HomeMy WebLinkAboutAventura Const MARTIN D. FINNEGAN SCOTT A. RUSSELL
TOWN ATTORNEY o°
martin.finnegan@town.southold.ny.us ( 8U0Supervisor
f Town Hall Annex, 54375 Route 25
STEPHEN F.KIELY
ASSISTANT TOWN ATTORNEY P.O. Box 1179
stephen.kiely@town.southold.ny.us � /� �' Southold, New York 11971-0959
LORI M.HULSE Telephone (631) 765-1939
ASSISTANT TOWN ATTORNEY uNv Facsimile (631) 765-6639
lori.hulse@town.southold.ny.us
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
January 5, 2015
Mr. Jason Smolansky
Aventura Construction Corp.
1101 Waverly Avenue
Holtsville, NY 11742
Re: Southold Highway Yard Fuel Dispensing Facility Project
Dear Mr. Smolansky:
I am enclosing an original, fully executed Agreement, including Appendix A, in
connection with the referenced matter. The duplicate original, fully executed counterpart
will be retained by the Town Clerk, and we will retain a copy of same in our file.
If you have any questions regarding this matter, please do not hesitate to call
me. Thank you.
Very tru yours,
L nne rauza
Secretary to the Town Attorney
/Ik
Enclosure
cc: Elizabeth A. Neville, Town Clerk (w/encl. —original)
John Cushman, Comptroller Wend.)
Michael Collins, Engineer (w/encl.)
AGREEMENT
THIS AGREEMENT, entered into this/Slay of December, 2014, by and between the Town of
Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of
the State of New York with offices at 53095 Main Road, Southold, New York, and Aventura
Construction Corp. (the "Contractor"), with an address of 1101 Waverly Avenue, Holtsville, New
York 11742;
WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. CONTRACT AND CONTRACT DOCUMENTS
The Contract and Contract Documents consist of the following: Affidavit of qualification
to bid, Notice to Bidders, Request for Proposal, Bid and Contract Agreement, Bid acceptance
resolution, specifications, plans, drawings, permits, all Addenda, Appendices and amendments
to any contract document, change orders and any supplementary documents, together with all
provisions of law deemed to be inserted in any of these documents. In ease of any conflict or
inconsistency between the provisions of the Contract and those of the Contract Documents, the
provisions of this Contract shall govern, however, all references herein to the "Contract" shall
also refer to the"Contract Documents".
ARTICLE 2. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall perform all construction work in connection with the Southold Highway
Yard Fuel Dispensing Facility Project.
The above mentioned shall be performed in accordance with the attached Bid Specifications,
the Contractor's Bid Response, any and all Addenclums, and the Plans and Drawings entitled
"Southold Fuel Dispensing Facility", drawn by L.K. McLean Associates, P.C. dated October 2014, a
copy of which is attached hereto as Appendix A and made a part hereof.
The Contractor will furnish all labor, materials, supplies, equipment and other similar
items necessary or proper for, or incidental to, the work contemplated by this Contract, as
required by, and in strict accordance with the Contract Documents, and in strict accordance
with such changes as are ordered and approved pursuant to this Contract.
ARTICLE 3. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed no later than two hundred
forty (240) consecutive calendar days from the date the contract is signed by all parties. Time of
performance is of the essence of this Agreement.
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ARTICLE 4. ACCEPTANCE AND FINAL PAYMENT
In payment for the services to be performed hereunder by Contractor, the Town shall make
payments to Contractor as follows:
(a) For the services to be performed by Contractor pursuant to paragraph 2 hereof,the Town
shall pay Consultant the sum of$948,850.00 dollars. Payments shall be made incrementally at the
completion of each bid item as per the Itemized Proposal submitted by the Contractor with the Bid
Response. -Contractor shall send the Town a signed voucher for such compensation. Such voucher
shall be due and payable within 45 days after receipt of such voucher, but such sum shall not be due
and payable by the Town until the Town Board of the Town has received such a voucher and has
audited and approved for payment the signed voucher to be submitted by Contractor in connection
therewith,
The Town Board shall process any vouchers received from Contractor as expeditiously as
possible.
In the event that the Town disputes or objects to any portion of any voucher submitted by
Contractor pursuant to this paragraph, the Town shall, within 30 days of receipt of such voucher,
notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor
is familiar with the requirements of Section 118 of the Town Law which, in effect, prohibit payment
of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been
presented to the Town Board or Town Comptroller and shall have been audited and allowed by the
Town Board or Town Comptroller.
The acceptance by the Contractor of the final payment shall be, and shall operate as a release to
the Town from all claims and all liabilities to the Contractor for all the things done or furnished in
connection with this work and for every act and neglect of the Town and others relating to or arising
out of; this Contract and the Contract Documents, except Contractor's claims for interest upon the
final payment, if this payment be improperly delayed. No payment, however final, or otherwise, shall
operate to release the Contractor or its sureties from any obligations under this Contract and the
Contract Documents or the Bond.
ARTICLE 5. CHANGES TO THE CONTRACT AND EXTRA WORK
(a) The Town may at times, without notice to the Contractor's surety and without
invalidating the Contract, order extra work or make changes by altering, adding to, or
deducting from the work contemplated herein and may adjust the Contract price
accordingly, pursuant to Paragraph (b) below. The Contractor shall not deviate from,
add to, delete from, or make changes in the Work required to be performed hereunder
unless so directed by a written Change Order. If the Contractor is directed by the Town
to perform extra work prior to an agreement on costs or time, the Contractor shall
promptly comply with the Change Order of the Town. No claim for extra work or any
change in the work shall be allowed or made unless such extra work or change is
ordered by a written Change Order from the Town.
2
(b) The amount of compensation to be paid to the Contractor for any extra work, as so
ordered, shall be determined as follows:
1. By a lump sum mutually agreed upon by the Town and the Contractor; or
• 2. Using the applicable price or prices within the Contract and/or Bid and approved
by the Town and the Contractor.
(c) Regardless of the method used by the Town in determining the value of a Change
Order, the Contractor shall submit to the Town a detailed payment breakdown of the
Contractor's estimate of the value of the omitted or extra work.
(d) Unless otherwise specifically provided for in a Change Order, the agreed compensation
specified therein for extra work includes full payment for extra work covered thereby,
and the Contractor waives all rights to any other compensation for such extra work,
damage or expense, including claims for delay, damage or expense.
