HomeMy WebLinkAboutScavenger Waste Treatment Facility
JUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
TO\VN CLERK
RU;JSTRAR or VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 7,1988
George W. Desmarais, P. E.
Holzmacher, McLendon & Murrell, P. C.
575 Broad Hollow Road
Melville, New York 11747-5076
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
Change 0 rder No. 6
C36-1120-03 (SOHT 88-01)
Dear George:
Transmitted herewith are five (5) executed Change Order No.6, Ferran
Concrete Co., I nc. on the above referenced project. I have retained the
original executed copy for your records. Also enclosed are certified resolutions
pertaining to same.
Very truly yours,
~l-~_
Judith T. Terry
Southold Town Clerk
Enclosures
JUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
.-oWN CLERK
REl;ISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 6, 1988:
RESO LVED that the Town Board of the Town of Southold hereby authorizes
and directs Supervisor Francis J. Murphy to execute Change Order No.6,
Ferran Concrete Co., Inc., General Construction & Mechanical Work, Southold
Scavenger Waste Treatment Facility, for a no-cost time extension of sixty (60)
calendar days, which will establish the new project completion date at November
28, 1985; and be it further
RESO LVED that the Town Board of the Town of Southold hereby authorizes
payment of $31,000.00 to Ferran Concrete Co., Inc., which sum includes the
amount remaining for punch list and the amount pursuant to Change Order
No.6.
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Judith -r-?'Terry -
Southold Town CI"r
Sept"mber 7, 1988
JUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
roWN CLERK
REGISTRAR Ol- VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE
SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 6, 1988:
RESO LVED that the Town Board of the Town of Southold hereby authorizes
the close-out of the Southold Wastewater Capital Fund and directs that the
fund balance and all residual monies be transferred 1:0 the Southold Wastewater
District.
, -----' ~
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/'fudith~T. Terry rJ
Southold Town Clel'k
September 7, 1988
(;I<C)UP
CHANGE ORDER NO. 6
CONTRACT NO. 1
General Construction & Mechanical Work
C3 6-112 0-03
PROJECT:
Southold Scavenger Waste Treatment
Facility
CONTRACTOR:
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Contact: Mr. Lloyd Murdock
(516) 249-4975
OWNE R :
Town of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
H2M/Holzmacher, McLendon & Murrell, P.C.
575 Broad Hollow Road
Melville, New York 11747-5076
Contact: George W. Desmarais, P.E.
(516) 756-8000, ext. 610
DESCRIPTION OF CHANGE ORDER
This Change Order entails the following itE'm:
A) A no-cost time extension of sixty (60) calendar days, which
will establish the new project completion date at November
28, 1985.
REASON FOR MODIFICATION
A) The time extension is necessary due to weather conditions
and the initial delay in project startup. The project was
bid on February 21,1984. Contract award, as per the con-
tract documents, should have been made within 45 days of bid
(by April 6, 1984). However, the Town of Southold requested
and received two (2) contract award extensions from the
Contractor, and the contract was not awarded until June 5,
1984 (60 days past the initial 45-day deadline). The delay
was required by the Towns in order to increase their bonding
capacity to cover the bids and to allow for NYS audit and
control review of the project costs.
"
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CHANGE ORDER NO. 6 (CONTINUED)
The primary impact of the delay was to replace approximately
two warm weather months in the proj ect schedule (April and
May) with two colder weather months (October and November).
The amount and types of outdoor work which can be completed
in the colder months is obviously less than that which can
be completed in the warmer months.
The Contractor had anticipated completing the majority of
the concrete work during the construction season of 1984.
Due to the delay in contract award, a portion of the con-
crete work could not be completed by the winter season of
1985 and therefore was completed in the spring season of
1985. This in turn delayed some the mechanical equipment
installation during the 1985 construction season and re-
suI ted in the Contractor not completing the proj ect by the
contract completion date of September 29, 1985.
Based on the above, it is the Engineer's recommendation that
a sixty (60) day no-cost time extension be granted to this Con-
tractor.
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ENGINEER:~
ACCOUNTING & FINANCE DEPARTMENT
TELEPHONE
(516) 765-4333
TOWN HALL, 53095 MAIN ROAD
P.O. BOX 1179
SOUTHOLO, NEW YORK 11971
OFFICE OF THE SUPERVISOR
TOWN OF SOUTH OLD
RESOLVED that the Town Board of the Town of Southold hereby
authorizes the close out of the Southold Wastewater Capital Fund
and directs that the fund balance and all residual monies be
transferred to the Southold Wastewater District.
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HoIzmacher, McLendon and Murrell, P.c.. Holzmacher, Mclendon and Murrell. I:nc.. H2M Labs, Inc.
Ellgil}L'er'" .\rchitcch, PbrllllT'-', Scielltists
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RECEiVED
HAND DELIVERED
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1 1988
August 30, 1988
Soollho!d T 0',..-11 Clerk
Judith T. Terry, Town Clerk
Town of Southold
5309'3 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
Change Order No. 6
C36-1120-03 (SOHT 88-011
Dear Ms. Terry:
Enclosed please find five (5) copies of the proposal submitted by
Ferran Concrete Co., Inc., for Change Order No. 6 on the above
referenced project. The work included in Chan~re Order No. 6 is
as d,"tailed in the enclo:oed documentation of the description and
reasons for the work provided.
Our office has reviewed the no-cost contract extension (Change
Order No.6), and found it to be satiSfactory. Please execute
Chan,J€ Order No. 6 and return four (4) copies to our office so
that we may forward one (1) copy to the contractor for his
records and to NYSDEC for their review and approval.
Should any questions arise regarding the above, please contact
our office.
Very truly yours,
HOLZl'IACHER, McLENDON & MURRELL, P.C.
tl_ ~~
,N1!O~Cf M.
Geors'e W. Desmarais, P.E.
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enclosures
cc: Supervisor Francis J. Murphy
Town Board Members
James A. Schondebare, Esq.
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Ho1zmacher, McLendon and Murrell, P.c. . Ho1zmacher, Mclendon and Murrell, Inc. . H2M Labs, Inc.
Engineers, Architects, Planners, Scientists
575 Broad Hollow Road, Melville, NY. 11747,5076
(516) 756,8000 . (201) 575,5400
FAX 516.694,4122
June I, 1988
REcEIVED
'JUN 2 1988
James A. Schondebare, Esq.
Town Attorney
Town of Southol d
Main Road
Southold, New York 11971
S(l"tIon'~ T........ n"rlo
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
SOHT 88-01
Dear Mr. Schondebare:
As discussed at our May 31, 1988 meeting, I have enclosed for
your review the following correspondence in regards to Ferran
Concrete Co., Inc. contract extension/liquidat,~d damages on the
above referenced project:
I) March 14, 1986 letter from Ferran C,oncrete Co., Inc.
attorney (Ira L. Hyams) to Supervisor Murphy. The
letter requests a meeting to discuss the assessment of
damages for late completion on the project.
2) March 18, 1986 let tel' from Supervi SOl' Murphy to Mr.
Hyams. The letter requested that Ferran Concrete Co.,
Inc. document any reasons why the Town should not levy
liquidated damages for late completion.
3) April 22, 1987 letter from Ferran Concrete Co., Inc. to
Supervi SOl' Murphy. The let tel' req ue llted a 90 day ex-
tension to the completion date of the project, based on
delays in the contract award and contract signing.
4) August 10, 1987 letter from our office to Supervisor
Murphy. The letter provided a chronological summary of
events from bidding, award, signing contracts and ini-
tiating construction of the project.
5)
May 25, 1988 letter from
Murphy. The letter requests
discuss liquidated damages.
Mr. Hyams to Supervisor
a meet ing with the town to
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Mr. James A. Schondebare
-2-
June I, 1988
I believe we have provided the Town with sufficient information
to determine the extent of the liquidated damages.
If I can be of any further assistance, please contact our office
at 756-8000, ext. 350.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ Y'..{;~
George W. Desmarais, P.E.
GWD:fbg
Enclosures
cc: Supervisor Francis J. Murphy
Town Board
ti~GROUP
Ho1zmacher, McLendon and Murren, P.c. . Holzmacher, McLendon and Mlurrell, Inc. . H2M Labs, Inc.
Engineers. Architects, Planners, ScientisL"i
575 Broad Hollow Road. Melville, NY 11747,5076
(5]6) 756.8000 . (20]) 575.5400
FAX 516,694,4]22
RECEIVED
JUN 2 1988
June I, 1988
501"""1" Tn"""' ('1...-1<
Ms. Ann Visser
Albrecht, Viggiano, Zurek & Company, PC
Certified Public Accountants
375 Fulton Street
PO Box 56
Farmingda1e, New York 11735-0056
Re: Town of Southold
Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SHOT 88-01)
Dear Ms. Visser:
The following information is provided for the, above referenced
construction project completed by Ferran Concrete Co., Inc. of
Farmingdale, New York:
1) Original contract price $1,957,000.00
2) Total approved Change Order $38,025.56
3) Total billings $1,995,025.56
4) Total payments by Town of Southold $1,958,525.56
5) Substantial completion date of project December
13, 1985
If any questions arise concerning the above, please contact our
office at 756-8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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George W. Desmarais, P.E.
GWD:fbg
cc: Supervisor Francis J. Murphy
Town Board
James A. Schondebare, Esq.
John Cushman
Egidio Ferrante
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Holzmacher, Mclendon and Murrell, P.C.. HoJzmacher, McLendon and Murrell, Inc.. H2M Labs, Inc.
Engineers, Architects, Planners, Scientist~
575 Broad Hollow Road, Melville, NY. 11747'5076
(516) 756,8000 . (20ll 575,5400
January 27, 1988
RfaMD
JAN 2 9 1988
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingddle, New York 11735
Sat"""... T "-' ('I.....
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Mr. Murdock:
In my letters of June 17 and August 29, 1987, and January 5,
1988, I requested that a field trip be arranged by your subcon-
tractor on the above referenced project for the purpose of deter-
mining the operational problems and inconsistent operation of the
grit screw of the grit collection system.
On January 21, 1988, the grit screw equipment manufacturer (LYCO,
Ronald Lieblein) and your subcontractor (.James McCullagh Co.,
Inc., John Kowalchuk) visited the site to evaluate the condition
of the grit screw. Based on not being notified in advance of
their site visit, the grit chamber could not be pumped down dur-
ing the visit. However, Tom Cybulski from the Inc. Village of
Greenport provided pictures to Ron Lieblein of the condition of
the submerged hanger bearing for the grit screw. The pictures
showed the submerged hanger bearing had ripped away from the
steel support frame, and the steel screw had been worn down from
12 inches to 8 inches diameter in spots.
Based on my discussions with Ron Lieblein, LYCO is to prepare a
report on their findings and recommendations to correct the situ-
ation. Due to the critical nature of the operation of this
equipment, the grit screw must be placed back on line as soon as
possible. Therefore, you are requested to ensure that your sub-
contractor acquires this report from LYCO as soon as possible.
,~ ...
Melville, ~.Y. . Ri\'crhcad, N.Y. . Fairfield, NJ
,
I1~GROUP
Mr. Lloyd Murdock
-2-
January 27, 1988
If any questions arise, please contact our office at 756-8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~.u. iJ~I~"IJII'
George W. Desmarais, P.E.
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cc:
~pervisor Francis J. Murphy
,lrown Board
Supt. James I. Monsell
Village Board
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IJUN 1 5 1988
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626,9250. (718) 895,5550
Telex #141351
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322 Park Avenue
Scotch Plains, New Jersey 07076
(201) 322-6821
Bonds and Insurance
June 7, 1988
r- TOWN OF SOUTHOLD AND/OR TOWN BOARD I
TOWN HALL
53095 MAIN STREET
SOUTHOLD, NY 11971
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Re: SOUTHOLD SCAVENGER WASTE PROJECT, CONTRACT #3 PLUMBING C36-1120 SOUTHOLD 83-01,
TOWN OF SOUTHOLD AND OR BOARD AND INC. ADD'L INSURED UNDER GL AS OF 5-31-88
CIxOn behalf of our client: James McCullagh Co., Inc. & William H. Doremus, President
Enclosed please find:
DxCertificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
o Builder's Risk Binder(s) Policy
o Endorsement amending policy as shown below (see remarks)
o Please refer to remarks section below.
o Enclosed please find il:ems indicated above, in accordance with your request.
Please distribute original and one copy to I:he proper party (one copy should
be kept for your records).
o REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
cc:
James McCullagh Co., Inc. &
William H. Doremus, President
Kathy Natale
,
~' GROUP
Holzmacher, McLendon and Murrell, P.c. . Holzmacher, McI.endon and Murrell, Inc. . H2M Labs, Inc.
Engineers, ArclliteclS, Planners, Scientists
:;-S Broad Hollow Road, Melville. N.Y. 1 ):.P-'::;076
1';16) 7'i6,HOOO. (201) ';7'i,';400
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RECEIVED
JAN 8 1988
January 5, 1988
s.., 1f~)A Tn"'~ ('t,.,Cc
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1l20-03 (SOHT 88-01)
Dear Mr. Murdock:
On June 17 and August 20, 1987, I forwarded letters to you
(copies enclosed) concerning the malfunctioning equipment sup-
plied and installed by your subcontractor on the above referenced
project. To date, I have had no response to my requests to ar-
range for field visits by the manufacturers' representatives of
the equipment to determine the operational problems and inconsis-
tent operation of tqe grit collection system.
The grit collection system has been inoperative since October 20,
1987. At that time, it was determined that the lower one-third
of the grit screw was not rotating. On December 22, 1987, the
grit trough was pumped down by the scavenger plant personnel and
the grit screw inspected. Based on that inspection, it was de-
termined that the Submerged hanger bearing had ripped away from
the steel support frame. The submerged hanger bearing is water-
lubricated based on the manufacturer's original shop drawing sub-
mittal and, therefore, requires no maintenance.
Because the hanger bearing ripped away from the steel frame which
Supports the grit screw, the grit screw rode directly on the
steel trough and wore down the screw, which was originally 12
inches in diameter, to approximately 8 inchE!S in diameter. The
equipment is critical to the everyday operation of the facility
and, therefore, must be placed back on line as soon as possible.
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Mr. Lloyd Murdock
-2-
January 5, 1988
Under the one-year maintenance bond your firm submitted on the
project on April I, 1987, you are required to correct any defects
or def ic ienc ies in ma ter ial s or workmanship on the proj ect.
Based on the above information, you are requested to ensure that
your subcontractor on the project, James 11cCullagh Co., Inc.,
schedules a field inspection with the manufacturer of the equip-
ment (LYCO) to determine the reason for the malfunction. This
field inspection must be scheduled as soon as possible and no
later than January 15, 1988.
In light of the fact that our office originally requested that
the field visit be scheduled in my June 17, 1987, letter to you,
and the work still has not been completed, the Town of Southold
is contemplating action to collect damages through the forfeiture
of your maintenance bond. Notify our office 48 hours in advance
of the field visit at 756-8000 so that I can arrange to have the
grit chamber emptied of its contents.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~~~~
George W. Desmarais, P.E.
GWD:mad
cc: Supervisor Francis J. Murphy
~uthold Town Board
Supt. James I. Monsell
l-t~,"GROUP
COpy FOR lift
INFORMAnO.
Ho1zmacher, McLendon and Murren, P.C. . H2M1Ragold, Inc. . H2M Labs, line.
575 Broad Hollow Road, Melville, NY. 11747,5076
(516) 7')6,8000. (201) 57,),')400
August 20, 1987
IEOlvtO
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h 1hoIrI T _n C!.I4t
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment FaCility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 87-01)
Dear Mr. Murdock:
On June 17, 1987, I forwarded a letter to you (copy enclosed)
concerning the malfunctioning equipment supplied and installed by
your subcontractor on the above referenced project. To date, I
have had no response to my request of June 17th to arrange for
field visits by the manufacturers' representatives of the equip-
ment to determine the operational problems.
Since both pieces of equipment involved (grit collector and hy-
drochloric acid storage tank) are critical to the everyday opera-
tion of the plant, the field visits should be scheduled as soon
as possible. Please see that your subcontractor completes these
items and contacts our office when the field "isits have been ar-
ranged.
If any questions arise, please contact our office at 756-8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~J?cx!t'! 4f~
George W. Desmarais, P.E.
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Enclosure
cc:
~pervisor Francis J. Murphy
~outhold Town Board
Supt. James I. Monsell
Melville, N,Y. . Riverhead, NY . Fairfield, NJ
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Holzmacher, McLendon and Murrell, P.C. . H2M1RagoId, Inc. . H2M Labs, [nc.
575 Broad Hollow Road, Melville, NY. 117475076
(516) 756.8000. (201) 5~5,5400
August 10. 1987
IEaMD
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Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
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Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction and Mechanical Work
Contract Extension
SORT 87 -01
Dear Supervisor Murphy:
Per your verbal request, our office has reviewed the Ferran Con-
crete Co., Inc., letter of April 22, 1987 (copy enclosed), to the
Town requesting a 90-day contract extension on the above refer-
enced project. Ferran is requesting the contract extension as a
possible reason to offset any liquidated damages the Town may
levy against them for not completing the pro:iect by the project
completion date of September 29, 1985. The letter requests the
contract completion date extension based on Ferran's agreeing to
two 45-day extensions prior to signing of the contract at the be-
ginning of the project.
The following is a chronological summary of the events from bid-
ding the project to starting construction operations:
1) 2/21/84: Project bid date (contract to be awarded
within 45 days as detailed in the specifications).
2) 3/14/84: Letter from H2M to Ferran requesting that
they agree to a no-cost award extension for the Town of
45 days. The extension was required to allow for the
time required to secure New York State Audit and Con-
trol approval on the construction costs, prior to NYS-
DEC's approval.
3) 3/19/84: Letter from Ferran to the To,,'n agreeing to
extend the award period from April 6 to May 25, 1984.
4) 5/18/84: Letter from Ferran to the Town agreeing to an
additional 14-day award period extension., from May 25
to June 9, 1984, for completion of Audit and Control
and NYSDEC review and approval.
Melville, NY. . Riverhead, NY. . Fairfield, NJ.
.
('..'~>GROUP
Supervisor Francis J. Murphy
-2-
August 10, 1987
5) 6/11/84: Letter from the Town to Ferran informing them
that the contract was awarded to them a.t the June 5th
Town Board meeting.
6)
7/2184:
Ferran signs contracts at Town Hall.
7) 7/18/84: Project construction commences with clearing
operations.
Based on the above information, Ferran agreed to two award exten-
sions on the project for a total of 60 days. The contract was
awarded approximately 105 days from the bid date and the contract
was signed approximately 131 days from the bid date. The project
was considered .substantially. complete on December 13, 1985, by
NYSDEC and, therefore, the project was completed by the contrac-
tor 74 days after the completion date specified in the contract
documents.
If the Town agrees to a contract completion date extension,
please contact our office so that a formal change order can be
processed. If any questions arise concernin~;r the above, please
contact our office at 756-8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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George W. Desmarais, P.E.
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93 ALLEN Bt..VO.
F'ARMINGOALE, N. Y. 11735
AREA CODE 516.2<49-<4975
AREA COOE 516 . 2<49-5737
April 22, 1987
The Honorable Francis J. Murphy
Supervisor
Town of Southold
53095 Main Road
Southold, New York ll971
Re: Southold Scavenger Waste Treatment
Facility - Southold, New York
Contract No. 1 - General Construction
and Mechanical Work
C-36-l120 (SOHT 83-02)
Dear Supervisor Murphy,
We are writing to request an extension to the completion date
for our contract on the southold Scavenger Waste Treatment
Facility.
Our basis for this request lies in the fact that Ferran Concrete
Co., Inc. gave the Town of Southold two forty-five (45) day
extensions to the original forty-five (45) day contract signing
period stipulated by the bid documents. As a result of s~gning
the contract in July instead of April, there was not enough time
to complete the concrete work before the intervening winter, as
we had planned to do when we bid the jOb. Instead, our concrete
operations were interrupted for approximately three (3) months
by winter weather until March 1985, which had the effect of reduc-
ing by an equivalent time period, the time left for the install-
ation of mechanical, architectural, and site work. If the contract
had been awarded during the original for'ty-five (45) day period,
the mechanical work could have directly followed the concrete work
with no interruption for the winter months.
We also ask you to consider that both ex'tensions were given by
Ferran Concrete Co., Inc. with no cost t" the Town, despite the
fact that we- had at least three (3) months of our work pushed into
an increased pay rate period. We also experienced additional
,r.'
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The Honorable Francis J. Murphy
Supervisor
Town of Southold
Page 2
problems with subcontractors and suppliers, who normally
will hold prices for only thirty (30) to forty-five (45)
days.
We respectfully request that for these reasons, and in light
of the complexity and quality of the work involved, that
Ferran Concrete Co., Inc. be granted a ni.nety (90) day
extension to our contract.
Very truly yours,
FERRAN CONCRETE CO., INC.
~~ '~;...n;:- :><.
cE J.dio F~ante --..
President
EF:km
cc: G. Desmarais - H2M
L. Murdock - Ferran
~
"
'~~1GROUP
COPt f. _
IlfORIIATIII
HoIzmacher, McLendon and Murren, P.c. . H2M1RagoId, Inc. . H2M Labs, loc,
575 Broad Hollow Road, Melville, NY. 11747-5076
(516) 756,8000. (201) 575,5400
-2>>.
June 17, 1987
..." 2 2 .r
1J dill T_ CI-..
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 87-01)
Dear Mr. Murdock:
The following pieces of equipment, supplied by your subcon-
tractor on the above referenced project, are not functioning
properly and will require a field visit by the manufactur-
ers' representatives:
1) The grit collection system manufactured by LYCO,
Inc., Marlboro, New Jersey, is operating sporadically. Me-
Chanically, the inclined grit screw is operating fine, but
it is not consistently removing the grit in the chamber. At
times, the grit accumulates at the bottom of the trough and
is not transported by the screw for removal. Attempts by
plant personnel to modify the air supply system to the aer-
ated grit chamber have increased grit removal capabilities.
The grit still accumulates at times and is difficult to re-
move. A field visit by the manufacturer's representative
will be required to inspect the operation and suggest fur-
ther modifications to the system.
2) Bolts used on the hydrochloric acid (HCl) storage
tank manufactured by XERXES Corporation, Avon, Ohio, are
showing signs of rust and deterioration. Some of the bolt
heads used to secure the manway opening to the tank have
rusted to the point of falling off. A field visit by the
manufacturer's representative will be required to determine
the reason for this condition and to suggest ways to correct
it.
Since both of the above pieces of equipment are critical to
the everyday operation of the plant, the field visits should
be scheduled as soon as possible. Please see that your
subcontractor completes these items and contacts our office
when the field visits have been arranged.
Melville, NY. . Riverhead, NY . Fairfield, NJ.
~
i~.'
"
,
,
GROUP
Mr. Lloyd Murdock
-2-
June 17, 1987
If any questions arise, please contact our office at 756-
8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ tf211,dJ~
George W. Desmarais, P.E.
GWD:mad
cc:
~pervisor Francis J.
~outhold Town Board
Supt. James I. Monsell
Murphy
. Certlflcete of Insurence
,... ClIITlPlCATI...luaO..' A .A"," Of' _ORMATION ONLY AND COHfJI'" NO "KlNTI UPON YOU TItI C:lft1VJCATI NOLD.PI. TtttI Crlltf1lrtCATlII NOT All __Allel
POLICy AND DOE. NOT "MlNO, IXRND. Oft ALTER 11fE COVERAOr "'FORDlD., THI POUCIE. LilTED IHLOW.
;;:'
This is to Certify that
r.James McCullagh Company, Inc.
75 East Bethpage Road
P1ainview, New York 11803
Rf<IMD
.tUN t 9 1987 "1
-
Name and
address of
In!lurec/.
LIBERlYfa
MtITUALW
TYPE 01' POLICY CERT. EXP, DATE POLICY NUMBER LIMITS OF LIABILITY
CO\IfIlAGE AFFOI'DED UNDER W.C, COY: I
LAW Of THE fOllOWING STATES, IIOOI1.Y INJURY BY ACCIDENT
WORKERS' s 100.000 EA, ACCIDENT
5/31/88 WCl-121-065944-017 !I.Y. BOOtLY INJURY IY DISEASE ,
COMPENSATION s 100,000
EA, PERSON
BOOtLY INJURY IY DISEASE
5500,000 POlICY lIMIT
(]I Fdt.PtlEHENSIVE BODILY INJURY PROPERTY DAMAGE
EACH EACH
o SCHEDULE FOllM $ OCCURRENCE $ OCCUlRENCI
[jj ~~TS COM.
II LETE OPERATIONS 5/31/88 LGl-121-065944-027 $ AGGREGATE $ AGGREGATE
0
ii~~NTCON. COMBINED SINGLE LIMIT
[jj TOR PItO CONTIlAC.
TECTM BODILY INJURY AND PROPERTY DAMAGE
~ ~~TUAl $1,000,000 EACH OCCURRENCE
L BIll $1,000,000 AGGREGATE
1[iJ m"
125 ~ OWNED $ EACH ACCIDENT.SINGLE LIMIT.I.1. AND P.D, COMBINED
;:)iiI ~ NON-OWNFD $ EACH PERSON
o(~ I!J HIRED 5/31/88 ~81-121-065944-037 EACH ACCIDENT EACH ACCIDENT
$ Oll OCCURRENCE $1 , 000 , OOOR OCCURtlENCE
II< Excess
... Umbre 11a 5/31/88 LEl-121-065944-047 $10,000,000
5
lOCA1ION(SjOFOPfRATIONS&JOU(KAppI_1 AS RESPECTS TO ALL 0 ERATIONS PEB.FoMMll'P~IP"!fAMES MCCULLAGH
CO., INC. IN CONNECTION WITH SOUTHOLD SCAVENGER WA TE PROJECT, CONTRACT #3 PLUMBING C36-1120,
80TH 83-02. INCLUDED AS ADDITIONAL INSUREDS: TOWN F SOUTHOLD &/OR TOWN BOARD AND INC. VILLAGE
. : You will NOT be notifiad snnually of the continuation of Ihis coverage. You will be nolifi,1d if this coverage is terminatad or raducecl.
....,.., Town CW
L ..J
is. al die issue dale- of this ctnificale. insured by the Company under lhe polil;y(ies) lislcd below. -The insurance afforded by Ihc lislcd polkr(ies) is 5ubjecllO all
lheir centis. e.lldusions and condilions and is noI allered by any requirement. lenn or condilion of any contract or ocher document wilh rrspt'C11o which Ibis
cenifiClle may be issued.
Nona OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR
REDUCE lHElNSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
t.~ DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAlLEDTO, " EXCEPT FOR NON-PAY"
r
CfRTlPlCAR
1lCllDI..
TOWN OF SOUTHOLD AND/OR TOWN BOARD
TOWN HALL
53095 MAIN STREET
SOUTHOLD, N.Y. 11971
..,
~~~
AUTHORIZED REPtlESENTATM!
6/16/87 dp UNIONDALE, N.Y. 11553
DATE ISSUED OffCE
L J
----...........,~MUlUALINItJIII...NCI~.,.................,......br"...~
w::!~
, " Cet lIf1cate of Insurance I
nil ~flllCATI" tItuID"1 A UnI" OP INPOfUIATfOH ONLY AND COWUtI NO "IOMTI UII'ON YOU TMI CllllflrtCATI MOLDI". '*' CIR1W'ICATlII NOT AN _.,...~
I'OUCV_OOI. NOT ..1110, IIflNO, O. .Ln. THI COVI..OI."0lID10 IT TNI_C.. LIITIO IILOW. .
This is 10 Certify that
rJamel McCullagh Company, Inc.
75 lalt Bethpage Road
Plainview, New York 11803
.., NalTle and
- add,.ess of
InSl.lI'ed.
LIBERlYfa
MUTUAL"
TYPE.Of POlICY CERT, EXP. DATE POLICY NUMBER LIMITS OF LIABILITY
COVERAGE AFFOROEO UNOER W.C, COY,'
LAWOf THE FOllOWING STATES, IOOILVINJURV.V ACCIOENT
WORKERS' 5 Ion nnn EA, ACCIlENT
5/31/88 WCl-12l-06S944-017 N"Y. IOOIlVINJURY.V OISEASE
COMPENSATION 5100,000
lA, PERSON
IOOIlY INJURY.V OISEASE
5500,000 POlICY lIMIT
Q!I ~HENSM BODILY l"lJURY PROPERTY DAMAGE
EACH EACH
o SCHEDULE FORM $ OCCURRENCE $ OCC_ENCI
[Jij~COM.
II Plf OPERATIONS 5/31/88 LGl-121-065944-027 $ AGGREGATE $ AGGRfGATE
0
fI.~NTCON' COMSINED SINGLE LIMIT
[jJ T T ~~TRAC. BODILY INJURY AND PROPERTY DAMAGE
gg ~TRACTUAl U,OOO,OOO EACH OCCURRENCE
11ITY U,OOO,OOO AGGREGATE
I[i) C",
~S gg OWNEO $ EACH ACCIOINT,S1NGlE llMlT.I", ANO P. 0, COMlIINEO
[JJ NON-oWNFO $ EACH PERSON
<(~ I!I HlREO 5/31/88 ~Sl-121-06S944-037 EACH ACCIIlENT EACH ACCIlENT
$ OR OCCURRENCE $l,OOO,OOOROCCU~NCE
... Excess
... Ulabre lla 5/31/88 LEl-121-06S944-047 $10,000,000
6
lOCATION(S) Of OPERATIONS & JOI # (U"picablo) AS RESPECTS TO ALL 0 ERATIONS PERI'O~~1PNjAMES MCCULLAGH
CO., INC. IN CONNECTION WITH SOUTHOLD SCAVENGER WA TE PROJECT, CONTRACT #3 PLUMBING C36-ll20,
SOTH 83-02. INCLUDED AS ADDITIONAL INSUREDS: TOWN F SOUTHOLD &/OR TOWN BOARD AND INC. VILLAGE
. : You will oor be notified annually of the continuation of thl. coverage, You will be notifje~ if this coverage Is terminated or reduc:ecl.
L ~
is. at the ISSue dale of this cenificalc. insured by 1M Company u,*r lhe policyCics) lisled below. -The insurance afforded b)' me listed policy( ies) is subject 10 all
rhtir tenns. e~c1uliiionlii and conditions Ind is not alleml b)' III)' requirement, lerm or condition of ,illI)' contract or other document ,,"'ith respect 10 which Ihis
cenirkatc mil)' be issued
NOncE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
l." DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAIl.fDTO: " EXCEPT FOR NON-PAY"
r
CIITIPtCATE
HOUlI......
TOWN OF SOUTHOLD AND/OR TOWN BOARD
TOWN HALL
53095 MAIN STREET
SOUTHOLD, N.Y. 11971
-, ~~~
AU1HOIIZED REPlESlNTATM
6/16/87 dp UNIONDALE, N.Y. 11553
,
L
DATE ISSUED
OfFICE
t=~~
I
i
J
I
~
..........."........, ~ lIIUT\ML INIUMHCI QIDMI.,.............. II......., n.. 004.__
.J
ACCOUNTING & FINANCE DEPARTMENT
TELEPHONE
(516) 765-4333
TOWN HALL, 53095 MAIN ROAD
P,O, BOX 1179
SOUTHOLO, NEW YORK 11971
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
Mr. Gary E. LOesch, P.E.
HOlzmacher, McLendon and Murrell, P.C.
575 Broadhollow Road
Melville, NY 11747-5076
June 12,,1987
Re: Southold Scavenger '.aste Treatment Facility
C36-1120-03(SOHT 83'-02)
Dear Gary:
As requested in your letter of June 4, 1987, I aIn enclosing documentation
for administrative costs incurred by the Town of Southold for the Southold
Scavenger Waste Treatment Facility. The total dollar amount is $ 5,075.00,
inclusive of the $ 1,357.50 indicated in your letter.
I am also including documentation for various miscellaneous costs incurred
by the Town on this project, which should also be included in the final
payment request. The total amount of these costs are $ 12,889.99.
Should you require any further information, please contact our Accounting
Department at (516) 765-4333.
cc: Toyn Board ~
Jakes McMahon
tl~MGROUP
8C1lzmacher, Mclendon and Murrell, P.C.. 82M1RagoId, Inc.. 82M Labs, Inc.
~75 Broad Hollow Road, Melville, NY 11747,5076
COP, FIR '111I
IIf~ArrlJl
(~16) 7~6,80()(). (201) ~7~'54()()
June 4, 1987
"'CEIV,ED
JUN 8 198:7
Supervisor Francis J. Murphy
Town.of Southold
53095 Main Road
Southold, New York 11971
Sodo/d Town C:/erll
Re: Southold Scavenger Waste Treatment Facility
C36-1120-03 (SOHT 83-02)
Dear Supervisor Murphy:
We are preparing the final payment request for the Southold
Scavenger Waste Treatment Plant. Overall, the costs on the
project are $40,315.19 under our projected budget of
$2,469,459.00.
Our records indicate that the Town of Southold has incurred
administrative costs of $1,357.50. This amount is based on
50 hours of Mr. McMahon' s time and 1 B hours of Mary
Bourcet's time. The Federal and New York State grant eligi-
ble amount for administrative costs is $5,000. Therefore,
if there are any additional administrativ.~ costs which you
have documented, please submit the vouchers;, time sheets and
copies of the checks. I will then include these in the fi-
nal payment request. Please submit this information as soon
as possible, but no later than June 12, 19B7.
Thank you for your anticipated timely response.
questions arise. please contact me.
If any
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
h//:::/
Gary E. Loesch, P.E.
GEL:mad
cc: Town Board
James C. McMahon
Betty Wells
Melville, N.Y. . River-head. NY . birt1eld, NJ
----,----
Certificate of Insurance
THIS Cl;ATlFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CER'r1FICATE HOLDER. THIS CERTlFlCATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
ee'CEIVED
This is to Certify that
JUN 8 1987
~James McCullagh Company, Inc. ~
-
75 East Bethpage Road io...tfMIId T... CIeYtI
Plainview, New York 11803
Name and
oddress of
Insured.
LIBER1Y~
MUTUAL.
L'th. da'e of 'h;, certificate insured by the Campany under the POIiCY(ies~ted below. *The insurance offorded by the listed policy(ies) is subject to 011
IS a e Issue , _ h" h h' rf t
t~eir terms, exclusions and conditions and is not ahered by any requirement, term or condition of ony cor tract or other document with respect to W IC t IS cer \ Ica e
may be issued. LIMITS OF LIABILITY
TYPE OF POLICY CERT, EXP, DATE POLICY NUMBER
COVERAGE AFFORDED UNDER w.e COV, B
LAW OF THE FOLLOWING STATES: BODILY INJURY BY ACCIDENT
WORKERS' 5/31/88 WCI-121-006370-027 N.Y. $, nn . nnn EA. ACCIDENT
BODILY INJURY BY DISEASE
COMPENSATION $ EA PERSON
BblllN \!l1l:lRY BY DISEASE
$50( ,nnn POLICY LIMIT
, BODIL Y INJURY PROPERTY DAMAGE
[1f: COMPREHENSIVE
FORM EACH EACH
o SCHEDULE FORM $ OCCURRENCE $ OCCURRENCE
[J PRODUQS COM- $ AGGREGATE
' lHED OPERATIONS $ AGGREGATE
~>- 0
<(.... 5/31/88 LGI-121-006370-037
<>e-
w=
Z'" INDEPENDENT CON- COMBINED SINGLE LIMIT
w<( BODILY INJURY AND PROPERTY DAMAGE
(!)::; }(] TRACTORS/CONTRAC-
TORS PROTEGIVE $ EACH OCCURRENCE
JCl CQNTRAQUAl $1,000,000 AGGREGATE
LIABIlITY 1,000,000
JQ;222
>- $ EACH ACCIDENT -SINGLE LIMIT -B. I. AND P,D. COMBINED
Ot: it] OWNED $ EACH PERSON
....~ ~ NON,OWNED
~iii EACH ACCIDENT EACH ACCIDENT
<(<( 4- HIRED 5/31/88 ASI-121-006370-017 $ OR OCCURRENCE $ ,QR OCCURRENCE
~ , 'v ,.........
Excess
<>e Umbrella 5/31/88 LE1-121-006370-047 $10,000,000
w
I
....
0
lOCATlON(S) OF OPERATIONS & JOB II (If Applicoble) AS RESPECTS TO ALL OP RATIONS PERFOmEBPT'B'~?b~Ef6~NJAMES MCCULLAGH
CO. , INC. IN CONNECTION WITH S UTHOLD SCAVENGER W STE PROJECT, CONTRACT #3 PLUMBING C36-1120,
SOTH 83-02. INCLUDED AS ADDITI NAL INSUREDS: TOWN OF SOUTHOLD &/OR TOWN BOARD AND INC. VILLAGE
*NOTE, You will NUT be notf/ied onnually of Ihe conlinualion of this cove'age. You will be norified if Ihis coveroge 15 terminoled Of ,educed
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR
REDUCE. THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
45 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN '7
MAILED TO: " EXCEPT FOR NON-PAY" 4:1:.' [;Qwi~
I / I ~~ / " H
TOWN OF SOUTHOLD AND OR TOWN BOARD ~ ~ ' ~
TOWN HALL AUTHORIZED REPRESENTATIVE
53095 MAIN STREET
SOUTHOLD, N.Y. 11971
CERTIFICATE
HOlDER......
6/3/87dp UNIONDALE, N.Y.
DATE ISSUED
11553
OFFICE
L ~
ThiS certificote i. executed by LIBERTY MUTUAL INSURANCE GROUP os ."spec!s such insuronce os is afforded by Ihose Comporlie.
Liberty Mutual
Insuraace Group
BS-745 11:2
.
Certificate of Insurance
THIS CERTIFICATE lS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND, EXTEND, OR AL TEA THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
-
Name and
add",ss af
Insured.
.
LIBERTI
MUTUAL,
This is to Certify that
I' J'__ McCallqh eo.puy. Ille.
75 Eut lethpqe had
l'la11lvi_. lfew York 11803
I
L ~
is, allhe issue dote of this certificate, insured by the Company under the policy(ies) listed below. *Th!! insurance afforded by the listed policy(ies) is subiect to 011
their 'erms, exclusions ond conditions and is nol altered by any requirement, term or condition of any contract or other document with respect to which this certificate
may be issued.
TYPE OF POLICY CERT, EXP, DATE POLICY NUMBER LIMITS OF LIABILITY
COVERAGE AFFO~~DED UNDER W.e. COY. B
LAW OF THE FOLLOWING STATES: BODilY INJURY BY ACCIDENT
WORKERS' 5/31/88 WCl-121-00637G-027 ..Y. EA ACCIDENT
COMPENSATION
EA, PERSON
RY BY DISEASE
POLICY LIMIT
[I COMPREHENSIVE BODILY INJURY PROPERTY DAMAGE
FORM
o SCHEDULE FORM EACH EACH
$ OCCURRENCE $ OCCURRENCE
~ PRODUCTS COM-
~>- ' lETED OPERATIONS $ AGGREGATE $ AGGREGATE
<(>-
"'- 5/31188 LGl-121-006370-037
w=
Z'" COMBINED SINGLE LIMIT
w<( INDEPENDENT CON-
~::; U TRACTORS/CONTRAC- BODILY INJURY AND PROPERTY DAMAGE
TORS PROTECTIVE
$ EACH OCCURRENCE
jJ CONTRACTUAL $1.000.000 AGGREGATE
LIABILITY 1.000.000
222
>- $ EACH ACCIDENT-SINGLE LIMIT-B. I. AND P.O. COMBINED
Ot:
>-= $ EACH PERSON
:0'"
<(<( EACH ACCIDENT EACH ACCIDENT
::; 5/31 88 ASI-121-006370-01 $ OR OCCURRENCE $ OR OCCURRENCE
,
IDea_
'" Ullhrella 5/31/88 tz1-121-006370-047 $10,000,000
w
I
>-
0
lOCATION(S) OF OPERATIONS & JOB # (If Applicable) .AS
CO.. DlC. III COIlIIBCTIOll WITH
SOft' .,..01. IlICLUDED AS ADDI'll
UBPECTS to ALL op
SCAvllllU.U
IlISUUD1: 'IOWIl
DESCRIPTION OF OPERATIONS:
TlOllB PlBFOUD u/OI. YOI. JAIIBS KCC:lJLLAGH
TB PBO.lIl::T. COIITUCl 13 PL1lJIBtlIG C36-1120.
or SOftIIOl'
lIfied annually of the continuation 01 this coverage. You will be notified il this coverage is terminaTed or r~du(ed
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR
REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS
~'1 DAYS NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN
MAllBD TO: .. DCJn'T YOI. ....PAY ..
I'
I
?~?;.//):Jti~
,/ /1'
1r7"/'/ V / C/:
GRTlFltATE
HOlDER-+-
TOWN '" SOUTHOLD AD/OI. TOWN !lOAD
TOO IW.L
53095 HAl>> SDEft
IGDTBOLD. _.Y. 11971
AUTHORIZED REPRESENTATIVE
6/3/.87'" IJllTftII'D.&l.Jl. W.Y
DATE ISSUED
11'105~
FFICE
This (a,lilicaTe is executed by LIBERTY MUTUAL INSURANCE GROUP as 'especTs such onsu'ance as " affarded by thase Campanies
L
/' ,
.J
Liberty Mutual
Insurance Group
BS_745R2
~/1
HOWARD M. FINKELSTEIN
PIERRE O. LUNDBERG
FRANCIS oJ. YAKABOSKI
FRANK A. ISLER
SUSAN POST ROGERS
1ff( . t 1'0 ..~,n 1m
SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAK, .9SKl"'"'-: ~: :,;~'.: ", 11
ATTORNEYS AND COUNSELORS AT LAW ' 1...- l I ;
4~6 GRIFFING AVENUE, CORNER OF LINCOLN STREET II " MAr I 5 ,:~ '
uL' v~l:l
P. O. BOX 389 , L..___~.. , lJ' J I
RIVERHEAD, N. Y. 11901 l_ TC~V;';! c;= -;"~~~~7~-:''':':-:-.~_;-_.'-''
....c..,.J.,,_'l,.. " ;_)
(516) 727-4100 _.--:.::.:..~
REGINALD C. SMITH
1926-1983
May 13, 1987
Francis J. Murphy, Supervisor
Town of Southold
Main Road
Southold, New York 11971
Dear Supervisor Murphy,
You inquired several days ago about releasing
monies to Ferran Concrete which is being witheld currently
to assure compliance with MBE/WBE requirements. On April
24th, by certified letter, Pecolia Macklin was notified of
the Town's intention to disburse such funds if no response
was received within twenty days of receipt of that letter.
A photostat of the letter to Ms. Macklin is enclosed.
The postal receipt indicates that Ms. Macklin
received Bob Tasker's correspondence on April 28, 1987. The
twenty days then would expire on or about the 18th day of
May, 1987. I suggest we discuss this matter at the Town
Board work session on the 18th of May.
Very truly yours,
~~9'~~
FRANCIS J. YAKABOSKI
FJY;dkw
enc.
.
C'
~
(
,
Ms. Pecolia Macklin
Director, MBE unit
N.Y.S. DEC Office
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Plant
Dear Ms. Macklin:
Enclosed is a copy of Mr. McMahon's letter to you of
November 10, 1986 relating to the MBE/WBE efforts made by Ferran
Concrete. Mr. McMahon advises me he has had no written reply from
you to this letter.
Supervisor Murphy and Mr. McMahon advise me that each has
received verbal assurance from you that N.Y.S.D.E.C. will approve
release of the funds it is holding back from Ferran in the sum of
$59,840. Additionally they have been verbally assured that release
approval will be given in respect to $2,347.80 being retained from
Valentine Heating and Air Conditioning, Inc.
As set forth in Mr. McMahon's letter, Ferran was notified by
the Town to complete work by September 1985 or face liquidated
damage penalties under the contract. The plant was fully operational
in June and was accepted by the TOwn in December 1985.
The Town of Southold has done its best as grantee to have the
contractors comply with MBE/WBE requirements given its geographical
location.
The Town of Southold may be in legal jeopardy to the contractors
to continue for nearly a year and a half after accepting the plant
to withhold MBE/WBE monies from the contractors without written notice
from you requiring that such money be withheld. At the same time,
the TOwn does not wish to be penalized later in seeking refunds do
under the grant.
To bring the matter to a head, you are hereby notified to respond
in writing to the Town within 20 days of receipt by your office of
this letter. A failure to respond in writing by that time will be
deemed by the Town to be an acknowledgment of your prior verbal
assurances that N.Y.S.D.E.C. approves release of the above mentioned
funds to the contractors without any penalty to the grantee.
Very truly yours,
ROBERT W. TASKER
,
. tl:J~,~1~,GROUP
HoIzmacher, Mclendon and Murrell, P.c.. H2M1RagoId, Inc.. H2M Labs, Inc.
575 Broad Hollow Road, Melville, NY, 11747'5076
COpy FOR YIlt
IIFORMATlOI
(516) 756,8000. (201) 575,5400
May 20, 1987
"IECIIVID
MAY 21 1981
Ms. Betty Wells
Principal Account Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
s. ...tt t.. Chd
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Ms. Wells:
We enclose the following for your review a"nd approval:
1. Payment Request No. 16 (Final), dated May 14, 1987
2. Claim Voucher for Ferran Concrete Co., Inc.
Prior to processing
James McMahon that
MBElwBE requirements
liquidated damages.
this payment request, please check with
the contractor has complied with his
and with Robert Tasker, Esq., regarding
Should any questions arise regarding the '~nclosed, please con-
tact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ ell, A!l~'
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc: Supervisor Francis J. Murphy (w/encls.)
frown Board
Melville, NY. . Riverhead, NY. Fairfield, NJ.
iif~.,.!)}.. ...." h ~'GROUP
~: ! ~}J''1,'l..ft"
~:<' I -,,'~<'__ '-" r~",~,
HoIzmacher, Mclendon and Murrell, P.C.. H2M/RagoId, Inc.. H2M Labs, Inc.
575 Broad Hollow Road, Melville, N,Y, 11747,5076
(516) 756,8000 . (201) 575.5400
May 14, 1987
Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
Payment Request No. 16 (Final)
C36-1120-03 (SOHT 83-02)
Gentlemen:
This is to notify you that Ferran
New York, in accordance with its
referenced project and is entitled
Item
No.
Cl
C2
C3
C4
C5
Concrete Co., Inc., of Farmingdale,
contract, has completed the above
to payment for the following work:
Contract Approved
Amount Amount
1
For furniShing all labor, mate-
rials, equipment supplies & other
facilities necessary for the exe-
cution & completion of the Town
of Southold Scavenger Waste Treat-
ment Facility.
Change Order No. 1
Change Order No. 2
Change Order No. 3
Change Order No. 4
Change Order No. 5
APPROXIMATE PERCENTAGE OF PROJECT
TOTALS
LESS PREVIOUS REQUESTS
AMOUNT PAYABLE
$1,957,000.00
1,031.70
6,253.69
10,055.01
6,685.16
14,000.00
COMPLETED: 100%
$1,995,025.56
$1,957,000.00
1,031.70
6,253.69
10,055.01
6,685.16
14,000.00
$1,995,025.56
1,971,025.56
$ 24,000.00
Prior to processing this payment request, please check with James
McMahon concerning the contractor's compliance with MBE requirements,
and with Robert Tasker, Esq., concerning liquidated damages.
Very truly yours,
HOLZMACHER, MCLENDON & MURRELL, P.C.
:!7~
GEL/GWD:mad
Melville, NY . Riverhead, NY . Fairfield, NJ.
.
.
....,.... ......,.. ........1!'.~~~.~s~~~.~..."., N. yo,....., .~g.y. .H........ .ISW.7".
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr.
To,.., ...K~~~!'!. ,~,?!,!~~~,,:!,~. ,~.?~.... ,~."!~:",."",..""",..,...." ...Claimant
93 Allen Boulevard
Address.."... !!:~~.I!'.~~g,9.~},~!., !'!X. ,P? ~,?",....,........., .....,... .........
Fed, I. D, No. ..n7}.:!-,~~J,~,?..........,
or Soc, Security No, ........................
PROJECT NO. SOHT 83-02: SOUTHOLD SCAVENGER
5/14/87 WASTE TREATMENT FACILITY (C36-1120-03 )
In accordance with Rnr,.; n",,,,,.' '" p", OQ,_
~uest No. 16 (Final) dated 5/14/87:
rrOTAL APPROVED AMOUNT: $1 995 025.56
ILESS PREVIOUS REQUESTS: 1,971,025.56
!\MOUNT PAYABLE. . . . .. . . . .. . . . . .. . .. . . . . $24 000 00
The undersigned iataaHlilRbl (Acting on behalf of above named Claimant) does hereby certify that the
(Cross out one I
foregoing claim is true and correct and that no part thereof has been paid. except as therein stated, and
that the balance therein stated is actually due and owing,
Dated ...........p.f.'................." 19.z.r?....
4'.~
'-:;-,- -.- -- ",- --
.. .7'''''&.."..,...,.. .~~....,
Signature
ttlMGROUP
copy F8I YIlt
'NFORMATlON
Holnnll<'ber, McLendon and Murrell, P.C.. H2M/Ragold, Inc.. H2M Labs, Inc.
575 Broad Hollow Road, Melville, N,Y, 11747,5076
(516) 756,8000 . (201) 575,5400
May 12, 1987
""eIIYID
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
lAY 13 11987
So:""'" ,.. ...
Re: Southold Scavenger Waste Treatment Facili.ty
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 87-01)
Dear Mr. Murdock:
The following items require maintenance based on initial opera-
tion of the scavenger waste plant:
1) Repair west entrance gate to the faci.lity. The welds on
the cantilevered aluminum frame have cracked or failed, and the
fence fabric has begun to twist. The gate should be repaired or
replaced and installed on the existing rollers:.
2) The motor starter on the gas recirculation housing unit
of the digester needs to be replaced. The starter keeps
"tripping out" and shutting down during automatic operation of
the unit.
3) A field visit is required by the digester system manu-
facturer (Carter Company) to ensure use of l:he heaterlheat ex-
changer on methane gas. The heaterlheat eXChanger is currently
operating on fuel oil. In addition, final inspection of the
waste gas burner system is required by the man.ufacturer.
Item (1) has not been fixed since you were notified of the condi-
tion in my January 19, 1987, letter to your c,ff ice. Please see
that all three items are taken care of as soon. as possible.
If any questions arise, please contact our office at 756-8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
,~ cJt1. A!J~'
George W. Desmarais, P.E.
GWD:mad
cc: SyPervisor Francis J.
vSouthold Town Board
Robert W. Tasker, Esq.
Supt. James I. Monsell
Murphy
Melville, NY. . Riverhead, NY. . Fairfield, NJ.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STA.TISTICS
Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
TELEPHONE
(516) 765,1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 7,1987
George W. Desmarais; P.E.
H2M Group
575 Broad Hollow Road
Melville, New York 11747-5076
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mech.mical Work
C36-1120-03 (SOHT 83-02)
Dear George:
The Southold Town Board, at their regular m,eeting held on May 1,
1987, accepted the Maintenance Bond of Ferran Concrete Co., Inc., and
released thei r. Performance Bond for the project.
Enclosed is the Performance Bond and a copy of the letter of Attorney
Francis' J. Yakaboski recommending the release of the Performance Bond
and acceptance of the Maintenance Bond.
Very truly yow's,
r-~r--
Judith T. Terry
Southold Town Clerk
Enclosures
~
.
Fidelity and Deposit Company
1I01C1l OUtCll OF MARYLAND .ALrlo4l'ORll, 1CI1, UJI/J
", ". ",:~...
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Malate.aaMl Bo.d N'.....60B..14..90-M
KNOW ALL MEN BY THESE PRESENTS:
That Wer__.Fer.I:8n..CaDCr.et.e...C.I1&.....In~&.......................................mm.....__mm.............................
...-9-3-. A.l14tZl..BJ.vd..."...Earm1 "'~al.e.~..Naw...Yl1r.k...ll7.3S.......................(hereinafter called the
Pnnapal) as Principal'anil the FIDEUTY AND UEPOSIT COMPANY OF MA,RYLAND, a Maryland Corporation
with an office and place of bUliness for the State of New York at 90 John Street, New York, N. Y. 10038
(bereinafter called the Surety) as Surety, are held and firmly bound unto the....................................................
.........._..................T~...O~.SOU:tAOld....._............"............m~.._.........................................,...........................
(hereinafter called the Ohligee), as Obligee in the lum or..one..4itcm..~ne~ed....N1nlj;Y
.~. ,,,..EJ.VA.., Tbo".A",d ...T.wen:ty....F.1.Y.e...&..5.6110.0.......................f.~'-~....,.Q~?~PB0LLARS, lawful
money of the United States of America, for the payment whereof the Principal and Surety bind themaelves,
their IUCCessors and assign.. jointly and severally. firmly by these p..-nta.
Signed, Bealed and dated thia..............m.1~!........................day oL.................~p.~~.~.....................19_..~!..
WHEREAS, the Principal heretofore entered into a written contract with the Obligee for......................
...........Eed....P.r.o;1.e.c.t..-IJ....c..)6mn2D...03...cantr.a.c.t...LGe]~r.al...c.an8.tnlc:t1on.........
.,.,.......e.nd..iieell.&D!-oe1...1fGPlk..!J1Gwn.+f..-Sou.tAoJ.d....Waa.tlltWat8r.,.Dl &PQSA' ..................
...........D.f..tr.,1~:t...Sca.v.nsar...Wa.ta...Tl!eatment...Eet\1 , 1 'ty.~...Greanp.or.t........................
_..._nn...nn..n.......__.....nn.n.....n...on._.._....___._.n...._..............nU..n..____..........~nn.__..u........."..uu."......".........u.............__............
...."...._..............."...........n.......u..u.......u..u.."................................._n......h............u..................................00.........................
............n......nnn..........h..........n."nn.....n...n......nn..nn....u...._....hn......nn...........n...................n.......................u...............
.......................-........................................................._,""'-......t,..._............................................................................................
.........-.."...................-...................................".....................................................................................-...............................
WHEREAS, said Contract providea tbat the Principal ahan guarantee........................................................
............F.ed....P.r.ojac:t..I....c",36...ll.2Q",QJ..Cantrac:t...l...Geuer.al...C..Qn!il:tT.h1.!:.t.!9.p..........
............and..mechan1cal....w.ork...T.olm..o.t...SgJ.\thQl!1..~JU!~~ft..j;~~...p..~.~p.9.~~J...................'
.._.......Dia.trlc:t....s.cay.en&er__,w.as.t.e...:J:r.e.a:!;mln'!;.,.f.fAQ.!li:~y..,..g;r.'-~.m'Q;r.!...,...,...............
-.-.---.......-.......................................................................................................................................................................
...............................................................................n...................n...."..............................................00............_.............00.....
................................................................................................-..............................................-............................................
__..n.n.....n....n".......n.......n...n.......n....................................n.........n.u...."u..............._................n.............un.....................n
.................u.....n................nn....n.nn...........................................n.............n..............n............h....n..n....hn.... ..__.......... ..n..
NOW, THEREFORE, the condition of this obligation il IUch, that if che above Principal shall indemnify
the Obligee againlt any loss by reason of his failure to make (food at hiil own expenlle any defect. or de-
ficiencies in materiall or workmanahip wbich may appear in the work under said contract witbin tbe period
oL............Qne....{ll...............m.......year(~ from the date of acceptance of the work, then thia obligation
ahall be void: otherwille to remain in full force and effect.
C7067 (NY)-U', a.75 ,,'UG
,anura, NY1067
..~~.sQ.~~~~..~~.~..~....~.~~~........._........
Prindpd
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FIDELITY AND D~ IT C ~~~;...~:~:~.....n.............
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By' ........... .... ,..=........nnn.nn..........n..nn..,............
Robert . TYIlan
Attorney-1n~fact
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On thi5....__.............._.....:.::....n.__...n__............_.~.~'........~.._~.:..day: or....n........ .. .n............................__._ ......;,................19.........., before me
personally appeared the within named.___._ ....................._.___......_..._._............ ..'.................__.__n___...._........._____.__......___._.__..__............__...___.
to me known, and known to me to be.---........h--...-..~...........~.--._;_-.'7"_.-"_.._.:.._--..--..---,..-..__..._........m.___............the individuaL__
described in and who executed the within bond, and................_n..........n...............___......__acknowledged to me thaL..he.........executed
the same.
-..........----....-.........-.....-.......----.---.---.-..](i;;~;y.p"Ubik-..-..-..-
~::::'~~:::::::::~:::::::::::::::::::,::::~::::::::::~:::::}..: Coumy
On thil.._..___._..~.._.__~___.__.._.......~_.~--.------.-.._.._..day of __.._.____..._...:._....._________.___.__, ..._~...._..:....._____.__._..._19.__...___. before me
per.lOnilly appeared..___.~.:........."..,",..,',._.._._.......,._....,.....,...,'_,....:.......,__,..__.....".......__.._............,...__.__._.a member,'" the ii..m of
.--.......--........----..-....-............-...--....-.-....--....-...-.--....-.......-.-.--.-...__;._.._.__.___.___._....to me known and knoWn to me tq tI.
the individual descnDed in and wbo executed the foregoing instrument. and he duly acknowledged to me that be executed the same.
as and for the act and deed of the said firm.
J I. ' , {.a ..........................:......--................-........-.N~"i:J;,PU&lk..-...----
SUTE of'_.M7&2..,'(/2If,.K__.....____.._} C..my
COUNTY OF,......~.-F.f:i2.u<..-...tf:..., ss:, ;!!t' . a,
On thi......................................~............................,....,....day of......", ..'lCll-...,...,.......___................_...................I9Q./-., before me
personally appeared,.."......../;2..ril..A.tO'.__EkUt!N_'f:1L. .....___.........................._,_______..,__..__......,...with whom I am'per.lOnally
~::K:~n~~:~~~ii~~~:~~~~'~~;~~~,'~,;~~.;7-;:~~~~
the seal thereto affixed is such corporate seal; that it was SO affixed by order f the Board of Directors. and that he signed bis name
thereto by like order. _' ~
STATE OF NEW YORK NOTARypurt~~rfgHf
COUNTY OF"..._....__..,..............._..__..__........!..: ~=~~~~,x: 031, 14 t!(
On the_........____..__._....h.._______..;........_.._____._.._..........day of..___.................___._.__________.._..___.._....19_..___. before me personally came
-......-.---.....---...-.......-.---...............------.....-.....-...00_00_.___........_, to me known, who being by me duly sworn. did depose and say. that
he resides a1._.___.___.............______._.__......._....________.............._.._____............._...___...__.__.____.____...in the County of___......_..._......._..._..................__....
State of.....______._._.._.._..._..___..._...___.._..___. that he is Attorney':'in-Fact of the Fidelity and Deposit Company of Maryland, the cor-
poration described in and which executed the within instrument; that he knows the corporate seal. of said corporation; that the seal
affixed to said instrument is such corporate leal; that it was so affixed by order of the Board of Directors of said corporation. and
that he .igned his name thereto by like order; and that the Fidelity and Deposit Company of Maryland is duly authorized to trans.
act business in the State of New York in pursuance of the statutes in such case made and provided; that the Superintendent of
Insurance of the State of New York has, pursuant to Chapter 28 of the ConlOlidated Laws of the State of New York. known as
the Insurance Law, issued to the Fidelity and Deposit Company of Maryland a Certificate of Solvency and of qualification to be.
come lurety or guarantor on all bondi, undertakings. recognizances, guaranties and other obligations required or permitted by
law; and that such certificate has not been revoked.
-.-.....-......-........----...---.---------..-....-.--.................N;;,;;,.j:,-;,"bi"i;;.--....
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYlAND
HOME OFFICE. 8Al T1MQRE. MO
KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY or MARYLAND. a corporal ion of the
State of Maryland, by C. M. PECOT, JR. . Vice, President. and L. C. WAYMAN. JR.
Assistant Secretary. in pursuance of authority granted by Article VI. Section 2. of the By-Laws of said Company. which
reads as follows:
SEe. 2. The President. or any Executive Vice-President. or any of the Senior Vice. Presidents or Vice-Presidents spE'cially authorized so to do by
tbe Board or Directors or by the Executive Committee. shall have power. by and wIth the concurrence of the Secretary or anyone of the Assistant
Secretaries, 10 appoint Resident Vice-Presidents. Assistant Vice.PresideDlsand Attorneys-in.Fact as the business of the Company may require. or 10
authorize any penon or persons to execute on behalf of the Company any bonds. undertakings. recognizances. sll"r ulations. poliCies. conlracts,
ap-eement.. deed.. and release. and a.signments of jud,;ments, decrees. mortgages and instruments in the nature 0 mortgages. and also all other
instrument. and document. which the business of the Company may require. and to affix the seal of the Company Iherelo.
does hereby nominate constitute and appoint William F. Tynan, III and Robert G. Tynan, both
of Garden City, New York, EACH........................................
IS ruean a u
its sct and deed:
agent and Attorney-in-Fact. to make. execute, seal and deliver, for, and on its behalf 8S surety. and 8S
any and all bonds and undertakings.....................,........
n t e execution of such bond. or undertakings in pursuance of these presents. shall be as binding upon said
Company. as fully and amply. to all intents and purposes, as if they had been duly executed and acknowledged by the
r"ll"larly elected officers of the Company at its office in Baltimore. Md,. in their own proper persons,
This power of attorney revokes that issued on behalf of William F. Tynan, III
and Robert G. Tynan, dated March II, 1981.
The said AMi.tant Secretary does hereby certify that the aforej!:oing is a true copy of Article VI. Section 2. of the By. Laws of said Company, and is
now in force.
IN WITNESS WHEREOF. the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY or MARYLAND. this ,............1.~,t,!>...........,day
of ...................AugJ,laJ;....,.......,........... A,D, 19....8.3..
FIDELITY AND DEPOSIT COMPANY OF MAllLAND
---Vh/~_~ _ # (hn ~ . ~
ATIEST:
COUNTY OF .
STATE OF NEW YORK
Nassau
I
............155:
On this.
l'fl:!W YQ;rk
.......y~..
Robert G.
.......... day of..
Tynan
....9J~
, 1987
....... III the year ............ . before me per-
CiTY OF .
sonally came.
..m.. to me known. who. being by me duly sworn, did
depose and say, that he resided in the City of n Garden ..g..!.!-.Y.l ..nN~.~....:!.Q.~~ that he was the Attorney-in-Fact of the
Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knew the
seal of said corportion; that the seal affixed to said instrument was such corporate 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. And that the liabilities of said Company
do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance Law, constituting Chapter 33, of
the Consolidated Laws of the State of New York.
HR(93)94-
EDITH M, PUTLJ\ND
'NOTARY PUBLIC, State of New York
No. 30 ..1nC875
Qualified in rio~or'(tl) Coun'V
Co:.o-:ni!!ion Expires 1.I"-'A_~~ S ':, :9'3"5
JAN, 3 1 1990
Ofn........u......n....':-:.~..... .1':1..'d..t..
C~u2?-z_~~
Notary Public
County
Ll428-0r.-3M,6-32 214Z34
-093-2764
FOR YOCR PROTECTI00: LOOK FOR THE F&:D WATER:\IARK
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOMf OFFICE, BA.l TlMORE. MO
KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY or MARYLAND, a corpora. ion of .he
StateofMaryland,hy C. M. PECOT, JR. ,Vice,President,and L, C, WAYMAN, JR, ,
Assistant Secretary. in pursuance of authority granted by Article VI. Section 2. of the By-Laws of said Company. which
reads as follows:
SEC. 2. The President. or any [llecutive Vice-President. or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so lo.do by
the Board of Directors or by the Executive Committee, shall have power, by and With the concurrence of the Secretary or anyone of the ASSIstant
Sec::retaries.loappoint Resident Vice. Presidents. Assistant Vice-Presidents and Attorneys-in.Fact.. the business of the Company may require, or to
authorize any ~lOn or persons to ezecule on behalf of the Company any bonds, undertakings. recognizances. slirulations, policies. contracts,
ap-eement.. deed.. and releasel and assignments of juqrnents, decrees, mortg&f!:es and instruments in the nature 0 mortgages, and also all other
instruments and documents which the business of the Company may require, and to affix the seal of the Company thereto.
does hereby nominate constitute and appoint William F. Tynan, III and Robert G. Tynan, both
of Garden City, New York, EACH.,......................................
I B ruean a u
its set and deed:
l18ent and Attorney.in-Fact, to make. execute, seal and deliver, for, and on its behalf as surety, and as
any and all bonds and undertakings..............................
n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had heen duly executed and acknowledged hy the
rell'darly elected officers of the Company at its office in Baltimore, Md" in their own proper persons,
This power of attorney revokes that issued on behalf of William F. Tynan, III
and Robert G. Tynan, dated March II, 198 I .
The said ANislanl Secretary does hereby cerlify thallhe afor.i08 in Irue copy of Article VI. Seclion 2. ofthe By.Lawsof said Company, and is
now in force.
IN WITNESS WHEREOF. the said Vice-President and Assistan.t Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY or MARYLAND, this ,............I.Q,t,~............day
of ...................Aug.v.aJ;......................" A,D, 19...,83..
FIDELITY AND DEPOSIT COMPANY OF MA
ATTEST:
--~~~-;i-
STATE OF MARYLAND
em or BALTIMORE
On Ihis 10th day of August ,A.D. 19 83 ,before the subscriber. a Notary Public of the State of Maryland, in
and for the City of Baltimore, duly commissioned and qualified. came the above.named Vice-President and Auistant Secretary of the FIDELITY AND
DEPOSITCoM'ANY OF MARYLAND. to me personally known 10 be the individuall and officers described inand who executed the preceding instrument.
and the'/. each acknowledpd theezecution of the same. and beiq by me duly sworn, severally and each for himself deposeth and saith, that they are
thew omcersoCtbe Company aforesaid. and Ihat the sealamzed to the preceding instrument is the Corporate Seal of said Company, and thatlhe
said Corporate Seal and Iheir sipa.ures as such officerl were duly aCfized and subscribed to the said inltrument by the aUlhority and direction oC the
said Corporation.
INTEs11"ONY WHEREOF. I ho.. h.r'u.;;,~'~:; :O.d o.dom.ed by Off'C'OI.:':ot,lhe.:,y OfBoI~~:'b' ~~:.~~~e::.,'.~:~~:
:\ - : N P I' Co " -' July, I 198~
.....'~IC of" otary IC mm to pires ......_.... ...__ J........_hy
''''Oltf c.(\~'
CERTIFICATE
..,
I. the undersigned. ASlistant Secrelary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that Ihe original Power of
A!torney oC which the foregoiq is a !ull. true and correct copy. is in full Cor~ ~nd effc:ct on th~ date of Ihi.s certificate.; and I do Further certi~y that the
Vice. President who execuled the sa.d Power of Attorney was one of the additIOnal Vlce.Presldenls lpeelally authorized by the Board of Directors to
appoinl any Attorney-in.Facl as provided in Article VI. Section 2 oC the By-Laws of the FIDELITY AND DEPOSIT CoMPANY OF MARYLAND.
This Certificate may be signed by Cacsimile under and by aUlhority of the following resolution of Ihe Board of Direclors of the FIDELITY AND
DEPOSIT CoMPANY OF MARYLAND al. meeting duly called and held on the 16th day of July, 1969.
RESOLVED: ''ThaI the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or
hereafter. wherever appearing upon a cerlified copy of any l;l?wer of attorney issued by the Company, shan be valid and binding upon the Company
wilh the same force and effect as though manually amzed. . :5 ("
IN TEsTIMONY WClEOF' I have hereunto subscribed my name and affixed the corporale seal of the said Company, thisun..l......n....... day
-Q :g-
O[ m...uumu'.....mu ~md" . 19.....]
Ll428--CIr.-3M.6-82 214234
-093-2764
FOR YOCR PROTECTI00: LOOK FOR THE F&D \\'c\TER:\L\RK
t, '..,
"
Ll458alWSI-45M, 2-87 225977
.
,
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
SUltelDent of Finaneial (:ondition
AS OF December 31, 1986
The
[ff!ID
Companies
ASSETS
*Bonds ' , , , , , , , , ' , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
*Stocks """".."""""".."".."",..,.."",..",.."",..
Real Estate, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ' , , , , , , , , . , ' , , , , , , '
Cash in Banks and Offices and Short Tenn Investments, , , , , , , , , , , , , , , ,
Premiums in Course of Collection (less than 90 days old), , , , , , ' , , , , , , , '
Reinsurance and Other Accounts Receivable, , , , , , , , , , , , , , , , , , , , , , , , , , , ,
TOTAL ADMITTED ASSETS, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
$ 173,849,139
189,770,076
3,235,764
11,349,247
5,295,224
14,711,843
$ 398,211,293
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Unearned Premiums """"""""",,',,"",',',"'" $ 118,323,188
Reserve for Claims and Claim Expenses, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 80,978,935
Reserve for Taxes and Expenses, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . 6,290,468
Miscellaneous Reserves and other Liabilities""""""""""""",. 11,207,570
TOTAL LIABILITIES..............", """""""""""""""""",. $ 216,800,161
Capital Stock, Paid Up, , , , .. , , .. .. , , , , , .. , , .. , , , , .. , , ,.. $ 5,000,000
Surplus"..""",..",.."".."""..",..""..".." 176,411,132
Surplus as Regards Policyholders, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
TOTAL""""""""""""""""""""""""""""", $
181,411,132
398,211,293
Securities carried at $5,487,516, in the above statement are deposited as required by law.
*Securities carried on basis prescribed by the National Association of Insurance Commissioners. On the basis
of December 31, 1986 market quotations for all bonds and stocks owned, this Company's total admitted assets
would be $413,364,787. and surplus as regards policyholders $196,564,627.
I, WILLIAM R. AMOS, Treasurer of the FIDELITY AND DEPOSIT CoMPANY OF MARYLAND, do hereby certify
that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day
of December, 1986, according to the best of my infonnation, knowledge ,md belief.
William R. Amos
Treasurer
STATE OF MARYLAND
CITY OF BALTIMORE SS:
Subscribed and sworn to, hefore me, a Notary Public of the State of Maryland in the City of Baltimore, this
31st day of January, 1987.
Mary J. McCombs
Notarial
Se.l
Notary Public
M:f commission expires July I, 1990.
. ,
v-0!J
HOWARD M. FINKELSTEIN
PIERRE G. LUNDBERG
FRANCIS J. YAKABOSKI
FRANK A. ISLER
SUSAN POST ROGERS
SMITH, FINKELSTEIN, LUNDBERG, ISLER AND YAKABOSKI
ATTORNEYS AND COUNSELORS AT L.J1JM
4~6 GRIFFING AVENUE, CORNER OF LINCOLN STREET
P. O. BOX 389
HIVERHEAD, N. Y. 11901
.. tI: e I' Y' .''''61 727,4100
REGINALD C. SMITH
1926-1983
lAY 01 .7
Apeil 29, 1987
II - art_a.l
Judith T. Terry,Town Clerk
TOWfl of Southold
Main Road
Southold, New York 11971
Dear Judy,
I have reviewed the Maintenance Bond of Ferran
Concrete Co., Inc., in the amount of $1,995,025.56,
representing the contract price plus all change orders and
find it to be in acceptable form and in accord with the
terms of your contract as recited in your letter of April
24, 1987.
Accordingly, I recommend thai: you release the
Performance Bond and accept the Maintenance Bond in its
place instead.
Very truly yours,
/
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lUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box 1179
Soul:hold, New York 11971
TELEPHONE
(516) 765.18Ul
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 24,1987
Franci s J. Y akabos ki , Esq.
456 Griffing Avenue
Riverhead, New York 11901
Dear Frank:
Enclosed is a copy of a Maintenance Bond from the General Contractor,
Ferran Concrete Co., Inc.. for our Waster Dispos,11 Plant at Greenport. H2M
ask that we have this' review by the Town Attorney for conformance to the
contract documents.
Enclosed is the latest Change Order bringing the total of the contract
to $1,995,025.56. The Contract documents state: "Prior to release of the
Performance Bond, the Contractor shall deliver to the Town a Maintenance
Bond equal to one hundred percent (100%) of the Itotal Contract price, inClud-
ing all extras. This Maintenance Bond shall remain in' full force and effect
for a period of one (1) year after the date of the final payment request
prepared by the Engineer, and such bond, which shall be executed by the
Contractor and issued by a reliable, solvent surety company authorized to
do business in'the State of New York shall guarantee to the Town that the
Contractor shall promptly remedy any defects or faults that may occur within'
twelve (12) months after completion and acceptanCE! of the work performed by
the Contractor pursuant to this' Contract. "
I shall await word from you before drafting a resolution for the Town
Board to release the Performance Bond and accept the Maintenance Bond.
Many thanks.
Very truly YOUlrs,
~r-
Judith T. Terry
Southold Town Clerk
Enclosures
~
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~" HOLZMACHER, McLENDON' MURRELL, P.C.
CONTRACTOR'S PROPOSAL
As detailed in the February 9, 1987, Ferran Concrete Co.,
Inc.. proposal:
1) Remove asphalt pavement
2) Lower influent port manhole rims
3) Place concrete for pavement
4) Place concrete for roadway
TOTAL NET COST OF CHANGE ORDER NO.5. . . . . . .$14.000.00
As a resul t of the above change order, the total contract
amount will change from $1,981,025.56 to $1,995,025.56. The En-
gineer has reviewed this change, and finds it to be in order.
DATE:
co ~:'-~'::..-h: ~_ ~ DATE:
ENGINEER:~ ~r/'fl~ DATE:
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Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765,1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 16, 1987
Dear Bob:
Please review the Maintenance Bond for Ferran Concrete so we may accept
same by Town Board resolution. Thank you.
#r--
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GROUP
HoIzmacher, McLendon and Murrell, P.c. . H2M/RagoId, Inc. . H2M Labs, Inc.
575 Broad Hollow Road, Melville, NY 11747-5076
(516) 756,8000 . (201) 575,5400
~ECEIVED
APR 16 1987
April 13, 1987
Southold Town Clerk
Ms. Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facili.ty
Contract No.1: General Construction & ?<!echanical work
C36-1120-03 (SOHT 83-02)
Dear Ms. Terry:
Enclosed please find one (1) copy of the Maintenance Bond submit-
ted by Ferran Concrete Co., Inc., for the above referenced pro-
j ect. This Maintenance Bond should be revie11led by the Town At-
torney for conformance to the Contract documents.
If any questions arise, please contact our office at 756-8000.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
4cf;t, 1f~'
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Town Board Members
Robert W. Tasker, Esq.
Melville, NY . Riverhead, NY. . Fairfield, NJ.
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U I. ii, IF"ARMINGDALE. N, Y. 11735
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April 22, 1987
The Honorable Francis J. Murphy
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment
Facility - Southold, New York
Contract No. 1 - General Construction
and Mechanical Work
C-36-ll20 (SOHT 83-02)
Dear Supervisor Murphy,
We are writing to request an extension to the completion date
for our contract on the Southold Scaveng,~r Waste Treatment
Facility.
Our basis for this request lies in the fact that Ferran Concrete
Co., Inc. gave the Town of Southold two forty-five (45) day
extensions to the original forty-five (45) day contract signing
period stipulated by the bid documents. As a result of sign~ng
the contract in July instead of April, there was not enough time
to complete the concrete work before the intervening winter, as
we had planned to do when we bid the job. Instead, our concrete
operations were interrupted for approximately three (3) months
by winter weather until March 1985, which had the effect of reduc.,.
ing by an equivalent time period, the time left for the install-
ation of mechanical, architectural, and site work. If the contract
had been awarded during the original forty-five (45) day period,
the mechanical work could have directly followed the concrete work
with no interruption for the winter months.
We also ask you to consider that both extensions were given by
Ferran Concrete Co., Inc. with no cost to the Town, despite the
fact that we had at least three (3) months of our work pushed into
an increased pay rate period. We also experienced additional
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The Honorable Francis J. Murphy
Supervisor
Town of Southold
Page 2
problems with subcontractors and suppliers, who normally
will hold prices for only thirty (30) to forty-five (45)
days.
We respectfully request that for these reasons, and in light
of the complexity and quality of the work involved, that
Ferran Concrete Co., Inc. be granted a ninety (90) day
extension to our contract.
Very truly yours,
FERRAN CONCRETE CO., INC.
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<Egldio Fe' rante "-.,
President
EF:km
cc: G. Desmarais - H2M
L. Murdock - Ferran
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INFORMATION
HoLiMACHER~M~-LENDON;;~cl'MURRELL, P,C,;CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISl'S-a~cl-Pl.ANNERS
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125 BAYLiS ROAD, SUITE 140, MELVILLE, N.Y, 11747 . 516.752.9060
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SUPERVISORS OFFICE
10WN ~ lfOUTHOlD
March 4, 1987
Supervisor Francis J. Murphy and
Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
(SOHT 87 -01)
Dear Board Members:
The Southold Scavenger Waste Treatment Facility was visited by
H2M on March 3, 1987. The following items are in need of at-
tention at the facility:
1) Dried sludge cake from the southwest open sludge dry-
ing bed should be removed as soon as possible. The sludge in
this bed is sufficiently dry to be removed at this time. As
soon as the dried sludge is removed from this bed, the sand
bed should be regraded and leveled, and liquid sludge from the
digester should be disposed of on the bed to a 6-inch to 8-
inch liquid depth. This process should be continued on a rou-
tine basis for each sludge bed cell.
2) The submersible pump system for the sludge bed fil-
trate manhole is currently restricted or has a malfunctioning
check valve. The reduction in the pump capacity has limited
the water removal from the sludge in the sludge drying beds.
This, in turn, has extended the drying ti.me of the sludge on
the beds. The pump system is not adequately removing the wa-
ter that drains from the sludge in the dewatering process.
The submersible pump and filtrate manholE! is the p!'operty of
the Village of Greenport. The discharge piping of the fil-
trate pump system should be examined and the restric-
tionlmalfunction corrected to allow for adequate pumping capa-
bility.
3) The submersible equalization tame pump from the east
bay was removed from operation over one month ago due to a
high electrical amp reading during operation. The spare pump
provided in the original contract was installed and is operat-
ing properly along with the existing pump in the west bay.
The high amp reading indicates that the pump is straining dur-
Melville, New York. Farmingdale, New York. Aiverhead, New York. Fairfield, New Jersey
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Supervisor Francis J. Murphy
and Members of the Town Board
March 4, 1987
Page Two
ing normal operation. The pump has been sitting on the ground
at the site since it was removed. The pump impeller and hous-
ing should be checked for any rag accumulation. If there is
no accumulation, the motor windings should be checked for
proper operation.
The overall operation of the plant and unit processes has been
much improved over the latest three-month period. In order to
continue this progress, the above mentioned items should be
addressed.
If any questions arise concerning the above, please contact
our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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George W. Desmarais, P.E.
GWD:mad
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cc: Mayor George W. Hubbard
Supt. James I. Monsell
,,' C?--. ,l./C,Q'e..-
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 9,1987
George W. Desmarais; P.E.
Holzniacher, McLendon & Murrel, P. C.
125 Baylis 'Road, Suite 140
Melville, New York 11747
Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
TELEPHONE
(516) 765,1801
Re: Southold Scavenger Waste Treatment Fac:ility
Contract No.1: General Construction & Mechanical Work
Change Order No. 5
C36~112o-03 (SOHT83"'02)
Dear George:
Transmitted are two (2) executed copies of Change Order No.5.
have retai necJ one executed copy for my fi leis.
Very truly yours,
tf!Jf ----
Jud;th-T. ~y
Southold Town Clerk
Enclosures (2)
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HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
___________________________________ _____ _____________.____...._n__.___.___
125 BAYLiS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516-752.9060
March 6, 1987
RECEIVED
MAR 9 1987
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
T_ ~ <;lltIfhoId
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
Change Order No. 5
C36-1120-03 (SOHT 83-02)
Dear Mrs. Terry:
Enclosed please find three (3) copies of the proposal submitted
by Ferran Concrete Co., Inc., for the performance of "extra" work
on the above referenced project (Change Order No.5). The work
included in Change Order No. 5 is as detailed in the enclosed
documentation of the description, reasons and cost estimates for
the work provided.
Our office has reviewed the extra work and cost proposal (Change
Order No.5), and found it to be satisfactory. Please execute
Change Order No. 5 and return two (2) copies to our office so
that we may forward one (1) copy to the contractor for his
records.
Should any questions arise regarding the above, please contact
our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~JI,I8~-
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc: Supervisor Francis J. Murphy
Town Board Members
Robert W. Tasker, Esq.
Melville, New York. Farmlngdale, New York. Alverhead, New York . Falrfh~ld, New Jersey
.
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Ii'2M HOLZMACHER, MclENDON' MURRELL, P,C.
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CHANGE ORDER NO.5
CONTRACT NO.1:
General Construction &, Mechanical work
C36-1120-03
PROJECT:
Southold Scavenger Waste T:t'eatment Facility
CONTRACTOR:
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 1173'5
Contact: Mr. Lloyd Murdock
(516) 249-4975
OWNER:
Town of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
H2M/Holzmacher, McLendon &, Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Contact: George W. Desmarais, P.E.
(516) 752-9060
DESCRIPTION OF CHANGE ORDER
This Change Order entails the following item:
Construction of concrete ramp and roadway at influent ports
of facility for scavenger waste haulers to discharge waste from.
REASONS FOR MODIFICATION
The Town Board has recommended that a concrete ramp and
roadway be constructed at the influent ports location of the
scavenger waste treatment facility. This ramp will replace the
existing asphalt ramp, and will be constructed at a steeper slope
and longer length than the existing ramp. The extra work is as
described in the H2M RFP to Ferran Concrete Co., Inc., dated Jan-
uary 29, 1987, and includes the accompanying d,~sign sketches:
- Sheet No.1:
- Sheet No.2:
- Sheet No.3:
Pavement Grade Profile
Grading
Paving
...
~ HOLZMACHER, McLENDON' MURRELL, P.C.
CONTRACTOR'S PROPOSAL
As detailed in the February 9, 1987, Ferran Concrete Co.,
Inc., proposal:
1) Remove asphalt pavement
2) Lower influent port manhole rims
3) Place concrete for pavement
4) Place concrete for roadway
TOTAL NET COST OF CHANGE ORDER NO.5. . . . . . .$14,000.00
As a result of the above change order, the total contract
amount will change from $1,981,025.56 to $1,995,025.56. The En-
gineer has reviewed this change, and finds it to be in order.
DATE:
.3j~/.f7
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ENGINEER: ~ ~, A~
DATE:~r~:/~'y
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125 BAYUS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516-752.9060
March 6, 1987
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
RECEIVED
MAR 9 1981
1_C"',.I,~
Re: Southo1d Scavenger Waste Treatment Facility
Contract No.1: General Construction & M:echanical Work
Change Order No. 5
C36-1120-03 (SOHT 83-02)
Dear Mrs. Terry:
Enclosed please find three (3) copies of the proposal submitted
by Ferran Concrete Co., Inc., for the performance of "extra" work
on the above referenced project (Change Order No.5). The work
included in Change Order No. 5 is as detailed in the enclosed
documentation of the description, reasons and cost estimates for
the work provided.
Our office has reviewed the extra work and cost proposal (Change
Order No.5), and found it to be satisfactory. Please execute
Change Order No. 5 and return two (2) copie:3 to our office so
that we may forward one (1) copy to the contractor for his
records.
Should any questions arise regarding the above, please contact
our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~JI,I8~-
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc:
~pervisor Francis J. Murphy
~own Board Members
Robert W. Tasker, Esq.
Melville, New York. F.rmlngda'e, Hew YOfk . RlverMad, New YOfk . FalrfMtld. New JerMy
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 25, :H187
George W. Desmarais; P.E.
Holzmacher, Mclendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT83-02)
Dear George:
The Southold Town Board, at their regular m.eeting held on February
24, 1987, authorized and directed Supervisor Frands 'J. Murphy to execute
a Change Order for the Southold Scavenger Waste Treatment Facility, Contract
no. 1: General Construction and Mechanical Work, for Ferran Concrete Co.,
Inc. to construct a concrete ramp and roadway at a cost of $14,000.00.
Supervisor Murphy executed the acceptance of the proposal, which is'
enclosed herewith. Please send necessary change order to my attention
and I will have him execute same and return to you.
Very truly yow's,
Pr
Judith T. TerrI{
Southord Town 'Clerk
Enclosure
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FERRAN CONCRETE CO. INC.
93 Allen Blvd.
FARMINGDALE, NEW YORK 11735
---'-.. (516) 24~97!5- ..
February 9, 1987
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Holzmacher, McLendon and Murrell, P.C.
125 Baylis Road - Suite 140
Melville, N.Y. 11747
Attention: Mr. George Desmarais, P.E.
Re: Southold Scavenger Waste Treatment Facility
Contract No. 1 C-36-1120-03 (SOHT 83-02)
Gentlemen:
We propose to furnish labor, material, and equipment to reconstruct
the existing Asphalt Pavement at the Influent Ports as mentioned in
your letter dated January 29, 1987, and shown on Drawings No.1
(Pavement Grade Profile), No.2 (Grading), and No.3 (paving).
We include the following:
1) Remove asphalt pavement
2) Lowering Influent Port manhole rims
3) Placing concrete for pavement
4) Placing asphalt if roadway
'*"xIX~~x9cx~~~~IJl:;(~x~~ml&k~xi.k~.I1'*Mx~~l<k~~,&<xkk*~
lc$ik*K~Q:KQ:Q:kX~J(XKIxitx9c~~~;(Jx.
We also submit a price of Fourteen Thousand 00/100 dollars ($14,000.00)
for an optional concrete roadway.
WE PROPOSE to furnish labor and material - complete in accordance with above specifications, and subject to
conditions found on both sides of this agreement, for the sum of:
dollars ($
Payment to be made as follows: Within Thirty (30) Days after completion of work.
).
ACCEPTED. The above prices. speelfiClltlons and condnlons er. s.tlsfac.
tory .nd .r. hereby accepted. You .r. authorized to do the worlc .s
specified. Payment will be made .s outlined above. (Read reverse side).
Respectfully submitted,
FERRAN CONCRETE CO. INC.
rphy, SupervisOr
of Southold
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/" Egidilo errante, President
Not.: This propos.',m.y be withdrawn by us " not accepted within' 3 0 ap.
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125 BAYLiS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752.9060
February 20, 1987
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UTHOlO
Supervisor Francis J. Murphy and
Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction &, Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Board Members:
Enclosed, for your review, is a copy of a cost proposal dated
February 9, 1987, from Ferran Concrete Co., Inc., to construct
a concrete ramp at the influent ports of the above referenced
facility. The cost proposal was based on my January 29, 1987,
letter to Ferran Concrete Co., Inc., and my February 6, 1987,
meeting at the site with Mr. John Ferrante of Ferran Concrete.
The request for proposal was based on the ~'own Board's recom-
mendation at the January 20, 1987, Town Board meeting.
The following are the options detailed in the cost proposal:
1) Concrete ramplasphalt roadway
2) Concrete ramp and roadway
$14,500.00
$14,000.00
The reason for option (2) being less expensive is that Ferran
Concrete Co., Inc., would have to hire a subcontractor for the
asphalt placement operations in option (1).
Our office has reviewed the extra work and cost proposal, and
found it to be a reasonable estimate for the work to be com-
pleted. The work could be completed as a change order to the
original contract amount on the project. This change order
would not be aid eligible for eitherfederecl- or state"--funding
reimbursement.
~---'~
Z-r ;r,/-.----1P
Melville, New York. Farmlngdale, New York. Alverhead, New York. Falrfhtld, New Jersey
~
tl:lM
Supervisor Francis J. Murphy
and Members of the Town Board
February 20, 1987
Page Two
If the Town elects to proceed with this change order, please
contact our office so that we may arrange for Ferran Concrete
Co., Inc., to commence construction.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~o!t.~~.
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supt. James T. Monsell (w/encl.l
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box 1179
Southo1d, New York 11971
TELEPHONE
(516) 765,1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 25,1!l87
George W. Desmarais, P.E.
Holzrriacher, Mclendon & Murrell, P.C.
125 Baylis Road, Suite 1110
Melville, New York 117117
Re: Southold Scavenger Waste Treatment Facility
Maintenance Bond for Rotating Biological Contactors
C36-1120-03 (SOHT 83-02)
Dear George:
The Southold Town Board, at their'regular meeting held on February
211, ,1987, accepted the $86,000.00 Maintenance Bond submitted by lyco,
Inc., manufacturer of the rotating biological conta.:tors for the Southold
Scavenger Waste Treatment Facility.
The aforementioned bond is on file in' my offil:e.
Very truly YOUl.S,
~-
Judith T. Terry
Southold Town Clerk
. .
;fr~
ti~
HOLZMACHER,MCLENDOt:i..rnlMURRELL, P,C,. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
_.~~---
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516,752,9060
Supervisor Francis J. Murphy
Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
and
00
January 20, 1987
Re: Southold Scavenger Waste Treatment Facility
Maintenance Bond for Rotating Biological Contactors
C36-1120-03 (SOHT 83-02)
Dear Board Members:
The manufacturer of the rotating biological contactors,
LYCO, Inc., has submitted the Maintenance Bond for their
equipment, as specified in Contract No.1. Please have the
enclosed original Bond filed with the Town Clerk. We have
retained a copy for our records.
Should you have any questions regarding the enclosed, please
contact our office at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~o!f.j(j~-
George W. Desmarais, P.E.
GWD:mad
Enclosure (LYCO Maintenance Bond #5079028)
cc: Supt. James I. Monsell (w/encl.)
Melville, New York. Farmlngdale, New York. Riverhead, New York
.......
IInll'}
"
..-
MAINTENANCE BOND
Bond No. 5079028
KNOW AlLL MEN BY THESE PRESENTS, That we,
Lvco. Inc.
49 VanoU:I;,l:mrlZ Rd.Marlboro. N.J. 07746 (hereinafter called the "Principal") as Principal,
and th!e <*MBRAL INSURANCE COMPANY OF AMERICA, a corporation c,f the State of Washington,
duly ~thorized to do business in the State of 'New York (hereinafter called
the "Surety"), as Surety are held and, firmly bound unto ..Imm...llrf. f;ol1thojd.' N"w York
, (hereinafter, called the, Obligee'), in the sum of
________________ ________ ~------($ 8(; 000.00 )
for t e payment of ,which are well and truly to be made, we, ,the said Principal and the said
Suret~, bind ourselves, our heirs, executors, administrators" successors and assigns, jointly
and severally, firmly by these presents.
SIGNED artd sealed this
22nd
day of
Febru::lrv
, 19 8~
THE CONDITION OF THIS OBLIGATION is such, that
WBE~, 'Athe said princiPallt-a heretofore entered into a COtltract with said Obligee dated
~ ~~ , 19 f ,for rotatimt biololl:ical contactors
-
WHElE4S, the obligee has requested that said work be guarant.~ed against failure because of
defective workmanship or material, performed or furnished by said principal for a period
of five (5) years from date of completion and acceptance, 110rmal wear and tear excepted.
NOW TIlERItFORE, if the said Principal/shall indemnify and savla harmless the obligee against
loss or damage occasioned directly by the failure of said materials or workmanship, then
this obligation to be void, otherwise to reaain in full forc,a and effect. It is under-
stood. however, that this bond shall not include loss or dam,age by failure of workmanship
or materials due to hurricane, cyclone, tornado, earthquake, volcanic eruption or any simi-
lar d!sturbance of natbre, nor military, naval or usurped p~~er, insurrection, riot or
civil c~tion, nor any act of God.
./
It is further understood and agreed that the total liability of the surety under this bond
shall in no event exceed the sum of Eightv six thousand dollars and 00/100--------
Dolla~s .
No ri$ht of action shall accrue upon or by reason of this obligation to or for the use or
benef~t of any person, firm or corporation, other than the obligee herein named.
Lyco, Inc.
,J/~;~
GENERAL INSURANCE COMPANY OF AMERICA
,-
;
By:
BY~?~~ j~
Attorney-in-Fact
Richard H. Hunt
"
._-------~~--
.....
........
~
L
POWER OF
ATTORNEY
SAFECO INSURANCE- COMPANY OF AMERICA
GENERAL INSURANCE COMPANY Of AMERICI
HOME OFFICE: SAFECO PlAZA
SEATTLE, WASHINGTON 98185
No.
3145
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURA,NCE COMPANY OF AMERICA. each
a Washington corporation. does each hereby appoint
---------JOHN F. GIBLON, JR.; GEORGE E. CLAFFEY, JR.; CLINTON C. ROY; JANET COLLINS;
RICHARD H. HUNT. Clark, New Jersey---------------------'--------------------------
its true and lawful attorney(sHn-fact. witf:1 full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character issued in the course of its business. and to bind the respective company thereby.
IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this
12th
day of
December
83
.19_,
~"
c#;i).~, ..u ."'&,/
,
"'. n_ ...........l:RSUl. ~1':<::..fT....y
~::~.~
/
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V. Section 13, - FIDELITY AND SURETY BONDS, , , the President. any lIice President. the Secretary. and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority
to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business. . . On any.instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any
instrument conferring such authority or on any bond or undertaking of the company, the seal. or a facsimile thereof. may be
impressed or affixed or in any other manner reproduced; provided. however, that the seal shall not be necessary to the
validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 2S, 1970,
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V. Section 13 of the By.Laws. and
(ii) A copy of the power.of-attorney appointment,. executed pursuant therElla. and
(iii) Certifying that said power.of-attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof,"
I, W,D, Hammersla. Secretary of SAFECO INSURANCE COMPANY OF AMEFIICA and of GENERAL INSURANCE
COMPANY OF AMERICA. do hereby certify that the foregoing extracts of the Sy-l,aws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the
By-Laws, the Resolution and the Power of Attorney are still in full force and elfect,
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation
this
22nd
day of
February
85
.19_,
...--:---"
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5-974 R9 9/81
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PRINTED IN U.S,A.
-m
SAFECO
GENERAL INSURANCE COMPANY OF AMERICA
Assets
FINANCIAL STATEMENT - DECEMBER 31, 1983
Li.bnities
Cash and Bank Deposits
"'Bonds - U.S. Government...............
.Other Bonds ............................
.Stocks . ... .. . . .. .. . . .. .. .. . .. .. ... .. ....
Real Estate..............................
Agents Balances or Uncollected Premiums..
Accrued Interest and Rents . . . . . . . . . . . . . . .
Other Admitted Assets """,..,..,......
Total Admitted Assets. . . . . . . . . . . . . . . .
$ 4,655,168
2,864,000
332,317,517
153,149,342
20,298,990
Unearned Premiums. . . . . . . . . . . . . . . . . . . . . .
Reserve for Claims and Claims Expense. . . .
Reserve for Dividends to Policyholders, . . , ,
Additional Statutory Reserve... . . . . . . . . . . .
Reserve for Commissions, Taxes and
Other Liabilities ,..,...................
Total.... .., .., .... , .., , ..... ..' ....
$123,428,212
228,951,442
2,004,800
1,773,546
36,313,930
392,471,930
174,679,860
S51i7,151,790
"'Bonds arc stated at amortized or investment value; Stocks at Association Market Values.
Securities carried at $40,213,018 are deposited as required by law.
30,455,367 Capital Stock, , , , , , . , , , , , ,
10,038,336 Paid in Surplus """"'"
Unassigned Surplus..... . . . .
$ 2,500,000
2,391,058
169,788,802
I, DON H. STAY, senior vice president of General Insurance Company of America, do hereby certify that the foregoing is a true,
and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 1983, to the best of my knowledge and
belief.
13,373,070
Surplus to PoUcyholden""".".",.
5567,151,790
Total LiabUities and Surplus, , , , , , , , , ,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 6th
day of March, 1984,
S-885 R16 3/84
~~
Senior Vice President
PRINTED IN U.S.A.
'.
."
ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION
STATE OF:
COUNTY OF:
On this ,;<~ .,.-11 day of J&'~~19~, before me personally
carne,~tU/ 11 ~.1/ to me know to be the person duly sworn,
depose and say, that he resides in..#'~~ /-( -J ,that he is
the>?'mj~ of the .~f/ Cc? Mf'. ,the corporation
described in and which executed the foregoing instrument; that
he knew the seal of said coporation; that the seal affixed to said
instrument was such corporate seal; that it w.as affixed by order
of the Board of Directors of said corporation, and that he signed
his name thereto by like order.
Sworn before me this 2~ day, of fJE~i/ll8U_198(P.
/~~,t~IC
,.Vl :hn~ . JJT
NOTARY PUBLIC: p:rl//I'i:, s.
RUElERT M, MA~.,~'1lI 0'/
My Cnmmis:lion Expires~ 19.a.-
.
~
.
COpy FOR YOUR
INFORMATION
ti:>>t
HOLZMACHER, MCLENDON and MURRELL, P,C,. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516,752.9060
February 17, 1987
RECaVBj
FEB 1 9 '987
Ms. Betty Well s T...... Cl..,.l, "nutIloId
Principal Account Clerk
Town of Southo1d
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction ,~ Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Ms. Wells:
We enclose the following for your review and approval:
1. Payment Reque~t No. 15, dated February 6, 1987
2. Claim Voucher for Ferran Concrete Co., Inc.
Prior to processing
James McMahon that
MBE/WBE requirements
the Maintenance Bonds
this payment request, please check with
the contractor has complied with his
and W'ith Robert TaskE~r, Esq., regarding
and liquidated damages.
Should any questions arise regarding the enclosed, please con-
tact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~3.dJ~'
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc: ~pervisor Francis J. Murphy (w/encls.)
;Town Board
MelvUle. N_ York. Farmingd.te, New Vorl<.. . FIi"'*l'head. NlJlIlI Yorio:
.-
Il~
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752.9060
February 6, 1987
Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & ME!chanical Work
Payment Request No. 15 (Final)
C36-1120-03 (SOHT 83-02)
Gentlemen:
This is to notify you that Ferran Concrete Co., Inc., of Farmingdale,
New York, in accordance with its contract, has completed the above
referenced project and is entitled to payment for the following work:
Item Contract Approved
No. Amount Amount
1
For furnishing ftll labor, mate-
rials, equipment supplies & other
facilities necessary for the exe-
cution & completiQP of the Town
of Southold Scavenger Waste Treat-
ment Facility.
....
Cl Change Order No. 1
C2 Change Order No. 2
C3 Change Order No. 3
C4 Change Order No. 4
APPROXIMATE PERCENTAGE OF PROJECT
TOTALS
LESS PUNCH LIST ITEMS
SUBTOTAL
LESS PREVIOUS REQUESTS
AMOUNT PAYABLE
$1,957,000.00
1,031.70
6,253.69
10,055.01
6,685.16
COMPLE1'ED: 1 0 O~
$1,981,025.56
$1,957,000.00
1,031.70
6,253.69
10,055.01
6,685.16
$1,981,025.56
10,000.00
$1,971,025.56
1,875,623.38
$ 95,402.18
Prior to processing this payment request, please check with James
McMahon concerning the contractor's compliance with MBE requirements,
and with Robert Tasker, Esq., concerning thE~ maintenance bond and
liquidated damages.
Very truly yours,
HO/;&~N
~~ Loesch, P.E.
& MURRELL, P.C.
GEL/GWD:mad
Melville, New York. Farmlngclale, NftW 'I'M . R1..me.d. New York
.. "
"J,~~~!l\.~~~::n ..~~",~~...;.~:~.. , "."" -'#.-;".~!Oj;.""""^~~~~"';Ai-r;l'~~,l"'-:-~ir.Y'>~~-"'''''':" ".;c:."i~f~~.;q~"7r
.,.... -'.1,';,' .. ~ ~ . . .,- <'..-;"..~'" -'. ,....... ",' ',.. , '.- '.-....,.~..
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. "":--,~"..... ..~\" ~"""" ~. "'l ,', ,f. ".' '.., ",,' ." .......... .,'".~. ~ .....v. \,.A" ., <a.,...
........ "'ii.,,'\",,, ...~ t", ~,..,,~...... . ...... _.,.. ........ ,,4.. .. ........,.".. ........ '., .~..:'
.:':1<.~ ;~,~::\';;;~ ,~:.;,.:: :<.":~,"~ ...., ....." '. '.':::::::. .;', :". ,',.: ....< " <: .' :: >;':'~,:'::. ".,": :7;~~: :-:.~::~:: ' .,' .~;.X::
'...;-..."o;..'......,..,~. "" '''".....',....'.~~..."."..."... ,.... ...
':;~~~~..;::,....::: ';,. ..;" . ~ =; " - ;.; :.~::~~:..;.;~~':.::>; .":~~~~:;),.;. . =.' ::. .~: -:. " ..,' '.,'
~..., ~_:>::~.w,:,.. ~'....'''.' "J>... ..................... _ ....'lIl,~~i:."~.~_^_._=_."'...;..!~!.....~.........~..:"-.~..~....:.-'.:"."'...........L ..L.._-'....."..~~~
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......... ......... .... ......... .~:":7~t.~~?~,~~~ N. Y.,. ..~~~7.~.~.!):, .~:..... .ID.~?..
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr.
To........ K~~~,f:l,. ~9,~9~~r.J?,. ~9., .'... ;r,N<;:,.,..,.,...,.....,..,."..",. .Claimaat
93 Allen Boulevard
Address...,., ,~~:r:~~.r:~?:~.~.E7!. ..~.,~. ~.?~ ~..,."... ...... .........'...........'
11-2166162
Fed, I. D. No. ....................................
or Soc, Security No, ........................
2/6/87 PROJECT NO. SOHT 83-02: SOUTH OLD SCAVE:NGE
WASTE TREATMENT FACILITY (C36-1120-03)
In accordance with Engineer's Payment
Request No. 15 (final) da ted 216/87 :
TOTAL APPROV~D AMOUNT: $1,981, 025.~,6
LESS PUNCH LIST ITEMS: 10,000.00
vv~ ,~: ~ Sl, 971, U;t:>.~,b
t'!(",V ~uu~ !("'<..!U<>':H "': l.,~, .~~
AMOUNT PAYABLE. . . . . . . . . . . . . . . . . . $95,40 .18
The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the
(Cross out onel ~
foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and
that the balance therein stated is actually due and owing,
Dated ...........~~............,' 19,"?'Z..,
~~...~o...r~............
7"'/'~ Signature
.'~ . -,.
~.:~~~j;L.~~:,., i-;\.<i~:~;~~,~_";;it:~"~~:!,'~~~~:,(~~,
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;r.-~\\t1fi0~i~#t.....
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"
...
"
"
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RECEIVED
JMI 301987
M....
.....
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T_ CIA'" <;GUttIo/d
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAO, SUITE 140, MELVILLE, N,Y, 11747' 516-752.9060
January 29, 1987
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction &, Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Mr. Murdock:
As discussed in our recent phone conversation, the Southo1d
Town Board wishes to reconstruct the existing asphalt pave-
ment at the influent ports of the above refe!renced facility.
Basically, the reconstruction consists of :removing the as-
phalt pavement, lowering the influent port manhole rims,
placing concrete for pavement subgrade at the scavenger
truck dropoff area, and miscellaneous asphalt work.
The Town Board has requested that you submit a cost proposal
to our office for a change order to be iSSUEd on the project
for the reconstruction. Enclosed, for your use in preparing
the cost proposal, are the following desi~Jn sketches pre-
pared by our office:
Sheet No.1:
Sheet No.2:
Sheet No.3:
Pavement Grade Profile
Grading
Paving
The materials of construction for the asph.ilt and concrete
would be as specified in the original contract documents.
The subgrade material beneath the pavement l.dll be compacted
to 95% of maximum density. The 15-foot ldde: panels for each
influent port will be placed one at a time, with a minimum
cure time of 2 weeks between adjacent concrete pours.
Some of the reconstruction work for the pClvement has been
initiated by the Town workforce and subcontractors. I would
suggest that you conduct a site visit pric)r to submitting
the cost proposal. I would be glad to meet you at the site
to discuss the specifics of the project.
MelVille, H_ Vorl< . F.rmlngc:l.... New York . Rlverh.ad, He.... York
"
Il~
Mr. Lloyd Murdock
-2-
January 29, 1987
The Town is anxious to complete the recons:truction of the
ramp and, therefore, I request that the pr~~osa1 be submit-
ted to our office by February 20, 1987. PI,ease contact our
office at 752-9060 if any que8tions arise concerning the
above or if you wish to arrange for a meeting at the site.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~,14'. ~~
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc:
~pervisor Francis J. Murphy
~outhold Town Board
Mayor George W. Hubbard
Supt. James I. Monsell
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box 1179
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 21, 1987
George W. Desmarais, P.E.
Holzmacher, McLendon & Murrell, P.C.
125. Baylis Road, Suite 140
Melvi lie, New York 11747
Dear George:
Following your meeting with the Town Board at their Work Session
on January 20,1987, the Board, at their 'regular meeting held at 7:30'
P.M., adopted a resolution authorizi'ng H2M to prepare plans and specifica-
tions for the construction of a new unloading ramp at the Southold Scavenger
Waste Treatment Plant at Greenport, and upon completion and approval of
the plans and specifications, authorized me to advl~rtise for bids for the
construction of the new unloading ramp.
Very truly yours,
fi~r---"
Judith T. Terry
Southold Town Clerk
.".
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ti~
COpl F. -
I"FORMAn..
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRt:>NMENTAL SCIENTISTS and PLANNERS
125 BAVLlS ROAO, SUITE 140, MELVILLE, N,Y, 117.7 . 516-752,9060
January 19, 1987
RICIMD
JAN 2 11987
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
T_ CIMtr S'olr"- I hi
Re: Southold Scavenger Waste Treatment Facilit.y
Contract No.1: General Construction & M'~chanical Work
C36-1120-03 (SOHT 85-01)
Dear Mr. Murdock:
The fOllowing items are still to be repaired/replaced/in-
stalledlprovided for the above referenced project. These items,
constituting the .punch list., were initially brought to your at-
tention in my December 23, 1985, correspondenc,~ to your office.
1) Brush off asphalt roadway at south side of open sludge
drying beds.
2)
tions:
Repair damaged asphalt pavement at t,he following loca-
a) front entrance to covered Sludge drying bed
b) digester building roadway at northwest corner of
ferric chloride storage vault
c) digester building roadway across from north door
d) digester building roadway acrosel from ferric chlo-
ride storage vault
3) Provide performance guarantee for rotating biOlogical
disc units, as detailed in the design specific,ations.
The fOllowing items require maintenance based on initial opera-
tion of the plant:
4) Repair west entrance gate to the facility. The welds on
the cantilevered aluminum frame have cracked or failed, and the
fence fabric has begun to twist.
Melville, New York. Farmlngdale, New YOrk. Rlverhead, Nell" YOrll,
;/
11>>t
Mr. Lloyd Murdock
-2-
January 19, 1987
I have repeatedly requested that the repair wo,rk for the asphalt
pavement be completed as soon as possible. In addition to the
asphalt areas damaged in Item 12, the asphalt pavement immedi-
ately west of the influent ports has recently shown severe signs
of deterioration, buckling and heaving. '!'his portion of pavement
is required to be replaced, and this should be, done immediately,
before further damage to the pavement occurs.
If any questions arise, please contact our offi.ce.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ 3. ~4tJNI'f
George W. Desmarais, P.E.
GWDlmad
cc:
S~rvisor Francis J.
ySouthold Town Board
Robert W. Tasker, Esq.
Supt. James I. Monsell
Murphy
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HOLZM~~;::y~,~L:~:~S~~~E~~:.R~~~;~t~:~~~Sl~~i~~l~i~~~:S'ENVI:ON~~;~;}~~ISTS and ~~,t, /,
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UlJ[ DEe 1 2 1986 ! U
TOWN OF SOUTHOLD
Supervisor Francis
Town of Southo1d
53095 Main Road
Southo1d, NY 11971
J. Murphy
Re: Southo1d Scavenger Waste Treatment Facility
C36-1120-03 (SOHT 85-01)
Dear Supervisor Murphy:
This correspondence will address the items of concern provided to
R2M in the November 24, 1986, letter from Corinne Bednoski con-
cerning the above referenced facility. The responses are num-
bered in accordance with the November 24th letter.
1) The contractor (Valentine Rea ting & Air Conditioning,
Inc., Miller Place, New York) has been contacted by letter to re-
pair the malfunctioning heaterlair conditioning unit in the ad-
ministration room of the treatment building. This item was pre-
viously noted in our March 7 and April 24, 1986, punch list let-
ters to the contractor.
2) The flash mix motor was removed by Ferran Concrete's
subcontractor because of a breakdown. The motor was shipped back
to the factory for a replacement unit. The manufacturer of the
flash mix unit determined that the contractor installed the wrong
size motor for the mixer. The subcontractor and the manufacturer
of the mixer unit are determining who is responsible for the cost
of the replacement unit. The contractor has been notified by
1et~r to replace the unit immediately via my latest punch list
of December 10, 1986.
3) The diSCharge line of the ferric chloride pump is
clogged. The operators at the plant will attempt to clean the
line out as soon as possible. The hydrochloric acid pump is in-
operative because the electric motor shorted out due to water en-
tering the motor chassis. In my July 10, 1986, letter to the
Town and Village, I recommended chopping a 2-inch deep sump (12"
x 12") in the chemical vaul t floors to allow for the portable
sump pump to operate properly and to remove any standing water on
the vault floor. The sump was never constructed or the standing
water pumped out and, therefore, the motor shorted. I would sug-
gest that the Village or Town order a replacement pump motor and
have it installed by the sewage treatment facility personnel.
The ordering information is readily available in the operation
Melville, New York. Farmlngdale, New York. Rlverhead, New York. Fairfield, New Jersey
"'.
."
.
:'H(Lj')>
J~, \
Supervisor Francis J. Murphy
-2-
December 11, 1986
and maintenance manual provided for the project. In addition, I
would suggest that prior to the new pump being placed in opera-
tion, either the sump be constructed in the vault or the pump be
placed on a pedestal to minimize the risk of the motor shorting
out again.
4) The heaterlheat exchanger for the digester has been re-
paired by the contractor, and is presently in working order.
5)
digester
tor.
The digester gas leak in the gas accessory room of the
building has been located and repaired by the contrac-
6) The equalization tank level transmitters have been re-
calibrated.
7) The contractor has been contacted by letter to recali-
brate the petrometer liquid level gauges for the chemical storage
tanks in the administration room of the treatment building.
8) The testing for operation for standby power at the
treatment plant was conducted in December, 1985, with Village of
Greenport STP opera tor Richard Walkden. Mr. ~qalkden was the only
operator for the site at that time. Based on the December, 1985,
test, the Village generator has adequate electrical capacity to
provide standby power to the Town scavenger waste plant. Step-
by-step procedures were outlined for the transfer to standby
power for the facility in case of a power outage. These step-by-
step procedures are mounted on the main motor control center in
the administration room of the treatment building. On my next
visit to the site, another training session ~'ill be conducted to
outline the procedures to be followed by the operators in case of
a power failure.
I trust the above comments have answered questions concerning the
scavenger waste treatment facility operation. H2M will continue
to ensure that the contractors make every attempt to re-
pairlreplace malfunctioning equipment at the plant. If any fur-
ther questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~"I~ 8! {f&~
George W. Desmarais, P.E.
GWD:mad
cc: Town Board
Supt. James I. Monsell
Mr. James C. McMahon
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HOI.ZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516-752.9060
December 10, 1986
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TOWN OF SOUTHOlD
Mr. John Valentine
Valentine Heating & Air Conditioning, Inc.
500 Route 25A
Miller Place, New York 11764
Re: Southo1d Scavenger Waste Treatment Facility
Contract No.2: Heating, Ventilation & Air Conditioning
C36-1120-03 (SOHT 83-02)
Dear Mr. Valentine:
The following item is still experiencing operational difficulty
on the above referenced project. This item 1~as initially brought
to your attention in my December 27, 1985, and March 7, 1986,
letters to your office.
1) The incremental air conditioner unit in the administra-
tion room of the treatment building is not :Eunctioning properly.
The unit blows air, but not hot air. The unit has been adjusted
periodically by your workforce, but has consistently malfunc-
tioned after a short period of operation E!ach time. With the
winter season fast approaching, the malfunction should be cor-
rected or a replacement unit should be installed.
Please see that this item is completed as soon as possible. If
any questions arise concerning the above, please contact our of-
fice.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
/f':Y 06'f. /fYt:Pmt!:/I!1'
George W. Desmarais, P.E.
GWD:mad
cc: ~pervisor Francis J. Murphy
Supt. James I. Monsell
Mr. James C. McMahon
Mr. Richard Pagani
Melville, New York. Farmingdate. New York. Fiiverhead, New York. Fa,irtield, New Jersey
#
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HOLZMACHER, McLENDON and MURRELl., P,C. . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLiS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752.9060
December 10, 1986
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-ll20-03 (SORT 85-01)
Dear Mr. Murdock:
The fOllowing items are still to be repaired/replaced/in-
stalledlprovided for the above referenced project. These items,
constituting the "punch list", were initially brought to your at-
tention in my December 23, 1985, correspondence to your office.
1) Brush off asphalt roadway at south side of open sludge
drying beds.
2)
tions:
Repair damaged asphalt pavement aLt the following loca-
a) front entrance to covered sludge drying bed
b) digester building roadway at northwest corner of
ferric chloride storage vault
c) digester building roadway across from north door
d) digester building roadway across from ferric chlo-
ride storage vault
3) Provide performance guarantee and maintenance bond for
rotating biOlogical disc units, as detailed in the design speci-
fications.
The fOllowing items require maintenance based on initial opera-
tion of the plant:
4) Recalibrate/replace petrometer liquid level gauges in
administration room of treatment building.
5) Install flash mix motor that was recently removed by
your subcontractor.
Melville, New York. Fatmingdale, New York. Riverhead, New York. F'lirfjeld, New Jersey
,
I
.
f;:.
Mr. Lloyd Murdock
December 10, 1986
-2-
I have repeatedly requested that the repair work for the asphalt
pavement be completed as soon as possible. In addition to the
asphalt areas damaged in Item #2, the asphalt pavement immedi-
ately west of the influent ports has recently shown severe signs
of deterioration, buckling and heaving. This portion of pavement
is required to be replaced, and this should be done immediately,
before further damage to the pavement occurs.
If any questions arise, please contact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
,. ,{{IIV' ,1ft', .e;W::'l1/l,~.
George W. Desmarais, P.E.
GWD:mad
cc: ~~ervisor Francis J. Murphy
Robert W. Tasker, Esq.
Supt. James I. Monsell
~
.'
Il~'
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIFIONMENTAL SCIENTISTS and PLANNERS
_ ___0 ...__._._._._._______.~__.n_ ..__ _
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516-752.9060
December 11, 1986
Supervisor Francis J. Murphy
Town of Southo1d
53095 Main Road
Southo1d, NY 11971
IUCEMD
DEe 1 2 1986
Town CM SouthDld
Re: Southo1d Scavenger Waste Treatment Facility
C36-1120-03 (SOHT 85-01)
Dear Supervisor Murphy:
This correspondence will address the items of concern provided to
H2M in the November 24, 1986, letter from Corinne Bednoski con-
cerning the above referenced facility. The! responses are num-
bered in accordance with the November 24th le!tter.
1) The contractor (Valentine Heating & Air Conditioning,
Inc., Miller Place, New York) has been contacted by letter to re-
pair the malfunctioning heater lair conditioning unit in the ad-
ministration room of the treatment building. This item was pre-
viOUSly noted in our March 7 and April 24, 1986, punch list let-
ters to the contractor.
2) The flash mix motor was removed by Ferran Concrete's
subcontractor because of a breakdown. The me,tor was Shipped back
to the factory for a replacement unit. The manufacturer of the
flash mix unit determined that the contractor installed the wrong
size motor for the mixer. The subcontractor and the manufacturer
of the mixer unit are determining who is responsible for the cost
of the replacement unit. The contractor has been notified by
lett:,j;!r to replace the unit immediately via my latest punch list
of December 10, 1986.
3) The discharge line of the ferric chloride pump is
clogged. The operators at the plant will attempt to clean the
line out as soon as possible. The hydrochloric acid pump is in-
operative because the electric motor shorted out due to water en-
tering the motor chassis. In my July 10, 1986, letter to the
Town and Village, I recommended Chopping a 2-inch deep sump (12"
x 12") in the chemical vaul t floors to allow for the portable
sump pump to operate properly and to remove CLny standing water on
the vault floor. The sump was never constructed or the standing
water pumped out and, therefore, the motor shorted. I would sug-
gest that the Village or Town order a replacement pump motor and
have it installed by the sewage treatment facility personnel.
The ordering information is readily available in the operation
Melville, New York. Farmingdale, New York. Rlverhead, New YOf'k. Fairlleld, New Jersey
..
.
~IlZ"
Supervisor Francis J. Murphy
-2-
December 11, 1986
and maintenance manual provided for the project. In addition, I
would suggest that prior to the new pump bein!1 placed in opera-
tion, either the sump be constructed in the vault or the pump be
placed on a pedestal to minimize the risk of the motor shorting
out again.
4) The heaterlheat exchanger for the dig,ester has been re-
paired by the contractor, and is presently in working order.
5)
digester
tor.
The digester gas leak in the gas aCCE!Ssory room of the
building has been located and repaire,d by the contrac-
6) The equalization tank level transmitt,ers have been re-
calibrated.
7) The contractor has been contacted by letter to recali-
brate the petrometer liquid level gauges for the chemical storage
tanks in the administration room of the treatment building.
8) The testing for operation for standby power at the
treatment plant was conducted in December, 1985, with Village of
Greenport STP operator Richard Walkden. Mr. Walkden was the only
operator for the site at that time. Based on the December, 1985,
test, the Village generator has adequate electrical capacity to
provide standby power to the Town scavenger wcLste plant. Step-
by-step procedures were outlined for the triinsfer to standby
power for the facility in case of a power outage. These step-by-
step procedures are mounted on the main motor control center in
the administration room of the treatment building. On my next
visit to the site, another training session will be conducted to
outline the procedures to be followed by the operators in case of
a power failure.
I trust the above comments have answered questions concerning the
scavenger waste treatment facility operation. H2M will continue
to ensure that the contractors make every attempt to re-
pairlreplace malfunctioning equipment at the pl.ant. If any fur-
ther questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
/b!~ otI! ~~
George W. Desmarais, P.E.
GWD :m~
cc: ITown Board
Supt. James I. Monsell
Mr. James C. McMahon
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HOLZMACHER. McLENDON and MURRELL. P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
----------.-
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060
September 23, 1986
f2I I? rs" P'\:7r::~,
IS \6 L~ .~- ''':'''-!~---' i t ~ \
II :;
SEP 2 5 1986 ' \ \ \ \~\t.
~ ~r..\\1. IUft
Mr. Lloyd Murdock I c""'WN OFSOUTHCUJ
Ferran Concrete Co., ~v
93 Allen Boulevard
Farmingdale, New York 11735
Copies
Re:
Southold Scavenger Waste
Contract No.1: General
C36-ll20-03 (SOHT 83-02)
Adg, Date
- t!!:,?-
- ~ dV/A' . l.-
Treatment Facf:i!1ty ~;IJI1' """P~~ ~ _
Construction & Mechanic~f'Work
Dear Mr. Murdock:
The following items are still to be repairl!d/replaced/installed/
provided for the above referenced project. These items, consti-
tuting the "punch list", were initially brought to your attention
in my December 23, 1985, correspondence to your office.
1) Brush off asphalt roadway at south sidl! of open sludge drying
beds.
2) Repair damaged asphalt pavement at the following locations:
a) front entrance to covered sludge drying bed
b) digester building roadway at northlqest corner of ferric
chloride storage vault
c) digester building roadway across fl~om north door
d) digester building roadway across from ferric chloride
storage vault
3) Provide performance guarantee and main1:enance bond for rotat-
ing biological disc units, as detailed in the design specifi-
cations.
The following items require maintenance/replacement due to mal-
function since initial startup of the plan1:, and were brought to
your attention in my February 11, 1986, correspondence to your
office:
4) Repair roof leak in grit chamber room of treatment building
near grit chamber motor.
Melyille. New Yorl< . Farmingdale. New York. Rlvernead, New York. Fail'!leld, New Jersey
.
r2~"1
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
September 23, 1986
Page Two
5) Replace stators for two pumps in sludge/scum well.
6) Repair oil leak on north drive unit for rotating biological
disc.
The following items require maintenance based on initial operation
of the plant:
7) Repair variable speed control box for flocculator, as it is
currently inoperative.
8) Arrange for completion of startup and testing services of
digester equipment ,by Carter Company's service technician.
This includes calibration of two (2) Westinghouse gas meters
and completion of installation of smaller fuel feed nozzle
for the heater/heat exchanger.
9) Repair check valve on digester sludge re9irculation pump dis-
charge line.
10) Locate and repair gas leak in digester gas accessory room.
11) Install fluid for petrometer liquid level gauges in admini-
stration room of treatment building.
I have repeatedly requested that the repair work for the asphalt
pavement be completed as soon as possible. In addition to the
asphalt areas damaged in Item #2, the asphalt pavement immediately
west of the influent ports has recently shown signs of deteriora-
tion, buckling and heaving. This portion of pavement is required
to be replaced, and this should be done immediately before further
damage to the pavement occurs.
If any questions arise, please contact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~.pr p. 4f'~t144t4
George W. Desmarais, P.E.
GWD:ma.:t
cc: ~upervisor Francis J. Murphy
Robert W. Tasker, Esq.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 13, 1981i
George W. Desmarais, P.E.
Holzmacher, McLendon and Murrell, P.C.
125 Baylis Road, Suite 1110
Melville, New York 117117
Re:'Southold Scavenger Waste Treatment Facility
Contract No. II: Electrical Work
Change Order No.2
C36-112o-03 (SOHT 83-02)
Dear George:
Town Hall, 53095 Main Road
p,O, Box 728
Southo1d, New York 11971
TELEPHONE
(516) 765-1801
'-
Enclosed are five (;5) copies of the proposal submitted by McDowell
Electric Corp for the performance of "extra" work on the above referenced
project (Change Order No.2)" executed by Sup4~rvisor Murphy, in accord-
ance with a Town Board resolution on August 12, 1986.
Very truly yours,
~+-
Judith T. Terry
Southold Town Clerk
Enclosures (5)
ti:lM
HOLZMACHER, McLENDON and MURRELL, P,C. . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
- -- ---_._----_._--_._.__._.._._--"~._--_._-- -----
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516,752.9060
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
August 7, 1986
Re: Southold Scavenger Waste Treatment Faci.lity
Contract No.4: Electrical Work
Change Order No. 2
C36-ll20-03 (SOHT 83-02)
Gentlemen:
Enclosed please find six (6) copies of the proposal submitted by
McDowell Electric Corp. for the performance of "extra" work on
the above referenced project (Change Order No.2). The work in-
cluded in Change Order No. 2 is as detailed in the enclosed doc-
umentation of the description, reasons and cost estimates for
the work provided.
Our office has reviewed the extra work and cost proposal (Change
Order No.2), and found them to be satisfact:ory. Please be ad-
vised that State and Federal reimbursement for this and future
change orders will be drawn from the 5% cont:ingency fund allo-
cated to this project. Reimbursement is subject to NYSDEC ap-
proval. Our office will submit a description, cost and reason
for all change orders to NYSDEC for their approval.
Please execute Change Order No. 2 and return five (5) copies to
our office so that we may forward it to NYSDEC for their approval.
Should any questions arise regarding the above, please contact
our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~.~~~-
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead, New York. Fairfield, New Jersey
- ",.....,
.. "I; ~.
.
RECEIVED
HlM
AUG 1 1986
.cD~fJ.~CW~iOll9.
CHANGE ORDER NO. 2
CONTRACT NO.4:
Electrical Work
C36-1120-03
PROJECT:
Southold Scavenger Waste Treatment Facility
CONTRACTOR:
McDowell Electric Corp.
P.O. Box 216, Edwards A~enue
Calverton, New York 11933
Contact: Mr. Andrew McDowell
(516) 727-7272
OWNER:
Town of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
I
H2M/Holzmacher, McLendon & Murrell, PoCo
125 Baylis Road, Suite 140
Melville, New York 11747
Contact: Mr. George W. Desmarais, P.E.
(516) 752-9060
DESCRIPTION OF CHANGE ORDER
This change order entails the following item(s):
A) Furnishing and installation of electrical equipment for
wiring temperature and pressure control switches to aeration
blower motors 1, 2 and 3.
B) Furnishing and installation of electrical equipment for
installing additional feeder cable and associated wiring between
control building and digester building.
C) Furnishing and installation of electrical equipment for
wiring equalization tank liquid level transmitters.
D) Furnishing and installation of electrical equipment for
wiring two (2) digester gas flow meters.
1.
"
,
HlM
E) Furnishing and installation of electrical equipment for
wiring digester cover position indicator and liquid level position
indicator.
F) Furnishing and installation of electrical equipment for
wiring and control to allow variable speed operation of flash mixer
and flocculator.
REASONS FOR MODIFICATIONS
A) Temperature and pressure control swi1:ches were furnished
by the general contractor for protection of the aeration blower
motors. Each of the three motors was provided with 2 control
switches. These switches and their connections to the motors
were not shown on the electrical drawings, bU1: were required to
be installed.
B) Additional feeder cable was required to be provided be-
tween the administration building and the digester building to
supply the proper line voltage based on the National Electric
Code, and to provide spare feeder lines for potential future
use.
I
C) The electrical drawings showed the wiring from the two
equalization tank level transmitters to the control boxes in a
single conduit. Based on discussions with the manufacturer of
the units, for the most accurate readings, each level trans-
mitter wiring control should be placed in an individual dedi-
cated conduit to insure no interference with ,the electrical
signals. Therefore, additional wiring and conduit was installed
by the electrical contractor.
D) Two (2) digester gas flow meters were installed by the
general contractor on the project. Proper op,=ration of the sewage
gas meters required electrical wiring and connections in an ex-
plosion proof area, which was completed by th,= electrical con-
tractor.
E) A digester cover position indicator and digester liquid
level position indicator were installed by the general contractor
on the project. The electrician was required to provide wiring
from the power source to the alarm annunciator for each of the
two meters.
F) The variable speed controllers for the flash mixer and
flocculator were not shown on the electrical drawings. The
electrician provided wiring and controls to allow the use of
these variable speed controllers.
2.
.
ti~
CONTRACTOR'S PROPOSAL
A) Wiring temperature & pressure controls
Total Material
Total Labor
$223.00
880.00
Total Item A
$1,103.00
B) Installing additional feeder cable
Total Material
Total Labor
$ 79.00
440.00
Total Item B
519.00
C) Wiring equalization tank level transmitters
Total Material
Total Labor
$ 50.00
315.00
Total Item C
365.00
D) Wiring digester gas flow meters i
Total Material
Total Labor
$155.00
138.00
Total Item D
293.00
E) Wiring digester cover position and liquid
level indicators
Total Material $ 82.00
Total Labor 184.00
Total Item E
F) Wiring variable speed controllers
Total Material $182.00
Total Labor 720.00
Total Item F
266.00
902.00
TOTAL NET COST OF CHANGE ORDER NO. 2
(ITEMS A THROUGH F). . . . . . . . . . . . . .$3,448.00
3.
