 2007 As to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. Signed and sealed this 20th day of November 2006 Surety Sven C. Russell Attorney- i n-fact Safeco Insurance Company of America General Insurance Company of America POWER Safeco Plaza OF ATTORNEY Seattle, WA98185 No. 13247 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint **********SHERRY L. BURGENER; KAREN J. PAYNE; STEVEN C. RUSSELL; C. DWAYNE SHELTON; MARY JO ZAKRZEWSKI; Little Rock, Arkansas*****************************************:***********************************:****************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 17th day of May 2006 Jw O igJ7.t/ ;V4 140_1 k&Z_I�c STEPHANIE ❑AtEY•WATSON SECRETARY MIKE PETERS PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS.- the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant [hereto, and (iii) Certifying that said power -of -attorney appointment is in full farce and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, ata Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation. this A Q 4— co SEAL y SEAL it X Of mA51� eof S-0974IDS 4105 day of STEPHANIE DALEY-WATSON, SECRETARY Safeco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF Q 000 o cn LO L No 0 o ca cT° (T° c Q CO N N T V `O r Ffl t�} rs to 69 69 to 69 co, to ce to cA w to Vf3 to to ca q w �o H O � c Li a) 0 m E N 3 f0 LLcr?QC7 iii � illli'��Va � � LY1 CI7 U N U oo � � ca W ❑1 N C T m 76 C C c6 C — C @ 0 N U 0 = N I@ Q (U C N c2 E E C a7 0 O a = co U cn LANDSCAPE SPECIALISTS YOU GROW WE MOW, INC. May Construction 2226 Cottondale Lane Little Rock, AR 72203 501-663-5524 501-663-6540 Fax ATTN: Trey Williams RE: Arkansas Bar Center revised landscape bid. Specializing in Commercial Job Sites May 8, 2006 1. Plants and shrubs, trees, inclusive of all tree replacement and removal of the existing plants and trees. Total including tax $7,240.00 2. Irrigation system — Modify the existing system and provide a new system to provide service to for all new planting and areas of sod and groundcover. Total including tax $6,000-00 3- Sod allowance to repair all the disturbed areas and include a unit price per SY to = furnish and install Total including tax $4-00 per SY If you have any questions please give us a call @ (501) 834-4445. Thanks, Scott Jez, President Landscape Specialists of L.R., Inc. P.O. Box 8130 * Jacksonville, AR 72078 * Fax (501) 834-0807 (501) 834-4445 * (501) 223-2221 - 1-888-810-4769 www.landscape-specialists.com 9t 6-3 3001300d 0i7€-1 -WOH-q TO: EL l70 8z-i70 FEB 27,2005 14:52 000-000-00000 page 1 0= Parking Lot Striping :ARKANSAS t rack Sealing Parking Lot 5ignage A D 1t�r Seat coating Bumper Blocks MAR f)l NG' Tennis Courts 10524 Dreher Road • Little Rock, Arkansas 7:2206 - (501) 258-1487 PROPOSAL DATE 2 G -04Q PROPOSAL SUBMITTED TO: NWNE a S�� 127W, Scope at Work W SHEETff WORK T] BE PERFORIVIrM AT: Jf/�ec l��4•',�aL Unit Price Total i WRAWMA rr WA r�k All materlsl in fjoaranteed to lie. :a:; :ipuQilie•d, and mr: :.Ik)UVC work 0 he peHormed it) ;Auumdance with 1110 drawings anti specificahuns submitted for arnvn work anc' comptett,?d in a Eubstnnt el workmanlike rnar)ner for the surd ol: E My Nwa,nn n, n�.,Ui.., i„��i ul,w� •pxuliuiMn�. nrW.�y „Ini �:mrx P► rice;pr:GNUIIy sutimdtrilY4L -- c,c ra aM,. e✓ .cw„ry 4n ae�w��u enrimgnn• ,M.,va.. .v.owm uw.y. rw.+a.;s,u 1,CCEPTANCE OF PROPOSAL The abovo prices, speclticPtions and conditiurrg uro satMactory And are hereby aceepti d You a•e authorized t0 do the work a6 specified. Payments will be made Qs outlined above DATE__ __ 9450 ,I(,NA 'L riE—_ NOV 14,2005 11:26 000-000-00000 page 2 Arkansas Line Markin; Inc. 10524 Dreher Rd. Little koc;k, AR 72206 Name / Address Arkansas Bar Center May Construction Attn. Laura Description Parking Lot Striping Ilandicap Sign 8c post 'mis hid is based on I mobilization for,; ob completion tiny i, Iditional trip will hav of $251) Phone # Fax # E-mail 5018895052 5018881080 klinemurking(("ol.c„t-I Estimate Date Estimate 0 11/9/2006 282 GOOD EARTH H CONSTRUCTION I.C. COST ESTIMRTE INCLUDING IRRIGRTIOW 1/21/85 PROJECT NAME: D06WOOD CROSSING PNASE [ 1 PHONE: SUBMITTED TO: GRUNOFEST COMPANY home: work: 6I;-2324 ADDRESS: fart: 68-2228 AUDIT. INF. MRTERIRL QURNTITIES RRE ESTIMATED. cell: 29-6986 RRKRNSRS CONTRACTOR'S LICENSE # 6979661905 ANY DAMAGE TO LRNDSCRPE DURING OR AFTER IT'S CONSTRUCTION miff IS OUT FOUR CONTROL LOILL RE REppIRED RT ULDNEA'S EHPENSE. flURNTITY SIZE DESCRIPTION UNIT PRICE 76- 1 B IRRIGRTION �1RS�' let13,31 �18A.eA 50-9 7 8'--9' ITT CRAPE MYRTLE &30 S r r 18 V CAI. KOUSR DOGWOOD 11025 $ 295.90 rr 4 2.5" CRL RED MAPLE 52 Z. 5 b $ 261.25 /r 28 1@'_12' HT TREEFORM YOUPON HOLLY 4jA7c S 305.08 4 3" CHL WATER OAK 5 2 = -.TQ $ 261.25 rr 77 7 GAL COMPRETA HOLLY 577. S--) S 15.99 r 78 18 UHL. ELRERGMUS 1 f D 72. 