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HomeMy WebLinkAboutSalt Air Farm Performance Bond ELIZABETH A.NEVILLE,MMC �Z® ®l/,�, Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 N = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS . 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 January 20, 2015 Steven M. Mezynieski, Inc. 110 N. Magee Street Southampton, NY -11968 Dear Mr. Mezynieski: This office has been informed that the Performance Bonds can be released that you supplied for the four (4) Dike Rehabilitation projects. Enclosed please find your Performance bonds no. B10020637, B10020638, B 10020639, B 10020640 dated December 16, 2014. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Encs. Rudder, Lynda From: Collins, Michael Sent: Tuesday, December 23, 2014 1:30 PM To: Rudder, Lynda; Finnegan, Martin Subject: RE: Performance Bond Martin: We can release the Performance Bond. We are holding retainage for the plantings and the Maintenance Bond will cover any other items that come up. Michael From: Rudder, Lynda Sent: Tuesday, December 23, 2014 12:54 PM To: Finnegan, Martin Cc: Collins, Michael Subject: RE: Performance Bond I was taking to Michael and he said they could be released because we have Maintenance Bonds in place. From: Finnegan, Martin Sent: Tuesday, December 23, 2014 12:30 PM To: Rudder, Lynda Subject: RE: Performance Bond Yes but I am not sure we are ready for that yet. We'd have to get Michael to sign off. I thought there were a couple of outstanding items. From: Rudder, Lynda Sent: Tuesday, December 23, 2014 12:13 PM To: Finnegan, Martin Subject: Performance Bond Importance: High Do I need a resolution to release the Performance Bond for the 4 Dike Projects? Rudder, Lynda From: Finnegan, Martin Sent: Tuesday, December 23, 2014 12:56 PM To: Rudder, Lynda Subject: RE: Performance Bond I thought you meant stalking. From: Rudder, Lynda Sent: Tuesday, December 23, 2014 12:56 PM To: Finnegan, Martin Subject: RE: Performance Bond I meant talking not taking From: Finnegan, Martin Sent: Tuesday, December 23, 2014 12:55 PM To: Rudder, Lynda Subject: RE: Performance Bond Ok then. We just need a reso then. From: Rudder, Lynda Sent: Tuesday, December 23, 2014 12:54 PM To: Finnegan, Martin Cc: Collins, Michael Subject: RE: Performance Bond I was taking to Michael and he said they could be released because we have Maintenance Bonds in place. From: Finnegan, Martin Sent: Tuesday, December 23, 2014 12:30 PM To: Rudder, Lynda Subject: RE: Performance Bond Yes but I am not sure we are ready for that yet. We'd have to get Michael to sign off. I thought there were a couple of outstanding items. From: Rudder, Lynda Sent: Tuesday, December 23, 2014 12:13 PM To: Finnegan, Martin Subject: Performance Bond Importance: High Do I need a resolution to release the Performance Bond for the 4 Dike Projects? 1 Southold Town Board - Letter Board Meeting of January 6, 2015 RESOLUTION 2015-68 Item # 5.15 N� ADOPTED DOC ID: 10403 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-68 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2015: RESOLVED that the Town Board of the Town of Southold hereby releases the Performance Bonds supplied by Steven M. Mezynieski, Inc and Aegis Security Insurance Company, bond# B 10020640 in the amount of$256,947.50, bond# BI 0020637 in the amount of$1,023,514.70, bond # B 10020639 in the amount of$437,518.20 and bond# B 10020638 in the amount of $374,925.90, as recommended by the Town Engineer, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk . RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell 3 Generated January 6, 2015 Page 24 THE AMERICAN INSTITUTE OF ARCHITECTS 11 Bond No. 610020637 AIA Document A3f 1 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Steven M. Mezynieski, Inc. (Here insert full none and address or 1e9a1 title of Contractor) 110 N. Magee Street, Southampton, NY 11968 as Principal, hereinafter called Contractor, and, Aegis Security Insurance Company (Has insert full name end addema or legal 0tie of Surety) P. O. Box 3153, Harrisburg, PA 17105 as Surety, hereinafter called Surety, are held and firmly bound unto Town of Southold 53095 MAIN ROAD, SOUTHOLD, N.Y. 11971 Men Insert full name and address or lagd We of Ovmer) „ NY as Obligee, hereinafter called Owner, in the amount of One Million Twenty Three Thousand Five Hundred Fourteen Dollars and 701100 Dollars($ 1,023,514.70 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, STEVEN M. MEZYNIESKI, INC. Contractor has by written agreement dated entered into a contract with Owner for (Here Insert ful name,address and woedptlon of