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HomeMy WebLinkAboutFishers Island Sidewalks RECEIVED C* Zzz JUN 2 4 2021 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone: 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Betty Neville From: Missy Mirabelli Date: June 23, 2021 Subject: Agreement w/Mattern Construction- Fishers Island Sidewalks Please be advised that enclosed herein is an original fully executed contract agreement for your records. If you have any questions, please do not hesitate to call. /mm • l i RECEIVED JUN 2 4 2021 CONTRACT:4GRT+�ENTENT Southold Town Clerk t MIS AGREEMENT made this i 0 day of ,�urt Z, Two Thousand and Wen 01'4-Pig} by and between the Town of Southold,party of the first part (hereinafter called the Owner), and A-Ae-r- as ,bcoc-k(,A l rn C_ , party of the second part(hereinafter called-Contractor). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work associated with the Fishers Island Sidewalk improvements. AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and asset forth in the Contractor's Bid dated -tt a d .and in strict :and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Performance Bond, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents'. SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents,the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise,present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in fall force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall,without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid 1' f f �icrG Nundre� G� ro-Nl S} I Ro 5en f' �r Nc� e� and ett Dollars Written in Words UL $ ."�f 7 0 0 Written in Figures TOWN OF SOUTHOLD CONTRACTOR Gl�a(L� MA 1're tL^1 BY�rrc�a By. Scott A.Russell,Supervisor TITLE Pftt iL f BY Town Attorney (CORPORATE SEAL) A-2 ACKNOW1,EDGMENT STATE OF NEW YORK,COUNTY OF ss.: On theyday of -June- in the year 2021 before me,the undersigned, personally appeared, Cac aw6rn ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s) acted,executed the instrument. N YYIPUBLIC STATE OF NEW YORK,COUNTY OF .511 -'kik )ss.: On the hGH day of �ll t in the year 2021 before me,the undersigned, personally appeared,�6 0 (1 -ZUQe U ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose names) is (axe)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/Iter/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s) acted,executed the instrument. NOT RY PUBLIC LAUREN M. STANDISH Notary Public-State of New York No.01 ST6164008 A-3 Qualified in Suffolk County Commission Expires April 9, 2023 ACC> " CERTIFICATE OF LIABILITY INSURANCE [__DATE(MM/DD/YYYY) `� 05/19/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME' Sheri King, CIC Byrnes Agency, Inc. - Norwich PHONE FAX 6 Consumers AvenueINC. NC No Ext: (860) 886-5498 A1C No:(860) 859-5075 E-MAIL Norwich CT 06360-7521 ADDRESS: sking@byrnesagency.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Cincinnati Insurance Company 10677 INSURED (860) 822-8457 INSURERB:Hiscox Insurance Company 10200 Mattern Construction, Inc. INSURER C: 26 Bushnell Hollow Rd INSURERD: Baltic CT 06330-1363 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:cert ID 23407 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEOCCUR Y Y EPP 0600477 01/01/2021 01/01/2022 PREMISES Ea occurrence $AM-AGE TO RENTED 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY jE O LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ OMBINED AUTOMOBILE LIABILITY CSINGLE LIMIT 1,000,000 $ Ea accident A X ANY AUTO Y Y EPP 0600477 01/01/202101/01/2022 80DILYINJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR Y Y EPP 0600477 01/01/2021 01/01/2022 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ $ A WORKERS EMPLOYCOMPENSATION ILIT YIN Y EWC 0600482 01/01/2021 01/01/2022 X STATUTE ERH AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED2I Y1 N/A (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,descnbe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater EPP0600477 01/01/2021 01/01/2022 Leased/Rented $ 25,000 B Professional Liability ANE4690282.21 01/06/2021 01/06/2022 Contractors $ 1,000,000 Pollution DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached d more space is required) Re: Fishers Island Sidewalk Replacement. Town of Southold are included as additional insureds on a primary and non-contributory basis pursuant to the attached endorsements GA233/GA472/AA288. Waivers of subrogation apply in favor of the additional insureds pursuant to the attached endorsements GA233/GA472/AA288/WC000313. 