5 n $ 27.5E r/ 59 3 UHL ENCOR AZALEA &&,3.'7 S 22.59 �r 8 10 GAL. NELLIE STEUENS HOLLY 17©, $ 42.59 r r 4 FLRT SEASONAL COLOR '2[p. 2, S 13.13 2154 SQ ifRRD ZOYSIR SDD � q& I.7 $ 2.75 188 CUBIC YARD TOPSOIL (SAD) -72-q $ 8.10 rr 126 CUBIC YARD TOPSOIL 18EUS) 51v.3.0 $ 8.18 29 CUBIC YARD SOIL CONDITIONER lir1 $ 8.19 � 81 CUBIC YARD HARDWOOD MULCH $ 12.08 r r� 399 LINERR FEET STEEL EBBING 3 �{ $ 1.26 5A S METAL GUYING STAKE V $ 2.16 2 ROLL GRLURNIZED WIRE / $ 12,88 „ r 2 ROLL RUDDER TUBING 1p S 6.811 Sa Y 1 DEN60/KBTR EQUIPMENT L qo $ 1,388.90 1 LABOR 3,6gY.5 $ 7,169.09 �o 1 JOR16RTION EQUIPEMENT P( $ 459.89 c� g,�s/5�11 SUB-TOTRL TRH 6% TRH 1.5% UNDER $2,588.68 TOTRL PROJECT PRICE 1 " SPRINKLER METER V PLUMBER FEE ESTIMATE TOTHL PROJECT PRICE 15601 CANTRELL R®. * LfTTLE ROCK, Aft. 72223 W (501) 868-9464 L PRICE 13,316.25 1,268.80 2,959.00 1,845.90 8,548.86 1,845.99 1,155.90 2,145.98 1,327.59 348.08 52.58 5,923.58 1,458.09 1,826.69 162.68 972.88 468.88 188.88 24.08 12.90 1,388.98 7,169.60 458.89 51.423.35 3,985.48 37.518 54,541t.25 of HRL CONTRRCTOA 11 546546.25 -woad VZ9-d ZOO/ZOO d 019-1 wdI00 Soot-a-wr Estimate Clinton Ray P.O. Box 753 Benton, AR 72018 Name / Address Scott Davis P.O. Box 30187 Little Rock, AR 72260 Phone # 501-315-3738 Fax # 501-778-3224 E-mail bentonfence[a7sbeglobal,net Date Estimate # 12/30/2005 131 P.O. No. Description Qty Rate Total Installation of 6' Privacy Fence 400 4.95 1,990.00 Thank you for requesting a quotation from us. We thank Total $1,980.00 you for any business, and look forward to serving you. Signature APPROVAL SIGNATURE DATE All quotes must be signed and in our office before job will be accepted, and materials ordered. NOTICE: Benton Fence Co. will not be responsible for damage to any underground utilities. All underground utilities will be marked prior to any work. Fence line will need to be clear of obstruction for the use of equipment. Any changes in contract after work has begun will result in extra charges. Difference in actual job footage from estimated footage will affect price at estimat ob is accepted complete, all money will K&upon receipt of invoice unless otherwise star -4nt confirmed by Benton Fence Company. *�C)q W.0 peiul'�s Uftnclecaiping 8e Irr1gat1c>n JANUARY 4, 2006 RE: SCOTT DAVIS — BIG BOYS TOYS STORAGE I, Paul Williams, will do landscaping on this property for $5300. This price includes materials and labor. Their will be a six month warranty on all plants and trees. This is the remainder of the landscaping job. . If you have any questions please contact me at (501) 612-3283. Thank You for your business. Paul Williams 9 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, BIG BOY TOYS STORAGE, BBTS, LLC Little Rock (City) a INDIANA City of Little Rock ARKANSAS (State) Ten Thousand Dollars And Zero Cents Bond 6395191 as Principal, of 11409 West Baseline (Street and Number) andthe AMERICAN STATES INSURANCE COMPANY corporation, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars ($ 10,000 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 4th day of January , 2006 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit to do business as Landscaping Bond by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: ® Until January 4 2007 , or until the date of expiration of any Continuation Certificate executed OR by the Surety ❑ Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. BIG BOY TOYS STORA , LLC By r Principal AMERICAN STATES INSURANCE COMPANY By k&Z*� Mike Peters President, Surety cs......n —A H.e comae.... inns ——icfororl tr-d—riec of Safonn r.nrnnralinn WEB PDF ® F D NUMBER 95191 E24-0115 NCY NUMBER SURETY ONLINETM BOND TRANSACTION RECEIPT PREPARER NAME PHONE NUMBER JAMES GREENE & ASSOCIATES INC 1(501) 834-4001 ADDRESS CITY STATE ZiPCODE 275 W KIEHL AVE SHERWOOD, AR 72120-2815 CANT NAME HONE NUMBER BIG BOY TOYS STORAGE, BBTS, LLC 1501-455-2564 ADDRESS CITY STATE ZIP CODE 11409 West Baseline Little Rock, AR 72209 'ANT BILLING ADDRESS NAME PHONE NUMBER BIG BOY TOYS STORAGE, BBTS, LLC 1501-416-7969 ADDRESS pry STATE ZIP CODE PO Box 30187 Little Rock, AR 72209 BOND DESCRIPTION OF BOND BOND TYPE CLASS CODE Landscaping Bond Contractors License Bonds 906 BOND AMOUNT EFFECTIVE DATE EXPIRATION DATE TERM $10,000 [January 4, 2006 January 4, 2007 N/A OBLIGEE NAME City of Little Rock ADDRESS CITY STATE ZIP CODE 500 W. Markahn Little Rock, AR 72201 BONDING COMPANY BONDING COMPANY NAME AMERICAN STATES INSURANCE COMPANY DOCUMENTS BOND SIGNED BY