HomeMy WebLinkAboutPeconic Community Center RenovationsRESOLUTION 2010-445
ADOPTED
DOC ID: 5988
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-445 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 15, 2010:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement with Construction Consultants/L.I. in
connection with the renovations to the Peconic Community Center in the amount of $409,500, all
in accordance with the plans and specifications prepared by L.K. McLean, P.C. and the approval
of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Vincem Orlando, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell
07/06/2010 22:32 6317659815 PUBLIC:WORKS PAGE 83/03
ORIGINAL
AGREEMENT
'D-lIS AGREEMENT, entered into this 16th day of June, 2010, by and between the Town of
Southold, New York ("the Town"), a municipal corporation organized and existing trader the laws of
the State of New York with offices at 53095 Main Road, Southold, New York, and Construction
CoJ~su/tants/L.I., (the "Contractor"), with an address of 36 East 2na Street, Riverhead, NY 11901;
W[TNESSETH, that the Town and the Contractor for the consideration hereinafter named
agree as follows:
ARTICLE l. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall perform the following: At the Peconic Community Center (A/K/A
Peconic School) 1170 P¢con/c Lane, Peconie, NY 11958. Install Water Service, HVAC, Electrical
Selwice and Mechanical Power,
The above mentioned shall be peffo~ned in accordance with attached plans entitled
"Recreation Canter Improvements", prepared by L.K. McLean Associates, P.C., dated March 2007
and amended by Value Engineering changes, dated October 1, 2009 a copy of both is attached hereto
and made a part hereof.
ARTICLE 2. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed no later than February 15,
201. 1. Time ofperibrmance is of the essence of this Agreement.
ARTICLE 3. ACCBPTANCB AND FINAL PA'LMENT
The Contractor to submit monthly vouchers for completed work. The Town shall make
payments within thirty (30) days of receipt of voucher. Retalnage paid to the Town will be five
perceot (5%) of the total per voucher.
'Upon receipt of written notice that the Contract has been fully performed and an i~spection by
the Town Engi~eer to certify that the work has been completed to the satisfaction of the Town, the
Contractor shall file with the Town Comptroller an itemized voucher and the Town w/Il pay the
Contractor the balance due plus retainage due as determined by the Town for a total of $409,500.
ARTICLE 4. CONTRACTOR'S INSURANCE
The Contractor shall not commence work raider this Contract until it has obtained all insurance
required under this paragraph and such insurance has been approved by the Town.
(a) Compensation Insurance: The Cont~ractor shall take out and maintain durhlg the life of
this Contract Workers' Compensation Insurance for its employees to be assigaed to the work
heremider.
(b) Imm-,'mce: The Contractor shall take out mid maintain during the life of this Contract such
general liability property damage, and commercial auto .liability insurance as shall protect it fi'om
General liability insurance in an amount not less than $1,000,000 for injuries, including
wrongful death to any one person and subject to the same limit for each person, in an amount not less
than $2,000,000 on account of any one occurrence.
Property damage insurance in an amount not less than $300,000 for damage on account of all
occurrences.
Commercial auto liability insurance in an amount not less than $500,000 for damage on
account of all occurrences.
The Contractor shall furnish the above insurances to the Town and shall also name the Town as
an additional named insured in said policies.
(c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not
later than twenty-four (24) hours from the time of such accident. A detailed written report must be
submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of
such accident.
ARTICLE 5. BONDS
Prior to the execution of this Agreement, the Contractor shall furnish to the Town a
Performance Bond wherein the named oblige is the Town. The performance bond's purpose is to
secure the faithful performance of the agreement. The Performance Bond amount shall be $409,500.
The bond shall be executed by a surety company approved by the Town, authorized to do business in
the State of New York and with an office or representative in Suffolk County, New York. The form
shall be acceptable to the Town and shall have a term through the completion of services.
As an alternative to the Performance Bond, the Contractor may furnish a certified check, bank
draft, money order, or a standard form irrevocable letter of credit. Certified check, bank draft or
money order must be made payable to the order of the Town. The standard form irrevocable letter of
credit shall be in a form acceptable to the Town.