.
.
.
ti:>>t
As a result of the above change order, the total contract
amount will change from $98,597.00 to $102,04S.00. The Engineer
has reviewed this change, and finds it to be in order.
APPROVAL BY:.
OWNER:
DATE: f/~n,
DATE'yf~~
ENGINEER: ~ h. ~rU..hIIJ//t114
DATE: -11.rl'
i
4.
~
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
11l:ot_ .
E!.
~".
:~~~,-
. -~.:~.,_':~""
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
August 15, 1986
George:
Do you wish to follow up on this? Thank you.
Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
~7-'
\------
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THE STATE INSURANCE FUND
199 CHURCH STREET NEW YORK, N,Y. 10007
(212) 312-7276
CANCELLATION OF CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
...-
TOWN OF SOUTHOLD
MAIN ST
SOUTHOLD NY
~UG \ 5 1986
,.... ~ ~
POLICY NUMBER
,', 702 005-0
DATE
8/05/86
CERTIFICATE NUMBER
002-444
. ............PERJ1ogl~rJ~~~gy.1H;9Jt31U"Ct<tE...................1
POLICYHOLDER
CERTIFiCATE HOL..DER
MCDOWELL ELECTRIC CORP
EDWARDS AVE BOX 216
CALVERTON NY
11933
TOWN OF SOUTHOLD
MAIN ST
SOUTHOLD NY
THIS IS TO ADVISE THAT THE WORKERS' COMPENSATION POLICY ISSUED TO THE POLICYHOLDER
NAMED ABOVE HAS BEEN CANCELLED EFFECTIVE 9/12/86
THIS INFORMATION IS FURNISHED YOU IN COMPLIANCE WITH TERMS OF THE CERTIFICATE OF
INSURANCE NUMBERED AS ABOVE AND ANY OTHER CERTIFICATE OF INSURANCE PREVIOUSLY
ISSUED TO YOU AT THE POLICYHOLDER'S REQUEST UNDER THE ABOVE POLICY NUMBER.
CANCELLATION
THE STATE INSURANCE FUND
:-#. ~e~
DilRECTOR, INSURANCE FUND UNDERWRITING
1124
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HOLZMACHER, McLENDON and MURRELL, PC. . CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
------,_..._._-_..~----
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516,752-9060
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July 7, 1986
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Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingda1e, New York 11735
Re: Southold Scavenger Waste
Contract No.1:, General
C36-1120-03 (SOHT 83-02)
Adg, Date
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File ;::v /1 y~
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Treatment Facility
Construction & Mechanical Work
;:; y,r
Dear Mr. Murdock:
The following items are still to be repaired/replaced/installed/
provided for the above referenced project. These items, consti-
tuting the "punch list", were initially brought to your attention
in my December 23, 1985 correspondence to your office.
1) Brush off asphalt roadw~y at south side of open sludge drying
beds.
2) Repair damaged asphalt pavement at the following locations:
a) front entrance to covered sludge drying bed
b) digester building roadway at northwest corner of ferric
chloride storage vault
c) digester building roadway across from north door
d) digester building roadway across from ferric chloride
storage vault
3) Provide performance guarantee and maintenance bond for rotat-
ing biological disc units, as detailed in the design specifi-
cations.
4) Provide spare parts as detailed in my October 4, 1985 letter
to your office. The spare parts still to be provided are as
follows:
a) toolbox fitted with a lock
b) two (2) sets of wear rings, two (2) shaft sleeves, one
(1) set of radial bearings, one (I) set of thrust bear-
ings, and six (6) sets of packing for all pumps (submer-
MeIY.i,E'. "Ie.... Yorio. FCI'r'r.~;:l~it, Ne.. YO'~' R~@.t>",ac New VO'~.' l:a,rt,elc, Ne....Je'se~
.
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Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
July 7, 1986
Page Two
sible and non-submersible) and blowers supplied (if
applicable)
The following items require maintenance/replacement due to malfunc~
tion since initial startup of the plant, and were brought to your
attention in my February 11, 1986 correspondence to your office:
5) Repair roof leak in grit chamber room of treatment building
near grit chamber motor.
6) Replace stators for two pumps in sludge/scum well.
7) Install electrode for waste gas burner of digester gas system.
8) Repair oil leak on north drive unit for rotating biological
disc.
The following item requires maintenance base,d on initial operation
of the plant:
9) Install fuel filter on heater/heat exchanger fuel feed line.
I have repeatedly requested that the repair work for the asphalt
pavement be completed as soan as possible. In addition to the as-
phalt areas damaged in Item #2, the asphalt pavement immediately
west of the influent ports has recently sho~m signs of deteriora-
tion, buckling and heaving. This portion of pavement is required
to be replaced, and this should be done immE,diately before further
damage to the pavement occurs.
If any questions arise, please contact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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George W. Desmarais, P.E.
GWD:mad
cc: hupervisor
Francis J. Murphy
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Supervisor Francis Murphy
Town of Southold
Main Road
Southold, NY 11971
re: Scavanger Waste Treatment plant
Dear Supervisor Murphy:
CNA Insurance Company has requested the followir~ information
for the Scavanger Waste Treatment Plant:
1) How many motors & pumps are there?
2) What is their horsepower?
3) Are there backup pumps and motors? If so, how many?
4) Is there an alarm system or other monitoring system that
alerts personnel in the event of equipme,nt malfunction?
Please respond to the above as soon as possible.
Very truly yours,
'\~N~~ I.l"'-
E'red Kaelin
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Main Road Mattiluci( N,Y, 11952
TELEPHONE: (516) 298-8481 L-
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FORM NO, 6
Building Department
VILLAGE OF GREENPORT
COpy FOR YOUR
'NFORMATlON,
"
236 THIRD STREET. GREENPORT. L.II.. N.Y.
Tel. (516) 477.0248
CERTIFICATE OF OCCUPMCY
[BlNew Building
o Alteration
No........................................
Date .....................~.!:.~~....J.Q..... 19 .~.e......;
'.
THIS CERTIFIES that the building located at ..~~.<;>.:.~.:'....~.~.~.~.~...~.~.~....~.~.!!.~.!:...... Street.
Access Road
District No. ......1.9.9.1................ Section No. .....Q.IU........ Block No. ......t........... Lot No. ...J.......
County Tax Map in the Village of Greenport. conforms subst<lntially to the approved plans and
specifications heretofore filed in this office with Applic<ltion for Building Permit dated
.....................:;;..........l!H.!!~...g.919.?~...... pursuant to which Bluilding Permit No. ....211.l..............
dated .................................:!.!-!1Y....9... 19?~......, was issued. and conforms to all of the require-
ments of the applicable provisions of the law. The occupancy for which this certificate is issued is
........?~.l;I.~~.?~.L.~.I?!!.y.~.~.ei~X.. .."!.?!'!J.~...:r:r..~.!':,v.rn~.t].t:...f.!':.c;.~.),J.li.Y.....,..................... ...............
This certificate is issued to ........:r:!?\'!ff...Q!:...@!?y.X.~.Q.r,..p......,...........................................................
(owner, lessee or tenant)
of the aforesaid building.
......../i;.~..:.:........ ................~.....
Superintendent of Buildings
WARREN OLSEN
(The Certificate of Occupancy will be issued only after the Superintendent of Buddings is convinced
of the completion of the construction in compliance with the Stato Building Construction Code and
with other laws, ordinances or regulations affecting the premises, and in conformity with the approved
plans and specifications. A final electrical, plumbing, heating or sanitlltion certificate or other evidence
of compliance may be required before the issuance of the Certificate of Occupancy.)
ROBERT W, TASKER
Town Attorney
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TOWN 0 V'V SOUTHOLD I\u::,:. TELEPHONE'
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%.' .,.'8 '-4'- 0 )" _ ro ...... ~.1.
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425 MAIN STREET. P,O, BOX 697
GREENPORT,L.I"NEW YORK 11944
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June 25, 1986
Hon. Francis J. Murphy
Supervisor
Town of Southold
Main Road
Southold, New York 11971
Re: Ferran Concrete Co., Inc.
MBE /WBE Compliance
Dear Frank:
I have reviewed the Ferran letter which I received yesterday.
It would seem to me that in view of the fact that the Federal Government
is withholding funds on this project, that it is incumbent upon Ferran to
resolve its MBE/WBE compliance problems with the DEC and that until such
is resolved, we should make no payments to Ferran. Otherwise, I believe
that we may jeopardize the Federal funds which are being withheld.
Yours very truly,
~~
ROBERT W . TASKER
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Adg, Date
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JUDITH T. TERRY
TOWN CUR"-
RECISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 13, 1986
Bob:
Per letter from George Desmarais, please review the Maintenance Bond of
McDowell Electric Corp.
Thank you.
#r-
I-i~M
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
.~- ------_.._-------~----------_.. ---...-
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752.9060
.,. -..
February 12, 1986
FE! t 3 1986
.....~, r ..
Judith T. Terry, Town Clerk
Town of Southo1d
53095 Main Road
Southo1d, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.4: Electrical Work
C36-1120-03
SOHT 83-02
Dear Ms. Terry:
Our office has reviewed your February 5th correspondence to our
office concerning the Maintenance Bond provided by McDowell
Electric Corp. for the electrical work on the above referenced
project. This Maintenance Bond should be reviewed by the Town
Attorney for conformance to the contract documents.
I have enclosed the Maintenance Bond which ,~as forwarded to our
office. If any questions arise, please contact the writer at
752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ 0!11"&~
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Melville, New York. Farmingdale, New York. Rlverhead, New York. Fairfle'd, New Jersey
.1 -
McDOWELL ELECTRIC CORPORATION
P. O. Box 216, Edwards Avenue
Calverton, New York 11933
516.727.7272
RECEIVED
FEB 5 1986
TRANSMITTAL LETH:R
Town Cll!rk Southold
Date
2/4/86
Ta: Town of Southold
53095 Main Road
P.D Box 728
Southold, New York 11971
Job: South.old" ScavpnePT WR~tp Trp~~mpn~ F~ri'i~)r
We transmit herewith for your-Information
Approval
Files
x
Correction
I
Retu rn
Maintance Bond
Copies of
Sheet Nos.
.
Remarks
Yours very truly,
McDowell Electric Corp.
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Enclosed: I
By
Marie Picone
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NEWARK. N. .J. 0"10:1
Bond No.051405
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WE, McDowell Electric Corp., Box 216 _
ErlolardR Avenue, C81verton, Ne," ~ork 11933 as Principal,
and INIERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of
24 COllllllerce Streett. Newark, New Jersey, licensed to do business in the State
of. New Jersey and New York , as Surety, are held and firmly bound unto
the Town of Southhold as Obligee,
in the full and just sum of Ninety Eight Thousand Five Hundred Nin t S ven d
00/100--------($98,597.00)-_____.. DOLLARS lawful money of the Unitea Sta~es o~
America to the payment of which sum, well and truly to be made, the Principal
and the Surety bind themselves. their successors and assigns, jointly and
severally. firmly by these presents.
SIGNED, SEALED AND DAIED THIS 30th day of January 1986
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Principal entered
into a contract with the Obligee for
Scavenger Waste Treatment Facility
AND WHEREAS, the Obligee requires a guarantee from the Principal against
defective materials and worlananship in connection with said
Scavenger Waste Treatment Facility
NOW, THEREFORE, if the Principal shall make any repairs or replacements which
may become necessary during the period of ONE YEAR _ 1/30/86 to 1/30/R7
because of defective ,materials ot w6rKmanship
in connection with said contract of which defectiveness the Obligee shall give
the Principal and Surety written notice within (15) fifteen days after. discovery
thereof, then this obligation shall be void; otherwise it shall be in full
force and effect.
(
,
All suits at law or proceedings in equity to recover -on this bond must be
instituted within twelve (12) months after the expiration of the maintenance
period provided for herein.
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McDowell Electric Corp.
Box 216 - Edwards Aven e
lverton, New York
lNTERNATIONllL FIDELITY INSURANCE COMPANY
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Attorney-in-Fact
R.D. Reuter Attorney In Fact
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State of
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On this
day of
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to me knowr
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he execute,
the same.
My commission expires
Notary Public
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State of
County of
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On this
day of
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to me known and known to m
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for tt"
act and deed of said firm.
My commission expires
Notary Public
------------------------------------------.-------------------
County of
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State of
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the corporation described in and which executed the above instrument; that he kr<c:;ws the seal of said corporation; that the seal affixed
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed h
name thereto by like order. EDWIN R. RIEKERT ~ " ~. ~'h'
NOTARY PUBLIC. Stale of New Yorl< ::?'
No. 52.8574565. Suffolk County ., '
My commission expires r.nmmi<::C!inn Fvpirp<:: M~rr.h 30 198~ <-<~.. Z 0;;&
- N tary Publ ic
----~--------~---------------------------_._-------~---~-------------
. 19-H... before me personally carr
State of
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a 1 he is an attorney-in.fact of Internat ional Fidelitv Insurance Comnanv
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~ the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the s€
.:l affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fa'
by authority of the Board of Directors of said corporation and by authority of this office under the Stan:ling Resolutions thereof.
(alt~ b f:2u(~
On this
30th
day of Januarv
.19
86 . before me personally carr
R.D. Reuter
to me known, who, being by me duly sworn, did depose and say th,
My commission expires
KAREN D. KAUFMAN
NOTARY PUBLIC. Stote of New Y k
No. 4811449 or
<?u~IJTJeCT In Nassou County reG
CommJSSlon Expires March .10 1 Q V
Notary Publ ic
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INTERNATIONAL FIDELITY INSURANCE COMPANY
24 COMMERCE ST.. NEWARK, NEW JERSEY 07102
STATEMENT OF ASSETS, LIABILITIES. SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 1984
ASSETS
Bonds (Amortized value) ."".",."",.,...".", $9.841.634
Common Stocks (Market value) , , , , , , , . , . , , , ' , , , . ' , . , 503,993
Mortgage Loans on Real Estate , , . , . . , . , . . . , . . , . , . , , , 154,140
Real Estate , , . , , , , , , , , , . , , , , . , , , , , . , . , ' , ' , ' , . , 78,640
Cash & Bank Deposits , , , , , , , , , , , . , . , , . , . ' . , , ' , , . , 1,030,139
Short Term Investments. , , , , , . , , . . , , . , . , ' , ' . , . , , , , 2.402,609
Unpaid Premiums & Assumed Balances, , , . . . , , , , , , . , , , , 330,782
Reinsurance Recoverable on Loss Payments, , . , , , , , , , , , , , 571,841
Federal Income Tax Recoverable, , , , , , , . , , , , , , , , . , . , , 210,000
Electronic Data Processing Equipment ,,' , , . , , , , , , , , , , , 229,919
Interest & Dividends Due and Accrued. , , , , , , . , . . , , ' , , , 421.212
Funds Held in Escrow Accounts, , , . , , , , , , , . , . , ' , , . , , 1,623,954
Collateral Funds Held Under Contract. , , . , . , , , , , , , , . , . (1,623.954)
Contract Balances Due and Unpaid """",."""." 47,782
Due from Essex Bonding Agency, Inc, .".",.""."., 12.437
TOTAL ASSETS, , , , , . , . , ., , , . , , . , , ' . , , , , . $15,835.128
LIABILITIES, SURPLUS & OTHER FUNDS
Losses (Reported losses net as to reinsurance ceded and
incurred but not reported losses) , , , , , , , , , , , , , , , , . , , , $5,551,620
Loss Adjustments Expenses """",.""."",.", 1,665,583
Contingent Commissions & Other Similar Charges, , , , , . . , . , 58,715
Other Expenses (Excluding taxes, licenses and fees) ".,'." 98,822
Taxes, Ucenses & Fees (Excluding Federal Income Tax) . , , , . 143,856
Unearned Premiums ..",.""".",..,.,.".,.,. 3.979,284
Funds Held by Company Under Reinsurance Treaties ' , . , . , , 50,000
Accounts Withheld by Company for Accoun, f Others, . , , , , 97,270
Uability for Unauthorized Reinsurance """""",." 29,389
TOTAL LIABILITIES. . , , , , . . , , .. . , , .., , , , . , . $1\,674,539
Capital Paid.Up '".""."""...,.,.".""... \'004,150
Gross Paid-in & Contributed Surplus ,.""""."".,. 380.450
Unassigned Funds (Surplus) , , . , , . . . , , , , , . , . . , . , , , , , 2,775,989
Surplus as Regards Policyholders ' , . , . , , , , , , , . 4,160,589
TOTAL LIABILITIES, SURPLUS & OTHER FUNDS. . $15,835,128
I, PHILIP KONVITZ, President of International Fidelity Insurance Company, certify that the foregoing is a fair
statement of Assets, Liabilities, Surplus and Other Funds of this Company at tbe close of business, December 31,
1984 as reflected by its books and records and as reported in its statement on file with the In9urance Department
of the State of New Jersey.
IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of
the Company this 28th day February, 1985
INTERNATIONAL FIDELITY INSURANCE COMPANY
0JfJb01 *4
Presiden t
,
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TEL. (201) 624-7200
POWER OF ATTORNEY
International Fidelity Insurance Company
HOME OFFICE: 24 COMMERCE STREET
NEW ARK, NEW JERSEY 07102
BOND NO.
KNOW ALL MEN BY THESE PRESENTS: That International Fidelity Insurance"Company, a corporation organized and existing under the
1a\VS of the State of New J~ey, and having its principal office in the City of Newark, New Jersey, d"e5 hereby constitute and appoint
R.D. Reuter, Joseph M. Steinberg, Peter J.Acquavella, .Geraldine Hoffman, RobertA. Hattauer
Lynbrook, N.Y.
its true and lawful attomey(s}-in-fact to execute, seal and deliver for and on its behalf as surety. any and all bonds arid undertakings, contracts
indemnity and other writings obligatory in the nature hereof, which are or may be allowed, required or permitted by law. statute, role, regulation,
contract or otherwise, and the execution of such instnlment(s) in pursuance of these presents, shall be as binding upon the said International Fidelity
Insurance Company, as fully and amply. to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office,
. ,; ,. . ..-.:. .'. ,.." .....
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority cf Article 2, - Section 3, of the By~
Laws adopted by the board of Duectors of International Fidelity Inshrance Com~.:....y <it <i ii'ic.;:Lg ...'~'~J ~..d h:h~ <:::1 the ::!3rd d:lj-" ~f De"'...e:n':ler.! 96!L
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have pow~r and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such Attorney-in~fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board ~f Directors of said Company adopted at a
meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt: .
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in
the future with respect to any bond or undertaking to which it is attached. '
IN TESTIMONY WHEREOF, International Fidelity InsuranceCompany has caused this instrument to be signed and
its corporate seal to be affixed by its authorized officer, this 1st.
day of May
A.D. 1982
Executive Vice President
STATE OF NEW JERSEY
County of Essex
On this 1st. day of May 1982., before me came the individual who executed the preceding instrument, to me personally
known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by
orde~ of the B_oard of Directors of said Company.
,,""'" /
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,\.,,~ ~.,_... '.;~J9\ IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my OffiCIal Seal.. ./ ~.
/~.... T ".1>' it the City of Newark, Nev. Jersey the day and year frrst above wntten, . / /~
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"'_~<<"'" ...~~ .,/ My Commission Expires April 14, 1988
..,.,!.~,.,~~,~;.,"" CERTIFICATION
I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By.Laws of said Company as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the
ssid originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
30th January
IN TESTIMONY WHEREOF, I have hereunto set my hand this . day of
I9 86
Assistant Secretary
OFFICE
"
FRANCIS J. MURPHY
SUPERVISOR
MAIN ROAO
SOUTHOLD, L.t., N,Y. 11971
TELEPHONE
(516) 765.1800
(516) 765-1939
June 20, 1986
Mr. Robert Tasker
425 Main Street
Greenport, New York 11944
Re: Ferran Concrete Co., Inc.
Southold Scavanger Waste
Treatment Facility
Dear Mr. Tasker:
Enclosed please find a letter from Egidio Ferrante,
President of Ferran Concrete Co., Inc, dated June 171, 1986.
The above referenced letter is in regards to Ferran
Concrete compliance with the MBE/WBE compliance. Please
reply to Mr. Ferran, with a copy to me. Thank you.
FJM:cjh
Enc.
CC: Southold Town Board
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7~ ~ ~" 11U,
,
93 ALLEN BLVD.
FARMINGDALE. N. Y. 1T735
AREA CODE 515 - 249-4975
AREA CODE 516 - 249-5737
June 17, 1986
~ ,-I 9 .,:,.c.::s
The Honorable Francis J. Murphy
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment
Facility - Southold, New York
Contract No. 1 - General Construction
and Mechanical Work
C-36-1l20 (SOHT 83-02)
Dear Supervisor Murphy,
We are writing in regard to the withholding by the Town of
Southold of the payment of $234,094.24, which represents
12% of the contract price on the above project. This money
is being withheld for the alleged non-compliance of ~erran
Concrete Co., Inc. to attain the goals set for Minority
Business participation as set forth in the contract.
We are in receipt of a copy of a letter from Daniel A. Gosto
of the New York State Department of Enviromental Conversation,
dated April 11, 1986 addressed to Supervisor, Town of Southold
containing a list of comments which, we assume provides the
basis for imposing this severe financial hardship on Ferran
Concrete Co., Inc..
In response to the specific items addressed to this contractor
we offer the following observations:
1) We have given your office cancelled checks to D.A.R.
Contracting of $109,050.00 and $62,950.00, totalling
$172,000.00, and to Joseph Crenshaw of $28,000.00 for
a grand total of $200,000.00, more than 10% of our
contract.
(Continued next page)
The Honorable Francis J. Murphy
Supervisor
Town of Southold
Page 2
2) Joseph Crenshaw may not be registered and/or certified
with New York State as an MBE firm, since he apparently
chooses not to so register. There is no denying however,
that he is a Black American or that he is a contractor,
both of which facts you are able to certify.
3) & 4) Regarding a breakdown of D.A.R.'s contract in labor,
material, and equipment including invoices and purchase
orders, we can find no justification in the contract for
imposing this condition. We have a lump sum contract
with D.A.R. Contracting. They purchased and installed
whatever material and equipment that was part of their
contract, and it is paid for and now part of your
Treatment Plant.
5) The MBE contract has not been reduced as we have explained
in Item No.1.
6) We tried very hard to fulfill the 2% WBE goal, but Dur
negotiations with the only WBE that we could locate for
this job fell through, and we were unable to consummate
a contract.
You surely must realize that the nature and location of this
project which is already divided into four (4) prime contracts,
severly limits the number of MBE's available.
We submit that we have made more than a reasonable effort to
achieve the goals allotted to this job, and that in fact we
have to a great degree achieved that goal.
In general we feel that if the purpose of the regulation is to
provide an opportunity for minority business in the area to
participate in federally funded projects, then we have fully
complied with the spirit, as well as the letter of tpe law.
(Continued next page)
I
,
The Honoragle Francis J. Murphy
Supervisor
Town of Southold
"
Page 3
It cannot be considered constructive social policy to apply
such harmful sanctions to a contractor who has done everything
possible to fulfill his contract obligations in every regard.
We respectfully request the immediate release of any and all
payments which are being withheld for the reasons discussed
in this letter.
Very truly yours,
FERRAN CONCRETE CO., INC.
~~.~~
r E'gidio Ferrante
President
EF:km
cc: J.C. McMahon - Community Development Office
Town of Southold
I. Hyams - Ira L. Hyams, P.C.
L. Murdock - Ferran
Il~
HOLZMACHER, McLENDON and MURRELL, P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
-----_..._--~----
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516-752,9060
June 9, 1986
REaJvEo
JUN 1 81986
T_ o...Ir ~
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
SOHT 83-02
Dear Mr. Murdock:
The Town of Southo1d is in receipt of the Notice of Cancellation
of your General Liability Insurance Policy on the above referenced
project.
Please note that, since you have not completed your contract, your
General Liability Insurance should be renewed for the time period
required by your forces to complete all items on the punch list.
Your current policy terminates on June 12, 1986; therefore, we
request that you renew your insurance policy prior to that date.
If you have any questions concerning the above, please contact our
office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~$'. <J~
George W. Desmarais, P.E.
GWD:mad
cc: Supervisor Francis J. Murphy
~bert W. Tasker, Esq.
/Judi th T. Terry
loAe!vllle, Ne.... York. Farmil1gda1e, Ne.. Y:lri\ . Rlye'heac!, NeY<' York. Fairfield, NeW\' Jar,",)'
~~.
h{;f'
tA' OWNER'S AND CONTRACTOR'S
OF
r;- A~qe-~~
(j . /-/.2 /11
h IP!f? yr-
NOTICE OF CANCElLATION OR NONRENEWAl
(N,wVorl<)
PROTECTIVE LIABILITY
POLICY NO.
(HOUR-STAND,t,ffO TIME l
OCP 3178290-01
NAME AND . Tmm AND JOR TOWN BOARD, TOWN OF SOUTHHOLD
ADDRESS . &/OR HOLZMACHER, MCLENDON, & i~URRELL, PC
OF INSURED. TOWN HALL
SOUTHOLD, NEW lORK 11971
INSURANCE
COMPANY
CANCEL.
UTION
NON.
RENEWAL
I 0
cv
ANCELLATION OR TERMINATION Will TAKE EFFECT AT,
DATE OF MAILING
ISSUED THROUGH AGENCY OR OFFICE AT:
RD., HUNTINGTON STA., N. Y. 11746
SELECT PLANNING 60-601
IDATEl
12:01
5-29-86
6-12-86
Jrllt~7:T-~?~ ~ ~
r ...;.
ZURICH INS. CO.
:11
! i MAY 3 0 !2?S
,t.:~i '. ;
TC~'":"':-~v_~ ._ -/ I
. ..... \....,- '. ...' '-". . .
"--- . '--'--"~~i;..-..'~...) ;
CONTRAe'fBfW
JOB
FERRAN CONCRETE CO. ,INC.
93 ALLEN BLVD.
FARMINGDALE, N.Y. 11735
- SOUTHHOLD SCAVENGER WASTE
TREATMENT FACILITY,GREENPORT,NY
(Applicable item martced IElI
o You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the hour
and date mentioned above.
If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective.
If the premium has not been paid, a bill for the premium earned to the time of cancellation will be forwarded in due course,
D You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance with New York law, that your insurance
will cease at and from the hour and date mentioned above.
If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective.
If the premium has not been paid, a bill for the premium earned to the time of cancellation will be forwarded in due course.
Reason(s) for cancellation. See statutory reason(s) designated by Code No(s)._on the reverse side hereof.
Reason(sl for cancellation other than statutory reason(sl:_._ --
If cancellation is due to nonpayment of premium, the amount of premium due is $
IF THIS CANCELLATION IS DUE TO NONPAYMENT OF PREMIUM AND YOU HAVE ALREADY MADE PAYMENT OF PREMIUM DUE DR WILL MAKE PAYMENT WITHIN
15 DAYS AFTER THE MAILING OF THIS NOTICE, PLEASE CONTACT THIS COMPANY OR YOUR AGENT OR BROKER IMMEDIATELY_ ISection 3425 of the New
York Insurance law states that "nonpayment of premium" means the failure of the named insured to discharge any obligation in connection with the
payment of premiums on a policy of insurance or any installment of such premium, whether the premium is payable directly to the insurer or its agent
or indirectly under any premium finance plan or extension of credit. The law further provides that payment to the insurer, or to an agent or broker authorized
to receive such payment, shall be timely if made within 15 days after the mailing to the insured of a notice of cancellation for nonpayment of premium.)
~ You are hereby notified in accordance with New York law that the above mentioned policy will expire effective at and from the hour and date mentioned
above and the policy will NOT be renewed.
Reason(s) for nonrenewal: UNOERHRITING
IMPORTANT D Consumer Report: Pursuant to fair credit reporting laws, you are informed that the above action, is taken wholly or partly because of information coo-
NOTICE tained in a consumer report, copy of which you may inspect and receive by contacting the followmg consumer reporting agency:
(..CCRESS)
/J~J i~
DOUGLAS J. HERSHBERGER
Aut'horli'ed-Re-;;resentative'--
!N.....EJ
GU6970g(Ed,5-85)
SEE REVERSE SIDE FOR IMPORTANT INFORMATION
@1983
""'~::~~:~,~
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RICEMD
JUN 4 _
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250 . (718) 895-5550
322 Park Avenue
Scotch Plains, New Jersey 07076
(201) 322-6821
Bonds and Insurance
June 2, 1986
I Town of Southold and/or Town Board 'l
Town Hall
53095 Main Street
Southold, New York
T.... a..-. -'11" . r
L ~
Re: Southold Scavenger Waste Project, Contract #3, Plumbing C36-1120 SOTH 83-02
~ On behalf of our client: James McCullagh Company, Inc.
Enclosed please find:
~ Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
o Builder's Risk Binder(s) Policy
o Endorsement amending policy as shown below (see remarks)
o Please refer to remarks section below,
o Enclosed please find items indicated above, in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records),
o REMARKS:
Very truly yours,
James McCullagh Co., Inc.
ALLIED covr-CORPORA TlON
cc:
, , ",
~ CERTIFICATE OF INSURANCE
PRODUCER
THIS CERTIACATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMENO,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Allied Coverage Corp.
165 Roslyn Read
Roslyn Heights, New York 11577
James McCullagh Company, Inc.
75 East Bethpage Road
Plainview, New York 11803
INSURED
COMPANIES AFFORDING COVERAGE
or ern nsurance ompany
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
e a nsurance
pany
~surance ompany
o.
COVERAGES
THIS IS TO CERTIFY THAT POLtclES OF INSURANCE lISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERlOOINDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY.
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH POLICtES,
CO
LTR
TYPE OF INSURANCE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTs/COMPLETED OPERATIONS
CONTRACTUAl
INDEPENDENT CONTRACTORS
BROAD fORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOSlLE LIABILITY
B X ANY AUTO
ALL OWNED AUTOS (PRIV PASS.)
AlL OWNED AUTOS (~~~JRpl~N)
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
B X UMBRELLA fORM
OTHER THAN UMBRELLA FORM
C
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDIVY)
LIABILITY LIMITS IN THOUSANDS
OCC5~~~NCE AGGREGATE
POLICY EXPlRA liON
DATE (MMIOOIYYI
MP 3521-71-26 5/31/86
BODilY
INJURY
$
$
5/31/87
PROPERTY
DAMAGE
$
$
I
$ I, 000 $
BI & PO
COMBINED
1,00 _
PERSONAL INJURY $ I, 000
BAP (87) 7305-86-96 5/31/86
5/31/87
""LV
IN.lJRY
(PERPEflSON) $
""LY
INJURY
(PER ACCIDENT) $
PROPERTY
DAMAGE $
BI & PO 1 000
COMBINED $ ,
7961 21 44
5/31/86
5/31/87
7021 53 91
(EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
(DISEASE-EACH EMPLOYEE)
5/31/86
5/31/87
Until
D N.Y.S. Disability DBL 152594 5/31/86 Cancelled Statutory
OESCRIPTION OF OPERATlONSlLOCATIONSNEHICLESlSPECIAL ITEMS As respects to all operations performed by lor for
;James McCullagh Co., Inc. in connection with Southold Scavenger Waste Project, Contract #3
':Iumbing C36-112~, SOTH 83-02. Included as Additional InsureCIs: Town of Southold &/or To
of Southold and lor
Hall
53095 Main Street
Southold, New York
~'I;':lT ::l~ ~~'~"'1
SHOULD ANY OF THE ABOVE DESCRIBED POUCfES BE CANCELLED BEFORE THE EX~
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
IIAIL 110:: DAYS WRITT~ IjO ICE TO HE IFlCATE HOLDER NAMED TO THE
LEFT, B\M' F TO NO IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KI U NY IT A TS OR PRESENTATIVES.
AUTHORI
I'~'~~'~' ,=,~~,~~."" "~~
'.,
Officers
MLLage 0/ .9reenport
UTILITY OFFICE TEL.
(516) 477.1748
MAYOR
GEORGE W. HUBBARD
TRUSTEES
JEANNE M. COOPER
GAil F. HORTON
DAVID E. KAPELL
WILLIAM H. L1EBlEIN
tNCOIll..O""TI:D '.31.
NEW INCO"_"IIlTION "".'L 1. ,...
JI[-INCO","O".TION UNO[" Ct:rrn:"AL LAW M.., 2., ,...
POWER PLANT TEL.
(516) 477-0172
svrr, OF I.TI1U1'IES
JAMES I. MONSEll
t.. '">.
/Ji".. ;.~ij.~
.... "",",.~. ;;..,..
\__~,.., 'VI1'
.-.......
"
....,r,'l
i';lll
,,, ,,,,
oJ
236 THI RD STREET
GREENPORT, SUFFOLK COUNTY
NEW YORK 11944
~ .-" "' .
~~'~~:~~~-'~~--'~~~~
May 21, 1986
Mr. Warren Olsen
Building Inspector
Village of Greenport
236 Thi rd SI r'pet
Greenport, NI'w York 11944
Dear Mr. Ol',l'n:
Attactlp(j is a lE'tter from our Consulting EnglnE'E'r and also
other documE'nts which will supply you with the necessary information
to allow you to issue a Certificate of Occupancy for the Southold
Scayenger Waste Treatment Facility.
If I can be of further service, please call.
Very truly yours,
~rO
ym
James I. Mansell
Superintendent of Public Utilities
JIM:nr
Ene.
cc: Mayor George W. Hubbard
Supervisor Francis J. Murphy
All Village Trustees
John Munzel, Village Attorney
Orig.
,
Copies
~/41(~~
7
rid'!,. D:~2
File
"'-II ~
j~~ ',' l~ [
r-A I;.-J
1
I
"
HOLZMACHER, McLENDON and MURRELL, P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516,752.9060
April 24, 1986
Mr. James I. Mansell
Superintendent of Utilities
Inc. Village of Greenport
236 Third Street
Greenport, New York 11944
Re: Southold Scavenger Wast<- 'I'reatment Facility
Certificate of Occupancy
C36-1120-03 (SOHT 83-02)
Dear Mr. Mansell:
It is my IIndo>rlll,tndinq th,,1 "h" "ener;ll ''''ilt, ,H'I IIr (Ferran ConcretE'
Co., Inc.) 1,,"1 'lJ'plied 111 ,,'" VllliHjP rill' " "0>,1 1 1'1 ",l\:e of Occupancy
on the ahC1VfI 1"1' I f' I.on(~(!d 1'1'1) jcc t .
As disC'IIIII"..1 111 Ollr phllllo> convl-rsat.lolI 1 IId,IV, I h"VO enclosed a copy
of the 111'"'' ,,,,'Il,1I 11IIIII'h list (April 24, 1'lItrd I lid" has been forwdrcled
to the '-III1II-acLor for his completion of the work. The project has
been considered "substantially complete" as of December 13, 1985.
All mechanical equipment has been installed and operational as of
the substantial completion date. In addition, construction of the
buildings has been completed. The items on the punch list are con-
sidered maintenance/replacement or aesthetic items that must be com-
pleted by the contractor, but should not affect the issuance of a
Certificate of Occupancy for the project.
'Based on a final inspection of the project, and to the best of our
knowledge and belief, we find it to be completed in substantial con-
formance with the Contract Documents, and recommend that a Certifi-
cate of Occupancy be issued to the contractor.
Should you have any questions, please contact our office.
Very truly yours,
,
HOLZMACHER, McLENDON & MURRELL, P.C.
~U,;(l~
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Mr. Lloyd Murdock
MelVille. New York' Farmingdale. Np-w York. Riverhead, New York. Fairlleld. New Jersey
Il~
HOi:ZMA'CHER:-MCLENDON-;";dMliRRELLp.C' CONSULTING ENGIN'EE'RS~ENVIRONMENl'AU~a8oJTISTS and PLANNERS
______________ ----____._0_" __ ___._... __ ___n..____________ __._____._.____._________.,_._
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516.752.9060
April 24, 1986
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Mr. Murdock:
The followIng Items are IIt.ill to be roplllrnll/t.."I'lCed/installed/
provided r(lr t he above referenced pro:loC'l. '1'11"." items, consti-
tuting III.. "l'lIll1'h lilll", were initially brllllljlll In your attention
in my Do('olllh",. 2], 1<)05 correspondenC'o to Y"llr olrice.
1) Brush off asphalt roadway at south side of open sludge drying
bed.
2)
The site has been reseeded in the
has grown must receive an initial
will be made in a month as to the
operations.
bare areas.
cutting. A
adequacy of
The grass that
determination
the reseeding
3) Repair damaged asphalt pavement at the following locations:
a) front entrance to covered sludge drying bed
b) digester building roadway at northwest corner of ferric
chloride storage vault
c) digester building roadway across from north door
d) digester building roadway across from ferric chloride
storage vault
4) Provide performance guarantee and maintenance bond for rotating
biological disc units, as detailed in the design specifications.
5) Provide Certificate of Occupancy from the Inc. Village of Green-
port Building Department.
...".1.,;1.. "<t'w York. J:~"",'''O~JI!'. N(>w york. R'Vf'rhl!8d N~... YO'k - Fa"held. New Jefsey
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
April 24, 198fi
Page Two
I
I
ItZ"
6) Provide spare parts as detailed in my October 4, 1985 letter
to your office. The sp~re parts still to be provided are as
follows:
a) toolbox fitted with a lock
b) two (2) diffusers for equalization tanks
c) two (2) sets of wear rings, two (2) shaft sleeves, one
(1) set of radial bearings, one (1) set of thrust bear-
ings, and six (6) sets of packing for all pumps (submer-
sible and non-submersible) and blowers supplied (if ap-
plicable)
7) Provide manufacturer's field visits as detailed in my December
11, 1985 letter to your office. Arrange with Ralph B. Carter
Co. and BIF to visit the site for startup and testing as soon
as possible.
The following Items reql1lr.. tII,lIntcnIlIlCf'/rnl'l/ll'f.m"nt due to malfunc
tion sir"," Inlllal startlll' 01 tl,,~ pl<lllt, /Il1d WI"" brought to yon,
attentioll III "'V rebrllnl'V 11, 1996 Crlll"HI">Il'ltlll"U t" your officIO:
8 )
Rel','11 I" " I.....k
nllA' ql I' ,11,1m),pr
III qrit chamber tnltlll II"
!lInt ur.
II ,.It IlI1,mt bui1din'J
9) Rel'llll'o stators f or two pumps in sludge / scum well.
10) Install electrode for waste gas burner of digester gas system.
11) Repair oil leak on north drive unit for rotating biological disc.
The following items require maintenance based on initial operation of
the plant:
12) Install fuel filter on heater/heat exchanger fuel feed line.
13) Adjust telescopic valve on primary cl'arifier sludge line for
proper operation.
It is essential that the punch list items be completed immediately.
Please keep our office informed on the progress of completing the
punch list items. If any questions arise, please contact our offic~.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~rU,~~
George W. Desmarais, P.E.
GWD:mad
cc: Supervisor Francis J. Murphy
~.
JliDlTlI T TERRY
TOWN CLFRK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box J 179
SouthoJd, New York I J 971
TELEPHONE
(516) 765-18Ul
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 8, 1986
I
I
I
I
I
I
I
I
George W. Desmarais, P.E.
Holzmacher, McLendon & Murrell, P. C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
Contract No.2: Heating, Ventilation & Air Conditioning
C36-1120-03 (SOHT 83-02)
Dear George:
Thank you for sending the certification with respect to Inter-
national Fidelity Insurance Company being licensed to do business
in the State of New York.
The Town Board approved and accepted the Maintenance Bond
provided by Valentine Heating & Air Conditioning, Inc. for the
Heating, Ventilation & Air Conditioning Contract No.2, Southold
Scavenger Waste Treatment Facility.
Very truly yours,
*d~
Judith T. Terry
Southold Town Clerk
;i
11
HOLZMACHER, McLENDON and MURRELL, P,C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752-9060
May 7, 1986
RraMD
MAY 81986
T_ 0... ~o/'" IlJ
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.2: Heating, Ventilation & Air Conditioning
C36-1l20-03 (SOHT 83-02)
Dear Ms. Terry:
Enclosed please find one (1) copy of a certification forwarded
to our office by Valentine Heating & Air Conditioning, Inc. for
the HVAC maintenance bond on the above referenced project. This
submittal certifies that the surety company retained by Valentine
is authorized to do business in the State of New York. This
certification should be reviewed by the Town Attorney for approval.
If any questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
Atr#. ~~.
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Mr. Richard Pagani
Melville, New York. Farmingdale, New York. Rlverhead, New York. Fairfield, New Jersey
~~ 57 (9/81) 10M
STATE OF NEW YORK
.
;/
3Jn~urance j!\epartment
m!Jtttall it appears thai;
INTERNATIONAL FIDELITY INSURANCE COMPANY
Home Office A<Uress
Newark. New Jersey
Organized u.nder the Laws of the State of
New Jersey
has complied. with the necessary requiremenls of or pursuant to law, it is hereby licensed to do within
thisStatethebu.sinessof fidelity and surety insurance. as specified in
paragraph 16 of Section 1113 of the New York Insurance Law, to the
extent permitted by certified copy of its charter document on file in
this Department.
.
./
until July I, 19 86.
.lln ~itntllll ~trtot, I have hereunto set my ha".l and
affixed the official seal of this Department in dupli.
cate, at the City of Albany, this first
day of July 19 85.
JAMES P. CORCORAN
Supuinundent 0/ ';.JUTance.
Br
,
" .
./'
J ~<J, or
.
(784 )
Depuq Supenllkndent.
".
/<' -
IE TITLE USA Insurance Corporation of New Yo-rk
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/~7, '. /
/;7( ! ?/":,/.
,<>' .__//,:7' -J
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.t;ff"",,: ~ d.: &~;;'''''rvf.A4
t,\ d
,',..::-,- $
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0:, <-/ . i ~7'~~<"':"1
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NEW YORK STATE OFFICES
ALBANY 518472 9161 ROCKLAND
NASSAU 516 354 8500 "
7183472010 SUFFOLK
NEW YORK 2127329760
QUEENS 7187394001 WESTCHESTER
9146343612
2122921528
5167274140
2129621445
9149484040
2128240404
Adv,l (12/85)
HOLZMACHER, McLENDON and MURRELL, P.C,' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y. 11747' 516.752.9060
~wm
March 26, 1986
MAR 27 1986
...... ~ - 1'11111
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.2: Heating, Ventilation & Air Conditioning
C36-1120-03 (SOHT 83-02)
Dear Ms. Terry:
Enclosed please find one (1) copy of the Maintenance Bond pro-
vided by Valentine Heating & Air Conditioning, Inc. for the HVAC
work on the above referenced project. This Maintenance Bond
should be reviewed by the Town Attorney for conformance to the
Contract documents.
If any questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~~,~~
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Melville, New York. Farmingdale, New York. Riverhead, New York. Fairfield. New Jersey
BOND NO. 0527,!;0
~ F\DELlTY
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24 COMMERCE STREET
INSUll4
"'C/t
CO~,t,
"9~,..
NEWARK, N. .J. 0-/102.
Bond No. 052790
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WE, Valentine Heating & Air Conditioning Corp.,
P.O. Box A U, Miller Place, New York 11764 as Principal,
and INTERNATIONAL FIDELITY INSURANCE CGlPANY, a New Jersey Corporation of
24 COlllllerce Street, Newark, New Jersey, license<t-'to do business in the State
of New Jersey and - , as Surety, are held and firmly bound unto
the Town of Southold, Southold, New York as Obligee,
in the full and just sum of Nineteen Thousand Five Hundred Sixty-five and 00/100
Dollars ($19,565.00)------------ DOLLARS lawful money of the United States of
America to the payment of which sum. well and truly to be made, the Principal
and the Surety bind themselves, their successors and assigns, jointly and
severally. firmly by these presents.
SIGNED, SEALED AND DAIED THIS March 3, 1986
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Principal entered
into a contract with the Obligee for HVAC work for construction of Scavenger Waste
Treatment Facility, Southold, New York
AND WHEREAS, the Obligee requires a guarantee from the Principal against
defective materials and worlananship in connection with said HVAC work for
construction of Scavenger Waste Treatment Facility, Southold, New York
NOW, THEREFORE, if the Principal shall make any repairs or replacements which
may become necessary during the period of One (1) year effective March 3, 1986
because of defective msterials or workmanship
in connection with said contract of which defectiveness the Obligee shall give
the principal and Surety written notice within (15) fifteen days after. discovery
thereof, then this obligation shall be void; otherwise it shall be in full
force and effect.
All suits at law or proceedings in equity to recover on this bond must be
instituted within twelve (12) months after the expiration of the maintenance
period provided for herein.
Witness
Air Conditionin Corp.
INTERNATIONAL FIDELITY INSURANCE COMPANY
Witness
~7,(f#
Attorney . t
V Gail F. Duff
11-79
3m
<I,
TEL, (201) 624-7200
p,- WER OF ATTORNEY
International Fidelity Insurance Company
HOME OFFlCE: Zt COMMERCE STREET
NEWARK. NEW JERSEY 0'1102
,
BOND NO,
KNOW ALL MEN BY THESE PRESENTS: That International Fidelity lnauranee Company. a corporation orpnized and ..iatin. under the
laws of the State of New Jersey. and havina its principal offiCe in the Qty of Newark, New Jersey, does hereby constitute and appoint
Johu T. Oethelaer, Gailllllffy, Johu Rettis, lturt Oathelaer
ayea R.Y.
its true and lawful attorney(s)-jn-fact to execute, leal and deliver for and on its behalf as surety. any and aD bonds and undertaJtiDaa. contracta of
indemnity and other writings obliptory in the nature hereof, which are or may be allowed, required or permitted by law, statute, rule, repJation.
contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said International Fidelity
Insurance Company. as fully and amply. to all intents and purposes, as if the same had- been duly executed and acknowledged by its reauIarly elected
offICers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 2, - Section 3, of the By.
Laws adopted by the Board of Directors of International Fideli,Jy Insurance Company at a meeting called and held on the 23rd day of December, 1968~
The President or any Vice President, ExecutiVe Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) . To remove, at any time, any such Attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is sicned and sealed by facsimile pursuant to resolution of the Board ~f Directors of said Company adopted at-a
meetin, duly called and held on the 4th day of February, 1975 of which the foUowin, is a true excerpt: -
/
Now therefore the sianatures of such officers and the seal of the Company may..be affixed to any such power of attorney or any certificate relatina
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindinl Qpon
the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in
the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument to be sianed aDd
its corpoRte seal to be affixed by its authorized officer, this Ist..
day of May
A.D. 1982
Executive Vice President
STATE OF NEW JERSEY
County of Essex
On this 1st. . day of May 1982, before me came the individual who executed the preceding instrument, to me personally
known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company;
that the seal affIXed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by
order of the ~oard of Directors of said Company.
ll.j..'u"..... . /
.......~,. #I'....'.. ./"
...., ~.",..."..1>9"" IN TESTIMONY WHEREOF. I have hereunto set my hand and affIXed my Official seal.. 7' ~
/ ~ ..' "."'P \ at the City of Newark, New Jersey the day and year rust above. written. . c/ /~
t,/"OTA"r':.~\ // ,G 0
~ . !\J> ""'"' \ oj D<??-1'- v W4't'#
:, Uell..\C..'.. i ' Notary Public .
\;f-~...,.......".~4.../ My Commission Expires April 14. 1988
"', '" fEn'!.""...
..!.....,~~.~~.~;.,..~. CERTIFICATION
I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By. Laws of said Company as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME l>FFICE OF SAID COMPANY. and that the same are correct transcripts thereof. and of the whole of tile
said originals, and that the said Power <?f Attorney haS not been r~voked an.d is DOW in'fuUforce and effect.
IN TESTIMONY WHEREOF. I have hereunto set my hand this 3rd day of
March
1986
Assistant Secretary
INTERNATANAL FIDELITY INSURANCJW;OMP ANY
Z4 _MERCE ST., NEWARK, NEW JERSEY_
STATEMENT OF' ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT JUNE 30.1984
ASSETS
Bonds (Amortized value) " , , , ' , . . , . , , . , , , . , , , . . , .
Common Stocks (Market value) . . , . , . , . , . , . , . , . , . , , . ,
Mortgage Loans on R"al Estate , , . , , , , . . . . . , . , , , . , , , .
Real Estate .' , , , . , , , , , , . , , , . , . , , , , . . . , , , , , , , , ,
Cash & Bank Deposits , , . , ' , . , , , , , , , , , . . . . . , , , , . . ,
Short Term Investments. . . . . . . . . . . . . . . . . . . . . . . . . . .
Unpaid Premiums & Assumed Balances. . . . . . . . . . . . . . . . .
Reinsurance Recovewble on Loss Payments. . . . . . . . . . . . . .
Interest & Dividends Due and Accrued . , . , . , , , , , , , . , , . ,
Funds Held in Escrow Accounts . . . . . . . . . . . . . . . . . . . . .
Collateral Funds Held Under Contract """,."., , ' , , ,
Contract Balances Due & Unpaid. , , , , . . . . , . . , , , , . , , , ,
Due from Essex Bonding Agency. Inc. ...... . . . . . . . . . . .
Equities and Deposits in Pools and Associations . . . . . . . . . . .
$ 9,127,347
427,117
155,411
84,470
1,192,129
1,851,934
534,923
425,394
346,865
1,709,038
(1,709,038)
99,748
12,437
4
TOTAL ASSETS "".",..",."...".,.". .$14,257,779
LIABILITiES, SURPLUS & OTHER FUNDS
Losses (Reported lossl~s net as to reinsurance ceded and
incurred but not reported losses) . . . . . , . . . . . . . . . . . . . .
Loss Adjustments Expenses, , , , . , . , . , , , . , , , , , , , , , , , ,
Contingent Commissions & Other Similar Charges, , , , , , , , , ,
Other Expenses (Excluding taxes, licenses and fees) .""",
Taxes, Ucenses & Fees (Excluding Federal Income Tax) , , , , ,
Federal Income Taxes , . , , , . , , . , . , . , . , , . , , , . , . . , , .
Unearned Premiums .............................
Funds Held by Company Under Reinsurance Treaties . , , , . . ,
Accounts Withheld by Company for Account of Others, , . , , ,
Uability for Unautholized Reinsurance ,', , , , , , , . , . . . , , , .
$ 5,377,895
1,618,334
26,541
75.190
62,549
22,000
3,109,315
50.000
7.618
24.156
TOTAL LIABILITIES, . , , , , . , , , , . . . , , . , . . . , , . .$10.373,598
Capital Paid. up , .. . . , . . , , , , , , , . . , , , . , . . . . . . . . , , .
Gross Paid.in & Contributed Surplus "",.,.,..'..,'.,
Unassigned Funds (Surplus) . , , , . , , , , . , , , , , , , . , . , , , .
Surplus as Regards Policyholders . , , . , , . . , , . . . , , , , ,
1,004,150
380,450
2,499,581
3,884,181
TOTAL LIABILITiES, SURPLUS & OTHER FUNDS. , , ,$14,257,779
I, PHILIP KONVITZ, President of International Fidelity Insurance Company, certify that the foregoing is a fair
statement of Assets, Uabilities, Surplus and Other Funds of this Company at the close of business, June 30, 1984
as reflected by its books and records and as reported in its statement on file with the Insurance Department of
the State of New Jersey,
IN TESTiMONY WHEREOF, I have set my hand and affixed the seal of
the Company this 31st. day Aug" 1984
INTERNATIONAL FIDEUTY INSURANCE COMPANY
(f3U21 *, .~
President
:itate ot
155.
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.... County.of
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On this
day of
,19_. before me personally came
to me known,
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed
the same.
My commission expires
Notary Publ ic
---------------------------------------------------------------------
State of
County of
} 55.
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On this
day of
,19_. before me personally came
to me known and known to me
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the
act and deed of said firm.
My commission expires
Notary Publ ic
---------------------------------------------------------------------
State of ()....... j I...( ...,. '^
County of '5> LI ~\ \,.(
j 55_
On this
b+'n
day of
C::<..c:.ho. 0
mrAt',
, 19~, before me personally came
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~ ] who being by me duly sworn, did depose and say that he is the
o c:
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~ of Valentine Heating & Air Conditioning Corp.
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; th.~.t.it ~as ~q"ffixed by order of the Board of Directors of said corporation. and that he signed his
h b I'k N.\N.....'1' \ L........
name t ereto y I e order. NOTARY PUBLIC. Sr~!C ""i Now fo.-l.
~~ ~~~~s~o: ~X~i~e~ _ _ _(~~':~~~:~::;~ ~:: ~~"~'~_~ _ _ _ _ _ _ __ ~~ :N~b;~ ~ _ _ _ __
PCtC40,^"
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. to me known.
s @. ,.. ~ l - -r- ~o..~
State of New York
jss,
County of Westchester
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On this
3rd
day of
March
,1986
. before me personally came
r.8il F. Duffy
to me known, who, being by me duly sworn, did depose and say that
he is an attorney. in-fact of International Fidelity Insurance Company
the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal
affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact
by authority of the Board of Directors of said corporation and by authority of this offiCe under the Standing Resolutions thereof.
NotaryC~~~j~,ASt;~R~?~;WiyOfJ(_ ,;,L ..-:,~-;:,:>.: ~ ~
No, 4756201 .,
My commission expires Q1:laH~eEl ir-l \'o,r"c-t...hocoto... f'~ .
Term Expires March 30, 1 Notary Public
FORM # 13 25M 5/82
'I.
Il~
HOLZMACHER, McLENDON and MURRELL, P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
-.----.--'"-.---
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516-752,9060
---.....
April 24, 1986
APR 25186
Mr. John Valentine
Valentine Heating & Air Conditioning, Inc.
500 Route 25A
Miller Place, New York 11764
T_ttMtr- .If ..
Re: Southold Scavenger Waste Treatment Facility
Contract No.2: Heating, Ventilation & Air Conditioning
C36-ll20-03 (SOHT 83-02)
Dear Mr. Valentine:
The following items are still to be repaired for the above referenced
project. These items, constituting the "punch list", were initially
brought to your attention in my December 27, 1985 and March 7, 1986
letters to your office.
1) The incremental air conditioner unit in the administration room
of the treatment building is not functioning properly. The unit
blows air, but not hot air. After the last time it was adjusted
by your workforce, the unit worked properly for a while, but has
since malfunctioned.
2) The exhaust fan of the gas accessory room in the digester building
is not operating properly. The unit was installed by your work-
force on September 3, 1985, and started up on December 18, 1985,
and immediately did not work properly. After inspection by your
workforce, it was determined that the fan blade had sheared from
the motor shaft. Therefore, the fan blade requires replacement.
In addition, the Town of Southold has informed our office that the
Maintenance Bond previously forwarded by your firm is not approved.
As stated in the Contract Documents (page C-6), the Maintenance Bond
shall be issued by a surety company authorized to do business in the
State of New York. Please provide the required information.
Please see that these items are completed as soon as possible. If
any questions arise concerning the above, please contact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ 6fj, AJ~'
George W. Desmarais, P.E.
GWD:mad ;.(
cc: Supervisor Francis J. Murphy, Judith T. Terry, Richard Pagani
Me1vllie. New York. Farm'''Qdaie New York. Riverhead, New York. Fairlield. New Jersey
FRANCIS J. MURPHY
SUPERVISOR
1
I
i
I
MAIN ROAD
SOUTHOLO, L.I., N.Y, 11971
TELEPHONE
(516) 765.1800
(516) 765-1939
March 18, 1986
Mr. Ira L. Hyams
375 North Broadway
Jericho, New York 1173-2072
Dear Mr. Hyams;
This is to confirm in writing our telephone conversation
today concerning Ferran Concrete Co. I would like just to
remind you that the town is perfectly willing to sit down and
discuss with your client this assessment. I would like to call
to your attention that it was in, the contract and that the town
had no other alternative than to levy this assessment. If
Mr. Ferran feels that through some kind of problem through
coordination or the other parts of the contract that this
is what caused him the delay, again I would suggest that you
two sit down and document all of the information and Southold
Town would be very happy to sit down with you, our attorney,
and our consultanting engineer on the project to see if there
is any real reason for not assessing this fine against his
company.
Thank you for your interest and I am looking forward to
hearing from you.
Sincerely yours,
FJM:btr
IRA L. HYAMS ~C.
ATTORNEYS AT LAW
I:
375 NORTH BROADWAY
JERICHO, NEW YORK 11753-2072
(516) 43S-96OO
March 14, 1986
IRA L. HYAMS
PAUL J. HYAMS.
"ADMITTED NY & N.J
Supervisor Francis
Main Road
Southold, New York
J. Murphy
11971
Re: Southhold Scavenger Waste Treatment Facility General
Construction and Mechanical Work
Dear Supervisor Murphy:
Please be advised that I represent Ferran Concrete Co., Inc.
My client hereby protests the assessment against it of pen-
alties for late completion in the amount of $26,250.00 and
hereby demands an impartial hearing to review the assessment.
Please have your representative contact me as soon as possi-
ble for the purpose of scheduling a hearing and discussing
the conditions under which the hearing is to be held.
Jrul
Ir
ILH/ j c
cc: Mr. Egidio Ferrante
~v
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,
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IRA L. HYAMS PC
ATTORNEYS AT LAW
\7
375 NORTH BROADWAY
JERICHO. NEW YORK 11753-2072
(516) 433-9600
March 14, 1986
IRA L. HYAMS
PAUL J. HYAMS.
'ADMITTED N,Y. & N.J
Supervisor Francis
Main Road
Southold, New York
J. Murphy
11971
Re: Southhold Scavenger Waste Treatment Facility General
Construction and Mechanical Work
Dear Supervisor Murphy:
Please be advised that I represent Ferran Concrete Co., Inc.
My client hereby protests the assessment against it of pen-
alties for late completion in the amount of $26,250.00 and
hereby demands an impartial hearing to review the assessment.
Please have your representative contact me as soon as possi-
ble for the purpose of scheduling a hearing and discussing
the conditions under which the hearing is to be held.
Ir
ILH/jc
cc: Mr. Egidio Ferrante
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.:---
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FRANCIS J. MURPHY
SUPERVISOR
RVISOR
MAIN ROAD
SDUTHOLD, L.I., N.Y. 11971
TELEPHONE
(5161765.1800
(5161765-1939
March 18, 1986
Mr. Ira L. Hyams
375 North Broadway
Jericho, New York 1173-2072
Dear Mr. Hyams;
This is to confirm in writing our telephone conversation
today concerning Ferran Concrete Co. I would like just to
remind you that the town is perfectly willing to sit down and
discuss with your client this assessment. I would like to call
to your attention that it was in, the contract and that the town
had no other alternative than to levy this assessment. If
Mr. Ferran feels that through some kind of problem through
coordination or the other parts of the contract that this
is what caused him the delay, again I would suggest that you
two sit down and document all of the information and Southold
Town would be very happy to sit down with you, our attorney,
and our consultanting engineer on the project to see if there
is any real reason for not assessing this fine against his
company.
Thank you for your interest and I am looking forward to
hearing from you.
Sincerely yours,
FJM:btr
"-
...
~ HOLZMACHER. McLENOON & .RELL. p,C,
!'; i'\',; (.- <
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I/!\(j FEB 181986
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....:.....~-,-----".._"""....~. ...... -
FERRAN CONCHFT~ '".',.
.
.
February 13, 1986
CHANGE ORDER NO. 4
....-...""....."..,
CONTRACT NO.1:
General Construction and Mechanical Work
C36-1120-03
PROJECT:
Southold Scavenger Waste Treatment Facility
CONTRACTOR:
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
C0I1tact: Mr. Lloyd Murdock
(516) 249-4975
OWNER:
T01o/ll of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
H21o!:/Holzmacher, McLendon & Murrell, P.C.
12!3 Baylis Road, Suite 140
Melville, New York 11747
Contact: Mr. George W. Desmarais, P.E.
(516) 752-9060
DESCRIPTION OF CHANGE ORDER
This Change Order entails the following item(s):
A) Installation of three (3) additional redwood baffles for
the rotatin<J biological disc north tank.
B) Installation of additional aluminum grating for the grit
chamber trough in the treatment building.
C) Excavation and removal of unsuitable material; supplying,
placing and compacting bank run gravel for construction
of the asphaltic roadway on the south side of the open
sludge drying beds.
D) Installation of concrete sidewalk at south side of treat-
ment building.
1.
. . ~.
~ HOLZMACHER. McLENDON .RFIELL. p,C,
.
DESCRIPTION OF CHANGE ORDER (CONT'D.)
E) Providing additional asphalt pavement for the widening
of the open sludge drying bed access roadway from six
feet to ten feet.
REASONS FOR MODIFICATIONS
A) The redwood baffles installed in the rotating biological
disc tank are used to provide separate stages within the
tank for biological treatment of the waste, and to pre-
vent hydraulic short circuiting within the tank. The
height of the redwood baffles initially installed was
below the water line within the tank. Therefore, 2-inch
by 6-inch redwood boards were required to be placed at
each of the three baffles within the tank to insure that
the height of the baffles would be above the water line.
B) Aluminum grating was installed over the grit chamber
trough for safety reasons. A handrail could not be pro-
vided based on limited clearance between the plumbing
slop sink and the grit chamber trough wall. Therefore,
the existing aluminum grating for the trough was extended
past the slop sink to meet the existing handrail.
C) A layer of gray brown silty clay was encountered during
excavation for the south roadway of the open sludge dry-
ing beds. The silty clay is inadequate as a base material
for the construction of the asphalt roadway. The silty
clay was located the entire length of the proposed south
roadway. Based on test holes dug at the site, a two-foot
average depth was ordered to be removed by the Engineer,
so that an adequate sub-base could be provided for the
roadway. A bank run gravel base was ordered by the Engi-
neer as backfill material to be used as the sub-base.
D) A concrete sidewalk was installed along the south wall of
the treatment building, from the air blower room door to
the asphalt pavement at the east side of the building.
This was provided as a means of access from the roadway
to the room for equipment deliveries and maintenance.
The 4-footwide by 4-inch deep walkway was in lieu of
the grassed landscaping.
E) The design plans called for a 6-foot wide access roadway
to the open sludge drying beds. The sludge transport
vehicle provided with the project and the standard truck
body width is 8 feet. Therefore, the north and south
access roadways were required to be widened from 6 feet
to 10 feet for ease of access.
2 .
, .
~ HOLZMACHER. McLENDON .RFIELL. P.C,
.
CONTRACTOR'S PROPOSAl"
A) Furnish and install three (3) redwood baffles
for rotating biological disc tank.
Material: Redwood, 2' x 6', 48 LF @ $2/LF
Labor: Carpenter, 2 hours @ $34/hour
Subtotal
10% Overhead
Subtotal
10% Profit
TOTAL ITEM (A)
B) Furnish and install 2" deep aluminum grating
for grit chamber trough (7' x 3.5' = 24.5
sq. ft. )
Materials: Grating, 24.5 SF @ $12.50/SF
Banding, 14 LF @ $1.80/LF
Angles, 3x3x~~, 69 lbs. @ 85~/lb.
$
96.00
68.00
$ 164.00
16.40
$ 180.40,
18.04
$ 198.44
$ 306.25
25.20
58.65
Labor: 2 hours @ $35/hour 70.00
Subtotal $ 460.10
10% Overhead
Subtotal
10% Profit
TOTAL ITEM (B)
C) Excavating unsuitable material for asphalt
roadway base and backfilling with bank run
gravel at contract unit price.
Excavation: 160 cu.yds. @ $3.50/cu.yd.
Backfill: 160 cu.yds. @ $1.50/cu.yd.
Bank Run Gravel: 160 cu.yds. @ $4.25/cu.yd.
TOTAL ITEM (C)
3 .
46.01
$ 506.11
50.61
$ 556.72
$ 560.00
240.00
680.00
$1,480.00
. .
.
~ HOLZMACHER, McLENDON .RRELL. P.C,
.
CONTRACTOR'S PROPOSAL (CONT' D. )
D) Installation of 3,000 psi concrete for
sidewalk along south wall of treatment
building at contract unit price.
$ 650.00
$ 650.00
Total Volume: 2 cu.yds. @ $325/cu.yd.
TOTAL ITEM (D)
E) Additional asphalt pavement for the
widening of the sludge drying bed
access road~7ays from 6' to 10'.
$3,800.00
$3r800.00
200 sq.yds. @ $19/iq.Yd.
TOTAL ITEM liE)
TOTAL NET COST OF CHJ,NGE ORDER NO.4. . . . . . . . . . . $6,685.16
As a result of t:he above change order, the total contract amount
will change from $1,974,340.40 to $1,981,025.56. The Engineer has
reviewed this change, and finds it to be in order.
APPROVAL BY' {~
::1:"pe~;"". Towo
C '~._~_
ENGINEER:,~ d.ld~
March 11, 1986
DATE:
of Southold
DATE:
0~46
rJ/~//i'6
, .
DATE:
4.
.
.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 119?1
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 13, 1986
George W. Desmarais, P.E.
Holzmacher, McLendon & Murrell, P. C.
125 Baylis Road, Suite 140
Melville. New York 111747
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construdion and Mechanical Work
Change Order No. 4
C36-1120-03 (SOHT 83-02)
Dear George:
Transmitted hel'ewith. are five (5) executed copies with respect to
Change Order No. 4 - Ferran Concrete for performance of "extra" work
on the above referenced project.
Very truly yours,
~dr
Judith T. Terry
Southold Town Clerk
Enclosures (5)
.
~~~ . '
Il~ ~ , .. FEB25118i
HOLZMAC~iER, ~,:L_~~DON ~dM_URRELL, P,C,' CONSULTING ENGINEER~, ENVIRO~~A'i'i:ir.iitTfft~ ~;;~-Pi7N~IE~S
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752.9060
./
February 21, 1986
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction and Mechanical Work
Change Order No. 4
C36-1l20-03 (BOHT 83-02)
Gentlemen:
Enclosed please find six (6) copies of the proposal submitted by
Ferran Concrete for performance of "extra" work on the above ref-
erenced project (Change Order No.4). The work included in Change
Order No. 4 is as detailed in the enclosed documentation of the
description, reasons and cost estimates for the work provided.
Our office has reviewed the extra work and cost proposal (Change
Order No.4), and found them to be satisfactory. Please be ad-
vised that State and Federal reimbursement for this and future
change orders will be drawn from the 5% contingency fund allo-
cated to this project. Reimbursement is subject to NYSDEC ap-
proval. Our office will submit a description, cost and reason
for all change orders to NYSDEC for their approval.
Please execute Change Order No. 4 and return five (5) copies to
our office so that we may forward it to NYSDEC for approval.
Should any questions arise regarding the above, please contact
our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELLr P.C.
4mrrP'.A1~~
George W. Desmara1.s, P.E.
GWD:mad
Enclosures
cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead, New York. Fairfield, New Jersey
-.
,..."
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 2B, 1986
George W. Desmarais, P.E.
Hol zmacher, McLendon & Murrell, P. C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
Dear George:
The Southold Town Board, at their regular meeting held on
February 25, 1986, approved the Maintenance Bond provided by
McDowell Electric Corp. for the electrical work on the Southold
Scavenger Waste Treatment Facil ity, as to its form, sum, manner
of execution and sufficiency of surety there.
I
The Board also approved the Maintenance Bond provided by
James McCullagh Co., Inc. for the plumbing work on the Southold
Scavenger Waste Treatment Facility, as to its form, sum, manner
of execution and sufficiency of surety therein.
Very truly yours,
~'~r---. .
Judith T. Terry
Southold Town Clerk
cc: McDowell Electric Corp.
James McCullagh Co" Inc.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
..
Town Hall, 53095 Main Road
P,O, Box 728
Southo1d, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 14, 1986
Bob:
Per the suggestion of George Desmarais, please review the Maintenance Bond
of James McCullagh Co., Inc. for the plumbing work at the Scavenger Waste Plant.
Thank you.
;2?5'/Y~
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HOl2MACHER, McLENDON and MURRELL, P,C. . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y, 11747 . 516.752.9060
RE:E1VE; .
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February 13, 1986
',owo CIP.k !>outno;::
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold. New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.3: Plumbing
C36-ll20-03 (SOHT 83-02)
Dear Ms. Terry:
Enclosed please find one (1) copy of the Maintenance Bond pro-
vided by James McCullagh Co., Inc. for the plumbing work on the
above referenced project. This Maintenance Bond should be re-
viewed by the Town Attorney for conformance to the contract
documents.
If any questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ $I, /O&J1m1M,.4
George W. Desmarais., P. E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Melville, New Yorl< . Farmingdale, New York. Alverhead, New York. Fairfield, New Jersey
.
.
MAINTENANCE. BOND
BOND NO. K0179324A
,
KNOW ALL MEN BY THESE PRESENTS, That we,
JAMES McCULLAGH CO., INC. "', .
75 EAST BETHPAGE ROAD, PLAINVIEW, NEW YORK' 11803
(hereinafter called the Principal), as Principal, and INSURANCE
COMPANY OF NORTH AMERICA, a Pennsylvania corporation authorized
to do business in the State of NEW YORK
with offices at 127 John Street, New York 38, N.Y. (hereinafter
called the Surety), as Surety, are held and firmly bound unto
TOWN OF SOUTHOLD, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK
(hereinafter called the Obligee), in the sum of TWENTY NINE THOUSAND FOUR
HUNDRED AND 00/100 ($29,400.00) DOLLARS
for the payment whereof to the Obligee the Principal and the Surety
bind themselves, their successors and aSJ31,s;ns, jointly and severally,
firmly by these presents.
SIGNED, SEALED AND DATED this 30TH
day of JANUARY
, 19 86.
WHEREAS, the Principal has completed its contract for
SOUTHOLD SCAVENGER WASTE PROJECT, CONTRACT NO.3: PLUMBING WORK
PRLJECT NO. C-36-1120
and
WHEREAS, the Obligee requires a maintenance guarantee for the
period of ONE (1) years as set forth in the following condition of this
bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the Principal shall at its own cost. and expense replace any defectl,ve \
ma terial furnished in connection with said contract, during the pert-Od, ';
of ONE (1) year from J,qNUARY 30, 1986 , then t~is,.' ':' ,', ;:.' i
obligation shall be null and void; otherwise remain in full fprce .'.,
and effect. JAMES McCULLAGH co., INC. < i
BY:,-- "\~- 4~_
WILLIAM H. DOREMUS, P ESIDENT
"
': ~. \ (,
'By
SEE ATTACHED POWER OF ATTORNEY
Resident Assistant Secretary
B-244
"
.
.
A COR..."O?_:'..7ION
AOC-;O'iUIGE'1i,;:O;T BY PRI;";CIP.'lli, IF
STATE OF NEW YORK
. COUNTY OF NASSAU
On this 30TH -- day of JANUARY 19 86 , before me personally
came WILLIAM H. DOREMUS to Ire know to be the person duly swam, did depose and
say, that he resides in JERICHO, NY , that he is the
PRESIDENr of the JAMES McCULLAGH CO., INC. , the
corporation descr.ibed in and which executed the foregoing instrunient; that he knew
the seal of said corporation; that the seal affixed to said instrument was such
corporate seal; that it was affixed by order of the Board of Directors of said
cOrp::lrationl ._,~ that" he .signed his narre thereto by like order.
5=rn before me this
30TH
day of
JANUARY
19
86
CHRIS;T1NE COLEMAN York
Not&ry Public. State of ~ ~
No.01C048309
Qualified In .Suffolk c~u3J" 1
commission Expires Marc ,
.~~0~
Notary Public
ACKNOilLEJX;EMENT BY SURETY
STATE OF
SEE ATrACHED
COUNTY OF
On this day cf 19, before me,
the undersigned, a Notary Public in and for said county, personally appeared
who is to me well known, who being duly sworn, did
depose and say that he resides in that he is
Attorney-In-Fact of the
corporation described in and who executed the \vritte.'l instrurrent as Surety. That
he knOV1S the seal of said corporection; that the seal affixed to said instrument is
such corporate seal; that it was ~1ereto affixeq by order of the Board of Directors
of said corporation, and ~1at he signed his name thereto by like order.
Sworn before me this
day of
19
riotary Public
JANUARY .. . , . " .. . ,1986 . , befo," me pe',oMfly appe"ed
to me known whu. be:ng by me duly SWOIn, did depose and say.: That he resides in
; that he is Allorney-in-Facl of the INSURANCE COMPANY OF NORTH AMERICA, the
corporation described in and which executed for foregoing instrument: Ihal he knows the corporate seal of the saId Corporation; that the seal affixed
to said instrument is such corporate seal; Ihat it was so affixed by order 01 the Board of OireelOrs 01 said Corporation; and thaI he signed hiS name
thereto as AlIorney.in-FaCl by order of the Board of Directors of said Corporallon; and the deponent saith further thaI the Superintendent ollnsufance
of the Slate of New Yorlc has. pursuant to Section 327 of the Insurance Law 01 the Slale of New York, issued to the INSURANCE COMPANY OF
NORTH AMERICA his certificate that said Company is QUi31ified 10 become and be accepted as surety or guarantor on all bonds, undertakings and
other obligations or guaranlees. as provided in the Insurance Law of the Slate of Ne..... York and all laws ame.ndalOry thereof and supplementary
thereto; and that such cenilicate has not been revoked; and thai the assets of said Company. unencumbered and liable to execution exceed its deb IS
and liabilities at every nature whatsoever. by Six Hundred Thirty Nine Million Dollars tS539.000.0<X>1
fS:::ness my hand and ,ea11he day and year afore,a,d ., . CHRtS'l1NEeclLEMAN. . . . . . .~. .~
COPY OF RESO~~~~~~:SewYor1c
. ~.I ~:n
BE IT REMEMBERED. that at a meeting of the Board of Directors of the IN$~JM.I . . ~4A. duly called and held at the
office of the Company, in the City of PhIladelphia. State 01 Pennsylvania. on the'5th day or cem er. . a'Quorum bemg present, the follOWing
ResOlution was duly adopted:
RESOLVED. That pursuant to Anicles 3.18 and 5.1 of lhe By-laws, the following Rules shall go.....ern the execution for the Company ot bonds.
undenalcings. recognizances. contraCtS and other writings il1the nature thereof:
(11 That the President, or any Senior Vice President, any Vice President. any Assistant Vice Pre:sidenl. or any Anorney-jn-F~cl. may execute for and on
behalf of the Company any and all bonds, undertakings. recognizances. contracts and other writings in the nature thereof, the same to be attested
when necessary by the Corporate Secretary, or any Assistant Corporale Secretary and the seal of the Company affixed thereto; and that the Presi-
dent, any Senior Vice President, any Vice President, or any Assistant Vice President may appoint and authorize any other Officer (elected or ap-
pointed) of the Company. and Attorneys-in-Fact to 50 execute or attest to the execution of all such writings on behalf of the Company and to affix
the seal of the Company thereto.
121 Any such writing executed in accordance with these Rules shall be as binding upon the Company as though signed by the President and attested to
by the Corporate Secretary.
13J The signature of the President, or a Senior Vice Preside"'ll. or a Vice President, or an Assistant Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to this Resolution, and the signature of a certifying Officer and the seal of the Com-
pany may be affixed by facsimile to any certificate of any such power. and any such power or certificate bearing such facsimile signature and seal
shall be .....alid and binding on the Company.
141 Such olher O:ticers of the Company. and Attorneys.in..Fact shall ha.....e authority to certify or verily copies of this Resolution. the By-Laws of the
Company, and any affida.....it or record 01 the Company necessary to the discharge of their duties.
l5l The passage of this Resolution does not revoke any earlier authority granted by ResolutiOns 01 the Board of Direcwr5 adopted on June 9. 1953,
May 28.1975. and March 23.1977.
s:rATE OF, .r"1!'1. .YCJR~"",..,.",.. '...,....
. -,..
COUNTY OF ,NAS.S1W"",."".".
On this....... _........ 3(?T:1J.
,.". ,GE.DRPE. .D.,. IJRE.W5cTE.R".,'
MANH.ASSB'!, . .NE.W. XDIiK. .
.
day of
Financial Statement December 31,1983
Admitted Assets liabilities
Cash in Office and Banks.
Short.term Investments.......... _..........
Government Bonds lamortized values) .. .. ... .. .
Miscellaneous Bonds (amortized .....aluesl..
Stockslmarket value! .. ..
Accrued Interest.
Mortgage loans on Real Estate. .
Real Estate . . . ...... . .. .. . . . . . ..
Premiums in Course of Collection...
Funds Held by Ceding Reinsurers.
AU Other Assets. . . . ..... . .. _....
" 118.172.758
139.736,800
634,151.750
854,120,755
864,624,062
48,313,699
6.350,000
19.733.522
231,900.357'
25.262.155
498.505,664
Unpaid Claims and Claim Expense. .........
Unearned Premiums. . _... .
Reserve for Taxes and Expenses
Other liabilities. .
Funds Held by Company Under
Reinsurance Treaties................. .......
Reinsurance in Non-Admilled Companies
Capital Paid In.
Surplus Paid In .
Unassigned Surplus.
51,546.944 ,884
594.362,388
29.375,812
135.618,161
45.052.599
50.305,400
56.785,545
137.100.213
445,326.520
\3.440.871.522
$3,440.871,522
('Excludes premiums more than 90 days due.)
ha~ ~se:~r:~~~i~rt~~e:t~~~~~~:~~~~~~'th~'~N'~~~~~~6'~~?ANY' O'F. N'OAT'H AM'EA;CA'~t' :F.q$.i/!'i{~: . NEW. 'YORK'
. . . . that said appointment is in lull force and effect as 01 the date nereo!, that said appointmenl was made under and by authority of the foregoing
ResolullOn. or one 01 the aforementiOned earlier Resolutions. which said Resolution has been compared by me with the onginalthereof as recorded in
the minute book of said Company and is a true and correct transcript thereof and is in full force and effect. and that the foregoing is a Hue and corree!
statement 01 the financial C,Jndition of the said Company, as of December 31, 1983.
IN ~gNESS WHEREOF, I ha.....e hereunto set my hand and afrixed the seal of said corporation this.. 3.0T.1J. day of . . . JANUARY .
19. . , , . ,
BS.1S551d PIC 11"1 USA
~~ 4 ~?!:~
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CIGNA
.
-.
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POWER OF
ATTORNEY
Insurance Company of North America
a CK;NA com pony .,'
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the
Commonwealth of Pennsylvania, havmg Its principal office In the City of Philadelphia, Pennsylvania, pursuant to the following Resolution
adopted by the Board of DIrectors of the said Company on December 5, 1983, to Wit:
""lESOLVE:l, Tnal o"..~...a~l to A'l.c!eS 3.18 and 51 at (re B',-Ls\l\Is. :r-.e fOI'ow'''9 R"les shall gaverr. me execution to. the Company of bonds, ullderta~,ngs, recogn,u"ces, contrac!s and o:~e'
WrLt,ngs'~ 1'1€ nat,,'e ~1'Ie'eo'
'1 T"all~e P'eS'der,l, B"v Se~'o' Vice 1'>'9$,Oe"l. an\! V.ce Presrde',!, any ASSistant V'ce PreSlde~t. Of 8nv AllO'r'leV.,n.F<lCl, may e~ecute lor and on behalf of the Company any anc:l ail bonc:ls, under..a.
,n9S. recogn,~ances, CO"I'aC~s and Ol"er wnt.ngs ,r, lhe natufe 1"8'80!. the same to De attested whe" "ecessary by the Corporate Secretary, or any ASSistant CorOOline Secrelar'", and the sea' ,,' '~e
Campan./ al~'~ed t~e'e~c. and :"a~ ~"e PreSident. any Semor VJce PreSident, any Vice P'esldef'lt O' any Ass,stant VJce P,esldent mav appoml and authOme anv othe' 011,ce, leleCted 0' aooo'r>!eo )1
tre COmpany: ar'ld Atto'~e,'s.,r'l.;act to S;J e~ecute 0' attest to tre e~eCL..tlon of all such Wfll'r'lgS on behalf of Ihe Company and 10 affl~ lhe seal of the Company theretO
i2] Arw SuCh wr:!.l"g e~eculecr '" accordance w'th tneSl! ",ules snail lle as cmdlng upon the Company In any case as though s,gned by the Presldern andaltested to by the Ccraorate Sec'etary
i3i 7re sI9r>atu'e of Il'e PreS'de"t or a Sen.or Vice PreSident, O' (I V.ce Pres,denl. or an Ass'Slaf'll V'ce Pres,de"l al'"ld the seal of the Company may be alh~ed bv faCSimile on anv oower '.)f apo'~e.
granted purs"a.,t 10 th,s Resol~loon. and IIle Slgnat'Jfe of a certdY'l'"lg Offtcer and the seal 01 the Company may be afhKed by facs,mlle to any <:eflll,cate of any such power, and al'"lY sLIer> powe' ':Ir ce'
t,jocalebearlng sucr lacs,m,'es'gnatu'e and seal Shall be valid and bmdmg on the Compalw
:41 Suct"> olher OffJcers 0; the COm03t'1Y,aIidAHorneys.,n.Fact sha'l have authority to cerl,ly 0' vefifYCOll'&So~ i.h'SMesolutlon. the Sv.Laws Of1he'COmpany. and any alfldavlt or recoro ot the Compar.,
f1ecessa.y to Ihe dlsCl'arge 01 the" dunes: .
.,.":..'.'" .:>......:..> ....>:...",.
15! Tile passage 01 IhlS Aesol~i'M does rIOl revoke a"y earIJe'~UlllofltY gianted by Aesolut,ons of the.Soard 01 D,reCtorS adoPled on June 9,1953, May 28:.1975and March 23. 1977 ..
doesherebynominat'e,co:nstituteandaopoinl.WILLIAM<A... MARINO. DAVID .tJ.~,ROS'E-liJLL. HELEN A~.
LALLY, and GEORGE O.BREWSTER; alLof the City ofRo~lyn.Heights, State
of New York ----------- ----------,..----------------------,..,..-----------
.'..:...::,:.::--:',::./'::..-.:<.'::..::.,....': ...':"..., .'.
___ ___ ___ ------7.-":"..~~,-...-~':"j,..,..,....----~..,.7~:'7..:....,-:~,-:-...--; each' indivIdually if the~~'be.more than one named,
its true and lawful attorney-in-fact., to 'm'ake, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakmgs,
recognlzances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall
be as binding upon said Company, as fully and amply as If they had been duly executed and acknowledged by the regularly elected officers
of the Company at Its principal office,
IN WITNESS WHEREOF, the said H.F. McCranie, Jr.. Vice.President. has hereunto subscribed hiS name and affixed the corporate
seal of the said INSURANCE COMPANY OF NCIRTH AMERICA this 1 7 t h
day of S EPTEMB ER
'~.~-~-~~~\\
',':~~
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INSURANCE COMPANY OF NORTH AMERICA
c /J .
- (j!QAI.{I
by
Vice-President
H.
F.
McCRANIE,
I'
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,
I
COMMONWEALTH OF PENNSYLV ANIA
COUNTY OF PHILADELPHIA
On this 17 th day of SEPTEMBER ,A.D. 19..J1!i, before me, a N~tary
Public of the Commonwealth of Pennsylvania In and for the County of Philadelphia came H.F. McCranie, Jr., Vice*President of the
INSURANCE COMPANY OF NORTH AMERllCA to me personally known to be the indiVidual and officer who executed the preceding In'
strument, Dwledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate saat of
said C ~y;rtt"~d corporate seal and l1Is signature were duly affixed by the authority and direction of the said corporation, and
that ~ ro~ e ,Board ofDirectorso!,said Company, referre9:::tO-:lfl the preceding inst~:urry~r:lt, is now in force. . .'i.'
~ ESTlM REOF, I have hereunto set my hand and affixed my offiCial seal at the City of Philadelphia the day and year
firSt ab Written, _ '~ c;)A!
OF lOAN T. CAREY. Notary Public I. ~
AL . ',' ~ ftlilldelphla. Philtdllphil COunly,.PA AN T CAREYI!'; Nota,y PuOl1C
~ .~' My tommi..,on upires/uly 11, 1988 '.. ..
~ 1<: '-It-.~ . ...............././'/. ':'/'.';"/:.' . .'
Oi $1( e(l ecretary ?(IN~UIRA~CE COM~~NY OF NORTH~~ERIC~;~gherebY~erI1fY that the original POWER
OF A T Rt/i'r'yof~~eforegoing is a full, 1J~~~?d corre.~;5<)py, is in full forGea?deffe~t<;:-J- .
In hereof: I. have hereunto subs~rlbed my ryame as Sec,etary,'and affixed the corpo(~i~seal of the Corporation,
30THdavof JANUAR~./>- '. ..;~~..~ '. . ." .
Q, ~- 'I/'1.Jt,L
James S Wyllie r~ ~> .. ~ - -secretary
ss.
this
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JUDITH T. TERRY
TOWN CLERh:
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O. Box 728
Southold, New York 1197t
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 28, 1986
George W. Desmarais, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
Dear George:
The Southold Town Board, at their regular meeting held on
February 25, 1986, approved the Maintenance Bond provided by
McDowell Electric Corp. for the electrical work on the Southold
Scavenger Waste Treatment Facility, as to its form, sum, manner
of execution and sufficiency of surety there.
The Board also approved the Maintenance Bond provided by
James McCullagh Co., Inc. for the plumbing work on the Southold
Scavenger Waste Treatment Facility, as to its form, sum, manner
of execution and sufficiency of surety therein.
Very truly yours,
~dr-
Judith T. Terry
Southold Town Clerk
cc: McDowell Electric Corp.
James McCullagh Co., Inc.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 13, 1986
Bob:
Per letter from George Desmarais, please review the Maintenance Bond of
McDowell Electric Corp.
Thank you.
, 1/ 1-j/5/St
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HOLZMACHER, McLENDON and MURRELL, P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD. SUITE 140, MELVILLE, N,Y. 11747 . 516.752.9060
February 12, 1986
RE:EIVE;::
-_r-. , '7 10P"
rtt; 10 .:10./,-'
"""" tip":. Sotrli101C:
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.4: Electrical Work I
C36-1120-03
SOHT 83-02
Dear Ms. Terry:
Our office has reviewed your February 5th correspondence to our
office concerning the Maintenance Bond provided by McDowell
Electric Corp. for the electrical work on the above referenced
project. This Maintenance Bond should be reviewed by the Town
Attorney for conformance to the contract documents.
I have enclosed the Maintenance Bond which was forwarded to our
office. If any questions arise, please contact the writer at
752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~otfI.~~
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Melville, New York. Farmingdale, New York. Riverhead. New York. Fairfield, New Jersey
McDOWELL ELECTRIC CORPORATION
P. O. Box 216, Edwards Ayenue
Calverton, New York 11933
516.727-7272
R.EC~IV~D
TRANSMITTAL LETTER
fEB
5 'OQ^
Iv...O
T own r.~rk Southold
Date
2/4/86
To: Town of Southold
53095 Main Road
P.O Box 728
Southold, New York 11971
Job: South-old" S~~vpn~pr W~~~p TrPA~mpn~ F~rili~)~
We tronsmit herewith for your-Information
Approval
Files
x
Correction
1
Retu rn
Maintance Bond
Copies of
Sheet Nos.
.
Remarks
Yours very truly,
McDowell Electric Corp.
/l}tfl4~ /tP ~/~L/
Enclosed: 1
By
Marie Picone
eo1 ~\..
~\O'-
~~~
\~~'f)
F\DELITY
INSU~4
I-iC/t
CO~,t,
"9~,..
24 COMMERCE STREET
~.
C~:':"._h-..'::",,,,.
. ,~,
NEWARK. N. .J. 0"/10:1
Bond No.051405
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WE. McDowell Electric Corp., Box 216 -
F,chTArds AVf'nup, r..::l]vp:rton~ Ne1;.1 ~ork 11933 as Principal,
and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of
24 Commerce Streett. Newark, New Jersey, licensed'to do business in the State
of New Jersey and New York , as Surety, are held land firmly bound unto
the Town of Southhold as Obligee,
in the full and just sum of Ninety Eight Thousand Five Hundred Uin t S ven d
00/100--------($98,597.00)------ DOLLARS lawful money of the Unktea Sta~es 01"
America to the payment of which sum, well and truly to be made, the Principal
and the Surety bind themselves, their successors and assigns. jointly and
severally, firmly by these presents.
SIGNED, SEALED AND DAIED THIS 30th day of January 1986
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Principal entered
into a contract with the Obligee for
Scavenger Waste Treatment Facility
AND WHEREAS, the Obligee requires a guarantee from the Principal against
defective materials and workmanship in connection with said
Scavenger Haste Treatment Facility
NOW. THEREFORE, if the Principal shall make any repairs or replacements which
may become necessary during the period of ONE YEAR _ 1/30/86 to 1/30/R7
because of defective materials or'w6rkmanship
in connection with said contract of which defectiveness the Obligee shall give
the principal and Surety written notice within (15) fifteen days after discovery
thereof, then this obligation shall be void; otherwise it shall be in full
force and effect.
All suits at law or proceedings in equity to recover on this bond must be
instituted within twelve (12) months after the expiration of the maintenance
period provided for herein.
~~./aAL
Witness
McDowell Electric Corp.
Box 216 - Edwards Aven e
lverton, New York 3
INTERNATIONAL FIDELITY INSURANCE COMPANY
~QI_h,Y1 rh_~')rUj_
1tnEfss
v
/~@/[dd1
Attorney-in-Fact
R.D. Reuter Attorney In Fact
11-79 3m
State of
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_ County of
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On this
day of
,19_. before me personally cam
to me knowr
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he execute
the same.
My commission expires
Notary Public
State of
} $S.
County of
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On this
day of
, 19_, before me personally carr.
to me known and known to IT"
to be a member of the firm of
described in and who executed the foregoing instrument. and he tnereupon acknowledged to me that he executed the same as and for tt-
act and deed of said firm.
My commission expires
Notary Public
---------------------------------~----------------------------------
}ss,
State of
County of
-
. 19~, before me personally can
E
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o E . to me know,
'f;.g b7 .
~ ~ ,.e4~A'cLY.
8 ~ -.;
~of ~
the corporation described in and which executed the above instrument; that he k ows the seal of said corporation; that the seal affixed
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed h
name thereto by like order, EDWIN R. RIEKERT ~ ~. ~.&'
NOTARY PUBLIC. Slate 01 New York '
No. 52.8514565, Suffolk County - .
My commission expires r.nmmi<<inn Ftpirp< M:l~r.h 3019gb / -...u-t:-n ~ Z ~.
, N tary Public .
State of
New York
Ls.
1
INTERNATIONAL FIDELITY INSURANCE COMPANY
24 COMMERCE ST., NEWARK, NEW JERSEY 07102
STATEMENT OF ASSETS. LIABILITIES. SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 1984
ASSETS
Bonds (Amortized value) " , , , , , , , , , . , , , , . , . . , ' . , , , 59,841.634
Common Stocks (Market value). , , , . , , . , , , , , , , . , , ' , , , 503.993
Mortgage Loans on Real Estate ...................... 154.140
Real Estate , , , , , , , , , , . , , . , . , , . , , , , , , . , , , , , ' , , , 78,640
Cash & Bank Deposits , , . , , . . , , , , . . , . , , , . . , . , ' , . , , 1,030.139
Short Term Investments, . , , . . , , . , . . , , , , , . . , , , , . , . , 2.402,609
Unpaid Premiums & Assumed Balances. . 330.782
Reinsurance Recoverable on Loss Payments. . . . . . . . . . . . . . 571.841
Federal Income Tax Recoverable, ,. , . . , . , , . , . , . . . . . , . 210,000
Electronic Data Processing Equipment ... . . . . . . . . . . . . . . 229.919
Interest & Dividends Due and Accrued. .. . . . . . . . . . . . . . . 421.2]2
Funds Held In Escrow Accounts "".,.."".,..".,. 1.623.954
Collateral Funds Hcld Under Contract .".,.,'.,.."", (1.623,954)
Contract Balances Due and Unpaid .",..""."..,." 47.782
Due from Essex Bonding Agency. Inc. ................. 12.437
TOTAL ASSETS "...".,.".""",...." 515,835.128
LIABILITIES. SURPLUS & OTHER FUNDS
Losses (Reported losses net as to reinsurance ceded and
incurred but not reported losses) , , , . . , , , , . .. , , , , . , , , 55.551.620
Loss Adjustments Expenses ,., , . , , , ' , . , . , , . . . . , , , , , 1.665.583
Contingent Commissions & Other Similar Charges. . . . . . . . . . 58.715
Other Expenses (Excluding taxes, licenses and fees) ,..." . , 98,822
Taxes, Ucenses & Fees (Excluding Federal Income Tax) .,." 143,856
Unearned Premiums ., . , , , , . ' , , . , , , , . , , ' , , , . , , . , . 3,979.284
Funds Held by Company Under Reinsurance Treaties ' , . , . , . 50,000
Accounts Withheld by Company for Accoun, f Others, . , , , . 97.270
Liability for Unauthorized Reinsurance ................ 29.389
TOTAL LIABILITIES"...,."",.":,.,, . 511.674.539
Capiral Paid.Up "",..,...",.". ,.. , . . , , . , , , 1,004,150
Gross Paid.in & Contributed Surplus ".".,."."".., 380.450
lJnassi~ned Funds (Surplus) , , , , , . , . , , , , , , . , . , , , , , , , 2.775.989
Surplus as Regards Policyholders ' , , , , . , , , , , . , 4,160.589
TOT AL LIABILITIES, SURPLUS & OTHER FUNDS, , $15,835.128
I, PHILIP KONVlTZ, President of International Fidelity Insurance Company, certify that the foregoing is a fair
statement of Assets, Liabilities. Surplus and Other Funds of this Company at the close of business, December 31,
,
.
'.
",.--"
-
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'1,
TEL, (201)624-7200,; I-\JWER OF ATTORNE .-,"',,'
~':(kJ...~..',...:t~..i,.i.;,i.""~,,.,~;':..""'-"~,~.~:..:,~..",~~?,:~i~~,~~~IJ;~~~Ci~p~~i~{;.. ..,'..:'.'.:.:'...,:,...',:....~.....: ,;.'.>~...c.,...',~..,~,".~.,..,..,'.~'~.,.;.,'"......:'..0'........:.
.' .. . '. _:;:V5..b!~)?";:;J~~~~j~,,~EWARK,NEW JERS~~;.%~Sj{~,:~~0A::i;:~'.); BO~:~O., ."" ..,_'~ :,::.;,
\~_:";"'-. KNOW ALL MEN BY THESE PRE~ENTS: That International Fidelity Insu;ande" Co~pany'. a corporation organized and existing under the~~~.'~,._-'~
~~ ~fthe Sta,t.~~~f.~ew J~eY"and, h~Vlng its principal offic.: in the CIty of Newark, New Jer~ey. does hereby constitute and appoint ...:.'-~,-~J~_;:>J~-)ii?fi.:-~:,:;:
,.;~'.{'i;;-!.{.i;}~~1:~~;:.,:;.~~;~t~fb~{~~;$~~;~,~:~iM~:-:;:Y:.:;:,.. ,: ;,~;ct#i:iX;, ..':-.'" .' .. > ":""". ..::~X(,i~~F
R.D. Reuter; J08ep~ M.Steinberg; Pei:~r 'J;Acquavell:a' 'Geraldine Hoffman Robert A~ Ba~t~..i~if; .
.,:~!;~{.1~~:..r~:.:tf-~.~1AtN:t!i!~~1:tt.;-;,:.. {;~r~~~;+~:~~%rt;X?-~\':~:~[:t;i5Fff:'f;::.;. ......;;;?:_,;;'"{8~1/S;:~i,Jj::;:j.~~~~{~~..
its true and lawfut' attorney(s}in~fact 'ta exec~te, seal and deliver for' and ~ on" it~ 'behalf as surety:"any and all b~nd~ and ~~d~rt"uhtp..'contractJc;t..::~,~:'l-;:...
indemnity and other writings obligatory in the nature hereof, which are or may be allowed, required or permitted by law, statute. rule.regu1ation~<-:;~'-."\"_--::
contract or otherwise, and the execution of such instrurnent(s) in pursuance of these presents. shall be as binding upon the said International Fidelity "";'i":".'/
~ Insurance Company, as fully and amply, t,o all intents and purposes, as if the same had been duly executed and ack.nowledged b:i its regularly elected ;):~'.'.,
.':.' ~~~~~;~t.:~~ p~7~~.al ,orr;:~;~~~'iFp;,t~~:',':~c ~:~\/:~~~~:;~ :-':~:;~., .,~; ,~,;~;;~:;;;':'.;:" . ~./;~;~:%:~.l~~;~:~:,:~{':. ,<~')'.(,'f~~Vi.';
:.,.'~ This Power of Attorney is executed. and may be 'certified to "and may be revoked, pursuint to and by auth6rlt; ~f Arti'cfe~'::: iec'ti~n~ 3~ 6rth:B~1':
'. La.;:' a.d~~ted b:~~~ board ~,f '?~,",\o~ o,f~,,:~~,,:a~:io~~ ".'d~~~t~ ~~."~;~'"C?~~~y..t a ,,?~eh~.~ calle~ ~~.d ,~~1~~?~~;~;5~,:l,~~f~,;:;:~;4J,~6~~-",
,''-: .' -~ ,~:. . ': ':'-: :.~ ~:- .~ ~ :~f:::~~t~f~~).<:!t<~.~1':)"-'~ ;1:...tj'.:~:-'~:1: )j:t(}'i;,~0: d;,:?~~':}.f:~ . ::r'. /.;'''.~ ~ ':,; :.~:~~,<:(~~~,~~~~~~~-;y~l;~r~)~~:-~~:t:~'{~~~]~~:;~;';::;
The President or any Vice President, Executive Vice President. Secretary or Assistant Secretary, shall have, pow~~ an~ auth,:,rity ~:~.:~ .r...r]';:"t ~;~~ ,,:;'~~'if~J"..: :
~~ ~,'~:'_ ~,+' , t~;,,-;'N./':>~" '.;:~:~{!?ri~:~.~t~:S.~~::.:{:;.:~/.(:<.~~,:\ ;,:'f ,~'~,l''':.~ . '.';,,,, '""" $:':" \'":.~\~~~:0~~~;F.~; ~;31!l!;'~~).p.:~" ","~~~';-;7~~~~~,
, './. (1) To appoint AUorneys-in.fact. and to authonze them to execute on behalf of the Company. and attach ~heSealoC~e Company ~e.~et~,.~~,:.:;..'~,
:~':,:~":'''/;. bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof an~.Jf,P;,.~~.;.,p:~\<;i,t"',-;;::..:.:,.~.~.'-:;~...\ ~~.!h~f:i:f.i~t~);>
.<:~;';'(2;"To remo~e' .&t' ~nyHme: a~y ~~ch' At~~rneY..in~fact and' r~voke 'the authori'iy give~'.:-: ',.,:", .:',,:.~::::,::~,:~~>-',~,{~.Jff0:Jy::.?Jt:';,:t~',:.;,'~y/:~:.::r:'s~~o/f!~'f,'
,{'j:).';<_,',,':;':;,.,! .::, .,,;,.....,,:; '.' ...,<~',.,/.. ..', . ',. ."",?",,,,'i ',-':/:7\::1""'<'',-;;':; ;.):i;'~';F;,i'iY1qH-#:;'
:~;__:''''~.'- Fwth~r this Power of Attorney- is signed and sealed by facsimile pursuant to resolution of the Board' ~f Dir~tors of said Company adopted ata.'::::-.,'."
:::Cmeeting dUiy c~e~ and held on ~h.e 4t~ day ,of February,.1~75 of"~~~h,~~ef~llowingis, ~ true excerP.t:r.~E0.-:~):;>;~.~t.'-,;; :>-:::.;:~i}:,~\,'.~;.{:>.:;<.,.!.:;;:-;:i.1-:,,:.t.~"~;~~'.
.' ,;,*})(.';>.';:'F;'.,~;,.{,,;,.' '. ..>:;".. .' '..:X/)},i:;;:<'c',:,'.'.\iJl;(,H';fiY,:;:';:,:' .. '-.})" ",::': ...' "'. C("'::;:-\"~:'";":\;i?',:>,'-
.//~>-. Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate re1atinl',:':~
.-P: thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon~i~':_
. the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in - ,;
. the future with respect to any bond or undertaking to which it is attached. ~"', ~ '-' ',: ." " ~.', ' " ;" ":.' .. ~< .' '.., .::"' ,:<',:~.;"
:''..''.:-'';7. .. . .' " '.'~ " " ..\>,.:.;. .'.r,,'-,"<~"~:-".i"'~.
;~,.:.:~~S~'~~.X,~.. IN TESTIMONY WHEREOF, International Fidelity Insurance Company ha; caused thls instrum~nt to be sig~~d and :>".'~
~~:c;t:~.t~~~~~ . ~tsc...o.rp.. orat.e. sealto be affixed byit' authorized ~ffieer,lhi' l,t. .' ,'. " ,,; '. ...:..i'."........'...'..........::. ;............'..".....;.;'.....'..:.'.):. '.'.'~.'.',.','ct!f.~.....'..:.
. ..:':..7.;I~t'.~.'. ":. · .. . . . . . ·
day of May
.-'. ;;7':\',~:5 -:~
STATE OF NEW JERSEY
County of Essex
,.. .:~~~:. ;~> .'..:t:7, ,:.\'~'" ,....
~:.(..., Onthis 1st. '. . day of May" ~"" 1982 ~ bef~re'me 'ca~'e th'e:individ~a1"who ~xe'cut'ed'the pr~~ding instrume~t.to me pe~'sonariy ~:": :-.
;~ ,'."known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company; ,'~.;- '
;> that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by',:--:
order of the B.oard of Directors of said Company. ".. ." ~. .: \'...-:;;. ',.: ',' ;..'~~' 'r ~ o~O/:~'>.:: " '>'." ;:;. ~ (~} (.<;;~'/;:
,\,<.:"".......... . . _,' ..' c " .:-.-~''; ..:::,;:i.{~~,~ "~~>~:' ~-~ >~..:~;:~. i~-"' ~::~-~.:~;,}}::{.~~~.: ;~-
. ..<~ '\>.~..~~':i;...,> ';N TESTIMONY WHEREOF, I have h;r~~-;;;o se; ~y;;;nd ~n~ a;fi';ei;;y6f;'::iirseal~ : c:'.:'::~;~_~~"/~:~- {,;~'~?:~::.~~~.::.
i-~:P' T ....1> \ at the City of Newark, New Jersey the day and yearflrst above written. n-, ,,'.". /~ - .:.;t ,.~-.
J r.. :" ~ 0 Af'i.., ~ '. . . ,,' . ' ' '. '." 'W;'f..c , , ' . 0
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.. . ..,. ." / ._ '. .NOlaryPublic'~:.:/'r)<;~:~':._
'..:!,~;........".~......../ My Commission ExpireSAPriI14.19~8;';:.f~.
_ "'.~.t.,.~.~.~;....'" ~~,' CERTIFICATION :<:;: -"'" "~':'~~~;,,-;>,"
-, . '.' '." ... ..- , . ,. ... ... ,',
I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregomg 'copy of the"~:.-:
Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth. in said Power of Attorney, with the':~
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcnpts thereof, and of the whole of the
sc:id originals, and that the said Power ,!f Attorney has not been re:voked an.d is now in full force and e~~ect. .' ~
'. '~,~ :,';;:~.,~,<;,
-J:
)., ....'-r.:..,.:'-:.
IN TESTIMONY WHEREOF, I have hereunto ,et my hand this 30di day of
January
..' .
19 8~_':;,3.,>:
,,:: ":'.~ ~',: .'. '
. .p
,<..~:"..
"
Assistant Secretary
.
JUDITH 1. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Bob:
.
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
Per the suggestion of George Desmarais, please review the Maintenance Bond
of James McCullagh Co., Inc. for the plumbing work at thE' Scavenger Waste Plant.
Thank you.
A'lf~",
)1!l':~ '
'I ;J.,..,
~ ~ ....
. -
.
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 14, 1986
~~-
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Il~M
HOLZMACHER, McLENDON and MURRELL, P,C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
~- -
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y. 11747 . 516-752-9060
."U...
FEB 1 41986
February 13, 1986
,......- - rr
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.3: Plumbing
C36-ll20-03 (SOHT 83-02)
Dear Ms. Terry:
Enclosed please find one (1) copy of the Maintenance Bond pro-
vided by James McCullagh Co., Inc. for the plumbing work on the
above referenced project. This Maintenance Bond should be re-
viewed by the Town Attorney for conformance to the contract
documents.
If any questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
M~'/C~
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Supervisor Francis J. Murphy
Melville, New York. Farmingdale, New York. Riverhead, New York. Fairfield, New Jersey
.
.
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.
MAINTENANCE, BOND
BOND NO. K0179324A
.
KNOW ALL MEN BY THESE PRESEN~S,"That we,
JAMES McCULLAGH CO., INC. ' '. .
75 EAST BETHPAGE ROAD, PLAINVIEW, NEW YORK '"11803
(hereinafter called the Principal), as Principal, and INSURANCE
COfllPANY OF NORTH AMERICA, a Pennsylvania corporation authorized
to do business in the State of NEW YORK
with offices at 127 John Street, New York 38, N.Y. (hereinafter
called the Surety), as Surety, are held and firmly bound unto
TOWN OF SOUTHOLD, TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK
(hereinafter called the Obligee), in the sum of 1'WENTY NINE THOUSAND FOUR
HUNDRED AND 00/100 ($29,400.00) DOLLARS
for the payment wh.ereof to the Obligee the Principal and the Surety
bind themselves, their successors and aSJl1,e:ns, jointly and severally,
firmly by these presents.
SIGNED, SEALED AND DATED this 30TH
day of JANUARY
, 19 86.
WHEREAS, the Principal has completed its contract for
SOUTHOLD SCAVENGER WASTE PROJECT, CONTRACT NO.3: PLUMBING WORK
PRLJECT NO. C-36-1120
and
WHEREAS, the Obligee requires a maintenance guarantee for the
period of ONE (1) years as set forth in the follow'lng condition of this
bond.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that
if the Principal shall at its own cost and expense replace any defective
material furnished in connection with said contract, during the period
of ONE (1) year from JANUARY 30, 1986 , then this
obligation shall be null and void; otherwise remain in full force
and effect. JAMES McCULLAGH co., INC.
BY ~I?iIAM"" il ~~ORE~~DENT
'By
AMERICA
SEE ATTACHJ?D POWER OF ATTORNEY
Resident Assistant Secretary
SB-244
.,
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ACKNOilLECGF1'IENr BY PRINCIPAL, IF A CORPORl\TION
STATE OF NEW YORK
"COUNTY OF NASSAU
'.
came
On this 30TH- day of JANUARY
WILLIAM H. DOREMUS to Ire know to be
JERICHO, NY
19 86
before
Ire personally
did dep::>se and
the
PRESIDENT
of the
the person duly sworn,
, that he is
JAMES ~ULLAGH CO., I~C.
, the
say, that he resides in
corporation descr.:i.ped in and which executed the foregoing instrunient; that he knew
the seal of said corporation; that the seal affixed to said instnnnent was such
=rporate seal; that it was affixed by order of the Board of Directors of said
corporation, 'c~ that. he signed his name thereto by like order.
Sworn before roe this
30'l'H
day of
JANUARY
19
86
CHRISTINE COLEMAN Yot1< ~Wm 0~
No\8rv Public'CQ48State309of ~ ~ Notary Public
No,01
Quelified In Suffolk ~u:mv 1
Commission ExPires Merc .
ACKNCW'..ECGEMENT BY SURETY
STATE OF
SEE ATTACHED
COUNTY OF
day of
Public In and for said county,
, who is to n-e well known,
dep::>se and say that he resides in
Attorney- In- Fact of
19
, before me,
On this
the undersigned, a Notary
personally appeared
who being duly sworn, did
that he is
the
coq:oration described in and who executed the written instrurrent as Surety. That
he knOV1S the seal of said corporation; that Ble seal affixed to said instrument is
such corporate seal; that it was Boereto affixed. by order of the Board of DiIectors
of said corporation, and Boat he signed his name thereto by like order.
Sworn before me t..'1is
day of
19
~~Citary Public
S1ATEGF ..I!l!~..Y.Cil!L........ ... ................, .
-.' ..
COUNTY OF .. NAS,S'!1!.. . . .. ' .. . , .. , .. .. , ,
On this...... . .~9.t:J:l.... day of. ..:rAf:l!l.~!?r.. ........... .1~}~t? . ,before me personally appeared
..... .q~C?~.G.~. .C?.-. . !3.~~~~7!~R 10 me It,nown who. be:ng by me duly SWOln, did depose and say.: Thai he resides in
.~l!l!!J:?~F!'!'.'.. .~~~. X9~~... ; that t'\e is A110rney-in-Facl of the INSURANCE COMPANY OF NORTH AMERICA, the
corporation described in and which executed lor foregoing instrument: lhal he knows the corpora Ie seat of ':he said Corporation; that the seal affixed
10 said instrument is such corporate seal; that it was so affixed by order of the Board of DireclOrs of saId Corporation; and lhal he signed his name
thereto as Allorney-in.Facl by order of the Board of Directors of said Corporation; and the deponent saith further that the Superintendent of Insurance
of the State of New York has. pursuant to Section 327 of the Insurance Law of the State of New York. is:5ued 10 the INSURANCE COMPANY OF
NORTH AMERICA his certificate that said Company is Qualified to become and be accepted as surety or ~luarantor on all bonds, undertak.ings and
other obligations or guarantees. as provided in the Insurance Law of the Slate o~ New York and all laws amendatory thereof and supplementary
thereto; and that such certificate has not been revoked; and that the assets of said Company, unencumbered and liable to execution exceed its debts
and liabilities of every nature whatsoever, by Six Hundred Thiny Nine Million Ootlars (S639.OCXJ.OOOl
Witness my hand and seal the day and year aforesaid: 1\ ~ A I ~ rvll /l A 1 IlnlA /'II
ISeal1 . 'CHRlSTlNE'COLEM."N .. .l/kIM'W .:x...UWf va; "--
COPYOFRESO~~~:W~
BE IT REMEMBERED. that at a meeting of the Board of Direclors of th.e lNS....U~1l~PfSI{'~)~m-~1A. duly called and held at the
office of the Company, in the CIty of Philadelphia. State of Pennsylvania, on ~r~rn'~J. a 'Quorum beIng present. the follOWing
Resolution was duly adopted:
RESOLVED. That pursuant to Articles 3.18 and 5.1 of the By-Laws, the following Rules shall govern tl"le execution for the Company of bonds.
undertakings. recognizances, contracts and other writings in the nature thereof:
(11 That the President, or any Senior Vice President. any Vice President. any Assistant Vice President, or any Attorney-in-Fact. may execute for and on
behalf of the Company any and all bonds. undertakings. recognizances. contracts and other writings in tile nature thereof. the same to be a1!esled
when necessary by the Corporate Secretary. or any Assistant Corporate Secretary and the seat of the Company affixed thereto; and that the Presi.
dent. any Senior Vice President, any Vice President, or any Assistant Vice President may appoint and iilu{horize any other Officer (elected or ap.
pointed) of the Company, and Attorneys-in-Fact 10 so execute or atteSt 10 the execution of all such writil1gs on behalf of the Company and 10 affix
the seal of the Company thereto.
12l Any such writing executed in accordance with Ihese Rules shall be as binding upon Ihe Company as though signed by the Presidenl and attested t9
by the Corporale Secretary.
131 The signature of the President. or a Senior Vice President. or a Vice President, or an Assistant Vice President and the seal of the Company may be
affixed by facsimile on any power of attorney granted pursuant to thiS Resolution. and the signature of a certifying Officer and the seal of the Com-
pany may be affixed by facsimile to any certificale of any such power, and any such power or certificate bearing such facsimile signature and seal
shall be valid and binding on the Company.
(4) Such other Officers of the Company. and Attorneys-in-Fact shall have authority to certify or veriiy copies of this Resolution. the By.laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties.
(51 The passage of this Resolution does not revoke any earlier authority granted by Resolutions oflhe Board of Direcwrs adopted on June 9, 1953.
May 28,1975. and March 23,1977.
Financial Statement December 31,1983
Admitted Assets liabilities
Cash in Office and Banks.
Shon-term Investments...
Government Bonds (amortized valuesl .
Miscellaneous Bonds lamortized values). . .
Stocks (market valuel
Accrued Interest.
Mortgage loans on Rea! Estate.
Rea! Estate . ... .....
Premiums in Course of Collection
Funds Held by Ceding Reinsurers.
AU Other Assets.
5 118,172.758
139.736,800
634,151.750
854.120,755
864,624.062
48,313.699
6.350,000
19.733,522
231,900,357'
25.262,155
498,505.664
Unpaid Claims and Claim Expense.
Unearned Premiums
Reserve for Taxes and Expenses
Other liabilities.
Funds Held by Company Under
Reinsurance Treaties.
Reinsurance in Non-Adrnil1ed Companies
Capital Paid In.
Surplus Paid In .
Unassigned Surplus.
51,946,944.884
594,362,338
29,375.812
135.618.161
45.052,599
50,305.400
56.785.545
137,100.213
445,326.520
S3,440.871,522
53.440.871.522
(' Excludes premiums more than 90 days due.)
It is hereby certified that. . .GEOR.GE. .0... . BREWSTER. . . . . . .. . . . .. ...............
has been appointed Attorney.in-Fact of the INSURANCE COMPANY OF NORTH AMERICA at . f<..c!~~rfl.". NEW YORK
that said appointment is in full force and effect as of the date hereof, that said appointment was made under and by authorilY althe foregoing
Resolution. or one of the aforementioned earlier Resolutions. which said ReSolution has been compared by me with the originallhereof as recorded in
the minute book of said Company and is a true and correct transcripllhereaf and is in full force and effect, and that the foregoing is a true and correct
statement of the financial cJndition of the said Company, as ot December 31. 1983.
IN v;jgNES S WHEREOF, I have hereunto set my hand and a/filled the seal of said corporation this. . .3.0:rw. dayof . . . JANUARY.
19. . . , . .
BS.15581d PIC In us A
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Comrnomvealth of Pej1IR)iIYan<a'W:Vf':i!'l'!t~1<o<>c.!Daj ?f~ In theE1(\' .c,f:!>hlladelphla, Penry,yIV,il0ia,pursua",t 1.0 the follOWIng FhlSolutlon
adopter:] by me Board "liJtrect!>(s;oj:tl:1'ecsatd (q,;nl'<loy 'on DecemberS, \;JS3. to WIt -
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'.-/':1$ ',""~"':;g,-.:l:4",;e$,.;:cr,'{~._S 3"~..::1""..w"~,r,~'r,.ii;1~"ay.e-W'e'eo', ~~eSiw'\e '0 ooa;te5'M 'N~"-"e(e~a'v 0', '~e CcrCO'ljle Secrela"y:.o:Il.~ ~SSi,Sl.ot CqrP'Jf~~OHH~ty,~nd,the,sea: ,1' toe
'CJ"';r;1l:~',: ~'~~fiid.:r~e;c.,~,,? :"~~ ~~:e?rliS'j~,';'~<~'1...>>~tl;~'ce Pnisrde,11_ an'i'iq. Pfes,d.eN cr /m'~t\ss,s:ar,t V,ce P'eS'der,[ ~~y 3.Dj)oi:u <I?f1~Ci\l",O<I{$anYJilt.~D/l,l;e('elec:e(j Qr ap-p<;'I',]i'<l )'
:l'e\:c~~?I'.::'J~IA,'o'''-'il.~S-'rv ~3,cr f:0J-~'~IM:.~~(~y<:~ee.e~~t.or'.-O' 31. S.cichw"j><>gS 0" Mh,,,lr elf !he COI"'Oil'l'Y ana.1O affo.!. lh€.S841 if ~CO'Nl3n~' {J-ierert}
,. . . ~ .... '. . :..,.;:.. ... -.. .>:. '."'" . '. ., .... .. ,.-...' ' '.
!',r:v's~E': <f'at'.::e,jijrc4'I/;':l~~~ Fulell~~as ~'''d;r><; LJOO'" ("e C~'ar<.(u' ~ ~ase as (t>mJg~ ,>.g."-ed tJy :l1e Pi9i.;W.fa~les:1W to bY.l~e'CO)Oo'aie S€~rela</"
.,
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,J'\(! p'~>{lt~t' .b"a Se,'r,~o'~V);e---';>I~>{te1i}!. a vice Pf~SJ~l'l:or ~ A~1'51:'l;'t V~~Pn;,s'dar'-l afocTe sea~ Qt,.!llllCCmpanv tnay ~e aHLxed,by j3c@~i!e9:r. any POwe(?i ai~)'~~.
D~(S:xl'\Po th,S fl'es'O'j~"I-, artd t!1E; S<t/~fl!(ii ~.-cen\fV,~g Off'Ce'ifJctt'he-seal.o;:,j<hB COr-,piOl1~"'"~ ne a"t'xed b,. faC,SlmrieJo-a"'l cenlhclIte Qfs~~ S\lCh power, a<"ld: a.n" s",c'.poy;e' ;"~e'
~acs.md., 5r..'\3I,-,'e andSl?3h;!caA)e,va"d.a~C1 cJ"rMg on meC()"'CiH'v
S.,:ryhe"Qi'lS€f3 cJ' :.~eC~J~;9:~<i~",~r'_&A~ic;:":';{5'ln::.'f~;.'~r:a;' ,~a\'e'a_:>~bq" '0 cer~,ly ;)<v~'i:i;:e:op,es::o~ih~sPeSol~t;C", ll1e 8i-'Laws;xJIi~:tobi,anv. i1r'.diln;,lt'lda;.lJl ()l 'ec~Hd of ,--or'"'par.,
~B{:essa'v:c !re d,;;c,~a'geo-f1'>e<_'-dW}e:s.:
.,.:::.:::::"'\'::->:
"'~,e ~:sage)i t";5Res6:'"'t-,t.,<;.~~~' net 'e\!bke ai'':)lIr~~'alf'Poor;:i~<:~'.a\,~:dtJ'{ Aeso:,'::::;J~sbtlhe Beard ~f Drie<:I~;ii>d:.c:Pted on JVfffl3 ')95~,M:~'I<~~)9]S-ar>d Mar~<1 23, ,977 .
does hereby nommate:;:CQ'Ds:tl!ute and BQ:P9tht
and GEORGIl-9.
York:,;;..'''':'::-_...._....
LALLY-,
o f N e.,",
WILLIAM A.
BREWSTER, all of
MARINO, DAVID
the City of
W. ROSE1ULL, HELEN. A.
Roslyn Il_"ig,hts,. S'Lat,"
.....
.....
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-----------~".....,..,..._-......~--- ----- -f...SH....::... ea;;~j6!'11Vid)Ji'IIY)ft~ig~~mbre,~h~nQ.Oe,~"""'d ~
fts true and lawful attorney.!n..fact'-,t-6m'ake.~,ex~ute';':'s-e~,-j and deliv~r--O{{i:ts_b~half, and as itsact-_and.dee:=t.ary,y p'f)p::'a-tt oonds, un,de:r;fpkings, ~
recognizances. Contracts and othef,wntmgs in the nature thereof. And the execution of such Writings tn ,puJ&\Jance of ,t~~s{f pf.i}sems, shall g
be as brnding upon saId Compa8Y, as fully and amply as If they had been quly executed and acknowled9'('d liV tl)ll"eglilariy Blectail-plficers - ~
of the Company at ltS principal offK:e. . . .. >" !i
IN WITNESS WHEREOF, the said H F.,McCranie, Jr., Vice-President, has hereunto subscrHJed h;s'6~me~ndafff:xedtfl_e C({jpo'rate
seal of the saId INSURAl\ICE COMPANY OF NORTH AMERICA thiS 1 7 t b .
dayof SFCPTRMRER
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COMMONWEALTH OF PENNSYlV ANIA
COUNTY OF PHilADELPHIA
Onthis 17th dayo! SEPTEMBER ,AD.193l4,before(('le,e;.Notary
PubliC of the Commonwealth of Pennsylvania in and for the County of Philadelphia came H.F. MCCranre, Jr'., Yice-PreS19~titof, the
INSURANCE COMPANY OF NGRTH AMERICA to me personally known to be the rndlvldual and off",~r who executed the P'1',<l~ing In-
a. owiedged that he executed the same, and that the seal affixed to the preceding in$trumeiH is the corporate seal of
~y;rihJi;~ .d corporate seal and his signature were duly afftxed by the authority and di~eCti<m ct.'the SClid.corpQtat0n, and
Nl~,_6Q?.rd,,?t9:irecto~s,~fsaid Campa ny ,_/)teFr~dt?J~ the preceding i nS~~:~,~:~:?t,. is no:w m force .
""M "'., "':=;,;:~"~.r........:.'...:...........: ~:.~.;t.~..PhiladmPhla the d~:t~~dp~~~~
*'" '. ~Cummi~Ii>rit.pirtS)~j:n, 1983rJ~N 1/
~.~ ...~ ,'. < . < <///- . '///. . --
~ ecretarypf!NSURAIlICl! COIlllPAN.Y OF NORTHAIlIl.ERICill;.doherel?~q~i!y thet th~ .original f9vvER
e foregoingjsafiill, trUe-_:-and: corret~l~9PY, is in full for,c;Ef$.nq:'eff6G:t. ,,'::
h~r-e:ot Lhave hereUnto sl1bsc:rH~ed mv name as Secretafy; :and a.ff;)(e~ the cOfiiqt.ai~:::-'$~at ,of the' Cor~~H~Of),
30TH ilavof \!l!N//l!RK iii ' -1~~1i .' ;;~ ,
Q... .... ....:V: '7ei.:::ld/;.. . .... '
Jame5S WYlhe~~ "i."ll'~2~~r~
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INSURANCE COIlllPAI\lY OF NORl'H AMt;R\GA
I< JJ . '
- C'1'1t{At!1
by
H.
F.
McCRANIE ,
V JCe~fhB5,de0:
ss
this
ISEALl
-
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Jl:[)ITH T TERRY
TOVv'N CUR},:
REGISTRAR OF VITAL STATISTICS
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Town Hall. 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELFPHONF
(516) 765-1BOl
Copy of McDowell Electric Corporation Maintenance Bond for your review.
~~~I.
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 5, 1986
< .
.
.
McDOWELL ELECTRIC CORPORATION
P. O. Box 216, Edwards Ayenue
Calverton, New York 11933
516. 727.7272
REClIVED
fEB 51986
TRANSMITTAL LETTER
T nom Clerk SoothekI
Date
2/4/86
To: Town of Southold
53095 Main Road
P.O Box 728
Southold, New York 11971
Job: South,old Scavenepr WRRtp TrPRtmpnt FRrilit],
We transmit herewith for your-Information
Approvol
Files
x
Correction
1
Return
Maintance Bond
Copies of
Sheet Nos.
.
Remarks
Yours very truly,
McDowell Electric Corp.
//J tf/4" A' /tf/ f/ ~l/
Enclosed: 1
By
Marie Picone
I:
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,
~ F\DELITY
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INSUll4
I-iC/t
CO~,t,
"9~,..
24 COMMERCE STREET
~::.~.:~~,..z,
~ ..-
NEWARK. N. .J. 0"r10:l
Bond No.051405
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT WE, McDowell Electric Corp., Box 216 _
Ech,:r;:n::-ds Avpm.JP~ r::llvprt(}n~ NC~'1 York 11933 as Principal,
and INTERNATIONAL FIDELITY INSURANCE COMPANY, a New Jersey Corporation of
24 Commerce Streett. Newark, New Jersey, licensed to do business in the State
of New Jersey and New York , as Surety, are held and firmly bound unto
the Town of Southhold as Obligee,
in the full and just sum of Ninety Eight Thousand Five Hundred !lin t S ven d
00/100--------($98,597.00)------ DOLLARS lawful money of the Un~tea Sta~es o~
America to the payment of which sum, well and truly to be made, the Principal
and the Surety bind themselves, their successors and assigns, jointly and
severally, firmly by these presents.
SIGNED, SEALED AND DATED THIS 30th day of January 1986
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS the Principal entered
into a contract with the Obligee for
Scavenger Waste Treatment Facility
AND WHEREAS, the Obligee requires a guarantee from the Principal against
defective materials and workmanship in connection with said
Scavenger Waste Treatment Facility
NOW, THEREFORE, if the Principal shall make any repairs or replacements which
may become necessary during the period of ONE YEAR _ 1/30/86 to 1/30 /P.7
because of defective materials ot"w6rKmanship
in connection with said contract of which defectiveness the Obligee shall give
the principal and Surety written notice within (15) fifteen days after discovery
thereof, then this obligation shall be void; otherwise it shall be in full
force and effect.
All suits at law or proceedings in equity to recover on this bond must be
instituted within twelve (12) months after the expiration of the maintenance
period provided for herein.
c~ aAL
Witness / .
McDowell Electric Corp.
Box 216 - Edwards Aven e
Iverton, New York
INTERNATIONAL FIDELITY INSURANCE COMPANY
~~w,n ~^ f7'1IW~f~}-
~tn 58 /
(, (
1J6Jfe~di:J
Attorney-in-Fact
R.D. Reuter Attorney In Fact
11-79 3m
... County of
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. State of
On this
day of
, 19_, before me personally came
to me known,
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed
the same.
My commission e)(pires
Notary Public
----------------------------.--
State of
County of
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On this
day of
, 19_, before me personally came
to me known and known to me
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the
act and deed of said firm.
My commission expires
Notary Public
~~s ~ -_ -/c d/1f - ~ /~?
/A_~~ 4- ~/"'-~.?~ _ ... _
who being by me duly sworn, ~ depose and say that!'e is the /~<C'A' b';t~y-
~7U- (- if /. //'Jl - \~ '7-- - . ,
of //{ --~/7~/'~ c:: ee--<"./~~ C ~'
the corporation described in and which executed the above instrument; that he k ows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he siigned his
name thereto by like order. EDWIN R. RIEKERT (' -" /..'l'~~". l
NOTARY PUBLIC, State of New York /~/;/ d/
No. 52"8574~65. Suffolk County / / . -
My commission expires r.nmmi~<::inn F~Dirp." M~rr.h ~o 198:b C /-<.--::<<-{-?/ "'Z ~-
- NOtary Pub ic
19~. before me personally came
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, to me known,
----------------.-----------------------------------------------------
State of
New York
} ss,
County of Nassau
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~ ~ he is an attorney-in-fact of Internat ional Fidelitv Insurance Company
c:
~ the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal
<( affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact
by authority of the Board of Directors of said corporation and by authority of this offiCe under the Standing Resolutions thereof.