BOND DOCUMENTS COMPLETED BY CREATION DATE President signature graphic Stacey Kemp 1 1/4/2006 PAYMENT INFORMATION TOTAL TERM PREMIUM TAXES AND FEES $ 100.00 $ 0.00 TOTAL AMOUNT DUE PAYMENT METHOD $ 100.00 Direct Bill * A bill will be mailed to the applicant's billing address. The total amount due must be paid by the due date to avoid cancellation. If the bond is cancelled, you must apply for a new bond. Safeco Surety Online P.O. Box 1636, Indianapolis, IN, 46206-1636 (888) 844-2663 Fax: (317) 262-6831 Email: bonds@safeco.com S-6079/AS 08/01 Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation, Surety Online is a trademark of Safeco Insurance Company of America, Estimate Phone # 501-315-3738 Name / Address Scott Davis P.O. Box 30187 Little Rock, AR 72260 Clinton Ray Fax # P.O. Box 753 E-mail Benton, AR 72018 501-778-3224 bentonfence@sbcglobal.net Date Estimate # 12/30/2005 131 P.O. No. Description Qty Rate Total Installation of 6 Privacy Fence 400 4.95 1,980.00 Thank you for requesting a quotation from us. We thank you for any business, and look forward to serving you. APPROVAL SIGNATURE DATE All quotes must be signed and in our office before job will be accepted, and materials ordered. FTotal $1,980.00 Signature NOTICE: Benton Fence Co. will not be responsible for damage to any underground utilities. All underground utilities will be marked prior to any work. Fence line will need to be clear of obstruction for the use of equipment. Any changes in contract after work has begun will result in extra charges. Difference in actual job footage from estimated footage will affect price at estimated per foot price. If job is accepted and complete, all money will be due upon receipt of invoice unless otherwise stated and confirmed by Benton Fence Company. peul'$ I�a►rid��a►pin� � Irrigetiori JANUARY 4, 2006 RE: SCOTT DAVIS — BIG BOYS TOYS STORAGE I, Paul Williams, will do landscaping on this property for $5300. This price includes materials and labor. Their will be a six month warranty on all plants and trees. This is the remainder of the landscaping job. . If you have any questions please contact me at (501) 612-3283. Thank You for your business. Paul Williams LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, BIG BOY TOYS STORAGE, BBTS, LLC Little Rock ARKANSAS (City) (State) a INDIANA City of Little Rock Ten Thousand Dollars And Zero Cents Bond 6395191 as Principal, of 11409 West Baseline (Street and Number) and the AMERICAN STATES INSURANCE COMPANY corporation, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars ($ 10,000 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 4th day of January 2006 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit to do business as Landscaping Bond by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: ® Until January 4 OR by the Surety ❑ Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. BIG B:�7z LLC By Principal 2007 , or until the date of expiration of any Continuation Certificate executed P!D0AMERICANSTATES INSURANCE COMPANY �ByA6r;— *-LO1 President, Sure�N01A1�` Mike Peters h' S-12351DA 3101 Safeco@ and the Safeco logo are registered traaemarKs or oaTeco w[pumuuu. WEB PDF BOND NUMBER i` me 6395191 I..:: AGENCY NUMBER TM 24-0115 SURETY ONLINE BOND TRANSACTION RECEIPT PREPARER NAME PHONENUMBER JAMES GREENE & ASSOCIATES INC 1(501) 834-4001 ADDRESS CITY STAT F ZIP CODE 275 W KIEHL AVE SHERWOOD, AR 72120-2815 CANT NAME PHONE NUMBER BIG BOY TOYS STORAGE, BBTS, LLC 1501-455-2564 ADDRESS CITY STATE ZIP CODE 11409 West Baseline Little Rock, AR 72209 'ANT BILLING ADDRESS NAME I PHIMNUMESFR BIG BOY TOYS STORAGE, BBTS, LLC 501-416-7969 ADDRESS CITY STATE ZIP CODE PO Box 30187 Little Rock, AR 72209 BOND DESCRIPTION OF BOND BOND TYPE CLASS CODE Landscaping Bond Contractors License Bonds 906 BOND AMOUNT EFFECTIVE DATE EXPIRATION DATE TERM $10,000 January 4, 2006 January 4, 2007 N/A OBLIGEE NAME City of Little Rock ADDRESS CITY STATE ZIP CODE 500 W. Markahn Little Rock, AR 72201 BONDING COMPANY BONDI NG COMPANY NAME AMERICAN STATES INSURANCE COMPANY DOCUMENTS BOND SIGNED BY BOND DOCUMENTS COMPLETED BY CREATION DATE President signature graphic Stacey Kemp 1 1/4/2006 PAYMENT INFORMATION TOTAL TERM PREMIUM TAXES AND FEES $ 100.00 $ 0.00 TOTAL AMOUNT DUE PAYMENT METHOD $ 100.00 Direct Bill * A bill will be mailed to the applicant's billing address. The total amount due must be paid by the due date to avoid cancellation. If the bond is cancelled, you must apply for a new bond. Safeco Surety Online P.O. Box 1636, Indianapolis, IN, 46206-1636 (888) 844-2663 Fax: (317) 262-6831 Email: bonds@safeco.com S-6079/AS 08/01 Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation. Surety Online is a trademark of Safeco Insurance Company of America. JAN-5-2006 15:39 FROM:JAMESON ARCHITECTS 5016665177 TO:3716863 P.1 322y Kzvzhau+ b\\A ARCHITECTS P.A. 300 PULASKI STREET LITTLE ROCK, ARKANSAS 72201 501.666.6600 FAX 666.5177 Email: japa-h®swbell.net January 5, 2006 Fax Memorandum To: Christy Marvel, Fax #371-6863 From: Tommy Jameson, AIA Copy: Cliff Johnston - Nabholz Construction, Fax #217-5711 Re: Substantiation of Masonry Bond Amount Phase IIA Rehabilitation of McAuley Center Gymnasium Mount St. Mary Academy 3224 Kavanaugh Blvd. Little Rock, Arkansas No. pgs: 3 including this page Christy: Per our phone conversation this afternoon, attached please find a current pay request (certified for payment just yesterday) for the above referenced project. As you will note, the circled line item represents the masonry portion of the project wherein you will find an amount of $11,031.90 in the "balance to finish" column. Regarding the issue of 'landscaping," there is no formal landscaping (in terms of plant materials) in the project scope. The project is substantially an interior renovation. The only site work involved a set of steps and concrete walk from a new accessible ramp. There was no work in the public right of way, no curb cuts, sidewalks, etc. 1 hope you find this memo and attachments helpful. Please call if you have any questions or need any additional information. Cordially, JAMESON Architects P.A. Tommy tJa::sJo, AI COMPLETION BOND BOND NO 104653297 KNOW ALL MEN BY THESE PRESENT: That, Nabholz Construction Corporation as Principal and Travelers Casualty & Sumty Company of America as Surety are held and firmly bound unto the CITY OF LITTLE ROCK, ARKANSAS as obligee, in the amount of Eleven Thousand and 00/100 ------ - ----- ($11,000.00 )for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Now, therefore, the condition of this obligation is such that if the principal, will within one year complete the - Precast Work as per city ordinance. These improvements to be made at Mount Saint Mary's Academy - McAuley Center then such obligation shall be null and void, otherwise, it shall remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee named herein or the heirs, executors, administrators, or successors of obligee. Liability under this bond shall terminate as of the 15th day of February 2006 As to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. Signed and sealed this 5th day of January 2006 Nabholz Construction Corporation Principal i Travelers Casualty & Surety Company of America Surety Sherry L Burgener Attorney- i n-fact COMPLETION BOND BOND NO 104653298 KNOW ALL MEN BY THESE PRESENT: That, Nabholz Construction Corporation as Principal and Travelers Casualty & Surety Company of America as Surety are held and firmly bound unto the CITY OF LITTLE ROCK, ARKANSAS as obligee, in the amount of Ten Thousand and 00/100 --_ ---- ($10,000.00 ) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Now, therefore, the condition of this obligation is such that if the principal, will within one year complete the Landscaping as per city ordinance. These improvements to be made at Mount Saint Mary's Academy - McAuley Center then such obligation shall be null and void, otherwise, it shall remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee named herein or the heirs, executors, administrators, or successors of obligee. Liability under this bond shall terminate as of the 1 st day of May 2006 As to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. Signed and sealed this 5th day of January 2006 Nabholz Construction Corporation Principal Travelers Casualty & Surety Company of America Surety Sherry L Burgener Attorney- i n-fact o Trustmark. wNational Bank IS 01 %UMI Trustmark National Bank International Operations 248 East Capitol Street Jackson, Mississippi 39201 Telephone: 601/208-5889 Fax: 601/208-2387 Telex: 3737177 (Graphnet) Answerback: FNBNTJKMS Irrevocable Standb . Letter of Credit No. 06-048-SP Issue Date: Expiry Date: April 5, 2006 July 5, 2006 Beneficiary: Applicant: City of Little Rock, Arkansas James P. Carney and 723 West Markham George R. Walker, III Little Rock, Arkansas 72201 7570 Old Canton Road, Suite 100 Attention: Dana Carney Madison, Mississippi 39110 Amount: USD290,000.00 (Two Hundred Ninety Thousand and No/100 U.S. Dollars) Place of Expiry: At the counters of Trustmark National Bank, 248 East Capitol Street, Jackson, Mississippi 39201, USA. Gentlemen: We hereby issue our Irrevocable Standby Letter of Credit No. 06-048-SP in your favor which is available by your