Document 18-4
Filed 09/22/2006
Page 1 of 12
BID AND/OR PERFOP~iANCE BOND VERIFICATION AS ADMINIST~'roK FOR ~COLN GE~~ ~SURANCE COMPANY PLEASE ACC~T TI~S AS VE~'I~'IXON OF ~ ISSUANCE OF ~E BO~ ~ QUESTION ~S'I"ED B~OW IF YOU SHO~.D ~ED A~ I:UR'I~ ASSIST~CE PLEASE FEEL ~EE TO ~LL US TO: D_~partm~t of the Navy, 10 IndusiH~I ~hway, DATE: CO--ACTOR: Oak EnvlronmentN Cons~tan.t~Jnc., BOND~: LNS-002086 BOND ~O~' 600.~py~h Rpute..~0, Sujie I2, Marlt~n, NJ 08053
Lc~¢r,PA 19gJ.~
~O~ CO--ACT: N62472-02-C-0095 DES~TION: ~choragg.[gol~sing..~.~p.a~..~t Naval Sta tlon, Newport, ~ode 'NSURANCE COMP~Y
THE ABOVE BOND WAS ISSUED
BY L~CO~ CENERAI,
Floyd C.. Reyn~, A~omey-in-Fact
2023 Route 70 West, Cherry Hill, NJ 08002 1-609-910-9009 X FAX1-609-910-1969 ~, WATS 1-888-978-7389
Case 1:06-cv-00113-MBH
Document 18-4
._.~ ,
Filed 09/22/2006
~
Page 2 of 12
~ .... ..... =.......... ~
Sam sen, Karen L EFANE .........
From: Sent: To: Cc: Subject:
...............
Ring, Pat A (EFANE) Tuesday,November 2002 11:02 AM 05, '[email protected]' Sampson, Karen L (EFANE);Abraham,Denise (EFANE) RE:Notice to Proceed
Ed, Pleasebe advisedI receivedbond authenticationfromyour surety. Pat
..... OriginalMessage ..... From; Ring, Pat A (EFANE) Tuesday,November 20028:51 AM 05, Sent: 3"o~ '[email protected]' E:¢~ Sampson, KarenL (EFANE); Abraham, Denise(EFANE) Subject: Notice to Proceed
<
Case 1:06-cv-00113-MBH
,PERFORMANCEBOL (Seeinstructions reverse) on
Document BCND 18-4 Filed L ne or DATE EXECUTED 09/22/2006thanPage 3 of 12 (Must
date contract) of November 04, 2002 OMB NO.: 9000-0045 Expires: 09/30/98
Public reporting forthiscollection information burden of is estimated to averageminutes response, 25 per including time reviewing the for instructions, searching existing data sources, gathering maintaining data and the needed, completingreviewing collection information. comments and and the of Send regarding burden this estimate any or other aspect thiscollection information, of of including suggestions forreducing burden, theFAR this to Secretariate Federal (VIRS), Acquistion Division, Washington, Policy GSA, 20405 PRINCIPAL name business (Legal and address) TYPE ORGANIZATION one) OF ('X" OAK ENV][RONM~NTAL 600 NORTH ROUTE 73 D JOINT VENTURE ~3CORPORATION STATE INCORPORATION OF PENNS ~YL~ VANIA PENAL SUMOF BOND COMPANY MILLION(S) ITHOUSAND(S) HUNDRED(S) I I **********2 1"*******'453 1"*****'1621"**'66 CONTRACT DATE CONTRACT NO. 9/26/02 OBLIGATION" We,the Principal andSurety(ies) are firmly bound the UnitedStates of America to (hereinafter called the Government) the above in penal sum.For payment the penalsum,webind ourselves,our heirs, executors, of administrators,andsuccessors, jointly andseverally. However, ,~here t.h,e Sur.eties.,are corporatiqns.,acl, joint acuon acbons ing bind s.u.ch..sum "Jointlyand eacnsurety mnos a.~s .se..vera!ly." .as.w.e.II evera~=y" Tor mepurpose anow~nga.s.cq-su.r.eties, the Sureties orourselvesin a~l tuner purposes, omy oT a or we, against~ny all of us. For jointly andseverallywith the Principal, for the payment the sum of shown opposite name the Surety.If nolimit of liability is indicated, the of the limit of liability is the full amount the penal of sum. CONDITIONS" Theprincipal hasentered into the contractidentified above. THEREFORE: The above obligationis void if the Principal-(a)(1) Performs fulfills all the undertakings, and covenants, terms,conditions, agreements the contractduringthe original termof and of contract andanyextensions thereof that are granted the Government, or without notice to the Surety(ies).andduringthe life of any by with guaranty requiredunderthe contract, and(2) performs fulfills all the undertakings, and covenants, terms,conditions,andagreements any of andall duly authorized modifications the contractthat hereafteraremade. of Noticeof thesemodifications the Surety(ies)arewaived. to (b) Pays the Government full amount the taxesimposed the Government, the said contractis subjectto the Miller Act, (40 to the of by if U.S.C.270a-270e), whichare collected, deducted, withheldfromwages by the Principal in carryingout the construction or paid contractwith respect which