(e) The Contractor shall and hereby agrees to produce any and all data the Town may
request, including but not limited to, time sheets, certified payrolls, foreman's reports,
daily reports, bills and vouchers of Subcontractors, receiving documents, freight and
trucking receipts,etc.
(f) All change orders shall be processed,executed and approved in the following manner:
(i) if the estimated cost of the extra work is less than $1,000 in the aggregate, a
Change Order Form (attached as Appendix B) must be processed and executed by
the Supervising Department Head;
(ii) if the estimated cost of the extra work is greater than $1,000, then the Change
Order Form (Appendix B) must be executed by the Supervising Department Head
and submitted to the Town Board for consideration and approval by resolution.
The Contractor must submit a detailed explanation of why the Change Order is
needed and must also be submitted to the Town Board prior to its approval. The
Change Order must also be approved by the Town Comptroller and the Town
Attorney. Once this procedure is completed, the Contractor may proceed with the
extra work.
The Town will not accept any alteration, to this form and no payment for Extra Work
shall be due the Contractor unless it executes a Change Order on this Form.
(g) If the Contractor claims that any work which the Contractor has been ordered to perform
will be extra work, that the Contractor for any reason cannot comply with the terms and
provisions of the Contract, or that any action or omission of the Town is contrary to the
terms and provisions of the Contract and will require the Contractor to perform extra
work, the contractor shall:
3
1. Promptly comply with the Town's direction to perform the work which the
contractor claims will be extra work; and
2. Proceed diligently, pending and subsequent to the determination of the Town
with respect to any said disputed matter, with the performance of the work in
accordance with all the instructions of the Town.
(h) No claim for extra work shall be allowed unless it was performed pursuant to change
order duly approved by the Town Board, The Contractor's failure to comply with any
part of this provision shall be deemed to be:
1. A conclusive and binding determination on the part of the Contractor that said
change order, work, action or omission does not involve extra work and is not
contrary to the terms and provisions of the Contract, and
2. A waiver by the Contractor of all claims for additional compensation, time or
damages as a result of said change work, act or omission.
(1) The value of claims for extra work, if allowed shall be determined methods described in
the Contract including, but not limited to,section(b)immediately above.
ARTICLE 6: CONTRACTOR'S OBLIGATIONS
(a) The Contractor shall be responsible for the full and correct performance of the Work
required by this Contract within the time specified herein, including work of the
Contractor's Subcontractors, and any errors therein shall be corrected at the Contractor's
own cost and expense. In addition, the Contractor shall indemnify the Town for any costs
or expenses attributable to errors in performance by the Contractor or the Contractor's
Subcontractors. The Contractor's' obligation hereunder shall include taking field
measurements for all Work hereunder, Approval of shop drawings by the Town shall not
relieve the Contractor from correcting Work either reflected in error on the Contractor's
shop drawings, not confirming to the field requirements, or not complying with the terms
of this Contract. Is shall not be incumbent upon the Town to discover any mistakes,
errors, omissions, or deviations from the Contract requirements, or in the quality or kind
of materials used by the Contractor or in the shop drawings, schedules and reports
submitted by the Contractor and the Town's approval of same shall not relieve the
Contractor from responsibility for unauthorized changes, deviations, omissions or for
errors of any sort therein. Performance by the Contractor of any Work before the
required approvals therefore'have been issued shall be at the Contractor's sole risk and
expense.
(b) In case of discrepancy or difference between any figures, drawings, or specifications; the
matter shall be immediately submitted in writing to the Town, whose decision shall be
final, and without whose decision said discrepancy or difference shall not be adjusted by
the Contractor, save only at the Contractor's own risk and expense.
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(c) Unless otherwise specifically provided in the Contract, the Contractor, without limitation,
shall furnish and be responsible for all shop and field requirements, lines, grades,
dimensions, layouts, colors, qualities, quantities, tests, approvals, operating manuals,
guarantees, cuttings, removals, openings, channels, chases, flues, sleeves, insets, dowels,
hangers, patching, clearing, temporary heat, water and electricity, guards, rails, night
lights, barricades, pumping hoists, elevators, scaffolds, runways, protective paper,
tarpaulins,polyethylene protections, and clean-up, and all things which may be necessary
in performance of the Work contracted hereunder.
(d) If the Town shall furnish any basic reference lines and bench marks to the Contractor,
such basic reference lines and bench marks must be used by the Contractor and the
finished Work shall agree therewith.
(e) The Contractor agrees that the Contractor shall protect and shall be solely responsible for
all labor and material provided for under this contract, whether or not the same may be
erected in place, and for all its plans, tools, equipment,materials, tools of the Contractor's
employees and agents, etc. for all adjoining private and public property, and all existing
Work on the Project Site, which may be damaged by the Contractor's Work. In no event
shall the Town be liable to the Contractor for loss of, pilferage, or damage to any of the
same. In the event of said labor and materials, plant, tools or equipment, etc., are
damaged, lost or destroyed by reason of fire, theft (irrespective of the negligence of the
parties hereto or others), civil commotion, riot, insurrection, violence, war, acts of God,
etc., the Contractor's responsibility therefore shall be absolute, and the Contractor shall
replace, repair, rebuild, and make good any and all said damage or loss of any and all
kinds whatsoever.
(f) Contractor shall be responsible for adhering to all permits required to perform the Work
and/or required by the applicable laws, regulations, ordinances, etc., and maintain the
validity of all such permits throughout the contract duration.
ARTICLE 7. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under 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 Contractor shall take out and maintain during the life of
this Contract Workers' Compensation Insurance for its employees to be assigned to the
work hereunder,
(b) Insurance: The Contractor shall take out and maintain during the life of this Contract
such general liability, property damage, and commercial auto liability insurance as shall
protect it from claims for damages for personal injury, including accidental death, as
well as from claims for property damage which may arise from operations under this
Contract. The amounts of such insurance shall be as follows:
5
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 $100,000 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 S. 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.
ARTICLE 9. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the
services furnished under this Agreement.
ARTICLE 10. NO DAMAGES FOR DELAY
The contractor agrees to make no claire for increased costs, charges, expenses or
damages for delay in the performance of this Contract, or for any delays or hindrances from any
cause whatsoever, and agrees that any such claim shall be fully compensated for by an extension in
the time for substantial and/or final completion of the work. Should the Contractor be or anticipate
being delayed or disputed in performing the work hereunder for any reason, it shall promptly, and in
no even more than two (2) business days after the commencement of any condition which is causing
or threatening to cause such a delay or disruption, notify the Town in writing of the effect of such
condition stating why and in what respects the condition is causing or threatening to cause such delay
or disruption. Failure strictly to comply with this notice requirement shall be sufficient cause to deny
Contractor a change in Schedule and to require it to conform to the Schedule then in effect.