30 day notice of cancellation applies, 10 days for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Southold ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Main Road AUTHORIZED REPRESENTATIVE Southold NY 11971 J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 POWER OF ATTORNEY Great 1&dwest Insurance Company KNOW ALL MEN BY THESE PRESENTS,that GREAT MIDWEST INSURANCE COMPANY,a Texas Corporation,with its principal office in Houston,TX,does hereby constitute and appoint: MICHAEL F.METAYER, LISA KURTZ,ANNE SHATTUCK its true and lawful Attomey(s)-In-Fact to make, execute, seal and deliver for,and on its behalf as surety,any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY,on the 1 n day of October,2018 as follows: Resolved,that the President,or any officer,be and hereby is,authorized to appoint and empower any representative of the Company or other person or persons as Attomey--in-Fact to execute on behalf of the Company any bonds,undertakings,policies,contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars($10,000,000.00),which the Company might execute through its duly elected officers, and affix the seal of the Company thereto.Any said execution of such documents by an Attomey-In-Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.Any Attorney-In-Fact so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney. Resolved,that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, and the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certificate so executed and sealed shall,with respect to any bond of undertaking to which it is attached,continue to be valid and binding on the Company. IN WITNESS THEREOF,GREAT MIDWEST INSURANCE COMPANY,has caused this instrument to be signed by its President,and its Corporate Seal to be affixed this 11th day of February,2021. GREAT MIDWEST INSURANCE COMPANY 00 n t�RPOMnasM BY Mark W.Haushill President s�bRPACKNOWLEDGEMENT On this 11th day of February, 2021, before me, personally came Mark W.Haushill to me known,who being duly sworn, did depose and say that he is the President of GREAT MIDWEST INSURANCE COMPANY,the corporation described in and which executed the above instrument, that he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. CHRISTINA BISHOP � µ Notary Public,State of Texas BY =Comm.Expires 04-14-2026 Christina Bishop nn�`` Notary ID 13109o4a8 Notary Public CERTIFICATE I,the undersigned,Secretary of GREAT MIDWEST INSURANCE COMPANY,A Texas Insurance Company,DO HEREBY CERTIFY that the original Power of Attorney of which the foregoing is a true and correct copy,is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Sealed at Houston,TX this. Day of 20 ')A OUNsuggi, G` Y `o v coRPOWESEAL ' BY Leslie K Shaun Secretary 44S coRPo��� 'WARNING:Any person who knowingly and with intent to defraud any insurance company or other person,fifes and application for insurance of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act,which is a crime and subjects such person to criminal and civil penalties. Great Midwest Insurance Company Statutory Balance Sheet as of December 31,2019 (in thousands) Assets Liabiities,Capital and Surplus Cash and Invested Assets: Liabilities: Cash and Short-term Investments S 48,772 Loss and Loss Expense Reserves S 64.093 Bonds 75.068 Unearned Premium 8,959 Common Stocks 26.524 Cedcd Reinsurance Premium 1,549 Mortgage Loans 8.181 Other Liabilities 4,584 Other Invested Assets 10.672 Total Cash and Invested Assets 169.217 Total Liabilities 79,185 Other Assets: Capital and Surplus: Premium Receivables 61068 Common Stool: 4.550 Reinsurance Recoverable 9,154 Gross Paid In&Contributed Capital I23,893 Tax Assets 6,005 Unassigned Funds(Surplus) 934 Other Assets 18.118 Total Other Assets 39,345 Total Capital and Surplus 129.377 Total Assets S 208,562 Total Liabilities,Capital and Surplus S 208.562 CERTIFICATION 1.Peter B.Smith,President of Great Midwest Insurance pany,hereby certify that the foregoing is a full,true and correct copy of the Balance Sheet of said mpany,as of De mber 31,2019. Signature-6 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company in Houston,Texas this A—day of A 1.2020. STATE OF TEXAS COUNTY OF HARRIS On this I� day of MAK'h 2020,before me, l �I a Notary Public,personally appeared,Peter B.Smith,who provided to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that hc/she/thcy executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument and the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY orPERJURY under the laws of the State of Texas that the foregoing paragraph is we and Witness my hand}and ofrC.ciall seal. A Signature �/4,tx."' A• Signature of Notary Public AMELIA R NORMAN Ml y Notary ID#123989584 Expires September 19,2021 State of Connecticut ) ss: County of Hartford ) On ufv— W I anal , before me,a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Michael F. Metayer known to me to be Attorney-in-f=act of Great Midwest Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires 10/31/23 Notary Public Lisa M. Kurtz Bond No. GM 208978 �= TIS ADocument A312 — 2010 Payment Bond CONTRACTOR: SURETY: A Texas Corporation (Name legal status and address) (Name,legal status and principal place Mattern Construction, Inc. ofbusfness) 26M Bushnell Hollow Rd Great Midwest Insurance Company Baltic, CT 06330 800 Gessner Rd, Ste 600 This document has fmportantlegal Houston, TX 77024 consequences.Consultagonwith Oyy�: an attorney is encouraged with (Name legal status and address) respell to Its completion or ' Town of Southold modification. 