Preview
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
EXHIBIT 24
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Kristin"
From: "Wisner,
Singh' Hyland"
To: 'Pattie , "Knecht,
Leto'
, 'Douglas
Subject: RE: Reg. Rev. Prem. -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617---
Exp. 6-30-19
Date: Tue, 9 Apr 2019 16:00:59 +0000
Importance: Normal
Attachments: Starr_Construction_-Policy_Extension_Questionnaire.doc
Infine-Images: image004.jpg; image005.jpg; image006.jpg; image007.png
Pattie,
Attached isthe completed Extension application.
Please bind this extension and send us the documentation at your earliest.
Thank you for allyour help.
Kristin Wisner, CIC, CISR
Account Manager
McGriff, Seibels & Williams, Inc.
2211 7th Avenue South | Birmingham, AL 35233
205.581.9428 p | 205.583.9551 f
McGRIFE SE1BELS &WEUAMS, INC
. CONSTAHCTION AlSK SERVICES
...
..........................................................................................................................................................................................................................................................................................................
From: Pattie Singh
Sent: Friday, April 05, 2019 8:12 AM
To: Kristin Wisner ; Hyland Knecht ; Douglas Leto
EECRUZ014900
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Subject: Reg. Rev. Prem. -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617---Exp. 6-30-19
[*
This email contains attachments or links from an unverified sender. DO NOT open attachments or
click links without verifying the sender. *]
Hi Kristin, good morning.
Kristin, the new premium forExtending this policy to hei Q be$$Æ$¼-also please complete the attached
Policy Extension Questionnaire in order to process this Extension.
.Bestregards,
PattieSingh
Underwriting Assistant
StarrTechnical Risks - A Division within Starr Companies
Agency
3rd
399 Park Avenue, Floor
New York, NY 10022
Telephone: (212)884-0547
.........................................................................................................................................................................................................................................................................................................
From: Kristin Wisner
Sent: Thursday, April 4, 2019 5:44 PM
To: Pattie Singh ; Hyland Knecht ; Douglas Leto
Subject: RE: Reg. Prem. for Exp. on -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617
Policy
This email originated from outside of Starr.
Pattie,
They have revised the new expiration date to 6/30/19. Can you please provide the revised premium arnount.
Thank you,
EECRUZ014901
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Kristin Wisner, CIC, CISR
Account Manager
McGriff, Seibels & Williams, Inc.
2211 7th Avenue South | Birmingham, AL 35233
205.581.9428 p j 205.583.9551 f
McGRIFF.$ElBELS &tlLLIAMS,1NC
C ONSTRU CTION AISK SERVICES
..........................................................................................................................................................................................................................................................................................................
From: Pattie Singh
Sent: Thursday, April 04, 2019 2:47 PM
To: Kristin Wisner ; Hyland Knecht ; Douglas Leto
Subject: Reg. Prem. for Exp. on -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617
Policy
[*
This email contains attachments or links from an unverified sender. DO NOT open attachments or
click links without verifying the sender. *]
Hi Kristin, good afternoon.
Kristin, Doug Leto agree to extend thispolicy to June 1,2019 foran additional premium of S3MO --ples letus
know ifyou accept this prem. and also con tete the attached Policy htension Quest ionnai e
Best regards,
PattieSingh
Underwriting Assistant
StarrTechnical Risks - A Division within Starr Companies
Agency
EECRUZ014902
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
3rd
399 Park Avenue, Floor
New York, NY 10022
From: Kristin Wisner
Sent: Thursday, April 4, 2019 9:50 AM
To: Pattie Singh ; Hyland Knecht ; Douglas Leto
Subject: RE: Reg. Exp. on April 2019 for -EE Cruz - Region 8 Bridge Replacement - Final #
Policy 10, Policy
SLSTCON11432617
j E dern a!! This email originated from outside of Starr.
Hi Pattie,
The insured has confirmed thatthey will need to extend the policy coverage until 6/1/19. I have requested the scope of
work remaining and the values and will send that information as soon as the insured has provided.
Please letme know what additional information you will need in order to process this.
Thank you,
Kristin Wisner, CIC, CISR
Account Manager
McGriff, Seibels & Williams, Inc.
2211 7th Avenue South | Birmingham, AL 35233
205.581.9428 p j 205.583.9551 f
McGRIFF, $EIBE) &WIWAMS INC.
C O N STRUCTION RISK SERVICES
EECRUZ014903
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
From: Pattie Singh
Sent: Monday, March 04, 2019 11:51 AM
To: Hyland Knecht ; Douglas Leto
Ce: Kristin Wisner
Subject: Reg. Exp. on April 2019 for -EE Cruz - Region 8 Bridge Replacement - Final #
Policy 10, Policy
SLSTCON11432617
[*
This email contains attachments or links from an unverified sender. DO NOT open attachments or
click links without verifying the sender. *]
Hi Hyland, good afternoon.
Hyland, please note that the attached Policy will Exp. on April 10, 2019-please review and letus know ifany
extension isneeded for EE Cruz-- # SLSTCON11432617.