to this bond furnished. is WITNESS: ThePrincipal andSurety(ies)executed performance andaffixed their seals on the above this bond date. OAK ENVgRONME, NTAL CONSULTANTS~ INC. SIGNATURE(S) By: NAME(S) & TITLE(S) (Typed) INDIVIDUAL SURETY(IES) 2. SIGNATURE(S) NAME(S) (Typed) COMPANY NAME & LINCOLN GENERAL INSILYRANCE ADDRESS ~.023 Route 70 West, Che~y Hill NJ 08002 SIGNATURE(S) ~'~;: -¢o NAME(S) TITLE(S) Attorney-JnFact (Type'd)) AUTHORIZED .OCALREPRODUCTION FOR Previous edition usable not ' CORPORATE SURETY(IES) STATE INC. OF LIABILITY LIMIT $ 2,453,162.66 Corporate Seal (Seal) (Seal) PRINCIPAL CONSULTANTS, ENC. DINDIVIDUAL DPARTNERSHIP
MARLTON, NJ 08053 SURETY(IES) (Name(s) business and address(es) L][NCOLN GENERAL INSURANCE
2023 Route 70 West, Cherry HJI] NJ 08002
N62472-02-C-0095
By:
(Seal)
By:
(Seal
Corporate Seal
By:
STANDARD FORM REV. 25 5-96) Prescribed GSA--FA by
' NAME & ADDRESS
Case 1:06-cv-00113-MBH
'
Document 18-4
Filed 09/22/2006
Page 4 of 12
~,,.,~PORATE SURETY(IES (Continued)
SIGNATURE(S) NAME(S) & ~TLE(S) £1"wed} NAME & ADDRESS
,,
2.
Corporate Seal
2.
STATE INC. OF
1. 2,
LIABILITY LIMIT $ C orp orate Seal
SIGNATURE(S) NAME(S) & TITLE(S) (Typed) NAME & ADDRESS SIGNATURE(S) NAME(S) TITLE(S) (Typed) NAME & ADDRESS
,,, 1. 1.
2.
STATE INC. OF
2.
LIABILITY LIMIT $ Corporate Seal
2.
STATE INC. OF
1,
LIABILITY LIMIT $ Corporate Seal
SIGNATURE(S) NAME(S) ,I. & TITLE(S) (Typed) NAME & ADDRESS il. SIGNATURE(S) NAME(S) & TrrLE(S) n~d.) NAME & ADDRESS ;1. SIGNATURE(S) NAME(S) & Tm_E(S) (Typed)
,, 2. 2. 2.
STATE INC. OF
LIABILITY LIMIT $ Corporate Seal
2.
STATE INC.. OF I $ LIABILITY LIMIT Corporate Seal
2,
P REMIUM
20.00 INSTRUCTIONS
I $49,063.26
1. This form is authorized for use in connection with Government contracts. Any deviation from this form will require the written approval of the Administrator of GeneralServices. 2. Insert the full legal name business addressof the Principal and in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an afforney-in-fact) must furnish evidenceof authority if that representativeis not a member the firm, of partnership, or joint venture, or an officer of the corporationinvolved.
"SURETY(IES)" the face of the form, insert only the letter on identification of the sureties. b) Where individual sureties are involved, a completed Affidavit of individual Surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government mayrequire the surety to furnish additional substantiating information concerning financial capability. its 4. Corporations executing the bond shall affix their corporate seals. Individuals shall execute the bond opposite the word"Corporate Seal", and shall affix an adhesiveseal if executedin Maine, NewHampshire, any other jurisdiction or requiring adhesive seals. of each person signing this
a) Corporations executing the bond as sureties must appear bn the Department the Treasury's list of the approvedsureties and of must act within the limitation listed therein. Wheremore than one corporate surety is involved, their names address,,e,s shall appear and in the spaces (Surety A, Surety B, etc.) headed CORPORATE 5. Type the nameand title bondin the spaceprovided. SURETY(IES)." the space designated In
000,0~,~~3
STANDARD FORM (REV. 5-96) BACK 25
Case 1:06-cv-00113-MBH
' instructions on reverse) i See PAYMENT BOND
]OMB NO." 9000-0045 09130/98 I Expires: Public reporting forthiscollectioninformation burden of is estimated to averageminutes response, 25 per including time reviewing the for instructions, searching existing data sources, gathering maintaining data and the needed, completing reviewing collection information. comments and and the of Send regarding burden this estimate any or other aspect thiscollection information, of of including suggestions for reducing burden,theFAR this to Secretariate Federal (VIRS), Acquistion Division, Washington, Policy GSA, 20405 PRINCIPAL name business (Legal and address) TYPE ORGANIZATION OF (")Cone) November 04~ 2,002, OAK ENVIRONMENTAL 600 NORTH ROUTE 73 CONSULTA~NTS, INC. DINDIVIDUAL DPARTNERSHIP
Document BOND 18-4 Filed be s, r " DATE EXECUTED 09/22/2006thanPage 5 of 12 (Must I
I
....