6
ARTICLE 11. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
The Town shall have the right to stop work or terminate the Contract if:
(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of
creditors; or
(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 clays; 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 12. 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 theelements, 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.
7
ARTICLE 13. 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 14. 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 15. 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 16. 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.
8
(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 WO rk a
legible statement of all wage rates and supplements, as specified in the Contract, for the
various classes of mechanics, worldngmeniwomen, or Laborers employed on the work.
ARTICLE 17. 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 18. 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 August 26, 2014. Scott A. Russell,
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
instrument and enter into such an A ement 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 19. 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: Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
P.O. Box 1179
Southold, NY 11971-0959
With a copy to: Michael Collins, Engineer
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
To Contractor: Frank DeMeyer, President
Aventura Construction Corp.
1101 Waverly Avenue
Holtsville,NY 11742
9
ARTICLE 20. 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 tem
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 21. 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 22. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the Town of Southold has caused these presents to be signed by
Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these
presents to be signed by its President,the day and year first above written.
Town of South ,;
,„000
By
Scot Russell, Su -rvisor
Aventd.: onstin*,' * *,
By:
Frank DeMeyer, Pres
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On thistlay of December in the year 2014 before me,the undersigned,personally appeared
FRANK DEMEYER,personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity and that by his signature ox ie instrument, the individual or the
person upon whose behalf of which the individual acted,exe • the instrument.
Notary Pub ff
J, Robert Rodriguez
10 Notary Public Stale of New York
01R06212747
Qualified In Suffolk County
My Comnibsbn Expfre014x,„20,4?_
STATE OF NEW YORK)
)ss.:
COUNTY OF SUFFOLK)
On this day of December in the year 2014 before me, the undersigned,personally appeared
SCOTT A. RUSSELL,personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity and that by his signature on the instrument, the individual or the
person upon whose behalf of which the individual acted, executed the instrument.
th)1,9_,LC i) h
Notary Public
LAUREN M.STANDISH
Notary Public,State of New York
No.01516164008
Qualified in Suffolk.County
Commission Expires April 9,2018
11
APPENDIX
"A"
Agreement Between Town of Southold
and
Aventura Construction Corp.
r,
TOWN OF SOUTHOLD
I
SOUTHOLDHIGHWAY YARD
FUEL DISPENSING FACILITY
CONSTRUCTION SPECIFICATION
II
SOUTHOLD, SUFFOLK COUNTY,NEW YORK
LKMA Project ect No:
J 13108.00
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Prepared For:
'' TOWN OF SOUTHOLD
Highway Department
275 Peconic Lane
Peconic,New York 11958
Prepared By.
L.K. McLEAN ASSOCIATES, P.C.
Consulting Engineers
IlAttAt 437 South Country Road
Brookhaven,New York 11719
October 22,2014 (631) 286-8668
RESOLUTION 2014-913
14%*
ADOPTED DOC ID: 10233
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2014-913 WAS
ADOPTED AT TEE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
NOVEMBER 18,2014:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Aventura
in the sum of$948,850.00 ($933,850.00 plus Alter#1 - $12,000.00 and Alter#2- $3,000.00
upon recommendation by the Town Engineer to construct a Fuel Dispensing Facility at the
Southold town Highway all in accordance with plans; and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and
Aventura in the total amount of$948,850.00, subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:William P. Ruland, Councilman
AYES: Ghosio, Dinizio Jr, Ruland,Doherty,Evans, R.ussell
Bond No. EAIC011500242
Document A3 "—
Conforms with The American institute of Architects AMA Document 312
Performance Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Nance,legal slants and principal place of business)
Aventura Construction Corp, Endurance American Insurance Company
1101 Waverly Avenue 750 Third Avenue, 2nd Floor This document has Important legal
Holksville NY 11742 New York NY 10017 consequences.Consultation with
Mailing Address for Notices an attorney Is encouraged with
respect to its completion or
modification.
OWNER: Any singular reference to
(Name,legal stains and address) Contractor,Surety,Owner or
Town of Southold other party shall be considered
plural where applicable.
53095 Main Road, PO Box 1179
Southold NY 11971
CONSTRUCTION CONTRACT
Date:
Amount:$948,850.00 Nine Hundred Forty Eight Thousand Eight Hundred Fifty Dollars and 00/100
Description:
(Name and location)
Fuel Dispensing Facility for the Town of Southold Highway Dept. Resolution 2014-913. Peconic, NY
BOND
Date: November 25, 2014
(Not earlier than Construction Contract Date)
Amount:$948,850.00 Nine Hundred Forty Eight Thousand Eight Hundred Fifty Dollars and 001100
Modifications to this Bond: 1: None Sec Section 16
CONTRACTOR,AS PRINCIPA SUa E`TY
Company: '',' =per ate Seal) Company: (Corporate Seal)
Aventura Co ruct . Enduranc. American Insurance Company
4
Si nntutri' i nntnro» "WJX) „,„N
Name eTAIDt eidl Noma Deborah L. Severin
and i"into: � Attorney-in-Fact
d ve„ and Title:
(Any additional signal,,,es appear on the last page of this Performance Bond.)
(FOR INFOR,t'LITIONONLY--Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Surre Goldberg&Henry Associates (Architect.i3nRlneer or oilier pa ny:)
255 Executive Drive Suite 401
Plainview NY 11803
516-576-3131
S.1 s52/As 8(10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor perfomts the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise alter
.1 the Omer first provides notice to the Contractor and the Surety that the Owner is eonsIdering declaring a Contractor Default.Such
notice shell Indicate whether the Owner Is requesting a conference among tho Owner,Contractor and Surety to discuss the
Contractor's performance,lfthe Owner does not request a confluence,the Surety may,within live(5).business,days after receipt of
the Owner's notice,request such a conference,Utile Surety timely requests a conference,the Owner shall attend,Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt
of tine Owner's nodce,If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if wry,subsequently to declare a
Contractor DeWitt
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
,3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform tire Construction Contract.
