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Heavy Equipment Operator
®�vF�oc�-� DENIS NONCAR,R,OW �� ®��, Town Hall,53095 Main Road TOWN CLEII,K ® P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS %ts Fax(631)765-6145 MARRIAGE OFFICER �'® ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 21, 2022 Dear Sirs: Congratulations. At the regular Town Board meeting held on July19, 2022, the Town Board accepted bids for the Construction Equipment and Operator services. A certified copy of the resolution is enclosed. For your convenience a chart has been included to show all prices `received. Bold and underlined prices are the winning bid prices. Thank you for your bid. Very truly yours, I v` Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of July 19, 2022 RESOLUTION 2022-624 Item# 5.31 ADOPTED DOC ID: 18283 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-624 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 19, 2022: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County,New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: ITEM # ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE # 2 FURNISHING TOW BOAT I DAY @ ONE THOUSAND FOUR HUNDRED $2120.00 , SEVENTY FIVE DOLLARS PER DAY (8 HOURS) `P PER DAY # 4 FURNISHING TRACK LOADER WITH BUCKET-9,000 LBS. I DAY @ ONE $1,640.00 THOUSAND TWO HUNDRED NINETY DOLLARS PER DAY (8 HOURS) PER DAY # 7 FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y.CAPACITY BUCKET 1 $1,960.00 DAY @ ONE THOUSAND FIVE HUNDRED FORTY DOLLARS PER DAY (8 HOURS) PER DAY # 8 FURNISHING EXCAVATOR WITH 1-1/2 C.Y.CAPACITY BUCKET I DAY @ $1,960.00 ONE THOUSAND FIVE HUNDRED NINETY DOLLARS PER DAY (8 HOURS) PER DAY # 11 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y.CAPACITY $L880.00 BUCKET I DAY @ ONE THOUSAND FOUR HUNDRED FORTY DOLLARS PER DAY (8 HOURS) PER DAY # 15 FURNISHING OFF-ROAD ARTICULATED DUMP TRUCK - 1 DAY @ TWO $200.00 80.00 THOUSAND THREE HUNDRED NINETY DOLLARS PER DAY (8 HOURS) PER DAY Chesterfield Associates: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE # 1 FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y.CAPACITY $25815.00 DRAGLINE BUCKET OR 5/8 C.Y.CAPACITY CLAMSHELL BUCKET I DAY @ THREE THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS PER DAY (8 HOURS) PER DAY # 10 FURNISHING LONG REACH EXCAVATOR I DAY @ TWO THOUSAND NINE $2,610.00 HUNDRED FIFTY DOLLARS PER DAY (8 HOURS) Generated July 20, 2022 Page 52 Southold Town Board -Letter Board Meeting of July 19, 2022 PER DAY # 12 FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y.CAPACITY $2440.00 BUCKET 1 DAY @ TWO THOUSAND TWO HUNDRED FIFTY DOLLARS PER DAY (8 HOURS) PER DAY D.F. Stone Contracting, Ltd.: ITEM # ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE # 5 FURNISHING DOZER WITH BLADE-13,000 LBS. I DAY @ ONE THOUSAND $2000.00 FIVE HUNDRED FIFTY DOLLARS PER DAY (8 HOURS) D PER DAY # 13 FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y.CAPACITY BUCKET I It $2,400.00 DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY # 14 FURNISHING 10 WHEEL DUMP TRUCK I DAY @ ONE THOUSAND ONE $1A50.00 HUNDRED NINETY DOLLARS PER DAY (8 HOURS) (NOTE: THERE IS NO MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM) PER DAY Melrose Contracting Corp.: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE # 3 FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C.Y.CAPACITY DRAGLINE $1,949.50 BUCKET OR 5/8 C.Y.CAPACITY CLAMSHELL BUCKET 1 DAY @ ONE THOUSAND SEVEN HUNDRED FORTY DOLLARS PER DAY (8 HOURS) PER DAY # 6 FURNISHING FRONT END WHEEL LOADER WITH 2-1/2 C.Y.CAPACITY BUCKET $L812.36 1 DAY @ ONE THOUSAND THREE HUNDRED FORTY DOLLARS PER DAY (8 HOURS) PER DAY # 9 FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y.CAPACITY DRAGLINE $2,369.50 BUCKET OR 3/4 C.Y.CAPACITY CLAMSHELL BUCKET I DAY a TWO THOUSAND ONE HUNDRED FORTY DOLLARS PER DAY (8 HOURS) PER DAY Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Generated July 20, 2022 Page 53 o�osuFFoc�-�o DENIS NONCARROWo~� Gy� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER � aQ� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 `1► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2022 Bid on Heavy Equipment& Operator Bid Opening July 14, 2022 2:00 PM Four(4)bids received Chesterfield D.F. Stone Latham Sand Melrose 1 2815.00 n/a 3960.00 3560.49 2 2280.00 n/a- 2120.00 2168.96 3 2125.00 n/a 2520.00 1949.50 4 2100.00 1660.00 1640.00 1889.74 5 n/a 2000.00 n/a n/a 6 2325.00 n/a 1840.00 1812.36 7 2455.00 n/a 1960.00 n/a 8 2610.00 2000.00 1960.00 1805.74 9 2510.00 n/a 2760.00 2369.50 10 2610.00 n/a n/a 3600.00 11 2345.00 n/a 1880.00 2499.98 12 2440.00 n/a n/a n/a 13 n/a 2400.00 n/a n/a 14 1810.00 1450.00 1480.00 2398.50 15 2985.00 n/a 2880.00 3460.94 UFFOL/r DENIS NONCARROW �� �Gy� Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 COD = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICERo! �ao`` Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2022 Bid on Heavy Equipment & Operator Bid Opening July 14, 2022 2:00 PM Four (.4) bids received Chesterfield D.F. Stone Latham Sand Melrose 1 2815.00 n/a 3960.00 3560.49 2 2280.00 n/a 2120.00 2168.96 3 2125.00 n/a 2520.00 1949.50 4 2100.00 1660.00 1640.00 1889.74 5 n/a 2000.00 n/a n/a 6 2325.00 n/a 1840.00 1812.36 7 2455.00 n/a 1960.00 n/a 8 2610.00 2000.00 1960.00 1805.74 9 2510.00 n/a 2760.00 2369.50 10 2610.00 n/a n/a 3600.00 11 2345.00 n/a 1880.00 2499.98 12 2440.00 n/a n/a n/a 13 n/a 2400.00 n/a n/a 14 1810.00 1450.00 1480.00 2398.50 15 2985.00 n/a 2880.00 3460.94 h ' Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,IOTHFLOOR pomp, NEW YORK,NY 10017 STARNET INSURANCE COMPANY A Stock Company Domicile Office:Corporation Trust Center,1209 Orange Street,Wilmington,DE 19801 Main Administrative Officer 475 Steamboat Road,Greenwich,CT 06830 BY THIS POLICY OF INSURANCE Does Insure: MELROSE CONTRACTING CORP.;MELROSE MARINE SERVICE,INC. For the Account o£ THEMSELVES ' Loss,if any,payable to: INSURED OR ORDER To the Amount of: AS ATTACHED-------------__—__ Dollars Producer: ALL RISKS,LTD. 10150 YORK ROAD,5TH FLOOR HUNT VALLEY,MD 21030 On: PRIMARY MARINE PACKAGE—AS ATTACHED Subject to all of the terms,conditions and exclusions the form(s)attached hereto. LIMITS AND DEDUCTIBLES ARE INCLUSIVE OF DEFENSE COSTS INCLUDING LEGAL FEES AND EXPENSES. THIS POLICY IS MADE AND ACCEPTED SUBJECT TO the conditions which are hereby specifically referred to and made part of this Policy,together with such other provisions,agreements or conditions as may be endorsed hereon or added hereto;and no officer,agent or other representative of this Company shall have power to waive or be deemed to have waived any provision or condition of this Policy unless such waiver,if any,shall be written upon or attached hereto,nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the Insured unless so written or attached. IN WITNESS WHEREOF,the Company designated above has caused this policy to be signed by its President and Secretary. Senior Vice President,General Counsel and Secretary President Q rNe ey0lfshaas M ag�- Countersigned May 5,2022 By:.......................................................................................... Authorized Representative JBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS If Offshore 757 THIRD AVENUE, 10TH FLOOR a.sh omNEW YORK,NY 10017 POLICY DECLARATIONS POLICY NO.: BOUM-P-22-0382 INSURED: Melrose Contracting Corp.;Melrose Marine Service,Inc. INSURED ADDRESS: 500 Robinson Rd Greenport,NY 11944 COVERAGE(S): Section I: Hull&Machinery Section 11: Primary Protection&Indemnity Section III: Marine General Liability Section IV: Contractors Equipment EFFECTIVE: From: May 5,2022 To: May 5,2023 (Both dates at 12:01 A.M.Standard Time at the mailing address of the Assured) (Both LIMIT(S): Section I: $ 226,000 As Per Schedule Below Section II: $2,000,000 Combined Single Limit,Each Occurrence Section III: $2,000,000 General Aggregate Limit(Other Than Products—Completed Operations) $2,000,000 Each Occurrence Limit(including Supplementary Payments) $2,000,000 Personal and Advertising Injury(Aggregate Limit) $2,000,000 Products—Completed Operations(Aggregate Limit) $ 100,000 S&A Pollution(Each Occurrence) $ 50,000 Fire Damage Limit(Any One Fire) $ 5,000 Medical Expense Limit(Any One Person) Section IV: $ 10,000 Miscellaneous Tools—no one item to exceed$2,500 and $ 161,000 As Per Schedule Below—for items exceeding$2,500 DEDUCTIBLE(S): Section I and II:See Schedule Below Section III: $2,500 Section IV: $1,000 Miscellaneous Tools and as per schedule below PREMIUM: Section I: $ 4,528 Section II: $ 9,576 Section III: $ 7,150 Section IV: $ 3,604 Total: $24,858 SCHEDULE OF INSURED LOCATIONS: 1. 305 Albertson Lane,Southold,NY 11971 2. 500 Robinson Road,Greenport,NY 11944 POLICY NO.: BOUM-P-22-0382 PAGE 2 OF 47 bl Be�rkley BERKLEY OFFSHORE UNDERWRITING MANAGERS O I{I Shore 757 THIRD AVENUE,I OTH FLOOR NEW YORK,NY 10017 SCHEDULE OF INSURED VESSELS: TAN TH HULL HULL VESSFLP&I NO. VESSEL wn YEAR BUILT VALUE HULL RATE PREMIUM DFDUCI'Bi1.E PREMIUM P&iDIDUCTIBLE 1 DRAGON-steeltug 42' 1973 $65,000 2.31000% $1,502 $2,500 $1,150 $2,500 BI/$2,500 PD 2 BILLY WHITE-steel push boat 24' 1981 $35,000 2.3100% $809 $1,000 $545 $2,500 BI/$2,500 PD 3 CHARLIE JACKSON-stcclbarge 50' 1975 $60,000 1.4438% $866 $2,500 $545 $2;500 BI/$2,500 PD 4 UNNAMED-steel barge 50' 1998 $10,000 1.4438% $144 $1,000 $545 $2,500B1/$2,500PD 5 UNNAMED-steel barge 40' 2014 $10,000 1.4438% $144 $1,000 $545 $2,500 BI/$2,500 PD 6 UNNAMED-fiberglassworkboat 22' 1981 $20,000 2.3100% $462 $1,000 $1,150 $2,500 BI/$2,500 PD 7 UNNAMED-aluminum row baot 12' 1982 $6,000 2.3100°/ $139 $1,000 $545 $2,500 BI/$2,500 PD 8 UNNAMED-aluminum work boat 13' 1988 $20,000 2.3100% $462 $1,000 $545 $2,500 BI/$2,500 PD 9 Fiberglass Sailboat 28' 1995 $0 N/A N/A N/A $545 $2,500 BI/$2,500 PD Number ojCrew: 3 $ 1,155.00 $2,500 BI/$2,500 PD Crew Premium: $3,465 $226,000 $4,528 $6,111 Tata)Hull/P&I: $ 14,103 SCHEDULE OF INSURED EQUIPMENT: NO. TOOLS&EOUB'MENT YEAR BUILT VALUE RATE PREMIUM DEDUCTIBLE MISC Tools cover MISC $10,000 1.155011. $116 $1,000 0.0000°/ 1 KOMATSUPC50 2010 $42,000 2.3100% $970 $1,000 2 SKIDSTER SK 1020 2004 $34,000 2.3100°/ 5785 $1,000 RENTED/LEASED EQUIPMENT (Ma?ca urm limit any one item) $75,000 2.3100% $1,733 $2,500 $161,000 $3,488 Total CE CONDITIONS: General Conditions Blanket Additional Assured/Loss Payee/Waiver of Subrogation Clauses Primary/Non-Contributory(when required by contract) Notice of Cancellation(30 Days/10 Days for Non-Payment) Automatic Acquisition Clause(applicable to section I and II) Punitive Damages Exclusion Oil Pollution Act Disclaimer Endorsement. Nuclear Exclusion Clause. AIMU Extended Radioactive Contamination Exclusion Clause. AIMU Chemical,Biological,Bio-Chemical,&Electromagnetic Exclusion Clause. AIMU U.S.Economic and Trade Sanctions Clause. AIMU Cyber Exclusion Clause. Terrorism Exclusion and Marine Buyback Endorsement. TRIA Exclusion Endorsement. AIMU Communicable Disease Exclusion. LIMITS AND DEDUCTIBLE ARE INCLUSIVE OF DEFENSE COSTS INCLUDING LEGAL FEES AND EXPENSES. Section I-Hull&Machinery,excluding Collision Liability American Institute Hull Clauses,excluding Collision Liability SR&CC Endorsement Parts Removed Clause Deliberate Damage Including coverage for overland transits not to exceed 100 miles. Cancelling Returns Only POLICY No.: BOUM-P-22-0382 PAGE 3 of 47 Berkey BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE, IOTHFLOOR NEW YORK,NY 10017 Section II—Protection&Indemnity including Collision Liability SP-23 P&I Form Collision Liability Clause. Combined Single Limit Clause Warranted no more than 2 crew on all vessels at any one time. Pollution Exclusion Buy Back A Cancelling Returns Only. Section III— Marine General Liability Marine General Liability Coverage form Combined Single Limit Endorsement Special Conditions Endorsement Wharfingers Liability Endorsement Traveling Workman Endorsement Pollution Limitation Endorsement(72 hours/30 days) Section IV— Contractors Equipment Berkley Offshore Contractors Equipment Form WARRANTED: 1)Seaworthiness Warranty 2)Underwriters reserve the right to perform a condition&valuation survey of any vessel at underwriters' expense. 3)Crew Warranty&Compliance Clause 4)Subcontractors Certificate Warranty 5)Lift Capacity Warranty SECURITY: 100.0%-STARNET INSURANCE COMPANY NAVIGATION: Confined to Coastal and inland tributary waters between Sandy Hook,NJ and Block Island,RI not to exceed(20)miles offshore. POLICY No.: BOUM-P-22-0382 PAGE 4 of 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS I Offshore 757 THIRD AVENUE, 10TH FLOOR NEW YORK,NY 10017 GENERAL CONDITIONS-APPLICABLE TO ALL SECTIONS ADDITIONAL ASSURED/LOSS PAYEE/WAIVER OF SUBROGATION CLAUSES I) It is hereby understood and agreed that this Policy shall include as Additional Assureds or Loss Payees, any person or organization to whom the Named Assured has agreed, by written contract, to provide coverage, but only with respect to operations performed by or on behalf of the Named Assured and only with respect to occurrences subsequent to the making of such written contract. Notwithstanding the above,it is further understood and agreed that wherever Additional Assureds or Loss Payees are added to this policy it is specifically agreed: A) Such Additional Assureds or Loss Payees are included only with respect to such activities insured by this policy as would exist in the absence of the naming of Additional Assureds or Loss Payees and coverage hereunder shall in no way be considered extended by the inclusion of Additional Assureds or Loss Payees. B) The inclusion of Additional Assureds or Loss Payees in no way increase the limit of liability hereunder. C) In the event of cancellation or change in policy coverage unless specifically endorsed in writing to the contrary hereon, no obligation is imposed on this company to send notice of cancellation or change of coverage to an Additional Assured or Loss Payee and notice to the original named assured shall discharge all obligations of this company hereunder. This company shall not be required to notify Additional Assureds or Loss Payees of any cancellation received from the original assured hereon. D) The insurance afforded to Additional Assureds will not be broader than that which is required by the contract or agreement to provide for such Additional Insured. 11) It is further understood and agreed that the Underwriters waive their rights of subrogation against any person or organizations to whom the Named Assured is obligated by written contract to provide such waiver,but only to the extent of such obligation and only with respect to operations by or on behalf of the Named Assured or to the facilities of or used by Named Assured. Notwithstanding the above, such waiver of rights of subrogation by Underwriters shall not apply to contracts between the Named Assured and subcontractors or employees of the Named Assured. III) It is warranted and the assured agrees, that notice will be provided to underwriters of any naming of Additional Assureds within 10 business days of the effective date of such.agreement and may also be subject to an additional premium,if any to be agreed. BLANKET PRIMARY/NON-CONTRIBUTORY ENDORSEMENT This policy is primary and non-contributory and that no insurance held or owned by Additional Insureds hereunder shall be called upon to cover a loss under said policy up to the limits of this policy if: a) Loss under this policy arises directly from work performed by Named Insured or if others performed on behalf of the Named Insured,and; b) Only as and to the extent required by written contract between the Named Insured and Additional Insured concerned. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 5 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,10TH FLOOR la „k y�omna y NEW YORK,NY 10017 NOTICE OF CANCELLATION CLAUSE This policy may be canceled by the First Named Insured by mailing to us written notice when thereafter such cancellation shall be effective. This Policy may be canceled by us by mailing to the First Named Insured at his last known address written notice stating when,not less than thirty(30)days thereafter,such cancellation shall be effective;except in event of non-payment of premium,only ten(10)days'notice in writing to the First Named Insured is required. Such notice sent to the First Named Insured in the care of the broker or agent who negotiated this policy shall have the same effect as if sent directly to the First Named Insured. If cancellation is at the Insured's option, the Company will return a short-rate return premium; if cancellation is at the Company's option,pro rata unearned premium will be returned as soon as practicable. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AUTOMATIC ACQUISITION CLAUSE To automatically attach,on any vessels and/or units acquired by the Assured,whether through purchase,charter,lease,hired,operated, repaired or altered,placed back in service by the Assured or otherwise. It is agreed that this insurance is to follow the contracts of purchase, charter or other agreements of the Assured as respects the inclusion of other interests as an Assured or any loss payable clause.Notwithstanding the foregoing,in the event the Assured acquires a vessel,the Assured hereby agrees to declare such addition to underwriters in accordance with the reporting clause herein. Prior to declaration of agreed valuation to the Company,the agreed value under this clause shall be as follows: A. With respect to chartered,leased,hired,or operated vessels: 1. The value agreed upon between owners and/or charterers and the Assured or 2. In the absence of an agreed value,the insured value shall be the sound insurable value at the time of attachment B. With respect to purchased vessels,the purchase price C. With respect to vessels repaired, altered, or placed back in service by the Assured, the insured value shall be the sound insurable value at the time of attachment but not to exceed Maximum Value on Schedule of Vessels per vessel as respects Hull coverage and$1,000,000 as respects Protection &Indemnity insurance subject to the policy Limit of Liability. The company reserves their right to perform condition and valuation surveys at any time. Such surveys shall be at the Company's expense. ABSOLUTE EXCLUSION—PUNITIVE AND EXEMPLARY DAMAGES In no case shall this policy insure,indemnify,and/or cover fines,penalties,punitive or exemplary damages,nor shall this policy insure,indemnify or cover treble damages or any other damages resulting from the multiplication of compensatory damages. OIL POLLUTION ACT DISCLAIMER Notwithstanding any other provision of this policy or of any underlying insurance,this policy of insurance is not evidence of financial responsibility under the Oil Pollution Act of 1990 or any similar Federal or State Laws. Any showing or offering of this policy by the Assured as evidence of insurance shall not be taken as any indication that the Underwriters consent to act as guarantor or to be sued directly in any jurisdiction whatsoever. The Underwriters DO NOT CONSENT TO BE GUARANTORS OR SUED DIRECTLY. POLICY No.: BOUM-P-22-0382 PAGE 6 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 NUCLEAR EXCLUSION CLAUSE Notwithstanding anything to the contrary herein.It is hereby understood and agreed that this Policy shall not apply to any loss, damage or expense due to arising out of,directly or indirectly,nuclear reaction,radiation or radioactive contamination,regardless of how it is caused.However,subject to all provisions of this Policy,if this Policy insures against fire,then direct physical damage to the property insured located within the United States,or any territory of the United States or Puerto Rico by fire directly caused by the above excluded perils,is insured,provided that the nuclear reaction,radiation,or radioactive contamination was not caused, whether directly or indirectly,by any of the perils excluded by the F.C.&S.Warranty of this Policy. Nothing in this endorsement shall be construed to cover any loss,damage,liability or expense caused by nuclear reaction,radiation or radioactive contamination arising directly or indirectly from the fire mentioned above. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. The following clauses shall be paramount and shall override anything contained in this insurance inconsistent therewith. AIMU EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE 1. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 1.1 ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel 1.2 the radioactive,toxic,explosive or other hazardous or contaminating properties of any nuclear installation,reactor or other nuclear assembly or nuclear component thereof 1.3 any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 1.4 the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes,other than nuclear fuel,when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE(U.S.A.ENDORSEMENT) This insurance is subject to the Extended Radioactive Contamination Exclusion Clause(March 1,2003)provided that if fire is an insured peril and where the subject matter insured or,in the case of a reinsurance,the subject matter insured by the original insurance,is within the U.S.A.,its islands,onshore territories or possessions and a fire arises directly or indirectly from one or more of the causes detailed in Sub-Clauses 1.1, 1.2,and 1.4 of the Extended Radioactive Contamination Exclusion Clause March 1,2003 any loss or damage arising directly from that fire shall,subject to the provisions of this insurance,be covered,EXCLUDING however any loss damage liability or expense caused by nuclear reaction, nuclear radiation,or radioactive contamination arising directly or indirectly from that fire. AIMU CHEMICAL,BIOLOGICAL,BIO-CHEMICAL,AND ELECTROMAGNETIC EXCLUSION CLAUSE In no case shall this insurance cover loss,damage,liability or expense directly or indirectly caused by or contributed to or arising from an actual or threatened act involving a chemical,biological,bio-chemical or electromagnetic weapon,device,agent or material when used in an intentionally hostile manner. POLICY NO.: BOUM-P-22-0382 PAGE 7 OF 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS � Offshore 757 THIRD AVENUE,1 OTH FLOOR NEW YORK,NY 10017 AIMU U.S.ECONOMIC AND TRADE SANCTIONS CLAUSE Whenever coverage provided by this policy would be in violation of any U.S.economic or trade sanctions such as,but not limited to,those sanctions administered and enforced by the U.S.Treasury Department's Office of Foreign Assets Control("OFAC"),such coverage shall be null and void. Similarly,any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S.economic or trade sanctions as described above shall also be null and void. AMERICAN INSTITUTE CYBER EXCLUSION CLAUSE(11/06/2015) This clause shall be paramount and shall override anything contained in this insurance(including any endorsement(s))inconsistent therewith. In no case shall this insurance cover loss,damage,liability,or expense directly or indirectly caused by or contributed to or arising from 1. any"malicious act"involving the use of any"computer system","electronic data communications system","computer virus",or process or any other electronic system;and/or 2. any access to or disclosure of any"personally identifiable information"or any person's or organization's confidential information,including,but not limited to,patents,trade secrets,processing methods,customer lists,financial information, credit card information,or any other type of nonpublic information;and/or 3. any action or omission that violates or is alleged to violate any federal,state or local statute that addresses,prohibits,or limits the printing,dissemination,disposal,collecting,recording,sending,transmitting,communicating,or distribution of any written or electronic material or information. Where this policy provides coverage for War Risks,section 1 above shall not operate to exclude losses which would otherwise be covered by such War Risks coverage. ' Definitions "Computer system"means computer hardware of any kind;"electronic computer program";"electronic data processing media"; operating system;media microchip;microprocessor(computer chip); integrated circuit or similar device;computer network and networking equipment;firmware;server;website;extranet;and all input,output,processing,storage,and off-line media libraries. "Computer virus"means any corrupting,harmful or otherwise unauthorized instructions or code including,but not limited to,any maliciously introduced unauthorized instructions or code,programmatic or otherwise,that propagate themselves through a "computer system"or network of whatsoever nature. "Electronic computer program"means computer software,application software,and other recorded instructions for the processing, sequencing,collecting,transmitting,recording,retrieval,or storage of"electronic data". "Electronic data"means information or knowledge recorded or transmitted in a form usable in a"computer system",microchip, integrated circuit or similar device in non-computer equipment,and which can be stored on"electronic data processing media"for use by an"electronic computer program". "Electronic data communications system"means any communication system,including a"computer system"and the intemet,which provides the Assured with access to another"computer system",microchip,integrated circuit or similar device in non-computer POLICY No.: BOUM-P-22-0382 PAGE 9 OF 47 blBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshora 757 THIRD AVENUE, 10TH FLOOR NEw YORK,NY 10017 equipment,or which provides any party access to the Assured's"computer system",microchips,integrated circuits or similar devices in non-computer equipment. "Electronic data processing media"means punch cards,paper tapes,floppy disks,CD-ROM,hard drives,magnetic tapes,magnetic discs or any other tangible personal property on which"Electronic data"or"electronic computer programs"are recorded or transmitted, but not the"electronic data"or"electronic computer programs"themselves.Money or securities are not"electronic data processing media". "Malicious act"shall mean the intentional and wrongful action or actions of one or more persons,whether or not agents of a sovereign power. "Personally identifiable information"shall mean information,whether printed or digital,encrypted or unencrypted,in the care custody or control of any Assured which alone or in conjunction with other information can be used to uniquely identify an individual.However,"personally identifiable information"does not include information which is lawfully available to the general public. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. TERRORISM.EXCLUSION AND MARINE BUYBACK ENDORSEMENT This policy excludes any loss,damage,liability or expense arising from: a) terrorism;and or b) steps taken to prevent,suppress,control or reduce the consequences of any actual,attempted,anticipated,threatened,suspected or perceived terrorism. For the purpose of this clause,"terrorism"means any act(s)of any person(s) or organization(s) Involving. (i) the causing,occasioning or threatening of harm of whatever nature and by whatever means; (ii) putting the public or any section of the public in fear, in circumstances in which it is reasonable to conclude that the purpose(s)of the person(s)or organization(s)concerned are wholly or partly of a political,religious,ideological or similar nature. Notwithstanding the foregoing,this Exclusion shall not apply to the-following: Any loss,damage,liability or expense arising from the operation,ownership,management or chartering of 1.1 Vessels,craft and units whilst afloat,under construction or repair,in dock or whilst in store ashore 1.2 Seawalls,wharves, piers,jetties,docks,berths,pontoons and associated dockside equipment all whilst within the confines of the port,terminal,shipyards,harbour or marina 1.3 Offshore fixed platforms whilst exploring,drilling or producing including all associated construction operations 1.4 Cargo in the ordinary course of transit per Joint Cargo Committee Termination of Transit Clause(Terrorism)JC2001/056. U.S.TERRORISM RISK INSURANCE ACT OF 2002 AS AMENDED(NOT PURCHASED CLAUSE) This Clause is issued in accordance with the terms and conditions of the"U.S. Terrorism Risk Insurance Act of 2002"as amended as summarized in the disclosure notice. It is hereby noted that the Underwriters have made available coverage for"insured losses"directly resulting from an"act of terrorism"as defined in the"U.S.Terrorism Risk Insurance Act of 2002",as amended(`TRIA")and the Insured has declined or not confirmed to purchase this coverage. POLICY NO.: BOUM-P-22-0382 PAGE 9 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS b Offshore 757 THrRD AVENUE,10TH FLOOR NEW YORK,NY 10017 This Insurance therefore affords no coverage for losses directly resulting from any"act of terrorism"as defined in TRIA except to the extent,if any,otherwise provided by this policy. All other terms,conditions,insured coverage and exclusions of this Insurance including applicable limits and deductibles remain unchanged and apply in full force and effect to the coverage provided by this Insurance. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. AMERICAN INSTITUTE COMMUNICABLE DISEASE EXCLUSION(JUNE 15 2020) This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. This insurance excludes coverage for: 1) any loss,injury,damage,liability,cost,or expense directly or indirectly arising from the actual,alleged,or suspected transmission or existence of a"Communicable Disease"or the substance or agent that causes the"Communicable Disease"; 2) any liability for,or loss,cost,or expense incurred to identify,detect,prevent,clean up,detoxify,remove,eliminate,neutralize, monitor,or test for a"Communicable Disease"or the substance or agent that causes the"Communicable Disease"; 3) any liability for,or loss,cost or expense arising out of,any loss of revenue,loss of hire,diminution of value;business interruption, loss of market,delay or any direct or indirect financial loss,howsoever described,as a result of,or relating to a"Communicable Disease"or the substance or agent that causes the"Communicable Disease"; 4) any fines,penalties,or punitive or compensatory damages as a result of,or relating to(1),(2),or(3)above. DEFINITION "Communicable Disease" means any disease which can be transmitted by means of any substance or agent from any organism to another organism where: a. the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not,and b. the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission,transmission from or to any surface or object,solid,liquid or gas or between organisms,and c. the disease,substance or agent can cause or threaten damage to human health or human welfare or can cause or threaten damage to,deterioration of,loss of value of,marketability of or loss of use of property insured hereunder. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY SHALL REMAIN UNCHANGED. POLICY NO.: BOUM-P-22-0382 PAGE 10 OF 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 The following warranties are incorporated into the policy: 1. SEAWORTHINESS WARRANTY: The Underwriters shall not be liable for any loss,damage or expense,arising out of the failure of the Assured to exercise due diligence to maintain the vessels in a seaworthy condition and in all respects fit, tight,and properly manned,equipped and supplied after attachment of this policy;without regard to the knowledge or privity of the Assured to the cause. 2. Underwriters reserve the right to perform a condition&valuation survey of any vessel at underwriters'expense. 3. CREW WARRANTY&COMPLIANCE: Crew insured herein must wear personal floatation devices at all times while working aboard vessels. It is warranted that the coverage hereunder,should crew coverage be applicable,is provided for not more than Per Policy Declarations aboard the vessel at any one time. It is also warranted that in the event that additional crew are to be covered hereunder,the Assured shall give prior notice to this company and pay such additional premium as is required. If the Assured shall fail to give such prior notice,and at the time of loss in respect to crew there are more crew on board this insurance shall respond only in the proportion that the stated number of crew bears to the number on board at the time of the accident. 4. SUBCONTRACTOR(S)CERTIFICATE WARRANTY: In consideration of the premium charged,it is hereby warranted and the Named Insured agrees that in the event that the Named Insured hires any subcontractor that the Named Insured will obtain a Certificate of Insurance from each sub-contractor evidencing valid and collectible Commercial General Liability Insurance in an amount of not less than$1,000,000 any one occurrence subject to aggregate limits only where customary,and that the Named Insured will be added as an Additional Insured under said insurance,as their interest may appear. 5. LIFT CAPACITY WARRANTY: It is hereby understood and agreed that the above captioned policy be warranted as follows: Rated lift capacities of all dry-docks,cranes,travel lifts,loaders,hoist and marine railways owned by or operated on behalf of the Named Insured shall not be exceeded. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 11 of 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS b !! O I{I Shore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 SECTION I-HULL AND MACHINERY 9111eClLdtl A11$tltute�Mffl a11$C$ 7 (June 2, 1977) To he attached to and form a part of Policy No Per Policy Dedarations of the S14rNet Insurance Company The terms and conditions of the following clauses are to be regarded as substituted for those of the policy form to which they are attached,the latter being hereby waived,except provisions required by law to be Inserted In the Policy.All captions are Inserted only for purposes of reference and shall not be used to Interpret the clauses to which they apply. ASSURED This Policy insures Per Polic�Dedarabomi 1 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------hereinafter referred to as the Assured. 3 If claim is made under this Policy by anyone other than the Owner of the Vessel, such person shall not be entitled to recover to a greater extent 4 than would the Owner,had claim been made by the Owner as an Assured named in this Policy. 5 Underwriters waive any right of subrogation against affiliated, subsidiary or interrelated companies of the Assured, provided that such waiver shall 6 not apply in the event of a collision between the Vessel and any vessel owned, demise chartered or otherwise controlled by any of the aforesaid com- 7 panies,or with respect to any loss,damage or expense against which such companies are insured. 8 LOSS PAYEE Loss,if any,payable to Assured 9 ----------------------------------------------- -- ------------------------------------------------- ------------------------------------------------------------------------•-------------------------------------- or order. 11 Provided, however, Underwriters shall pay claims to others as set forth in the Collision Liability clause and may make direct payment to persons 12 providing security for the release of the Vessel in Salvage cases. 13 VESSEL The Subject Matter of this insurance is the Vessel called the Per Schedule of Vessels 14 or by whatsoever name or names the said Vessel is or shall he called, which for purposes of this insurance shall consist of and be limited to her hull, 15 launches, lifeboats, rafts, furniture, bunkers, stores, supplies, tackle, fillings, equipment, apparatus, machinery, boilers, refrigerating machinery, insula- 16 lion,motor generators and other electrical machinery. t7 In the event any equipment or apparatus not owned by the Assured is installed for use on board the Vessel and the Assured has assumed respon- 18 sibility therefore,it shall also be considered part of the Subject Matter and the aggregate value thereof shall be included in the Agreed Value. 19 Nohvilhstanding the foregoing,cargo containers,barges and lighters shall not be considered a part of the Subject Matter of this insurance. 20 DURATION OF RISK From the PerPolicyLLEt araGons 21 to the Per_PohDecl cy arations 22 Should the Vessel at the expiration of this Policy be at sea, or in distress, or at a port of refuge or of call, she shall, provided previous notice be 23 given to the Underwriters,be held covered at a pro rata monthly premium to her port of destination. 24 In the event of payment by the Underwriters for Total Loss of the Vessel this Policy shall thereupon automatically terminate. 25 AGREED VALUE The Vessel,for so much as concerns the Assured, by agreement behveen the Assured and the Underwriters in this Policy, is and shall be valued at 26 -----------Per Policy_Declaretions--------------------------------------------------------------- 27 ------------------------------------------------------•---------------Dollars. AMOUNT INSURED HEREUNDER —-----------Per Policy_Declarators_____________ --------------------------------------------------- ------------------Dollars. 28 DEDUCTIBLE Notwithstanding anything in this Policy to the contrary, there shall he deducted from the aggregate of all claims (including claims under the Sue 29 and Labor clause and claims under the Collision Liability clause)arising out of each separate accident,the sum of$...Per Declarations____________________-unless the 30 accident results in a Total Loss of the Vessel in which case this clause shall not apply. A recovery from other interests; however, shall not operate to 31 exclude claims under this Policy provided the aggregate of such claims arising out of one separate accident if unreduced by such recovery exceeds that 32 sum.For the purpose of this clause each accident shall be treated separately,but it is agreed that(a)a sequence of damages arising from the same acci- 33 dent shall he treated as due to that accident and (b) all heavy weather damage, or damage caused by contact with floating ice, which occurs during a 34 single sea passage between hvo successive ports shall be treated as though due to one accident 35 PREMIUM The Underwriters to be paid in consideration of this insurance______________________Per PolicyDeclaratipns___________ 36 - ----------------- - ---------------- Dollars being at the annual rate of______Per Policy Declarations_________per cent,which premium shall be due on attachment. If the Vessel 37 is insured under this Policy for a period of less than one year at pro rata of the annual rate,full annual premium shall be considered earned and immedi- 38 ately due and payable in the event of Total Loss of the Vessel. 39 RETURNS OF PREMIUM Premium returnable as follows: 40 Pro rata daily net in the event of termination under the Change of Ownership clause; 41 Pro rata monthly net for each uncommenced month if it be mutually agreed to cancel this Policy, 42 For each period of 30 consecutive days the Vessel may be laid up in port for account of the Assured, 43 N/A-----------------cents per cent.net not under repair,or 44 1 POLICY No.: BOUM-P-22-0382 PAGE 12 OF 47 i Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS I Offshore757 THIRD AVENUE,10TH FLOOR y NEw YORK,NY 10017 ------------ULA-----------------cents per cent.net under repair, 45 provided always that: 48 (a) a Total Loss of the Vessel has not occurred during the currency of this Policy; 47 (b) in no case shall a return for lay-up be allowed when the Vessel is lying in exposed or unprotected waters or in any location not approved by 48 the Underwriters; 49 (c) in the event of any amendment of the annual rate,the above rates of return shall be adjusted accordingly; 50 (d) in no case shall a return be allowed when the Vessel is used as a storage ship or for lighting purposes. 51 If the Vessel is laid up for a period of 30 consecutive days, a part only of which attaches under this Policy, the Underwriters shall pay such pro- 52 portion of the return due in respect of a full period of 30 days as the number of days attaching hereto bears to 30. Should the lay-up period exceed 30 63 consecutive days,the Assured shall have the option to elect the period of 30 consecutive days for which a return is recoverable. 64 NON-PAYMENT OF PREMIUM In event of non-payment of premium 30 days after attachment, or of any additional premium when due, this Policy may be cancelled by the Under- 55 writers upon 10 days written or telegraphic notice sent to the Assured at his last known address or in care of the broker who negotiated this Policy. 56 Such proportion of the premium, however, as shall have been earned up to the time of cancellation shall be payable. In the event of Total Loss of the 57 Vessel occurring prior to any cancellation or termination of this Policy full annual premium shall be considered earned. 58 ADVENTURE Beginning the adventure upon the Vessel, as above,and so shall continue and endure during the period aforesaid, as employment may offer, in port or 59 at sea, in docks and graving docks, and on ways,gridirons and pontoons, at all times, in all places, and an all occasions, services and trades;with leave 60 to sail or navigate with or without pilots, to go on trial trips and to assist and tow vessels or craft in distress, but the Vessel may not be towed, except 61 as is customary or when in need of assistance, nor shall the Vessel render assistance or undertake towage or salvage services under contract previously 62 arranged by the Assured, the Owners, the Managers or the Charterers of the Vessel, nor shall the Vessel, in the course of trading operations, engage in 63 loading or discharging cargo at sea, from or into another vessel other than a barge, lighter or similar craft used principally in harbors or inland waters. 64 The phrase "engage in loading or discharging cargo at sea"shall include while approaching, leaving or alongside, or while another vessel is approaching, 65 leaving or alongside the Vessel. 66 The Vessel is held covered in case of any breach of conditions as to cargo, trade, locality, towage or salvage activities, or date of sailing, or loading 67 or discharging cargo at'sea, provided (a) notice is given to the Underwriters immediately fallowing receipt of knowledge thereof by the Assured, and (b) 68 any amended terms of cover and any additional premium required by the Underwriters are agreed to by the Assured. 69 PERILS Touching the Adventures and Perils which the Underwriters are contented to bear and take upon themselves, they are of the Seas, Men-of-War, Fire, 70 Lightning, Earthquake, Enemies, Pirates, Ravers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart, Surprisals, Takings at Sea, Arrests, Re- 71 straints and Detainments of all Kings, Princes and Peoples, of what nation, condition or quality soever, Barratry of the Master and Mariners and of all 72 other like Perils, Losses and Misfortunes that have or shall come to the Hurt, Detriment or Damage of the Vessel, or any part thereof, excepting, how- 73 ever,such of the foregoing perils as may be excluded by provisions elsewhere in the Policy or by endorsement thereon. 74 ADDITIONAL PERILS(INCHAMAREE) Subject to the conditions of this Policy,this insurance also covers loss of or damage to the Vessel directly caused by the following: 75 Accidents in loading,discharging or handling cargo,or in bunkering; 76 Accidents in going on or off,or while on drydocks,graving docks,ways,gridirons or pontoons; 77 Explosions on shipboard or elsewhere; 78 Breakdown of motor generators or other electrical machinery and electrical connections thereto, bursting of boilers, breakage of shafts, or any 79 latent defect in the machinery or hull,(excluding the cost and expense of replacing or repairing the defective part); 80 Breakdown of or accidents to nuclear installations or reactors not on board the insured Vessel; 81 Contact with aircraft,rockets or similar missiles,or with any land conveyance; 82 Negligence of Charterers and/or Repairers,provided such Charterers and/or Repairers are not an Assured hereunder; 83 Negligence of Masters,Officers,Crew or Plots; 84 provided such loss or damage has not resulted from want of due diligence by the Assured, the Owners or Managers of the Vessel, or any of them. 85 Masters,Officers,Crew or Pilots are not to be considered Owners within the meaning of this clause should they hold shares in the Vessel. 86 DELIBERATE DAMAGE(POLLUTION HAZARD) Subject to the conditions of this Policy, this insurance also covers loss of or damage to the Vessel directly caused by governmental authorities 87 acting for the public welfare to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the 88 Underwriters are liable under this Policy, provided such act of governmental authorities has not resulted from want of due diligence by the Assured, the 89 Owners,or Managers of the Vessel.or any of them to prevent or mitigate such hazard or threat. Masters, Officers, Crew or Plots are not to be considered 90 Owners within the meaning of this clause should they hold shares in the Vessel. 91 CLAIMS(GENERAL PROVISIONS) In the event of any accident or occurrence which could give rise to a claim under this Policy, prompt notice thereof shall be given to the Under- 92 writers,and: 93 (a) where practicable,the Underwriters shall be advised prior to survey,so that they may appoint their own surveyor,if they so desire; 94 (b) the Underwriters shall be entitled to decide where the Vessel shall proceed for docking and/or repair(allowance to be made to the Assured for the 95 actual additional expense of the voyage arising from compliance with the Underwriters'requirement); 96 (c) the Underwriters shall have the right of veto in connection with any repair firm proposed; 97 (d) the Underwriters may take tenders, or may require in writing that tenders be taken for the repair of the Vessel, in which event, upon acceptance 98 of a tender with the approval of the Underwriters, an allowance shall be made at the rate of 30 per cent. per annum on the amount insured, for 99 each day or pro rata for part of a day, for time lost between the issuance of invitations to tender and the acceptance of a tender, to the extent 100 that such time is lost solely as the result of tenders having been taken and provided the tender is accepted without delay after receipt of the 101 Underwriters'approval. 102 Due credit shall be given against the allowances in(b)and(d)above for any amount recovered: 103 POLICY No.: BOUM-P-22-0382 PAGE 13 of 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS � Offshore 757 THIRD AVENUE,10TH FLOOR t n onaar co.�aanv NEw YORK,NY 10017 1_ in respect of fuel,stores,and wages and maintenance of the Master.Officers or Crew allowed in General or Particular Average; 104 2. from third parties in respect of damages for detention and/or loss of profit andlor running expenses; 105 for the period covered by the allowances or any part thereof. 106 No claim shall be allowed in Particular Average for wages and maintenance of the Master, Officers or Crew, except when incurred solely for the 107 necessary removal of the Vessel from one port to another for average repairs or for trial trips to test average repairs, in which cases wages and mainte- 108 fiance will be allowed only while the Vessel is under way. This exclusion shall not apply to overtime or similar extraordinary payments to the Master, 109 Officers or Crew incurred in shifting the Vessel for tank cleaning or repairs or while specifically engaged in these activities,either in port or at sea. 110 General and Particular Average shall be payable without deduction,new for old. 111 The expense of sighting the bottom after stranding shall be paid,if reasonably incurred especially for that purpose,even if no damage be found. 112 No claim shall in any case be allowed in respect of scraping or painting the Vessel's bottom. 113 In,the event of loss or damage to equipment or apparatus not owned by the Assured but installed for use on board the Vessel and for which the 114 Assured has assumed responsibility, claim shall not exceed (1) the amount the Underwriters would pay if the Assured were owner of such equipment or 115 apparatus,or(2)the contractual responsibility assumed by the Assured to the owners or lessors thereof,whichever shall be less. 116 No claim for unrepaired damages shall be allowed, except to the extent that the aggregate damage caused by perils insured against during the period 117 of the Policy and left unrepaired at the expiration of the Policy shall be demonstrated by the Assured to have diminished the actual market value of the 118 Vessel on that date if undamaged by such perils. 119 GENERAL AVERAGE AND SALVAGE General Average and Salvage shall be payable as provided in the contract of affreightment, or failing such provision or there be no contract of 120 affreightment, payable at the Assured's election either in accordance with York-Antwerp Rules 1950 or 1974 or with the Laws and Usages of the Port of 121 New York. Provided always that when an adjustment according to the laws and usages of the port of destination is properly demanded by the owners 122 of the cargo,General Average shall be paid accordingly. 123 In the event of salvage, towage or other assistance being rendered to the Vessel by any vessel belonging in part or in whole to the same Owners or 124 Charterers, the value of such services (without regard to the common ownership or control of the vessels) shall be ascertained by arbitration in the man- 125 ner provided for under the Collision Liability clause in this Policy, and the amount so awarded so far as applicable to the interest hereby insured shall 126 constitute a charge under this Policy. 127 When the contributory value of the Vessel is greater than the Agreed Value herein, the liability of the Underwriters for General Average contribution 128 (except in respect to amounts made good to the Vessel), or Salvage, shall not exceed that proportion of the total contribution due from the Vessel which 129 the amount insured hereunder bears to the.contributory value, and if, because of damage for which the Underwriters are liable as Particular Average, the 130 value of the Vessel has been reduced for the purpose of contribution, the amount of such Particular Average damage recoverable under this Policy shall 131 first be deducted from the amount insured hereunder, and the Underwriters shall then be liable only for the proportion which such net amount bears 132 to the contributory value. 133 TOTALLOSS In ascertaining whether the Vessel is a constructive Total Loss the Agreed Value shall be taken as the repaired value and nothing in respect of the 134 damaged or break-up value of the Vessel or wreck shall be taken into account. 135 There shall be no recovery for a constructive Total Loss hereunder unless the expense of recovering and repairing the Vessel would exceed the 136 Agreed Value. In making this determination, only expenses incurred or to be incurred by reason of a single accident or a sequence of damages arising 137 from the same accident shall be taken into account, but expenses incurred prior to tender of abandonment shall not be considered if such are to be 138 claimed separately under the Sue and Labor clause. 139 In the event of Total Loss (actual or constructive), no claim to be made by the Underwriters for freight, whether notice of abandonment has been 140 given or not. 141 In no case shall the Underwriters be liable for unrepaired damage in addition to a subsequent Total Loss sustained during the period covered by this 142 Policy_ 143 SUE AND LABOR And in case of any Loss or Misfortune, it shall be lawful and necessary for the Assured, their Factors, Servants and Assigns, to sue, labor and travel 144 for, in and about the defense, safeguard and recovery of the Vessel, or any part thereof, without prejudice to this insurance, to the charges whereof 145 the Underwriters will contribute their proportion as provided below. And it is expressly declared and agreed that no acts of the Underwriters or Assured 146 in recovering,saving or preserving the Vessel shall be considered as a waiver or acceptance of abandonment. 