Project) Southold Dike Rehabilitation Salt Air Farm in accordance with Drawings and Specifications prepared by (Here Insert full narne and address orlegal We ofArchkact) which contract Is by reference made a part hereof, and Is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 1 FEBRUARY197(i • THE AMERICAN INSTITUTE OFARCHITECTS,1736 N.Y.AVE.,N.W,WASHINGTON,D.C.20006 PERFORMANCE BOND NOW, THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or the contract or contracts of completion arranged under this extension of time made by the Owner. paragraph) sufficient funds to pay the cost of completion less Whenever Contractor shall be, and declared by Owner the balance of the contract price; but not exceeding, including to be in default under the Contract, the Owner having other costs and damages for which the Surety may be liable performed Owner's obligations thereunder, the Surety may hereunder, the amount set forth in the first paragraph hereof, promptly remedy the default,or shall promptly The term "balance the contract price," a used in this paragraph, shall meann the total amount payable by Owner to l) Complete the Contract in accordance with its terms Contractor under the Contract and any amendments thereto, and conditions,or toss the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before the accordance with its terms and conditions, and upon expiration of two (2) years from the date on which final determination by Surety of the lowest responsible bidder, payment underthe Contract falls due. or, if the Owner elects, upon determination by the Owner No right of action shall accrue on this bond to or for the and the Surety jointly of the lowest responsible bidder, use of any person or corporation other than the Owner named arrange for a contract between such bidder and Owner, herein or the heirs, executors,administrators or successors of and make available as Work progresses (even though the Owner. there should be a default or a succession of defaults under Signed and sealed this 16th day of December, 2013. ATT ST: Steven M. Mezynieski, Inc. (FT1ndpaB (Seto By; __ (INifrros� BV: '(Tide) WITNESS: Aegis Security Insurance Company (surety) /l ( �(seee'' (WmxrsaJ ��( 6y li (Tfre) Michele Charette Attorney-in-Fact AIADOCLIMENTA611 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA 0 2 FEBRUARY 1970 ED. - THE AMERICAN INSTITUTE OF ARCHITECTS,1735N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 THE AMERICAN INSTITUTE OF ARCHITECTS to Bond No. B10020637 AIA Document A31 i Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Steven M. Mezynieski, Inc. (Han Insert NII none and address or logo]tM*of Conhutor) 110 N. Magee Street, Southampton, NY 11968 as Principal, hereinafter called Principal, and, Aegis Security Insurance Company (Here Insert NL name and address or legal title or Suety) P. O. Box 3153, Harrisburg, PA 17105 as Surety, hereinafter called Surety, are held and firmly bound unto Town of Southold 53095 MAIN ROAD, SOUTHOLD, N.Y. 11971 (Hero Insert full name and address or legal Bao of Omer) NY as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow,defined, in the amount Of One Million Twenty Three Thousand Five Hundred Fourteen Dollars and 70/100 (Here Insert a sum equal to at bast one-half of the contract price) Dollars($ 1,023,514.70 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, STEVEN M. MEZYNIESKI, INC. Principal has by written agreement dated entered into a contract with Owner for Mare Insert full name,address and deecdpaon orpmjeN) Southold Dike Rehabilitation Salt Air Farm in accordance with Drawings and Specifications prepared by (Hers insert Na name and address or loge]tMe of Archltectl which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND a AIA FEBRUARY 1970 ED. • THE AMERICA"INSTITUTE OFARCHITECTS,1735 N.Y-AVE,NW.,WASHINGTON,D.C.20D08 1 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Principal shall promptly make payment to ail claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void, otherwise it shall remain in full force and effect, subject, however,to the following conditions: 1 A claimant is defined as one having a direct and the name of the party to whom the materials were contract with the Principal or with a Subcontractor of the furnished, or for whom the work or labor was done or Principal for labor, material, or both, used or reasonably performed. Such notice shall be served by mailing the required for use in the performance of the Contract, labor same by registered mail or certified mail, postage prepaid, and material being construed to Include that part of water, in an envelope addressed to the