In the event the Contractor secures a Performance Bond from any of its subcontractors, said
bond shall also name the Town as a dual oblige.
In the event the Contractor fails to perform its obligations under this Agreement, the Town may
terminate such agreement, and the Town may procure the services from other sources and hold the
Contractor responsible for any excess costs incurred and deduct from payments owing to the
Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess
costs.
ARTICLE 6. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform the
type of work or to furnish mechanical maintenance dredging to be furnished by it; and
(b) That it is familiar with all federal, state, municipal and department laws, ordinances and
regulations which may in any way affect the work or those employed therein.
(c) That it is certified and licensed to perform the work described in the Bid Specifications.
The Contractor shall provide proof of Certification with the Town Clerk prior to commencement of
the project.
(d) That the Contractor shall also provide the name of the certified testing laboratory to the
Town Clerk prior the commencement of the work.
(e) That the Contractor shall meet all OSHA and Department of Labor requirements
ARTICLE 7. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the
services furnished under this Agreement.
ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMiNATE CONTRACT
The Town shall have the right to stop work or terminate the Contract if:
The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors;
(a)
(b) A receiver or liquidator is appointed for the Contractor or for any of its property and is
not dismissed within 20 days after such appointment or the proceedings in connection therewith are
not stayed on appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence; or
(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or
(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or
(f) The Contractor is guilty of a substantial violation of any provision of this Contract;
(g) The Town's execution and participation in this contract is found to be in violation of an
existing collective bargaining agreement.
(h) In any event, the Town, without prejudice to any other rights or remedy it may have,
may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment
of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be
entitled to receive any further payment beyond what owed in quantum meruit.
ARTICLE 9. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be
performed by it under this Contract shall be that of an independent contractor. As an independent
contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in
or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents,
or employees have been negligent. The Contractor shall hold and keep the Town free and discharged
of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume
all responsibility for risks or casualties of every description, for loss or injury to persons or property
arising out of the nature of the work, from the action of the elements, or from any unforeseen or
unusual difficulty. The Contractor shall make good any damages that may occur in consequence of
the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any
nature by reason of neglect or violation of any federal, state, county or local laws, regulations or
ordinances.
ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Contractor agrees to indemnify and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents and/or employees arising
from the negligence, active or passive, of the Contractor and from and against any damages, claims,
or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the
Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out
of claims or actions by third parties against Contractor by virtue of his performance of this
Agreement.
ARTICLE 1 I. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law, the Contractor
is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 12. REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to have been inserted herein. If any such provision is not inserted, through mistake or
otherwise, then upon the application of either party, this Contract shall be physically amended
forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply
with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law
relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law,
hereby agree that there shall be paid each employee engaged in work under this Contract not less than
the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as
listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and
supplements established as the prevailing rate of wages for the work covered by this Contract.
(b) Labor classifications not appearing on the schedule of wages can be used only with the
consent of the Owner and then the rate to be paid will be given by the Owner after being advised by
the Department of Labor.
(c) The Contractor shall post in a prominent and accessible place on the site of the work a
legible statement of all wage rates and supplements, as specified in the Contract, for the various
classes of mechanics, workingmen/women, or laborers employed on the work.
ARTICLE 14. ARBITRATION
Should any dispute arise between the Town and the Contractor regarding the manner or
sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in
accordance with the laws of the State of New York. There shall be three arbitrators, one of whom
shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the
selection of any arbitrator is not made within fifteen (15) days of the time that either party has
notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not
selected shall be appointed in the manner provided by the laws of the State of New York. The work
shall not be interrupted or delayed pending such decision.
ARTICLE 15.
AUTHORITY FOR EXECUTION ON BEHALF OF THE
TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town
Board of the Town of Southold, at a meeting thereof held on June 15, 2010. Scott A. Russell,
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
instrument and enter into such an Agreement on behalf of the Town. This instrument shall be
executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the
office of the Town Clerk, Elizabeth Neville.