Policy
Best regards,
PattieSingh
Underwriting Assistant
StarrTechnical Risks - A Division within Starr Companies
Agency
3rd
399 Park Avenue, Floor
New York, NY 10022
Telephone: (212)884-0547
From: Hyland Knecht
Sent: Thursday, August 17, 2017 12:11 PM
To: Pattie Singh ; Douglas Leto
Ce: Kristin Wisner
Subject: RE: Reg. EE Cruz - Region 8 Bridge Replacement - Final # SLSTCON11432617
Policy
Thank you Pattie.
EECRUZ014904
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Hyland S. Knecht
Vice President
McGriff, Seibels & Williams, Inc.
Birmingham, Alabama
205-581-9279 Direct
205-583-9551 Fax
205-492-6374 Cell
From: Pattie Singh [mailto:Pattie.Singh@starrcompanies.com]
Sent: Thursday, August 17, 2017 9:28 AM
To: Douglas Leto ; Hyland Knecht
Ce: Kristin Wisner
Subject: Reg. EE Cruz - Region 8 Bridge Replacement - Final # SLSTCON11432617
Policy
[*
This email contains attachments or links from an unverified sender. DO NOT open attachments or
click links without verifying the sender. *]
Hi Hyland, good morning.
on behalf of Leto please find attached a copy of our Final for EE Cruz - Region 8 Bridge
Hyland, Doug Policy
Replacement - # SLSTCON11432617.
Policy
Please review and letus know ifyou need anything else.
Best regards,
PattieSingh
Underwriting Assistant
StarrTechnical Risks - A Division within Starr Companies
Agency
9th
399 Park Avenue,
New York, NY 10022
Telephone: (212)884-0547
EECRUZ014905
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Fax: (646) 417-6382
Pattie.Singh@starrcompanies.com
www.starrcompanies.com
Learn More About Starr Companies
Starr Companies is the worldwide marketing name for the operating insurance and travel assistance
companies and subsidiaries of Starr International Company, Inc. and for the investment business of C. V.
Starr & Co., Inc. and itssubsidiaries.
This e-mail and any attachments hereto are intended only for the use of the addressee(s) named herein and
may be confidential, non-public, proprietary, protected by the attorney/client or other privilege.
Unauthorized reading, distribution, copying, saving or other use of this communication is prohibited and
may be unlawful. Receipt by anyone other than the named addressee(s) shall not be deemed a waiver of any
privilege or protection. If you are not a named addressee or if you believe that you have received this e-mail
in error, please notify the sender immediately and delete all copies from your computer system without
reading, distributing, copying, saving or otherwise using itin any manner. We do not warrant or represent in
any way that this communication is free of malicious software or potentially damaging defects. All liability
for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt,
opening or use of this e-mail is expressly disclaimed.
* * *
..........................................................................................................................................................................................................................................................................................................
From: Douglas Leto
Sent: Wednesday, May 03, 2017 10:14 AM
To: Hyland Knecht
Ce: Pattie Singh ; Kristin Wisner
Subject: RE: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617
Policy
Hyland,
Attached please find by Binder for EE Cruz. Let me know ifyou need anything else.
EECRUZ014906
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Best regards,
Doug
212/884-0529
From: Hyland Knecht [mailto:HKnecht McGriff.com]
Sent: Monday, May 01, 2017 3:43 PM
To: Douglas Leto
Ce: Pattie Singh ; Kristin Wisner
Subject: RE: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617
Policy
Thanks Doug
Hyland S. Knecht
Vice President
McGriff, Seibels & Williams, Inc.
Birmingham, Alabama
205-581-9279 Direct
205-583-9551 Fax
205-492-6374 Cell
From: Douglas Leto [mailto Douglas.Leto@starrcompanies.com]
Sent: Monday, May 01, 2017 2:36 PM
To: Hyland Knecht
Ce: Pattie Singh
Subject: FW: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617
Policy
Hyland,
EECRUZ014907
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Policy No. below. Binder to follow separately.
Best regards,
Doug
212/884-0529
From: Pattie Singh
Sent: Monday, May 01, 2017 3:27 PM
To: Douglas Leto
Subject: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617
Policy
Hi Doug,
The number for EE Cruz - Region 8 Bridge Replacement is -SLSTCON11432617.
policy
Best regards,
PattieSingh
UIderwriting Assistant
StarrTechnical Risks - A Division within Starr Companies
Agency
9th
399 Park Avenue, Floor
New York, NY 10022
Telephone: (212)884-0547
Fax: (646) 417-6382
Pattie.Singh@starrcompanies.com
EECRUZ014908
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
www.starrcompanies.com
Learn More About Starr Companies
Starr Companies is the worldwide marketing name for the operating insurance and travel assistance
companies and subsidiaries of Starr International Company, Inc. and for the investment business of C. V.
Starr & Co., Inc. and itssubsidiaries.
This e-mail and any attachments hereto are intended only for the use of the addressee(s) named herein and
may be confidential, non-public, proprietary, protected by the attorney/client or other privilege.
Unauthorized reading, distribution, copying, saving or other use of this communication is prohibited and
may be unlawful. Receipt by anyone other than the named addressee(s) shall not be deemed a waiver of any
privilege or protection. If you are not a named addressee or if you believe that you have received this e-mail
in error, please notify the sender immediately and delete all copies from your computer system without
reading, distributing, copying, saving or otherwise using itin any manner. We do not warrant or represent in
any way that this communication is free of malicious software or potentially damaging defects. All liability
for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt,
opening or use of this e-mail is expressly disclaimed.