DRAFTS AT SIGHT drawn on Trustmark National Bank, Jackson, Mississippi, USA, bearing the clause "Drawn under Trustmark National Bank, Jackson, Mississippi, Letter of Credit No. 06-048-SP" and accompanied by the following documents: • A statement purportedly signed by an authorized official of the City of Little Rock, Arkansas certifying that James P. Carney, and George R. Walker, III have failed under their agreement with the City of Little Rock, Arkansas to complete the project known as The Reserve at Chenal Valley Apartments, located in Little Rock, Arkansas. • The original of this Letter of Credit. #7070 5/01 Trustmark. National Bank Page 2 of 2 L/C No. 06-048-SP 04/05/2006 We hereby engage with drawers and/or bona fide holders that drafts drawn under and in compliance with the terms of this credit will be duly honored on presentation and delivery of documents. Except as otherwise expressly stated herein, this credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision), International Chamber of Commerce Publication No. 500. Yours very truly, Trustmark National Bank Jackson, Mississippi, USA By:,�- Sharon R. Crider Assistant Vice President #7070 5/01 GENERAL CONTRACTORS CONSTRUCTION MANAGERS 501-374-8677 / FAX 501-375-7649 April 6, 2006 Christy Marvel City of Little Rock RE: COMPLETION BOND - LANDSCAPING PARKWAY PLACE BAPTIST CHURCH, LITTLE ROCK, AR Dear Christy: Enclosed is the original andC(1) copy of Comp and covering uncompleted landscaping workrkway Place Baptist Church�in Little Rock, Arkansas. A copy of a letter frg amount to be completed is also enclosed. Please advise if additional information is needed. Sincerely, BALDWIN & SHELL CONSTRUCTION CO. Barbara J. Sykes, CDT Expediter P.O. Box 1750 523 Ringo Little Rock, AR 72203 `�"""° Little Rock, AR 72201 COMPLETION BOND BOND NO 104691309 KNOW ALL MEN BY THESE PRESENT: That, Baldwin & Shell Construction Company as Principal and Travelers Casualty & Surety Co of America as Surety are held and firmly bound unto the City of Little Rock, Arkansas, 723 W. Markham, Little Rock, AR 72201 as obligee, in the amount of Twenty Eight Thousand and No/100------------------------------------------------ ($ 28,000.00---------------- for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Now, therefore, the condition of this obligation is such that if the principal, will within one year complete the Landsc22ing as per city ordinance. These improvements to be made at Parkway Place Baptist Church, 300 Parkway Place Dr., Little Rock, AR then such obligation shall be null and void, otherwise, it shall remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee named herein or the heirs, executors, administrators, or successors of obligee. Liability under this bond shall terminate as of the 5th day of April 2007 As to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. Signed and sealed this 5th day of April � 2006 Baldwin & Shell Construction Company Principal Travelers Casualty & Surety Co of America COMPLETION BOND BOND NO 104691309 KNOW ALL MEN BY THESE PRESENT: That, Baldwin & Shell Construction Company as Principal and Travelers Casualty & Surety Co of America as Surety are held and firmly bound unto the City of Little Rock, Arkansas, 723 W. Markham, Little Rock, AR 72201 as obligee, in the amount of Twenty Eight Thousand and No/ 100------------------------------------------------ ( 28,000.00---------------- } for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Now, therefore, the condition of this obligation is such that if the principal, will within one year complete the Landscaping as per city ordinance. These improvements to be made at Parkway Place Baptist Church, 300 Parkway Place Dr., Little Rock, AR then such obligation shall be null and void, otherwise, it shall remain in full force and effect. No right of action shall accrue on this bond to or for the use of any person or corporation other than the obligee named herein or the heirs, executors, administrators, or successors of obligee. Liability under this bond shall terminate as of the 5th day of April 2007 As to any acts subsequent thereto, unless said bond is continued in force from year to year by the issuance of a continuation certificate signed by the Surety. Signed and sealed this 5th day of April r 2006 Baldwin & Shell Construction Company Principal Travelers Casualty & Surety Co of America TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Steven C. Russell, Marylea I. Gazette, David F. Feild, Karen J. Payne, C. Dwayne Shelton, Sherry L. Burgener, Jack Ramer, Robert C. Watkins, of Little Rock, Arkansas, their true and lawful Attomey(s)-in- Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: 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. VOTED: 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. VOTED: 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 Secretary 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. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: 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 upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05) Unlimited Apr 04 06 04:18p 501-847-0470 p.1 LITTLE ROCK LANDSCAPE, INC. Lawn SprinklerS Systems Residential & Cnmmerciel 9126 Hwy. 5 North Alexander, Arkansas 72002 501-847-4820 * (fax) 501-847-0470 I itil eroc4c la ndsca ❑e@ rnessa deti me. corm Contractors License Number: 0025080405 TAX ID #: 71-0499365 DATE: APRIL 4, 2006 TO: MR. BOBBY GOSSER, JR. BALWIN & SHELL FAX: 501-375-7649 RE: PARKWAY PLACE BAPTIST PROJECT #2058 SCOPE: There is remaining approximately $28,000 of landscape and irrigation to achieve 100% competition. Total 04/04/2006 TUE 16:24 [TX/RX NO 66071 � a000 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.2061538 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Al J. Mueller Construction Co. 3920 Pettis (64503) PO Box 8066 St. Joseph, MO 64508 OWNER (Name and Address): City of Little Rock, Arkansas City Hall, 500 W. Markham Little Rock, AR 72201 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 1200 Arlington Heights Road, Suite 400 Itasca, IL 60143 CONSTRUCTION CONTRACT -- --- -- Date: April 25, 2006 Amount: ($ 26,305.00 ) Twenty Six Thousand Three Hundred Five Dollars and 00 i100 Description (Name and 1-6cation): Landscaping for new facility for Ring Container T dhnologies BOND Date (Not earlier than Construction Contract Date): April 25, 2006 Amount: ($26,305.00 ) Twenty Six Thousand Three Hundred Five Dollars and 00/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Al J. Mueller Co truction Co. Signature: - Name and ; itie: �.�,� r ��=cam. 0 Ale ph �r (Any additional signatures appear on page 3) North American Specialty Insur rice Company Signature: -Iz -- Name and Title: Linda L. Nutt Attorney -in -Fact Surety Phone No. 630-227-4700 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Thomas McGee, L.C. other party): PO Box 419013 Kansas City, MO 64141-6013 816-842-4800 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED, • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen clays after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. if the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shalt not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surely under 'Paragraph 4; and 6.3 Liquidated damages, or if no liquidated darnages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which thework or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working orwithin two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA -:9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w., WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING - MARCH 19a7 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contractor to perform and complete oi� comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title. Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA J THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: J. Douglas Joyce, Lawrence S. Kaminsky, Michael T. Kelly, Eugene A. Klein, Barbara A. Miller, Thomas M. English, Thomas P. Latz, Linda L. Mutt, Michael L. Swift, Eric Van Buskirk, and Brenda L. Linze, jointly or severally, Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act_ and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �,syssssa,rrrrrN - dr11Uu111117Rrr.�s,`,<1t�iftfty�'�?. V ��tiGNLlrrr��,y�y Q .:..P b4. li By �SEAL. = Steven P. Anderson, President & ChirJ Ecetutive Qrrrar or Washington International Insurance Company & §ram CO$ EAR�71: i. 1973 M, n Vice President of North American Specialty Insurance Company ARIZONA faa o H lbr y �E� r4arrr�*�utv.v�. ry�rr4141 I i 1114 ii 11yy�V\, By David M. Layman, Vice Pruident ofwAihingtno Interna3ional Insurance Company & Vice Presidenl of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of March 2006 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 2nd day of March , 20 06 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" SUSAN AN$tl- Halary FWIG. Staieof s1�6s Susan Ansel, Notary Public Icy Gommlasion Expires 70M I, James A. Carpenter the duly elected Assistant Secretary or North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 25 day of April 20 06. / r+ James A. Carpenler, Vice Presidenl & Assistant Secretary or Washington international Insurance Company & North American Specialty Insurance Company THE AMERICAN INSTITUTE OF ARCHITECTS Bond No.2061538 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Al J. Mueller Construction Co. 3920 Pettis (64503) PO Box 8066 St. Joseph, MO 64508 OWNER (Name and Address): City of Little Rock, Arkansas City Hall, 500 W. Markham Little Rock, AR 72201 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 1200 Arlington Heights Road, Suite 400 Itasca, IL 60143 CONSTRUCTION CONTRACT Date: April 25, 2006 Amount: ($ 26,305.00 ) Twenty Six Thousand Three Hundred Five Dollars and 00/100 Description (Name and Location): Landscaping for new facility for Ring Container Technologies BOND Date (Not earlier than Construction Contract Date): April 25, 2006 Amount: ($26,305.00 ) Twenty Six Thousand Three Hundred Five Dollars and 00/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Al J. Mueller Construction Co. North American S eciafty Insurance Company Signature:` Signature: — Narne and Title: 4��Ltu, fp, 0 G io ni e pl► £ C- Name and Title: Linda L. Nutt L-7 k rc y (} Attorney -in -Fact (Any additional signatures appear on page 3) Surety Phone No. 630-227-4700 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Thomas McGee, L.C. other party): PO Box 419013 Kansas City, MO 64141-6013 816-842-4800 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 8 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation udder this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default-, and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with -performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 1f the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surely perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4-4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1. 4.2, or 4.3 above. then the responsibilities of the Surety to the Owner shall not be greater fhan those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner underthe Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated darnages are specified in the Construction Contract, actual dam- ages caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in►vhich thework or part of the work i5 located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 19&4 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w., WASHINGTON. D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract, 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title. Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED, • AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: J. Douglas Joyce, Lawrence S. Kaminsky, Michael T. Kelly, Eugene A. Klein, Barbara A. Miller, Thomas M. English, Thomas P. Latz, Linda L. Nutt, Michael L. Swift, Eric Van Buskirk, and Brenda L. Linze, jointly or severally, Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 s of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." n H,Af+ `��.`�h��,t��lT'r++rir "'4�1toRA�.i'"•. SEAL t n c Steven P. Anderson, Presidenl & Chlef Exeeudw officer of Wuhingtap International Insurance Company & ig �p�pr�I,�� ' toys i,7� 1973 �: r] ^ Vice President of North American Specialty Insurance Company L C 4•-per �r•,3r. ARItGItA r•,a_� tr�r ryiiJrJnnui411�� By -�—� *,r.,,,.•. David M. Layman, Vice Presidenl of Washington Inkmoional Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington Intemational Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of March 2006 North American'Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 2nd day of March , 20 06 , before me, a Notary Public personally appeared _ Steven P. Anderson , President and CEO of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. . =L-k-Lc 'LNtSvids Susan Ansel, Notary Public PLY 7JPvZ% I, James A. Ca t ter , the duly elected. Assistant ecretary of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 25 day of April 20 06. James A. Carpenter, Vice President & Assistant Secretary of Washinglon International Insurance Company & North American Specialty Insurance Company THE AMERI CAN INSTITUTE OF ARCHITECTS Bond No.2061538 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Al J. Mueller Construction Co. 3920 Pettis (64503) PO Box 8066 St. Joseph, MO 64508 OWNER (Name and Address): City of Little Rock, Arkansas City Hall, 500 W. Markham Little Rock, AR 72201 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 1200 Arlington Heights Road, Suite 400 Itasca, IL 60143 CONSTRUCTION CONTRACT Date: April 25, 2006 Amount: ($ 26,305.00 ) Twenty Six Thousand Three Hundred Five Dollars and 00/100 Description (Name and Location): Landscaping for new facility for Ring Container Technologies BOND Date (Not earlier