(aJ;~'L'b 'f<k~
Notary Publ ic
On this
30th
day of January
,19
86 , before me persomlllly came
R.D. Reuter
to me known, who, being by me duly sworn, did depose and say that
My commission expires
KAREN D. KAUFMAN
NOTARY PUBLIC, Slate oti\!ew York
No, 4811449
,quOllTJed In Nassau County rO'/
CommiSSion Expire's March 30, 19.~~
FORM # 13 25M
, .
.. .
INTERNATmNAL FIDELITY INSURANCE COMPANY
24 COMMERCE ST., NEWARK, NEW JERSEY 07102
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 1984
ASSETS
Bonds (Amortized value) , , .
Common Stocks (Market value) .
Mortgage Loans on Real Estate
Real Esta te
Cash & Bank Deposits
Short Term Investments.
Unpaid Premiums & Assumed Balances.
Reinsurance Recoverable on Loss Payments.
Federal Income Tax Recoverable.
Electronic Data Processing Equipment
Interest & Dividends Due and Accrued
Funds Held in Escrow Accounts
Collateral Funds Held Under Contract
Contract Balances Due and Unpaid
Due from Essex Bonding Agency, Inc.
TOT AL ASSETS
$9,841,634
503,993
154,140
78,640
1,030,139
2.402,609
330,782
571,841
210,000
229,919
421,212
1,623,954
(1,623,954)
47,782
I 2.437
. . . $15,835,128
LIAIBILlTlES, SURPLUS & OTHER FUNDS
Losses (Reported losse~; net as to reinsurance ceded and
incurred but not repo.ted losses) $5.551,620
Loss Adjustments Expenses .,..."...,....,. 1,665,583
Contingent Commissions & Other Similar Charges. . . . 58.715
Other Expenses (Exclujing taxes, licenses and fees) "". 98,822
Taxes, Licenses & Fees (Excluding Federal Income Tax) 143,856
Unearned Premiums . . , . . . . . , . , , . 3,979,284
Funds Held by Company Under Reinsurance Treaties 50,000
Accounts Withheld by Company for Accoun, I' Others. . 97,270
Liability for Unauthorized Reinsurance ,. . . . . . . 29,389
TOTAL LIABILITIES. . . $11,674,539
Capital Paid-Up 1,004,150
Gross Paid-in & Contributed Surplus 380.450
Unassigned Funds (Surplus) . . . . , , , . , . , , , , 2,775,989
Surplus as RegardsPolicyholders ' . , , , , . 4,160,589
TOT AL LIABILITIES, SURPLUS & OTHER FUNDS. , $15,835,128
1, PHILIP KONVITZ, President of International Fidelity Insurance Company, certify that the foregoing is a fair
statement of Assets, Liabilit ies, Surplus and Other Funds of this Company at the close of business, December 31,
1984 as ret1ected by its books and records and as reported in its statement on file with the ln~urance Department
of the State of New Jersey.
IN TESTIMONY WHEREOF ,1 have set my hand and affixed the seal of
the Company this 28tb day February, 1985
INTERNATIONAL FIDELITY INSURANCE COMPANY
(ftfY{J *~
Presiden t
TEL. 12(1) 624-7200
PoWER OF ATTORNEY
International Fidelity Insurance Company
HOME OFFICE: 24 COMMERCE STREET
NEW ARK, NEW JERSEY 07102
BOND NO.
KNOW ALL MEN BY THESE PRESENTS; That International Fidelity Insurance Company, a corporation organized and existing under the
Jaws of the State of New Jersey, and having its principal office in the CJ.ty of Newark, New Jersey, does hereby constitute and appoint
R.D. Reuter, Joseph M. Steinberg, Peter J. Acquavella, Geraldine Hoffman, Robert A. Hattauer
Lynbrook, N.Y.
its true and lawful attorney(s)-jn-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature hereof, which are or may be allowed, required or permitted by law, statute, rule, regulation.
contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said International Fidelity
Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority cf Article 2, - Section 3, of the By-
Laws adopted by the Board of Directors of International Fidelity Insurance Company at a meeting called and held on the 23rd day of December, 1968.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such Attorney-in~fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted ata
meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in
the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument to be signed and
its ;;orporate seal to be affixed by its authorized officer, this Ist.
STATE OF NEW JERSEY
County of Essex
Executive Vice President
day of May
A.D. 1982
On this 1 st. day of May 1982 ~ before me came the individual who executed the preceding instrument, to me personally
known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by
order of the B.oard of Directors of said Company.
...""~.~...H"".,.. /
~;/, ~...,....,..~i9.':"" . IN TES'fIMONY WHEREOF, I have hereunto set my.hand and af~ixed my Official Se~. .7 . 4
.. ~ ,.' ','9 ... at the City of Newark, New Jersey the day and year frrst abovewntten. r./ "~.
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"~:i"~"",-""","'~4.../ My Commission Expires April 14, 1988
'."..'1' IE \\ S ",., CERTIFICATION
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I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now infuU force and effect.
30th January
IN TESTIMONY WHEREOF, I have hereunto set my hand this day of
19 86
~.~.
Assistant Secretary
.
.
COPY fOR YOUR
INFORMATION
t-1~J"
HOLZMACHER, McLENDON and MURRELL, P,C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
- __ - - - _______ __ ._______._.~_._.__.___.. ___. _n_ __________._._._________~_____._____
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516-752-9060
llIC8e
January 29, 1986
JAN 31 _
Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road
P.O. Box 728
Southold, New York 11971
T_ CIIlk SGUIIIIId
Re: Southold Scavenger Waste Treatment Facility
Contract No.4: Electrical Work
C36-1120-03 (SOHT 83-02)
Dear Ms. Terry:
Our office has reviewed your January 23, 1986 correspondence to Mr.
Gary Loesch concerning the Letter of Guarantee provided by McDowell
Electric Corp. for the electrical work on the above referenced pro-
ject.
By contract, the contractors on the project are required to deliver
to the Town a Maintenance Bond equal to one hundred percent of the
total contract price, including all extras. The Maintenance Bond
will remain in effect for one (1) year from the date of the final
payment request. This Maintenance Bond is as detailed on page C-14
of the contract documents, and must be issued by a surety company.
The bond must be delivered to the Town prior to release of the final
payment to the contractor by the Town.
The Letter of Guarantee submitted by McDowell Electric Corp. should
not be accepted as a substitute for the Maintenance Bond. By copy
of this letter, we are requesting that McDowell Electric Corp. sub-
mit the Maintenance Bond, as required by the contract documents, to
the Town.
If any questions arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ oM tfJ~
George W. Desmarais, P.E.
GWD:mad
cc: Supervisor Francis J. Murphy
Andrew McDowell, McDowell Electric Corp.
Melville, New York. Farmingdale, New York. Riverhead, New (ork
.
.
.
JUDlTII T. TERRY
TOWN ('LFR\\:
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 23, 1986
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Plant
McDowell Electric Corporation
Dear Gary:
Attached hereto isa Transmittal Letter from McDowell Electric
Corporation with letter of Guarantee and copy of NY Board of Fire
Underwriters Final Certificate, requesting signatUl'e of the Supervisor.
There will be no action taken on this matter until this office
receives direction from you.
Very truly yours,
k?4/-~
Judith T. ferry
Southold Town Clerk
Enclosure
RECEIVED
. .
McDOWELL ELECTRIC CORPORATION
P. O. Box 216, Edwards Ayenuet
Calverton, New York 11933
516,727.7272
""' 'i'"'
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TRANSMITTAL LETTEIR
Town Clerk Southold
Date_l/ 21 /86
To:
Town of Southold
Town Hall
53095 Main Road
Southold, NY 11971
Job: Scavenger Waste Treatment Facility, Greenport, NY
We transmit herewith lor your-Inlormation
Approval
Files
x
Correction
Return
2
Copies 01
Letter of Guarantee, one copy of
New York Board of Fire Underwriters Final Certificate.
Sheet Nos.
Remarks
Please sign and return of copy of the Letter of
Grarantee.
Enclosed: 3
Yours very truly,
MC"~","'C coc,~
fA ~~ ~
By Andrew McDowell, President
.
.
McDOWELL ELECTRIC CORPORATIION
P.O. BOX 216. EDWARDS AYENUE
CALYERTON, NEW YORK 11933
S115-727-7272
ANDREW McDOWELL
p~eSIOENT
January 21, 1986
LETTER OF GUARANTEE
Town of Southold
Town Hall
53095 Main Road
Southold, New York
11971
Re: Scavenger Waste Treatment Facility, Greenport, New York
Gentlemen:
We hereby guarantee all work installed by this contractor on
the above mentioned project, against defects resulting from
the use of inferior materials, equipment or workmenship for
a period of one year from the date of final acceptance, by
The New York Board of Fire Underwriters Final Certificate
dated, January 13, 1986.
McDOWELL ELECTRIC CORPORATION
tZd;~7;;;'
Andrew McDowell,
Accepted by:
Date:
\.... 11II\ JIII\ ,__ '.uo,u"~V.~J.&\.J.~,ga"LIIi:\"'\J.\J8l\nlRliII\_'JIIl'/lln ,_, 11II\ ,.. JIII\ J_. 1... JIII\ ,.... J.' JI&""" J JI
.1000543
.r;;:g
THE NEW YORK BOARD OF' FIRE UNDERWRITERS
Vat. . January 13,
l't:lIS CER'j""IES THAT
, QftIy the d.,retrietd equipment tI3 described below and introduced by the applicant named' on. the above application number in the prelnises 0/
B~RI;AU OF ELECTRIj:;ITY
BS JOHN STREeT. NEW YORK. NEW YORK 1003B
1986 Application No. onfil. 376006/ .86
N 730517
$6o.tholdSewage Ttea;t;lII€flt.Facility, M::>ore's Lane, Sound Avenue & Route 25, Greenport, N.Y.
,irt thejotlowi"g locotion; 0 ~ement !XI IstFI. 0 2nd Fl. Outside Section Block Lot
::~uiCl$ e~ami~on January 6 J 1986 and found to be in compliance with the requirements of this Board.
F1X1'lJ1l!
OUT\liTS
68
t:!t.EPTAC1ES SWITCHES
flX1UIlE5
INCANDESCENT. flUOfI:fsaNT
,:i8l'
RANGES
AMT. K.W.
COOKiNG DECKS
AMT. K.W.
OVENS
DISH WASHERS EXHAUST FANS
AMT. K.W.
AMT
K.W.
AMT
HI'.
15 20
8 38
9 F
'DRYI'RS.
AM}, K.W
FURNACE MOTORS
fUTURE APPlIANCE FEEDERS SPECIAL REe'PT TIME CLOCKS
Oil
H,P. GAS
H.P.
AMY.
NO.
A. W. G. AMY. AMP. AMT. AMPS,
BEl.
TRANS.
UNIT HEATERS MUlTl-OUtlET
SYSTEMS
AMT. H.I>. NO. Of FEET
DIMMERS
AMT. WATTS
~~~Vl<::EDj5(!)N!'IECT
,AMY:
/WIP.
TYf'f
~.~ S E
:::. 1~'ZW, lj6JW J,63W JAAW NO'O~ic.wCONO.
1
400
sw
x
1
R V C E
OF 't(:~i:8NO NO. Of 11I.LEG A. W. G. NO. Of NEUTRALS A.W.G.
Of HI-LEG OF NEUTRAL
500 M:M 1 500 M:M 1 500 M:M
~ dnIO: ARAIUS:
~torsl I~F, 4-lbp, 2-2hp, l-3hp, 4-5hp, 4~7ihp, 1-15hp
'rr;Msf{)Imer: 1-45 !<VA, 1-15 KVA
Pan~iboardsl 1-:38cir. 225aiqJs, l-l6cir. l00amps,i 2-Scir. l00anps.
Electric lilDom Heaters: 1-10.Okw l-6.0kw, 6-.50kw, 2-2.0kw, 2-1.5kw, l-l.3kw,
.3-ElmrgE!lCY Light Units, 22-H.P.S. .
_. MANAGER
p" D Oft;
thi(certificate mvst not be altered in any manner;- return to the office of the Board if incorrect. Inspectors may be identified by their credentials.
McDowell Electric.. Corp.
Box 216 EclwaJ:'ds Avenue
Calv~ton, N.Y. 11933
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Lic. 213E
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.
.
McDOWELL ELECfRIC CORPORATION
P.O. BOX 216, EDWARDS AYENUE
CALVERTON, NEW YORK 11933
516-727-7272
ANDREW McDOWELL
PRESIDENT
January 21, 1986
LETTER OF GUARANTEE
Town of Southold
Town HaIl
53095 Main Road
Southold, New York
11971
Re: Scavenger Waste Treatment Facility, Greenport, New York
Gentlemen:
We hereby guarantee all work installed by this contractor on
the above mentioned project, against defects resulting from
the use of inferior materials, equipment or workmenship for
a period of one year from the date of final acceptance, by
The New York Board of Fire Underwriters Final Certificate
dated, January 13, 1986,
McDOWELL ELECTRIC
~~~
Andrew McDowell,
Accepted by:
Date:
~''''''''''/III\/III\7IIrr1IIrt"7Drt'9!\/III\/''''IlII\/I.iI\'III'/''''''''/jl''/IIl'I''''III\/III\'""/""'III\/III\"II\''''''III'''''\'''''/III\/III\~lIIrr7lll'r1mr71llt''''\'IIl\JIII'}III'}1Il\1lIll7DlfIDrr7Dl\J1'1\}"'\J~I
THE NEW YORK BOARD OF FIRE UNDERWRITERS
1000543 BUREAU OF ELECTRICITY
~
!~ 85 JOHN STREET. NEW YORK, NEW YORK tOO38
Dare January 13, 1986 Application /\'0. onJile 376006/ 86 N 730517
THIS CERTIFIES THAT
only the electrical equipment as described below and introduced by the applicant named on the above application number in the premises oj
Southold Sewage Treatment Facility, !.bore I s Lane, Sound Avenue & Route 25, Greenport , N.Y.
in the follOldnf! location; Ii !XI 1st Fl. D 2nd n Outside Section Block lA>'
~ Ba.<Jement
1('1,.... f~X(I1I1j,l(,d on January 6, 1986 andJound to be in campliancl> 't-'irh tile requirement... of thi... /Joard.
FIXTURE SWITCHES I FIXTURES RANGES COOKING DECKS OVENS IDISH WASHERS EXHAUST FANS
OUTLETS RECEPTACLES :INCANDESCENT flUORESCENT M~~~T '-MT. K.W. AMT <.w '-M' <w AMT I K.W AMT <,
I r--m I
68 15 20 8 38 9 F
DRYERS FURNACE MOTORS I FUTURE APPLIANCE FEEDERS SPECIALREC'PT TIME CLOCKS BELL UNIT HEATERS MULTI-OUTlET DIMMERS
1--..."" i TRANS. SYSTEMS
AMI. <.w OIL H. P. G" <, AM' NO. A.W.G. '-MT. '-M' '-MT. AMPS. '-MT < , NO. OF FEET AMT. WATTS
I
SERVICE DISCONNECT NO.OF S E R V I C E
METER NO. OF CC. CONDo A.W.G. O~'~'l~'G _k~' OF NEUUAlS I ol'N'10*'Al
'-MT. '-M'. TY" EQUIP. TA7W lj83W 3j83W 3j8AW PERH OF CC. CONDo NO. OF HHEG
1 400 SW X 1 500 M.;M 1 500 M.;M i 1 I 500 !.eM
OTHER APPARATUS:
M::>tors: l2-F, 4-lhp, 2-2hp, l-3hp, 4-5hp, 4-7!hp, l-15hp
Transformer: 1-45 KVA, 1-15 KVA
Panelboards: 1-38cir. 225amps, l-16cir. 100amps, 2-8cir. l00amps.
Electric Room Heaters: l-10.Okw l-6.0kw, 6-.50kw, 2-2.0kw, 2-1. 5kw, l-1.3kw.
3-Elnergency Light Units, 22-H.P.S.
- -
Mclbwe11 Electric Corp. ~~o{
Box 216 Edwards Avenue
Calverton, N.Y. 11933 Lie. 213E GENERAL MANAGER
D V>>i
p"
I This certificate must not be altered in ony manner; return to the office of the Board if incorrect. Inspectors moy be identified by their credentials..
,
.
.
I ill"""Jlmlll\ ,.' '.U.' ,., ,., "" """""">lit ""JIlt '.' ,.' '.' ,., ,., '., '., '.' '., '.' ,., ~, ,., '.U.' '., '!I'} "" '.' '., ,., = '.' '.\l.""'.ll.ll~.ll.U.".".".".".U."."1
I THE NEW YORK BOARD OF FIRE UNDERWRITERS
1000543 BUREAU OF ELECTRICITY
I irrg 85 JOHN STREET. NEW YORK, NEW YORK 10038
Dale January 13, 1986 Application No. on file 376006/ 86 N 730517
I THIS CERTIFIES THAT
only the electrical equipment a3 described below and introduced by the applicant nam.ed on the above application number in the premises oj
I Southold Sewage Treatment Facility, M:>ore's Lane, Sound Avenue & Route 25, Greenport, N.Y.
in thefof/ott.jng location; ~ Base,nent IX] IslFl. o 2nd f'l. Outside Section Block Lnt
wa.~ f!X(Huined on January 6, 1986 and found to be in compliance witll the rf'quiremenrs of thi.'llloard.
FIXTURE ECEPTACLES SWITCHES FIXTURES RANGES COOKING DECKS OVENS DISH WASHERS EXHAUST FANS
OUTLETS :INCANDE~CENT FlUORESCENT ME un >.MT. AMT. (,W, AMT I AMT "'
V-.PQR JCW, K.W. >.M' <w
__u f8
68 15 20 38 I 9 F
I
u ~
I DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS SPECIAL REC'PT TIME CLOCKS BEll UNIT HEATERS MUL T1.0UTLET DIMMERS
AM" I K.W TRANS.' AM, SYSTEMS AM,. : WAlTS
Ole "' GAS H' AM' NO. A.W.G >.MT >.M'. >.MT. >.M'S H' NO. OF FEET
1---. 1
!
,
,
f---.l. ~
SERVICE DISCONNECT NO.OF S E R V I C E
>.MT. I METER NO. OF CC. CONDo A.W.G. NO. OF HI'L~ O~'I~\rG ! NO. OF NEUTRALS A,W,G.
>.M' TYP' EQUIP. 1.Jr2W 1j/f3W 3.3W 3j/f~W PERZ OF ce, COND OF NEUTRAL
roo I
1 I 400 SW X 1 500 M;M 1 i 500 lICMi 1 500 lICM
I OTHfIl' _APPAJtA_TU~' I
I lIbtors: l2-F, 4-1hp, 2-2hp, l-3hp, 4-5hp, 4-7!hp, l-15hp
Transformer: 1-45 KVA, 1-15 KVA
Pane1boards: 1-38cir. 225amps, l-16cir. 100amps, 2-8cir. looamps.
Electric Room Heaters: 1-10.0kw l-6.0kw, 6-.50kw, 2-2.0kw, 2-1. 5kw, l-1.3kw.
3-Eh1ergency Light Units, 22-H.P.S.
- -
1 ~~~
McIX:lwe11 Electric Corp.
Box 216 Edwards Avenue
Ca1verton, N.Y. 11933 Lie. 2l3E GENERAL MANAGER
D {jJ f;;
Per__._____ / .__
This certificate must not be altered in any manner; return to the office of the Board if incorrect. Inspectors may be identified by their credentials.
.
.
.
.
n} l(~'-., ,'},,~..
.... ", ; ., I' '; "'.\'
,~? L-::;:~' -,'- ':,"~
HOLZMACHER, McLENDON and MURRELL, P,C,' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
--~--_.._--._..._._- --.------.-..-------
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516.752-9060
December 26, 1985
o)\~ ~ ff\ iliEGITil
."
~! JAN _ 2 1986 ' ,
u l ~-~--~-, --'
TOWN c:~ ~C;Ji...;':',-J
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Supervisor Murphy:
On Friday, December 13, 1985, NYSDEC inspected the above referenced
project. Based on my discussions that day with Mr. Raymond Zeltmann
and Mr. Thomas Vickerson of NYSDEC 'the project is considered "sub-
stantially complete" as of 4: 30 P on December 13, 1985. Mr.
Zeltmann stated that he would f ward a letter to your attention
with the observations of the i spection and for the recommendation
of "substantial completion".
Our office is in the process(of preparing the "punch list" for un-
finished work of each of the~tors on the project. The plant
is presently being operated on a 24-hour basis with water for test-
ing of all the mechanical equipment. Durin'" this testing period,
the operator training will be conducted.
If any questions arise regarding the above, please contact our of-
fice at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
4x~~
George W. Desmarais, P.E.
--"'~---
GWD:mad
/: 0._~~rtP.
cc: Town Board
r.=-c..- J/;f" -~ ~7
Melville, New York. Farmingdale, New York. Riverhead, New York
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P,O. Box 728
Southold, New Yark 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 8, 1986
George W. Desmarais, P.E.
Holzmacher, McLendon & Murrell, P. C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
Contract No.4: Electrical Work
Change Order No. 1
C36-1120-03 (SOHT 83-02)
Dear George:
Transmitted herewith are five (5) executed copies of the McDowell
Electric Corp. Change Order No.1, executed by Supervisor Murphy
by authorization of the Southold Town Board on January 7, 1986.
Very truly yours,
~~;r--
Judith T. Terry
Southold Town Clerk
Enclosures (5)
.
.
tl~M
HOLZMACHER, McLENDON and MURRELL, P.C,' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
. ----._.~._--_. _._._-----~-_..._--_._,,---,._,.._- ..--..---.-. .~._---_._-_..~----_._-----_.-
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747 . 516.752.9060
December 31, 1985
,
1:
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, ,
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Jttf - 3 198ti
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
i u -~r(':::-..:.."';:-;; r';u.:;;~;:' ;~# \
,,)'tivi'"'_;....-v l"VI.~V i
t...-..._.___~__"__.......__~
Re: Southold Scavenger Waste Treatment Facility
Contract No.4: Electrical Work
Change Order No. 1
C36-1120-03 (SOHT 83-02)
Gentlemen:
Enclosed please find six (6) copies of the proposal submitted by
McDowell Electric Corp. for performance of "extra" work on the
above referenced project (Change Order No.1). The work includ-
ed in Change Order No. 1 is as detailed in the enclosed document-
ation of the description, reasons and cost estimates for the work
provided.
Our office has reviewed the extra work and cost proposal (Change
Order No.1), and found them to be satisfactory. Please be ad-
vised that State and Federal reimbursement for this and future
change orders will be drawn from the 5% contingency fund allo-
cated to this project. Reimbursement is subject to NYSDEC ap-
proval. Our office will submit a description, cost and reason
for all change orders to NYSDEC for their approval.
Please execute Change Order No. 1 and return five (5) copies to
our office so that we may forward it to NYSDEC for their approval.
Should any questions arise regarding the above, please contact
our office.
very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
/~y~~
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead, New York
01
~.
.-. .
ttlM HOLZMACHER, McLENDON & MURRELL. P,C.
.
December 20, 1985
CHANGE ORDER NO. 1
CONTRACT NO.4:
Electrical Work
C36-1120-03
PROJECT:
Southold Scavenger Waste Treatment Facility
CONTRACTOR:
McDowell Electric Corp.
P.O. Box 216, Edwards Avenue
Calverton, New York 11933
Contact: Mr. Andrew McDowell
(516) 727-7272
OWNER:
Town of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
H2M/Holzmacher, McLendon & Murrell, P,C.
125 Baylis Road, Suite 140
Melville, New York 11747
Contact: Mr. George W. Desmarais, P.E.
(516) 752-9060
DESCRIPTION OF CHANGE ORDER
This change order entails the following item(s):
A) Furnishing and installation of 100-amp, single-phase,
service for covered sludge drying bed building.
REASONS FOR MODIFICATION
A) The covered sludge drying bed building requires the usage
of a motorized louver and roof exhaust fan for ventilation.
The electrical design drawings call,ed for these fixtures
to be hooked up electrically to the Village of Greenport
utility system, Village requiremen'ts call for a separate
-1-
..
~ .
Il~ HOLZMACHER, McLENDON & MURRELl., P,C.
.
CHANGE ORDER NO.1 (CONT'D.)
meter system, meter pan, circuit breaker, ground rods and
miscellaneous hardware to isolate the service from the
existing village electrical system.
CONTRACTOR'S PROPOSAL
A) McDowell Electric Corp. Work
Provide 100-amp, single-phase service
for sludge building:
- Total Material $300.00
- Total Labor 500.00
Total Item (A) $800.00
TOTAL NET COST OF CHANGE ORDER NO.1. . . . . . , . $800,00
As a result of the above Change Order, the total contract
amount will change from $97,797.00 to $98,597.00. The Engineer
has reviewed this change, and finds it to be in order.
DATE: )/7/ F6
I I
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ENGINEER: ~
H/&~'
DATE:
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Fideli~ and Deposit C~mpany
HOME OFFICE OF MARYLAND BALTf,'10RE, MD. 21203
(
General Form Statns Inqudry
r-;own of southold, New York
Main Road
Southold, New York 11971
_naroom'hor 1:()
19
R~
OUFl BOND NO.
608 14 90
L
FOLD
"m CONTRACTOR:
Ferran Concrete Co. Inc.
93 Allen Blvd., Farmingdale, NY 11735
DESCRIPTION:
Fed Proj. No. C-36-1120-03 Contr. No.1 Gen Const. & Mech Wk Town of
Southold Wastewater Disposal Dist Scavenger waste treatment facility
OWNER:
Town of Southold
CONTRACT PRICE $1.9<;7.000.
BONDIS) ~1.q<;7 nnn_EFFECTIVE DATE v,l1]/111
WITHOUT PREJUDICING YOUR RIGHTS OR AFFECTING OUR LIABILITY UNDER OUR
BONDCS) DESCRIBED ABOVE. WE WOULD APPRECIATE SUCH OF THE FOLLOWING
INFORMATION AS IS NOW AVAILABLE.
VERY TRULY YOURS.
BY ~1.LcLL';:' t2Lbu tfj)
Teresa F. Allen, Sr. Contract Underwrit,
1. IF CONTRACT COMPLETED. PLEASE STATE:
APPROXIMATE DATE OF COMPLETION OF WORK lOR FINAL DELIVERY)
APPROXIMATE ACCEPTANCE OATE
FINAL CONTRACT PRICE $
FOLD
"m 2. IF CONTRACT UNCOMPLETED. PLEASE STATE:
APPROXIMATE PERCENTAGE OR DOLLAR AMOUNT OF CONTRACT
COMPLETED OR DELIVERED 90%
3. DO YOU KNOW OF UNPAID BILLS FOR LABOR OR MATERIAL? CCHECK)
YES, NO
4. REMARKS: (IF ANY)
SEE ATTACHED
/' d~~.
SIGNATURE?:"4-1-.th ~ ;:/-, J/.--?~-f
V udith T. Terry c;7
TI TLE Southold Town Clerk
It is understood that the information contained herein is furnished as a matter
of courtesy for the confidential use of the surety and is merely an expression of
opinion. It is also alt'reed that in furnishinK this information, no guaranty or warranty
ot accuracy or correctness is made and no responllibility ill allllumed as a result of
teILancf; hy the surety, whether such information is furnished by the owner or by an
architect or engine..r all the agent of the owner.
DATE
January 3
19~
PLEASE RETURN INQUIRY TO:
C315L-REV, 7.78
General Form Status Inquiry-Federal calles to be submitted
in duplicate. Stamped addressed envelopes to be attached.
S15541
FIDELITY AND OEPOSIT COMPANY OF MARYLANO
1460 Broad Street
Bloomfield, Ne'^, Jersey 07003
Attn: Contrac.t Dept.
.
.
JUDITH 1. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
STATUS - FERRAN CONCRETE CO.
$1,957,000.00 - Original Contract
1,031.70 - Change Order 111
6,253.69 - Change Order 112
10,055.01 - Change Order 113
$1,974,340.40 - Present Cont\"act Amount
Listing of amounts which will not be paid due to MBE/WBE non-compliance
and not finishing work by 9/30/85:
Deductions
$ 39,486.80 - 2% MWE goal
$197,434.04 - 10% MBE goal
$ 43,400.00 - $350.00 per day penalty for not completing by 9/30/85,
estimated through 1/31/86.
$280,320.84 - will not be paid
$1,974,340.40 - present contract amount
280,320.84 - will not be paid
$1,694,019.56 - estimated total to be paid to Ferran Concrete Co.
1
~&1~Cf~~~~~~
",.. ome, OF MARYUND .""..". ". om r:fVur'
General Form Statns Inqlliry ~ 7f~
~Town of Southoldr New York
Main Road
Southold, New York 11971
_nOr""omno"r 'l.n
19
AI;
(
OUR BOND NO.
608 14 90
L
FOLD
"'" CONTRACTOR:
Ferran Concrete Co. Inc.
93 Allen Blvd., Farmingdale, NY 11735
DESCRIPTION:
Fed Proj. No. C-36-1120-03 Contr. No.1 Gen Const. & Mech Wk Town of
Southold Wastewater Disposal Dist Scavenger 'N'aste treatment facility
OIlllNER:
Town of Southold
CONTRACT PRICE S1.'lS7.000,
BONDIS) !':1 r'l<;7rnnn_EFFECTIVE DATE '.'/'1/111
IIIIITHOUT PREJUDICING YOUR RIGHTS OR AFFECTING OUR LIABILITY UNDER OUR
BONOIS) DESCRIBEO ABOVE. IIIIE IIIIOULD APPRECIATE SUCH OF THE FOLLOWING
INFORMATION AS IS NOW AVAILABLE.
VERY TRULY YOURS.
BY :liUAA' ;; IUiuv i:lJ
Teresa F. Allen, Sr. Contract Underwrit
1. IF CONTRACT COMPLETED. PLEASE STATE:
APPROXIMATE DATE OF COMPLETION OF IIIIORK lOR FINAL OELIVERY)__,
APPROXIMATE ACCEPTANCE DATE
FINAL CONTRACT PRICE $
FOLD
HERE
2. IF CONTRACT UNCOMPLETED. PLEASE STATE:
APPROXIMATE PERCENTAGE OR DOLL~ AMOUNT
COMPLETED OR OELIVEREO ~~o
OF CONTRACT
3. DO YOU KNOW OF UNPAIO BILLS FOR LABOR OR MATERIAL? (CHECK)
YES, NO X
4. REMARKS: (IF ANY)
~,,_ dL/C a;(z;;;/~e.-/ /
SIGNATURE
It ill understood that the information contained herein is furnished as a matter
of courtesy for the confidential use of the surety llnd is merely an expression of
opinion. It is also agreed that in fl.lrnishing this information,no guarllntyor warranty
oj accuracy or correctnes9 is m",de and no responsibility is assumed as a result of
reliance by the surety, whether such information is furnished by the owner or by an
architect or engined as the agent of the owner.
TI TLE
DATE
19_
PLEASE RETURN INQUIRY TO:
C315L-REV.7.78
General Form Status Inquiry-Federal cases to be submitted
in duplicate. Stamped addressed envelopes to be attached.
515541
FIDELITY ANO DE:POSIT COMPANY OF MARYLAND
1460 Broad Street
Bloomfield, Nel-7 Jersey 07003
Attn: Contract: Dept.
.
.
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HOLZMACHER, McLENDON and MURRELL. P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 1'747' 516.752.9060
January 2, 1986
RECEIVED
JAN 31986
Town Ch.... Snutflold
Mr. Lloyd Murdock
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction and Mechanical Work
SOHT 83-02
Dear Mr. Murdock:
The Town of Southold is in receipt of the Notice of Cancellation
of your General Liability Insurance Policy on the above referenced
project.
Please note that, since you have not complet.ed your contract, your
General Liability Insurance should be renewed for the time period
required by your forces to complete all items on the punch list.
Your current policy terminates on January 6, 1986; therefore, we
request that you renew your insurance policy prior to that date.
If you have any questions concerning the above, please contact
George Desmarais or the writer at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
h&.::7
Gary E. Loesch, P.E.
GEL:mad
cc: Supervisor Francis J. Murphy
Robert W. Tasker, Esq.
",<Tudi th Terry
MelvIlle. New York. Farmmgda1e. New York. Alverhead. Ne..... York
.
.
JUDITH T. TERRY
TOWN CLERK
RE:GISTRAR OF VITAL STA.TISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
December 30, 1985
George W. Desmarais, P.E.
Holzmacher, McLendon & Murrell P. C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction and Mechanical Work
Change Order No. 3
C36-112o-03 (SOHT 83-02)
Dear George:
As authorized by the Southold Town Board at a regular meeting
held on December 27, 1985, transmitted herewith are four (4) executed
Change Order No. 3 with respect to Ferran Concnete and the above-
captioned project.
Very truly YOUlrs,
~~tr--
Judith T. Terry
Southold Town Clerk
Enclosures (4)
~ ~/ i{::,~n=7'6~:1-.'-~"~".'._-'_.
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HOLZMACHER,M~~E_~D~N.and.M~.R.~ELL:~C . C()NSUL.il:N~-ENGI N.~~R.~c~NVI~)NMEN:~~~.2I'!.M?fl~ ':!::J
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125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060
December 18, 1985
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction and Mechanical Work
Change Order No. 3
C36-1120-03 (SOHT 83-02)
Gentlemen:
Enclosed please find five (5) copies of the proposal submitted by
Ferran Concrete for performance of "extra" work on the above ref-
erenced project (Change Order No.3). The work included in Change
Order No. 3 is as detailed in the enclosed documentation of the
description, reasons and cost estimates for t:he work provided.
Our office has reviewed the extra work and cost proposal (Change
Order No.3), and found them to be satisfactory. Please be ad-
vised that State and Federal reimbursement for this and future
change orders will be drawn from the 5% contingency fund allo-
cated to this project. Reimbursement is sub~lect to NYSDEC ap-
proval. Our office will submit a description, cost and reason
for all change orders to NYSDEC for their approval.
Please execute Change Order No.3 and return four (4) copies to
our office so that we may forward it to NYSDEC for their approval.
Should any questions arise regarding the above, please contact our
office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
ry Y f]oLnf4Ad< 4-/~
George W. Desmarais, P.E.
t' ,~
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Enclosures
f:L,
cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead, New York
~ .
.
t-QM HOLZMACHER, McLENDON & MURRELL, P,C.
.
NOV 1 5 1985
November 13, 1985
CHANGE ORDER NO. 3
CONTRACT NO.1:
General Construction and Mechanical Work
C36-1120-03
PROJECT:
Southold Scavenger Wast:e Treatment Facility
CONTRACTOR:
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Contact: Mr. Lloyd Murdock
(516) 249-4975
OWNER:
Town of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
H2M/Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Contact: Mr. George W.. Desmarais, P.E.
(516) 752-9060
DESCRIPTION OF CHANGE ORDER
This change order entails the following item(s):
A) Relocation of process piping from the head box return
line to the equalization tank.
B) Extension of sludge piping further into the bays of
the covered sludge drying bed building.
C) Relocation of sludge piping from sludge transfer
pumps to existing sludge distribution manhole.
D) Alteration of process piping from grit chamber to
equalization tank.
1.
" .
.
~ HOlZMACHER, McLENDON & MURIlELL. P.C,
.
CHANGE ORDER NO. 3 (CONTINUED)
E) Upgrading of existing force main line from sludge bed
filtrate manhole to influent chamber of existing sewage
treatment plant.
F) Installation of standpipe to accommodate liquid level
indicator of digester tank.
REASONS FOR MODIFICATIONS
A) The 6-inch diameter cement lined ductile iron process
line from the head box to the equalization tank required
relocation. This relocation involved locating the pro-
cess line around the northwest valve pit of the equali-
zation tank and included installation of additional 450
elbows and a 4-foot section of 6-inch diameter pipe.
B) The two 6-inch diameter glass lined ductile iron sludge
lines were extended 10 feet into each bay of the covered
sludge drying bed. This was required to relocate the
discharge elbows away from the entrance ramps and to
center the elbows in the sludge bed, thereby resulting
in better distribution of the sludge liquid to the
entire sludge bed. This extension included a total of
20 linear feet of sludge piping.
C) The 4-inch diameter glass lined ductile iron sludge line
from the sludge transfer pumps to the sludge distribution
manhole required relocation around the existing Photo-
circuits waste feed tank at the Village of Greenport
sewage treatment plant. The existing waste feed tank was
not located on the design drawings piping layout. This
relocation required 25 linear feet of sludge piping.
D) The l2-inch diameter cement lined ductile iron process
line from the grit chamber to the east bay of the equal-
ization tank required alteration. Because of the complex
piping arrangement between the treatment building and the
equalization tank, the 12-inch influent line to the equal-
ization tank required alteration so as not to interfere
with the adjacent piping and to correctly align the piping
with the sleeve locations detailed on the design drawings.
E) The existing I-inch diameter cast iron force main at the
Village of Greenport sewage treatment plant required up-
grading. The force main is utilized to transport the
existing sludge bed filtrate to the influent chamber of
the existing plant. The filtrate manhole collects the
2 .
"
.
I-'tlM HOLZMACHER, McLENDON & MURRELL, P,C,
.
CHANGE ORDER NO. 3 (CONTINUED)
filtrate from the existing open and covered sludge beds
with a surface area of approximately 8,195 square feet.
The existing pump then transports the filtrate through
the I-inch force main. The proposed scavenger waste
facility included open and covered sludge drying beds
with a surface area of approximately 8,000 square feet.
The filtrate from these beds is transported to the
existing filtrate manhole. In order to provide ade-
quate capacity for the proposed open and covered sludge
drying beds filtrate, the existing force main was up-
graded to a 3-inch diameter PVC pressure pipe force
main. This required the installation of 310 linear
feet of SCH 80 PVC pipe, fittings, valves, bends and
elbows.
F) An 8-inch diameter cement-lined ductile iron standpipe
was installed to accommodate the liquid level indicator
for the digester tank. The standpipe was installed in
the digester mechanical room to ensure accuracy of the
liquid level indicator, and protrudes through the con-
crete ceiling of the building. This will ensure the
accuracy of the indicator and was installed in lieu of
locating the indicator between the tank wall and di-
gester cover skirt.
CONTRACTOR'S PROPOSAL
A) James McCullagh Co., Inc. Work
Relocate 6" diameter process pipe from head
box to equalization tank:
Total Material
Total Labor
Subtotal
15% Combined Overhead & Profit
$ 220.00
201.42
$ 421.42
63.21
Total James McCullagh Co., Inc. Work
10% Overhead - Ferran Concrete
$ 484.63
48.46
TOTAL ITEM (A)
$ 533.09
B) James McCullagh Co., Inc. Work
Extend 6" diameter covered sludge bed
piping. Excavation at 3' deep. Unit
price based on contract proposal.
20 LF installed x $25.00/LF
$ 500.00
3 .
~
.
~ HOLZMACHER, McLENDON & MURRELl. P.C,
.
CHANGE ORDER NO. 3 (CONTINUED)
C) James McCullagh Co., Inc. Work
Relocate 4" diameter sludge line around
existing waste feed tank. Excavation at
3' deep. Unit price based on contract
proposal.
25 LF installed x $23.00/LF
D) James McCullagh Co., Inc. Work
Relocate 12" diameter process pipe from
grit chamber to equalization tank.
Total Material
Total Labor
Subtotal
15% Combined Overhead & Profit
Total James McCullagh Co., Inc. Work
10% Overhead - Ferran Concrete
TOTAL ITEM (D)
E) James McCullagh Co., Inc. Work
Upgrade existing filtrate manhole force
main to 3" diameter SCH 80 PVC.
Total Material
Total Labor
Subtotal
15% Combined Overhead & Profit
Total James McCullagh Co., Inc. Work
10% Overhead - Ferran Concrete
TOTAL ITEM (E)
F) James McCullagh Co., Inc. Work
Install 8" diameter standpipe for liquid
level indicator of digester tank.
Total Material
Total Labor
Subtotal
15% Combined Overhead & Profit
4 .
$ 575.00
$ 558.00
414.63
$ 972.63
145.89
$1,118.52
111.85
$1,230.37
$1,209.00
3,543.33
$4,752.33
712.84
$5,465.17
546.51
$6,011. 68
$ 510.00
442.47
$ 952.47
142.87
.... ., -
.
~ HOLZMACHER. McLENDON & MURRELL. P,C.
.
CHANGE ORDER NO. 3 (CONTINUED)
F) (Continued)
Total James McCullagh Co., Inc. Work
10% Overhead - Ferran Concrete
$1,095.34
109.53
TOTAL ITEM (F)
$1,204.87
TOTAL NET COST OF CHANGE ORDER NO.3. . . . . .$10,055.01
As a result of the above change order, the total contract
amount will change from $1,964,285.39 to $1,974,340.40. The
Engineer has reviewed this change, and finds it to be in order.
APPROVAL BY:
DATE: /Q./617/,f7..s-
, ,
ENGINEER:~tflJ'. ;tJ~
DATE: 77('-
DATE: ~ofj/tS
5.
.
.
~~
COPl fOR tOUR
'NFORMATlON
HOLZMACHER, McLENDON and MURRELL, P.C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516.752.9060
December 26, 1985
RECEIViD
DEe 2 7_
Town C1erlt SouthoId
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechanical Work
C36-1120-03 (SOHT 83-02)
Dear Supervisor Murphy:
On Friday, December 13, 1985, NYSDEC inspected the above referenced
project. Based on my discussions that day with Mr. Raymond Zeltmann
and Mr. Thomas Vickerson of NYSDEC, the project is considered "sub-
stantially complete" as of 4:30 PM on December 13, 1985. Mr.
Zeltmann stated that he would forward a letter to your attention
with the observations of the inspection and for the recommendation
of "substantial completion".
Our office is in the process of preparing the "punch list" for un-
finished work of each of the contractors on the project. The plant
is presently being operated on a 24-hour basis with water for test-
ing of all the mechanical equipment. During this testing period,
the operator training will be conducted.
If any questions arise regarding the above, please contact our of-
fice at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~x~tL
George W. Desmarais, P.E.
GWD:mad
cc: Aown Board
Mel"me. New York. Farml!lgdale. New York. Riverhe8d, New York
SELECT PLRNNING, LTD.
20 CROSSWRYS PRRK NORTH
WOODBURY, NY 11797
THIS CERTIFICATE IS ISSUED AS A MATTER 01' INI'OIlIIATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CEllTlPlCATE DOES NOT AllEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELDW,
COMPANIES AFFORDING COVERAGE
INSURED
FERRRN CONCRETE CO., INC.
93 RLLEN BOULEVRRD
FRRMINGDRLE, NY 11735
COMPANY A
LETTER ZURICH INSURRNCE CO
COMPANY .
LETTER RMERICRN GURRRNTEE
COMPANY C
LETTER HRRTFORD
COMPANY D
lETTER
THIS IS TD CERTIFY THAT POLICIES OF INSURANCE USTED SELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE I'OUCY PERIODINllICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHlCH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE T_, EXCLUSIONS, AND C0NDI-
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POlICY EXPIFIA TION
DATE (MMIOOIYY) DATE (MMIDO/VY)
LIABILITY LIMITS IN THOUSANDS
H AGGReGATE
GENERAL LIABILITY
X COMPREHENSIVE FORM
X PREMISES/OPERAT1ONS
UNDERGROUNO
EXPLOSION & COLLAPSE HAZARO
X PROOUCTSlCOMPLETEO OPfRATlONS
X CONTRACTUAl
X INDEPENOENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAl INJURY
$1 MIL
CGL 31-75-281-00
$500, $500,
/
g~t~ED $ $
PERSONAL INJURY
AUTOMOBILE LIABILITY
ANY AUTO
AlL OWNED AUTOS (PRIV. PASS.)
AlL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUT05
NON-OWNED AUTOS
GARAGE lIABlLITY
BRP 31-71-248-01
""LV
~"""" $
....,
11/23/8 11/23/8 """....NI) $
~~aWV $
81&PD $
COMBINED 1
12HUVW1476
4/1/85 4/1/86 &t~NEO $10
WORKERS' COMPENSATION
AND
EMPLOYERS' UABIUTY
STATUTORY
WC 31-71-214-03
4/1/85 4/1/86
, (EACH ACCIDENT)
(DISEASE-POLK:\' lIMIl)
(DISEASE-EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS
SOUTH HOLD SCRVENGER WRSTE TRERTMENT FRCILITY, GREENPORT, NY (SEE OVER)
* RDDITIONRL INSURED, TOWN OF SOUTH HOLD RND VILLRGE OF GREENPORT
TOWN OF SOUTHHOLD
TOWN HRLL
SOUTHHOLD, NY 11971
IXlZURICH INSURANCE COMPANY
DAMERICAN GUARANTEE ANO LIABILITY I/' 1ANCE COMPANY
DAMERICAN ZURICH INSURANCE COMPANY
o
NOTICE O~ IlEINSTATEMENT
OF CA....;ELED POLICY
Date of Reinstatement
01/06/86
INAME AND ADDI1ESS OF INSURED)
12:01 A.M., standard time at the address of the named insured
TOWN OF SOUTH OLD/TOWN BOARD OF
SOUTHOLD TOWN HALL
HOLZMACHER, MCLENDON & MURRELL P.C.
SOUTHOLD, N. Y. 11971
Policy No. OCP 3178290-01
Agency 60-601
_ You are hereby notified that the policy, herein designated, issued to you by the above named company, and canceled effective
, is hereby reinstated and remains in full force and effect as of the above reinstate-
men! date.
01/06/86
This reinstatement shall not be effective with respect to any accident or loss, covered by the designated policy, if such accident
or loss occurred during the period of said cancelation and date of reinstatement.
COPY SENT TO ...
Respectfully,
RECENED
..~..""~!J.!........~.,,,..,..,...............
Authori,ed Representative
JAN 1 0 '1980
U-G U-2269-A
Town Cleric SouthoId
ORIGINAL
-
INew Ye'"
~ 2j fficn'J <--
AY..e4~
, ""2"'1
/~r',f'--,-
N"-'CE OF CANCElLATION OR NONRENE""L
OF
GENERAL LIABILITY
POLICY NO.
ISSUED THROUGH AGENCY OR OFFICE AT;
K I NO Of POLICY
CANCELLATION OR TERMINATION Will TAKE EFFECT AT:
lDA,TE) (HOUR-STANDARD TIME)
DATE OF MAILING
SCHAUMBURG, IL 60-601
01/06/36
12:01 Ai'i
12/19/0J
OCt' 3178290-01
RklMD
INSURANCE
COMPANY
ZURICH INSURANCE COMPANY
DEe 2 3
Tewn CIett So..thoIcI
NAME AND .
ADDRESS
OF INSURED.
TOWN OF SOUTHOLD/TOWN BOARD OF SOUTHOLD
TOWN HALL
HOLZMACHER, MCLENDON & MURRELL P.C.
SOUTHOLD, N. Y. 11971
CONTRACTOR: FERRAN CONCRETE CO.,
INC. ,
(Applicable item m.rted [g])
CANCEL-
LATION
o You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and fmm the hour
and date mentioned above.
If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective.
If the premium has not been paid, a bill for the premium earned to the time of cancellation will be forwarded in due course.
[X] You are hereby notified in accordance with the terms and conditions of the above mentioned policy, and in accordance with New York law, that your insurance
will cease at and from the hour and date mentioned above.
If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective.
If the premium has not been paid, a bill for the premium earned to the time of cancellation will be forwarded in due course.
Reason{s) for cancellation. See statutory reason(s) designated by Code No(s)._on the reverse side hereof.
Reason(s) for cancellation other than statutory reason(s):-- NONPAYMENT OF PREMIUM -
If cancellation is due to nonpayment of premium, the amount of premium due is $
IF THIS CANCELLATION IS DUE TO NONPAYMENT OF PREMIUM AND YOU HAVE ALREADY MADE PAYMENT OF PREMIUM DUE OR WILL MAKE PAYMENT WITH-
IN 15 DAYS AFTER THE MAILING OF THIS NOTICE. PLEASE CONTACT THIS COMPANY OR YOUR AGENT OR BROKER IMMEDIATELY. ISection 167-0 of fhe
New York Insurance Law states that "nonpayment of premium" means the failure of the named insured to discharge any obligation in connection with
the payment of premiums on a policy of insurance or any installment of such premium, whether the premium is payable directly to the insurer or its
agent. or indirectly under any. premium finance plan or extension of credit. The law further provides that payment to the insurer, or to an agent or
broker authorized to receive such payment, shall be timely if made within 15 days after the mailing to the insured of a notice of cancellation for
nonpayment of premium,)
D You are hereby notified in accordance with New York law that the above mentioned poliCY will expire effective at and from the hour and date mentioned
above and the policy will NOT be renewed.
Reason{sl for nonrenewal: .---
NON-
RENEWAL
IMPGRTANT D Consumer Report: Pursuant to farr credit reporting laws, you are informed that the above action IS taken wholly or partly because of information con.
NOTICE tained in a consumer report, copy of which you may inspect and receive by contacting the following consumer reporting agency:
{NA""E)
(ADDRESSI
SEE REVERSE SIDE FOR IMPORTANT INFORMATION
".~." ~:~~o' SIiPit,
GU 6970f (Ed. 5.80) CQII~BW/~lh~"H,:!~:~sr.:~.., @ 1983
1[f Clll1!~ ,~..
INSURED'S COPY
.. fia;1L~I.lWZ ~
AuthOrized Representative
~
REASONS FOR CANCELLATION
Cancellation is based on one or more of the following which are reproduced from Section 167.a of the New York Insurance law:
Cod.
No.
1 nonpayment of premium;
2 conviction of a crime arising out of acts increasing ~he hazard insured against;
3 discovery of fraud or material misrepresentation in' obtaIning the policy or in the presentation of a claim thereunder;
4 discovery of wilful or reckless acts or omissions increasing the hazard insured against;
5 physical changes in the property insured occurring after i>>.Y.itn~Jalt annual anniversary date of the policy Wilich result in the property
becoming uninsurable in accordance with the insurer's obj~JaIJJIIIOtY applied underwriting standards in effect at the time the policy was
issued or last voluntarily renewed; or
6 a determination by the superintendent that the continuation of the p~licy" ~QYJ.d violate or would place the insurer in violation of this chapter.
...:, . _..J
IMPORTANT INFORMATION _-''''''~F.U9fUREMENT OF CRIME INSURANCE
If the policy being cancelled or not renewed provides crime insurance, such insurance may be available through the Federal Insurance Administration
under the Federal Emergency Management Agency. For information, contact any licensed agent or broker or write or phone: FEDERAL CRIME !NSURANCE
PROGRAM, P.O. Box 41033, Washington, D.C. 20014 Icall TOLL FREE 800.638.87801,
t'
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road-
P.O. Box 728
South old, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 8, 1985
George W. Desmarais, P.E.
Holzmacher, McLendon and Murrell, P. C.
125 Baylis Road, Suite lliO
Melville, New York 117li7
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction and Mechanical Work
Change Order No. 2
C36-1120-03 (SOHT 83-02)
Dear George:
Transmitted herewith are four(li) executed copies of Change Order
No.2, as authorized by the Southold Town Board.
Very truly yours,.
~~r---
Judith T. Terry
Southold Town Clerk
Enclosure (li)
.
.
ti~
ISTS and PLANNERS
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONM
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516.752.9060
October 29, 1985
r"'" fi'f r,! 1\. .hffi:'.. .
--..c_."':<',.c.ll. 'c:, ./1
Iii OCT 3 IIDlIr " if
u U L.~___ IVQiil,U
TOWN 6::::--;0--.1
r~. UTHCLO
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Faci.lity
Contract No.1: General Construction and Mechanical Work
Change Order No. 2
C36-ll20-03 (SOHT 83-02)
Gentlemen:
Enclosed please find five (5) copies of the proposal submitted by
Ferran Concrete for performance of "extra" 1Ii'ork on the above ref-
erenced project (Change Order No.2). The work included in Change
Order No. 2 is as detailed in the enclosed documentation of the
description, reasons and cost estimates for the work provi.ded.
Our office has reviewed the extra work and cost proposal (Change
Order No.2), and found them to be satisfact.ory. Please be ad-
vised that State and Federal reimbursement for this and future
change orders will be drawn from the 5% contingency fund allocated
to this project. Reimbursement is subject to NYSDEC approval.
Out office will submit a description, cost and reason for all
change orders to NYSDEC for their approval.
Please execute Change Order No. 2 and return four (4) copies to
our office so that we may forward it to NYSDEC for their approval.
Should any questions arise regarding the above, please contact our
office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~.Jr fJv2 .1~<LAA <~~
George W. Desmarais, P.E.
GWD:mad
Enclosures
cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead, New York
. ,
. .
~ HOLZMACHER, McLENDON & MURRELL. P,C,
,.
"
,
;1
.
OCT I II9EIi
October 10, 1985
'.;0.'
CHANGE ORDER NO. 2
CONTRACT NO.1:
General Construction and .Mechanical Work
C-36-1120-03
PROJECT:
Southold Scavenger Waste Treatment Facility
CONTRACTOR:
Ferran Concrete Co., Inc.
93 Allen Boulevard
Farmingdale, New York 11735
Contact: Mr. Lloyd Murdock
(516) 249-4975
OWNER:
Town of Southold
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis J. Murphy
(516) 765-1800
ENGINEER:
H2M/Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Contact: Mr. George W. Desmarais, P.E.
(516) 752-9060
DESCRIPTION OF CHANGE ORDER
This Change Order entails the fOllowing item (s):
(A) Providing of one (1) dump body cover with hand crank
for the sludge transport vehicle.
(B) Change single hollow metal door in the digester building
to double hollow metal door, modify hardware and widen
concrete doorway steps.
(C) Modify elevation of six-inch diameter process line and
bypass line from hydrochloric acid mixing tank to influ-
ent trough of rotating biological discs.
(D) Supply 550 gallons of No. 2 diesel fuel oil for the fuel
oil storage tank.
. .
~ HOLZMACHER, McLENDON & MURRELl, P,C.
.
REASONS FOR MODIFICATION
(A) The sludge transport vehicle dump body cover was not
required in the contract specifications. However,
Suffolk County has required that trucks transporting
municipal sludge be covered to protect the dried sludge
from precipitation during transport.
(B) The single door was changed to a double door to allow
for future removal of digester heater/heat exchanger if
required. Since the digester roof is reinforced concrete
and the door is the only access to the building, a double
door will allow for future removal of equipment and
better access for maintenance of equipment. The single
door was not of sufficient width to allow removal of the
heater/heat exchanger. The hardll'l'are requires modification
for the proposed double door by adding one mortise devise,
vertical rod device and lockset. The concrete doorway
steps require widening from 5' to 7' to accomodate the
double door.
(C) The process line and bypass line from the acid mixing
tank to the rotating biological disc was installed under-
ground according to the elevations on the site piping
plan. During final grading operations at the site, the
elevation of the process line was required to be lowered
approximately three feet to accomodate site grading and
the contours of the project. This required excavating
the process and bypass line originally installed and
lowering the grade of the line to provide a minimum
cover of 3 feet to finished grade.
(D) The initial supply of fuel oil was not required in the
contract specifications. However, to start up and test
the operation of the digester heater/heat exchanger, an
initial fill of the fuel oil supply tank of 550 gallons
of No. 2 diesel fuel oil will be required.
. ,
. .
~! HOLZMACHER. McLENDON & MURRELl, P.C.
.
~ONTRACTORS PROPOSAL
(A) Furnish and Install One (1) Model
EW-100 Dump Body Cover & Hand Crank
10% Overhead
Subtotal
5% Profit
TOTAL
(B) Additional Hollow Metal Door & Ext:ended Frame
Additional Hardware for Double Door vs. Single
Door
Installation of Door & Hardware
Painting
Additional Lintel
Subtotal
10% Overhead
Subtotal
10% Profit
Subtotal
18 ft.3 of 4000 PSI Concrete
(Unit Price of $330.00jyd3)
TOTAL
$ 475.00
47.50
$ 522.50
26.12
$ 548.62
$ 240.00
310.00
180.00
50.00
60.00
$ 840.00
84.00
$ 924.00
92.40
$1,016.40
220.00
$1,236.40
. .
. .
ti'2M HOLZMACHER. McLENOON & MURRELL. P.C,
(C) JAMES McCULLAGH CO., INC. WORK
LABOR
1 - Foreman 14 Hours @ $32.69/hour
1 - Mechanic 14 Hours @ $30.52/hour
1 - Backhoe atld Operator 2 days @
$550.00/day
TOTAL LABOR
MATERIALS
6 - 6" 900 CLOI Pipe Elbows @ $105.00
each
1 - 6" 4fcLOI Pipe Bend @ $90.00
each
1 - 6" CLOI Pipe Coupling @ $70.00
each
1 length 6" CLOI Pipe @ $175.00
each
TOTAL MATERIAL
SUBTOTAL
15% Combined Overhead & Profit
Total James McCullagh Co., Inc. Work
10% Overhead Ferran Concrete Co., Inc.
TOTAL
(0) JAMES McCULLAGH CO., INC. WORK
Supply 550 Gallons of Fuel Oil
Subtotal
10% ,Overhead Ferran Concrete Co. Inc.
TOTAL
Total Net Cost of Change Order No. 2
.
$ 457.66
427.28
$1,100.00
$ 630.00
90.00
70.00
175.00
As a result of the above Change Order, the to1:al contract
amount will change from $1,958,031.'70 to $1,964,285.39.
The Engineer has reviewed this change, and finds it to be
in order.
$
1,984,94
$
$
965.00
2,949.94
442.49
3,392.43
339.24
$
3,731.67
$
$
670.00
670.00
67.00
737.00
$
$
6,253.69
.. ..
.
.
~ HOLZMACHER. McLENDON & MURREll, P.C.
.
APPROVAL
DATE: 11;(0/ R'$
(
DATE: ~~~
DATE: IrAfcf.l
OWNER:
CONT
ENGINEER:
~~",__ "'"'r'T" -..~=.;C..'~'M'~:
i~
.PAOC
[l '
9EI~(::.' ~'PLANNING' LTD.
iNII;:I' SWAYS PARK NORTH NOV
W~&u Y, NY 11797
.....-..~
- "_'''. _-..,U" ._._..__,~_
IISii; DATE(IUIillI'N)
11/5/85
THIS CEIITlI'lCATE II _ AI A MATTIIl OF ~TICI!I OIIlLY AIlO__
NO IlIGIl11 UPON TIll CEIlTFlllATE -.-. TIM CIII1W'IC:ATE _NOT AIIRD.
EXTEND OR ALTER THE COVII_ ~ IIYTHE 1'OUClEI_.
COMPANIEliI AFFORDtNG co'iERAGE
... CII6
A
ZURICH INSURANCE CO
IHIUfiED '
,
FER~CONCRETE CO., INC.
93 A\... I,.. lit BOULEVARD
FAR") OALE, NY 11735
COMPANY .
LETTER
COMPANY C
LETTER
~~NY D
AMERICAN GUARANTEE
HARTFORD
COMPANY E
LETTER
~
~lfj,m.
HIReD A
~
GAiWlE L
, ,
I
~EXC118 ILITY
i A FORM
..... onER UMBRELLA FORM
T ~. COMPENIATION
, J EMPLOt= L~BAJTY
~_I~R ' ,
THAT POIIC1E1 OFINIUIWlCE UITIDBELOW~VE BEEIl_DTOTHE 1NIUIIeD..-D"- POIt-TIlI~PlIIIOI..i;CATED.
AllY ~L ~ OR CONDITION OF ANY CONTRACT OR OTltlllllOCl_rr __CT TO WHICM TIIII-........ATE MAY
MAY PERTMI. TIll! lNIU""""" AFFOIlIlEIl BY THE POlJCIEIIlE8CRIBED _ IIIU1.IECT TO ALL THE -. I!XCL_. _ CONIlI-
POlJCIEI.
POLICY NUMBER
I'llLICY EmCIIVE P<lUCV El<I'Il\^TIOIl r uAiill.iTY LIMITS IN """"" "Nn,
DATEI"""'IlIVV) I DATEIMIMlllI'IYl . ......,. '. . ~TE
~ $1 MIL $ 1 MIL.
CGL 31-75-281-00
, """""""'$
12/31/8.12/31/8 500,
I'ERSONAl INJUFlY
$ 500,
1$
';-1- M I~.
~:~ED $
BAP 31-71-248-01
~=:I$.'
"'"-
11/23/8H1/23/8F~I~ ..-
=r$
12HUVW1476
"APO $
COMBINED 1 MIL
4/1/85 4/1/861~1$ 10 MI~ MIl
rn STATUTO..v __
$ . 1 00, IfAcHAcctOeNn-. '
4/1185 4/1186 ~ (llWsE-I'OL1CV llMf1)
~ (DISWE-EACHEMl'LOYeE)
I U
WC 31-71-214-03
DESCRIPTKlN 0 , OPERATIONSlLOCATIONSlVEHICLESlSPECIAllTEMS
'.' !ifJU.....'f:li;tH.. ~...... SCAlol'ENGER WASTE TREATMENT FACIL.ITY, GREENPORT, NY (SEE OVE.R.)
>*,~ImNALINSURED: TOWN OF SOUTHHOLD AND VILLAGE OF GREENPORT
i..J;.~. ._.. ,L....:.L__..~ .. '- . __... . _ ,,,,.,,~,,. ...._ ..... .. ___..... .~.^ ..". '__ _ _ m__."_'. " . _ _____ .. ",". .' .' . _ . , ,
4i.iBl;al....HIJ..J:I: I!fLll[tiJ....~..lt]l
,
TOWN OF bOUTHHOLD
TOWN !HALL
SOUTHI40LIo, NY 11971
,
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. ";.._..~~.:....."-_<.,.._c~.~.,-".,,;.~,,,",.
"'''"'.~'~':~.':'';'''.l'_'~~;-~'-'':..st~~~J.;;~
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.
HOLD HARMLESS:
bl...IIJal! ltKO_T
The Contractor agrees to INDEMNIFY and HOLD HARMLESS the TOWN and
the ENGINEER, their consultants, and each of their officers, agents
and employees from any and all liability for any intentional
torts committed by the Contractors, his Subcontractors or his agents.
\. , "". .:',.... ~< x'-
\"r'';~''''\' ):.;l.~~ \ "'-t'\;. .'";''0'''
,,>- ~:\ ~. '-., .
. .
........-
.
.
OFFICE
RVISOR
FRANCIS J. MURPHY
SUPE RVISOR
CERTIFIED MAIL
.RETURN RECEIPT REQUESTED
MAl N ROAO
SOUTHOLO. L.t.. N.Y. 11971
..
TELEPHONE
(5161765.1800
(51611615-1939
September 18, 1985
Mr. Egidio Ferrante
President
Ferran Concrete Co., Inc.
93 Allen Blvd.
Farmingdale, NY 11735
Re: Southold Scavenger Waste
Treatment Facility General
Construction & Mechanical Wor
Dear Mr. Perrante:
Per my conversation with Mr. Lloyd Murdock, this is to
advise you that your contract date of completion is September 29,
1985.
The Town of Southold. is now putting you on notice that if
work has not been completed by the above date, the Town fully
intends to invoke a penalty starting September 30, 1985.
The Town is authorized to deduct the sum of three hundred
fifty dollars ($350.00) per calendar day as liquidated damages.
This will remain in effect until all work has been completed.
FJM: jmr
cc: R. Tasker, Town Attorney
H2M
.
.
OF'F'I CE
RVISOR
FRANCIS J. MURPHY
SUPERVISOR
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MAIN ROAD
SDUTHOLD. L.I.. N.Y. 11971
..
TELEPHONE
(616) 766.1800
(616) 186.'939
September 18, 1985
Mr. Egidio Ferrante
President
Ferran Concrete Co., Inc.
93 Allen Blvd.
Farmingdale, NY 11735
Re: S<outhold Scavenger Waste
T'reatment Facility General
C,onstruction & Mechanical Work
Dear Mr. Perrante:
Per my conversation with Mr. Lloyd Murdock, this is to
advise you that your contract date of completion is September 29,
1985.
The Town of Southold is now putting y<ou on notice that if
work has not been completed by the above d,ate, the 'l'own fully
intends to invoke a penalty starting September 30, 1985.
The Town is authorized to deduct the sum of three hundred
fifty dollars ($350.00) per calendar day as liquidated damages.
This will remain in effect until all work has been completed.
FJM: jmr
cc: R. Tasker, Town Attorney
H2M
- - -~'-'~---~'~-'-'---~-~'-
-,
"of""
FitlelityeandDeposit Coltpany
OF MARYLAND BALTIMORE, MD. 21ZOJ
,
HOME OFFICE
.
· General Form Status Inquiry
IAgYH ~f aoutho1d, New Yorkl
Southo~, New York 11971
~)ber 1.
HISS
L
OUR BOND NO. 6081490
FOLD
"""
CO't~~~~CbN~RETE CO IN<:
93 ALLEN BLVD FARMINGDALE NY 11735
DESCRlPTION:
Feo PAO" NO C-36-Uao-03-CONTR NO 1 GEN CONST I. MECH WK TOWN OF
SO~TH(lLO lIIASTEIIAT61 DISPOSAL OIST SCAVENGER WIUTE TREATMENT FACILITY
OW~~ OF SOUTHOLO
CONTRACT PRICE $1,957.000.
BOND( S )J~ .957.000. _EFFECTIVE DATE 06/13/84
WITHO~T PREJUDICING YOUR RIGHTS OR AFFEC'ZING OUR LIABILITY UNDER OUR
BOND($) DESCRIBED ABOVE. WE WOULD APPRECIATE SUCH OF THE FOLLOWING
INFORMATION AS IS NOW AVAILABLE.
VERY TRULY YOURS.
FOLD ,/,../"
~ '. /
"'--h"'"'If""~RA(;T .UNCOMf>LETED,.r'PLEASE STA TE:
ApPROXIMATE PERCENTAGE OR, QOLLAR "MOUNT OF CONTRACT
COMPLETED OR OELIVERE~' As of 9{20/85 72.15% Approximate Percentage
. or .project (;Omple.ted
:!I. DO YOU KNOW OF UNPAID BILLS FOR LABOR OR1-.ATERIAL?' (CHECK) YES
ESTIMATED COMPLETION DATE ~ ~
. -"'"
See Attached Letter to F'Eirran Con ete.
,';::",'"..,..~
~A
NO X
-
4.
REMARKS:
(I F ANY)
It i8 undentood that the informatiOD contained herein i8 furniahed aa a matter
of courtelY ror the confidential ule of the 8urety and il merely an e~reslion of
opinion. It i. iallo agreed that in furRi.hing thil information,no guaranty or warranty
of accuracy br correctne88 i. milde and no responlibility il al8umed al a re8ult of
reliance by the 8urety, whether such information is furni8hed by the owner or by an,
architect or enginetor a8 the agent of the owner.
~"A/ ~
SIGN' U [~ ~:~
. JUaltn r. l..rry~
TI TLE Soutlx,ld Town Clerk
DATE
October 11,
19~
PLEASe RETURN INQUIRY TO:
C315M.,.REV.2-8'
a.aeral Form Staiu. Inquiry- Federal cue. to be .ubmitted
in duplic.te. Addre88ed envelope8 to be attached.
S! 5541
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
METRO 8RANCH
1460 8~OAD STREEt
BLooMFIELO. NEW JERSEY 07003
I
'.
I
.
.
OFFICE
RVISOR
FRANCIS J. MURPHY
SUPERVISOR
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
MAIN ROAD
SDUTHDLD. L.I.. N.Y. 11971
...
TELEPHONE
Ui16) 785-1800
(516) 765.1939
September 18, 1985
Mr. Egidio Ferrante
President
Ferran Concrete Co., Inc.
93 Allen Blvd.
Farmingdale, NY 11735
Re: Southold Scavenger Waste
Treatment Facility General
Construction & Mechanical Wor
Dear Mr. Perrante:
Per my conversation with Mr. Lloyd M~rdock, this is to
advise you that your contract date of completion is September 29,
1985.
-
The Town of Southold is now putting you on notice that if
work has not been completed by the above date, the Town fully
intends to invoke a penalty starting Sept,ember 30, 1985.
The Town is authorized to deduct the sum of three hundred
fifty dollars ($350.00) per calendar day as liquidated damages.
This will remain in effect until all work has been completed.
"
FJM: jmr
cc: R. Tasker, Town Attorney
H2M
:',
.i
.
...
t-i:lM
HOLZMACHER, McLENDON and MURRELL. P.C. . CONSULTING ENGINEERS. ENVII~ONMENTAl SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140. MELVILLE. N.Y. 11747' 516,752-9060
August 9, 1985
Mr. James C. McMahon, Administrator
Southold Community Development Agency
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Plant
C36-1120
SOHT 83-02
Dear Jim:
Gary Kline of NYSDEC indicated to me that the bonding company,
Union Indemnity, has "gone under", and tha.t he has informed you
of same. If a contractor has Union Indemnity, the contractor
should be notified and a new bond requested.
According to NYSDEC, a letter will be forthcoming from their
office that will require the Town to certify that they have taken
the above action.
Please contact me if I can be of further assistance.
very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
&Loeeeh.
GEL:mad
P.E.
cc: Supervisor Francis J. Murphy
Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead, New York
,.
'"
"
-
.
.
..
.....
.....
''/
N.ew York State Department of Environmental Cqnservatlon
50Wolf Road, Albany, New York 12233-0001 \:
. ,t,
: ,
N"'~'~
FOfl:sl '
I'rc~cryC .
centennial
~,...._..~,...._.
: \
; ~
Henry G. Williams
Commissioner
.'
""
. CERTIFIED MAIL
. RETURN RECEIPT REQUESTED'
r ;,
r;
,
" i
. August 7, 1985
:
.' '
. . Honorable Fran~is J. Murphy
. :Supervisor, Town of Southold
53095 Main Road
Southold, NY 11971
"
, .
" .
, ,
j:
:"
(
,
Re: C-36-ll20~02
Con tract No.2
HVAC
" ,
, ,
"
, .
Dear Supervisor Murphy:
. ,
This letter will confirm the tel~phone con~e:rsatioo of August 7, 1985 between Mr. Jim
McMann, Southold Project Manag~rand :Mr. :Gary Kline of this office regarding bond and
insurance coverage for constructiqn work :being: performed on the above referenced project.
, 'I i
, !,
'. 'A court order was entered on July 16, 1985 hi the Supreme Court of the State of New York
directing the liquidation of Union Indemnity Insurance Company of New York ("Union
Indemnity"), and appointing the Su,Perintendenit'of Insurance of New York, Liquidator. This
, .court order provides for the termination of alli outstanding and other insurance obligations of
Union Indemnity to cease and be fixed 11!1 of :1.2:01 a.m. Eastern Standard Daylight Savings
','Time on August 17,1985. : '!: .
, :':
, "
In order for the NYS Department of Envi~onlT{ental Conservation to continue the processing
of grant paym'ents, grantees must insure ihat contractors who have retained Union
' . ., ,I
Indemnity as surety for perform~ceor paym:ent bonds or as insurance carrier substitute
another surety in place of Union '~demnity. 'The faIlure of a contractor to substitute a
I surety for Union Indemnity by close of businesS on August 16, 1985 will expose grantees to
liability in the event of contractor:detault~ . I .
. ,
For these reasons, all grantees> are requi~ed' to notify this office via the enclosed
~ertification by August 12, 1985 w~ether My <iontractors have retained Union Indemnity and
that any who have. have been direetedto substi-tute another surety or insurer. Furthermore,
. your next payment request must be accompanied' by proof that each of your prime
'. contractors has valid bonds and insiJrance in force (form enclosed for your use).
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To obtain a copy of the above; referenced') Court order o]~ further jnformatioo about the
procedures and deadlines for fili~gclail)ls, l?,lease contact Mr. Sol Landzberg at (212) 685-
3300 or by mail ,at: ; "
'~, :
. ~, '
; Superintenlllmtof Insuranl~e
: c/o Union In'derimity Insurance Company
i 260 Madisdn Avenue
: New York,\New' YQrk 10016
,
:,.
'. If you should have any further qUesti<;llls \;lon<ierning the above, please call Mr. Gary E. Kline
at (518) 457-5527.' . ,;: .
Sincerely,
{:. illiam C. La ow, Jr., P.E.: .
'. Director :
. Division of Construction Management
: '
Enclosures
cc: Holzmacher, McLendon &. Murrell, :P.c)-: Mr. Loesch
Town of Southold - Mr. Mcl'4ann, /' ;
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IICIMD
AU8 1 2 '1Ill5
THE.TATE INSURANCE FUa>
TeiII" "... , r J~
199 CHURCH STREET NEW YORK. N.Y. 10007
(2121 962-11900
CERnFICATE OF WORKERS' COMPENSAnON INSURANCE
, EMPLOYER CERTIFICATE HOLDER POLICY NUMBER
"ClIO WEll ElECTRIC CORP TOVN OF SOUTlfOU 702 005-0
EDIIARDS AVE BOX 216 "IIIN ST
CAlYERTOlll NY 11933 SOUTlfOLD NY
- -
I
, Scavenger Waste Project
I TYPE OF DOCUMENT UNIT PERIOD COVERED CERTIFICATE NO. DATE
CERTIHCIITE OF INSURANCE 1 10/01/83 TO 10/01186 2444 7/24/85 5
TlfIS IS TO CERTIFY THAT THE E"PlOYER NA"ED ABOVE IS INSURED WITIf THE STATE
INSURANCE FUND UNDER POLICY NO. 702 005-0 UNTIL 10/01186, COVERING THE ENTIRE
OBLIGATION OF THIS E"PlOYER FOR WORKERS CO"PENSATION UNDER TlfE NEW YORK WORK-
ERS CO"PENSATION lAW VITH RESPECT TO ALL OPERATIONS IN TlfE STATE OF NEW YORK,
EICEPT AS INDICATED BElOV.
IF SAID POLICY IS CANCEllED, OR CHANGED PRIOR TO 10101186 IN SUCIf "ANNER AS
TO AFFECT THIS CERTIFICATE, 5 DAYS WRITTEN NOTICE OF SUCH CANCEllATION
WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR "All SO
ADDRESSED SHALL BE SUFFICIENT CO"PLUNCE VI TH THIS PRO'VISION. TlfE STATE HlSURANCE
FUND OOES NOT ASSU"E ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE.
, THIS CERTIFICATE DOES NOT APPLY TO BUILDING DE"OLITION.
THE STATE INSURANCE FUND
II
DP-222(6-78]
_----L..____
JAMES McCULLAGH CO., II....
75 East Bethpage Road
PLAINVIEW. NEW YORK 11803
[b~1YLr~G_ ;Q)[f' 1YOO6.\~~[K1]01YLr6.\[b
TO
(516) 293.8800
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Tn./,v~ - S3oCf~ /1h;v~
:;}turu"...s> . N<fW"~.4<< 1(97 (
I
DATE
JOB NO.
-C-"-II ~o
WE ARE SENDING YOU 0 Attached 0 Under separate cover via
the fDllowing items:
o Shop drawings
o Copy Df letter
o Prints
o Change Drder
o Plans
o Samples
o Specifications
o
COPIES I OATE NO. DESCRIPTION
"V '/f/fs4r, k{J.lllVh... / #'8 . ~. CtJ7-{,,) 7/<f'l-77-3.3
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THESE ARE TRANSMITTED as checked below:
o For approval
o For your use
o As requested
D For review and comment
o FOR BIDS DUE
o Approved as submitted
o Approved as noted
o Returned for cDrrectiDns
o
o Resubmit_cDpies for apprDval
o Submit_copies for distributiDn
o Return_corrected prints
19
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
PlIOOOCT240-2 !NBBB!IIlC., '"'" ilia Olm
" enclosu",. are not .. noted. Iclndly notl
COPY TO
11=
CHUBB GROUP ..
otlnsurance Companies
15 Mountain View Road, PO. Box 1615,
Warren, NJ 07061-1615
DECUI~ONS
GENEFlAL LIABILITY-AUTOMOBILE POLICY
CHUIBB
Producer Number 3- 63218
Policy Number G LP (86 ) 7144-77-33
PnorNumber (85) 7144-77-33
Item 1
Named Insured & Address
TO~1 of Southo1d and/or Town Board
Town Hall .
53095 Main Road
Southo1d, New York
Name. Mailing Address of Producer
Allied Coverage Corp.
165 Roslyn Road
Roslyn,New York 11576
Named Insured 0 Individual 0 Partnership 0 Corporation 0 Joint Venture
Item 2. 1201 AM standard time at the address
Policy Penod of the Named Insured as stated From, 6/8/85 To 6/8/86
11971
x
Issued by the stock insurance company indicated
(by "x" bl~low) herein called the company
FEDERAL INSURANCE COMPANY
Incorparaled under the laws of New Jersey
PACIFIC INDEMNITY COMPANY
Incorporaled under the laws 01 California
SUN INSURANCE OFFICE LiMITED
Incorporal:ed under the laws at England
ex Other Mlln i ",i p" 1 i icy
.L\udit Period-Annual unless otherwise stated below.
Item 3
Insurance is afforded only with respect to the Coverage Part(s) specified by a premium charge:
Coverage Part Advance Premium Coverage Part
Comprehensive General Liability Insurance
Personal Injury liability Insurance
Contractual Liabi,lity Insurance (Blanket)
Contractual liability Insurance
(Designated Contracts Only)
Premises Medical Payments Insurance
Owners', landlords' and Tenants' Liability Insurance
Manufacturers' and Contractors' Liability Insurance
Owners and Contractors' Protective lIability Insurance
(Coverage for Operations of Designated Contractor) $
Comprehensive Personal Insurance
Farmer's Comprehensive Personal Insurance
Farmer's Medical Payments Insurance
Advance Premium
$
$
$
Basic Automobile liability Insuranc'e
$
$
Comprehensive Automobile liability Insurance
$
$
Automobile Medical Payments Insurance
$
$
Protection Against Uninsured Motorists Insurance
$
$
Automobile Physical Damage Insurance
(Fleet Automatic)
$
$
Automobile Physical Damage Insurance (Non-Fleet)
$
$
Automobile Physical Damage Insurance (Dealers)
$
100mp
Garage Insurance
$
$
$
$
$
$
$
$
$
TOTAL
ADVANCE PREMIUM $ 100
Authorized Repres tative
6-5-85pw
This Declaration Page with Policy Provisions, Coverage Part(s) and Endorsement(s) complete above numbered policy.
In Witness Whereof, the company issuing this policy has caused this policy to be signed by its autllorized officers, or the authorized officers of its U.S.
Manager, Chubb & Son Inc_, but this policy shall not be valid unless also signed by a duly authorized representative of the company.
PACIFIC INDEMNITY COMPANY
..:1zut..,'<. 6( d- y
President ~(J - ()
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Farm 07..02.02/5 Part (Rev. B-7B)(Farmerly 21000)
FEDERAL INSURANCE COMPANY
CHUBB&SONINC.. U.S. MANAGER OF
SUN INSURANCE OFFICE LIMITED
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Pres,dent
PreSident
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Secrel;Hy
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Secretary
P-37698 (20M)
~OWNERS' A~gv~~~.~6~R;~::i?ri~~~\l5/~~~~~~A~i~~~~~A~~~~RAGE ~ART
CHUBB
SCHEDULE
Insurance applies only to those coverages for which a Limit of Liability is shown.
COVERAGES
A. Bodily Injury Liability
POlicy No.GLP c.8el7144-77-33
LIMITS OF LIABILITY
$3,000,000 each occurrence
32
B. Property Damage Liability
$ 500,000
11,000 000
each occurrence
aggregate
Premium Bases
Cost
29,400
Cost
29,400
12
$.1uump
Advance Premium
$
Rates
$100 of Cost
.109
$100 of Cost
.041
Total Advance Premium
Code 16292-Construction Onerations - Owner
~~k here jf the following provision is applicable: LRJ
The person Of organization designated below as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return pre-
miums and dividends, if any, which may become payable under the terms of this polrey .
Designation
01 Contractor James McCullaoe. Company. Inc.
Mailing
Address 75 East Bethpaoe Rd.. Pl<:linview. N.Y. 11803
Location of
Covered Operations Southold Scavenger Waste Project
When used as a premiiUm basis:
"cosl" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let
or sub-let in connection with each specific project. including the cost of all labor, materials and equipment furnished, used or delivered for lIse in the execution of such work,
whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due.
I. COVERAGE A-BQOILY INJURY LIABILITY
COVERAGE B-PROPERTY OAMAGE LIABILITY
The company will pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of
Coverage A. bodily injury or
Coverage B. property damage
to which this policy applies, caused by an occurrence and arising out of (1) operations
performed for the namied insured by the contractor designated in the declarations at the
location designated therein or (2) acts or omissions of the named insured in connection
with his general superll1ision of such operations, and the company shaH have the right and
duty to defend any suit against the insured seeking damages on account of such bodily
injury or property damage, even if any of the allegations of the suit are groundless, false
or fraudulent, and may ,make such investigation and settlement of any claim or suit as it
deems expedient, but the company shall not be obligated to pay any claim or judgment or
to defent! any suit after the applicable limit of the company's liability has been exhausted
by payment of judgments or settlements
Exclusions
This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement except an
incidental contract; but this exclusion does not apply to.a warranty that work performed
by the designated contractor will be done in a workmanlike manner;
(b) to bodily' injury or Iproperty damage occurring after
(1) all work on the pmject (other than service, maintenance or repairs) to be performed
by or 0/1 behalf of the named insured at the site of the covered operations has
been completed or
(2) that portion of the designated contractor's work out of which the injury or damage
arises has been put to its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations for a principal
as a part of the same project;
(c) to bodily injury or property damage arising out of any act or omission of the named
insured or any of his: employees, other than general supervision of work performed
for the namt!d insured 'by the designated contractor;
(d) to any obligation for which the insured or any carrier as his insurer may be held
liable under any workmen's compensation, unemployment compensation or disability
benefits law, or under any similar law;
(e) to bodil)' injury to any employee of the insured arisin& out of and in the course of
his employment by the insured.or to any obligation of the Insured to indemnify another
because of damages arising out of such injury; but this exclusion does not apply to
liability assumed by the insured under an inCidental contract;
(f) to property damage to
(1) property owned or occupied by or rented to the insured,
(2) properly used by the insured,
(3) property in the care, custody or control of the insured or as to which the insured
is for any purpose exercising physical control, or
(4) work performed forthe insured by the designated contractor;
(g) to bodily injury or property damage due to war, whether .or not declared, civil
war, insurrection, rebellion or revolution or to any act or conditiOn incident to any of
the foregoing, with respect to (1) liability assumed by the insured under an incidental
contract, or (2) expenses for first aid under the Supplementary Payments provision
of the poliq';
(h) to bodily injury or property damage arising out of (1) the ownership, maintenance,
operation, u:se, loading or unloading of any mobile equipment while being used in any
prearranged or organized racing, speed or demolition contest or in any stunting activity or
10 practice or preparation for any such contest or activity or (2) the operation or use of
any snowmobile or trailer designed for use therewith;
(i) to bodily injury or property damage arising out of the discharge, dispersal. release
Form 21020 (Rev. 1-73)
or escape of smoke, vapors, soot. fumes, acids, alkalis, toxic chemicals, liquids or gases,
waste materials or other irritants, contaminants or pollutants into or upon land, the
atmosphere or any water COJrse or body of water; but this exclusion does not apply if
such discharge, dispersal. release or escape is sudden and aCCidental;
(j) to loss of use of tangible property which has not been physically injured or de-
stroyed resulting from
(l) a delay in or lack of p,uformance by or on behalf of the named insured of any
contract or agreement, or
(2) the failure of the named insured's products or work performed by or on behalf of
the named insured to meet the level of performance, quality, fitness or durability
warranted or representee' by the named insured;
but this exclusion does not apply to loss of use of other tangible property resulting from
the sudden and accidental physical injury to or destruction of the named insured's
products or work performed by or on behalf of the named insured after such products
or work have been put to use by any person or organization other than an insured.
II. PERSONS INSUREO
Each of the following is an insured under this policy to the extent set forth below:
(a) if the named insured is ,jesignated in the declarations as an individual, the person
so designated and his spouse;
(b) if the named insured is designated in the declarations as a partnership or joint
venture, the partnership or joint venture so designated and any partner or member
thereof but only with respect to his liability as such;
(c) if the named insured is designated in the declarations as other than an individual.
partnership or joint venture the organization so deSignated and any executive officer,
director or stockholder thereof while acting within the scope of his duties as such; and
(d) any person (other than an employee of the named insured) or organization while
acting as real estate manager for the named insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insureds under this policy, (2) persons or organiza-
tions who sustain bodily inju:ry or property damage, or (3) claims made or suits brought
on account of bodily injury or property damage, the company's liability is limited as
follows:
Coverage A- The total Jiability of the company for all damages, including damages
for care and loss of services, because of bodily injury sustained by one or more per-
sons as the result of anyone occurrence shall not exceed the limit of bodily injury
liability stated in the schedule as applicable to "each occurrence".
Coverage B- The total liability of the company for all damages because of all property
damage sustained by one or more persons or organizations as the result of anyone
occurrence shall not exceed the limit of property damage liability stated in the schedule
as applicable to "each occul'Tence".
Subject to the above provision respecting "each occurrence", the total liability of
the company for all damages because of all property damage to which this coverage
applies shall not exceed the limit of property damage liability stated in the schedule
as "aggregate". If more than one project is deSignated in the schedule, such aggregate
limit shall apply separately with respect to each project.
Coverages A and B-For the purpose of determining the limit of the company's
liability, all bodily injury anel property damage arising out of continuous or repeated
exposure to substantially the same general conditions shall be considered as arising
out of one occurrence.
IV. AOOlTlONAL OEFINITION
When used in reference to this insurance (including endorsements forming a part
01 the policy):
"work" includes materials, parts and equipment furnished in connection therewith.
V. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which occurs within
the policy territory.
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CHUBB
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THIS ENDORSEMENT C",ANGES THE POLICY. PLE.ASE READ IT CAREFULLY.
This endorsement changes the policy effective on the inception date of the policy unlelss a different date is indicated below.
(The following need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on
at 12:01 A.M. standard time. forms a part of
(DATE)
policy 1\10.
(86) 7144-77-33
of the
(NAME OF INSURANCE COMPANY)
issued to:
Producer:
NAMED INSURED
Town of Southold and/or Town Board,
Town Hall, 53095 Main Road
Southold, New York; and Inc. Village
of Greenport, 236 3rd. Street, Greenport,
New York, and Holzmacher, McLendon & Murrell
P.C. 125 Baylis Road, Suite 140, Melville,
New York
All Other Terms and Condi1ions Remain Unchanged
~!
Form 16-02-33/ 1 Part (Ed. 4-78)
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CHUBS
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THIS ENOORSEMENT CHANGES THE POLICY. PLE.ASE READ IT CAREFULLY.
This endorsement change$ the policy effective on the inception date of the policy unlElss a different date is indicated below.
(Th~ following need be completed only when this endorsement is issued subsequent to preparation of the policy_)
This endorsement, effective on
at 12:01 A.M. standard time. forms a part of
(DATE)
policy No. GLP (86) 7144-77-33 of the
(NAME OF INSURANCE COMPANY)
issued to:
Producer:
It is hereby understood and agreed that thirty (30) days advance
notice will be given to the Named Insured in the event of
cancellation or non-renewal of the captioned policy, except in
the case of non-payment.
All Other Terms and Conditions Remain Unchanged
~
Authorized Representative
Form 16-02-33/1 Pari (Ed. 4-78)
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CHUBB
GENERAL LIABILITY - AUTOMOBILE POLICY
This pOlicy provides general liability or automobile insurance
orboth, as shown on the pages within. Please readyour policy.
POLICY PROVISIONS
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject to all of the terms of this policy, the com-
pany agrees with the named insured as follows:
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of liability:
(a) all expenses incurred by the company, all costs taxed against the insured in any
suit defended by the company and all interest on the entire amount of any judgment
therein which accrues after entry of the judgment and before the company has paid
or tendered or deposited in court that part of the judgment which does not exceed
the limit of the company's liability thereon;
(b) premiums on appeal bonds required in any such suit, premiums on bonds to
release attachments in any such suit for an amount not in excess of the applicable
limit of liability of this policy, and the cost of bail bonds required of the insured because
of accident or traffic law violation arising out of the use of any vehicle to which this
policy applies, not to exceed $250 per bail bond, but the company shall have no obligation
to apply for or furnish any such bonds:
(c) expenses incurred by the insured for first aid to others at the time of an accident,
for bodily injury to which this policy applies;
(d) reasonable expenses incurred by the insured at the company's request in assisting
the company in the investigation or defense of any claim or suit, including actual loss
of earnings not to exceed $25 per day.
DEFINITIONS
When used in this policy (including endorsements forming a part hereof):
"automobile" means a land motor vehicle, trailer or semitrailer designed for travel
on public roads (including any machinery or apparatus attached thereto), but does
not include mobile equipment;
"bodily injury" means bodily injury, sickness or dIsease sustained by any person
which occurs during the policy period, including death at any time resulting therefrom;
"collapse hazard" includes "structural property damage" as defined herein and
property damage to any other property at any time resulting therefrom. "Structural
property damage" means the collapse of or structural injury to any buildmg or structure
due to (1) grading of land, excavating, borrowing, filling, back-filling, tunnelling" pile
driving, cofferdam work or caisson work or (2) moving, shoring, underpinning, ralsmg
or demolition of any building or structure or removal or rebuilding of any structural
support thereof. The collapse hazard does not include property damage (1) arising out
of operations performed for the named insured by independent contractors, or (2) included
within the completed operations hazard or the underground property damage hazard, or (3)
for which liability is assumed by the insured under an incidental contract;
"completed operations hazard" includes bodily injury and property damage arising out of
operations or reliance upon a representation or warranty made at any time with respect
thereto, but only if the bodily injury or property damage occurs after such operations have
been completed or abandoned and occurs away from premises owned by or rented to the
named insured. "Operations" include materials, parts or equipment furnished in connec-
tion therewith. Operations shall be deemed completed at the earliest of the following times:
(1) when all operations to be performed by or on behalf of the named insured under the
contract have been completed,
(2) when all operations to be performed by or on behalf of the named insured at the site of
the operations have been completed, or
(3) when the portion of the work out of which the injury or damage arises has been put to
its intended use by any person or organization other than another contractor or subcon-
tractor engaged in performing operations for a principal as a part of the same project.
Operations which may require further service or maintenance work, or correction, repair
or replacement because of any defect or deficiency, but which are otherwise complete, shall
be deemed completed.
The completed operations hazard does not include bodily injury or property damage
arlsmg out of
(a) operations in connection with the transportation of property, unless the bodily injury
or property damage arises out of a condition in or on a vehicle created by the loading or
unloading thereof,
(b) the existence of tools, unmstalled equipment or abandoned or unused materials, or
(c) operations for which the classification stated in the policy or in the company's manual
specifies "including completed operations";
"elevator" means any hoisting or lowering device to connect floors or landings, whether
or not in service, and all appliances thereof including any car, platform, shaft, hoistway,
stairway, runway, power equipment and machinery; but does not include an automobile
servicing hoist, or a hoist without a platform outside a building if without mechanical power
or if not attached to building walls, or a hod or material hoist used in alteration, construc-
tion or demolition operations, or an inclined conveyor used exclusively for carrying proper-
ty or a dumbwaiter used exclusively for carryrng property and having a compartment
height not exceeding four feet;
"explosion hazard" includes property damage arising out of blasting or explosion. The
explosion hazard does not include property damage (1) arising out of the explosion of air
or steam vessels, piping under pressure, prime movers, machinery or power transmitting
equIpment, or (2) arlsrng out of operations performed for the named insured by independ-
ent contractors, or (3) included within the completed operations hazard or the underground
property damage hazard, or (4) for which liability is assumed by the insured under an
incidental contract;
"incidental contract" means any written (1) lease of premises, (2) easement agreement,
except in connection with construction or demolition operations on or adjacent to a rail-
road, (3) undertaking to indemnify a municipality required by municipal ordinance, except
in connection with work for the municipality, (4) sidetrack agreement, or (5) elevator
maintenance agreement;
"insured" means any person or organization qualifying as an insured in the "Persons
Insured" provision of the applicable insurance coverage. The insurance afforded applies
separately to each insured against whom claim is made or suit is brought, except with re-
spect to the limits of the company's liability;
"mobile equipment" means a land vehicle (including any machinery or apparatus at-
tached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration,
or (2) maintained for use exclusively on premises owned by or rented to the named insured,
including the ways immediately adjoining, or (3) designed for use principally off public
roads, or (4) designed or maintained for the sole purpose of affording mobility to equip-
ment of the following types forming an integral part of or permanently attached to such
(2)
..
vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the
mix-in-transit type); graders, scrapers, rollers and other road construction or repair equip-
ment; air-compressors, pumps and generators, including spraying, welding and building
cleaning equipment; and geophysical exploration and well servicing equipment:
"namEld insured" means the person or organization named in Item 1. of the declarations
of this policy;
"mimt!d insured's products" means goods or products manufactured, sold, handled or
distributed by the named insured or by others trading under his name, including any con-
tainer th'ereof (other than a vehicle), but "named insured's products" shall not include a
vending machine or any property other than such container, rented to or located for use of
others but not sold;
"occurrence" means an accident, including continuous or repeated exposure to con-
ditions, which results in bodily injury or property damage neither expected nor intended
from the standpoirrt of the insured;
"policy territory" means:
(1) the United States of America, its territories or possessions, or Canada, or
(2) intemational waters or air space, provided the bodily injury or property damage does
not occur in the course of travel or transportation to or from any other country, state
or nation, or
(3) anywhere in the world with respect to damages because of bodily injury or property
damage arising out of a product which was sold for use or consumption within the ter-
.
ritory described in paragraph (1) above, provided the original suit for such damages is
brought within such territory:
"products hazard" includes bodily injury and property damage arising out of the named
insured's products or reliance upon a representation or warranty made at any time with
respect thereto, but only :,f the bodily injury or property damage occurs away from premises
owned by or rented to the named insured and after physical possession of such products
has been relinquished to others;
"property damage" means (1) physical injury to or destruction of tangible property
which occurs during the policy period, including the loss of use thereof at any time ra.
suiting therefrom, or (2) loss of use of tangible property which has not been physically in-
jured or destroyed provided such loss of use is caused by an occurrence during the policy
period;
"underground propert)' damage hazard" includes underground property damage as da.
fined herein and property damage to any other property at any time resulting therefrom.
"Underground property damage" means property damage to wires, conduits, pipes, mains,
sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith,
beneath the surface of tl1e ground or water, caused by and occurring during the use of
mechanical equipment for the purpose of grading land, paving, excavating, drilling, bor-
rowing, filling, back-fillinl~ or pile driving. The under,round property damage hazard does
not include property damage (1) arising out of operations performed for the named insured
by independent contractors, or (2) included within the completed operations hazard, or (3)
for which liability is assumed by the insured under an incidental contract.
CONDITIONS
1. I)remium. All premiums for this policy shall be computed in accordance with the
company's rules, rates, rating plans, premiums and minimum premiums applicable to the
insurance afforded herein,
Premium designated in this policy as "advance premium" is a deposit premium only
which shall be credited to the amount of the earned premium due at the end of the policy
period. M the close of each period (or par! thereof terminating with the end of the policy
periOd) designated in the declarations as the audit period the earned premium shall be
computed for such period and, upon notice thereof to the named insured, shall become
due and payable. If the total earned premium forthe policy period is less than the premium
previou!;ly paid, the company shall return to the named insured the unearned portion paid
by the named insured.
The named insured shall maintain records of such information as is necessary for
premium computation, and shall send copies of such records to the company at the end of
the policy period and at such times during the policy period as the company may direct.
2. I,nspection and Audit. The company shall be permitted but not obligated to inspect
the named insured's property and operations at any time. Neither the company's right to
make in:spections MOr the making thereof nor any report thereon shall constitute an under-
taking, on behalf of or for the benefit of the named insured or others, to determine or
warrant that such property or operations are safe or healthful, or are in compliance with
any law, rule or regulation.
The company may examine and audit the named insured's books and records at any time
during the policy period and extensions thereof and within three years after the final term~
nation of this policy, as far as they relate to the subject matter of this insurance.
3. lFinancial ResponSibility Laws. When this policy is certified as proof of financial
responsibility for the future under the provisions of any motor vehicle financial responsibil-
ity law, such insurance as is afforded by this policy for bodily injury liability or for property
damage liability shall comply with the provisions of such law to the extent of the coverage
and limits of liability required by such law. The insured agrees to reimburse the company
for any payment made by the company which it would not have been obligated to make un-
der the terms of this policy except for the agreement contained in this paragraph.
4. 'Insured's Duties in the Event' of Occurrence, Claim or Suit.
(a) In the event of an occurrence, written notice containing particulars sufficient to identify
the insured and also reasonably obtainable information with respect to the time, place
and circumstances thereof, and the names and addresses of the injured and of availa-
ble witnesses, shall be given by or for the insured to the company or any of its author-
ized agents as soon as practicable.
(b) If claim is made or suit is brought against the insured, the insured shall immediately
forward to the company every demand, notice, summons or other process received by
him or his representative.
(c) The insured shall cooperate with the company andl upon the company's request, assist
in making settlements, in the conduct of SUits and IR enforcing any right of contribution
or II1demnity against any person or organization who may be liable to the insured be-
cause of injury or damage with respect to which insurance is afforded under this policy;
and the insured shall attend hearings and trials and assist in securing and giving evi~
dence and obtaining the attendance of witnesses. The insured shall not, except at his
own cost, voluntarily make any payment, assume any obligation or incur any expense
other than for first aid to others at the time of accident.
5. Action Against CClmpany. No action shall lie against the company unless, as a con-
dition precedent thereto, there shall have been full compliance with all of the terms of this
policy, nor until the amount of the insured's obligation to pay shall have been finally deter-
mined either by judgment against the insured after actual trial or by written agreement of
the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to
the extent of the insurance afforded by this policy. No person or organization shall have
any right under this policy to join the company as a party to any action against the insured
to determine the insured's liability, nor shall the company be impleaded by the insured or
his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate
shall not relieve the company of any of its obligations hereunder.
6. Other Insurance. The insurance afforded by this policy is primary insurance, except
when stated to apply in excess of or contingent upon the absence of other insurance.
When this insurance is primary and the insured has other insurance which is stated to be
applicable to the loss on an excess or contingent basis, the amount of the company's liabil~
ty under this policy shall not be reduced by the existence of such other insurance.
When both this insurance and other insurance apply to the loss on the same basis,
whether primary, excess or contingent, the company shall not be liable under this policy for
a greater proportion of the loss than that stated in the applicable contribution provision
below:
(a) Contribution by EqU111 Shares. If all of such other valid and collectible insurance pro-
vides for contribution by equal shares, the company shall not be liable for a greater
proportion of such loss than would be payable if each insurer contributes an equal
share until the share of each insurer equals the lowest applicable limit of liability under
anyone policy or the full amount of the loss is paid, and with respect to any amount of
loss not so paid the remaining insurers then continue to contribute equal shares of the
remaining amount of the loss until each such insurer has paid its limit in full or the full
amount of the loss is paid.
(b) Contribution by Limits. If any of such other insurance does not provide for contribu-
tion by equal shares, the company shall not be liable for a greater proportion of such
loss than the applicable limit of liability under this policy for such loss bears to the
total applicable limit of liability of all valid and collectible insurance against such loss.
7. Subrogation. In the event of any payment under this policy, the company shall
be subrogated to all t~e insured's rights of recovery therefor against any person or
organization and the insured shall execute and deliver instruments and papers and do what-
ever else is necessary to secure such rights. The insured shall do nothing after loss to
prejudice such rights.
8. Changes. Notice to any agent or knowledge possessed by any agent or by any other
person shall not effect a waiver or a change in any part of this policy or estop the company
from asserting any right under the terms of this policy; nor shall the terms of this policy be
waived or changed, except by endorsement issued to form a part of this policy, signed by a
duly authorized representative of the company.
9. Assignment. Assignment of interest under this policy shall not bind the company
until its consent is endorsed hereon; if, however, the named insured shall die, such insur-
ance as is afforded by this policy shall apply (1) to the named insured's legal representative,
(3)
-
as the named insured, but only while actin& within the scopt: of his duties as such, and (2)
with respect to the property of the named Insured, to the person having proper temporary
custody thereof, as insured, but only until the appointmen.t and qualification of the legal
representative.
10. Three Year Policy. If this policy is issued for a period of three years any limit of the
company's liability stated in this policy as "aggregate' shall apply separately to each con-
secutive annual period thereof.
11. Cancellation. This policy may be cancelled by the named insured by surrender
thereof to the company or any of its authorized agents or by mailing to the company written
notice stating when thereafter the cancellation shall be effective. This pOlicy may be can"
cened by the company by mailing to the named insured at the address shown in this policy,
written notice stating when not less than ten days thereafter such cancellation shall be
effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of
surrender or the effective da,e and hour of cancellation stated in the notice shalf'become
the end of the policy period. Delivery of such written notice either by the named insured or
by the company shall be equivalent to mailing.
If the named insured cancels, earned premium shall be computed in accordance with the
customary short rate table and procedure. If the company cancels, earned premium shall
be computed pro rata. Premium adjustment may be made either at the time cancellation is
effected or as soon as practicable after cancellation becomes effective, but payment or ten-
der of unearned premium is not a condition of cancellation.
12. Declarations. By acceptance of this policy, the named insured agrees that the state-
ments in the declarations are his agreements and representations, that this policy is issued
in reliance upon the truth of such representations and that this policy embodies all agree-
ments existing between himself and the company or any of its agents relating to this
insurance.
This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY. GENERAL LIABILITY ANO MEOICAL PAYMENTS INSURANCE OTHER THAN COMPRE,
HENSIVE PERSONAL ANO FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT - BROAD FORM
It is agreed that:
I. The policy does not apply:
A. Under any liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under the policy is also an insured under a
nuclear energy liability policy issued by Nuclear Energy liability Insurance
Association, Mutual Atomic Energy liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such policy but for its
termination upon exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear material and with respect
to which (a) any person or organization is required to maintain financial protec-
tion pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,
or(b)theinsured is, orhad this policy not been issued would be, entitled to indem-
nity from the United States of America, or any agency thereof, under any
agreement entered into by the United States of America, or any agency thereof,
with any person or organization.
B. Under any Medical Payments Coverage, or under any Supplementary Payments
provision relating to first aid, to expenses incurred with respect to bodily injury
resulting from the hazardous properties of nuclear material and arising out of the
operation of a nuclear facility by any person or organization.
C. Under any Liability Coverage, to bodily injury or property damage resulting from the
hazardous properties of nuclear material, if
(1) the nuclear material (a) is atany nuclear facility owned by, or operated by or on
behalf of, all insured or (b) has been discharged or dispersed therefrom:
(2) the nuclear material is contained in spenl fuel or waste at any time possessed,
handled, used, processed, stored, transported or disposed of by or on behalf
of an insured: or
(3) the bod~y injury or property damage arises out of the furnishing by an insured
of services, materials, parts or equipment in connection with the planning, con-
struction, maintenance, operation or use of any nuclear facility, but if such facil-
ity is located within the United States of America, its territories or possessions
or Canada, this exclusion (3) applies only to property damage to such nuclear
facility and any property thereat.
II. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct
material;
"source material", "special nuclear material", and "byproduct material" have the mean-
ings given them in the Atomic Energy Actof 1954 or in any law amendatory thereof:
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been
used or exposed to radiation in a nuclear reactor;
"waste" means any waste material (1) containing byproduct malerial and (2) resulting
from the operation by any person or organization of any nuclear facility included within
the definition of nuclear facility under paragraph (a) or (b) thereof:
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of urani-
um or plutonium, (2) processing or utilizing spent fuel,or (3) handling/processing
or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special
nuclear material if at any time the total amount of such material in the custody of
the insured at the premises where such equipment or device is located consists of
or,contains more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the stor.
age or disposal of, waste,
and includes the site on which any of the foregoing is located, all operations conducted
on such site and all premises used for such operations:
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in
a self-supporting chain reaction or to contain a critical mass of fissionable material:
"property damage" includes all forms of radioactive contamination of property.
NEW YORK-It is a~reed that the provisions of the "Nuclear Energy Liability Exclusion Endorsement-Broad Form", printed above, does not apply in New York with respect to any
Automobile Bodily Injury Liability and Automobile Property Damage Liability coverage afforded by this policy.
Form 07-02-01 (Rev. 1-73) (Formerly 21100)
P-40490(30M)
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CHUUI:3
: CHUBB GROUP-"-' .,
Of Insurance Companies
15 Mountain View Road, P.O. BDX 1615,
Warren, NJ 07061-1615
~EC~~ONS
GENEIRAL LIABILITY-AUTOMOBILE POLICY
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Pnor Number (85) 7144-77-33
Item 1
Named Insured & Address
Town of Southold and/or Town Board
Town Hall
53095 Main Road
Southold, New York
Name, Mailing Address of Producer
Allied Coverage Corp.
165 Ros1yn Road
Roslyn, New York 11576
Named Insured. D Individual D Partnership D Corporation D JOint Venture
Item 2 12,01 AM standard time at the address
Policy Penod. of the Named Insured as slated From, 6/8/8 5 To 6/8/86
11971
Producer Number 3 - 632 18
Policy Number GLP (86 17144-77-33
x
Issued by the stock insurance company indicated
(by "x" tlalow) herein called the company
FEDERAL INSURANCE COMPANY
Incorpora,led under Ih81aws 01 New Jersey
PACIFIC INDEMNITY COMPANY
Incorpora,led under lhe laws of Caldornia
SUN INSURANCE OFFICE LIMITED
lncorpor~lled under the laws 01 England
ex Other Mnn 1 ,,1 p" 1 1 ty
Audit Penod-Annual unless otherwise stated below,
em3.
~.- -'..:i11,,'<' ,~;,/.i',~,<O::~,li "W :t"~,;.k:H'~' ':wu\.!.iiUt~.~'~ :....i1l~'~.:.;t.;,;::i};M; i.;L.::.......l~,,~,..J '"';b...II;;,.5~',.r.'~",,"'-"M' """" ,;;'!l.....~<.l;~'.....i.~<.oU. 1..i..1...1'..:..t,1 "~~.. ,,"'d-'~~'.:o.~~...j' ......
Insurance is afforded only with respect to the Coverage Partes) specifie,d by a premium charge:
Coverage Part Advance Premium Coverage Part
;ompr(;~hcnslve General LIability Insurance
'ersonal Injury liability Insurance
:ontrac:tualllablllty Insurance (Blanket)
;ontrac:tual Liability Insurance
(Designated Contracts Only)
'remIses Medical Payments Insurance
)wners,', Landlords' and Tenants' liability Insurance
Aanutacturers' and Contractors' liability Insurance
)wners' and Contractors' Protective liabilIty Insurance
(Coverage for Operations of Designated Contractor) $
::Ompreheflsive Personallnsuran~e
:armer's Comprehensive Personal Insurance
-=armer's Medical Payments Insurance
. .
Advance Premium
$
$
$
$
$
$
$
$ 100mp
$
Basic Automobile Liability I~surance
$
Comprehensive Autpmobile Liability Insurance
$
Automobile Medicat Payments Insurance
$
Protection Against Uninsured Motorists Insurance
$
Automobile Physical Damage Insurance
(Fleet Automatic)
$
AutomobIle Physical Damage Insurance (Non.Fleet)
$
Automobile Physical Damage Insurance (Dealers)
$
Garage Insurance
$
$
$
$
,
.
$
$
$
$
TOTAL
ADVANCE PREMIUM $ 100
Authorized Repre tatlve
6-5-85pw
This DecI8,lIlIonPa1l8wilh Policy Provialons,Cov8f8llePart(s)and E_t(llcomplel8abovenum_ policy.
l Wif'ilE1SS Whereof. the company issuing this policy has caused this poticy to be slgned by its au'thorized officers. or the authorized oftacers ot its U.s.
lanager, Chubb & Son 'nc.. but thi$ policy ,shall not be valid unless also signed by a duly authoril.EKl representative of the company_
PACIFIC INDEMNITY COMPANY
..;{Aut ...Ie.. ~ .d.- y
Pttsldenl .lJ~O
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FEDERAL INSURANCE COMPAN"
CHUBB&, SON INC.. U.s. MANAGER OF
SUN INSURANCE OFFICE LIMITED
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........
Plfi6Clel'd
7/ --r A ~-t...;,(
Setlel.\lry
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P-37898 f2fIM)
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UWi'JL:h::i ANU CUNlhACIUH::; r:HOIi=CIIVI:: L1AI:JILlIY IN::;UHANCI:: COVI::HAGI:: PART
COVER'" ~OR QPERATIONS OF DESIGNA. CONTRACTOR
CHUBB
SCHEDULE
Insurance applIes only to those coverages for which a limit 01 liability is shown.
Policy No.GLP (tUn 7144-77_33
COVERAGES
f-,i:- Bodily Iniury Liability
LIMITS Of LIABILITY
$3, 000, 000 each occurrence
B. Property Oamage Liabilily
$ 500,000
$1.000.000
each occurrence
aggregate
Premium Bases
Cosl
29.40.0
Cost
29.40.0
Rales
$100 at Cost
,109
$100 at Cost
.041
Total Advance Premium
Advance Premium
$
32
~_ Code 16292-Construction Operations - Owner
Check here jf the following provision is applicable: ~
The persun or organization deSignated below as the Contractor has undertaken to pay the premium for tl,is policy and shall be eoliUed to receive any return pre-
miums and dividends, jf any, which may become payable under the terms of this policy.
Designation
01 Contraclor James McCu11aae Companv. Inc.
Mailing
Address 75 East Bethpage Rd.. Plainview N Y 11803
Location of
Covered Operations Southold . Scavenger Wastel proj ect
12
luuump
:len used as a premium basis:
)51" means the total cost to the named insured with respect to operations performed lor the named insured during the policy period by independent contractors of all work let
sub-let in connection with each specific project, including the cost of all labor, materials and equipment furnished., used or delivered for use in the execution at such work,
lether furnished by the owner, contractor or subcontractor, including aU fees, allowances, bonuses or commiSSions made, paid or due.
COVERAGE A-BpDILY INJURY LIABILITY or escape ot. smoke, vapors" 5001. fumes. acidsialkalls, toxic chemicals, liquids or gases.
COVERAGE B - PROPERTY DAMAGE LIABILITY wasle malenals or olher Imtants, conlamlnants or pollutants IOto or upon land, Ihe
The company will pay on behalf of the insured all sums which the insured shall atmosphere or an,Y water c~urse Qr body of ,water, but thiS ex~uslon, does not apply If
come legally obligated to pay as damages because of s~ch discharge, dispersal, 1~lease or escape.ls sudden and accldent~L ..
Cover e A bodily inJ'ury or (1110 loss at use of tani,lble property which has not been phYSically IDlured or d..
ag : stroyed resulllng from
, . . . Coverage B. property damage , , . (1) a delay in or lack of performance by or on behalf of the named insured of any
which HilS policy appll~s, caused by an oCGurrence ~nd ans~ng out of (1) operations contract or agreement, or
rfo.rmed f~r the named. msured by the cont.ra~tor deSignated In Ire decla~atJons at ~he (2) the failure of the named insured's products or wort performed by or on behalf of
:atl~n deSignated thereIn or (2) acts or omISSIOns of the named IRsured In co~nectlon the named insured to meet the level of performance, quality, fitness or durability
lh hiS general super~lslon .of such ,operattons, ~nd the company shall have the nght a~d warranted or representlld by the named insured;
ty to del end any SUit agaInst t.he msured seeklng.damages on ~ccount of such bodily but this exclusion does not apply to loss of use of other tangible property resulting from
ury or property dartlage, even If a,ny of .the. allegations of the SUit are gr~undless.' fals~ the sudden and accidental physical injury to or destruction of the named insured's
fraudulent~ and may ,make such investigatIOn an.d settlement of any .clalm .or SUIt as It products or wort performed by or on behalf of the named insured after such products
ems expedient, but the company shall not be obligated to pay any claim or Judgment or or work have been put to U:ie by any person or organization other than an insured.
defend any Soil alfer the applicable Ii mil 01 the company's liability has been exhausted II. PERSONS INSURED
pa~ment of Judgments or settlements. Each of the following is an insured under this policy to the extent set forth below:
!:Jullons . (a) if the named insured is designated in the declarations as an individual, the person
This pohcy does not apply: so designated and his spouse;
, to liability assumed by the insured under any contract or agreement except an (b) if the named insured is designated in the declarations as a partnership or joint
:idental ~ntracl; but thiS exclusion does nol apply to. a warranty that work performed venture, the partnership or joint venture so designated and any partner or member
the deSignated contractor WIll be done 10 a workmanlike manner; thereof but only with respect to his liability as such;
I to bodily injury or property damage occurring alter (c) if the named insured is designated in the declarations as other than an individual,
, all work on the pwject (other than service, maintenance or repairs) to be performed partnership or jo1Ot venture, the organi.zalion ~ designated and. any .executive officer,
by or on behalf of the named insured at the site of the covered operations has director or stockholder thereof while acting wlth10 the scope of hIS duties as such; and
been completed or . , (d)any person (other than an employee of, the named insured) or organtzation while
that portipn of the designated contractor's work out of which the injury or damage act10g as real estate manag!H for the named IDsured.
arises has been lDut to its intended use by any person or organization' other than III. LIMITS OF LIABILITY
another contractor or subcontractor engaged in performing operations for a principal Regardless of Ihe number of (1) insureds under this pOlicy, (2) ~rsons or organiza-
as a part of the same project; . tions who sustain bodily injury or property damage, or (3) claims made or suits brought
to bodily injury or property damage aris10g out of o\Ily act or omission"of the named on account of bodijy injuf'~ or property damage, the company's liability is limited as
,ured or any of his employees, other than general superviSIOn of work performed follows: '
the named insured by the designated contracter; Coverage A - The total Jlability of the company for all damages, including damages
to any obligation for which the insured or any carrier as his insurer may be h'eld for care and loss of servic'Bs, because of bodily injury sustained by one or more per-
Jle undEir any workmen's compensation, unemployment compensation or disability sons as the result of anyone occurrence shall not exceed the limit of bodily injury
Ileflts law, or under any similar law; liability stated in the schedule as applicable to "each occurrence".
to bodily injury to any employee of the insured arisin~ oul of and in the course of Coverage B - The total liability of Ihe company. for all damages because of all property
employment by the i,nsured or to any o,bl!gation of t~e IOsure~ to indemnify anolher damage sustained by one or mOTe. persons or organizatiqns. .as the re~ult of anyone
:ause of damages ilflsing oul of such IOJury~' but thiS exclUSIOn does not apply to occurrence shall not exceed the limit of property damage hablllty staled 10 the schedule
Jility assumed by the insured under an inCidental contract; as applicable to "each occurrence",
, to property damage to Subject 10 the above pl'Ovision respecting "each occurrence", the total liability of
, properly owned or occupied by or rented to the insured, the company for all damal:es because of all property damage to which this coverage
properly used by the insured, . .. applies shall not exceed t Ie limit of. property ~ama&e .Iiability stated in the schedule
proplij'"ly in the care, custody or control of the IDsured or as to which. the IOsured as "aggregate". If more than one project IS deSlgna~d 10 the schedule, such aggregate
IS fo(any purpose exercising/hysical control, or limit shall apply separately with respect to each proJect.
I work performed for the insure by the designated contractor; Coverages A and B - For the purpose of determining the limit of the company's
to bodily injury or property damage due to war, whether .or not declared, civil liability, all bodily injury and properly damaee arising out of continuous or repeated
r, insurrection, rebellion or revolution or to any act or conditiOn incident to any of exposure to substantially the same general conditions shall be considered as arising
, foregoing, with respeclto (1) liability assumed by the insured under an incidental out of one occurrence.
'lracl. '" (2) expenses tor'lirsl aid under'flJe Supplementary Payments provision IV. ADDITIONAl DefiNITION
the policy' W d' t to th' . (' clod' nd I I' t
to --.'1 '. . rty d . . t tll) Ih -,' le hen use In re erena, IS Insurance 10 mK e Grsemen S ormlOg a par
.- Y IllJury or prope ~ma.. anSlDg ~u o. e ownersll~p, maID .nance, of the policy):
~rabon. use, loadl.ng or u.nloadmg 01 any RIO.bile eqwPlQeflt .while belAg. used ,I~ any "work" includes materials, parts and equipment furnished in connection therewith.
arranged or organIZed racmg, speed or demolition contest or ID any stunting activity or
_,"ctice a. preparation tor any such conlest or activity or (2) the operation or use of V. POLICY TERRITORY
I snowmobile or t~ailer designed lor use therewith; This insurance applies clnly to bodil)' injury or property damaae which occurs within
to bodly injury or property damage arising out of the discharge, dispersal. retease lhe policy t..rilory.
K:
I- . ·
nus ENDOR MENT CHANGES THE POLICY. PLI,ASE READ IT CAREFULLY.
CHUBB
This endorsement changes the policy effective on the inception date of the policy unless a different date is indicated below.
(The fonowing need be completed only when this endorsement is issued sub"quenl to preparation 01 the po~cy.)
This endorsement. effective on
(DATE)
at 1 ~!:Ol A.M. standard time, forms a part of
policy No.
(86)7144-77-33
of the
(NAME OF INSURANCE COMPANY)
Issued to:
Producer:
NAMED INSURED
Town of Southold and/or Town' !Board,
Town Hall, 53095 Main Road .
Southold, New York; and Inc. Village
of Greenport, 236 3rd. Street, Greenport,
New York, and Holzmacher, McL"mdon & Murrell
P.C. 125 Baylis Road, Suite 1.40, Melville,
New York
.
')
All Other Terms and Conditions Remain Unchanged
Form lEi-02-33 / 1 Pari (Ed. 4-76)
....::.r..
II.a.'"
~
e.. .
THiS ENI)ORSEMENT CHANGES THE POLICY. PLE:ASE READ IT CAREFULLY.
" '.
CHUBB
This endorsement changes the policy effective On the inception date of the policy unless a different date is indicated below.
(The following need be completed only when this endorsement ,sll$UoOlubtequent 10 preparation ollhe poUc)'.)
This endorsement, effective on
(DATE)
at 1 ~::01 A.M. standard time. forms a part of
policy No. GLP(86)7144-77-33 ofth.e
(NAME OF INSURANce COMPANY)
Issued to:
Producer:
It is hereby understood and agreed that thirty (30) days advance
notice will be given to the Named Insured in the event of
cancellation or non-renewal of the captioned policy, except in
the case of non-payment.
.
.,
All Other Terms and Conditions Remain Unchanged
~
Authorized Repreaentative
Form 16-0'-33: 1 Patt lEd 4-781
--:.....
"0.
,
.
INTERNATIONAL FIDELITY INSURANCE COMPANY
24 COMMERCE ST., NEWARK, NEW JERSEY Oi'102
8/25
GENERAL FORM STATUS INQUIRY
Office of the Town C1erk,Judith T. Terry
Town of Southo1d
OWNER, OBLIGEE OR ORIGINATING CO.
July 13,
19
85
Town Hall, 53095 Main Road,P.O.Box 728
Our Bond No._
027015
ADDRESS
Southold,N~ York 11972
Reinsured's No.
Conlroclo" McDowell Electric Corp.
Addr..., Box 216, Edwards Avenue, Ca1verton,New York 1933
D.scription 0/ Contrach scavenger waste treatment facility, GreenpoI't,New York
(INCLUDE L.OCATION AND OWNER'S CONT;~ACT NUMBER)
Own." Town of Southo1d
Contract Price $
Without prejudicing your right or affecting
information as is now available.
Bondls) $ 97,797.00 ElIective Dot. June 12. 1984
our liability under our bond!s) described ahove, we would appreciate such of the following
fh
Stam~d adckeued envelope is enclosed
for reply
Very truly yours,
EILEEN DUMCIiiUS
ST A TUS SUPERViSOR:
1. IF CONTRACT COMPLETED, PLEASE STATE,
Approximate date of completion of work (or final deliveryl
Approximate acceptance dote
Final Contract Price $
2. IF CONTRACT UNCOMPLETED, PLEASE STATE,
Approximate percentage or dollar amount of contract completed or delivered 50%
3. Do you know of any unpaid bills for labor or materiallCheck)
No__Yes__llf yes, please explain in 4. below)
4. Remarks: (if any)
McDuwell Electric CllIJl. contract amt. $97,797.00,
$4.750.00 was Raid to McDowell on 11/14/84. Althouqh proiect is 50% complete. that
does not mean 50% of McDuwell's contract. ~ /' J ~ ~/
Dol. July 18 19 85 Signotu:~:t~'[;~~:-~e~~/.(>?/7~
Please Return Original 0/ This Inquiry To Title SouthoJd Town Clerk
Address:
Attention:
5~81 5M
;:""1
S~lOO
'~'--I-~'-----
JAM~S McCULLAGH CO., I.
· 75 East Bethpage Road
Pij4INVlEW. NEW YORK 11803
.....
-18835
(516) 293-8800
TO --rrwrv rl""~oF7t()ld ,
717J~ /-hH1 ,rJo,/J' I(~ ~
:;!.c/~IcI, IVY /(~? I
_ a._ _...
_ WE ARE S~NDING YOU 0 Attached 0 Under separate CDver via
o Shop drawings
CJ Copy Df letter
o Prints
o Change order
o Plans
o
[b~'iY'j]'[~.CID [F' 'iYOOL'.\ ~ ~ roo a 'iT 'iT L'.\[b
the foUDwing items:
o Samples
o Specifications
COPIE$ -;;qE NO. DESCRIPTION
2.r 4/}f/fJ "1~ K'e...J1u,;-,..J - /1'/ s L .~ - f~)~ -
77 71~Y'I-t:vd H/Ce.. - /-yr/- A. ,',
THESE AREI TRANSMITTED as checked below:
o FDr approval
o FDr YDur use
o As requested
o Approved as submitted
o Approved as noted
o Returned for correctiDns
i!J FDr review and comment 0
tJ FOR BIDS DUE
o Resubmit_copies for approval
o Submit~copies for distribution
o Ret."n_corrected prints
o PRINTS RETURNED AFTER LOAN TO US
19
REMARKS
;;1/
I
I
SIGNE . <--
" .ncloaurn .,. not .. noNcf. Iclndly iiotIf7 u. CNtce.
COPY TO
1'lIIIlllCJZtl).2:~I&,""""OI411
'_","",--,--- __~____ I
____----,.:..._----,-_____ - _..________n___ ______ _____._.___._ ____.__
Tran$portation and Installation Continuation of Liability. Endorsement
'. .
.~
.
~
THE HARTFORD
c
1.
Named Insured and Address
JAMES MC CULLAGH CO INC
SEE ATTACHED ENDORSEMENT
Policy Number
12 TM RM4060
1$ en rsemen orms a part 0 e policy as numbered above. issued by
THE HA TFORO INSURANCE GROUP company designated therein,
~
2. TERMl12:01 a,m, standard time at place of issuance unless otherwise stated.
P,l.ctucer'. N.me and Add,e.. Produce,'. Code
6-8-85 6-8-86 Term 1 Year
InceptiDn (MD. Day Yr.) ExpiratiDn (Mo. Day Yr,)
ALLIED COVERAGE CORP
122777
In consideration Df the premium indicated in Item 3. below. tt is agreed
that the poNcy period is extended lor the Continuation Period indicafed in
Item 2. above.
The Amount(s) or LJmtt(s) of Insurance and the Schedules stated in the
policy remaln unchanged unless otherwise stated in Item 3. or Itam 4.
respectively 01 this elr!dorsement.
L
-.J
3. COVERAGES Limits of Insul'llnC8 Rate Premium
MOTOR TRUCK CARGO -
B. Owner's Goods on Own Vehicles $ Total limit of insurance $
C. Carrier's Liability $ Total limit of insurance $
(Non-Reporting Form only)
0 (Non-Reporting FDrm) $ Two or more vehicles away from premises
[J (Grofis Receipts Reporting Form) $ Termlnal- 1} Locations as
$ Terminal - 2 described in item 4
$ Newly acquired terminals
D. ANNWiL TRANSIT $ Total limit of insurance $
E. INSTAULATlON FLOATER limits of liability:
$ NO COVERAGFa. Property in transit on anyone conveyance; VRS $ 500.MP
$ 29,400. b, All property at anyone site of installation:
$ NO COV c. Any location other than the site 0'1 installation:
$ 29,400. d, All property in anyone loss casualty or disaster.
$
Form ~:~':' of Endorsements forming part of policy at issue remain I ~eductible P.mount I TOTAL
the same un ss otherwise stated herein G-2240-3A $ 250. PREMIUM $ 500.MP
4 ~,SCHEoULE of vehicles and limits of insurance appliCable to each
T,_ N.me (Yee, Model, Type Body, Tonnage, Foctory Number, Serl.' Number) Umit of Insurance
SClI.EDULE REMAINS THE SAME
LOCATION ZIP 11971
MINIMUM RETAINED PREMIUM $500.
b The following declarations apply respectively to such coverage(s) as are designated in item 3 ;:lS being afforded
Coverage B Principal Commodity Transported Radius of Operations
Coverage C Principal Commodity. Transported Radius of Operations
locations of terminals 1 2
Principal Commodity Shipped Shipments covered: 0 Incoming OOulgolng
Pnncipal Type of Property Installed PLUMBING
miles
miles
Coverage 0
Coverage E.
Nothing herein contained shall be held to vary, waive, alter. or extend any of the terms. conditions, agreements or declarations of the pqlicy. other
than as her~in staled.
This endorsement shall not be binding 'unless countersigned by a duly authorized agent of the campa
DK/hmt NEPC 4-27-85
Agent
Form 1I.e8-4 Printed in U.S,A. (NF)
Policy Num~er
12 TM RM4060
This endor~ement forms a part of the policy as numbered above,
issued by T~E HARTFORD INSURANCE GROUP company designated
therein, andltakes effect as of the effective date of said policy unless
another eff ctive date is stated herein.
Effective Date Effective hour is the same as stated
in the Deciarations of the policy.
· X. THE HARTFORD
. ' Namecllnsured and Address
.
JAMES MC CULLAGH CO INC
SEE ATTACHED ENDORSEMENT
End!. No.
NAMED INSURED
INTEREST IS VESTED IN JAMES MC CULLAGH CO INC
75 EAST BETHPAGE RD., PLAINVIEW, NY 11803
AND
TOWN OF SOUTHOLD AND/OR TOWN BOARD, TOWN HALL
53095 MAIN RD., SOUTHOLD, NY 11971
Nothing hj!!rein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or
declarations of the policy, other than as herein stated.