* * *
..........................................................................................................................................................................................................................................................................................................
From: Douglas Leto
Sent: Monday, May 01, 2017 2:51 PM
To: Pattie Singh
Subject: FW: Region 8 Bridge Replacement - Contract D900036
Pattie,
Please get a Policy No. for this project.
Best regards,
Doug
212/884-0529
EECRUZ014909
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
From: Hyland Knecht [mailto:HKnecht@M__cGrifffsom]
Sent: Monday, May 01, 2017 2:26 PM
To: Douglas Leto
Ce: Kristin Wisner
Subject: FW: Region 8 Bridge Replacement - Contract D900036
Doug,
Please bind coverage effective 6/1/2017 excluding TRIA. Please forward binders and policy numbers as soon as
possible.
Sincerely,
Hyland
Hyland S. Knecht
Vice President
McGriff, Seibels & Williams, Inc.
Birmingham, Alabama
205-581-9279 Direct
205-583-9551 Fax
205-492-6374 Cell
From: Douglas Leto [mailto:Douglas.Leto@starrcompanies.com]
Sent: Friday, April 28, 2017 11:19 AM
To: Hyland Knecht
Subject: RE: Region 8 Bridge Replacement - Contract D900036
EECRUZ014910
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Hyland,
Attached is my revised quote.
Best regards,
Doug
212/884-0529
From: Hyland Knecht [mailto:HKnecht@McGriff.com]
Sent: Friday, April 28, 2017 11:45 AM
To: Douglas Leto
Subject: FW: Region 8 Bridge Replacement - Contract D900036
FYI
Hyland S. Knecht
Vice President
McGriff, Seibels & Williams, Inc.
Birmingham, Alabama
205-581-9279 Direct
205-583-9551 Fax
205-492-6374 Cell
From: Hyland Knecht
Sent: Thursday, April 27, 2017 2:27 PM
EECRUZ014911
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
To: Douglas Leto
Ce: Kristin Wisner ; Sara Kessler
Subject: FW: Region 8 Bridge Replacement - Contract D900036
Doug,
Attached you will attachments for Schedule, Price break down and allof the geotech data thatwe were provided.
The project Contract Value has been revised to $69,818,200 with estimated starton 5/1/2107 and completion on
5/12019.
EE Cruz has opted to go with the optional $5M Loss Limit. Based on the revised value, we would liketo get the
premium down to $50MM including tax and tria.As well EE Cruz would like to include $1M in soft costs.
Please review and letme know ifyou have any questions.
Sincerely,
Hyland
Hyland S. Knecht
Vice President
McGriff, Seibels & Williams, Inc.
Birmingham, Alabama
205-581-9279 Direct
205-583-9551 Fax
205-492-6374 Cell
From: Esmay, Phil [mailto:PEsmay_@eecruz.com]
Sent: Thursday, April 27, 2017 1:15 PM
To: Sara Kessler (external) ; Anerella, Jeannine ; Dier, Jay
; Molon, Steve ; Poliafico, Joe
Ce: Pine, Glenn/TSIB (external) ; Kristin Wisner ; Hyland Knecht
EECRUZ014912
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Subject: RE: Region 8 Bridge Replacement - Contract D900036
Sara, responses to your questions below:
Sincerely,
Philip Esmay
Senior Estimator
E.E.C.ruz & Company, Inc.
13th
32 Avenue of the Americas, Floor
New N.Y.
York., 10013
212.431.3993tel
212.431.3996 fax
p_e__max@eecruz.com
..........................................................................................................................................................................................................................................................................................................
From: Sara -
Kessler, (TSIB) [mailto:skessler@tsibinc.com]
Sent: Wednesday, April 26, 2017 5:07 PM
To: Anerella, Jeannine ; Dier, Jay ; Molon, Steve
; Esmay, Phil ; Poliafico, Joe
Ce: Pine, Glenn/TSIB (external) ; kwisner@mcgriff.com; Hyland Knecht
(HKnecht@McGriff.com)
Subject: RE: Region 8 Bridge Replacement - Contract D900036
Importance: High
Hello Jeannine,
Can you aid in providing the following answers and information in regards to the project?
Accepted Contract Value - $69,8 18,200
When does the design period startand how does itlast before work starts? - 5/1/17 work starts 9/1/17
long
When does the on-site work start? 8/1/17
EECRUZ014913
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Did the Owner clarify the intent of the Builder's Risk requirements? Use option b.
performed"
a. Are you required to provide coverage for "covering the totalvalue of work as required in
Part 1- DB Agreement - Article 17.B.7 which I would take to mean the full CV O_R
b. Are you required to provide a $5M Loss Limit subject to a $100K deductible as listedin Part 2,
Design Build Section 100 - Paragraph DB 107-27.3 (which the contractor isdirected to inthe same
paragraph as the above requirement)
What isthe dollar amount included in the bid for: - We carried amounts commensurate with the indications you sent
prior to the bid which were adjusted to the actual bid value where applicable. We are expecting that TSIB will
shop/buy out both policies for the most economic solution.