~ '~u" LNS002086
date contract) of
MARLTON, NJ 08053 SURETY(IES) (Name(s) business and address(es)) LINCOLN GENERAL INSURANCE COMPANY
D JOINT VENTURE r~2]CORPORATION STATE INCORPORATION OF
PENNSYLVANIA
PENALSUM OF BOND MILLION(S) [ THOUSAND(S)HUNDRED(S)CENTS [ I
**********2 1"*******'4531"******162[***.66
CONTRACT DATE 9/26/02 CONTRACT NO. N62472-02-C-0095
2`02`3 Route 70 West, Cherry Hill NJ 08002 Cherry Hill, New Jersey 08002
OBLIGATION: We,the Principal and Surety(ies) are firmly boundto the United States of America(hereinafter called the Government) the abovepenal in sum.For paymentof the penal sum, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally However where.the Sureties are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum"Jointly and severally"'as well "severally" only for the purpose allowing a joint action or actions against any or all of us. For all other purposes,eachSuretybinds itself, of jointly and severally with the Principal, for the payment the sum of shown oppositethe name the Surety. If no limit of liability is indicated, of thelimit of liability is the full amount the penal of sum. CONDITIONS: The above obligation is void if the Principal promptly makes payment all persons to havinga direct relationshipwith the Principalor a subcontractor the of Principalfor furnishinglabor, materialor both in the prosecution the work of provided in the contractidentified above, anyauthorized for and modifications of the contractthat subsequently made. are Noticeof thosemodifications the Surety(ies)are waived. to WITNESS: The Principal and Surety(ies) executedthis paymentbondand affixed their seals on the abovedate.
OAK ENVgRONMENTAL 1. SIGNATURE(S) By: NAME(S) & TITLE(S) (Typed)
CONSULTANTS~
INC.
2.
PRINCIPAL
By:
(Seal)
(Seal)
Corporate Seal
INDIVIDUAL SURETY(IES) SIGNATURE(S) NAME(S) (Typed) LINCOLN NAME & ADDRESS SIGNATURE(S) NAME(S) & TITLE(S) Cl'w~d~ NSN 7540-01-152-8061 Previous edition usable not GENERAL ~SURANCE COMPANY
2,
2. (Seal) 2. (Seal)
STATE INC. OF PA
LIABILITY LIMIT $ 2,453,162.66 Corporate Seal
By: 2. EXPIRATION 9-30-95 DATE 25-205
O0004Q
STANDARD 25-A FORM (Rev. 1-90) Prescribed GSA FAR CFR) by (48 53.228(c) Page of 2 1
Case 1:06-cv-00113-MBH
NAME & ADDRESS
,, 1,
Document 18-4
Filed 09/22/2006
Page 6 of 12
CORPORATE SURETY(IES) (Continued) " STATE OF'INC.
2.
LIABILITY LIMIT $ Corporate Seal
,,
SIGNATURE(S) NAME(S) & TITLE(S) (Typed) NAME & ADDRESS
1, 1,
2.
STATE INC. OF
2.
LIMIT ~ LIABILITY $
SIGNATURE(S) NAME(S) & TITLE(S) (Typed) NAME& ADDRESS
1, 1.
2.
STATE INC. OF
2.
LIABILITY LIMIT $
SIGNATURE(S) NAME(S) & TITLE(S) (Typed) NAME & ADDRESS
1, 1.
2.
STATE INC, OF
2.
LIABILITY LIMIT $
SIGNATURE(S) NAME(S) & TITLE(S) (Typed) NAME& ADDRESS
,, , 2. 2,
STATE INC. OF
LIABILITY LIMIT $
SIGNATURE(S) NAME(S) & TITLE(S) f'r~ed) NAME& ADDRESS
,,, 1. 2.
STATE INC. OF
2.
LIABILITY LIMIT $
il. SIGNATURE(S) NAME(S) & TITLE(S) (Typed) 11.
