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61 APPENDIX C Warranty And Payment Bond The manufacturer of the epoxy binder and the Contractor shall jointly and severally furnish a bond for the faithful perfor- mance of all obligations imposed upon each by the clauses hereof entitled "Manufacturer's Warranty" and "Contractor's Warranty" and also for the payment of all lawful claims of subcontractors, material men, and workmen arising out of the per- formance of each such Warranty. Such bond shall be in the form bound herewith entitled "Warranty and Payment Bond," shall be in a penal sum equal to the Lump Sum compensation inserted in the Form of Contract clause entitled "General Agreement" and such bond shall be signed by one or more sureties* satisfactory to the Authority. The bond may be executed on a separate copy of such form not physically attached to this Contract booklet. In any case, both the form of bond bound herewith and any unattached executed copy thereof shall form a part of this Form of Contract as though herein set forth in full. Submit such bond to the Authority with the Proposal. * Sureties must be corporations (commonly known as "surety companies"), authorized to do business as sureties in the state(s) in which the construction site is located, whose names appear on the current list of the Treasury Department of the United States in effect at the time of submission of the Warranty and Payment Bond to the Authority as acceptable as sureties to the Treasury Department. In addition, the aggregate underwriting limitations on any one risk as set forth in the aforementioned list of the Treasury Department of the sureties shall equal or exceed the penal sum of the Warranty and Payment Bond.

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62 MANUFACTURER'S WARRANTY WHEREAS, Name of Manufacturer , Address _________________ Telephone ______________________, FAX _ ____________________________________________________ manufactured the epoxy binder for Authority Contract LGA-124.058, entitled "La Guardia Airport Wearing Course Installa- tion on Runway Decks"; a copy of said Contract is hereby made a part of this warranty as though set forth in full; and WHEREAS, the above-named entity has agreed to warrant the Work as such term is defined in Contract LGA-124.058 to the Port Authority of New York and New Jersey, to preserve the performance of the Work against any degradation of performance from the requirements of said Contract during the term of said Contract and for a period of five (5) years from the date of issuance of the Certificate of Final Completion for Contract LGA-124.058; and WHEREAS, the above-named entity agrees to repair the Work in the event of any degradation of performance of the Work as specified in 3.03 of the Section of the Specifications for Contract LGA-124.058, entitled "Epoxy Overlay," as determined solely by the Manager, La Guardia Airport, and further agrees to commence repair within three (3) calendar days of notifica- tion from such Manager of the necessity for such repair and perform such repair operations continuously between the hours of midnight and 6:00 a.m., seven days a week (weather permitting), 365 days per year until completion of each such repair to the satisfaction of the Manager, La Guardia Airport; and WHEREAS, the above-named entity agrees that no exclusion to this Warranty shall be made for any reason whatsoever; and WHEREAS, this Warranty shall be deemed to have been made by the above-named entity pursuant to the requirements of Contract LGA-124.058, and with the full knowledge that it would become a part of the records of the Authority and that the Authority will rely on its truth and accuracy in awarding Contract LGA-124.058; and WHEREAS, the above-named entity agrees to insure its financial viability for the term of Contract LGA-124.058 and the Warranty period thereafter in accordance with the clause of Contract LGA-124.058 entitled "Warranty and Payment Bond"; NOW, THEREFORE, the above-named entity hereby warrants the Work as such term is defined in Contract LGA-124.058, jointly and severally with any other entity which executes a Warranty for the Port Authority of New York and New Jersey with respect to Contract LGA-124.058, jointly and severally with any other entity which executes a Warranty to the Port Authority of New York and New Jersey with respect to Contract LGA-124.058; IN WITNESS THEREOF, the above-named entity has caused this instrument to be executed by a duly authorized officer. ____________________________________________________________ (Type or print name of Manufacturer) By:_________________________________________________________ (Signature of officer of Manufacturer) ____________________________________________________________ (Type or print name of officer of Manufacturer) ____________________________________________________________ (Type or print title of officer of Manufacturer) ____________________________________________________________ (Type or print date) Insert Manufacturer's name. If a corporation, give state of incorporation, using the phrase, "a corporation organized under the laws of the State of ________ ." If a partnership, give full names of partners, using also the phrase, "co-partners doing business under the firm name of ______________________________ ." If an individual using a trade name, give individual name, using also the phrase, "an individual doing business under the trade name of _ _______________ ."

