HomeMy WebLinkAboutVineyard View Southold Town Board - Letter Board Meeting of February 26, 2019
RESOLUTION 2019-195 Item # 5.23
(`�Rk)" ADOPTED DOC ID: 14979
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-195 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 26,2019:
RESOLVED that the Town Board of the Town of Southold hereby accepts the Residential Site
Plan Performance Bond issued by Liberty Mutual Insurance Company in the amount of
$223,185.30 for the proposed Residential Site Plan for"Vineyard View", SCTM#1000-40-3-1,
located at 62600 CR 48, Greenport, as recommended by the Southold Town Planning Board,
subject to the approval of the Town Attorney
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Dinizio Jr,Ruland, Doherty, Ghosio, Evans, Russell
Generated March 4, 2019 Page 37
�a Document A312 TM — 2010
Conforms with The American Institute of Architects AIA Document 312
Performance Bond Bond Number: 837073945
L-
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status•and principal place of business)
Conifer-LeChase Construction,LLC
Liberty Mutual Insurance Company -
205 Indigo Creek Drive
Rochester,NY 14626 175 Berkeley Street
Boston,MA 02116
State of Inc: Massachusetts /
This document has important legal
consequences.Consultation
OWNER'
(Name,legal status and address) with
re attorney is encouraged
The Town of Southold RECEIVED with respect to its completion or
modification.
53095 State Route 25
Southold,NY 11971 Any singular reference to
LIAR - A 2019 Contractor,Surety,Owner or
CONSTRUCTION CONTRACT other party shall be considered
Date:February 1,2019 plural where applicable. ,
. Southold Town Clerk
Amount:$ 223,185.30
Description: (Name and location) Site work for Vineyard View Apartment Complex
t
BOND
Date:February 13,2019
(Not earlier than Construction Contract Date)
Amount:$223,185.30
Modifications to this Bond: F7x None F--j See Section 16
CONTRACTOR S PRI C A SURETY
Company- ( orp a al) Company: (Corporate Seal)
Comfer-LeChase s ruc n L Liberty Mutual In
surance Company
Signature:, Signature:
Name (,J 1( I.,t1q-,J% Name Nancy Mancuso, tt mey-in-Fact
And Title:W4r SdU4 And Title:
(Any additional signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Marsh USA Inc. - (Architect,Engineer or other party:)
70 Linden Oaks
Rochester,NY 14625
J
t
§ 1 The Contractor and 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 when applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the
Owner, Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a
conference,the Surety may,within five(5)business days after receipt of the Owner's notice,request such a
conference.If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees
otherwise, any conference requested under this Section 3.1 shall be held within ten(10)business days of
the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the
Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement
shall not waive the Owner's right,if any, subsequently to declare a Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety,
and
.3 the Owner has agreed ib'pay the Balaiic of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the,notice requirement in Section 3.1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the
extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent
contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the
Owner and a 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 Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a
result of the Contractor Default;or
§5.4 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 determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be
in default on this Bond seven 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 Section 5.4,and the Owner refuses the payment 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.
§ 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,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.Subject to the commitment by the Owner
to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated
obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,
executors,administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to
related subcontracts,purchase orders and other obligations.
§ 11 Any proceeding,legal or'equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration of
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are
void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
§ 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
j
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not
as a common law bond.
§ 14 Definitions
§ 14.1 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 Contractor of any
amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which
the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the
Construction Contract.
§ 14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover
page,including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or
otherwise to comply with a material term of the Construction Contract.
§ 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor
as required under the Construction Contract or to perform and complete or comply with the other material terms
of the Construction Contract.
§ 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and
Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this
Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address Address
SURETY ACKNOWLEDGMENT
STATE OF NEW YORK
COUNTY OF MONROE
On this 13th, day of FEBRUARY in year 2019 Before me personally come(s)
NANCY MANCUSO to me known,who,being by me duly sworn,deposes and says that same
resides in ROCHESTER.NY that same is the ATTORNEY-IN-FACT of the LIBERTY MUTUAL
INSURANCE COMPANY the corporation described in and which executed the foregoing instrument;that
same knows the seal of the said corporation;that the seal affixed to the said instrument is such corporate
seal;that it was so affixed by the order of the Board of Directors of said
the name thereto by like order. Joan McElligott
Notary Public, State of.New York
Cts.. V4 t ' Registration 001 MC5035767
ualified In Monroe Countw
(Signature of Notary taking acknowledgment) Commission Expires Nov.14,Zd,.,L
CORPORATE ACKNOWLEDGMENT
STATE OF
COUNTY OF
On this day of In the year before me personally come(s)
to me known,who,being by me duly sworn,
deposes and says that same resides in that same is the
of the
the corporation described in and which executed the foregoing instrument;that same knows the seal of the
said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by
the order of the Board of Directors of said corporation,and that same signed the name thereto by like order.
(Signature of Notary taking acknowledgment)
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
State of
County of iyonb4;
On this day ofR3 ,, in the year 2019 before me personally come(s)
L- to me known,who,being by me duly sworn,
deposes and says that same resides in �Rthat same is the
rzr�id.Lo L of the til'- Cdr. 11rc.--
the'Limited Liability Company described in and which executed the foregoing instrument;that same knows
the seal of the said corporation;that the seal affixed to the said instrument;and that same authorized under
the Articles of Organization and the Operating Agreement as amended and in effect this date to execute the
forgoing instrument and so bind the Limited Liability Company.