2.
INSTRUCTIONS
t. This form, for the protection of persons supplying labor and material, is used when a payment bond is required under the Act of August 24, 1935, 49 Star. 793 (40 U.S.C. 270a-270e). Any deviation from this form will require the written approval of the Administrator of General Services. 2. ~nsert the full legal nameand business address of the Principal in the space designated "Principal" on the face of the form. An authorized person shall sign the bond. Any person signing in a representative capacity (e.g., an attorney=in-fact) must furnish evidence of authority if that representative is not a memberof the firm,partnership, or joint venture, or an officer of the corporation involved. 3. (a) Corporations executing the bond as sureties must appear the Department of the Treasury's list of the approved sureties and must act within the limitation listed therein. Where more than one corporate surety is involved, their names and addresses shall appear in the spaces (Surety A,-Surety 6, etc.) headed "CORPORATE SURETY(IES)". In the space designated
"SURETY(IES)" on the face of the form, insert identification of the sureties.
only the letter
(b) Whereindividual sureties are involved, a completed Affidavit of individual Surety (Standard Form 28), for each individual surety, shall accompany the bond. The Government may require the surety to furnish additional substantiating information concerning their financial capability. 4. CorporatiOns executing the bond shall affix their corporate seals. individuals shall execute the bond opposite the word "Corporate Seal", and shall affix an adhesive seal if executed in Maine, New Hampshire, or any other jurisdiction requiring adhesive seals. 5. Type the nameand title space provided. of each person signing this bond in the
STANDARD FORM25-A (REV. 1-90 Page of 2 2
Case 1:06-cv-00113-MBH
Document 18-4
Filed 09/22/2006
rower or ,~rtorney
No.
POWER OF ATTOR_N~Y
002086
Page 7 of 12
(Vo!d numbered ~uless in red)
KNOW MEN THESE ALL BY PRESENTS: Thak Lincoln General Insurance Company, organized and existing Lawsof the Commonwealth .ennsylvania , does hereby nominate, constitute and appoint: ofP
by virtue
of the
Floyd C. Reynolds, HI, Chris T. Reynolds, Michelle R. Patterson of CherryHill, NJ
its tree and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature and to bind it theyeby as fully and to the sameextent as if such instruments were signed by a duly authorized officer of the corporation, and all the acts of said A.ttomey, pursuant to the authority hereby g-iven are hereby ratified and confirmed. This Powerof Attorney is madeand executed pursuant to and by authority of the following Resolution adopted by the Board of Directors of the corporation on the 6th day of February, 1991. "Resolution that the President, or any Vice President, in conjunction with any Secretary or Assistant Secretary, be and they are hereby authorized and empowered appoint Attorneys-in-Fact of the Company its name and as its acts to execute and to in acknowledge and on its behalf as S,urety any and all Bonds, recognizances, contract of indemnity, waivers of citation and all for other writings obligatory in the nature~ thereof, with power to attach thereto the seal of the Company. such writings so Any executed by any of said Attorney-in-fact shall be as binding upon the Company if they. been had duly executed and as - acknowledged the regularly elected officers of the Company ttieir ownproper persons." by in IN W1TN'ESS Wi:IEREOF, Lincoln General Insurance Company caused its corporate seal to be affixed, and these presents has to be signed by its duly authorized officers this 19th day of November, 2001.