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§6 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§6.1 Arrange for the Contractor,with the consent of lire Owner,to perform and complete the Construction Contract;
§6.2 Undertake to perform and complete the Construction Contract itself,through Its agents or independent contractors;
§6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and n contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described In Section 7 In excess of the Balance oldie Contract Price incurred by the Owner as a result of the
Contractor Default;or
§6.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
,1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify the Owner,citing tire reasons for denial,
§611 the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be In default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner,If the Surety proceeds as provided hr Section 5,4,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner,
S•1852/AS 8110
§7 lithe Surety elects to act under Section 5.1,3,2 or 5,3,then the responsibilities ofthc Surety to the Owner shall not be greater than those of the
Contractor wider the Constrection Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Constriction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplicntion,for
A the responsibilities of the Contractor for correction of defective worts and completlou of the Construction Contract,
.2 eddltiouni legal,design professional and delay costs resulting front the Contractor's Delimit,and resulting from the auctions er
failure to act of the Surety under Section 5;and
.3 liquidated damages,or if no liquidated damages arc specified in the Construction Contract,actual damages caused by delayed
performance or non•performanee of the Contractor,
§8 If the Surety elects to act under Section 5,1,5,3 or 5.4,the Surety's liability is limited to the amount of this Bond,
§9 The Surety shall not be liable to the Owner or whew for obligations of the Contractor that arc unrelated to the Construction Contract,and the
Balance of the Conlruet Price skull not be reduced or set off on account of any such unrelated obligations,No right of auction shall accrue on this
Bond to any person or entity other titan the Owner or Its heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations,
§11 Any proceeding,legal or equiteblc,under this Bond may be instituted in.any court of competent Jurisdiction h1 the location In which the work or
part ot'the work Is located anal shall be 111511 411d within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or wlthht two years after the Surety refuses or fails to perform Its obligations under this Bond,whichever occurs first,lithe
provisions of this Paragraph arc void or prohibited by law,the minimum period of limitation available to sureties as a defense in the Jurisdiction of
the suit shall be appiicablc.
§12 Notice to the Surety,the Owner or the Contractor shall be nailed or delivered to the address shown on the page on which their signature
appears.
§13 When Otis Bond has been tbmished to comply whit a statutory or other legal requirement in the locution where the construction was to be
performed,any provision in this Mond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conibmuing to such statutory or other legal requirement shall be deemed incorporated herein,When so finished,tlic intent is that this Bond shall be
construed as a statutory bond and not as n common lowbond,
§14 Definitions
§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been rondo,Including allowance Ro the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other chinas for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract,
§14,2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material
term of the Construction Contract.
§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract,
§14.6 Contract Documents,All the documents that comprise the agreement between the Owner and Contractor.
§16 If this Bond Is Issued for an agreement between a Contractor and subcontractor,the tem Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S•1052/AS 8/10
„§^1,1 Modifie'4110010 ibis bpirti.i,A 4 1.41tows:
4Y/2r-we is provided beimsfor arlthrtional$ignainres of ne(dee pariles,,other Man those appearing on the cover page)
CONTRACTOR AS PRINCIPAL SURETY
Company.: (Cotperate Seal) Company: (C'orpovrie Seal)
Signantre: Signature:
Name and Title: NLIDIC Mid Me:
Address Address
S-1852/AS OM 0
ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION
STATE OF NEW YORK
µy ss: }
COUNTY OF
On this - ._._. day of "-c , ;ii ,2014, before me personally
appeared 1:e',',i;~ „ �»�� r° ” to me known, who, being by me duly sworn,did depose and say that
I�ie/sheMresidcs at "° � �" „kJ ..,that he/she is
the "" �� ." of ,091,tr,04 N"kg, a ; Lfil,"V kJ k, 4::�e the corporation described
in and which executed the foregoing instrument;and that he/she signed his/her name thereto by order
of the Board of Directors of said corporation.
Robed i odri r a ____,. .,-----------------------
J.Notary Pat&c State of �r York 7/ Notary Public ,
C ruaiiCied in Quito kfotJ¢t^l,ri ..,-
My COMMAE lir " _', II° ...,.,
ACKNOWLEDGMENT OF SURETY
STATE OF NEW YORK }
ss:
COUNTY OF NASSAU }
On November 25,2014 before me personally came Deborah I,.Severin to me known who,being by me
duly sworn,did depose and say that he/she resides at 255 Executive Drive,Plainview,New York
11803,that he/she is the Attorney-in-Fact of Endurance American Insurance Company.y. the corporation
described in and which executed the foregoing instrument;and that he/she signed his/her name
thereto by order of the Board of Directors of said corporation.
________.........____....,...,._....... .....,....____
Notary Public
Peter Henty
Notary Public State of NY
No.01HE4784829
Qualified In Nassau County
Commission Expires January 31,2018
% 'i
ENDURANCE AMERICAN INSURANCE COMPANY
UAIONTNI942
P
lialitith bey 1
,
OWER OE ATTORNEY
vtary a ff 2/1en by these Presents,that ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware corporation(Una•Corporation'),with offices at 750 Third Avenue,New York,New
York 10017,has made,constituted and appointed and by these presents,does make,constitute and appoint
ROBERT FII‘INELL.,FERN PERRY,DEBORAH L,SEVERIN,-JANICE-Ft.FISCINA,JENNIFER LAURA JOHNSTON-OGEKA,ROSANNE CALLATI:li„-xiPE.TERdeliver H:,Nr aRia_.,0:1_13beb_oil
t l'kwt I Alt InyteIrt,feet,at PLAINVIEW in Slate , , ,:oh I th 1 to have full power to act without the other of others,10 make,, RERE0100rentillsoysti444i4i4., relating to such
boNtittl&G'Vairt1140ittolljtIlts:IrliebligHtlEdins In surety or amsurtlietyi#1100theoftnNIV:brtdtn°0XieetiGile Mq111 It it behalf rnnowals,extensions,agreements,waNers„rons ,
11' ' deriekems or obligations provided,howevet„tha't no single Wed orntdind..1d(:iia6ktinegsfr no made,executed' and deiNered shall obligate the'Corporation(Orany portion of the penal sem
thereof ,
alceesaldln de,
uorlf be stun of SEVEN MULLION FIVE HUNDRED THOUSAND Dollars($7, . , , ),
Sects bonds arid emdertaitiogs for said purposes.when duly executed by said a ttomey(s)-in-fact,shall be binding upon the Corporation as fully and to the same extent as If signed by the President of
the Corporation under Its corporate seal attested by its Corporate SeFEetatY•16
Y1'ilieMptilinbassolf,lentide urnderTtnti by atillimity ooltertaito.resolulions adopted by the Board of Directors oiViIts per t1Stion;1ii y urianItnoHibiyirfittert consent on th11..,,2260!,oldulytiz2,011sin 7,,„,,,, I11`
hiCiSetipegES below derthititeading entitled'Celli ,,
-",,,,,,,,
16 ' II
This rower of Attorney Is signed and sealed by facsiin tl under and by autheilly of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consent on the
21e day Of JOY.2011 and said resolution has not since been revoked,amended or repealed:
A 10 U0 S Moot by 1 Directors of the Corporation by unanimous writtenf 00 Menton
10001 fieor it , 04 ,,the Beard e f attorney
1141CILYIFJ)'11°44 granting power*
°I.ai..tc!Cillefl'f711744f1"nd ollieemndillife seal of the Corporation may be affixed to any suchPool shalt
bevalid
on ..y1Tr4, ,,,
,ilt,
the
9;iitli4i:,11''Ijitilli al. 111.4ti ore sitigbnayt.1:04:lit it-c'a1114116'4*'ytta131fix1w—fir orattarriey or certificate bearing such facsimile sligruslute or sea ild dist d .