ARTICLE 16. NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
To Town:
James Richter, RA
Office of the Town Engineer
PO Box 1179
Southold, NY 11971
To Contractor:
Construction Consultants/L.I.
36 East 2nd Street, Riverhead, NY 11901
ARTICLE 17. WAIVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiving said breach. No such waiver shall in any way affect any other term
or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other
breach unless the waiver shall include the same.
ARTICLE 18. MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
ARTICLE 19. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
1N WITNESS WHEREOF, the Town of Southold has caused its corporate seal to be affixed
hereto and these presents to be signed by Scott A. Russell, its Supervisor, duly authorized to do so,
and to be attested to by Elizabeth A. Neville, Town Clerk, and the Contractor has caused its corporate
seal to be affixed hereto and these presents to be signed by its President, the day and year first above
written.
Town of Southold
(Seal of the Town of
Southold)
Attest: By:
El~zzabetlOA. Nevil~, TOwn Cl~rk
By:
Scot~/A. Russell,'Supervisor i
Const~
J~([ Itzkowitz, President
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On this June 45.3 , 2010, before me, the subscriber, personally appeared Scott A. Russell who,
being by me duly sworn, deposes and says: That he is the Supervisor][ of the Town of Southold (the
"Town"), the municipal subdivision of the State of New York named in and which executed the
above and within Instalment; that he knows the seal of said Town and that the seal affixed to said
Instrument is the seal of the Town; that it was so affixed by the order of the Town Board of the
Town, and that he signed his name thereto by like order;
And on the same day before me personally came and appeared Elizabeth A. Neville, Clerk of the
Town of Southold, who, being by me duly sworn, deposes and says: that she is the Clerk of the
Town; that she knows the seal of said Town; that it was affixed to said Instrument is the seal of the
Town; that said Scott A. Russell is the Supervisor of the Town and that the signature on said
instrument is the signature of said Scott A. Russell, as Supervisor.
LINDA J COOPER
NOTARY PUBLIC, State of New York
NO. 01C04822563 Suffo k County
Term Exp res December 31,
~ Notary~ublic
STATE OF NEW YORK:
COUNTY OF SUFFOLK: ss.:
On the 1~/Day of June in the year 2010 before me, the undersigned, a notary public in and for said
state, personally appeared C}~t ~ , personally known to me or proved to
me on the basis of satisfactory evid' -ence to be the'Individual whose name is subscribed to the within
instrument and acknowledged to me that he/she executed the same in his/her capacity and that by
his/her signature on the instrument, the individual or the person upon whose behalf of which the
individual acted, executed the instrument.
Notary Public
SUSAN T. YOUNG
Notary Public, State of New York
01YO6209293
Ouallfied In Suffolk County
Term Expires: 7/27/20,
ORIGINAL
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. BCY 1934020
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
The Hanover Insurance Company
440 Lincoln Street
Worcester, MA 01653
Construction Consultants ILl
36 East 2nd Street
Riverhead, NY 11901
OWNER (Name and Address):
Town of Southold
53095 Main Road
Southold, NY 11971
CONSTRUCTION CONTRACT Date: June 16, 2010
Amount: $409,500.00 Four Hundred Nine Thousand Five Hundred Dollars and 00/100
Description (Name and Location): Install Water Service, HVAC, Electrical Service and Mechanical Power at
the Peconic Community Center (NK/A Peconic School) 1170 Peconic Lane, Peconic, NY 11958
BOND
Date (Not earlier than Construct on Contract Date): June 30, 2010 . ~
Amount: $409,500.00 Four Hundred N ne Thousand Five Hundred Dollars ano u0/100
Modifications to this Bond: [] None [] See Page3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Construction~~~
Signature: y/-,~'- ~ ~
Name and ~ .JO~L ~TT._KO~O ITT-, ~-~t~<S$ I L~ oT
(Any additional signatures appear on page 3)
SURETY
Company: (Corporate Seal)
Name and,.-T-i~o~'Y''1~ Spina
Attorney-in-Fact
(FOR INFORMATION ONLY- Name, Address and Telephone)
AGENT or BROKER:
Mid-Atlantic Surety, LLC
777 Terrace Ave.
Hasbrouck Heights, NJ 07604
201-727-0070
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
AIA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND · DECEMBER 1984 ED. · AIA ®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N,W., WASHINGTON, D.C. 20006 A312-1984 1
THIRD PRINTING · MARCH 1987
4 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators.