By: /~ 1~ P. Bender, Vice President The Commonwealthof Pennsylvania YorkCounty On this 19th day of November,200t, before me personally came WilLiamP. Bender, to me known, being duty sworn, did who depose and saT. that he is a Vice President of the Corporation described in and which executed the above instrument that he knowstheseal aff~ed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Boardof Dk.ectors of said Company, that he executed the said instrument by like order a~d authority and the same was his and free act and need. Notarialseal ta~,y, --'~-~, " ...-~'~ -. The Commonwealth Pennsylvania of York County " tt=~urV .... ~wv ~a.~A~ . -e ,:~'.= :~ z*-x~-~ -'
I, Gary Orndorff, Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth Pennsylvania d~ of hereby certify that the above and foregoing is a full, true and correct copy of Powerof Atto~ey issued by said Company, of and the whole of the original and that the said Powerof Attorney is still in full force and effect and has not been revoked~and furthermore that the Resolution of the Boardof Directors, set forth in the said Powerof Attorney is nowin force. IN WITNESS WHEREOF,have hereunto set my hand and affixed the seal of said Company,at York, Pennsylvania, this I 4t~ day of ~ 2002
-
~ecretary
2086
Case 1:06-cv-00113-MBH
Document 18-4
Filed 09/22/2006
Page 8 of 12
. .-
I4Jngs'way Americ.a Group LINCOLN GENEILA_L INSURANCE caM'PAN'Y" N[ail: P.O. Bo~ 3709, Yor~ PA~7402-0136 T~/: 71%757-0000 Fax: 71%751-0165 . A~B~: 03723 N~C#: 33855 Balance Based on our opinion of the c~mpany'sFinaneiai ~ength," it is assigned a ~est's ~a0ngofA- (EzcellcnO. The company's Financial ~ize C~egou'is'Class.~5 Rating danuaryI 1, 2001. ~T~G ~TIONA~ , Cu~en{ Rating Ra~ionalc~ 'The ~t~gfor L~colnGcne~l Comply m~eds company the strategic role h the US.operationsof " KinkyFinancial Services Inc. Management implem~ted ~s ag~res~kea=liom ~mpr0ve 1o operat~g p~filabili~, includingdis~ntinuing sevenlhighlyunprofitable acco6nts, imp/cinching lighter gfiiddines,andimproving conlrolo~claims. ~n~ ~e aeSop,ledges comp~y'~ st~nphefied rese~'posilion increased~nanehl and " ty andsuppo~ provided jig ultimatepa~nL by . ~affally offsea~ng lhese facto~are lh~ compa~'s poor ruulff ~dadve=¢ Joss development prev/6u~ [n y~ars, ~gkundem~t~g fines. ~ nezatJve oullook be maintaine] Ibis company ~ling will on as ,. raling witlybei~pacl~byany subsequent ~elefomtion operating in ~Y FINAN~INblCATO~ ($000) ?m.minm.s Operating"Admitted ~olde~" Comb~ As~eis SurpI~ l~tio .Year ~,'ritten Income 1996 47,90I 262 85,463 29,115 104.8 ¯ 402 80.89:~ ~,786 IJ4.2 i997 31,416 74,714 15,753 t47.9 199~ 3J,424 -12.723 1999 27,482 -1,0~89 68,304. . ]6,852 ' 117.0 71,391 J 8,842 : 99.9 2000 36:539 ]d~5
,
Sheet
" 1-2/31/2000 % " I/ : ................. 58.4 IIBonds ....... ' $41,696 II Preferredstock .................. 1,122 1;6Ill jl Common stock .................. 7,742 I/Cash short-term & invest....... :... 1,490 I] !nvestments in.affiliates ............ 1,751 : ..... ~i~ /Roal.eslale, offic.es ......... $55;201b 77.3 ~/ I]~ Totalinvested assets ........... ." II .A,,ccrued interest.. : .............. 553
'
..
2...................
Liab~.1ffies & Sur~_!us tt.CondWonW reservefunds ........ :. ¯ ............ /All other lia.bilWes .... . Tot'at~bilitieg ..-.'. .............. II ,C, apital &assignedsurplus......... ,..., .Unassig.nedsurplus ........... zlh" ~,276 $52,'549" 10,075 73.6 1,~.~ 12.3
#
B USINESS REVIEW LincolnOei~erall~uranc~ Company, whollym~ed a subsWiary of Wdshire'Assamnce Company, owl~cd ~dngsw.ay is by Ameri= Inc., a holdhag ~ompany ullimate of its parent Kingsway Finand]al ".Services Inc. Thecompany pr~ma~'ly underrates commercial liability andph~si~filo
I ¯ ,
Case 1:06-cv-00113-MBH
Document 18-4
Filed 09/22/2006
Page 9 of 12
DEPARTMENT
I,
Linda
S. Kaiser,
Insurance certify
Commissioner that the
of
the
Commonwealth
Pennsylvania,
do hereby LINCOLN
GENERAL
INSUN_a/qCE is duly
COMPAN~ organized under the laws of
located',
in York,
Pennsylvania,
the Commonwealth of Pennsylvania, and is authorized to transact the business of Insurance as mentioned in Section 202, subdivi.sion (b), paragraphs (i) fire: allied lines, (2) inland marine, physiea! damage and (3) ocean marine; and subdivision (c) paragraphs (!) fidelity & surety, (2) accident & health, glass, (4) other liability including professional .i iability, medical malpractice, etc., (5) boiler & machin/ry,(6) burglary theft, (7) credit, (8) water damage, (9) elevator, (!0) livestock, (Ii) auto liability, (12) mine, (13) personal property floater (14) workers' compensation of the Act of May 17, .1921, P.L~ 682, as amended, as a domestic stock fire insurance company.