01„ ,i, d,,,o1 rpo,,,,.1,40,0o,,....o)orthio,.(7,40r0 with ye9p6t00,any
-,,,,„,4004,4449 to 4.114h 44 8.144,4d,
This PoWer2:61AttorneYthalirtifnlreandiallauthority hereunder shall terminate without notice at 12:01 am.(Standard Timer v/here said allomey(s).ln-fact Is authorized to act,)
AUGUST 21ST,2015.ft
and its corporate seal to eifollefirtill 9 ,,... ' ,,t,...,
.0 IN WY rEttlevr
tiftVutriTh-lit EDF 06701' itilkin has caused these presents to be duly signed tOtttlied.!:„.111,1tgted Ibis 22ND dity1t4.,A,,tgI:,,,,,20, i47,„e:, o:,,,,, o,..„0„,:„
•LN,iirl'IT-Ni"Eit-t-litt-11"iiisli,Y t"ts-Ii'Itti„tYti„'ii,i3i$,..,,,
ENOURAKA0ar,i
Epo160,joaitompANy
ATTEST
---,
,
.....„.„.„.„,..„.
Alfred N might senior Vice President Ronald Diggs,VIce President
_....- - ,, . ...._
SfA Trtihr ibRir 1,- es'MANHATTAN.,t. .____ , -,,,.,.. ,i ........,
,,:,..,',...,...,'NEWi, - iiimi '''''" '. „...., _ , ',,,
COUNTe'cittlgYrY(1815 1 : _
1 .
II 'LI 1 ' - .
On the 22ND day of AUGUST,2014 before eta tsarsona Illy came RONALD 01005 to me known,who being try me duty sworn,did'depose and say that,slert he eel daub%IvneilirlstipiaL rr of 101:101;WthatN,(oho rii_v,,,,,4
PENNSYLVANIA that Is .0 lent mEtir r ENDURANCE AMERICAN INSURANCE M,OMIPANY,the excretedcorperationdessconobrdedollnotroulootriihrschotsavicooporavom Cud
)11 Ii,10B PRES Y1 It , affixed by order 0 tine Id that(sIlve slier 5,his(her)
the sea I of said ea,,,,,ration,Mat billses'affixed to said Instrument Is such catearakaSeell;then was so
risme thereto hy like order,
;..:::::2'
CERTIFICATE
STATE OF NEW YOFIK ss:MANHATTAN
COUNTY OF NEW YORK
_
I Doug WO)ffien;,the Chief Exeçlll1le Officer of ENDURAN(EAMER11DANiNSURANCE COMPANY,a Delaware Corporaben(the'Corporation°),hereby certify:- - ----,:. i-;-
'
Corporation and has not since1 to thereof;
Tfra 1thaOriginal povier ofittarney of which the foregainlis 674601 y$V-"es dc executed on behalf of the Commbeen ranched,ramoeondedrttaloitilwirodliotEiedtlllul the Undersigned
h1a.Seempared the foregoing copy thereof with the anginal power of attorney,and that the same is a(me and pl.a.ect copy of the original power 0 attorneyd of h
2. The foiliewev ere resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on the 21n day of July,2011 and said resolutions have not since bee
revoked,amended or modified:
7 $ ' Olin line'rii surety. f I"if titt the C000041lopeny and all bonds, is , 0 ,
I s.,, At ol th IntiNtluaig named below is authorized tomake,eXenute seat and deliver forand,011).le 9.44 ,,4) , 44„0,iyi soma nons relating(.010.0,m,"!0!0,,o ho,r)qs4,
i
co'R°4609LI,1-„,:jeTth1ithrglit 71:17n,:e110-ex"..abitfe and-i -deliver for and on behalf oldie Corporation renewals,extensions,,60,pspoetntf,y,v,L re, ,ntrn, ,
' .; ' ....__ _
undertafdriginfniitlitn6Ons -,7„,
ALFRED N.WRIGHT,RONALD DIGGS
And
ED FURTHER ittainnOl Q
RESOLVED m eml itatiti.1,
ha Isplaited to appoint attorneys-In-fact for purpose t the Individuals named 0 ve 41,1 .:„ the of nicking,executing,sealing and delivering bonds,undertakings or
4 ishalt of the Crtirr trittlert-
eblig°411"°?14"11g''.717''' °1:1 all h ---'"! -.' '-' 71- '. 2-- recorded and of the whole thereof.
, ''"lii 41 'Ali,•;;,p,,,,, 604,0;11:'• i
that the above rest:IMAMS are Itut en
3.,The Undeptgl ard further OfIfir%e , es of the resolutions as ,
.1 10 dr' IL\„
IN WITNESS WHEREOF,I have hereunto set my hand and offered the corporate seal this c)5 day of 0 ve..PA 42„, .20
,
(Corporate tidal) ,
Doug“ " -
VVOrry)en,--C-hief ExeCutive Officer of U.S.Insurance
This Document is printed on colored bonded safety paper.Any meted notions Cm void.