successors and assigns to the Owner for the perlormance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs Ihe Conslruction Contracl,
the Surely and the Contractor shall have no obligation
under Ibis Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under Ibis Bond shall arise after:
3.1 The Owner has noliiled the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Suret.y. agree, the Contractor shall be allowed a reason*
able bme to perform the Construction Contract, but
such an agreemenl shall nol waive the Owner's righl, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Delaull and
formally terminated the Contractor's dght to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days alter the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3,3 The Owner has agreed to pay Ihe Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected Io perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied Ihe conditions of Para-
graph 3, the Surety shall p~omptly and at Ihe Surety's ex*
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the ConstruCtion
Contract; or
4.2 Undertaken !o per form and complete Ihe Construc-
lion Contract ilself, through its agenls or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract. arrange for a contract Io be pre.
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
wilh performance and payment bonds executed by a
qualified surely equivalent to the bonds issued on the
Construction Contracl, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess ol the Balance of the Contract Price incurred by the
Owner resullin8 from the Contractor's default; or
4.4 Waive its right to perform and complete, artan§e
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor Io the
Owner; or
.2 Deny liability in whole or tn part and noilly the
Owner citing reasons Iherefor.
S I f the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days aher receipt of an
additional writlen notice from the Ownor to the Surety
demanding Ihat the Surety perform its obligations under
this Bond, and the Owner shall be enlitied to enforce any
remedy available to Ihe Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or Ihe Surely has denied liability, in
whole or in part, withoul further notice the Owner shall be
enlitled to enforce any remedy available to Ihe Owner.
$ Afler the Owner has terminated Ihe Contractor's right
ID complete Ihe Construction Contract, and if the Surely
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibililles of the Surety to the Owner shall
not be 8rearer than those of the Conlractor under
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be 8rearer Ihan Ihose of the
Owner under the Const ruction Contract. To the limit of lhe
amount of this Bond, but subiecl to commitmenl by the
Owner of the Balance of the Conlract Price to mifigalion of
costs and damages on Ihe Construction Contract, the Sure-
ty is obligaled without duplication for:
$.1 The responsibilities of the Contractor for correc-
tion of detective work and completion of the Construc-
lion Contract;
6.2 Additional legal, design prof.e, ssional and delay
costs resulting from the Contractor s Default, and re-
suiting from the actions or failure to act Of Ihe Surety
under Paragraph 4; and
6.:3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated Io Ihe Con-
struction Contract, and Ihe Balance of the Contracl Price
shall not be reduced or set off on account of any such
unrelated obliBations. NO risht of action shall accrue on
this Bond to any person or entity other than Ihe Owner or
ils heirs, executors, administrators or successors.