Principal,Owner or Surety, gas, power, light, heat, oil, gasoline, telephone service or at any place where an office is regularly maintained for the rental of equipment directly applicable to the Contract. transaction of business, or served in any manner in which 2. The above named Principal and Surety hereby jointly legal process may be served in the state in which the and severally agree with the Owner that every claimant as aforesaid project is located, save that such service need not herein defined, who has not been paid in full before the be made by a public officer. expiration of a period of ninety (90) days after the date on b) After the expiration of one(1)year following the date on which the last of such claimant's work or labor was done or which principal ceased Work on said Contract, it being performed, or materials were furnished by such claimant, understood, however,that if any limitation embodied in this may sue on this bond for the use of such claimant, band is prohibited by any law controlling the construction prosecute the suit to final judgment for such sum or sums hereof such limitation shall be deemed to be amended so as may be justly due claimant,and have execution thereon. as to be equal to the minimum period of limitation permitted The owner shall not be liable for the payment of any costs by such law. or expenses of any such suit c) Other than in state court of competent jurisdiction in 3. No suit or action shall be commenced hereunder by and for the county or other political subdivision of the state any claimant: in which the Project, or any part thereof, is situated, or in a) Unless claimant, other than one having a direct the United States District Court for the district in which the contract with the Principal,shall have given written notice to Project, or any part thereof, is situated,and not elsewhere. any two of the following: the Principal, the Owner, or the 4. The amount of this bond shall be reduced by and Surety above named, within ninety (90) days after such to the extent of any payment or payments made in good claimant did or performed the last of the work or labor, or faith hereunder, inclusive of the payment by Surety or furnished the last of the materials for which said claim is mechanics' liens which may be filed of record against said made, stating with substantial accuracy the amount improvement, whether or not claim for the amount of such claimed lien be presented under and against this bond. Signed and sealed this 16th day of December, 2013. AITL Steven M. Mezynieski, Inc. (Frincipap (Seep d� _ tWfL»ss} � w By. �C (Tirk) WITNESS: Aegis Security Insurance Company (Sureryp (Saab By- (Witness) (Title) Michele Charette Attorney-ir.-Fact AIADOCUMENTA311 • PERFORMANCE BOND AND LABOR ANDMATERIAL PAYMENT BOND • AIA FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS,1736 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 SURETY ACKNOWLEDGEMENT State of New Jersey ss: County of Morris On this 16TH day of DECEMBER, 20 13 , before me personally comes MICHELE CHARETTE, to me known; who, being by me duly sworn, deposes and says that he/she resides in the City of BARTONSVILLE, thathe/she is the Attorney-in-Fact of the AEGIS SECURITY INSURANCE COMPANY, the Corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said Corporation; that the seal affixed to the said instrument is such Corporate seal; that it was so affixed by the order of the Board of Directors of the said Corporation, and that he/she signed his/her name thereto by like order. (Sig*nature Title o Of al�Takmgowledgment) PATRICK J. LYNCH,JR. NOTARY P!i?:;C OF NEW JERSEY My Commission Expires 3116/2015 Power Certificalte No.'NJ 129 AEGIS SECURITY INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT AEGIS SECURITY INSURANCE COMPANY does hereby make,constitute and appoint: PATRICK J.LYNCH,BRENDAN A.GETHINS,JR.,MICHELE CHARETTE,PATRICK J.LYNCH,JR. its true and lawful Attorney-in-Fact,to make,execute and deliver on its behalf surety bonds,undertaking and other instruments of similar nature as follows:$2.5 MILLION This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 4th day of February 1993. "Resolved,That the President,any Vice President,the Secretary and any Assistant Secretary appointed for that purpose by the officer in charge of surety operations shall each have authority to appoint individuals as Attorney-in-Fact or under other appropriate titles with authority to execute on behalf of the Company,fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such an appointment,the signatures may be affixed by facsimile. On m any instrument conferring such