a. Builder's Risk
b. Special Protective & Highway Liability Policy
The Owner's requirements state (on Part 1- DB Agreement - Article 17) that the "DB shall procure...and maintain in
force at alltimes during the term of this contract including extensions or renewals until Final Acceptance of the
Contract". - No specific has to be fullterm.
dates,
We can bind coverage and provide certificates for the project-specific Builder's Risk and Special Protective to be sent
with your executed contract, however, these policies can have effective dates that are different dates than the date the
polices were bound and a certificate sent, ifthis isallowed by the Owner. With that in mind, please provide the
specific effective and expiration dates for:
a. Builder's Risk (Perhaps you would not want to include the design period in the duration of thispolicy
ifthere was no work performed during the design period thatwould be covered by this policy.
However, ifthe Owner requires you to have the policy in place during the entire duration of the project
[design and construction], we will obviously comply.)
b. Special Protective & Highway Liability Policy
In order to fine-tune the Builder's Risk can you please send the requested documentation: - See
pricing, following
attachments for Schedule, Price break down and allof the geotech. data that we were provided. I will follow up with
the plans and elevations.
a. Breakdown of Construction Contract by Bridge or other major work elements
b. Critical Path or Bar Chart/Time Line/GANT Chart
c. Site or Plot Plan
d. Elevation Plan
e. Summary Geotechnical Report
Sara Kessler,CRIS | Broker
Phone: 201-267-7518 | Email: skessler@tsibinc.com
Turner Surety and Insurance Brokerage
Mack-Cali Centre II | 650 From Road, Suite 295 | Paramus, New Jersey 07652
EECRUZ014914
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
www.tsibine.com
TS B
CA License# OE81386
..........................................................................................................................................................................................................................................................................................................
............................
From: Anerella, Jeannine [mailto:JAnerella@eecruz.com]
Sent: Wednesday, April 26, 2017 10:59 AM
To: Sara - Hyland Knecht
Kessler, (TSIB); kwisner@mcgriff.com; (HKnecht@McGriff.com)
Cc: Glenn -
Pine, (TSIB)
Subject: Region 8 Bridge Replacement - Contract D900036
Good morning
As you are aware we were awarded the above referenced project. Please provide the insurance documentation as soon
as possible as that is something thatwe are required to submit ASAP. Please letme know how long itwill take forme
to receive everything from you since there are project specific policies required.
Thank you
Jeannine Anerella
E.E. Cruz & Company, Inc.
32 Avenue of the Americas
13th
Floor
New York, New York 10013
(212) 431-3993
janerella@eecruz.com
EECRUZ014915
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Please be advised insurance coverage cannot be altered, bound or cancelled by voicemail, email, fax, or online via our
website and insurance coverage is not effectiveuntil confirrned in writing by a licensed agent.
The inforrnation in thistransmission may contain proprietary and non-public information of McGriff, Seibels & Williams,
Inc.,BB&T or their affiliates
and may be subject to protection under the law. The message is intended for the sole use
of the individual or entity to which it
is addressed. If you are not the intended recipient, you are notified that any use,
distribution or copying of the message isstrictlyprohibited If you received thisrnessage in error,please delete the
material from your system without reading the content and notifythe sender immediately ofthe inadvertent
transmission.
EECRUZ014916
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Course of Construction / Builder's Risk Insurance
Term Extension Questionnaire
Answers to the questions below provide informationnecessary to underwritethe term extension. Please provide this
information priortoexpiry of thecurrent policyperiod.
Name of Insured: E. E. Cruz & Company, Inc.
Project Name: Region 8 Bridge Replacement
Policy Number: SLSTCON11432617
Original Policy Period on the Declarations: From: 06/01/2017 To: 04/10/2019
Current Expiry Date of the Policy: 4/10/2019
1. To what date isthe term extension required? 6/30/2019
2. What is(are) the reason(s) the term extension is required? XX unable to complete work at
Sawmill River Parkway due to differing sitecondition encountered during the caisson installation.
3. Indicate any change there willbe from the:
a) original scope of the work: N/A
b) original value of the project: N/A
c) original testing & commissioning period:
4. Status of the project as of the date of completion of thisquestionnaire (please indicate in thisanswer
only the hard costs and not the soft costs):
a) percentage of the total project works completed: XX 95%
b) approximate dollarvalue of work completed to date: XX $ 66 million
c) approximate dollarvalue of the work remaining to be completed: $ 3,400,000
Please note that your answers for (b) and (c)combined should add up to the total construction costs
(Hard Costs) listed in the Policy Declarations. Ifa limitincrease isrequired on the Builder's Risk
policy,please advise.
5. Occupancy:
a) Please provide details on the extent of occupancy of the project as of today's date: N/A These are
bridges
b) Ifadditional occupancy is expected from today's date to the new expiry date requested, please
provide details (anticipated date and nature of occupancy, % of the project occupied, etc.):
6. Listallreported claims including date of loss, cause and estimated amount: Date of loss was
11/16/18. Caisson installed at bridge 719 pier 2 shaft 2 could not be used due to unknown aquifer
flowing underneath shaft, hence differingsite condition. Approximate damage 5 million.