147 In the event of expenditure under the Sue and Labor clause, the Underwriters shall pay the proportion of such expenses*that the amount insured 148 hereunder bears to the Agreed Value, or that the amount insured hereunder (less loss and/or damage payable under this Policy) bears to the actual 149 value of the salved property, whichever proportion shall be less; provided always that their liability for such expenses shall not exceed their proportionate 150 part of the Agreed Value. 151 If claim for Total Loss is admitted under this Policy and sue and labor expenses have been reasonably incurred in excess of any proceeds realized 152 or value recovered, the amount payable under this Policy will be the proportion of such excess that the amount insured hereunder (without deduction 153 for loss or damage) bears to the Agreed Value or to the sound value of the Vessel at the time of the accident, whichever value was greater; provided 154 always that Underwriters' liability for such expenses shall not exceed their proportionate part of the Agreed Value. The foregoing shall also apply to 155 expenses reasonably incurred in salving or attempting to salve the Vessel and other property to the extent that such expenses shall be regarded as having 156 been incurred in respect of the Vessel. 157 And it is further agreed that: 158 (a)if 1he Vessel shall nornA WA GGIfision with any etheF Ship OF vessel, and the Assured AF the SUFOly in GORSeqUORGO of the Vessel being at fault 159 6hall henamp liable to pay and shall pay by way of damages I . .. . OF PeFSORS any SUM GF SURIS in FOSPeGt Of SUGh 6911149n, 1he 160 I lAdARAF91 rs im."y the Amwed GF the Sumly, YA.-iGhAVAF ShRA have paid, suGh pmpwtien of SUGh GUFA OF SUMS so paid as th& F88perfive sub 161 SGliptiORS h6letg bea 9, provided always Mat theiF liability in FespLGt to any one such Gollision shall Fiet emeeed their pFopa; 162 163 (b)in Gases "ere, wA the Genseril ;A writing of a majeOly (in arAount) of Pull WndewAteFS, the liability ef the Vessel has been oentested, 9F Pre 164 Geedings have beeR taken to limit liability, the URde1W6teF6 will alsg pay a like PF9pGFGGR Of the Ge,;tq VONA the ASSIffed shall theFeby inGuf 165 OF be Gempelled to pay. 166 Whpn bAIh I . . .. I then, unless ihs liability ef the owneFs a; GhallPFelS Of AR8 OF hAth R, i m essels WGemes lifniled by law, Glaims 167 undeF the Gellisien Liability Glause shall bA 98#19d An the P416PIB of Gress ��44ha m.yripFs OF 614,F4FRm f eaph vessel had been Gempelled 166 to pay to the owneis Ar GWOR.ram 998elS SUGh GRe h84 OF 9theF PFGP9FIi8R ef the laftw's damages as FRay have been pF9perly Jawed 169 170 171 172 POLICY NO.: BOUM-P-22-0382 PAGE 14 OF 47 b (� Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS i Offshore 757 THIRD AVENUE, 10TH FLOOR NEw YORK,NY 10017 ran agpee upon a single Arbitrator, OF failing such agreement. to the deGision of AFbitFators, GRe k) be al)])Mted by the Assured and Gne t9 be appointed 173 174 and the&�.sien 9f suGh single Afb three ArbikatGFs,app 175 Psg;.rided Always ll�at this Glause -hall in nA rase extefid to any SURI WhiGh 4he ASsumd�F tha R-J, 'a to pay eF shall pay in reRes 176 queRGO Of,GF with Fe6peGt to; 177 178 179 (G)the disshaFge,spillage,GFRiNiGR OF leakage ef oil,pe!Feleum PFOGIUStS,GherAiGals OF Ot46F NbGtanGes of any kind or desGOptien , 180 (d)cargo 9F 9theF property Gn eF the engagements of the Vesse4 181 182 Pfevided fuFtheF that exGlusions �) I () 6 . 11 Rat apply te injefy le ethef vessels ef pfepeF!y iheFeen e)(eep! (a the eAeRt that stf6h OF4ffy 183 above.aFises out of any aGlian lakes to avoid, y disGharge,spillage,emission eF leakage desrAibedin(6) 184 PILOTAGE AND TOWAGE This insurance shall not be prejudiced by reason of any contract limiting in whole or in part the liability of pilots, tugs, towboats, or their owners 185 when the Assured or the agent of the Assured accepts such contract in accordance with established local practice. 186 Where in accordance with such practice,pilotage or towage services are provided under contracts requiring the Assured or the agent of the Assured: 187 (a) to assume liability for damage resulting from collision of the Vessel insured with any other ship or vessel,including the towing vessel,or 188 (b) to indemnify those providing the pilotage or towage services against loss or liability for any such damages, 189 it is agreed that amounts paid by the Assured or Surely pursuant to such assumed obligations shall be deemed payments"by way of damages to any other 190 person or persons'and to have been paid "in consequence of the Vessel being at fault'within the meaning of the Collision Liability clause in this Policy 191 to the extent that such payments would have been covered if the Vessel had been legally responsible in the absence of any agreement. Provided always 192 that in no event shall the aggregate amount of liability of the Underwriters under the Collision Liability clause, including this clause, be greater than 193 the amount of any statutory limitation of liability to which owners are entitled or would be entifled if liability under any contractual obligation referred to in 194 this clause were included among the liabilities subject to such statutory limitations. 195 CHANGE OF OWNERSHIP In the event of any change, voluntary or otherwise, in the ownership or flag of the Vessel, or it the Vessel be placed under new management, or be 196 chartered on a bareboal basis or requisitioned on that basis, or if the Classification Society of the Vessel or her class therein be changed, cancelled or 197 withdrawn, then, unless the Underwriters agree thereto in wrifing, this Policy shall automatically terminate at the time of such change of ownership, flag, 198 management,charter,requisition or classification;provided,however,that: 199 (a) if the Vessel has cargo on board and has already sailed from her loading port, or is at sea in ballast, such automatic termination shall, if 200 required,be deferred until arrival at final port of discharge if with cargo,or at port of destination if in ballast; 201 (b) in the event of an involuntary temporary transfer by requisition or otherwise, without the prior execution of a written agreement by the 202 Assured,such automatic termination shall occur fifteen days after such transfer. 203 This insurance shall not inure to the benefit of any transferee or charterer of the Vessel and, if a loss payable hereunder should occur between 204 the time of change or transfer and any deferred automatic termination, the Underwriters shall be subrogated to all of the rights of the Assured against 205 the transferee or charterer in respect of all or part of such loss as is recoverable from the transferee or charterer, and in the proportion which the 206 amount insured hereunder bears to the Agreed Value. 207 The term "new management' as used above refers only to the transfer of the management of the Vessel from one firm of corporation to another, 208 and it shall not apply to any internal changes within the offices of the Assured. 209 ADDITIONAL INSURANCES It is a condition of this Policy that no additional insurance against the risk of Total Loss of the Vessel shall be effected to operate during the cur- 210 rency of this Policy by or for account of the Assured, Owners, Managers, Operators or Mortgagees except on the interests and up to the amounts enum- 211 erated in the following Sections (a) to (g), inclusive, and no such insurance shall be subject to P.P.I., F.I.A. or other like term on any interests whatever 212 excepting those enumerated in Section (a); provided always and notwithstanding the limitation on recovery in the Assured clause'a breach of this condition 213 shall not afford the Underwriters any defense to a claim by a Mortgagee who has accepted this Policy without knowledge of such breach: 214. (a)DISBURSEMENTS, MANAGERS' COMMISSIONS, PROFITS OR EXCESS OR INCREASED VALUE OF HULL AND MACHINERY, AND/OR SIMILAR INTER- 215 ESTS HOWEVER DESCRIBED,AND FREIGHT(INCLUDING CHARTERED FREIGHT OR ANTICIPATED FREIGHT)INSURED FOR TIME.An amount not exceeding 216 in the aggregate 25%of the Agreed Value. 217 (b)FREIGHT OR HIRE, UNDER CONTRACTS FOR VOYAGE. An amount not exceeding the gross freight or hire for the current cargo passage and next 218 succeeding cargo passage (such insurance to include, if required, a preliminary and an intermediate ballast passage) plus the charges of insur- 219 ante. In the case of a voyage charter where payment is made on a time basis, the amount shall be calculated on the estimated duration of the 220 voyage, subject to the limitation of two cargo passages as laid down herein. Any amount permitted under this Section shall be reduced, as the 221 freight or hire is earned, by the gross amount so earned. Any freight or hire.to be earned under the form of Charters described in (d) below shall 222 not be permitted under this Section(b)if any part thereof is insured as permitted under said Section(d). 223 (c)ANTICIPATED FREIGHT IF THE VESSEL SAILS IN BALLAST AND NOT UNDER CHARTER. An amount not exceeding the anticipated gross freight 224 on next cargo passage, such amount to be reasonably estimated on the basis of the current rate of freight at time of insurance, plus the charges of 225 insurance.Provided,however,that no insurance shall be permitted by this Section if any insurance is effected as permitted under Section(b). 226 (d)TIME CHARTER HIRE OR CHARTER HIRE FOR SERIES OF VOYAGES. An amount not exceeding 50% of the gross hire which is to be earned under 227 the charter in a period not exceeding 18 months. Any amount permitted under this Section shall be reduced as the hire is earned under the charter 228 by 50% of the gross amount so earned but, where the charter is for a period exceeding 18 months, the amount insured need not be reduced while 229 it does not exceed 50% of the gross hire still to be earned under the charter. An insurance permitted by this Section may begin on the signing 230 of the charter. 231 (e)PREMIUMS. An amount not exceeding the actual premiums of all interest insured for a period not exceeding 12 months (excluding premiums 232 insured as permitted under the foregoing Sections but including, if required, the premium or estimated calls on any Protection and Indemnity or 233 War Risks and Strikes insurance)reducing pro rata monthly. 234 (f) RETURNS OF PREMIUM. An amount not exceeding the actual returns which are recoverable subject to "and arrival" or equivalent provision under 235 any policy of insurance. 236 (g)INSURANCE IRRESPECTIVE OF AMOUNT AGAINST; Risks excluded by War, Strikes and Related Exclusions clause; risks enumerated in the American 237 Institute War Risks and Strikes Clauses;and General Average and Salvage Disbursements. 238 POLICY NO.: BOUM-P-22-0382 PAGE 15 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,IOTHFLOOR „0e,y oma NEw YORK,NY 10017 WAR STRIKES AND RELATED EXCLUSIONS The following conditions shall be paramount and shall supersede and nullify any contrary provisions of the Policy. 239 This Policy does not cover any loss,damage or expense caused by,resulting from,or incurred as a consequence of. 240 (a) Capture,seizure,arrest,restraint or detainment,or any attempt thereat;or 241 (b) Any taking of the Vessel,by requisition or otherwise,whether in time of peace or war and whether lawful or otherwise;or 242 (c) Any mine,bomb or torpedo not carried as cargo on board the Vessel;or 243 (d) Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter;or 244 (e) Civil war,revolution,rebellion,Insurrection,or civil strife arising therefrom,or piracy;or 245 (f) Strikes,lockouts,political or labor disturbances,civil commotions,riots,martial law,military or usurped power;or 246 (g) Malicious acts or vandalism,unless committed by the Master or Mariners and not excluded elsewhere under this War Strikes and Related Exclu- 247 sions clause;or 246 (h) Hostilities or warlike operations(whether there be a declaration of war or not)but this subparagraph(h)not to exclude collision or contact with 249 aircraft,rockets or similar missiles,or with any fixed or floating object,or stranding,heavy weather,fire or explosion unless caused directly by 250 a hostile act by or against a belligerent power which act is independent of the nature of the voyage or service which the Vessel concerned or,In 251 the case of a collision,any other vessel Involved therein,is performing.As used herein,"power'Includes any authority maintaining,naval,mill- 252 tary or air forces in association with a power. 253 If war risks or other risks excluded by this clause are hereafter insured by endorsement on this Policy,such endorsement shall supersede the above 254 conditions only to the extent that the terms of such endorsement are inconsistent therewith and only while such endorsement remains in force. 255 PARTS REMOVED We agree to pay,subject to the terms and conditions of this Policy,all loss or damage to the subject matter hereby insured occurring at any time during the currency of this Insurance notwithstanding that any part(s)of the said subject matter be anywhere ashore under any circumstances,(whether on quay,in buildings,sheds,or elsewhere)and/or under repair and/or in transit(to and from the Vessel or otherwise). DELIBERATE DAMAGE This insurance also covers physical loss of or damage to the Vessel directly caused by governmental authorities acting for the public welfare to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the Vessel for which the Underwriters are liable under this Policy,provided such act of governmental authorities has not resulted from want of due diligence by the Assured,the Owners,or Managers of the Vessel or any of them to prevent or mitigate such hazard or threat.Master,Officers, Crew or Pilots are not to be considered Owners within the meaning of this clause should they hold shares in the Vessel. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 16 OF 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,I OTH FLOOR to DoM.,tomo.+r NEW YORK,NY 1001.7 American Institute 87 B-46 S.R.&C.C.Endorsement(Hulls)(Revised) September 8,1959 In consideration of premium paid,as provided below,this insurance is extended to cover additional risks,from and after PER POLICY in accordance with the following clause: "This insurance also covers damage to or destruction of the property insured directly caused by strikers, locked out workmen, or persons taking part-in labor disturbances or riots or civil commotions or caused by vandalism, sabotage;or malicious mischief,but excluding civil war,revolution,rebellion or insurrection,or civil strife arising therefrom,and warranted free from any claim for delay, detention or loss of use,and free from all loss,damage or expense caused by any weapon of war employing atomic or nuclear fission and/or fusion or other reaction or radioactive force or matter. Notwithstanding the exclusions in the F.C.&S.Clause in the within policy`vandalism,'`sabotage,'and`malicious mischief,'as used herein,shall be construed to include willful or malicious physical in-jury to or destruction of the described property caused by acts committed by an agent of any Government,party or faction engaged in war,hostilities, or other warlike operations, provided such agent is acting secretly and not in connection with any operations of military or naval armed forces in the country where the described property is situated." Until further notice the Assured shall pay,for the additional protection afforded by the above clause,an additional premium of percent.The Underwriters have the right nevertheless to change this rate at any time on 15 days written notice to the Assured;,but the Assured shall have the option to cancel this endorsement as of the time when such change of rate would take effect, provided, previous notice of such cancellation be given to the Underwriters.Thetrate may be changed as above notwithstanding strikes, labor troubles,or civil commotions,on board the vessel or elsewhere,may be threatened or actually exist either at the time when such notice is given or when it takes effect. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 17 OF 47 3� Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS I Offshore 757 THIRD AVENUE,I OTH FLOOR 8ofM1n y NEW YORK,NY 10017 SECTION 11-PROTECTION&INDEMNITY PROTECTION AND INDEMNITY SP-23(Revised 1/56) Amount Insured$Per Declarations No.P.I. Premium$Per Declarations Rate N/A Per Declarations hereinafter called the Assured. Loss,if any,payable to Assured -------------------------------------------------------------------------------------------------------------------- or ------------------------------------------------ order. In the sum ofPer Declarations ___________ ---------------------------- Dollars. at and from the_________Per Declarations day of______Per Declarations, at 12:01 Eastern Standard___time until the_________________Per Declarations________day of---------------Per Declarations at 12:01 Eastern Standard-----time against the liabilities of the Assured as hereinafter described,and subject to the terms and conditions hereinafter set forth, in respect of the vessel called the__Per Schedule of Vessels)or by whatsoever other names the said vessel is or shall be named or called. In consideration of the Stipulations Herein Named and of___________________Per Declarations_ ------------------------------- ------------------------ ------------------------------- Dollars,being Premium at the rate of--------------------N/A--------------------- The Assurer hereby undertakes to make good to the Assured or the Assured's executors,administrators and/or successors,all such loss and/or damage and/or expense as the Assured shall as owners of the vessel named herein have become liable to pay and shall pay on account of the liabilities,risks,events and/or happenings herein set forth: Loss of Life, (1) Liability for loss of life of, or personal injury to, or illness of, any person, excluding, however, unless otherwise inuand agreed by endorsement hereon, liability under any Compensation Act to any employee of the Assured, (other than Illnessrya seaman)or in case of death to his beneficiaries or others. Protection hereunder for loss of life or personal injury arising in connection with the handling of cargo of the vessel named herein shall commence-from the time of receipt by the Assured of the cargo on dock or wharf or on craft alongside the said vessel for loading thereon and shall continue until delivery thereof from dock or wharf of discharge or until discharge from the said vessel on to another vessel or craft. Hospital,medical,(2) Liability for hospital, medical, or other expenses necessarily and reasonably..incurred in respect of loss of life of, or other personal injury to, or illness of any member of the crew of the vessel named herein or any other person. Liability expenses hereunder shall also include burial expenses not exceeding Two Hundred ($200) Dollars, when necessarily and reasonably incurred by the Assured for the burial of any seaman of said vessel. Repatriation P (3) Liability for repatriation expenses of any member of the crew of the vessel named herein, necessarily and reason- expenses ably incurred, under statutory obligation, excepting such expenses as arise out of or ensue from the termination of any agreement in accordance with the terms thereof, or by mutual consent, or by sale of the said vessel, or by other act of the Assured. Wages shall be included in such expenses when payable under -statutory obligation, during unemployment due to the wreck or loss of the said vessel. Damage too) Liability for loss of, or damage to, any other vessel or craft, or to the freight thereof, or property on such other other vessel vessel or craft, caused by collision with the vessel named herein, insofar as such liability would not be covered by or property on board caused .... ------• ........ ..... . .... .full insurance under the American Institute Hull Clauses 1977 ... by collision (including the four-fourths running-down Principple of clause). ss- to prevail a Claims under this clause shall be settled on the to prevail ( ) principle of cross-liabilities to the same extent only as provided in the running-down clause above mentioned. (b) Claims under this clause shall be divided among the several classes of claims enumerated in this policy and each class shall be subject to the deduction and special conditions applicable in respect of such class. (c) Notwithstanding the foregoing, if any one or more of the various liabilities arising from such collision has been compromised, settled or adjusted without the written consent of the Assurer, the Assurer shall be relieved of liability for any and all claims under this clause. Damage to other (5) Liability for loss of or damage to any other vessel or craft, or to property on such other vessel or craft, not caused vessel or property by collision,provided such liability does not arise by reason of a contract made by the assured. on board not caused by Where there would be a valid claim hereunder but for the fact that the damaged property belongs to the Assured, the collision Assurer shall be liable as if such damaged property belonged to another,but only for the excess over any amount recoverable under any other insurance applicable on the property. Damageto (6) Liability for damage to any dock, pier, harbor, bridge, jetty, buoy, lighthouse, breakwater, structure, beacon, cable, docks,piers,etc. or to any fixed or movable object or property whatsoever, except another vessel or craft, or property on another POLICY NO.: BOUM-P-22-0382 PAGE 18 OF 47 hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V I Offshore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 vessel or craft. Where there would be a valid claim hereunder but for the fact that the damaged property belongs to the Assured, the Assurer shall be liable as if such damaged property belonged to another, but only for the excess over any amount recoverable under any other insurance applicable on the property. Removal of (7) Liability for cost or expenses of, or incidental to, the removal of the wreck of the vessel named herein when such wreck removal is compulsory by law,provided,however,that: (a) There shall be deducted from such claim for cost or expenses, the value of any salvage from or which might have been recovered from the wreck,inuring,or which might have inured,to the benefit of the Assured. (b) The Assurer shall not be liable for such costs or expenses which would be covered by full insurance under the or claims arising out of hostilities or war-like operations,whether before or after declaration of war. Cargo (8) Liability for loss of, or damage to, or in connection with cargo or other property, excluding mail and parcel post, in- cluding baggage and personal effects of passengers, to be carried, carried, or which has been carried on board the vessel named herein: Provided,however,that no liability shall exist under this provision for: Specie,bullion, (a) Loss, damage or expense arising out of or in connection with the custody, care, carriage or delivery of specie, precious stones, bullion, precious stones, precious metals, jewelry, silks, furs, bank notes, bonds or other negotiable docu- etc. ments or similar valuable property, unless specially agreed to and accepted for transportation under a form of contract approved,in writing,by the Assurer. Refrigeration (b) Loss of, or damage to, or in connection with cargo requiring refrigeration unless the space, apparatus and means used for the care, custody, and carriage thereof have been surveyed by a classification surveyor or other competent disinterested surveyor under working conditions before the commencement of each voyage and found in all respects fit, and unless accepted for transportation under a form of contract approved, in writing, by the Assurer. Passengers' (c) Loss, damage, or expense in connection with any passenger's baggage or personal effects, unless the form of effects ticket issued to the passenger shall have been approved,in writing,by the Assurer. Stowage in (d) Loss, damage, or expense arising from stowage of underdeck cargo on deck or stowage of cargo in spaces not improper places suitable for its carriage, unless the Assured shall show that every reasonable precaution has been taken by him to prevent such improper stowage. Deviation (e) Loss, damage, or expense arising 'from any deviation, or proposed deviation, not authorized by the contract of affreightment, known to the Assured in time to insure specifically the liability therefor, unless notice thereof is given to the Assurer and the Assurer agrees,in writing,that such insurance is unnecessary. Freight on cargo (f) Freight on cargo short delivered,whether or not prepaid or whether or not included in the claim and paid by the short delivered Assured. Misdescription (g) Loss, damage, or expense arising out of or as a result of the issuance of Bills of Lading which, to the knowledge of Goods of the Assured,improperly describe the goods or their containers as to condition or quantity. Failure to (h) Loss,damage,or expense arising out of delivery of cargo without surrender of Bill of Lading. surrender Bill of Lading And provided further that (aa) Liability hereunder shall in no event exceed that which would be imposed by law in the absence of contract. Protective (bb) Liability hereunder shall be limited to such as would exist if the Charter Party, Bill of Lading or Contract of clauses required Affreightment contained the following clause (in substitution for the clause commonly known as the Jason in contract of Clause): affreightment "In the event of accident; danger, damage or disaster before or after commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the shipowner is not responsible, by statute or contract or otherwise, the shippers, consignees or owners of the cargo shall contribute with the shipowner in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the cargo," When cargo is carried by the vessel named herein under a bill of lading or similar document of title subject or made subject to the Carriage of Goods by Sea