B The Surety hereby walves notice of any change, includ-
ing changes of time, to the Construction Contract or Io
related subcontracts, purchase orders and other obliga-
tions,
9 Any proceeding, legal or equitable, under this Bond
may be instituled in any court of compelenl jurisdiction in
the locallon in which Ihe work or part of thework is located
and shall be Instituled within two years after Contraclor
Default or wilhin Iwo years after the Conlractor ceased
working or within two years after the Surety refuses or fail~
to perform ils obligations under this Bond, whichever DC
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail-
AIA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND · DECEMBER 1984 ED. · AIA ®
THE AMERICAN INSTR'UTE DF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 2000~ A312-1984 2
THIRD PRINTING · MARCH 1987
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
8ond conflicting with said statutory or legal requirement
shall be deemed deleted herefrem and provisions con-
forming to such statutory or other lega~ requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con-
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement belween
the Owner and the Conlractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contra.ctor,
which has neither been remedied nor waived, to per-
form or othenvise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 · PERFORMANCE BOND AND PAYMENT BOND · DECEMBER 1984 ED. · AIA ®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 3
THIRD PRINTING · MARCH 1987
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSE'I-rs BAY INSURANCE COMPANY,
both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF
AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint
William J. Patarno, John E. True and/or Anthony M. Spina
of Matawan, NJ and each is a true and lawful Attomey(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf,
and as its act and deed any place within the United States, or, if the following line be filled in, only within the ama therein designated
any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows:
Any such obligations in the Urdted States, not to exceed Fifteen Million dollam and Nd/100 ($15,000,000) in any single Instance
and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which
resolutions are still in effect:
"RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and
empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on [ts behalf as Surety any and
all bonds, recognizances, contracts of indemnity, waivers of citation and all other wdtings obligatory in the nature thereof, with power to attach thereto the
seal of the Company. Any such writings so executed by such Attorneys-in-fact shall bo as binding upon the Company as if they had been duly executed
and acknowledged by the regula[ty elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover ffisurance
Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSE'I-rs BAY iNSURANCE COMPANY and CITIZENS
INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice
President and an Assistant Vice President, this t6t~ day of February, 2010.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
Mary J eanne~?~on,.. ~
Robert K, Orennan. Assistan~'~ce President
THE COMMONWEALTH OF MASSACHUSE'I-I'S )
COUNTY OF WORCESTER ) ss.
On this 2gth day of January 2glo., before me came the above named Vice President and Assistant Vice President of The Hanover Insurance
Company, Massachusetts Bay insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and
officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover insurance
Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and
their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations.
Nolary Public
My commission expires on November 3,2011
I, the undersigned Assistant Vice President of The Hanover insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance
Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said
Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance
Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and
executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted
October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 Massachusetts Bay Insurance Company; Adopted September 7, 2001 -
Citizens Insurance Company of America)
--.__.D.
GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this ~(;~)~' ~ay of ~ ,20(.0.
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
Step~ ~ Braul~ ~ista~/ic~ Pre$'~i
. H nove
Insurance Croup
The Hanover Insurance Company 1440 Lincoln Sb'eet, Worcester, MA 01653
CiUzens Insurance Company of America [ 645 West Grand River Avenue, Howell, MI 48843
Financial Statement
The Hanover Insurance Company, Bedford, New Hampshire
FINANCIAL STATEMENT AS OF DECEMBER 31, 2008
ASSETS
Cash in Banks (Including Short-Term Investments) ...................................................................................... $
Bonds and Stocks .....................................................................................................................................................................
Other Admitted Assets ........................................................................................................................................................
Total Admitted Assets ..........................................................................................................................
2008
185~70"946
3,284,254,490
981,445,993
4,451,171,429
LIABILITIES, CAPITAL AND SURPLUS
Reserve for Unearned Premiums ................................................................................................................................ $ 855,011,462
Reserve for Loss and Loss Expense ............................................................................................................................ 1,598,443,164
Reserve for Taxes ..................................................................................................................................................................... 0
Funds held under reinsurance treaties .................................................................................................................... 8,291,579
Reserve for all other Liabilities ....................................................................................................................................... 451,819,320
Capital Stock - $1.00 par ..................................................................... $ 5,000,000
Net Surplus ........................................................................................................ 1,532,605.904
Policyholders' Surplus ........................................................................................................................................................... 1,537,605,904
Total Liabilities, Capital and Surplus ......................................................................................................................... 4,451,171,429
COMMONWEALTH OF MASSACHUSETTS ~L ~s~:
COUNTY OF WORCESTER
Martin D. Kelly, AssL Treasurer of The Hanover Insurance Company, being duly sworn deposes and says that he is the
above described officer of said Company, and certifies that the foregoing statement is a true statement of the condition
and affairs of the said Company on December 31, 2008.
MARTIN D. KELLY
Asst. Treasurer