(Signature of Notarying a�ment)
ANGELA I. WIESMORE
Notary Public-State of New York
No.01W16353593
Qualified in Monroe County
My Commission Expires January 30,2021
i ms rower or Ahomey nmrcs the acts or mose narflea nerem,ana mey nave no autnonty to
bind the Company except in the manner and to the extent herein stated.
Libefty. Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company Certificate No.8200170-837004
SURETY West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that
Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company Is a corporation duly organized
under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Michael S
Apter,Annette Borodzik,Antonio V Corasaniti,Jean Hess,Nancy Mancuso,Megan J Schlueter,Annette M Smith,Joyce M Zieziula
all of the city of Rochester state of NY each individually If there be more than one named,its true and lawful attomey-in-fact to make,
execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance
of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper
persons
IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 21st day of December 2018
Liberty Mutual Insurance Company
N�\Nsti P�ZY INS& \Ns&Rq The Ohio Casualty Insurance Company
O/tarFy� y`� aPORsr��y �uP°oaPORar y� West American Insurance Company >;
J3 ocn vQ3 o m a: 3 Fora t6
Y � 1912g0 0 1919 1991
y
1
Y�J�SSACHUs�.da SO RA MaSN.aD '(S DIANP .dD By: 44 ' - C
C David M Carey,Assistant Secretary
co
.: State of PENNSYLVANIA
County of MONTGOMERY ss
� rn
o On this 21st day of December 2018 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o
oCompany,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes—F-
o > therein contained by signing on behalf of the corporations by himself as a duly authorized officer, CU d LU
�
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written a) n
v
N O yP PAS). 011)CD
M
O �4� °yW % COMMONWEALTH OF PENNSYLVANIA <
i•� =9 Notarial Seal ¢�
-p
60 OF Teresa Pastella,Notary Public
?2�- O
O•�, Upper Menon Twp,Montgomery County By:
O N t tip My Commission Expires March 28,2021 3 E
y�vsyLvt" `� Teresa Pastella,Notary Public O ra
I, Member,Pennsylvania Association of Notaries
gri
rn in t Pa O
CU (D rn o
a; This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual:5
o.6 Insurance Company,and West American Insurance Company which resolutions are now In full force and effect reading as follows- o CD
�a; ARTICLE IV-OFFICERS:Section 12 Power of Attorney 3
o m Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the to
>, President may prescribe,shall appoint such altomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o
CU C:
any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed,such °O
z instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the c"J
provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority c 0O
ARTICLE XIII-Execution of Contracts:Section 5 Surety Bonds and Undertakings. U-
Any officer of the Company authonzed for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescnbe,
shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,
bonds,recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary
Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey,Assistant Secretary to appoint such attomeys-in-
fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety
obligations
Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with
the same force and effect as though manually affixed
I,Renee C Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do
hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,Is in full force and effect and
has not been revoked
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 13th day of February 2019
P�\NS(JP�ZY INS& a\NSU/y4
J Rao 2 J aao eq P Rao y
�T�, Ci ro co Rqr� Z 4 G° RgrF. Ci
J3 ot° VQ' 3 o m Q: 3 0 �
t7
1912 0 21919 o U 1991 0
By
*usaaa yo yyaMas*oda rs� o*Nt�ada Renee Llewellyn,Assistant Secretary
LMS-12873 LMIC OCIC WAIC Multi Co 062018
Liberty LIBERTY MUTUAL INSURANCE COMPANY
. ` �1 ° FINANCIAL STATEMENT—DECEMBER 31,2017
SURETY
Assets Liabilities
Cash and Bank Deposits.. $370,003,299 Unearned Premiums $7,503,154,587
*Bonds—U S Government ........... 1,331,664,975 Reserve for Claims and Claims Expense...... . 19,658,731,454
*Other Bonds 11,127,053,004 Funds Held Under Reinsurance Treaties 224,693,828
Reserve for Dividends to Policyholders 967,520
*Stocks 16,367,850,688 Additional Statutory Reserve...... ... 52,491,027
Real Estate ........ 272,895,626 Reserve for Commissions,Taxes and
Agents'Balances or Uncollected Premiums 5,258,657,823 Other Liabilities 4,049.392.852
Accrued Interest and Rents 100,341,596 Total.................................................................$31,489,431,268
Special Surplus Funds $176,230,822
Other Admitted Assets .. .... . 11,192,287,530
Capital Stock 10,000,000
Paid in Surplus 9,484,316,385
Unassigned Surplus..... 4,860,776,066
Total Admitted Assets..................................... Surplus to Policyholders............................... 14,531,323,273
Total Liabilities and Surplus................................�4fi 020 754.541
BJPOR O-INSUR4+i
� �n * Bonds are stated at amortized or investment value,Stocks at Association Market Values
912 ° The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
3
9ssACNIH statement filed with the state of Massachusetts Department of Insurance
I,TIM MIKOLAJEWSKI,Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and
correct statement of the Assets and Liabilities of said Corporation,as of December 31,2017,to the best of my knowledge and belief.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Corporation at Seattle,Washington,this 16a'day of
March,2018
Assistant Secretary
5-1262LMIM 3/18