Preview
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
EXHIBIT BB
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
Zurich 9299553
Liberty 012207824/015203967
Federal 82464330
Continental 30026149
BHSI 47-SUR-300013-01-0173
BOND NUMBER
ARTICLE 16.15 - FORM OF PERFORMANCE BOND
Know all men by these presents, that,
Skanska ECCO III 2 JV
of 75-20 Astoria Boulevard, Suite 200, East Elmhurst, NY 11370
(hereinafter called the "Principal")
Zurich American Insurance Company/Liberty Mutual Insurance Company/Federal Insurance Company/
The Continental Insurance Company/Berkshire Hathaway Specialty Insurance Comp
and existing under the laws of the State of NY/MA/IN/PA/NE
1299ZurichWay,Schaumburg, ll 60196
175BerkeleyStreet,Boston,MA 02116
202BHall'sMill Road,Whitehouse Station,NJ 08889
its principal office in N a Stree hica I 60606 and authorized to do business
having
in the State of New York, (hereinafter called the "Surety") are held and firmly bound to Metro-
North Commuter Railroad Company (hereinafter called "Metro-North") and its successors and
assigned in the full and just sum of
Three Hundred Sixty Five Million Ninety Three Thousand
and 00/100--------------------------------------------------------------------- Dollars ($365,093,000.00 )
good and lawful money of the United States of America, for the payment of which sum of
money, well and truly to be made and done, the Principal binds itself, its successors and assigns,
and the Surety binds itself, its successors or assigns, jointly and severally, firmly by these
presents.
Whereas, the Principal has entered into a Contract in writing with Metro-North, which is
incorporated herein by reference as though herein set forth in full and which is designated
Contract No. 81933 (hereinafter called the "Contract") for Design and Construction Services for
the Harmon Replacement Program - Phase V - Stage 2.
Shop
NOW, THEREFORE, the conditions of this obligation are such that if the Principal well,
truly and faithfully complies with and performs all of the terms, covenants and conditions of the
Contract on its part to be kept or performed and all changes, alterations, modifications,
aniendments and additions to the Contract that may be made, according to the true intent and
meaning of the Contract, then this obligation shall be null and void, otherwise to remain in full
force and effect.
And the Surety, for value received, hereby stipulates and agrees that, if requested to do so
by Metro-North, it shall fully perform and complete all of the Work mentioned and described in
the Contract pursuant to all of the terms, conditions and covenants of the Contract if for any
cause or reason the Principal fails to or does not so fully perform and complete said Work. The
Surety, for value received, hereby further stipulates and agrees to commence the completion of
all of said Work within ten (10) days after notice to do so from Metro-North, and to perform and
complete all of said Work with all due diligence.
219
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
And the Surety, for value received, hereby stipulates and agrees that the obligations of the
Surety and this bond shall be in no way impaired or affected by any winding up, insolvency,
bankruptcy or reorganization of the Principal or any other rearrangement of the Principal for the
benefit of creditors.
And the Surety, for value received, hereby stipulates and agrees that the obligations of the
Surety and this bond shall be in no way impaired or affected by any extension of time or
forbearance, modification, omission, addition or change in or to the Contract or the Work to be
performed thereunder, or by any supervision or inspection or omission to supervise or inspect the
Work thereunder, or by any payment thereunder prior to the time provided for therein, or by any
waiver of any provision or condition thereof (whether precedent or subsequent), or by settlement
or compromise of any claim or dispute relating thereto, or by any assignment, subletting or other
transfer thereof or of any part thereof, or of any Work to be performed, or any monies due or to
become due thereunder; and the Surety does hereby expressly waive notice of any and all of such
extensions, forbearances, modifications, omissions, additions, changes, payments, waivers,
settlement, compromises, assignments, subcontracts and transfers.
And the Surety, for value received, hereby stipulates and agrees that any and all things
done or omitted to be done by or in relation to any and all assignees, Subcontractors or other
transferees shall have the same effect as to the Surety as though done or omitted to be done by or
in relation to the Principal.
And the Surety, for value received, hereby stipulates and agrees that no demand made
under this bond shall constitute a waiver of the right of Metro-North to make a subsequent
demand under this bond, subject to the limitation of the amount obligated.
Words in this bond used in the singular number shall be deemed to include the plural
number and words in this bond used in the plural number shall be deemed to include the singular
number.
Words of the neuter gender used in this bond shall be deemed to include words of the
masculine or feminine gender and words of the masculine gender shall be deemed to include
words of the neuter or feminine gender.