53095 Main Road Any singular reference to Southold, NY 11.971 contractor.Surely,Owner or other party shall be considered CONSTRUCTION CONTRACT plural where applicable., Date: AIA DocumentA312-201 0 combines two separate bonds,a Amount $546,475.00 Performance Bond and a Payment Bond,into one form. Description: Fisher's Island Sidewalk Replacement Th!sisrot asinglecombined (Name and location) Southold, NY Performance and Payment Bond. BOND �.to1 of ear ser LqL Construction Contract Date) Amount $546,475.00 Modifications to this Bond: W None ❑See Section I8 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Co orale ai Mattern Con'stru tion, Inc. Great Midwest Insurance o p a n y Signat=. Si rte• Name Name Mich el . yer and Title: 6 eo'4 6 /1111 f�1V and Title: Attorney-in-fact (Any a*WOnal signatures appear on the last page ofthis Payment Bond) (FOR WORW770N ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATNE: Metayer Bonding Associates (ArchftegFalgineerorodwrparry.) 200 Fisher Drive Avon, CT 06001 lnit ArADocumontA912T■-2010.-MoAmaci=nlnMULftorAcbte# §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of claims,demands,Bens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials'or equipment furnished for use in the performance of the Construction Contract-and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit §5 The Surety's obligations to a Claimant under this Bond shall arise after the following-. §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or perforated,within ninety(90)days after having last performed labor or fast furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(atthe address described in Section 18� §52 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §6 If a notice o£non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a writha notice of non-payment under Section S.I.I. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that arc disputed;and §7.2 Pay or arrange for payment of any undisputed amountr. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 72 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 72,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant §8 The Surety's total obligation shall not exceed the amount of this Bond,phis the amount of reasonable attorney's fees provided under Section 73,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds forthe completion of the work. I ill A!A Doc=ent A312*"-2010.The Amen=InsGtft of Arfteds. 6 §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall Have under this Bond no obligation to make payments to,or give notice on behalf of�Claimants or otherwise have any obliaaations to Claimants under this Bond. §11 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. §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the CIaimant sent a Claim to the Surety pursuant to Section 5.1.2 or 52,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.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. §13 Notice and Claims to the Surety,the Owner orthe Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be' sufficient compliance as of the date received. §14 When this Bond has been famished 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 thatthis Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16.Defin'rfions §16.1 Claim.A written statement by the Claimant including at a uniaimum .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract A a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for Labor,materials or equipment furnished as of the date of the Claim; .7 the total amount ofprevious payments received by the Claimant;and .8 the total amount due and unpaid to the Claiinant for-labor,materials or equipment fianished as ofthe date of tate Claim. §16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimaat,also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to inchuk without limitation in the terms"labor,materials or equipment"that part of water,gas,power,light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectuni and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. unit. AIA noeuMentA312111-2010.The AmedcanlnsMuledArchke*- 7 1 §16.4 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 ofthe Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §17 Ifft 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 tette Owner shall be deemed to be Contractor. §48 Modifications to this bond are as follows: (space is provided below for ad:Uional signatures ofadded parties,other than those appe&mg on the coverpoge.) CONTMCTORAS PRINCIPAL SUR�1l Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Tide: Name and Title.