In. Witness .Whereof, I have hereunto set my hand, and affixed the Official Seal of this--Department ."at the City of Harrisburg this
--
Insurance
Commissioner
Case 1:06-cv-00113-MBH
Document 18-4
Filed 09/22/2006
Page 10 of 12
or Hawaii, respectively)!~destination (other than a port for export). The notice shall be transmitted b~..rapid, means.to. be received by t~ie con~i~.,~ee,;~nspo~thti0n ~of~~r,-; at least 24 hours before the arrival of the shipment. The :Goverfimei~t bill.of lading, commercial bill of lading or letter documentthat, con.t,ains all of .the~0!lowing shall .be addi-essed a,h,d sen~pr,.0mpt'..~i.t 9. the receiving tran~i~oi'tatiofi officer. This document shall be pnominently identified: by. the Contractor as being ~a~.'..'Report of Shipment" or "REPSHIP FOR .T.O," ._ MESSAGE ~PLE: 01 REPSHIP FOR T,O..81JUN
for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating t~ bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed; the identity of the court in which the bankruptcy petition was. filed, and a listing of Government contract numbers and contracting offices for all Governmentcontracts against which final payment has not been made. This obligation remains in effect until final paymentunder this contract. (End of clause) [FAC 90-4, 56 FR 15156, 4/15/91, effective 5/15/91; FAC 90-29, 60 FR 34732, 7/3/95, effective 7/3/95] [~[ 31,352.70]
TRANSPORTATION.OFFICER: D,EFE~ISE DE.pOT, MEMPHIS; TENN. 52,242,14Suspension of Work. SHIPPED YOUR DEPOT 1981 JUN 1 540: .~TNS, MENS.COTI'0N TROUSERS~ As prescribed in-42.1305(a), insert the fol30,240 LB, 1~82~C,..UBE,- ..VIA XX-YY* lowing clause in solicitations and contracts whena fixed-price construction or architectIN ~CAR' NO~ XX 123456**-GBL***engineer contract is contemplated: C9800003t**** ¯ " " "
¯ : ....:~..:.: ~. . . . .
. CONTRACT, ..... I.ETA** * * *-JUNE DLA 5 JONES.&CD~., JERSEY-CITY,N.J. ¯ Nameof rail-cgrfier, trucker, or other carrier, ~., ..-~ ; . .¯ * Vehicle identification. ¯ * * Governm~ilt':bfll.oflading. ¯ ** * If not ,~. ,hipp.ed.by. GB.L,...identify, lading document aiiit gtate Whether, paid. by contractor.
SUSPENSION OF WORK(APR 1984) (a) The Contracting Officer may-order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate foithe convenience of the Government: '
(b) If the performanceof all or any part the work is, for an unreasonable-period Of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer .in the ¯ ~* * * Estimated time Of arrixCai. " administration of this contract, or (2) by the (End of clause) Contracting Officer's failure to act within the [FAC:~-~3, 54. FR ,489951 1i)2~f89; ef-. time specified in this contract (or within fective 12/28/89; 'FAC~90-29, 60 FR 34732, reasonable time if not specified), an .adjust-Z~3/95, effective 7/3/95] . .:.ment shall be made for any increase in the - , ;~ ¯ :,. -.. . -., . .;, ,.. , ;. cost of p~rformanceoL.this contract (exClUding profit) necessarily :caused by the' unrea....~ . . . ...,, . ¯ . . ;!.~ .... sonable suspension, delay, or interrupti0ii, 52.242-:l3~Bankruptoy., ~.~. ---. ". and the contract modified in writing accordingly. However, no adjustment shall be'made under this: clause for any suspension,: delay, or interruption, to the extent .that perform. .... :B'ANKR ance would have been so suspended, delayed, UFF~y,(jUI :'i.995),~ ~ ' - " ~.- , , . . : ~.., ~.'t'q....-: ..,--it or interrupted by any other cause, includi.ng ::-.In ~-ti~e)eventid/ie c.0ni~racior:,~.nters.,int0 the. fault or .negligence of the Contractor,. or procee~ng~'r~iating to;.,bafikruptcy~ whether for which an equitable adjustment ..is .pro.vol.unt..ary .or. ,invo!ur~ta.r.,y,; the: ConWactor vided for or excluded under any other term or :agree.s:..t,o,. furnish~. cer.,t.gied.mail.:or elec.- condition of this. contract. :by .tronic ~.c.ommerce~ methodi auth0fi. ,z.ed .by the ~ontr..ac~t, writ.ten~ not'.fficatio,n..!~.f: ;the: hank: (c) A claim under this clause shall-not !7,u.pt.c::y ,t9 .the C.0nt.ractingOfficerir, espo.nsible allowed (1) for any costs incurred more than ©1999,Co.mmerce Clearing House,-~nc' . ~ - ;~! ...........