than Construction Contract Date): April 25, 2006 Amount: ($ 26,305.00 ) Twenty Six Thousand Three Hundred Five Dollars and 00/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Al J. Mueller Construction -Co. y� � Signature: Name and Title: C 1Ct'c-vP (Any additional signatures appear on page 3) SURETY Company: (Corporate Seal) North American 5p+,ec+�+i��surpnce Company Signature: Name and Title: Linda L. Nutt Attorney -in -Fact Surety Phone No. 630-227-4700 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Thomas McGee, L.C. other party): PO Box 419013 Kansas City, MO 64141-6013 816-842-4800 AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING • MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be de- clared earlier than twenty days after the Contractor and the Surety have received notice as provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex- cess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is deter- mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. 5 if the Surety does not proceed as provided in Paragraph 4with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the 0%vner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for: 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual dam- ages caused by decaved performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, includ- ing changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which thework or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working orwithin two years after the Surety refuses or fails to perform its obligations under this Bond, whichever oc- curs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail- AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 19&4 ED. - AIA t THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006 A312-1984 2 THIRD PRINTING • MARCH 1987 able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Con - MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. - 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA S THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING • MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: J. Douglas Joyce, Lawrence S. Kaminsky, Michael T. Kelly, Eugene A. Klein, Barbara A. Miller, Thomas M. English. Thomas P. Latz, Linda L. Nutt, Michael L. Swift, Eric Van Buskirk, and Brenda L. Linze, jointly or severally, Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attomey and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ntu+rest yy r �,��yunurNiry +' ��lsbtA� At � sc _= By _ _' CORPORATE Icz— r SEAL : CS ti Steven P. Andtrsu n, Prnideal & ChFcf Eurutive t}fl4rer or WFshintson Inlernasivnal tnsuraoec Company & x a 5 L n - sail =,7�, -873r. n Vice President of North American Specialty Insurance Company ys 6 ARItGi1A ta Y lr�fhI��N111I100%16 By David M. Layman, Vice Prnident of WaWngtun International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 2nd day of March 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 2nd day of March 20 66, before me, a Notary Public personally appeared Steven P. Anderson President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "gr=SEAV SNotsly Susan Ansel, Notary Public fly Gorn I, James A. CarRenter ,the duly elected Assistant ecrcl of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 25 day of April 20 06 James A. Carpenter, Vice President & Assistant Secretary of Washington Intemational Insurance Company & North American Specialty Insurance Company _!=o'07M JAMES H. GENERAL ONTRACTORS August 13, 2007 P.O. Box 22297 • Little Rock, AR 72221 • (501) 224-1058 10411 West Markham Suite 300 • Little Rock, AR 72205 • FAX (501) 224-9783 City of Little Rock — Department of Planning & Development 723 West Markham St Little Rock, AR 72201-1334 Dear Mr. Dana Carney, e are cu ently finishing canstructi n on the Metropolitan Bank at 2800 avanaugh Blvd. is bank has been complted with tion of placing the as we and trees. We are currently g on Central Ar ansas ater to set the new meter for the irrigation system which in turn will allow is to lay the sod and plant the trees. With this in mind, we want to put up a bond for the remaining landscape work- in an effort to obtain a temporary Certificate of Occupancy which will allow the bank to move in furniture and begin their set-up. We have enclosed a bond to cover the remaining $9,660 worth of landscaping to be done. It is our understanding that this will allow us to receive the Temporary CO until the landscaping can be completed later this week. Thank you for your time and consideration. Sincerely, 4Y 4__� Grant Taylor James H. Cone, Inc. Celebrating over 50 years of Quality Construction