This bond shall be construed and enforced in accordance with the laws of the State of
New York. The venue of any lawsuit commenced under this bond shall be in the City, State and
County of New York.
IT IS FURTHER EXPRESSLY AGREED that the acceptance of this bond Metro-
by
North shall in no way, for any purpose, limit or be claimed to limit the liability of the Principal
under the Contract, but such liability shall remain in all respects to the same extent as is provided
for in the Contract.
IN TESTIMONY WHEREOF, the Principal has hereunto set its hand and, if a
corporation, its seal, and the Surety has caused this instrument to be signed by its duly authorized
officer or Attorney-In-Fact, and its corporate seal to be hereunto affixed.
Signed and sealed this 5th day of November , 20 18
220
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
Signed and delivered the P nc al: Skanska ECCO III 2 JV
B t legal nam of the Prmcipal) Title of Principal
76me.5 B tNte ll o
itnessed in the presence of:
By (Full legal name of the Witness) Title of Witness
Ld A A Sc kartr
(Corporate Seal of the Principal if a Corporation):
Signed by the Surety:
ZurichAmericanInsuranceCompany/LibertyMutualInsuranceCompany
FederalInsuranceCompany/The ContinentalInsuranceCompany
BerkshireHathawaySpecialtyInsuranceCompany , ')
(Full legal name of the Surety) 11 legal nam epre ntative)
Sandra C. Lopes, Attorney-in-Fa
Witnesse n e p ence of:
Witness
By (Full legal niifii-oFtfhe Witness) Title of Witness
Sylvanna Geha
(Corporate seal of Surety):
221
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
FORM
OF
ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION
STATE OF t e... )
) s.s
COUNTY OF )
On the day of , 20 ,
before me personally came
to me known, who, being by me duly sworn, did depose and say that he resides at
that he is the
of
one of the corporations described in and which executed
the foregoing instrument; that he knows the seal of said
corporation; that one of the seals affixed to said instrument
is such seal; that it was so affixed by order of the Board
of Directors of said corporation; and that he signed his name thereto by like order.
Notary Public
ACKNOWLEDGEMENT BY PRINCIPAL, IF A PARTNERSHIP
STATE OF N )Mo )
) s.s
COUNTY OF COX )
On the day of HOVA , 20 ,
before me personally appeared S xt t (A t
to me known and known to me to be one of the members of the firm of
S 0sh Ecco I t 2 3V
described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as
and for the act and deed of said firm.
Notary Public
LETITIA SCHERER
NOTARY PUBLIC, State of
New York
No. O1SC4975928
Quahfied in Queens
County
Commission Expires
Dec.26,20_.f
222
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
ACKNOWLEDGEMENT BY PRINCIPAL, IF AN INDIVIDUAL
STATEOF )
) s.s
COUNTY OF )
On the day of , 20 ,
before me personally appeared
to me known and known to me to be the person described in and who executed the foregoing instrument and
acknowledged that he executed the same.
Notary Public
* * * * * * * * * *
Affix Acknowledgement and Justification of Sureties
together with Certificate of Qualification pursuant
to Section 11 I1 of Insurance Law.
223
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
ACkNOWLEDGMENT OF SURETY COMPANY
Massachusetts
STATE OF " "' "'
ffo,k SS
COUNTY O . ...................
. 5th day of N.ovember, 2018 Sandra C. Lopes
On this ................................................, before me personally came .............................................................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
..............s,uffo,I.k he/she is the Attomey-in-Fact
County.........................., State of ..Massachusetts..........., that of the
........*°°. .*.'°."................................................................. the corporation described in which executed the
above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is
such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/shesigned
hi.s/her name thereto by like ordeq and the affiant did further depose and say that the Superintendent of
Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New
York, issued to ...*..S.ee.b.ei.ow........................................................................ (Surety) his/her certificate of
qualification evidencing the qualification of said Company and its sufficiency under any law the Stat of New
York as surety and guarantor, and the propriety of accepting and approving i a s h; at such rtificate
has not been revoked.
..................................... ...... .. ........ ... ..... ..............