This endofsement shall not be binding unless countersigned by a duly authorize,d agent of the company; provided that if
this endor$ement takes effect as of the effective date of the policy and, at issiue of said policy, forms a part thereof,
countersignature on the declarations page of said policy by a duly authorized agent of the company shall nstit valid
countersignature of this endorsement.
Form G-2240-3 A Printed in U.S.A.
1,..In'f>on.lIlOn .Ino lrl,I.lU.llion LOllllllu.lllOn 01 ll.lullIly tnuorscmenl
.
.
x.
THE HARTFORD
,
Policy Number
12 TM RM4060
IS en arsemen orms a pa 0 e policy as numbered above, Issued by
THE HARTfORD INSURANCE GROUP company deslgnaled Ihereln,
Endl. No,
1
1.
Named Insured and Address
JAMES MC CULLAGH CO INC
SEE ,~TTACHED ENDORSEMENT
2. TERM: 12:01 a.m. standard time at place of issuance unless otherwise stated.
I ProdU_'1 Nome ond Add.... Prad.-r'1 Code
6-8-85 6-8-86 Term 1 Year
Inceplion (Mo. Day Yr.) Expiration (Mo. Day Yr.)
ALLIED COVERAGE CORP
122777
In conaidanllion of the premium indicalod in hom 3. ~~ n is agroed
thalthe policy poriod is __ lor the ConlinuoIIon nmoa 1_ in
110m 2. _.
L_
-.J
Tho Amount(s) or l.imit(s) of Insurance and the Schodulol _ in the
policy remain uncha'lQld unleso __ I18I1d In 111m 3. Dr 111m 4.
reopectively of lhil Indonlomont.
":}
3. COVERAGES Llmltl 01 InlUronce Rail Premium
MOTOR TRUCK CARGO -
B Owner's Goods on Own Vehicles $ T alai limit at Insurance $
C Carrier's Uabllily $ Tolal limit of insurance $
. (Non-Reporting Form only)
[J (Non-Reporting Form) $ Two or more vehicles away from premises
IJ (Gross Receipts Reporting Form) $ Terminal - 1 } Locations as
$ T armlnal - 2 described in item 4
$ Newly acquired terminals
D. ANNUAL TRANSIT $ Total limit 01 insurance $
E. INSTALLATION FLOATER limits of liabl~ty:
$ NO COVERAGFa. Property in transit Dn anyone conveyance; VRS $ 500.MP
$ 29.400. b. All property al anyone sile 01 Installation;
$ NO COV c. Any location olher Ihan the site 0' instaUalion;
$ 29.400, d. AU property in- anyone loss caslJlalty or disaster.
$
Form Number. o. Endo....ment. forming part at policy at issue remain I ueductiblo ,~mounl I TOTAL
the same unless otherwise stated herem G-2240-3A $ 250. PREMIUM $ 500.MP
4 a SCHEDULE 01 vehlcl.. and Ilmlll ollnlul.lnce _Iiclble 10 ..ch
Tr_ -Namor (Yllr Modal, Typo _y, Tonnalll, Foctory Number, 50rlll Number) Umll oIl",u"nce
SCHEDULE REMAINS THE SAME .
LOCATION ZIP 11971
-
MINIMUM RETAINED PREMIUM $500.
-
b, The following declarations apply respecllvely to-such coverage(s) as are de~gnated In Item 3 as being afforded.
Coverage 8 Principal Commodity, Transpqrted Radius of Operations
Coverage C.' Principal Commodity Transported RadiUS of Operations
Locations 0' terminals 1 2
Principal Commodity Shipped Shipments covered: 1:1 Incoming CI Outgoing
Pnnc'pal Type of Property Insfalled PLUMBING
miles
miles
Co....erage 0
Coverage E
Nothing herem contained shall be held to vary, wwve, aher, or extend any 01 the terms, conditions, agreements or d,clarations of the pqltcy, other
than as herein staled.
This endorsement shaJl not be bin(jing 'unless countersigned by a duty auJhorized agent of the compa
DK/hmt NEPC 4-27-85
CounterSigned by
Agenl
Form........ Printed in U.S.A. (NF)
.
~ )HE HARTFORD
Namecllnsured and Address
.
.
POIII:Y Number
12 TM RM4060
This endorsement forms a part of the policy as numbered above,
issued by THE HARTFORD INSURANCE GROUP company designated
therein, and takes effect as of the effective date of said pOlicy unless
another effective date is stated herein.
Effoctive Oate Effective hour is the same as stated
in the Declarations of the pOlicy.
JAMES MC CULLAGH CO INC
SEE ATTACHED ENDORSEMENT
Endt. No.
~
NAMED INSURED
INTEREST IS VESTED IN JAMES MC CULLAGH CO INC
75 EAST BETHPAGE RD., PLAINVIEW, NY 11803
AND
TOWN OF SOUTHOLD ANO/OR TOWN BOARD, TOWN HALL
53095 MAIN RD., SOUTHOLD, NY 11971
.
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or
declarations of the policy, other than as herein stated.
This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if
this endorsement takes effect as of the effective date of the policy and, at isslJe of said policy, forms a part thereof,
countersignature on the declarations page of said pOlicy by a duly authorized agllnt of the company shall nstit valid
countersignature of this endorsement.
Form G-2240-3 A Printed in U.S.A.
-
.
.
,tN
.
.
.
"
~
-- --
JUMS.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
c&ue"<<!le~ <tf+.
....... -....
BondS and I nsurlnee
May 30, 1985,
r I
Town of Southold and/or Town Board
Town Hall
53095 Main Road
Southold, New York
L ~
F~e: Contract No.3 Plumbing C36-1120, 50Th 83'-02.
[J On behalf of our client: James McCullagh Co., Inc.
Enclosed please find:
bl Certificate of Insurance
tJ Owner's & Contractor's Protective Liability Binder(s) Policy
o Builder's Risk Binder(s) Policy
o Endorsement amending policy as shown below (see remarks)
[J Please refer to remarks section below.
[J Endlosed please find items indicated above, in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records).
[J REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
cc:
f}L
Julie Lesser
,yor~ ISSUE DATE (MMlDDIVV)
,.~ ., . .m ". _"..Si30/85
~ " m,..
Allied CPlAerage Corp.
165 Roslyril Road
Roslyn Heights, NY 11577
lNSUAIED
James McCullagh Co., Inc.
75 East Bli!thpage Road
Plainview, NY 11803
THIS CERTIfICATE 11_ All A MATTER OF INFORMATION ONLY AND 00NFEIlS
NO RIGHTI UPON TtE w:n.........nE HOLDER. nD w:n IIrftooATE DOES NOT AMEND,
EXTEND OR AL TEA THE COVER~ClE _ IIY THE POLIc:E8 BELOW.
COMPANIES AFFORDING COVERAGE
COMPANV A Great Northern Insurance Company
LETTER
COMPANV B Federal Insurance Company
LETTER
COMPANV C Vigilant Insurance Company
LETTER
COMPANV D Hartford Accident & Indemnity Ins. Co.
LETTER
COMPANV E
LETTER
THAT POlJCIEI OF INSURANCE USTED BELOW ~VE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
ANY REQUlREIENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER _T WITH RESPECT TO WHICH THIS CERTIFICATE MAY
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN II SUB.IECT TO ALL THE TERMS, EXCLUSIONS, AND COND~
POlJCIEI.
B~~LlA FORM
A lllliER UMBRELLA FORM
t~ 702151"
D~.S. Disability OBI,.. 152594
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAllTEMS
James McC~llagh Co., Inc. in connection
Plumbing C36-1120, SOTH 83~02. Included
Board and Llnc. ..'lilla.2e...O.f. Greennorr.
1ll~:"I:nOfi'.":[.I~U":
Town of S~utho1d
Town Hall
53095 Main Road
Southo1d, N.Y.
~
TYPE OF INSURANCE
Clt:NERAL LIABILITY
A X COIIPRfHlNSlVE FORM
PREMISfSJOI>ERATlONS
~:OCOLLAPSE HAZAAIJ
~lJ>ERATIONS
CONTRAClIJAL
IMlfPENOW CONTRACTORS
BROAD FO/lM PROPERTY DAMAGE
PfRSONALINJURY
AUTOlIOBHiE UABAJTY
B X ANY AUTO!
ALL OWN$> AUTOS (PRIV, PASS.)
ALL IlWNIID AUTOS (.P~)
HIReD AU1IOS
NON-Ot/NIlD AUTOS
GARAGE LIA8ILrTY
POllCV NUMBER
P<lUCV EFFECTM
DATE (MMIlJl>YY)
I'llLICY EXPIRATION I LIABiliTY liMITS IN'TIiOUsANos
DATE (MMIlJl>YY) _ ~ LAGGAEGAlC _
5/31/86 I~~ 1$, f$
~L_r-
~~~500. $ 500.
, r PERSONAL INJURV 'I~
5/31/86 l;tr-l~__
l;tr-I$
E~-
!I . ,I~~I$ 500.
![5/31/-86 T~;NellI$_10'000~$101000.
f5../31/86 I STA~O 'IEACH ACCIDENl]
$ 500 (OlSEASE-PDLICV L1MI1]
_$ 100 (OOEASHACH EMPLOYEE)
5/31/85 Until Statutory
Cancelled . .._.__
As respects to all operations performed by/or for
with Southo1d Scavenger Waste Project, Contract No. 3
as Additional Insureds: Town of Southho1d and/or Town
~II:1.Ir'lI.I'J~
MP 3521-71-26
5/3.1/85
i'Il.l.;"~rnO-l!'"
BAP (86) 7305-86;"96
5/3.1/85
7961 21 44
5/3,1/85
5/3.1185
tGJIZE'tnr,IlItli1:l.l;1j.TII['R.I:I:'!
;~ SSUE';;~
~ THII "",,,..,.;ATE II ASAMATTIIlOF~TIONOILYAND_
NO __ UPON TIE ~TE 1tOLIIEII. THII CERTFlCATE llllEI NOT _,
EllTEIIIl OR ALTER COVEJIj\ClE __ IIY THE POLICIEI _.
AWed E' . Corp.
18 .. RoIId
Roslyn H gilts, NY 11sn
COMP AFFOADRjG COVERAGE
COMPN/V A Great Northern In...4 _lC_ eo.pany
LETTER
INSUREO
COMPANV. ......... IIUIur8nce C,nlpany
LETTER
COMPANY C VIgIlant Inll_ ~
LETTER
J. __ Mc4tIIIagb Co.. Inc.
7SE~~RoIId
PIaInvfew~ NY 11103
COMPANV D Hartford A,c:ddent , IncHMnIty Ins. Co.
LETTER
COMPANYE
LETTER
~~
THAT POLICES OFINSURAIlCE LIlIT1iDBELOW~VE BEEN IS8UEDTOTHE INIUREDIIAMEIl ABOVE FOR THE-..c:Y PEAIODIlllllCATED.
ANY REQlT"' -rr 1BlIII OR CONDITlON OF AllY CONTRACT OR OTHER llOCl_r WITH REBPECT TO WHICH THIS CEIITlI'lCATE MAY
MAY PERTMI, THE iiiiiitIWiCE AA'ORDED IIY THE POIJCIES IlElIo:mlED HEREIN IS SUBJ'ECT TO ALL THE ~, EXCLUSIONS, AND CONIlI-
POLIClEI.
POlICY ,_ POlICY EXl'lRATIONI' 'LiABIt.nY llMirS IN TIlOlISANiIs--
DATE (MlMllJII'V) DATE (MlMllJII'V) ,_ ()(:dj:.\~&a AGGREBATE
GE~FORM MP 3521-71-26 5/31/85 5111/" T~J$ _._ J~ ,..
iiilrfA~ I~RTY~ 1$
:E::- ~l'';r;'"
::W~~~ ~:~~INJURV $
ANY AUTO UABAJTY BAtt (n) 7385-.96 5/31/85 s/3.1/~ -r~-I $
ALL OWNED AUTOS (PRIV. PASS.) r~. .:.::rs--
ALL llWNEll AUTOS (WII9R THAN) ~'"'-" '"
::: AUTOS . PASS. I~r$-u
GARAGE UAmLnY r~~~ $ . IlL
~=~LLA FORM 7161 21 .. 51!1/B5 5/31/U1::ED $ 18.~i$ 10.....
,. 701153 J1 5/11/85 5/31/. rSTA~ro;v..
$ .lit,
~lto
,~.s.!DfAbllty I DBL 152514 15/11/85 [~_ Statutory
OESCRIPTION OFOPERATIONSllOCATIONSlVEHICLESlSPECIAllTEMS ja reepe&ta ta all ..__~ ,..&. l' 'tIT1- f_
~ ~ Co.. &c. ill ~ ~~ widl ...tllDU .........<< ..... ~ject:, c-u..t ... 3
n.._ ...n.. ... 13-02. IM~_ht .. Mtit1eMl T- ....11 r- ef I-"'U 14 __,_....
- . ...1 I8&. ..." -- ..... . Ie. u "., .____
=-:t:.DI;rr~~.u'JI""J::iI: ".:.'~[tJ=lII"'.:."['U
ff4
TYPE OF INSUFlANCE
POLICV NUMBER
'WORKERS' COMPENSATION
AND
EMPLoteRs' UABlUTY
lEACH ACCIDENT)
(DISEASE-POL1CY LIMO]
---------
IDISEASE-EACH EMPLDVEEj
r.. .. ., -111 aMI- ~ ~
~ Ball
,.5 MaU ....
..-..u. .. T.
THE EX-
VOR TO
TO THE
OR LJAIIIlJTY
....~/
i--
L.__ _L
.$![G:lW'---:B
1I:rI:1.<<.];~tI'nI:linJlOI']~(:I:!!
",/f~
.
.....-----
f "\ ro", ,...
in.I'.!i " f,."~ J ffVl[.'":Jm
,,,," '..._' , ' '. . "' ,co, 0> 1
I ~ I . -'. '..:.' .,,-. I
.:/ i ~-'--''''~-':';~ 1
U~uL. MAR? 5 1985 f
L- . "
. ,
.-........_. -J'
TOWj'J C;: ,': . :-.: ...--/
. -...:. ..,1 '-...... : , "'..' ..~)
--------.1
..
.....
~
I'
New York State Department of Environmental Conservation
50 Wolf Road, AlbBny, New York 12233-0001
Henry G. Williams
CommissionAr
March 19, 198:'
Mr. Francis J. Murphy
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
RE: C-36-1120-02
Minority Business Enterprise & WOmen
Business Enterprise Program (MBE/WBE)
Dear Mr. Murphy:
This letter is written in response to correspclndence from the Town of
Southold dated February 11, 1985 in compliance with the N.Y.S. Department
of Environmental Conservation' s MBE/WBE program.
Based on a review by this Office of the information submitted, the fol-
lowing determinations have been made:
COOTRACT
AMOUNT
TEN PERCENT
MBE OOLIAR AMOUNT
'IW PERCENT
WEE OOLIAR AMOUNT
$1,957,000.00
$ 195,700.00
$ 39,140.00
The subcontract between Ferran Concrete Co., Inc. and D.A.R. Contracting,
Inc. for $172,000.00 requires further explanation before a decision can be
made by this Office. It appears that in this subcontract D.A.R. Contracting,
Inc. is supplying equipnent that the firm does not manufacture. Under this
circLmlStances, MBE credit can only be given for a maximum twenty-five percent
(25%) of the MBE dollar goal amount ($48,925.00) plus the actual cost of in-
stallation, start-up, service and instruction.
Please have the prime contractor submit a revised utilization plan with
the appropriate cost breakdown.
CONTRACT
AMOUNT
TEN PERCENT
MBE OOLIAR AMOUNT
'IW PERCENT
WEE OOLIAR AMOUNT
$
29,400.00
$
2,940.00
$
588.00
.J
.
.
,
Mr. Murphy
Page 2
March 19, 1985
The proposed MBE subcontract between James McCullagh Co., Inc. and
D.A.R. Contracting Co., Inc. or Francis A. Lee, Inc. is similar to the
"Ferran subcontract". It appears that in this subcontract that the MBE
would be providing supplies that the firm does not manufacture. Under
this circumstance, MBE credit could only be given for a rnaximLml of twenty-
five percent (25%) of $3,200.00 ($800.00) plus the actual cost of instal-
lation.
Please have the prime contractor sul:xnit a revised utilization plan
with the appropriate cost breakdown.
The utilization of E. Korry Ltd. to meet the I'/BE goal with a subcon-
tract of $900.00 is hereby approved. However, WBE credit cannot be given
until this firm is registered with the N.Y.S. Department of Corrmerce and
listed with our Office. Please have E. Korry Ltd. fill-out the enclosed
N.Y.S. Department of CollInerce and the N.Y.S. Department of Environmental
Conservation Identification forms along with the ~Lnority Disclosure
Affidavit form and return to this Office
CONTRACT
AMOUNl'
$ 130,000.00
TEN PERCENT
MBE OOLIAR Al-lOUNT
'lW) PERCENT
WBE OOLLAR AMOUNT
$
13,000.00
$
2,600.00
The utilization of Clyde Porter, Jr., Consulting Engineers in a suJ:r.
contract totalling $16,930.00 is hereby approved. Please send a copy of
a signed subcontract within fifteen (15) days of rE!ceipt of this letter
and have the firm fill-out the enclosed N.Y.S. Department of CollInerce and
the N.Y.S. Department of Environmental Conservation Identification forms
along with the Minority Disclosure Affidavit fom and return them to this
Office.
Also, please have the prime contractor submit a WBE utilization plan
to this Office.
In answer to the concern indicated by prime a:mtractors about sub-sub-
contracting, a response will be sent to the 'Ibwn of Southold in a separate
letter within the next ten (10) days.
.
~
.
Mr. Murphy
Page 3
.
March 19, 1985
If you have any questions or require additional information, please
contact Raoul A. Davis of this Office at (518) 457-4425.
Enclosures
cc: R. Knizek, OCM, Section Chief
J. C. McMahon, MBE Officer
G. !Desch, H2M, Project Manager
Pr.vvdw
SincerE!ly,
'P ~~,..,v z1ff cJ.~f.tt,
pecolia l1acklin
Director, MBE Unit
~or ';;U;;:7~~
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOIlMATION ONLY AND CONFERS
NO RIGHITS UPON THE CERTIF1C:ATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVEF~GE AFFOROED BY THE POLICIES BELOW.
Select Pl<UlIling, Ltd.
20 Crossways Park North
Woodbury, NY 11797
COMPANIESi AFFORDING COVERAGE
RECEIVED
COMPANY A
LETTER
COMPANY B
lETTER
COMPANY C
lETTER
COMPANY D
lETTER
COMPANY E
lETTER
Zurich Insurance Co.
MAR14~
-
INSUflED
Town CI..rlr <;nn.....'d
, (;ll",r",ntee..& Liabi1itv "
- -----". -".. ,
'I Ar.r.inAnt., & Indermity Co,
Fe=an Concrete Co., Inc.
93 Allen Blvd.
Farmingda1e, NY 11735
tl:'lrl~:ffiI'~
THIS IS TO cl;RTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICV PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMEPIT WITH RESPECT TO WHICH THIS CERTIFICATE MAV
BE ISSUED QR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TICINS DF S~CH POLICIES.
31-75-281-01
11/23/84
-----
POLICY EXPIRATION ... L1J\.~!!-IT'(LI_MIT13: IN THOUSANDS
DATE (MMIDDIYYl. -- EACH I AGGREGATE
m ~URReNCE .
~~N~E~~ 1$ 1$
I LOOO.! 1.000
1~~i~~TY I $' ']$ ,. ,
11/23/8 ~bt~~ED $ 500, J~SOO'
I PERSONALI~~RYr1'O_00'
800IlY ~---
INJJRY $
I~R~""'I
~~,,,J$
11/23/8 ~~~~~TY $
&~r' TYPE OF INSURANCE
GENERAL llABILlTV
X COMPREHENSIVE FORM
X PREMISES/OPERATIONS
UOOERGIIlUND
EXPUlSION & COLLAPSE HAZARO
A X PRODUCTSICOMPLETED OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FmRM PROPERTY DAMAGE
X PERSONAl INJURY
POLICY NUMBER
POliCY EFFECTIVE
DATE (MM/DDIYV)
AUTOMOBLE LIABILITY
X AAY AUTO
ALL OWNED AUTOS (PRIV, PASS.)
AlL OW~D AUTOS (OTHER THAA)
PRIV. PASS,
A X HIRED AIJrOS
X NON.QWNED AUTOS
GARAGE LIABILITY
31-71-248-01
11/23/84
~CESS L1ABILITV
B X UMBRELLA FORM
n.. OTHER THAA UMBRELLA FORM
12HU\lW1476
4/1/85 1 4/1/86
9/30/84 r4/1/86
j
BI & PO I
COMBIN~D_$ 1,-000,
~bt~~E+_10'000,$10'000'
I STATUTORY
B
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
3171214 02
lEACH ACCIOENT)
(DISEASE,POLlCY LIMIT)
(DISEASE.EACH EMPLOYEE)
_tHER
DESCBIPTION OF OPERATIONSlLOCAT10NSNEHICLESlSPECIAL ITEMS
Southhold Scavenger waste treatment facility, Greenport, NY (SEE OVER)
*Md' 1 Ins. Town of Southhold and Village of Greenport
Town of Southhold
Town Hall
Southho1d, NY 11971
Att: J. Terry
1J.:.'HIj~j[.J~
SHOULID ANY OF THE ABOVE I~ESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRATION DATE THEREOF" THE. ISSUING COMPANY WilL ENDEAVOR TO
MAlL-30--DAVS WRITTEN I'IO~ I '0 T.HE CERT.IF.IC. ATE HOI,DER NAMED TO THE
LEFT, BlIT FAILURE TO MAil S~ICH SHALL IMPOSE NO ~TION OR llABlUTY
OF ANY KIND UPON THE COMP , I~ ~ENT~R RE75ENJrVES.
AUTHORIZED REPRESENTATIV5'[ ~~~
IliJE{er.]iTiIer.illE:.l!U[.]~DI:Y:
oi::t:."liIr""".:r.r'~'J":
.=.l.tI:'-liI'.4iID'B:~1
.... '--.
.
~ HOLZMACHER, MclENDON & MURRELL. P.C.
.
W!~CCIErrWIElD)
JAM 23 198$
F.fRRAN CONCRETE CO.. INC.
CHANGE ORDER NO. 1
CONTRACT NO.1: General Construction and Mechanical Work
C-36-1120-03
PROJECT: Southold Scavenger Waste Treatment Facility
CONTRACTOR:
Ferran Concrete
93 Allen Boulevard
Farmingdale, New York
11735
Contract: Mr. P. Brian She,ahan
(516) 249-4975
OWNER:
Town of 50uthold
Town Hall
53095 Main Road
Southold, New York 11971
Contact: Supervisor Francis Murphy
(516) 765-1800
ENGINEER:
H2M/Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Contact: Mr. George W. Desmarais, P.E.
(516) 752-9060
DATE:
January 22, 1985
DESCRIPTION OF CHANGE ORDER:
This Change Order entails the followinCj item(s):
A. Excavating and removing unsuitable material; supplying,
placing and compacting stone blend material; and all
required compaction tests.
REASONS FOR MODIFICATION:
A. A layer of gray brown silty loam was encountered during
excavation for the rotating biological disk unit (RBDU).
The silty loam is inadequate as a base material for the
structural integrity of the construction of the RBDU
concrete tank. Complete removal of the loam layer was
ordered by the Engineer, so that an adequate sub-base
-1-
"
-
.
.
~ 1l0LZM...CHER, McLENDON & MURRELL, P.C.
CHANGE ORDER NO. 1 (Continued)
REASONS FOR MODIFICATION (Continued):
would be provided for the RBDU. 'I'he area was excavated
an additional 2'0" depth until a c;:rravelly sand sub-base
material was encountered. The loa,m was completely re-
moved, resulting in an excavation below the RBDU tank
bottom elevation.
In order to ensure the structural integrity of the RBDU,
the Engineer requested that the Contractor excavate the
unsuitable material and backfill amd compact the excava-
tion with a stone blend material. The stone blend mat-
erial was carefully placed, compacted, and compaction
testing performed to ensure that aLdequate levels of
compaction were achieved.
CONTRACTOR'S PROPOSAL:
Additions: 85.10 cubic yards of material
Yards excavated (machine):
85.10 yd3 x $3.50/yd3
=
$ 297.85
Yards backfilled (machine):
63.83 yd3 x $1.50/yd3
=
95.75
Yards backfilled (hand):
21.27 yd3 x $30.00/yd3
TOTAL
=
638.10
=
$1,031. 70
TOTAL NET COST FOR CHANGE ORDER NO. 1. . . . . .$1,031.70
The Engineer has reviewed this change" and finds it to be
in order. As a result of the above change order, the total Con-
tract amount will increase from $1,957,000,,00 to $1,958,031.70.
OWNER~-
,., "'.
C~~cTotr:=?~- ~_ _~
"'. r' <:---
ENGINEER: ~ 021". /tJ~
DAn: 6l-/5/SS-
,
APPROVAL
DAc~E: /,4/ hr
/
DAn: //Ol~.r
I
-2-
.
.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR or VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 6, '19ll5
George W. Desmarais; P.E.
Holzrriacher, McLendon and Murrell, P. C.
2,09 West Main' Street
Riverhead. New York 11901
Re: Southold Scavenger Waste Treatment Facility
Contract No. 1 - General Construction and Mechanical Work
Change Order No. 1
C-36-1120-03 (SOHT83-02)
Dear George:
Transmitted herewith is above referenced Change Order No.1, executed
by Supervisor Murphy, by authority of a Southold Town Board resolution
adopted on February 5,1985, copy of which is also enclosed.
Very truly yours,
p.~tI/
Judith T. Ten"y
Southold Town Clerk
Enclosures
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY
THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY
5, :1985';
RESOLVED that the Town Board of the Town of Southold hereby
authorize's and approves Change Order No. 1 - G.eneral Construction
and Mechanical Work, Southold Scavenger Waste Treatment Facility,
for excavation and removal of unsuitable material, supplying, placing
and compacting stone blend material, and all required compaction tests
at an additional net cost of $1,031.70.
.;:, LJ ~y::. -
'." .-/~
#' .4 -?,,..-; ",.
c7"r.u.dU'..t ~:/- ......./,~<<y.-..
Judith T. Terry ,f'
Southold Town Clerk
ti~,
.
.
y
-------_._~~---_.__._-"._._-_.,-_..__._-,--,..- ...-- .-..... -.- .-----
HOLZMACHER, McLENDON and MURRELL, PC. . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
~_ ._.__.______________._._____ _______ ._________.________.__. on.____ ________ __ ____.._ _ _ ___.._ _______
209 WEST MAIN STREET, RIVERHEAD, N.V. 11901 .516.727-3480
January 30, 1985
Supervisor Francis Murphy and
Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
FEB - I
.'- - )
Re: Southold Scavenger Waste Treatment Facility
Contract No. 1 - General Construction and Mechanical Work
Change Order No. 1
C-36-1120-03 (SOHT 83-02)
Gentlemen:
Enclosed please find a proposal submit1ted by Ferran Con-
crete for performance of "extra" work on the above referenced
project (Change Order No.1) .
This work became necessary when a layer of unsuitable
material was encountered during excavation :for the rotating
biological disk unit (RBDU). The unsuitablE~ material was com-
pletely removed, resulting in an excavation below the proposed
RBDU tank bottom elevation. In order to ensure the structural
integrity of the RBDU, we have requested that Ferran Concrete
carefully backfill and compaot the excavation using a stene
blend material.
The volume of unsuitable material which was removed and
which required stone blend back fill material is estimated at
85.10 cubic yards. Ferran Concrete cost eS1:imate to complete
the work based on the unit prices in the proposal of the con-
tract documents is $1,031.70. This price includes the cost
of excavating the unsuitable material, the c~ost of supplying,
placing and compacting the stone blend material and all neces-
sary compaction tests performed to ensure that a suitable level
of compaction is attained.
Our office has reviewed the extra work and cost proposal
(Change Order No.1) and found them to be satisfactory. Your
prompt attention to this matter will be greatly appreciated.
Please be advised that State and Federal reimbursement for
this and future change orders will be drawn from the 5% contin-
gency fund allocated to this project. Reimbursement is subject
to NYSDEC approval. Our office will submit a description, cost
and reason for all change orders to NYSDEC for their approval.
Melville, Ne..... York. Farmingdale, New York. Aiverhead, New Vo,-k
>
.., ..
.
.
IH~M
Supervisor Francis Murphy and
Members of the Town Board
Page -2-
Please execute Change Order No. 1 so that we may forward it
to NYSDEC for their approval.
Should any questions arise regarding the above, please
contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~#}-~~
George W. Desmarais, P.E.
GWD/lah
enc.
cc: Robert Tasker, Esq.
. -."
..
.....
~
New'York State Department of Environmental Conservation
.";;'6 Wolf Road, Albany, New York 12233-0001
"\"? :3
.'.'....1"
./. -- '-
Henry G. Williams
Commissioner
January 23, 1985
Honorable Francis J. Murphy
Supervisor
Town of Southold
53095 Main Road
Southold, New York 11971
RE: C-36-1120-02
Minority Business Enterprise & Women
Business Enterprise (MBE/WBE) Program
Requirement
Dear Supervisor Murphy:
This letter is written in response to mrrespondence from the Town of
Southold dated January 4, 1980 in corrpliance with the N.Y.S. Department of
Environmental Conservation I s MBE/WBE Program.
Valentine Heating and Air Conditioning Corp's response to their MBE/
WBE Program responsibilities is unacceptable as it is MBE/WBE policy that
regardless as to whether or not a prime =ntractor is an MBE/WBE, he/she must
subcontract the MBE/WBE goal arrount to another MBE/WBE firm. The prime mn-
tractor must attempt to identify MBE and WBE firms that can fulfill subcon-
tract requirements. If the prime mntractor seriOUSly attempts to identify
MBEs and WBEs to fulfill the firm's =ntract responsibilities and fails to
do so, documentation IlUJst be made ot' all recruitment efforts.
'Ibis documentation IlUJst then be sutmitted to this Office by the Town
of Southold in order for a determination of "Good-Faith Efforts" to be made.
If Valentine Heating and Air Conditioning Corp. fails to follow through
on this responsibility, the firm will be declared to be in non-compliance.
Subsequently, the MBE/WBE portion of the reimbursement payments to the Town
of Southold may be withheld.
The Town has the responsibility of informing the prime mntractor that
it will withhold the MBE/WBE portion of any and all payments if MBE/WBE re-
quirements are not met.
7
~ .
(/'/ ~.~/~;J/P
:/ (.1',
C 0 /'/ zj/ ) r tt:/tr;l-'
,M"L/ ZJ U ,. '"
,
~
!
Supervisor Murphy
Page 2
January 23, 1985
If you have any questions or need additional information, please
contact Raoul A. Davis of this Office at (518) 457-4425.
Sincerely,
O. .
y~l..;;., 11/j(~
Pecolia Macklin
Director, MBE Unit
cc: J.C. Mahon, Administrator, Southold Town
R. Knizek, DCM, Section Chief
PM/vdw
.~
~~
?'~ ~ e,..,
er
.
November 19, 1984
-----.....
i'7uJ::::0:2";---.' '
-/~I:' .-:.--. . 'j
\ \ ' NO" 2 11!:l84 '.\\ 93 ALLEN BLVD.
\'. ,y ~!J F'ARMINGDALE, N. Y. 1173.
\ ".__"_' _ _ ~ ..-.-~- - AREA CODE 516 - 249-4975
\ '" _' J_\T~, ~ ~O AREA COOE - 516 - 249~5737
I '0, . ~ . .
Town of Southold
Southold Community Development Agency
53095 Main Road
Southold, N.Y. 11971
,
Attention: Mr. James C. McMahon
Re: Southold Scavenger Waste Treatment Facility
Contract No. 1 - General Construction and
Mechanical Work
C-36-ll20 (SOHT 83-02)
MBE/WEE Utilization
Gentlemen:
please be informed that Ferran Concrete Co., Inc. has
let a contract for the Genlilral Excavation and Drainage
Work to Rhoh:;'l Contracting Corp. 45 Gazza Blvd. Farmingdale,
New York 11735. Rhohil Contracting Corp" is a state
registered WEE. The contract amount is ~;39,140.00, or
100% of the WEE participation requirement:. A copy of the
formal contract will follow.
To date Ferran Concrete Co., Inc. is in 100% compliance
with the WBE requirement, and 87.88% of t:he MBE requirements.
We are following for the remaining l2.l2~" and expect.to
have that addressed within 1 to 2 weeks.
If there are any questions, please call t:he undersigned.
Very truly yours,
FERRAN CONCRETE CO., INC.
.7'~L!u'-
P B~ n Sheahan
Project Manager
PBS:km
cc: F. Murphy - Southold Town Supervisor
G. Desmarais - H2M
E. Ferrante - Ferran
L. Murdock - Ferran
.
~
~
~
IMew York State DepartmBnt of Environmental Conservation
ISO Wolf Road, Albany, New York 12233-0001
August 27, 1984
Henry G. Williems
Commissioner
Steinberg Agency, Inc.
247 Merrick Road
Lynbrook, New York 11563
if-"r;~ fF' 7-::-;- ..~-... ~"., I
O I! \ ll.--. r ! ~ ) ! 11
I r~ 30~'":1!!1
L__ _ _.___
TOWN 0" ('-".
. 1- ,--,:...h..I,;
Re: C-36-1120-02
Southold (T)
Dear Sir:
On May 30, 1984, a form letter (copy enclosed) requesting
confirmation of a performance bond was sent to your office.
Please check your files and return a signed CDPy of the
letter within ten (10) days.
By copy of this letter, we are informing the grantee
that no grant payments will be made on this contract until
the requested bond verification is received by this office.
Sincerely,
Philip M. DeGaetano, P.E.
Director
Metropolitan Projects Bureau
Enclosure
cc, w/enclosure: Supervisor Francis J. Murphy
.
.
.
..
~
~
New York StBle Department 01 Environmental Conservation
50 Woll Road. Albany, New York 12233-0001
May 30, 1984
Henry G. Williams
Commissioner
Steinberg Agency, Inc.
247 Merrick Road
Lynbrook, New York 11563
Re: C-36-1120-02
Southhold (T)
Dear Sir:
This office has been informed that your company inte~ds to furnish a
performance bond for the referenced project, that the bond is equal to
100 percent of the amount of the contract, is conditioned for the faithful
performance of all terms, convenants and conditions of the contract, and
Bhall be maintained in full force for a period of 12 months after date of
final certificate as a guarantee that the contractor will make good any
defaults or defects in the work arising from improper or defective work-
manship or materials which may appear during that period.
Bond Number:
Project No.:
C-36-1120-02
Southhold (T)
McDowell Electric Corporation
P.O. Box 216
Edwards Avenue
Calverton, New York 11933
Contract No.: 4
Amount: $97,797.00
The Department of Environmental Conservation is required by State law to
review performance bond information for authenticity. We would, therefore,
appreciate verification that the performance bond described has been issued
by your company. Such verification may take the form of signature of the
enclosed copy of this letter in the space provided by an official of the
Company.
If the performance bond has not yet been issued, hold this letter. Please
sign and return it with the assigned number when the bond has been executed.
If you have any questions, please call Ms. Johnson at 518-457-9412.
Sincerely,
Name of Insurance Company:
Name of Official:
Philip M. DeGaetano, P.E.
Cirector
Metropolitan Projects Bureau
Title:
Signature:
Date:
.
.
New York State DepBrtmBnt of EnvlronmentBI Conlervatlon
50 Wolf ROBd, Albany, New York 12233-0001
August 27, 1984
Insurance Company of North America
127 John Street
New York, New York 10038
O rg 0: ITb nN'ff" n
r ----,......".,. " , , I.
I !f:;
ru: ~r; 3 0 1984 .
L--___"".,-,
TOWN OF SOUTHOLD
Re: C-36-1120-02
Southold (T)
Dear Sir:
On May 1, 1984, a form letter (copy enclosed) requesting
confirmation of a performance bond was sent to your office.
Please check your files and return a signed copy of the
letter within ten (10) days.
By copy of this letter, we are informing the grantee that
no grant payments will be made on this contract until the
requested bond\erification is received by this office.
Sincerely,
Philip M. DeGaetano, P.E.
Director
Metropolitan Project Bureau
Enclosure
cc, w/enclosure: Supervisor Francis J. Murphy
~
~
~
Henry G. Williams
Commissioner
.
.
.
..
.....
~
New York StBte OepBrtment of Environmental Conservallon
50 Wolf ROBd, Albany, New York 12233-0001
May 1, 1984
Henry G. Williams
Commissioner
Insurance Company of North
127 John Street
New York, New York 10038
America
Re: C-36-1120-02
Southold (T)
Dear Sir:
This office has been informed that your company intel~ds to furnish a
performance bond for the referenced project, that the bond is equal
to 100 percent of the amount of the contract, is conditioned for the
faithful performance of all terms, convenants and cOl~ditions of the
contract, and shall be maintained ir. full force for a period of 12
months after date of final' certificate as a guarante,e that the con-
tractor will make good any defaults or defects in the work arising
from improper or defective workmanship or materials '.hich may appear
during that period.
Bond Number:
Proj ect No.:
James McCull,agh Co., Inc.
75 E. Bethpal~e Rd.
Plainview, ~~ 11803
Contract
Amount:
C-36-1120-02
Southold (T)
No.: 3
$29,400
The Department of Environmental Conservation is required by State law
to review performance bond information for authenticity. We would,
therefore, appreciate verification that the performallce bond described
has been issued by your company. Such verification may take the form
of signature of the enclosed copy of this letter in the space provided
by an official of the Company.
If the performance bond has not yet been issued, hold this letter.
Please sign and return it with the assigned number ~'en the bond has
been executed.
If you have any questions regarding this matter, please call Ms. Johnson
at 518-457-9412.
,"-cl,e;y, A /) ~ c;;<:::::>,-
'~ /1..t>4-~
Name of InsUlrance Company:
Name of Offil:ial:
Philip M. DeGaetano, P.E.
Director
Metropolitan Projects Bureau
Title:
Date:
.
.
..
~
~
N_ York Slate Department of Environmental Conlervatlon
SO Wolt Road, Albany, N_ York 12233-0001
Henry G. Williams
Commissioner
August 27, 198/,
Union Indemnity Insurance Company of New York
260 Madison Avenue
New York, New York 10016
O ~ ce R fir,' .L" ;~.Y,
r-- .' I;;
: U 301984 ,i
I } )1
' ,;~-
TOWN OF SOUTI:~()L~.J
Re: C-36-1120-02
Town of Southold
Dear Sir:
On May 23, 1984, a form letter (copy enclosed) requesting
confirmation of a performance bond was sent to you,r office.
Please check your files and return a signed copy o,f the
letter within ten (10) days,
By copy of this letter, we are informing the grantee
that no grant payments will be made on this contract until
the requested bond verification is received by th1.s office.
Sincerely,
Philip M. DeGaetano, P.E.
Director
Metropolitan Projects, Bureau
Enclosure
cc, w/enclosure: Supervisor Francis J. Murphy
~~ York SIBle Departmenl of Entnmenlal Conservation
511 Wolf Road, AlbBny, New York 12233-0001
.
~
~
~
May 23, 1984
Henry G. Williams
Commissioner
Union Indemnity Insurance Company of New York
260 Madison Avenue
New York, New York 10016
Re: C-36-1120-02
Town of Southold
Dear Sir:
This office has been informed that your company intends to furnish a
performance bond for the referenced project, that the bond is equal
to 100 percent of the amount of the contract, is conditioned for the
faithful performance of all terms, convenants and conditions of the
contract, and shall be maintained in full force for a period of12
months after date of final certificate as a guarantee that the con-
tractor will make good any defaults or defects in the work arising
from improper or defective workmanship or materials which may appear
during that period.
Bond Number:
Valentine Heating & Air Conditioning, Inc.
P.O. Box A U
500 Route 25A
Miller Place, NY 11764
Project Number: C-36-1120-02
Contract Number: 2
Amount: $19,556.00
The Department of Environmental Conservation is required by State law
to review performance bond information for authenticity. We would,
therefore, appreciate verification that the performance bond described
has been issued by your company. Such verification may take the form
of signature of the enclosed copy of this letter in the space provided
by an official of the company.
If the performance bond has not yet been issued, hold this letter.
Please sign and return it with the assigned number when the bond has
been executed.
If you have any questions regarding this matter , plea,se call Ms. Johnson
at 518-457-9412.
Sincerely,
Name of Insurance Company:
Name Of Official:
Philip M. DeGaetano Title:
Director
Metropolitan Projects Bureau Signature:
Date:
~o
-I CERTIFICA' c OF INSURANCE
ISSUE DATE (MWDDNV)
11/27/84
PRODUCER
RECEIVEQ
THIS CERTII'ICATE IS ISIUED All A MATTER OF 1Nf000000TlON ONLY AND CONFERS
NO RICIHTS UPON THE CERTIFICATE HOLDER. THIS CEIlTIflCATE DOES NOT AMEND,
EXTEND 011 ALTER THE COVERAGE AFFORDED BY THE POlICIES BELOW.
Select Plfmning, Ltd.
20 Crossways Park North
Woodbury, NY 11797
1:0'" ') ') ~~^'
1\ \ '" .. '0_ ..
COMPANIES AFFORDING COVERAGE
Town Clerk Southold COMLETTEPARNV A
7"r;~h Tns. Co.
COMPANY .
lETTER
~';:tt-nntp.p. ~ f,;nhi litv
INSURED
Fe=an Concrete Co., Inc.
93 Allen Blvd.
Fanningdaile, NY 11735
COMPANY C
LETTER
Accident & IndAmnitv Co.
COMPANV D
lETTER
~~8V4E
VOIDS Al'!D 5UPERSEDES CERI'IFlCA'IE ISSUED
AGES
POLlCV NUMBER
POLICY EFFECTIVE
DATE (MMIDDIYY)
POliCY EXPIRATION
DATE (MMIOOIYV)
LIABilITY LIMITS IN THOUSANDS
OCCU~~NCE AGGREGATE
BODILY
INJURY
$ $
1.000. 1.000.
PROPERTY $
DAMAGE 500.
$
500.
11/23/84 11/23/85
gbt~~ED $
$
9/30/84
1,000,
AUTONIOB . E LIABILITY
X I>JlV AUTO
ALL OWNED AUTOS IPRIV, PASS.)
ALL DWNI'D AUTOS (OTHER THAN)
PRIV, PASS.
X H1REDAU~OS 31-71-248-01
X NDN'()w~D AUTOS
GARAGE LIABILITY
11/23/84 11/23/85
~(CESS lIABIlITV
B X UMIlRElUA FORM
OTHER TlilI>Jl UMBRELLA FORM
1
.J:rHER
DESCI~IPTION OF OPERATIONSllOCATIONSNEHICLESlSPECIAL ITEMS
Southho1d Scavenger waste treatrrent .facility, Greenport,
*Ado'l tns. Town of Southhold and Village of Greenport
12HU\M1476
4/1/84
4/1/85
10,000
WOIIKEIlS' COMPENSATION
AND
EMPLOYERS' LIAIILITV
31 71 214 02
STATUTORY
100 , (EACH ACCIDENT)
IDISEASE.POlICV LIMIT)
(DISEASE-EACH EMPLOYEE)
NY (SEE OVEE~)
O!;!i)j
FICA IE H LDER ANCELLA liON
Town of Southhold
Town Hall
Southhold, NY 11971
Att: J. Terry
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CJ}II"CI I -=D IEFORE THE EX.
PIRATI~~ DATE THEREOF', THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL DAVS TICE TO THE~ HOLDER NAIlED TO THE
LEFT, BUT FAILURE TO NOTICE SMAU.' TlON OR UABAJTY
OF ANY KIND UPON T ~' ITSJlGE ~:t:~s.,. ,
AUTHORIZED REPRESE TI [~~-L. .-><!/~J:.~:I ,....;f~ ~~-- -
. "../.../. '.,4)Y~
k "-_
Date 11/27/84
RE: Name of Contractor:
Job Location:
Type of Insurance:
~;rra 'oncrete Co., Inc.
Greenpurt, NY
various
Gentlemen:
According to contract specifications for this job, we are submitting the required insurance papers checked
below on behalf of our insured:
eg Certificates of Contractor's insurance at required limits
o Binder for above insurance. An original policy will be filed with you shortly.
o Original copy of above insurance polley. (Contractor has fully paid premium)
I" ~= ~~liouthhOld io ~rufL
TO Southhold, NY 11971 SELECT. ANNING LTD,
Att: J. Terry ~ JNSU NCEandBONDS
20 CROSSWAYS PARK NORTH
L WOODBURY, NEW YORK 11791
516364-:n77
N"'" _. ~T:'TE D"'''o ~~- OF
...... ~ - .. - "~""''''''''....".
CE~TIFICATION OF BOND AND
:::NVI.:':'Ar. CONSERV;\1ION
INSURANCE COVERAGE
TOWN OF SOUTHOLD
N.lme of Applicant
Pl:ojcct Southold Scavenger Waste Treatment Facility C-36-'1120-02
No. 1 - General Construction
Contract & Mechanic Work Contractor Fen'an Concrete Co., Inc.
Date of Contract Signed July 2, 1984
Contract Cost~.1,957,00Q.00
Scheduled Date of Completion
Comllanv and Policy Number I Amount I Ori20inall . Renewa 1 1 2 I
Performance Bond Fidelitv & Deposit Co. of Marvla nd
60-81-490 1,957,000. 0
..bor & Material Fidelity & Deposit Co. of Marylar d
tond .
6~81-490 1,957,000. 0
!lodily Injury ~merican Guarantee & Liability
Pub l:Lc Liability CGL 31 75 281 00 1,000,000. pO 11/231 4
P:,operty Damage AmeFican Guarantee & Lfabinfy
Liabili ty CGL 31 75 281 00 . 500,000.00 11/23/84
Auce Public American Guarantee & Liability .
Uabili ty ~ BAP3171 248 00 1,000,000. 00 11/231 4
Au to Property American Guarantee & Liability
Damage Liability 11/231
BAP3171 248 00 1,000,000. 00 4
Fire & Extended Zurich Insurance Company
Coverage .
(Builders Risk) IM31 78 287 00 ,959,540. 0 6112/85
;';orlcmen I s I6,merican Guarantee & Liability ----- ..,,~ I
COlllllensa tic;m 31 71 214 00 .;><; 9/30/84 I
.-- --.
18 months from commencement
EXlliration Date
Insllecti
.)wnerls P~otect~ve
Zurich Insurance, Company
I certify that the above coverage in the amounts indicated is carried
on the project. These policies will be kept in force for the dur~tion
of the construction of the project and will be renewed ~hen necessary.
These documents will be available for inspection by Federal Water
Quality Administration personnel during the project. J /
- /J~........-----
N.:lme h~t:"";'/'<..--/-b7h-?z.----
(/'-- Judith I. I erry (/
Title Southold Town Clerk
---
~. ----
, ~
--:::II:.
- .'----.
Date
July 16, 1984
, "
.... '.,
,"
NEW y, S:rl..:rE DEPARI'~ OF E:NVJ:RCI~TAL CONSERV;>;:lION
CERTIFICATION OF BOND AND INSURANCE COVERAGE
N.lme of App licant
TOWN OF SOUTHOLD
Project Southold Scavenger Waste Treatment Facility C-36'-112~02
No. 2 - Heating, Ventilation .
Contract I'- Ai..r.nnclitinninQ ContractoNalentine Heating & Air Conditioning 1m
CCllItlany and Policy Number Amcu'nt I Oril!:inal . Renewa 1 1 2
Performance Bond Union Indemnitv Ins. Co. of Ne York
. B 107022 $19,565.00
.
Labor 6. Material Union Indemnity Ins. Co. of Ne York
toncll . .
B 1 07022 $19,565.00
Bodily Injury Hartford Accident & Indemnity C o.
Public Liability 31C HJ1564 $500,000.0 5/1/85
Hartford Ac.cident & In\iemnity o.
Property Damage
Liability 31C HJ1564 $500,000.0 5/1/85
Hartford Accident & Indemnity o.
Allee Public
Liabili ty; . 31AB FP6648 $500,000.1 5/1/85 c,
All to Property Hartford Accident & Indemnity "..:.
o.
Damage Liability , . $500,000. (0
31AF FP6648 5/1/85 .
Fire .. Extended Hartford. Fire Insurance Co.
Coverage <J:F800'427 . $20,000.0 7/26/85 ..
(Builders Risk)
Wor1cmen I s .. I'- ,itv ( ~
COlDllensation 31WE DB 2154 -- ............
Owner's Pr~tective Hartford Accident & Indemnity l.;O.
Date of Contract Signed Julv 25. 1984
Contract Cost_ $19,565.0,0
Scheduled Date of Completion 18 months from date of commencement
Exoira tion Da te
I certify that the above coverage in the amO'Jnts indicated is carried
on the project. .These policies will be kept in f,~rce for the dur:l.tion
of the constTUction of the project and will be rel~ewed tlhen necessary.
These documents will be aV3ilable for inspecUon by Federal Water
Quality Administr3tion personnel during the proje.:t. '.
do - / ~~
Name ~~ ~'-"" .<-../~~
t/ Judith T. Terry U
Title Southald Town Clerk
.-..:._-
-..--.- .
Date
July 25, 198,!..,..",., .
. _",~,i,(~~:r2t~;~;-
Insoect
NEW Y. STATE DEPAR:'MDr:' OF ENVIRO.TAL CONsERwo'iroN
CERTIFICA nON OF BOND AND INSURANCE COVERAGE
N'lme of Applicant
TOWN OF SOUTHOLD
Project Southold Scavenger Waste Treatment Facility C-36-112o-.o2
Contract No. 3 - Plumbing Contractor JamE!S McCullagh Co., Inc.
Date of Contract Signed July 16, 1984 Contract Cost_ $29,4.0.0..0.0
Scheduled Date of Completion
18 months from date of commencement
Comtlanv and Policy Number I Amour.:t I Original ' Renewa 1 1 2 I
Performance Bond Insurance, Co. of North America I
K.o179324A . 29,4.0.0..0.0
Labor [. Material Insurance Co. of North America
Bond .
K.o17932.4A 29,4.0.0. DO
llodil:/ Injury Federal Insurance Co.
Public Liability GLP(85)7154 1399 5.0.0,.0.0.0..10.0 5/31/85
.
Federal Insurance Co.
Property Damage .
Liability CLP(85)7154 13 99 5.0.0, .0.0.0. III 5/31/85
.
Sun Insurance Office Ltd. "
Auto Public .
Liabi li ty ~ BAP(85)73.o586 96 5.0.0 ,.0.0.0. III 5/31/85
Auto Property Sun Insurance Office Ltd.
Damage Liabili ty
BAP(85) 73.05 86 96 5.0.0 ,.oDD. () 5/31/85
.
Fire cSt Extemded Federal Insurance, Co. '."!.
Coverage Unassigned 29,4.00.0 6/8/85
(Builders ll< sk)
workmen's Pacific Indemnitv Co. ><~ I
Co_ensation 7.021-53 91 5/31/85 I
Extliration Date
Instlecti
Owner' s Pro~ect:. ve Federal I nsurance Co.
I certify that the above coverage in the amou:~ts indicated is carried
on the project. These policies will be kept in fo'rce for the dur:l.tion
of the construction of the project and will be ren,ewed "hen necessary.
These documents will be aV3ilable for inspect:Lon by Federal Water
Quality Administr3tion personnel during the projcc::.
=-==. N"me ~h.;.t: r~<d-.
,~~= v Judith T. Terry U
- ,. --, - --, . Title Southold Town Clerk .
Date
July 16, 1984
NEY-i~ v.. :::":'l^'" "",E
- ~- ...- DEPARI'ME:NT OF
CERTIFICATION OF BOND AND
~RO.":'AL CONSERv;o;jION
INSURANCE COVERAGE
N~lme of Applicant TOWN OF SOUTHOLD
Pt'oject Southold Scavenger Waste Treatment Facility
C- 36-1120-02
CClntract No. 4 - Electrical
Contractor McDowell electric Corp.
Da,te of Contract SignedJuly 13, 1984
Contract Cost.....;197,797.00
Schedu led Da te of Comp Ie tion 18 months from date of commencement
C01llllanv and Policy Number I AmOUIlt I Orill:inal 'Renewal 1 2 I
Performance Bond International Fidelity Ins. Co. $97,797. 001 I
027015
r.bor & Material I nternational Fidelity Ins. Co.
tond .
027015 $97,797.00 .
3odil:r Injury All America Insurance Co.
Public Liability SMP7 460 647 500,000.0! 12/31/84
Property Damage All America Insurance Co. 250,000.0! 12/31/84
Liabili ty SMP7 460 647
Central Mutual Ins. Co.
Auee Public
Uabili ty; BAP7 402615 ~500, OOO.O! 12/31/84
Au to Property Central Mutual Ins. Co.
Damage Uabiliry
BAP7402 615 500,000.0 12/31/84
Fire & Extended All America. Insurance Co.
Coverage SMP7 460 647 97,797.00 12/31/84
(lluildersR<sk)
;oorkmen's The State Insurance Fund ............... I
Co=ensatiQn 7n7 nn.... n ~. 10/1/R5 I
Exoiration Date
Insoecti
Jwner's P!'otect:.ve All Amp.rir;:tn In!,;lIrance Co.
I certify that the above coverage in the amou.nts indicated is carried
on the project. These policies will be kept in fo,rce for the dur:ltion
of the construction of the project and will be renewed when necessary,
---
-- ----
These documents will be aV:lilable for inspection by Federal Water
Quality Administr:ltion personnel during the project.
d: ~-.---:-!
N.:tme ~ ....:7., ./' P'h7
{/ Judiith T. Terry .
Title ,nllth'1Irf Tnwn rlo....1, .
--..
'.---.......
Date Julv 16. 1984
1.
l..'
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, ,
.'
CONTRACT MANAGEMENT SYSTEM
CONTRACT AWARD, PROCEED & START DATES
(Attachment #5)
Please estimate the dates you intend to award the contract, release the Notice to proceed and
start construction on each contract. This form must be completed and returned to:
(Section Chief) Mr. Robert Knizek, P.E.
NYSDEC, Long Island Projects Sect10n
. 50 Wolf Road - Room 418
Albany, NY 12233
within 14 days of receipt.
C-36-1120-02
Southold Scavenger Waste Pretreatment
Notice to
Award Date .Plroceed
Facility
Construction
Start
Contract No. & Title
(Comolete) General
6/5/84-
7/2/84
Construction & Mechanical,
2. HVAC
4/4/84
7/25/84
:1. Plumbing
6/5184
7/16/84
4. Electrical
C'
.1.
6/5/84
7/13/84
.....
l"
~ ';"~;':'{:\~:f:""
719/84
7/30/84
7/23/84
7/23/84
to
'.
"
.
.
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....
~
New York StBte Department of Environmental ConservBtlon
50 Wolf ROBd, Albany, New York 12233-0001
June 19, 1984
o ~&n~~.,...~
I J.N251984 '
L,
-l
TOWN OF SOUTHOLD
Henry G. Williams
Commissioner
The Honorable Francis J. Murphy
Supervisor, Town of Southold
53095 Main Road
Southold, NY 11971
Re: C-36-ll20-02
Southold Scavenger Waste Pretreatment Facility
Suffolk County
Dear Supervisor Murphy:
This letter will confirm the telephone conversation of May 30, 1984 between
Mr. Gary Loesch of Holzmacher, McLendon & Murrell, P.C. and Mr. Gary Kline
of this office.
After reviewing the material submitted, we wish to inform you that you are
hereby authorized to award the followwng contracts:
Contract No.1: Scavenger Waste Pretreatment Facility - General
Construction and Mechanical to Ferran Concrete, 93 Allen Blvd.,
Farmingdale, NY 11735 for their low bid of $1,957,000 of which
$1,957,000 is eligible for Federal Aid and $1,957,000 is eligible
for State Aid.
Contract No.2: Scavenger Waste Pretreatment Facility - HVAC to
Valentine Heating and Air Conditioning, P.O. Box AU" 500 Route 25A
Miller Place, NY 11764 for their low bid of $19,556 of which $19,556
is eligible for Federal Aid and $19,556 is eligible for State Aid.
Contract No.3: Scavenger Waste Pretreatment Facility - Plumbing to
James McCullagh Co., Inc., 75 East Bethpage Road, Plainview, NY 11803
for their low bid of $29,400 of which $29,400 is eligible for Federal
Aid and $29,400 is eligible for State Aid.
Contract No.4: Scavenger Waste Pretreatment Facility - Electrical to
McDowell Electrical, P.O. Box 216, Edwards Avenue, Calverton, NY 11933
for their low bid of $97,797 of which $97,797 is eligible for Federal
Aid and $97,797 is eligible for State Aid.
By virtue of the Delegation Agreement between the USEPA and this Department, this
letter of authorization completes your pre-award requirelnents for both the Federal
and State programs.
~:i;gi'~~~L-~/ ~/
4/"y q- /4"/:/' 25
Adg, Date
fi'~
The Honorable
Page 2
June 19, 1984
Francis J.4IItrphY
.
You must complete the attached form and return it to this office within fourteen
days of receipt. This information is required in order to monitor compliance with
the USEPA regulations mandating that contract award and notice to proceed be issued
for all significant elements within 9 months of construction grant award. In
addition, please advise this office, in writing, of the actual date of Award,
the Notice to Proceed and the construction start for each contract.
j After the contracts have been signed, we will require one (1) certified copy
of each for our files. Forward only the contract pages ~~ich show each contract
amount, date and the signatures of both parties, exclusive of the accompanying
specifications. Also, please forward certifications that: bond and insurance
coverage has been obtained for each contract - see suggested form enclosed, Be
aware that grant payment for work under the above contracts can not be released
until all of these items have been received.
Please note that construction work on the project may not: be performed by persons
or firms that appear on the USEPA Master List of Debarments, Suspensions, and
Voluntary Exclusions. Although the above prime contractors have already been
checked against this list, you are responsible for ensuring that every subcontractor
on the project has not been prohibited from performing USEPA work. Failure to do so
may result in withholding of payments or grant termination.
You should coordinate with the program engineer named below by telephone, the
date for the pre-construction conference to be held with the prime contractors
and other interested parties. You or your consultant must provide minutes of
the conference to this office with copies to the NYSDEC F~gional Office .
1
In accordance with 40 CFR Part 8, a representative of the NYS Department of Labor
Affirmative Action Program and the u.s. Department of Labor, Office of Federal
Contract Compliance, may elect to attend the pre-construction conference scheduled
for the above noted contracts. The purpose of such attendance would be to inform
the contractors of their equal opportunity requirements. In order that timely
arrangements can be made, please furnish the date and place of the scheduled pre-
construction conference to the following addresses:
(518) 457-2736
Ms. Carol Goudin
Assistant Regional Administrator
Office of Federal Contract Compliance
Room 3306
United States Department of Labor
1515 Broadway
New York, NY 10036
(212) 944-3400
Mr. William Vance
Administrator
Affirmative Action Program, Rm 563
New York State Department of Labor
State Campus
Albany, NY 12240
Mr. Ha-ry Mallory
Assistant Commissioaer
Office of Affirmative Action, Room 515
New York State Department of Environmental Conservation
50 Wolf Road
Albany, NY 12233
(518) 457-4425
.
The Honorable Francis J. Murphy
Page 2
June 19, 1984
.
If you have any questions, please call Mr. Gary Kline, Program Engineer,
at (518) 457-5527.
Sincerely,
/i~, [J~
f~~RO~~:-~izek, P.E.
~-Chief, Long Island Projects Section
Metropolitan Projects Bureau
RCK/CEP/mj
Enclosure
cc, w/o Enclosure: NYSDEC Region 1 - Mr. Licata
NYS Dept. of Labor, Affirmative Action Program - Mr. Vance
USDOL, Office of Federal Contract Compliance - Ms. Goudin
Holzmacher, McLendon & Murrell, P.C. - Mr. Loesch
NYSDEC Affirmative Action Office - Mr. Greene
',"
,
,\
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CONTRACT MANAGEMENT SYSTEM
CONTRACT AWARD, PROCEED &: START DATES
(Attachment #5)
Please estimate the dates you intend to award the contract, I~elease the Notice to proceed and
start construction on each contract. This form must be completed and returned to:
(Section Chief) Mr. Robert Knizek, P. E.
NYSDEC, Long Island Projects Sectlon
50 Wolf Road - Room 418
Albany, NY 12233
within 14 days of receipt.
C-36-1120-02
Southold Scavenger Waste Pretreatment
Notice to
Award Date Proceed
Facility
Construction
Start
Contract No. &: Title
l..
(Complete) General
6/5/84
7/2/84
7/9/84
Construction & Mechanical
~:. HVAC
~:.
4,.
5.
Plumbing
6/5/84
7/16/84
7/23/84
Electrical
6/5184
7/13/84
7123/84
..
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CONTRACT MANAGEMENT SYSTEM
CONTRACT AWARD, PROCEED & START DATES
(Attachment 115)
Please estimate the dates you intend to award the contract, release the Notice to proceed and
start construction on each contract. This form must be coml~leted and returned to:
(Section Chief) Mr. Robert Knizek, P.E.
NYSDEC, Long Island Projects Section
50 Wolf Road - Room 418
Albany, NY 12233
within 14 days of receipt.
C-36-1120-02
Southold Scavenger Waste Pretreatment
Notice to
Award Date ,P!'l)ceed
Facility
Construction
Start
Contract No. & Title
1. (Complete) General
Construction & Mechanical
2:. HVAC
~:. Plwnbing
41. Electrical
5,.
,
NEW y-. S~A:rE DEPAR'I'MENT OF ENVIRO.:rAL CONSERVA'1ION
CER~ICATION OF BOND AND INSURANCE COVERAGE
"
. .
..
, .
.
NJime of Applicant
Pl'O jcc t
Cc'ntract
Contractor
Da.te of Contract Signed
Contract Cost___
Schedu led Da te of Comp le tion
Xlllora loon a e
C=any and Policv Number Amoun,t Original 'Renewal 1 2 ;
Perfor1llllnce Bond
Labor .. Material
Bond -
Bodily Il1jury
PubUc Liability
Propel~ty Damage
. Liabi~lity
Auto !'ublic
Liabi.lity:
Au to Property
Damage Liability
.
Fire .. Extended
Coverage
(Builders Risk)
Workmen I s ............. ~.
Co_nsation ~. I
E
t'
D t
Insllectic
Owner's Pro~ective
I certify that the above coverage in the aDIou,nts indicated is carried
on the project. These policies will be kept in fc,rce for the dur:J.tion
of the construction of the project and will be ren.ewed <<hen necessary.
These documents will be available for inspection by Federal Water
Quality Administration personnel during the project.
Name
..;.~.=~=
l'i t le
Date
~
t-i~
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HOLZMACHER, MclENDON and MURRELL, PC.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
.._~._______~_____________ __ __. __._____.__m___..___ _ __.__
125 BAVlIS ROAD. SUITE 140. MELVilLE, NY 11747.516,752,9060
RECEIVED
July 23, 1984
JUL 241984
Town Clerk Southold
Mr. George Clifford
New York State Department of
Environmental Conservation
50 Wolf Road
Room 432
Albany, New York 12233
Re: Southold Scavenger Waste Project
C36-1120-03
SOHT 83-02
Dear Mr. Clifford:
We enclose herewith two (2) copies of Payment Request No. 2
(Outlay Report and Request fo~ Rei:nbursement for Construction
Projects) on the above referencec project. The supporting
engineering vouchers are also enclosed for your review.
Your prompt attention to the enclosed is appreciated.
Very truly yours,
HOLZ~CHER, I1cLENDON & MURRELL, P.C.
~/'~
Gary E. Loesch, P.E.
GEL:mad
Enclosures
ec: Supervisor Francis J. Murphy
Robert W. Tasker, Esq.
~udith T. Terry
"1:!1~llIe, Ne..... yor..... Farmmgda1t Ne... yor.... . R,.t>rnead New '(or""
.
.
.
TOWN CLERK
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELFPHONF
(516) 765,1801
JUDITH T. TERRY
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 7,1987
George W. Desmarais, P.E.
H2M Group
575 Broad Hollow Road
Melville, New York 11747-5076
Re: Southold Scavenger Waste Treatment Facility
Contract No.1: General Construction & Mechimical Work
C36-1120-03 (SOHT 83-02)
Dear George:
The Southold Town Board, at their regular meeting held on May 1,
1987, accepted the Maintenance Bond of Ferran Concrete Co., Inc., and
released thei r Performance Bond for the project.
Enclosed is the Performance Bond and a copy of the letter of Attorney
Francis' J. Yakaboski recommending the release of the Performance Bond
and acceptance of the Mai ntenance Bond.
Very truly your's,
~~~-
Judith T. Terry
Southold Town Clerk
Enclosures
.'
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v@
SMITH, FINKELSTEIN, LUNDBERG, ISLER .AND Y.AK.ABOSKI
ATTORNEYS AND COUNSELORS AT I.AW
456 GRIFFING AVENUE, CORNER OF LINCOLN STREET
HOWARD M. FINKELSTEIN
PIERRE O. LUNDBERG
FRANCIS J. YAKABOSKI
FRANK A. ISLER
SUSAN POST ROGERS
P. O. BOX 389
RIVERHEAD, N. Y. 11901
~ ~ eEl V E D1"'61 727,4100
MAY 0 1 1981
REGINALD C. SMITH
191Ol6.1983
Apeil 29, 1987
Southold Tewn Clerk
Judith T. Terry,Town Clerk
Town of Southold
Main Road
Southold, New York 11971
Dear Judy,
I have reviewed the Maintenance Bond of Ferran
Concrete Co., Inc., in the amount of :n,995,025.56,
representing the contract price plus all change orders and
find it to be in acceptable form and in accord with the
terms of your contract as recited in your letter of April
24, 1987.
Accordingly, I recommend that you release the
Performance Bond and accept the Maintenance Bond in its
place instead.
Very truly yours,
FJY,dkw
'-10; A--..~
l'..Ri\"NCi '~"-:::j{ABOSKI
,
Fideli~ a~d Deposit <:<fmpany
NO...lt O"'Clt OF MARYLAND .AL7/...0Illt, "'D. JIJOJ
.~. - .,.. ",";';
... f;-'
1J. .,.,
Maintenance Bond No...60a..14..90-M
KNOW ALL MEN BY THESE PRESENTS:
That We~__.F.er.r.an...concr.e.te...CO.......lnc.........................................................................................
.....g.~. Al1..en...BJ.v.d.."...F.armi "gr'l al.e.fj..New...Yar.k..117.1~....................... (hereinafter called the
PrinCIpal) as Principal ana the FIDEUTY AND EPOSIT COlIPANY OF MARYLAND, a Maryland Corporation
with an office and place of business for the State of New York at 90Jeohn Street, New York, N. Y. 10038
(hereinafter called the Surety) as Surety, are held and finnly bound unto the............................................._.....
........--.........-.......'l'~...of...SOu.thold..._...............~................._............................,................._....._............
(hereinafter called the Obligee), as Obligee in the sum oLOne...M111Jtan..Nine.t~ed....N.J.ngty
._" .....1'.1.\'.8... 'I'J1011sand...'fil.en:ty....Fi.V.e...&..5.6110.0....................J.~:'''.~9..?,.Q?....~-yB<!JLLARS, lawful
money of the United States of America, (or the payment whereof the Pl"incipal and Surety bind themselves,
their successors and assigns, jointly and severally, finnly by these pres.,nbl.
Signed, sealed and dated this..................~~:t.........................day oL.._......_.....~P.E!.~.....................l9-..~!,
WHEREAS, the Principal heretofore entered into a written conm,ct with the Obligee for......................
...........F.ed....Er.o~ec.t...fJ....C.,..36"'~~20"'03...Contr.acj;...~...GJener.aL.Cons.t.r.u.c:tion.........
...........eflti..meeeeni-oel...wo-Pk-..!])Gwn..e,f..-ScmthoJ.4-..Was:tewate.t!...DhpOElA I..................
...........D;f.str-1~t...Sca.venger...Waste..!rx.ea.tment..Faci1:LtY-~....Gr.e.enpo.r.t........................
__.__.......________.......u.........___................U....no______.........._......................._..........................u...........u....................._...................
..............................................................................................u......_..............u........'...............n_..............._...........................
n............nnnn..n..._.........n.......nnn.........u..n..nn..u.......n...........n.u.................n.....-........nu...............n............................n..
....~......_........._......._.....................................................~.!.,.~..............................................~........-.-....................u.................
........-......................................................n......................_.....................................'......._.._..........._......_..._...........................
WHEREAS, said Contract provides that the Principal shall guarantee........................................................
............F.ed....P.r.o.j.e.c:t...#....C"'36,.,..1.l2O"'Q3....cantract..l...G!mEr.El....C'.QTI!I!;~,~r?t.tQ~.........
............and...mechan1.caLw.Q.rk...~o:wn...o.t...sQM:t;.b.Qlg...wA.~:~~.W.?:!;~;r.J?!~P'Q!;l~J..................'
..._.....Dis.t.ric:t...s.cay.enge.r...w.as.t.enJ:r.e.at!!!~nt...f~g.~Uty.....g;r.~~.m19.;r.:!:.......................
-.-.--.....................................................................................-........................................~....................._...u...._...................
..n....................n........................................nn................n............n..........n.......................n..........................._....................
..-........-............................................................-..........................-................u............................n..n..._...............................
....n......................__............................................_......n.....n..n.................~.............-............................_........u........................
. "
.............n.................................n...............n..........nn........nn.........n.nn.nn.nn.......,.......................__..n.............,.._.........._....
, (',
NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall indemaify
the Obligee against any loss by reason of his failure to make good at his own expense any defects 0, de-
ficiencies in materials or workmanship which may appear in the work under said contract within the periOd
oL........__Q~e....(l1.........................year(~ from the date of acceptanc.' of the work, then this obligation
shall be void; otherwise to remain in full force and effect. \
,1
C1Q61 (NY)-IM. a.15 1915.0
l'Clf'trNr'" NY1067
..~.~...~(),~(~~!~..~9.,.,.L.!.~.~.~..........._........
Prindpal
FIDELITY AND D~~~~~:~....................
~L .
By~ ........... . .... ...............................................................
i1.obeI't . ~['yt}an .
Attorney-ill-fad:
'.
II....,.
. Power of Attorney .
FIDELITY AND DEPOSIT COMPANY OF: MARYLAND
HOME OfFICE, 8At T1MORE. MD.
KNOW ALL MEN By THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF M,"RYlAND. a corporation of the
State of Maryland, by C. M, PECOT, JR. , Vice. President. and L. C. WAYMAN, JR.
Arssislant Secretary. in pursuance of authority granted by Article VI. Section 2. of the By.Laws of said Company, which
reads as follows:
SEC. 2. The President. or any Executive Vice. President. or any oCthe Senior Vice. Presidents or Vice. Presidents specially authorized so to do by
the Board of Direetors or by the Executive Commiuee. shall have power, by and with the concurrence of the Secretary or anyone of the Assistant
Steretariel,to appoint Resident Vice. Presidents. Assistanl Vice.Presidenlsand Attorneys.in.Factas the business of the Company may require. or to
authorize any peraon or persons to ezecute on behalf of the Company any bonds. undertakings. I'ecognizances. stirulations. policies. contracls.
....eement.. deed.. and releaH' and a..ignmenls of judgment.. decree.. mortgq:es and inslrumenls in the nalure 0 mortgages. and also all other
in.lrumenls and documenls which the bu.ineu of the Company may require. and (0 am. the seal of the Company thereto.
does hereby nominate constitute and appoint William F. Tynan, III and Robert G, Tynan, both
of Garden City, New York, EACH..........................................
IS ruean aw u
its act and deed:
agent and Attorney.in.Fact, to make. execute. seal and deliver, for. and on its behalf as surety. and as
any and all bonds and undertakings............,.................
n t e execution of such bonds or undertakings in pursuance of these prl~sents. shall be as binding upon said
Comp"ny, as fully and amply, to all intents .nd purposes,.s if they had been duly executed and acknowledged by the
regularly elected officers of the Company at its office in Baltimore, Md.. in thdr own prDper persons.
This power of attorney revokes that issued on behalf of William F. Tynan, III
and Robert G. Tynan, dated March II, 198].
Theaaid Ani.lanl Secretary does hereby certify that the afore8oingis a lruecopy of Article VI. Section 2. of the By.Lawlor said Company. and il
now in foree.
IN WITNESS WHEREOF, the said Vice. President and Assistant Secretary have hereunto subscribed their n.mes and
affixed the Corporate Seal Df the said F'IDElITY AND DEPOSIT COMPANY OF MARYLAND, this .............1.9E.h.,...........d.y
of ...................Aug)J.aL.................... , A.D, 19....83..
.:;.~ FIDELITY AND DEPOSIT CmlPANY OF MArLAND
.' ':': ;,\,\ A TIEST: /J
~SEAL~I ~.h//V_~. _ // ()/u _ ~
COl.;'NTY OF
STATE OF NEW YORK
Nassau
I
...... f 55:
CITY OF .. ,..............N~W..X9:r1l:
,.......................J~~.. '
Robert G. Tynan
sonally came ....n.........um.m.. ... .............m..u...mm...m.....__ m to me known, who. being by me duly sworn, did
depose and say. that he resided in the City of. mnq~~~~'~"hg.:!:~'y.l.. New )~2.!:~ that he was the Attorney.in.Fact of the
Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knew the
seal of said corportion; that the seal affixed to said instrument was such corporate 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. And that the liabilities of said Company
do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance law, constituting Chapter 33, of
the Consolidated Laws of the State of New York.
On this.
....uuuu day of n
,,,uu"1J~'"
. 1987
u mn....nm..... m the year .....muu ,before me per.
HH (9WH-
EDITIl M. PlITLAIID
'NOTARY PUBLIC. "'to.t8 of New York
No. :!a.,:i.T:S2,73
Qu:::rliE\:'d b :fr:!',_~(,lJ C':.1..n'7
Cf~~'~::ti~.'~ion :::':Ar;'c.l3 I.; _ _..: ,:_:lofJ5
,J:'N. 3 1 1990
o,-........................';-;.....~.l...o\-..:';;......!:lu.,.,-..~..
V
L~ ..
",,<e,.ZL
Notary Public
",hz._c:;~d~u
County
uua-or.-3M.6-82 21.u34
-093-2764
.."....~~~~t....
"
,
():
"1
Ll458a(WSl-45M,2-87 225977
. .
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
II" >.. "," ~
.'.
~
Statement of Financial Condition
AS OF December 31, 1986
The
~
Companies
ASSETS
*Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
*Stocks ..................................................".......
Real Estate ..........................................,....".......
Casb in Banks and Offices and Short Term Investments. . . . . . . . . , . . . . . . .
Premiums in Course of Collection (less than 90 days old). . . . . . . . . . . . . . . .
Reinsurance and Other Accounts Receivable.,................. ,........
TOTAL ADMITTED ASSETS.............,."...............,........
$ 173,849,139
189,770,076
3,235,764
11,349,247
5,295,224
14,711,843
$ 398,211 ,293
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Unearned Premiums ..............,.............,........ $ 118,323,188
Reserve for Claims and Claim Expenses.........,............ ,....,... 80,978,935
Reserve for Taxes and Expenses. . . .. . . .. . . . . . . . , . . . .. . . . . . .. , . . . . .. . . 6,290,468
Miscellaneous Reserves and other Liabilities,.....,............ ,........ 11,207,570
TOTAL LIABILITIES""""". """""""""",,,. $ 216,800,161
Capital Stock, Paid Up. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 5,000,000
Surplus. . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . , . ~'6,411,132
Surplus as Regards Policyholders. . . . . . . . . . , . . . . . . , . . . . . . . . . . . . , '
TOTAL...,...............,....,...........,............, ......,.. $
181,411,132
398,211 ,293
Securities carried at $5,487,516, in the above statement are deposited as required by law.
*Securities carried ou basis prescribed by the National Association of Insurance Commissioners, On the basis
of December 31, 1986 market quotations for all bonds and stocks owned, this Company's total admitted assets
would he $413,364,787. and surplus as regards policyholders $196,564,627.
I, WILLIAM R. AMOS, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing statement is a correct exhibit of the assets and liahilities of the said Compauy, on the 31st day
of December, 1986, according to the best of my information, knowledge and belief.
William R. Amos
Treasurer
,
STATE OF MARYLAND
CITY OF BALTIMORE
SS:
Snbscribed and sworn to, before me, a Notary Pnhlic of the State of Maryland in the City of Baltimore, this
31st day of January, 1987.
Mary ]. McCombs
Notarial
Seal
Notary Public
My commission expires July 1, 1990,
N~ Y_ STATE DEPARTMENT OF ENVI~':'AL CONSERW;1ION
CER'!IFICA nON OF BOND AND INSURANCE COVERAGE
TOWN OF SOUTHOlD
N,Jme of Applicant
Project Southold Scavenqer Waste Treatment F,acility C-36--1120-02
No. 1 - General Construction
Contract . & Mechanic. Work Contractor Fen'an Concrete Co., Inc.
Date of Contract Signed July 2, 1984
Contract Cost--=,l,957,00Q.00
Scheduled Date of Completion
18 months from, commencement
Exoiration Date
Insoect:
Comoanv and Policy Number I Amount I Ori51;ina1 'Renewal 1 I 2 I
Performance Bond Fidelitv & DEm.ositCo. of Maryla nd I
6(}-81 490 1,957,000. 0
Labor & Material Fidelity & Deposit Co. of Marylar d
!lond .
.6(}- 8.1-490 1,957,000. 0
llodily Injuy ~mel"ic.an Guarantee & Liability
Public Liability CGl 31 75 281 00 1,000,000. pO 11/23/,4
Property Damage American Guarantee & Lfabiti.ty
Liabili ty . CGl 31 75 281 00 . 500,000.00 11/23/84
',.
Auto Public Americ.an Guarantee & Liability
L1.bili ty ~ BAP3171 248 00 1,000,000. 00 11/231 4
Auto Property American Guarantee & Liabili ty
Damage L1ability 1,000,0010. 11/231 4
BAP3171 248 00 00
ZUI"ic.h Insurance Company. ,
?'ire & Extended ',"
Coverage IM31 78 287 00 ,959,540" 0 6/12/85
(Builders Risk)
;;'orlcmen's I'\meric.an Guarantee & Liability .............. ..-- I
Co=ensatiQn 31 71 214 00 ;><. 9/30/84 I
-- ...........
,Nner IS P't"otec::.ve Zurich Insurance, Comoanv
I certify that the above coverage in the amounts indicated is carried
on the project. These policies will be kept in force for the dur~tion
of the construction of the project and will be renewed "hen necessary.
These documents will be available for inspection by Federal Water
Quality Administration personnel during the project. ). j
, / ~..----'
Name ~. ---Y'~..e:7~
(/". u Itl1 I. I erry
Title Southolcl Town Clerk
---
-~ ---'-
..--~=
- '---'-.
-
Date
July 16, 1984
1.
.
.
CONTRACT MANAGEMENT SYSTEM
CONTRACT AWARD, PROCEED & START DATES
(Attachment 1t5)
Please estimate the dates you intend to award the contract, release the Notice to proceed and
start construction on each contract. This form must be completed and returned to:
(Section Chief) Mr. Robert Knizek, P.E.
NYSDEC, Long Island Projects Section
50 Wolf Road - Room 418
Albany, NY 12233
within 14 days of receipt.
C-36-1120-02
Southold Scavenger Waste Pretreatment
Notice to
.Proceed
Facility
Construction
Start
Contract No. & Title
Award Date
(Complete) General
6/5/84
7/2/84
7/9/84
Construction & Mechanical
2. HVAC
3. Plumbing
6/5/84
7/23/84
7116/84
4. Electrical
5.
6/5184
7/23/84
7113/84
.,
....
.,
qcor
., CERTIFICl- 'E OF INSURANCE
--- ..~1IlItWI;
?~" mDNVl
PRODUCER
ptlect Planning, Ltd.
20 Crossways Park North
Woodbury, NY 11797
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOllMATION ONLY ANO CONFERS
NO RIClHTS UI'ON THE CEATlFlCIITE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVE""GE AFFORDED BY THE POlJCIEI BELOW.
.'
COMPANIES AFFORDING COVERAGE
COMPANY AAtnerican Guar'antee.& Liability
lETTER . ~
COMPANY B' 'Hartford J,ccident & Indemnity Co.
LETTER
INSUR!;D
Ferran Concrete Co., Inc.
93 Allen Blvd.
Farmingdale, NY 11735
COMPANY C
lETTER
COMPANY D
lETTER
VOIDS AND SUPERSEDES CERTIFICATE ~dE6/12/84.
AGES
I{ol'l:tl
THill IS TO Ci!TIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
N01WITHSTA DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF S POLICIES.
@::'- TYPE OF INSURANCE
GEiNERAL LIABIUTY
* COMPREHENSIVE FORM
PREMISEs.IOPERATIONS
UNDERGROuND
EXPLOSION & COLLAPSE HAZARD
A PROOUCTS/COMPLETED OPERATIONS
CONTRAClIJAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
POLICY NUMBER
POlICY EFFECTIVE
0All' (MMIlJIlIYY)
POLICY EXPIRATION
DATE (MMIDDNY)
l lIABILITY LIMITS IN THOUSANDS
~;l AGGAEGATE
I~~~~ )$l,oool$_l,OOO
~~~TY $ ,50~OO,
g6t~ED$ fm. ,
[ PERSONAL INJURY I $ 1-~ 0 0 ,
[ ~"'I r- .-
mLY
1N.UlY $
iPrnACOD<N1)
CGL 31 75 281 00
1 /23/83
,1/23/84
A
AUTOMOBILE lIABlUTY
ANY AUTO
ALL OWNED AUTOS IPRIV, PASS)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS,
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
BAP 31 71 248 00
1 /23/83
L1/23/84
~~g~~ $
~CESS UA8ILITY
B I UMBRELLA FORM
~,I OTHER THAN UMBRELLA FORM
12HUVW1476
1_. 1~:fl.EDI$l, O~O
4/1/841 4/1/85 g6t:fl.EDl;10, DOtS 10, DC
STATUTORY
/30/83 9/30/84 -$'00, (EACH ACCIDENT)
$ IDISEASE,POlICY LIMIT)
~ISeASE:EACH.EMPLDYEE)
A
WORKERS' COMPENSATION
AND
EMPlOYERS' UABlLITV
31 71 214 00
OTHER
DESCFIIPTION OF OPERATIONSllOCATIQNSNEHICLESlSPECIAllTEMS
Southold Scavenger waste treatment facility, Greenport, NY
*Add'l Insured: Town of Southold and Village of Greenport
(SEE OVER)
Ii=Iilll
To'wn 0 ou
Town Hall
Southold, NY 11971
ATTN: J. Terry
SHOULD ANY OF THE ABOVE I)ESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRAT N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL U DA VS WRITTEN ttpTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT FAA.URE TO MAIL IIH~SHALl"POSE~~TIONORUAIIIUTV
OF ~ND UPO HE C 'A~S .A~HTJOR RE.,-ENTATIVES.
R T L/# ~
. ,: t er~ilJ:J.:.lj[.RaI;I:li
Date 6/26/84
RE:NmneofConu~tm:
Job Location:
Type of Insurance:
Fer, n Concrete Co., Inc.
Green Port
Umbrella Revision
Gentlemen:
According to contract specifications for this job, we are submitting the required insurance papers checked
below on behalf of our insured:
~ Certificates of Contractor's insurance at required limits
o Binder for above insurance. An original policy will be filed with you shortly.
o Original copy of above insurance policy, (Conuactor has fully paid premium)
r Town of Southold urs trul.1f!&bc /'
Town Hall tvL?
TO Southold, NY 11971 SE INGL ,"-'
~~ LURAN and BONDS
20 CROSSWA YS PARK NORTH
L __" WOODBURY, NEW YOR K 11797
516364-2777
=-.1('1~.Tu..".1I '::'l."OO\.'lO:
PRODUCER
Select Planning, Ltd.
20 Crossways Park North
Woodbury, NY 11797
6/25/84
THIS CERTIFICATE IS ISSUED ~,S A MATTER OF INFORMATION ONL V AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVEI'lAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
INSUHED
Ferran Concrete Co., Inc.
93 Allen Blvd.
Farmingdale, NY 11735
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
lETTER
COMPANY D
lETTER
COMPANY E
LETTER
Hartford Accident & Indemnity Co.
or.:I'[:l
AGES
TH,IS IS TO CERTIFY THAT POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POllCV PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV
BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TICINS OF SUCH POUCIES.
&~ " TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTNE
DATE (MWOOIYY)
POLICY EXPIAATION
DATE (MMIOOIYY}
AGGREGATE
GENERAL LIABILITY
CIlMPRHENSIVE FORM
PREMISE!I/OPERA TIONS
UNDERGROuND
EXPLOSION & COlLAPSE HAZARD
PROOUCTSICOMPLffiD OPfRATlONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PIlOPERTV DAMAGE
PERSONAL INJURY
~~~ $
~=r$
$
~bt:~ED $
$
AIUTOMOBILE LIABILITY
AWl AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
, NON.OWNED AUTOS
GARAGE LIABILITY
PERSONAL INJURV $
""'LV $
MAY
(PERPEfISON)
....V
1N.lllY $
IPfRACOIlM)
PROPERTY $
DAMAGE
81 & PO $
COMBINED
,
Ii
~CESS llABlLlTV
A UMBRELLA FORM
OTHER THAN UMBRELLA FORM
12HUVW1476
4/1/84
4/1/85
Bl & PD
COMBINED
$La, 000 $ 10,001
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY
-r<ER
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLES/SPECIAL ITEMS
Southold Scavenger waste treatment facility, Greenport, NY
lEACH ACCIDENT)
(DISEASE.POLlCY LIMIT)
(DISEASE,EACH EMPLOYEE)
01::1:..'.
ICATE I~OLDER CANCELLATION
Town of Southold
Town Hall
Southold, NY 11971
1I:''-'TIf.J:TiTir.l:l:I.J:EflT.l~ln:I:fi
s_--.-.:t:IIl'lJl;;
ERTIFICA . E OF INSURANCE
ISSUE DATE (MMIDDIVV)
6/12/84
PRODUCER
Select Planning, Ltd.
20 Crossways Park North
Woodbury, NY 11797
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOIlMATION ONL V AND CONFERS
NO RIGHTS UPON THE CERTIFIC:ATE HOlDER. THIS CERTIFICATE DOES NOT AMENO,
EXTEND OR ALTER THE COVEF~GE AFFORDED BV THE POlICIES BELOW.
COMPANIESi AFFORDING COVERAGE
COMPANY A
LETTER
COMPANY B
lETTER
COMPANY C
lETTER
COMPANY D
lETTER
COMPANY E
LElTER
INSUFlED
.
I1'l3.
,,-
vV.
..:......un Gt1d.l..ul1L~.~ & .L..i..au..i..liLY
Ferran Concrete Co., Inc.
93 Allen Blvd.
Farmingdale, NY 11735
"
d Acc';'deuL & IUUelllll.LLY -\",..u.
.~
orll'l'l
AGES
THIIS IS TO CERTIFY THAT POLtclES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUME~IT WITH RESPECT TO WHICH THIS CERTIFICATE MAV
BE ISSUED OR MAV PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUEIoJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIC'NS OF SUCH POliCIES.
col
lTRj
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFfECTIIJ!:
DATE (MMIDONY)
POLICY EXPIAA noN
DATE (MMiOOIYY)
PROPERTY
DAMAGE
QIENERAL L1ABtLlTY
COMPREHENSIVE FORM
PREMISES/OPERA TlONS
UNDERGROUND
EXPlOSION & COLlAPSE HAZARD
PROOUCTS/COMPLETEO OPERATIONS
CONTRACTUAl
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
CGL3175281 00
11/: 3/83 11 ~~ $
$
.,
A
PERSONAL INJURY
$
1,000,
~:CESS UABILITY
C f UMBRELLA fORM
B_'CI' OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
rHER
12HUVW1476
~%mT$
BOOlV
INJURY $
IPE'''''''''')
11/23/8: 11/23/flg~~W"1 $
~
'1l/8. 1,/1/85 :{.;~ ::I'lO'OOC
I STATUTORY
9/30/83 9/30/84" 0, (EACH ACCIDENT)
IDISEASE,POLiCY liMIT)
(DISEASE,EACH EMPLOYEE)
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS IPRIV. PASS.)
ALL OWNED AUTOS (DTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON.OWNED AUTOS
GARAGE UABILiTV
BAP3171 248 00
31 71 214 00
DESCFIIPTION OF OPERATIONSllOCATIONSNEHICLESiSPEC1AlITEMS
Southold Scavenger waste treatment facility,
Greenport, NY
SEE OVER
Town of Southold
To\\m Hall
Southold, NY 11971
1I:."TIf.l:l'-.If.l:l:r.J:l,:or.]~ftI:'!
=l:t:i.ll
.:.t;'{.-i:l"~"~j;fj'
.....~
Zurich-American
Insurance Companies
.
.
Endorsement
This endorsement changes the polley. Please read It carefully.
~
'oliey No. OCP Eft. Date of Pol. Exp. Date of Pol. Eft. Date of End. Agency No.
'1-78-290-00 6/12/8 6/12/85 6/12/84 60-601
Add'l Premium Return Premium
$ $
This endorsement is issued by the company named in the Declarations. It changes the policy on the effective date listed
above at the hour stated in the Declarations.
Named Insured
Address (including Zip Code)
This endorsement changes such insurance as is afforded by provisions of the policy relating to the following:
OWNERS PROTECTIVE
PREMIUM BASES
COSTS RATES PREMIUM
1st 500,000 BI .109 PD .033 BI 545. PD. 165.
NEXT 500,000 .055 .018 275. 90.
959,540. .018 .004 173, 38.
993. 293.
Coontersigned
Authorized Representative
;(~Yr'
U,CA,161,A (7,81 ed)
i'
.
.
, ~,.,.,.'Ir~
::(~~::::;.
',L _'7 --....
Zlftll~..-.wa~eol.!l
POLICY NO. EFF. DA1T 01' POL. FFF,llArE or I'NIl. M;rNCY NO, JA Dll'l. PREMIUM IRsETU__R_N_P_R_E.M_IUM I
31~78-290-00 6/12/84 6/12/85 60-601 , --------_
-.
Named Insured:
TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD, ETAL
Thi! endorsement i! issued by that company designated below which is the insure,' under the aboye numbered policy luued to
the Named Insured and forms a part of said policy as of the effectiye date hereof, at the hour stated in the policy Declaration!.
III
~9TICE OF OCCURRENCE
IT IS UNDERSTOOD AND AGREED THAT WHERE THE INSURED REFORTS THE OCCURRENCE OF ,
AN ACCIDENT TO HiE COMPENSATION CARRIER INSURING THEIR COI~PENSATlON INSURANCE
WHICH LATER DEVELOPS INTO A LIABILITY CLAIM, COVERAGE FOR WHICH IS PROVIDED
BY THE POLICY TO WHICH THIS ENOORSE/olENT IS ATTACHED, FAILURE TO REPORT SUCH
ACCIDENT TO THIS COMPANY AT THE TIME OF OCCURRENCE SHALL NOT BE DEEMED IN
VIOLATION OF GENERAL GoI)NDITlONS ENTITLED "NOTICE TO COMPANY" UPON THE DISTINCT
UNDERSTANDING AND AGREEMENT, HOWEVER, THAT THE INSURED, JUST AS SOON AS THEY
ARE DEFINITELY WIDE AHARE OF THE FACT THAT THE PARTICULAR ACCIDENT IS A
LIABILITY CASE RATHER THAN A COMPENSATION CASE, SHALL GIVE IMMEDIATE NOTIFI-
CATION OF THE AFORESAID ACCIDENT TO T~lIS COMPANY.
K}~WLEDGE OF OCCURRENCE
IT IS AGREED THAT ANYTHING IN THE CONDITIONS OF THIS F~LICY TO THE CCtITRARY
NOTWITHSTANDING, THE INSURED SHALL NOT BE PRESUMED TO HAVE KNOWLEDGE OF THE
OCCURRENCE OF THE ACCIDENT COMING WITHIN THE SCOPE OF THIS POLICY UNTIL THE
SAME HAS BEEN REPORTED TO THE PROPRIETOR, PARTNER OR E~ECUTIVE OFFICERS QF
.
THIS INSURED.
-
UNINTENTIONAL ERRORS AND OMISSICt~S
IT IS AGREED THAT THE FAILURE OF THE NAMED INSURED TO DISCLOSE ALL HAZARDS
EXISTING AT THE EFFECTIVE DATE OF THE POLICY SHALL NOT PREJUDICE THE INSURED
WITH RESPECT TO THE INSURANCE AFFORDED BY THE POLICY PROVIDED SUCH FAILURE
IS NOT INTENTIONAL.
EJ ZURICH INSURANCE CaMP ANY
[] AMERICAN GUARA EE AND LI
Countersigned
COMPANY ~......_... ;;::....
>?~:':~;,~
.~ CA___.........
\
.~
(Use 2!!!J (or amend liability, automotive, bur,lary and ,Ius COVftl.1ft and Compensation poIicia.)
Z-105-t
\
!& U.oU.II~I.o
.~
:'..:2--_
~
....f'.. .
. ... -. .., j .~
~'.- _ .-;-_...... -- ';"F_ . _-,'" ,..,r
'..' .,'..:......:.:
(The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.)
. "i~~, I
LIABILITY
GL 00 19 lEd. ),)81
GENERAL LIABILITY
AMENDATORY ENDORSEMENT-ADDITIONAL DEFINITION
This endorsement, effective
(12:01 A. M., standard lime)
, forms a part of policy No.
issued to
....,....
by
;J. !J L / '2-d ~J
/( ~'-f>//~M.7r'. .
uu u, u u u"" ", uu, u, mu u' u"",,"" u uu u uuuuum.
V'uthorized Representative
It is agreed that the following definition is added:
"loading or unloading", with respect to an automobile, means the handling of property after it is moved from the place where it is accepted for
movement into or onto an automobile or while it is in or on an automobile or while it is being moved from an automobile to the place where it
is finally delivered, but "loading or unloading" does not include the movement of property by means of a mechanical device (other than a
hand truck) not attached to the automobile.
.""'."''>,
NAUTHiii'ricO
<'0,,,.,,,,,,,,.,.
(The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.)
GL 21 04 (Ed. 07 661
G 304
EXCLUSION
(Completed Operations Hazard and Products Hazard)
This endorsement modifies such insurance as is afforded by the provisions of the policy relating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
19141
(Ed. 7.66)
LIABILITY
This endorsement, effective
, forms a part of policy No.
(12:01 A. M., standard time)
issued to
by
1~~ty/
------..A\thor.i.ze"d.Rei:ire.seiita.iive..........--........-.--........--..........
It is agreed that such insurance as is afforded by the Bodily Injury liability Coverage and the Property Damage liability Coverage does not apply to bodily
injury or property damaae included within the Completed Operations Hazard or the PrDducts Hazard.
'Q.......
@iHENTicO
"0,...",,,,,,,.
(The Attaching Clause
ne~dbe.ted
only when this endorsement is issued subsequent to
p;epatol
the policy.)
APPLICATION OF EXCLUSIONS
(Explosion, Collapse and Underground Property Damage Hazards)
This endOfsement modifieS such insUlance as IS afforded by the provisions of the policy relating to the following,
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANI:E
lIABIUTY,
This endorsement, effective
,forms a part of policy No,
(12:OlA. M, standard time)
issued to
by
L 6432g
{Ed 1.83)
It IS agreed that Ifthe named insured's actual operations include any operation(s), whether Of not stated in t'1e Schedule under "Description of Hazard", which is
(are) descflbed by any classification lISted below, the ",", "c", "u" symbolls) included in the applicable code number shall apply as if such classification code
number and symbolls) were included in such Schedule,
DESCRIPTION OF OPERATIONS; CLASSIFICATION CODE NO,; AND SYMBDllS)
Building or Structure Raising, Moving or Underpinning'--Includ, Excavation.
ing incidental shoring, removal or rebUilding of walls, founda-
tions, columns or piers, . 17BB5xc Gas Companies-natural gas-local distflbution-including
outside salesmen, collectors and meter readers~includmg
completed operations except with respect to the Installation,
servicing or repair of appliances.
17BD5xcu Gas Dealers-Ilquetied petroleum gas
Gas Dealers-retail
Gas Distrlbuting-Iiquetled petroleum gas-local distribution by
gas mains or piping frum central tanks to ultimate consum-
ers~including meter readers-.includmg completed opera-
tions except with respect to the installation, servicing or repair
of appliances .,
Gas Mains or Connections Construction-including tunneling at
street crossings.
Gas Works-including oLtside salesmen, collectors and meter
readers-including completed operations except with respect
to the installation, servicing or repair of appliances.
Gasoline Dealers-wholesale.
Gasoline Recovery-from casing head or natural gas
Geophysical Exploration--setsmlC method--all employees,
Grading ot Land ,
Caisson Work:
Foundations for buildings-including pile driving, excavation,
masonry or concrete work up to completion of sub-structure
only.
Not foundations tOf buildings-including pile dflving, excava-
tion, masonry or concrete work up to completion of sub-
structure only. .
16235xcu
Clay or Shale Digging~no canal, sewer or cellar excavation or
underground mining 14DDlx
Cofferdam Work-including pile driving. excavation, masonry or
concrete work up to completion of sub-structure only
Conduit Construction~for cables or wires
Contractors Equipment:
Cranes, derricks. power shovels, and equipment incidental
theretll-rented to others with operators-Including instal-
lation, repair or removal.
Earth moving equipment other than cranes, derricks and power
shovels~rented to others with operators-including in-
stallation, repair or removal.
Steam boilers, compressors, air pressure tanks, pneumatic
tools, and equipment incidental theretll-rented to others
with operators~including installation, repair or removal.
Contraclors' Equipment (excluding automobiles)-rented to
others with operators~including installation, repair or re-
moval
Dam or Reservoir Construction .
Electric light or Power Companies-including outSide sales-
men, collectors and meter readers-including completed oper-
ations except with respect to the installation, servicing or
repair of appliances. . . . . . . . . . . . . . . . . . . . .. ......
Electric light or Power Cooperatives-Rural Electrification Ad-
ministration Projects Only-including outside salesmen, col-
lectors and meter readers~including completed operations
except with respect to the installation, servicing or repair of
appliances ......... .........................
Electric light or Power line Construction
Electric light or Power line Construction-Rural Electrification
Administration Projects Only,
.;'#'l~~III~,
'1"'\l,H nS;~"o
l'o"iflE; CI\IU~ to'l".'
16235xcu
16285xcu
73912xcu
17861cu
73916,u
73911u
16232xcu
49115xcu
49116xc
16245xcu
16242xc
Irrigation or Drainage System Construction-including pile
driving or dredging.
Landscape Gardening,
DiILease Operators or GilS Lease Operators-natural gas
Oil Lease Operators or Gas Lease Operators-natural gas-
Within the limits of any town or city, on the right-ot-way of any
railroad, or in any ocean. gulf or bay.
Dil or Gas Pipeline Construction-including pile driving or
dred~ng ,..........,.".. .......
Oil or Gas Well Shooting.
Oil Refining-petroleum
Piie Driving:
Building foundations only. . , . .
Including timber whart building
Sonic method
Pipeline Construction~including pile driving or dredging
{over}
15111xcu
4922lxcu
59851x
59810x
49252xcu
16225xcu
4925lxcu
5D85lx
13210dexz
1383lx
07313xcu
16255xu
07311xcu
13122dexl
13111dexz
16365xcu
13851dexl
29112x
178D5xcu
16294cu
16296cu
16365xcu
POliCY NO.
O.C.P. 31-78-290-00
WAL-AUTOMOBILE LIABILITY POLICY
JP6300 I DECLARAnONS
.
INSURANCI:: IS PROVIDED BY THE COMPANY DESIGNATED BELOW
(A stock insurance company, herein called the company)
SCHAUMBURG. ILLINOIS 60196
Item 1. Nllmed Insu(ed and Address: (No., street, Town or City, County, State)
TOWN ~D/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR~
HOLZM~CHER, MCLENDON, & MURRELL, PC. []
TOWN aALL, SOUTHOLD, NEW YORK 11971
Item 2. Policy Period: (Mo. Day Yr.)
From 6/12/84 to 6/12/85
12:01 kM., standard time at the address of the named insured as stated herein.
ZURICH INSURANCE COMPANY
AMERICAN GUARANTEE AND
LIABILITY INSURANCE COMPANY
Audit Period: Annual, unless otherwise stated.
Business of the narned insured is:
The nomed insured is: 0 IndIVidual 0 Partnership 0 Corporation 0 Joint Venture IX] Other: MUNCIPALITY
lIem 3. The insurance,afforded is only' with respect to the following Coverage Part\s) indicated b~ an "X" inDor designatl~d by Coverage Part Number{s) and to such of the following
Coverages ;3S are indilCated by specific ~remium charge or charges. The limit 0 fhe company S liability agamst eacl1 Stich Coverage shall be as stated herein, or in each applicable
Coveraie Part, subiect to all the terms of his policy havinlZ reference thereto.
Cover,.., P,rt(s) 0 Comprehensive General liability Insurance 0 Manufacturers' and Contractors' liability Insurance
0 Completed Operations and Products Liabilitv Insurance 0 Owners'. Landlords' and Tenants' Liability Insurancet
Co.e,....ls) A-Bodily Injury Liability B-Property Damage Liability A-Bodily Injury Liability B ~ Property Damage liability
Limns of liAbility each occurrence 1$ aggregate each occurrence 1$ aggregate each occurrence each occurrence I: aggregatet
,$ $ $ $ $
Ad..n.e Premium(s) $ $ $ I
t Aggregate not applitable if Owners', Landlords' and Tenants' Liability Insurance excludes structural alterations, new Gonstruction and demolition
Cove"&O PortIs) [] Contractu,l Li,bility Insurance (Designated Contracts only) n Personal Injury Liability Insurance n Premises Medical Payments Insurance
Y -Contractual P- Personal InJury Liability E - Premises Medical Payments
Co.......ls) Bodily Injury Z - Contractu,l Property Damage Li,bility Refer to Coverage Part for applicable Refer to Coverage Part for
Li'bility Groups of Offense~; covered. applicable Coverages.
Limits ot Liobililr each occurrence each occurrence 1$ aggregate each person I. each accident
$ $ See Coverage Part fo, limits of liability $ '$
Ad..nce Premium(sl $ $ $ $
Cove.... P&II(s) 0 Comprehensive Personal Insurance n Farmer's Comprehensive Personal Insurance
Cove,qe(s) l- Personal Liability I M - Personal Medical Payments "-Physical Damagel (I-Animal Collision (applies only to Addition" ClI..ps
to Property Farml!r's Comprehensive Personal Insurance) Cove....s L and M
Limns 01' Li&bilily See Co.erage Pa,t for limits of Liability See Coverage Part :\chedule fo, Limits of Li'bility X X X
Advance rremium(sl $ ....::::]'1-----. $
Cove,.,. Part(s) I] Comprehensive Automobile Liability Insurance 0 Automobile Medical Payments Insurance rl Uninsured Motorists Insurance
Cove,...ls) C-Bodily Injury Li,bility D - Property Damage F-Automobile Medkal Payments U-Uninsured Motorists
liability
Limits 011 u-, each person 1$ each occurrence each occurrence each person See Endorsement
$ $ $
Ad.ance Premium(sl $ $ $ $
'"
"'
'"
j;
,.
%
~
C)
C)
(Refer to the tollowing designated Covera... Part(s) for Coverages and Limits of Liab"lily ,fforded thereunder) ill
Cove,... Part(s) ond Co.e.... P,rt No(s). Ad.ance Premium(s) Co.e"... Part(,,) ond Co.e..... P,rt Nols). Ad..ncePremium(s)
Automobile Physica~ Damage Insurance $ Storekeeper's Insurance D $
Basic Aut,omobile Liability Insurance $ S
Garage Insurance S $
Owner's and Contralrtor's Protective S
Liability Insurance I1lI $ 1 286. $
Form nunlbers of other Coverqe Parts and of endorsements Ittached at issue
L6414 L6432F L9235 L9141 UCA161 UGU116-1 Ad..nce Premium $1,286.
Total Ad'lmce Premium >:<If the Policy Period is more than one year and the premium is to be paid in installments, premium is payable on:
for ll1is pGIIcy. II 286. $ Effecti.e D,le $ IsI Anni.ersary $ 2nd Anni.ersary
JOB 6/12/84
Counle..i~..d, By
.Notlppllcable in Teus'
JDL630Q(2).X-G THlS PART B. WITH "POLICY PROVISIONS-PART A", AND COVERAGE PART(S) AND DORSEMEN'r(Sj, THEREOF, COMPLETES
(6-79) ptd. In U.S.A. THE ABOVE NUMBERED POLICY (4-83)
COYERA8EPART
.
.
OWNERS' . AHD C8IITRACTDU' PROTECTIVE LIABILITY IN:SUQlICl
COVOACE FDll.lIPERATIOllS OF lIESI8NATED CONTRACTDR
L 8414
(Ed,I-73)
For .tl.chmenllll Policy No.
. to complele said policy.
ADOITIONALOECURATIONS
Designation of C9ntractor lafllTI:" snow.)
FERRAm CONCRETE CO.,
INC.
Mailing Address; (I:HTU .UOW)
93 ALLEN BLVD., FARMINGDALE, NY 11735
Location of Cov~"red Operations (INTU U\.OW)
SOUTHlDLD SCAVENGER WASTE TREATMENT FACILITY, TOWN OF SOUTHOLD, GREENPORT, NY
o Check here IIlhe following provi,.ion i. .pplic.ble, 11971
The person or ~ppjJalion de.ignJlled .bove a. Ihe Contllctor h.. undert.ken 10 pay the premium for Ihi. policy .nd .h.1I be enlitled to receive .ny relurn premiums,
if .ny. whiM m~y become payable under Ihe lerm. of Ihi. policy. .
SCHE8UU:
The in.urance ""orded i. 0II1y with re.pect 10 .uch of the folll!'!ring Co'Iellge' IS . ere inllicatell by .pecific I,remium charge or cherges, The limil of Ihe company'.
li.bility .g.in.ll..ch .uch Cover.ge .h.1I be .. .Iated herein, .ubject to .lIlhe lerte. of.lhl. policy h.ving reference Ihereto.
Ctver.~es . Limits .f Li.bllity Premium B.... Rate.
Co.1 $100 of co.1 Adv.1Ce Premium.
A-.Bodily:lnjur Li.bility 3 000 OOOe.ch occurrence I l,~OOO_eg.te $I 959 540 $ .SEE 993.
J-l'roperly O. .ge liAbility 500 OOOe.ch occurrence 1$ $I 959 540 $ ENDT 293.
folm ..m.." 0 enaorsements &ttachod at issue $
1'101.1 Adv.nc. Premium $I 286.
When l1~d as a premium basis:-
"ck!" ean. Ihe total cO.I 10 Ihe n....d Il&lJIWd wilh respect 10 opelllion. l"'rfcirmed for Ihe H'Rld iplIred during the policy period by independenl
conlrac rs of .1I.....rk lei or .ub-Iel in connection with e.ch .pecific proj.ct, ,nclUlling lhe cosl of .1I1.bor, meleri.l. .nd .quipmenl furni.hed, u..d or
deUvere for use In the execution of such work, whether furnished by the owner, contractor or subl~ontractor. including all fees, allowances, bonuses or
comin;. ions made, p.id or due. .
I. C8YERUE ~8ILY IIIIURY L1UILlTY
CDYW$E ~ROPElTY DAllA8E LIABILITY
The conjpany "III pey on behalf of Ihe IOSU.rld all sums which Ih. illluf01l sh.ll
become leplly ~lipled 10 p.y .. dama... becau.. of
A. h.dlly Injury or
B. property. d......
to whiCh this ity applies, C8U"d by .n ICcurrenceand .ri'!!i.nJ. 0 t of (I) opera-
tions perfl,r' , for IfIe 118iud.'.ndbr Ihl!'&ntreclUt i1e$1 . et! In 'the dec.
I.rattan. lit IfIe I_ion desfgnJllild thm-elt...r (2~.cts or oml S of lI1e ......
i-.d ill .on 'on wlll1hl. general 'UllOrvision of SUth operation.. and the
company,.h.1I Ya lhe right .nd duty 10 defend .ny .uil .gainst lhe intllf01l
.eeklng ~ma on .ceeunt of suCh bIdUy kIjtIry or prop.rty dalIIlII, ..ven If any
oflhe ..11 Q of. the sull .re lroundless, fal.. or fr.udulent; .nd may make
.uth i . gat' and selllem.nt of any,cl.im or suil .. ~"'111$ OXpedlen~.Jlut
IfIe ~y .h II notb. obllpled topay,.ny cl.im or judgment or 10 daf.nd .ny
suil otter ,1fIe !cable Ilmil of Ihe company'. liability h.. been exheu.led by
payment qf jud nl. or selllement., "
Extlusions
Thi..policy~. not .pply,
(.1 10 1i.~lIilY~'SunilI4bY lhd InHfell un'd.r,~",co.lrecl or .ereement excepl.n
iIIcidrit.r' 'idfacfI bulll1i. excliloll>nd/l.s IKiI .pply 10 . warr.nlx Ihat work
perfonned b ltte de.ignated contr.clor will be done in . workm.nllke manner;
0) to bOdily iri~ry or pnpIl1y dolllOll.oCcurring.lter
m .11 work Ion Ihe projed lolher then ..rvice, m.inlen..... or rep.irs) to be
peliform~dby 01 onbellJlf of lhe ....d lri,unld .tlhe.ile of Ihe covered
oPElratio '. has been completed or
(2l: 1h8l po lon.'of Ihe desilnated conlraelo(. w.'" oul of which Ihe injury or
d.",ap. iJ. IS '-beenpullo its. i'llended u.. by .ny person or organi,.-
lion 01 'rfhIll\WtlJer'Conlr.ctor Of subcontractor eng.ged in perfor.minl
.. o",,,lio . lOt a principal es . p.rt oflhe .ame projecl; . ,
(cl to bofitvitr rY or ......rlJ~...... .ri.illl Oul o,iny acl or omisSion of Ihe
-di Ins' It! or any of hIS ~oyees,'olller than.gener.1 supaMiionof
work perfor d for,lIIe n....d fnlimid by lhe design.led conlr.ctor;
ldl 10 .ny oblig.lion for which Ihe io.ured or .ny c.rrier es hi. in.urer may be
held Ii.ble under .ny workmen'. compen..lion. unemploymenl compen..lion or
di..bility bemofil. I.w, or under .ny .imll.r I.w;
(ello bodily injury to .ny "mploy.. of Ihe in.ulld .ri.ing out of .nd in the course of
hi. empioyment by th" Insulld or 10 .ny obliption of the Insuf01llo indemnify
.nolher because ofd.m.ge. .ri.illl oul of .uch injury; but Ihi. exclusion does not
.pplylo Iiabillly assumnd by the in..IId under .n InddentsI.-;
m 10 property daIIIap I"
, (1) Pl'9P'rty ,CIl'IiMd or occupied by or renled 10 Ibe IlIIIftd,
(2) property used by Ih. I.....d,
131 proporlJ iajll. ClII.. custOdy or conlrol of lhe IlIIIftd or IS 10 whichlh.
insarld is for &Oy IlUrposo 'xerel.ing physical conlrol, or
141 work performed for lhe i..N by Ihe designated conlr.ctor;
(g) 10 blllllly I.ry or prc,.rty da.... dua 10 wer, whelher or nol decl.r.d. civil
waf, rnsurractlon. r&bnlllon or revolullon or 10 .ny .ct or condilion Incid.nllo
,an10flbefor.JilIng, wilh respect to m liability .ssumed by Ihe InsurOd under
.n ljlcldelllal c.*-1~ or (2) expans.. for first .id und.r Ihe Supplement&ry
P.ymenls'provision of Ihe policy:
(hi 10 ilodi!y Injury orpnlp.rty d_ &rIsing oul of (1) Ih. ownor.hlp,..m~inta-
l\8nc.. 1ljl.11I110n, U", lo.ding or unloadlnlf of ~y ....i1. .!Pi!l*I while
b~11lI ,used I.n any "reerr.nged or orP"I>1ed recieg, speid: or dtim.llllon
Contesl or In efiy .100,lIng .c!ivily or in praellC& or prePar.lion for .ny .uCh
contesl or activity or 12l Ihe operation or u.. of .ny .nowmobil. or Irailer
de.lgned for u.. lIIe",wilh;
(t) 10 lIodily J.julJ or p'", d..... &risll1ll OUI of the dischergl;' dfsper..I,
release or ,escape of' smoke, 'WPOn, soot,' fumel, acidt.:'.:"lkeIis. ,toxic' -cbenli-
cal., liquid. or p.... w.st., n\elerlol. or other: irritonl., ,co-.mants: or
pollul.nt. Into .....p"n 1.1Id, Ihe' atmtsphere III' .ny walor< ooor.e or body of
w.ler, bullhi. excl..,on doe. nol .pply II .uctfdlsch&rge, di.persal, rele...
or escape i. sudden.nd .ccidental;
Ij) toioss 9f usa or t.nglbl. propellywhich lias nol been plty.lcally injured Dr
deslfGyoil re.ulling fl'sm . . .
11I . delay In or l.cI, of performance by or on beh.lf of Ihe named losunld
of any contract or agreement,' or ,
l2l Ihe f.llure of IheAlm.d illltllld's pqdiIc!a or work performed by or on
lover)
I'I~."~
I lLRC/+AMERICAN 1NSLf1A/'U COMPl\NIES
~ GENERAL-AUTOMOBILE LIABILITY POLICY """"
~
S. Changes: Notice to any agent or knowledge possessed by any agent or by
Jther person shall not effect a waiver or a change in any part of this pOlle
~stop the company from asserting any right under the terms of this policy:
;hall the terms of this policy be waived or changed. except by endorsement IS!
.0 form a part of this policy.
J. Assignment: Assignment of interest under this policy shall not bind the (
'any until its consent is endorsed hereon; if. however. the named insured'
~""h jnCII"~n""" ..,r or "<<"'-1"rl h" th,r nnl if''' rh~11 ",nnlv ,-- ]", tn th"
POLICY PROVISIONS - PART A
>
Zurich Insurance Company
American Guarantee And liability
Insurance Company
!
231 NORTH MARTINGALE ROAD
SCHAUMBURG, ILLINOIS 60196
THE COMPANY DESIGNATED ON THE DECLARATIONS PAGE
(A stock insurance company, herein called the company)
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and sUbject to all of the terms of this policy,
agrees with the named insured as follows:
DEFINITIONS
When used in this policy (including endorsements forming a part hereof):
"automobile" means a land motor vehicle, trailer or semi-trailer designed for
travel on public roads (including any machinery or apparatus attached thereto),
but does not include mobile equipment;
"bodily injury" means bodily injury, sickness or disease sustained by any person
which occurs during the policy period, including death at any time resulting
therefrom;
"collapse hazard" includes "structural property damage" as defined herein and
property damage to any other property at any time resulting therefrom. "Structural
property damage" means the collapse of or structural injury to any building or
structure due to (1) grading of land, excavating, borrowing, filling, back-filling,
tunnelling, pile driving, cofferdam work or caisson work or (2) moving, shoring,
underpinning, raising or demolition of any building or structure or removal or
rebuilding of any structural support thereof. The collapse hazard does not include
property damage (I) arising out of operations performed for the named insured by
Independent contractors, or (2) included within the completed operations hazard
or the underground property damage hazard, or (3) for which liability is assumed
by the insured under an incidental contract;
"completed operations hazard" includes bOdily injury and property damage arising
out of operations or reliance upon a representation or warranty made at any time
with respect thereto, but only if the bodily injury or property damage occurs after
such operations have been completed or abandoned and occurs away from premises
owned by or rented to the named insured. "Operations" include materials, parts
or equipment furnished in connection therewith. Operations shall be deemed com-
pleted at the earliest of the following times:
(1) when all operations to be performed by or on behalf of the named insured
under the contract have been completed,
(2) when all operations to be performed by or on behalf of the named insured at
the site of the operations have been completed, or
(3) when the portion of the work out of which the injury or damage- arises has
been put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations for a principal
as a part of the same project.
Operations which may require further service or maintenance work, or correc-
tion, repair or replacement because of any defect or deficiency, but which are
otherwise complete, shall be deemed completed.
The completed operations hazard does not include bodily injury or property
damage arising out of
(a) operations in connection with the transportation of property, unless the bodily
injury or property damage arises out of a condition in or on a vehicle created
by the loading or unloading thereof,
(b) the existence of tools, un installed equipment or abandoned or unused ma-
terials,or
JP6300{1)-X-G
(6-79)
Pld_ in V_SA
(c) op.erations for which the classification stated in the policy or in the company's
manual specifies "including completed operatIOns";
"elevator" means any hoisting or lowering device to connect floors Of landings,
whether or not in service, and all appliances thereof including any car, platform,
shaft..hoistway, stairway, runway, power equipment and machinery; but does not
Include an automobile servicing hoist, or a hoist without a platform outside a
bUilding if without mechanical power or if not attached to building walls, or a
hod or material hoist used in alteration, construction or demolition operations, or
an inclined conveyor used exclusively for carrying property or a dumbwaiter used
exclusively for carrying property and having a compartment height not exceeding
four feet;
"explosion hazard" includes property damage arising out of blasting or explosion.
The ,explosion hazard does not include property damage (1) arising out of the ex-
plOSion of air or steam vessels, piping under pressure, prime movers, machinery
or power transmitting equipment, or (2) arising out of operations performed for
the named insured by independent contractors, or (3) included within the com.
pleted operations hazard or the underground property damage hazard, or (4) for
which liability is assumed by the insured under an incidental contract;
"incidental contract" means any written (1) lease of premises, {2l easement
agreement. except in connection with construction or demolition operations on or
adjacent to a railroad, (3) undertaking to indemnify a municipality required by
municipal ordinance, except in connection with work for the municipality, (4l side-
track agreement, or (5) elevator maintenance agreement;
"insured" means any person or organization Qualifying as an insured in the "Per-
sons Insured" provision of the applicable insurance coverage. The insurance
afforded applies separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the company's liability;
"mobile equipment" means a land vehicle (including any machinery or apparatus
attached thereto), whether or not self-propelled, (1) not subject to motor vehicle
registration, or (2) maintained for use exclusively on premises owned by or rented
to the named insured, including the ways immediately adjoining, or (3) designed
for use principally off public roads, or (4) designed or maintained for the sole
purpose of affording mobility to equipment of the following types forming an in-
tegral part of or permanently attached to such vehicle: power cranes, shovels,
loaders, diggers and drills; concrete mixers (other than the mix-in-transit type);
graders, scrapers, rollers and other road construction or repair equipment; air-
compressors, pumps and generators, including spraying, welding and building
cleaning equipment; and geophysical exploration and weU servicing equipment;
"named insured" means the person or organization named in Item 1. of the decla-
rations of this policy;
"named insured's products" means goods or products manufactured, sold, handled
or distributed by the named insured or by others trading under his name, including
any container thereof (other than a vehicle), but "named insured's products" shall
not include a vending machine or any property other than such container, rented
to or located for use of others but not sold;
"
"occurrence" means an accident, including continuous or repeated exposure to physical possession of such products has been relinquished to others;
conditions. which results In bodily injury or property damage neither expected
nor intended from the standpoint of the insured; "property damage" means (1) physical injury to or destruction of tangible prop-
erty which occurs during the policy period, including the loss of use thereof at
"policy territory" means: any time resulting therefrom, or (2) loss of use of tangible property which has
0) the United States of America. its territories or possessions, or Canada, or not been physically injured or destroyed provided such loss of use is caused by
an occurrence during the policy period;
(2) international waters or air space, provided the bodily injury or property dam-
age does not occur in the course of travel or transportation to or from any "underground property damage hazard" includes underground property damage as
other country, state or nation, or defined herein and property damage to any other property at any time resulting
1.31 therefrom. "Underground property damage" means property damage to wires,
anywhere in the world with respect to damages because of bodily injury or conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any
property damage arising out of a product which was sold for use or consump.
tion within the territory described in paragraph (1) above, prOVided the original apparatus in connection therewith, beneath the surface of the ground or water,
f d caused by and occurring during the use of mechanical equipment for the purpose
suit or such amages is brought within such territory; of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile
"products hazard" includes bodily injury and property damage arising out of the driving. The underground property damage hazard does not include property dam.
named insured's products or reliance upon a representation or warranty made at age (1) arising out of operations performed for the named insured by independent
any time with respect thereto, but only if the bodily injury or property damage contractors, or (2) Included Within the completed operations hazard, or (3) for
occurs away from premises owned by or rented to the named insured and after which liability IS assumed by the Insured under an inCidental contract.
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of liability:
{a) all expenses incurred by the company, all costs taxed against the insured in
any suit defended by the company and all interest on the entire amount of any
judgment therein which accrues after entry of the judgment and before the
company has paid or tendered or deposited in court that part of the judgment
which does not exceed the limit of the company's liability thereon;
(b) premiums on appeal bonds required in any such suit, premiums on bonds to
release attachments in any such suit for an amount not in excess of the
applicable limit of liability of this policy, and the cost of bail bonds required
1. Premium: All premiums for this policy shall be computed in accordance with
the company's rules, rates, rating plans, premiums and minimum premiums appli.
cable to the insurance afforded herein.
Premium designated in this policy as dadvance premium" is a deposit premium
only which shall be credited to the amount of the earned premium due at the
end of the poliCY period. At the close of each period (or part thereof terminating
with the end of the policy period) designated in the declarations as the audit
period the earned premium shall be computed for such period and, upon notice
thereof to the named insured, shall become due and payable. If the total earned
premium for the policy period is less than the premium previously paid the
company shall return to the named insured the unearned portion paid by the
named insured.
The named insured shall maintain records of such information as is necessary
for premium computation, and shall send copies of such records to the company
at the end of the policy period and at such times during the policy period as the
company may direct.
2. Inspection and Audit: The company shall be permitted but not obligated to
inspect the named insllred's property and operations at any time. Neither the
company's right to make inspections nor the making thereof nor any report there-
on shall constitute an undertaking, on behalf of or for the benefit of the named
insured or others, to determine or warrant that such property or operations are
safe or healthful, or are in compliance with any law, rule or regulation.
The company may examine and audit the named insured's books and records at
any time during the policy period and extensions thereof and within three years
after the fmal termination of this policy, as far as they relate to the subject
matter of this insurance.
3. Financial Responsibility laws: When this policy is certified as proof of financial
responSibility for the future under the provisions of any motor vehicle financial
responsibility law, such insurance as is afforded by this policy for bodily injury
liability or for property damage liability shall comply with the provisions of such
law to the extent of the coverage and limits of liability required by such law.
The insured agrees to reimburse the company for any payment made by the com-
pany which it would not have been obligated to make under the terms of this
policy except for the agreement contained in this paragraph.
4. Insured's Duties in the Event of Occurrence, Claim or Suit:
(a) In the event of an occurrence, written notice containing particulars sufficient
~o identify the insured and also reasonably obtainable information with respect
to the time, place and circumstances thereof, and the names and addresses of
the injured and of available witnesses, shall be"" '1 by or for the insured to
the company or any of its authorized agents as s .s practicable.
of the insured because of accident or traffic law violation arising out of the use
of any vehicle to which this policy applies, not to exceed $250 per bail bond,
but the company shall have no obligation to apply for or furnish any such
bonds:
(c; expenses incurred by the insured for first aid to others at the time of an acci-
dent for bodily injury to which this policy applies:
(d) reasonable expenses incurred by the insured at the company's request in
assisting the company in the investigation or defense of any claim or suit.
including actual loss of earnings not to exceed $25 per day.
CONDITIONS
(b) If claim is made or suit is brought against the insured, the insured shall im.
mediately forward to the company every demand. notice, summons or other
process received by him or his representative
(c) The insured shall cooperate with the company and, upon the company's
request, assist in making settlements, in the conduct of suits and in
enforcing any right of contribution or indemnity against any person or
organization who may be liable to the insured because of injury or damage
vAth respect to which insurance is afforded under this policy; and the insured
shall attend hearings and trials and assist in securing and giving evidence
and obtaining the attendance of witnesses. The insured shall not, except at
his own cost, voluntarily make any payment, assume any obligation or incur
any expense other than for first aid to others at the time of accident.
5. Action Against Company: No action shall lie against the company unless, as a
condition precedent thereto, there shall have been full compliance with all of the
terms of this policy. nor until the amount of the insured's obligation to pay shall
have been finally determined either by judgment against the insured after actual
trial or by written agreement of the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has secured
such judgment or written agreement shall thereafter be entitled to recover under
this poliCY to the extent of the insurance afforded by this policy. No person or
organization shall have any right under this policy to join the company as a party
to any action against the insured to determine the insured's liability, nor shall
the company be impleaded by the insured or his legal representative, Bankruptcy
or insolvency of the insured or of the insured's estate shall not relieve the com-
pany of any of its obligations hereunder.
6. Other Insurance: The insurance afforded by this policy is primary insurance,
except when stated to apply in excess of or contingent upon the absence of other
Insurance. When this insurance is primary and the insured has other insurance
which is stated to be applicable to the loss on an excess or contingent basis, the
amount of the company's liability under this policy shall not be reduced by the
existence of such other insurance.
When both this insurance and other insurance apply to the loss on the same
basis, whether primary, excess o.r contingent, the company shall not be liable
under this policy for a greater proportion of the loss than that stated in the
applicable contribution provision below:
(a) Contribution by Equal Shares. If all of such other valid and collectible insur-
ance provides for contribution by equal shares, the company shall not be liable
for a greater proportion of such loss than would be payable if each insurer
contributes an equal share until the share of each insurer equals the lowest
applicable limit of liability under anyone policy or the full amount of the loss
is paid, and with respect to any amount of loss not so paid the remaining
insurers then continue to contribute equal shares of the remaining amount
of the loss until each such insurer has paid its limit in full or the full amount
of the loss is paid.
{bl Contribution by limits. If any of such other insurance does not provide for
contribution by equal shares, the company shall not be liable for a greater
proportion of such loss than the applicable limit of liability under this policy
for such loss bears to the total applicable limit of liability of all valid and
collectible insurance against such loss.
7. Subrogation: In the event of any payment under this policy, the company shall
be subrogated to all the insured's rights of recovery therefor against any person
or organization and the insured shall execute and deliver instruments and papers
and do whatever else is r ~sary to secure such rights. The insured shall do
nothing after loss to preju such rights.