authority or on any bond or undertaking of the Company,the seal or facsimile thereof may by imposed or 0 fixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or in undertaking." X Z C "Resolved,That the signature of each of the following officers;President,Vice President,any Assistant Vice President,any Secretary or r- Assistant Secretary and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any Certificate relating thereto, z appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for the purpose only of executing and attesting 0 bonds and undertaking and other writings upon the Company and any such power required and certified by such facsimile signature and < O facsimile seal shall be valid and binding on the Company in the future with respect to any bond or undertaking to which it is attached." p T IN WITNESS WHEREOF,AEGIS SECURITY INSURANCE COMPANY has caused its official seal to be hereunto affixed,and these Z presents to be signed by its President this 25th day of November,2013. C W m AEGIS SECURITY INSURANCE COMPANY X U) BY: ,�ytNSUc� O DARLEEN J.FRITZ WZ President 1977 m Commonwealth of Pennsylvania } L= t7 } s.s.: Harrisburg `��Y * } County of Dauphin } On this 25th day of November,2013,before me personally came Darleen J.Fritz to me known,who being by me duly swom,did depose and say that she is President of AEGIS SECURITY INSURANCE COMPANY,the corporation described herein and which executed the above instrument;that she knows the seal of the said corporation,that the seal affixed to the said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that she signed her name thereto by like order. CO A a&ta 1 9 C : REBECCA LIDDICK Notary Public r My Commission Expires July 25,2017 AAY P I,the undersigned,Secretary of AEGIS SECURITY INSURANCE COMPANY,a Pennsylvania corporation,DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked:and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney,is now in force. Signed and sealed at the City of Harrisburg,in the Commonwealth of Pennsylvania,dated this 16THlay of DECEMBER, 2013. e,t\NSLg4�P 041'OMrF 10 DEBORAH A.GOOD ,N 1977 0 Secretary mPr° snv�r' Di JAY * }ate AEGIS SECURITY INSURANCE COMPANY STATUTORY STATEMENTS OF ADMITTED ASSETS, LIABILITIES AND CAPITAL AND SURPLUS DECEMBER 31, 2012 AND 2011 ADMITTED ASSETS 2012 2011 Bonds, at statement value (fair value, 2012, $19,071,923; 2011, $20,684,605) $ 18,250,907 $ 20,280.492 Stocks: Preferred At fair value (cost, 2012, $325,000, 2011, $100,000) 323,850 88,400 At cost(fair value, 2012, $1,437,079; 2011, $1,569,775) 1,399,251 1,599,768 Common, fair value (cost, 2012, $15,048,830; 2011, $14,257,458) 15,103,043 13,201,974 Subsidiary, equity basis (cost, 2012 and 2011, $5,216,827) 14.061.736 13.467.457 30,887,880 28,357,599 Mortgage loans on real estate 1,418,571 2,734,706 Real estate, cost less accumulated depreciation: Occupied by Company 2,350,672 2,416,547 Held-for-sale 1,961,900 2,992,399 Cash and short-term investments 18,931,867 12,372,430 Other invested assets 1.880.980 1.428,630 57.431,870 50.302.311 Total cash and invested assets 75.682,777 70.582.803 Accrued investment income 261,911 253,828 Premiums in course of collection: Affiliate: American Sentinel Insurance Company 1,069,048 917,353 Mobile-Rec., Inc 845,335 894,595 Other 6,006,571 5,721,244 Reinsurance recoverable on paid losses 1,875,741 1,167,380 Contract surety—funds administration 1,095,773 4,050,016 Federal income tax receivable 600,663 Net admitted deferred tax asset 1,687.958 1.866,622 13.443 000 14.871.038 $ 89 125 777 $ 85 453 841 LIABILITIES AND CAPITAL AND SURPLUS 2012 2011 Losses $ 14,868,146 $ 12,687,722 Loss adjustment expenses 1,561,765 1,565,408 Reinsurance payable on paid loss and loss adjustment expenses.. Affiliate, American Sentinel Insurance Company 599,438 549,683 Other 1,014 Commissions payable 382,180 1,287,237 Accounts payable and accrued expenses 459,916 739,755 Accrued federal income taxes 526,760 Accrued taxes, licenses and fees 427,955 488,275 Unearned premiums 17,592,319 15,897,781 Advance premiums 207,091 247,137 Ceded reinsurance premiums payable 2,270,185 2,614,163 Amounts withheld for account of others 4,995.330 4,198,477 Payable to affiliate, American Sentinel Insurance Company 1,243.400 1,119.300 Total liabilities 44,607,725 41.922.712 Capital and surplus. Common stock, par value $1.40 per share; 5,000,000 shares authorized, 3,000,000 shares issued and outstanding 4,200,000 4,200,000 Special surplus funds 263,220 Paid-in surplus 5,266,827 5,266,827 Unassigned surplus 35.051 225 33.801.082 Total capital and surplus 44,518,052 43,531,129 $ 89.125 777 S 85.453.841