ENDURANCE AMERICAN INSURANCE COMPANY
Balance Sheet-Statutory-Basis
December 31,2013
Assets:
Bonds S 277,960,234
Common stocks 92,821.239
Cash 81,252,414
Receivable for securities
Total,cash and Invested assets 462,507,736
Agents'balances
63 ,892,01.4
Reinsurance recoverable on loss and loss adjustment expense payments 204,937,779
Funds held by or deposited with reinsures companies 4,455,680
Investment Income due and accrued 1,277,293
Receivables from parent and affiliates 8 97
Total admitted assets $ 1 13 789 4 8
Liabilities:
Loss and loss adjustment expenses S 220,360,070
Reinsurance payable on paid loss and loss adjustment expenses 403,424,215
Unearned premiums 78,153,735
Ceded reinsurance premiums payable 324,020,849
Funds held by company under reinsurance treaties 5,604,760
Provision for reinsurance 3,027,000
Payable to parent,subsidiary and affiliates 6,119,752
Payable for securities 22 619,701
Other liabilities 2,972.307
Total liabilities 1,066,302,389
Capital and surplus:
Common capital stock 6,000,000
Gross paid in and contributed surplus 531,153,297
Unassigned Binds(surplus) 8"66 t 21",.
Total capital and surplus 247487,089
Total liabilities,capital and surplus S 1„13 789«78
I,Stan Osofsky,Treasurer of Endurance American Insurance Company(the"Company")do hereby certify that to
the best of my knowledge and belief,the foregoing Is a fhll and true Statutory Statement of Admitted Assets,
Liabilities,Capital and Surplus of-the Company as of December 31,2013 prepared in conformity with accounting
practices prescribed or permitted by the Sthte of Delaware Department oflnsurance.The lbregoing statement should
not be taken as a complete statement of financial condition of the Company.Such a statement Is available upon
request at the Company's office located at 333 Westchester Avenue,White Plains,NY 10604,
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the Company at New York,New
York.
t4ar Osof-y
M
3ubccribed and swam to before me this -7''11 day of re or AN1t1 l.t
CARI
Notary 1109119 t3tnt0 of 18911
No.011J0t70002
71209 lir r00t rr 29.201
Bond No. EA1C011500242
Document A312 TM — 2410
Conforms with The American Institute of Architects AIA Document 312
Payment Bond
CONTRACTOR: SURETY:
(Name,legal status and address) (Name,legal status and principal place of business)
Aventura Construction Corp. Endurance American Insurance Company
1101 Waverly Avenue 750 Third Avenue, 2nd Floor This document has Important legal
New York NY 10017 consequences.Consultation with
Holtsville NY 11742 Mailing Address for Notices an attorney Is encouraged with
respect to Is completion or
modlticatldn,
OWNER: Any singular reference to
(Nave,legal stains and address) Contractor,Surety,Owner or
Town of Southold other party shall be considered
plural where applicable.
53095 Main Road, PO Box 1179
Southold NY 11971
CONSTRUCTION CONTRACT
Date:
Amount:$948,850.00 Nine Hundred Forty Eight Thousand Eight Hundred Fifty Dollars and 00/100
Dcsorlption°l
(idents and location)
Fuel Dispensing Facility for the Town of Southold Highway Dept. Resolution 2014-913. Peconic, NY
D November 25, 2014
(Not earlier than Constrncrlo,Contract Date)
Amount:$948,850.00
Nine Hundred d d Foray Eight Thousand Eight Hundred Fifty Dollars and 00/100
Modifications to this Bond: 0 None El See Section 18
CONTRACTOR OS PRINCIPAL SURETY
Company: sirup i t o�Or e Seal) Company.: (Corporate Seal)
( r porat
Aventu .CC s� Endurance American Insurance Company
dei/
Signaler __� Signature. _ , ,�,, .,_ � �.�,7�
De)orals , " venin
Nana t- -iir?g l .9 . Nonto Attorney-in-Fact
and Title: /) , '� and Title:
ems/ &r�
(Any additional signatures appear ott the last page of this Payment Bond)
(FOR INFORMATION ONLY—Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Surre Goldberg & Henry Associates (Architect,Enghreerorother party)
255 Executive Drive Suite 401
Plainview NY 11803
516-576-3131
S-2149/AS 8/10
§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to
pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which Is incorporated herein by reference,
subject to the following terms.
§2 if the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnities and holds harmless this Owner from claims,
demands,liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the
Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond.
§31f there is no Owner Defer ti under the Construction Contract,the Surety's obligation to the Owner minder this Bond shall arise after the Owner
has promptly notified the Coatrnctor and the Surety(at the address described in Section 13)of claims,demands,liens or suits nattiest tha Owner or
the Owner's property by any person or entity seeking payment for labor,materials or equipment famished for use in the performance orate
Construction Contract and tendered defense of such claims,demands,liens or snits to the Contractor and the Surety,
§4 When the Owner has satisfied the conditions in Section 3,the Steely shall promptly and at the Surety's expense defend,indemnify and hold
harmless the Owner against e duly tendered claim,demand,lien or suit.
§6 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§6.1 Claimants,who do not have a direct contract with the Contractor,
.1 have furnished a unbitten notice of nonpayment to the Contractor,stating with substantial accuracy the amount claimed and the
name of the party to whom the materials were,or equipment was,ftunlshed or supplied or for whom the labor was done or
performed,within ninety(90)days after having lest performed labor or last famished materials or equipment Included in the Claim;
and
• .2 have sent a Claim to the Surety(at the address described in Section 13),
§6.2 Claimants,who arc employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in
Section 13).
§61t a notice of nam•payment required by Section 5.1.1 Is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation
to furnish a written notice of nonpayment under Section 5.1.1,
§7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and ut the Surety's
expense take the following actions:
§7.1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days uftcr receipt of the Claim,stating tho amounts that are
undisputed and the basis for challenging any amounts that are disputed;and
§7,2 Pay or mange for payment of any undisputed amounts.
§7.3 The Surety's failure to discharge its obligations under Section 7,1 or Section 7,2 shall not be deemed to constitute a waiver of defenses the
Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement.
If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§8,The Surety's total obligation shall not exceed the amount of this Bond,plus the amount ofrensonublc attorney's fees provided under Section 7,3,
and the amount of this Bond shall be credited for any payments made in good faith by the Surety.
§9 Amounts awed by the Owner to the Contractor under the Construction Contract shnll be used for the performance of the Construction Contract
and to sail*claims,if arty,under any construction performance bond.By the Contractor flunishhng and the Owner accepting this Bond,they agree
Ihat all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and
Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. ,
8-21491AS 8110
§10 The Surety shall not be liable to the Owner,Chamomile or others(or abuignilous of the Contractor that arc unrelated to the Construction Contract.