Insert Part B here so that top edge butts?--inst above fold to permit Insured's name and a~ss on Part B to appear through window,
Attach Coverage Part(s) and Endorsement(s) (If Any) Here
8. Changes: Notice to any agent or knowledge possessed by any agent or by any
other person shall not effect a waiver or a change in any part of this policy or
estop the company from asserting any right under the terms of this policy: nor
shall the terms of this policy be waived or changed, except by endorsement issued
to form a part of this policy.
9. Assignment: Assignment of interest under this policy shail not bind the com-
pany until its consent is endorsed hereon: if. however, the named insured shall
die, such insurance as IS afforded by thiS policy shall apply :1;- to the named
insured's legal representative. as the named insured, but only wh~e acting within
the scope of his duties as such. and (2) with respect to the property of the
named insured, to the person having proper temporary custody thereof. as insured,
but only until the appointment and qualification of the legal representative.
10. Three Year Policy: If this policy is issued for a period of three years any
limit of the company's liability stated in this policy as "aggregate" shall apply
separately to each consecutive annual period thereof.
11. Cancellation: This policy may be cancelled by the named insured by sur-
render thereof to the company or any of its authorized agents or by mailing to
the company written notice stating when thereafter the cancellation shall be
effective. This policy may be cancelled by the company by mailing to the named
insured at the address shown in this policy. written notic~ stating when not less
than ten days thereafter such cancellation shall be effective. The mailing of notice
as aforesaid shall be sufficient proof of notice. The time of surrender or the ef-
fective date and hour of cancellation stated in the notice shall become the end
of the policy period, Delivery of such written notice either by the named insured
or by the company shall be equivalent to mailing
If the named insured cancels. earned premium shall be computed in accordance
with the customary short rate table and procedure. If the company cancels,
earned premium shall be computed pro rata. Premium adjustment may be made
either at the time cancellation is effected or as soon as practicable after cancel-
lation becomes effective, but payment or tender of unearned premium is not a
condition of cancellation.
12. Declarations: By acceptance of this policy, the named insured agrees that
the statements in the declarations are his agreements and representations, that
this policy is issued in reliance upon the truth of such representations and that
this policy embodies all agreements existing between himself and the company
or any of its agents relating to this insurance.
IN WITNESS WHEREOF, the company has caused this policy to be executed on its behalf, but the same shall not be binding upon the company unless countersigned
on the declarations page by a duly authorized agent of the company.
~~
S<ccretClry (AmericCln Guarantee)
AGOOOl
~
-..........-
United States Manager (Zurich)
President (American Guarantee)
NUCLEAR ENERGY LIABILITY EX~USION ENDORSEMENT
IBROAO FORMI
This endorsement modifies the provisions of this policy reiating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY ANn MEDICAL PAYMENTS INSURANCE
OTHER THAN FAMILY AUTOMOBILE, SPECIAL PACKAGE AUTOMOBILE, COMPREHENSIVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE,
It is agreed that
I. This policy does not apply:
A. Under any Liability Coverage. to bodily injury or property damage
(l) with respect to which an insured under this policy is also an insured
under a nuclear energy liability policy issued by Nuclear Energy liability
Insurance Association, Mutual Atomic Energy liability Underwriters or
Nuclear Insurance Association of Canada, or would be an insured under
any such policy but for its termination upon exhaustion of Its limit of
liability; or
(2) resulting from the hazardous properties of nuclear material and with
respect to which (a) any person or organization is required to maintain
financial protection pursuant to the Atomic Energy Act of 1954, or any
law amendatory thereof, or (b) the insured is, or had this policy not
been issued would be, entitled to indemnity from the United States of
America, or any agency thereof, under any agreement entered into by
the United States of America, or any agency thereof, with any person or
organizatIOn.
B. Under any Medical Payments Coverage, or under any Supplementary Pay-
ments provision relating to first aid, to expenses incurred with respect to
bodily injury resulting from the hazardous properties of nuclear material
and arising out of the operation of a nuclear facility by any person or
organization.
C. Under any liability Coverage, to bodily injury or property damage resulting
from the hazardous properties of nuclear material, if
(l) the nuclear material {al is at any nuclear facility owned by. or operated
by or on behalf of, an insured or (b) has been discharged or dispersed
therefrom;
(2) the nuclear material is contained in spent fuel or waste at any time
possessed. handled, used. processed, stored, transported or disposed
of by or on behalf of an insured; or
(3) the bodily injury or property damage arises out of the furnishing by an
insured of services, materials, parts or equipment in connection with
the planning, construction, maintenance, operation or use of any nuclear
facility, but if such facility is located within the United States of
America, its territories or possessions or Canada, this exclusion (3)
applies only to property damage to such nuclear facility and any
property thereat.
II. As used in thiS endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or by-
product material;
"source material", "special nuclear material", and "byproduct material" have
the meanings given them in the Atomic Energy Act of 1954 or in any law
amendatory thereof:
"spent fuel" means any fuel element or fuel component, solid or liquid, which
has been used or exposed to radiation in a nuclear reactor;
"waste" means any waste material (a) containing by-product material other
than the tailings or wastes produced by the extraction or concentration of
uranium or thorium from any ore processed primarily for its source material
content, and {bl resulting from the operation by any person or organization
of any nuclear facility included under the first two paragraphs of the defi-
nition of nuclear facility;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes
of uranium or plutonium, (2) processing or utilizing spent fuel, or (3)
handling, processing or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying
of special nuclear material if at any time the total amount of such ma-
terial in the custody of the insured at the premises where such equipment
or device is located consists of or contains more than 25 grams of
plutonium or uranium 233 or any combination thereof, or more than 250
grams of uranium 235,
(dJ any structure, basin. excavation, premises or place prepared or used for
the storage or disposal of waste,
and Includes the site on which any of the foregoing is located, all operations
conducted on such site and all premises used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear
fission in a self-supporting chain reaction or to contain a critical mass of
fissionable material;
"property damage" includes all forms of radioactive contamination of property.
NEW YORK EXCEPTION: The "Nuclear Energy Liability Exclusion Endorsement (Broad Form)" does not apply to Automobile Liability Insurance in New York.
c' ,.. INLAND FLOATER POLICY
,11
No.
IM31 78 287 00
STOCK COMPANY
~'=:
ll.A(;H--At.ERCNSt..RAIaCCM"ANES
ZURICH INSURANCE COMPANY
SCHAUMBURG, ILLINOIS 60196
Insured's Name and Address: (NO,tStreet, Town,,~County'rState)
FERRAN CONCRETE CO., NC. A~D ALL SUBCONTRACTORS AlMA, 93 ALLEN BLVD., FARMIN
NY 11735 AND/OR TOWN OF SOUTHOLD, SOUTHOLD WASTEWATER DISPOSAL DIST.,
SOUTHOLD TOWN BOARD INC, VILLAGE OF GREENPORT, GREENPORT VILLAGE BOARD,
HnLZMAr~ER ~rr.FNDAN & MURRELL, P.C. AND EACH OF THEIR OFFICERS, EMPLOYEES&AG
"Poloc. 1'....4:" 1""', nn TOWN HALL, SOUTHOLD, NY 11971 ,
hom 6/12/84 to 6/12/85 ot 1012:01 A.M.! 0 noon,StondardT,me.
;; To the extent that coverage in this policy replaces coverage in other policies terminating noon standard time on the incep-
tion date of this policy, coverage under this policy shall not become effective until such other coverage has terminated.
A
T
'"
$ 2,939. PREMIUM
.15 PER
100
RATE $ 1,959,540
AMOUNT
In consideration of the stipulations herein named and of the premium above specified the Company does insure the Insured named above,
hereinafter coiled the Insured, whose address is shown above, from the inception date and time shown above, to the expiration date and time
shown above, at place of issuance, to an amount not exceeding the amount(s) above specified, on the following described property:
SEE INSTALLATION FLOATER FORM #UIM3489.
forms and endorsements made part of this policy at time of issue:
UIM3489
Ul
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This policy is made and accepted subject to the foregoing provisions and stipulations and those hereinafter stated, which are hereby made a
part of this policy, together with such other provisions, stipulations and agreements as may be added hereto, as provided in this policy.
Agency at
WOODBURY, NY 11797
i!~~
Agent
Countersigned:
6/12/84km
OKP2175(Ol-X-G
Ptd. in U.S.A.
(4,83)
CONDITIONS
1. Misrepresentation and Fraud. This entire policy shall be void if,
whether before or after a loss, the Insured has concealed or misrepre-
sented any material fact or circumstance concerning this insurance
or the subject thereof, or the interest of the Insured therein, or in case
of any fraud or false swearing by the Insured relating thereto.
2. Notice of Loss. The Insured shall as soon as practicable report in
writing to the Company or its agent every Joss, damage or occurrence
which may give rise to a claim under this policy and shall also file
with the Company or its agent within ninety (90) days from date of
discovery of such loss, damage or occurrence, a detailed sworn proof
of loss.
3. Examination Under Oath. The Insured, as often as may be reason-
ably required, shall exhibit to any person designated by the Company
all that remains of any property herein described, and shall submit,
and in so far as is within his or their power cause his or their em-
ployees, members of the household and others to submit to examina-
tions under oath by any person named by the Company and subscribe
the same; and, as often as may be reasonably required, shall produce
for examination all writings, books of account, bills, invoices and other
vouchers, or certified copies thereof if originals be lost, at such
reasonable time and place as may be designated by the Company or
its representative, and shall permit extracts and copies thereof to be
made. No such examination under oath or examination of books or
documents, nor any other act of the Company or any of its employees
or representatives in connection with the investigation of any loss or
claim hereunder, shall be deemed a waiver of any defense which the
Company might otherwise have with respect to any loss or claim,
but all such examinations and acts shall be deemed to have been
made or done without prejudice to the Company's liability.
4. Valuation. The Company shall not be Hable beyond the actual
cash value of the property at the time any loss or damage occurs and
the loss or damage shall be ascertained or estimated according to such
actual cash value with proper deduction for depreciation, however
caused, and shall in no event exceed what it would then cost to repair
or replace the same with material of like kind and quality.
5. Seffiement of Loss. All adjusted claims shall be paid or made
good to the Insured within sixty (60) days after presentation and
acceptance of satisfactory proof of interest and loss at the office of
the Company. No loss shall be paid or made good if the Insured has
collected the same from others.
6. No Benefit to Bailee. This insurance shall in nowise inure directly
or indirectly to the benefit of any carrier or other bailee.
7. Subrogation or Loan. If in the event of loss or damage the Insured
shall acquire any right of action against any individual, firm or
corporation for loss of, or damage to, property covered hereunder, the
Insured wil" if requested by the Company, assign and transfer such
claim or right of action to the Company or, at the Company's option,
execute and deliver to the Company the customary form of loan re-
ceipt upon receiving an advance of funds in respect of the loss or
damage; and will subrogate the Company to, or will hold in trust for
the Company, all such rights of action to the extent of the amount
paid or advanced, and will permit suit to be brought in the Insured's
name under the direction of and at the expense of the Company.
8. Loss Clause. Any loss hereunder shall not reduce the amount of this
policy, except in the event of payment of claim for total loss of an item
specifically scheduled hereon. If claim is paid for total Joss of one or
more scheduled items, the unearned premium applicable to such items
will be refunded to the Insured or applied to the premium due on item(s)
replacing those on which the claim was paid.
9. Pair, Set or Parts. In the event of loss of or damage to;
(a) any article or articles which are a part of a pair or set, the
measure of loss of or damage to such article or articles shall
be a reasonable and fair proportion of the total value of the
pair or set, giving consideration to the importance of said
article or articles, but in no event shall such loss or damage
be construed to mean total loss of the pair or set; or
(b) any part of property covered consisting, when complete for
use, of several parts, the Company shall only be liable for
the value of the part lost or damaged.
10. Protection of Property. In case of loss, it shall be lawful and
necessary for the Insured, his or their factors, servants and assigns,
to sue, labor, and travel for, in and about the defense, safeguard
a~d recovery of the property insured hereunder, or any part thereof,
WIthout prejudice to this insurance, nor shall the acts of the Insured
or the Company, in recovering, saving and preserving the property
insured in case of loss be considered a waiver or an acceptance of
abandonment. The expenses so incurred shall be borne by the In-
sured and the Company proportionately to the extent of their respec-
tive interests.
11. Suit. No suit, action or proceeding for the recovery of any claim
under this policy shall be sustainable in any court of law or equity
unless the same be commenced within twelve (12) months next after
discovery by the Insured of the occurrence which gives rise to the
claim, provided however, that if by the laws of the State within which
this policy is issued such limitation is invalid, then any such claims
shall be void unless such action, suit or proceeding be commenced
within the shortest limit of time permitted by the laws of such State.
12. Appraisal. If the Insured and the Company fail to agree as to
the amount of loss, each shal', on the written demand of either,
made within sixty (60) days after receipt of proof of loss by the
Company, select a competent and disinterested appraiser, and the
appraisal shall be made at a reasonable time and place. The apprais-
ers shall first select a competent and disinterested umpire, and failing
for fifteen (15) days to agree upon such umpire, then, on the request
of the Insured or the Company, such umpire shall be selected by a
judge of a court of record in the State in which such appraisal is
pending. The appraisers shall then appraise the loss, stating separ-
ately the actual cash value at the time of loss and the amount of
loss, and failing to agree shall submit their differences to the umpire.
An award in writing of any two shall determine the amount of loss.
The Insured and the Company shall each pay his or its chosen
appraiser and shall bear equally the other expenses of the appraisal
and umpire. The Company shall not be held to have waived any of
its rights by any act relating to appraisal.
13. Cancelation. This policy may be canceled by the Insured by
surrender thereof to the Company or any of its authorized agents or
by mailing to the Company written notice stating when thereafter such
cancelation shalf be effective. This policy may be canceled by the
Company by mailing to the Insured at the address shown in this
policy or last known address written notice stating when, not less than
five (5) days thereafter, such cancelation shall be effective. The mail-
ing of notice as aforesaid shall be sufficient proof of notice. The time
of surrender or the effective date of the cancelation stated in the
notice shall become the end of the policy period. Delivery of such
written notice either by the Insured or by the Company shall be
equivalent to mailing.
If the Insured cancels, earned premiums shall be computed in
accordance with the customary short rate table and procedure. If
the Company cancels, earned premium shall be computed pro rata.
Premium adjustment may be made at the time cancelation is effected
and, if not then made, shall be made as soon as practicable after
cancelation becomes effective. The Company's check or the check
of its representative mailed or delivered as aforesaid shall be a suffi-
cient tender of any refund of premium due to the Insured.
14. Conformity to Statute. Terms of this policy which are in con-
flict with the statutes of the State wherein this policy is issued are
hereby amended to conform to such statutes.
In Witness Whereof, the Company has executed and attested these presents, but this policy shall not be valid unless countersigned by a duly
authorized agent of the Company at the agency hereinbefore mentioned.
"
~~.
.'
.'
;.
.
.
INSTALLATION FLOATER - REPORTING FORM
1. ~nsured
FE RAN CONCRETE CO., INC. AND ALL SUBCONTRACTORS A
FARMINGDA IMA, 93 ALLEN BLVD.,
. LE, NY 11735 AND/OR TOWN OF SOUTHOLD, SOIJTHOr,f)
DI - -------- wa~'1'1<Wa'1'1<R DISPOSAL
;:, 1., ;:,UUTHOLlJ TOWN BOARD INC., VILLAGE OF GRF.F.NP()R~ ~R~
BO ---------'" " ..1<NPORT VILLAGE
A1W, HOL<lMACHER, MCLENDAN & MURRELL. P.C. ANn F.M'H
EM - .. --- ---- 01< '1'U1<TR OFFICERS,
PLOyt;t;::; AGENTS, TOWN HALL, SOUTHOLD,NY 11971
2. rroperty'Insur~ll
This policy ~l)V"'I'S lHl 1!l,lt,'ricdfl, supplies, fixtures, equipment. m<1t:hilH'ry
~nd appurtenances, ~nJ ~ll atller property except as hereinafter excluded,
in ...hich th~ Insured has an interest or for which the Insured is le/;ally
liable, intended for use in or incidental to the installation, fabrication,
erection or completion of SOUTHOLD SCAVENGER WASTE
TREATMENT FACILITY, GREENPORT, NY
3. Property Excluded
This policy does not insure the following property:
(a) Accounts, bills, currency, deeds, evidences of debt, money, notes,
securities, jewelry or precious stones, plans, blueprints, designs,
specifications or any similar property;
(b) Tools, contractors equipment, veh1cles and any property not a part
of or destined to become a part of the installation described herein,
except touls and equipment, the cost of which is 1ncluded in the con-
tract price and reported to these insurers for premium purposes;
(c) Trees, shrubbery, lawn grass or plants;
(d) Subsurfa,-" fOlllld,ltions or footings unless directly caused by flre,
explusiuu, winJ~l~)rlll, collision of aircraft, vandalism or malicious
mischief;
(e) Property ol otln'r!; Lo which alterations or addi,tions are being made;
(f) Property local"d at any permanent warehouse or yard premises of the
Insured but not excluding coverage on property at job site or temporary
st?rage site;
4. Coverage
Ibis policy cuvers at and from point. and places of shipment' within the 48
contiguous slar~s of the United States of America and the District of Colum-
bia and conlilluoll,l;, thereafter until d~l1vered at job site and while awaiti.np;
"
.
.
.
.
- 2 -
installation, during installation and until:
(a) the interest of the Insured haa ceased; or
(b) acceptance by the owner or purchaser; or
(e)
60
days after completion of the proj ect; or
(d) the expiry of this insurance;
IOhiehever first OCCU1"S
5. Perils Insured
This policy insures against all risks of direct physical loss of or damage
to the property insured from any external cause, except as provided else-
where in this policy.
6. Perils Excluded
Ihis policy docs not insure against loss or damage caused by or resulting
from:
., (n) The suspension of construction, installation or erection occasioned by
any ordinance or law or ~ny order of governnlental or municipal authority
or by suspension of any l+cense, lease or permit or by any injunct~on,
or process of court, unless '8uch suspension sh,sll be due entirely to
damage to the property during the term hereof from a peril insured
against herein;
'.
(b) Wear and tear, gradual deterioration, rust, co:rrosion, mold, wet or
dry rot, inherent vice, latmt defact, contamil~ation, vermin, insect,
dampness of atmosphere, freezing, extrmnes of temperature;
-
(c) Unexplained loss or mysterious disappearance of property; loss or
shortage of property discloled on taking inventory;
(d). Error, omission or deficiency in design, specifications, workmanship or
materials unless fire or exploaion ensues, and then only for direct loss
or dalllllge caused .by such ensuing fire or explo.sion;
(e) Rupture or bursting of steam boilers, steam pipes, steam turbines, steam
engines or fly wheels;
(f) Dl'lay, loss of market or use, interruption of business, indirect or
consequential loss of any kind, or loss directly attributable to any
legal proceeding;
(g) Mechanical breakdown, electrical injury, or disturbances to electrical
appliances, devices or wiring frQm artifical c.luses, unless fire enoues,
and then only for direct loss or damage caused by such ~nsuins firc;
(h) Earthquake, landslide, or other earth movement unle99 fire or explosion
ensues, and then only for direct loss or damage caused by such ensuing
.
.'
...
.
- J -
fire vr e"I,lo:,ivlI (e.<cept as ""cludeu under 6e); Thb exdusion shull
not apply tv prUpL'rty in Lran:;!.t;
(1) I. Floou, sUI'!'ac" ,,.,ter, ,wved, ti,lal water or "idal wav". overflow
of streams vr other bodies of water, or spray from any of the fore-
~uin~J all \Vhetlll.~r driven by wind or not;
2. Wal\,..'r which back:.; up through sewers or drains;
1. W"tCl' b, \ml thL' surfac" of the ground 1nelud:lnu: that which (.xcrts
pCl:..i:->urL' l.l11 ur tl0\1I~1 seeps or leak~ thruugh sidewalks, drlv~waY:i.
fUllnddti~)IJ~, 'W;llls ur f100r8;
U) Nis..>pprvpriation, secretion, conversion, infidel:lt.y or any dishonest act
on tiw p.lrt oL the Insured or other party of int,erest, his or their emplo}-
[CS ur a~ents or any person or pessonB to whom the property may be entrust-
ed (carriers for hire excepted)j
(It) Settling, subsiJence, expansion or contraction of any structure, build-
inK or part thereof, in or on wlw.eh property insured hereunder is or will
b" I.nstall.:d, unl.:ss fire or .."plosion ensues, and then only [or the direct
loss or Jam,1h" caused by such ensuing fire or CXI?losion;
,
(1)
.
Brcak.J)\e ot Mlass (excluding gla8s building blocks) unless caused by
(ire, li;;htnin~. winds torm, hail, explosion, contact with vehic les or
aircraft or voject" falling ,therefrom, riot, riot attending a strike,
civil cummotion. .
"
(m) Nucl...lr re~c tion or nuclear rad1ation or radioac tive contamination, all
whether controlled or uncontrolled, and whether :;och loss be direct or
indirect, proximate or remote or be in whole or in part caused by, con-
tributed to, or aggravated by the perils insured against in this policy;
however, subject to the foregoing and all provisions of this policy,
direct loss by fire resulting from nuclear reaction or nuclear radiation
or radioactive contamination is insured against by this policy;
(n) 1. Hostile or warlike action in time of peace o:r war, including action
~inderin~, combating or defending against an actual, impending or
expected attack, (a) by any government or sovereign power (de jure
or de factor), pr by any authority 1l'.3intaining or using military,
naval or air forces; or (b) by military, nav.oj or air forces; or
(c) by an allent of llny such government, power, authority or forces;
,
2. Any weapon of war employing atomic fission or radioactive force
~hether in time of peace or war;
3. Insurrection, rebellion, revolution, civil w.sr, unsurped power,
or action taken by govern~ntal authority in hindering, combating
or defending against such sn occurrence, sehure or destruction
under quarantine or customs reGulations, confiscation by order of
any government or public authority, or risks of contraband or
illegal transportation or trade,
'''-.J
..,..jL
..":~:,(;-,}V---
.
'.
.
.
- 4 .
7. Limits of Liability
The liability of this Company shall not exceed $ 1. 959,540 in anyone loaa,
diauter or casualty, including aalva.a chargea or other' expensea or all c_-
bined, and in no event for more than tha following limil:s:
(a) While in transit
. . . .
. . .
$-
25,000
(b) While at jobsite
.
. e..
$_1,959,540
$_NOT COVERED
(c) While at any other location covared herein
e. Deductible
lach claim for loss or damage (separstsly occurring) sh,sll be adjusted ,apsr-
Ately and from the amount of each auch adjusted claim or the applicable 11ait
of the liability, whichever is hll, the aum of $ 1,000 shall be deducted,
except thst with respect to loas or damage by windstorm or hail the aum of
$ 1,000 shall be deducted.
9. Valuation
Property hereunder to be valued at tha cost to repair o,r replace the propefty
/ with IIlllteriala of like kind and qu.Uty including labol', IIllItuiala, trarupor-
tation chargea and o~her accrued cbules.
10.. Premium Requiremenu'
(a) The Insured agrees to keep an sccurate record of dl property inaurecl
hereunder which record shall be open for inspecticln by sny duly authoriud
representatives of thia Company at all reasonable times during the policy
period and one year thereaft.r~
. .
(c) Nocwithatanding the requir_nU that prllllliUIII be Ipdd on the total can-
tr.ct values at risk, thb C..p.ny's Ibbility shllll in no event exc.ed
tha Umits of liability provided by thil policy; ;'
(d) In the event of 10" or d..... to the property insured hereunder, thb
Company ahall be lisbla for DO Ireet.r proportion of auch lo.a or d.....
than the totBl contract v.lues l.st reported by the Insured prior to the
loaa or damage bear to the actual total contract v.luea at risk hereund.r
as of the date for which such report waa made.
,
.
"
.
W"
.
- ~ -
. -.11. General Conditions
.
(a) In no event shall this Company be liable for an:y increased cost of re-
pairs or reconstruction by reason of IIny law, o'rdinance, regulation,
penni t or license regulating construction or re'pair.
. (b) It shall be optional with this COllIpany to take I,ver any material for
thl' loss of "hich it hss paid or which has been replsced by new material
at the expense of this Company, and also to rep,.ir, rebuild or replace
any property lost or damased with other of like kind or quality within
" reasonable time, on giving notice of its intention to do so not later
thom thirty (30) days after receipt of the proof of loss herein required;
but there shall he no constructive total loss hlereunder, and th..re can be
no "'llanJonmt,,~nt of .Joy property to this Company.
(c) This policy sh"ll be void, unleu otherwise provided by agreement in
writing added hereto, if this policy be assigned or transferred.
,--
(d) In case of loss or damage to the property of others held by the Insured,
for which claim is made upon this Company with Ithe consent of the Insured,
the ri~ht to adjust such loss or dauge with th,~ owner or owners of the
property is reserved to this Company and the rec:eipt of such owner or
owners in satisfaction thereof ahall be in full satisfaction of any claim
of the Insured for which such p"YI1lent has bLen IMde. If legal proceedi,,'~s
be t"ken to enforce a claim againat the Insured as respects any such toss
or damage, this Company reserves the right st il:s option without expense
to the Insured, to conduct and control the def~\se on behalf of and in
the name of the Insured. No action of this Company in such regard shall
increase the liability of this COlllpany under th:ls policy. In no event
shall this Company be lillble for legal expenses incurred by the Insured
without the Company's prior written consent.
"
(e) In case other valid and collectible insurance e"ists on any property
hereby insured at the time and 'phce of loss, the insurance under this
policy. shall be con!:idered as exceOIl insurance and shall not apply or
contribute to the payment of any lOls until the amount of 6uch other in-
surance shall have been exhauBted; it being agr,.ed that under this policy
the Insured is to be reimbursed to the extent of the difference between
the amount collectible from such other insurancI. and the a"""unt of actual
. loss otherwise collectible hereunder.
(f). Reinstatement
The amount of insurance hereunder sholl not be 'reduced by the payment of
any loss under this policy.
If any provi;ion of this form 1a in conflict ..ith .any prlJvision of the policy to
which this form is attached the provisions of this form "hall apply, All other
terms and conditions remain unchanged.
Attached to and forminp; port of Pollcy No.31 78 287 00 of the
ZURICH INS. CO. #
Dated:
6/12
19!.1
Bond No...6Q,..81..49,O..
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMOR.E, MD. 21203
Performonee Bond # 60 81 490
KNOW ALL MEN BY THESE PRESENTS:
ThaL..f.~!':t'~,GClI.l9:t'I:!,i;~,..<~(),...,....;rI.lg... ......m.. ......mm"
9 3 Allen Blvd 0 (~linIl.th' naa'aTedd"'UeW"'for1<h' C'!'f'Oli
..........m...mmm..m............L....mmm:rl,Sm...L..m....m......mm..m,m,.;l5..........mmm....mm....m....'
as Principal, hereinafter called Contractor, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly hound unto.......... ............m.. ...."........ ......mm'
Town of Southold
unun_.._..__n_nnnn____'
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner,
in..~~e,~~[19({()~e~~~~~()~..N~~el!\lP~~~'Fo1:fty..Se~e~~~~~~~~aIlIi "..".. ""
Dollars ($..,~,,,2??,,.o()(),.OQ...... .. m,), for the payment whereof Contractor and Surety bind themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated .., '......' .. m ......19..,m"
entered into a contract with Owner for..TCl\'lIl..of$()1,l1:P9:L(L'W~!l1;ewat,e:r..Di.spOB,al..D1sto
",$,~Y'Mel'"WaB,te",'l'reatment"Facllit;Y:..""Gr,eenp,or.t.."N.y.".Federal""", '
R~~~~~~1",SO~t:I.:L2()'":03",G()~1;:rtt.<:1;"#.",l"aen'nl,,Construction",and" '
in accordance ;rth drawmgs and specifications prepared by..H.OJ.zma.cl1erJm~<::L.~mc:i,():t1,8c..,..
.,Murrel1,..",P.C..."12,;"Baylls,,Roadr ...Me1.v111e....N.mY,u u.. um..mu.....
(Here insert fur name, title and address)
which contract is by.reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor
shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise
it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner
having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall
promptly
(1) Complete the Contract in accordance with its terms and conditions, or
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi.
tions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract
between such bidder and Owner, and make available as work progresses (even though there should be
a default or a succession of defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not
exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para-
graph, shall mean the total amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on
which final payment under the contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Owner named herein or the heirs, executors, administrators or successors of Owner.
Signed and sealed this.... '
13th
......,mm......day of..
June 84
'...'..'..m'........A.D. 19........
In the presence of:
~EFiRAN CQNCRETE GOo. IN~... .....,(SEAL)
Principal
, ~,..~~
./ nt/e
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
/.-' /-)
By,/...:~~t.(,zA<",.."'......m...."....(SEAL)
Tit/e
Robert G. Tynan, Attorney-in-fact
C309f-
Approved by The American Institute of Architects, A.I.A. Document
No. A..JlI February 1970 Edition.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BAl T1MOIl:E, MD
u_ .-..~~~~.~ f'H...... ..,,, ,,,- 'of. n'-" . "-,,, _ ____ ,__I ;_n _{ .~~
STATE OF...jJl;1l)...'J,tfJ<............... }
< '~f L/ S"'
COUNTY OF......Y-4.LEr=l!.L4'--,......
. j'ff.. ---~ gf
On th"..........._..........., ..'3...=......,......,_......_... of 0.. IJ ~
a E G I.' - ~y ...'.....'.-_ ,lj,....-..............-..-...,..............,..,.....I ......, hefore me personally
ppeared .,',..,"",..,'-,...".....,,_..~,LI.L_..,,_tER<U1E..,_.._.._,..__
~::t ::::i:~s::el~~nt:s;~o, G~;~~;;:;Afet~~~'~~~~.~:~:::::::::;t;;;d,~~~;:::..:.....,
of the..,__...,........_.._.._....... ~p /I . \ /f A I /' O'_~ /"/'/'. T";.~.
the corporation described 'i~'.~~~~;;-f;th~.~~~";;;;;;;-~;~~..;h~'~~;:;;~;;;:;~'~~..;;r.-;;;id.~;;;;;;~~;i';~:
that the seal the~eto affixed 15 such corporate seal; that it is so affixed by order of the Board of Directors, and that he si ned h"
name thereto by hke order. g IS
BR(t12)23 215105
..~~~-
NO;~~""~~ ,...,
No. 4687923 ~
aullllled in Sulfo", ~
Commlulon Expi,,", MlIfCh 30, 1 ~l,
The said ,...,!lislant Secrelary does hereby cerlify thaI the .foregoing ill a trUt. ,,,py of Arlicle "'t. St-cliolJ 2, 01 10lt' Hy-Laws c.f saId Campan), and i.
now in force.
IN WITNESS WHEREOf, the said Vice. President and Assistant Secretary have hereunto Sl1b~rribed tht;lr names and
affixed the Corporate Seal of the .aid FIDELITY AND DEPOSIT COMPANY OF MARYLANu. Ih,S ..JO,t,IL.. ,.. ......day
of ...........JtY~.1;......................,....... , A.D. 19...~;3.
FIDELITY AND DEPOSIT CO~IPAN'\' OF MANY LAND
A lTEST:
~~~-ft'
..................A~~.. ~.~;;;;;.h.... ...---
A)
tik
_~~___..I....un
~-Ict!'P'tS4thnt
STATE or MARYLAND ~.
New York
STATE OF _________n________n.________n_nnwn__}
Nassau SS:
COUNTY OF w_____________n__n____U__
On thi~.::::::::::.m...mnnm';J.~~nnmday of nmm..nm....m~nJ9x:y: before me pe=nally
appearedmn.mm,m~.?~~E:t::mg.~m~}'E~.~nmm..mn.mnn.m.;nmnmm.nmn.m.nmnmmnmmm..mnn_mm.m
with whom I am personally acquainted, who, being by me duly sworn, did depose and say:
That he resides aLn~~E~.~.~mS:~.!X.L.~,~mX'.'nnmmmm.mmnnm...that he is the,A!;:t.().~I.J,~y':-.j,I.J,::f.?'9:tn.
Fideli ty and Deposit t:ompany of Maryland ..nm.mmnnmn...m
~~et~~~~-;~~i~~- ~i~~ib~d--i~-~-~d-~hi~h-~~~~;i-~h~-i~~~~~i;;;-i;;~;;~u~~;;;;Uth-~t-i;~-k~~~-~-;h~~~~~t~-~~I of said cOTJ?Oratio~;
that the seal thereto affixed is such corporate seal: that it was so affixed by order of the Board of Directors, and that he signed hiS
name thereto by like order.
BR(112)23 206637
..,~~?A,.bze~~.~k70.d'
---------'EDITH""M:::po"'l"L"l"UlIlJ Notary Public
NOT MY PUBLIC. State of New Y ark County
No. 3D.4789875
Qualified in Na~l=-Qu County
Comm-~n:o" Exp;Ie~ :JIalc~ 30. 1985
lJ~:l8.0~ltl
........'..m....'.....~.~.......::-=::::,~.....
093-2764 -"'- Au"'''' fj6d4ry
FOR Y(){"R PROTECTIO:\ LOOK FOR THE F&D WATERMARK
L14.'>8a-.'>M.l.84 218988
I
FIDELITY AND DEPOSIT COMPANY
OF MAR YLA:'-ID
Statement of Financial Condition
AS OF DECEMBER 31, 1983
The
~
Companies
ASSETS
*Bonds ........................................................
*Stocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Real Estate. , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .
Cash in Banks and Offices and Short Term Investments. . . . . . . . . . . . . . . .
Premiums in Course of Collection (less than 90 days old) . . . . . . . . . . . . . . .
Reinsurance and Other Accounts Receivable. . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL AD~llTTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserve for Claims and Claim Expenses .............................
Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .
Miscellaneous Reserves and other Liabilities .........................
TOTAL LIABILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Capital Stock, Paid Up ............................. $5.000,000
Surplus. .. . . . . .. . . . . .. .. . . . . . . . . . . . . . . . .. . . . . . . . . 138,661,178
Surplus as Regards Policyholders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Securities carried at $S,287,SI9.in the above statement are deposited as required by law.
$91,337,040
148,620,756
2,966,728
4,536,581
15,095,770
5,783,182
$268,340,063
$74,345,904
43,059,1I5
4,064,685
3,209,178
$124,678.885
143,66l,J78
$268,340,063
*Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the
basis of December 31, 1983 market quotations for all bonds and stocks owned, this Company's total admitted assets
would be $262,590,023. and surplus as regards policyholders $137,91I,138.
I, WILLIAM R. A~lOS, Treasurer of the FIDELITY AI"D DEPOSIT COMPA~Y OF MARYLAND, do hereby certify that the
foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of
December, 1983, according to the best of my information, knowledge and belief.
William R. Amos
Treasurer
STATE or MARYLAND I
CITY OF BALTIMORE f S5:
Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this
31st day of January, 1984,
5;t~P. ~llrzi~n/l:n^!.llso.rzmn'
Notary Public
My commision expires July 1, 1986
Iliotarial
Seal
Bond No. EiQ...I,)J,.,.49.Q.
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMOR.E, MD, 21203
Labor anti Material Payment 80ntl# 60 81 490
Note: This bond is issued simultaneously with Performance Bond in favor
of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That. ...FeI'I'~J:l...G,()J:lCJ:"E?t.E?G()."..))1C;:.L... . .,. , , ,. ,....... ......
.__9J__.A~J.~n._.~!'y_g.,_.__f~rml~g4[t~~_~~.Ne~W~.I.rQ~~k~~_~~)-~i735)_ _____.__ ________._____._. ___........__
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora.
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto.
Town of Southold
. __.__00__1
....uu.............._
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,
in the amount oL. nOnenlVIil:J,i,()11,.NJnEenHundrEeCl.FH:tY.~E?:V:EeJ:l.rl:1()1,1!>~l.:rJ.4 .~J:l4 '
. .no/lOO
_ ________u_________________ __n_ _____ ____n_____.__ _.. ........,
1 957 000 aDHere insert a slim equal to at least onc-half of the contra~t pr~ce) .
Dollars ($n..'...,.L.n'..n.n,.,.,), for the payment whereof Pnnclpal and Surety bmd themselves,
their heirs, executors, administrators, successors and assigns, jo'intly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement dated,n .. nnnn.nn nnnnnnnnnnnnnnnnn19 n,nn'
entered into a contract with Owner for, nTo1rlJ:lof.South():LdnW:astEeW'a,ternDispOE;al]):i,,~:t.
Scavenger Waste Treatment Facility Greenport N.Y. Federal
n",... n n."""""'" n n"" n""" nn n..n""" n"" .'n',""""".' ..."""""" n'n,""""" ,Lnn""""
P~~~Bc;~i~~in&;~~~1120:-03"",C()J:l1;J:"~<:t. "#J",q~;ii:~c~~~st~~i~~~~J:J.<ind,,
In accor~ance With arawmgs and speCIficatIOns prepared by_______a_________________________t__ . ..,
&nMurrr=11,nI'~C.,n:l?5n.Baylis.RaadLMelv:iJ,leL N. Y. nn,nn'...nn
(Here insert full name, title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay-
ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions:
1. A claimant is defined as one ha,,:ing a direct contract with the Principal or with a sub-contractor of the Principal for labor,
material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to
include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have executioll
thereon. The Owner shall not be liable for the payment of any costs or expenses of allY such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any
two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did
or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main-
tained for the transaction of business, or served in any manner in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being
understood, however, that i(any limitation embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be alI1ended so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,
or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shaH be reduced by and to the extent of any payment or payments made in good faith here-
under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this
13th
..........n..........day 01..,
June
84
..n ,..A.D. 19........
In the presence of:
J;;]3;FffiAN CONCRET]3; CO'J INC. , .. (SEAL)
Principal
~~;;:::Z: &">~" ~
7'~ ntle
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
/ '\ /'",
B/~("{(C/': mmm...
Robert G. Tynan,
..,...............,.., ....,(SEAL)
Title
AttorneY-1n-fact
C30geJi-
Approved by The American Institute of Archltecta, A.LA. Document
No. A-311 February 1970 Edition.
1-
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OfFICE, 8Al TlMORf, MD
STATE OFn.jiJ/:;iL2mn~L.Cn.mnn l
COUNTY of,..6uEEl2.!dS:...mnnn..n.. 55' ')./
On thiLn,.n.._......_"nnniln'5:.nnmnnn,.."..day OL,m,W&f:::nnn"n,mnnnn,..,",n,_.,"",."m,,19n~Fbefore me personally
appearednnnnnnE&:Ii:....!.i2nnnnn~,lEnnnnn,mnnnnnnnn,m,.n..m_n.nmnmnnnnm'mmnnnmnmmnnnnnm.....nm
with whom I am personally acquainted, who, being by me duly sworn, did depose and say: l2 '
That he resides a~.smS&p~,INf2))'4dEZtAl/i"m,mthat he is tbe......L~.J6-"2uCmmmn
of the..'nnmm...,.G..~mnn..LLJ~"J:Cnn_nn' . T/ 1".. ..'..._mmmmmmnn.mn..nnnmmnumnu..'.....nu......
the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation;
that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his
name thereto by like order.
BR(112)23 215105
The said AlIsislant ~crelary does hereby cerlify that the aforegoing is a trllt ~0py of Art.c1e "'1, St-l'IIOIl 2, 01 ,Oll: liy.Law~ 0f said Compan), and is
now in (orce.
IN WITNESS WHEREOF,.he said Vice. President and Assistant Secretary havt" hereunlr. SlIhsrribed their names and
affixed the Corporate Seal of Ihe said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, IhlSJQJPn ,.nhuhday
of hunnn..A.!-:I~,1;nn........u........nnhh , A.D. 19u~;L
FIDELITY AND DEPOSIT CO~IPANY OF MARY LAND
AlTEST:
~cz~-ft'
...............n:;,;,,;;;,-;,;.... ..~;;;;;....... ..un
OJ
,~J,.~hhh
~.ICl!.P'tSllkflt
STATE or ~hflnAND
New York
~:::T:F~~::::::::::::i~~:~~~:::::::::::: l ss:
On this ,n_mm.__m_,mm___J;3..~__,_m,day of _mmm_m__.m__~2-~-mJ9-.;p/. before me personally
appeared _______I3:~P.~!'_!.__c;:,,____1:Yn~!.l.mmm.__mu...mmmuu____.m___uumm_m_....__mumm____m______m__..___
with wh~~-I--;~ personally acquainted, who, being by me duly sworn, did depose and say:
. Attorney-in-fact
Th h 'd t Garden City N _ Y- that he 15 the._mm___mu..m__ummmum__.
at e rest es a __~_n____n____~_______ u_ _f-__n___.__ ......__nn.v_n_n_______nn__d___
Fideli ty and Deposi t _gg_Il!P.~m~!m~.~r.y_:J,~Q<:!u__mm_m_mm.mmuum.mm
~~et~~r;-;~~i~-~-d~~~~ib~-i~-~~d-;hi~h-~~~~~-th-;-i~;.;~i~g instrument: that he knows the cOI1l?rate seal of said co~ratio~;
that the seal thereto affixed is such corporate seal: that it was so affixed by order of the Board of Directors, and that he signed hiS
name thereto by like order.
1,11~"'-(!r
093-2764
FOR YOCR PROTECTIO:\' LOOK FOR THE F&D WATERMARK
uE-DiTIi.M:.pUTI.AiiD-~.z-dN4;.~if~1CL.
NOTARY PUBLIC. State of New York County
No. 30-4789875
Qualified in NQfo~U County
Commission Expizes MNCb 30, 1985
..,.,..=..........~...........~.~.~.....
------~--- Awslant fd4ry
BR(112)23 206637
Ll458a-S\l, 1-84 218988
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
StatelDent 0' Finaneial Condition
AS OF DECEMBER 31, 1983
The
r.w>
Companies
ASSETS
*Bonds ....,'................,..........,...........,.......,..
*Stocks ...,..........,......".............,........,......"..
Real Estate. . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . , . . , , , . . . . ,
Cash in Banks and Offices and Short Term Investments. . . . . . . , , . , . . . . .
Premiums in Course of Collection (less than 90 days old) . . . . . . , . . . . . . , .
Reinsurance and Other Accounts Receivable. . . . . . , . . . , , . . . , . . . . . . . , .
TOTAL ADMITTED ASSETS. . . . . . . . . . . . . . , . . , . . , . . . . . . . . . . . . . . . . , . .
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Unearned Premiums. . . . . . . . . , . . , . . . , . . . . . . . . . . . . . . . . . .
Reserve for Claims and Claim Expenses ......... .', . . . . . . . . , . . . . . . . . .
Reserve for Taxes and Expenses. . . . . . . , . . . . . . . . , . . . , . . . . . . . . . . . . , . .
Miscellaneous Reserves and other Liabilities ....,...,.....,...".....
TOTAL LIABILITIES. . , . . , . . , . . . . . , , . . . . . . . . . . . , . . . . . . , . . . . , . . . . ,
Capital Stock, Paid Up. . . . . . . . . .. . . . . . . . . . . . . . .. . . . $5,000,000
Surplus. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 138,661,178
Surplus as Regards Policyholders. . . . . . . . . . . . , . . . , . . . . , . . . . . . . . . . . , .
TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Securities carried at $5,287,519.in the above statement are deposited as required by law.
$91,337,040
148,620,756
2,966,728
4,536,581
15,095,770
5,783.182
$268,340,063
$74,345,904
43,059,115
4,064,685
3,209,178
$124,678,885
143,661,178
$268,340,063
*Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the
basis of December 31,1983 market quotations for all bonds and stocks owned, this Company's total admitted assets
would be $262,590.023. and surplus as regards policyholders $137,911,138.
I, WIU.IAM R. AMOS, Treasurer of the FIDELITY A~D DEPOSIT COMPAl\'Y OF MARYLA!';D, do hereby certify that the
foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of
December, 1983, according to the best of my information, knowledge and belief.
William R. Amos
Treasurer
STATE OF MARYLAND ~
CITY OF BALTI:\IORE f ss:
Subscribed and sworn to, before me, a Notary Public of the State of Maryland in the City of Baltimore, this
31st day of January, 1984.
n~t~p~{l~i~n/l:l'1{l,s,o.rl:m'
Notary Public
My commision expires July 1, 1986
iVotarial
Seal
~
Bond No..ti9.JI:ln.49Qn
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND BALTIMOR.E, MD. 21203
Labor and Material Payment Bond# 60 81 1~90
Note: This bond is issued simultaneously with Performance Bond in favor
of the owner conditioned on the full and faithful performance of the contract.
KNOW ALL MEN BY THESE PRESENTS:
That.. nmFe.r.r!m.nC.onCreteCO"'n.lnC.. nnnnnn___n 00___000000 n.
itHere insert the name and address or legal title of the Contractor)
... m n9.3nAllen.BlYd,.n___armingdale,___New...YO.rkn....U7J5. .... ....._________ .....______00___..
as Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COI-IPANY OF MARYLAND, a corpora-
tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety,
hereinafter called Surety, are held and firmly bound unto.
Town of Soutp(l:\'90n 0000000000000000 000000000000___ 00000000000000 00000000______.'
(Here insert the name and address or legal title of the Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined,
in the amount Ofnn....One..m.11j,9P.nN.i,n€!..H1.111<:irE!(imF.'t:t:'tymSeyEm.TI1Qll!;an~Imd
nmtl()!lQOn . . 00___ 00 000000000000 0000000000000000 nnnnnnnnnnnn___n___m'
1 9$7 000 OOHere insert a sum equal to at least one-half of the contra:t pr~ce) .
Dollars ($0000 nLnnnnLnn.n.mnn nnmmn), for the payment whereof Pnnclpal and Surety bmd themselves,
their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has by written agreement datedn 00 n. 00000000__. .000000000000001900 00.00'
entered into a contract with Owner fornn']'Q\OIl1n()j'n.sOlltl1Ql<:i__W~.f;:t:eWa..:t:e::r.__D1.SPQ1>a.lnD1".t.
1'lC::lly~~eI'nvraste'l'l:'",.?-t;IIl~t1t..F~cl11tYL(}reetlPOI't,...N'Y'n...1i'~CJ.E!r~:I... __ ........0000
~~g~;~f~~;...C-~-1J.:2Q~Q3..... c.Clntl'llc't...#J...c;~~i~:;c~~~!;t~i;~~~..and
m accorcrance wThh "feawmgs and speCificatIOns prepared oy.................__.._.....................................n.-n.-.. ... ....mn
Bc..Jtl\1:rrellLP&....:I,?2..~yllsnRoa.ci.....M~~:,,:~n~LNLX. ..... ....n..
(Here insert full name. title and address)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NO\V, THEREFORE, THE CONDITIO:"! OF THIS OBLIGATION is such that, if Principal shall promptly make pay-
ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following
conditions;
1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor,
material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to
include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein
defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such
claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use
of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
(a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any
two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did
or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with
substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the
work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail,
postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly main-
tained for the transaction of business, or served in any manner in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be made by a public officer.
(b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being
understood, however, that irany limitation embodied in this bond is prohibited by any law controlling the construction hereof
such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law.
(c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project,
or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here-
under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or
not claim for the amount of such lien be presented under and against this bond.
Signed and sealed this.n
13th
n m.day of..
June 84
nnmn.nn.A.D. 19___.nn
In the presence of:
ffIi:~.c;()w::~']'r;nC()..lES;ai....u(SEAL)
mnuum#~'
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
uuu/€l;~ "<'-cum muuu(SEAL)
Title
G. Tynan, Attorney-in-fact
By
Robert
C30geU-
Approved by The American Institute of Archltecta, A,I.A. Document
No. A-J1t February 1970 Edition.
L1458a-5M, 1-84 218988
l
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
StatelDent of Financial {;ondition
AS OF DECEMBER 31, 1983
The
~
Companies
ASSETS
.Bonds ,..,...."....,............,.......,...,............,...
.Stocks . , . . . . . . , . . . . . . . , . . . , . . . . . , . , . . . , . , . . . . . . . . . . . . . , , . , , . . .
Real Estate. . . . . . . . . , . . . , . , , , . . , . . , . . . . . . . . . . . . . . . . . , . . , . . , . . . . .
Cash in Banks and Offices and Short Term Investments. . . , , . , , . . . . . . , .
Premiums in Course of Collection (less than 90 days old) . . . . . , . . . . . . . , .
Reinsurance and Other Accounts Receivable. . , . . , . . . . . . . . . . . . . . . . , . .
TOTAL ADMITIED ASSETS. . . . . , . . . . . . . . . . . . . . , . . . . , . . . , , . . . . . . . . .
LIABILITIES, SURPLUS AND OTHER FUNDS
Reserve for Unearned Premiums. '. . . . . . . , . . . , . . , . . . , , , . . ,. . . . . . . ..
Reserve for Claims and Claim Expenses ......"..",..."...........,.
Reserve for Taxes and Expenses. . . . . . . , . . . . . , . . , . . . . . . . . . . . . . . . . . . .
Miscellaneous Reserves and other Liabilities .........,....,......,...
TOTAL LIABILITIES. . , . . , . . . . . . . . . . . . . . . , . . , . . . , . . . . , , . . . . . . . . . .
Capital Stock, Paid Up ............................. $5,000,000
Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138,661,1 78
Surplus as Regards Policyholders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TOT At . , , . . . . , . . . . , . . , . . . . . . . . . . . , , . . . , . , , . . . , , . . . , . . . . . . . . .
Securities carried at $5,287,519.in the above statement are deposited as required by law.
$91.337,040
148,620,756
2,966,728
4,536,581
15,095,770
5,783,182
$268,340,063
$74,345,904
43,059,1l5
4,064,685
3,209,178
$124,678,885
143,661,178
$268,340,063
.Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the
basis of December 31,1983 market quotations for all bonds and stocks owned, this Company's total admitted assets
would be $262,590,023. and surplus as regards policyholders $137,911,l38.
I, WILLIAM R. A~IOS, Treasurer of the FIOUIT'I" Al....0 DF.POSIT COMPA:'-IY OF MARYLAND, do hereby certify that the
foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 31st day of
December, 1983, according to the best of my information, knowledge and belief.
William R. Amos
Treasurer
1
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME O~FICE. 8Al T1MORE. MO
KNOW A1.L MEN BY THESE PRESENTS: That the FIDELITY AND OF-POSIT COMPANY OF MARY1.AND. a corporatIOn of the
Slate of Maryland. by C. M. PECOT, JR. Vil'f"_Prpo:irl..n. ",...A r'" t''''~h-'.''
STATE OF.../:-I,ej))..:z{n..c.......... }
COUNTY 0...3uF8.t.Js::.................... 50' - _ 2 I
On th;s...........l3..."!:.....................................day of....J..VtJf3.............................................19.. ..'tbefore me personally
. ..-
k@./6lQ ~.u "[E'...........................
~i:~~:~.I;;-;;;~~;;;;~~il~..~~~~~i~;;;d~.;;h~:b.~;ng by m~.dul;.~;;;~;~.:didd;~,~.;;-~d.~~~;...............lJ ~ '
. IJ... A. "6.-fT~.... .. . ..L/J.6A/J::(L;..1l..7.:..t. bat he ;s the..........a~......I..!>..f:::A.2c.....
That he resldes aL/~- _ =-/9- r;
kYJJAJ ',lj U?1<7E. W' _.1.1e-. .....................-.............................................
of tha____nn._n_______n -- - - - n___________n__n__n_n. - th f ---';--. t t. that he -k~ows the corporate seal of said corporation;
. d 'bed' a d which executed e oregomg ms rumen , d h h . d h'
the corporation escn In nth.' ffixed by order of the Board of Directors, an t at e slgne 15
that the seal thereto affixed is such corporate seal; at It 15 so a
name thereto by Hke order. ..---.// :if................ _. .... _.. ......
n--~-- ..___.____n.. Notary Public
KATHERINE A. MA NEY Cou y
NOTARY PUBLIC. State of New York
BR(112)23 215105 No. 4667923
Quelifled in Suffolk County Ph
; Commission Expires March~, 1~_
The said Assistant Secretary does hereby certify thallhe aforegoinvisa lru~ ~upy of Article ".f, ~dIOJl 2. 01 .01" Hy.Law5 d saldCompan).andis
now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Sf"cretary havf" hereuntf> sllh~r'ribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARY1.AND. ,hiS ...1.Q.t!J..........day
of ...........J\Il~!!.1;............................ , A.D. 19...(!;3...
FIDELITY AND DEPOSIT CO~IPANY OF MARY LAND
ATTEST:
....~~f!..
A""'.;.;~;;;;;;;.....r.c
11)
.euJ~
hce.Pusl.tUnt
STATE OF MARVLAND ~
Cln OF BALTIMORE f 55:
"I"\~,", ..1__._c
A'H?ItClt
_ A_D. 19 A3. before the subscriber.. Notary Public of lhe Slal_e _of ~.ryl.nd. in
STATE OF ...nmm.m.N~.WnXQ::r.!Lmn}
55:
COUNTY OFmm.mmNassaunmmm. (/L
On tb;s nn.mm.mm.mm.j.0..~nnmday of mmmm.m~''::'~''?mr'mmC:::..19e.i before me perwnally
appeared.mmmmm!t.?'I?E;!_:r:::t;mg_~".~.~~~mmnmn_m_m_______nmmm___mn__nn.mmmmmnnmmm.mn__mnm.
.- . .. ,p" '-'
NEW yr~X STATE DEPARTMENT OF ENVIRC~TAL CONSER~1ION
CERTIFICATION OF BOND AND INSURANCE COVERAGE
N~me of Applicant
TOWN OF SOUTHOLD
Project Southold Scavenger Waste Treatment Facility C-36-112D-02
No. 2 - Heating, Ventilation
Contract ~ Air TnnclitinninQ ContractorValentine Heating & Air Conditioning Inc
Date of Contract Signed Julv 25. 1984
Contract Cost $19,565.0,0
Scheduled Date of Completion 18 months from date of commencement
C01IItlanv and Policv Number Amount I Oristinal . Renewal 1 2
Performance Bond Union Indemnitv Ins. Co. of Ne York
B 107022 $19,565.00
Labor & Material Union Indemnity Ins. Co. of Ne York
Ilond . .
B 107022 $19,565.00
Bodily Injury Hartford Accident & Indemnity / o.
Public Liability 31C HJ1564 $500,000.0 5/1/85
Hartford Accident & Inc;lemnity o.
Property Damage
. Liabili ty 31C HJ1564 $500,000.0 5/1/85
Auto Public Hartford Accident & Indemnity o.
Liability; . 31AB FP6648 $500,000. ( 0 5/1/85
"
Au to Property Hartford Accident & Indemnity o. ,
'"
Damage Liability $500,000. (0
31AF FP6648 5/1/85
Fire & Extended Hartford Fire Insurance Co. .
Coverage Risk) <i:F800 '427 . $20,000.01 7/26/85
(Builders
Workmen's 0 ( ~ ------- I
Co=ensation 31WE DB 2154 .~ I
,
Expira tion Date
Inspect.
Owner s Protect~ve
Hartford Accident & Indemnity Co.
Construction & Mechanical.
~ HVAC
1.
',.'
J
\...... ,"
"
. .
CONTRACT MANAGEMENT SYSTEM
CONTRACT AWARD,PROCEED & START DATES
(Attachment ItS)
Please estimate the dates you intend to award the contract, release the Notice to proceed and
start construction on each contract. This form must be completed and returned to:
(Section Chief) Mr. Robert Knizek, P.E.
NYSDEC, Long Island Projects Sectlon
. 50 Wolf Road - Room 418
Albany, NY 12233
within 14 days of receipt.
C-36-1120-02
Southold Scavenger Waste Pretreatment
Notice to
.Proceed
Facility
Construction
Start
Contract No. & Title
Award Date
(Comolete) General
6/5/84
7/2/84
7/9/84
4/4/84
7/30/84
7/25/84
3. Plwnbing
6/5/84
7/23/84
7/16/84
4. Electrical
5.
6/5/84
7/23/84
7/13/84
....
'.
.;
UIII.II
Bond No. B 107022
PERFORMANCE BOND
The American Institute of Architects,
AlA Document No. A311 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Valentine Heating & Air Conditioning Corp.
500 Route 25A, Miller Place, New York 11764
as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety)
Union Indemnity Insurance Company of New York
260 Madison Avenue, New York, New York 10016
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
Town of Southold, Southold, New York
Nineteen Thousand Five Hundred Sixty-five and 00/100
as Obligee, hereinafter called Owner, in the amount of
Dollars
0011." ($ 19,565. 00
>,
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
fi rmly by these presents.
WHEREAS, Valentine Heating & Air Conditioning Corp.
Contractor has by written agreement dated March 14 1984 ,entered into a contract with Owner for HVAC work for
Construction of Scavenger Waste Treatment Facility, Southold, New York
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION Is
such that, if Contractor shall promptly and faithfully perform said Con-
tract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of
time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms and condi-
tions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of the
lowest responsible bidder, or, if the Owner elects, upon determination
by the Owner and the Surety jointly of the lowest responsible bidder,
arrange.for a contract between such bidder and Owner, and make avail-
able as Work progresses (even though there should be a default or a
succession of defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the cost of com-
pletion less the balance of the contract price; but not exceeding, includ-
ing other costs and damages for which the Surety may be liable hereunder,
the amount set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall mean the total
amount payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the expiration of
two (2) years from the date on which final paym.;nt under the Contract
falls due.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Owner named herein or the heirs,
executors, administrators or successors of. the Owner.
.M..M
Bond No. B 107022
1
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AlA Document No. A311 (February, 1970 Edition)
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW All MEN BY THESE PRESENTS: that (Here insert full !\lime and .:kIress or legal title of Contractor)
Valentine Heating and Air Conditioning Corp.
500 Route 25A, Miller Place, New York 11764
as Principal, hereinafter caUed Principal, and, (Here insert full neme and ac:ldress or legal title of Surety)
Union Indemnity Insurance Company of New York
260 Madison Avenue, New York, New York 10016
_ Surety, hereinafter called Surety, are held and firmly bound unto (....... Insert full name and address or legIIl title of Owner)
Town of Southold, Southold, New York
as Obligee, hereh,.fter ailed Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Nineteen Thousand
Five Hundred Sixty-five and 00/100 Dollars
(He,. insert . sum equal to at least one-half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
firmly by these p<esents.
YVHEREAS, Valentine Heating & Air Conditioning Corp.
Prlnclpolhosbywriftenllllreemen.dated March 14 _1984 ,entered into a con.ractwithOwner for HVAC work for
construction of Scavenger Waste Treatment Facility, Southold, New York
in accordance with Drawings and Specifications preplred by (Here insert full name and address or legal title of Architect)
Dollars ($ 19,565.00
>,
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such or furnished the las. of the materials for which said cla;m is made,
that, if Principal shall promptly make payment to all claimants as here- stating with substantial accuracy the amount claimed and the name of
lnafter defined, for all labor and material used or reasonably required the party to whom the materials were furnished, or for whom the work.
for use in the performance of the Contract, then this obligation shall or labor .was done or performed. Such notice shall be served by mailing
be void; otherwise it shall remain in full force and effect, subject, the same by registered mail or certified mail, postage prepaid, In an
however, to the follOWing conditions: envelope addressed to the Principal, Owner or Surety, at any place
1. A claimant is defined as one having a direct contract with the where an office is regularly maintaihed for the transaction of business,
Principal or with a Subcontractor of the Principal for labor, material, or or served in any manner in which legal process may be served in the
both, used or reasonably required for use in the performance of the state in which the aforesaid project is located, save that such service
Contract, labor and material being construed to include that part of need not be made by a public officer.
water, gas, power, light, heat, oil, gasoline, telephone service or rental b) After the expiration of one (1) year follOWing the date on which
of equipment directly applicable to the Contract. Principal ceased Work on said Contract, it being understood, however,
2. The above named Principal and Surety hereby jointly and sever- that if any limitation embodied -in. this bond is prohibited by any Jaw
ally agree with the Owner that every claimant as herein defined, who controlling the construction hereof such limitation shall be deemed to
has not been paid in full before the expiration of a period of ninety (90> be amended so as to be equal to the minimum period of limitation per-
days after the date on which the last of such claimant's work or labor mitted by such law.
was done or performed, or materials were furnished by such claimant, c) Other than in a state court of competent jurisdiction in and for
may sue on this bond for the use of such claimant, prosecute the suit the county or other political subdivision of the state in which the
to final judgment for such sum or sums as may be justly due claimant, Project, or any part thereof, is situated, or in the United States District
and have execution thereon. The Owner shall not be liable for the pay. Court for the district in which the Project, or any part thereof, is situ-
ment of any costs or expenses of any such suit. ated, and not elsewhere.
3. No suit or action shall be commenced hereunder by any claimant: 4. The amount of this bond shall be reduced by and to the extent
a) Unless claimant, other than one having a direct contract with the of any payment or payments made in good faith hereunder, inclusive of
Principal, shall have given written notice to any two of the following: the payment by Surety of mechanics' liens which may be filed of record
the Principal, the Owner, or the Surety above named, within ninety (90) against said improvement, whether or not claim for the amount of such
days after such claimant did or performed the last of the work or labor, lien be presented under and against this bond.
C".,",.",., ',' "'."1",,' ,i. "4.
I~ ._,~
,o'.,q,"r:
. q ,~,'
,
.'
.
.
POWER OF ATTORNEY AND BOND NoB
107022
.
Union Indemnity Insurance
Company of New York
Executive Offices
260 Madison Avenue
New Yark, New Yark 10016
All authority hereby conferred, unless revoked earlier,
shall expire and telrminate, without notice, unless used
before midnight o'f MAY, 30. 1985
Producer Number:
5022-7006
KNOW ALL MEN BY THESE PRESENTS:
That Union Indemnity Insurance Company of New York
does hereby appoint:
JOHN T. OSTHEIMER, JOHN J. NETTIS, KURT F. OSTHElMER,
GREGORY S. OSTHEIMER AND GAIL F. DUFFY, ALL OF RYE, NEW YORK
its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make, execute,
sign, acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings,
recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on
behalf of said Company and as act and deed of said Company, not to exceed. SIX HUNDRED
THOUSAND 00/100 ($600,000) DOLLARS any single instrument.
IN WITNESS WHEREOF, Union Indemnity Insurance Company of New York have executed these presents
this 2nd day of APRIL 19....M....
-~--./ ;L ~~~
RICHARD L. BOYLE, Senior ice President
STATE OF NEW YORK
COUNTY OF NEW YORK
55:
On this 2nd day of APRIL 19~beforemecame
the above named officer of Union Indemnity Insurance Company of
New York, to me personally known to be the individual and officer
desribed herein, and acknowledged that he executed the foregoing
instrument and affixed the seals of said corporations thereto by
authority of his office.
LUCILLE SCHULTZ
NOTARY PUBLIC, STATE OF NEW YORK
No. 03.4727511
Qualified in Bronx County
T arm Expires March 30, 1986
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of New
York: March 17, 1980:
RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the board, the
President. Senior Vice President, Vice President, an Assistant Vice President or Secretary of this Company is
hereby authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to
execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the
nature thereof, and to attach the corporate seal of the Company to such documents:
RESOLVED, that the signatures and attestations of such officers and the sl3al of the company may be affixed to
any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding
upon the Company with respect to any bond, undertaking, recognizance or other contract of indemnity or
writing obligatory in the nature thereof; and
RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing resolutionsarestill in
effect and may insert in such certification the date ofthe certification but that date may be not later than the date
of delivery of the certificate by the Attorney-in-Fact.
I, Thomas G. O'Brien III, Secretary of Union I ndemnity Insurance Company of New York, do hereby certify that
the foregoing excerpts of the Resolution adopted by the board of Directors of the corporation and the Powers
of Attorney issued pursuant thereto, are true and correct and that both the Resolution and Powers of Attorney
are in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
~""'" this 2n~d claY~Of ~AP~IL, , 19~
t c........Jo~\ . rJ, --
I IIAL, V. ao. .!!l-
t. It" .
'I..~I. ..0 . Thomas G. O'Brien III, Secretary
~ 't #'...
. .
On mi. 9th riavaf July '084
.. abo_ ~l-.:l fr. _ _ _bete,.. no.. ~
o I~~ of UnIon lno-mni'[y In'Rn~ ~ at ......
:)r"ta~~lvkno__ be. - '..
If'.in. and .aelr:no.."t~ to trw Indlv&CWllc ~ offiQn Jo.._ 4.-J:
od ..ffiz-o tblo "'.1 af s.id rn.t 111." ..x.cu-r.d m. fOAgoiI"l9 innrum.nt and
CDI'Oor.l'I01'1 U'11ftWtO by aumoriry at their atfia.
2
'Y1 . __~ :';
/~ /.~~, -/
MARIE T. BAUER
Notary Public. StatB of New York
No. 0192500
QuaJified in New York CDunty
Commission expires J/30/85
. NOTARY PUBLIC. 51.'; oiNew YOlk ,. ~~
.. . No. 4677753. Suffolk (ounl
MYCOmml~S1on ~xp~~e~ ,,_.~.:~::'~[~"~:~.::~~~!>_~_____________~~ a _~~i~ __~: _"_ __~.~~~_
Slate of New York
l55.
County of WeRtches ter
~
c
~
E
>'"
~ ."
~ ~
:; ~
'" 0
c
""
y
<(
On this
9th
day of
July
19 84
. before me personally came
Gail F. Duffy
to me known, who, being by me duly sworn, did depose and say that
he is an attorney-in-fact of Union Indemnitv Insurance Company of New York
the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal
affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact
by alJthority of the Board of Directors of said 'corporation and by authority of this office under the Standing Resolutions thereof.
CAROL A. CAR80NE /~-
Notary Public, State of New York ~',/. ;
No. 4756201 {, /, "" y____/
I f ~<. , .... I ---
e...all"d 111 VVt:l:Slt:nl';S~.er vOUl').ty/
Term Expires March 30. 19~
// .
(/-0 --l"7)<.R ---'
Notary Public
:/
My commission expires
qco
-I CERTIFIC~ :E OF INSURANCE
ISSUE DATE (MMlDDIYY)
7/16/84
-P'Ri:lotCER
THIS CERTIF1CATE ISI88UED AS A MATTER OF INFOIlIIATION ONLY AND CONFEIlll
NO AIClHTS UPON THE CERTlflCjlTE HOI.DER. THIS CEIIT1FICATE DOES NOT AMEND,
EXTEND OR ALTER THE COYERJIGE AFFORDED BY THE POUCIE8 1EUlW.
John T. Ostheimer Agency, Inc.
16 Elm Place
Rye, New York 10580
COMPANIES AFFORDING COVERAGE
COMPANY Ii. Hartford Aecident & Indemnity Co.
LETTER
COMPANY .
LETTER po ~ "" ~ """',1 ny"rs Insuranc e Co.,
& Air Conditioning, Inc COMPANY C
LETTER
INSURED
Valentine Heating
500 Route 25A
P.O. Box AU
Miller Place, New
York 11764
COMPANY D
LETTER
COMPANY E
LETTER
AGES
&~
","l'.l;!;
THill IS TO CI!RTIFY THAT POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED I~AMED ABOVE FOR THE POLICY PERIOD INDICATED.
N01'WITHSTAltDlNG ANY REQUIREMENT, TERM OR CONDITION OF ANV CONTRACT OR OTHER DOCUMEN'r WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED oR MAV PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI-
TI~~S OF sutH POLICIES.
POLICY EFFECTIVE POLICY EXPIRATION I LIABILITY LIMITS IN THOUSANDS
DATE (MMIOO/YY) DATE (MM/DD/YY) ~AGGREGATE
BODILY $ 1$
INJURY
~I$
TYPE OF INSURANCE
POLICY NUMBER
GIONERAL L1ABIUTY
-
L COMPREHeNSIVE FORM
[ _ESIOPERATIONS
- UNDERGRduNO
A _ EXPLOSiOif& COLlAPSE HAZARO
L PROIlUCTSICOMPLETED OPERATIONS
!l. CllNTlloICl!UAl
x... INDEPENDENT CQN1AACTORS
x... BflIl,IW FORM PROPERTY DAMAGE
x... PERSONAl INJURY
31C HJ1564
5/1/84
5/1/85
=~TY $
~EO $
500
$ 500
AI1TOM0811cE LIABILITY
~I ANY AUTO
A lL I All OWNED AUTOS (PRJV. PASS.)
X All OWNED AUTOS (OTHER THAN)
_ PRIV. PASS.
lL HIRED AUTOS
lL NON-OWNID AUTOS
GARAGE LIABilITY
-
Bn~I=~~l~ FORM
3lAB FP6648
5/1/84
5/1/85
I PERSONAL INJURY
l~-I$--
I~.-nl$ -
I~~rl$
g:,t~EO $ 500
r;OO-_n
XMO 0232 06
5/1/84
[5/1/85 [!1t~~EO_$_2,000 $ 2,000
15/'/85 Ii:;;,. ;;'.~~~~lIMn)
~(iiISeASE'EACH EMPLOYEE)
I ~ .'--
A
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
31WE DB 2154
5/1/84
_rHER
DESCFIIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS
HVAC work for construction of Scavenger Waste Treatment Fa.cility, Southold, New York
Town of Southold and the Inc-, Village of Greenport as Additional Insureds.
leA TE HOLDER ELLA TI N
or:m.il
Town of Southold
Town Hall
Southo1d, New York
.:.'{i{eJ:rgr,gr"j;~.
SHOULD ANY OF THE ABOVE llESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIRAIIYN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL_DAYS WRITTEN /lOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL ~ NO OBUOATION OR UABlUTY
OF ANY KIND UPON THE COMI'~',T1/,GE~ RE~NTATIVES. "
AUTHORIZED REPRESENTATIV ~~.aR
11:".:.ltl.J:t...iI.I:.1:T.];Bj[.HBl:fi
.qc: ~T~
I"ROOl
leER THIS CEllTlFlCATE IS _ AS' A MATTER Of' INFOMIATION 011. Y AHD
NO ~ UPON THE .....'..,ylTE HOLlIeR. THIS CEllTlPlCATE DOES NOT
!., Qat....-t yo ~. V, IM. EXTEND OR ALTER THE COVEJIj_ _IIY THE POLICIES ELOW.
..~ 10510 COMPAMES AFFORDING COveRAGE
caM'!>MY .A ~ AlMite~ . T-'" tt,yCo.
LETTER
-
COMPANY . -llann lllI
ED LETTER I YI Co.
. Jestblc . J.1r OllelU.tf-i... IDe COMPANY C
.$ LETTER
.... COMPANY D
1t.1.&ee, .. tCll'll. U-rQ LETTER
COMPANY E
LETTER
AGES
,,-
lAima
..,..
-,
INSUA
~
,....
P.O.
IAU..
t{'lTl:IJ
THIIIS ro
N01rwrrHST
BEIIlSUED
TIONS OF S
COUFEM
-.
~.
IFY THAT POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED I~ED ABOVE FOR THE POLICY PERIOD INOlCATED.
DINQ ANY REOUIllEMENT, TEAM 011 CONDITION OF ANY CONTRACT 011 OTHER DOCUMENT WITH IlESPECT TO WHICH THIS CERTIFICATE MAY
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCIlIBED HEREIN IS SUBJeCT TO ALL THE TEAMS, EXCLUSIONS, AND COHDI.
POUCIES.
Wut. 'fx_'J t ".Wt,y, 84 \110'.. .. taft
_t. .. ,IMj,U-:L n..-....
,
""~[Il:t".lIU.]~
SHOULD ANY OF THE ABOVE IlESCIIl8ED POLICIES BE CANCELLED BEFORE THE EX.
PIR:'ijN DATE THEREOF, THE ISSUINQ COIIPANY WILL ENDEAVOR TO
MAIL_DAYS WRITTEN IIOTICE TO THE CERTIFICATE HOUlER NAIlED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE ~~ NO~TION OR UAIIIUTY
Of'!>MY KIND UPON THE COIII'~:.....rry~OR ~ATIVES._
AlfTHORIZED REPRESENTAT ~~~7.,
n:"lTi[.]:l.It{~.l:li.U['HB:m~
POIJCYEFFECTIVE
DATE (MWlllJI'IY)
POliCY EXPIRATlON
DATE (MM/DD/VYl
TYPE OF INSURANCE
POLICY NUMBER
"
GI;NEAAL UABlLITY
COMPflEHtNSlVE FORM
P~nRATlONS
I ~a.rCOLlAPSE HAZARD
PROllUCT$ICOMPLETED OPERA TlONS
CONTRACTlJAL
INDEPENDENT CONTRACTORS
IlRlWlIUlM PROPERTY DAMAGE
PEIISONAL INJURY
5/1/85
5/1/"
3lC Ill'"
"
AilTOIII08Il.E LIABILITY
ANY AUTO
ALL OWNID AUTOS (PRIV. PASS.)
ALL OWNID AUTOS (OTHER THAN)
PR1V. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE UABlLITY
5/l./PA
, s/1/85
31A1l J'F~
~:CESS UAlIILITY
:a UMBRELLA FORM
OTHER THAN UMBRELLA FORM
,/lft}4
'/l/S,
Dr) 0232 06
P
I
WORKERS' COIIPENSATlON
AND
EMPLOYERS' LIABILITY
utHER
DESCFIIPTION 01= OPERATIONSlLOCATIONSNEHIClESlSPECIAllTEMS
IlYMJ ~ ~ar ~UGll ~ 8......
5/1/814
"
3:tB DB ~
tl.!t:ltI:;([tf'lI...:(eJ.II:I:
2wa ~ I.(..t""'.
.... IIaU
.~A""'l.. __ Yon:
.i'{OI:lil1....__MiI!
I LIABILITY LIMITS IN THOUSANDS
~RE:aATE
I~~~ 1$ 1$
l=rl$- l$_H
FE500} 500
I PERSONAlI~~:} ,.
I~-~- ..'..
~-I$ -
1 PROPERTY I $
1~;:EDl $ 500
81 apo $
COMeINED $ 2,000 2._
I~TATUT?AY
~.
_$
1 . .
(EACH ACCIDENT)
u_ __
(DlSEASE.POlICY LIMIT)
(OISEASE,EACH EMPLOYEE)
.
C6R THIS CERTIFICATE IS ISSUED AS A MATTER Df INFORMATION DNL Y AND CONFERS
- NO RIGHTS UPON THE CERTIFICIl,TE HOLDER. THIS CERTIFICATE DOES NDT AMEND,
EXTEND OR ALTER THE COVElU.OE AFFORDED BY THE POLICIES BELDW.
T. Ostheimer Agency, Inc.
m Place COMPANIES AFFORDING COVERAGE
New York 10580
COMPANY A
lETTER Hartford Accident & Indemnity CO.
COMPANY B
,0 LETTER
and/or Town Board, Town of COMPANY C
.old and/or Holzmacher, McLendon LETTER
rell, P.C. COMPANY D
Hall LETTER
,old, New York COMPANY E
LETTER
AGES
John
16 El
Rye,
INSURE
Town
South
& Mur
Town
Soutr_
erel'l::t:
THill IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED flAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE rSSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ts SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI.
TIOIIS OF SUCH POLICIES.
co\
LTRj
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFfECTIVE
DATE (MMIDONY)
POLICY EXPIRATION
DATE (MMJDOIYV)
LIABILITY LIMITS IN THOUSANDS
OCC~R~NCE AGGREGATE
m:NERAL LIABILITY
COMPREHENSIVE FORM
PREMISESlDPERA TIONS
UNDERGROUND
EXPLOSION & COllAPSE HAZARD
PROOUCTS/COMPLmD OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
BODIL'
INJURY
$3,000 $
$ 2lLO~~, 000__
PROPERTY
DAMAGE
~bt~~EO $
$
AIJTOMOBIIlE LIABILITY
ANY AUTO
ALL OWNED AUTOS (Pfl/V. PASS.)
ALL OWNED AUTOS (OTHER THAN)
PR~. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
$
$
RCESS LIABILITY
UMBRELLA FOIlM
, OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
L~~HER
A~:r~ ::~otective 31 DEN JW6963
DESCFIIPTION OF OPERATIONSlLOCATIONSNEHIClESlSPECIAllTEMS
HVAC work for construction of Scavenger Waste
,
L_
7/13/84 ~85
l~t~~E+". T-
I ST~~TOR_~~ -
.-.. ~~~::s~:: L1Mrn
~~"""(DISEASE:EACHEMPLOYEE)
I *See Above
Treatment Facility, Southold, New York.
Contractor: Valentine Heating & Air Conditioning. Inc.. 500 Route 25A. Miller Plac~. N.Y.1176!
1l:;:l:ltl::::lI-.lIl=-::(eJ.'I:I: eJ.urll:l.IIIf.'''Rel~
Town and/or Town Board, Town of Southold
and/or Holzmacher, McLendon & Murrell,P.C
Town Hall.
Southold, New York
~'{~"'.Io""'.II:J"
NO!r,ssue DATE (MMlDDIVY)
.-r . 7j]f,~
PROD
ohD
'lOa
- -, -
liC-ER THIS CEIlT1fICATE IS ISSUED All A MATTER OF INFOllIIATION ONLY AND CONFERS
, NO RIGHTS UPON THE CERTlF1CATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFOADEIl BY THE POLICIES BELOW.
~. Qat--... ~. Inc.
Plaee COMPANIES AFFORDING COVERAGE
__ YclIrk 10580
COMPANY A
LETTER 'lIartf'or4 &..,eidlmt . T.........tu c:o~
COMPANY B
lED LETTER
aa4/or !'cNa BoarI.. 'lOlID of' COMPANY C
4 .a/or Kol~_. McJM1<<on LETTER
ell, P.C. COMPANY D
JI'a1l LETTER
. Jew Ywk COMPANY E
LETTER
AGES
~.,
INSUR
VWii
~~
IIIIrr
--
~hol4
or'l'J::l
THill IS TO i:' RTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWlTHST DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMelT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED MAY PERTAIN, THE INSURANCE AFI'ORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND COND~
TICINS OF 5I/CH POLICIES.
,c;o~ POUCY EFFECTIVE POlICY EXPIRATION LIABILITY LIMITS IN THOiiuNOS
'" TYPE' OF INSURANCE POLICY NUMBER OATE (MMIDD/YY) DATE (MMIOOIYYl
OCCUBRENCE AGGREGATE
GENERAL LIABILITY
COIotPREHENSIVE FORM
PAEM;;. RATIONS
UMJE ND
EXPLOS & COllAPSE HAZARD
PRllIlUCTSICOMPLmD OPERATIONS
CONTRAlmJAL
INDEPENDENT CONTRACTORS
BIIlAIl F<i!lM PROPERTY DAMAGE
PERSDNAL INJURY
BOO~ '.000 $
INJURY
PROPERTY $ $~.OOO
DAMAGE 500
81 & PO $ $
COMBINED
I PE~SO~lINJURY $
ii~l$
I~-F--
16~~~TYr$ .
81 & PO :\ $--
1 . [::1' [.
ifSTATurof.yn
~ - . (EACH ACC'DENT) .
~ (DISEASE,POLlCY L1MIl)
,... _$.. (DISEASE.EACHEMPlOYEE)
/13/814 1/131851'" AJIgye
',UTOMOBILE LlABlUTY
ANY AUTO
All OWNED AUTOS (PRIV. PASS.)
AlL OWNED AUTOS (OTHER THAN)
PAIV. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GAIlAGE L1ABlLlTY
~:KCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
J
E:. Jl'OteeUn 31 1lII Jlf6963
DESCRIPTION OPERATlONSlLOCATIONSNEHICLESlSPEClAllTEMS
WORKERS' COMPENSATION
AND
EMPLOYERS'LlABlLITY
'YMl wert; f'or _Rrlie1;1on of' 8e&'ftDC'lr Wu1;e '.rra,,..t hcU1V. SolIthol4, .ew York.
I.Y.llY6ll
...... .,q4Jq, ~ )ouA. ~ of' ao.t:bol4
~or JIG:! -'l.q-1'. ~l-.inl . Ma1Tell.P.C
_ lIIW.
~hol4.__ York
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIE EX.
PIRAiQN DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
MAlL~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL _ NO OBLIGATION OR LIABIJTY
OF ANY KIND UPON THE COIIIP~, ~. OR "'-NTATIVES.
AUTHORIZED REPRE ~~.~
~ ~
11i~l!l.J:I..eJ..J.:L:l.J::'.l..IL.]I_I:1!:
~.l:~.....!e.
_._,.:;:.,..~.~~._w_......~_. ..
.
.
VALENTINE HEATING & AIR CONDITIONING, INC.
AIR CONDITIONING . HEATING . VENTILATION
P.O. Box AU. 500 Route 2SA . Miller Place. NY 11764
Phone: 15161 473-2500
TRA]~SMITT Ai
RICIIvED
AUG 2SIlM
Dat,..
August 22, 1984
Town CIIIt SoI~al"
Town of Southo1d
Town Hall
PO Box 728
Southo1d, NY 11971
Re:
Scavenger Waste Treatment Facility
The below listed items are enclosed for your
files.
Quanti,.,. Drawing Nos. Section Description
\ \
1 copy of insurance policy No. 31UEN JW6963
.
Submitted by:
R. Pagani
Valentine Heating &.
Air Cond. Ine.
n1
THI~ SUM~!AR"1' DECiLARATIO.PAGE WITH FORM 41300, COVi.E
PARTS (INCLUDING FOR~S AND rNDORSEMENTS FORMING A PART
THEREOF), AND OTHER FORMS AND ENDORSEMENTS, IF ANY.
155UEO Tn FORM. PART THEREOF, COMPLETES THE BElew NUMBERED
SPECIAL MULTI-FLEX POLICY.
SUMMA" DECLARATIONS
IfEI'
1. NAMED INSURED:
POLICY NO. 31 UEN JW69&3
"It,Il!~'G ADDRCS:>:
TOWN OF SOUTHOLD
SEE. t;-224Jl-)'~
TOliN HALL.
SOUIHOlO'
rH,H15!\O
~. POLICY TERM: 01113/R'
12:Dl A.M., STANDARD TIM[ AT INCEPTION
THE ADDRESS OF THE NAMED INSURED
SH lED HEREIN.
01/lVR'5
f XPI"ATJO',
1
YEAR
PRODUCER'S CODE: AOOQZ7
PROCUCER 's NA~IE:
JOHN T OSTHEIMER IGY IN
PREVIDUS POLICY NO. NEW
IUDIT PERIOD: ANNUAL
3. ~A~ED INSURED IS: GOVERMENT
.. BUSI~[SS Of NAMEJ INSURED: CONSTRUCTION
COlHH[RSIG~EO er
DAH
AUTHORIZED AGEi'iT
FOR" UN-IOO-OT (I) (ED. 11/83) PRINTED IN USA PAGi 1 (CONT. ON ~EKT PASE)
-
--
SU"I"ARY DECLARATIO"S .ONTINUEO)
POllC".. ~l UEN JW6'63
5. SU~MIRY OF COVER.CE PARTS, INSURER AND PREMIUM.
INSURANCE UNDER THIS POLICY IS AFFORDED ONLY AS SPECIfIED IN THE
COVERAGE PARTS LISTED HEREIN SUBJECT TO LI~ITS OF LIA8ILITY OR
A~OUNTS OF INSURIMCE STITED THEREIN AND PROVISIONS A~D STIPULATIONS
APPLICABLE THERETO.
GENERAL LIABILITY PREMIU~:
COV ERAGE PART:
D~NERS' AND CO~TRACTORS' PROTECTIVE LIABILITY
SSO.DO
CDMPANY NAME AND ADDRESS:
HARTFORD ACCIDENT AND INOEMNITY COMPANY
I1ARTFORO PLAZA
HARTFORD, CONNECTICUT J6115
COMPANY CODE: 5
,
f;
-~-----------------------------------------------------------------------------
-------------------------------------------------------------------------------
rcrAL PRfMIU~ PAYABLE AT INCErTION
SlOO.OO ,1P
s. FOR~ NU~BERS OF COVERAGE PARTS AND ENDORSEMENTS APPLICABLE TO THE
[~TIRE POLICY WHICH ARE ~OT LISTED IN THE COVERAGE PARTS:
UN-IO~-O L-3501-0T
G-2240-38 NAME I~SURfl
FORM UN-IDO-OT 'A) (ED. 11/83) PRINTED IN USA
08/D6/84 31U[NJW6'~3 (D7/13/8~)
--
--
.
GENERAl POLICY CONDITIONS
.
.
The following conditions apply to the entire policy.
Additional conditions or modifications ot the fOllowin,)
condition~; may appear in ':he specific covE~rage parts
forminD a part of thp policy or In endorsements mod-
ifying 2 specific covprage part.
Pmmium --.. All premiums for this policy shall be
~omputed in accordance with the Company'" rules.
rates. rating olans. prE~miums and minimum prE!-
mlU11S applicable to the Insurance afforded herein.
2. POllicy Term and Time of lnception- The poliCY
term under this policy tleglns and ends 12:01 a.m.
standard time at the adlJress of the named I1sured
listed first In Item Number 1 of the Summary Dec~
laratlons Page unless specified otherwise in the
conditions of the coverage parts.
To the extent that coverage In this policy replaces
coverage In other poliCies ending noon standard
time on the Inception date of the POliCY, coverage
under this policy shall not become effective until
SUCll other coverage hCls ended.
3. Assignment- ASSignment of Interest under this
policy shall not bind the Company until ItS consent
IS endorsed hereon. However, If the named in-
sured shall die. this insurance shall apply:
d to tile named Insured's legal representative, as
the named insured, but only while acting within
the scope of his duties as such: or
b. to tile person haVing temporary custody of the
proDerty of the nam'ld insured but only until the
appointment and qLlaliflcatlon of the legal rep,
resf=!nta.tive.
4. Insurance Under More Than One Coverage Part
or Endorsement .- In tile event that more than one
cO'l'ora~Je part Of endorsement of this pOlicy in,
sums ~~he same loss, ciamage or claim, the Com-
panv shall not be liable for more than the actual
!O% or damaqe sustained by the insured.
.5. Waiver or Change of Provisions ~- Notrce to any
agpncy or knowledge possessed I)y any Wlent or
llY any other person srall not effect a waiver or a
changp in any part of this policy. nor shall the terms
of ::llIs policy be waived or changed. loxcept by en,
dor~;8rnent issued to fOI'm a part of this poliCY.
.
Form lIN-102~O (Ed. 11/113) Printed In USA (NS)
.
niE HARTFORD~:'C1
6. Cancellation .- This policy or any coverage part
may be cancel eel by tle named in"wec by rnailinq
to tile Company notice of the datI) cancellation IS
to take effect.
The Con pan)' may cane,?1 this poliCY or any
coverage part by mail!ng to the named insured at
the address shown 111 the Summary Declarcltions.
wntten notice which will state the effective date of
cancellation which ends the policy or coverage part.
If the Compan\l cancels the policy lor non-payment
of premium. It will give tre named Insured at least
ten (10) days rotice.
If the Company cancels, earned vemlum shall bp
compute(j pro. rata. II' the named insured cancels,
the earned pmmium 13hall be the pro-rata earned
premium plus 10% ot the pro-rata unearnelj pre,
mium. Premium adjus~ment may b'3 made E~ither at
the time cancellation IS effected or as soon as
praeticab,e after cancellation becomes e'fective. but
payment or telder 01 unearned p"emium IS not a
condition of cancellation.
If Boiler and Machinery Insurance Coveragle Part
forming a par: of th's poliCY IS cancelled IlY th,?
named rl1surec singularly or in con unction With the
cancellation of other coveraqe part3, the BOIIi?r and
Machinery insurance earne(j premium shall be th,?
pro rata earne,j premium plus 250, of the pro rata
unearned premium.
Delivery of such written notice eith,er by the named
Insured or the Company shall be equ(vall)nt to
mailinq.
7 Declarations,- By acceptance 0 this POliCY. th'l
Insured agrees that tl18 statement!; 111 the [leelara..
tlons are IllS a,reemerts and representations of the
Insured, that this poliCY is Issued n rel,ance upon
the truth of such rep"2sentatlons, and that this pol-
'cy embodies all aweements existinq between
himself and th 2 Company or any I)f Its ag"nts re,
latlng to this InsurancE'.
I'age 1 otl
GENERAL LIABILITY INSURANCE
POLICY PROVISIONS ENDORSEMENT
This General Liability Provi3ions Endorsement shall
apply only with respect to such Insurance as IS
afforded by coverage parto to which it IS attached,
forming a part of this poll:Y.
Hereafter. the use of the word 'pollcy" In any
coverage part of which this endorsement forms a
part (or any other form or endorsement forming a
part of, changing or app!lcable to the coverage
part) shall be deemed to mean that coverage part
only. The word ' policy shall not include other
coverage parts of which this endorsement forms a
part.
COVERAGE
Insurance afforded by the Coverage Parts, subject
to such limits of liability as are stated therein and
subj8ct to all the terms of the policy having
reference thereto.
SUPPLEMENTARY PAYMENTS
The Company Will pay, In addition to the applicable
limit of Imbility:
A. All expenses incurred by the Company, all costs
taxed against the Insur,ed in any suit defended
by the Company, and all interest on the entire
amount of any Judgment therein which accrues
after entry of the Judgment and before the
Company has paid or !>'lndered or deposited In
court that part of the jLdgment which does not
exceed the limit of the Company's liability
thereon:
B. Premiums on appeal bonds required in any
such suit, premiums on bonds to release attach-
ments in any such suit for an amount not in
excess of the applicable limit of liability of this
policy, and the cost of ball bonds reqUired on
the Insured because of accident or traffic law
violation arising out of the use of any vehicle to
which this policy applies, not to exceed $250
per ball bond, but the Company shall have no
obligation to apply for or furnish any such
bonds:
C. Expenses incurred by the Insured for first aid to
others at the time of an accident, for bodily
injury to which this policy applies;
D. Reasonable expenses incurred by the Insured
at the Company's request in assisting the Com-
Form UN-116-Q (Ed. 11/8<1) Printed in U.S.A. (NS)
THE HARTFORD .~
pany in the investigation or defense of any
claim or suit, including actual loss of earnings
not to exceed $100 per day.
DEFINITIONS
When used in the Coverage Parts (Including en-
dorsements forming a part hereof):
A. Automobile means a land motor vehicle, trailer
or semi-trailer deSigned for travel on public
roads (Including any machinery or apparatus
attached thereto), but does not include Mobile
Equipment.
B. Bodily Injury means Bodily Injury, sickness or
disease sustained by any person which occurs
during the policy period. including death at any
time resulting therefrom.
C. Collapse Hazard includes "structural property
damage" as defined herein and Property
Damage to any other property at any time
resulting therefrom. "Structural property
damage" means the collapse of or structural
injury to any building or structure due to:
1. grading of land, excavating, borrowing. fill-
ing, back-filling, tunnelling, pile driving. cof-
ferdam work or caisson work; or
2. moving, shoring, underpinning, raising or
demolition of any building or structure or
removal or rebUilding of any structural sup-
port thereof.
The Collapse Hazard does not include Property
Damage:
1. arising out of operations performed for the
Named Insured by independent contractors;
2. included within the Completed Operations
Hazard or the Underground Property
Damage Hazard; or
3. for which liability is assumed by the Insured
under an Incidental Contract.
D. Completed Operations Hazard includes Bodily
Injury and Property Damage arising out of
operations or reliance upon a representation or
warranty made at any time with respect thereto,
but only if the Bodily Injury or Property
Damage occurs after such operations have
Page 1 of 6
been completed or abandoned and occurs away
from premises owned by or rented to the
Named Insured. "Operations" Include mate,
rials, parts or equipment furnished In connec,
tion therewith. Operations shall be deemed
completed at the earliest of the following times:
1. when all operations to be performed by or
on behalf of the Named Insured under the
contract have been completed;
2. when all operations to be performed by or
on behalf of the Named Insured at the site
of the operations have been completed; or
3. when the portion of the work out of which
the injury or damage arises has been put to
its Intended use by any person or organiza,
tion other than another contractor or sub-
contractor engaged in performing operations
for a principal as a part of the same proJect.
Operations which may require further service or
maintenance work, or correction, repair or re-
placement because of any defect or deficiency,
but which are otherwise complete. shall be
deemed completed.
The Completed Operations Hazard does not
include Bodily Injury or Property Damage aris-
ing out of:
1. operations in connection with the transporta-
tion of property, unless the Bodily Injury or
Property Damage arises out of a condition
in or on a vehicle created by the loading or
unloading thereof;
2. the eXistence of tools, uninstalled equipment
or abandoned or unused materials: or
3. operations for which the classification stated
in the policy or in the Company's manual
specifies "including completed operations."
E. Elevator means any hoisting or lowering device
to connect floors or landings, whether or not in
service, and all appliances thereof including any
car, platform, shaft, hoistway, stairway, runway,
power equipment and machinery; but does not
include an Automobile servicing hoist, or a
hoist without a platform outside a building If
without mechanical power or if not attached to
building walls, or a hod or material hoist used In
alteration, construction or demolition operations,
or an inclined conveyor used exclusively for
carrying property or a dumbwaiter used ex-
clusively for carrying property and having a
Form UN-116-Q (Ed. 11/83) Printed in U.S.A. (NS)
compartment height not exceeding lour leet
F Explosion Hazard Includes Property Damage
arising out of blasting or explosion The Explo-
sion Hazard does not Include Property
Damage:
arising out of the explosion of air or steam
vessels. piping under pressure. prime
movers, machinery or power transmitting
equipment.
2. arising out of operations performed lor the
Named Insured by Independent contractors;
3. included within the Completed Operations
Hazard or the Underground Property
Damage Hazard; or
4. for which liability IS assumed by the Insured
under an Incidental Contract.
G. Incidental Contract means any written:
1. lease of premises;
2. easement agreement. except in connection
with construction or demolition operations
on or adjacent to a railroad;
3. undertaking to Indemnify a municipality re-
quired by municipal ordinance, except in
connection with work for the municipality;
4. sidetrack agreement; or
5. Elevator maintenance agreement.
H. Insured means any person or organization
qualifying as an Insured in the "Persons In,
sured' provIsion of the applicable insurance
coverage. The Insurance afforded applies sepa'
rately to each Insured against whom claim is
made or suit is brought, except With respect to
the limits of the Company's liability.
I. Loading or Unloading, With respect to an Auto-
mobile, means the handling of property after it
is moved from the place where it is accepted
for movement into or onto an Automobile or
while it is in or on an Automobile or while It is
being moved from an Automobile to the place
where it is finally delivered, but Loading or
Unloading does not include the movement of
property by means of a mechanical deVice
(other than a hand truck) not attached to the
Automobile.
J. Mobile Equipment means a land vehicle (lnclud,
ing any machinery or apparatus attached
Page 2 of 6
thereto), whether or not self'propelled:
1. not subject to motor vehicle registration:
2. maintained for use exclusively on premises
owned by or rented to the Named Insured,
including the ways immediately adjoining:
3. designed for use principally off public roads;
or
4. designed or maintained for the sole purpose
of affording mobility to equipment of the
following types forming an integral part of or
permanently attached to such vehicle: power
cranes. shovels, loaders. diggers and drills:
concrete mixers (other than the mix,in-transit
type): graders, scrapers. rollers and other
road construction or repair equipment: a,r-
compressors, pumps and generators, includ-
ing spraying, welding and building cleaning
equipment: and geophysical exploration and
well servicing equipment.
K. Named Insured means the person or organiza-
tion named in Item 1 of the declarations of this
policy.
L. Named Insured's Products means goods or
products manufactured, sold, handled or dis-
tributed by the Named Insured or by others
trading under his name, Including any container
thereof (other than a vehicle), but "Named
Insured's Products" shall not include a vending
machine or any property other than such con-
tainer. rented to or located for use of others but
not sold.
M. Occurrence means an aCCident, including con,
tinuous or repeated exposure to conditions,
which results in Bodily Injury or Property
Damage neither expected nor intended from the
standpoint of the Insured.
N. Policy Territory means:
1. The United States of America, its territones
or possessions, or Canada;
2. international waters or air space, proVided
the Bodily Injury or Property Damage does
not occur in the course of travel or transpor-
tation to or from any other country. state or
nation; or
3. anywhere in the world With respect to
damages because of Bodily Injury or Prop-
erty Damage arising out of a product which
was sold for use or consumption Within tee
Form UN-116-0 (Ed. 11/83) Pnnted in U.SA iNS)
----"-"._.._--~.-
territory described in paragraph 1. above,
provided the original SUit for such damages
is brought within such territory.
O. Products Hazard includes Bodily Injury and
Property Damage arising out of the Named
Insured's Products or reliance upon a repre-
sentation or warranty made at any time with
respect thereto, but only if the Bodily Injury or
Property Damage occurs away from premises
owned by or rented to the Named Insured and
after physical possession of such products has
been relinqUished to others.
P. Property Damage means:
1. physical Injury to or destruction of tangible
property which occurs during the policy pe-
riod. including the loss of use thereof at any
time resulting therefrom; or
2. loss of use of tangible property which has
not been physically injured or destroyed
provided such loss of use is caused by an
Occurrence during the policy period.
Q. Underground Property Damage Hazard in-
cludes underground Property Damage as de-
fined herein and Property Damage to any other
property at any time resulting therefrom. Under-
ground Property Damage means Property
Damage to wires, conduits, pipes, mains.
sewers. tanks, tunnels, any similar property, and
any apparatus in connection therewith, beneath
the surface of the ground or water, caused by
and occurring during the use of mechanical
equipment for the purpose of grading land,
paving, excavating, drilling, borrowing. filling.
back-filling or pile driving. The Underground
Property Damage Hazard does not include
Property Damage:
1. arising out of operations performed for the
Named Insured by independent contractors:
2. included within the Completed Operations
Hazard; or
3. for which liability IS assumed by the Insured
under an Incidental Contract.
CONDITIONS
A. Inspection and Audit. The Company shall be
permitted but not obligated to inspect the
named Insured's property and operations at any
time. Neither the Company's right to make
Inspections nor the making thereof nor any
report thereon shall constitute an undertaking.
Page 3 of 6
I
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on behalf of or for the benefit of the named
Insured or others, to determine or warrant that
such property or operations are safe or health,
ful, or are in compliance with any law, rule or
regulation.
B. Financial Responsibility Laws. When this pol-
icy is certified as proof of financial responsibility
for the future under the provisions of any motor
vehicle financial responsibility law, such insur,
ance as is afforded by this policy for Bodily
Injury liability or for Property Damage iiability
shall comply with the provisions of such law to
the extent of the coverage and limits of liability
required by such law. The Insured agrees to
reimburse the Company for any payment made
by the Company which it would not have been
obligated to make under the terms of this policy
except for the agreement contained in this
paragraph.
C. Insured's Duties in the Event of Occurrence,
Claim or Suit:
1. In the event of an occurrence, written notice
containing particulars sufficient to identify
the Insured and also reasonably obtainable
information with respect to the time, place
and circumstances thereof. and the names
and addresses of the injured and of available
witnesses, shall be given by or for the
Insured to the Company or any of its autho-
rized agents as soon as practicable.
2. If claim is made or suit is brought against
the Insured, the Insured shall immediately
forward to the Company every demand,
notice, summons or other process received
by him or his representative.
3. The Insured shall cooperate with the Com-
pany and, upon the Companys request.
assist in making settlements. in the conduct
of suits and in enforcing any right of contri-
bution or indemnity against any person or
organization who may be liable to the In-
sured because of Injury or damage with
respect to which insurance IS afforded under
this policy, and the Insured shall attend
hearings and trials and assist in securing
and giving evidence and obtaining the atten'
dance of witnesses. The Insured shall not.
except at his own cost. voluntarily make any
payment, assume any obligation or Incur any
expense other than for first aid to others at
the time of accident.
D. Action Against Company. No action shall lie
against the Company unless, as a condition
precedent thereto, there shall have been full
compliance with all of the terms of this policy,
nor until the amount of the Insured's obligation
to pay shall have been finally determined either
by Judgment against the Insured after actual
trial or by written agreement of the Insured, the
claimant and the Company.
Any person or organization or the legal repre-
sentative thereof who has secured such judg-
ment or written agreement shall thereafter be
entitled to recover under this policy to the
extent of the Insurance afforded by this policy.
No person or organization shall have any right
under this policy to join the Company as a party
to any action against the Insured to determine
the Insured's liability, nor shall the Company be
impleaded by the Insured or his legal represen-
tative. Bankruptcy or insolvency of the Insured
or of the Insured's estate shall not relieve the
Company of any of its obligations hereunder.
E. Other Insurance, The Insurance afforded by
this poliCY is primary Insurance, except when
stated to apply in excess of or contingent upon
the absence of other insurance. When this
insurance is primary and the Insured has other
insurance which is stated to be applicable to the
loss on an excess or contingent basis, the
amount of the Company's liability under this
policy shall not be reduced by the eXistence of
such other Insurance.
J
When both this Insurance and other Insurance
apply to the loss on the same basis, whether
primary. excess or contingent. the Company
shall not be liable under this policy for a greater
proportion of the loss than that stated in the
applicable contribution proviSion below:
1. Contribution by Equal Shares. If all of such
other valid and collectible Insurance provides
for contribution by equal shares, the Com,
pany shall not be liable for a greater propor-
tion of such loss than would be payable If
each insurer contributes an equal share until
the share of each Insurer equals the lowest
applicable limit of liability under anyone
policy or the full amount of the loss is paid.
and with respect to any amount of loss, not
so paid the remaining Insurers then continue
to contribute equal shares of the remaining
amount of the loss until each such Insurer
I
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Form UN-116-Q (Ed. 11/83) Printed in U.S.A. (NS)
Page 4 of 6
has paid Its limit In full or the full amount of
the loss is paid.
2. Contribution by Limits. If any of such other
insurance does not provide for contnbutlon
by equal shares. the Company shall not be
liable for a greater proportion of such loss
than the applicable limit of liability under thiS
poliCY for such loss bears to the total ap,
pllcable limit of liability of all valid and
collectible insurance agamst such loss.
F. Subrogation. In the event of any payment un-
der this policy, the Company shall be subro-
gated to all the Insured's right of recovery
therefor against any person or organization and
the Insured shall execute and deliver instru,
ments and papers and do whatever else is
necessary to secure such rights. The Insured
shall do nothing after loss to prejudice such
rights.
G. Three Year Policy. If this policy is issued for a
penod of three years any limit of the Companys
liability stated in thiS poliCY as ""aggregate' shall
apply separately to each consecutive annual
penod thereof.
NUCLEAR ENERGY LIABILITY EXCLUSION
This policy does not apply:
A. Under any Liability Coverage. to injury. sick,
ness, disease, death or destruction
1. with respect to which an Insured under the
poliCY is also an Insured under a nuclear
energy liability policy issued by Nuclear En-
ergy liability Insurance Association, Mutual
Atomic Energy Liability Underwnters or Nu-
clear Insurance Association of Canada, or
would be an Insured under any such policy
but for its termination upon exhaustion of Its
limit of liability: or
2. resulting from the hazardous properties of
nuclear matenal and with respect to which
(1) any person or organization IS required to
maintain financial protection pursuant to the
Atomic Energy Act of 1954, or any law
amendatory thereof. or (2) the Insured IS. or
had this poliCY not been Issued would be,
entitled to mdemnity from the United States
of America, or any agency thereof. under
any agreement entered mto by the United
States of Amenca, or any agency thereof.
with any person or organization.
Form UN-116-Q (Ed. 1~ 183) Pnnted In U.SA (NS)
B. Under any i\,~ed!ca! P8vn1ents Coverage or ~r'~
der any Supp!eme'lt2ry DS'jments prOVIsion re-
lating to immediate med'cai ;Jr surgical relief. to
expense,:: :;'CLJ~"SC~ 'I.:;t,.....~e'.;Dect to Bodily Injury,
sickness disease 0' death resulting from the
Hazardous Praperties cf Nuclear Material and
arising cut .of the o::er2tion of a Nuclear Facil.
ity bv 2ny person 01' organization
C. Under ary LI3bllity Cave,ed. to irjury. sickness.
disease. cjeath cr oestr:Jctlon resulting from the
Hazardous Pcoperties 2' Nuclear Material. If
1. the Nuclear Material (1) IS at any Nuclear
Facility owoec by. 0' operated by or on
behalf of. an Insured or (2) has been dis-
charged or c'isoer-sed ther,:?from:
2. the Nuclear Materja! !s contained in Spent
Fuel or Waste at any time possessed. han,
died, used, processed stored, transported
or disposed Of by or on behalf of an In-
sured; or
3. the injun/. sickness disease. death or de-
struction arises out of the furnishing by an
Insured of ssr'/i:::es. matenals. parts or
equipment in connection v'Iith the planning.
construction. maintenance. operation or use
of any Nuclear Facility, jut If such facility is
located INith:n t:'8 United States of America.
its territories ,ry possessions or Canada. this
exclUSion (e) aDDil8s oniy to Injury to or
destruction of Droperty at such Nuclear Fa-
cility.
D. As used in thiS exclusion:
1. Hazardous Properties include radioactive.
toxic or explosive properties:
2. Nuclear Material means Source Material,
Special Nuclear Material or By-Product Ma-
terial:
3 Source Material, Special Nuclear Material
and By-Product Material have the meanings
given them ,n the Atomic Energy Act of 1954
or In any lav,' amendatory thereof:
4. Spent Fuel means any fuel element or fuel
component. Solid 0:- liquid, which has been
used or exposed to 'adlailon :n a Nuclear
Reactor:
5. Waste means any waste matenal:
(a) contaming By-Product Material other
than the tailings 0:- Wastes produced by
Page 5 of 6
the extraction or concentration of uranium
or thorium from any ore processed pn-
manly for Its Source Material content.
and
(b) resulting from the operation by any per-
son or organization of any Nuclear Facil-
ity included under the first two
paragraphs of the definition of Nuclear
Facility.
6. Nuclear Facility means:
(a) any nuclear reactor.
(b) any equipment or device designed or
used for (1) separating the isotopes of
uranium or plutonium, (2) processing or
utilizing Spent Fuel, or (3) handling, pro-
cessing or packaging Waste,
(c) any equipment or device used for the
processing. fabrication or alloying of Spe-
cial Nuclear Material if at any time the
total amount of such material in the
Form UN-116-0 (Ed. 11/83) Printed in U.S.A. (NS)
custody of the Insured at the premises
where such equipment or device is lo-
cated consists of or contains more than
25 grams of plutonium or uranium 233 or
any combination thereof. or more than
250 grams of uranium 235,
(d) any structure. basin. excavation. prem-
ises or place prepared or used for the
storage or disposal of Waste, and in-
cludes the site on which any of the
foregoing is located, all operations con-
ducted on such site and all premises
used for such operations;
7. Nuclear Reactor means any apparatus de-
signed or used to sustain nuclear fission in a
self-supporting chain reaction or to contain a
critical mass of fissionable material;
With respect to injury to or destruction of
property, the word Injury or Destruction
includes all forms of radioactive contamina-
tion of property.
Page 6 of 6
.
-'--~-"----"-"---,---,.
.
POLIti NO.
31 UEN Ji/6963
NUlE I NSIJRED
THIS ENDORSEMENT FORMS A PART OF POLICY NO. 31 urN JW6963 ISSUED BY THE
HARTFORD INSURANCE GROUP CO~PANY DESIGNATED THEREIN, AND TAKES EFFECT AS OF
THE EFFECTIVE DATE OF SAID POLICY UNLESS ANOTHER EFFECTIVE DATE IS STATED
HERrIN.
TOWN AND/OR TOWN BOARD, TOWN OF SOUTHOLD AND/OR HOLIHACHER MCLENDON
AND MURRELL, P.C.
,':
FOFill (;-22\0-38T
SEG NO 01 PRINTED IN U.S.A. PAlE 1.1
08/06/84 31 urN JW6963 (07/13/85)
....','...
i'i,';;:' ':-ALi...
-.
EXHNSION SCtiEOUl.E FOR C.ALTY INSURANCE POLICY Oft" POLICY -- SECTION 11
THIS SCHE~ULE FOR~S A PART OF POLICY NO. 31 UEN JW6963 , AND IS AN
EXTENSION OF THE SCHEDULE COVERAGE PARTCS) FORMING A PART THEREOF,
ISSUED TO:TOWN OF soUTHOLD
8Y THE HARTFORD INSURANCE GROUP COMPANY DESIGNATED THEREIN, AND TAKES
EFFEcr AS OF THE EFFECTIVE DATE OF SAID. POLICY UNLESS ANOTHER EFFECTIVE
DATE IS STATED HEREIN
RATING CLASSIFICATIONS
ENTRIES HEREIN, EKCEPT AS SPECIFICALLY PROVIDED ELSEWHERE IN THIS POLICY,
00 NOT "ODIFY ANY OF THE OTHER PROVISIONS ON THIS POLICY
DESCRIPTION OF HAZARDS:
OWNERS OR CONTRACTORS PROTECTIVE COVERAGE
REI.ER TO:
-OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY
INSURANCE COVERAGE PART- CFORM L-3501)
CLASSIFICATION CODE NUMBER
AND DESCRIPTION: 16291
CI)NSTRUCTION OPERATlONS-CONTR ACTOR
BI)i\RO SHIPS
:lTAH: NEW YORK
(NOT RAILROAOS)-EXCLUl?"I~,~ OPERATIONS ON
PREMIUM AND RATING 8A5IS:
TOl/lL COST
PER 100
ElCIPOSURE:
l'h'565
IU n:s:
BI
.146
PD
.033
ADVANCE PREMIUM:
BI
;H,.OO MP
I'D
44.00 I'!P
-.-----------
---------...------
TOTAL ADVANCE PREMIUM:
HI
36.00
PO
44.00
FOR!'! L-3125-2T
PRINTED IN U.S.A. (NS)
08/06/84 31 UrN Jw6963 (01113/85)
PAGE.
1
-
--
~ :;
-
... ~ ~
-
-
. .
OWNERS' AND CONTRACTORS' PROTECTIVE LIA8ILITY INSURANCE COVERAGE PART
COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
THIS COVERAGE PART FORMS A PART OF POLiCY Nd. 31 UEN JW6'G3 ISSUED PY THE
HARTFORD INSURANCE GROUP COMPANY DESIGNATED THEREIN, AND TAKES EFFECT AS OF
THE E'FECTIVE DATE OF SAID POLICY UNLESS OTHERWISE STATED HEREIN.
THE COMPANY, IN CONSIDERATION OF THE PAYMENT OF THE PREMIU" AND SUBJECT TO
ALL OF THE PROVISIONS OF THE POLICY NOT EXPRESSLY :"001 1"1 EO HEREIN, AGREES
wITH THE NA~ED INSURED AS FOLLOWS:
SCHEDULE
THE I~SURANCE AFFORDED IS ONLY WITH RESPECT TO SUCH OF THE FOLLOWING
COYERAGES AS ARE INDICATED BY SPECIFIC PREMIUM CHA~&E OR CHARGES. THE LI"IT
OF THE COMPANY'S LIABILITY AGAINST EACH IUCH COVERAGE SHALL BE AS STATED
HEREI~, SUBJECT TO ALL THE TERMS OF THIS POLICY HAVING REFER~NCE THERETO.
COVERAGES
ADI/ANCE PREMIUM
LIMITS OF LIABILITY
,i
$ 3,000,000 ElCH OCCURRENCE
A-BODILY INJURY LIABILITY
$ 36.00
~
a-PROPERTY DAMAGE LIABILITY'
114.00
$ 500,000 EACH OCCURRENCE
$ 1,000,000 AGGREGATE
TO'TAL ADVANCE PREMIUMS
$
80.00
RATING CLASSIFICATIONS:
REFE~ TO EXTENSION SCHEOULE L-3125
FORM NUMBERS OF ENOORSEMENTS FORMING PART OF THIS COVERAGE PART AT ISSUE:
UN-116-0 L-3125-2 L-4331-0 L-1I881-0
.
DE:>I&NATION OF CONTRACTOR
VALENTINE HEATING AND AIR CONDITIONING INC.
'UlLING ADDRESS
50ll ROUTE 2SA
MIl.LER PLACE
1\IY 11164
LOCATION OF COVERED OPERATIONS
'\lEI/ YORK
THE CONDITIONS AND PROVISIONS PRINTED ON PAGE OCP-2 OF THIS FORM ARE
HEREBY REFERRED TO AND MADE A PART HEREOF.
FOIlM L-3501-11T
PRINTED IN U.S.A. (ISO: GL00090L13) OCP-l.O
08/06/8_ 31 UEN JW6963 (01/13/85)
V,,::;); ;i(;'f)
.
,~
Owners' and Contractors' Protective
Lillbility Insurance
CClverage Part (continued)
CO'VERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR
I. COVERAGE A - BODILY INJURY LIABILITY
COVERAGE B - PROPERTY DAMAGE LIABILITY
ThEf company will pay on behalf of the insured all sums which the
insured shall become legally obligated to pay as damages because of
Coverage A bodily inJury or
Coverage B. property damage
to which this insurance applies, caused by an occurrence and arising
out of (1) operations performed for the named insured by the contractor
designated in the schedule at the location designated therein or (2) acts
or omissions of the named insured in connection with his general super-
vision of such operations, and the company shall have the right and
duty to dehmd any suit against the insured seeking damages on
account of such bodily injury or property damage, even if any of the
allegations of the suit are groundless, false or fraudulent, and may make
such investigation and settlement of any claim or suit as it deems expe~
dient, but thl~ company shall not be obligated to pay any. claim or judg-
ment or to defend any suit after thEl applicable limit of the company's
liability has beer; exhausted by payment of judgments or settlements.
Exdusions
This insurance does not apply:
(a) to liability assumed by the insured under any contract or agree-
ment except an incidental contract; but this exclusion does not
apply 10 a warranty that work performed by the designated contrac-
tor will be done in a workmanlike manner;
(b) to bodily iniury or property damage occurring after
(1) all work on the project (other than service, maintenance or
repairs) to be performed by or on behalf of the named insured
at the site of the covered operations has been completed,
or
(2) that portion of the designated contractor's work out of which
thH injury or damage arises has been put to its intended use
by any person or organization other than another contractor or
subcontractor engaged in performing operations for a principal
as a part of the same project;
(c) to bOdily injury or property damage arising out of any act or omis~
sian of the, named insured or any of his employees, other than
general supefVision of work peliormed for the named insured by
the designated contractor;
(d) to any obligation for which the insured or any carrier as his insurer
may be held liable under any workmen's compensation, unemploy-
ment compensation or disability benefits law, or under any similar
law;
(e) to bodily injury to any employee of the insured arising out of and in
the course of his employment by the insured or to any obligation of
the insured to indemnify anothEir because of damages arising out
of such injury; but this exclusion does not apply to liability assumed
by the insured under an incidental contract;
(f) to property damage to
(1) prope/ty owned or occupied by or rented to the insured,
(2) propeity used by the insumd,
(3) propelty in the care, custody or control of the insured or as to
which the insured is for any purpose exercising physical con-
trol, 01'
(4) work performed for the insured by the designated contractor;
(g) to bodily iniury or property damage due to war, whether or not
declared, civil war, insurrection, rebellion or revolution or to any act
or condition incident to any of the foregoing, with respect to (1)
liability assumed by the insured under an incidental contract, or
(2) expenses for first aid under the Supplementary Payments provi-
sion of the policy;
(h) to bodi.fy injury or property damage arising out of (1) the owner~
Ship, maintenance, operation, use, loading or unloading of any
mobile equipment while being used in any prearranged or organ-
ized racing, speed or demolition contest or in any stunting activity
or in practice or preparation for any contest or activity or (2) the
operation or use of any snowmobile or trailer designed for use
therewith;
Form L.3501..1T Printed in U.S.A (ISO: GLOOO90173)
.
THE HARTFORD
Ii)
tobodify injury or property damage arising out of the discharge,
dispersal, release or escape of smoke, vapors, soot, fumes, acids,
alkalis, toxic chemicals, liquids or gases, waste materials or other
irritants, contaminants or pollutants into or upon land, the
atmosphere or any water course or body of water; but this exclu~
sian does not apply if such discharge, dispersal, release or escape
is sudden and accidental;
.to loss af use of tangible property which has not been physically
mjured or destroyed resulting from
(1) a delay in or lack of performance by or on behalf of the
named ins'.lred of any contract or agreement, or
(2) the failure of the named insured's products or work performed
by or on behalf of the named insured to meet the level of
performance, quality, fitness or durability warranted or repre-
sented by the named insured;
but this exclusion does not apply to loss of use of other tangible
property resulting from the sudden and accidentaf physical injury to
or destruction of the named insured's products or work performed
by or on behalf of the named insured after such products or work
have been put to use by any person or organization other than an
insured.
U)
II. PERSONS INSURED
Each of the followinCl is an insured under this insurance to the extent set
forth below: -
(a) jf the named insured is designated in the declarations as an indi-
vidual, the person so designated and his spouse;
(b) if the named insured is designated in the declarations as a part-
nership or joint venture, the partnership or joint venture so desig-
nated and any partner or member thereof but only with respect to
his liability as such;
(c) if the named insured is designated in the declarations as other
than an individual, partnership or joint venture, the organization so
designated and any executive officer, director or stockholder
thereof while acting within the scope of his duties as such; and
(d) any person (other than an employee of the named insured) or
organization while acting as real estate manager for the named
insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insureds under this policy, (2) persons
or organizations who sustain bodily injury or property damage, or (3)
claims made or suits brought on account of bodily injury or property
damage, the company's liability is limited as follows:
Coverage A - The total liability of the company for all damages,
including damages for care and loss of services, because of bodily
injury sustained by one or more persons as the result of anyone
occurrence shall not exceed the limit of bodily injury liability stated in
the schedule as applicable to "each occurrence".
Coverage B - The total liability of the company for all damages
because of all property damage sustained by one or more persons or
organizations as the result of anyone occurrence shall not exceed the
limit of property damage liability stated in the schedule as appficable to
"each occurrence".
Subject to the above provision respecting "each occurrence", the total
liability of the company for all damages because of all property damage
to which this coverage applies shaH not exceed the limit of property
damage liability stated in the schedule as "aggregate". If more than one
project is designateel in the schedule, such aggregate limit shall apply
separately with resp'3ct to each project.
Coverages A and EI - For the purpose of determining the limit of the
company's liability, 2.t1 bodily injury and property damage arising out of
continuous or repeated exposure to substantially the same general con-
ditions shall be considered as arising out of one occurrence.
IV. ADDITIONAL IlEFINITION
When used in reference to this insurance (including endorsements form-
ing a part of the policy):
"work" includes materials, parts and equipment furnished in connection
therewith.
V. POLICY TERRITORY
This policy applies only to bodily iniury or property damage which
occurs within the pclicy territory.
OCP-2
Amendatory Endorsement
Owners and Contractors
Protective Liability
.
=~
.
THE HARTFORD
Policy Number I I
This endorsement forms a part of the policy as numbered above, Issued
by THE HAFITFORD INSURANCE GROUP company designated therem,
and takes effect as of the effective date of said policy unless another
effective date IS stated herem
Named Insured and Address
EffElctive Date
Effective hour is the same as stated
in the Declarations of the policy.
En(:~o ~r
ThiS endorsement modifies such insurance as is afforded by the provisions of the pohcy relating to the 'ollowin9:
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY INSURANCE
Exclusion (h"1 is amended as follows:
(h) to bodily injury or property damages arising out of the ownership, maintenance, operation, use, loading or unloading of any mobile
equipment while being used in any prearranged or organized racing, speed or demolition contest or in any stuntinq activity or in practice or
pre'paration for any such contest or activity:
Nothing here!in contained shall be heild to vary, waive, alter, or extend any of the terms, condition:5, agreements or declarations of the policy, other
than as heredn stated.
This endorsement shall not be bindin!~ unless countersigned by a duly authorized agent of the company: provided that jf this endorsement takes effect
as of the effective date of the policy and, at issue of said policy, forms a part thereof, countersignature on the declarations page of said policy by a
duly authorized agent of the company shall constitute valid countersignature of this endorsement.
Countersigned by..
Authorized Agent
Forllll L-4331-1) Printed in U,S.A (ISO GL 00 25 03 81)
-
.
EMPLOYERS LIABILITY EXCLUSIO~ -
.
AMENDATORY ENDORSEMENT
THIS ENDDRSEMENT MODIFIES SUCH INSURANCE AS IS AFFORDED BY THE PROVISIONS OF
THE POLICY RELATING TO THE FOLLOWING:
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE
AMENDATORY ENDORSEMENT
IT IS AGREEO THAT THE EXCLUSION RELATING TO BODILY IN~URY TO ANY EMPLOYEE OF
THE INSURED IS DELETED AND REPLACED BY THE FOLLOWING:
THIS INSURANCE DOES NOT APPLY:
(I) TO BODILY INJURY To ANY EMPLOYEE OF THE INSURED ARISING OUT OF AND
IN THE COURSE OF I-US EMPLOYMENT BY THE IN:SURED FOR WHICH THE
INSURED MAY BE HELD LIABLE AS AN EMPLOYER OR IN ANY OTHER CAPACITY'
(II) TO ANY OBLIGATION OF THE INSURED TO INDEMNIFY OR CONTRIBUTE WITH
ANOTHER BECAUSE OF DAMAGES ARISING OUT OF THE OODILY INJURY' OR
(III) TO BODILY INJURY SUSTAINED BY THE SPOUSE, CHILD. PAREHT. BROTHER,
OR SISTER OF AN EMPLOYEE OF THE INSURED AS A CONSEQUENCE OF BODILY
INJURY TO SUCH EMPLOYEE ARISING OUT OF ANI) IN THE COURSE OF HIS
EMPLOY~ENT BY THE INSURED'
THIS EXCLUSION APPLIES TO ALL CLAIMS AND SUITS BY ANY PERSON OR
ORGANIZATION FOR DAMAGES BECAUSE OF SUCH BOOIL" INJURY INCLUDING DAMAGES
FOR CARE AND LOSS OF SERVICES.
THIS EXCLUSION ODES NOT APPLY TO LIABILITY ASSUMED BY THE INSURED UNDER
A~ INCIDENTAL CONTRACT.
fORM L-4881-0T (EO. 0"8') PRINTED IN U.S.A.
COPYRIGHT, HARTFORD FIRE INSURANCE COMPANY, 1'83
U8/06/8' 31 UEN JW"'3 (07/13/85)
,_,' ;,'1'
I
'n
THE HARTFORD ,~
The companies providing this insurance are members of The Hartford Insurance
Group. Each Company is designated in the Summary Declarations Page by individual
coverage part. (A Stock Insurance Company, herein called the Company.)
INSURANCE PROVIDED
In consideration of the payment of premium, the Company agrees with the named
insured to provide the insurance as specified in the Summary Declarations Page and as
further indicated by a specific premium charge or charges in the coverage part(s)
forming a part of the policy.
The insurance provided under the coverage part(s) or extension(s) thereof is subject to
all of the provisions of such coverage part(s). special conditions applicable to the
coverage part(s) and any general provisions contained in the policy of which the
coverage part(s) form a part.
In witness whereof. the Company has caused this policy to be signed by its president
and secretary, but the same shall not be binding unless countersigned on the Summary
Declarations Page by a duly authorized agent of the Company.
~d"~~da"
,~
Il(JlI<lld R. FLlhJll, 1"
.fv~
RECEIVED
AVe 2 3 '004
Town Clerfc Southold
Form 4300 (Ed. 11/83) Printed in U.S.A.
..
~2""; Y't STATE ~EPAR:m::-r. OF ;:;;:lVIRO.':'A:. CONSERw;;ION
CER'!'IFICA '!'ION OF BOND AND INSURANCE COliE"-AGE
N.lme 0:: App li can t
TOWN OF SOUTHOLD
P"oject: Southold Scavenger Waste Treatment Facility
C-36-112(}-02
C,mtract No. 3 - Plumbing
Contractor James McCullagh Co., Inc.
D.lte of Contract Signed July 16, 1984 Contract Cost_ $29,400,.00
Scheduled Date of Completion
18 months from date of commencement
. Renewa 1 I
Comnanv and Polic'! Number I Amour! t I Originall I 2 I
Performance Bond Insurance Co. of North America I I I I
K0179324A 29,400.00
Labor & Material Insurance Co. of North America
tond .
K0179324A 29,400.00
:lodily Injury Federal Insurance Co.
Public Liability GLP(85)7154 13 99 1500,000.00 5/31/85
Federal Insurance Co.
Property Damage
. LiabUi ty GLP( 85)7154 13 99 500, 000. OC 5/31/85
Sun Insurance Office Ltd. '.
Auee :E'ublic
U.bi.lity. BAP(85) 7305 86 96 500,000.OC 5/31/85
.
Au to P'roperty Sun Insurance Office Ltd.
Damage Liability 5/31/85
BAP(85) 7305 86 96 500,000.13
?ire & Extended Federal Insurance Co. ..
Cover;age Unassigned 29,400.01 6/8/85
(Builders Risk) .
.orkmell ' s Pacific Indemnitv Co. ~- I I
COllll>ellsation 7021-53 91 ,./' .:---. 5/31/85 I
Exni~ation Date
Insnecti
:Jwner' ,; Protective Federal Insurance Co.
I certify that the above coverage in the amounts indicated is carried
on the project. These policies will be kept in force for the dur~tion
of the construction of the project and will be renewed <<hen necessary.
--=~....,.,=
These documents will be available for inspection by Federal Water
Qualiey Administration personnel during the project.
. ~
Name ~r. ~7~e'/'7.fC
(/ Judith T. Terry
Title Southold Town Clerk
Date
July 16, 1984
J
/james ~iV1d/~llaqh C'c., (gl1c.
.
.
ESTA8L1SHED 1 816
Y)lumb'~q and, 'Mechanical c'ntlactols
RECE!VW
IUN 2.~) 1984
75 EAST BETH PAGE ROAD
PLAINVIEW, NEW YORK 1 1803
:.Phone (516) 293-8800
:t (.wn Clerk Southold
June 21, 19134
Robert Tasker, Esq., Town Attorney
Town of Southold
Town Hall
5395 Main Road
Southold, N.Y. 11971
Re: Southold Scavenger Waster Project
Contract No. 3 Plumbing C36-1120
SOTH-133-02
Dear Mr. Tasker
Enclosed find performance and payment/labor ilnd milteri al bonds
for captioned contract along with cerificates of insurilnce as
required in the specification. Please review same, and if acceptable
to the town establish the date for the signing of contract.
If there are any corrections that are required please contact
the wr iter.
Very truly yours,
James ~1cCunagh Co., Inc.
WMH/kor
enc.
By.J)J,;~L~l';\I\A.(\ \1\ \-\C!.t.\.J1Q;,tl
W,ll,am M. Heberer, Jr. ~)
\..\ZO\,-
.
, "
CERTIFICA'.IIE OF INSURANCE
.