*
Ni le o
Not
NICOLE ROY
W adno gcment COMMO OFM ACHUSETTS
Expires
My Commission
July 11, 2025
* Zurich American Mutual Insurance Company, Federal InsuranTe o paTy,ThiContinental Insurance Company,
Insurance Company, Liberty
Berkshire Hathaway Specialty Insurance Company
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
Zurich 9299553
Liberty 012207824/015203967
Federal 82464330
Continental 30026149
BHSI 47-SUR-300013-01-0173
BOND NUMBER
ARTICLE 16.16 - FORM OF PAYMENT BOND
Know all men by these presents, that
Skanska ECCO III 2 JV
of 75-20 Astoria Boulevard, Suite 200, East Elmhurst, NY 11370
(hereinafter called the "Principal")
and Zurich American Insurance Company/Liberty Mutual Insurance Company/Federal Insurance Company/
The Continental Insurance Company/Berkshire Hathaway Specialty Insurance Company
(hereinafter called the "Surety")
and held bound to Metro-North Commuter Railroad (hereinafter called "Metro-
firmly Company
-North"), in the just sum of Three Hundred Sixty Five Million Ninety Three
Thousand and 00/100--------------------------------------------------------------------- Dollars ($ 365,093,000.00 )
good and lawful money of the United States of America, for the payment of which sum of
money, well and truly to be made and done, the Principal binds itself, its successors and assigns,
and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these
presents.
Whereas, the Principal has, by written agreement, dated October 31 , 20 18
entered into Contract with Metro-North for Contract No. 81933 which Contract is by reference
"Contract."
made a part hereof and is hereinafter referred to as the
Now, therefore, the condition of this obligation is such, that if the said Principal shall
promptly pay all monies due to all persons furnishing labor or materials to him or his
Subcontractors in the performance of the Work provided for in said Contract, then this obligation
shall be void, otherwise to remain in full force and effect;
Provided, however, that all rights and remedies on this bond shall inure solely to such
persons and shall be determined in accordance with the provisions, conditions and limitations of
Section 138 of the State Finance Law to the same extent as if they were copied at length herein;
224
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
and further, provided, the place of trial of any action on this bond shall be in the county which
the said Contract was to be performed, of if said Contract was to be performed in more than one
county, then in any such county, and not elsewhere.
Signed and sealed this 5th day of November , 20 18
Signed and delivered the in inal: Skanska ECCO IH 2 JV
y ull legal n nfe of the Principal) Title of Princ
Witnessed in the presence of:
By(Full legal name of the Witness) Title of Witness
LA b A khuer
(Corporate Seal of the Principal if a Corporation):
Signed by the Surety:
Zurich American Insurance Company/Liberty Mutual InsuranceCompany/
Federal Insurance Company/The Continental InsuranceCompany/
Berkshire Hathaway Specialty Insurance Company
(Full legal name of the Surety) ull legal nam Repr entative)
Sandra C. Lopes, Attorney-in-Fa
*
Witness ence of:
Witness
By (Full legal name of the titness) Title of Witness
Sylvanna Geha
(Corporate seal of Surety):
225
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
FORM
OF
ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION
STATEOF )
) s.s
COUNTY OF )
On the day of , 20 ,
before me personally came
to me known, who, being by me duly sworn, did depose and say that he resides at
that he is the
of
one of the corporations described in and which executed
the foregoing instrument; that he knows the seal of said
corporation; that one of the seals affixed is such seal; that it was so affixed by order of the Board
to said instrument
of Directors of said corporation; and that he signed his name thereto by like order.
Notary Public
ACKNOWLEDGEMENT BY PRINCIPAL, IF A PARTNERSHIP
STATE OF Nayed )
) s.s
COUNTY OF )
On the day of O / , , 20 Î ,
before me personally appeared A h^£S \ C A b
to me known and known to me to be one of the members of the firm of
hsh EÂco Itt 2.3V
described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as
and for the act and deed of said firm.
Notary Public
LETITIA SCHERER
NOTARY PUBUC, State of
New York
No. 01SC4975928
Qualified in Queens
County
Comrnission Ex pires Dec.
26, 20
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
ACKNOWLEDGEMENT BY PRINCIPAL, IF AN INDIVIDUAL
STATEOF )
) s.s
COUNTY OF )
On the day of , 20 ,
before me personally appeared
to me known and known to me to be the person described in and who executed the foregoing instrument and
acknowledged that he executed the same.
Notary Public
* * * * * * * *
Affix Acknowledgement and Justification of Sureties
together with Certificate of Qualification pursuant
to Section 1111 of Insurance Law.
227
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023
AC NOWLEDGMENT OF SURETY COMPANY
Massachusetts
STATE OF sUticik""'" "'"'
ss
COUNTY O "·.... -..............