The Owner shall not be liable for the paymentof any costs or expenses of any Claimant under this Bond,and shall have under this Bond no
obligation to nmake paymetnls to,or give notice on behalf of,Clnhntants or otherwise have any obligations to Claimants under this Bond.
§11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations,
§12 No suit or action shall he commenced by a Claimant under this Bond other Ulan in a court ofeomu,pctcnljurisd'lation In the state in which the
project that is the subject oftho Construction Coatraotls located or after the expiration ofcuo year from the date(1)on Which the Clamant sent a
Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last meter ials or
equipment wore furnished by anyone under the Construction Contract,whichever of(1)or(2)first ocews.If the provisions of this Paragraph arc void
or prohibited by law,the minimum period of ilntltation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§13 Notice and Clahars to the Surety,the Owner or the Contractor shall bo mailed or delivered to the address shown on the page on which their
signature appears,Actual receipt ofnetice or Claims,however accomplished,shall be sufficient compliance as of the date received.
§14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be
performed,any provision in this Bond conflicting with said Wintery or legal requirement shall bo deemed deleted herefrorn and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein,When so furnished,the intent is duet this Bond shall be
construed as a statutory bend and not a common law bond.
§16 Upon request by any person or entity appearing to be a potential beneficiary of.this Bond,the Contractor and Owner shall promptly furnish a
copy of this Bond or shall permit a copy to be made.
§16 Definitions
§16.1 Claim.A written statement by the Claimant including ata minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,orrnateriais or equipment furnished;
.3 a copy of the agreement or purchase order pursuantto which labor,materials or equipment was furnished for uscln the
performance of the Construction Contract;.
.4 a brief description of the labor,materials or equipment finished;
.6 the date on which the Claimant lost performed labor or last Armistice'materials or equipment for use in the performance of the
Construction Contract;
.6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim;
.7 the total amount of previous payments received by the Claimant;and
.8 the total amount duo and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Clain,
§16.2 Claimant.An individual or entity having a direct contract with the Contractor or with n subcontractor of the Contractor to finish labor,
materials or equipment for use in the pertbrmnnco of tire Construction Contract,The term Claimant also includes any individual or entity that has
rightfully asserted a claim under an applicablemechanio"s lien or similar statute against the real property upon which the Project is located.The intent
of tide Bond shall be to include without limitation in the terms"labor,materials or equipment"that put of water,gas,power,light,heat,all,gasoline,
telephone service or rental equipment used in the Construction Contract,architectural and engineering services required forperfonranee of the work
of the Contractor amid the Contractor's subcontractors,and nil other items for which a mechanic's lien may be asserted in the Jurisdiction where the
labor,materials or equipment were funtistrcd,,
§16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,Including all Contract Documents
and all changes made to the agreement and time Contract Documents.
S-2140/AS 8/10
§16,4 Ownor Default.Failure oldie Owner,whichhe not boot remedied or waived,le pay the Contractor as.requIre, under ttnyConsinietIon
Contract or to perform and complete or comply with the other material terms of the Construction Contract,
0640011040,DOCIIMents.MI 00 documents thateornprise the agreement tIetween iho,Ownet.ad.COntratitor„.
§17 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractorin tidal:30nd shalt be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor,
§18 Modifications to Ns bondilltos follows:
(Space is provided below for additional signatures of added parties,,ollter than those appearing.on'thkeoNr page)
CONTRACTOR AS PRINCIPAL SURETY
Company: (CmporateS7eal; Company: (Corporate.Seal)
Signature: Signature:
blame and Title: Name and Title:
Address Address
4,21,101AS
ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION
STATE OF NEW YORK }
COUNTY OF .-.m „4 , . }
,,, °-
On this day of ,-7? w r '- - , 2014, before me personally
appeared /�ta � ��t to me known, who,being by me duly sworn,did depose and say that
he/she resides at --
the � ���
""� ,�1`� � ;: � ��°� , .- ,that he/she is
theof49",rnle � . .a �, . 7,/-'44tthe corporation described
in and which executed the foregoing instrument;and that he/she signed his/her name thereto by order
of the Board of.Directors of said corporation.
J.Ilobo:°i Rod:lgunz _-_ „ :; etr-"" :-. --
-_
---- .
Notary NM Stale elbow York Notary Pub i, /
No i"�0�r �21 i"I 4
C
Qualified in Suffolk .°Irv,-p ,
1
, ...
i:1 C ofr tisstortE rakes t
ACKNOWLEDGMENT OF SURETY
STATE OF NEW YORK }
ss:
COUNTY OF NASSAU }
On November 25,2014 before me personally came Deborah L Severin to me known who, being by me
duly sworn,did depose and say that he/she resides at 255 Executive Drive,Plainview, New York
11803,that he/she is the Attorney-in-Fact of End,ranee American insurance Company the corporation
described in and which executed the foregoing instrument;and that he/she signed his/her name
thereto by order of the Board of Directors of said corporation.
Notary Public
Pater Henry
Notary Public State of NY
No,01HE4784829
Qualified In Nassau County
Commission Expires January 31,2018
ENDURANCE AMERICAN INSURANCE COMPANY
B100115001797
Seol Number I
POWER OF ATTORNEY
2(pow altten 6y tfieseftesents,that ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware corporation(the CorporatIonl,with offices at 750 Third Avenue,New York,New
York 10017,has made,constituted and appointed and by these presents,does make,constitute and appernt
ROBERT FINNELL,FERN PERRY,DEBORAH L.SEVERIN,JANICE R.FISCINA,JENNIFER LAURA JOHNSTON-OGEKA,ROSANNE CALLAHAN,PETER HENRY
its true end lawful Attorneyls),Irtifect,at PLAINVIEW In the State of NY and each of Mem Co have full power to act without the other or others,lo ma,ko,executo,sealand deliver for and On its behalf
bonds,undertakings or obligations is surely or coisurely with others,also to execute and deliver on its behalf renewals,extensions,tioreemeals,waivers,consents or stipulations relating In W01
aforesaid bonds,undertakings or obilgations provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation for any portion'of the penal sum
thereof In excess of the sum of SEVEN MILLION FIVE HUNDRED THOUSAND Dollars($7,5 1,00000),
Such hoods and undertakings for said purposes,when duly executed by said attomey(s).1mfact,shall be binding upon the Corporation as fully and to the same extent as if signed by the President of
the Corporation under its corporate seal aliested by its Corporate Secrelary,90
This appointment is made under and by authority of certain resolutions adopted by the Board 04 Directors of the Corporation by unanimous written consent on the 21e day of July,2011,a copy of
which appears below under the heading entitled'Certificate',
so
This Power of Allerney is signed and sealed by facsimRe under and by authority of the following resolution adopted by the Board of Directors of he Corporation by unanimous written consent on the
21i4day of July,2011 and said resolution has not since been revoked,amended or repealed,
RESOLVED,trio klrant*powers of attorney pursuant to certain resofutions adopted by OW Board of()hectors of the Corporation by unanimous written consent on
the 2146 day of thiyi . 1 j,the signature of such directors and officers and the seal of the Corporation may be affixed to any such power el attorney
or any dertihcate troll rig thereto by fecsioniie,rind any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding
lq
upon 1110 erporO 0'n the k two'with respect to any bond ortaiderla king to which it is attached.