- Address itle:Address Address CAU IOM You should sign an original AIA Contract Document,on wlticb this text appears in RED.An original assures that changes will not he obscured lnit. AIA Doeament A372^' 2010.The Americas 1r-10i to of Arehhe&- 8 t Bond No. GM 208978 D Thi �.. ocument iA312 — 2010 Performance Bond CONTRACTOR: SURETY: A Texas Corporation (Name,legal status and address) (Name,legal status and principal place Mattern Construction, Inc. Ofburiness) 26M Bushnell Hollow Rd Great Midwest Insurance Company This document has important legal Baltic, CT 06330 800 Gessner Rd, Ste 600 Houston, TX 77024 corssequences.Consultation with ER: OWN _ an attorney is encouraged with (NamA legal status and address) respect to its completion or modification. Town of Southold Any singular reference to 53095 Main Road - Contractor.surety,Owner or Southold, NY 11971 other party shalt be considered CONSTRUCTION CONTRACT plural where appricable. Date: ALA Document A312--2010 combines two separate bonds,a Amount+ X546,475.00 Performance Bond and a Payment Bond,into one fonn. Des tion: This is not a single combined Fisher's Island Sidewalk Replacement Performance and Payment Bond. (Name and location) Southold, NY BOND DaftRVof Lit4�an"C'onsvuctz� on Contract Date) Amount:$546,475.00 Modifications to this Bond: ®None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal} Mattern Const cti nj Great Midwest Insurance Company Signatum: Signature: NameOn Namc Mic Ae -a aer and Title: �'itl��/� � and Title: Attomey-in-fact (flny addWonal signatures appear on the last page ofthis Performance Bond) (FOR EVFOR M7702V ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE Metayer Bonding Associates (Architec4 Fmgineer or other party:) 200 Fisher Drive Avon, CT 06001 Intt, AtA DoaurnentA912'm—2010.The A=d=n InsgaIIc cf Architect. canto t - §I 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 Codtractor 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 to pay the Balance of the Contract Price in accordance with the teras of the Construction Contract to the Surety or to a contractor selected to perform the Construction Comma §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; §52 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 surely 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. tntL M Doeumont A392l"—2090.nm Am d=n tnstitato of Architects. 2 §7 If the Surety elects to act under Section 5.1,5.2 or 53,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.Surciy elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §91he 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 f&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. §13 When this Bond has been famished 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 tam of the Construction Contact §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 Contactor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. IniL AIA Dccnment=Zt —2010.The American hu tato of Architects 3 1 §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) company. (Corporate seal) Signature: Signature: Name and Title: "Namc and Title: Address Address CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. Init. AIA Doc=cnt A31 2*"—2010.Tho Amadcan IMMLAD of ArchhOCIS. 4 CERTIFICATE OF LIABILITY INSURANCE DATE( Y 05/119/29/202211 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sheri Ring, CIC Byrnes Agency, Inc. - Norwich PHONE FAX 6 Consumers Avenue AIc No Ext: (860) 886-5498 (AIC, AIC No:(860) 859-5075 E-MAIL Norwich CT 06360-7521 ADDRESS: sking@byrnesagency.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Cincinnati Insurance Company 10677 INSURED (860) 822-8457 INSURER B:Hiscox Insurance Company 10200 Mattern Construction, Inc. INSURER C: 26 Bushnell Hollow Rd INSURERD: Baltic CT 06330-1363 INSURERS. INSURER F: COVERAGES CERTIFICATE NUMBER:Cert ID 23407 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR POLICYNUMBER MM/DD/YYYY MMIDD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEOCCUR Y Y EPP 0600477 01/01/2021 01/01/2022 PREMSES Ea occurrence $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $ 2,000,000 POLICY� PRO ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 PRO- F1 OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident 1,000,000 A X ANY AUTO Y Y EPP 0600477 01/01/2021 01/01/2022 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ A X UMBRELLALIAB X OCCUR Y Y EPP 0600477 01/01/2021 01/01/2022 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ $ A WORKERS EMPLOYCOMPENSATION EMPLOYERS' YIN Y EWC 0600482 01/01/2021 01/01/2022 X STATUTE ER AND EMPLOYERS'LIABILITY OFFICER/M MORIPARLUDEDCUTIVE F N/A EL EACH ACCIDENT $ 1,000,000 BER(Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 3_000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ A Equipment Floater EPP0600477 01/01/2021 01/01/2022 Leased/Rented $ 25,000 B Professional Liability ANE4690282.21 01/06/2021 01/06/2022 Contractors $ 1,000,000 Pollution DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached H more space is required) Re: Fishers Island Sidewalk Replacement. Town of Southold are included as additional insureds on a primary and non-contributory basis pursuant to the attached endorsements GA233/GA472/AA288. Waivers of subrogation apply in favor of the additional insureds pursuant to the attached endorsements GA233/GA472/AA288/WC000313. 30 day notice of cancellation applies, 10 days for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Southold ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Main Road AUTHORIZED REPRESENTATIVE Southold NY 11971 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1