Act, April 16, 1936,. liability hereunder shall be limited to such as is imposed by said Act, and if the Assured or the vessel named herein assumes any greater liability or obligation than the minimum liabilities and obligations imposed by said Act, such greater liability or obliga- tion shall not be covered hereunder. When cargo is carried by the vessel named herein under a charter party, bill of lading or contract of af- freightment not subject or made subject to the Carriage of Goods by Sea Act, April 16, 1936, liability here- under shall be limited to such as would exist if said charter party, bill of lading, or contract of affreightment contained the following clauses: a clause limiting _the Assured's liability for total loss or damage to goods Limit per shipped to Two Hundred and Fifty ($250) Dollars per package, or in case of goods not shipped in packages, package per customary freight unit, and providing for pro rata adjustment on such basis for partial loss or damage; a clause exempting the Assured and the vessel named herein from liability for losses arising from unsea- worthiness, even though existing at the beginning of the voyage, provided that due diligence shall have been exercised to make the vessel seaworthy and properly manned, equipped, and supplied; a clause providing that the carrier shall not be liable for claims in respect of cargo unless notice of claim is given within the time limited in such Bill of Lading and suit is brought thereon within the limited time prescribed therein; and such other protective clauses as are commonly in use in the particular trade; provided the incorporation of such clauses is not contrary to law. The foregoing provisions as to the contents of the Bill of Lading and the limitation of the Assurer's liability may,however,be waived or altered by the Assurers on terms agreed,in writing. POLICY No.: BOUM-P-22-0382 PAGE 19 of 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS I( Offshore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 Assured's (cc) Where cargo on board the vessel named herein is the property of the Assured,such cargo shall be deemed to be own cargo carried under a contract containing the protective clauses described in the preceding paragraph,and such cargo shall be deemed to be fully insured under the usual form of cargo policy,and in case of loss thereof or damage thereto the Assured shall be insured hereunder in respect of such loss or damage only to the extent that they would have been covered if said cargo had belonged to another,but only in the event and to the extent that the loss or damage would not be recoverable under a cargo policy as hereinbefore specified, Cotton (dd) The Assured's liability for Claims under Custody Cotton Bills of Lading issued under the conditions laid down by Bills of Lading the Liverpool Bill of Lading Conference Committee, is covered subject to previous notice of contract and payment of an extra premium of two (2) cents per ton gross register per voyage, but such additional premium shall be waived provided every bale is re-marked at port of shipment on another portion of the bale. Land trans- (ee) No liability shall exist hereunder for any loss, damage or expense in respect of cargo or other property being portation transported on land or on another vessel. not included No liability shall exist hereunder for any loss, damage or expense in respect of cargo before loading on or after discharge from the vessel named herein caused by flood, tide, windstorm, earthquake, fire, explosion, heat, cold, deterioration, collapse of wharf, leaky shed, theft or pilferage unless such loss, damage or expense is caused directly by the vessel named herein,her master,officers or crew. Customs,immi- (9) Liability for fines and penalties, including expenses necessarily and reasonably incurred in avoiding or mitigating gration or other same, for the violation of any of the laws of the United States, or of any State thereof, or of any foreign country; fines or penalties provided, however, that the Assurer shall not be liable to indemnify the Assured against any such fines or penalties resulting directly or indirectly from the failure, neglect, or default of the Assured or-his managing officers or managing agents to exercise the highest degree of diligence to prevent a violation of any such laws. Mutiny or other (10)Expenses incurred in resisting any unfounded claim by the master or crew or other persons employed on the Vessel misconduct named herein,or in prosecuting such persons in case of mutiny or other misconduct. Extraordinary (11)Liability for extraordinary expenses resulting from outbreak of plague or other contagious disease, including such expenses in expenses incurred for disinfection of the vessel named herein or persons on board, or for quarantine, but excluding case of quaran- the ordinary expenses of loading and/or discharging and the wages and provisions of crew and passengers; each line,etc, claim under this provision is subject to a deduction of Two Hundred $200 Dollars. It is p I ( ) provided further, how- ever, that if the vessel named herein be ordered to proceed to a port when it is, or should be known that calling there will subject the vessel to the extraordinary expenses above mentioned, or to quarantine or disinfection there Deviation for or elsewhere,the Assurer shall be under no obligation to indemnify the Assured for any such expenses. Fu, of (12)Net loss due to deviation incurred solely for the purpose of landing an injured or sick seaman in respect of port landing injured charges incurred,insurance,bunkers,store,and provisions consumed as a result of the deviation. Cargo's propor- (13)Liability for, or loss of, cargo's proportion of general average, including special charges, in so far as the Assured tion of general cannot recover same from any other source; subject however, to the exclusions of Section (8) and provided, that if average the Charter Party, Bill of Lading, or Contract of Affreightment does not contain the quoted clause under Sec- tion 8 (bb) the Assurer's liability hereunder shall be limited to such as would exist if such clause were contained therein. Costs and (14)Costs, charges, and expenses, reasonably incurred and paid by the Assured in defense against any liabilities insured charges against hereunder in respect of the vessel named herein, subject to the agreed deductibles applicable, and subject further to the conditions and limitations hereinafter provided. GENERAL CONDITIONS AND/OR LIMITATIONS Prompt notice Warranted that in the event of any occurrence which may result in loss,damage and/or expense for which this Assurer of claim is or may become liable,the Assured will use due diligence to give prompt notice thereof and forward to the Assurer as soon as practicable after receipt thereof, all communications, processes, pleadings and other legal papers or documents relating to such occurrences. Settlement of The Assured shall not make any admission of liability, either before or after any occurrence which may result in claims a claim for which the Assurer may be liable. The Assured shall not interfere in any negotiations of the Assurer, for settlement of any legal proceedings in respect of any occurrences for which the Assurer is liable under this policy; provided, however, that in respect of any occurrence likely to give rise to a claim under this policy, the Assured are ob- ligated to and shall take steps to protect their (and/or the Assurer's) interests as would reasonably be taken in the ab- sence of this or similar insurance. If the Assured shall fail or refuse to settle any claim as authorized by Assurer's, the liability of the Assurer to the Assured shall be limited to the amount for which settlement could have been made. Assured to Whenever required by the Assurer the Assured shall aid in securing information and evidence and in obtaining wit- assist with nesses and shall cooperate with the Assurer in the defense of any claim or suit or in the appeal from any judgment, in evidence in respect of any occurrence as hereinbefore provided. defense,etc. Law costs The Assurer shall not be liable for the cost or expense of prosecuting or defending any claim or suit unless the same shall have been incurred with the written consent of the Assurer, or the Assurer shall be satisfied that such approval could not have been obtained under the circumstances without unreasonable delay, or that such costs and charges were reasonably and properly incurred, such cost or expense being subject to the deductible. The cost and expense of prosecut- ing any claim in which the Assurer shall have an interest by subrogation or otherwise, shall be divided between the As- sured and the Assurer, proportionately to the amounts which they would be entitled to receive respectively, if the suit should be successful. The Assurer shall be liable for the excess where the amount deductible under this policy is exceeded by (A) the cost of investigating and/or successfully defending any claim or suit against the Assured based on a liability or an alleged liability of the Assured covered by this insurance, or (B) the amount paid by the Assured either under a judg- ment or an agreed settlement based on the liability covered herein including all costs, expenses of defense and taxable disbursements. Subrogation The Assurer shall be subrogated to all the rights which the Assured may have against any other person or entity in respect of any payment made under this policy, to the extent of such payment, and the Assured shall, upon the request of the Assurer,execute all documents necessary to secure to the Assurer such rights. The Assurer shall be entitled to take credit for any profit accruing to the Assured by reason of any negligence or wrongful act of the Assured's servants or agents, up to the measure of their loss, or to recover for their own account POLICY NO.: BOUM-P-22-0382 PAGE 20 OF 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRDAvENUE,IOTHFLOOR „0"ki,C,,p,,, NEW YORK,NY 10017 from third parties any damage that may be provable by reason of such negligence or wrongful act. Cover Provided that where the Assured is, irrespective of this insurance, covered or protected against any loss or claim elsewhere which would otherwise have been paid by the Assurer, under this policy, there shall be no contribution by the Assurer on the basis of double insurance or otherwise. Assignments No claim or demand against the Assurer under this policy shall be assigned or transferred, and no person, except- ing a legally appointed receiver of the property of the Assured, shall acquire any right against the Assurer by virtue of this insurance without the expressed consent of the Assurer. Actions against No action shall lie against the Assurer for the recovery of any loss sustained by the Assured unless such action is Assurers brought against the Assurer within one year after the final judgment or decree is entered in the litigation against the Assured or in case the claim against the Assurer accrues without the entry of such final judgment or decree,unless such action is brought within one year from the date of the payment of such claim. Time The Assurer shall not be liable for any claim not presented to the Assurer with proper proofs of loss within six limitation (6)months after payment thereof by the Assured. Lay-up At the expiration of this policy,the Assurer is to return_N/A_ _____________________________,for each thirty (30) consecutive days returns during the term of this insurance the vessel may be laid up in a safe port;or _ for each thirty 30 consecutive days during the term of this insurance the vessel may be laid up in a safe port without loading and/or dis- charging and without crew or cargo on board, provided the Assured give written notice to the Assurer as soon as pract- icable after the commencement and the termination of such lay-up period. Cancellation provisions: (a) If the vessel named herein should be sold or requisitioned and this policy be cancelled and surrendered, the Assurer to return_____________________________for each thirty(30)consecutive days of the unexpired term of this insurance. (b) In the event of non-payment of premium within sixty (60) days after attachment, this policy may be cancelled by the Assurer upon five(5)days'written notice being given the Assured. (c) In the event that Sections 182 to 189, both inclusive, of U. S. Code, Title 46, or any other existing law or laws de- termining or limiting liability of shipowners and carriers, or any of them, shall, while this policy is in force, be modified, amended or repealed, or the liabilities of shipowners or carriers be increased in any respect by legislative enactment, the Assurer shall have the right to cancel said insurance upon giving thirty (30) days' written notice of their intention so to do,and in the event of such cancellation,make return of premium upon a pro rata daily basis. Notwithstanding anything to the contrary contained in this policy,no liability attaches to the Answer: For any loss, damage, or expense which would be payable under the terms of the American Institute Hull Clauses (1977) ______form of policy on hull and machinery,etc.if the vessel were fully covered by such insur- ance sufficient in amount to pay such loss,damage,or expense. For any loss, damage or expense sustained by reason of capture, seizure, arrest, restraint or detainment, or the consequence thereof or of any attempt thereat;or sustained inconsequence of military,naval or air action by force of arms, including mines and torpedoes or other missiles or engines of war,whether of enemy or friendly origin;or sus- tained in consequence of placing the vessel in jeopardy as an actor measure of war taken in the actual process of a military engagement, including embarking or disembarking troops or material of war in the immediate zone of such engagement; and any such loss, damage and expense shall be excluded from this policy without regard to whether the Assured's liability therefor is based on negligence or otherwise,and whether before or after a declaration of war. For any loss, damage, or expense arising from the cancellation or breach of any charter, bad debts, fraud of agents, insolvency, loss of freight hire or demurrage, or as a result of the breach of any undertaking to load any cargo, or in respect to the vessel named herein engaging in any unlawful trade or performing any unlawful act, with the knowl- edge of the Assured. For any loss, damage, expense, or claim arising out of or having relation to the towage of any vessel or craft, whether under agreement or not, unless such towage was to assist such other vessel or craft in distress to a port or place. of safety, provided, however, that this clause shall not apply to claims under this policy for loss of life or personal injury to passengers and/or members of the crew of the vessel named herein arising as a result of towing. For any claim for loss of life or personal injury in relation to the handling of cargo where such claim arises under a contract of indemnity between the Assured and his sub-contractor. It is expressly understood and agreed if and when the Assured under this policy has any interest other than as a shipowner in the vessel or vessels named herein, in no event shall the Assurer be liable hereunder to any greater extent than if such Assured were the owner and were entitled-to all the rights of limitation to which a shipowner is entitled. Unless otherwise agreed by endorsement to this policy, liability hereunder shall in no event exceed that which would be imposed on the Assured by law in the absence of contract. Liability hereunder in respect of any one accident or occurrence is limited to the amount hereby insured. i Attached to and forming part of Policy No...Per Declarations.............of StarNet Insurance Company. Combined Single Limit: In the event of an occurrence involving more than one policy form,section,or endorsement the maximum limit of liability under this policy for any one occurrence shall not exceed$Per Declarations,inclusive of legal fees and expenses. POLICY NO.: BOUM-P-22-0382 PAGE 21 OF 47 blOffshora Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS 757 THIRD AVENUE, IOTHFLOOR e newer comaa,r NEw YoRK,-NY 10017 COLLISION LIABILITY It is further agreed that: (a) if the Vessel shall come into collision with any other ship or vessel;and the Assured or the Surety in consequence of the Vessel being at fault shall become liable to pay and shall pay by way of damages to any other person or persons any sum or sums in respect of such collision,the Underwriters will pay the Assured or the Surety,whichever shall have paid,such proportion of such sum or sums so paid as their respective subscriptions hereto bear to the Agreed Value,provided always that their liability in respect to any one such collision shall not exceed their proportionate part of the Agreed Value; (b) in cases where,with the consent in writing of a majority(in amount)of Hull Underwriters,the liability of the Vessel has been contested,or proceedings have been taken to limit liability,the Underwriters will also pay a like proportion of the costs which the Assured shall thereby incur or be compelled to pay. When both vessels are to blame,then,unless the liability of the owners or charterers of one or both such vessels becomes limited by law,claims under the Collision Liability clause shall be settled on the principle of Cross-Liabilities as if the owners or charterers of each vessel had been compelled to pay to the owners or charterers of the other of such vessels such one-half or other proportion of the latter's damages as may have been properly allowed in ascertaining the balance or sum payable by or to the Assured in consequence of such collision. The principles involved in this clause shall apply to the case where both vessels are the property,in part or in whole,of the same owners or charterers,all questions of responsibility and amount of liability as between the two vessels being left to the decision of a single Arbitrator,if the parties can agree upon a single Arbitrator,or failing such agreement,to the decision of Arbitrators,one to be appointed by the Assured and one to be appointed by the majority(in amount)of Hull Underwriters interested;the two Arbitrators chosen to choose a third Arbitrator before entering upon the reference,and the decision of such single Arbitrator,or of any two of such three Arbitrators,appointed as above,to be final and binding. Provided always that this clause shall in no case extend to any sum which the Assured or the Surety may become liable to pay or shall pay in consequence of,or with respect to: (a) removal or disposal of obstructions,wrecks or their cargoes under statutory powers or otherwise pursuant to law; (b) injury to real or personal property of every description; (c) the discharge,spillage,emission or leakage of oil,petroleum products,chemicals or other substances of any kind or description whatsoever; (d) cargo or other property on or the engagements of the Vessel; (e) loss of life,personal injury or illness. Provided further that exclusions(b)and(c)above shall not apply to injury to other vessels or property thereon except to the extent that such injury arises out of any action taken to avoid,minimize or remove any discharge,spillage,emission or leakage described in (c)above. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY NO.: BOUM-P-22-0382 PAGE 22 OF 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,IOTH FLOOR 18,,,1e C— NEW YORK,NY 10017 POLLUTION EXCLUSION BUY BACK A This Policy will not indemnify the Assured against any sum(s)paid,nor insure against any liability,with respect to any loss, damage,cost,liability,expense,fine or penalty of any kind or nature whatsoever,and whether statutory or otherwise,incurred by or imposed on the Assured,directly or indirectly,in consequence of,or with respect to,the actual or potential discharge,emission, spillage or leakage upon or into the seas,waters,land or air,of oil,petroleum products,chemicals or other substances of any kind or nature whatsoever. IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF$0 THE ABOVE POLLUTION EXCLUSION CLAUSE(P&I) SHALL NOT APPLY TO SUMS PAID,OR LIABILITY OF THE ASSURED: 1) For loss of life of,or bodily injury to,or illness of,any person;or, 2) For loss,damage or expense to any cargo or property carried on board the insured Vessel(s);or, 3) For loss,damage or expense to any cargo or property on board any other vessel or contained or stored ashore unless such sums are paid,or liability is imposed,as a result of contact of such cargo or property with oil,petroleum products,chemicals or other substances of any kind or nature whatsoever arising in consequence of their sudden and accidental discharge,emission,spillage or leakage upon or into the seas,waters,land or air;or, 4) For contamination of any cargo or property resulting from the pumping of oil,petroleum products,chemicals or any other substances of any kind or nature whatsoever directly into any other vessel,or between tanks of the insured Vessel(s),or into storage tanks or receptacles ashore or elsewhere. PROVIDED that such sums,or such liability,are insured elsewhere under the terms and conditions of this Policy.All other terms and conditions,including any deductible provisions,of this Policy shall remain unchanged. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 23 OF 47 bfBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS ( O I{I S hO re 757 THIRD AVENUE, 10TH FLOOR a o.r ie,[mmnam NEw YORK,NY 10017 SECTION III MARINE GENERAL LIABILITY DECLARATIONS IN CONSIDERATION OF THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY,WE AGREE TO PROVIDE INSURANCE AS STATED HERIEN. Item 1. Named Insured and Mailing Address PER POLICY DECLARATIONS With respect to Section II,Who Is An Insured,the above Named Insured is considered to be an organization other than a partnership or joint venture unless otherwise specified above. Item 2. Policy Period PER POLICY DECLARATIONS Item 3. Description of Operations PER POLICY DECLARATIONS Item 4. Covered Locations PER POLICY DECLARATIONS Item 5. Limits of Insurance PER POLICY DECLARATIONS Combined Single Limit:In the event of an occurrence involving more than one policy form,section,or endorsement the maximum limit of liability under this policy for any one occurrence shall not exceed$2,000,000,inclusive of legal fees and expenses. Item 6. Deductible PER POLICY DECLARATIONS Medical Payments are not subject to the deductible. Item 7. Premium PER POLICY DECLARATIONS Item 8. Cancellation This policy may be canceled by the First Named Insured by mailing to us written notice when thereafter such cancellation shall be effective. This Policy may be canceled by us by mailing to the First Named Insured at his last known address written notice stating when, not less than thirty(30) days thereafter, such cancellation shall be effective; except in event of non payment of premium,only ten(10)days notice in writing to the First Named Insured is required. Such notice sent to the First Named Insured in the care of the broker or agent who negotiated this policy shall have the same effect as if sent directly to the First Named Insured. If cancellation is at the Insured's option, the Company will return a short-rate return premium; if cancellation is at the Company's option,pro rata unearned premium will be returned as soon as practicable. POLICY NO.: BOUM-P-22-0382 PACE 24 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore- 757 THrRD AVENUE, LOTH FLOOR t v onwie.caoo NEw YORK,NY 1001? Item 9. Paramount Exclusions The following exclusions shall be paramount and shall override anything contained in this policy inconsistent therewith: a. Asbestos Exclusion This policy shall not apply to "bodily injury" or"property damage", including loss of use thereof, arising out of the manufacturing, processing, handling, distribution, sale, application, removal or use of asbestos, or asbestos related product(s). b. Directors and Officers Exclusion Coverage afforded by this policy shall not apply to any director and/or officer of the Insured by reason of any wrongful act committed in their capacity as a director and/or officer of the Insured. It is further agreed that the term"wrongful act'shall be defined as,but not limited to,any breach of duty,neglect,error, misstatement,misleading statement,omission or other act actually done or attempted by a director and/or officer claimed against them solely by reason of their capacity as such. c. Employment-Related Practices Exclusion This insurance shall not cover: "Bodily Injury"arising out of any refusal to employ,termination or employment, coercion, demotion, evaluation, re- assignment, discipline, defamation, harassment, humiliation, discrimination or other employment-related practices, policies,acts or omissions or consequential"bodily injury"as a result of the above. "Personal Injury"arising out of any refusal to employ,termination of employment,coercion,demotion,evaluation,re- assignment,discipline,defamation,harassment,humiliation,discrimination or other employment practices,policies,acts or omissions;or consequential"personal injury"as a result of the above. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. d. Fiduciary Liability Exclusion Coverage as is afforded by this policy shall not apply to any claim or claims arising out of fiduciary liability. e. Health Hazard Exclusion Notwithstanding anything to the contrary contained in this policy, no coverage is granted by this policy for any loss, damage,injury or expense directly or indirectly caused by or arising out of:asbestos;tobacco;coal dust;polychlorinated biphenyls; silica; silicosis; benzene; lead; talc; dioxin; mold; pesticides or herbicides; electromagnetic fields; pharmaceutical or medical drugs/products/substances/devices; or any substance containing such material or any derivative thereof. Any loss,damage,injury or expense due to hearing loss or damage;human immune virus or acquired immune deficiency syndrome;cumulative trauma disorder,repetitive motion or strain injury,or carpel tunnel syndrome. Any loss for Bodily Injury or Personal Injury and/or Property Damage made by or on behalf,of any person or persons directly or indirectly on account of continuous,intermittent or repeated exposures to,ingestion,inhalation,or absorption of,any substances,materials,products,wastes or emissions,noise or environmental disturbance where the Assured is or may be liable for any reason including,but not limited to, as a result of the manufacture,production, extraction, sale, handling, utilization, distribution, disposal or creation by or on behalf of the Assured of such substances, materials, products,wastes or emissions,noise or environmental disturbance. For the purpose of this clause,the term"Personal Injury"shall mean bodily injury or insult(including death at any time resulting therefrom),mental injury,mental anguish,shock,sickness,disease,disability,wrongful detention,humiliation or wrongful eviction. POLICY NO.: BOUM-P-22-0382 PAGE 25 OF 47 hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V Offshore 757 THIRD AVENUE,10TH FLOOR V.Wk ,C_a NEW YORK,NY 10017 f. Occupational Disease Exclusion It is understood and agreed that this insurance shall not cover any liability,loss,damage or expense as regards personal injury(fatal or non fatal)resulting from occupational disease sustained by any employee of the Insured. g. Professional Liability/Errors or Omissions Exclusion It is understood and agreed that this policy shall not apply to any claim or claims arising out of a breach of professional duty by reason of any negligent act, error or omission, malpractice or mistake of a professional nature committed or alleged to have been committed by or on behalf of the Insured in the conduct of any of the Insured's business activities. Professional services includes but is not limited to the preparation or approval of maps,plans,opinions,reports,surveys, designs or specifications and supervisory,inspection,engineering,or data processing services. h. Punitive Damage Exclusion It is understood and agreed that this insurance shall not cover any fines,penalties,punitive damages,treble damages or any other damages resulting from the multiplication of compensatory damages. i. Securities and Financial Interest Exclusion It is agreed that no coverage under this policy shall apply to any damages arising out of or by reason of, 1) The purchase,or sale,or offer of sale,or solicitation of any security,debt,bank deposit or financial interest or instrument;or 2) Any representation made at any time in relation to the price or value of any security,debt,bank deposit or financial interest or instrument;or 3) Any depreciation or decline in price or value of any security,debt,bank deposit or financial interest or instrument. 4) Any intentional or unintentional violation of any provision of Federal or State securities laws,including but not limited to the Securities and Exchange Act of 1934 or any amendments or additions thereto. It is furthermore agreed that the Company has no obligation to defend or pay for the defense of any claim that may allege any of the foregoing. j. Pollution (1) 'Bodily injury"or"property damage"arising out of the actual,alleged or threatened discharge,dispersal,seepage, migration,release or escape of"pollutants"into or upon land,the atmosphere,or any watercourse or body of water. (2) Any loss,cost or expense arising out of any: (a) Request,demand,order or statutory or regulatory requirement that any insured or others test for,monitor, clean up,remove,contain,treat,detoxify or neutralize,or in any way respond to, or assess the effects of, "pollutants";or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for,monitoring, cleaning up,removing,containing,treating,detoxifying or neutralizing,or in any way responding to,or assessing the effects of,"pollutants". k. AIMU Extended Radioactive Contamination Exclusion Clause In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from 1. ionizing radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel 2. the radioactive,toxic,explosive or other hazardous or contaminating properties of any nuclear installation,reactor or other nuclear assembly or nuclear component thereof 3. any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 4. the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes,other than nuclear fuel,when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes. POLICY No.: BOUM-P-22-0382 PAGE 26 of 47 Berkley BERKLEY OFFSHORE UNDERWRrFING MANAGERS Offshore 757 THIRD AVENUE, 10TH FLOOR NEW YORK,NY 10017 1. AIMU Chemical,BioloVical,Bio-Chemical,and Electromagnetic Exclusion Clause In no case shall this insurance cover loss,damage,liability or expense directly or indirectly caused by or contributed to or arising from an actual or threatened act involving a chemical,biological,bio-chemical or electromagnetic weapon, device,agent or material when used in an intentionally hostile manner. in. AIMU U.S.Economic and Trade Sanctions Clause Whenever coverage provided by this policy would be in violation of any U.S.economic or trade sanctions such as,but not limited to,those sanctions administered and enforced by the U.S.Treasury Department's Office of Foreign Assets Control("OFAC"),such coverage shall be null and void. Similarly,any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S.economic or trade sanctions as described above shall also be null and void. n. Nuclear Energy Liability Exclusion It is agreed that: I. This policy does not apply: A. Under any Liability Coverage to bodily injury or property damage: (1) with respect to which an Insured under this policy is also an Insured under a Nuclear Energy Liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada,or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability;or (2) resulting from the hazardous properties of nuclear material and with respect to which(A) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof, or (B) the Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America,or any agency thereof,under any agreement entered into by the United Stated of America,or any agency thereof,with any person or organization. B. Under any Medical Payments Coverage,or under any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any liability coverage to bodily injury or property damage resulting from the hazardous properties of nuclear material,if (1) The nuclear material(A)is at any nuclear facility owned by or operated by or on behalf of an Insured or (B)has been discharged or dispersed therefrom; (2) The nuclear material is contained in spent fuel or waste at any time possessed,handled,used,processed, stored,transported or disposed of by or behalf of an Insured;or (3) The bodily injury or property damage arises out of the furnishing by an Insured of services,materials,parts or equipment in connection with the planning,construction,maintenance,operation or use of any nuclear facility,but if such facility is located within the United States of America,its territories or possessions or Canada,this exclusion(3)applies only to property damage to such nuclear facility and any property thereat. II. As used in this exclusion: "Hazardous Properties"means radioactive,toxic or explosive properties; "Nuclear Materials"means source material,special nuclear material or by-product material; "Source Material","Special Nuclear Material" and "By-Product Material"have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent Fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "Waste"means any waste material(A)containing by-product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content,and(B)resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility; "Nuclear Facility" means (A) any nuclear reactor, (B) any equipment or device used for(1)separating the isotopes of uranium or plutonium,(2)processing or utilizing spent fuel,or(3)handling,processing or packaging waste, POLICY NO.: BOUM-P-22-0382 PAGE 27 OF 47 1 hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS r/ Offshore I Shore 757 THIRD AVENUE,'1 OTH FLOOR >,4.v C- NEW YORK,NY 10017 (C) any equipment or device used for the processing,fabricating or alloying of special nuclear material if any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (D) any structure,basin,excavation,premises or place prepared or used for the storage or disposal or waste, and includes the site on which any of the foregoing is located,all operations conducted on such site and all premises used for operations; "Nuclear Reactor" means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material; "Property Damal4e"includes all forms or radioactive contamination of property. MARINE GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights,duties and what is and is not covered. Throughout this policy the words"you"and"your"refer to the Named Insured shown in the Declarations,and any other person or organization qualifying as a Named Insured under this policy.The words"we","us"and'bur"_refer to the company providing this insurance. The word"insured means any person or organization qualifying as such under Section II—Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning.Refer to Section V—Definitions. SECTION I—COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"bodily injury"or "property damage"to which this insurance applies.We will have the right and duty to defend the insured against any"suit" seeking those damages.However,we will have no duty to defend the insured against any"suit"seeking damages for "bodily injury"or"property damage"to which this insurance does not apply.We may,at our discretion,investigate any "occurrence"and settle any claim or"suit"that may result.But: (1) The amount we will pay for damages is limited as described in Section III—Limits Of Insurance;and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or expenses under Coverages-A,B or C including Supplementary Payments. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to"bodily injury"and"property damage"only if: (1) The"bodily injury"or"property damage"is caused by an"occurrence"that takes place in the"coverage territory"; (2) The"bodily injury"or"property damage"occurs during the policy period;and (3) Prior to the policy period,no insured listed under Paragraph 1.of Section II—Who Is An Insured and no"employee" authorized by you to give or receive notice of an'occurrence"or claim,knew that the"bodily injury"or"property -damage"had occurred,in whole or in part.If such a listed insured or authorized"employee"knew,prior to the policy period,that the"bodily injury"or"property damage"occurred,then any continuation,change or resumption of such POLICY No.: BOUM-P-22-0382 PAGE 28 of 47 hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V Offshore757 THIRD AVENUE, 10TH FLOOR NEw YORK,NY 10017 "bodily injury"or"property damage"during or after the policy period will be deemed to halve been known prior to the policy period. c. "Bodily injury"or"property damage"which occurs during the policy period and was not,prior to the policy period,known to have occurred by any insured listed under Paragraph 1.of Section II—Who Is An Insured or any"employee"authorized by you to give or receive notice of an"occurrence"or claim,includes any continuation,change or resumption of that "bodily injury"or"property damage"after the end of the policy period. d. "Bodily injury"or"property damage"will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.of Section II—Who Is An Insured or any"employee"authorized by you to give or receive notice of an"occurrence"or claim: (1)Reports all,or any part,of the"bodily injury"or"property damage"to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the"bodily injury"or"property damage";or (3)Becomes aware by any other means that"bodily injury"or"property damage"has occurred or has begun to occur. e. Damages because of"bodily injury"include damages claimed by any person or organization for care,loss of services or death resulting at any time from the"bodily injury". 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury"or"property damage"for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement;or (2) Assumed in a contract or agreement that is an"insured contract",provided the"bodily injury"or"property damage" occurs subsequent to the execution of the contract or agreement.Solely for the purposes of liability assumed in an "insured contract",reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of"bodily injury"or"property damage",provided: (a) Liability to such party for,or for the cost of,that party's defense has also been assumed in the same"insured contract";and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury"or"property damage"for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;or (3) Any statute,ordinance or regulation relating to the sale,gift,distribution or use of alcoholic beverages. d. Workers'Compensation And Similar Laws Any obligation of the insured under a workers'compensation,disability benefits or unemployment compensation law or any similar law. This exclusion shall also apply to any liabilities,duties,or obligations of the insured owed to a crewmember or seaman under General Maritime Law. e. Employer's Liability "Bodily injury"to: (1) An"employee"of the insured arising out of and in the course of: POLICY NO.: BOUM-P-22-0382 PAGE 29 OF 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE, 10TH FLOOR „�,C-- NEW YORK,NY 10017 (a)Employment by the insured;or (b)Performing duties related to the conduct of the insured's business;or (2) The spouse,child,parent,brother or sister of that"employee"as a consequence of Paragraph(1)above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. f. Aircraft or Auto "Bodily injury"or"property damage"arising out of the ownership,maintenance,use or entrustment to others of any aircraft or"auto"owned or operated by or rented or loaned to any insured.Use includes operation and"loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the"occurrence"which caused the"bodily injury" or"property damage"involved the ownership,maintenance,use or entrustment to others of any aircraft or"auto"that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) Parking an"auto"on,or on the ways next to,premises you own or rent,provided the"auto"is not owned by or rented or loaned to you or the insured; (2) "Bodily injury"or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to,or part of,a land vehicle that would qualify under the definition of"mobile equipment"if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged;or (b) the operation of any of the machinery or equipment listed in Paragraph f.(2)or f.(3)of the definition of"mobile equipment". g. Watercraft "Bodily injury"or"property damage"arising out of the ownership,maintenance,use or entrustment to others of any watercraft owned or operated,by or rented or loaned to any insured.Use includes operation and"loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured,if the"occurrence"which caused the"bodily injury" or"property damage"involved the ownership,maintenance,use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; .(2) A watercraft you do not own that is: (a) Less than 26 feet long;and (b) Not being used to carry persons or property for a charge; h. Mobile Equipment "Bodily injury"or"property damage"arising out of: (1) The transportation of"mobile equipment"by an"auto"owned or operated by or rented or loaned to any insured;or (2) The use of"mobile equipment"in,or while in practice for,or while being prepared for,any prearranged racing,speed, demolition,or stunting activity. i. , War "Bodily injury"or"property damage",however caused,arising,directly or indirectly,out of- (1) £(1) War,including undeclared or civil war; (2) Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;or (3) Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property "Property damage"to: POLICY No.: BOUM-P-22-0382 PAGE 30 of 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE, 10TH FLOOR U.P"y NEw YORK,NY 10017 (1) Property you own,rent,or occupy,including any costs or expenses incurred by you,or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of such property for any reason,including prevention of injury to a person or damage to another's property; (2) Premises you sell,give away or abandon,if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care,custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations,if the"property damage"arises out of those operations;or (6)That particular part of any property that must be restored,repaired or replaced because"your work"was incorrectly performed on it. Paragraphs(1),(3)and(4)of this exclusion do not apply to"property damage"(other than damage by fire)to premises, including the contents of such premises,rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. Paragraph(2)of this exclusion does not apply if the premises are"your work"and were never occupied,rented or held for rental by you. Paragraphs(3),(4),(5)and(6)of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph(6)of this exclusion does not apply to"property damage"included in the"products-completed operations hazard". k. Damage to Your Product "Property damage"to"your product"arising out of it or any part of it. 1. Damage to Your Work "Property damage"to"your work"arising out of it or any part of it and included in the"products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured "Property damage"to"impaired property"or property that has not been physically injured,arising out of- (1) £(1) A defect,deficiency,inadequacy or dangerous condition in"your product"or"your work";or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product"or"your work"after it has been put to its intended use. n. Recall of Products,Work or Impaired Property Damages claimed for any loss,cost or expense incurred by you or others for the loss of use,withdrawal,recall,inspection, repair,replacement,adjustment,removal or disposal of- (1) f(1)"Your product"; (2)"Your work";or (3)"Impaired property"; if such product,work,or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect,deficiency,inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury"arising out of"personal and advertising injury". p. Electronic Data Damages arising out of the loss of,loss of use of,damage to,corruption of,inability to access,or inability to manipulate electronic data. As used in this exclusion,electronic data means information,facts or programs stored as or on,created or used on,or transmitted to or from computer software,including systems and applications software,hard or floppy disks,CDROMS, tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. POLICY NO.: BOUM-P-22-0382 PAGE 31 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS OfifSllOr@ 757 THIRD AVENUE, 10TH FLOOR re NEW YORK,NY 10017 q. Distribution of Material in Violation of Statutes "Bodily injury"or"property damage"arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act(TCPA),including any amendment of or addition to such law;or (2) The CAN-SPAM Act of 2003,including any amendment of or addition to such law;or (3) Any statute,ordinance or regulation,other than the TCPA or CAN-SPAM Act of 2003,that prohibits or limits'the sending,transmitting,communicating or distribution of material or information. Exclusions c.through n.do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of"personal and advertising injury"to which this insurance applies.We will have the right and duty to defend the insured against any"suit" seeking those damages.However,we will have no duty to defend the insured against any"suit"seeking damages for"personal and advertising injury"to which this insurance does not apply.We may,at our discretion,investigate any offense and settle any claim or"suit"that may result.But: (1) The amount we will pay for damages is limited as described in Section III—Limits Of Insurance;and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements or expenses under Coverages A,B or C including Supplementary Payments. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to"personal and advertising injury"caused by an offense arising out of your business but only if the offense was committed in the"coverage territory"during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury"caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict"personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury"arising out of oral or written publication of material,if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury"arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury"arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury"for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury"arising out of a breach of contract,except an implied contract to use another's advertising idea in your"advertisement". POLICY No.: BOUM-P-22-0382 PAGE 32 of 47 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE, 10TH FLOOR <, NEw YORK,NY 10017 g. Quality Or Performance Of Goods—Failure To Conform To Statements "Personal and advertising injury"arising out of the failure of goods,products or services to conform with any statement of quality or performance made in your"advertisement". h. Wrong Description Of Prices "Personal and advertising injury"arising out of the wrong description of the price of goods,products or services stated in your"advertisement". i. Infringement Of Copyright,Patent,Trademark Or Trade Secret "Personal and advertising injury"arising out of the infringement of copyright,patent,trademark,trade secret or other intellectual property rights.Under this exclusion,such other intellectual property rights do not include the use of another's advertising idea in your"advertisement". However,this exclusion does not apply to infringement,in your"advertisement",of copyright,trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury"committed by an insured whose business is: (1) Advertising,broadcasting,publishing or telecasting; (2) Designing or determining content of websites for others;or (3) An Internet search,,access,content or service provider. However,this exclusion does not apply to Paragraphs 14.a.,b.and c.of"personal and advertising injury"under the Definitions Section. For the purposes of this exclusion,the placing of frames,borders or links,or advertising,for you or others anywhere on the Internet,is not by itself,considered the business of advertising,broadcasting,publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury"arising out of an electronic chatroom or bulletin board the insured hosts,owns,or over which the insured exercises control. 1. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury"arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag,or any other similar tactics to mislead another's potential customers. m. War "Personal and advertising injury",however caused,arising,directly or indirectly,out of: (1) War,including undeclared or civil war; (2) Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government,sovereign or other authority using military personnel or other agents;or (3) Insurrection,rebellion,revolution,usurped power,or action taken by governmental authority in hindering or defending against any of these. n. Distribution of Material in Violation Of Statutes "Personal and advertising injury"arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act(TCPA),including any amendment of or addition to such law;or (2) The CAN-SPAM Act of 2003,including any amendment of or addition to such law;or (3) Any statute,ordinance or regulation,other than the TCPA or CAN-SPAM Act of 2003,that prohibits or limits the sending,transmitting,communicating or distribution of material or information. PoLicY No.: BOUM-P-22-0382 PAGE 33 OF 47 i Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,10TH FLOOR ;14,C.m NEW YORK,NY 10017 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for"bodily injury"caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent;or (3) Because of your operations; provided that: (a) The accident takes place in the"coverage territory"and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident;and (c) The injured person submits to examination,at our expense,by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault.These payments will not exceed the applicable limit of insurance.We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical,surgical,x-ray and dental services,including prosthetic devices;and (3) Necessary ambulance,hospital,professional nursing and funeral services. 2. Exclusions We will not pay expenses for"bodily injury": a. Any Insured To any insured,except"volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person,whether or not an"employee"of any insured,if benefits for the"bodily injury"are payable or must be provided under a workers'compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing,instructing or participating in any physical exercises or games,sports,or athletic contests. f. Products-Completed Operations Hazard Included within the"products-completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. POLICY No.: BOUM-P-22-0382 PAGE 34 of 47 h ! Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V I O{I(Shore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. We will pay,with respect to any claim we investigate or settle,or any"suit"against an insured we defend: a. All expenses we incur. b. Up to$250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies.We do not have to furnish these bonds. c. The cost of bonds to release attachments,but only for bond amounts within the applicable limit of insurance.We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit",including actual loss of earnings up to$250 a day because of time off from work. e. All court costs taxed against the insured in the"suit".However,these payments do not include attomeys'fees or attorneys' expenses taxed against the insured. L Prejudgment interest awarded against the insured on that part of the judgment we pay.If we make an offer to pay the applicable limit of insurance,we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid,offered to pay,or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments are a part of and not in addition to the applicable limits of insurance. 