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63 CONTRACTOR'S WARRANTY WHEREAS, (Name of Contractor) , Address _________________, Telephone _______________________________________________________________________________, FAX ___________________________________________________________________________________, entered into a Contract in writing with the Authority, a copy of which is hereby made a part of this warranty as though set forth in full and which is designated Contract LGA-124.058 entitled "La Guardia Airport Wearing Course Installation on Runway Decks"; and WHEREAS, the above-named entity has agreed to warrant the Work as such term is defined in Contract LGA-124.058 to the Port Authority of New York and New Jersey, to preserve the performance of the Work against any degradation of performance from the requirements of said Contract during the term of said Contract and for a period of five (5) years from the date of issuance of the Certificate of Final Completion for Contract LGA-124.058; and WHEREAS, the above-named entity agrees to repair the Work in the event of any degradation of performance of the Work as specified in 3.03 of the Section of the Specifications for Contract LGA-124.058, entitled "Epoxy Overlay," as determined solely by the Manager, La Guardia Airport, and further agrees to commence repair within three (3) calendar days of notifica- tion from such Manager of the necessity for such repair and perform such repair operations continuously between the hours of midnight and 6:00 a.m., seven days a week (weather permitting), 365 days per year, until completion of each such repair to the satisfaction of the Manager, La Guardia Airport; and WHEREAS, the above-named entity agrees that no exclusion to this Warranty shall be made for any reason whatsoever; and WHEREAS, this Warranty shall be deemed to have been made by the Contractor pursuant to the requirements of Contract LGA-124.058, and with the full knowledge that it would become a part of the records of the Authority and that the Authority will rely on its truth and accuracy in awarding Contract LGA-124.058; and WHEREAS, the above-named entity agrees to insure its financial viability for the term of Contract LGA-124.058 and the Warranty period thereafter in accordance with the clause of Contract LGA-124.058 entitled "Warranty and Payment Bond"; NOW, THEREFORE, the above-named entity hereby warrants the Work as such term is defined in Contract LGA-124.058 jointly and severally with any other entity which executed a Warranty to the Port Authority of New York and New Jersey with respect to Contract LGA-124.058; IN WITNESS THEREOF, the above-named entity has caused this instrument to be executed by a duly authorized officer. ____________________________________________________________ (Type or print name of Contractor) By: _________________________________________________________ (Signature of officer of Contractor) ____________________________________________________________ (Type or print name of officer of Contractor) ____________________________________________________________ (Type or print title of officer of Contractor) ____________________________________________________________ (Type or print date) Insert Manufacturer's name. If a corporation, give state of incorporation, using the phrase, "a corporation organized under the laws of the State of ________ ." If a partnership, give full names of partners, using also the phrase, "co-partners doing business under the firm name of ______________________________ ." If an individual using a trade name, give individual name, using also the phrase, "an individual doing business under the trade name of _ _______________ ." If a joint venture, insert name as appropriate for one participant of the joint venture on this page and attach and complete an additional page in the same form as spears on this page for each other participant as required.

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Abbreviations used without definition in TRB Publications: AAAE American Association of Airport Executives AASHO American Association of State Highway Officials AASHTO American Association of State Highway and Transportation Officials ACINA Airports Council InternationalNorth America ACRP Airport Cooperative Research Program ADA Americans with Disabilities Act APTA American Public Transportation Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials ATA Air Transport Association ATA American Trucking Associations CTAA Community Transportation Association of America CTBSSP Commercial Truck and Bus Safety Synthesis Program DHS Department of Homeland Security DOE Department of Energy EPA Environmental Protection Agency FAA Federal Aviation Administration FHWA Federal Highway Administration FMCSA Federal Motor Carrier Safety Administration FRA Federal Railroad Administration FTA Federal Transit Administration IEEE Institute of Electrical and Electronics Engineers ISTEA Intermodal Surface Transportation Efficiency Act of 1991 ITE Institute of Transportation Engineers NASA National Aeronautics and Space Administration NASAO National Association of State Aviation Officials NCFRP National Cooperative Freight Research Program NCHRP National Cooperative Highway Research Program NHTSA National Highway Traffic Safety Administration NTSB National Transportation Safety Board SAE Society of Automotive Engineers SAFETY-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (2005) TCRP Transit Cooperative Research Program TEA-21 Transportation Equity Act for the 21st Century (1998) TRB Transportation Research Board TSA Transportation Security Administration U.S.DOT United States Department of Transportation

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TRANSPORTATION RESEARCH BOARD 500 Fifth Street, N.W. Washington, D.C. 20001 ADDRESS SERVICE REQUESTED ISBN: 978-0-309-14354-7