Case 1:06-cv-00113-MBH
Document 18-4
Filed 09/22/2006
Page 11 of 12
contract. This notificawithin five days of the ~dingsrelating t.o: banktification shall include te bankruptcy petition r of the court in which )n was. filed, and a list:ontract numbers and .- all Governmentconfinal paymenf has not ation remairis in effect tder this contract. ! clause) 15156, 4/15/91, effec90-29, 60 FR 34732, 95]
)n o~ Work,
":
1305(a), insert thefoP itations and contracts tstruction or architectntemplated: WORK (APR 1984) Officer may-order the , to suspend, delay{ or art of the work of this [ of time that the Conmines appropriate f0V Government: " .ce of all or any part of xweasonable period of red, or interrupted (1) :ratting Officer :in the contract, or (2) by the ¯ ilure to act within the contract (or within specified), an adjust)r any increase in the this. contract (eXdudcaused by the:un~ea~ elay, or interruptio'fi, fled in writing accord: ustment shall bemade my suspension,: delay, extent that performso suspended, delayed, other cause, including :of the Contractor,. or [e adjustment .is pronder any.other term or ct. a.'s clause shall .not be ts incurred more than
:.before, the Contractor shall have nd;20":d~ayS (1) The istdp,workorder-reviSits in-an infified, ~the .Con~raeting~ Officer in writifig Of crease in the time reqtfi~ed for, or in the --:the~-act oi~ fgilure' to act invol~)ed~(but ttiis Contractor's cost .properly allocable-to,.-the re.~iliiiement shaftriot apply a~:-'-~o 'a 'claim performanceof. any part ot thlS,:~ontract; i~nd i;~sfllting, from a suspension:"o~der), and(2) unless the claim, in an amount stated, is '~" (2) The.:Contractor ~gei~tSigs right tb::the asserted in wfiting¯-as sooh as practicable adjustN~n~ within' 30 ¯days after thfi end after the termination of the suspension, detheperi0d.o~ wo~k..s~opp~ige; provided, that, l@; 0r-":inter~up~:ion,!b~n6~ later than the if .the Contrac.tir~g 0ffic~r. decid~ the facts ,ttat ~ offina!:payffient:uhder.the contract. justifY ~th~ ~~[ion," [he ~0iitracting Officer mayre~fiive a~dact ~po.n.:a proiSos~[i sUbmiticed at., any tirne.¯before'.fin~al payn~gi~t.,under [Redesignated from 52.212-12, FAC90-32, this contract. . ~.. ..... 60 FR 48206, 9gi8)gg, effed~ive 10/1/95] (c) If a stop-work orderl ign0t'canCele~, and the. wqrkc0~)ered by thei'0idor is, .~erminated f0i the convenience" Of, {he GoVeriiment,: the Contracting .officer. silMl aliow"!~ea.sonable ..st0b.:w;rk in 6rd,e.r .~:" ,As prescribedin";42:,1305(b),insert :the fol- ico.s,ts resulting fro.~".t~e arriving at the te:rmination .settlem.en~.. .~owingclause, , The "90-day'", period stated in . -the.clause m~y be reduced-to .less than 90 ' (,d) K ~istop-work order ig no~~.a.n~el~dand --days: " .. ~ ¯ tile work covered by the order is terminated ¯. for default, the Contracting Officer shall al;>:: ' STOP-WORK~ORDER 1989) (AUG low, by equitable ~adjustment or .otherwise, . (a) The Contracting Officer may,. at any reasonable costs resulting from the stop-work order.: : " .... -: .... ~ime~ Z written.,-order: :to the. ,:Contractor, .b )equire the contradtdr to stop all, or any " ' " (Ehd fo laiaS e) .... ' c p~t, of the work called for by this contract inserted in. a :cost-reimbursemen,t ' contract., "lot a period oI 90 days: after the order is ¯ :..~A!ter.nate ! (APR !984)...If..this: clause is .delivered to ,:the~ Contractor; and for any fur' :ther period, to which.thep~ties' may.agree. substitiite inp~agraph (a)(2) the words."the :~he order shall be SpecificMly identified.as a Termination dau,s.e-of this con~ract'f.f0r the :stop',~ork: order issued ~under this clause. words:"the D.efault; :or the ~Termin.ation for Uponreceipt of the. ~rder, .the Contractor C0nvenience~ of. the Government d.ause.:: of shall .immediately comply.with its ,terms and this ~contract.'