Is the applicant aware of any loss(es) or circumstances that might reasonably be expected to give
riseto a claim or claims that have not already been reported to the Insurer(s)?
Yes ¡ No X
If yes,provide details:
EECRUZ014917
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022
Completed by: Date:
EECRUZ014918
Preview
FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 EXHIBIT 24 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Kristin" From: "Wisner, Singh' Hyland" To: 'Pattie , "Knecht, Leto' , 'Douglas Subject: RE: Reg. Rev. Prem. -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617--- Exp. 6-30-19 Date: Tue, 9 Apr 2019 16:00:59 +0000 Importance: Normal Attachments: Starr_Construction_-Policy_Extension_Questionnaire.doc Infine-Images: image004.jpg; image005.jpg; image006.jpg; image007.png Pattie, Attached isthe completed Extension application. Please bind this extension and send us the documentation at your earliest. Thank you for allyour help. Kristin Wisner, CIC, CISR Account Manager McGriff, Seibels & Williams, Inc. 2211 7th Avenue South | Birmingham, AL 35233 205.581.9428 p | 205.583.9551 f McGRIFE SE1BELS &WEUAMS, INC . CONSTAHCTION AlSK SERVICES ... .......................................................................................................................................................................................................................................................................................................... From: Pattie Singh Sent: Friday, April 05, 2019 8:12 AM To: Kristin Wisner ; Hyland Knecht ; Douglas Leto EECRUZ014900 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Subject: Reg. Rev. Prem. -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617---Exp. 6-30-19 [* This email contains attachments or links from an unverified sender. DO NOT open attachments or click links without verifying the sender. *] Hi Kristin, good morning. Kristin, the new premium forExtending this policy to hei Q be$$Æ$¼-also please complete the attached Policy Extension Questionnaire in order to process this Extension. .Bestregards, PattieSingh Underwriting Assistant StarrTechnical Risks - A Division within Starr Companies Agency 3rd 399 Park Avenue, Floor New York, NY 10022 Telephone: (212)884-0547 ......................................................................................................................................................................................................................................................................................................... From: Kristin Wisner Sent: Thursday, April 4, 2019 5:44 PM To: Pattie Singh ; Hyland Knecht ; Douglas Leto Subject: RE: Reg. Prem. for Exp. on -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617 Policy This email originated from outside of Starr. Pattie, They have revised the new expiration date to 6/30/19. Can you please provide the revised premium arnount. Thank you, EECRUZ014901 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Kristin Wisner, CIC, CISR Account Manager McGriff, Seibels & Williams, Inc. 2211 7th Avenue South | Birmingham, AL 35233 205.581.9428 p j 205.583.9551 f McGRIFF.$ElBELS &tlLLIAMS,1NC C ONSTRU CTION AISK SERVICES .......................................................................................................................................................................................................................................................................................................... From: Pattie Singh Sent: Thursday, April 04, 2019 2:47 PM To: Kristin Wisner ; Hyland Knecht ; Douglas Leto Subject: Reg. Prem. for Exp. on -EE Cruz - Region 8 Bridge Replacement -SLSTCON11432617 Policy [* This email contains attachments or links from an unverified sender. DO NOT open attachments or click links without verifying the sender. *] Hi Kristin, good afternoon. Kristin, Doug Leto agree to extend thispolicy to June 1,2019 foran additional premium of S3MO --ples letus know ifyou accept this prem. and also con tete the attached Policy htension Quest ionnai e Best regards, PattieSingh Underwriting Assistant StarrTechnical Risks - A Division within Starr Companies Agency EECRUZ014902 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 3rd 399 Park Avenue, Floor New York, NY 10022 From: Kristin Wisner Sent: Thursday, April 4, 2019 9:50 AM To: Pattie Singh ; Hyland Knecht ; Douglas Leto Subject: RE: Reg. Exp. on April 2019 for -EE Cruz - Region 8 Bridge Replacement - Final # Policy 10, Policy SLSTCON11432617 j E dern a!! This email originated from outside of Starr. Hi Pattie, The insured has confirmed thatthey will need to extend the policy coverage until 6/1/19. I have requested the scope of work remaining and the values and will send that information as soon as the insured has provided. Please letme know what additional information you will need in order to process this. Thank you, Kristin Wisner, CIC, CISR Account Manager McGriff, Seibels & Williams, Inc. 2211 7th Avenue South | Birmingham, AL 35233 205.581.9428 p j 205.583.9551 f McGRIFF, $EIBE) &WIWAMS INC. C O N STRUCTION RISK SERVICES EECRUZ014903 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 From: Pattie Singh Sent: Monday, March 04, 2019 11:51 AM To: Hyland Knecht ; Douglas Leto Ce: Kristin Wisner Subject: Reg. Exp. on April 2019 for -EE Cruz - Region 8 Bridge Replacement - Final # Policy 10, Policy SLSTCON11432617 [* This email contains attachments or links from an unverified sender. DO NOT open attachments or click links without verifying the sender. *] Hi Hyland, good afternoon. Hyland, please note that the attached Policy will Exp. on April 10, 2019-please review and letus know ifany extension isneeded for EE Cruz-- # SLSTCON11432617. Policy