~
;:L~".Jil..t\lW.:.'';.1;I.l'll,;
ISSUE DATE (MMfDDNY)
,QLn.J.fl.L______
PROOUCER
THIS CERTIFICATE: IS ISSUED AS A MA Tl'ER OF It~FOflMA liON ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICJ'.TE HOUlER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVER,Il.GE AFFORDED BY THE POLICIES BEl-OW.
Allied Coverage Corporation
16~; Roslyn Road
Roslyn Heights, New York 11577
COMPANIES AFFORDING COVERAGE
INSURE:C
TOIm of Southold &/or Town Board, Town
Han, 53095 Main Road. Southold, N.Y.;
and Inc. Village of Greenport, 236 3rd
St., Greenport, N.Y. and Holznacher,
McLendon & Murrell P. C., 125 Baylis Rd,
Su:Lte 140 Melvine New York
ol:l"l"J'G
THll; IS TO ce:RTIIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED :"AMED ,IIIBOVE FOR THE POLICY PERlOD INDICA TED.
NorWITHSTANDlllIG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSUIRANCE AFFORDED BY THE: POLICIES DESCRIBED HEREIN IS SUB..rECT TO ,ALL THE TERMS, EXCLUSIONS" AND CONDI.
TIONS OF SUCH POLICIES,
COMPANY A
LET~~~_ Fed~r.al__lnsl1ra!!ce Company,_
COMPANY B
LETTER
COMPANY C
LETrER
COMPANY D
LETTER
COMPANY E
LETTER
AGES
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRE~E AGGREGATE
CO
LTR
TYPE OF INSURANCE
;:)OLlCV NUMBER
----~--_.--- -------,-~,~-
GE:NERAL LIABILITY
6~~~~~T" $
r ~bt~~E[ ;-- $
f- -,--
, I
I ; I,. PERSONAL INJURY
--- I__~-
---1 BODIL'
!IJolJURY $
I (DERflERSON:,
t~ -~-
iIJo;JUR~ $
~IPER ACClOEN11 ____
i PROPERP
, DAMAGE $
~--- -----
181 & PO
I COMBINED $
--------t- ---
EXCESS LIABILITY
R !BI&PD $
, UMBRELl A FOFIM I COMBINEfl
t _~~~N UMBREL_A FORM j ...L-
I WORKER'" ~~:PENSATlON --------- .---.--------: SWUTORY --
EMPLOYERS' LIABILITY
TITliiE..-------- -- --.-.---- ---------- 1 $3,000,000 - BI per Oc.
A Owner's Protective Unassigned 6/8/84 6/8/,85, $ 500,000 - PD per OC'
_Li.abilill I . ___._______ J.LQ90,0QQ..= Aggregate
COMPREHENSIVE FORM
PREMISESlQPEflATIONS
UNDERGROUND
EXPLOSIO~I & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
P~RSONAl INJURY
BODILY
INJURY
$
$
$
$
AUTOMOBIL.E lIIABllITY
ANY AUTO
A~L OWNED AUTOS (PRIV PASS I
, W EO A TOS (OTHER THAN)
A,_^- 0 N U PRIV PASS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABlliT't
$
DESCRIPTION OF OPERATIONSllOCATIONSNEHICLES/SPECIA.L iTEME
As respects to all operations performed by/for James McCullagh Co. ,Inc. in connection with
Southold Scavenger Waste Project, Contract No.3: PlUIUbing C36-1120, SOTH83-02
.
Holzmacher, McLendon & Murrell P.C.
125 Baylis Road
Sui te 11.0
Melville, New York
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEl.LED BEFORE THE EX-
F'IRATI~(') GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
NIAlL, DAYS WRITTEN t-IOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
l.EFT, BUT FAILURE TO MAIL SU':H NOTICE SHALL IMPOS ,NO OB Ano LIABILITY
OF ANY KIND UPON THE COMPANY,)"Hi I'GEN . PRE A TI S.
AUTHORIZED [~EPPESEf\jTATl'/E/I./' 'I.
, It/<
.
, "
CERTIFICA....E OF INSURANCE
-
qc
~'t{.Jil..~:.l::r.1'f!;:
------
ISSUE DATE (MMIDDiVY)
6/2}./84 ___
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MA TlrEA OF INFOl=lMA TION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL,OW.
Allied Coverage Corporation
16S Roslyn Road
Roll1yn Heights. New York 11577
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
~!.ed~al ..!ltUluraYlce COIIIpany
COMPANY B
~~::y c-----..-
I LEDER
r----.----------....-..
i COMPANY D
I LETTER
INSURED
Toun of Soutbold &/or Town Board. Town
Balll, 53095 Main Road. Southold. N.Y.;
and Inc. Village of Greenport, 236 3rd
St.., Greeuport, N.Y. and Bolznacher.
~~n & Murrell P.C., 125 Baylis Rd.
Su:Lte 140 Melville, New York
~'l'J~' .
i COMPANY E
' LETTEH
-
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE L1STEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A30VE FOR THE pouev PERIOD INDICATED.
NOTWITHSTA,NDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH fESPECT TD WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLlCIIES DESCRIBED HERElt-! :!S SUBJECT TO fll.L THE TEAMS. EXClllSIONS, AND CONDI.
TIONS OF SUCH ;POLlCIES.
r----- --'-.-----~~---~ -- - ----~-l
&~l TYPE OF INSLRANCE: POlIC, NU~~BER 1
- +a,':~:;~E~I:~,:~:::M -- -- --- t - - - - - -- - --'--1
PREM1SES'OPPlATlON'S j I
UNOERGIUlUNO '
EXPLOSION & COLLAPSE dAZARD '
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
I, INDEPEND!:NT CONTRACTORS
,I BROAD fOAM f'AOPERTY DAMAGE
~"--~------"--"--'--'-----'-'---~r-.'-.--:--------'-------
.~..,'~L:,C,([fFEGT.'.\.l,E PO~.!f~Y EX.':>I,i1A..TI~~ j UABILlTY~~ ITS ~I. THOUSANDS
.,flIMM/DDN1) DI"'~ rMlv!I'DNf, ~ACH ---r AC'G"EGATE
__ _______ ____._______ ___._ Q.QfURRE,lli;E I _~~__
i BODILY
INJURV
$
$
,
i-------
i PROPERTr $
I DAMAGE
i~
$
PERSONAL INJURY
='~E'~OMOB;"E LIABILITY ==+
l ANY AU1C I
'! ALL OWNED Auras (PRIV_ PASS)
-! ALL OWNW Auras ('~~~7RpZ;~N)
! HIRED AUTOS
NON-OWNED AuTOS
,
! GARAGE l.IABIl i~' I
EX~SS L1~;,;:;:~y--===t
I UMBRELUI FOHM 1
r~~~::::N ~'::~~:::::~- Ii
IEII,CH ACCIDENT)
AND ----------
(DISEASE-POLICY LIMIT)
"r,:HE:MPL~YEF~~~~i' ..---------i---.--~---- $3,~:~(DI~~;^';:=
Al1::~~~;0~tivJUnaSSigned______!.~/8~~~__~/8/_8_=_j :1.=:= : :~::a:'
DESCF:1PTION OF OPERATIOf;lS/LOCATlONSNEHICLES/SPECI~L ITEM~;
IBI&PO $
. COMBINED $
. ~:""~~"::" k=-
l----------~- ---
RiJO ~ '
I "JUR\ $
PERPEllSON
i--~-- --~
!~~IR:
',P~R ,ACCiIJEN-1 .$
r;~z~~~TV $
i ~~t~~E) :$
-====~~;-=~~~CJ-
As respects to all operations performed by/for J8IIIeS McCullagb Co. ,Inc. in connection with
Soutbold Scavenger Waste Project. Contract No. 3: P1Ulllbing C3E,.-1120. SOTB83-02
Bolz1llacher, McLendon & Murrell P.C.
125 BayliB Road
Su:l.te 140
Melville, New York
!;HOULD ANY OF THE ABOVE nESCRIBEO POLK:IES BE CANCELLED BEFORE: THE EX-
J.IRAT~ DATE THEREOF, THE I~SSUING COMP.ANY WilL E:NDEAVOR 'TO
MAll_. . DAYS WRITTEN ""OTlCE 1'0 THE GERTlFtcATE HOLDER NAMED TO THE
LEFT.-""T FAlLURE TO.....L SUCH NOT",E HAll~~Y
OF ANY KINO UPON THE COMtJANY, IT T5 N ES
AUTHORIZED "'EPF~ESENT A TIVE r. 1/ j
~_. LA;: _
II.;,U,,:,14iIeIiliKe]iG[.1,;:1.:.li[e.h.."nI:I
iI.re]:Jil
.
qc
, "
CERTIFICA _ E. OF INSURANCE
"I:::I.,.J:..."JL.];l......:.._..:..m::r.~__
ISSUE DATE (MM/DDNY)
JuDe 21, 1984
PRODUCER
.&.111.114 Coftrap Corp.
165 lloUyn BDad
a-l:rn IleiPbJ. B. Y. usn
INSURED
J'_a Hc:Cullagh Co.. Inc.
75 ....t Betllpaae JlI.Nul
flailllY1ew. B_ York 11803
.
THIS CERTIFICATE IS ISSUED A~) A MA TlER OF n..FORMA rlON ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. TH~S CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEL,OW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
Pedera1 ID8UX'aw:e Co.
--.---.---.------------,.---.---
COMPANY B
LETTER Sun ID81IrlU1C& Office Ltd.
r--~-~-,..--------------------
I COMPANY C
~~;:NY D__padf1c IDII~1ty Co~,~_________
~~T-""-___ IIArtford _Accident . T-" .i.!I_______
COMPANY E
LEITER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF' ANY CONTRACT OR OTHER DOCUMENT WITH BESPECl' TO WHICH THIS CERTIFICATE MAY
BE ISSUED OIA MAY PERTAIN, THE INSURANCE AFFORDED BY THE POllCII:S DESCRIBED HEREIN ,IS SUB.JECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TlONS OF SUCH POLICIES.
----
&~[
------~--------
POLICY EFFECTIVE POLICY EXI'IRATION UABILlT'( L1~ITS !N THOUSANDS
CATE (MMIDD!YY) DATE {MMflJONYl ::ACH AGGREGATE
_______,____._ OCCURAE!i.CE ___
BODILY $ $
5/31/84 5/31185 INJU~
TYPE OF INSURANCE POLICY NUMBER
---------,-------~--- ----~
GI:NERAl LIABILITY
.
COMPREHENSIVE FORM
PREMISES.'OPEI=t4TlONS
UNDERGROUND
EXPLOSION & COLLAPSE ""AZARD
PRQOUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPEND"NT CDNTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
GLP (85) 7154 13 99
. lAP (85) 7305-86-96
PROPERTY $ $
DAMAGE
I --- ---
I BI & PO $ $
I COMBINED
500. 500.
t PERSONAL INJURY $
---,
15/31/84 BODILY
$131185 INJURl' $
(PEA PfASQN!
-~--
i BODILY
INJURY $
iPERACGIOEN')
---
WORKERS' COMPENSATION
AND
EMPlOYEFIS' LIABILITY
LOTHEjl-
D (r.s. ~1aaItUitY DBL 152594
DESCFIIPTION OF OPEAATIONS/LOCATlONSNEHICLESfSPECIAL ITEMS
>>
AIUTOMOBII.E LIABILITY
I ANY AUTe
All owr~EO AUTOS (PRIV PASS.)
ALL OWNED AUTOS (~~~7Rp~~N)
HIRED AUTOS
NON-OWNED AUTOS
GARAGE L1ABIL ITV
1.==_
FXCESS LIABILITY
A I UMBRELU\ FOHM
~THER T~AN UMBRELl.A FORM
~
..
I I PROPEAH $
-+--T---~;;rn
i 5/31/84 /31185 ig6t~~EIl
15/31/84
~.
7961. 21 44
$10.000. $10.000
7021 53 91
---~
(EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
-_.~---
(OIS[ASE-EACH EMPLOYEE:I
-~31/84
I
tll
operations performed by/or for
Scavenger Waste Project, Contract No.3:
insureds: Town of SOUthold and/or
Bo1:ItIlI8Cher, McLendon & Murrell P.C.
125 Baylis Road
SUi.te 140
Mel'~ille, N.Y.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX.
PIR~"N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAil __.'... . DAYS WRITTEN t-IOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAil SUCH NOTICE SHAU.IMPOSE N L ~N OR}lAEULlTY
OF ANY KIND UPON THE COMPANY. IT~'S EN~:ES""
AUTHORIZED REPRESENTATIVE /F ' ~ <'
...L.J. -" . .v
l1iJl.:.'lIi.liJ ..iiJl.jilil.jir.:.'Il.n-.I!!:r:.
.:.ll{.lil'>
.
.
dIkd
ct'~ ct'~.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
r I
Town of Southold &/or Town Board
Town Hall
53095 Maiu Road
L Southold, New York ..I
All operations performed by James McCullagh Co., in connection with Southold Scavenger
Fle: Waste Project, Contract No.3: Plumbing C36-1120, SOTH83-02
fJ On behalf of our client: Town of Southold &/or Town Board, Town Hall, Inc. Village of
Greenport, and Holznacher, McLendon & Murrell P.C.
Enclosed please find:
fl Certificate of Insurance
[J Owner's & Contractor's Protective Liability Binder(s) Policy
[] Builder's Risk Binder(s) Policy
[] Endorsemen1 amending policy as shown below (see remarks)
[J Please refer to remarks section below.
[J Enclosed please find items indicated above. in accordance with your request.
Please distribute original and one copy to the proper par1y lone copy should
be kept for your records).
[J REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
cc:
Town of Southold &/or Town Board
Inc. Village of Greenport
Holznacher, McLendon & Murrell P.C.
/~ 1/'~'
c~.~,/x , '. ~L../d /
Kathleen o. Axelrod
.
, "
CERTIFICA ~ E OF INSURANCE
.
~
::L~"i!!I~~~~~'"lW:
ISSUE DATE (MM/DDfYV)
6/21/84
.-...---.-
PRODUCER
nus CERTIFICATE IS ISSUED AS A MATTEA OF IUFQRMA TION CNL Y AND CONFERS
NO RIGHTS UPON THE CERTIFIC,~TE HOLIDER. THIS CERTIFICATE OOES NOT AMEND.
EXTEND OR ALTER THE COVER,lGE AFFORDED BY THE POLICIES BEl-OW,
Allied Coverage Corporation
165 Roslyn Road
Roslyn Heights, New York 11577
COMPANIES AFFORDING COVERAGE
COMPANY
LEITER
A
__F",~t~!_al.!nsurarl<:,,,,--~ompanL__~_____
INSURED
To,m of Southold &/or Town Board, Town
HaJL1, 53095 Main Road. Southold, N.Y.;
and Inc. Village of Greenport, 236 3rd
St", Greenport, N.Y. and Holznacher,
McLendon & Murrell P.C., 125 Baylis Rd,
Suite 140 Melville New York
er'W=l;
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
AGES
THIS IS TO CE:RTliFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED !"'AMEO ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE IISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ,lLL THE TERMS, EXClUSIOf\IS, AND CONDI~
TIOI~S OF SUCH POLICIES.
&~I__ TYP'_ OF '~SURA:~_
A.'R. o~:erl~~rot~ctive
~..L~iabil_ill
DESCRIPTION OF OPERATiQJ\IS/LOCATIQNSNEHICLES/SPI::CIALTEMS
As respects to all operations performed by/for
Southold Scavenger Waste Project, Contract No.
eOLlCY NUMBER ~)lIC\-;;ECTlV~ POLICY 'XP~RATION
-l~\TE MMJIlO!YY1 ~TE(MMIOOIYY)
BODILY
INJURY
6~~~~~TV $
I
I ,
I I r- ---
-+ 1 I PERSONAL iNJURY $
- --.-I-----i :J~~ T~--
I ' !'~RPERSONlt
I rmv- ~_..-
I 1~~~R:CClOEN11 $
I r~------
I I PROPERP $
I : DAMAGE
I ' !;,~;,;- ---,----
I I I COMBINED $
r---i--i::- --- ,$
r---- 1::::~"~
I ="~==:~~~~~~
..-.-----t------ $ (D SIASE,EACH EMPLOYEE)
, , per Occ.-BI
Unassigned 6/8/84 6/8/85 $ 500,000 - PD per Oc'
~______--.l $1,000,000 - Aggregate
LIABiliTY LIMITS IN THOUSANDS
EAGH~G'" . ---
:CIJRRENCE I $ A . GREGA TE
GE:NERAL LIABILITY
COMPREHENSIVE FORM
PREM1SESiOPEHATlONS
UNDERGROUND
EXPLDSIIlII & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD fORM PROPERTY DAMAGE
PERSONM iNJURY
$
~~t~~E[' $
$
AUTOMOBILE liABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV PASS.)
ALL OWNED A(lTOS (OTHER THAN. )
., PRIV PASS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LiABIUTY
--------j
----- -----_._--
EXCESS LIABILITY
UMBRELlII FOF!M
-.8 OTHER TH~N UMBRELLA 'ORM
- ------
,
WORKEB~S' COMPENSATION i
,
AND I
EMPlOYE~;S' LIABILITY
James McCullagh Co. ,Inc. in connection
3: Plumbing C36-1120, SOTH83-02
with
~-,I..1
Town of Southold &/or Town Board
Town Hall
53095 Main
.;. ... .... . ~. .
.
, "
CERTIFICATE OF INSURANCE
-
qc
':::I_t:":"''"II.];l.~...~:.l:I''l'lj;
-.-----
ISSUE DATE (MMfDDNY)
6/21/84
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFOflMAnON ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTifiCATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEl_OW.
Allied Coverage Corporation
165, lloslyn R.oad
RoE<lyu Heights, New York 11577
COMPANIES. AFFORDING COVERAGE
COMPANY A
LETTER Federal Iusurance COIIIpany
---,-----------~~_._~-------_.~--
INSURED
Tmm of Southald 'lor Town Board, Town
Hall, 53095 Hain Road. Southold, N.Y.;
alllCl Inc. Village of Greenport, 236 3rd
St.., Greenport, N.Y. and Holznacher,
HcI.endon , Hurrell P.C., 125 Baylis Rd,
SuJlte 140. Melville. New York
~'l'j~. .
THIS IS TO GERTi'FY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTOTHE INSURED NAMED ,a.BOVE FOR THE POUCY PEFlIODINOICATED.
NOTWITHST"~ND1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OFI OHlER DOCUMEf-IT WITH i=l:ESPECT TO WHI::::H THIS CERTIFICATE MAY
BE ISSUED OR M,A.Y PERTAIN, THE INSURANCE AFFOFIDED BY THE POLICIES DESCRIBED HEREIN IS SUB,JEC1' TO q.L THE: TERMS. n:CU'SIOi~S, A.ND CONDI-
TIONS OF SlJICH POLICIES.
COMPANY B
lE1TER
COMPANY C
LETTER
COMPANY D
LETTER
E
Uuassigned
____________,_______n___'____ --, ~'- ---T'----------' --------
'-OLiCY EFfi:CTI.t I PC ICY tXP'\AT'O~ I liABiliTY LIMITS !N THOUSANDS
_ __:()UG'.:'''~E''--_____~ATf_(MM'O':'__ --,-"~,,,,'"(:"_JIIII~~~G~~~CE -^,~REG'TE
I 'BODILY 1$ $
INJURY
I :____j'_______ ____
I r 6~~~,,~-~---
I 6' & PO I
~_:?~=f .
i!NJlIR'I 1$
! ;PERPEFlSm, 4
~~-- ,--~---
,INJUR' 1$
: ,PElf ACCIDl~C i
f------ +----
: PROPERlY I $
i DAMAGE
, '
. r.--.... +--,--,-
i 'BI & PO i
+---,-_.~-,._---.~~~~~---
, i:
i ~. 1~~:":'~EQi $ 1$
i j I
,.-- -'----'---,----- STAT:~"_-~~
,------t--------+----- . $. ([::;E:~~~;1E)
______l~l8~~___L!8/_~~__1!.;:=; :;:;.~~.:
$
co
LTA
TYPE OF INSURANCE
GIENERAL lIABILlTV
COMPREHENSI'jE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSIDIIJ & COLLAPSE HAZARD
PRODUCTSfCOMPLETED OPERA nONS
CONTRAC-'UAL
INDEPENDENT CONTRACTORS
BROAD FORM I)ROPERW DAMAGE
PERSONAL INJURY
AUTOMOBILE LlABllITV
,ll,NY AUTO
ALL OW!IJED AJTOS !pRIV PASS 1
ALL OWIIJI:O AJTOS (~~7JRp~~N)
HIRED Auros I
~ION-OWNm AUTOS .
~~RAGE ~iABII'fY ~-=4
E)I.CE:SS lI.A.BllITY I
GtMBRELLA ~OI,M
OTHER THAN UMBRELLA FORM
-----------
WORKERS' COMPENSATION
.ii,ND
EMPlOYEFtS' LIABILITY
~---_. --
OTHER
A Owner's Protective
Liabilij:y.
DESCFIIPTlON OF OPERA TlONS/lOC.ATIONSIVEHICLESfSPECIAl 'TEMS
As respects to all operations performed by/for
Southold Scavenger Waste Project, Contract No.
JlIJIIeS McCullagh Co. ,Inc. in connection with
3: Plumbing C36-1l20. S0TB83-02
Il'l:iil
leA T H LDER CANCELLATION
Town of Southald 'lor Town Board
Town Ball
53095 Hain R.oad
SHOULD ANY OF THE ABOVE DESCRtBlED POLtGIES BE GANCELLEO BEFORE THE EX.
PIRATIJII DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
MAll____ _ DAYS WRiTTEN IroTICE TO THE C:ERTtFlCA TE HOLDER NAMED TO THE
[_EFT, BUT FAilURE TO MAIL SUCH NOTI4;e SHALL IMPOSE NO 0BlJGA TION OR LIABlLITV
OF ANY KINO UPON THE COM,PANY, S N.~~R,.Rf:I;)RESENTATIVES.
-
AUTHORIZED REPRESENTATIVE
.
.
s&kd
C(!mPe~ C(!myv.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
June 21, 1984
r -,
Town of Southold and/or Town Board
Town Hall
53095 Main Road
Southold, N.Y.
L J
Fle: All operations performed.- Contract No.3. - Plumbing C36-1120, SOTH 83-02.
XI1g On behalf of our client: James McCullagh Co., Inc.
Enclosed please find:
Xl'9 Certificate of Insurance
[J Owner's & Contractor's Protective Liability Binder(s) Policy
IJ Builder's Risk Binder(s) Policy
[J Endorsement amending policy as shown below (see remarks)
[J Please refer to remarks section below.
[J Enclosed please find items indicated above. in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records).
[J REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
c:c: James McCullagh Co., Inc.
mm
4/ - ~. 1
/ . ( / . / ./ I
( .ti;Ichi<<< A~. ;4!:L~,dj
Kathleen O. Axelrod
.
, "
CERTIFICATE OF INSURANCE
.
PRODUCER
""'::iI...:.J:.....-f.U....lI..J:l:T..m
~SSUE DATE (MM/DDfYY)
June 21, 1984
,-------- --
THIS CEATlFICA TE IS ISSUED A~; A MATTER OF INFORMA liON ONLY AND CONFERS
NO RIGHTS UPON THE CERTlFICjHE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVER,'GE AFFORDED IIV THE POLICIES BEl-OW.
qc'
Alli.ed Coverage Corp.
165 Roslyn Road
Roslyn Heights, N. Y. 11577
COMPANIES AFFORDING COVERAGE
COMPANY A
LETrER
, F~d-"ral.1.nsuJ;:ance.J:&.____,_______,
lNsum: D
James McCullagh Co., Inc.
75 East Bethpage Road
Plai.nview, New York 11803
COMPANY B
LETfER
",.sJ.ID_,Lu's,\=.cedlil ice L td '-
I fgMI~A.NY C
~rt:R
I fr=~~~~~. D
t CQr.PANY E
: LETTEF
p_qj;,ifk Indemnity.J&.......__,___,_, ___
. llart.fJ:>x(LAcr.ident.,&I.ndemnit.}1..
1
1
l
I
.,~1', -
___ . .lJJIIJ . _
THIS IS TO CERTIFY THAT POliCIES OF INSURANCE u~nEO eELOW HAVE I3EEN ISSUED TO THE INSURED <~AMED ,t:,HOVE f~OR THE POLICY PER!OJINDICA1"ED
NOTWITHSTANDING AN'" REQUIREMENT, TERM OR CONDiTION or ANY COI'HRACT OR C:"HER DOCUMENT WfTH P:f:SPECT fO WHICH THIS GEHT1FICATE MAY
BE ISSUED em MAY PErHA1N. "HE lNst"RANCE" AFFORDED B" TH' ~m,i(;iES DESCRtBf:[' HERf:lN IS S'JR.'ECi YO .\U" TH:; i::;nMS :XGLUSim.:s AND CONOI- I
___'l~~~I~~_~~,_~~~~~~~~OUCiE;S _ ___ __ ..., _..._ ...____... .____,~____^"____~
G'~! r'TE: ':~r:: N~,U"i(\'\i<.:f )(1 ('\ kP,,!f,E~-; '1.~LiA811. ,[T"~_!:~~~~~_~:~~~~NDS------.j
lT~d ""1+$'" .~: [,,4CH I ,l.'-"'-f'jE~A1E '
Lc:tx/'trs, . / OCClJRREi-K E! ,".J .l, :
"-'i-' t,-~ < ----------...~-r--------.~-i
!~ G(:NERAL UABILlH : ' 3; : $ !
A;~~ ['IMf'RE'HUIl FGKM GLP (85) 7154 13 99 5/31/84 5/31/85 . -L,_______J
'1 Xl P,~EMISE:3/0PEHM!Or,J;; i "'ROf'EHf",: , r
.. -- WJDERGFtOUNO :V'''-,lAGF ; 5) ! $
~1 EXPLOSION & COUi\PSi d,4lAWJ ~;- - ---- ----~
~~i(x,~ PC' ,')ONDTRUAC[TSTU'CAOlMPI r:m, ril'~RA1'nN) i 31 & PD i, I,., $
I : ,:>)M8INFT I ~
'X INDEPEN')I N1 ,'ONHiM TW. "'" " __ L_5.llil.. ,j.~.5llO...._
X BqOAD m:J;M PROPEQfy DAMAGf I
X P~RSONAlINJII~i i , , PERSO"JAL INJURY 1$
L ~' 1 -tl 1_
----~JTOMOB1L.EliIABIlITY .------- -1---- ~I----
! I!NJURY +$
B X ANY AUTO BAP (85) 7305...,86...,96 5/31/84 I' 5/31/85 r'..,,::.RL\~RSONl ,______
A.~L OWNED AUTOS IPRIV PAS~;_) JVU1
I .NJCRY $
AU. OWNED AUTOS (~~~7Rp1~~N) , ,P!"R ACCIDENT
X HIRED AUTOS I : r PRO;~RT' $----
X NON.OWNED AUTOS I
I GARAGE ~ABlLln --+- I f:,A~~:E $ 500.=
'8=::::'''0" 796> 2144 _ 15~~;:~: '.l.~.~.O+ "'._.0....0.0
CI---::::,'COMPENSATION 702153 91 ~/31/84 15/31/8~STATUT""~'''___~_
AND I i $ ~OO_.I'.',CH ACCIOEN1)
! 1 $ 0'"',", (OISEASE,POLlCY LIMIT)
EMPLOYERS' LIABILITY '...,J..l"I..I" -
! OTIHER -- =:1;'5/31/84 i Unt<l- l $ -"lll- <..~'"
DIN.y.S. Disability DBL 152594 ~
I ___ __ C''''~'''QJ]Qd.
DESCRIPT!ON OF OPERATIONS/LOCATlONSNEHICLESlSPECIAL ITEMS As respects to all operations performed by lor for
JaITlf~S McCullagh Co., Inc. in connection with Southold Scavengl9r Waste Project, Contract No.3:
Plwnbing C36-1120, SOTH 83....Q2.1ncluded as additional insureds:. Town of Southold and/or Town
Board and Inc. Village of Greenport.
""illl,
Town of Southold and/or Town Board
Town Hall
53095 Main Road
Sou1:hold, N.Y.
SHOULD ANY OF THE ABOVE DESCRIBE:D POLICIES BE C.A.NCELLED BEFORE THE EX-
PIRATJON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 4,) . DAYS WRITTEN NOTICE TQ THE CERTIFICA TE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NonCE SHALL IMPOSE]IIO OBU TION ~ LIA~LrrY
OF ANY KIND UPON THE COMF ANY, ITS ApENT~ft'RES ~ TIV~
~-,.--.,...--
AUTHORIZED REpRESENT A TIVE .' J f' /,.r ./.1 / #'
" -u'i.k:::i&~.L.L
lIi-",l:'f.l;.lIl[03:'l,r:r~lI'illii'I'~
qc
, "
CEATIFICA'~ ~ OF.INSURANCE
"r:lii.If:-1:~i.T:J..-w;li.":I:r..l'f!;
ISSUE DATE (MM/DDfYV)
J_ 21, 1984
.
PRODUCER
Al1:l.e4 Covenae Curp.
li5 1lDa1111 IlOIIll
1lDa1.11I Jlaipts. R. Y. 11577
INSURED
.1_.. HcOvll.... Co.. IDe.
75 Jut Bethpaae J1oa4
PW.Ilv1ew. He; York 11803
.
THIS CERTIFICATE IS ISSUED A:; A MATTER OF INFORMA liON ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOL.DER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFf:ORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER
A
___ Feclerallusur_ Co. ________
COMPANY
LE~:':~___ S- lBBIa~_ Office Ltd. __________
COMPANY C
LETTEA~___ Pacific ID#-ity Co. __,________
COMPANY D
LETTER
Bartfor.l ........dfont .. llll"
-"tv
COMPANY E
LElTER
0'[.1'13:
AGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ~~BOVE FDA THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME~!T WITH '~ESPECl' TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH POLICIES.
8-f-=_ TYPI~ OF ~NSUAANCE__ ____~:'L1CY.:'MBEA_
GI::NERAL LIABILITY
A. X COMPRE~!'NSII/E fORM
X PREMISESIOPE'lATlONS
X UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJuRY
~OLlGi E~ECTIV-;- POLICY EX'~!~TION
I CATE (MMlDDfYY) OATE (MMI'JDrYY)
r5/3~;;4-~~3;~85
I
I
i
I
i
I
I
I
i
i 5/31/84 5/31/85
I
,
I
LIABILITY LIMITS IN THOUSANDS
EACH AGGREGATE
OCCURREliCE
BODilY
INJURY
$
$
GLP (85) 7154 13 99
6~3~~~n $
$
I ~6t~~ED $
I~
$
QIL.-
PERsc.NAL INJURY
PROPERH $
, ! DA~~_~" __~
___:-___~~:,t~~ED $500.
5/31/84 15/31/85 I ~:,t~~ED $lO.;F 10.000
! 5/31/84 15/31185 STATUlOR"--=~
$ ..Jf'>eH ACcIIlErll1......_
I _5OfLJIl~ASE'POlJ(;~.'!2...
+___~_ $ -1OO~~ASEEACt<EMI'LOYEE)
~/31/84Unti1
DESCF:IPTION OF Of'ERATIOI\IS/lOCATIONSNEHICLESlSPECIAL ITEMS As respects to all a:perations performed by lor for
J......s McCullagh Co., Inc. in connection with Southold Sca'Venqer Waste Project, Contract No.3:
Plullj:,inq C36-ll20, SO'l'H 83-02.bcluded as additional insureds: Town of S0uth01d and/or Town
_d and Inc. Village of Greenport.
O!.:!iiil
AIlJTOMOBII.E LIABILITY
B l[ ANY AUTC
ALL OWNED AUTOS (PRIV PASS.)
ALL OWNED AiJTOS (OTHER THAN)
PRIIJ PASS,
X HIRED AUTOS
X NDN,OWI~ED AUTOS
GARAGE L1ABllITV
.~- XCESS L1AlBllITY
A. X UMBRELu' fOllM
~~~AN UMBRELLA fORM
C
WORKERS' COMPENSATION
A,NO
EMPlOYEfiIS. LIABILITY
.lW' (85) 7305-86-96
BODilY
:~~R~AWNI $
BODILY
:~~RXCCIDEW) $
1-
7961 21 44
7021 53 91
OTHER
DBL1S2S94
D III. Y. S. Disability
SHOULD ANY OF THE ABOVE [IESCRI81~D POLICIES BE CANCELLED BEFORE THE EX-
PIRAl3N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAll______.__ DAYS WRITTEN f\IOTICE TO THE CERTIFICATE HQLDER N.uIIIED TO THE
l.EFT. BUT FAILURE TO MAil SV::::H NOTJC:ESHAlL~ NO 08llGA'Tl~ OR L1A~lITY
OF ANY KINO UPON THE COMPANY~ 'ITSAGEN'r~e'R.R'EPRtsa,ITA7tVES.
AUTHORIZED REPF~ESENTATIVE ~;,_ jl,,:~~ ;"';>_.', /' r ,j~.t."_-_.'" _~_
/' .(_ ~:. ',,<~<.::::..--"'/~?'J' I.V,iV
.. I
II:Tl:!eI'IIiItfIJiI;r'I;:'['(jI'Rnl:r:
Towll of Southol<1. alIiJ./or Town Board
TOWl~ Hall
53095 Main Road
SoU1thold, N.Y.
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A311
Performance Bond NO. K0179324A
KNOW ALL MEN BY THESE PRESENTS: that JAMES McCULLAGH ffi., INC.
(Here insert fu1J name and address or legal title of Contractor)
75 EAST BEl'HPAGE ROAD, PLAINVIEW, NEW YORK 11803
as Principal, hereinafter called Contractor, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, d corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto
TCWN OF SOUTHOm, TCWN HALL,
53095 MAIN ROAD, SOUTHOm, NEW YORK
(Here insert full name and address or lelal title of Owner)
as Obligee, hereinafter called Owner, in the amount of
TWENTY NINE THOUSAND FOUR HUNDRED DOLlARS AND NO CENTS
Dollars ($ 29,400.00
),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, JAMES McCULLAGH CO., INC.
Contractor has by written agreement dated 8TH JUNE, 1984, entered into a contract with Owner for
SOUTHOlD SCAVENGER WASTE PRClJEcr, CONTRAcr NO.3: PLUMBING WJRK
PROJEcr NO. C-36-1120
in accordance with Drawings and Specifications prepared by
125 BAYLIS ROAD, SUITE 140,
MELVILLE, NEW YORK 11 747
HOLZMACHER, McLENDON AND MURRELL,
(Here insert full name and address Of le,ll title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT All1 . PERFORMANCE BOND' FEBRUARY 1970 ED.
1
58277 b
. '
---- ---..------------r---__
NOW, THEREFORE, THE CONDITION Of THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner
to be in default under the Contract, the Owner having
performed Owner's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly
1) Complete the Contract in accordance with its terms
and conditions, or
2) Obtain a bid or bids for completing the Contract in
accordance with its terms and conditions, and upon de-
termination by Surety of the lowest responsible bidder,
or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible
bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a succession of
20TH
i/~);J.
_/
~'7 ~7dY
.?' " ,/.... _.-
,<(/ L/;(. /
(Witness)
day of
defaults under the contract or contracts of completion
arranged under this paragraph) sufficient funds to pay the
cost of completion less the balance of the contract price;
but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount
set forth in the first paragraph hereof. The term "balance
of the contract price," as used in this paragraph, shall
mean the total amount payable by Owner to Contractor
under the Contract and any amendments thereto, less
the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before
the expiration of two (2) years from the date on which
final payment under the Contract falls due.
No right of action shall accrue on this bond to or for
the use of any person or corporation other than the
Owner named herein or the heirs, executors, adminis-
trators or successors of the Owner.
JUNE
84
19
I
JAMES M::CULIAGH CO., INC.
(Principal)
(Seal)
- L-
~ _ ~7 _L'/C~_'___,
WILLIAM H. OOREMUS (Title) PRESIDENT
INSURANCE COMPANY OF NORTH AMERICA
I /. (Surety>?
l,~' /
--- ~<-z/~rf~"c'62/
DAVID W. ROSEIULL, (Tllfe) ATIDRNEY-IN-FAcr
(Seal)
AlA DOCUMENT A311...PERFORMANCE BOND. FEBRUARY 1970 ED.
STATE OF
NEW YORK
COUNTY OF
NASSAU
20TH
Financial Statement December 31, 1980
Admitted Assets Liabilities
Cash in Office and Banks
Government Bonds (amortized values) .
Miscellaneous Bonds (amortized values)
Stocks Imarkel value)
Accrued Interest.
Real Estate
Premiums in Course of Collection
Funds Held by Ceding Reinsurers.
All Other Assets.
$ 96,097,157
$ 435,823.817
$1,522,819,347
$ 981,108.485
$ 42.975.968
$ 9.905.235
$ 317.363,748'
$ 22.115.077
$ 228.627.484
$3,656.836,318
han 90 days due.)
Unpaid Claims and Claim Expense.
Unearned Premiums
Reserve for Taxes and Expenses
Other Liabilities.
Funds Held by Company under
Reinsurance Treaties.
Reinsurance in Non-Admitted Companies
Ceded Reinsurance Balances Payable
Capital Paid In
Surplus Paid In
Unassigned Surplus
$
$
$
$ 56,785.545
$ 137,100,213
$ 639,510,916 $
$1.821,839,048
$ 660,642,391
$ 53.879,527
$ 168.000,585
24.578.936
22.014.993
72.484.164
833,396.674
$3,656.836.318
t of the INSURANCE COMPANY OF NORTH AMERICA at OOSL'tN. IlE.lGIl'l'S ,NEW. .YORK
ull force and effect as of the date hereof, that said appointment was made under and by authority of the foregoing
n as been compared by me with the original thereof as recorded in the minute book of said Company and is a true
I in full force and effect, and that the foregoing IS a true and correct statement of the financial condition of the said
. .. 20TH
hereunto sel my hand and affixed the seal of said corporation thiS, ... . .
BS 15581a Ptd. In USA
o -~ ~~ rP -'LtflLL
~""""r~~
Secretary
NEW YORK
STATE OF __...__~___.__.._____________u_..______.. }
NASSAU SS:
COUNTY OF ___..hU_____n__ _______._ .__._n4._._.
On thiL2DTlL....... .................,...,...,day of.
_______~.._______________________.19_?:~___. before me personally
appeared.. ,...w.rI.L,IN:1"H,....RQ~$...,",.".......,' '...,...,..,.............".". .......,......".." ".." "".. ..""".""",
with whom I am personally acquainted, who, being by me duly sworn, did depose and say:
That he re,ides at......JF;IlJ:c:E1().....".........."........,....,...........................,that he i. the..~~~IDE:N':r:,...."..............
i
I
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I
I
~
of the...........:r1\l':iE.S..~~GILg:)u...lli<;:"....'m..mm.m.......mmmmmm...."m.m_m_.......................,....."..
the corporJtiotl described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation;
that the seal thereto atlixed is such corporate seal: that it was so affixed by order of the Board of Directors, and that he signed his
name thereto by like order.
BR(112)lJ 205128
DENISE CUCVj,:UtLO
Hotsry P~:b;i;;> S:-r7_~f ;\h'w York
No. ~10..-"f?('.:J.i40 (
~B~lifj&d i~ Nr,.;:n~;'!u County (f
CommlSS!nn Ell~,~5 Me;ch 30, 19L
r~.QJL e~ jj ;/0
~_.....,,,............................."'m~~.........
Notary Publu
CvurUy
-
POWER OF
AnORNEY
Insurance Company of North America
a CK;NA company
#490038
-
Know aU men by these presents: Th~t ll\i!lURANCE COMPANY OF NORTH AMERICA, a corporation of the
Commonwealth of P~~JtsYf:yanja, having ..!t:::p~:r:cipal o!ti{:ej~,-~~~,-Cfty.09f.Philadetph{a~"P!ilnnSytvar:rl?;Pwsuantt9 the following Resolution
adopted by the Board-of:Oin~ctors of the &aJdCompaqy::pnM:9'fcti43;:J977:;:lD wit"
'RESOLVED. pursuiWttlN::l)(;fes 3.6 and 5. 1 o!lheByLaws,_Iiie:tgUo",i:ng Rules shall go~ern'\YIs~eC"hon fOf:l~Co!>:,pany ol::t:~Or:K;!s,urde'takJng5, i'ri;'G(lgo,i\l.')%s, cor'r3C1S "r<d other >N',\lngs
mt/1eNltuf\!thereof
11! Thallhe P'')Slde''t, Qlanl'f~e~i1_!l~e V,ee PreSI<.1(lr,(;S_enior vlce:P,(~sid,!i!r)t. V,ce P'esjdent, Assist4l1:.v'C~:'p'fiS'de"I~:,5~~iden\ Vl(;ePre~iJ~rilO' AtlomeYln.FaGl,n:,ayeX~CU!e tor and tfl behali 01 the
Compsny wll' and all b()ndl;~,~~tk>l:lilkm9S, rl'l~gh~~es, cO<'J"ac~~il:,:,d other wHlmgs m the natur_€th~r~of, Ihe$,jfT'Ul}q_Qe altestfljJ-:whe~:"ecessar'{ by l'lS S~~n!l-a~.:::?, J Reslder,l SecreWy, an
ASSlSlan1 Secrelary Of a ReSidMJAS:Slslar"ll se<.:retary:and 1heo.e1il:o!::tre ComJ;lany alh!ed there!o;-aOOll1althe Pr~~t, or ar"lyE-~ecu\!vt;,Vlce Pres,deO!, Sen\u}Vlrypresldent, 0' VICe PreSldenl
may appoint and au1honze A:S$1s_j~n,_Vice f>j-iKi:<;i<:;f\ts: Resjde"-IVi.~i;<-:p'rl!sidents, SB(;rel<lf1es, ResrrlRf\1 SecrelarreS:; A";S'$liim Sec,,:it,ifIl3S,ft~'den\ AssistaN Se-cri1,tariesano Anorr\eys-,,,-Fact 10 so
e~ecute or aneSl10 the execu-liOn9~:a:!I.sLJcP::whiT~on behalf oftt>e:C1imPimy and to affIX the seaf,oi1r.e:.co.mpan:V_,lhl'lU'ittl
121 Anv such wr;1,ng executed ,n a<:~6~-'i~i1(;.e Witl'i::1:hew Rul€s shalloo;i-s::0in(ting uponlhe Companl ,nCfiv-w~~ as thc09n:1i'~d by tNlpresilJi?nt ar1{j aneSlea by IhfisB2rst'ary
131 The signature 0.1 the President, Or,ii:~:Ex:~~tIVl.lViC'" President, Of,S:8'rl)~r:V~~e Presid"nt, or Vlq:!p'es>dfrnt and Ihe:s~aI:p1Ifie Com~""y,,,,\albe a!ij~ed by fac~(i'I,~Q-iia-iiy power 01 alwrney gra"teCl
[Jursuanl to {his Resolution, and 1h:il'Si1f>iHu'('I:Qf a certifying offic;ef,:sno.:1he:-SlOllll01 lhe C'-'fT1N1f>Yn;1-a~:be atti~ed by,t<i!j5imile 10 anv--!je~itk;(I1e o.f any, such.J~""i'-iJ'~""ihny stIch power or ce'llhcale
bearing suen tar.s,m,le slgrlature ar.di;e:8)~W~::M valid and bonding ofr.lii8:C:O:f'DPan~
141 Stich ASS1Sta<11 Vice Presioer\ls, Seu-l3l;;Jrih;:::;A:ssistar\l Secretarll3s, Reside(it:-Q_it)~ef$a~<;l A~\tI(:i1eys-in-Fac\ shall hjl'\i:&-ll)jtMority 10 cer:'itY_9f;;Eir\fY?bf::iJeS::oht:i~Resol.~t'on, the By-Laws of the Com-
pany, afldan, af!idavit or Teco,d of ths Company neceSS3fV lO the d,scll argeoflrieiiGulies
15.1 Thepassageollh,sReso.lu1,ondoesnOlrevokeanyeani€laUlhoritygranledby Al;iSOlut,onsof Ihe Boa,,1 of O"eclOfsad,-,>,led()n June9, 195311ndMay2B, 1975'
does hereby nominate, constitute and appoint WILLIAM A. MARINO, DAVID W. ROSEHILL, HELEN A. LALLY, and
THOMAS P. VAUGHN, all of the City of Roslyn Heights, State of New York ------ - -----
o
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- - -- - ---------------- - ,each Individually if there be more than one named,
its true and lawful attorney-in~fact, to make, execute, sea! and deliver on its behalf, and as its act and deed any and all bonds, undertakings,
recogmzances, contracts and other writings in the nature thereof, And the execution of such writings In pursuance of these presents, shall
be as binding upon said Company, as fully and amply as if they had been dtlly executed and acknowledged by the regularly elected officers
of the Company at its principal office.
IN WITNESS WHEREOF. the said
has hereunto subscribed his name and affixed the
thiS 11th
H. F. McCRANIE. JR. , Vice-President,
corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA
day of Mav 19.Jl:L
ISEAL!
INX'iAN(:E COMPANY OF NORTH AMERICA
by .J mC:..c~-{ OL
H. F. McCRANIE, JR. ,'iCif/f/;':;CP!
STATE OF PENNSYLVANIA
COUNTY OF DELAWARE
On this
PublIc of the rnMM()N~.lI.T/liH
55;
11 t-h day of M:rlY..._.. ... . . .. _ ' A.'D,:t9:8-.ir,: i. before me, a Notarv
OF ~in and)or,the County of 1):E:r..-~WARE;:::,"'::::-~:::-':'-:':,~ came ~~_:_':-:-_: ___~,~
H. ~.Mr::CRANIE, JR; ". .. '. .... . .... '..' Vlce,PreSI,-,~(1!9f the INSURANCE
COMPANY OF NORTH::'AM:~RIC_~,t6me perscif1~Hy:_known to be theJhd:i1:i9ual~f\s,qf:ticer,whp,_~-?<:ecuted thePf$0e:qihg instrument, and
he acknowledged thAt he executed the same, and that the seal affixed to the: preceding Instrument IS the corporate se&l of said Company,
\",Ull~'f.,
that the sa r";.~2d hIS sfgnature were duty 8ftlxed by the autnQrlty and- d~rectl-on of the said corporatJ.orl-, and that Resolution
adopted am" ~SO:f said Company, re:ferred to In thepfe-cedlng Instr-um:tm!, IS now In-for.ce
. .
~ ST~Q~Y. .. OF, I have hereunto set my hand art:d afftxed my o-fhclal seal at the Gl.tyor AA1)~:OR
the d _ anfY~~::.~k 1r1t1T tCk/7l(" c:p (~,~~~_
,::; \ ^ ..:. ANNE 1'1. =ROVE . N,li~ Public "","" W' CO' SGRO'~ ~ . Nora,y Pubi"
ISEA'1. "'0\I'-'U81..\"/(;' ~~oM<wr.Delawa<et:o""tyPA ""'''~. VL
~ ~~mmission~~1 My _. Ex""', Sept. Zl. 118] . '.
-'I-~.~<irillWr~Ijl~'\l: ~'" Secretary of INSURANCE CQllIIPANY OF. NORTH A;.M~'~)I" do berebycerrcfy th<>1theoflgmal
POWER OF#~RNEt.,.e""~hlch the foregoing is a fuU, true and correct copy, is in full for-cean-d effect., '
".UlIU ,. , ",' :'. ," '. .,....' ,"
In wItness whereof, I have hereunto subscnbed my name a~I!-K:>eCfetary., ~nd alfixed.the- corpo~d1gfal of tneCorpo,ration,
20TH dayo! Jl:JNE. '. ". l!)~ . .' .
this
ISEAL!
_:B'.. ..."
\ " }
.'.-'
~ .' 4~~'
,'" '~" "... '.. ....~..
Vq1\:r<1llS S .W\'ttl ..' .' ..""~$ec;e1a'Y
BS-l5:J:I9a Plo_ In iJSA
. .
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A311
Labor and Material Payment Bond NO. K0179324A
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDlTIQNED ON THE fULL AND FAITHfUL PERFORMANCE Of THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that JAMES McCULLAGH CD., INC.
75 EAST BEnlPAGE ROAD, PIAINVIEW, NEW YORK 11803 (Here insert full name and address or lepl tltl. of Contractor)
as Principal, hereinafter called Principal, and, Insurance Company of North America, 1600 Arch Street,
Philadelphia, Pennsylvania, a corporation duly organized under the laws of the State of Pennsylvania as
Surety, hereinafter called Surety, are held and firmly bound unto
'ICWN OF SOurHOLD I 'IC:MN HAIL, (Here inl.rt full n.me aM address or I.p. tftIe of QwMr)
53095 MAIN ROAD, SOurnOlD, NEW YORK
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the
amount of 'IWENTY NINE THOUSAND FOUR HUNDRED OOLIARS AND NO CENTS
(Here insert a ~um equal to at least one-half of the contract price) Dollars ($ 29,400.00 ),
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, JAMES McCULlAGH CD., INC.
Principal has by written agreement dated
SOurnOID SCAVENGER WASTE PRillEcr,
PRillEcr NO. C-36-1120
8TH JUNE, 1984, entered into a contract with Owner for
CDNTRACr NO.3: PLUMBING IDRK
in accordance with Drawings and Specifications prepared by
125 BAYLIS ROAD, SUITE 140,
MELVILLE, NEW YORK 11 747
HOLZMACHER, McLENDON AND MURRELL,
(Here insert full """ and .dclress 01 I.pl tlU. of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . LABOR AND MATERIAL PAYMENT BOND. FEBRUARY 1970 ED.
3
B5'4294
.
.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal sha.1I promptly make payment to all
claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of
the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however,
to the following conditions:
1. A claimant is defined as one having a direct con-
tract with the Principal or with a Subcontractor of the
Principal for labor, material, or both, used or reasonably
required for use in the performance of the Contract,
labor and material being construed to include that part of
water, gas, power, light, heat, oil, gasoline, telephone
service or rental of equipment directly applicable to the
Contract.
2. The above named Principal and Surety hereby
jointly and severally agree with the Owner that every
claimant as herein defined, who has not been paid in
full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's
work or labor was done or performed, or materials were
furnished by such claimant, may sue on this bond for
the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due
claimant, and have execution thereon. The Owner shall
not be liable for the payment of any costs or expenses
of any such suit.
3. No suit or action shall be commenced hereunder
by any claimant:
a) Unless claimant, other than one having a direct
conlrJct with the Principal, shall have given written
notice to any two of the following; the Principal, the
Owner, or the Surety above named, within ninety (90)
days after such claimant did or performed the last of
the work or labor, or furnished the last of the materials
for which said claim is made, stating with substantial
day of
accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom
the work or labor was done or performed. Such notice
shall be served by mailing the same by registered mail
or certified mail, postage prepaid, in an envelope ad-
dressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the trans-
action at business, or served in any manner in which
legal process may be served in the state in which the
aforesaid project is located, save that such service need
not be made by a public officer.
b} After the expiration of one (1) year following the
date on which Principal ceased Work on said Contract,
it being understood, however, that if any limitation em-
bodied in this bond is prohi[1ited by any law controlling
the construction hereof such limitation shall be deemed
to be amended so as to be equal to the minimum period
of limitation permitted by such Jaw.
c} Other than in a "tate court of competent jurisdiction
in and for the county or other political subdivision of
the state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is sit-
uated, and not elsewhere.
4. The amount of this bond shall be reduced by and
to the extent of any payment or payments made in good
faith hereunder, inclusive of the payment by Surety of
mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount
of such lien be presented under and against this bond.
JUNE
19 84
JAMES M:::CULlAGH rn., INC.
(Principal)
(Seal)
'- >
WILLIAM H.
/;--~
DOREMUS (Title)PRESIDENT
d INSURANCE COMPANY OF NORTH AMERICA
0~ /2 lm~ 1 (Su,ety)_
. (Witness) ~YU-~
nAVID W. OOSEHILL, mtle)ATI'ORNEY_IN_FACI'
{Seal}
AlA DOCUMENT A311 . lABOR AND MATERIAL PAYMENT BOND. FEBRUARY 1970 ED.
4
NEW YORK
STATEOF
W\SSl\.l,J .
On this . . .2.om. day of . . JUNE ,19 84. . before me personally appeared
DAVID W., .~mn;IJ,. to me known who, being by me duly sworn, did depose and say: That he resides in . .E.AST. NORI'HPORr,. .NEW. .YORK
; that he is Attorney-in-Fact of the INSURANCE COMPANY OF NORTH AMERICA, the
corporalion described in and which executed for foregoing instrument: that he knows the corporate seal of the said Corporation; that the seal affixed
to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name
Iher810 as Attorney-in-Fact by order of the Board of Directors of said Corporation; and the deponent saith further that the Superintendent of Insurance
of the State of New York has, pursuant to Section 327 of the Insurance Law of the State of New York, Issued to the INSURANCE COMPANY OF
NORTH AMERICA his certificate that said Company is qualified to become and be accepted as surety or guarantor ')n all bonds, undertakings and
other obligations or guarantees, as provided in the Insurance law of the State of New York and all laws amendatory thereof and supplementary
thereto; and that such certificate has not been revpked; and that the assets of said Company, unencumbered and liable to execution exceed its debts
and liabilities of every nature whatsoever, by Eight Hundred Thirty Three Million Dollars ($833,000,000)
IS::;ness my han:;~::~a:~~~~:yearaIOresald ~. .~.
Nol8rt PYblic. Stale of New YOfI<
No. 30-4783740
Quetified in NB'lB9U County 0("
Comml_ Ext>lres March 30, 1~
BE IT REMEMBERED, that at a regular meeting of the Board of Directors of the INSURANCE COMPANY OF NORTH AMERICA, duly called and
held at the office of the Company, in the City of Philadelphia, State of Pennsylvania, on the 28th day of May, 1975, a quorum being present, the follow-
ing Resolution was duly adopted
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, the following Rules shall govern the execution lor the Company of bonds, undertak-
Ings, recognizances, contracts and other writings in the nature thereof:
11) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for and in behalf of
the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when
necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed thereto; and that the Presi-
dent or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact to so execute or
attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thereto.
121 Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case though signed by the President and
attested by the Secretary
13) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted pur-
suantto this Resolution, and the signature of a certifying officer and the seal of the{:ompany may be affixed by facsimile to any certificate of any such
power, and any such power or certificate bearing such facsimile signature and seal sh.;tll be valid and binding on the Company
(4) Such Resident Officers and Attorneys-in.Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and
any affidavit or record of the Company necessary to the discharge of their duties
(5) The passage of this Resolution does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953."
COUNTY OF
COPY OF RESOLUTION
Financial Statement December 31, 1980
Admitted Assets Liabilities
Cash in Office and Banks.
Government Bonds 1amortized values)
Miscellaneous Bonds lamortized valuesl.
Stocks (market value)
Accrued Interest.
Real Estate
Premiums in Course of Collection
Funds Held by Ceding Reinsurers.
All Other Assets
$ 96,097,157
$ 435,823,817
$1.522,819,347
$ 981,108.485
$ 42,975.968
$ 9,905,235
$ 317,363.748'
$ 22,115,077
$ 228,627.484
Unpaid Claims and Claim Expense.
Unearned Premiums
Reserve for Taxes and Expenses
Other Liabilities.
Funds Held by Company under
Reinsurance Treaties.
Reinsurance in Non-Admitted Companies
Ceded Reinsurance Balances Payable
Capital Paid In
Surplus Paid In .
Unassigned Surplus
$
$
$
$ 56.785,545
$ 137.100.213
$ 639.510.916 $
$1.821,839,048
$ 660,842,391
$ 53,879,527
$ 168,000,585
24,578,936
22,014,993
72.484,164
833.396.674
$3,656.836,318
$3.656.836.318
mo
"'0
'9;>-
.1-
,in Fa t 01 the INSURANCE COMPANY OF NORTH AMERICA at. . .ROSLYN. .l:IEIG1:I'rS,..NEW .YOl'U\.
ull force and effect as of the date hereof, that said appointment was made under and by authority of the foregoing
as been compared by me with the original thereof as recorded in the minute book of said Company and is a true
in full force and effect, and that the foregoing is a true and correct statement of the financial condition of the said
hereunto set my hand and affixed the seal of said corporation this.
20TH
o__.._~ "-jp~
......~..~........,."".......
Secretary
BS 15581a Ptd_ In USA
5TATB OF ...n"':;;;1~!5!5n....,-...n-n' } SS:
COUNTY OF.HU.______________..____.o____..u____
On this
20TH
----------------
.....____u...__.__________day of.
JUNE
84
___.___~___.~___.______.19_H...._' before me personally
WILLIAM H. OOREMUS
appeared___________ ._.._ __n_...h._...____________...___.________. _______._~_h__unn_______ _. _ _. _____....uu_ ._.__. ___n_ ----.. ---- - - ---
with whom I am personally acquainted, who, being by me duly sworn, did depose and say:
.' JERICHO . PRESIDENT
That he re::'ldes at.u_____n ..._________.__u...________________________________________......_._.tbat he IS the_n.____n.. .-.------------~_______ .-----.
of th.,""'",..,;r~n~n~Q'._Ju,J;Nt;;'."_n'..uu..____.."'..n...nn_hu______'...'......__nh........'.___UUn___UUh...
the corpor.ltion described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation;
that the seal the.eto aftixed is such corporate seal: that it was so affixed by order of the Board of Directors, and that he signed his
name thereto by like order.
BR(Il:Z):ZJ 205128
",--DENISE CUCURULLO
-r Public. S_ of _YOIt
No. 30-4783740 l'
qu~lified i~ Nassau CountY {f t\
CommlssfOO ExPfres March 30, 1~
i)~,\.,~___a:U.Uu.~..u.___,...,.
Notary Publu
CoulSty
#490038
POWER OF
ATIORNEY
Insurance Company of North America
o CIGNA comPOrt!
~
Know eU men by the$e pre$ants: T~at II\ISURANCE COMPANY OF NORTH AMERICA, a corporation of the
Commonwealth of B-e:0f)~yJvania, havin~::i~:prtncipaI9f~!c~,)?,th:e-:C'itypf Philadelphiil, PennsylI/3fl.ia,,:p~rsuan.tto the following Aesolution
adopted by the Board:::otDl{ectors of the::$aid:-CompaQyonMa:rch-2~;1977;to wit:
"RESOLVED, purst<:a:tl:j.-1bA"icles 36 and 5,l<he~v-Laws,;:"r,t1:1ollowi"g Rules shall gov_ilt~II1l!.ejecUllOn IO~:1he(cr:1pany bf:t>(mds ufldenakings;teL'9tm<<ar.'c,€s, Lon'_raclS and other w';\Ings
,n t~,e nature thElreof
IIi Thal the P'~Stden:, or a<1-~:'f:xliLutive Vice PIeS:1,imii:t,Senior Vice:Ptesl~nt. Vice PreStdenl. AssrSliiritVite,f'res,deN:_ R)is..tienl V'c:~p[",~((te:~lt or Anumey-.n-Fat:r;:fl:'ii; e~ccute tor and m behalf of tne
Compar1y ar1y I'M all bonAA,""AArt~Ulgs,_nocdg:rJliai'1ces, COlltraqs:ar1d other w1,tmgs ir1 Ihe MhH~:t~rf;!of, the',;arneI0 be attasled:whe:r1 r1eCessilry by the S~f.:~t')a(\,:. Or a ReS'denl Secretary, an
Assjstarlt Secretar\, or a R6~i'rdenl)'\ssistaf\lS~(tia:ry and theSl3:<llbl:the Company afllxed theretti::a.f\rHhat lhe preSJ€!il'Fit, Or art-yE::"ecvi~e V,ce President, %Y\rl)fViCliPresident, or V,ce President
may appomt and autholl2e_,(\sslStit,,:t VlCe)I:le,,;,~W:rts. Resrde:n~Yj0~PIeS'dents, &!c(etape5, Rest{j~nJSi:\crelaTL~,As<;is~fl1 S€cre-ia-r'e~,__Reslde<11 As.~jstant Sec.elaiieS.:Jnd Attorrreys-H\-~aCllo so
execute or allest to the execu:t'lo/1- pf:a11 slJ.Ch w"tmgs on benallD-fltjB-C-ompllny ,lIld to affiX Ihe saaJ (Ii IheCompanyt"er-eto
(2) Any such writing execuled ,n-accQtdriincewi)-I':dhew Ru1es shaH:fi:easbJnd,ng upon the Compan\' in ;lii<t:case as thri:,,~jli~igned by ttiePfesid~"t and altestea O\- rheSeUelary
i31 The s.gnalure 01 the P,esiden(Qt:an E~etllt.\I:€V.ce Presiden!. orSen,or,yrce P,esia€nt. or V:,,:;(lR~-esr'dent and t~e$li:a;Qflhe Com!lanyrii\iy be a'flxed bl' 'ilC'Sfin"eonany power of al~O,r,ey granted
pursuant to this Resolution, i1nd-1t,€'$lgt1;l1<;,;:eof iI ce<lofying olfn','-e-rar,dtiieseal of the C"i:!ipin\yrT10Ybe ~ffi~€d):ly-!ilrisimile to afoyci?rlii,cale Of an~ S"J~hp6;';:t>rMd any such pow/!! 0' certrll<;ale
bealing sucn /acslmile s,gnatuleaf1qgeal'sfi.'llIbe vil~d and bind;ngcihJ~~:C<JIJ1P_any
i4) Such ASSlslant Vice Presidents, S:ii:o(<:t;$rji\:ii;:Assistanl Secretaries. Residefl10f1iCeN:atld:AJtoriieys-m-fact shaIIN""ilc,ll1o"ty tocerl'hO'~iiot~c;)p~i:int;rsResQlutioll, 1he By-Laws 01 the Com-
panY,BndallvaH,davitorrecordoftheC6inpanynecessalytolhec!;schargeo-tltrEfi,a'-lties
151 Tile passageolth's Resolution does not revOke any earlier authorFly s,anted by Re.solulions of the. Board of D"e[~tOfs adop1ed on June 9, 1953and May 28, 1975'
does hereby nominate, constitute and appoint WILLIAM A. MARINO, DAVID W. ROSEHILL, HELEN
THOMAS P. VAUGHN, all of the City of Roslyn Heights, State of New York
A.
LALLY,
and
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- -------- ------ -- - -- - - --, each mdividually if there be mOfethan one named,
its true and lawful attorney-in-fact, to make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings,
recognizances, contracts and other writings in the nature thereof. And the execution of such writings in pursuance of these presents, shall
be as binding upon saId Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers
of the Company at its principal office.
IN WITNESS WHEREOF. the said
has hereunto subscribed hIS name and affixed the
this II th
H.
F.
McCRANIE. JR~ , VIce-PresIdent,
said INSURANCE COMPANY OF NORTH AMERICA
19 .J!L
of the
Mav
corporate seal
day of
.
.
'NX7ANCE COMPANY OF NORTH AMERICA
by .~ me C~/_a/_
H. F. McCRANIE, JR. v'c-.&e~~>t
ISEAL!
STATEOF PENNSYLVANIA
COUNTY OF DELAWARE
On this
Public of the r()MM()N~a;T.lT"H
ss~
ll-t-:h- day of M::lY ,A.O;--:t$84_, before me, a Notarv
()J:;':_PR~ insf):cffqr the County of DELAWARE came ~_.~::::~:::::~:;:.::::
H .F.McCRANIE, JR~ .... . ". . . Vice'Presf,!~61bf the INSURANCE
COMPANY OF NORTff:AMERIC;:A:lQme perS(H)8'lly known to be th~::-trlqJvidua~)~Il9:::ijffjcer:Whl:{~xecuted the prBc~~ng instrument and
he acknowledged thAt he executeo the same, and that the seal affixed to the prec:edmg Instrument IS the corporal-e seel of said Company,
~"'"-"f"f'
that the s~ ~i'ff!.~2d hiS s~gnature were dl1ly affixed by the authoflty and dlrectfOt'l of the said corporatton, and that Resolution,
adopted MU6 *S:Of-sald Company, refeHed to In the p-re:cedmg lrtStr.vment, IS now tn force
~ .,
l~ STL4I'Qti,Y. .. OF, I have hereunto set myhan:d and affixed my offtClal seal at tbe City of RADNOR
the d anf. y~~ .::::.~k ~.ttt /k/?,< Cd C~
" . ANIff I'f. COSGROVE - N<lml Public
ISEA~ "0\ OBL\Ci; E 8lJ1lMa.r,3e1""leCoun~. PA ANNE W. COSGROVE
". ~MmmiSSiO"~"'! ,., Comml$sion Exp,,, Sept 21 198/
\.~<ir~!/G~I)l.."lj. ~SllUCl Secretary of INSURANCE COMPANY OF NORTH.Al!IlEJtICA, do hereby certify thet the orrgrnal
POWER O~..,;~tj}!)I;{N-E\V ;''''~hich the foregOing is a full, true and corre<;;tcopy, is in fut! forceart.d effect. '
\l4J~"H.'''' .
In witness Whereof, I have hereunto subscribed my name a~ecretary., and aWxed the corpoJa.te,sea:l of ,the Corpofijti,dn,
this ~. 20TH day of :ltlNP. Hi 84
~~s~.1YL~~~t-seuel"Y.
Notary Public
ISEAL!
.
~
8S-15b19a Plain us A
.
." .
.
.
~
CG'ouem!r' CG'+
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
r
-,
Inc. Village of Greenport
236 3rd Street
Greenport, New York
L
.J
All operations performed by James McCullagh Co., in connection with Southold Scavenger
Fle: Waste Project, Contract No.3: Plumbing C36-1120, SOTH83-02
XJ On behalf of our client: Town of Southold &/or Town Board, Town Hall, Inc. Village of
Greenport, and Holznacher, McLendon & Murrell P.C.
Enclosed please find:
fI Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
D Builder's Risk Binder(s) Policy
D Endorsement amending policy as shown below (see remarks)
[J Please refer to remarks section below.
[J Enclosed please find items indicated above, in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records).
[J REMARKS:
cc:
Town of Southold &/or Town Board
Inc. Village of Greenport
Holznacher, McLendon & Murrell P.C.
Very truly yours,
ALLIED COVERAGE CORPORATION
// 'If '/
C;~.e:/Lt/. ~ /, ~ -'
'Kathleen O. elrod
~
PROOUCER
Allied Coverage Corporation
165 Roslyn Road
Roslyn Heights, New York 11577
COMPANIES AFFORDING COVERAGE
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUB..JECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH :POLICIES.
cor
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFfECTIVE
DATE (MMIOOIYY)
f LIABILITY LlMIT~ '.N TH()~SANI:)_~_
EACH- -
OCCURRENCE AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISEs/OPERATIONS
UNDERGRDUND
EXPLOSIDN & COLLAPSE HAZARD
PRODUCTSlCOMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAl INJURY
BODilY $ $
INJURY
PROPERTY $ ~-
DAMAGE
81 & PO $ $
COMBINED
AUTOMOBILE LIABILITY
ANY AUTO
AlL OWNED AUTOS (PRIV. PASS.)
AlL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON.QWNED AUTOS
GARAGE LIABILITY
PERSONAL INJURY . F--
""'LV
~""'I $
""'LV
INJURY $
IPER""""'"
b~~~'r" $
~t~~ED $
R~CESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
1~~~ED1~__J $
(EACH ACCIDENT)
(DISEASE,POLlCY LIMIT)
$ (DISEASE,EACH EMPLOYEE)
$3,000,000 BI per Oc,
$ 500,000 - PD per Oc,
,000 Aggre~ate
WORKERS' COMPENSATION
ANO
EMPLOYERS' LIABILITY
OTliER
A ~Nller's Protective
Unassigned
6/8/84
6/8/85
L:'
DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECJAL ITEMS
As rlOspects to all operations performed by/for James McCullagh Co. ,Inc. in connection with
Southold Scavenger Waste Project, Contract No.3: Plumbing (;36-1120, SOTH83-02
~:lE
ICA TE I~OLDER CANCELLA TI
Ine. Village of Greenport
236 3rd Street
Grl;enport, New York
SHOULD ANY OF THE ABOVE DESCRIBEO POUCIES BE CANCELLEO BEFORE THE EX-
PIRAT~ OATE THEREOF, THE ISSUING COMPANY WILL ENOEAVOR TO
MAlL_OAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEO TO THE
LEFT, Bl1T FAILURE TO MAIL SUl:H NOTICE SHALL 1_ NO llIILKlAT10N OR LIABlUTY
OF ANY KINO UPON THE COMPANY ~TS_ AGEN!!, OR..)IEPRESjIITATIVE,).
AUTHORIZED REPRESENTATIVE t j ~ /" f /
.---~IIIL1~:I.~.u..l:}:l!
qc
CERTIFICA. E. OF INSURANCE
-
...:I......-~.l:l91'.,.~.l'J.'lo
ISSUE DATE (MMIODNY)
6 21 84
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFIC:ATE HOLDER. THIS CERTIFICATE DOES NOT AMEND.
EXTEND OR ALTER THE COYEFIAGE AFFORDED BY THE POLICIES BELOW.
AlUed Clovuq. Corporation
1~5 Boa1p Boa4
ilAllIlya IelPta. B_ YOJ.'k usn
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
rederal 1_ <." _ IID7
INSUFIED
1_ of Soatllold 'lor Ton Board. 'fcnm
BaU. 5309' JIa1a load. SOlItllold. 11.1'.;
_5 IDe. V1llap of Green:port. 236 3rd
St.. Qreuport. 11.1'. aIJIlI Bolsuadler.
Jkl1--"- .. lIlIrrall P.C.. 125 Bayl1s lid.
Hal.ville ... York
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
E
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABove FOR THE POLICY PERIOD INDICATED.
NO'TWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEP-IT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AffORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.JECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI.
TIONS OF SUCH POLICIES.
~I TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDD/YY}
POLICY EXPIAA noN
DATE(MMIOOIVY}
AGGREGATE
GIENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERA TlONS
UNDERGROUND
EXPLOSION & COLlAPSE HAZARD
PROQUCTSlCOMPlETED OPERATlONS
CONTRACTUAL
INDEPENIINT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
BODILY $
INJURY
PROPERTY $ $
DAMAGE
BI & PO $ ~-~ --
COMBINED
PERSONAL INJURY
$
AUTOMOBtLE LIABILITY
ANY AUTO
All OWNED AUTOS (PRIV. PASS)
All OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
~-T!__~
""LV
WJJRY $
Il'ER.''''''1I]
~~~~~TY $
~6t:~ED $
F>l:CESS LIABtLlTY
UMBRELLA FORM
OTHER THAN lIMSRElLA FORM
L
"f-
BI & PO
COMBINED _~ _ _
STATUTORY
$
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABiliTY
OTHER
A o-r's Protective UDaaa1gned
Lialo:ll:ln
DESCFIIPTION OF OPERATIONS/LOCATIONSNEHICLESlSPECIAL ITEMS
As r,aapects to all operationa perfoDled by/for: ~ !IcCullagb Co. ,lue. in CGIlJ1eCt1on with
lknIt'hold Scavenger Vaat. Project. Contract Ro. 3: Pl__ing C36-U20. SOrBB3-02
6/8/84
6/8/85
(EACH ACCIDENTl
(DISEASE,POllCY liMIT]
$ _ _ ___(DISEASE'EACH EMPLOYEE)
$3.000.000 - B1 p. 0;;-
$ 500.000 - PD per 0&.
~ooa~A.ArA~~
In.~. Village of Greeaport
235 3r4 Street
Gr,eenport. 11_ York
.
.
~
'G'~ 'G'~.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
June 21, 1984
r
-,
Inc. Village og Greenport
236 3rd. Street
Greenport, N.Y.
L ~
F~e: All operations performed.- Contract No. 3.- Plumbing C36-1120, SOTH 83-02.
C~ On behalf of our client: James McCullagh Co., Inc.
Enclosed please find:
~ Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
o Builder's Risk Binder(s) Policy
o Endorsement amending policy as shown below (see remarks)
[J Please refer to remarks section below.
[J Enclosed please find items indicated above. in accordance with your request.
Please distribute original and one copy to the proper party lone copy should
be kept for your records).
[J REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
c:c: James MCCullagh Co., Inc.
mm
~/~~Mt ) ,
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Kathleen O. Axelrod
,
qc
, ,
AB
CERTIFICA. E. OF INSURANCE '
..-!l'1l;
MIDDNY)
I, 1984
PRODUCER
THIS CERTIFICATE IS ISSUED All A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Alli.ed Coverage Corp.
165 Roslyn Road
R()slyn Heights, N. Y. 11577
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
Federal Insurance Co.
INSURED
James McCullagh Co., Inc.
75 E,ast Bethpage Road
Plainview, New York, 11803
<:n" T"~'u:ance Office Ltd.
Pa . . Indemnitv Co.
Accident &. Tndp.mnity_
oIil"'l:u
AGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
N01rwrrHST"'NDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.IECT TO ALL THE TERMS, EXCLUSIONS, AND COND.
TIOI~S OF SUCH POLICIES.
~~ TYPE OF INSURANCE
A
GI:NERAL LIABilITY
COMPREHENSNE FORM
PREMlSESIOPERA TIONS
UNDERGROUND
EXPlOSION & COLLAPSE HAZARD
PRODUCTSlCDMPlmD OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PflOPERTY OAMAGE
PERSONAL INJURY
B
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (OTHER THAN)
PflIV. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
~CESS LIABILITY
A rl UMBRELLA FORM
C1' .. OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTIHER
D N.Y.S. Disability
POLICY NUMBER
POliCY EFFECTM
DATE (MMIDDIYV)
[ CiABILlTYLlM~TS IN THOUSANDS
_JX;C_=-~l_~~REGATE
,. -- . m 1$ - ,
~~~ $
1$
POI.1CY EXPIRATION
DATE (t.1M/DDI"IY)
GLP (85} }154 13 99
5/31/84
5/31/85
b~~~TYl$
:,&:~' _$ _m
COMBINED
~~,__OO.
500.
$
PERSONAL INJURY
$
, 7961, 21 44
~~)I$_ _m'_
5/31/84 5131/85
~":""Nn[$
PROP~~~$
DAMAGE L_
I g~t.~[l.EDI $ 500 .
5/31/84 ,5131/85J~t.~:E+-I0'OOOr- 10,000
5/31/84 ! 5131/85 I STATUTOOY--
, _$ 100
$ _'ion
'-- ~ 100u
5131/84 !i~~:~:"J n,
As respects to all operations performed by/or for
with Southold Scavenger Waste Project, Contract No.3:
as additional insureds: Town of Southold and/or
.BAP (85) 7305..,86...,96
7021 53 91
(EACH ACCIDENT)
(DISEASE,POLlCY LIMIT)
(DISEASE,EACH EMPLOYEE)
DB!, 152'>94
DESCRIPTION OF OPERATIONS/lOCATIONSNEHICLES/SPECIAL ITEMS
Jamles McCullagh Co., Inc. in connection
Plumbing C36-ll20, SOTH 83-02. Included
Boa:~d and Inc. Village of Greenport.
oj:!:..I:
Inc. Village of Greenport
236 3rd. Street
Grelsnport, N. Y .
..:,'{I{']::l'.
SHOULD ANY OF THE ABOVE [IESCRIBED POUCIES BE CANCELLED BEFORE THE EX-
PIRA~QN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL:;' - DAYS WRITTEN NIOTICE TO THE CERTIFICATE H DER N EO TO THE
LEFT.BUTFAlLURETOMAILSUI~~. CE~.~A~.~ NO TI OR...LlABIUTY
OF ANY KIND UPON THE COMF1"Jr_' IT} A~~~~P S NT __-=~. _ _____
AUTHORIZED REPRESENTATIV"'~.!~'---! T
. -:::fi.j!:y,,-v,
lIiJl.:.l~lal'.Ii.'lil;l'li.,.:.,..[.]~ftI:r:
c; ·
._s.._,_;t~
IS5UE'OATE (MMIDOIYY)
J_ 21, 1984
CERTIFICA'. IE OF INSURANCE I
PRODUCER
.uu.. ee.r.. c.p.
10 :18a1Ja ....
...1:,. -.,.,... .. Y. mn
THIS CERTIf'1CATE IS ISSUED A'l A MATTER OF INFORMATION ONlY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND 011 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER FMaal Iuw_ Co.
COMPANY .
LETTER ... X-~ Office Lti.
COMPANY C
LETTER ..dUe T~ in Co.
COMPANY D
LETTER 1ilInfonI: iari"'l"'lt .. T....m ~
COMPANY E
LETTER
INSURED
..... '"-"tll__.. Co.. 1JIc.
75 aut w...... ....
.1ai:.u... .. Y_1t UI03
oro1'.l't
AGES
THIS IS TO CERTIFY THAT POLICIES OF'INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVe FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUME~IT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE rssUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.JECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
COI
LTR
~:CESS LIABILITY
A UMBRELLA FORM
OTHER THAN UMBRElLA FORM
C[
)) ~:;:~. tiAltU1t)' UL UZ5~ 131./14 U
DESCFIIPTIQN OF OPERATIONSlLOCATIONSNEHlCLESlSPECIAL ITEMS All reapect:s 1:0 all operatioJul ptKtoz:-.d by/_ f=
J_as HcCW.l&9h Co., IDe. in ~ with Southold ScneDger Waste ~j..o CI:lauac~ No.3.
Pl.lIbiDq 06-1120, SO'1'B 83-02. IDCludeC1 as addiUoDal. iDsuzed.. 'l.'oom of soa1:hold 1I1JtIl1ar:
aoa:rd aDd. lac. Village ~
tl'I:llI
TYPE OF INSURANCE
G1::NEAAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARO
PROIJUCTSICOMPLETEO OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAO FORM PROPERTY OAMAGE
PERSONAL INJURY
.
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNEO AUTOS (PRIV PASS.)
ALL OWNEO AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON,OWNED AUTOS
GARAGE LIABILITY
WORKERS' COMPENSATION
AND
EMPLOYERS'L1ABH...ITY
IDe. Village of GneDpart
236 3rd. st:reet:
Gl:eanpc:Kt, N. Y .
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDIYY)
POLICY EX;I~;ION L~_~~AB1LiTY_I!~Ti~_"!"~OUSANDS-~
DATE (MMiOO/YY) .-.----EAC. H ~AGGREGATE
J..- OCCURRENCE L.. __
CD (U)7U4 13 "
BODILY $ $
5/31/14 5/31/15 INJURY
PROPERTY $ __F__=
DAMAGE
----- .L-
81 & PO $
COMBINED
PERSONAL INJURY $
- liKlllLY
INJJRY $
S/31/14 131/8S (PEllP'ERSOOI
BOOllY
""RY $
(PER ACCIDENT}
.... (15) 730S " 96
7961 21 44
PROPEATY $
I DAMAGE
gbt~~ED I $500. ,..
BI&PO $ 1$
COMBINED~:.0CI01 10.000
5/31/14
5131/84
131IU
131/15
7021 53 91
STATUTORY
(EACH ACCIOENT)
(OISEASE,POLK:Y LIMIT)
(DISEASE,EACH EMPLOYEE)
SHOULD ANY OF THE A80YE I)ESCRI8ED POUCIES BE CANCELLED BEFORE THE IEX-
PtRAlK>N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
IIAIL~DAYS WRITTEN I.oTICE TO THE CERTIFICATE HOl.DER NAIlED TO THE
LEFT, arr FALlHlE TO MAIL SllCH NOTICE IlHAl.L _ NO OIILJQATIONOA LIAIIILITY
OF AMY KlNIllM'ON THE COIII"ANY. ITS ~NTS ~~S./
AUTHORIZED REPRESENTATIVE 4' .j p~ /7jf //
/ V l' '-.L' .. .d....
./
_0 ,_.~"''''I.~l:1i
.
.
~
e&lfJe."'~fIR' <;f+.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
June 21, 1984
r
..,
Holzrnacher, McLendon & Murrell P.C.
125 Baylis Road
Suite 140
Melville, N.Y.
L
..J
Fle: All operations perforrned.- Contract No. 3.- Plumbing C36-ll20, SOTH 83-02.
x~~ On behalf of our client: James McCUllagh Co., Inc.
Enclosed please find:
x~ Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
D Builder's Risk Binder(s) Policy
D Endorsement amending policy as shown below (see remarks)
[J Please refer to remarks section below.
[J Enclosed please find items indicated above, in accordance with your request.
Please distribute original and one copy to the proper party lone copy should
be kept for your records).
[J REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
/'
~'{l I
~' Kathleen O.
GC: James McCullagh Co., Inc.
mm
PROOUCER
Allilad Coverage Corp.
165 Roslyn Road
Roslyn Heights, N. Y. .11577
INSURED
James McCullagh Co., Inc.
75 E,ast Bethpage Road
Plainview, New York 11803
THIS CERTIFICATE IS ISSUED All A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFlC.UE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVER~GE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
Federal Insurance Co.
Sun Insurance Office Ltd.
Pacific IndemnitvCo.
Hartford Accident & Indemnity.
,,~
AGES
THI~S IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED I~AMED ABOVE FOR THE POLICY PERIOD INDICATED.
N01rwlTHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE IISSUED OR MAY PERTAIN. THE INSlIRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB..;IECT TOA.lL THE TERMS, EXCLUSIONS, AND CONOI.
TIOINS OF SUCH F'OLICIES.
~l TYPE OF !NSURANCE
GI;NERAL L1ABlllTY
A X COMPREHENSIVE FORM
X PREMISES/OPERATIONS
X UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X PRO~UCTS/COMPLETED OPERATIONS
X CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAl INJURY
~CESS LIABILITY
A N UMBRELLA FORM
Cj' OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
T~THER
D_LY.S. Disability DBL152594 /31/84
DESCR,IPTION OF OPERATIONS/LOCATlONSNEHICLES/SPECIAL ITEMS As respects to all operations performed by lor for
James McCullagh Co., Inc. in connection with Southold Scavenger Waste Project, Contract NO..3:.
Plumbing C36-1120, SOTH 83-02. Included as additional insureds: Town of southold and/or
Town Board and Inc. Villa e of Green ort.
oJ'!:"1
AUTOMOBILE LIABILITY
B ANY AUTO
ALL OWNED AUTOS (PRIV PASS.)
AlL OWNED AUTOS (OTHER THAN)
PIlIV. PASS.
HIRED AUTOS
NON,OWNEO AUTOS
GARAGE LIABILITY
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIOOIYY)
I L1ABIUTY LIMITS IN THOUSANDS
_EACH" "'L
QCCVR~E~_ _~GGAEGA!~
l$--
~
l$~
POLICY EXf1lRA TION
DATE (MMIDOIYY)
GLP (85} 7154 1399
BODilY
INJURY
$
5/31/84
5/31/85
6~~~~~TY $
~ht:~ED $
PERSONAL INJURY
$
nAP (85}7305-86~96
"",-v
IIWIY $
(PERPOOJIjI
m.v
IIWIY $
(PER""1lfNT)
5/31/84 5/31/85
:;~~a~1Y $
7961 21 44
81 & PO
COMBINED
5/31/84
7021 53 91
5/31/84
(EACH ACCIDENT)
(OISEASE,POLlCY LIMIT)
Holzmacher, McLendon & Murrell P.C.
125 Baylis Road
Sui.te 140
Melville, N.Y.
SHOULD ANY OF THE ABOVE DESCRIBED POUCIE$ BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL~DAYS WRITTEN ~IOTICE TO THE C~RT IFlCATE HOLDE . AME. D TO THE
LEFT. BI1T FAILURE TO MAIL SU::H ~ LITY
OF ANY KIND UPON THE COMF.ANY, 7AOJN~ _ ___ ___
AUTHORIZED REPRESENTATIVE .-- . ----
f
"\
~
C(f~ C(f~.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
r
,
Holznacher, McLendon & Murrell P.C.
125 Baylis Road
Suite 140
L Melville, New York .J
All operations performed by James McCullagh Coo, in connection with Southold Scavenger
Re: Waste Project, Contract No.3: Plumbing C36-1120, SOTH83-02
1] On behalf of our client: Town of Southold &/or Town Board, Town Hall, Inc. Village of
Greenport, and Holznacher, McLendon & Murrell P.C.
Enclosed please find:
:p Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
o Builder's Risk Binder(s) Policy
o Endorsement amending policy as shown below (see remarks)
o Please refer to remarks section below.
o Enclosed please find items indicated above. in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records).
o REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
cc:
Town of Southold &/or Town Board
Inc. Village of Greenport
Holznacher, McLendon & Murrell PoCo
'r~A( J}tg~
Kathleen 00 Ax:l od
PRODUCER
Allied Coverage Corp.
165 Roalyn Rd.
Roslyn Heights, N.Y. 11577
COMPANIES AFFORDING COVERAGE
INSURED
Town of Southold
and/or Town Board, Town Hall
53095 Main Rd.
Southold, N.Y. 11971
~~es Mccullagh Co. Inc.
75 East Bethpage Rd.
Plainview, N.Y. 11803
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
Hartford Accident & Indemnity Co.
AGES
...tl'l.=!i
THIS IS TO CERTIFY THAT POLICIES Of' INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED ~IAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEN1' WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJI:CT TO ALL THE TERMS, EXCLUSIONS, AND CONOI.
TIONS Of' SUCH POLICIES.
~ TYPE()FINSURANCE
POLICY NUMBER
POLICY EFfECTIVE
DATE(MtMJDIYV)
POLICY EXPlRA T10N
DATE (MMIOONYl
LIABILITY LIMITS IN THOUSANDS
OCC~~NCE AGGREGATE
AUTOMOBILE LIABILITY
/>JlY AUTO
AlL OWNED AUTOS (PRIV. PASS.)
AlL OWNED AUTOS (OTHER THAN)
PRIV PASS.
I HIRED AUTOS
! NON-OWNED AUTOS
GARAGE LIABILITY
BOOIL Y $ $
INJURY
PROPERTY $ $
DAMAGE
Bl & PO $ $
COMBINED PERSONAL INJURY $
BOOLV $
.wRY
(PER""'"'
ODlV
INJURY $
(?eRACX:IifNn
PROPERTY $
DAMAGE
BI & PO $
COMBINED
GENERAL LlABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNOERGRIlJNO
EXPlOSION & COLlAPSE HAZARD
PRllDUCTSICOMPlffiO OPERATIONS
CONTRACTUAl
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAl INJURY
~:cess L1A~L1TY
UMBRELLA fORM
" OTHER THAN UMBRELLA fORM
~bt:~ED $
$
STATUTORY
WORKERS' COMPENSATION
AND
EMPLOYERS'L1ABILlTY
(EACH ACCIDENT)
(D1SEASE,POLlCY LIMIT)
(DISEASE,EACH EMPLOYEE)
Limit - 29,400."All
Risk" . Subject to a
$250. deductible
~O"HER
A Installation
loater
DESCBIPTION OF OPERATIONSlLOCATIONSNEHICLESlSPECIAL ITEMS
As respects to all operations performed by/for James McCullagh Co., Inc. in connection with
Southo1d Scavenger Waste Project - Contract #3 - Plumbing Work C36-1120 -SOTH83-02
on binder
6/8/84
6/8/85
Town of Southold
and/or Town Board, Town Hall
53095 Main Rd.
Southo1d, N.Y. 11971
.:.lif.~
c <:}Cor
~~uu:mw;
ISSUE DATE (MMIDDIYY)
PRODUCER
THIS CEATIFtcATE IS ISSUED AU A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFIC.ATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTENO OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Allied ~age 00zp.
165 lloalyn Rd.
Iloalla Bai.gh1:a, N.Y.
COMPANIES AFFORDING COVERAGE
11577
COMPANY A
LETTER
HarUord AccideJlt I; tM.
ftyCo.
IN= of Soutbold
~r~rd, 'l'oIm Hall
SoathoJ.d, II.Y. 11971
L MaCIIl~ Co. Inc.
75 But ~'lpap Rd.
Plaiaviw, N.Y. 11803
"01'1=1.
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
lETTER
COMPANY E
LETTER
AGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEfllT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUB.JECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
col
LTRJ
TYPE OF INSURANCE
POLICY NUMBER
POLICY EfFECTIVE
DATE (MMIOD/YY)
POLICY EXPIRATION
DATE (MMJDDIYY)
LIABILITY LIMITS IN THOUSANDS
occ~~~ E AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COlLAPSE HAZARD
PROOUCTSlCDMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
~~l~~ $
$
A.UTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (OTHER THAN)
PRlV. PASS.
HIRED AUTOS
NON-OWNEO AUTOS
GARAGE LIABILITY
~~~~~TY $-r
~~ED $ --y-
PERSONA~NJUR~]$
~-
l~~~~).l $.~___"
~~I~~
6~~~ $
:r;---
81 & PO
COMBINED $_
~'(CESS LIABlUTY
UMBRELlA FORM
OTlifR THAN UMBRELLA FORM
1
~ ti:=1atiOD on bt~
DESC;RIPTlON OF OPERATIONSlLQCATIONSNEHICLESlSPECIAllTEMS
All :I:1UlpeCta 1:.0 all apu:atioas perf~ '1:Y!//faz: J_ MaCllllllgh Co., Inc. in c -rtiOll with
Soa.t1Iold Sll"~ Was1:8 Project - Contract '3 - P1U11binq Wcltrk C36-112O -S0'!H83-()2
~ot,:~ED $
)$
STATUTORY
WORKERS' COMPENSATION
ANO
EMPLOYERS' LIABILITY
$
Lblit 29 ,400. "All
Risk- . SQbjec1: 1:.0 a
$250. deductible
(EACH ACCIDENT)
IOISEASE,POLlCY LIMIT)
(OISEASE,EACH EMPLOYEE)
6/8/84
6/8/85
l!I.=!.al
FICATE HOLDER CANCELLATION
'1'olm of Soat1lo1d
-.4/- 'leMa Boazd, 'leMa Ra11
53095 lIain ad.
SOat1lo1d. III.Y. 11971
SHOULD AMY OF THE ABOVE OESCfHED POLICIES BE CANCELLED BEFORE THE EX-
PIAATJQH DATE THEREOF. THE ISSUHfG COMPANY WILL ENDEAVOR TO
IIAIL~DAYS WRITTEN NOTICE TO THE CERTF1CATE HCIl.DI!:...-D TO THE
LEFT, BUT FALURE TO 11IM. SUCH NOlTCESIW.I. _ NO ~~ UAIIIL1TY
OF MY KINIl UPON THE COOPANY. ,!S -"!J.~PllEJll"'fTA7"S, ,
AUTHORIZED REPRESENTA~M "1 /.R / / I/.
AliVY.J-L:."-,,,,~J
._. ....-"~~~l~!!
lWt~---
.
.
RECEIVED
.
~
It'~ It'0Pju.
- 1984
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Tow~ Cl~,k So"thold
Bonds and Insurance
July 30, 1984
r Town of Southold ..,
and/or Town Board, Town Hall
53095 Main Rd.
Southold, N.Y. 11971
L ~
Re: As respects to all operations performed by/for James McCullagh Co., Inc. in
connection with Southold Scavenger Waste Project - Contract #3- Plumbing Work
C36-1120 - SOTH83-02
:gz On behalf of our client:
Town of Southold and/or Town Board, Town Hall
Enclosed please tflIR:I:James McCullagh Co., Inc.
XiI: Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) Policy
D Builder's Risk Binder(s) Policy
D Endorsement amending policy as shown below (see remarks)
D Please refer to remarks section below.
D Enclosed please find items indicated above. in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records).
D REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
~
, //'
~. /:;
,..',(tf7A~(' ,/C
/
/' / /
. i/ .~<L'~~c(?(/
Kathleen/O. AXelrod
cc: Town of Southold and/or Town Board, Town Hall
AND James McCullagh Co., Inc.
..
...
.
.
....' ~.... ...
~
tt'~ tt'+.
165 Roslyn Road
Roslyn Heights, New York 11577
(516) 626-9250
(212) 895-5550
Bonds and Insurance
r
..,
',.r' c-
(;,
(I
l
.J
Re:
,
. :'h,' ,~':';
'crT' Ii.
.' -,-
~ r .
.':.:,f),:.:'~..:..;.()n
'C ,_r._,",
"
(~ .
'1. l'
o On behalf of our client:
Enclosed please ffr1d: 'd' ,
1 ;~
'.- .
o Certificate of Insurance
DOwner's & Contractor's Protective Liability Binder(s) I::>olicy
D Builder's Risk Binder(s) Policy
D Endorsement amending policy as shown below (see remarks)
D Please refer to remarks section below.
D Enclosed please find items indicated above, in accordance with your request.
Please distribute original and one copy to the proper party (one copy should
be kept for your records).
D REMARKS:
Very truly yours,
ALLIED COVERAGE CORPORATION
cc:
c,<'
2",'" "'
JAMES McCULLAGH CO., IN\,.
75 East Bethpage Road_DJ:CEIVED
PLAINVlEW, NEW YORK 1180::1
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WE ARE SENDING YOU M Attached == Under serarate cover via
_the following items:
D Shop drawings
D Copy of letter
, Prints
[J Plans
~ Samples
o Specifications
D Change order
[J
NO.
iJ.;J~fa.fr:" ;:ldJ"tN
/Vo - j;1.. r /11 A'.A1 060
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THESE ARE TRANSMITTED as checked below:
D For approval
0 For your use
[J As requested
D For review and comment
D FOR BIDS DUE
D Approved as submitted
D Approved as noted
D Returned for corrections
C Resubmit_~copjes for approval
D Submit_copies for distribution
lJ Return~____corrected prints
L'
_19__~_ D PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO
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PART 2
This Declarations page, with "POLlCY PROVISIONS - PART 1", Form 4196, and endorsements, if any, issued to form a part thereof,
comPletes the below numbered INLANT lARINE TRANSIT POLrCY.
.g JJ Hartfo~ _ Fire Insurance Co..1pany
U [!] Hartford Accident and Indemnity Company
ci
u
~
THE HARTFORD
~ [!] h_ _ ~ford Casualty Insurance Company
u [!] Twin City Fire Insurance Compan}'
ci
u
Plaza, Hartford, Connecticut 06115
Hartford
The INSURER shall be the Company I Co. Code I
designated herein by Co. Code: -+ : 1 I
DECLARATIONS--Transit I'PreViOUS 'Polic1y No: -
Items ____ NEW I
1. Insured and Address )
(No., Street, Town, County, State, Zip Code)
POLICY NO.
12 TM
RM4060
JAMES MC CULLAGH CO INC
SEE ATTACHED ENDORSMENT
Producer's Code
+From
I
06-08-84 To 06-08-85 Years
12:01 A.M.,_ standard time at the address of the insured
1
2. Policy Period
I Producer's Name and Address
ALLIED COVERAGE CORP.
122777
L
_-.J
3. This policy covers only with respect to such of the coverages as are indicated by a specific limit of insurance applicable thereto. Subject otherwise
to all the terms of this policy having reference thereto: (a) the limit of insurance applicable to each "vehicle" shall be as stated opposite the descrip-
tion of each vehicle in Item 4 a; (b) the limit of insurance applicable to "two or more vehicles away from the premises" and applicable to each
Uterminal" shall be as stated herein; and (c) the "total limit of insurance" applicable to each "coverage" shall be as stated herein subject to the fore-
going provisions respecting each vehicle, two or more vehicles away from the premises and each terminal.
COVERAGES , LIMITS OF INSURA1',CE RATE PREMIUM
I
A. TRIP TRANSIT is Total limit of insurance $
B. MOTOR TRUCK CARGO - ,
Owner's Goods on Own Vehicles 1$ Total limit of insurance $
C. MOTOR TRUCK CARGO -
Carrier's Liability $ Total limit of insurance $
(Non-Reporting Form only)
.
t~F.' 0 (Non-Reporting Form) $ Two or more v~hicles away from premises
'f~ 0 (Gross Receipts Reporting Form) 1$ Terminal- 1 Locations as
~ is Terminal - 2 j described in Item 4
Ii 1$ Newly acquired terminals
D. ANNUAL TRANSIT :$
E. INSTALLATION FLOATER
. $ 29,400. All property at anyone site of installation;
$ NO COVERAGE Any locations other than site of installation;
':::. $ 29,400. All property;n anyone 10,". ra,ualty or di"'''e'"-
,~ $
Numbers of Endorsements forming part of policy at issue (Insert No. and editiondate)IDedllctible Amount
7-2 G2240-3B (2) $ 250.
a. SCHEDULE of vehicles and limit of insurance applicable to each
Trade Name (Year Model, Type Body, Tonnage, Factory Number, Serial Number)
$
$
350.00
MINIMUM AND
RETAINED PREMIUM
$
TOTAL I
PREMIUM $
350.
Limit of Insurance
OF INSTALLATION: SOUTHOLD SCAVENGER WASTE PROJECT
CONTRACT #3 PLUMBING C36-1120-S0TH83-02
SOUTHOLD, NY
-'The following declarations apply respectively to such coverage(s) as are designated in Item .3 as being afforded.
A. Property shipped Date of shipment on or about
Point of shipment Destination Distance in miles
Name of Carrier Type of Carrier
Principal Commodity Transported Radius of Operations
Principal Commodity Transported Radius of Operations
Location of terminals 1 2
Principal Commodity Shipped
Principal Type of Property Installed
miles.
miles.
Printed in LS.A. (;'\f)
PLUMBING
/~
......Agent
"-150-2
Countersigned by
Installation Floater
(Broad Form)
~
THE HARTFORD
Subject to the amounts or limits of insurance stated in the Declarations as applicable to this insurance and to the exclusions, conditions and all other
terms of this policy not expressly modified herein:
1. This Endorsement Cover. property of the Insured or property of others for which the Insured may be legally liable consisting principally of the
type designated in the Declarations while in transit. while at the site of installation and during the period of installation.
2. This Endorsement Does Not Cover:
a. Property owned by the Insured while at locations owned, leased or controlled by the Insured, except
(i) premises of installation and
(ii) places of temporary storage while such property is in due course of transit to or trom premises of installation;
b. Tools, contractors' equipment and any property not a part of or destined to become a part of an installation except tools and equipment, the
cost of which is included in the contract price and reported to the Company for premium purposes;
c. Accounts, bills, currency, deeds, evidences of debt, money, notes, securities, jewelry or precious stones, plans, blueprints, designs, specifi-
cations or any similar property;
d. Automobiles, motorcycles, trucks, automobile truck trailers, boats or aircraft.
3. This Endorsement Insures Against all risks of direct physical loss of or damage to the insured property except as otherwise provided.
4. This Endorsement Does Not Insure Against:
a. Delay, loss of use or market, indirect or consequential loss of any kind;
b. Loss, damage or expense caused by or resulting from error, omission or deficiency in design, specifications, workmanship or materials;
c. Loss, damage or expense caused by or resulting from wear and tear, mechanical breakdown, inherent vice, latent defect, gradual deteriora.
tion, dryness or dampness of atmosphere, freezing or other extremeS of temperature;
d. Loss, damage or expense caused by or resulting from testing;
e. Loss or damage caused by or resulting from infidelity of Insured's employees or persons to whom the insured property may be entrusted;
nor for loss or damage caused by the dishonesty of any attendant or attendants (carriers for hire excepted);
f. Loss or damage to electrical apparatus caused by electricity other than lightning unless fire ensues and then only for the loss or damage by
such ensuing fire;
g. Unexplained loss, mysterious disappearance or shortage disclosed upon taking inventory;
h. Loss, damage or expense caused by or resulting from explosion, rupture or bursting of:
(i) steam boilers, steam pipes, steam turbines or steam engines;
(ii) rotating parts of machinery caused by centrifugal force unless fire ensues, and then only for loss or damage caused by such ensuing
fire;
i. Earthquake;
j. Flood (meaning a general and temporary condition of partial or complete inundation of normally dry land areas from (1) the overflow of
inland or tidal waters, (2) the unusual and rapid accumulation or runoff of surface waters from any source, or (3) mud slides which are
caused or precipitated by accumulation of water on or under the ground) except while insured property is in transit.
5. Limits of liability: Liability of the Company under this endorsement shall not exceed the limits specified in the Declarations on:
a. Property in transit on anyone conveyance;
b. All property at anyone site of installation;
c. Any location other than the site of installation;
d. AU property in anyone loss, casualty or disaster.
6. Deductible: Each claim tor loss or damage shall be adjusted separately, and from the amount of each such adjusted claim, limit of insurance. or
limit of liability, whichever is less, there shall be deducted the deductible amount specified in the Declarations.
7. Insurance Hereunder Shall Cease When:
a. The property is accepted by the owner or purchaser or~mMNiV'mGlI(](II\XJn:e~lIcolll'XDllarxJOP;~~Y
or
b. The interest of the Insured ceases; or
C. ~lI(aII.>eJallseax~I-'-'lXOClI(l.xrJCiJdJl;JI:/I.l~IlIllO: IeSDnlDXlX ~~
d. The policy to which this endorsement is attached expires or is cancelled;
whichever first occurs.
In no event shall this endorsement cover building materials such as brick, mortar, lumber, roofing. structural steel, siding or similar material, after
such material has been installed and has become a physical part of any building or other permanent structure. Machinery and equipment,
including plumbing, heating and alr-conditioning equipment shall not be deemed 10 be building materials within the intent of this
endorsement.
Form H7-2 Printed in U.S.A. (NF)
.
8. Other Insurance. If at the time of 10:S$ or damage there is available to a named or unnamea Insured or any other interested party any other valid
and collectible insurance which would apply in the absence of this policy, the insurance under this policy shall apply only as excess insurance-
over such other insurance.
9. Valuation. The Company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs and the loss or
damage shall be ascertained or estimated according to such actual cash value with proper deduction for depreciation, however caused, and shall
in no event exceed what it would then cost to repair or replace the same with material of like kind and quality.
10. Coinsurance. The Company shall not be liable for a greater proportion of any loss of or damage to the property covered hereunder than the
amount insured under this policy bears to 100% of the aggregate value (as determined by the valuation clause contained in this policy) of said
property at all places where coverage is afforded herein at the time such loss shall occur.
11. Territorial Limits: This insurance covers only within the limits of the Continental United States (excluding Alaska), Canada, and Hawaii.
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or declarations of the policy, other
than as herein stated.
Form H7.2
~
PoliCY Number
12 TM RM4060
This endorsement forms a part of the policy as numbered above.
issued by THE HARTFORD INSURANCE GROUP company desig-
nated therein, and takes effect as of the effective date of said
policy unless anolher effective date is stated herein.
Effective Dale Effective hour is the same as stated
in the Declaralions of the policy.
End!. No.
NAMED INSURED
THE HARTFORD
Named Insured and Address
INTEREST IS VESTED IN JAMES MC CULLAGH CO., INC.
75 EAST BETHPAGE RD., PLAINVIEW, NY 11803 AND
TOWN OF SOUTHOLD AND/OR TOWN BOARD, TOWN HALL
53095 MAIN RD., SOUTHOLD, NY 11971
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions. agreements or
declarations of the policy, other than as herein staled.
This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if
this endorsement takes effect as of the effective date of the policy and, at issue of said policy, forms a part thereof,
countersignature on the declarations page of said poiicy by a duly authorized agent of the company shall constitute
valid countersignature of this endorsemen!.
Form G-2240-3 A Printed in U.S.A.
~
THE HARTFORD
Named Insured and Address
Policy Number
12 TM RM4060
This endorsement forms a part of the pOlicy as numbered above, I
issued by THE HARTFORD INSURANCE GROUP company desig'[
nated Iherein. and takes effect as of the effective date of said
policy unless anofher effective date is stated herein.
Effective Date Effective hour is the same as stated
in the Declarations of the policy.
Endt. No.
CANCELLATION PROVISIONS: PARAGRAPH 16 CANCELLATION OF POLICY STIPULATED
IN FORM 1/4196 IS AMENDED TO READ 30 DAYS IN
LIEU OF 20. ALL OTHER TERMS AND CONDITIONS
REMAIN UNCHANGED.
Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements or
declarations of the policy, other than as herein stated.
This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if
this endorsement takes effect as of the effective date of the policy and, at issue of said policy. forms a part thereof,
countersignature on the declarations page of said policy by a duly authorized agent of the company shall constitute
valid countersignature of this endorsement.
C""""',oe" "'A.......".... ,",,,,,,,
Form G-2240-3 A Printed in U.S.A.
INLAND MARINE TRANSIT l-'OLICY
1
~
POLICY PROVISIONS - PART] Form 4196
THE HARTFORD
~lJdll DC ~uul'-'galC:U tU all Ult:: lll~un::u s ngHtS VI lCCLVVC:J Y lUl;;"H
against any person or organization and the Insured shall execute:
deliver instruments and papers and do \vhatever else is necessar)
secure su::h rights. The Insured shall do nothing after loss to pn
dice such rights.
13. Misrepresentation and Fraud: This policy shall be void if
Insured has concealed or misrepresented any material fact or circl
stance concerning this insurance or the subject thereof or in case
any fraud, attempted fraud or false swearing by the Insured touch
al1Y matter relating to this insurance or the subject thereof, whet
hpfnrp nr :.ftf'r 1 In""
The Company designated on the Declarations page as the Insurer
(a stock insurance company, herein called the company)
Does insure the Insured, named in the Declarations made a part hereof, in consideration of the payment of the premium, for loss or
damage which occurs during the policy period stated in the Declarations, and in reliance upon the statements in the Declarations and sub-
ject to all the terms of the policy.
INSURING AGREEMENT
The insurance afforded shall be as stated in the Coverage Endorsement(s) issued to form a part of this policy, subject to the statements
in and all the terms of the Declarations applicable thereto, and to the exclusions, conditions and all other terms of this policy.
'.
GENERAL EXCLUSIONS
1. War Risk Exclusion: This policy docs not insure against loss
or damage caused by or resulting from
(a) hostile or w~rlike action in time of peace or war, including
action in hindering, combating Of defending against an
actual, impending or expected attack. (a) by any gO'\Trn-
fient or sovereign power (de jure or de facto), or by any
authority maintaming or using military'. naval or air forces;
or (b) by military, naval or air forces; or (c) by an agent
of any such go'\'Crnment, power, authority or forces;
(b) any weapon of war employing atomic fission or radioactive
force whether in time of peace or war;
(c) insurrection, rebellion, revolution, civil \var, usurped
power, or action taken by governmental authority in
hindering, combating or defending against such an occur-
rence, seizure or destruction under quarantine or customs
regulations, confiscation by order of any government or
public <\uthority, or risks of (ontrab":ld or illegal lr:\ns-
ponation or track
Note - :'\ot\yithstanding anything contained in this policy it is
understood and agreed that property \\'hich is insured under
this policy is J.lso wH'red against the risk of damage or
c\estruction by ciyil J.uthority durinu a conflagration and
for the purpos'c of retarding th'e S;1I11C: ''''pro\'ided ~hat neither
such conflagration nor such damage 01- destruction is caused
or contributed to b\' W.H, invasion, n:\'oll1tion. rebellion,
insurrection or othe~ hoqllitics or '\'elr-like operations,
2. Nuclear Exclusion: If this policy:
(a) includes (merage against the peril of ilIT, tbe Company shall
not be liable for loss by nuclear reaction or nuclear radiation
or radioacti\T cnnta;ninati()n, all \\'hL,thcr (-olltrollcd or
uncontrolled, and whether such loss b,-~ direct or indirect.
proximate or remote, or be in ,yhole or in pan caused by-,
contributed to, or aggra\'ated by thc peril(s) insured against
in this policy: hO\\'c\Tr, subject to thc foregoing and all
provisions of tbis policy, direct loss by fire resulting from
nuclear reaction or nuclear radiation or radioacti've con-
tamination is insured against by this policy.
(h) does not include coverage against the peril ofjirc, the Com-
pany shall not be liable for loss by nuclear reaction or
nuclear radiation or radioactive contamination, all whether
controlled or uncontrolled. and whether such loss be direct
or indirect, proximate or remote, or be in whole or in part
caused by, contributed to, or aggravated by the peril(s) in-
sured against in this polic;,r.
GENERAL CONDITIONS
1. Other Insurance: (a) ='Jo loss shall be paid hereunder if the
Insured has collected the same from others.
(b) Other insurancc permitted.
(c) The Company shall not be liable for a greater proportion of
any loss than the applicable limit of liability provided hereunder shall
bear to the wholc insurance against the peril involved, whether
collectible or not.
2. Insurable Value: (This Condition not applicable to losses in-
volving the Insured's legal liability.) In tbe event of loss or damage the
valuation of property insured hereunder shall be thc amount of in-
voice, together with such costs and charges since shipment as may
have accrued and become legaly due thereon. In the absence of an
invoice, liability shall not exceed the actual cash value \\lith proper
deduction for depreciation, however causcd, at point of destination
on the date of expected arrival.
3, Parts and Labels: (This Condition not applicable to losses in-
l'oh'ing the Insured's legal liability.) In case of loss or injury to (a) any
part of the insured property consisting, when complete for sale or
use, of several parts, the Company shall only be liable for the insured
value of the part lost or damaged, or (b) labels only, for the cost of
new labels and relabeling.
4. Requirements in Case Loss Occurs: The Insured shall as soon
as practicable report to the Company or its agent every loss or
damage which may become a claim under this policy and shall also
file with the Company or its agent within one hundred twenty (120)
days from date of loss a detailed sworn proof of loss. Failure by the
Insured to report the said loss or damage and to file such sworn proof
of loss as hereinbefore provided shall invalidate any claim under this
policy for such loss.
5. Examination Under Oath: The Insured shall submit, and so
far as is \yithin his or their po\\'(.'r shall cause all other persons in-
Form 4196
terested in the property and members of the household and employees
to submit, to examinations under oath by any persons named by the
Company, relative to any and all matters in connection with a claim
and subscribe the same; and shall produce for examination all books
of account, bills, invoices, and other vouchers or certified copies
thereof if originals be lost, at such reasonable time and place as may
he designated by the Company or its represcntatives, and shall
permit extracts and copies thereof to be made.
6. Sue and Labor: In case of loss or damage, it shall be lawful and
necessary for the Insured, his or their factors, servants and assigns,
to sue, labor, and travel for, in and ahout the defense, safeguard and
recovery of the property insured hereunder, or any part thereof
without prejudice to this insurance; nor shall the acts of the lnsured
or the Company, in recovering, saving and preserving the property
insured in case of loss or damage, be considcred a waiver or an
acceptance of abandonment, to the charge whereof the Company"
will contribute according to the rate and quantity of the sum herein
insured.
7. Appraisal: (This Condition not applicable to losses involl/l"ng tht'
Insured's legal liability.) [f the lnsured and the Company fail to
agree as to the amount of loss, each shall, on the written demand of
either, madc \vithin sixty days after receipt of proof of loss by the
Company, select a competent and disinterested appraiser, and the
appraisal shall be made at a reasonable time and place. The appraisers
shall first select a competent and disinterested umpire, and failing
for fifteen days to agree upon such umpire, then, on the request of
the Insured or the Company, such umpire shall be selected by a judge
of a court of record in the State in which such appraisal is pending.
The appraisers shall then appraise the loss, stating separtately tbe
actual cash 'value at the time of loss and the amount of loss, and fail-
ing to agree shall submit their differences to the umpire. ,\n d\vard
in \\'riting of any t\VO shall determine the amount of loss. The In-
sured and the Company shall each pay his or its chosen appraiser
and shall bear equally the other expenses of the appraisal and umpire.
2
The Company shall not be held to have waived any of its rights
by any act relating to appraisal.
8. Company's Options: (This Condition not applicable to losses
int'ollJing the Insured's legal liability.) It shall be optional with the
Company to take all. or any part, of the property at the agreed or
appraised value, and it shall also be optional \'/ith the Company to
repair or replace the property destroyed or damaged with other of
like kind and quality within a reasonable time, on giving notice of its
intention so ro do within thirty days after the receipt of the proof
of loss herein required.
9. Abandonment: There can be no abandonmcnt of any property
to the Company.
10. When Loss Payable: The amount of loss or damage for \vhich
the Company may be liable shall be payable within thirty (30) days
after satisfactory proof of loss is received by the Company or ascer~
tainment of the loss or damage is made by agreement expressed in
writing between the Insured and the Company.
11. Suit Against Company: No suit, action or proceeding for the
recovery of any claim under this policy shall be sustainable in any
court of law or equity unless the same be commenced within t\velve
(12) months next after discovery by the Insured of the occurrence
which gives rise to the claim, or, on losses involving the lcgalliability
of the Insured, unless the same be commenced within twelve (12)
months next after the rendition of any final judgment against the
Insured. Provided, hO\vever, that if by the la\vs of the State within
which this policy is issued such limitation is invalid, then any such
claims shall be void unless such action, suit or proceeding be com-
menced within the shortest limit of time permitted by the la\vs of
such State to be fixcd herein.
12. Third Parties: (a) This insurance shall not inure directly or
indirectly to the benefit of any other party liable for any loss covered
hereunder, by stipulation in bill of lading or otherwise.
(b) Unless otherwise endorsed hereon, the Company shall not be
liable for any loss or damage covered hereunder, in respect to which
the Insured has by stipulation in bill-at-lading or otherwise, prior
or subsequent to the effective date of this insurance, released, im-
paired or lost any right of recovery against any other party which
would on payment of loss by the Company have otherwise inured
to the Company's benefit; but the Company's right to retain or
recover the premium shall not be affected.
(c) The Company shall not be liable [or any loss or damage, which,
with0ut its consent, has been settled or compromised by the Insured.
(d) In the event of any payment under this policy the Company
shali be subrogated to all the Insured's rights of recovery therefor
against any person or organization and the Insured shall execute and
deliver instruments and papers and do whatever else is necessary to
secure suh rights. The Insured shall do nothing after loss to preju~
dice such rights.
13. Misrepresentation and Fraud: This policy shall be void if the
Insured has concealed or misrepresented any material fact or circum~
stance concerning this insurance or the subject thereof or in case of
any fraud, attempted fraud or false swearing by the Insured touching
any matter relating to this insurance or the subject thereof, whether
before or after a loss.
14. Changes: Notice to any agent or knowledge possessed by any
agent or by any other person shall not effect a waiver or a change in
any part of this policy or utop the Comp.-my from asserting any
right under the terms of this policy, nor shall the terms of this policy
be waived or changed, except by endorsement issued to form a part
of this policy.
15. Conformity with Statute: Terms of this policy which are in
conflict with the statutes of the State wherein this policy is issued are
hereby amended to conform to such statutes.
16. Cancellation of Policy: This policy may be canceled by the
Insured by mailing to the Company written notice stating when
thereafter such cancellation shall be effective. This policy may be
canceled by the Company by mailing to the Insured at the address
shown in this policy or last known address written notice stating
when. not less than twenty (20) days thereafter such cancellation shall
be effective. The mailing of notice as aforesaid shall be sufficient
proofof notice and the effective date of cancellation stated in the
notice shall become the end of the policy period. Delivery of such
\vritten notice either by the Insured or by the Company shall be
equivalent to mailing.
If the Insured cancels, earned premiums shall be computed in
accordance with the customary short rate table and procedure. If
the Company cancels, earned premiums shall be computed pro rata.
Premium adjustment may be made at the time cancellation is
eITected and, if not then made, shall be made as soon as practicable
after cancellation becomes effective. The Company's check or the
check of its representative mailed or delivered as aforesaid shall be
a sufficient tender of any refund of premium due to the Insured.
STATE EXCEPTIONS
When the policy is issued in :
Kansas - \Vherever the words "twelve (l2) months" appear in General Condition 11.. Suit Against Company, they are replaced by
the words "sixty (60) months".
In Witness Whereof, the Company has caused this policy to be signed by its President and by a Secretary, out the
same shall not he binding unless countersigned on the Declarations page by a dlll~/ authorized agent of the Company'.
Form 4196
j~ ~ ::1;';1:;::",".
3
INLAND ~RINE TRANSIT 'pc!ley
.z
POLICY PROVISIONS - PART I Form 4196
THE HARTfORD
.
The Company designated on the Declarations pa~e as the J nS\lrer
(a stock insurance company, herein called the ('ol11pany)
Does insure the Insured, named in the Declarations made a part hereof, in consideration of the payment of the premium, for loss or
damage which occurs during the policy period stated in the Declarations, and in reliance upon. the statements in the Declarations and sub-
ject to an the terms of the policy.
INSURING AGREEMENT
The insurance afforded shall be as statM in the Coverage Endorsement(s) issued to form ~I part of this policy, subject to the statements
in and all the terms of the Declarations applicable thereto, and to the exclusions, condition" and al1 other terms of this policy.
..
j'/\J.(-I ~ . ,,' '. I "'''.1 (I,iI"r,,>ntl(J,;.,. I) "'i ,,.<1 /" J../llj " 1',,'1 i,.,
((mjJ,tle~(I/t'llllU,~III.IIII)Llldl\J \.'\J.\hl\'1 [[,\:\-.,11 i'Ulll\ ,A
.' ~ i lU Hartfa ire Insunauce <":ompany i rn HWPord Casually Insurance Company
o ill Hartford Au'ideol and Indemnity Company ~ [!]Twin City Fire Insurance Company
8 ,8
. THE HARTFORD . Hartford Plaza, Hartford, Connecticut 06115
ilrhe INSURER shall be the Company I-Co. COd.-
d..linated herein by Co. Code: ----+ I 1
~~~;ARATIONS-Transit L..-.lou'P~-NO~-1 r
) 1
POLICY NO.
121M
BM4060
I. Inlured and Addre..
(No., Sl'ret't. Town, (.'uunl,. Slat,., lip Codt)
JAMES Me CULLAGH CO INC
SEE .IlTTACHED ENDORSMENT
l. J)olicy Period
1--Produce-r--aNamc.ndAddreu -'--Produce~C~;-
-;.From
I
06-08-84 To 06-08-85 Yean
12:01 A.M.~ standalrd time at the addreaa of the illlJured
1
ALLIED COVERAGE CORl'.
122777
L_
_.J
3. Thii policy covers onlr with respect to such of the coverages as are indicated by a specific limit of inaurance applicable thereto. Subject otherwile
to ,ill the terms of this pohcy having reference thereto: (a) the limit of insurance applicable to each "vehicle" .hall be as stated opposite tll.e descrip-
tiOl1l of each vehicle in hem 4 a; (b) the limit of insurance applicable to "two or more vehidea away from the premises" and applicable to each
"terminal" liMll be as stated herein; and (c) the Utotallimit of insurance" applicable to each "coverage" shall be aa atated herein subject to the fore..
,0inK provi8ions respecting each vehicle, two or more vehicles away from the premises and each terminal.
D.
E.
COVERAGES LIMITS OF INSURANCE RATE PREMIUM
TRIP TRANSIT i Total limit of insurance $
MOTOR TRUCK CARGO -
Owner's Goods on Own Vehicles S Total limit of insurance $
-
MOTOR TRUCK CARGO -
Carrier's Liability S Total limit of insurance $
(Non-ReportinK Form only)
o (Non-Reporting Form) S Two or more vehicles away from premises
o (Gross Receipts Reporting Form) i Terminal - 1 } Locations as ,
i Terminal - 2 described in Item 4
~---- ---.--......-. S Newly acquired terminals
ANNUAL TRANSIT S Total limit of insurance S
._._-_._~--- -'--'~ ~-_.
INSTALLATION FLOATER Limits of Liability: $
$ NO COVERAGEPropert~. in transit on any unt' conveyance; 350.00
$ 29,400. All properly at any one ~ile of installation; MINIMUM AND
$ NO COVERAGE Any jo('atiuns mher (hall silt' of installation; RETAINED P
S 29,400. All pl'Openy in any Ollt.' loss, (;<lsualty or disaster.
S S
rm Numbers of Endorsements forming part of policy at issue(lnsertNo. andeditiondate)l~eductibl'e Amount I TOTAL
7-2 G224D-3B (2) s 2:50. PREMIUM $ 350.
REMlllH
A.
B,
,C.
F.
r.
K6
4. a. SCHEDULE of vehicle8 and limit of Insucan,;e applicable to each
------ -
Tcade Name (Year Model, Type Body, Tonnalle, Factory Numbec, Secial Numbec)
Limit of lnaurance
SITE OF INSTALLATION: SOUTHOLD SCAVENGER WASTE PROJECT
CONTRACT 1i3 PLUMBING C36-1l2D-SOTH83-112
SOUTHOLD, NY
. BM:LH 8-27
_ b. Th~~lowinK d(:darations apply respectively to Sll(;h covera.KC(s) as Me dC:iignated in Itt~m 3 a:i being afforded.
Q)vecaae A. Property shipped Date of shipment on or about
Point of shipment Destination Distance in miles
___._~_ Name of Carrier Type: of Carrier
CGveraae ~__.~ _ Principal C,?lllmodity Tran:iported Radius of Operations
Coveralie C. Principal Commodity Transported Radius of Operations
Location of terminals I 2
----_._---~ - -----
~~!~.r.a~~__~_=_ I Principal Commodity Shipped
~~vera~t:!_E. Principal Type or Property Installed PLUMBING
miles.
miles.
COUftleTs;rfted by
.........Agent
Form M-I~O.2 I'rilllnl ill l rS,_\. (NFl
.
~
.
Installation Floater
(Bl'OIId Form)
,
THE HARTFORD
Subject to the amounts or limits at insurance stat~ in the Declarations as applicable to this insurance and to the exclusions, conditions and. aU other
terms 0' this policy not expressly modified herein:
1. Thll Endor........t CO.I.. proporty of 1ho Insured or proporty of othors for which tho Insur..l may bo legally liable consisting principally 01 tho
type designated in the Declarations while in transit, while at the site of lostaUabon and durmg the period of installation.
~!. Thll Endor........' Doea Not Cov.r:
8. Property owned by the Insured while at locations owned, leased or controlled by the Insured. except
(i) premises of installation and
(ii) places at temporary storage while such property is in due course of transit to or frelm premises 01 installation;
b. Tools, contractors' equipment and any property nol a part at or destined to become a part 01 an installation except tools and equipment. the
cost of which is inclu(jed in the contract price an(j reporteci to the Company tor premium purposes;
c. Accounts. bills, currency, (jee(js. evidences at debt. money. notes, securities, jewelry or lnecious stones, plans, blueprints. designs, speCifi-
cations or any similar property;
d. Automobiles, motorcycles. trucks, automobile truck trailers. boats or aircraft.
~l. Thia Endorsement Inaur.. Agalnat all risks of direct physical loss of or damage to the insured property except as otherwise provided.
~~. TbI, Endoraement DoH Not lnlure Againlt:
a. Delay. loss of use or market. Indirect or consequential loss 01 any kind;
b. Loss, damage or expense caused by or resulting Irom error, omiSSIon or deficiency in design, specifications, workmanship or matenals;
c. Loss, damage or expense caused by or resulting from wear and tear. mechanical breakdown, inherent vice, latent defect, gradual detenora-
tion, dryness or dampness of atmosphere. freeZing or other extremes of temperature;
d. Loss, damage or expense caused by or resulting from testing;
e. Loss or damage caused by or resulting from infidelity 'of Insured's employees or person:s to whom the insured property may be entrusted;
nor tor loss or damage caused by the dishonesty of any attendant or attendants (carrilitf's for hire excepted);
f. Loss or damage to electrical apparatus caused by electricity other than lightning unless lir. ensues and then orly for the loss or damage by
such ensuing fire;
g. Unexplained loss, mysterious disappearance or shortage disclosed upon taking inventory;
h. Loss, damage or expense caused by or resulting from explosion, rupture or bursting 01:
(i) steam boilers. steam pipes. steam turbines or steam engines;
(ii) rotating parts of machinery caused by centnfugal force unless fire ensues, and thel.. only for loss or damage caused by such ensuing
tire;
i. Earthquake;
j. Flood (meaning a general and temporary condition of partial or complete inundation 011 normally dry land areas from (1) the overlla.v of
inland or udal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source, or (3) mud slides which are
caused or precipitated by accumulation 01 water on or under the ground) except while insured property is in transit
5. Umlta of Liability: liability of the Company under this endorsement shall not exceed the limits specified in the Declarations on:
8. Property in transIt on anyone conveyance; ,
b. All property at anyone site of installation;
c. Any location other than the site of installation;
d. All property in anyone loss. casualty or disaster.
6. Deductible: Each claim for loss or damage shall be adjusted separately, and from the amount of each such adjusted claim, limit of insurance, or
limit of liability, whichever is less, there shall be deducted the deductible amount specified in the Declarations.
.
7. Inaurance Hereunder Shan e.... When:
a. The property is accepted by the owner or purchaser or~Im{AlInV;'jllUriY~18i~~~~Y
or
b. The interest of the Insured ceases; or
c. :mmAYN"M"aEi'InWM~"""~I1l'1rr'ii~YMi'5(
d. The policy to which this endorsement is attached expires or IS cancelled;
whichever first occurs.
In no event shall t\is endorsement cover building materials sUCh as brick. mortar. lumber, 1Q()ling, structural stee" siclfng or similar material. ahel
such matenal has been installed and has becOme a physical part of any building or Othl:tr permanent structure. Mactvnery and eqwpment.
including plumbing, heating and air-conditioning equipment shall not be deemed to be building materials within the intent of this
endorsement.
"'(lm'I .....7.2 Pnnted Irl U_S A. (NFl
II. O\l1.r Inaurance. If at the lime of loss or dIe ltlere 's ava,lable to a named or unnamed Insur.! any other ,nterested party any other val.d
and collecllble insurance which would apply in the absence of ltlis policy, the insurance und,", this policy shall apply only as exceu insuranci
over such other insurance. .
'SI. V.IUlldon. The Company shall not be liable beyond the actual cash value of Ile property at Ul8 time any loss or damage occurs and the toss or
damage shall be ascertained or estimated according to such actual cash value with proper decluction for depreciation, however caused. and shall
in no event exceed what It would then cost to repair or replace the same with material at like kind and quality.
10. Coinlutance. The Company shall not be liable for a greater proportion 01 any loss of or damage to the property covered hereunder than the
amount insured under this policy bears to 100% 01 the aggregate value (as determined by the valuation clause contained in this poltcy) of said
property at all places where coverage is afforded herein at the time such loss shall occur.
11. T.rritorial Umlta: This insurance covers only within the limits of the Continental United Sta,tes (excluding Alaska), Canada. and Hawaii.
Nothing herein contained shall be held to vary, waive. alter, or extend any of the terms, conditions, agreements or declarations of the policy, other
aha,n as herein stated.
.
~1I-t7.2
..
.
~
.
niE HARTFORD
Named Insured and Address
Poiicy Number
12 TM RM4060 I
This endorsement forms a part of the policy as numbered above,
issued by THE HARTFORD INSURANCE GROUP company desl9-
natlld therein, and takes effect as of the effective date of said
poHcy unless another effective date is stated herein.
Effllctive Date Effective hour is the same as stated
In the Ueclarations of the policy.
Endt. No.
NAMED INSURED
~EREST IS VESTED IN JAMES MC CULLAGH CO., INC.