( In~ paragraph(b).. substitute ¯ the words "an . .equitable adjustment .in. the -take:all ,reasonable~ steps to-minimize the .... ineuvrence oI ~costs allocable, to the work Cov- delivery schedule, the estimated cost, the fee, eredby the orde~ .during the period of work or a.: c0mbination-¯there0f, and-in any ~6ther ~t0ppage. Within a period,of 90 days after a terms of ~the ~ontraet that may be affected" s~op;work~0rder ~is~ delivered 'to the.Contrac- for the ~ords 'an equitable adjustment ¯ in -tot, or.within,:any exteOsion:of that period to the delivery, schedule¯, or.c0ntract" price, -: or ~Which pavfi~ shall~have agreed; .the Con- both.Y the ., 'tracting:Officer shall either~~ , .... .. . ~ [~FAC,8~:~;~0 FR 22~2, 1~,15~851effective 1/15~85; F)kC 84~49, 54FR 29283, 7/ii/89, efiec:tix;e".:8/10/8~i ...i, Redesigrlated ~?om ~:'"(2) Terminate: me' Work c~ver~d by the 90;;2,160 FR..48206, :0re? as" ~Pbvi~-edin.th~ Def~uk¢ the Ter- 52.2.i2-;1;,"FAC :or ,e.ffecti~6.... i0/1/951 ~ihation~ ;:~or :Convefiience 6t :the' GovOfn- 9/18/95,':..'..'. . '.'. i.'i ,:
:i[(r ~ ?. . ~/.?f?.~;" ~ .~ '. " . . .:. -, .:~:,-
[~[ 31,352.80] ~.: : ((b). I£ a .s~op,wovk :orde-~iss.ueO,uMer.. " ~- : " ") ' .... ~i, " : . " : :~e!ause. is:: canceled ;the, .period. of the:order . .or or any extension thereof expires, the Contrac- g2:24~216 St;p-Wo.~k0rddr.-~FaciiRies2 . tor shall resume¯ work. The Contracting Of~fi~gV:sfiall~ ma~e..an~oquit~bt6 -gdjOst.mfnt in : AS-¯i3e~¯dl~ib+di~42AS0~(~)~ihs~rt:~he followifl~ Cl~u~e. "90'day;"'pei-iott ~st'at~'d The 't~ -~ d~live~ se-~dule"-0r ~ '~36tE~)~nd e~'fi~~Ot: ghOUl,b~ m~difi~d,in the ~laus~. may,be, :reduCedto. :!ess than, 90 ihe days,¯ ~ ~~;. ~ ...:~ ,..~ ..:: ..:. .... ~, ::; ~,~.. ~ri~ifig; ~ aceOrdin#)) if~.: ~~) ' " - ':' :'
. ,:,:.
.~ ..
Case 1:06-cv-00113-MBH
Document 18-4
Filed 09/22/2006
Page 12 of 12
DEPARTMENTOF THE NAVY NORTHERN DIVISION NAVAL FACILITIESENGINEERING COMMAND OFFICER CHARGE CONTRACTS IN OF RESIDENT OFFICER CHARGE CONSTRUCTION IN OF NAVAL ACTIVITIESNARRAGANSETT AREA BAY ONE SIMONPIETRi DRIVE NEWPORT 02841-1712 RI
IN REPLY REFER TO:
4330 ROICC/L2283 May2, 2003 Mr. Edward Eichen OakEnvironmental Consultants,inc. 600 N. Route73 Suite 12 Maflton, NJ 08060 DearMr. Eichen: SUBJECT:CONTRACT N62472-02-C-0095, ANCHORAGE HOUSING REPAIR PROJECT AT THE NAVALSTATION, NEWPORT, Ri Yourperformance the subject contract is herebysuspended of pursuantto contract clause FAR 52.242-14,Suspension Work(APR of 1984) effective immediatelythrough May01,2004. Youare to stop all on-site workexceptthat whichis necessary correct all safetydeficiencies; to preventdamage existing government to property, andsecureexisting housingunits andProject materials.Processing contractuallyrequiredadministrative of items(including, but not limited to, submittalsandtraining), ordering additionalcontractmaterials,andanyoff-site workshall stop of immediately.
....
You instructedto mitigate anyandall costs, includingthoseof subcontractors, any), are (if associated with this suspension. ~n addition, pleaseprovidea proposal the deletion of all the remaining for workunderthis contract to this office. there are any questions, pleasedo not hesitate to contact K. Sampson 401-841-1764 at or LTJG No,anReddingat 401o841=1763. Sincerely,
I Michael Zano~~i A. Lieutenant Commander, Civil EngineerCorps, U. S. Navy Resident Officer in Charge Construction of cc: U. S. SMALL BUSINESS ADMiNISTRATiON New JerseyDistrict Office
Invoice: Customer: Dept: -
0000~±
Track: 791370069490 Mode: FedEx Express Priority Shipping: Date: 05/@2/2@03 OAK ENVIRON Weight: 1.00 Special: 0.00 Handling: COD: DV: 0,00 Total: 4.4F,
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