Best regards, PattieSingh Underwriting Assistant StarrTechnical Risks - A Division within Starr Companies Agency 3rd 399 Park Avenue, Floor New York, NY 10022 Telephone: (212)884-0547 From: Hyland Knecht Sent: Thursday, August 17, 2017 12:11 PM To: Pattie Singh ; Douglas Leto Ce: Kristin Wisner Subject: RE: Reg. EE Cruz - Region 8 Bridge Replacement - Final # SLSTCON11432617 Policy Thank you Pattie. EECRUZ014904 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Hyland S. Knecht Vice President McGriff, Seibels & Williams, Inc. Birmingham, Alabama 205-581-9279 Direct 205-583-9551 Fax 205-492-6374 Cell From: Pattie Singh [mailto:Pattie.Singh@starrcompanies.com] Sent: Thursday, August 17, 2017 9:28 AM To: Douglas Leto ; Hyland Knecht Ce: Kristin Wisner Subject: Reg. EE Cruz - Region 8 Bridge Replacement - Final # SLSTCON11432617 Policy [* This email contains attachments or links from an unverified sender. DO NOT open attachments or click links without verifying the sender. *] Hi Hyland, good morning. on behalf of Leto please find attached a copy of our Final for EE Cruz - Region 8 Bridge Hyland, Doug Policy Replacement - # SLSTCON11432617. Policy Please review and letus know ifyou need anything else. Best regards, PattieSingh Underwriting Assistant StarrTechnical Risks - A Division within Starr Companies Agency 9th 399 Park Avenue, New York, NY 10022 Telephone: (212)884-0547 EECRUZ014905 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Fax: (646) 417-6382 Pattie.Singh@starrcompanies.com www.starrcompanies.com Learn More About Starr Companies Starr Companies is the worldwide marketing name for the operating insurance and travel assistance companies and subsidiaries of Starr International Company, Inc. and for the investment business of C. V. Starr & Co., Inc. and itssubsidiaries. This e-mail and any attachments hereto are intended only for the use of the addressee(s) named herein and may be confidential, non-public, proprietary, protected by the attorney/client or other privilege. Unauthorized reading, distribution, copying, saving or other use of this communication is prohibited and may be unlawful. Receipt by anyone other than the named addressee(s) shall not be deemed a waiver of any privilege or protection. If you are not a named addressee or if you believe that you have received this e-mail in error, please notify the sender immediately and delete all copies from your computer system without reading, distributing, copying, saving or otherwise using itin any manner. We do not warrant or represent in any way that this communication is free of malicious software or potentially damaging defects. All liability for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt, opening or use of this e-mail is expressly disclaimed. * * * .......................................................................................................................................................................................................................................................................................................... From: Douglas Leto Sent: Wednesday, May 03, 2017 10:14 AM To: Hyland Knecht Ce: Pattie Singh ; Kristin Wisner Subject: RE: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617 Policy Hyland, Attached please find by Binder for EE Cruz. Let me know ifyou need anything else. EECRUZ014906 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Best regards, Doug 212/884-0529 From: Hyland Knecht [mailto:HKnecht McGriff.com] Sent: Monday, May 01, 2017 3:43 PM To: Douglas Leto Ce: Pattie Singh ; Kristin Wisner Subject: RE: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617 Policy Thanks Doug Hyland S. Knecht Vice President McGriff, Seibels & Williams, Inc. Birmingham, Alabama 205-581-9279 Direct 205-583-9551 Fax 205-492-6374 Cell From: Douglas Leto [mailto Douglas.Leto@starrcompanies.com] Sent: Monday, May 01, 2017 2:36 PM To: Hyland Knecht Ce: Pattie Singh Subject: FW: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617 Policy Hyland, EECRUZ014907 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Policy No. below. Binder to follow separately. Best regards, Doug 212/884-0529 From: Pattie Singh Sent: Monday, May 01, 2017 3:27 PM To: Douglas Leto Subject: Reg. EE Cruz - Region 8 Bridge Replacement - # SLSTCON11432617 Policy Hi Doug, The number for EE Cruz - Region 8 Bridge Replacement is -SLSTCON11432617. policy Best regards, PattieSingh UIderwriting Assistant StarrTechnical Risks - A Division within Starr Companies Agency 9th 399 Park Avenue, Floor New York, NY 10022 Telephone: (212)884-0547 Fax: (646) 417-6382 Pattie.Singh@starrcompanies.com EECRUZ014908 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 www.starrcompanies.com Learn More About Starr Companies Starr Companies is the worldwide marketing name for the operating insurance and travel assistance companies and subsidiaries of Starr International Company, Inc. and for the investment business of C. V. Starr & Co., Inc. and itssubsidiaries. This e-mail and any attachments hereto are intended only for the use of the addressee(s) named herein and may be confidential, non-public, proprietary, protected by the attorney/client or other privilege. Unauthorized reading, distribution, copying, saving or other use of this communication is prohibited and may be unlawful. Receipt by anyone other than the named addressee(s) shall not be deemed a waiver of any privilege or protection. If you are not a named addressee or if you believe that you have received this e-mail in error, please notify the sender immediately and delete all copies from your computer system without reading, distributing, copying, saving or otherwise using itin any manner. We do not warrant or represent in any way that this