75 I&AST BETRPAGE RD., PLAINVIEW, NY 11803 AND
TOWN OF SOUTHOLD AND/OR TOWN BOARD, TOWN HALL
53095 MAIN RD., SOUTHOLD, NY 11971
Nothing herein contained shall be held to vary, waive, alter, or extend any Clf the terms, conditions, agreements or
declarations of the policy. other than as herein stated.
This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if
this endorsement takes effect as of the effective date of the policy and. at issue of said policl\, forms a part thereof,
countersignature on the declarations page of said policy by a duly authorized agent of the company shall constitute
valid countersignature of this endorsement.
Countersigned by....... ...... .. .
Form G'2240-3 A Printed in U.S.A.
.
.'
.
~
.
nlE HARTFORD
Named Insured and Address
Policy Number
12 '1M RM4060
This endorsement forms a part of the policy as numbered above. I
issued by THE HARTFORD INSURANCE GROUP company desig-
nated the rem . and takes effect as of the effective date of said
policy unless another effective date is stated herein
Effe,ctive Date Effective hour is the same as stated
m the Declaralions of the policy.
.'
End!. No.
.
I.
:.
CANCELLATION PROVISIONS: PARAGRAPH 16 CANCELLATION OF POLICY STIPULATED
IN FORM #4196 IS AMENDED TO READ 30 DAYS IN
LIEU OF 20. .(U.L OTIlER TERMS AND CONIIITIONS
REMAIN UNCHANGED.
"
,Nothing herein contained shall be held to vary. waive. alter, or extend any of the terms, conditions, agreements or
declarations of the policy, other than as herein stated.
This endorsement shall not be binding unless countersigned by a duly authorized agent of the company; provided that if
this endorsement takes effect as of the effective date of the poiicy and, at issue of said polic~. forms a part thereof,
countersignature on the declarations page of said policy by a duly authorized agent of the cdmpany shall constitute
valid countersignature of this endorsement.
Countersigned by......
Form G.2240.3 A Printed in U.S.A.
.
.
..
... ..
.1 ...
. :..~
'.
.'
.
GENERAL EXCLUSIONS
.
1. War Risk Exclusion: This policy OOI.:S nul illsure ;:lgaillSt Ims
'or damage caustd by Of resulting from
(a) hO!>lik or warlike aoioll in time of pt:<.lCl" or war, including
action in hindering, combating or defending against an
actual, illlPcnding or cxpt:clcd attack, (a) by any govtrn-
!TIt'lll or sovereign power (0<: jure or de facto), or by any
authority maintaming or using military, naval Of air forct:s;
or (b) by military, naval or air forces; or (c) by an agent
of any sllch govcrnmclll, power, authority or forces;
(b) any wt::Jpon of war employing atomic llssion or radioactive
force whether in time of peace or war;
(c) inslllTCctioll, rebdlion., revolution, civil war, usurped
power, or action taken by govcflU1H:ll1al authority in
hind<:ring, combating or defending against slIch an occur-
rencel seizure or destruction under quarantine or customs
regulations, confIscation by order of any government or
public authority, or risks of contraband or "illegal trans-
portation or trade.
Note - Notwithstanding anything contained in this policy it LS
understood and agreed that property which is insured ulldl"r
this policy is also covered against the risk ofdamagl.: O!"
destruction by civil authority during a conflagration and
fOl' the purpose of retarding the Salll(~; provided that nt'ithcr
such wnflagration nor such damage or destruction is c;lused
or wntributed to by war, invasiun, revolution, rebellion,
insurrection or other hostilities or war-like operations.
2. Nuclear Exclusion: If this policy:
(a) includes coverage against the peril of tire, the Company shall
not be liable for loss by nuclear reaction or nuclear radiation
or radioactive contamination, aU wlu~ther controlled or
llIKonlfolh:d, and whether SUdlIoss Ll.: diren or indin:cL,
proximate or remote, or be in whoh.: or in parr caused by.
contributed to, or aggravated by the peril(s) insured against
in this policy; however, subject to the foregoing and all
provisions of this policy, dirt:([ loss by tire resulting from
nuclear reaction or nuclear radiation or radioactive (:011-
lamination is insured against by this policy.
(b) does not include coverage against thl.: peril of fire, the Com-
pany shall not be liable for loss by nuclear reaction or
Iluclear r<.ldiation or radioactive contamination, all whether
controlled or uncontrolled, and whether such loss be direct
or indirec't, proximate or remote, or be in whole or in part
caused by" contributed to, or aggravated by the peri1(s) in-
sured against in this policy.
GENERAL CONDITIONS
1. Other Insurance: (a) No ,loss shall be paid hen:under if the
Insured has collected the same from others.
(b) Other insurance permitted.
(c) The COOlllOlllY shall not be liable for a greater proportion of
any loss tllan tht: applicable limit of liability provided hereunder shall
bear to tht, whole insurance against the peril involved, whether
coUc:ctible or nolo
2. Insurable Value: (This Cundition not applio.Jble /0 losses in-
lIoltJ.;ng the Insured's legal liability.) In the event of loss or darnage the
valuation of properly insured hereunder shall be the amount of in-
voi,:e, together with such costs and charges since shipment as may
have accrued and become iegaly due thereon, In the abscnce of an
invoice, liability shall not exceed rht actual cash value with proper
deduction for depreciation, however c~lused, at point bf destination
on the date of expected arrival.
3. Pans and Labels: ("this Condition not applicable to losses in-
voJlling the Insured'sleglllliabiJity.) In case of loss or injury to (a) any
part of the insured property consi~ting, \vhen complete for -sale or
use, of several parts, dIe Company sh<.lll only be liable for the insureu
value of the p;irt losL or dal11~lged, or (b) labels only, for the cost of
. new labels and rdalx:ling.
4. Requiremeuts in Case Loss Occurs: Tilt: Insured shall as soon
as practicable rl'f)Oft to the Company or its agent every loss or
d~Hnagc whidl may become <.I claim under this PVlicy and shall also
file: with the Company or its agelll within one hundred twenty (120)
d.\ys from dale of loss a detailed sworn proof of loss. Failure by the
In;iured to repon the S<li.d loss or damage and to lile such sworn proof
of loss ;\s Jwreinbdorc provided shall invalidate any claim under lhis
poli\:y for such los....
5. Examination Under Oath: Thc lnsured shall submit, and so
f"f as IS \\I.lhill his or thei.r pO\\'t:r shan cause all other persons in-
'"'.....",4196
terested in the propaty and members of'the household and employecs
[0 submit, to examinations under oath by any persons named by the
Company, relative to any and all matters in connection with a claim
and subscrihc the samej and shall produce for examination aU books
of account, bills, invoices, and other vouchers or certified copies
thereof if originals be lost, at such reasonable time and place as may
be designated by the Company or its representatives, and shall
permit extracts and copies thereof to be made.
6. Sue and Labor: In case of loss or damage, it shall be lawful aud
neccssary for the Insured, his or their factors, servants amI assigns,
to sue, labor, and travel for, in and about the defense, safeguard and
recovery of.the property insured hereunder, or any [art thereof
without prejudice 'lO this insurancej nor shall the acts 0 the Insured
or the Company, in recovering, saving and preserving the propcny
insured in case of loss or damage, be considered a waiver or all
acceptance of abandonment, to the charge whereof the Company
will contribute according to the rate and quantity of the sum herein
insured. <
7. Appraisal: (This Conditiun not applicable to losses involtJing the
Insured's legal liability,) If the Insured and the Company fail to
agree as to the amount of loss, each ~hall, on the written demand uf
either, made withilll sixty days after receipt of proof of loss by tht:
Company, select a competent and disintereslcd appraiser, and tht:
apprai~l shall be made at a rcasonable time .1Ild place. The appraisers
shall first select a com.petent and disinterested umpire, and failing
for fifteen days to agree upon such umpire, then, 011 the requt:st of
the Insured or the Company, such umpire shall be sdectcd by a i udgc
of a court of record in the State in which such appraisal is peuding.
The apprai.'iCrs shall then appraise tht. loss, stating scpanatdy the
actual cash value at the time of loss and the amount of loss, ami bit.
ing to agree shall submit their dllferences to the umpire. An award
in wrlung of any two shall dctcrminc the amuunt of loss. TIle In-
sun~d and the Company shall each pay his or its chosen appraiser
and shall bear equally the other expenses of the appraisal and umpire.
2
. The Comp"ny ,J,,,ll not be held to have waivlny ot its rights
by allY act rdating lo apprais.ll.
.8. Company's Options: (This Condition nut applicaNe to IOJses .
involving the Imurr:d's legalliabilzly.) It shall be optional with the
Company to take all, or any part, of the property ::It the agreed Of
appraised value:, and it ~hall also be optional with the Company to
repair or replace the propeny destroyed or damaged With other of
like kind and quality within a reasonable time, on giving notice of its
intention w to do within thiny days after the receipt of the proof
of loss herein required.
9. .Abandonmeut: There can be no abandonment of any property
to the Company.
10. ''''hell Loss }Jayable: Tlie a.muunt of luss or damage for which
the O::ullpany may be liable shall be payable within thiny (30) days
after satisfactory pruof of loss is rccc:ivcd by the COl1ljXUlY or ascer~
tainml:ot of tbe lm~ or damage is made by agreement expressed in
writing betwn:n lhe Insured'and the Company.
11. Suit Against Company: No suit, action or proL'eeding [or the
recovery of any dllm under this policy shall be suslain,lble in any
court of law or t:I...juity unless the same be commenced within twelve
(12) momhs next aftl'f discovery by the Insured of the occurrence
which gives rise to lhe claim, or, on losses involving the It,;gal lIability
of the Insured, Ulllt~SS the same be commenced within twelve (12)
months next afh,:r the rendition of any final judgment against the
Insured. Providcd, however, that if by the laws of (h(~ State within
which this policy is issued such limitation is invalid, then any such
claims shall be v01d unless such action, suit or proceeding be com.
menc(:d within the shortest limit of time permitted by the laws of
such State to be tixed herein.
12~ Third Parties: (a) This insurance shall not inure din:ctly or
indire,:tly to the benefit of any other party liable for any loss cov~red
hereunder, by stipulation in bill of lading or otherwise.
(b) Unless otherwise endorsed hereon, the Company shall not be
liable for any loss or damage covered hereunder, in respect to which
the Insured ha.. by stipulation in bill-oC-lading or othcrwi:;t:, prior
or subsequent to the effective date of this insurance, released, im~
paired or lost any right of recovery against any other party which
would on paymt:nt of loss by the Company have otherwise inured
to the: Company's benefit j but the Company's right [Q retain or
recovc:r the premium shall not be alfected.
(c) The Company shall nOlliable for any loss or damage, which,
without its consent, has been settled or compromised by the Insured.
(d) in the event of any payment under this policy the Company
shall be subrogated to all the Insured's rights of recovery therefor
against any person or organization and the Insured shall execute and
deliver inslruments and papers and do whatever c:lse is necessary to
secure such rights. The Insured shall do nothing after loss to preju.
dice such rights.
13. Misrepresentation "nd Fraud: This policy shall be void if the
Insured has concealed or misrepresented any material fact or circum-
stance concerning this insurance or the subject thereof or in case of
any fraud, attempted fraud or false swearing by the Insured touching
any matter rdating to this insurance or the subject thereof, whether
before or after a loss.
14. Changes: Notice w any agent or knowledge possessed by any
agent or by any other pc:'rson shall not effect a waiver or a change in
any parr of this policy or estop the: Company from asserting any
right under the terms of this policy, nor shall the terms of this policy
be waived or changed, except by endorsement issued to form a part
ot this policy.
15. Conformiry with Statute: Terms of this policy which arc in
conflia with the statutes of the State wherein this policy i:; issued are
hereby amended to conform to such statutes.
16. Cancellation of Pollicy: This policy may be canceled by the
Insured by mailing to the Company written notice stating when
thereafter such cancellation shall be effective. This policy may be
canceled by the Company by mailing to the Insured at the address
shown in this policy or last known address written notice stating
when not less than twenty (20) days thereafter such cancellation shall
be dfective. The mailing of notice as aforesaid shall be sufficient
proof of notice and the effective date of cancellation stated in the
notice shall become the ,:nd of the policy period. Delivery of such
written notice either hy the Insured or by the Company shall be
equivalent to mailing.
If the Insured cancels, earned premiums shall be computed in
accordance with the customary short rate table and procedure. If
the Cumpany cancels, earned premiums shall be computed pro rata.
Premium adjustment may be made at the time cancellation is
etfected and, if not then made, shall be made as soon as practicable
afler cancellation becomes effective. The Company's check or the
che..:k of its representative mailed or delivered as aforesaid shall be
a sufficient lender of any refund of premium due to the Insured.
STATE EXCEPTIONS
When the policy is issued in:
Kansas~. \Vherever the words "twelve (12) months" appeal in General Condition 11., Suit Against Company, they are replaced by
the words "sixty (60) months".
In Witness Whereof, the Company ha::; cau::;ed thi:) policy to be sigllcd uy its President and uy a Secretary, but the
same shallllot IJe binding unless countersigned on the ~cclarations page uy a duly authorized a~ent of the Company.
'~d,,~"""
,<Inn "196
ft~
,fv~
Donald R. Frahm, Presidenl
3
JAMES McCULLAGH CO., _.
75 East Bethpage Road
PLAINVIEW, NEW YORK 11803
[LJEuuU~~(f u[R1w[j\l]~U\1]Duuw[L
TO
(516) 293.8800
Town of Soutbold
RICIMD
AU8Za8
DATE
Au at n 1984
JOB NO.
ATTENTION
53095 MaiD lload
:r-CWlf- 1ft"
"'
Soutbo1d Sc....e er W.ste
Contr.ct: Ro. 3 - P1uabi
C36-1120 - SOTH83-02
Pro ect
Work
Soutbo1d. Rew York 11971
WE ARE SENDING YOU ~ Attached o Under separate cover via
[] Shop drawings 0 Prints 0 Plans
[] Copy of letter 0 Change order 0
COI:tIES DATE NO.
2 6 8 84-8
the following items:
o Samples
o Specifications
DESCRIPTION
THESE ARE TRANSMITTED as checked below:
o Approved as submitted
o Approved as noted
o Returned for corrections
[J For approval
[J For your use
[J As requested
[] For review and comment
0 FOR BIDS DUE_
o Resubmit_copies for approval
o Submit_copies for distribution
o Return_corrected prints
o
19 0 PRINTS RETURNED AFTER LOAN TO US
REMARKS__
PRODUC1,402 (."i\(E:.'?lPloc,~rolm,M8S$.OI4l]
If enclosures are not as noted, kindly notify u a
r.
COPY TO
SIGNED:
II~.
,....
CHul!!la
CHUBB GROUP .
, of Insurance Companies
100 William Street 3200 Wilshire Boulevard
New York. N.Y. 10038 Los Angeles. Calif. 90010
I: .r~ ~
DECU, IONS ~-
GENEFlAL LIABILITY-AUTOMOBILE POLICY
Prior Number New Line
Producer Number 3 - 6 3 2 18
Policy Number GLP( 85) 7144-77-33
Item 1.
Named Insured & Address
Town of Southo1d and/or Town Board
Town Hall
53095 Main Road
Southo1d, N.Y. 11971
Name. Mailing Address of Producer
Allied Coverage Corp.
165 Ros1yn Road
Roslyn, New York 11576
Named Insured 0 Individual 0 Partnership 0 Corporation
Item 2 12:01 AM standard time at the address
Policy Period: of the Named Insured as stated From:
Issued by the stock insurance company indicated
(by "x" below) herein called the company
X FEDERAL INSURANCE COMPANY
Incorporated under the laws of New Jersey
PACIFIC INDEMNITY COMPANY
Incorporated under the laws of California
SUN INSURANCE OFFICE LIMITED
Incorporated under the laws of England
6/8/84
To
~ Other Municipali tv
A.udit Period-Annual unless otherwise stated below.
6/8/85
o Joint Venture
Item 3.
Insurance is afforded only with respect to the Coverage Partes} specified by a premium charge:
Coverage Part Advance Premium COllerage Part
Advance Prem ium
$
$
Comprehensive General Liabil ity Insurance
$
Basic Automobile Liability Insurance
$
Personal Injury Liability Insurance
$
Comprehensive Automobile Liability Insurance
$
Contractual Liability Insurance (Blanket)
$
Automobile Medical Payments Insurance
$
Contractual Liability Insurance
(Designated Contracts Only)
$
Protection Against Uninsured Motorists Insurance
$
Premises Medical Payments Insurance
$
Automobile Physical Dc,mage Insurance
(Fleet Automatic)
$
Owners', Landlords' and Tenants' liabilIty Insurance
$
Automobile Physical Dc.mage Insurance (Non-Fleet)
$
Manufacturers' and Contractors' Liability Insurance
$
Automobile Physical Damage Insurance (Dealers)
$
ONners' and Contractors' Protective Liability Insurance
(Coverage for Operations of Designated Contractor)
$
100 MP
Garage Insurance
$
Comprehensive Personal Insurance
$
$
Farmer's Comprehensive Personal Insurance
$
$
Farmer's Medical Payments Insurance
$
$
$
$
TOTAL 100
ADVANCE PREMIUM $
This Declaration Page with Policy Provisions, Coverage Part(s) and Endorsement(s) c:omplete above numbered policy.
In Witness Whereof, the company issuing this policy has caused this policy to be signed by its authorized officers, or the authorized officers of its U.S.
Manager, Chubb & Son Inc.. but this policy shall not be valid unless also signed by a duly authorized representative of the company.
7/3/84 MB
PACIFIC INDEMNITY COMPANY
~Il.~
CHUBB & SON INC., U.S. MANAGER OF
FEDERAL INSURANCE COMPANY SUN INSURANCE OFFICE LIMITED
President
6dL-..-.-.P tv avZ. ,/ .RJ
Secretary
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----
7/"'{ se~'ta::~
p.2688( 15M)
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Form 07-02-02/5 Part (Rev. 8.78HFormerly 21000)
---y:
OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE COVERAGE PART
COVER.II. FOR OPERATIONS OF DESIGNAW CONTRACTOR
. ,
Ct~UElEl
.
SCHEDUlE
.
Insurance applies only to those coverages for which a Limit of liability is shown.
~
(85)
Policy No. 7144-77-33
_. CDVERAGES LIMITS OF LIABILITY Premium Bases Rates Advance Premium
A Bodily Injury liability $ 3,000,000 each occurrence Cost $100 of Cost $
29,400 .109 32
$ 500,000 each occurrence Cost $100 of Cost
B. Property Damage Liability $ 1 000 000 aggregate 29 400 . n~, Q
Total Advance Premium $ 100 MP
~..Code 16292 - Construction Ooerations - Owno~
Check here if the following provision is applicable: LxJ
The person Of organization designated below as the Contractor has undertaken to pay the premium for this policy and shall be entitled to receive any return pre-
miums and dividends, if any, which may become payable under the terms of this policy.
Designation
of Contractor James McCul1aqh Co., Ir"'"
Mailing
Address 7 5 East Bethpage Rd., Pliainview, N. Y. 11803
Location of
Covered Operations Southo1d Scavenger Waste Project.
When used as a premium basis:
"cost" means the total cost to the named insured with respect to operations performed for the named insured during the policy period by independent contractors of all work let
or sub-let in connection with each specific project, including the cost of all labor, materials and equipment furnished,. used or delivered for IIse in the execution of such work,
whether furnished by the owner, contractor or subcontractor, including all fees, allowances, bonuses or commissions made, paid or due.
I. COVERAGE A-BODILY INJURY LIABILITY
CDVERAGE B - PROPERTY DAMAGE LIABILITY
The company will pay on behalf of the insured all sums which the insured shall
become legally obligated to pay as damages because of
Coverage A. bodily injury or
Coverage B. property damage
to which this policy applies, caused by an occurrence arnfarising out of (1) operations
performed for the named insured by the contractor designated in the declarations at the
location designated therein or (2) acts or omissions of the named insured in connection
with his general supervisionof such operations, and the company shall have the right a~d
duty to defend any suit against the insured seeking damages on account of such bodily
injury or property damage, even if any of theallegations of the suit are groundless, false
or fraudulent, and may make such InvestigatIOn and settlement of any claim Dr SUIt as it
deems expedient, but the company shall not be obligated to pay any claim or Judgment or
to defencl any suit after the applicable limit of the company's liability has been exhausted
by payment of judgments or settlements.
Exclusions
This policy does not apply:
(a) to liability assumed by the insured under any contract or agreement except an
incidental c:ontract; but this exclusion does not apply to a warranty that work performed
by the desi,~nated contractor will be done in a workmanlike manner;
(b) to bodily injury or property damage occurring after
(1) all work, on the project (other than service, maintenance or repairs) to be performed
by or on behalf of the named insured at the Site of the covered operations has
been completed or
(2) that portion of the designated contractor's work out of which the injury or damage
arises has been put to its intended use by any person or organization other than
another contractor or subcontractor engaged in performing operations for a prinCipal
as a part of the same project;
(c) to bodily injury 01' property damage arising out of any act or omission of the named
insured or any of his employees, other than general supervision of work performed
for the naITIed insured by the designated contractor;
(d) to any obligation for which the insured or any carrier as his insurer may be held
liable under any workmen's compensation, unemployment compensation 01' disability
benefits laVl, or under any similar law;
(e) to bodi~y ilTjury to any employee of the insured arisin~ out of and in the course of
his emploY'llent by the insured or to any obligation of the Insured to indemnify another
bec~~se of damages ar!smg out of such. injury; but this exclusion does not apply to
liability assumed by the Insured under an Inclden1al contract;
(f) to property damage to
(1) property owned or occupied by or rented to the insured,
(2) property used by the insured,
(3) property in the care, custody or control of the insured or as to which the insured
is for any purpose exercising physical control, or
(4) work performed for the insured by the designated contractor;
(g) to bodily injury or property damage due to war, whether ,or not declared, Civil
war, insurrection, rebellion or revolution or to any act or condition incident to any of
the foregoL1g, with respect to (l) liability assumed by the insured under an incid~ntal
contract, or (2) expenses for first aid under the Supplementary Payments proVISion
of the policy;
(h) to bodily injury or property damage arising out of (1) the ownership, maintenance,
operation, use, loading or unloading of any mobile equipment while being used in any
prearranged or organized racing, speed or demolition contest or in any stunting activity or
in practice or preparation for any such contest or activity or (2) the operation or use of
any snowmobile or trailer designed for use therewtth;
(i) to bodily injury or property damage arising out of the discharge, dispersal, release
Form 210:W (Rev. 1-73)
or escape of smoke, vapors. soot, fumes, acids, alkalis, toxic chemicals, liquids or gases,
waste materials or other irritants, contaminants or pollutants into or upon land, the
atmosphere or any water course or body of water; but this exclusion does not apply if
such discharge, dispersal. release or escape is sudden and accidental;
(j) to loss of use of tangble property which has not been physically injured or de.
stroyed resulting from
(1) a delay in or lack of performance by or on behalf of the named insured of any
contract or agreement, or
(2) the failure of the named insured's products or work performed by or on behalf of
the named insured to meet the level of performance, quality, fitness or durability
warranted or represented by the named insured;
but this exclusion does not apply to loss of use of other tangible property resulting from
the sudden and accidental physical injury to or destruction of the named insured's
products or work performed by or on behalf of the named insured after such products
or work have been put to use by any person or organization other than an insured.
II. PERSONS INSURED
Each of the following is an insured under this policy to the extent set forth below:
(a) if the named insured is designated in the declarations as an individual, the person
so designated and his spouse;
(b) if the named insured is designated in the declarations as a partnership or joint
venture, the partnership o. joint venture so designated and any partner or member
thereof but only with respect to his liability as such;
(c) if the named insured is deSignated in the declarations as other than an individual,
partnership or joint venture, the organization so designated and any executive officer,
director or stockholder thereof while acting within the scope of hiS duties as such; and
(d) any person (other than an employee of the named insured) or organization while
acting as real estate managEr for the named insured.
III. LIMITS OF LIABILITY
Regardless of the number of (1) insureds under this policy, (2) persons or organiza-
tions who sustain bodily injlJrY or property damage, or (3) claims made or suits brought
on account of bodily injury or property damage, the company's liability is limited as
follows:
Coverage A- The total Jiability of the company for all damages, including damages
for care and loss of services, because of bodily injury sustained by one or more per-
sons as the result of anyone occurrence shall not exceed the limit of bodily injury
liability stated in the schedule as applicable to "each occurrence".
Coverage B- The totalliaJility of the company for all damages because of all property
damage sustained by one or more persons or organizatIOns as the result of anyone
occurrence shall not exceed the limit of property damage liability stated in the schedule
as applicable to "each occurrence".
Subject to the above provision respecting "each occurrence", the total. liability of
the company for all damages because of all property damage to which thiS coverage
applies shall not exceed t~e limit of property damage liabiljty stated in the schedule
as "aggregate" If more than one project is designated in the schedule, such aggregate
limit shall apply separately with respect to each project.
Coverages A and B--For the purpose of determining the limit of the company's
liability, all bodily injury and property damage arising out of continuous or repeated
exposure to substantially the same general conditions shall be considered as arising
out of one occurrence.
IV. ADDITtONAL DEFINITION
When used in reference to this insurance (including endorsements forming a part
of the policy):
"work" includes materials, parts and equipment furnished in connection therewith
V. POLICY TERRITORY
This insurance applies only to bodily injury or property damage which occurs within
the policy territory.
L-6472 (5M) ~~,,\~~:."
~
CHUBa
. .
THIS ENDORSEMENT CHANGES THE POLICY. P'LEASE READ IT CAREFU~Y.
This endorsement changes the policy effective on the inception date of the policy unless a different date is indicated below.
(The following need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on
6/8/84
at 12:01 A.M. standard time, forms a part of
policy No. (85) 7144-77-33
(DATE)
of the Federal Insurance Company
(NAME OF INSURANCE COMPANY)
issued to: Town of Southold and/or Town Board
Producer: Allied Coverage Corp.
Named Insured
Town of Southold and/or Town Board, Town Hall, 53095 Main Rd.
Southold, N.Y.; and Inc. Village of Greenport, 236 3rd St., Greenport,
N.Y., and Holzmacher, McLendon & Murrell P.C., 125 Baylis Rd., Suite
140, Melville, N.Y.
All Other Terms and Conditions Remain Unchanged
~
Forrn 16-02-33/5 Pari (Ed. 4-78)
P-39133 (30M)
.~'N'"O
..
~,....
~.
CHU..
. .
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUttV.
This endorsement changes the policy effective on the inception date of the policy unless a different date is indicated below.
(The following need be completed only when this endorsement Is issued subsequent to preparation 01 the policy,)
This endorsement, effective on
6/8/84
(DATE)
al: 12:01 A.M. standard time, forms a part of
policy No. (85) 7144-77-33
Federal Insuranc.! Company
(NAME OF INSURAI\ICE COMPANY)
Town of Southold and/or Town Board
of the
issued to:
Prc>ducer:
Allied Coverage Corp.
It is hereby understood and agreed that thirty (30) days
advance notice will be given to the named insured in the
event of cancellation or non-renewal of the captioned
policy, except infue case of non-payment.
All Other Terms and Conditions Remain Unchanged
FOI.m 18-02-33 / 5 Part (Ed. 4-78)
P-39133 (30M)
..."N'I'rO
"
.......
CHUBB
11Uti:F~OVEtlA G! CO:RP.
,. . :'.','_:~6c""" .'.".'_'_ ':~'.-.'..o-_,,-_ _._,J- -"< :;y .:: ,-
BONDS:' . INSURA-NC~ '
... ;U;!f~:y)j-'RoAD
ROS~YNr::..e-'!~t-fr..:-NEV"fVORK 11577
'Iln6t&28-92~
GENERAL LIABILITY -AUTOMOBILE POLICY
Th is pol icy provides generalliabilityor automobile insurance
or both, as shown on the pages within. Please read your policy.
-""1'
~
POLICY PROVISIONS
In consideration of the payment of the premium, in reliance upon the statements in the declarations made a part hereof and subject tb all of the terms of this policy, the com-
pany agrees with the named insured as follows:
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of liability
(a) all expenses incurred by the company, all costs taxed against the insured In any
SUIt defended by the company and all Interest on the entire amount of any Judgment
therein which accrues after entry of the judgment and before the company has paid
or tendered or deposited in court that part of the judgment which does not exceed
the limit of the company's liability thereon;
(b) premiums on appeal bonds required in any such suit premiums on bonds to
release allachments in any such suit for an amount not in excess of the applicable
limit of liability of this policy, and the cost of bail bonds required of the insured because
of accident or traffic law violation arising out of the use of any vehicle to which this
policy applies, not to exceed $250 per bail bond, but the company shall have no obligation
to apply for or furnish any such bonds;
(c) expenses incurred by the insured for first aid to others at the time of an accident,
for;bodily injury 10 which this policy applies;
(d) reasonable expenses incurred by the insured at the company's request In assisting
the company in the investigation or defense of any claim or SUI!. including actual loss
of earnings not to exceed $25 per day.
DEFINITIONS
When used in this policy (including endorsements forming a part hereof)'
"automobile" means a land motor vehicle, trailer or semitrailer deSigned for travel
on public roads (including any machinery or apparatus attached thereto), but does
not include mobile equipment;
"bodily injury" means bodily injury, sickness or disease sustained by any person
which occurs during the policy period, including death at any time resulting therefrom;
"collapse hazard" Includes 'structural property damage" as defined herein and
property damage to any other property at any time resulling therefrom "Structural
property damage" means the collapse of or structural injury to any building or structure
due to (l) grading of land, excavating, borrOWing, filling, back-filling, tunnelling, pile
driving, cofferdam work or caisson work or (2) moving, shorln~, underpinning, raising
or demolition of any bUilding or structure or removal or rebUilding of any structural
support thereof. The collapse hazard does not include property damage (1) arising out
of operations performed for the named insured by independent contractors, or (2) Included
Within the completed operations hazard or the underground property damage hazard, or (3)
for which liability is assumed by the insured under an incidental contract;
"completed operations hazard" includes bodily injury and property damage arising out of
operations or reliance upon a representation or warranty made at any time With respecl
thereto, but only if the bodily injury or property damage occurs after such operations have
been completed or abandoned and occurs away from premises owned by or rented to the
named insured. "Operaflons" Include mafenals, parts or equipment furnished In connec-
tion therewith. Operations shaH be deemed completed at the earliest of the following times
(1) when all operations to be performed by or on behalf of the named insured under the
contract have been completed,
(2) when all operations to be performed by or on beh~lf of the named insured at the site of
the operations have been completed, or
(3) when the portion of the work out of which the injury or damage arises has been put to
its Intended useby any person or organization other than another contractor or subcon-
tracforengaged In performing operations fora pnnclpal asa partofthe same project
Operations which may require further service or maintenance work, or correction, repair
or replacement because olany defecl or deficiency, but which are otherwise complete, shall
be deemed completed
The completed operations hazard does not Include bodily injury or property damage
arlsmgout of
(a) operations in connection with the transportation of property, unless the bodily injury
or property damage arises out of a condition in or on a vehicle created by the loading or
unloading thereof,
(b) the eXistence oflools, uninstalled equipment or abandoned or unused materials, or
(c) operations for which the classification stated in the policy or m the company's manual
specifies "including complefed operations";
"elevator" means any hoisting or lowering device to connect floors or landings, whether
or !lot In service. and all appliances thereof Including any car, platform, shaft, hOlstway.
stairway, runway. power equipment and machinery: but does not Include an automobile
serVicing hOiSt, or a hOist Without a plafform outside a bUilding if without mechanical power
or if not attached to building walls, or a hod or material hoist used in alteration, construc.
tion or demolition operations, or an inclmed conveyor used exclusively for carrYing proper-
ty or a dumbwarter used exclusively for carrying property and having a compartment
height not exceeding four feet
"explosion hazard" includes property damage arISing outof blasting or explosion. The
explosion hazard does not Include property damage (I) arising out of the explOSion of air
or steam vessels, piping under pressure, prime movers, machinery or power transmifting
equipment. or (2) ariSing out of operations performed for the named insured by independ-
ent contractors, or (3) Included within the completed operations hazard or fhe underground
property damage hazard, or (4) for which liability IS assumed by the insured under an
incidental contract;
"incidental contract" means any written (1) lease of premises, (2) easemenf agreement,
excepf In connection with construction or demolition operatIOns on or adjacent to a rail-
road, (3) undertaking to Indemnify a municipality reqUired by municipal ordinance, except
In connectIOn With work for the muniCipality, (4) sldefrack agreement. or (5) elevator
maintenance agreement
"insured" means any person or organization qualifying as an insured In the "Persons
\nsured" prOVision of the applicable insurance coverage. The insurance afforded applies
separately to. each insured against whom claim is made or suit is brought, except with re-
spect to the limits of the company's liability:
"mobile equipment" means a land vehicle (including any machinery or apparatus at-
tached thereto), whether or not self-propelled, (1) not subject to motor vehicle registration,
or (2) maintained for use exclUSively on premises owned by or rented to the named insured,
including the ways immediately adjOining, or (3) designed for use principally off publ,ic
roads, or (4) designed or mamtained for the sole purpose of affording mobility to equip-
ment of fhe following types forming an mtegral part of or permanently attached to such
(2)
vehicle: power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the
mix-in-transit type); graders, scrapers, rollers and other road construction or repair equip-
ment; air-compressors, pumps and generators, including spraying, welding and building
cleaning equipment; and geophysical exploration and well servicing equipment;
"named insured" means the person or organization named in Item 1. of the declarations
of this policy;
"named insured's products" means goods or products manufactured, sold, handled or
distributed by the named insured or by others trading under his name, including any con-
tainer thereof (other than a vehicle), but "named insured's products" shall not include a
vending machine or any property other than such container, rented to or located for use of
others but not sold;
"occurrence" means an accident, including continuous or repeated exposure to con-
ditions, which results in bodily injury or property damage neither expected nor intended
from the standpoint of the insured;
"policy territory" means:
(1) the United States of America, its territories or possessions, or Canada, or
(2) international waters or air space, provided the bodily injury or property damage does
not occur in the course of travel or transportation to or from any other country, state
or nation, or
(3) anywhere in the world with respect to damages because of bodily injury or property
damage arising out of a product which was sold for use or consumption within the ter-
ritory described in paragraph (1) above, provided the original suit for such damages is
brought within such territory:
"products hazard" includes bodily injury and property damage arising out of the named
insured's products or reliance upon a representation or warranty made at any time with
respect thereto, but only if the bodily injury or property damage occurs away from premises
owned by or rented to the named insured and after physical possession of such products
has been relinquished to others;
"property damage" means (1) physical injury to or destruction of tangible property
which occurs during the policy period, including the loss of use thereof at any time re-
sulting therefrom, or (2) loss of use of tangible property which has not been physically in-
jured or destroyed provided such loss of use is caused by an occurrence during the policy
period;
"underground property damage hazard" includes underground property damage as de-
fined herein and property damage to any other property at any time resulting therefrom.
"Underground property damage" means property damage to wires, conduits, pipes, mains,
sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith,
beneath the surface of the ground or water, caused by and occurring during the use of
mechanical equipment for the purpose of grading land, paving, excavating, drilling, bar.
rowing, filling, back.filling or pile driving. The underground property damage hazard does
not include property damage (1) arising out of operations performed for' the named insured
by independent contractors, or (2) included within the completed operations hazard, or (3)
for which liability is assumed by the insured under an incidental contract.
CONDITIONS
1. Premium. All premiums for this policy shall be computed in accordance with the
company's rules, rates, rating plans, premiums and minimum premiums applicable to the
insurance afforded herein,
Premium designated in this policy as "advance premium" is a deposit premium only
which shall be credited to the amount of the earned premium due at the end of the policy
period. At the close of each period (or par.t thereof terminating with the end of the policy
period) designated In the declarations as the audit period the earned premium shall be
computed for such period and, upon notice thereof to the named insured, shall become
due and payable. If the total earned premIUm for the policy period is less than the premium
preViously paid. the company shall return to the named insured the unearned portion paid
by the named insured
The named insured shall maintain records of such information as IS necessary for
premium computation, and shall send copies of such record::. to the company at the end of
the policy period and at such times during the policy period as the company may direct.
2. Inspection and Audit. The company shall be permitted but not obligated to inspect
the named insured's property and operations at any time. Neither the company's right to
make inspections nor the making thereof nor any report thereon shall constitute an under-
taking, on behalf of or for the benefit of the named insured or others, to determine or
warrant that such property or operations are safe or healthful, or are in compliance with
any law, rule or regulation.
The company may examine and audit the named insured's books and records at any time
during the policy period and extensions thereof and within three years after the final termi-
nation of this policy, asfaras they relate to the subject matter of this Insurance.
3. Financial Responsibility Laws. When thiS policy is certified as proof of financial
responSibility for the future under the proviSIOns of any motor vehicle financial responsibil-
ity law, such insurance as is afforded by this policy for bodily injury liability or for property
damage liability shall comply with the provisions of such law to the extent of the coverage
and limits of liability required by such law. The insured agrees to reimburse the company
for any payment made by the company which it would not have been obligated to make un-
derthetermsofthls policy except for the agreement contained in this paragraph.
4. Insured's Duties in the Event' of Occurrence, Claim or Suit.
(a) In the event of an occurrence, written notice containing particulars sufficient to identify
the insured and also reasonably obtainable information with respect to the time, place
and circumstances thereof, and the names and addresses of the injured and of availa-
ble witnesses, shall be given by or for the insured to the company or any of its author-
ized agents as soon as practicable.
(b) If claim is made or suit is brought against the insured, the insured shall immediately
forward to the company every demand, notice, summons or other process received by
him or his representative.
(c) The insured shall coop~rate with the company and1 upon th~ compa~y's request.. as~ist
in mak10g settlements, 10 the conduct of SUits and 10 enforc1Og any right of contributIOn
or 10demnity against any person or organizatIOn who may be liable to the insured be-
cause of injury or damage with respect to which Insurance is afforded under this policy;
and the insured shall attend hearings and trials and assist in securing and giving evi-
dence and obtaining the attendance of witnesses. The insured shall not, except at his
own cost, voluntarily make any payment, assume any obligation or lOcur any expense
other than for first aid to others at the time of accident
5. Action Against Company. No action shall lie against the company unless, as a con-
dition precedent thereto, there shall have been full compliance with all of the terms of this
policy, nor until the amount of the insured's obligation to pay shall have been finally deter-
mined either by Judgment against the insured after actual trial or by written agreement of
the insured, the claimant and the company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under this policy to
the extent of the Insurance afforded by this policy. No person or organization shall have
any right under this policy to join the company as a party to any action against the insured
to determine the insured's liability, nor shall the company be impleaded by the insured or
his legal representative. Bankruptcy or insolvency of the insured or of the insured's estate
shall not relieve the company of any of its obligations hereunder.
6. Other Insurance. The insurance afforded by this policy is primary insurance, except
when stated to apply in excess of or contingent upon the absence of other insurance.
When this insurance IS primary and the insured has other insurance which is stated to be
applicable to the loss on an excess or contingent basis, the amount of the company's liabili-
ty under this policy shall not be reduced by the existence of such other insurance.
When both this insurance and other insurance apply to the loss on the same basis,
whether primary, excess or contingent, the company shall not be liable under this policy for
a greater proportion of the loss than that stated in the applicable contribution provision
below:
(a) Contribution by Equal Shares. If all of such other valid and collectible insurance pro-
vides for contribution by equal shares, the company shall not be liable for a greater
proportion of such loss than would be payable if each insurer contributes an equal
share until the share of each insurer equals the lowest applicable limit of liability under
anyone policy or the full amount of the loss is paid, and with respect to any amount of
loss not so paid the remaining insurers then continue to contribute equal shares of the
remaining amount of the loss until each such insurer has paid its limit in full or the full
amount of the loss is paid.
(bl Contribution by Limits. If any of such other insurance does not provide for contribu-
tion by equal shares, the company shall not be liable for a greater proportion of such
loss than the applicable limit of liability under this policy for such loss bears to the
total applicable limit of liability of all valid and collectible insurance against such loss.
7. Subrogation. In the event of any payment under this policy, the company shall
be subrogated to all the insured's rights of recovery therefor against any person or
organization and the insured shall execute and deliver instruments and papers and do what-
ever else is necessary to secure such rights. The insured shall do nothing after loss to
prejudice such rights.
8. Changes. Notice to any agent or knowledge possessed by any agent or by any other
person shall not effect a waiver or a change in any part of this policy or estop the company
from asserting any right under the terms of this policy; nor shall the terms of this policy be
waived or changed, except by endorsement issued to form a part of this policy, signed by a
duly authorized representative of the company.
9. Assignment. Assignment of interest under this policy shall not bind the company
until its consent is endorsed hereon; if, however, the named insured shall die, such insur-
ance as is afforded by this policy shall apply (1) to the named insured's legal representative,
(3)
as the named insured, but only while acting within the scujJe of his duties as such, and (2)
wilh respect to the property of the named insured, to the person having proper temporary
custody thereof, as insured, but only until the appointment and qualification of the legal
representative.
10. Three Year Policy. If this policy is issued for a period of three years any limit of the
company's liability stated in this policy as "aggregate" shall apply separately to each con-
secutive annual period thereof.
11. Cancellation. This policy may be cancelled by the named insured by surrender
thereof to the company or any of its authorized agents or by mailing to the company written
notice stating when thereafter the cancellation shall be effective. This policy may be caR-
eened by the company by mailing to the named insured at the address shown in this policy,
written notice stating when not less than ten days thereafter such cancellation shall be
effective. The mailing of notice as aforesaid shall be sufficienl proof of notice. The time of
surrender or the effective udle and hour of cancellation stated in the ',lOtice shail become
the end of the policy period. Delivery of such written nolice either by the named insured or
by the company shall be equivalent to mailing.
If the narned insured cancels, earned premium shall be computed in accordance with the
customary short rate table and procedure. If the company cancels, earned premium shall
be computed pro rata. Premium adjustment may be made either at the time cancellation is
effected or as soon as practicable after cancellation becomes effective, but payment or ten-
derof unearned premium is not a condition of cancellation.
12. Declarations. By acceptance of this policy, the named insured agrees that the state--
ments in the declarations are his agreements and representations, that this pOlicy is issued
in reliance upon the truth of such representations and that this policy embodies all agree--
ments existing between himself and the company or any of its agents relating to this
insurance.
This endorsement modifies the provisions of the policy relating to ALL AUTOMOBILE LIABILITY. GENERAL LIABILITY ANO MEOICAL PAYMENTS INSURANCE OTHER THAN COMPRE.
HENSIVE PERSONAL ANO FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT - BROAD FORM
1t is agreed that:
I. The policy does not apply:
A. Under any Liability Coverage, to bodily injury or property damage
(1) with respect to which an insured under the policy is also an insured under a
nuclear energy liability policy issued by Nuclear Energy Liability Insurance
Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such policy but for its
termination upon exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nuclear material and with respect
to which (a) any person or organization is required to maintain financial protec-
tion pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,
or(b)theinsuredis, orhad this pohcy not been issued would be, entitled to indem-
nity from the United States of America, or any agency thereof, under any
agreement entered into by the United States of America, or any agency thereof,
with any person or organization.
B. Under any Medical Paymenls Coverage, or under any Supplementary Payments
provision relating to first aid, to expenses incurred with respect to bodily injury
resulting from the hazardous properties of nuclear material and arising out of the
operation of a nudearfacility by any person or organization.
C. Under any Liability Coverage, to bodily injury or property damage resulting from the
hazardous properties of nuclear material, if
(1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on
behalf of, an insured or (b) has been discharged or dispersed therefrom:
(2) the nuclear material is contained in spent fuel or waste at any time possessed,
handled, used, processed, stored, transported or disposed of by or on behalf
of an insured; or
(3) the bodily injury or property damage arises out of the furnishing by an insured
of services, materials, parts or equipment in connection with the planning, con-
struclion, mainlenance, operation or use of any nuclear facility, but if such facil-
ity is located within the United States of America, its territories or possessions
or Canada, this exclusion (3) applies only to property damage to such nuclear
facility and any property thereat.
II. As used in this endorsement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" means source material, special nuclear material or byproduct
material;
"source material", "special nuclear material", and "byproduct material" have the mean-
ings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof;
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been
used or exposed to radiation in a nuclear reactor;
"waste" means any waste malerial (1) containing byproduct material and (2) resulting
from the operation by any person or organization of any nuclear lacility included within
the definition of nuclear facility under paragraph (a) or (b) thereof;
"nuclear facility" means
(a) any nuclear reactor,
(b) any equipment or device designed or used for (1) separating the isotopes of urani-
um or plutonium, (2) processing or utilizing spenlluel,or (3) handling,'-processing
or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special
nuclear material if at any time the total amount of such material in the custody of
the insured at the premises where such equipment or device is located consists of
or,contains more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the stor-
age or disposal of, waste,
and includes the site on which any of the foregoing is located, all operations conducted
on such site and all premises used for such operations;
"nuclear reactor" means any apparatus designed or used to sustain nuclear fission in
a self-supporting chain reaction or to contain a critical mass of fissionable material;
"property damage" includes all forms of radioactive contamination of property.
NEW YORK -It is agreed lhal the provisions of the "Nuclear Energy Liability Exclusion Endorsement-Broad Form", printed above, does not apply in New York with respect to any
Automobile Bodily Injury Liability and Automobile Property Damage Liability coverage afforded by this polley.
Form 07-02-01 (RElv. 1-73) (Formerlv 21100)
R-14648 (30M)
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CHUBB
GENERAL LIABILITY -AUTOMOBILE POLICY
ThiS policy pfovidesgeneralliabilityor automobile insurance
orboth, as shown on the pages within. Please read your policy.
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CHUBB GROUP
of Insurance Companies
100 William Street 3200 Wilshire Boulevard
New York, NY 10038 Los Angeles. Calif. 90010
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DECUlIRAfiONS
GENEFIAL LIABILITY-AUTOMOBILE POLICY
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Pnor Nlumber New Line
Producer Number 3 - 6 3 218
Policy Number G LP ( 85) 7144- 77 - 33
Item 1
Named Insured & Address
Town of Southo1d and/or Town Board
Towr, Hall
530515 Main Road
Southo1d, N.Y. 11971
Name, Mailing Address of Producer
Allied Coverage Corp.
165 Ros1yn Road
Roslyn, New York 11576
Named Insured D Individual D Partnership D CorporallOn
Item 2 12:01 AM standard time at the address
Policy Period of the Named Insured as stated From
..........' ~ ...,-...... ,.-",,;,' ..i'~ "'.... ",....'" .,.",.(;",i~~'.k""'-"'"'' "-~,._, .;;l>-.'*'
Issued by the stock insurance company indicated
(by "x" bl~low) herein called the company
X FEDER~'L INSURANCE COMPANY
Incorporated under the laws 01 New Jersey
PACIFIC INDEMNITY COMPANY
Incorporated under the laws o! California
SUN INSURANCE OFFICE LIMITED
Incorporated under the laws 01 England
D JOint Venture ~ Other Municipa1i tv
A.udit Penod-Annual unless otherwise stated below.
6/8/84 To 6/8/85
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Insurance is afforded only with respect to the Coverage Part(s} specified by a premium charge:
Coverage Part Advance Prem lurn COllerage Part
Advance Premium
$
$
;ompretlensive General liability Insurance
$
Basic Automobile Liability Insurance
$
lersonal Injury Liability Insurance
$
Comprehensive Automobile Liaullity Insurance
$
;ontractual liability Insurance (Blanket)
$
Automobile Medical Payments Insurance
$
;ontractual liability Insurance
(Designated Contracts Only)
$
Protection Against Uninsured Motorists Insurance
$
'remises Medical Payments Insurance
$
Automobile PhYSical Da.mage Insurance
(Fleet Automatic)
$
)wners', Landlords' and Tenants' LIability Insurance
$
Automobile PhYSical Da.mage Insurance {Non-Fleet}
$
Aanufacturers' and Contractors' Liability Insurance
$
Automobile Physical Da.mage Insurance (Dealers)
$
)wners' and Contractors' Protecttve Liability Insurance
(Coverage for Operations of DesIgnated Contraclor)
$
100 MP
Garage Insurance
$
;ompre~lensive Personal Insurance
$
$
armer's Comprehensive Personal Insurance
$
$
'armer's Medical Payments Insurance
$
$
$
$
TOTAL 100
ADVANCE PREMIUM $
This Declaration Page with Policy Provisions, Coverage Partes) and Endorsement(s) c:omplete above numbered policy.
Witness Whereof, the company issuing this pOlicy has caused this policy to be Signed by its authorized officers, or the authorized officers of its U.S.
mager, Chubb & Son Inc., but this policy shall not be valid unless also signed by a duly authorized representative of the company.
7/3/84 MB
PACIFIC INOEMNITY COMPANY
~Il.~
CHUBB & SON INC., U.S. MANAGER OF
FEDERAL INSURANCE COMPANY SUN INSURANCE OFFICE LIMITED
President
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Secretary
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Secrf't<HY
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C....UBB
COVERA.FOR OPERATIONS OF DESIGNAT_CONTRACTOR
SCHEDULE .
- - Insurance applies only to those coverages for which a Limit of Liability is shown.
COVERAGES LIMITS OF LIABIlITY Premium Elases Rates Advance Premium
7' Bodily Injury liability $ 3,000,000 each occurrence Cost $10001 Cost $
29,400 . 109 32
f---~--, $ 500,000 each occurrence Cost $100 of Cost
B Property Damage LiabIlity $ 1.000 000 aggregate 29 4010 .031 9
Total Advance Premium $ 100 MP
f--~Code 16292 - constr~ Operations - Owner
Check here If the followmg proVIsion IS applICable:
The person or organization deSignated below as the Contractor has undertaken 10 pay the premIUm for ths policy and shaH be entitled to receive any return pre-
miums and dividends, if any, whIch may become payable under the terms of thiS policy -
f--- _
DeSignatIOn
f--- 01 Contractor James McCullaqh Co. , I'=---
Mailmg
Address 75 East Bethpage Rd. , Pl.~inview, N.Y. 11803
f--~--, - ---,~~-
LocatIOn of
Covered Operations Southold Scavenger Waste Project.
."~---_. ---.
(85)
McyNa. 7144-77-33
hen used as a premium basis:
osl" means the total cost 10 the named _insured with respect to operations performed for the named insured during the poliCY period by Independent contractors of all work lei
sub-let in connectIOn WIth each :>peclflc proJect. Including the cosl of all labor, matenals and equipment furnlshed,_ used or delivered lor llse In the executIOn of such work,
1ether furnished by the owner, contractor or subcontractor, including all lees, allowances, bonuses or commiSSions made, paid or due
COVERnGE A-BODILY INJURY LIABILITY or escape alsmoke, vapors, soot, fumes, acids, alkaliS. toxic chemicals, liquids or gases.
COVERI~GE B-PROPERTY DAMAGE lIABIUlY waste materials or other IllItants, contammants .or pallutants Into .of upan land, th~
The company w!!1 pay on behalf .of the insured all sums which the insured shalt atmasphere .or any water course .or b.ody .of water; but thiS excluslan, daes not apply If
~come legally obligated to pay as damages because .of such discharge, dispersal. release .or escapels sudden and aCCldent~l, .
CAb d'l .. (J) ta lass .01 use of tangible property which has nat been phYSically Injured or de-
overage - a I Y Injury or strayed resultmg from
Coverage S, praperty damage _ _ _ (I) a delay In .or lack of IJerfarmance by .or an behalf .of the named insured .of any
which this p.olicy applie.s, caused by an .occurrence and arising aut of (1) operatlans cantrad .or agreement, .or
'rfarmedlar the namedmsured by the cantractor deSIgnated In t~e declarations at the (2) the failure .01 the named insured's products or work performed by or an behalf 01
::atl~n deSignated therein or (2) acts .or omlSSlOns .of the named Insured H\ cannectlon the named insured to meet the level of performance, quality, fitness .or durability
th hiS general supervlslon,of such.operatlOns, and the campany shall have the nght a~d warranted or represented by the named insured;
~ty ta defMd any SUIt against t.he Insured seeking damages an accaunt .of such bodily but this exclusian does nat apply ta lass of use .of other tangible praperty resulting !rom
jury or praperty damage, even If any of ,the allegatlans of the SUIt <He groundless, false the sudden and accidental physical Injury to or destruction of the named insured's
fraudulerlt and may make such lI1vestlgatlon and settlement of any claim .or SUit as It products or work performed by or on behalf of the named insured after such products
.ems expedlenC butthe campany shall not be .obligated to pay any claim or Judgment or or wark have been put to use by any person or orgallllatlOn other than an insured.
defenr1 any SUtt after the applicable limit of the company's Ildbllity has been exhausted II PERSONS INSURED
payment of Judgments or settlements. '., .
. Each of the follOWing IS an Insured under this pal icy to the extent set forth below
dUSlons, (a) If the named insured IS deSignated In the declaratIOns as an mdlvldual. the persall
This pahcy daes not dPply: . , so deSignated and his spause;.. . .
) to liability assumed by the Insured under any conlrdr.l .or agreement except an (b) If the named insured IS deslgniited In the declaratlans as a partnership 01 joint
cidental (ontract huf thiS exclUSion does not apply to a warranty that wark performed venture, the partnership OJ. Jomt venlure sa deSignated and any partner or member
the deSignated ~ontrac!or Will be done III a workmanlike manner, thereot but ul1ly wllh respeclto his IldLlIlity <IS such,
) to badily injury .or property damage occurrll1g after (c) if the named insured IS designated in ,the declarations as other than an individual.
) all work on the project (other than :,crVlce, maintenance or repairs) to be performed partnership or JOint venture, the organlzatlan so deSignated and allY executive officer
by or on behalf of the named insured at Ihe site of the covered operatIOns has director or stackholder thereot while acting wlthlll the scope of hiS duhes as such; and
been completed or . . . . (dl any person (other than an employee of, the named insured) or organization while
) that portIOn 01 the de:;l~nated contractor's work out .01 which the II1Jury ur damage actll1g as real estate manager far the named msured.
arises has been put to ItS II1tended use by any person or orgal1lzation other than III. LIMITS OF LIABILITY
another contractor or subcantractar engaged In performing operatlans for a prinCipal ,Regardless of the number of (1) insureds under this policy, (2) persons or organiza.
as a part of the same proJect; .' , . tlOns who sustain bodily injury .or property damage, or (3) claims made Dr suits brought
.I to bodily injury or property damage arisll1g out of dny act or .omiSSion .of the named on account of bodily injuf)f or praperty damage, the company's Ililblllty IS limited as
'lured or any of hiS employees, ather than general sUf}ervlslan of work performed follows
r the named insured by the deslgnaled contractol;. .. Coverage A --The tolal Jiablltty of the company far all damages, II1cludll1g damages
) 1.0 any obligatIOn for whIch the insured or any CiHner as hiS II1su~er may be held for care and lass .of services, because of bodily injury sustained by_ one or mare per.
ble under any workmen's compensation, unemployment compensatIOn or disability sons as the result of anyone occurrence shall not exceed the linllt of bodily injury
nefits law, .or under any Similar law; , _ . liability stated 111 the schedule as applicable to "each occurrence"
) ta bodUy injury to any employee of the insured arlSll1g oul .of and In the course of Caverage B The totalliallility of the campany for all damages because of all praperty
; employment by the insured or to any obl,igation of the insured ta indemnify another damage sustall1ed by one or more persons or organizations as the result of anyone
cause of damages anSll1g out of such Injury; but thiS exclusion daes not apply to occurrence shall not exceeclthe limit of property damage liabIlity stated 111 the schedule
bility assumed by the insured under an inCidental can tract; as applicable to "each .occurrence".
I to praperty damage to , Subject to the above prOVision respecting "each .occurrence", the tolal liabIlity of
) property owned or occupied by or rented to the insured, the campany far all damages because of all praperty damage to which this caverage
) prapert:v used by the insured, ,applies shall not exceed the limit of property damage ,liability stated In the schedule
l prapert:v 111 the care, custody .or control of the insured or as to which the insured as "aggregate" If more than one project IS deSignated In the schedule, such aggregate
is for any purpase exercising physical control, .or limit shall apply separately with respect to each praject
) work performed for the insured by the deSignated contractor; .. ,Caverages A and B- For the purpose of determll1l11g the limit of the company's
} to bodily injury or praperty damage due to war, whether .ar not declared, Civil llabdlty, all badily injury and praperty damage ariSing out of continuous or repeated
ir, insurrection, rebellion or revolution or to any act .or condition inCident 10 any of exposure 1.0 substantially t'le same general conditions shall be considered as arising
t: foregomg, wrth respect to (I) liabtlity assumed by the insured under an incidenlal out of one .occurrence.
ntract, or (2) expenses for hrst'ald under the Supplementary Payments prOVISion IV. ADDITIONAL DEFINITION
the pollcV; _ . When used In reterence to this Insurance (includll1g endorsements forming a part
I to ,bodilly injury or property d~mage arislOg ~ut of \ t) the ownership, maintenance, of the policy):
eratlon, use, laadmg or unloadlllg of any mobde equipment while belng_ used ,In any "work" includes materials parts and eqUipment furnished In cannection therewith
~arranged .or .organized raCll1g, speed .or demalttlOn conlest .or In any stuntll1g activIty or '
practice or preparallon for any such cantest .or activity .or (2) Ihe .operation or use of V. POLICY TERRITORY
y snowmobIle .or trailer designed far use thereWith; rhls II1surallce applies olly ta bodily injury or property damage which occlJrs withiO
i to badily injury or prape,ty damage ansing out of the discharye, dISper\ill, rcll~il:-;r the policy territory
.~
THIS ENDOtEMENT CHANGES THE POLICY. PLEtE READ IT CAREFUi.._Y.
Cl-IU&B
This endorsement changes the policy effective on the inception date of the policy unless a different date is indicated below.
(The following need be completed only when this endorsement IS Issued subsequent \0 preparation of the policy.)
This endorsement, effective on
6/8/84
at 12:01 A.M. standard time, forms a part of
(DATE)
policy No. (85) 7144-77-33
~~e Federal Insurance Company
(NAME OF INSUAANGE COMPANY)
issued to: Town of Southold and/or Town Board
Producer: Allied Coverage Corp.
Named Insured
Town of Southold and/or Town Board, Town Hall, 53095 Main Rd.
Southold, N.Y., and Inc. Village of Greenport, 236 3rd St., Greenport,
N.Y., and HOlzmacher, McLendon' Murrell P.C., 125 Baylis Rd., Suite
140, Melville, N.Y.
All Other Terms and Conditions Remain Unchanged
Fornl16-02-33 5 Part (Ed. 4-78)
P-39133 (30M)
....,;'..~..
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.
.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUL..V.
. . Ot1U..
This endorsement changes the policy effective on the inception date of the policy unless a different date is indicated below.
(The lollowing need be completed only when this endorsement Is issued subseQuent 10 preparation of the policy_)
This endorsement, effective on
6/8/84
(DATE)
at 12:01 A.M. standard time, forms a part of
policy No. (85) 7144-77- 33
of the
Federal Insurance Company
(NAME OF INSUAAf\ICE COMPANY}
isslued to:
Town of Southold and/or Town Board
Producer:
Allied Coverage Corp.
It is hereby understood and agreed that thirty (30) days
advance notice will be given to the named insured in the
event of cancellation or non-renewal of the captioned
policy, except infue case of non-payment.
All Other Terms and Conditions Remain Unchanged
r""" IR--0:' 11 ,; Pr,d IF" 4 7B\
.~,~..~."
.
.
POLICY PROVISIONS
In considlHation of the payment of the premium, in reliance upon the statements in the declarations made a part 11ereof and subject to all of the terms of this policy, the com-
pany agrees with the named insured as follows:
SUPPLEMENTARY PAYMENTS
The company will pay, in addition to the applicable limit of liability
(a) all expenses incurred by the company, all costs laxed against the insured In any
;uil defended by the company and all interest on the entire amount of any Judgment
herein which accrues after entry of the judgment and before the company has paid
If tendered or deposited in court that part of the Judgment which does nol exceed
he limit ol~ the company's liability thereon:
(b) premiums on appeal bonds required In any such SUIt, premiums on bonds to
elease attachments in any such suit for an amount not in excess of the applicable
Imit of liability of thiS policy, and the cost of ball bonds required of the insured because
of accident or traffic law VIOlation arising out of the use of any vehicle to which this
poliCY applies, not to exceed $250 per bail bond, but the company shall have no obligation
to apply for or furnish any such bonds;
(c) expenses incurred b:,. the insured fOf lirst aid to others at the time of an aCCident,
for bodily injury to which this policy applies;
(d) reasonable expenses incurred by the insured at the company's request In assishng
the company in the investigation or defense of any claim or suit, mcluding actual loss
of earOlngs not 10 exceed $25 per day
DEFINITIONS
When used in this poliCY (Including endorsements for ming a part hereof)
"autom<lbile" means a land motor vehicle, trailer or seml\raller designed for travel
)n public roads (mcluding any machlflery Of apparatus attached thereto), but does
lot include mobile equipment;
"bodUy injury" means bodily IOjury, Sickness or dIsease sustained by any person
NhlCh occurs dU(lng the policy period, IOcludll1g death at any time resultlOg therefrom;
"collap!.e hazard" includes "structural property damage" as defined herem and
)foperty damage to any other properly at any time resulting therefrom "Structural
lroperty damage" means the COllapse of or structurallnlury to any bUlldmg or structure
Jue_to (1) grading of land, excavatlOg, borrowmg,flllmg, back-lllllOg, tunnelllOg,. pile
JuvlOg, cofferdam work orcalsson work or (2) movlOg, shorlOg, underplOOIng, ralslOg
,r demolition of any buJ\dlOg or structure or removal or rebUIlding of any structural
;upport thereof. The collapse hazard does not Include property damage (I) ariSing out
)f operatIOns performed for the named insured.by Independent contractors, or (2) Included
Nithin the completed operations hazard or the underground property damage hazard, or (3)
'or which liability is assumed by the insured under an incidental contract;
"complt!ted operations hazard" includes bodily injury and property damage arlslng out of
>peralion:s or reliance upon a representation or warranty made at any time With respect
[hereto, but only II the bodily injury or property damage occurs after such operations have
t>een completed or abandoned and occurs away from premises owned by or rented to the
named in:~ured_ "Operahons" mclude matenals, parts or equipment furnished In con nee
lIOn therewifh. Operations shall be deemed completed at the earliest of the follOWing times
1) when all operations to be performed by or on behall of the named insured under the
contract have been completed,
2) when all operatIOns to be performed by or on behalf of the named insured at the site of
the operations have been completed. or
3) when the portion of the work. out of which the Injury or damage arises has been put to
Its mtended use by any person or orgaOlzatlon other than another contractor or subcon-
tractor engaged In performing operations tor a prinCipal as a part 01 the same project
Operalions whIch may require further service or mamtenance work, or correction, repair
or replacement because of any delect or dehclency, but which are otherwise complete, shall
be deemed completed .
The completed operations hazard does not mclude bodily injury or property damage
Irlsmgout 01
(a) operations in connecflon With the transportation of property, unless the bodily injury
or property damage arises out of a condition m or on a vehicle created by the loading or
unloadlOg thereof,
(b) the eXistence of tools, unmstatled equipment or abandoned or unused matenals, or
(c) operations for which the claSSification stated m the policy or m the company's manual
speCIfies "Including completed operations";
"elevator" means any hoistmg or lowering deVice to connect floors or landings, whether
or not 10 serVice, and all appliances thereof mcluding any car, platform, shaft, hoistway,
staHway, runway, power equipment and machlOery; but does not mclude an automobile
servlclOg hOISt, or a horst without a platform outside a building II Without mechanical power
or II not attached to building walls, or a hod or matenal hoist used in alteration, construc-
lion or demohlion operatIOns, or an mclined conveyor used exclusively for carrymg proper-
tyor a dumbwaiter used exclusively for carrying property and having a compartment
height not exceedmg four feet;
"explosion hazard" includes property damage arismg out of blasting or exploswn_ The
explosion hazard does nof include property damage (1) arismg out of the explosion of air
or steam vessels, piping under pressure, prime movers, machinery or power lransmilling
equipment, or (2) arising out of operations performed for the named insured by independ-
ent contractors, or (3) IndJded Within the completed operations hazard or the underground
property damage hazard, or (4) lor which liability IS assumed by the insured under an
incidental contract;
"incidental contract" means any written (Illease of premises, (2) easement agreement,
except m connection WIth construction or demolthon operations on or adjacent to a rail-
road, (3) undertaking to indemnify ,I muniCipality requrred by mUniCipal ordinance, except
In connechon WIth work for the muniCipality, (4) Sidetrack agreement, or (5) elevator
maintenance agreement
"insured" means any person or organIzation qualifying as an insured in the "Persons
Insured" provISion of the applicable insurance coverage. The_ insurance afforded applies
separately to each insured agamsl whom claIm IS made or SUIt IS brought, except with re-
spect to the limits of the company's liability;
"mobile equipment" means a land vehicle (including any machlOery or apparalus at-
tached thereto), whether or not self-propelled, (I) not subject to motor vehicle regIstration.
or (2) mamtained for use exclUSively onpremises owned by or rented 10 the named insured,
IOcludmg the ways Immediately adJommg, or (3) deSigned tor use _principally off public
roads, or (4) designed or marntamed for the sole purpose of affordrng mobility to equip-
ment of the follOWing types formmg an integral part of or permanently attached to such
121
.
Ie: power cranes, shovels, loaders, diggers and drills; concrele mixers (other t.hao t~e
n-transit type); graders, scrapers, roUers an~ otl1e.r road co~structlo~ or repair ~qulp-
" air-compressors, pumps and generators, including spraymg, ~eldmg and bUIlding
ling equipment; and geophYSical exploration and well servICing equipment;
Imed insured" means the person or organization named in lIem 1. of the declarations
IS policy;
jmed insured's products" means goods or producls manufactured., sold, handled or
Ibuled by the named insured or by others trading under his name, Including any con-
r thereof (other than a vehicle), but "named insured's products" shall not include a
mg machil1e or any property other than such container, rented to or located for use of
:s but not sold;
Gcurrence'" means an accident, mcluding continuous or repeated exposure to can-
IS, which results in bodily injury or property damage neither expected nor intended
the standpoint of the insured;
~icy territory" means:
he United States of America, its territories or possessions, or Canada, or
nlernational waters or air space, provided the bodily injury or property damage does
,ot occur in the course of travel or Iransportalion to or from any other country, state
,r nation, or
,nywhere 10 the world with respect to damages because of bodily injury or property
lamage arising out of a product which was sold for use or consumptIOn within the ter-
.
ritory described in paragraph (1) above, provided the original suit for such damages is
brought within such territory:
"products hazard" includes b,odily injury and property damage ariSing out of the name4
insured's products or reliance lIpon a representation or warranty made at any time with
respect thereto, but only if the bll)dily injury or property damage occurs away from premises
owned by or rented to the namtld insured and after phYSical possession of such products
has been relinquished to others;
"property damage" means (1) physical injury to or destruction of tangible property
which occurs during the pohcy period, including the loss of use thereof at any time re-
sulting therefrom, or (2) loss 01 use of tangible property which has not been physically in-
Jured or destroyed provided such loss of use is caused by an occurrence during the pOlicy
period;
"underground property damage hazard" includes underground property damage as de-
fined herein and property dlmcl~e to any other property at any time resulting therefrom.
"Underground property damage' means property damage to wires, conduits, pipes, mains,
sewers, tanks, tunnels, any similar property, and any apparatus in connection therewith,
benealh the surface of the ground or water, caused by and occurring during the use of
mechanical equipment for the purpose of grading land, paving, excavating, drilling, bor-
rowing, filling, back-filling or pile dnvmg. The under,round property damage hazard does
not include property damage (1]. arismg out of operations performed for the named insured
by independent contractors, or (2) mcluded within the completed operations hazard, or (3)
for which liability is assumed by the insured under an incidental contract.
CONDITIONS
Premiu,m. All premIUms for this policy shalf be computed in accordance With the
lany's rules, rates, rating plans, premiums and minimum premiums applicable to the
Jnceafforded herein.
mium designated in this policy as "advance premium" IS a depOSIt premium only
I shall be credited to the amount of the earned premium due at the end of the policy
d, At the dose of each period (or par! thereof terminating with the end of the policy
d) designated In the declarabons as the audit period the earned premium shall be
,uted for such period and, upon notice thereof 10 the named insured. shall become
nd payable. If the total earned premium for the poliCY period IS less than the premium
.lUsly paid, Ihe company shall return 10 the named insured the unearned portion paid
I~ named insured
named i,nsured shall maintain records of such information as IS necessary for
lum computation, and shall send copies of such records 10 the company at the end of
Jlicy period and at such times during the policy pellOd as the company may direct.
Inspection and Audit. The company shall be permittedbul not obligated to Inspect
amed insured's properly and operations at any tIme. Neither the company's nght 10
Inspections nor the making thereof nor any report thereon shall constitute an under-
~, on behalf of or for the benefit of the named insured or others, to determmeor
Int that sllch property or operations are safe or healthful, or are In comphance With
lW. rule or regulation
. companl' may examine and audit the named insured's books and records at any time
g the policy period and extensIOns thereof and wllhin three ,years after the final terml-
il of this poliCY. as far as they relate to the subJer;t matter of thiS msurance
Financial Responsibility laws. When this policy IS certified as proof of fmancial
>nsibillty for the future under the provisions of any motor vehicle financial responsibll-
N, such insurance as IS afforded by this policy for bOdily injury liability or for property
ge liability shall comply wilh the provisions of such law to the extent of the coverage
_mits of liability reqUired by such law, The insured agrees to reimburse the company
lY payment made by the company which II would not have been obligated to make un-
Ie terms 01 this policy excepl for the agreement contained in this paragraph.
Insured's Duties in the Eventof Occurrence, Claim or Suit.
Ithe event of an occurrence, written notice containmg particulars sufficient to Identify
1e insured and also reasonably obtainable information with respect 10 the time. place
nd circumstances thereof, and the names ilnd addresses of the injured ilnd of availa-
Ie witnesses, shall be given by or for the insured to the company or any of lis author-
ed agent!. as soon as practicable.
claim is made or suit is brought against the insured. the insured shall immedIately
lrward to the company every demand, nOhce, summons 01 other process receIved by
im or his representative.
he insured shall cooperale with the company andl upon the company's request" assist
I makmg settlements, in the conduct of SUlh and m enforcmg any right of contrlbullOn
t mdemnity agamst any person or organtlillton who may be liable 10 the insured be"
luse of mJury or damage With respect 10 whICh msurance IS afforded under thIS pollc~;
Ild the in:sured shall attend hearmgs and. tnals and assist in secunng and giving eVI-
ence and obtaining the attendance of witnesses. The insured shall not, except at his
wn cosl, voluntarily make any payment, assume any obligatIOn or mcur any expense
ther than for fIrst aid to others at the time of accident
5. Action Against Compan)'. No action shall he against Ihe company unless, as a con.
dition precedent thereto, there :;hall have been full compliance with all of the terms of this
policy, nor until the amount of the insured's obligation to pay shall have been finally deter-
mined either by judgment against the insured after actual trial or by written agreement of
the insured, the cfaimant and Itle company.
Any person or organization or the legal representative thereof who has secured such
judgment or written agreement shaH thereafter be entitled to recover under this policy to
the extent of the insurance afforded by this policy. No person or organization shall have
any right under this policy to Join the company as a party to any action against the insured
to determine the insured's liability, nor shall the company be impleaded by the insured or
his legal representative. Bankru ptcy or insolvency of the insured or of the insured's estale
shall nof relieve the company of any of ils obligations hereunder.
6. Other Insurance. The insurance afforded by this policy is primary insurance, except
when stated to apply in exces:; of or contingent upon the absence of other insurance.
When this insurance is pnmary and the insured has other insurance which is stated to be
applicable to the loss on an eXCI!SS or contmgent basis, the amount of the company's liabili-
ty under thiS pohcy shall not be reduced by the existence of such other msurance.
When both thiS insurance and other Insurance apply to the loss on the same basis,
whether primary, excess or contingent, the company shall not be liable under thIS policy for
a greater proportion of the los5, than that stated in the applicable contribution provision
below:
(a) ConlribuUon by Equal Sh3rl~s. If all of such other valid and collectible insurance pro-
vides for contribution by equal shares, the company shall not be liable for a greater
proportIOn of such loss th.:IO would be payable If each insurer contributes an equal
share until the share of each insurer equals the lowesl applicable limit of liability under
anyone policy or the full amount of the loss is paid, and with respect to any amount of
loss not so paid the remaining msurers then continue to contribute equal shares of the
remaining amount of the loss unbl each such insurer has paid its limit in full or the full
amount of the loss is paid.
(b) Contribulion by limits. If any of such other insurance does not provide for contribu-
tion by equal shares, the company shall not be liable for a greater proportion of such
loss than the applicable limit of liability under this policy for such loss bears to the
total applicable limit of liability of all valid and collectible insurance against such loss.
7. Subrogation. In the event of any payment under this policy. the company shall
be subrogated to all the insured's rights of recovery therefor against any "Person or
organization and the insured shall execute and deliver instruments and papers and do what-
ever else is necessary to secu re such rights. The insured shall do nothing after loss to
prejudice such rights.
8. Changes. Notice to any agent or knowledge possessed by any agent or by any other
person shaU not effect a waiver or a change in any part of this policy or estop the company
from assertmg any rlghl under the terms of thiS poftcy; nor shall the terms of this policy be
waived or changed, except by endorsement issued to form a part of this policy, signed by a
duly authorized representative of the company.
9. Assignment. Assignment of interest under this policy shall not bind the company
until its consenl is endorsed hereon; if, however, the name4 insured shall die, such insur"
ance as is afforded by this policy shall apply (1) to the named insured's legal representative,
131
os ihe na..ed insured, but only while actinlwittiin the scoPe.s duties as such, and (2)
with resp1ect to the property of the named msured, to the person havmg proper temporary
custody thereof, as insured, but only until the appointment and Qualification of the legal
rep!esentative. .
10. Three Year Policy. II this policy is issued for a period of three years any limit of the
company's liability stated in this policy as "aggregate' shall apply separately to each con-
secutive alnnual period thereof.
11. CllnceHation. This policy may be cancelled by the named insured by surrender
thereof to the company or any of its authorized agents or by mailing to the company wrihen
notice stating when thereafter the cancellation shall be effective. This policy may be can-
eened by Ithe company by mailing to the named insured at the address shown in this policy,
written n(ltice stating when not less than ten days thereafter such cancellation shall be
effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of
surrender or the effective ,jat. hour ot cancellation stated In the nollce shall become
the end of the policy period. Delivery of such written notice either by the named insured or
by the company shall be equivalent to mailing.
If the named insure4 cancels, earned premium shall be computed in accordance with the
customary short rate table and procedure. If the company cancels, earned premium shall
be computed pro rata. Premium adjustment may be made either at the time cancellation is
effected or as soon as practicable after cancellation becomes effective. but payment or ten-
der of unearned premium is not a condition of cancellation.
12. Declarations. By acceptance of this policy, the named insured .grees th.t the state-
ments in the declarations are his agreements and representations. that this pOlicy is issued
in reliance upon the truth I)f such representations and that this policy embodies all agree-
ments existing between himself and Itte company or any of its agents relating to this
insurance.
This endorsement ..odlties the proviSions of the pOlicy relating to ALL AUTOMOBILE LIABILITY, GENERAL LIABILITY AND MEDICAL PAYMENTS INSURANCE OTHER THAN COMPRE.
HENSlVE PERSONAL AND FARMER'S COMPREHENSIVE PERSONAL INSURANCE.
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMI:NT - BROAD FORM
It is agreed lhat:
I The pOlicy does nol apply:
A. Under any Liability Coverage, to bodily injury or property damagll
(1) with respect to which an insured under the policy is also an insured under a
nuclear energy liability policy issued by Nuclear Energy Liability Insurance
Association, Mutual Atomic Energy liability Underwriters or Nuclear Insurance
Association of Canada, or would be an insured under any such policy but for its
termination upon exhaustion of its limit of liability; or
(2) resulting from the hazardous properties of nudear materiltl and with respect
to which (a) any person or organization is required 10 maintain financial protec.
tion pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,
or(b)theinsuredis, or had this polley not been issued would be. entitled to ,"dem.
nity from the United States of America, or any agency thereof, under any
a~reement entered into bV the United States of America, or any agency thereof,
With any person or orgamzation.
B. Urlder any Medical Payments Coverage, or under any Supplementary Payments
provision relating to first aid, to expenses incurred with respect to bodily injury
re~iUlting from the hazardous properties of nudear material and ariSing out of the
operation of a nuclear facility by any person or organization.
C. Under any liability Coverage, to bodily injury or property damage resulting from lhe
hazardous properties of nuclear material, if
(1) the nuclear material (a) isatany nuclear I.cilily owned by, or operated by or on
behalf of, an insured or(b) has been diSCharged or dispersed therefrom:
(2) the nuclear material is contained in spent lum or waste at any time possessed,
handled, used, processed, stored, transported or disposed of by or on behalf
of an insured; or
(3) the bodily injury or property dama.e arises out of the furnishing by an insured
of services, materials, parts or equtpmenl in connection with the planning, con.
struchon, maintenance, operation Of use of any nudear facility, but if such facil-
ity is located within the United States of America, its territories or possessions
or Canada, this exclusion (3) applies only to property damage to such nuclear
facility and any property thereat.
II. As used in this endors1ement:
"hazardous properties" include radioactive, toxic or explosive properties;
"nuclear material" mE~ans source material. special nudear material or b,product
material;
"source malerial,", "SPlleial nuclear materill", and "b,product mlterill" have Ihe mean.
ings given them 10 the ,!1Ltomic Energy Actof 1954 or in any law amendatory thereof;
"spent fum" means an~ fuel element or fuel component, solid or liquid, which has been
used or exposed 10 radiation in a nudearreacktr;
"waste" means any waste material (1) containing byproduct material and (2) resulting
from the operation by any person or organization of any nudear facility included within
the definition of nude air facility under paragraph (a) or (b) thereof;
"nudear facility" means
(a) any nudear reactor,
(b) any equipment or deVice designed or used for (1) separating the isotopes of urani-
um or plutonium, (2) processing or utiliZing spent fUel,or (3) handling,.- processing
or packaging waste,
(c) any equipment or device used for the processing, fabricating or alloying of special
nuclear material if at any lime the total amount of such material in the custody of
the insure4 at the premises where such equipment or device is located consists of
or.contains more than 25 grams of plutonium or uranium 233 or any combination
thereof, or more than 250 grams of uranium 235,
(d) any structure, basin, excavation, premises or place prepared or used for the stor-
age or disposal of, waste,
and includes the site on which any of the foregoing is located, all operations conducted
on such site and all premises used for such operations;
"nude.r reactor" means any apparatus designed or used to sustain nuclear fission in
a self-supporting chain reaction or to contain a critical mass of fissionable material;
"property damage" inclLldes all forms of radioactive contamination of property.
NEW YORK -It is a~reed that the provisions of the "Nuclear Energy liability Exclusion Endorsement - Broad Form", printed above. does not apply in New York with respect to any
Automobile Bodily InjUry liability and Automobile Property Damage liability coverage afforded by this policy.
orm 07.02-01 (Aw. 1.13) (Formerlv 21100)
R-14648 (30M)
."':-':'-0
~-..~
(41
N;:""'.......~ vc.-~.
-". ~.hTE DEPART~~ OF
CERTIFICATION OF SOND AND
ENVIRO:~"'~~ CCNSERvA7rON
INSURANCE COVERAGE
N~lme of Applicant TOWN OF SOUTHOLD
Project Southold Scavenger Waste Treatment Facility
C-36-1120-02
C,'ntract No. 4 - Electrical
Contractor McDowell electric Corp.
Da.te of Contract S ignedJu1y 13, 1984
Con tract Cos t---2197 , 797.00
Scheduled Date of Completion 18 months from date of commencement
COl!l1:lanv and Policy Number I Amourl t I Or i,g,ina1I . Renewal 1 I 2 I
Performance Bond International Fidelity Ins. Co. $97,797. 00/ I
027015
L.ibor " Material I nternational Fidelity Ins. Co.
llond 027015 $97,797.00
!lodily Injury All America Insurance Co.
Publ:Lc Liability SMP7 460 647 500,000.0( 12/31/84
Property Damage All America Insurance Co. 250,000.OC 12/31/84
Liabi.lity SMP7 460 647
',.
Central Mutual Ins. Co.
Auto :E'ublic
Li.1bi.lity~ SAP7 402 615 ~500, 000. Of 12/31/84
.
Au to P'roperty Central Mutual Ins. Co.
Damage Liabili ty
SAP7 402 615 500,000.0 12/31/84
.
Fire " Extended All America Insurance Co. ',"
Cover.age SMP7 460 647 $97,797.00 12/31/84
(Builders Risk)
;;'orkmel~ ' s The State Insurance Fund ........ ........' I
CO!lll)ensation 7n? ^^" ~. 1 O/l/R~ f
Extliration Date
Instlecti
'Jwner 1:$ P!"o tecti ve All Amp.riri=in I n~lJrance Co.
I certify that the above coverage in the amounts indicated is carried
on the project. These policies will be kept in force for the dur~tion
of the construction of the project and will be renewed ..hen necessary,
'-~~=
These documents will be av~ilable for inspection by Federal Water
Quality Administr~tion personnel during the project.
-/'~~
N..me ~/~q; --/', ./ /'A7
{/ Judith T. Terry .
Ii t le c::;,nllthnlrl Tnwn rloY"1r .
......
---
-. ----
Date
Julv 16. 1984
a:c
ET TAB STOPS AT ARROWS
" '" , ,
rtificate of Insuranc
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED
~r..:mf!~'-"II:l.1.'.~:I_I1::1:111::lr1!l.:.l1.:I']"']::I:'.
.a.._..:I_:lIl.rllla....~;..::II.:l:tT'l'L
NAME AI~D ADDRESS 01'- AGENCY
COMPANIES AFFO~iDING COVERAGES
~r. NICHOLAS KRUG AGENCY INC.
635 Jericho Turnpike
New Hyde Park, N.Y. u040
COMPANY A
LETTER
COMPANY B
LETTFR
COMPANY C
I FHEH
COMPANY 0
L lTTHl
COMPANY E
LETTER
ALL AMERICA INSURANCE CO.
CEN'rRAL MUTUAL INS. CO.
---
NAME AI~D ADDRESS OF INSURED
U .:3. FIRE INSURANCE CO.
MC DOWELL ELECTRIC CORP.
]'.0. Box 216 Edwards Ave.
Ca1verton, N.Y. 11933
ifAdd'l Insured (see below)
This is to certify that p-;;!icies of insurance Iiste<j below have been issued to the insured named above and are in force at this time. Notwithstanding any reqUirem{!nt, term or condition
of any contract o~ other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, e>cclusions and conditions of such policies.
__'COMPAN~ 'YI"I Of !NSlIRANC!
lUlE.R'
A
_.limits of liability in Thol~ands (000)
FACH
OCC'JRRfNCr
l'OLlC"'<UMRIR
F'OL ICY
EX'-'IRATiON llAlf
AG(~RfGAH
GENERAL LIABILITY
!:(I[)ILY INJURY $ 500 $ 500
A
[] COMPREHENSIVE I'ORM
:[] PIlEM"ES-OPfRf."ONS SMP7 460 647
KJ EXPLOSION AND COLLAPSf
HAZARD
[] UNDERGROUND HAZARD
KJ PRO[)UCT$/COMPLEl ED- .
OPE-RATIONS HAZARD
[] Crj~":R!\CIUAL --INSURANCf
~ BROAD FORM PRoPERty.
DAMt\Gfl
KJ INDEPENDfNT CONTRACfORS
KJ-PtRSO~IAL IN'JURY
PEC?SONAL INJURY
12/31/84
PROPERIYUAMAGF $250 $ 250
BODILY INJURY AND
PRCPfRTY OAMAGf $"\ $
~OMElIN~D
AUTOMOBilE LIABILITY
[jUOH. Y INJURY
:EACHPE'RSONJ
BobiLY INJURY'
(EACH ACCIDENT)
$
B
[]g COMPRf HfN51vr
[]g C lfiNE!
[]g I-<lmD
[]I ~C;N.O'NNrr
., 500
FORM
BAP7 402 615
12/31/84
PROPH'!T)' DAMA;Gf
--~
~C[lfL Y INJURY,AND
P~'(JPER~Y DAMA(;r
___ tOMBlh~
'-.'
I
EXCESS LIABiliTY
13(1111:." INJURY AND'
C
[1g UMBf<f LLA IORM
o ()lHI:.H THAN I.JMHRELI ,\
lCRM
1/1/85
PF~()P[I?TY U^MM~[
,3,000
D,OOO
523 319901 3
'~OMRI~I[ D
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
,IAfHA(Cllll_N'J
OT~ER
Builder s Risk
12/31/84
$97,797.00 "All Risk"
SMP? 460 647
DE-:;CRIPTI(lN OF QPERt.TIONS/LOCA.TIONSNEHICLES job: sposa D~str1.ct
*A<il.d'l Insured: Town of Southo1d, Southo1d Wastewater Dispc.sa1 District, Southo1d Town
Board, Inc., Village of Greenport, Greenport Village Board, Ho1zmacher,
McLendon & Murrell, P.C., and each of their officers, employees & agents.
ACORD 25 (1-79)
Cancellation: Should any of the above described poliCies be cancelled before the expiration date thereot, the issuing com.
pany will endeavor to mail ~ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAMEA:ftjfi~O't;FlT~~LO'tlown Clerk
Town of Southo1d
Southo1d Town Hall
Main Road
Southo1d, New York 11971
DATE ISSUFD~J.261.8}!,__
-1.1
.
II
McDOWELL ELECTRIC CORPORATION
P. O. Box 216, Edwards Avenue
Calverton, New York 11933
516.727.7272
RECEiVED
TRANSMITTAL LETTER
JUN 251984
Town Clerk Southold
Date
June 21, 1984
To: Town Hall. Office of the Town Clerk
P.O. Box 728
Southold. New York 11971
Job: Southold Scaven~er Waste Proiect
We transmit herewith for your-Information X
Approval
Files
Correction
1 each
Copies of
Return
Certificate of Insurance
Performance Bond
Certificate of Work"rs' Compensation Insurance
Sheet Nos.
Remarks
Yours very truly,
~~tr:iC C.o~orati~A
.;-')'If5~
Enclosed: 3
By Andrew McDowell .President
- --
~
CXOI(O '. .. . . ..' .. . .. .,". .' rr.."''''''''"''".l<IlG!IO!latLlI.....:rolliJ.:.
~; ., . . ... . ",' .. . .. . I 1.:ram=-:;r.ffililI:I...-o:tI:h..:I:tI{'l'L
NAME AND ADDRESS or AGENCY
J. NICliOLAS KRUG AGENCY INC.
635 Jericho Turnpike
New Hyde Park, N.Y. U040
COMPANIES AFFO~:DING COVERAGES
COMPANY
LETTER
A
B
C
D
E
CEN~1lAL MUTUAL INS. CO.
COMPANY
LETTER
ALL AMERICA INSURANCE CO.
NAME Arm ADDRESS OF INSURED
Me DOWELL ELECTRIC CORP.
P.O. Box 216 Edwards Ave.
Calverton, N.Y. 11933
COMPANY
LETTER
U.S. FIRE INSURANCE CO.
COMPANY
LETIER
--
COMPANY
LETTER
-This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithsta-nding- any requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herem is subject to all the
. terms, exclusions and conditions of such policies.
_ COMPANY
LfTTER
lYPE OF INSURANCE
POLICY NUMBLR
POLICY
FXI~IRATlON [lAIE
limits of liability in Thousands (000)
I:ACH AGGREG~TE
OCCJRRENCE
GENERAL LIABILITY
FO[lILY INJURY
$ 500
$ 500
A
~ COMPRLHENSIVE FORM
~ PR[MIS:=:S-.OPERATIONS
~ EXPLOSION AND COLLAPSE
HAZARD
~ UNDERGROUND HAZARD
[K] PRODUCTS/COMPLETED
OPERATIONS HAZARD
IRl CONTRt\C1UAL INSUR~NcE
~ BROAD FORM'PROPERTY
DAMt,GE
~lINDEPEI~DENt CONTFiAcTORS
~ pmSOf\IAL INJURY
C'
PR::.lPERTY DAMAGE
$ 250
$ 250
SMP7 460 647
12/31/84
80DIL Y INJURY AND
PROPEfifY'OAMAGP $'
COM61NED
'PE"qSO~AL .INJURY
$
B
AUTOMOBII.E"lIl\BllITY
i ~ COMPRfH'ENStVf FDRM
[] DINNEr:.
2[] Hlli[1)
~J r-.oON.-OWNf[J
BAP7 402615
Em!)llY I~JURY,
'EACH PFRSONl
BODILY1NJURY
(EACH ACCIDENT)
$
12/31/84
f'flCPlRTY lL~MAGE
,
BC[lIIY INJURY AND
'Pr,'OPE~TY DAMAGE
COMB!f\ED
COMBIf\IED
500
j.~ I. 3'00)
EXCESS UABIlITY
C
[! UMBRflLA FOP'M
o 01 HER THAN UMEIRELLA
rCRM
523 319901 3
1/1/85
SCitilLY INJLiRY ANI)
pmlPERTY DAMAGE
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
------
OTHER
Builder's RiBk
,ii/_:HN:,JDU~T)
A *
Unassigned
6/20/85
$97,797 .00
"All Risk"
DESCRIPTION OF OPERt,TlONS/lOCATIONSNEHICL[S job: Southold Wastewater Dis:posal District
* Co-insureds:
Town of Southold, Southold Wastewater DisI~sal District, Southold
Town Board, Inc. Village of Greenport, Gre:enport Village Board,
~_________ Holzmacher, McLendon & Murrell, P.C., and ~nf' th..i,. nf'f'i=~+-emploYf'~s
Cancellation: Should a~~f ~~eJbi~e described policies be cancelled before the expiration date thereot. tre Issuing com-
pany will endeavor to mail -l-O-- days written notice to the below named certificate holder, bL.,t failure to
mail such notjc(~ shall impose no obligation or liabilIty of any kind upcn the company
NAME AND ADDRESS OF r;Ef<T1FICA T E HOI DEI"
Southold Wastewater Disposal District
Town of Southold
Southold, N.Y.
DATE ISSUED
6/20/84
_Cjlt2A ~_
ACORD 25 (1-79)
TH*T A TE INSURANCE '_NO
199 CHURCH STREET, NEW YORK, N. Y.10001'
(212) 962-8900
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
EMPLOYER
CERTIFICATE HOLDER
POLICY NUMBER
MCDOWELL ELECTRIC CORP
EDWARDS AVENUE, BOX 216
CALVERTON, NY 11933
TOWN OF SOUTHOLD
MAIN STREET
SOUTHOLD, NY
702 005-0
RE SOUTHOLD SCAVENGER WASTE TREATMENT FACILITY
L
10/1/83 TO 10/1/85
u- 368912
IDATE ISSUED
6/18/84
PERIOD COVERED
CERTIFICATE NUMBER
)
THIS IS TO CERTIFY THAT THE EMPLOYER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND
UNDER THE ABOVE NUMBERED POLICY COVERING THE ENTIRE OBLIGATION OF THIS EMPLOYER FOR
WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS'COMPENSATION LAWWITI-f RESPECT TO ALL
OPERATIONS IN THE STATE OF NEW YORK.
IF SAID POLICY IS CANCELLED OR CHANGED IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 5 DAYS
WRITTEN NOTICE OF SUCH CANCELLATION OR CHANGE WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE.
NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THE
STATE INSURANCE FUND DOES NOT ASSUME ANY LIABILITY IN THE EVENT OF FAILURE TO GIVE SUCH NOTICE.
THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION.
j;.~
H. JACOSS
DIRECTOR
UNDERWRITING DEPARTIVIENT
U.26.3 (Jl977)
~
,.
~~\.-
~...*(\o
~~
\~
F\DEUTY
INSUIi-4a.
...e..
eo",.
4f~~
... COMMERCE aTltEET
~~11.t~:~
HIlWAIIK, H. ". 07.0&
LABOR AND MATERIAL PAYMENT BOND
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
BOND 11027015
Note' This bond is issued simultaneously with another bond in favor of the owner conditioned for the full and faithful performance of the contract
KNOW ALL MEN BY THESE PRESENTS:
That McDowell Electric Corp., Box 216 Edwards Avenue, Calverton, New York 11933
(Here insert full name and address or legal title of Contractor)
International Fidelity Insurance Company
as Principal, hereinafter called Principal, and 24 Connnerce Street, Newark, New Jersey 07102
(Here insert full name and address or legal title of Surety)
hereinafter called Surety, are held and firmly bound unto Town of Southold
(Here insert full name and address or legal title of Owner)
as Surety,
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of
Ninety Seven Thousand Seven Hundred Ninety Seven and IlOjIOO------ Dollars ($ 97.797.00 ),
(Here insert a sum equal to at least one. half of the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, 3dministrators, successors and assigns, jointly and sever.
ally, firmly by these presents.
WHEREAS. Principal has by written agreement dated As per contract
entered into a contract with Owner for
Scavenger Waste Treatment Facility, Greenport, New York
in accordance with drawings and specifications prepared by As per contract
(Here insert full name, title and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW. THEREFORE. THE CONOITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as herOlnafter defined,
for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain In fu II force and
effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably requi red
for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant,
may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The
Owner shall not be liable for the payment of any costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Principal, the Owner,
or the Surety above named, within ninety (90) days after such claimant did or performed, the last of the work or labor, or furnished the last of the materials tor which said claim
is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were kunished, or for whom the work or labor was done or
performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety,
at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the
aforesaid project is located, save that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied
in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period ct limitation
permitted by such law.
c) Other than in a state court of competent jurisdiction in and forthe county or other political subdivision of the state in which the project, or an) part thE-reot, is situated,
or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety I)f
mechanics' liens which may be filed of record against said improvemen~, whether or not claim for the amount of such lien be presented under anC: against this bond.
Signed and sealed this
12th
day of June
A, D. 19 84
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~O~n n.o<n. ,O~ 001)
~ffi~ (inci1?~~f-
(Title)
International Fidelity Insurance COlliP&Uy
(Sea')
(Witness)
M_{Mllo.~su"ty)
Robert D. Reuter (Title)Attorney In Fact
... County of
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State of
On this
day of
, 19_. before me personally came
to me known,
and known to me to be the individual described in and who executed the foregoing instrument, and aCknowledged tome that he executed
the same.
My commission expires
Notary Publ ie
---------------------------------------------------------------------
State of
County oL
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On this
day of
, 19__, before me personally came
to me known and known to me
to be a member of the firm of
de:;cribed in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the
act and deed of said firm.
My commission expires
Notary Public
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the corporation described in and which executed the above instrument; that e knows the seal of said corporation; that the seal affixed to
said instrument is such corporate 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 E=IC.RS:::K~~.w York ~~ ~~.~'
No. 52-1574i165. Sullolk County J . /
My commission expires Cll'M.lfti....... Expkll Mlrch 30, 198", ~-1-~'"
- v otar lic
:::?lijfl ml~,nmmu m mm m_
On this "":J J g day of r2z.",L_
L'Z,.Lu-- ~~d~~
who being by me duly sworn. did d~ose and say that he is the /~~
"" /'
, 19~, before me personally came
, to me known,
--------------------------.--------------------------------------------
State of New Y or k
County of
Nassau
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On this
12th
day of
June
84
.19
, before me personally came
Robert D. Reuter
to me known, who, being by me duly sworn, did depose and say that
he j's an attorney-in-fact of
the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal
affixed to the within instrument is such corporate seal, and that he signed the saidinstrumE!nt and affixed the said seal as Attorney-in-Fact
by authority of the Board of Directors of said corporation and by authority of this offiCe under the Standing Resolutions thereof.
EJERNMW SIEGEL
NOTARY PUBLIC, State of New York
No. 30.4509413
QUlllilieo in Nassau County Q j~
Commission Xpl March 30. 1
International Fidelity Insurance Company
My commission expires
s
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/-(~_-f, <<741~j
Notary Pub.fic
FORM # 13 25M 5/82
.
. .
INTERNATIONAL FIDELITY INSURANCIE COMPANY
Z4 COMMERCE ST., NEW ARK, NEW JERSEY 07102
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT DECEMBER 31, 1983
ASSETS
Bonds (Amortized value)
Common Stocks (Market value) .
Mortgage Loans on Real Estate
Real Estate
Cash & Bank Deposits
Short Term Investments.
Unpaid Premiums & Assumed Balances.
Reinsurance Recoverable on Loss Payments.
Interest & Dividends Due and Accrued
Funds Held in Escrow Accounts
Collateral Funds Held Under Cor:tract
Contract Balances Due & Unpaid.
Due from Essex Bonding Agency, Ine.
Equiti~s and Deposits in Pools and Associations
S'J,6k7 19
45051iJ
156.626
:-;:-,OIlO
1.]57.512
1,494,21S
145. ~r .'>4
.\.15.117
3fiO.{,,\i()
1 .~S7.:'XS
(17:on.:;.'ik)
124":'.29
14AllJ
4
TOTAL ASSETS
SI4,016.731
~JABILlTIES~,~YRP_~US & ClTllFR J-U~D~
Losses i Reported losses net as to reinsur<lnce ceded <lnd
incurred but not reported losses)
Loss Adjustments Expenses
Contingent Commissions & Other Similar Charges
Other Fxpenses (Excluding taxes, licenses and fees)
Taxes, Licenses & Fees lExcluding Federal Income Tax)
Feder<lllncome Taxes
Unearned Premiums
Funds Held hy Company Under Reinsurance Treaties
Accounts Withheld by Company for Account of Others.
Liahility for Unauthorized Reinsurance
S'i. 7J4.7:~
1.7:21,011
53.1:::6
51-;.911
107,804
.11-;,000
2.n:::,l)OO
)().OOO
L"""
<>..'i_
20.0,';9
TOTAL LIASI L1TlfS
S [0.579,33h
Capital Paid-up
Gross Paid-in & Contributed Surplus
Unassigned Funds (Surplus)
I ,004,1 ~()
3K()A~()
2.0:;:::.7<):;
Surplus as Regards Policyholders
:13A37.3':I:;
IUIAL L1ABI L1TlFS. SURPLCS & OTHFR Fl:J\DS
~ 14,0 I (', 7.~ I
I, PHILIP KONVITZ, P,esident of International Fidelity Insurance Company, certify that the foregoing is a fall
statement of Assets, Liabilities, Surplus and Other Funds of this Company at the clmc of business. Dec. 31 , Ill;..-,
as reflected by its books and records and as reported in its statement on file with ':he Insurance Department oj
the State of New Jersey.
IN TESTIMONY WHEREOF, I have set my han" and aftlxcd the seal of
the ('omp,my this 2~th day Feb. 19K4
INTERNATIONAL FIDELITY INSURANCE COMPANY
(f3U2{j,*~
President
. ,
" .
TEl.. (201) 624-7200
. .
POWER OF ATTORNEY
International Fidelity Insurance Company
HOME OFFICE: 24 COMMERCE STREET
NEW ARK. NEW JERSEY 07102
BOND NO,
KNOW ALL MEN BY THESE PRESENTS: That International Fidelity Insurance Company, a corporation organized and exbting under the
laws, of the State of New Jersey. and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
Robert D. Reuter and/or Joseph M. Steinberg awl/or Peter J. Acquavella
and/or Geraldine Hoffaron and or Elizabeth A.Goi~arty
Lynbrook, N.Y.
its true and lawful attomey(s)-in-Cact to execute, seal and deliver for and on its behalf as surety. ;J,ny and all bonds and undertakinp. contracts of
indc:mnity and other writings obligatory in the nature hereof, which are or may be allowed, required or permitted by law. statute, role, replation.
contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said International Fidelity
Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
offkers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to an.j by authority of Article 2, - Section 3"of the By-
Laws adopted by the Board of Directors of International FidelLty Insurance Company at a meeting call1\d and held on the 23rd day of December, 1968.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Compal1Y, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) 'To remove. at any time, any such Attorney~in.fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted ata
meding duly called and held on the 4th day of February, 1975 of which the following is a true excf~rpt: -
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relatina
thelreto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindinl upon
the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in
the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument to be sianed and
its corporate seal to be affixed by its authorized officer, this lst.
day of May
A,D, 1982
~
STATE OF NEW JERSEY
County of Essex
Executive Vice President
On this 1 s1. day of May 1982 ~ before me came the individual who exe:cuted the preceding instrument, to me personally
known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by
ord.er of the B.oard of Directors of said Company.
p"'''''''' /
.....,.~~ J.i""'" /"
/, ~........~Ijl"" ,!N TESTIMONY WHEREOF.! have hereunto set my hand and affixed my Official seal.. ' /" ~
..~ (to- ,.' T ".-p \ at the City of Newark, New Jersey the day and year first above-written. ' t/ /~'"
l'/'~O A"r\~\.// .G 0
~ i "q ," c></?/f'. ,V ~~fd
~ . \ ~iblJ \C -; . j' /'.
'. \. IS I. ,,' i' Notary Puhlic
"~:?,~/",...,.....,_...~~,..:,' My Commission Expires April 14, 1988
"",.." ,IEI' ~ ,":.., CERTIFICATION
'",...._.,,,,1"
Il, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By. Laws of said Compan)' as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME bfFICE OF SAID COMPANY, and that the same are conect transcripts thereof. and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now infuU force and effect.
nN TESTlMONYWHEREOF, I have hereunto set my hand this 12th day of June
1984
/~ q'~~~F'
Assistant Secretary
-
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INSllli~
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CO.tt.
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24 COMMERCE STREET
~-, -~-,;,",,,,,-;-;-,~,
~
N~AIIK. N. .J. 0710&
PERFORMANCE BOND BOND 11027015
Approved by The American Institute of Architects
A.I.A. Document No. A-311 (Feb. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS:
That McDowell Electric Corp., Box 216, Edwards Avenue, Calverton, New York 11933
(Here insert full name and address or legal tltle of the Contractor)
as Principal, hereinafter called Contractor, and
International Fidellty Insurance Company
24 Commerce Street, Newark, New Jersey 07102
(Here insert full name and address or legal title of Surety)
. . Town of Southold
heremafter called Surety, are held and firmly bound unto
as Surety.
(Here insert full name and address or legal title of Owner)
Obi' h . ft II dO' th t f Ninety Seven Thousand Seven Hundred Ninety Seven and
as 00 ~e6b_e~~~a_~~:a_~__~~~,-~__~~'!1~~n_.'l______ ______________________
- Dollars($ 97,797.00 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and sever-
ally, tirmly by these presents.
WHEREAS, Contractor has by written agreement dated As per contract
entered into a contract with Owner tor__
Scavenger Waste Treatment Facility, Greenport. New York
in accordance with drawings and specifications prepared byAs per contract
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS such that, if Contractor shall promptly and faithfully perform saId contract, then this obligation
shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
Whenever Contractor shaH be, and declared by Owner to be in default under the Contract, the Owner havmg performed Owner's obhgations thereunder, the Surety may
promptly remedy the default, or shall promptly
1) Complete the Contract In accordance with its terms and conditions, or
2) Obtain a bid or bids for completing the Contract in accordance with Its terms and condItions, and upon determination by Surety of the lowest responsIble bIdder, or,
if the Owner elects, upon determination by the Owner and the Surety JOIntly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make
available as work. progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under thiS paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not exceedtng, including other costs and damages for which the Surety may be liable
hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by
"()wner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due,
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators 0 r
successors of the Owner.
Signed and sealed this_12t~_
day of
June
84
A. O. 19__~
/
--::/ // .,.
<, . ~-
(Witness)'
International Fidelity Insurance Company __(Seal)
- (Surety)
.. I
I I- I I 1\" ./,0,1 J i "~
, .' -'/ / \ fi r.i
(W~ness) Robert D. Reuter (Title) Attorney In Fact J5
.~
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Electric
HOLZMACHER, McLENDON and MURRELL, P.C. . CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD. SUITE 140. MELVILLE. NY. 11747' 516-752-9060
May 18, 1983
Supervisor William R. Pell III
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
SOHT 82-06
Dear Supervisor Pell:
Pursuant to your request, please be advised that total
billings on the above referenced project, as of April 29,
1983, are $122,952.20.
It is anticipated that the effort required since April
29, plus the additional effort required to respond to
New York State Department of Environmental Conservation
and Suffolk County Department of Health Services comments
will result in additional billings approaching our contract
amount of $138,000.
I trust the above is the information that you requested.
Please call if I can be of further assistance.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
Gary E. Loesch, P.E.
~ ~ <<: ~ D~rn:::
w[ , · ..~ i'~
TOWN OF SOUTHOLD
~;#L/
GEL:mad
MelvJile, New York' Farmingcale New Y8rk . R',err.ead ~Jew York
r::r'(\'I"-S
J '_J l} t ~~
.. HHHH.H............M.'".ly.ip.e......, N. Y., .H...M.a.r:C.'.I1...?5.......19 8 3
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr.
TO....HD.LZMA..CllJ.m..,... 11cLj:;NPQN. .&. . MUR.R.E;Iel:'t. .p, c:.,.....
....Claimant
Add rcss...... .5.7.5 ...ER0.bPH. !:l.9~.WI:'. .RQi\D, .1'1E;.L.Y.r.r~Ie.E.l.. .!'!.,.x.,... .U.r4.7...
Fed. I. D. No.
or Soc. Security No.
i
_~_&QllT
.8.2-::09______...
~---c~-c~cr
__3J25JB3._L
-J
II
--t---- i
See Attached Statement "
_ _~_____..__.__..._.._.._..__._____._...__.__.........___"."__,_______~. ____._..."'j~---n+----___.-.._ .' _..+-_______
Ii ! -j !
.__L__ Ju'1QUNT Pl\Yl\BLE -------------------------':----------i $47,057.55
. - ',. .- --. -...----....-----..--------. ._._._--,._._._......._------~-,..._'"-_.._--_.."^_.-:_--.--......-..-------------..--...+------
:i i
f-----4------2---
il ! ii i
--___,__.~l_____J._____J~__________l---____
. I ;i
_._~__2-_______~_____
!
---t-----------:----
Facility.
l-Pro~~se~~~a.v~_~~er Wast~ Treatment
___L_
..--t---.-.--.-
__L_
I
Ii
I' I :i--
I I +---
____-- =---U--1::-1__r n. ..
------=-=-~---~l= =t-:;
II I II
----..-. --- - ----.,. "",---+--- ------------ --------.----- -_._-----._..._._-"---~._.~--~ ;
1-----1----- ---_ - ___ _~__ II i Ii _________
----- ---+-1-------- n ---~- ~ -- --------t- i ii '
----IT-~---u~ ------ ----- ----,--1 I t--~
--------1--~-~--~--- ------------- -l~-++----L-.
-------1.....--J--------------- ---~-----~---I! I -i---
-i---~------- ------------~i---l +-
! I ~ r
==~ _ :~I~~ t~~~-_-_--_:~- ~-~=- ' .
----LJ- I tl--
! I
---.-.-.-. -->----------..----.-.----.---
I
~..- ..JJ-.---------------_~
___L-______
,
~_~____.. -----------1-- ____........._.._._._...___ ___
I '
I
-, .-----.-----t---.--..--r.-...-.-..---.~..--------
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I+~___~-- --
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-'-'-'-'-.--- '....-..-..t-l-----
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----_.._--~---- .------ -
I
I $47 , 057 55
-
Tile lInders>gned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the foregoing
I Ci'OSS out one)
c!'Jir-l is tn:e end UJrrect ann that no part thereof r,t]'> been paid, except
d-e,L'in stated is actually due and owing.
herein stated, and that the balance
D"ted ...Max-IC'D...2.'?,............................, 19..8}..
..1IlIi... ..
Il.A.Dombeck,P'
../tr.v(........H....
Town Board
TO~dn of Sout.hold
Town Hall
i1ain Road
Southold, New York
HOLZMACHER, McLENDON and MURRELL,P.C.Il~
CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
575 BROAD HOLLOW ROAD. MELVILLE. N.Y. 11747.5076 (516) 694.3040 G
125 BAYLIS ROAD, SUITE 140. MELVILLE. N.Y. 11147 (516)1s:a060 C
375 FULTON STREET, FARMINGOALE, N.Y. 11135 (516) 6N.3.410 LJ
209 WEST MAIN STREET, RIVER HEAD, N.Y, 11901 (516) 727.3A8(l C
CLIENT
DATE
April 18,
1933
11971
PROJECT NO
SOHT 82-06
Fer Pro!essional Services Rendered
**PAYHENT REQUEST NO. 2**
For Professional Servioes rendered in designing the
proposed Scavenger Waste Treatment Facility.
ESTI'1ATED COST NOT TO EXCEED $145,000.00
Services from 2/26/83 through 4/1/83:
PREVIOUS
REnUEST
CURRENT
REQUEST
CUMULAT VE
TOV,
1065.1 Manhours
Technical Payroll Cost
Overhead & Profit Allowance
(1.35 x TPC)
Reimbursable Expenses
(Exp. xl. 10)
A.:'lOUNT PAYABLE.
$20,008.81 $17,906.51 $37,915 32
27,011. 89 24,173.79 51,185 63
36.85 2,723.84 2,760 59
$47,057.55 $44,804.14 $91,861 69
47,057 55
$44,804 14
Total Amount Claimed
Less Previous Requests
FOR PROPER CREDIT
AMOUNT PAYABLE $
44,804 14
re~.Jrr Ii'vo;ce Wlll'l pav'rnent or note prOject numoer on your check
... ...............I1.e}.v.~.1.1.~........, N. Y., ..!'prp..).?,........19 83 .
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr.
f;J0009
To...J!.Q1.~.t1l)..q!.r;B.,...~G~.1':N'OQN...& Ml.JRBJ;;LL,..J',L....... .. ..Claimant
Addrcss.....5.r5...!?r.OS';cl...f!CJ.~;L.o.\V. R().iid.r ..Mo.~yip'""...t'!.:.X.:.....J.UH..
F.d.1. D. No. 11-2235604
or Soc. Security No.
- - ~-,- - - - -
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-- --~ - - f-- -.------
f..---
--~~---- ~. -- ._---~~----~_._~----- -- ----- - ---- ---._--- .-._-----
-------- -----~-- ._~ --- -- I---- --- j-- --
--. ---~--" .. ------- l---~--- 1------
- ~ --~~-_.--- I--~
.-.--
-
-
----
4 4 , 8 0' 1 4
..
The undersigned (Claimant) (Acting an behalf of above named Claimant) does hereby certify that the foregoing
(Cro:;s out one)
cloilll IS true anu correct and that no part thereof has been p,:]id, except as therein stated, and that the! balance
therein stated is actually due and owing.
Dated............. ...... ....... .......l\.l?r..i.~ ...1.~.., 19.~ .3...
..~d:...............
Signature
H. A. Dombeck, P.E.
Town Board
Town of Southold
Town Hall
5309S Main Road
Southold, New York
HOLZMACHER, McLENDON and MURRELL,P.C.I-f~
CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
S75 B~OAD HOLLOW ~OAD. MELVILLE, N.Y. 11747-5076 (516) 694.3040:0
125 BAYLIS ROAD. SUITE 140. MEL.VILLE, N.Y. 117-47 (518) 752.906/):'-;
375 FULTON STREET. FARMINGOALE, N.Y. 11735 (S1616~.3410 =
209 WEST MAIN STREET. RIVERHEAO. N,Y. 11901 (516) 727<l-t8() C I
CLIENT
11971
DATE May 11, 1983
PROJECT NO SOHT 82-06
For Professional Services Rendered
**PAY~ENT REQUEST NO. 3**
For Professional Services rendered in designing the proposec
Scavenger Waste Treatment Facility.
ESTI)~TED COST NOT TO EXCEED $138,000.00
Services from 4/2/83 through 4/29/83:
PREVIOUS CURRENT CUMULATI E
REQUESTS REQUEST TOTAL
589.8 Manhours
Technical payroll Cost $37,91S.32 $ 9,857.73 $ 47,773 05
Overhead & Profit Allowance
(1. 35 x TPC) 51,185.68 13,307.94 64,493 62
Reimbursable Exoenses
(1. 10 x Exp. ) 2,760.69 7,924.84 10,685 53
Total Amount Claimed $91,861.69 $31,090.51 $122,952 20
Less Previous Requests 91,861 69
~1\jOIjNT PAYABLE.
$ 31,090 51
FOR PROPER CREDIT
AMOUNT PAYABLE $
31,090 51
rplUfn inVOice With payment or nole prOject number on your check
......... ........ .......... .t:\~.~;.;~.P-~... ......, N. Y.,..... .... ..1:I.':y... ~.~.~....lg..~.?
\. '..;;..,..~,
. ~;.;.:... ,.;
:.1
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr.
~ . ':. \. .~
L't\l-
5000S2
To....... .l;l.Q.~,".t:\i;\.~r!P.~ (.. !1C.~.I?I'lP'O.t;l...&. .M."J~~E.LI~,.,.. .?: .c::.......... Claimant
~,,}';fn .'-:i<\
;;,.1
Address... .1. ?5.. ~~y.1.~.~. .R.,?c:~!.. .s::~.t.~...l ~.?~. .~:.~ ::.~~.~.~:.. .~.:.. .1. ~.7 4 7
Fed. I. D. No. ...l)::I2}.~.6.9.4.......
or Soc. Security No. .....................
c; 11 1 1 R 1 SORT 82-06 I
PAYMENT REQUEST NO. 3
Design services in connection with the .1
proposed Scavenger hTaste Treatment
Faci1itv. .1
See Attached Statement.
AMOUNT PAYABLE. . . . . $31,0ge 51
The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the
(Cross out one)
foregoing claim is true and correct and that no part thereof has been paid, exce t as therein stated, and ~.
that the balance therein stated is actually due and owing. '\
Dated ........................~.':-.'!..J~......, 19...~.~.....
~ ~.\
.
..................................................................:~.....
Signature
H.A. Dombeck, P.E.
HOLZMACHER. McLENDON and MURRELL. P.C.' CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD. SUITE 140, MELVILLE. N.Y. 11747.516-752.9060
May 18, 1983
Supervisor William R. Pell III
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
SOHT 82-06
Dear Supervisor Pell:
Pursuant to your request, please be advised that total
billings on the above referenced project, as of April 29,
1983, are $122,952.20.
It is anticipated that the effort required since April
29, plus the additional effort required to respond to
New York State Department of Environmental Conservation
and Suffolk County Department of Health Services comments
will result in additional billings approaching our contract
amount of $138,000.
I trust the above is the information that you requested.
Please call if I can be of further assistance.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~/~
Gary E. Loesch, P.E.
o}~~ ~O~~::n
iLl .' i; ',13 I'U
u __ I
TOWN OF SOUTHOLO
GEL:mad
Melville, New YorK. Farmlngdale. New York. Rverhead. New York
JUDITH T. TERRY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New yo,k 11971
TELEPHONE
(516) 765-1801
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 5,1987 ,_
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 1110
Melville, New York 117117
Re: Engineering & Analytical Services
Southold Scavenger Waste Plant
Dear Gary:
The Southold Town Board, at their regular meeting held on December
30, 1986, adopted a resolution accepting the proposal of H2M to provide
engineering and analytical services during 1987 in connection with the
Southold Scavenger Waste Plant, on a per diem basis' not to exceed $211,500.
The Board also authorized Supervisor Murphy to execute a contract with
respect to' these services after approval of the contract by Town Attorney
Tasker.
Very truly your's,
?c€y----
Judith T. Terry
Southold Town Clerk
cc: G. Desmarais, P.E.
.:
"
~~~\
. ILI~ A
HOLZMACHER, MCLENDON~,,-d~URR~L~.":<;:_~9()~~ULTltolG ENG~N~ERS._Etol~F~~NM~tol~~S(;lEN_T1~TS and PLANNERS
125 BAYLIS ROAD. SUITE 140. MELVILLE, N.Y. 11747 . 516.752.9060
December 29, 1986
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
1987 Retainer - Engineering/Analytical Se,rvices
Dear Supervisor Murphy:
Pursuant to your request, we are pleased to submit this proposal
to provide engineering and analytical services during 1987 in
connection with the Southold scavenger waste plant. More specif-
ically, we propose to perform the following tasks:
1) Provide on-site assistance to STP personnel on the oper-
ation of the treatment facility and its mechanical equipment.
One site visit per two-week period would be conducted at the
scavenger waste facility. A summary report will be submitted in-
dicating the status of the existing operation, identifying any
equipment that may be out of service and listing any major sup-
plies that need to be acquired in order to continue to operate
the scavenger waste plant in an efficient manner.
2) Influent and effluent samples will be analyzed for the
following constituents on a weekly basis:
a) BOD-5
b) Suspended Solids
c) pH
3) Laboratory test results will be evaluated and recommen-
dations of treatment/process modifications will be suggested to
STP personnel, as required.
4) Assistance will be provided to STP personnel on trou-
bleshooting, operations theory and operator training.
We propose to provide the above services on a per diem basis not
to exceed $24,500. Per diem rates are based on hourly rates of
compensation, which are defined as total payroll costs plus 1.35
times total payroll costs for overhead and profit allowance. Re-
imbursable expenses, including laboratory analyses, will be in-
voiced monthly.
Melville, New York. F'Jrmingdale, New York. Alverhead, New York. Fa,'f'eld, New Jersey
J
lt2~1
Supervisor Francis J. Murphy
-2-
December 29, 1986
Thank you for the opportuni ty to submit this proposal, and we
look forward to continuing to assist the Town with this endeavor.
At your convenience. we are available to meet with you to discuss
any aspects of this proposal.
Should any questions arise, please feel free to contact George W.
Desmarais. P.E., or me.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~~/~~
Ga~. Loesch, P.E.
GEL:mad
LP86-l20
cc: Town Board
.
.
tl~
HOLZMACHER. McLENDON and MURRELL. P.C.' CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
.-----
125 BAYLIS ROAD, SUITE 140. MELVILLE. N.Y. 11747 . 516.752.9060
RICEMD
JUN 41986
June 2, 1986
T_ c.... ~.I.
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
Scavenger Waste Ordinance Pumpout Report
C36-1120 (SOHT 85-01)
Dear Supervisor Murphy:
Enclosed, for your review, is a draft copy of the proposed pump-
out report to be filled out by the scavenger waste carters on the
above referenced project. The pumpout report was prepared based
on the scavenger waste ordinance.
Other administrative items with regard to the scavenger waste or-
dinance will be discussed at our June 3, 1986 meeting at 11:00 AM.
If any questions arise concerning the above, please contact our
office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~r1/? ~~.
George W. Desmarais, P.E.
GWD:mad
Enclosure
cc: Robert W. Tasker, Esq. (w/encl.)
James C. McMahon (w/encl.)
~udith T. Terry (w/encl.)
MelvUle, New York. Fermingdlle, New York. AI....m..d. New York. F.!r1ield, New Jersey
".
DRAFT COPY
TOWN OF SOUTHOLD
Ticket No.
SCAVENGER WASTE REPORT
NAME OF HAULER
PERMIT NUMBER
TRUCK CAPACITY
Gal. Liquid Waste
DATE PUMPED
RESIDENTIAL
COMMERCIAL
RESTAURANT
LOCATION
NAME (OWNER)
STREET
TELEPHONE NO.
TAX MAP NO.
CROSS STREET
DIAGRAM (locating building and cesspool; give north arrow and feet of
distance, approximately)
I hereby certify that the above originated within the Town of Southold
and, to the best of my knowledge, contains no chemicals, hazardous or
toxic waste. All statements made hereby are made punishable as a mis-
demeanor pursuant to Section 21045 of the Penal Law of the State of New
York.
NAME OF DRIVER
SIGNATURE OF DRIVER
RECEIVED BY:
DATED:
TIME:
.. TJ./ ~ !/' :J> /f' C;-,$(17 2J ~-
.:<<a. ~2f' J ,Pr' '7 )
New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233-0001
~
....
~
JAN 30 1986
I r::) Pi' (j_-""'
'i ;,,' ~;_'.!
Henry G. Williams
Commissioner
.r~::-:> .'-~., q,<~.., ~ .~;:-r
,
" 'j
Fh ~ 0
:_-' - J : .Q6
'-~
The Honorable Francis J. Murphy
Supervisor, Town of Southold
53095 Main Road
Southold, New York 11971
J L Li;, _._ ) "(
L TOVV'l'4 C~~ [:e)U1:iir;LO--' J
~- i
Re: C361120-02-1
Town of Southold
Suffolk County
Dear Supervisor Murphy:
Based on the executed engineering agreement between the Town of South old and
Holzmacher, McLendon and Murrell, P.C. dated November 19, 1985 to cover Step 3 start-up
services, a line item adjustment for the above referenced grant is approved.
Please replace Page 2 of your Federal Assistance Amendment with the enclosed
revision.
This Office will adjust the State Contract Agreement Completion Form in the State
Contract Amendment we are currently processing.
If you have any questions regarding the enclosed, please call Ms. Claire Gerace, at
(518) 457-3858.
Sincerely,
~ tt. f ( i'tU:J}~/
eorlie E. W allac e
Director
Bureau of Construction Grants Administration
Enclosures
cc: Holzmacher, McLendon and Murrell, P.C.
Helen Beggun, l1SEPA-GAB
~~'- - -
PART II_APPROVEO BUDGET ASSISTANCE IDENTIFICATION NO.,.
TABLE A - OBJECT CLASS CA TEGORY TOTAL APPROVED ALLOWABLE
(Non-construction) BUDGET PERIOD COST
1. PERSONNEL
2. FRINGE BENEFITS
3. TRAVEL
4. EQUIPMENT .
5. SUPPLIES .
6. CONTRACTUAL ...
7. CONSTRUCTION
S.OTHER
9. TOTAL DIRECT CHARGES
10. INDIRECT COSTS: RATE ~ eASE
l'~ TOTAL (Share: Recipient I 7.. Federal 7.)
1.!. TOTAL APPROVED ASSISTANCE AMOU.;T $
T....SU:: l3-. PROG:"':Aftt F..LE~V::ST CLA~SIF!CAT!ON
(Non_construction)
~-
2.
3.
4.
S.
,.
7. ....
B.
f-!:.--
10.
II. ---
12. TOTAL (Share: Recipient~o;o. Federal 70)
IS. TOTAL APPROVED ASSISTANCE AMOUNT $
TABLE C - PROGRAM ELEMENT CLASSIFICATION Federal Eligible Cost
(Construction) Total Cost 75% 10% IIA
1. ADMINISTRATION EXPENSE $ 13,000 1$ 5,uuu I '? :J,UUU
2. PRELIMINARY EXPENSE Desiqn Allowance 125,518 125,5.L~ I .LL~,518
3. LAND STRUCTURES, RIGHT-OF_WAY .
4. ARCHITECTURAL ENGINEERING BASIC FEES 156,800 156,800 ; .L56,~00
IlO. (ITHF~ A.R(':HITECTURAL FNG1NEEFHNG FEES ,-_~__,.c.J______._.
---
6. I:lROJECT INSPECTION FEES .,
7. I_AND DEVELOPMENT :
B. I~ELOCAT10N EXPENSES i
9. HE LOCATION PAYMENTS TO INDIVIDUALS AND BUSINESSES :
10. DEMOLITION AND REMOVAL
11, CONSTRUCTION AND PROJECT IMPROVEMENT 2,103,753 L,lOJ, /~J i ",l.U~, I:J~
12. EQUIPMENT
13. fo.I'SCELLANEOUS ;
14. 'ro TAL (Llnu 1 Ihru 13) $2,399,071 ;;L,J'H,O/.L ! ;;L,YH,u/.L
1.5. I~STIMATED INCOME (lI.pplle.b/e) !
16. NET PROJECT AMOUNT (Line 14 mlnua IS) $2,399,071 . $L,J91,O/1 , ,?",~~1l.,O/l
17. LESS: INELIGIBLE EXCLUSIONS I
18. I~OO: CONTINGENCIES 78,388 1~,5~~ 10, )00
Recipient) 12.5"'0. 75 10% Portion I
1 9' 'TOT AL (Share: Federal + '70) $2,477,459 $2,469,459 ! $2,469,459
State Share 12~% Non IIA
20.I'rOTAL APPROVED ASSISTANCE AMOUNT 7l<% lit $2,099,040 $1,852,094 $ 246,946
'Tota Grant
E P.4. Form 5700_20.4. (Rev. 8-79)
C361120 02 1
PAGE20F4
"
JUDITII T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 23, 1986
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Plant
One-Year I fA Monitoring Program
C36-1120-02 (SOHT 85-01)
Dear Gary:
Transmitted herewith are two copies of the amendment to your
Engineering Services Agreement on the above-capltioned project.
Copies have been transmitted to Robert C. I<nizek, and Pecolia
Macklin this same date.
Very truly yours,
fb.~y---
Judith T. Terry
Southold Town Clerk
Enclosure (2)
JUDITH T TERRY
TOW;'\i CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 23, 19;66
Ms. Pecolia Macklin
Affirmative Action Office
New York State D.E.C.
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Treatment Plant
One-Year I fA Monitoring Program
C36-1120-02 (SOHT 85-01)
Dear Ms. Macklin:
Transmitted herewith is the executed amendment to the Engineering
Services Agreement between Holzmacher, McLendon & Murrell. P.C. and
the Town of Southold with respect to the above-captioned project.
Very truly yours,
v4fl;/.32~
Judith T. Terry
Southold Town Clerk
Enclosure (1)
~
JUDlTI! T. TERRY
To\\.'N CLFRK
REmSTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 23, 1966
Robert C. Knizek, P.E., Chief
Long I sland Projects Section
Metropolitan Projects Bureau
New York State D.E.C.
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Treatment Plant
One-Year I fA Monitoring Program
C36-1120-02 (SOHT 65-01)
Dear Mr. Knizek:
Transmitted herewith is the executed amendment to the Engineering
Services Agreement between Holzmacher, McLendon & Murrell, P. C., and
the Town of Southold with respect to the above-captioned project.
Very truly yours,
~vU/~7-
Judith T. Terry
Southold Town Clerk
Enclosure (1)
I~~M
--" ---- ____ _"____ ___._. "___.__.u__._ ___.___._________________._~._______._____
HOLZMACHER. McLENDON and MURRELL, P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
. .... _____________________.____._.._._ .00 ____._ _. _.___. __________________,____________..'___
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y. 11747' 516-752-9060
January 6, 1986
1---..-.----,--.,.-
f-,'-., --.'..--.-.
. ,'<' ,. , :::i
: ' :;' , . ~\ ~
Supervisor Francis J. Murphy
Town of Southo1d
53095 Main Road
Southold, New York 11971
Jm - 9 19a)
............,.--...-.-
TOill'N UF SOUI...OLJ !