2. If we defend an insured against a"suit"and an indemnitee of the insured is also named as a party to the"suit",we will defend that indemnitee if all of the following conditions are met: a. The"suit"against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an"insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend,or the cost of the defense of,that indemnitee,has also been assumed by the insured in the same "insured contract"; d. The allegations in the"suit"and the information we know about the"occurrence"are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such"suit"and agree that we can assign the same counsel to defend the insured and the indemnitee;and E The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation,settlement or defense of the"suit"; (b) Immediately send us copies of any demands,notices,summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee;and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee;and (2) Provides us with written authorization to: (a) Obtain records and other information related to the"suit";and (b) Conduct and control the defense of the indemnitee in such"suit". So long as the above conditions are met,attorneys'fees incurred by us in the defense of that indemnitee,necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Our obligation to defend an insured's indemnitee and to pay for attorneys'fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or expenses under Coverages A,B or C including Supplementary Payments,or the terms of the agreement described in Paragraph L above,are no longer met. No other obligation or liability to pay sums or perform acts or services is covered. POLICY No.: BOUM-P-22-0382 PAGE 35 of 47 1 bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore- 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 SECTION II—WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture,you are an insured. Your members,your partners,and their spouses are also insureds,but only with respect to the conduct of your business. c. A limited liability company,you are an insured.Your members are also insureds,but only with respect to the conduct of your business.Your managers are insureds,but only with respect to their duties as your managers.. d. An organization other than a partnership,joint venture or limited liability company,you are an insured.Your"executive officers"and directors are insureds,but only with respect to their duties as your officers or directors.Your stockholders are also insureds,but only with respect to their liability as stockholders. e. A trust,you are an insured.Your trustees are also insureds,but only with respect to their duties as trustees. 2. Each of the following is also an insured: J a. Your"volunteer workers"only while performing duties related to the conduct of your business,or your"employees",other than either your"executive officers"(if you are an organization other than a partnership,joint venture or limited liability company)or your managers(if you are a limited liability company),but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.However,none of these"employees"or "volunteer workers"are insureds for: (1) 'Bodily injury"or"personal and advertising injury": (a) To you,to your partners or members(if you are a partnership or joint venture),to your members(if you are a limited liability company),to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business,or to your other"volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse,child,parent,brother or sister of that co-"employee"or"volunteer worker"as a consequence of Paragraph(1)(a)above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs(1)(a)or(b)above;or (d) Arising out of his or her providing or failing to provide professional health care services. (2) "Property damage"to property: (a) Owned,occupied or used by, (b) Rented to,in the care,custody or control of,or over which physical control is being exercised for any purpose by you,any of your"employees","volunteer workers",any partner or member(if you are a partnership or joint venture), or any member(if you are a limited liability company). b. Any person(other than your"employee"or"volunteer worker"),or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die,but only: (1) With respect to liability arising out of the maintenance or use of that property;and (2) Until your legal representative has been appointed. d. Your legal representative if you die,but only with respect to duties as such.That representative will have all your rights and duties under this Coverage Part. POLICY NO.: BOUM-P-22-0382 PAGE 36 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE, IOTH FLOOR a a.r. tampon. NEW YORK,NY 10017 3. Any organization you newly acquire or form,other than a partnership,joint venture or limited liability company,and over which you maintain ownership or majority interest,will qualify as a Named Insured if there is no other similar insurance available to that organization.However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period,whichever is earlier; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization;and c. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III—LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A,except damages because of"bodily injury"or"property damage"included in the"products- completed operations hazard";and c. Damages under Coverage B. d. Amounts recoverable under Supplementary Payments-Coverages A and B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury"and"property damage"included in the"products-completed operations hazard"including Supplementary Payments. 4. Subject to Paragraph 2.above,the Personal and Advertising Injury Limit is the most we will pay under Coverage B,including Supplementary Payments,for the sum of all damages because of all"personal and advertising injury"sustained by any one person or organization. 5. Subject to Paragraph 2.or 3.above,whichever applies,the Each Occurrence Limit is the most we will pay for the sum of. a. Damages under Coverage A;and b. Medical expenses under Coverage C;and c. Amounts recoverable under Supplementary Payments-Coverages A and B. because of all"bodily injury"and"property damage"arising out of any one"occurrence". 6. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to any one premises,while rented to you,or in the case of damage by fire,while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5.above,the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of"bodily injury"sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months,starting with the beginning of the policy period shown in the Declarations,unless the policy period is extended after issuance for an additional period of less than 12 months.In that case,the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. POLICY No.: BOUM-P-22-0382 PAGE 37 OF 47 ` Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757THiRn Ew ORKONY10017 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence,Offense,Claim or Suit a. You must see to it that we are notified as soon as practicable of an"occurrence"or an offense which may result in a claim. Notice should be sent to: BERKLEY OFFSHORE UNDERWRITING MANAGERS_ 757THIRD AVENUE, l OTH FLOOR NEW YORK,NY 10017 Attn:William Marrione E-mail:MarineClaims@BerkleyOffshore.com To the extent possible,notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. b. If a claim is made or"suit"is brought against any insured,you must: (1) Immediately record the specifics of the claim or"suit"and the date received;and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or"suit"as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any.demands,notices,summonses or legal papers received in connection with the claim or"suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim.or defense against the"suit";and (4) Assist us,upon our request,in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will,except at that insured's own cost,voluntarily make a payment,assume any obligation,or incur any expense,other than for first aid,without our consent. e. We shall have the option of naming the attorneys who shall represent the Insured in the prosecution or defense of any litigation or negotiations between the Insured and third parties concerning any claim covered by this Policy,and in any event,we shall direct the progress of such litigation or negotiations. f. If the Insured shall fail,or refuse,to settle any claim as authorized by the Company,the liability of the Company shall be limited to the amount for which settlement could have been made plus legal fees and disbursements incurred(subject to Section III of this policy)to the date the Insured fails or refuses to settle any such claim,less the amount of any deductible provided for in this Policy. If thereafter any amount is recovered against the Insured in excess of the amount of any settlement authorized by the Company(less the deductible),such excess amount,plus any additional legal fees and disbursements,shall be solely for account of the Insured. 3. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a"suit"asking for damages from an insured;or b. To sue us on this policy unless all of its terms have been fully complied with. POLICY NO.: BOUM-P-22-0382 PAGE 38 OF 47 Berkley BERKLEY OFFSHORE UNDERWffiTING MANAGERS Offshore" 757 THIItDN ooRK°NY 10017 1 a Berkley Company A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured;but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance.An agreed settlement means a settlement and release of liability signed by us,the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance with any other insurer is available to the Insured covering a loss also covered by this policy,other than insurance that is excess of the insurance afforded by this policy,the insurance afforded by this policy shall be in excess of and shall not contribute with such other insurance,either as double insurance or otherwise. Nothing herein shall be construed to make this policy subject to the terms and conditions and limitations of other insurance 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only.At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured.Audit premiums are due and payable on notice to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation,and send us copies at such times as we may request. 6. Representations. By accepting this policy,you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us;and c. We have issued this policy in reliance upon your representations. 7. Separation of Insureds Except with respect to the Limits of Insurance,and any rights or duties specifically assigned in this Coverage Part to the first Named Insured,this insurance applies: a. As if each Named Insured were the only Named Insured;and b. Separately to each insured against whom claim is made or"suit"is brought. 8. Inclusion of Additional Insureds or Loss Payees Wherever additional Insureds or loss payees are added to this policy it is specifically agreed: a. Such additional Insureds or loss payees are included only with respect to such activities insured by this policy as would exist in the absence of the naming of additional Insureds or loss payees and coverage hereunder shall in no way-be considered-extended by the inclusion of additional Insureds or loss payees. b. The inclusion of additional Insureds or loss payees in no way increase the limit of liability hereunder. c. In the event of cancellation or change in policy coverage unless specifically endorsed in writing to the contrary hereon,no obligation is imposed on this company to send notice of cancellation or change of coverage to an additional Insured or loss payee and notice to the original named Insured shall discharge all obligations of this company hereunder. This company shall not be required to notify additional named Insured or loss payees of any cancellation received from the original Insured hereon. d. The insurance afforded to Additional Assureds will not be broader than that which is required by the contract or agreement to provide for such Additional Insured. 9. Transfer of Rights of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part,those rights are transferred to us. The insured must do nothing after loss to impair them.At our request,the insured will bring"suit"or transfer those rights to us and help us enforce them. POLtCYNO.: BOUM-P-22-0382 PAGE 39 of 47 J bBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore- 757 TMD AVENUE l Y 10017 1 e perklay CempaM NEw YORK, 7 10. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or stop the Company for asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed,except by endorsement issued to form a part of this policy. SECTION V—DEFINITIONS 1. "Advertisement"means a notice that is broadcast or published to the general public or specific market segments about your goods,products or services for the purpose of attracting customers or supporters.For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication;and b. Regarding web-sites,only that part of a website that is about your goods,products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto"means: a. A land motor vehicle,trailer or semitrailer designed for travel on public roads,including any attached machinery or equipment;or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However,"auto"does not include"mobile equipment". 3. "Bodily injury"means bodily injury,sickness or disease sustained by a person,including death resulting from any of these at any time. 4. "Coverage territory"means: a. The United States of America(including its territories and possessions),Puerto Rico and Canada; b. International waters or airspace,but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a.above;or c: All other parts of the world if the injury or damage arises out of-r (1) Goods or products made or sold by you in,the territory described in Paragraph a.above; (2) The activities of a person whose home is in the territory described in Paragraph A.above,but is away for a short time on your business;or. (3) "Personal and advertising injury"offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determinedlin a"suit"on the merits,in the territory described in._ Paragraph a.above or in a settlement we agree to. 5: "Employee"includes a"leased worker"."Employee"does.not include a"temporary worker". 6. "Executive officer"means a person holding any of the officer positions created by your charter,constitution,by-laws or any other similar governing document. 7. "Gross Receipts"means the gross amount of money charged by the Insured for"The Insured's Product"and"The Insured's Work"during the Policy Period,and includes: a) taxes,other than taxes which the Insured collects as a separate item and remits directly to a governmental division. b) cost of subcontractor(s) 8. "Impaired property"means tangible property,other than"your product"or"your work",that cannot be used or is less useful because: a. It incorporates"your product"or"your work"that is known or thought to be defective,deficient,inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; POLICY No.: BOUM-P-22-0382 PAGE 40 OF 47 hBerkley BERKLEY OFFSHORE UNDERWRrrING MANAGERS V � Offshore 757 THIRD AVENUE,10TH FLOOR NEW YORK,NY 10017 if such property can be restored to use by the repair,replacement,adjustment or removal of"your product"or"your work"or your fulfilling the terms of the contract or agreement. 9. "Insured contract"means: a. A contract for a lease of premises.However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement,except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation,as required by ordinance,to indemnify a municipality,except in connection with work for a municipality; e. An elevator maintenance agreement; E That part of any other contract or agreement pertaining to your business(including an indemnification of a municipality in connection with work performed for a municipality)under which you assume the tort liability of another party to pay for "bodily injury"or"property damage"to a third person or organization.Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies a railroad for"bodily injury"or"property damage"arising out of construction or demolition operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,roadbeds,tunnel, underpass or crossing; (2) That indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing,approving,or failing to prepare or approve,maps,shop drawings,opinions,reports,surveys,field orders,change orders or drawings and specifications;or (b)Giving directions or instructions,or failing to give them,if that is the primary cause of the injury or.damage; or (3) Under which the insured,if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services,including those listed in(2)above and supervisory, inspection,architectural or engineering activities. 10. "Leased worker"means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm,to perform duties related to the conduct of your business."Leased worker"does not include a"temporary worker". 11. "Loading or unloading"means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft,watercraft or"auto"; b. While it is in or on an aircraft,watercraft or"auto";or c. While it is being moved from an aircraft,watercraft or"auto"to the place where it is finally delivered; but"loading or unloading"does not include the movement of property by means of a mechanical device,other than a hand truck,that is not attached to the aircraft,watercraft or"auto". 12. "Mobile equipment"means any of the following types of land vehicles,including any attached machinery or equipment: a. Bulldozers,farm machinery,forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted: (1) Power cranes,shovels,loaders,diggers or drills;or (2) Road construction or resurfacing equipment such as graders,scrapers or rollers; e. Vehicles not described in Paragraph a.,b.,c.or d.above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors,pumps and generators,including spraying,welding,building cleaning,geophysical exploration, lighting and well servicing equipment;or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a.,b.,c.or d.above maintained primarily for purposes other than the transportation of persons or cargo. However,self-propelled vehicles with the following types of permanently attached equipment are not"mobile equipment" but will be considered"autos": POLICY No.: BOUM-P-22-0382 PAGE 41 of 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore 757 THIRD AVENUE,IOTHFLOOR re_ ,Aasn3YCpmNEW YORK,NY 10017 (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance,but not construction or resurfacing;or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors,pumps and generators,including spraying,welding,building cleaning,geophysical exploration, lighting and well servicing equipment. However,"mobile equipment"does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged.Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence"means an accident,including continuous or repeated exposure to substantially the same general harmful conditions. 14. "Personal and advertising injury"means injury,including consequential"bodily injury",arising out of one or more of the following offenses: a. False arrest,detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies,committed by or on behalf of its owner,landlord or lessor; d. Oral or written publication,in any manner,of material that-slanders or libels a person or organization or disparages a person's or organization's goods,products or services; e. Oral or written publication,in any manner,of material that violates a person's right of privacy; L The use of another's advertising idea in your"advertisement";or g. Infringing upon another's copyright,trade dress or slogan in your"advertisement". 15. "Pollutants"mean any solid,liquid,gaseous,or thermal irritant or contaminant;including smoke,vapor,soot,spoils,fumes, acids,alkalis,petroleum products or derivatives,chemicals,sewerage,dredging spoils,asbestos,and.waste materials or substances;Waste materials or substances includes materials to be recycled,reconditioned or reclaimed. 16. "Products-completed operations hazard": a. Includes all"bodily injury"and"property damage"occurring away from premises you own or rent and arising out of"your product"or"your work"except: (1) Products that are still in your physical possession;or (2) Work that has not yet been completed or abandoned.However,"your work"will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service,maintenance,correction,repair or replacement,but which is otherwise complete,will be treated as completed. b. Does not include"bodily injury"or"property damage" arising out of: (1) The transportation of property,unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you,and that condition was created by the"loading or unloading"of that vehicle by any insured; (2) The existence of tools,uninstalled equipment or abandoned or unused materials;or (3) Products or operations for which the classification,listed in the Declarations or in a policy schedule,states that products-completed operations are subject to the General Aggregate Limit. POLICY No.: BOUM-P-22-0382 PAGE 42 of 47 h Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V Offshore 757 THIRD AVENUE, IOTHFLOOR . "r ry somFa v NEw YORK,NY 10017 17. "Property damage"means: a. Physical injury to tangible property,including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it;or b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the'occurrence"that caused it. For the purposes of this insurance,electronic data is not tangible property. As used in this definition,electronic data means information,facts or programs stored as or on;created or used on,or transmitted to or from computer software,including systems and applications software,hard or floppy disks,CD'-ROMS,tapes, drives,cells,data processing devices or any other media which are used with electronically controlled equipment. 18. "Suit"means a civil proceeding in which damages because of"bodily injury","property damage"or"personal and advertising injury"to which this insurance applies are alleged. "Suit"includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent;or b. Any other alternative-dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. "Temporary worker"means a person who is furnished to you to substitute for a permanent"employee"on leave or to meet seasonal or short-term workload conditions. 20. "Volunteer worker"means a person who is not your"employee",and who donates his or her work and acts at the direction of and within the scope of duties determined by you,and is not paid a fee,salary,or other compensation by you or anyone else for their work performed for you. 21. "Your product , a. Means: (1) Any goods or products,other than real property,manufactured,sold,handled,distributed or disposed of by: (a) You; (b) Others trading under your name;or (c) A person or organization whose business or assets you have acquired;and (2) Containers(other than vehicles),materials,parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness,quality,durability,performance or use of "your product";and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf;and, (2) Materials,parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness,quality,durability,performance or use of "your work",and (2) The providing of or failure to provide warnings or instructions. POLICY No.: BOUM-P-22-0382 PAGE 43 of 47 hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V Offshore" THiRD H W ORKYiooi7 1 e OerNhy Compt✓,Y WHARFINGER'S LIABILITY ENDORSEMENT Effective from inception,it is understood and agreed that Section I,Clause 2,Exclusions g.and j(4)do not apply to any claim arising out of the Insured's custodianship of the vessels,but only to the extent of the coverages provided under this endorsement: 1. This insurance is to cover the legal liability of the Insured upon the terms and conditions and subject to the limitations hereinafter set forth. A. This insurance covers the legal liability of the Insured for loss or damage to vessels, craft, and equipment, cargoes, freights,and other interests on board,which are in their care,custody or control at or in the vicinity of Per Declarations B. This insurance also covers the legal liability of the Insured for loss or damage to property other than that referred to in paragraph A hereof caused by said vessels or craft and their cargoes,which are in their care,custody or control. 2. No claim shall be payable under this policy unless the aggregate liability of the Insured arising out of the same accident or occurrence, and insured against hereunder, exceeds the sum of$Per Declarations and this sum shall be deducted from the amount payable hereunder on account of liability arising from each such accident or occurrence. 3. Notwithstanding anything to the contrary contained in this policy, it is hereby expressly understood and agreed that this insurance does not cover any liability: A. For death or personal injury; B. Arising out of the loading or off-loading of any watercraft;; C. Accepted under a charter party; D. For demurrage,delay,loss of time,loss of freight,loss of charter and/or similar and/or substituted expenses; E. For loss,damage or expense which may be recoverable under any other insurance inuring to the benefit of the Insured except as to any excess over and above the amount recoverable thereunder; F. loss, damage or expense arising out of the operation of any vessel or craft owned or operated by the Insured or any affiliated or subsidiary concern or individual or party; G. To property owned,leased or rented to the Insured or utilized by the Insured in its business; H. To vessels or craft stored by the Insured; I. For loss, damage or expense caused by or resulting from strikes,lock-outs,labor disturbances,riots,civil commotions or the acts of any person or persons taking part in any such occurrence or disorder; J. For vessel repair,construction,alteration,conversion or gas freeing; K. For loss damage,injury or expense which may be recoverable under any other insurance carried by the Insureds or by others for account of the Insureds except insurance covering part of this risk insured in conjunction herewith, or any excess insurance over and above the amount recoverable hereunder; 4. Attached to and forming part of Policy No. Per Declarations of the StarNet Insurance Company but it is understood and agreed that the terms of this form are substituted for those of the policy form to which this is attached,the latter being hereby waived except for those provisions required by law to be inserted in the policy. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY NO.: BOUM-P-22-0382 PAGE 44 OF 47 i) hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS V � Offshore 757 THIRD AVENUE, 10TH FLOOR i etiR„v�,m� NEW YORK,NY 10017 TRAVELING WORKMAN ENDORSEMENT It is hereby understood and agreed that the cover provided by this insurance shall be extended whenever any persons employed by or on behalf of the Assured are on board or alongside the vessel in any port or facility for the purpose of effecting repairs and/or work entrusted to the Assured. POLLUTION LIMITATION ENDORSEMENT Notwithstanding any other provision of-this policy or of any underlying insurance,this policy of insurance is not evidence of financial responsibility under the Oil Pollution Act of 1990 or any similar Federal or State Laws. Any showing or offering of this policy by the Assured as evidence of insurance shall not be taken as any indication that the Underwriters consent to act as guarantor or to be sued directly in any jurisdiction whatsoever. The Underwriters DO NOT CONSENT TO BE GUARANTORS_OR SUED DIRECTLY. Such coverage as is afforded by this policy shall not apply to any claim arising out of the discharge,dispersal,release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials, oil or other petroleum substance or derivative(including any oil refuse or oil mixed wastes)or other irritants,contaminants or pollutants into or upon land,the atmosphere, or any watercourse or body of water. This exclusion shall not apply,however,provided that the Assured establishes that all of the following conditions have been met: (A) the discharge, dispersal, release or escape was accidental and was neither expected nor intended by the Assured. A discharge, dispersal, release or escape shall not be considered unintended or unexpected unless caused by some intervening event neither foreseeable nor intended by the Assured. (B) The discharge,dispersal,release or escape can be identified as commencing at a specific time and date during the term of this policy. (C) The discharge,dispersal,release or escape became known to the Assured within 72 hours after its commencement. (D) The discharge, dispersal, release or escape was reported in writing to these underwriters within 30 days after having become known to the Assured. (E) The discharge, dispersal, release or escape did not result from the Assured's intentional and willful violation of any government statute,rule or regulation. Nothing contained in this endorsement shall operate to provide any coverage with respect to: (1) loss of, damage to or loss of use of property directly or indirectly resulting from subsidence caused by subsurface operations of the Assured; (2) removal of,loss of or damage to subsurface oil,gas or any other substance; (3) fines, penalties, punitive damages, exemplary damages, treble damages or any other damages resulting from the multiplication of compensatory damages; (4) any site or location used in whole or in part for the handling,processing,treatment,storage,disposal or dumping of any waste materials or substances or the transportation of any waste materials or substances. (5) pollution emanating from or arising out of the operation of any owned or bareboat chartered watercraft. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 45 OF 47 Berkley BERKLEY OFFSHORE UNDERWRITING MANAGERS Offshore- 757 THIRD AVENUE,I OTH FLOOR NEW YORK,NY 10017 SECTION IV—CONTRACTORS EQUIPMENT MISCELLANEOUS ARTICLES ENDORSEMENT Territorial Limits: Per Policy Declarations Articles Insured: Per Schedule of Insured Equipment in Declarations Description Limit of Insurance Misc.Tools&Equipment $10,000 I. LIMIT OF INSURANCE:In the event of a loss or damage to the Articles Insured,the Company will determine the value of such Articles Insured at Actual Cash Value as of the time of loss or damage.The most the Company will pay for loss or damage in any one occurrence is the applicable Limit of Insurance shown in the Schedule of Articles Insured or the Actual Cash Value,whichever is less. II. COINSURANCE:The Company shall not be liable for a greater proportion of any loss of or damage to the property covered hereunder than the amount insured under this policy bears to 100%of the ACTUAL CASH VALUE(as determined by the valuation clause contained in this policy)of said property at all places where coverage is afforded herein at the time such loss shall occur. III. DEDUCTIBLE: It is understood and agreed that each claim for loss or damage shall be adjusted separately, and from the amount of each adjusted claim the sum of Per Schedule of Insured Equipment in Declarations shall be deducted. In the event of any recovery and/or salvage on a loss which has been or is being or is about to be paid hereunder,such recovery and/or salvage shall accrue entirely to the benefit of the Company under this policy until the sum paid by them has been made up. IV. THIS POLICY INSURES: against all risks of direct physical loss of or damage to the insured property from any external cause,except as hereinafter excluded. V. THIS POLICY DOES NOT INSURE AGAINST: a) Delay,loss of market,indirect or consequential loss of any kind; b) Breakage of glass,unless coincident with other loss or damage insured by this policy; c) Loss, damage or expense caused by or resulting from wear and tear,mechanical breakdown, inherent vice, latent defect, gradual deterioration, depreciation, insect, vermin, or by processing or any work upon the property,but if fire or explosion ensues, then the direct loss or damage caused by such ensuing fire or explosion shall not be excluded; d) Loss or damage caused by corrosion,rust,dampness of atmosphere,freezing or extremes of temperature, e) Loss or damage to electrical appliances or devices of any kind,including wiring,arising from electrical injury or disturbance to the said electrical appliances or devices or wiring from artificial causes, but if fire or explosion ensues,then the direct loss or damage caused by such ensuing fire or explosion shall not be excluded; fl Any fraudulent,dishonest or criminal act(s)committed alone or in collusion with others by: I)any employee,officer,director,partner,trustee or any other authorized representative of the Assured, whether or not such act(s)be committed during regular business hours,or, 2)others to whom the property covered hereunder may be entrusted(carriers for hire excepted); g) Mysterious disappearance,unexplained shortage or shortage disclosed by taking inventory; h) Loss or damage caused by or resulting from: I)hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual,impending or expected attack,(a)by any government or sovereign power(de jure or de facto),or by any authority maintaining or using military,naval or air forces;or(b)by military,naval or air forces;or(c)by an agent of any such government,power,authority or forces; 2)any weapon of war employing atomic fission or radioactive force whether in time of peace or war; 3)insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or PoLiCY No.: BOUM-P-22-0382 PAGE 46 of 47 hBerkley BERKLEY OFFSHORE UNDERWRITING MANAGERS r/ I Offshore 757 THIRD AVENUE,10TH FLOOR ore i n a.r ir+ore NEw YORK,NY 10017 customs regulations,confiscation by order of any government or public authority,or risks of contraband or illegal transportation or trade; i) Loss by nuclear reaction or nuclear radiation or radioactive contamination,all whether controlled or uncontrolled, and whether such loss be direct or indirect,proximate or remote,or be in whole or in part caused by,contributed to, or aggravated by the peril(s)insured against in this policy;however,subject to the foregoing and all provisions of this policy, direct loss by fire resulting from nuclear reaction or nuclear radiation or radioactive contamination is insured against by this policy. j) Governmental Action Seizure or destruction of property by order of governmental authority.But the Company will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Form. k) Voluntary parting with any property by the Assured or anyone entrusted with the property if induced to do so by any fraudulent scheme,trick,device or false pretense. 1) Unauthorized instructions to transfer property to any person or to any place. m) Neglect of an Assured to use all reasonable means to save and preserve property from further damage at and after the time of loss. VI. LOSS PAYMENT: a) In the event of loss or damage covered by this Policy,at the Company's option,the Company will either: 1)Pay the value of lost or damaged property; 2)Pay the cost of repairing or replacing the lost or damaged property,subject to b.below; ' 3)Take all or any part of the property at an agreed or appraised value;or 4)Repair,rebuild or replace the property with other property of like kind and quality. b) The Company will give notice of the Company's intentions within 30 days after the Company receives the sworn proof of loss. c) In no event shall the Company pay more than the Assured's financial interest in the Covered Property. d) The Company may adjust losses with the owners of lost or damaged property if other than the Assured. If the Company pays the owners, such payments will satisfy the Assured's claims against the Company for the owners' property.The Company will not pay the owners more than their financial interest in the Covered Property. e) The Company may elect to defend the Assured against suits arising from claims of owners of property.The Company will do this at the Company's expense. fl The Company will pay for covered loss or damage within 30 days after the Company receive the sworn proof of loss,if you have complied with all of the terms of this Coverage Part and; 1)The Company have reached agreement with you on the amount of loss;or 2)An appraisal award has been made. VII. VALUATION:The Company will determine the value of Covered Property in the event of loss or damage at actual cash value as of the time of loss or damage. ALL OTHER TERMS,CONDITIONS,LIMITATIONS AND EXCLUSIONS REMAIN UNCHANGED. POLICY No.: BOUM-P-22-0382 PAGE 47 OF 47 MELRCON-01 EPICHARDO CERTIFICATE OF LIABILITY INSUR7//13/202213/2022ANCE DATYY) 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 `' NAMEACT_Dina Pichardo Premier Risk,LLC PHONEFAX 142 Lakeview Ave A/c,No,Et):(516)'599-8484116 (ANC,No):(516)599-8054 Lynbrook,NY 11563 ADrpRIL s,dpichardo@premierrisk.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:StarNet Insurance Company INSURED INSURER B: Melrose Contracting Corp INSURER C: PO BOX 2106 INSURER D: Greenport,NY 11944 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 NUMBER POLICY EFF POLICY EXP LTR INSD WVD MM/DD MM DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2'000,000 CLAIMS-MADE [X]OCCUR BOUPM220382 5/5/2022 5/5/2023 DAMAGE TO RENTED 50,000 PREMISES fEaoccurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL RADV INJURY $ 2'000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 1:1 PRO- ❑LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea..,dent)- $ ANY AUTO BODILY INJURY Perperson) $ OWNEDSCHEDULED AUTOS ONLY L AUTOS BODILY INJURY Per accident $ AUTOS ONLY AUOTNOS ONL� PeOaccdent AMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION - OTH- AND EMPLOYERS'LIABILITY Y/N PER LIE I E ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' � N/A E.L.EACH ACCIDENT $ (Mdatory in If yes,describe under under E.L.DISEASE-EA EMPLOYE $ nd DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The Town of Southold is listed as additional insured. 30 days prior written notice to the Town of Southold for cancellation is applicable. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Southold THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 53095 Main Road ACCORDANCE WITH THE POLICY PROVISIONS. Southold,NY 11971 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD YORK Workers'. ATE Consation CERTIFICATE OF INSURANCE COVERAGE STATE Boar DISABILITY AND PAID FAMILY LEAVE BENEFITS LAW PART 1.To be completed by Disability and Paid Family Leave Benefits Carrier or Licensed Insurance Agent of that Carrier 1a.Legal Name&Address of Insured(use street address only) 1 b.Business Telephone Number of Insured MELROSE CONTRACTING CORP. PO BOX 2106 6314771546 GREENPORT,NY 11944 Work Location of Insured fOnlyrequired if coverage is specificauy limited to 1c.Federal Employer Identification Number of Insured certain locations in New York State.le.,wrap-up Policy) or Social Security Number 81-1829662 2.Name and Address of Entity Requesting Proof of Coverage 3a.Name of Insurance Carrier (Entity Bain Listed as the Certificate Holder) Standard Security Life Insurance Company of New York Town of Southold tI► p. Y 53095 Main Road 3b.Policy Number of Entity Listed in Box"1a" Southold,-.NY 11971 L81697-000 3c.Policy effective period 5/7/2016 to 7/12/2023 4. Policy provides the following benefits: XO A.Both disability and paid family leave benefits. B.Disability benefits only. C] C.Paid family leave benefits only. 5. Policy covers: ❑X A.AN of the employers employees eligible under the NYS Disabilityand Paid Family Leave Benefits Law. 0 B.Only the following class or classes of employer's employees: Under penalty of perjury,l certify that 1 am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has NYS Disability and/or Paid Family Leave Benefits insurance coverage as desc' above. Data Signed 7/132022 ByW�)A, a. (Signature of insurance carrier's authorit d representative or NYS Ucensed Insurance Agent of that insurance carrier) Telephone Number (212) 355-4141 NameandTiue_SUPERVISOR-DBL/POLICY SERVICES IMPORTANT: If Boxes 4A and 5A are checked,and this form is signed by the insurance carrier's authorized representative or NYS Licensed Insurance Agent of that carrier,this certificate is COMPLETE.Mail it directly to the certificate holder. If Bax 46,4C or 58 is checked,this certificate is NOT COMPLETE for purposes of Section 220,Subd.8 of the NYS Disability and Paid Family Leave Benefits Law.It must be mailed for completion to the Workers'Compensation Board,Plans Acceptance Unit,PO Box 5200,t3(nghamton.NY 13902-5200. PART 2.To be completed by the NYS Workers'Compensation Board(Only if Box 4C or 58 of Part 1 has been checked) State of New York Workers' Compensation Board According to information maintained by the NYS Workers'Compensation Board,the above-named employer has complied with the NYS Disability and Paid Family Leave Benefits Law with respect to all of his/her employees. Date Signed By (Signature of Authorized NYS Workers'Compensation Board Employee). Telephone Number Name and Title Please Note:Only insurance carriers licensed to write NYS disability and paid family leave benefits insurance policies and NYS licensed insurance agents of those insurance carriers are authorized to issue Form DB-120.1. Insurance brokers are NOT authorized to issue this form. DB.120.' ('°-"' I�Ill�fBllnlllll�l1llll(l10lall7)II�+� NYSI F New York State Insurance Fund PO Box 66699,Albany,NY 12206 nysif.com CERTIFICATE OF WORKERS' COMPENSATION INSURANCE Nil; j' ^A A^A^ 811829662 PREMIER RISK LLC $ 142 LAKEVIEW AVE �� f LYNBROOK NY 11563 SCAN TO VALIDATE AND SUBSCRIBE POLICYHOLDER CERTIFICATE HOLDER ,MELROSE CONTRACTING CORP TOWN OF SOUTHOLD PO BOX 2106 53095 MAIN ROAD GREENPORT NY 11944' SOUTHOLD NY 11971 POLICY NUMBER CERTIFICATE NUMBER POLICY PERIOD DATE 12389002-3 82334 05/07/2022 TO 05/07/2023 7/13/2022 THIS IS TO CERTIFY THAT-THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE NEW YORK STATE INSURANCE FUND UNDER POLICY NO. 2389 002-3, COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE "NEW YORK WORKERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW, AND, WITH RESPECT TO OPERATIONS OUTSIDE OF NEW YORK, TO THE POLICYHOLDER'S REGULAR NEW YORK STATE EMPLOYEES ONLY. IF YOU WISH TO RECEIVE NOTIFICATIONS REGARDING SAID POLICY,INCLUDING ANY NOTIFICATION OF CANCELLATIONS, OR TO VALIDATE THIS CERTIFICATE,VISIT OUR WEBSITE AT HTTPS://WWW.NYSIF.COM/CERT/6ERTVAL.ASP.THE NEW YORK STATE INSURANCE FUND IS NOT LIABLE IN THE EVENT OF FAILURE TO GIVE SUCH NOTIFICATIONS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS NOR INSURANCE COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY. BY CAUSING THIS CERTIFICATE TO BE ISSUED TO THE CERTIFICATE HOLDER, THE POLICYHOLDER UNDERTAKES TO PROVIDE THE CERTIFICATE HOLDER 30 CALENDAR DAYS' NOTICE OF ANY CANCELLATION OF THE POLICY. NEW YORK STAT SUR NCE FUND DIRECTOR,INSURANCE FUND UNDERWRITING VALIDATION NUMBER: 124276377 U-26.3 VENDOR NAME: Chesterfield Associates, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. x PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-2467864 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 6/9/1971 IF APPLICABLE: DATE FILED: 8/16/1978 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Chesterfield Associates, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) Seth Allan (40%) Alexander Allan (40%) Jeffrey E. Grube (15%) JeanMarie LaVallee (5%) LIST OFFICERS AND DIRECTORS: NAME TITLE see attached list --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Chesterfield Associates, Inc. ADDRESS: P.O. Box 1229 Westhampton Beach, NY 11978 CONTACT: Seth Allan TELEPHONE: (631) 288-5100 FAX: (631) 288-5161 E-MAIL: Seth@ca-inc.net; info@ca-inc.net ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 VENDOR NAME: Chesterfield Associates, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: not applicable If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached F] I certify that I can supply insurance as specified if awarded the bid Q Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQU L FY BIDDER, ia AUTHORIZED 91GNATURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The prices) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any fire or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this.or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firni or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. Thep s i t bid,under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Positio Seth Allan,Vice President July 13 DAY OF 20 22 Type Name&Company Position Chesterfield Associates, Inc. *.h Company Name NOTARY PUBLIC 7/13/2022 JANETA. DIO CEDE Date Signed NotaryPublic,State of New York Reg.No.01 D1 6077055 11-2467864 Qualified in Suffolk County ` 9n Federal I.D.Number Commission Expires ExOrc+c.11,1v 1.9111!� Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold VENDOR NAME: Chesterfield Associates, Inc. VENDOR ADDRESS: P.O. Box 1229 Westhampton Beach, NY 11978 TELEPHONE NUMBER: (631)288-5100 FAX: (631)288-5161 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If ,the bidder is an individual, the bid.must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated N/A Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment,supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased, the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being furnished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One(1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4)day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Barge Mounted 15 Ton Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 1 Capacity Clamshell Bucket for Two Thousand, Eight Hundred Fifteen and Zero /DAY(8 HOURS) $ 2,815 00 Dollars Cents PER DAY Furnishing Tow Boat 2 for Two Thousand, Two Hundred Eighty and Zero /DAY(8 HOURS) $ 2,280 00 Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 3 Capacity Clamshell Bucket for Two Thousand, One Hundred Twenty Five and Zero /DAY(8 HOURS) $ 2,125 00 Dollars Cents PER DAY Furnishing Track Loader with Bucket-9,000 lbs 4 for Two Thousand, One Hundred and Zero /DAY(8 HOURS) $ 2,100 00 Dollars Cents PER DAY Furnishing Dozer with Blade-13,000 lbs NO BID N/A 5 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C.Y.Capacity Bucket 6 for Two Thousand, Three Hundred Twenty Five and Zero /DAY(8 HOURS) $ 2,325 00 Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C.Y.Capacity Bucket 7 for Two Thousand, Four Hundred Fifty Five and Zero /DAY(8 HOURS) $ 2,455 00 Dollars Cents PER DAY Furnishing Excavator with 1-1/2 C.Y.Capacity Bucket 8 for Two Thousand, Six Hundred Ten and Zero /DAY(8 HOURS) $ 2,610 00 Dollars Cents PER DAY Furnishing 20 Ton Crawler Crane with 3/4 C.Y.Capacity Dragline Bucket or 3/4 C.Y. 9 Capacity Clamshell Bucket for Two Thousand, Five Hundred Ten and Zero /DAY(8 HOURS) $ 2,510 00 Dollars Cents PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredning and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Long Reach Excavator 10 for Two Thousand, Six Hundred Ten and Zero /DAY(8 HOURS) $ 2,610 00 Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for Two Thousand, Three Hundred Forty Five and Zero /DAY(8 HOURS) $ 2,345 00 Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 for Two Thousand, Four Hundred Forty and Zero /DAY(8 HOURS) $ 2,440 00 Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket NO BID N/A 13 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for One Thousand, Eight Hundred Ten and Zero /DAY(8 HOURS) $ 1,810 00 Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck 15 for Two Thousand, Nine Hundred Eighty Five and Zero /DAY(8 HOURS) $ 2,985 00 Dollars Cents PER DAY Proposal Package 10 of 11 AUTHORIZED SIGNATURE V11 b PRINT NAME Seth Allan TITLE Vice President DATE 7/13/2022 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss:: On the 13th .day of July in the year 2022 before me, the undersigned, personally appeared, Seth Allan ,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. 4MY PUBLIC JANETA.DIOMEDE Notary Public,State of New York Reg.No.01D16077055 Qualified in Suffolk County Cn--ISsion Expires Expires July 1,20?i& Proposal Package 11 of 11 esterfield Contractors & Engineers ssociates Since 1968 P.O. Box 1229 • Westhampton Beach,NY 11978 Inc. phone:631-288-5100 • fax: 631-288-5161 E-mail:info@ca-inc.net www.ca-inc.net OFFICERS/SHAREHOLDERS The following is a list of officers of Chesterfield Associates, Inc. with their home addresses: President, Edwin Davies Allan 123 West Shore Road, Westport Island,Maine 04578 Vice President, Seth Davies Allan 56 South Country Road,Westhampton Beach,NY 11978 Vice President, Alexander Thomas Allan 49 Seashore Avenue,East Quogue,NY 11942 Vice President, JeanMarie LaVallee P.O. Box 1221,Jamesport,NY 11947 Secretary/Treasurer, Jeffrey Ernest Grube 136 Dahlia Drive, Mastic Beach,NY 11951 New England Division: 123 West Shore Road•Westport Island, Maine 04578• phone: 207-882-5400•fax: 207-882-9308 VENDOR NAME: •� • 5� o`er CONS+�G�- �N�, L�-d. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. v PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 1\ - bblt)(8t -j OR SOCIAL SECURITY#: DATE OF ORGANIZATION: J G IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: T) .F • Jx iz)ta Co T,�A f C�C--�y z - LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) &e_c)r c\2 \-\2-\ N,)\e--\ cy \00 I LIST OFFICERS AND DIRECTORS: NAME TITLE C��oraQ \-\2\IV\2� N --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: \rL!)O �ra� oN Quo cid CONTACT: C GN \--\2 N\Q TELEPHONE: gZLA- FAX: LD t>\- CQ-LA '�1 E-MAIL: b e a N ® 0, kA-c\ ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 VENDORNAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this .project and have been advised .by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The son signi this bid,under the penalties of perjury, affirms the truth thereof. i C Q i(e5i 621 SWORN TO BEFORE ME THIS Signature&Company Position \J �DAY OF 2022 Type Name&Company Position .';:�.S,s O t-3p— C Q tv-�C C,CA-\'V Company Name `J C MICHAEL STEPH77NF NOTARY PUBLIC,STATDate Signed Registration No.01Qualified in Suffo�v �� Commission Expires Federal I.D.Number Proposal Package 6 of 11 , THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and. Other Services within the Town of Southold VENDOR NAME: N). a Na coN-\ C Ca C.N\cv c� , l_ C�' . VENDOR ADDRESS: TELEPHONE NUMBER: Wb\" ILA bc)Q) FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an .individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) NIS The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below):. Addendum No. Dated NIS Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased,the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being furnished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One(1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4) day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 e Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold i Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Barge Mounted 15 Ton Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 1 Capacity Clamshell Bucket \ for b ( ) - ,, & /DAY 8 HOURS $ \ y Dollars Cents PER DAY Furnishing Tow Boat 2 .�. for \vim `J /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. n 3 Capacity Clamshhelll Bucket . for d /DAY(8 HOURS) $ N.Dollars Cents PER DAY Furnishing Track Loader with Bucket-9,000 lbs 4 60 forONL' �OIYJC.`N6 C),X �VN(��C�(� S�K�H C 0k0\ raj /DAY(8 HOURS) $I I� Dollars Z 2✓O Cents PER DAY Furnishing Dozer with Blade-13,000 lbs 5 for TWO kYlO`l5CI-J dt7�\C�zj Z2i� CQ��S /DAY(8HOURS) $ . 00 Dollars Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C.Y.Capacity Bucket 6 - � I for N� \.