communication is free of malicious software or potentially damaging defects. All liability for any actual or alleged loss, damage, or injury arising out of or resulting in any way from the receipt, opening or use of this e-mail is expressly disclaimed. * * * .......................................................................................................................................................................................................................................................................................................... From: Douglas Leto Sent: Monday, May 01, 2017 2:51 PM To: Pattie Singh Subject: FW: Region 8 Bridge Replacement - Contract D900036 Pattie, Please get a Policy No. for this project. Best regards, Doug 212/884-0529 EECRUZ014909 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 From: Hyland Knecht [mailto:HKnecht@M__cGrifffsom] Sent: Monday, May 01, 2017 2:26 PM To: Douglas Leto Ce: Kristin Wisner Subject: FW: Region 8 Bridge Replacement - Contract D900036 Doug, Please bind coverage effective 6/1/2017 excluding TRIA. Please forward binders and policy numbers as soon as possible. Sincerely, Hyland Hyland S. Knecht Vice President McGriff, Seibels & Williams, Inc. Birmingham, Alabama 205-581-9279 Direct 205-583-9551 Fax 205-492-6374 Cell From: Douglas Leto [mailto:Douglas.Leto@starrcompanies.com] Sent: Friday, April 28, 2017 11:19 AM To: Hyland Knecht Subject: RE: Region 8 Bridge Replacement - Contract D900036 EECRUZ014910 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Hyland, Attached is my revised quote. Best regards, Doug 212/884-0529 From: Hyland Knecht [mailto:HKnecht@McGriff.com] Sent: Friday, April 28, 2017 11:45 AM To: Douglas Leto Subject: FW: Region 8 Bridge Replacement - Contract D900036 FYI Hyland S. Knecht Vice President McGriff, Seibels & Williams, Inc. Birmingham, Alabama 205-581-9279 Direct 205-583-9551 Fax 205-492-6374 Cell From: Hyland Knecht Sent: Thursday, April 27, 2017 2:27 PM EECRUZ014911 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 To: Douglas Leto Ce: Kristin Wisner ; Sara Kessler Subject: FW: Region 8 Bridge Replacement - Contract D900036 Doug, Attached you will attachments for Schedule, Price break down and allof the geotech data thatwe were provided. The project Contract Value has been revised to $69,818,200 with estimated starton 5/1/2107 and completion on 5/12019. EE Cruz has opted to go with the optional $5M Loss Limit. Based on the revised value, we would liketo get the premium down to $50MM including tax and tria.As well EE Cruz would like to include $1M in soft costs. Please review and letme know ifyou have any questions. Sincerely, Hyland Hyland S. Knecht Vice President McGriff, Seibels & Williams, Inc. Birmingham, Alabama 205-581-9279 Direct 205-583-9551 Fax 205-492-6374 Cell From: Esmay, Phil [mailto:PEsmay_@eecruz.com] Sent: Thursday, April 27, 2017 1:15 PM To: Sara Kessler (external) ; Anerella, Jeannine ; Dier, Jay ; Molon, Steve ; Poliafico, Joe Ce: Pine, Glenn/TSIB (external) ; Kristin Wisner ; Hyland Knecht EECRUZ014912 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Subject: RE: Region 8 Bridge Replacement - Contract D900036 Sara, responses to your questions below: Sincerely, Philip Esmay Senior Estimator E.E.C.ruz & Company, Inc. 13th 32 Avenue of the Americas, Floor New N.Y. York., 10013 212.431.3993tel 212.431.3996 fax p_e__max@eecruz.com .......................................................................................................................................................................................................................................................................................................... From: Sara - Kessler, (TSIB) [mailto:skessler@tsibinc.com] Sent: Wednesday, April 26, 2017 5:07 PM To: Anerella, Jeannine ; Dier, Jay ; Molon, Steve ; Esmay, Phil ; Poliafico, Joe Ce: Pine, Glenn/TSIB (external) ; kwisner@mcgriff.com; Hyland Knecht (HKnecht@McGriff.com) Subject: RE: Region 8 Bridge Replacement - Contract D900036 Importance: High Hello Jeannine, Can you aid in providing the following answers and information in regards to the project? Accepted Contract Value - $69,8 18,200 When does the design period startand how does itlast before work starts? - 5/1/17 work starts 9/1/17 long When does the on-site work start? 8/1/17 EECRUZ014913 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Did the Owner clarify the intent of the Builder's Risk requirements? Use option b. performed" a. Are you required to provide coverage for "covering the totalvalue of work as required in Part 1- DB Agreement - Article 17.B.7 which I would take to mean the full CV O_R b. Are you required to provide a $5M Loss Limit subject to a $100K deductible as listedin Part 2, Design Build Section 100 - Paragraph DB 107-27.3 (which the contractor isdirected to inthe same paragraph as the above requirement) What isthe dollar amount included in the bid for: - We carried amounts commensurate with the indications you sent prior to the bid which were adjusted to the actual bid value where applicable. We are expecting that TSIB will shop/buy out both policies for the most economic solution. a. Builder's Risk b. Special Protective & Highway Liability Policy The Owner's requirements state (on Part 1- DB Agreement - Article 17) that the "DB shall procure...and maintain in force at alltimes during the term of this contract including extensions or renewals until Final Acceptance of the Contract". - No specific has to be fullterm. dates, We can bind coverage and provide certificates for the project-specific Builder's Risk and Special Protective to be sent with your executed contract, however, these policies can have effective dates that are different dates than the date the