.
Tins Power O(Af101f111101101,011010 and 811#1u115vity hereunder shall terminate without notice at 12:01 am,(Standard Timer where said attorney(s)4n-fact Is authorized to act)
OCTO13EIT1,3r14,20 15,
, r
IN WITNESS vyl.ii ill pF,,the Ceiporetlee h.: caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 14TH day of OCTOBER 2014 at New York,
New York. ":, /''i,
(Corporate Seal),i,it i ,6i,, ENDURANCE AMERICAN INSURANCE COMPANY
1e/ -
(f A( ), I
A
ATTEST , (. 7. i e. ,__
Allied N.Wright,Senior Vice President Ronald Diggs,Vice President
STA li E or NEW YORK ss:MANHATTAN
COUNTY OF NEW YORK
On the 14TH day of OCTOBER,2014 before no person*came RONALD DIGGS to me know',who being by me duty sworn,did depose and say hi(s)ier resides In HELLERTOWN,
PENNSYLVANIA that(s)he is a VICE PNESIOENT of ENDURANCE AMERICAN INSURANCE COMPANY,the corporation described In and whleri executed the above instrument;that Nile MOWS
the seal of said cer pore tion;that ttiO teal affixed to saki Instrum ent 15 such corporate seal;that it was so affixed by order et the Board of Directors raf said corporation,and that(s)ho signed his(her)
name thereto by like order,
6,
(Notariat Seal) ........... __„,,
Amo Licari,Notary Public•My Commission Expires:October 29,2015
,
CERTIFICATE
STATE OF pm yak ' sp:WiNI tATTAN
COUNTY 05 NEWYORK
I,Doug Woman,the Chief Executive Officer of ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware Corporation(the Corporation'),hereby certify:
1, That the original power of attorney of which tire foregoing is a copy was duly executed on behalf of the Corporation NW has not sin oo inert revoked,amended or modified;that the undersigned
has compared the foregoing copy thereof with the original power of attorney,and that the sante is a true and correct copy of the original power of attorney and of the whole thereof;
2. The followtng are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on the 21'day of July,2011 and said resolutions have not since been
revokee,,armended or modified:
'RESOLVED,lhat each of the Individuals named below is authorized to make,execute,seal and deliver for and on behalf of tho Corporation any and rill bonds,undertakings or Wig alloo s in surety or
casurely with others and to ex'cute and deliver for and on behalf of the Corporation renewals,extensions,agreements,waivers,consents or stipulations relating to such aforesaid bonds,
undertakings or obligations.
ALFRED N.WRIGHT,RONALD DIGGS
And
RESOLVE:0 Rom i ER that cads or the individuals named above Is authorized to appoint attomeys-in-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or
0 otigetioes in sooty'Icor C0,1,1,jfei;yf,6400 on behalf of the Corporation.
3. I he unoorigried further cellifiel that the above resolutions are true and correct copies of the resolutions as o recorded and of the whole thereof.
_
IN WITNESS thri iEREBFt 4vo hereunto set my hand and affixed the corporate seal this a di day of Diteork,10t( ,20 1, ...
(Corporate Seel)
Doug Woman,Chief Executive Officer of U.S.Insurance
Any reproductions are void,
ENDURANCE AMERICAN INSURANCE COMPANY
Balance Sheet-Statutory-Basis
December 31,2013.
Assets:
Bonds S 277,960,234
Common stocks 92,821,239
Cash 81,252,414
Receivable for securities __19.A.42,/
Total,cash and invested assets 462,507,736
Agents'balances 639,892,014 l
Reinsurancerecoverable on loss and loss adjustment expense payments 204,937,779
Funds held by or deposited with reinsures companies 4,455,680
Investment Income due and accrued 1,277,293
Receivables from parent and affiliates 718,975
Total admitted assets 5 1 13 e,4 l
Liabilities:
Loss and loss adjustment expenses S 220,360,070
Reinsurance payable on paid loss and loss adjustment expenses 403,424,215
Unearned premiums 78,153,735
Ceded reinsurance premiums payable 324,020,849
Funds held by company under reinsurance treaties 5,604,760
Provision for reinsurance 3,027,000
Payable to parent,subsidiary and affiliates 6,119,752
Payable for securities 22,619,701
Other liabilities 2.972.307
Total liabilities �
1,066,302,389
Capital and surplus:
Common capital stock 6,000,000
Gross paid in and contributed surplus 531,153,297
Unassigned funds(surplus) 28"6,A 208'
Total capital and surplus 241,487,0139
Total liabilities,capital and surplus 8 3 78 e7/ '
I,Stan Osofsky,Treasurer of Endurance American Insurance Company(the"Company")do hereby certify that to
the best of my knowledge and belief,the foregoing is a full and true Statutory Statement of Admitted Assets,
Liabilities,Capital and Surplus of the Company as of December 31,2013 prepared in conformity with accounting
practices prescribed or permitted by the State of Delaware Department of Insurance.The Ibregoing statement should
not be taken as a complete statement of financial condition of the Company.Such a statement is available upon
request at the Company's office located at 333 Westchester Avenue,White Plains,NY 10604.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the Company at New York,New
York.
,
Osof m.� ....-....--,,-,.,-, .,., ,.—rn.—,,�,..�„ ---- ..
pent
Subscribed and sworn to before me this 7 V4 day of 0.«r r .20/9
._.. � �I1R'kt
aryp Ira Orator
Nob 01140170002
0,1010160 10 fano Counl
"Rant EKON)a Ootobor 20,201 a