. 5th day of N.ovember, 2018 Sandra C. Lopes
On this ................................................, before me personally came .............................................................
to me known, who, being by me duly sworn, did depose and say; that he/she resides in
..............s,u,qpik Co
nty.........................., State Of ..Massachusetts..........., that he/she is the Attomey-in-Fact of the
........***.below................................................................. the corporation described in which executed the
above instrument; that he/she knows the semi of said corporation; that the seal affixed to said instrument is
such coDorate seal; that is was so affixed by the Board of Directors of said corporation;
Preview
FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 EXHIBIT BB FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 Zurich 9299553 Liberty 012207824/015203967 Federal 82464330 Continental 30026149 BHSI 47-SUR-300013-01-0173 BOND NUMBER ARTICLE 16.15 - FORM OF PERFORMANCE BOND Know all men by these presents, that, Skanska ECCO III 2 JV of 75-20 Astoria Boulevard, Suite 200, East Elmhurst, NY 11370 (hereinafter called the "Principal") Zurich American Insurance Company/Liberty Mutual Insurance Company/Federal Insurance Company/ The Continental Insurance Company/Berkshire Hathaway Specialty Insurance Comp and existing under the laws of the State of NY/MA/IN/PA/NE 1299ZurichWay,Schaumburg, ll 60196 175BerkeleyStreet,Boston,MA 02116 202BHall'sMill Road,Whitehouse Station,NJ 08889 its principal office in N a Stree hica I 60606 and authorized to do business having in the State of New York, (hereinafter called the "Surety") are held and firmly bound to Metro- North Commuter Railroad Company (hereinafter called "Metro-North") and its successors and assigned in the full and just sum of Three Hundred Sixty Five Million Ninety Three Thousand and 00/100--------------------------------------------------------------------- Dollars ($365,093,000.00 ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds itself, its successors and assigns, and the Surety binds itself, its successors or assigns, jointly and severally, firmly by these presents. Whereas, the Principal has entered into a Contract in writing with Metro-North, which is incorporated herein by reference as though herein set forth in full and which is designated Contract No. 81933 (hereinafter called the "Contract") for Design and Construction Services for the Harmon Replacement Program - Phase V - Stage 2. Shop NOW, THEREFORE, the conditions of this obligation are such that if the Principal well, truly and faithfully complies with and performs all of the terms, covenants and conditions of the Contract on its part to be kept or performed and all changes, alterations, modifications, aniendments and additions to the Contract that may be made, according to the true intent and meaning of the Contract, then this obligation shall be null and void, otherwise to remain in full force and effect. And the Surety, for value received, hereby stipulates and agrees that, if requested to do so by Metro-North, it shall fully perform and complete all of the Work mentioned and described in the Contract pursuant to all of the terms, conditions and covenants of the Contract if for any cause or reason the Principal fails to or does not so fully perform and complete said Work. The Surety, for value received, hereby further stipulates and agrees to commence the completion of all of said Work within ten (10) days after notice to do so from Metro-North, and to perform and complete all of said Work with all due diligence. 219 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this bond shall be in no way impaired or affected by any winding up, insolvency, bankruptcy or reorganization of the Principal or any other rearrangement of the Principal for the benefit of creditors. And the Surety, for value received, hereby stipulates and agrees that the obligations of the Surety and this bond shall be in no way impaired or affected by any extension of time or forbearance, modification, omission, addition or change in or to the Contract or the Work to be performed thereunder, or by any supervision or inspection or omission to supervise or inspect the Work thereunder, or by any payment thereunder prior to the time provided for therein, or by any waiver of any provision or condition thereof (whether precedent or subsequent), or by settlement or compromise of any claim or dispute relating thereto, or by any assignment, subletting or other transfer thereof or of any part thereof, or of any Work to be performed, or any monies due or to become due thereunder; and the Surety does hereby expressly waive notice of any and all of such extensions, forbearances, modifications, omissions, additions, changes, payments, waivers, settlement, compromises, assignments, subcontracts and transfers. And the Surety, for value received, hereby stipulates and agrees that any and all things done or omitted to be done by or in relation to any and all assignees, Subcontractors or other transferees shall have the same effect as to the Surety as though done or omitted to be done by or in relation to the Principal. And the Surety, for value