polices were bound and a certificate sent, ifthis isallowed by the Owner. With that in mind, please provide the specific effective and expiration dates for: a. Builder's Risk (Perhaps you would not want to include the design period in the duration of thispolicy ifthere was no work performed during the design period thatwould be covered by this policy. However, ifthe Owner requires you to have the policy in place during the entire duration of the project [design and construction], we will obviously comply.) b. Special Protective & Highway Liability Policy In order to fine-tune the Builder's Risk can you please send the requested documentation: - See pricing, following attachments for Schedule, Price break down and allof the geotech. data that we were provided. I will follow up with the plans and elevations. a. Breakdown of Construction Contract by Bridge or other major work elements b. Critical Path or Bar Chart/Time Line/GANT Chart c. Site or Plot Plan d. Elevation Plan e. Summary Geotechnical Report Sara Kessler,CRIS | Broker Phone: 201-267-7518 | Email: skessler@tsibinc.com Turner Surety and Insurance Brokerage Mack-Cali Centre II | 650 From Road, Suite 295 | Paramus, New Jersey 07652 EECRUZ014914 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 www.tsibine.com TS B CA License# OE81386 .......................................................................................................................................................................................................................................................................................................... ............................ From: Anerella, Jeannine [mailto:JAnerella@eecruz.com] Sent: Wednesday, April 26, 2017 10:59 AM To: Sara - Hyland Knecht Kessler, (TSIB); kwisner@mcgriff.com; (HKnecht@McGriff.com) Cc: Glenn - Pine, (TSIB) Subject: Region 8 Bridge Replacement - Contract D900036 Good morning As you are aware we were awarded the above referenced project. Please provide the insurance documentation as soon as possible as that is something thatwe are required to submit ASAP. Please letme know how long itwill take forme to receive everything from you since there are project specific policies required. Thank you Jeannine Anerella E.E. Cruz & Company, Inc. 32 Avenue of the Americas 13th Floor New York, New York 10013 (212) 431-3993 janerella@eecruz.com EECRUZ014915 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Please be advised insurance coverage cannot be altered, bound or cancelled by voicemail, email, fax, or online via our website and insurance coverage is not effectiveuntil confirrned in writing by a licensed agent. The inforrnation in thistransmission may contain proprietary and non-public information of McGriff, Seibels & Williams, Inc.,BB&T or their affiliates and may be subject to protection under the law. The message is intended for the sole use of the individual or entity to which it is addressed. If you are not the intended recipient, you are notified that any use, distribution or copying of the message isstrictlyprohibited If you received thisrnessage in error,please delete the material from your system without reading the content and notifythe sender immediately ofthe inadvertent transmission. EECRUZ014916 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Course of Construction / Builder's Risk Insurance Term Extension Questionnaire Answers to the questions below provide informationnecessary to underwritethe term extension. Please provide this information priortoexpiry of thecurrent policyperiod. Name of Insured: E. E. Cruz & Company, Inc. Project Name: Region 8 Bridge Replacement Policy Number: SLSTCON11432617 Original Policy Period on the Declarations: From: 06/01/2017 To: 04/10/2019 Current Expiry Date of the Policy: 4/10/2019 1. To what date isthe term extension required? 6/30/2019 2. What is(are) the reason(s) the term extension is required? XX unable to complete work at Sawmill River Parkway due to differing sitecondition encountered during the caisson installation. 3. Indicate any change there willbe from the: a) original scope of the work: N/A b) original value of the project: N/A c) original testing & commissioning period: 4. Status of the project as of the date of completion of thisquestionnaire (please indicate in thisanswer only the hard costs and not the soft costs): a) percentage of the total project works completed: XX 95% b) approximate dollarvalue of work completed to date: XX $ 66 million c) approximate dollarvalue of the work remaining to be completed: $ 3,400,000 Please note that your answers for (b) and (c)combined should add up to the total construction costs (Hard Costs) listed in the Policy Declarations. Ifa limitincrease isrequired on the Builder's Risk policy,please advise. 5. Occupancy: a) Please provide details on the extent of occupancy of the project as of today's date: N/A These are bridges b) Ifadditional occupancy is expected from today's date to the new expiry date requested, please provide details (anticipated date and nature of occupancy, % of the project occupied, etc.): 6. Listallreported claims including date of loss, cause and estimated amount: Date of loss was 11/16/18. Caisson installed at bridge 719 pier 2 shaft 2 could not be used due to unknown aquifer flowing underneath shaft, hence differingsite condition. Approximate damage 5 million. Is the applicant aware of any loss(es) or circumstances that might reasonably be expected to give riseto a claim or claims that have not already been reported to the Insurer(s)? Yes ¡ No X If yes,provide details: EECRUZ014917 FILED: NEW YORK COUNTY CLERK 10/28/2022 05:53 PM INDEX NO. 652321/2020 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 10/28/2022 Completed by: Date: EECRUZ014918