�\ G\ /DAY(8 HOURS) $Il\VI Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C.Y.Capacity Bucket 7 for vD G\ /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Excavator with 1-1/2 C.Y.Capacity Bucket 1 8 for ��A1 ��� 5 Ce(\-'t5DAY(8 HOURS) $ A Dollars Cents PER DAY * Furnishing 20 Ton Crawler Crane with 3/4 C.Y.Capacity Dragline Bucket or 3/4 C.Y. 9 Capacity Clamshell Bucket Afor N� �\ /DAY(8 HOURS) $ Dollars Cents PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Long Reach Excavator 10 for "� 8 /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for \vy � � /DAY(8 HOURS) $ �\ Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket 13 for `WO �t�10`1`JC��vG GOUT \AUNdk(ed 'Wkcy-s /DAY(8HOURS) $ 24M, W Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for Q1-4p-4yoQ, a)ewd 1�OU f \-\UNC\,r26 ��G� y ��1\��/DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck 15 9D,\ for N C) G\ /DAY(8 HOURS) $ Dollars Cents PER DAY Proposal Package 10 of 11 AUTHORIZED SIGNATURE PRINT NAME TITLE A\ CQ \ t c 5, C\Q cA DATE 1 Z�— ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ss.: On the \0h day of Jy y in the year 2022 before me, the undersigned, personally appeared, 'br\aN 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. MICHAEL STEPHEN ARDITII , NOTARY PUBLIC,STATE OF NEW YORK Registration No.01AR6220996 NOTARY PUBLIC Qualified in Suffolk County Commission Expires April 26,20 2-(0 Proposal Package 11 of 11 Y VENDOR NAME: Latham Sand & Gravel, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. x PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11 -2 5 0 3 7 4 4 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: Latham Sand & Gravel, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) C. Terry Latham John D. Hocker Marion G. Latham LIST OFFICERS AND DIRECTORS: NAME TITLE C. Terry Latham President Marion G. Latham CFO John D. Hocker Vice President --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDORNAME: Latham Sand & Gravel, Inc. ADDRESS: n_n_ Rnx i;nR Peconic, NY 11958 CONTACT: John Hocker TELEPHONE: 631 -734-6800 FAX: 631-734-2318 E-MAIL:—lath ravel@yahoo.cam ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX; CONTACT: E-MAIL: Proposal Package 4 of 11 VENDOR NAME: Latham Sand & Gravel, INc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows-please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid 0 Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCESHAL DISQUALIFY BIDDER. AUTRORTZED SIGNATURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s),nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or:.other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this .project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The ers n siing thisd,under the penalties of perjury, affirms the truth thereof. '6( " V<e, SWORN TO BEFORE ME THIS S' ature&Company Position John D. Hocker, Vice President 1 1,� DAYOF —T")t'/ �0Qa Type Name&Company Position I Latham Sand & Gravel, Inc® I Company Name 7/ NO Y PUBLIC 7/13/2022 Regina L.Cartselos Date Signed Notary Public-State of Newyork No.oiCA6�g8go8 11-2503744 Qualified in Suffolk County Federal I.D.Number My Commission Expires January g,202 Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold VENDORNAME: Latham Sand & Gravel, INc. P.O. $ox 608 VENDOR ADDRESS: Peconic, NY 11958 TELEPHONE NUMBER: 631 -734-6800 FAX: 631—734-2318 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note_ In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated I Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased,the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being famished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One(1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4) day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for:.Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Barge Mounted 15 Ton Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 1 Capacity Clamshell Bucket forThree tbousmid nim hatted gbdy CbUar5 /DAY(8 HOURS) $^F Dollars Cents PER DAY Furnishing Tow Boat 2 for Wo t}nrom cm hrrbmd bAEb, U.-im /DAY(8 HOURS) $ 2120 Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 3 Capacity Clamshell Bucket for 50 dnSEDd five hz&ed /DAY(8 HOURS) $ 2,520 Dollars Cents PER DAY Furnishing Track Loader with Bucket-9,000 lbs 4 for Cm tuzand Six hrCEd fwty dol I /DAY(8 HOURS) $ 1/ Dollars Cents PER DAY Furnishing Dozer with Blade-13,000 lbs 5 IW Bidfor /DAY(8 HOURS) $ No Bll3 Dollars Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C.Y.Capacity Bucket 6 for 039 thcumad e1Cl*-hurilted fmty dol]cim- /DAY(8 HOURS) $ 1 F840 Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C.Y.Capacity Bucket 7 for CM tumP)d nim h sixty dollars /DAY(8 HOURS) $1 i9W Dollars Cents PER DAY Furnishing Excavator with 1-1/2 C.Y.Capacity Bucket 8 forte brMard X-AM h=dred SLA-Y dalars /DAY(8 HOURS) $11960 Dollars Cents PER DAY P Furnishing 20 Ton Crawler Crane with 3/4 C.Y.Capacity Dragline Bucket or 3/4 C.Y. 9 Capacity Clamshell Bucket for Wo thaisard SevErl bLrIdLed sixty dolhas /DAY(8 HOURS) $21760 Dollars Cents I PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Long Reach Excavator 10 for ND Bid /DAY(8 HOURS) $M Bid Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for Q'1-- bumand eLcjht hx&ed E!ighty dbU= /DAY(8 HOURS) $i rm Dollars ' Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 for M Bid /DAY(8 HOURS) $lib Bid Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket 13 for ISD Bid /DAY(8 HOURS) $ND Bid Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for Ole thaisard fox bxxkiBd eighty dil I /DAY(8 HOURS) $ 1,r4W Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck 15 for Two ibwswd elt bmJLed eighty cb11 /DAY(8 HOURS) $ 2rm Dollars Cents I PER DAY Proposal Package 10 of 11 AUTHORIZED SIGNATURE s PRINT NAME John Hocker TITLE Vice President DATE 7/13/2022 ACKNOWLEDGMENT STATE OF NEW YORK,COUNTY OF p ss.: On the,1�day of in the year 2022 before me, the undersigned, personally appeared, —56 y7 zjxal ,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. Regina L.Cartselos Notary Public-State of New York No.oiCA61989o8 M2&GbL �D. Qualified in Suffolk County AO VRY PUBLIC i,7v Commission Expires January 5,2=r Proposal Package 11 of 11 VENDOR NAME: (' `Mak ro,so_ Coy\N-r-cL ' v1.5 Cort VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: b f Z�W� OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: 03 40-7 116 If a non-publicly owned Corporation: CORPORATION NAME: NM0 r'o,S-a_ Gvr`.'r..C--t" CO r$ LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) fir- c_ Nle IrbSe_ LIST OFFICERS AND DIRECTORS: MNAME TITLE --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 , 1 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: MQA ro S'Q- Gov��r r0.��- v`g Co r� ADDRESS: 50 C R.C:�6 w\�50 CONTACT: a-r-ti c-, Mei ro 5A— TELEPHONE: E-MAIL: Qi r i c— ONLY if different - MAIL PURCHASE ORDER TO:n ADDRESS: �l. 0 - &rq�o TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT O TO:� (� ADDRESS: f ,� r &70y TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 VENDOR NAME: �ra ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows-please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as ecified if awarded the bid ❑ Insurance Certificate filed on ATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHA L DI ALIFY BI ER. AUTHORIZED SIGNATURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this .project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid,u er the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company n Uric- 1/y, tee tr 6 A46L Type Name&Company PositCompany Name 7 // Z?�, SHARON ANN NATALIE ABRAMSI<I Date Signed NOTARY PUBLIC-STATE OF NEW YORK No. OIAB4888080 Federal l.D.Number Qualified in Nassau County My comti � 2P ��1�roposal �acaage6o THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold VENDOR NAME: lY}�i�C S� t�'i-r°` ` °) C—o r f VENDOR ADDRESS: 50, R-abLAISOM ZOO,& TELEPHONE NUMBER: �( 31 - 't-7-7 - I FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Af Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased,the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being furnished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One (1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4) day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Barge Mounted 15 Ton Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 1 Capacity Clamshell Bucket p for «Q.'1ti►o�Su�B.�.J�.y1Jv�tkee�-*.Ykyje x 149/00'S /DAY(8 HOURS) $ 3,S(D C) / Dollars Cents PER DAY Furnishing Tow Boat 2 / for TW o -VA0V,5,JN&m/t?i V%4V%ArVAa+ p0/DAY(8 HOURS) $al 1 6% Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 3 Capacity Clamshell Bucket p q for�N1L')1VI0jSo►>� nines �� +T'� (nl(nom ��' " �, DAY(8HOURS) $ `I y 1 SO Dollars Cents PER DAY Furnishing Track Loader with Bucket-9,000 lbs 4 9 for0AQ, AiloJ�ana QAnk+1NVr4rel4-PJsg��1'�/ AIVVe ��AY(8 HOURS) $ 11 SX074 Dollars tents PER DAY Furnishing Dozer with Blade-13,000 lbs 5 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C.Y.Capacity Bucket 6 B 3� �,p'S for0f112 �JS&,KK ,Q.1MIA 1' ,)VV1C'eA 4" }'Wea%f �"IDAY(8 HOURS) $ )1-51 a 3� Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C.Y.Capacity Bucket Ad ,�a &�� o l� for /DAY(8 HOURS) $ Dollars Cents PER DAY 3� Furnishing Excavator with 4-4;Q C.Y.Capacity Bucket 8 7� for�7/�o� Q/l �' 1^V1M1dCa.eA `1' �tY?i O�/DAY(8 HOURS) 06-1 d Dollars Cents PER DAY 35 1 Furnishing RQ-Ton Crawler Crane with 2W*C.Y.Capacity Dragline Bucket or 8MIC.Y. 9 Capacity Clamshell Bucket Sal l for kyc �oi5w^,. ��1�QiQ��JkLdl `4-513A1 y r"V4L 1197J DAY(8 HOURS) $ " 1 Dollars Cents PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Long Reach Excavator 10 1 ` ,� �j� for-1-hre&- �o J1aw& .Si lC hV+tidc` �o'' a d� /DAY(8 HOURS) $ ,� 00 o O Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 i for"}qJ0 Akl III" �/10DOAY(8 HOURS) $ 4i<4� l Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 O � i for �,�k /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket �f 13 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for+(J. *0JSF.r►& -W%C4 VVr,"- rm Qk �k-�" '�AY(8 HOURS) $ Gi Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck 9� 15 ��5 p / fore/ 1'tVjS%4 r hV4C9A Si►nQ.��/ r /DAY(8HOURS) $ '3��� b Dollars Cents PER DAY Proposal Package 10 of 11 6 7 AUTHORIZED SIGNATURE PRINT NAME Er I r W &I TITLE CA,,% E- DATE //--5 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF VJa s s 4 4 ) ss.: On the 13 K`day of -1 "A in the year 2022 before me, the undersigned, personally appeared, FF n c W . 1ul t v® a -r- ,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. t NOTARY PUBLI SHARON ANN NATALIE ABRAMSKI NOTARY PUBLIC-STATE OF NEW YORK No. OIAB4888080 Qualified in Nassau County My cartlhil9�w �#RIP@§ Mqy ®§, "43 Proposal Package 11 of 11 4 vi esterfield �� ���� Contractors & Engineers ssociates SInoe IW8 RC. Box 1229 • Westhampton Beach,NY 11978 Inc. J U L - 1 2022 p one:631-288-5100 • fax: 631-288-5161 E-mail:Info@ca-inc.net www.ca-inc.net Southold Town Clerk y June 27, 2022 NY Tax ID No. 11-2467864 Town of Southold Town Clerk's Office 53095 Main Road Southold,NY 11971 Re: Furnish Heavy Equipment with Operator in Connection With Dredging& Other Services within the-Town of Southold Bid Date: 7/14/2022 To Whom It May Concern: We are requesting (1) set of bid documents for the above project. Enclosed please find our Company Check#45490 in the amount of$5.00 as is required. Please utilize our FedEx Account#101120813 to ship the bid documents to the below address Chesterfield Associates, Inc. 56 South Country Road Westhampton Beach,NY 11978 (631) 288-5100 phone (631) 288-5161 fax If you have any questions,please feel free to contact our office. Thank you. Janet Diomede Ekecutive Adininistrator Enclosure - check New England Division: 123 West Shore Road•Westport Island, Maine 04578 0 phone: 207-882-5400•fax: 207-882-9308 _TO" OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 i INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT i AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY EQUIPMENT WITH OPERA'T'OR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 30, 2022 PLACE OF OPENIDATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 14,2022 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins,P.E. Town of Southold, 631-765-1560 I i VENDORS MT SUBMIT BIDS IN�I D ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 2)BID E&ADDRESS OF BIDDER It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions,which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. I The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order,cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. i i r Town of Southold P.O Box 1179 Southold, NY A1971 * * * RECEIPT * * * Date: 07/02/22 Receipt#: 302730 Quantity Transactions Reference Subtotal 1 Postage 2 $5.00 Total Paid: $5.00 Notes: Payment Type Amount Paid By CK#45490 $5.00 Chesterfield, Associates Inc. Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Chesterfield, Associates Inc. 56 South Country Road Westhampton Beach, NY 11978 Clerk ID: DENISN Internal ID:2 f 8b6fOea3-2c2c-4ab5-a2ec-a6cd040caed0 lynda.rudder@town.southo Id,ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: June 30,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Ellot T.Putnam Printed Name Subscribed and sworn to before me, This 30 day of June 2022 Notary Signa t e OMEW YORK ' NOTAIL Notary Public Stamp + ALBANY n'. 01RE6>9s4,u off' p�. SOUTHOLD TOWN CLERK 1 1 1 I 1 8b6fOea3-2c2c-4ab5-a2ec-a6cd040caed0 lynda.rudder@town.southoId.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed proposals are sought and requested for the following; ! i "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 30, 2022 PLACE OF OPENING: Southold Town Clerks Office 3095 Main Road Southold, Ny 11971 DATE/TIME OF OPENING: July14,2022 2:00pm CONTACT PERSON: Michael Collins,P,E, Town of Southold,631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1) NAME&ADDRESS OF BIDDER 2) BID NAME ; It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders,and General Conditions, i which outline bidding rules of the Town of Southold. Upon ! submission of bid,It is understood that the bidder has read,fully .understands and will comply with � SOUTHOLD TOWN CLERK 2 j I I i 3 8b6f0ea3-2c2c-4ab5-a2ec-a6cd040caed0 lynda.rudder@town.southold,ny.us AFFIDAVIT OF PUBLICATION i The Suffolk.Times said GENERAL CONDITIONS and specification requirements, The Town of Southold requires that this document be returned intact and that it be filled out completely. i Please do not remove any pages from this bid package,and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order,cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Dated:June 7,2022 Denis Noncarrow,Town Clerk I i I SOUTHOLD TOWN CLERK 3 i i i i TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD SOUTHOLD, SUFFOLK COUNTY,NEW YORK TFOZ _ n 3 i Prepared By TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 June 30,2022 (631) 765-1560 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 30, 2022 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 14, 2022 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins,P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME&ADDRESS OF BIDDER 2)BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders IB-1 thru IB-5 Standard Insurance Requirements SIR 1 thru SIR 3 Proposal Form Package Pages 1 — 11 INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Rejection of Bids 4. Bidders Responsibility 5. Bid Reservations 6. Non-Collusive Statement 7. Addenda and Interpretations 8. Method of Award 9. Single Price Bid Analysis 10. Municipal Exempt Status 11. Labor Law 12. Wage Rates 13. Insurance Required by the Town of Southold 14. Quantities IB- 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services Within the Town of Southold, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, July 141n, 2022,at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.Faxed bids will not be accepted. 2.FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b)The TOWN BOARD reserves the right to reject any and all bids,in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. IB -2 INSTRUCTIONS TO BIDDERS 4. BIDDERS RESPONSIBILITY (a)Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work,proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d)Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (1)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 5.BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 6.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, IB -3 INSTRUCTIONS TO BIDDERS consultation, communication,.or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 7. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 8. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 9.SINGLE PRICE BID ANALYSIS . In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 10.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 11. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 12. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after IB -4 INSTRUCTIONS TO BIDDERS issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 13. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance,as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 14. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB -5 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars)on account of all accidents(general aggregate). EXCESSIUMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract,a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR-2 STANDARD INSURANCE REQUIREMENTS Description'af operations/locationslete Box must include°the stafein' "THE TOWN OF SOUTHOLD IS LISTED AS,ADDITIONAL INSURED" . ; __ CRTTEICATE°HQLDER SHALL BE LISTED .......... .. TO'WN OF::�OUTIpLD 3 53095 WU-1N..ROAD OUTHOLDt IVY 1 X971 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR- 3 Town of Southold "Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold" PROPOSAL PACKAGE BID OPENS: July 14, 2022 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 11 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ As per specifications,the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10)business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. Proposal Package 2 of 11 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE --=------------------------------------------------------------------------------ If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached ❑ I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this .project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid,under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D.Number Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an .individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased,the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being furnished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One (1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4) day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for:,Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Barge Mounted 15 Ton Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 1 Capacity Clamshell Bucket for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Tow Boat 2 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 3 Capacity Clamshell Bucket for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Track Loader with Bucket-9,000 lbs 4 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Dozer with Blade-13,000 lbs 5 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C.Y.Capacity Bucket 6 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C.Y.Capacity Bucket 7 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Excavator with 1-1/2 C.Y.Capacity Bucket 8 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing 20 Ton Crawler Crane with 3/4 C.Y.Capacity Dragline Bucket or 3/4 C.Y. 9 Capacity Clamshell Bucket for /DAY(8 HOURS) $ Dollars Cents I PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Long Reach Excavator 1.0 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket 13 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for /DAY(8 HOURS) $ Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck 15 for /DAY(8 HOURS) $ Dollars Cents PER DAY Proposal Package 10 of 11 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2022 before me, the undersigned, personally appeared, , 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. NOTARY PUBLIC Proposal Package 11 of 11 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 30, 2022 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 14,2022 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME & ADDRESS OF BIDDER 2) BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 23rd day of June , 2022, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . Bid for Heavy Equipment and Operator Denis Noncarrow Southold Town Clerk Sworn before me this 23rd day of J 12022. Notary Public LYNDA M. RUDDER Notary Nob1New York 01 RU6020932 Qualified in Suffolk county Commission Expires March a,20IJ10 -- -- --- ----- -- - - - - - - 3 Times Review Media Group Invoice#: 8b6fOea3 The Suffolk Times Date: 06/23/2022 Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@ town.southold.ny.us i Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. l 4-Description, < Publish Date Amount' x s PUBLIC 06/30/2022 $51.98 i Affidavit(eMail) 1 $25.00 f Affidavit(Mail) 0 $0.00 1 1 i Total: $76.98 Please remit checks payable to: balance: $76.98 Tines Review Media Group i PO Box 1500 i Mattituck, NY 11952 The invoice number MUST be included on your check to.ensure that your payment is applied correctly. i 3 INVITATION TO BID .NOTICE IS HEREBY GIVEN that sealed proposals are sought and requested for the following: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 30, 2022 PLACE OF OPENING: Southold Town Clerks Office 3095 Main Road Southold, Ny 11971 DATE/TIME OF OPENING: July14,2022 2:00pm CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1) NAME&ADDRESS OF BIDDER 2) BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read,fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Dated:June 7,2022 3a138474-12bc-43c8-9798-8777cfd301a8 lynda.rudder@town.southold.ny.us j AFFIDAVIT OF PUBLICATION The Suffolk Times i State of New York, County of,Suffolk, I The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: June 09,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 09 day of June 2022 �Gt Notary Signature _ ,,,,1 ,,,,,nrrrapgaa,,, Cjv,AS W , .' STAfE OF NEW YOPM" NOTARY PUBLIC: z Notary Public Stamp d ALHANY �, e r n 0IRE6398443 p ION EYyx"� NaauwN � I SOUTHOLD TOWN CLERK 1 i i i i 3 a 13 8474-12 bc-43c8-9798-8777cfd 301a 8 lynda.rudder@town.south old.ny.us AFFIDAVIT OF PUBLICATION r The Suffolk Times TOWN OF SOUTHOLD INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning lune 9, 2022 PLACE OF OPENINGS: SOUTHOLD TOWN CLERK 53095 MAIN ROAD SOUTHOLD, NY 11971 DATE/TIME OF OPENINGS June 23,2022 @ 2:0013M CONTACT PERSON: Michael Collins,P.E. 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE 1) NAME &ADDRESS OF BIDDER 2) BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders,and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the.bidder has read,fully understands and will comply with i SOUTHOLD TOWN CLERK 2 i 3a 138474-12 bc-43c8-9798-8777cfd3 01a 8 lynda.rudder@town.southo Id.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times said GENERAL CONDITIONS and specification requirements. ' The Town of Southold requires that this document be returned intact and that it be filled out completely. i Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Dated: May 24, 2022 DENIS NONCARROW SOUTHOLD TOWN CLERK i I s SOUTHOLD TOWN CLERK 3 I I TOWN OF SOUTHOLD INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 9, 2022 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD June 23,2022 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME&ADDRESS OF BIDDER 2) BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of $5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Dated: May 24, 2022 DENIS NONCARROW SOUTHOLD TOWN CLERK Southold Town Board - Letter Board Meeting of May 24, 2022 srcr RESOLUTION 2022-459 Item# 5.41 y3p °'E ADOPTED DOC ID: 18128 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2022-459 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 2452022: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for Heavy Equipment with Operator for 2022. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] 'MOVER: Sarah E.Nappa, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski,Mealy, Doherty, Evans, Russell Generated May 25, 2022 Page 58 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 1st day of June , 2022, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtovmny.gov . 2022 Bid Heavy Equip & Operator Denis Noncarrow Southold Town Clerk Sworn before me this 111 day of June , 2022. ./Notary Public LYNDA M. RUDDER Notary Public,state of New York No.01 RU6020932 Qualified in Suffolk County commission Expires March 8,20-93 i Times Review Media Group Invoice #: 3a138474 The Suffolk Times Date: 06/03/2022 f x k i Bill To Customer Email SOUTHOLD TOWN CLERIC lynda.rudder@town.southold.ny.us E 4 Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. j Description _ _..._ :-MPubliish:®ate Arnognt PUBLIC 06/09/2022 $52.42 I E E � Affidavit(eMail) 1 $25.00 s Affidavit(Mail) 0 $0.00 Total: $77.42 # Please remit checks payable to: Balance: $77.42 Times Review Media Group PO Box 1500 Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment is { applied correctly. TOWN OF SOUTHOLD INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHI AND REQUESTED FOR THE FOLLOWING: "FURNISH HEAVY EQUIPMENT WITI OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD' Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 9, 2022 PLACE OF OPENINGS: SOUTHOLD TOWN CLERK 53095 MAIN ROAD SOUTHOLD, NY 11971 DATE/TIME OF OPENINGS June 23,2022 @ 2:OOPM CONTACT PERSON: Michael Collins, P.E. 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE 1)NAME&ADDRESS OF BIDDER 2)BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read,fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package,and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order,cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Dated: May 24,2022 DENIS NONCARROW SOUTHOLD TOWN CLERK