received, hereby stipulates and agrees that no demand made under this bond shall constitute a waiver of the right of Metro-North to make a subsequent demand under this bond, subject to the limitation of the amount obligated. Words in this bond used in the singular number shall be deemed to include the plural number and words in this bond used in the plural number shall be deemed to include the singular number. Words of the neuter gender used in this bond shall be deemed to include words of the masculine or feminine gender and words of the masculine gender shall be deemed to include words of the neuter or feminine gender. This bond shall be construed and enforced in accordance with the laws of the State of New York. The venue of any lawsuit commenced under this bond shall be in the City, State and County of New York. IT IS FURTHER EXPRESSLY AGREED that the acceptance of this bond Metro- by North shall in no way, for any purpose, limit or be claimed to limit the liability of the Principal under the Contract, but such liability shall remain in all respects to the same extent as is provided for in the Contract. IN TESTIMONY WHEREOF, the Principal has hereunto set its hand and, if a corporation, its seal, and the Surety has caused this instrument to be signed by its duly authorized officer or Attorney-In-Fact, and its corporate seal to be hereunto affixed. Signed and sealed this 5th day of November , 20 18 220 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 Signed and delivered the P nc al: Skanska ECCO III 2 JV B t legal nam of the Prmcipal) Title of Principal 76me.5 B tNte ll o itnessed in the presence of: By (Full legal name of the Witness) Title of Witness Ld A A Sc kartr (Corporate Seal of the Principal if a Corporation): Signed by the Surety: ZurichAmericanInsuranceCompany/LibertyMutualInsuranceCompany FederalInsuranceCompany/The ContinentalInsuranceCompany BerkshireHathawaySpecialtyInsuranceCompany , ') (Full legal name of the Surety) 11 legal nam epre ntative) Sandra C. Lopes, Attorney-in-Fa Witnesse n e p ence of: Witness By (Full legal niifii-oFtfhe Witness) Title of Witness Sylvanna Geha (Corporate seal of Surety): 221 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 FORM OF ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION STATE OF t e... ) ) s.s COUNTY OF ) On the day of , 20 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of one of the corporations described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the Board of Directors of said corporation; and that he signed his name thereto by like order. Notary Public ACKNOWLEDGEMENT BY PRINCIPAL, IF A PARTNERSHIP STATE OF N )Mo ) ) s.s COUNTY OF COX ) On the day of HOVA , 20 , before me personally appeared S xt t (A t to me known and known to me to be one of the members of the firm of S 0sh Ecco I t 2 3V described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said firm. Notary Public LETITIA SCHERER NOTARY PUBLIC, State of New York No. O1SC4975928 Quahfied in Queens County Commission Expires Dec.26,20_.f 222 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 ACKNOWLEDGEMENT BY PRINCIPAL, IF AN INDIVIDUAL STATEOF ) ) s.s COUNTY OF ) On the day of , 20 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public * * * * * * * * * * Affix Acknowledgement and Justification of Sureties together with Certificate of Qualification pursuant to Section 11 I1 of Insurance Law. 223 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 ACkNOWLEDGMENT OF SURETY COMPANY Massachusetts STATE OF " "' "' ffo,k SS COUNTY O . ................... . 5th day of N.ovember, 2018 Sandra C. Lopes On this ................................................, before me personally came ............................................................. to me known, who, being by me duly sworn, did depose and say; that he/she resides in ..............s,uffo,I.k he/she is the Attomey-in-Fact County.........................., State of ..Massachusetts..........., that of the ........*°°. .*.'°."................................................................. the corporation described in which executed the above instrument; that he/she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is was so affixed by the Board of Directors of said corporation; and that he/shesigned hi.s/her name thereto by like ordeq and the affiant did further depose and say that the Superintendent of Insurance of the State of New York, has, pursuant to Section 1111 of the Insurance Law of the State of New York, issued to ...*..S.ee.b.ei.ow........................................................................ (Surety) his/her certificate of qualification evidencing the qualification of said Company and its sufficiency under any law the Stat of New York as surety and guarantor, and the propriety of accepting and approving i a s h; at such rtificate has not been revoked. ..................................... ...... .. ........ ... ..... .............. * Ni le o Not NICOLE ROY W adno gcment COMMO OFM ACHUSETTS Expires My Commission July 11, 2025 * Zurich American Mutual Insurance Company, Federal InsuranTe o paTy,ThiContinental Insurance Company, Insurance Company, Liberty Berkshire Hathaway Specialty Insurance Company FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 Zurich 9299553 Liberty 012207824/015203967 Federal 82464330 Continental 30026149 BHSI 47-SUR-300013-01-0173 BOND NUMBER ARTICLE 16.16 - FORM OF PAYMENT BOND Know all men by these presents, that Skanska ECCO III 2 JV of 75-20 Astoria Boulevard, Suite 200, East Elmhurst, NY 11370 (hereinafter called the "Principal") and Zurich American Insurance Company/Liberty Mutual Insurance Company/Federal Insurance Company/ The Continental Insurance Company/Berkshire Hathaway Specialty Insurance Company (hereinafter called the "Surety") and held bound to Metro-North Commuter Railroad (hereinafter called "Metro- firmly Company -North"), in the just sum of Three Hundred Sixty Five Million Ninety Three Thousand and 00/100--------------------------------------------------------------------- Dollars ($ 365,093,000.00 ) good and lawful money of the United States of America, for the payment of which sum of money, well and truly to be made and done, the Principal binds itself, its successors and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has, by written agreement, dated October 31 , 20 18 entered into Contract with Metro-North for Contract No. 81933 which Contract is by reference "Contract." made a part hereof and is hereinafter referred to as the Now, therefore, the condition of this obligation is such, that if the said Principal shall promptly pay all monies due to all persons furnishing labor or materials to him or his Subcontractors in the performance of the Work provided for in said Contract, then this obligation shall be void, otherwise to remain in full force and effect; Provided, however, that all rights and remedies on this bond shall inure solely to such persons and shall be determined in accordance with the provisions, conditions and limitations of Section 138 of the State Finance Law to the same extent as if they were copied at length herein; 224 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 and further, provided, the place of trial of any action on this bond shall be in the county which the said Contract was to be performed, of if said Contract was to be performed in more than one county, then in any such county, and not elsewhere. Signed and sealed this 5th day of November , 20 18 Signed and delivered the in inal: Skanska ECCO IH 2 JV y ull legal n nfe of the Principal) Title of Princ Witnessed in the presence of: By(Full legal name of the Witness) Title of Witness LA b A khuer (Corporate Seal of the Principal if a Corporation): Signed by the Surety: Zurich American Insurance Company/Liberty Mutual InsuranceCompany/ Federal Insurance Company/The Continental InsuranceCompany/ Berkshire Hathaway Specialty Insurance Company (Full legal name of the Surety) ull legal nam Repr entative) Sandra C. Lopes, Attorney-in-Fa * Witness ence of: Witness By (Full legal name of the titness) Title of Witness Sylvanna Geha (Corporate seal of Surety): 225 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 FORM OF ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION STATEOF ) ) s.s COUNTY OF ) On the day of , 20 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at that he is the of one of the corporations described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the seals affixed is such seal; that it was so affixed by order of the Board to said instrument of Directors of said corporation; and that he signed his name thereto by like order. Notary Public ACKNOWLEDGEMENT BY PRINCIPAL, IF A PARTNERSHIP STATE OF Nayed ) ) s.s COUNTY OF ) On the day of O / , , 20 Î , before me personally appeared A h^£S \ C A b to me known and known to me to be one of the members of the firm of hsh EÂco Itt 2.3V described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said firm. Notary Public LETITIA SCHERER NOTARY PUBUC, State of New York No. 01SC4975928 Qualified in Queens County Comrnission Ex pires Dec. 26, 20 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 ACKNOWLEDGEMENT BY PRINCIPAL, IF AN INDIVIDUAL STATEOF ) ) s.s COUNTY OF ) On the day of , 20 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public * * * * * * * * Affix Acknowledgement and Justification of Sureties together with Certificate of Qualification pursuant to Section 1111 of Insurance Law. 227 FILED: WESTCHESTER COUNTY CLERK 12/22/2023 01:55 PM INDEX NO. 70587/2023 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 12/22/2023 AC NOWLEDGMENT OF SURETY COMPANY Massachusetts STATE OF sUticik""'" "'"' ss COUNTY O "·.... -.............. . 5th day of N.ovember, 2018 Sandra C. Lopes On this ................................................, before me personally came ............................................................. to me known, who, being by me duly sworn, did depose and say; that he/she resides in ..............s,u,qpik Co nty.........................., State Of ..Massachusetts..........., that he/she is the Attomey-in-Fact of the ........***.below................................................................. the corporation described in which executed the above instrument; that he/she knows the semi of said corporation; that the seal affixed to said instrument is such coDorate seal; that is was so affixed by the Board of Directors of said corporation;