,
-'
Re: Southold Scavenger Waste Treatment Plant
One-Year IIA Monitoring Program
C36-1120-02 (SOHT 85-01)
Dear Supervisor Murphy:
We are enclosing six (6) copies of our proposed amendment to our
Engineering Services Agreement on the above referenced project.
This amendment is proposed pursuant to NYSDEC's letter of Decem-
ber 30, 1985.
Upon execution, please retain two copies for your use and that
of the Town Attorney, submit one copy each to:
Mr. Robert C. Knizek, P.E., Chief
Long Island Projects Section
Metropolitan Projects Bureau
New York State D.E.C.
50 Wolf Road
Albany, New York 12233
Ms. pecolia Macklin
Affirmative Action Office
New York State D.E.C.
50 Wolf Road
Albany, New York 12233
and return the two remaining copies to our office. If any ques-
tions arise concerning the enclosed, please contact our office at
your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
--> '
/A!!~y/~;;'.-r'/
Gary E. Loesch, P.E.
GEL:mad
Enclosures
cc: Robert W. Tasker, Esq. (w/encl.)
James C. McMahon
Melville, New York. Farmingdale, New York. Rlverhead, New York
[-
1985
NV5.
Forest
,..;;;~ I
~.;.._-,.-..,............
~
....
~
New York State Department of Environmental Conservation
!iO Wolf Road, Albany, New York 12233.0001
December 30, 1985
fGlm
.. 1'1 C'." r'," _ -:
/: :..;' .,r-::.Jt: p !; iI 176ft. .rnl. W
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11- V-I -'" "',
I.;' JNI. - 31!a>'Ui "
LJ,"l..___ ij'l
TOWN OF"S-- _,,--.J
_ OUTHOLO
-
Henry G. Williams
Commissioner
Honorable Francis J. Murphy
Supervisor, Town of Southold
53095 Main Road
Southold, NY 11971
Re: C-36-1120-02
Southold Scavenger Waste
Suffolk County
Dear Supervisor Murphy:
The review of the proposed subagreement action between the Town of Southold
and Holzmacher, McLendon & Murrell, P.C. has been completed in accordance
with the NYSDEC/USEPA Delegation Agreement.
Based upon this review, it is determined the subagreement complies with
the applicable grant regulations and is hereby approved as a cost-plus-fixed-
fee contract. Costs are approved in the amount of $24,363 and profit is approved
in the amount of $2,436 for a total approved price of $26,799 for Step 3 One-Year
Monitoring/Certification Program.
The grantee should note this approval is conditioned upon the grantee's
satisfactory compliance with the USEPA Policy for Increased Use of Minority and
Women's Consultants and Contractors as published in 40 CFR Part 33, March 28, 1983.
Please be advised the Town may proceed with the execution of this subagreement.
Upon execution, please forward two (2) copies of the subagreement and all subcontracts
in excess of $10,000 to this office.
Sincerely,
P~../G~,t~L
Robert C. Knizek, P.E.
Chief, Long Island Projects Section
Metropolitan Projects Bureau
I.//~ ~/_/d'h
RCK/GEK/mj
cc: H2M - Mr. Gary Loesch
AAO - Ms. Pecolia Macklin
Town of Southold - Mr. McMahon
cc. ......,.t'~.?B-
;
AMENDMENT NO. 1
This Amendment to the Engineering service~t
(dated October 4, 1983), dated thiscf)~ day o' ,
1986, by and between HOLZMACHER, McLENDON & MUR LL, C. ,
with offices at 125 Baylis Road, Suite 140, Melville, New
York 11747, hereinafter called the "CONSULTANT", and the TOWN
BOARD, TOWN OF SOUTHOLD, a Municipal Corporation of the State
of New York, hereinafter called the "TOWN", acting in its
capacity as the governing body of the Southold Wastewater
Disposal District of the Town of Southold, with offices at
53095 Main Road, Southold, New York 11971.
WIT N E SSE T H:
\'IHEREAS, the TOWN has previously engaged the CONSULTAN'f
on october 4, 1983, to provide engineering services during
construction of a Scavenger Waste Treatment Plant, and
WHEREAS, said construction has been completed and the
CONSULTANT has proposed to conduct a one-year monitoring/op-
erator assistance program, and
1985
this
I'IHEREAS,
meeting
program,
the Southold Town Board at their November 19,
accepted the CONSULTAtIT's proposal to conduct
subject to NYSDEC and USEPA funding, and
WHEREAS, NYSDEC has indicated that this program, as
proposed, is acceptable to their offices and, therefore,
eligible for Federal and New York State assistance,
NOW, THEREFORE, it is agreed that the Agreement between
the TOWN and the CONSULTANT is herewith amended as follows:
1. The
ing/operator
services:
CONSULTANT shall perform the one-year monitor-
assistance program, including the following
a) Assist and train operating personnel and direct
the operation of the Southold Scavenger Waste Pretreatment
Facility during the first year of operation.
1
II
b) Advise the Town of Southold whether the project
is meeting project performance standards.
c) One year after initiation of operation, we will
attest to the Regional Administrator whether the project
meets project performance standards. If the treatment facil-
ity does not meet project performance standards, a corrective
action report will be prepared outlining various necessary
improvements to bring it into conformance.
d) Lab sampling and analysis.
2. The CONSULTANT shall be remunerated for the services
described in (1) on the basis of cost plus a fixed fee of
$2,436.00. The total fee of the CONSULTANT shall not exceed
the sum of $26,799.00, except by Contract amendment and as a
result of a change in scope.
3. All
dated October
in full.
of the terms and conditions of the Agreement
4, 1983, shall apply herewith as if written out
IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, affixed their respective seals, the
day and year first above written.
FOR THE TOWN BOARD
TOWN OF SOUTHOLD
(SEAL)
, Supervisor
McLENDON & MURRELL, P.C.
(SEAL)
~~~
Robert G. Ho:(zma r, P.E.
President
APPROVED:
/) /~~
A.;;r;d,~ ,,~J y~~
,
Town Attorney
2
.
~ . -
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On thiscf'/4C day ot/~~, 19E:6, before me personally
carne FRANCIS J. MURPHY, to me known, and known to me to be
the Supervisor of the Town of Southold, 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
Town.
~/~~~~~-
,:?' -NOTARY PUBL
JllJIlIYH T. TIRRY
NIIIrY "'..... ..... of New Vort:
No. &24M4lMl3 8uffoIk eounIV-"
Commlsshln ExpIres Men:h 30, 1~7
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On this 1~ay of L_,u, ~../ , 1986, before me personally
carne ROBERT G. HOLZMAC~ known, and known to me to be
one of the officers of the firm of Holzmacher, McLendon &
Murrell, P.C., 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.
~/2.~
NOTARY PUBLIC
Mt\Rit A. DJ''JN1S
NOTARY ,'yo"~ "~' '. ":1 Y:il'k
, No. 4~<'H'_':::! -:I.",; l ;,J:~...,
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AMENDMENT NO. JL
This Amendment to the Engineering Services
(dated October 4, 1983), dated thiso?pqf day of
1986, by and between HOLZMACHER, McLENDON & MUR , P.
with offices at 125 Baylis Road, Suite 140, Melville, New
York 11747, hereinafter called the "CONSULTANT", and the TOWN
BOARD, TOWN OF SOUTHOLD, a Municipal Corporation of the State
of New York, hereinafter called the "TOWN", acting in its
capacity as the governing body of the Southold Wastewater
Disposal District of the Town of Southold, with offices at
53095 Main Road, Southold, New York 11971.
WIT N E SSE T H:
\'1HEREAS, the TOWN has previously engaged the CONSULTANT
on October 4, 1983, to provide engineering services during
construction of a Scavenger Waste Treatment Plant, and
WHEREAS, said construction has been completed and the
CONSULTANT has proposed to conduct a one-year monitoring/op-
erator assistance program, and
1985
this
IIHEREAS,
meeting
program,
the Southold Town Board at their November 19,
accepted the CONSULTANT's proposal to conduct
subject to NYSDEC and USEPA funding, and
WHEREAS, NYSDEC has indicated that this program, as
proposed, is acceptable to their offices and, therefore,
eligible for Federal and New York State assistance,
NOW, THEREFORE, it is agreed that the Agreement between
the TONN and the CONSULTANT is herewith amended as follows:
1. The
ing/operator
services:
CONSULTANT shall perform the one-year monitor-
assistance program, including the following
a) Assist and train operating personnel and direct
the operation of the Southold Scavenger Waste Pretreatment
Facility during the first year of operation.
1
b) Advise the Town of Southold whether the project
is meeting project performance standards.
c) One year after initiation of operation, we will
attest to the Regional Administrator whether the project
meets project performance standards. If the treatment facil-
ity does not meet project performance standards, a corrective
action report will be prepared outlining various necessary
improvements to bring it into conformance.
d) Lab sampling and analysis.
2. The CONSULTANT shall be remunerated for the services
described in (1) on the basis of cost plus a fixed fee of
$2,436.00. The total fee of the CONSULTANT shall not exceed
the sum of $26,799.00, except by Contract amendment and as a
result of a change in scope.
3. All
dated October
in full.
of the terms and conditions of the Agreement
4, 1983, shall apply herewith as if written out
IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, affixed their respective seals, the
day and year first above written.
FOR THE TOWN BOARD
TOWN OF SOUTHOLD
(SEAL)
y, Supervisor
CONSULTANT
HOLZMACHER, McLENDON & MURRELL, P.C.
(SEAL)
~~~~~~
Robert G. Holzma er, P.E.
President
APPROVloD:
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! STATE OF NEW YORK)
) 58:
COUNTY OF SUFFOLK)
On this ~/#day Of~n:-"t/:' 1986, before me personally
came FRANCIS J. MURPHY, to me known, and known to me to be
the Supervisor of the Town of Southold, 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
'['own.
~~~~~~~...
v NOTARY PUBLIg7
JuormT. ~"J.wVork
NtIlIrY Pub:9~uffo'k Cou~7
No. 62.(13 E . e" March 30. 1 ~.
Cor"H"I'!'~SIl"ln .)(O,r :;I
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
"do.--- ~
On this 7 day of , 1986, before me personally
came ROBERT G. HOLZMAC ER, to known, and known to me to be
one of the officers of the firm of Holzmacher, McLendon &
Murrell, P.C., 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.
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NOTARY PUBLIC
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JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
November 21, 1985
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Re: Southold Scavenger Waste Treatment Facility
One-Year Monitoring/Operator Assistance Program
C36-1120-03
SOHT 83-02
Dear Gary:
The Southold Town Board at their regular meeting held on November
19, 1985 accepted H2M's proposal to conduct the One-Year Monitoring/
Operator Assitance Program for the Southold Scavlmger Waste Treatment
Facility at a total cost of $26,799.00, subject to NYSDEC and USEPA fund-
ing: Town cost would be 7.5%, or $2,009.93, and 'authorized Supervisor
Murphy to execute a Cost or Price Summary Format for Subagreements
under U.S. EPA Grants, and agreement between the Town and Holzmacher,
McLendon and Murrell, P. C. to conduct the Program of the NYSDEC and
USEPA funding is received.
The executed EPA Subagreement is enclosed herewith.
Very truly yours,
~/r-
Judith T. Terry
Southold Town Clerk
Enclosure
COST OR PRICE SUMMARY FORMAT FOR SUBACREEMENTS UNDER U.S. EPA CRANTS
(See accompanying instructions before completing this form)
PART I. GENERAL
,. G""NTEE
Town o-f. Southold
J.. NA"!: 0(11' COHTfll:ACTQR QIIt IU8COHTRACTOllt
Holzmacher McLendon & Murrell P.C
a. -ADCH'EII 0' CONTFtACTOJII: 0" SU8CONTJltACTOllt (l"C'~ ZlP cod.)
125 Baylis Road, Suite 140
Melville, New York 11747
2. GlItANT NUMBER
C36-1120-03
4. OAT! OF PROPOS....L
F oem Approved
OMS No. 158-ROI44
?~ 10'"
6. T'1'PE. OF' Sf:IltVICE TO eE FUIltNI$HE D
One-Year r/A Monitoring/
Operator Assistance Program
P ART II. COST SUMMARY
EST!- HOUF:lLY ESTIMA.TED
M~TEO TOTALS
1ol0URS "ATE COST
16 $ 25.25 $ 404.
312 18.75 5 850.
42 5.00 210.
26 7.75 202.
7. DIRECT LASCA (Specify I.bor c.t.,orlu)
Project Director
Project Manager
Laboratory Technician
Typist
DI~ECT LABOR TOTO L,
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e. INCIFtECT COSTS (Speci/y indir~cf co., poole)
PATE
ESTtMATEO
COST
If BASE ::
Overhead
S 11 466.
1. 72 $
6,666.
INDIRECT COSTS TOTAL,
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S. OTHER DIRECT COSTS
.0 TFl,l,VEL.
ESTI",..TEO
COST
(J) ,.""....N$~O.'lT...,..:ON -- 5,528 miles x $0.21 per mile
1 161.
(2) PER OIElJI
s
if:.S
1 161
TRA.VEL SUBTOTAL: JEal ,.
b. EQUIPMENT. ""'''TERIALS. SUPPLIES rSp"cil,. cel~Qorlr'i QTY
E5T,IloIIA1"EO
COST
COST
s
S
EQUIPIrIlE..,T SUBTOTAL,
jtt.-. ....-........ ,",-,--
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c. SUBCONTFl:,t,CTS
ESTIMATED
COST
s
SUBCOtolTRACTS SUBTOTAL.
F~l""
s
d. OTHEFI (Sp_cltt- cet_iorl..)
E5TI"""'T(0
COST
Lab Analyses (See Exhibit Al
S 5 070.
OTHE R SuBTOTAL
t', OiHEr. DIRECT cosn TOTAL:
f
.' ""'1 5,070.
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It. TOTAL [!,TIMATEO con
II. F..Of IT
\;t., TOTAL PRICE
E: ftA It.,,,,, 5700-41 (2.76)
'. $ 6,666.
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P"'RT III . PR~CE SlIlllI....RY
IS.
CONPETITO~'I CATALOG LISTINGS, IN-toI0UI[ flT/IlIATES. P'll'l:IOPt QUOTES
(lndle.,e N.I. lor price "QIIW).,'aOll)
M.t.A:KET
PRIC[I$l
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PART IV. CERTIFICATIONS
U..CONTFilACTOR
14._ ",AS" FEDEA:"L AGENCY O~ A F!:DfSlAli,.l' CERTIFIEO STATE OR :"OC,I,i,. "'GE~CY PERFORMED ANY REVIEW OF YOUR
ACCOUNT'5 OR RECORDS IN CONNECTiON WITH ANY OTHER FEt;E~"'L.. GFt...NT OR CONTRACT WITHIN THE PAST TWEL.VE WONTHSl'
5[! TIlS 0 NO (11 "Y.." the 1'I1J111_ .ddA.. and t.'.phon. nUDIbel" oJ ,....l.....in' oUite)
DCAA, Garden City, New York 11530
. (516) 741-8000
Ub .THIS SUWWARY CO..I='OR....S WITH Tt-IE FOLl.,.OWING COST PRINCIPLES
40 CFR 30-700
'4C'.
This proposal jc; submitted for u...e in connection with and in responsl~ to (1) Performinq I-Year II.?:..
Monitoring/Operator Assistance Proqram. , This i$ to cer!ify to tnf" best of my kn('lv.ledge
and belief that thf" cost and pricing data summarized hereln are comp::(>te, cu~rpnt, and accurate as of
(2)J--October 25, 1985 and that a financial management capability exists to fully and accu-
rately account forthe financial transactions under this project. 1 further certify that J understand that the
subagreem~nt price may be subject to downward renegotiation and. or recoupment wherE' the above cost ..nd
pricing data h<':lVE' be-en determined, as a result of audit, not to have been complete. current ano accurate as
of the da~. above. ~ ~
(3) oc:~~~r};:EC1u~~;N ~>:::"M~7',~.
-
Gary E. Loesch, P.E.
Assistant Vice ?resident
"TI"TLE 01=' "<;;C~OS[:R
I certify that 1 havE' reviewed the cost/price
acceptable for 5l\b~peement aWard
.
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16. EFA REv E.EP (!f.;>;;.J".blr
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EPA 5700-41 FORM
EXHIBIT A
TOWN OF SOUTHOLD LABORATORY SAMPLING PROGRAM
II. LAB SAMPLING Cost
A. Equalization Tank (suspended solids/BOD-5 - total
and soluble, pH) $ 51.
B. Primary Clarifier Effluent (suspended solids, pH) 11.
C. RED Effluent (BOD-5 - total and soluble) 40.
D. Final Clarifier Effluent (suspended solids/BOD-5) 28.
$ 130.
1 full week - warm weather - 7 sili~ples
1 full week - cold weather - 7 samples
1 every 2 weeks - 50 weeks - 25 samples
39 samples x $130 per sample
$5,070.
,
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HOLZMACHER, McLENDON and MURRELL. P.C. . CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
- ------..- -.---, ------------- ----------- --------------..----
125 BAYLIS ROAD. SUITE 140. MELVILLE, N.Y. 11747' 516-752-9060
.
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October 28, 1985
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OCT ') 9 I~
Supervisor Francis
Town of Southold
53095 Main Road
Southold, New York
J. Murphy
11971
Re: Southold Scavenger Waste Treatment Facility
One-Year Monitoring/Operator AssistancE' Program
C36-1120-03
SOHT 83-02
Dear Supervisor Murphy:
Pursuant to our recent meeting, we have prepared a proposal to
perform an Innovative/Alternative (I/A) Technology Monitoring
Program during the first year of operation. We will also pro-
vide on-site assistance to the STP operator on the operation
of the sewage treatment plant and the various pieces of equip-
ment. After one year of operation, a report: will be filed,
summarizing the data collected during the one-year program.
In addition, the report will address the need for any modi-
fications, if required, to meet effluent limitations. The
total cost of the one-year program is $26,799. An EPA Form
5700-41 is enclosed for your review and approval.
I met with Gary Kline of NYSDEC regarding re-allocation of a
portion of the contingency line item funds t:o the engineering
line item to cover the cost of this program.. He requested
that we submit an EPA 5700-41 Form for his review. Under
separate cover, I have submitted same to him.
The Town Board also requested that we determine the additional
costs that would be incurred if we were to expand our services
to include one additional site visit/operator training session
per week. The additional cost would be approximately $18,400
for the first year of operation. Based on our preliminary
discussion with NYSDEC, the additional time beyond the base
amount already incorporated in the proposal would most likely
not be eligible. We, therefore, recommend t:hat you proceed
with the services outlined in the base proposal, subject to
NYSDEC approval.
Melville, New York. Farmingdale, New York. Riverhead. New York
~
Supervisor Francis J. Murphy
Town of Southold
H2M stands ready to provide the
gram. If any further questions
convenience.
very truly yours,
October 28, 1985
Page Two
necessary services for this pro-
arise, please contact me at your
HOLZMACHER, McLENDON & MURRELL, P.C.
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Gary E. Loesch, P.E.
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Enclosure
cc: James C. McMahon
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HOLZMACHER, McLENDON and MURRELL. P.C.' CONSULTING ENGINEERS. ENVIFIONMENTAL SCIENTISTS and PLANNERS
----- -- --.--
125 BAYLIS ROAD, SUITE 140. MELVILLE. N.Y. 11747' 516.752.9060
October 28, 1985
Mr. Gary E. Kline, P.E.
Long Island Projects Section
Metropolitan Projects Bureau
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Treatment Facility
One-Year Monitoring/Operator Assistance Program
C36-1l20-03 (SOHT 83-02)
Dear Mr. Kline:
I have enclosed an EPA 5700-41 Form to conduct a one-year I/A
Monitoring/Operator Assistance Program for the Town of Southold.
As per our recent meeting and subsequent telephone conversation,
we are requesting a re-a11ocation of $26,799 from the contingency
line item to the engineering line item.
Since the Town of Southold is anxious to have our office commence
this program, I would appreciate your timely review of the en-
closed 5700-41 Form and authorization concerning the re-allocation
of line item budgets.
If any additional information is required, please contact me at
your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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Enclosure
v"Supervisor Francis
James C. McMahon
J. Murphy
cc:
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HOLZMACHER, MCLENDON and MURRELL, P.C.' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD. SUITE 140. MELVILLE, N.Y. 11747 . 516-752-9060
September 26, 1985
D cg ~= fE D'V#lE
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TOWN OF SOUTHOLD
Mr. Gary E. Kline, P.E.
Long Island Projects section
Metropolitan Projects Bureau
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Pretreatment Plant
C36-1120
SOHT 83-02
Dear Mr. Kline:
Enclosed please find an updated Plan of Operation for the
Southold Scavenger Waste Pretreatment Plant.
Please advise if you have any comments concerning the en-
closed.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~~~
Gary E. Loesch, P.E.
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Enclosure
cc: ~pervisor Francis J. Murphy (w/encl.)
Mr. James C. McMahon (w/encl.)
Supt. James I. Monsel1 (w/encl.)
Mehdlle. N.... York. Fllrmlngdale, New VOl'k. Rtv.r""'.C1, "few 'fork
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SOUTHOLD SCAVENGER WASTE PRETREATMENT PROJECT
C36-1120 (SOHT 83-02)
FINAL PLAN OF OPERATION
Revised September 1985
~ HOLZMACHER. McLENDON & MURRELl. P.C.
SOUTHOLD SCAVENGER WASTE PRETREATM]~NT PROJECT
C36-ll20 (SOHT 83-02)
FINAL PLAN OF OPERATION
Introduction
This Plan of Operation provides an identification of needed
actions and an implementation schedule for their completion to
assure timely start-up and efficient operation of the Town of
Southold Scavenger Waste Treatment Facility. This facility is
currently being constructed adjacent to the Inc. Village of Green-
port Sewage Treatment Plant, Greenport, New York.
Federal and New York State funding of 92.5% has been re-
ceived on all eligible items. Construction began in July 1984.
Many of the actions identified in this plan of Operation
will be fully discussed in the Operation and Maintenance Manual.
Section 1. 0 - Summary of Implementation Dat,es
The implementation dates of the following sections are
listed in Table 1 in chronological order.
Section 2.0 - Staffing and Training
The Scavenger Waste Treatment Facility will be maintained
and operated by the Village of Greenport based on an intermunici-
pal agreement between the Village of Greenport and Town of
Southold. The facility is being constructed on Village of Green-
port property adjacent to the existing Greenport Sewage Treatment
plant.
The United States Environmental Protection Agency guidelines
require that the Chief Operator be on board at the 50% completion
point of the construction phase. Superintendent of utilities,
James 1. Monsell, is the Chief Operator. 'l'he following schedule
will be implemented to ensure that the facility is operated
properly:
a. Develop training program
b. Hire new staff
c. Begin training of plant personnel (see
Section 7, Item a)
d. Complete training of plant personnel
Feb. 1985
Sept. 1985
Sept. 1985
Nov. 1985
1.
.'
I~ HOLZMACHER. McLENDON & MURRELl., P.C.
DATE
Nov. 1985
Dec. 1985
Nov. 1986
Dec. 1986
TABLE 1 (CONT'D.)
ACTION
Complete Employee Training in Emergency
Procedures
Complete Training on MaintenanCE! Management
System Usage
Begin Pre-Startup Maintenance Schedule
Treatment plant Operations RecOl:ds and
"As-Built" Plans Completed and On File
Complete Safety Training Program
Complete Wet and Dry Testing of All Equipment
Complete Training of Plant Personnel
Start Up plant
Obtain Samples and Laboratory Tests,
Process "Fine Tune"
Begin One-Year Formalized Testing Program
Finalize System and Begin Full l\cceptance
of Scavenger Waste
Submi t Final 0 & M Manual to State
Conduct First Annual plant Safety Review
and Modify Safety Program, if Necessary
Initiate Annual Emergency Procedures,
Update Employee Training Program
Complete 0 & M Report for First Year
Update 0 & M Manual and Submit to State
3 .
PLAN OF
OPERATION
SECTION
REFERENCE
6(d)
7(d)
7(e)
Sed)
4(e)
2(d)
4(f)
3(c)
4(g)
8(b)
See)
6(e)
lOCal
8(c)
'.
~ HOLZMACHE~. McLENDON & MURRELL, P.C.
a. Begin development of action plan for process
control and "fine tuning" Feb. 1985
b. Complete development of action plan for
process control and "fine tuning" Sept. 1985
c. Start review of process control and detailed
start-up procedure with plant staff Oct. 1985
d. Complete review of process control and
detailed start-up procedure with plant
staff
Nov. 1985
e. Complete wet and dry testing of all equipment Nov. 1985
f. Obtain samples and laboratory test, process
"fine tune" Nov. 1985
g. Finalize system and begin full acceptance
of scavenger waste Dec. 1985
Section 5.0 - Safety
The
Scavenger
Manual.
with the
need and specifics of a safety program for the proposed
Waste Treatment Facility will be detailed in the 0 & M
The activities to be implemented will be in accordance
following schedule:
a. Begin development of detailed guidance on
employee safety and related training
Feb. 1985
b. Complete detailed guidance on employee
safety and related training program
Sept. 1985
Sept. 1985
c. Start safety training program
d. Complete safety training program
Nov. 1985
e. Conduct first annual plant safety review
and modify safety program, if necessary
Nov. 1986
Section 6.0 - Emergency Operating Plan
Emergency planning and operating procedures will be detailed
in the 0 & M Manual, which will ensure the effective continued
operation of the proposed Scavenger Waste Plant. To assure suc-
cess of the procedures during an emergency situation, the follow-
ing actions will be taken:
5.
... ,.....,~
I~ HOLZMACHER. McLENOON & MURRELL, P.C.
a. Submit Draft 0 & M Manual to State
Sept. 1985
Dec. 1985
b. Submit Final 0 & M Manual to State
c. Update 0 & M Manual and submit to State
Dec. 1986
Section 9.0 - Operations Budget
The facility is schedule to begin start-up operations in
November 1985. Since development of some of the items included
in the Plan of Operation is to begin in 1985, appropriate con-
siderations of related costs must be provided in the Town of
Southold FY 1985 budget. Full operation of the plant must be
considered in FY 1986 budget.
Section 10.0 - Other Elements
To complete post-startup items, the following actions must
also be taken in addition to the items previously identified:
a. Complete first annual 0 & M report, in-
cluding recommendations on budget, staffing,
training, maintenance and repairs, and all
future needs
Nov. 1986
7.
tl
HOLZMACHER, McLENDON and"MURR-ElL. 'p-:C-:- . CONSUL TINGENGiNEERS, ENVII~ONMENTAL SCIENTISTS and PLANNERS
--~--,--,---~-,_._------ -
125 BAYLIS ROAD, SUITE 140. MELVILLE, N.Y. 11747 . 516-752-9060
September 24, 1985
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SEP 3 0 1985 il
i
TOWN OF SOUTHOLD
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Treatment Facility
One-Year IIA Monitoring Program
C36-1120-03 (SOHT 83-02)
Dear Supervisor Murphy:
USEPA and NYSDEC have been funding one-year monitoring programs for
projects employing IIA technology. This program consists of on-site
assistance during the first year of operation, including some labor-
atory sampling and analysis. We believe that implementation of this
program will provide the Town with more input into the operation and
maintenance of the treatment plant during the first year of operation.
We are currently performing this program for the Towns of Riverhead
and Southampton, and have a contract to perform same for the Town of
East Hampton. Costs would range from $15 to $30,000., dependent upon
the extent of sampling and analysis.
If you are interested in having our office conduct this program for
the Town of Southold, we will prepare a firm proposal and submit same
to the Town and NYSDEC. We will request that the Town receive 92.5%
funding for the program by re-allocating a portion of the contingency
line item in the grant. We currently have a budget of $105,188 for
contingencies, of which change orders as of this date account for ap-
proximately 10% of same.
Should NYSDEC concur, the cost to the Town would still be within the
Town local share budget for this project, and would cost the Town
7.5%, or approximately $1,125 to $1,875. We would be agreeable to
having our contract be subject to NYSDEC and USEPA funding.
If I can be of further assistance in discussing any details regard-
ing the above program, please contact me at 752-9060. I look forward
to working with the Town on this program.
Very truly yours,
Orlg,
HOLZMACHER, McLENDON & MURRELL, P.C.
Coplcs
T.C.
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Ga~E. Loesch, P.E.
A /?'~ 15
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cc: James C. McMahon
Melville, New York. Farmillgdale, New York. Riverhead, New York
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Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 119?1
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 12, 1983
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Dear Gary:
Enclosed herewith are two executed copies of the new
Southold Step III Agreement, Scavenger Waste Project.
This date I have forwarded two copies to Robert Knizek,
two copies to Town Attorney Tasker and retained one copy for
my files.
Very truly yours,
/l /? -.J' ....-/ ....----::-::
~~f -.-/~Yfr--
Judith T. Terry
Southold Town Clerk
Enclosures (2)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or VITAL STATISTICS
v~fUL;~,~~
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Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 11, 1983
Robert Knizek, P.E.
N.Y.S. Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Dear Mr. Knizek:
Transmitted herewith are two executed copies of the new
Southold Step III Agreement, Scavenger Was1:e Project, between
the Town of Southold and Holzmacher, McLendon & Murrell, P.C.
Also enclosed are four copies of the EPA Form 5700-41.
Very truly yours,
~/J~
Judith T. Terry c----
Southold Town Clerk
Enclosures
JUDlTIl T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
October 11, 1983
Robert W. Tasker, Esq.
Southold Town Attorney
425 Main Street
Greenport, New York 11944
Dear Bob:
Enclosed herewith are six (6) copies of the new
agreement between the Town of Southold and H2M for the
engineering services for Scavenger Waste Treatment
Facility.
I believe you have already reviewed this agreement
and I ask that you execute all six copies and retain
one (1) copy for your files and return the remaining
five (5) copies to me so I may transmit them to H2M
and the DEC.
Very truly yours,
~ft1~
Judith T. Terry
Southold Town Clerk
Enclosures (6)
.
. ~ .... OJ !oo
HOLZMACHER. McLENDON and MURRELL. P.C.' CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLiS ROAD, SUITE 140. MELVILLE. N.Y. 11747' 516.752.9060
September 28, 1983
........._.~,.., r~
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... SEP 29 1383,
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TOWN C
Supervisor William R. pell III
Town Hall
53095 Main Road
Southold, New York 11971
Re: Southold Step III Agreement
Scavenger Waste Project
Contract File
C36-1l20
Dear Supervisor Pel1:
Pursuant to your request, we have reviewed NYSDEC's comments
on our engineering agreement for Step III construction services.
Based on this review, we recommend that the existing agreement
be voided and a new agreement executed, with no change in the
engineering fees. We have enclosed six (6) copies of same for
your review, approval, and execution. By copy of this letter,
we are sending a copy of NYSDEC's letter and the engineering
agreement to the Town Attorney for review. The new agreement
is responsive to comments 1, 2, 3, 5, and their suggestion on
the EPA Form 5700-41. The comments were responded to as
follows:
Pg. (1) Section(l): Insert after first sentence of first para-
graph "All major tasks shall be substantially
complete by May 1, 1985".
Pg. (2) Section(2): Paragraph (a) - Delete "This is estimated on
the attached USEPA Form 5700-41, dated January
7, 1983, attached as Appendix A".
Paragraph (b) - Delete entire paragraph.
Pg. (8) Section(7): USEPA Requirements - Delete entire section.
Insert:
"The Consultant and all subcontractors
agree to incorporate thE~ USEPA 40 CFR Part 33,
Sections 33.1020, 33.1021 and 33.1030 Model
Subagreement Clauses, dated March 28, 1983,
appended herewith as Appendix A to this
Agreement.
Melville, New York. Farmingdale, New York. Riverhead, New York
.
..--- ''"-
1!~J'\4
Supervisor William R. pell III
September 28, 1983
Page Two
Inasmuch as the CONSULTANT's professional
liability insurance is inapplicable where rem-
edies are by binding arbitration, the parties
herewith agree that the provisions of USEPA
40CFR Part 33, Section 33.1030, Appendix A,
paragraph 7, REMEDIES (attached), shall be
resolved in a court of competent jurisdiction
of the State of New York."
Comment No. 4 is hereby acknowledged.
We have also enclosed four (4) copies of the EPA Form 5700-41,
which should be submitted with, but not be attached to, the
engineering agreement. We have already retained our two copies
of these forms.
Upon your execution, please submit two copies of the enclosed to
NYSDEC (Attention Mr. Robert Knizek, P.E.), 50 Wolf Road, Albany,
New York 12233; one copy to Robert Tasker, Esq.; two copies to
our office; and retain the sixth copy for your files.
Thank you for your attention to the enclosed.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~/~/
Gary E. Loesch, P.E.
GEL:mad
Enclosures
cc: Robert W. Tasker, Esq.
Mr. Neils Hansen, NYSDEC
. ,
~
ENGINEERING SERVICES AGREEMENT WITH HOI.ZMACHER, McLENDON &
MURRELL, P.C ./H2M CORP. FOR CONSTRUCTION SERVICES FOR THE
SCAVENGER WASTE TREATMENT FACILITY.
This Agreement, dated this .1/ ti:o day of iP..,fobelf?.,
1983, by and between HOLZMACHER, McLENDON & MURRELL, P.C./
H2M CORP., with offices at 125 Baylis Road, Melville, New
York 11747, hereinafter called the "CONSULTANT" and the TOWN
BOARD, TOWN OF SOUTHOLD, a Municipal Corporation of the State
of New York, hereinafter called the "TOWN", acting in its
capacity as the governing body of the Southold Wastewater
Disposal District of the Town of Southold. with offices at
53095 Main Road, Southold, New York 11971.
WIT N E SSE T H
WHEREAS, the TOWN has engaged the CONSULTANT on
~tf.I'L 19 , 1983 to providl~ engineering services
in c njunction with design and preparation of plans and
specifications for a Scavenger Waste Treatment Plant, and
WHEREAS, plans for the construction of said facilities
will be submitted to the New York State Department of En-
vironmental Conservation, and
WHEREAS, the Town of Southold will apply for grants in
aid and/or amendments to existing grants for the services
described herein, and
WHEREAS, the Town of Southold is desirous of proceeding
with the construct.i.on of the Scavenger Waste Treatment Fa-
cility and the CONSULTANT is desirous of performing the ad-
ditional services,
NOW, THEREFORE, in consideration of the premises, it is
mutually agreed between the parties as follows:
1. The CONS[)L'rANT shall assist the TOWN during the con-
struction of the Scavenger Waste Treatment Facilities, as
approved by the New York State Department of Environmental
Conservation. All major services, with t.he exception of (n)
below, should be substantially complet:e by May I, 1985.
These services shall include:
a. Provide assistance In securing bids.
b. Tabulate and analyze bids and submit recommendations
1.
, .
~
(
c. Provide consultation and advice to the Town during
construction.
d. Check construction, shop and erection drawings sub-
mitted by contractors.
e. Review laboratory, shop and mill test reports of
materials and equipment.
f. Hold job progress meetings with contractors and
Town personnel.
g. Prepare partial and final payment requests.
h. Make final inspection and r,eport of completed
work with Town or its representatives.
i. Provide field engineering services during con-
struction.
j. Assist the Town in securing Federal and State Aid
and meeting administrative requirements.
k. Observe initial operation and equipment performance
tests,
1. Assist in plant startup and training of operators.
m. Prepare payment requests and supporting documents
for Federal and State reimbursement.
n. Prepare an Operation and Maintenance Manual and
up-date same for a period of one year after operation of
the plant begins.
2. The TOWN agrees that:
a. The CONSULTAN'r shall be remunerated for t.he services
described in Paragraph 1 above on the basis of cost plus a
fixed fee of $16,932. ThE: t.otal fee of the CONSULTANT shall
not exceed the sum of $130,000, except by "contract amendment"
as a result of a change in scope.
2.
~
(
b. The CONSULTANT shall submit vouchers monthly dur-
ing the progress of the construction period and the TOWN
agrees to make timely payment to the CONSULTANT within
thirty (30) day of receipt.
3. The CONSULTANT further agrees that:
a. with respect to CONSULTANT I 5 performance, he
shall secure and maintain such insurance as will protect
him from claims under the Worker's compensation Act.
The CONSULTANT will further see that any sub-
contractors have the necessary insurance with respect to
claims under the Worker's compensation Act.
b. He shall maintain during the performance of
this contract the following insurances:
(1) Comprehensive Liability and property Damage,
$500,000. per occurrence.
(2) professional Liability, $500,000.
(3) Automobile Liability and property Damage,
Bodily Injury $500,000./$400,000., property Damage $100,000.
(4) Valuable Papers, $150,000.
(5) Umbrella comprehensive Liability, $2,000,000.
c. He shall act as the TOWN's representative with
duties and responsibilities and limitations of authority
as described in the General Conditions to the Construction
Contract. The TOWN shall not modify the Construction Con-
tract Documents without the written consent of the CON-
SULTANT.
d. He shall advise and consult with the TOWN during
the Construction phase and the CONSm,TANT shall issue the
TOWN's authorized instructions to the Contractor.
e. He shall review the Contractor's request for
progressive payments, and based upon said field engineering
services, advise the TOWN as to the CONSULTANT'S opinion
of the extent of the work completed in accordance with the
terms of the Construction Contract as of the date of the
Contractor's payment Request and issue, for processing by
3.
. .
~
the TOWN, a payment Request in the amount owed the Con-
tractor. The issuing of the Payment Request by the CON-
SULTANT shall not represent that he ha.s made any investi-
gation to determine the uses made by the Contractor of
sums paid to the Contractor.
f. He shall make recommendations to the TOWN on all
claims by the Contractor(s) relating to the execution and
progress of the construction work.
g. He shall notify the TOWN of permanent work which
does not conform to the result required in the Construction
Contract, prepare a written report describing any apparent
non-conforming permanent work and make recommendations to the
TOWN for its correction and, at the request of the TOWN, have
recommendations implemented by the Contractor.
h. He shall review shop drawings, samples, and other
submittals of the Contractor only for general conformance to
the design concept of the project and for general compliance
with the Construction Contract. The CONSULTANT shall advise
the TOWN in writing of submittals which are in dispute between
the CONSULTANT and Contractor(s).
i. The CONSULTANT shall prepare and present requests
for change orders to the TOWN, through the Supervisor's Office.
No work covered by any change order shall be acted upon or
omitted, as the case may be, until such change order is en-
dorsed by the Supervisor of the Town of Southold.
j. Conduct a construction progress review related to
the Contractor's date of completion; receive written guarantees
and related data assembled by the Contractor; and issue to the
TOWN a Final Payment Request.
4. The TOWN agrees and/or assur.,s to perform or provide
the following:
a. Access to the Work - The TOWN and the cooperating
municipalities and agencies will provide access to and make
all provisions for the CONSULTANT to ,enter upon publ ic lands
as required for the CONSULTANT to perform such work as surveys
and inspections in the development of the project.
b. Consideration of the CONSULTANT's Work - The TOWN
will give thorough consideration to all reports, sketches,
estimates, drawings, specifications, proposals and other docu-
ments presented by the CONSULTANT and shall inform the CON-
SULTANT of all decisions within a reasonable time.
4.
~
c. Legal Requirements - The TOIffl will hold all re-
quired special meetings, serve all required public and private
notices, maintain a record of such meel:ings, receive and act
upon all protests and fulfill all requirements necessary in
the development of the Contracts and pay all costs incidental
thereto.
5. The TOWN and the CONSULTANT agree as follows:
a. Governing Law - This Contract shall be governed by
the Law of the State of New York.
Disputes arising under this Agreement shall be re-
solved by the parties utilizing "The N"w York Simplified Pro-
cedure for Court Determination of Disputes," as provided in
the Civil Practice Law and Rules, Sec. 3031, et. seq., which
procedure shall be brought in the supreme Court, Suffolk County.
b. The TOWN Representative - The TOWN representative
shall be the SUPERVISOR of the TOWN OF SOUTHOLD, who shall have
authority to transmit instructions, receive information, inter-
pret and define TOWN policies and decisions with respect to the
materials, equipment and systems pertinent to the work covered
by this Agreement.
c. The CONSULTANT shall not be responsible for the de-
fects or omissions in the work result of the Contractors, or
any Subcontractors, or any of the Contractor's or Subcontractor'
employees, or that of any other persons or entities responsible
for performing any of the work result as contained in the Con-
struction Contract.
d. Suspension of Work - The CONSULTANT shall have the
right to suspend work without prejudice, after giving the TOWN
prior notification for non-payment.
e. Neither party shall hold the other responsible for
damages or delay in performance caused by acts of God, strikes,
lockouts, accidents or other events beyond the control of the
other or the other's employees and agents.
f. In the event any provisions of this Contract shall
be held to be invalid and unenforceable, the remaining pro-
visions shall be valid and binding upon the parties.
g. The CONSULTANT has not been retained or compensated
to provide construction review services relating to the Con-
tractor's safety precautions or to means, methods, techniques,
sequences, or procedures required for the Contractor to perform
his work, but not relating to the final or completed structure;
5.
~
omitted services include, but are not limited to, shoring; scaf-
folding, underpinning, temporary retainment of excavations and
any erection methods and temporary bracing.
h. The CONSULTANT intends to render its services under
this Agreement in accordance with generally accepted professional
practices for the intended use of the project and makes no other
warranty either express or implied.
i. Indemnity and Liability -
(1) Contractor's Insurance - Prior to the commence-
ment of the work, the TOWN shall require the Contractor and
any subcontractors to submit evidence that he (they) has ob-
tained for the period of the construction contract and guaran-
tee period, comprehensive general liability insurance coverage
(including completed operations coverage). This coverage shall
provide for bodily injury and property damage arising directly
or indirectly out of, or in connection with, the performance of
the work under the construction contract, and have a limit of
not less than $1,000,000. for damages arising out of bodily
injury, sickness or death of one person and an aggregate of
$3,000,000. for damages arising out of bodily injury, sickness
and death of two or more persons in anyone occurrence. The
property damage portion will provide for a limit of not less
than $500,000. for all damages arising out of injury to or
destruction of property of others arising directly or indirectly
out of or in connection with the performance of the work under
the construction contract and in anyone occurrence including
explosion, collapse and underground exposures. The compre-
hensive general liability insurance will include as additional
named insureds: The TOWN, the CONSULTANT, and each of its
officers, agents and employees.
(2) Contractor's Builder's Risk "All Risk" Insurance -
Before commencement of the work, the TOIN"N will require that the
Contractor and any Subcontractors submit written evidence that
he (they) has obtained for the period of the Construction Con-
tract, Builder's Risk "All Risk" Completed Value Insurance
Coverage (including earthquake and flood) upon the entire Project
which is the subject of the Construction Contract. Such insuranc
shall include as additional named insur,ed: the TOWN; the CON-
SULTANT; and each of its officers, agents, employees and any
other persons with an insurable interest, as may be designated by
the CONSULTANT.
(3) Indemnity - The TOWN will require any Contractors
or Subcontractors performing work in connection with drawings
and specifications to hold harmless, indemnify and defend, the
TOWN and the CONSULTANT, its consultants, and each of its offi-
cers, agents and employees from any and all liability claims,
6.
..-
losses or damage arising out of or alleged to arise from the
Contractor's (or Subcontractor's) negligence in the performance
of the work described in the construction contract documents,
but not including liability that may bE! due to the sole negli-
gence of the TOWN, the CONSULTANT, its consultants or its offi-
cers, agents and employees.
j .
Resident Construction Review Services
to assist
sentation
(1) The CONSULTANT shall provide one Field Engineer
the TOWN in order to render more extensive repre-
at the Project site during the Construction Phase.
(2) By means of the more extensive on-site obser-
vations of the work in progress, the CONSULTANT will endeavor
to provide further protection for the ~~OWN against defects
and deficiencies in the Contractor's work, but the furnishing
of such services shall not include construction review of the
Contractor's construction means, methods, techniques, sequences
or procedures, or of any safety precautions and programs in
connection with the work, and the CONSULTANT shall not be re-
sponsible for the Contractor's failure to execute the work in
accordance with the Construction Contract, except such liability
that may be due to the sole negligence of the CONSULTANT, or
its officers, agents and employees.
k. Limitations of Authority, Duties and Responsibilities
of the Project Representative -
(1) The Project Representative shall act under the
direct supervision of the CONSULTANT, shall be the CONSULTANT's
agent in all matters relating to on-site construction review
of the Contractor's work, shall communicate only with the CON-
SULTANT and the Contractor (or Contractors), and shall communi-
cate with subcontractors only through the Contractor or his
authorized superintendent. The TOWN shall communicate with
the project Representative only through the CONSULTANT.
(2) The Project Representative shall review and
observe on-site construction activities of the Contractor re-
lating to portions of the Project designed and specified by the
CONSULTANT as contained in the Construction Contract Documents.
(3) Specifically omitted from the Representative's
duties are any review of the Contractor's safety precautions,
or the means, methods, sequences, or procedures required
7.
~
for the Contractor to perform the work but not relating to
the final or completed project. OmittE!d design or review
services include, but are not limited to, shoring, scaf-
folding, underpinning, temporary retainment of excavations
and any erection methods and temporary bracing.
(4) The project Representati.ve shall maintain a
log of the field activities.
6. This modification shall be subject to the issuance
of a grant and/or amendment for Step 3 Construction/Construc-
tion Services by the New York State Department of Environmental
Conservation and united States Environmental Protection Agency,
before it shall be effective.
7. USEPA Requirements:
The CONSULTANT and all subcontractors agree to incor-
porate the USEPA 40CFR Part 33, Sections 33.1020, 33.1021 and
33.1030 Model Subagreement Clauses, dat:ed March 28, 1983,
appended herewith as Appendix A to this Agreement.
Inasmuch as the CONSULTANT's professional liability in-
surance is inapplicable where remedies are by binding arbitra-
tion, the parties herewith agree that 1:he provisions of USEPA
40CFR Part 33, Section 33.1030, Appendix A, paragraph 7,
REMEDIES (attached), shall be resolved in a court of competent
jurisdiction of the State of New York.
8. Authorizing Resolutions:
The TOWN herewith certifies that it is properly con-
stituted and empowered under the Laws ,:>f the State of New
York to enter into Contract with the CONSULTANT and has
duly authorized the SUPERVISOR to enter into and execute
this Contract, a copy of the authorizing resolution, dated
the 19th day of April, 1983, is attached as Appendix "CR.
9. HOLZMACHER, McLENDON & MURRELL, P.C. is a New York
Professional Corporation doing business at 125 Baylis Road,
Melville, New York 11747.
8.
~
IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, affixed their respective seals, the
day and year first above written.
FOR THE TOWN BOARD
TOWN OF SOUTHOLD
(SEAL)
~
OW~ ~--?fl!!!-
william R. Pell, III, Supervisor
CONSULTAN~~ :
HOLZMACHER, McLENDON & MURRELL,
P.C./H2M CORP.
/ J. .
1/111
H. A. Dombeck,
Vice President
-~
(hu/u L
(SEAL)
P.E.
APPROVED:
I/) dJ
~W~/
own Attorney
9.
r--
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On this /f~ day of
(Pt:.-fob~~
, 1983, before me person-
ally came WILLIAM R. PELL, III, to me known, and known to me to b
the Supervisor of the Town of Southold, described in and who exe-
cuted the foregoing instrument, and he acknowledged to me that
he executed the same as and for the act and deed of said Town.
~d~~~
NOTARY PUBLIC
JI.:nl"T~! T TERRY
r,~--'T " "''',11- i,li-i!ji:, S.L:")~-(' of [\Jew York
, _,,' 1 Sl.iJrnll~ County
CC'i":I,j~~I:J!1 Lilli/oS MJrcll 30,/jj.s:-
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
;tA
On this 2 day of
, 1983, before me person-
ally came HAROLD A. DOMBECK, to me known, and known to me to be
one of the officers of the firm of Holzmacher, McLendon & Murrell
P.C.jH2M Corp., described in and who executed the foregoing in-
strument, and he acknowledged to me that he executed the same
as and for the act and deed of said firm.
L {i'~4~
NOTARY PUBLIC
PATRICIA A. KOSUBINSKY
NOTARY PUBLIC. State of New York
No. 4737817 . Suffolk County
Certificate Filed in Nassau Coun~r
10 . Commission Expires March 30, 19.!la'
(
(
--
APPENDIX A
40 CFR 33, SECTIONS 33.1020, 33.1021 P~D 33.1030
MODEL SUBAGREEMENT CLAUSES
MARCH 28, 1983
--
(. C
recl.nl ~ I Vol. 48. No. 110 I MondlY, MII"Ch %& 11183 I Rulel amIR..w1tiODl
1%933
-
-
o.s.lllutiCIDI- _ -' lubjoc:t to all
1M roqulrwlD..1I1a lIaIo put.
'''''0 L-.-r - .-
-
Subport F of
IDalllulloDl of
oCbor DODpf'OBI
nefoDowlar
lIaIo port do IIOt
w,hor oducoUoa
aqaDIAII-
(a) Boeri)'
tb)
(e) DIfr .... OCIIldJllone
(133.1 4): end
( ce reclucUoa for defectiv. COlt
o. rlcIng detlll S3.J03o.e).
II 33.1C1Z4):
(l1UtDll.S):
I
r
-t
I ss..&n ~p- .. 1M nc.J NMnt
pnMoIoN.
'111. foUowlDa procurement promio
do nol .pply to illItitu.liGlll of higher
oducetlon &lid other DOl1IJI"Ofit
orgmlutlOl1l:
(aJ Subpa", C ucI E;
(hI SeetiODl 33.405 tbroush
1Ponn.l.dverti.~-
(c) SeetioDl 33.505 thro
"Competitive llI8Otl.tioII;'
(d) Section 3UIOS competitive
nqotiltion" (_ t It.
(e) 'I1Ie requIrem in I 33.%70(.)
'"Code of conduct" have. written
code of conduct
(I) The prom' DI of I 33.240 ''Small.
minority. we '.. ucIlebor ourph,.
.rea bu.ine .- which:
(lJ EDco the ..nn! of I fair
share of ntracll to women's and labor
ourplUl a bUllnesaes;
(Z) equIre Ibe opecIfic aflinnative
.cti ot.p. In I 33~1)(1) throush
(I I; bowever. DOnprOBI Orga.nlzatiCIDI
req~ to make positive .11"0", to
omall buoiDeuea lIl1d minority
own.d bu.lneues u oources or oupplies
and aervice.;
Is) Subpart G ''Protest.."
.
;
I JS.t20 .l.6cllIo. oat I" " ......,t
~
(.) Recipients mlllt uclude
ooatractora thaI d.velop Of
apecIfIcatinllS, requirement.. laments
oI'work.lnvUallon for r request.
for propo..a from for a warda
....Jt\na from the elfort.
(b) For all pro aoIe aource
aubapeemen d where only aile bid
or propoaal reoelwd. the rocIplent
mUlt .1 lb. aw,,", olBd.I'. prior
Ippro to Iward \be nbagreement If
.te e"pendll1lre II expected to
$10.000.
Iubp&rI E-fI~ _..... flIf
RecIpIents of ""',111II AcIIon
eoapl"~ AgII_._....UntIer
Compf ~... LnL~.men'"
AeeponM, CoIr,,*_lIor~ Md
Act of I_
I SU05 Af~r, '-/ end
...-.
(.J no recru&-II It 33.110
dIrolllh 33.115 appIJ ., to nmecllall
lOctiOlll which EllA .. port of .
oooperallv. lIDdar Ibe
Comprebellllve vinlclmeDtaI
R..po..... tion. aDd Li.biUlJ
Act of 19l1O ( ~
(h) Stud! 1n_IicaUo.... or
eft8lnee' .ctivltiOl whiell precede.
remodi . .cUon ac:tlril)' an: Dot Illbfltct
to the uIrem.nts iD II 33.110 thrall,b
33 , bat are subject to Ibe
. mentsln Subparts A. B. rand G
ihl. part.
,sUtO ".h.._lIIO(.tartl:wwlllt
od....-,g.
U. recipi.nt w&IItllo .... .
procurement m.thod olb.. form.l
.cIvertism,. it mUlt n:ceiv e EPA
.ward official's ce with th"
determina tion.
___vol.
'I1Ie award cia! shaD approve the
recipi.nrs or a ~ment m.dlad
other ormal .~siD& only aller
the . i.nt h.. completed 1'lannins:
rem 'a1 activities and select.d a co.t.
e tive alternative.
Subpart F-~ Provisions
I 311005 "'p I .~ ....clleol'. otlt1l.
aoqwt.
(.) nu. .ubpar1 .pplies to aD EPA
recipi.nts &lid dooaibes Ibe minimwn
cool.nt of eaell oubqreemenl (contract
and lubcoolract).
(b) Notbinc in this IUbpar1 probibi'l..
recipi.nt from requiring more
...auranc:n. guanDteeI. or indemnilJ' or
other cont:'actu:aI rrquiremeats frolIl
any pari)' to . aubqreemenl
I 33.1010 ~ for ...... ar~~lnent
-.
Recipients abaD incIud. cUllS.. lb..
meet lb. requirements of II 33.1015
tbrolllh 33.10Z1. ancIlb. appropriate
cI...... in I 33.1030, iD ..ell
procuremenl ~l
111.1015 6.... ;, l 1l..._,Wona
--
Eaell lubacreamenl mUll include
provI.lolll delinin8 a oound and
compl.le ~tlncludiD8 Ibo:
(.) N.tuJ'e. scope. and ."tent of work
to be performed:
(hI 'itmefTame for performance:
(e) TotaI-' of the nblp'Hinent:
ud
(t!) Payment provlal-.
111.'0" Labor aIal...... .............
a.dpl.1llI .balIlDclude a copy of EPA
r_ S73)-4 "Labor Staadarda
I'l:owIaIoDI for FecleraIIJ AaaIa\iad
""- tnactIoa CoDtracIII- fa each
........_t fOl_tnICtIon I..
~ lIJ die Secret&rJ oI'tabor). '!1Je
.... ......IDI the Davla-BaOOD Act
l'Iq!IIraments (40 USe. Z78a-Z7lla-1):
.. CopelOlld Regulallolll (29 CFR Part
~ the Contract Work Hog.... and Safely
Standarda Act-Overtime
('''''''1'""''..11111I (NO USe. SZ7-333J and
.. DODdiscrlminallon provillocaln
Ilxea1Uv. Order 1U48. II amended.
IA'01. __and_..v,!>.
-
Jlxcept for CIlDI~CIIlsrant
...bqreemente, aD nbqreement. abalI
'Iiadlacle notIoe ofElIA raquln:menb me!
rocuJallona pettaInInc to repor1ln8 and
patent ri8hts UDder IDf aubap.meol
Involvinc reseudl. developmental,
exper\lnelltaI 01 demollltration work
wllb respect to an., d1aOOVt:r7 or
invenUon which uIaes /If II cleveloped
in the conduct of worIc UDder.
..me,r..ment 'l1IIa nollce shaD .100
lncIud. EPA requln:mel1tsand
regulations pertalD\n8lo copyrights and
ri8hts In dete contained ill 40 CFR Part
30.
1311020 YIoloIln; IIdltIM --
Subqreements ill exceu nf $100.000
abaII cootain . provlaion which require.
"""tractor compliOllce with aD
applicable atandorda. orders or
requln:mentslmled ""d.. Section soe
or the Clean AIr Act (42 USe. 1857(b)).
Section 508 of tIu! 0011I Wat.. Act (33
USe. 1_). El<ecutiv. Ord.. 11738. and
EPA regul.tiODl (to Cf1l, Part 15] which
prohibit the us. UDder nnnexempt
Federal COIIlrac1a. srants or loana of
faclliti.. Included OD lb. EPA Uat of
ViololiD8 r.cl1ities.
131 '021 ~ ol1lde<<:, -
Su~m.nts.ban comply with
IllllldelOl")' ,tandards and polici.. aD
eDerllY elliciency contained ill the
State"s enefll)' conaervatiOll plan psued
In compUIIlCI! with lb. EIltrl)' Pollcy
MId CO....rv.tion Act (Pab. L. 04-103).
IA'CI3O 1Iodot..Ito'a ...._-
Recipi.nlo mUlllDclllde. when
appropri.... lb. foDowlDa cI...... or
tlleir eqwvalent In each &1Ibapeemeftt.
RecIpients m.y &1Ibet1tute other te.....
for -n:dpieDI and"" -contractor" In their
&1IbqreemeDte.
. c (~
Flid...a1 RePler I VoL ...- No, eo I MondlY. Mln:h za. 1lNl3 I Rulli IIId ~tlOlll
.-
UIH
:==
L ...........
no ........... ..tile _lnctor _ "'1
l01I.. elioor aptNpria.. cIo_ to 40 C'It
__ """ ..-dial'" oU,IbIa for IPA
.._I.'tDGt .. be ,.,.... ..... ....
rL . I .... ..... ..... ..._
~ ..,_n....pnwtoIou "....
........ 1ft
.....,.,. L 'l ,.
. "... ..\.,... t.. apec&M .. be
...... put .... """'" tra. .... u.s.
.drocw ".. Ptot.. AJeq. Neltber
... Uallo4 Slain _ .., ".10 depubn...
..-.. or _~ ... or wID be. . put)'
to dlIo ...........DI or .., low.. II..
..~L T1II. ..,,"-1" ..bled
.. NpIo_ cool.lDod ID 40 CFR Port 33 ID
.Ihd OQ tbe date or the ..II.t&DCI award for
.... profocl.
s. Q.oocot
tal 7IIor fr>Ila",i", clau.. app/i.. Mly ID
~......'" far _trvclialL (1)
...dplal _y .1 ODY lIm.. wllbout DO ce to
_ """iJ'. br wrill.. ani., d....... )01
......1lt<II to be . ........ order, ""7
cI>oop III .... work wtthID Ibo _
ol!be ..bov._eDL IDc:IudlnI but 01 Umltod
to =--
(I) Jo !be opodII..II...(1DcIu
ODd cIeoIp~
(II) Jo Ibe lime, IDCthod .. m
,..formoocaorlbeworlc:
CdlJ Jo dle roc:lpl'DI./umlth
oqmpmeoL _I.rialt._
lh") DirKtIo& .cce1...1I00
~oCth.wori<.
(l) A chaop anler .hoD be ODY other
wrilleD order (lDd.dioa '00. llalnlctioo.
iDLerprotolloo.. d.lermID 00) from the
roc:lpielll wblcb co..., OD c1J..... provided
the coatrndor lives the pieat wrltteD
DOlIce .gliDe the <l&le. IoIlcet ODd
....... or !be anler ODd I the coolnclor
rqardo the ord.r .. a ..... anler.
(3J Ex"",1 ., provld in thla d..... DO
orde:r. atatemeul or duct 01 the recipient
th.U be butod ., . .... UDd.r thI, d....
or aatitle the contr, or to aD equitable
.dja,tmeaL
It' U ey cb....
aD mere'.1e or d
cosl .. tho lIm. ulmIlo perfo,," ODY port
01 th. wcd aDd thla COD!roct. wheth., ..
00' chupd br y anI.r. the ~pieDI th.U
make OD oqull. Ie .dl.,"'eDt ODd ..odify th.
ouhqreeIDCDt wrltlna. Except Cor d.....
baoed OD del uv. .pec:l/icoUo.... DO d.1m
I.. .ny UDd.r p.nsropb (.XZ).bov.
tbaJ\ be.U od Cor .ny COIlIlDcuned mo...
Ihu ZlI d. belo... the contract.. "v..
wrilt.D ce .. required ID porosroph ('Xl).
ID the co or d.Cectlve .pec:l/icollon.o lor
wlUcb th redpl.nl" ....poculbl.. the
oqoll.b1 odjuolmeal .hoU 1DcI.d. ony
Ioaoe _I the CODtract.. ro..o...bly
I. .1I...p.... to COlIIp'y with _
opedl!cotlou.
tbI~ COIltnctor Intend. 10 ....rt .
or IlD equlUible adJu.tlnent under thi.
. 1M aUI,t. wllhIn 30 day. .fter receipt
'111'" cb.... anI.r under p.......ph I.'
(I) .. .... CIIrnI.bIDc oIa wrllln
_ph (., (I). oiobmIl. wri
Ie the ndplnl MllillI Cd
...... ODd -'-'7 W........&
no roc:lplnlu, oxl the >><la, potlod.
no __ u ode ... alol."'DI"
claim ID .... IIftdor porosroph (I) 01 thlo
........ .
(a) i/.ao b, the CODtraCt.. Cor..
oqu! adiu- oboD he oDowod II
oller 8noI po,.....I_., thla
-'-
(bJ 77Ie follow., dou.. app/ia t1111y Ii>
IU6avnmen'" for ..rvit:e.. (I' no redpl.nl
uy .t ODY lime. br wrill.n ardeo m.k.
chonae' within the poor.' ocope of thI.
..bo"...,m01lt ID th. Hrvlco. .. work to he
performod. U.uch cb..... co... ODiDae...
or cleeree" la the contractor", COIl or time
requlml to perform OD, ..rYlee, under th;.
.ubqree_~ whether or not cbODpd by
OD, order, the redpl.nl .h.U make OD
equll.bl. .dlu.tm.nl ond modify thl. .
IUbagreement in ".riling. The contractor must
.....-t ID' c1aira for adjustment under this
cia.... iD wriUIIC wlthiD 30 d.Y' !rom the dJI.
It ....t_ the rociplon", nollllcelloo 01
change. unless tbe recipienlsrantJ .ddilioftlJ
U... bel.... th. d.le or fln.1 po)....nl.
(Z) No _. Cor wblch the CODtractor
wID cb"'1' OD .ddlllo..r compenHllon .h.U
be Cumlohod without the wrillea
luthorizatiOD or the redplenl
tel 77Ie foJlo",i", cia... oppli.. t111ly 10
.ubogrwtnt!n" for ..pplio.. (I) Th. nc:ip"
_y at OD, lime, by writt.n order ODd
without DOtice to the .uretie.. cbanse
scaeral JCOpe of thi. .ubaareement in
ODe or more or the lollowin&:
(i) Drowlop. d..ipu or .pecili
whe... the ..,pUo. to b.lumi,h. ....
.peclficoDy ...nul,clured Cor th recipi.nl;
(Ii) M.thod 01 .hipm.n~ or p ins: .nd
(Ui) P1.ce 01 d.livery.
(Z) U 101 chanse ceUte. I man se or
deaelte in the co.1 or the me required 10
perform aD)' part or the w Ie under Lh.i.
,ubagreemcDt. whelber no' cblnged by
any .uch order. the fec' iea' ,haUlnlke an
equitable adJultment; the ,ubapeemenl
aveemenl price or d ivery .chedule. or both.
ed modify the ,ub ement.in wriUng. The
contractor lnu,l a ert Iny cllim ror
adJu.tlDent unde i. claule wilhin 3\) day.
from the d.le contrlctor receives the
recipient" DO' c.lion of chan,se. U lhe
recipient d . e. thlt the r.ct, Jwtify luch
IctlOn. the pienl mlY receive .nd .el
apoD an)' Ch cllim a..erted II an). time
before pt.ym.ent under thi,
.ublgre enl. Where the co.1 of property
made IOlele or e~ce.. II I relull of I
chi I. lnduded in the contractor', d.im
tor iwtmcnt. the recipient hi, the right to
be the mlMer of dl,posltion or .uch
perly. Noth....ln Ihi. d.... .hoUexc...
contractor lrom proc..din, with th.
lubagnement al chanaed.
.. D\IIorlq Sit. Co a.
TIN /0 clou.. oppli.. onl" to
ion .ubo,tNmenl.. (e) The
,....._
__lor abaII ro-PlIJ, .... heloN .
--'il~'" ... dloloIbod. DlllICy the
.. wrl..... 01:
(l1"hMKf.~ . 10_ pbyoIcoJ'
.1 .... allto dIIr..... __U,
ID4Icaltd.. daII.,,. J '.17-'
(Zllh~ pbJoIcoI.....
.Ila." .ID.........-. M
en. dlc_ ordlnerIIy _
anoroII7,_'--1.. .. -" "
........_ prooIdod lor dlIo
.........-
11>1 n.. ....pIaDt tIy ...-......
the .....lId-. U II "'1 ooadIdODO
IDIteria]~,. dIff.r aDd ca.... aD 1Dcn...
.. doer","H In tho Inctor'. ....t..the
limo '"'IluIrod 10 ana ooy port 01 the ...
onder till, ..ba maL ..bather .. DOl
.........1 .. . Ie 01 ouCh =ndlU..... tho
recipient .ha e all equitable adJultment
ODd _Illy . ..bqreemeal ... wrill....
. (c' No. d 01 the _tractor under till.
daUM ,h be a.Dowed unle.. the contractor
he, "v", the notice teqlIlred In poro....p~ I.)
of lbi, ute. Howna. lb. redplenlml,
.xlm lho limo praalbed ID poroanph I'~
( I d.... hy ... ....tractor lor OD
eq .blle .dj........1 aboII he aDowod if
. .d .fter &01 POJlDCllt under thi,
baereemeaL
So ,-_ "Work
77Ie fill/oorlnf cia... appli.. anJr ID
c;on.truf:tion .ubogreclMnu. (a) nt. pienl
",y or.!!er the CODtractor ID wrillDa 10
,wpen<l~ de", or lDtanlpt .U or &Dr art or
the worl, lor .uch period 01 time.. .
recipient m'f dclermiDt 10 be Ipp prilte for
the COD"eDleDce of the: recipient.
(h) U 'Ih. performonce 01 .U ..
the ..ori, 1.0 .,;'pended. del.yed
lnterrupled for an unRaton.bl period of
lime by .n .ct 01 the recipl.nl
adminiltralion of thit .uba ement. or by
the rea))iea", r.iJure 10 .el 'thin the time
.pedfiel~ in thi, .ubagreem nl (or It no time
u .pecilied. within I RI able time}. the
recipient ,haD make an. ju.tmenl for any
lncre'M~ in the co.t of ormance of thi.
.ublp'c>!menl (exd . profit] Deet..aril,
C8U1ed by .uch unrea able '\IIpeDslon.
del.)' or interruption modify the contracl
wrilina, However. adju.lment .h.U be
m.d. urlder thi. d for an)' luspenlion..
delay or inlelTUpf 10 the utent (1) that
perform,lnce wo have bem 10 .u.pended.
del.)'ed or inti pled by any olher C'UM:.
indudinl the I t or ..,Jii.nee 01 the
contraclor. or J for which an equitable
adjustmenl i provided for or excluded under
.n)" oth'~r p vilion of thi, lub_veelnen"
(c) No d 1DI under tbl.o d..... .h.U be
.lIowed ( lor Iny Cot.. incurred more than
20 day. (ore the c:onnctor noUCied the
m:lple ID writlDa 01 !he .ct. ..I.n_ 10
.ct. ID .vod (tblt req.....m.DI doeo DOl .pply
10 . I.. .....11.... en. . ,...,....Ion order~
.nd ) .w... the ......,t d.1med i. ....Ited
in 'U'1I I' IOOG a, pcactlc:able aner &he
te In'lIloo of.uch ._..Ion. delay or
I ,,,"plloft. but DOlIa..r th.n the d.t. 01
.1 ,almaenl under the ,ube.rftlMllL
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Federal Re&ht.r I VoL 44. No. 00 I MondlY. Mud! U~ '1983.-1 Rule. InclRepllllOQl/,:
12t3S
L ,..,.....
('111lIa _____ _.........lad
.. WIlaIa . .. put .. wII\fac .., a1t1lar partr
.. 1M ....I aI """",",,1IaI r.a.n .., .... odMr
I*V 10 IldlIIIIII ob!IplloM ......1IlIa
I ~..... fA'............. I
.......1Ine partr. pnm4H...I..
_1Ioa ..,be .~__ 1M ochar
I*V" aha [II ""'.... .... ... (101
ooIaDcIai do,.' wII_...... (....-....,
adhI......._ -'PC....-ladJ aI
_10 _... ....CZI "__17 far
-..I,.1Ioa wi" ilia .........1Ine partr pcfor
to _lion.
lbl11lla ...bqrao..1D1 "J be ,.........lad
.. Whola . III put .. wrillne .., tho radplan'
far III _..a1...... pnmded thol tho
coalnctor Ia "...(11 "",,- .........(101
calend.r do,.' willian _(cIeO..rad bJ
certlIIed ...11, relunl NCtIpl_Itd) 01
Intenll. termlll.I., ....(%1... opporlunllJ I..
""",.ltatlOll wllh thol.rmlIIallne parlJ prI..
.. tennla.uoa.
(el if t.........u.. I.. d.I.o/'la .<<eettd bJ
the radpl..~ ta equltabl. .djUlllll.nlla the
price providtd lor Ia thI. ..,,"-....1 .b.O
... ...d.. ""1(1100......... thoD.. .Uoweel
I.. ...Udpattd prolllOD lIDpaformed
oen1ce. or .th.r work. .nd (%I"'J paJlllen'
due I.th. _troetor .1 the lIIDe of
'_UOlI...y be .dIUl'td 10 COYer U1J
.ddiU....1 cot" t. tho radplen' beco... of
the coalnet..'. d.I.ul~ if I<nIIIDoU... lor
del.uJllo .<<eeleel by tho coatroetot, .. if
tumin.UOlI I.. _.eaJ.oco 10 clIected by the
redpl.n~ the equltabl. .djUltment .b.U
Include I re..oc.b~ profit tor aervice. or
.tb.. w.rt perf.rm.d. Th. eqaltabl.
,diu.tlDeat ror any lermln.tioo dI.D provide
for p.I:)'1Dcat to the CIOctrador for tenice.
....dered ...d ._. Iac:orr..r prI.. t. the
lennIa.U.... Ia .ddiU.. to len.lad..
NttJemeal COlli reuoubl,lDa&rred bJ tile
CODirector rei_tine to commltmeatl which
b.d beco... 6rm prior to the termIa.U....
(d) Upon NCtlpt .1. lenaIa.otloa .elI..
UDde. p........pho (.).. (bJ .hove. the
coalnetor .b.U (II pro..pdy cIitcoolia.. .0
aft"ect.d w.rlt (unl... tho aotice cIirectt
.tberwUe~ .... (%1 deU..r.. olbcrwIo. ..&Ic.
ntll.ble" the radple.1 tIldo... clrawias':
.pec:UicatlOD', reporu. estimates. I\lmD1arie.
I.Dd .uch other lnfOl"lDatiOD aDd materilh I'
may bove bee. .ccwau/.ted by the
coalnct.r Ia perf.rmlnc thio ..beJll".....n~
wh.the. co..pleted or Ia procaa.
(e) Upon termin.U.. under paroJll"lpluo (.)
.. lb).bove, the recipl..t ...y Lol. ..er th.
wCHi: and ma, award another party I
.u,,"-ment to complete the wotlc under
tIU. .ubqreemenl
(/) 11. alter termlllatJon lor WI.... .1 ib.
coalnetor 1.1u/IiU _tractutl oblic.U..., it
10 determlned thol tho controet.....d ..1
r.i1ed t. IulIiIJ co.traetu.ol obUpIi..., the
tenaia.II.. .htll be de._to ..... be.. lot
the coaveaJ.nco .1 the radpleaL Ia ..ch
......~ .djUlllllenl of the ...............1 prtco
oh&D be ...de ., provId.d Ia paroV.pb (e).I
thl. c:I.....
1. R-.dIoo
Ualet. .therwi.. ptO\icled Ia thlo
MlN....meat. aU dalal.. COUIltcr-dalma,
cIUpote. .... .ther _n..... _II...
betw... the reclplenl .nd the coalnctor
ultlni out oL .. ...I.U.. to. tbIa
N...........'. tho bra... 01. will"',
doddod bJ Irbllnlloa if tbt pull.. ..tuoIIJ
_ .. .. a court of 00IIIpelal Jodtdlclloa
wltbIa ... St.Io" whlch the radp/onlla
Iocolad.
L..... atducdoa lor o.Iocd.. Coot or
r.ldai 0...
(NoIo.-TIw foI/DwInI dotJH wI- .. (tJ
_, wA4W.W.""'" MfOUolMI benNM i:'w
tc/plHlrutdlll __ill _,,'
~- (ZJ ,..,olIo1MI..6<>,< ......,
.1MIHilMn1l or dtonp orrIIrt ill 111".'" D/
11_ off-III 1M prit>>lI(llJIIIHIlIr
ndNtUud. cotnpttlli..ty.WOJdod. fiJc.d
pd". ,.bo,,..mont or [3J OIlJ 1t1wo, lilt
..""',.._n' or pwclttu. ntdot iii 111""" of
"_ undft, 0 ..".".._ ntltu ","In 0
lomrnllr ndv.tU,ot!. ootnpIliliNlt ....We(
fiJctd priCtl '."""'lIHInt '17U. chlUe d...
"'" npplr '" ..""'tHlMnllowonJtd on 1M
bo.i. II( effectiv. prit>> t:OInp<tition.J
(I) n. conlr.etor U1d ",bcoatnelor,
whe.. .pproprl.te. u...... that the cotl.lDd
pric:lne d.ta .ubmitttd I.. ...Jualloa wllh
....peellO .....U.U... of prlceo ler .....tl.lad
'....JIl"ft..enla, I.w.. Uer "","-_II ODd .
change orden J. biNd OD curreat. 100001t.
.nd complet. d.l. .upporttd bJ theio bo.b
U1d recanI.. if tho redpltat.. EPA
d.lermlne. th.1 ...y price (lacIucIlnc prolll)
aegolltted in conneeUOlI with thio
,uba.sreement. lower tier .ubagreement ell'
ameadment thereunder WI' lDaeued b3r IDf
.r,l6CU11 .wo. beau.. thedota prvvlded
WII lDcomplete. lDlCCW'Ite ~ DOt current It
the time .1 ,ublDl..I.... the. ouch price .r
co,1 ot prolll .b.U .. rad.cod .-rdinsly
.nd the recipl.nl .btlllllOdily tho
..b_llle.lla wrillne to ..Oect ,uch
.elI....
lb) F.d.... t. _ .. . raductloa .h.1I be
.ubJect 10 th. remediet daule o(th!a
.ubagreemenL
(No"'.-$ince the ..""'IftlMn' U ..b/eeI
to Muct.'-on under W, cJauu by rtJQIOn l,f
dof_.. """ or pricint darD .ubmitttd i.
connection with lower tier ,u~QJen~r.
t/Je contractor llIay wi.h to include a c/o,,,..
in eoch lower tier .ubag:'eelMllt requin~r the
lower tier .ubcontroctar to appropria~/y
indomnify tho conlrnc"',. I' u .IM> 0JCp<C1:td
that any lower ti~r IUbcontroct<< .ubi<<;t 10
.uch indornnilicoli.n ",ill,.noroJJy req.;",
,ubstantlally .imilar indemniflCDtion for
d.fective cost or prici", datil .uhmitltld by
lower tier contractors.)
t. Audi~ .o\CCOt... R~
('1 Th. conlroet.. .h.II..llalaLo bO<lka.
rect)rd., document. and other evidence
dIroedy p.rlinenll. performance on EPA
fund.d w.rlt und.. thll ..b_11a
accordance with aeneraUy accepted
.ccounllna prlndplel end proclicea
con.lote.dy .ppU.d. U1d to CFR Port 30 ~I
.aocl.. tho d.Io.1 .uculloo 0I1Ma
'."-..ont. ne coatroClor oball II..
matnlain the flnudallntormaUoo and dlta
..ad In the preparation or .upport o( dae cut
..b.....I.. required unci.. to CFR 33.ZlIO I..
&II)' nelOUlcad a"balfeemeal Of c:I&anae order
and a cop)' of 11\. co.1 .umID." .abmJtled 10
the r:e-cipiea.L 'lb. UnJled Statn
Env1rorua.nlal ProI.cUoa ~DCJ. the
CaIDplIoIIar CaIotral 01... Uallad Sta,... tile
lIollad Sta... ~ of Lobar, ...
radplm. .... (!be Stalo) . U1J of tholt
lllIlIlnriatd .............liY. alI.tIl ..... ._..
.. 011.... booQ. __ .......... UId
...., ~ far... patpCIN 0I....~
MdII.... ""Prtaa """'" -..J butlDea.
....... no __ will pI'IIVIdo propet
foc:IIIlIaa lor... __ ODd ""poctIacL
lbl" IIlIa .. . ..........J "'-tlood.
-"II"" awardtd, lIxo4 pdco
.............1. .. ClDDtnctor.......1O male
..............(.1......11I of tbI. do...
.ppllc:AbI. 10 oII....U.'td ........ anlen
ODd ..b_anl ....ncllDoalo aft"oclIne lbe
..............1 pilot. .. ... caM of aU .th..
lJpta 01 primo ................. tho _Inet..
_ to IIlOb p.......pho C.) throup la)
opplJcabl. 10 011 ...bqrao_... ... .w."'" i.
_.. .1 S1O,ooa. 'Itny II... U1d 10 ..&Ic.
.............. (.1......11I of thl. do...
.ppUcabl. 10 all........ orde.. cltnctJy
related to proJact perf..........
(c) AudI.. coaducttd UDder thl. provision
obtll .. Ia .coordance with ....enII,
._pled ..dlliaa .taadud. ...d with
eotabUobtd proctd...... ODd ruldel1ae. .1 the
ravlowlac.. .udI, fIOIlCJ(leol.
(d' The coatractor ...... I. diad... .U
W-.Uoa ODd repan. reoalliaa "..., .cces>
to.-do under........pho (.).... lb).I
thio d.... to U1J 01 the ...ad.. refenod ..
Ia parqropb (.~
(el Recordt under parqrop,," ('1 U1d lbl
.hov. .ball be ...lat.ined by tho coalnelot
darlni perform.neo oa EPA ...Isted w.rlt
IIDder this .ubaJfffmeDI lAd for the time
periode .pedlled II: to CFll P.rI 30. Ia
addition. daMe recorda wbich relale to aD"
coaln>venJ arl.m, UDder OIl EPA ..olsl~
_~ UtIt.Uoa. the ..tt1.....1 .1 daims
arialDa out of.ucb perfOl'lD&Z)Cle or 10 co.tJ or
Item. 10 whiell an audll exception h.. bfta
takea obtll ... m.lalaiaed .., th. contraet.,.
I.. the liIIIe periode .pecUied Ia 40 CFll FII1
30.
(/) Aeee.. t. recorda I. .Ol limited I. the
required rel..lI.n period>. ne ..th.riz.d
repro...taU... d..lpat.d In paro....pb ('1
of thit d.use .haU have ec:oes. Co recordt .t
&0)' reasonable time (or II lona II Ibe
recorcis tit Illoialaiaed.
fll nu. ri&bt .I.eee.. dow. .p~U., t.
fiaaocitl rocorcis pertalaini to tIl
nb."eemeatJ (except formally advertbed.
co_tiU..ly .wuded. fixed price
.ubagreemeatJ)IDd .U lubqreemeDt char..,.
ord.n ....ardI... .1 tho type .1
.ubt.g:r"eemeat. and aU .ubacreement
amendmeatJ ftgardJeIJ of the type of
.ubasreement. 1a adcfjtioa Ih1a risbt 01 acun
.ppU.. t. tIlrecorcis per1lllnlac t. aU
."bageemeDt.. lubqreemeDI chance orden
aDd .ubapeemeut ameodmeata:
(I) T. the exlent tho roconIt porl.1a
diroctIy to ..bqraolDtD' perf.......co:
(%111 there 10 U1J iacUcaUoa th., fraud.
p'ON .bu.M 01' corrupl practice. IDI)' be
1a..I..", ..
(3)11 the .ob.........t I. termlll.led I..
c1er.u/1 or I.. __eo.
IL Covoa.aal Aaaiaat Coa~.1 r_
1'be CCXllreclor INure. ....1 DO penoo or
MIIiae ._ .... .... e..pI.yed ot reltlMd
. (
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o'
,MIenI ........ I Vol. 41, No. eo I MoDday. Much 2& Il183 l RulI1.'ad RtpIalioal
..-
!1283a .
!
j
I
I. MIIctt ....... ... I ,. . .A.~t ... ..
..1 1.1.~11.. -~...
IT . .,................
-'""'--...,...~... ....1.,h~..,4I&
......... udal.
~....,. -.............., 1M ......lctar
......-- "-"'''' L ....
........w..."...._. -...
'~',' ......... ........ to.......
.' ,........._... ot...
1111 t.oIl101l, to....... '-... _...
_ --"11""- ......... ....... 1M hII
_-..01... n .....~,..,..."
~ or _1IDpDI....
n.Gr._
I.) II'" ...:lploal &lido oIIor . ...tIoo ODd
boootoc tbo.1bo __.. OIQ' 01...
_lra_. .,..10 or ..._IoU... oIf_
..IOn ...lIIIU..I.......... 01
oalortolluDoa~ ,;lb or .tbotwIM) .. OIQ'
oIIIcIal. empIo,.. or .,.., 01 lilt roc:lpiOD~
IN SIoI. .. EPA" .. ._pl '" _ .
~ ..,......11Io tra.-.,,,
I.....u.,. .,............ mollDa us,
cIotenUuoU.... raIotod..... pod....- 01
lido ..bop I ~ 11oo roc:lploal..,. '"
WIllItIII DO!Ico to... alDlncIGr, IonIlIrJoIo
thIo ~L n.. redplaI'''' ??0o
_ ~ riPlo ODd -.di.. ~1...low
..1bIo ..bop........, prvridoo. Howne, ...
..10_ 01... lac:ll OIl wblc:b tIl. rodpleDI
beon ...... DDdiDp thoII be ill IN... ODd ....,
be ............ ill P""-".".. lIDdeo ...
a.m.dio, d.... 01 thIo ~L
lib) ill tho ...., thIo ..bqnem",11o
...1lIliDtlH u .prcmclod ill p'108rop.I'~ ...
redpieDllDt.)' ~. the MIDI remed1n
......,11oo COIlhdDr u II could panuo ill
lbo! ."",. .r. braocl> 01 tho .ubqreemeot b,
tho __. ODd u . poooJlJ, III .dditlOll
'" .111' .tIloo ......... ID wlllcl> II .., be
...dlle4 '" low, be illUded '" .XIDlpw,
domaa<t III us _. (u detormlDod .J the
IOClpi...l) wblc:b thoII be aot Ie.. ..... thrft
DOl' IDOft the leD timn the COlt, the
alD_ 1Ilc:un .. poovld1ns us, ..cI>
...IuIU.. ID OIQ' ...... officer or empIo,ee.
~ IIaJ A.IIooricaa
17U, cJaUMI applj.. aNT to CDlI.truclian
,u!_1> award under fO CFR Part.JS
Subpart. E ond 1. III .cx:ordusce wltIl >ecli0ll
%15 or tII. Ceus W.... Act 133 U.5.c. WI e'
'''1.) usd Impl'lIlIIIliD& EPA rquIotiona. the
coalrac\.. ....... "" pn:r.rence wW be
If.... ID dam..tic _lnIcIlan m.lerfoJ '"
... coalncler, ..bcooltraclon. tIlII'erfelmea
ODd .uppUen III the pod"""an.. of thl.
.ubaPft'IDIDL
11 'IllS .."biBI)' .lib. CoatnctOf
(coJ "" frJJl-u" c1auH oppll.. anfr to
,ubav<<_t. "" Nn'iceo. (I) The
coolnc.... It reopouIbIe ror the pror...""",
_UIJ. .......'coJ -.,.lImelJ
"""pl.tIOIl ODd -.IInotlOll of.U lInl.....
cIro".tnp. oped/Ico........ ..."""'.nd......
..me.. fwDloMd .., the conlnclar ......
dal. ...be_meaL II the .ub............
lD.oIvn I'IIYItoIuDntaJ aaeaaurementl or
dol. ....rolioft. .... _traclor .h.a ClDIIlpIJ
willi EPA _IIIJ ,,,_ ...quire......"
to Cf1l 30.50:1. 1M coolnclor Ihlll wllIIout
.~Ilion.lcom__ _.._
an, envn. 011\I..10", .. other denclndet III
We ........ .......... .,..uIco~ nporto
0Dd.......-. .
Wn.. -_.... porI_ ...
,...,.......1 ..... ........, Ie
I f~'~'" -" ."dIIod IDlIlIo
"'1#1 I wt.. aoooc f....... wi......
.......... ....... .pp/lc:able IPA
~1I" otrOCl_lbo dale 01
A-~1Ioa oltbe.NIataace "'1"_ for....
...... .
1Il'l1oe...... ..IPA'. ._oJ III
..........lIII'- If- .....lIoao, Npcicto ODd
IDcIdeataJ warIi .. _1alOIO Iundehod
........... ..a .... ... us, w., ..lion ....
cootracl.. 0I""-1blIIIJ lar tho IodmIc:aI
.doqucJ.r1llo wwk. NeIther lbo _.
_IPA'. _. ._01. .ocep_..
po"....I'" us,.r... ~ thoII be
COOIInIod u . w._ or ID, riP" ....so. dale .
,,-4.III_t or of 01 C8ue for actloa. arUm,
"'" at tile perf"""..... oIlIlIo JlIbqreemenL
14) n.. CODlnclor UoII be, ... olWJ
..........llablo ... .c:conlusce willa .ppIlcobl.
low I. e/I cIom.... to .... __.. EPA
.......d .., ... coolnctor'. ...,u,n.
petf_ 01 us, or doe ..mee. funllohed
....w thIo III,,"-_~ acopC'" ........
11IIIIo11IOI>I .. other dolIcI_ II .... mIDI
allllbuloble '" tile o_eo. ~"ed
dato .. OIQ'.dalnl poItJ. n.. __.W
"'" be ~... us, _ dolo,.......
poojed couood '" dn:umo....... beJOlld the
CODlnctor'l coolrol .
/$) n.. CODlnctor'. obllsoUODI and.. dale
de... .... ill .dditiGD to the coolnc\or'.
oINt ~ rwlmpUed U01lraIICeI and..
dUo lllbe_. III Slolo I.w ... III ao wo,
dlmInioll us, -tiJIrto tMl tile awn.. m.,
Un ........ the ""--01 rar l.uIlJ
tIlIIl.rlaJ.. oqulpllleul .. wor!<.
(bJ The foIlawi", cJo_ appU.. aaJr
ouJJa,_lMJIt./ar com/ruction. (1) TIt
_Inclor ....... to perfo.... e/I war. de,
dal, .ubosr-nlln .cconI..... wi thl>
agreement.. de.ign.. drewllll' and
opecUlcotiane.
(Z) n.. alDlnclar p...nl...
of .11.... _11) ye.. from th
ouhetonU.1 complellan of tIl. rl< th.. the
oompleled worh I> free from I d.fecll due la
halt)' mltertal.. equipment wortcm.n.hlp
ond th.... .he/l prompUy oItl w.....e,
.djulmealo ar wblcl> mlY be
......NrJ \0 cure on, d ..... 1DdudI",
repoln 01 us, .d.m... other paN of the
'Y.tom ....u1\ina uch d.r..lo. The
own... thaIJ poompd Ifn IlOUce \0 tho
coD!r.clar of 0.... od defecto. ... tIl. enn'
tboltho COD!r.ct r.o. '0 molt. edj..lmen",
rep.ln.. correct I or other work made
nece...rJ' by . defect.. the owner m.y do
.0 and e contnctor the co..
IPc:urnd. TIt performance bond ...U rem.1n
In full I Iuwl .rr.cl "'"""" the p...nl..
period.
(3) con!r'c\ar'. ablJa.U.... under Ibl. I
d..... In .dclJllon \0 tho COD tract..'.
other II or lmpUed ...un.ncu lInder '
thI. ba,nemlnt or Sla'e taw _ad In no W.)' I
h any other riahll that the nwner mA)' I
. .,aln.t the conlflelo, fDr f.ulty
.ert.t.. equipment or work.
It. Fl.... ,.,.....
Upon N.ltI.clary complelion 01 lb. work
performed unci... thl. .ubAlf"m.nL .. a
nr'" ..........,.,- __Ihlo .
.......1, TrT. u......... M.......
...sw... v'" ,.. . ... ..-tnclar ....
_........ to... _...... 01
,1I.w....e/aoC ... _ uIeIna ander. ..
1'" WtllI 01. .... -~. J ~ = cia....
,WWC:II IN.1 --- It, ~ . t..4 by
,__ to.. 011........... liIlI...
,....... ........... .... ---..... '"
11101110... 06__ __" apood to '"
I"~to""-~ _ . lIaaI
..,....... .... -\, lDt or
.1&lUomeaI_ _11oo .rdal.
.".._.....110I _dlulo . w.iYe' of
lbe 0...... cIaImo ....., ... can".clor ..
I'" ....11oo ..... dUo ....,....m.nl ar
"pp/IcahIe pod........ ODd po)'lll'D' bondo.
I
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APPENDIX nB"
RESOLUTION OF THE TOWN BOARD
TOWN OF SOUTHOLD
'.
.
c
APPJ:,NU~!\. "b"
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hal!, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
.-.
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold has engaged Holzmacher,
McLendon and Murrell, P.C. to design a Scavenger Waste
Treatment Facility in a contract dated April 19, 1983,
and
WHEREAS, the Town Board of the Town of Southold is the
governing body of the Town of Southold Wastewater Disposal
District, and
WHEREAS, the Town Board intends to apply for Federal and
State Aid, in conjunction with the construction of the
Scavenger Waste Treatment Plant, and the regulations of
the United States Environmental Protection Agency and New
York State Department of Environmental Conservation require
the retention of an engineering firm to provi.de services
during construction, now, therefore, be it
RESOLVED that Supervisor William R. Pel1, III be and he is
hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C./H2M Corp., to retain its services during construction,
and be it further
RESOLVED that the Agreement shall be subject to the issuance
of a grant by the United States Environmental Protection
Agency, and shall be annexed hereto, and be it further
RESOLVED that said agreement shall be subject to the
following:
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and H2M.
~
CO~T OR PRICE SUMMARY FORMAT F( .,UBAGREEMEt'lTS UtWER U.~. EPA G~' 'n
(S"l' .-It'COn,p.illI}'lnt JlI....trlll'l..lO... be/on' C01l1p/t'f"I~ 'hI.... form)
F oU71 A pprn\T./
OMII No. i58.J.:,(l/..J..J
PART I. GENERAL
2. GRANT NUMBER
1. GRANTEE
Town of Southold
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
". DATE OF PROPOSAL
HOLZMACHER McLENDON & MURRELL P.
S. AO'ORESS OF CONTRACTOR OR SUBCONTRACTOR (/nelu. ZIP cod.)
125 Baylis Road, suite 140
Melville, New York 11747
6. TYPE OF ~ERVI:C[ TOBE FURNISHED
STEP 3 ENGINEERING SERVICES
d. OTHER (Sp.ell,. eel.,::tr,..J
PART II.COST SUMMARY
ESTI-
MATEC
HOURS
HOURLY
RATE
ESTIMATED
COST
7. DIRECT LASOR (Sp.cll,. I.bor eel.,orl..)
Job Meetinqs, Shop Drawin s
Start-up Services ,....problem
Resolution Construction Observa
S
S
DIRECT LABOR TOTAL'
e. nlDIRECT COSTS (Sp.cll)' indi,.cl co.t pool.)
RATE
Overhead
.65
INDIRECT COSTS TOTAL,
'if il..,....-
9. C)THER DIRECT COSTS
w. TR....VEL
l) TR....NSPORT...TION (1?
(2) PER OIEM(Printin
3
b. EQUIPMENT. MATERIALS. suPPLIES (Sp.cHI' eel. 1M''')
QTY
COST
ESTIMATED
COST
S
S
EQUIPMENT SUBTOTAL'
""}~~'t~:~..-',;f
c. SUBCONTRACTS
ESTIMATED
COST
S
SUBCONTRACTS SUBTOTAL, ~t~....:...~,......;" S
S
OTHER SUBTOTAL, I
..' OTHER DIRECT COSTS TOTAL, .
IC. TOTAL ESTIMATED COST
II. PROFIT
1;1. TOTA\.. PRICE
E PA. F.,,,, 5700...1 (2.76)
PAGE' OF 5
ll.
COMPETlTOR.S C....r....LOG LISTINGS, IN-HOUSE ESTIMATES. PRIOR QUOTfS
CIndIe.'. b.... 'ot price comp..,;eon)
PART III PRICE SUMMARY
IoIAFU<ET
PRICElSI
~:v'"
PART IV. CERTIFICA TIOHS
U. CONTRACTOR
14.. HAS A FEDERAL AGENCY OR A FEOEflALLY CERTIFIED STATE Of' LOCAL. AGENe', PERFORMED ANY REVIEW OF VouR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDE"AL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS!
00 YES 0 NO (11 ..V.... .,,,. ft..,.. .dd,.... .nd ,.I.pltone nUlnbe, 01 ,a"I.",'"' olllee)
DCAA, Garden City, New York
(516)
741-8000
1 "b. THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
40 CFR 30-700
14c.
This proposal is submitted for use in connection with and in response tCl (1) Step III Servic~s-
Southold Scavenqer Waste Plant . This is to certify to the best of my kno....ledge
and belie! that thp. cost and pricing data summarized herein are compleh~, cu:-rf'nt, and accurate as of
(2), 1/7/83 and lhat a financial management capability exists to fully and acclI-
ratelyaccount (or the financial! transactions under this project. I further certify that I understand that the
subagreement price may be subject to downward renegotiation and/or recoupment where t.he above cost and
pricing data have been determined, as a result of audit, not to have bee;D.-CO,mplete, current anti accurate as
of the date above. " I \ - '
)VIf ! .--l,! 'L
. ~ -~ / IJ/(/v/U .
, SIG~"'TURE OF PROPOSER
1/7 /83
(3)
OATE OF EltECUTION
H. A. Dombeck, P.E.
Vice President
TITLE. 01" PfIlOP05EA
14. GRANTEE REVIEwER
I certify that 1 hove reviewed the cost/prace summary set Corth herein and th~ proposed costs/price appeur
acceptablt" for .;mb:..greement award.
f/I7 -f',L ~~, I'lJl3
I OATE OF E)Il,E uT10N
_.1 .' /,--. -"" -~.- ....
tJ..:.JJ~~:!"-'.-~ ~-1r<.-C ffi-....:.
SIGNATUfllE 01" REVIEWER
Sllpervi ~nr 'rnt.1n nT C::r~n+-hn)A
TITLE Of' HE\,I€",["R
Ii. EPA REVIEWER ill ~pHc.bl.'
lICON..'It.,JRE Of RE....IEWE...
D...TE OF EXECuTION
TITLt 01 REVIEwlR
P...GE 1 Of ~
[PA. Fo.", S700~..1 (2~76)
.
.
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EXHIBIT I
TASKS
TASKS
DESCRIPTION
1
Attend job meetings, participate in resolving
contractor problems, prepare payment requests -
certificates and invoices for the various
contractors and perform other minor miscellaneous
duties during construction.
2
Provide start-up services after construction
is completed including: directing the operation
of the project, revising the 0 & M manual to
reflect actual operating experience, personnel
training, and evaluation of proj:ect performance
standards.
3
Prepare Operation & Maintenance (0 & M) Manual
for Southold Scavenger Waste Treatment Plant
personnel.
4
Provide resident hourly inspection during
construction. Estimate based on 40 hour work
week - 12 month construction period.
Field Engineer to review shop dl:awings for
conformance with plans and specifications.
See next page for hour by task breakdown.
.f
.
, .
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(
EXHIBIT I (continued)
HOUR/TASK BREAKDOWN
AVG.
L.ABOR TASKS TOTAL HOURLY TOTAL
CA'TEGORY 1 2 3 4 HOURS RATE ($) COST ( $)
prin. Engr. 16 8 24 28.00 672
Proj. Manager 40 24 24 88 20.25 1,782
Proj. Engineer 320 80 60 460 15.75 7,245
Field Engineer 2000 2000 14.00 28,000
Staff Engineer 200 200 14 .00 2,800
Tech. Typist 64 64 8.25 528
Typist 32 16 48 6.75 324
Repro. Personnel 32 32 5.75 184
TOTAL COSTS
$ 41,535.
$ 68,533.
$ 3,000.
$ 16,932.
$130,000.
Sub-Total
Indirect Costs
Expenses
Fixed Fee
"'~.~
COH OR PRIC'E ~UMMARY FORMAT F( -,UBAGREEME~T~ U~DER U.~. EPA Gr 'T~
. (S"l' ,'It''"OmpiUl)'wA 1l1....ffllll..lO... bt.(orc' cOlllpklJfI~ (hr...; lorm) "
F (ion ,.\ Pi'(<I\-(',f
OM/I No. i51i'''''I~~
P"'RT I.GENER...L
2. GRANT NUMBER
t. GRA.HTEE
To'wn of Southold
J. NAME OF CONTRACTOR OR SueCONTRACTOR
4. DATE Of' PROPOSAL
HOLZMACHER McLENDON & MURRELL P.
S. ADDRESS OF CONTRA.CTOR OR SUBCONTRACTOR (/nel,," ZIP code)
125 Baylis Road, suite 140
Melville, New York 11747
6. TYPE OF !'ERV;ICE TOBE FURNISHED
STEP 3 ENGINEERING SERVICES
d. OTHER (Sp.clly ca,e,,,J..,
P...~T II. COST SUMM"'RY
ESTI..
MA.TED
HOURS,
HOURLY
RATE
ESTIMATED
COST
7. DIRECT LABOR (SpecllY labor ca,.,orJ..)
Job Meetinqs, Shop Drawin s
Start-up Services 'u...Problem
Resolution Construction Observa
$
$
DIRECT LABOR TOT"'L,
I. l"IOIRECT COSTS (Specllr indirecI co.t poole)
RA.TE
overhead
.65 $4
IHDIRECT cons TOTAL,
'i-:i.~~"';'
i. OTHER DIRECT COSTS
.,. TRAVEL.
J) TRAN$PORTATION (1 ?:
(2) PE:R olE!IA(Printin
3
b. EOUIPMENT, MATERIALS, SUPPLIES (Sped/,. cate'M''')
QTY
COST
ESTIMATED
COST
$
$
EQUIPMENT sunOTAL,
. ~")~: ~:{';-'''~'
I:. SUBCONTRACTS
ESTIMATED
COST
$
SU&COHTR"'CTS SU&TOT...L,
~~"'''-'''$
. .. ~.,....""I.'t.""-"
OTHER SUBTOTAL: I
e.' OTHER DIRECT cons TOTAL, .
10. TOTAL ESTIMATEO COST
'I. PROFIT
I~~. TOTAL PRICE
E p,,, F.,,,, 5700...1 (2.76)
PAGE\OF5
','
I).
COMPETITOR'S CjI.,T"LOC LISTINGS, IN-HOUSE ESTI.."TES, FlRIOR QUOTfS
(lndle.,. b..i. lor price (:omp.tI.~)
PART III PRICE SUMMARY
.....RKET
PRICEISI
'~ <;,",^i~f.
PART IV. CERTIFICATIONS
14. CONTRACTOR
14.. HAS A FEDERAL AGENCY OR A FEOE~ALLY CERTIFIED STATE Of' LOCAL AGENC'" PERFORMED ANY REVIEW Of YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER 'EOE""L GRANT OR CONTRACT WITHIN THE PAn TWELVE MONTHS'
00 YES 0 NO (II ..y.." ".... n..,.. .dd'....nd t.'",r.on. ftlllRh.,. ot r."'..'"' ollleo)
DCAA, Garden City, New York
(516)
741-8000
i 14b. THI$ SUMMARY CONFORMS WITH THE FOLLOWING COsT PRINCIPLES
40 CFR 30-700
\4c.
This proposal i. submitted for u.e in conn~tion with and in response t<> (1) Step III Services-
Southold Scavenqer Waste Plant . This is to certify to the best of my knowledge
and belief that thf" cost and pricing data summarized herein are compleh~, cu:rf"nt. and accurate 8S of
(2). 1/7/83 and ~hat a financial management capability exists to fully and accu-
ratelyaccount for the financiall transactions under this project. I further certify that] understand that the
subagreement price may be subject to downward renegotiation and/or rel::oupment where t.he above cost and
pricing data h:we been determined. 8!1O a result of audit, not to have beeJIl--C.O_mpi ete , current anei accurate as
of the date above. . -i I \ - '
/'~/fl A 1'/
'.'{> /1)/(1 clJ ( L-
, SIG~A TUAE OF PROPOSER
1/7/83
(3)
DATE Of' EXECuTION
H. A. Dombeck, P.E.
Vice President
TITL.E. OF PROPOSE"
,.t. GFlANTEE REVIEWER
I certify that] hove reviewed the cost/price summary set forth herein arad the proposed costs/price appetlr
acceptable for $llbHgreement award.
4f7 -elL r2~. l~f3
I O.TE OF' EKE VTlON
--1 ... ,.-. _. ,~,I;;::
tl jJ) -,Li'..,.-~ -1J r:..c- ffi "--
IIGNATUlllE OF RE\iIE""EA
Sl1pervi !=\nr 'rntJn t""'I'f C:r",+'ho'A
TITL.E 0'" Io4E\'IIE""E"
ti. EPot. REVIEWER (II .,ppHc.bl.J
SIG....TUFlE Of RE....IEwER
o...TE OF E.ECuTION
TITL.I: 01 AEYI(W(I'I
P~Gf 2 or ~
[PA Fo,,.. S70n-.4' (2.76)
~,
"
(
(
EXHIBIT I
TASKS
TASKS
DESCRIPTION
1
Attend job meetings, participate, in resolving
contractor problems, prepare payment requests -
certificates and invoices for the various
contractors and perform other mi.nor miscellaneous
duties during construction.
2
Provide start-up services after construction
is completed including: directing the operation
of the project, revising the 0 !, M manual to
reflect actual operating experience, personnel
training, and evaluation of pro:iect performance
standards.
3
Prepare Operation & Maintenance (0 & M) Manual
for Southold Scavenger Waste Treatment Plant
personnel.
4
Provide resident hourly inspection during
construction. Estimate based on 40 hour work
week - 12 month construction pel:iod.
Field Engineer to review shop drawings for
conformance with plans and specifications.
See next page for hour by task breakdown.
-'l_.,j'
(
EXHIBIT I (continued)
HOUR/TASK BREAKDOWN
AVG.
LABOR TASKS TOTAL HOURLY TOTAL
CATEGORY 1 2 3 4 HOURS RATE ($) COST ($)
prin. Engr. 16 8 24 28.00 672
Proj. Manager 40 24 24 88 20.25 1,782
proj. Engineer 320 80 60 460 15.75 7,245
Field Engineer 2000 2000 14 .00 28,000
St.aff Engineer 200 200 14 .00 2,800
Te,ch. Typist 64 64 8.25 528
Typist 32 16 48 6.75 324
Repro. Personnel 32 3-' 5.75 184
<.
TOTAL COSTS
$ 41,535.
$ 68,533.
$ 3,000.
$ 16,932.
$130,000.
Sub-Total
Indirect Costs
Expenses
Fixed Fee
/;
..
t. -..
,.,
.....
~
~
~
New York State Department of Environmental Conservation
50 Wolf Road, Albany, New York 12233-0001
August 9, 1983
The Honorable William R. Pell, III
Supervisor, Town of Southold
Town Hall
53095 Main Road
P.O. Box 728
Southold, NY 11971
Re: C-36-1120-02
Southold (T)
Scavenger Waste
Dear Mr, Pe11:
Henry G. Williams
Commissioner
III (j)
The review of the engineering agreement between the Town of Southold and H2M
Corporation has been completed in accordance with the NYSDEC/USEPA Delegation
Agreement.
Based upon this review the agreement is approved as a cClst-plus-fixed-fee
type. Approved are costs in the amount of $113,068 plus profit in the amount
of $16,932 for a total price in the amount of $130,000,
This approval is conditioned as follows:
1. The contract must contain a set time for completion of all major
tasks contained in the contract,
2. It is sugges ted that "Appendi x C-l Requi red Provi s ions - Consulti ng En-
gi neeri ng Agreements" and all references to it be removed from the
proposed subagreement so as not to conflict with condition #3.
3. The appropriate model subagreement clauses (33.1030) and other
applicable subagreement requirements (33.1020 and 33.1021) included
in Part 33, Subpart F as published in the March 28, 1983 issue of the
Federal Register or their equivalent must be made part of the proposed
subagreement.
4. Each party to the subagreement must take the affirmative steps in
paragraphs (a)(l) through (a)(6) of section 33.240 as published in the
March 28, 1983 issue of the Federal Register.
:.
'-
. J.."
..
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 29, 1983
H. A. Dombeck, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747 Re: Scavenger Waste Agreements
Dear Harold:
Transmitted herewith are three copies of the executed
Design Contract, and three copies of the executed Construction
Services Agreement between the Town of Southold and Holzmacher,
McLendon and Murrell, P.C.
Also enclosed is supplemental contract which has been
executed by Supervisor Pell. Please execute all three copies
and return two copies to me.
Very truly yours,
c::f??-7<:'E--(,/----
- {./
Judith T. Terry
Southold Town Clerk
Enclosures
t"i:.lM
HOLZMACHER, McL~!JD()!, and !AURRELL. P.C. . CONSULTING ENGI!:I.~~~,_ENVIRO_~MENTAL SCIEN!ISTSand PLANN~RS
c~".'~:" ~"~~, \j'"
.,'0.1'
!'Prll 25, 1983
RKlIVlD
APR 2 8 19B3
_ QIIJ( lIaulhOIlf
Robert W. Tasker, Esq.
425 Nain &treet
Greenport, New York 11~44
Re: TOl-1n of Southc16 - Scavenger ,'last" A51.:;:~~nt..s!
Dear :-l~. 'raskcr:
Pursuant to our conversation of l.pril 25, 19;;3, I :,ave r0vised
the Desil]fl and Construction Contracts aL ~"ou re.qucst:cd..
Th€ original budget:. provJ..ded for $276,000. for 181:1;;1.1, adminis-
tratiron ane 0.n;Jine~r i:i1<; serv ice,i,. ,,'le have aqree(l wIth the
Town Loare' to ;cx'ovide a budGet of $8, O'.)'J. for legal and
administration 5.;::rvic(~s. Cons0CJuently, I L.:.\ve adjustf~d the
budg~L8 a~ follow~;
D(,::S~gl1 5ervic~.:; ~ ~~13'j,vOU.
CODb~ruction E;crvicea _. ~ljJ,u0v.
LC~Fil b..'<:11: :J..dj'l.nlst..ra-l..l.O:i.l - ~.~j,~j:jv.
Bnclo~.:d are .rive (J) GOpi8S of our cOll:.r::-..ct/ It~ly -~~)>:;;:ct.i.teci
and notarized. ~leiibG return t.hr~oJ (3) ~Ci>.i.t.L:j lo.t' our <.lStJ
and forwaruing to NYSDEC.
Should you have allY questions concerning ;;.he l'.:llclosed, ?lease
contact me.
Very truly yours,
HOLZi~CHER~ McLENDON & MURRELL, P.C.
"
. ." .' ).,
j ///1.;1 /; I ',( /;1",
t / II . //{" {<,
H. A. Do~c~, P.E.
HAD/paX
Ene.
ec: Supervisor William R. pell, III
Judith Terry, Town Clerk
Melville, New York. Farmingdale, New York. Riverhead. New Yorll
.
.
HOl2MACHER. McLENDON and MURRELL. P.C. . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD. SUITE 140. MELVILLE. N.Y. 11747' 516-752-9060
April 27, 1983
Robert W. Tasker, Esq.
425 Main Street
Greenport, New York 11944
Re: Town of Southold - Scavenger Waste Agreements
Dear Mr. Tasker:
When the attached contracts are executed please see that the
following are included:
a. Design Contract:
1. Date of Agreement.
2. Supervisor pell - execution and notarization of Contract.
3. Attorney Tasker - approval of Contract.
4. Certification of Resolution.
b. Construction Services:
1. Date of Agreement, page 1.
2. Date of Design Services Agreement, page 1
3. Supervisor pell - execution and notarization of Contract.
4. Attorney Tasker - approval of Contract.
5. Supervisor Pell - execute Appendix A, page 2 of 5.
6. Certification of Resolution.
I understand you will prepare the third Agreement allowing unused
monies from the Design Contract to flow through to the Construc-
tion Services Contract.
Please call me if I can be of further assistance.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
"J
I.. '. '.-- - 1 ~.
//1/'? / f/V(b l L_
'H. A. Dombeck, P.E.
HAD/pak
Encs.
Melville, New York. Farmingdale, New York. Riverhead, N~,w York
.
.
ROBERT W. TASKER
Town Attorney
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
April 28, 1983
Hon. William R. Pell III
Supervisor of the Town of Southold
Town Hall
Southold, New York 11971
Re; Engineering Contracts with H 2M
Dear Billy:
Under letter dated April 27, 1983, a copy of which is enclosed herewith, Harold
Dombeck sent me five copies of the engineering contract for the design of the
waste water facility as well as five copies of the engineering contract for the
construction phase thereof. I have examined these contracts and they are in
accordance with our understanding and accordingly I have approved all copies
thereof. The contracts are enclosed herewith and YOut must execute them in
accordance with the H 2M April 27th letter. Three copies of the executed contract
must be sent to Harold Dombeck of H2M, The remaining! copies may be retained
for the Town records.
Also enclosed herewith in triplicate is a supplemental contract between the Town
and H 2M which was prepared by me. Under the terms of this contract if the
engineering cost for the design phase is less than $'145,000.00 then all such
surplus funds may be applied to the engineering contract for the construction
phase of the project. Would you please execute all three copies of this contract,
send all three copies to Harold Dombeck for his execution and request that he
return two executed copies to you.
Yours very truly,
~
ROBERT W. TASKER
RWT :MY
Enclosures
.'
.
.
JUDITH T. TERRY
TO\v'\J CLERK
REGISTRAR OF VITAL ST\TlSTlCS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 21, 1983
Harold A. Dombeck, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747
Dear Harold:
Enclosed herewith are copies of the following
resolutions which were adopted by the Southold Town
Board at a regular meeting held April 19, 1983, with
reference to the construction of a pre-trestment plant
in the Southold Wastewater Disposal District:
1. Authorizing the execution of an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C., for design of Scavenger Waste Treatment Facility
and other services.
2. Authorizing the execution of an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C. for construction services for the Scavenger Waste
Treatment Facility.
3. Bond resolution of the Town of Southold,
appropriating $1,877,000.00 for the construction of a
pre-treatment plant in Southold Wastewater Disposal
District.
:..
Very truly yours,
fi-dy---
Judith T. Terry
Southold Town Clerk
Enclosures
.
.
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR 01" VITAL ST.\TISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold under agreement with the
Inc. Village of Greenport has engaged Holzmacher, McLendon
& Murrell, P.C. to conduct a 201 Wastewater Facility Study
in a contract dated November 14, 1977, and
WHEREAS, pursuant to the recommendations of said 201 Waste-
water Facility Study there has been formed, pursuant to
Article 12A Town Law, State of New York, the Southold Waste-
water Disposal District in the Town of Southold, of which
the Town Board, Town of Southold is the governing body, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection
Agency have had submitted an approvable Facility Plan for
Scavenger Waste, and
WHEREAS, the Town Board is desirous of proceeding with
implementation of the report recommendat:lons, to wit, the
engagement of engineering services for detailed plans and
specifications and other services are no,~ required, now,
therefore, be it
RESOLVED that Supervisor William R. Pell" III be and he
is hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon and Murrell,
P.C./82M Corp. for preparation of plans and specifications
and other services for said scavenger waste facility, and
be it further
RESOLVED that said agreement shall be subject to the follow-
ing:
'-
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and 82M.
.
.
JUDITH T. TERRY
TOWN CLERK
REG15TRAR or VITAL ST..\TlSTlCS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold has engaged Holzmacher,
McLendon and Murrell, P.C. to design a Seavenger Waste
Treatment Facility in a contract dated April 19, 1983,
and
WHEREAS, the Town Board of the Town of Southold is the
governing body of the Town of Southold Wastewater Disposal
District, and
WHEREAS, the Town Board intends to apply for Federal and
State Aid, in conjunction with the construction of the
Scavenger Waste Treatment Plant, and the regulations of
the United States Environmental Protection Agency and New
York State Department of Environmental Conservation require
the retention of an engineering firm to provide services
during construction, now, therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he is
hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C./H2M Corp., to retain its services during construction,
and be it further
RESOLVED that the Agreement shall be subject to the issuance
of a grant by the United States Environmental Protection
Agency, and shall be annexed hereto, and be it further
RESOLVED that said agreement shall be subject to the
following:
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and H2M.
~
,,-.
.
9:l
'.
.
.
EXTRACT OF MINUTES
Meeting- of the Town Board of the Town of
Southold, in the County of SUffolk, New York.
April 19, 1983
*
*
*
A
meeting of the Town Board of the Town
regular
of Southold , in the County of Suffolk, New York, was held at
the Town Hall, Main Road, Southold, New York, in said Town,
on April 19, 1983, at 3:00 o'clock R....M. (E.S.T.).
There were present: Honorable William.R, Pell, III
Supervisor, and
Councilman John J. Nickles
Councilman Lawrence Murdock, Jr.
Councilman Francis J. Murphy
Councilman Joseph L. Townsend, Jr.
There were absent:
Justice Raymond W. Edwards
Also present:
Judith T.Terry, Town Clerk
'Robert W. Tasker, Town Attorney
*
*
*
Councilman John J. Nickles offered t:he following resolution
and moved its adoption:
w
< .
. .'
..
BOND RES&ION OF THE TOWN OF sou'r~,
NEW YORK, ADOPTED APRIL 19, 1983,
APPROPRIATING $1,877,000 FOR THE CONSTRUCTION
OF A PRE-TREATMENT PLANT IN SOUTHOLD WASTE-
WATER DISPOSAL DISTRICT, IN SAID TOl'ffi, AND
AUTHORIZING THE ISSUANCE OF $1,877,000 SERIAL
BONDS OF SAID TOWN TO FINANCE SAID APPROPRIATION
AND AUTHORIZING ANY AMOUNTS RECEIVED FROM THE
UNITED STATES OF AMERICA AND/OR THE STATE OF
NEW YORK (WHICH IS ESTIMATED TO BE $1,540,125)
TO BE EXPENDED TOWARDS THE COST OF SAID SPECIFIC
OBJECT OR PURPOSE, OR REDEMPTION OF ANY BONDS
ISSUED THEREFOR OR TO BE BUDGETED .AS AN OFFSET
TO THE TAXES AND/OR ASSESSMENTS FOR PAYMENT OF
THE PRINCIPAL AND INTEREST ON SAID BONDS.
Recital
WHEREAS, after a public hearing duly called and held,
the Town Board of the Town of Southold (herein called "Town")
inthe County of Suffolk, New York,' determined on September 7,
1982 that the petition for Southold Wastewater Disposal District,
in the Town (herein called "District"), is signed and acknowledged
or proved as required by law, that all the property and property
owners within the District are benefited thereby, that all the
property and property owners benefited are included within the
limits of the District and that it is in the public interest
to proceed with the establishment of the District and the
construction of a scavenger waste pre-treatnent plant therein and
approved said establishment and construction as set forth in
said petition; and
WHEREAS, the Village of Greenport, in said County, has duly
consented to inclusion of a part of said Village in the District;
and
WHEREAS, following submission of an application by
the Town Board, the State Comptroller gran1:ed permission to
establish the District by Order dated February 8, 1983,
, .'
.
.
.,
which Order was duly filed with and presented to the Town Board
at its first meeting held after said Order was so filed; and
WHEREAS, the Town Board adopted an Order on February
15, 1983, establishing the District and ordering construction of
a scavenger waste pre-treatment plant therein at a cost not to
exceed $1,877,000 which Order has been duly recorded with the
Clerk of Suffolk County and duly filed with the Department of
Audit and Control; and
WHEREAS, it has been determined pursuant to the Article 8
of the New York Environmental Conservation Law that such construction
will have no significant environmental impact; now therefor be it
RESOLVED BY THE TOWN BOARD OF THE ~~OWN OF SOUTHOLD, IN THE
COUNTY OF SUFFOLK, NEW YORK (by the favorable vote of not less than
two-thirds of all the members of said Board), AS FOLLOWS:
Section 1. The Town is hereby authorized to construct a
scavanger waste pre-treatment plant at the site of the sewer
treatment plant of the Village of Greenport located west of Moores
Lane, at Greenport, in the District, in the Town, including original
furnishings, equipment, machinery and apparatus, all in accordance
with the map and plan prepared by HOLZMACHER, McLENDON AND MURRELL, P.C.
duly licensed by the State of New York, on :cile in the office of the
Town Clerk and hereby approved, and all subject to compliance with all
applicable environmental laws, Federal, Sta1:e and Local, and any
regulations promulgated thereunder. The TO\~n hereby appropriates the
amount of $1,877,000 to finance the cost of such construction. The
estimated maximum cost of said specific object or purpose, including
preliminary costs and costs incidental thereto and the financing
thereof, is $1,877,000. The plan of financing includes the issuance
of serial bonds of the Town and the assessment, levy and collection
of assessments on the several lots and parcels of land within the
District which the Town Board shall determine and specify to be
especially benefited by the improvement, so much upon and from each
as shall be in just proportion to the amount of benefit which the
improvement shall confer upon the same. The Town has applied for and
expects to receive a grant of Federal and/or State funds from the
, '.
. ..
.
.
United States of America and/or State of Ne\l York to aid in
financing the cost of said specific object or purpose
(which is estimated to be $1,540,125) and any amounts so
received are hereby authorized to be expended towards the
cost of said specific object or purpose or applied to the
redemption of said bonds or any bond anticipation notes
issued in anticipation of the sale of said bonds or to be
,
budgeted as an offset to taxes and/or assessments for the
..
payment of the principal of and interest on said bonds.
Section 2. Serial bonds of the Town are hereby
authorized to be issued in the principal mnount of $1,877,000
pursuant to the provisions of the Local Finance Law,
constituting Chapter 33-a of the Consolida1:ed Laws of the
State of New York (herein called '~Law") to finance the said
appropriation.
Section 3. The following additional matters are hereby
determined and stated:
(a) The period of probable usefulness of the specific
object or purpose for which the bonds authorized by this resolution
are to be issued, within the limitations of ~11.00 a. 4 of the
Law, is forty (40) years, but the maturity of the bonds shall
not exceed twenty (20) years.
(b) Current funds are not required by the Law to
be provided prior to the issuance of the bonds authorized by
this resolution pursuant to Section 107.00 d. 3(1) of the Law.
(c) The proposed maturity of the bonds authorized by
this resolution may exceed five (5) years.
Section 4. Each of the bonds authorized by this
resolution and any bond anticipation notes issued in anticipation
thereof shall contain the recital of validity prescribed by
~52.00 of the Law and said bonds and notes shall be general
obligations of the Town, payable as to both principal and
interest by a general tax upon all the taxable real property
...
.'
.
.
within the Town without limitation of rate or amount. The faith
and credit of the Town are hereby irrevocably pledged to the
punctual payment of the principal of and interest on said
bonds and notes and provision shall be made annually in the
budgets of the Town by appropriation for (a) the amortization
and redemption of the bonds and notes to mature in such year
and (b) the payment of interest to be due and payable in such
year.
Section 5. Subject to the provisions of this resolu-
~
tion and of the Law, and pursuant to the provisions of 530.00
relative to the authorization of the issuance of bond anticipation
notes and of 550.00 and 5556.00 to 60.00 of the Law, the powers
and duties of the Town Board relative to prescribing the tems,
form and contents and as to the sale and issuance of the bonds
hereby authorized and any notes issued in anticipation thereof,
and the renewals thereof, are hereby delegated to the chief
fiscal officer of the Town.
Section 6. The validity of the bonds authorized by
this resolution and of any bond anticipation notes issued in
anticipation of said bonds, may be contested only if:
a) such obligations are authorized for an object
or purpose for which the Town is not authorized
to extend money,
b) the provisions of law which should be complied
with at the date of the publication of such
resolution, are not substantially complied with
and an action, suit or proceeding contesting
such validity is commenced within twenty days
after the date of such publication, or
c) such obligations are authorized in violation of
the provisions of the constitution.
Section 7. This resolution shall take effect immediately.
*
*
*
The adoption of the foregoing resolution was seconded by
COlillcilman Francis J.MurpgXd duly put to a vote on roll call, which
resulted as follows:
Supervisor Pell, CoW1cilmen
AYES: Nickles, Murdock, NOES: None.
Murphy, Townsend.
The resolution was declared adopted.
******
....... ..',.
.
.
Councilman John J. Nickles offered the following reso-
lution and moved its adoption:
RESOLVED BY THE TOWN BOARD OF THE 'I'OWN OF SOUTH OLD ,
IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS:
Section 1. The Town Clerk of the 'I'own of Southold,
in the County of Suffolk, New York is hereby directed to publish,
in full, The foregoing bond resolution, in "The Suffolk Times"
and "the Long Island Mattituck Watchman", nev?spapers published in
Southold, New York, and having a general circulation in said
.,
Town, and hereby designated as the official newspapers of the
Town for such publication, together with Ll1e'I'own Clerk I s statutory
Notice in substantially the form prescribed by 181.00 of the
Local Finance Law of the State of New York.
Section 2. This resolution shall take effect imrnedi-
ately.
*
*
*
The adoption of the foregoing resolution was seconded
by Councilman Francis J. Murphy
and duly put to a vote on roll call,
which resulted as follows:
AYES: Supervisor Pell, Councilman Nickles, Councilman
Murdock, Councilman Murphy, Councilman Townsend.
NOES: None.
The resolution was declared adopted.
******
,
........ t" ~,
.
.
General - No Veto
9/1/75 (2M)
CERTIFICATE
I. ,Tll," ; t-h '1' '1''''rr~:, Town Clerk of the Town of Southold,
in the County of Suffolk,
..
State of
New York
, HEREBY CERTIFY that the foregoing
annexed extract from the minutes of a meet ing of the
Town Board
of said
Town
,
duly called and held on
April 19,
. 1983
, has been
compared by me with the original minutes as off:lcially recorded in my
office in the Minute Book of said
Town Board
and is a true. complete and correct copy thereof and of the whole of said
original minutes so far as the same relate to the subject matters referred
to in said extract.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of said
Town
this 20th day of
April
, 19...:.!U.-
(Seal,)
~~a~~ ~-;;~<:/
. c;7
t. ,
Town Clerk
SET TAB STOPS AT A~~OWS
,
Emm
ertificate of Insuranc4
THIS CERTIFICATE IS ISSUED AS ,A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND.- EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES L1STEQ BELOW
NAMf-\ND ADDRESS OF INSURED
COMPANY A
I ETTER
COMPANY B
lPieR
(~()MPANY C
IHTER
--"-'-
(.aMP^,'., D
L ~TTfFl
COMPANY E
LfTTER
This IS to certify that policies of insurance listed below have been issued to the Insured named above and are In force at this ti'TI8 Notwithstanding any requirement. term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain. the insurance afforded by the policies described herein is subject to ali the
terms, exclusions and conditions 01 such poiicies.
FELKER
LAWTON-BYRNE-BRUNER INS. AGENCY
10 BROADWAY
ST. LOUIS, MO, 63102
COMPANIES AFFORDING COVERAGES
THE HARTFORD
~H ..
.Yt9.
HOLZMACHER, MCLENDON & MURRELL,
575 BROAD HOLLOW ROAD
MELVILLE, NEW YORK 11747
P.C.
T_c:a.fr" - -,
COMPAN'f I
LfTTFP TYPE OF .'NSL,RA~U
----- -- r - GENERAL LIABILITY
10 {\IMPRfH""NSIYF FORM
10 F'REMISES--()?UiM ION':
o EXPLOSION fiND (.CJLJM-'SE
HAIARD
o UNDERGROuND H/,lARD
D PRODUCTSCOMP'_FTFl,
OPERA.T IONS HAZARD
o CONTRACTU"'L INSURANCE
D IOPOAD f"OR'<1 P'-<OPEPT\
lJAM,\GE
I D '~DEPEr-,UU, C'Jr'-<P-/i,( ]':11--1"
I 0 DERSU~jflL !NJUf.>Y
__----1-___~_~___.__~~__.__._._.
I AUTOMOBILE LIABILITY
i 0 (()MPP'H['\J' l\iE "\~p','
I -. -
,01.:WNE.U
ID ,,"w
D "WNr;'i;NlL-
-----L________~___
i EXCESS LIABILITY
I
i D UMBREc_~^ 'ORrv'
JD '?THFRI'lt"\.IMLRFi.i~
.ORM
- ~
'IWO~KERS' COMPENSATION
and
A i EMPLOYE~S' LIABILITY
T------ClTHER---
!
!IICV NU'M3ER
-T----~,,,-T--
I HUGILY
I
Limits of Lia~i1ity in Thousands (000)
FACH
OU~I)RRfNCf.
------r---~ ------
! $
!
A,GGREGArE
:N;URY
! ,
:~-D:-':JUPY ',N:-r---i-----
PROPERTY DAM,"'.GE '
'~:0MRINf[,'
PROPf.PTY DA.M'\GE
f"lRSON,'l,1
!NJUh'
RODiL v IN.!UP')
,EACH PERSOr.,
l
I
!
84WJJM2838W
-~----
I
I
C~l~_~~__
I
BODILY INJURY
lEACH ACCIDENl i
PROPFrlTY D!,MAGl
RODIL Y IN_JURYAr-,C-
PROPERl'l DAMAG,
-I.Q~' NFD ____
aOD!L Y Ir-.JURY ,~N[\
PRCWER]YLMMAGl
'OM[3,N1:.D
,.',[,
DESCRIPTION or UPERATlONSLOCATiONS./VFHICLE':
proj ect:
Scavenger Waste Treatment Facility
Cancellation: Sr'lou1d any of the above descg(fed policies be canc:eiied before the e>::pI1atlon dote thereof. the Issuing com-
pany will e"deavor to mall _ days written notice to the below named certificate holder, but fatiure to
mail such notice shall Impose no obligation or liability of any kind upon the company
,-- --~._-"
I N{'ME A"-j[~ ACDRFS5 OF ClRTIF!CATF HOlliER
I
Town Board
Town of Southold
53905 Main Road
Southold, N.Y. 11971
l
I
I
I
I
I
____J
DATE ISSUf.D___.!1ay 9, 1983
w_.uI ..;;;{ / :t;;" / A )
AUTHORIZED REPReSeNT AT lYE
ACORD 25 (1.79)
HOLZMACHER, McLENDON and MURRELL, P.C. . CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
,. IlAVUS 1IOlU). MIL_La. In l114T . .1t-111-_
r ~ re-r;:; ';",' n~'r'-Rl:"J.,
. . ,. ':j .. f' -', ~
i I 0 . ....,'~t tr":f tl \,"/ t~~'J J, f' '.
\\n ~i~-; ~__;!,'! Ii
~l .i'~
_.A...._...'-~~.~,_..,.."n_. _. _" ~'_ .~";.
TO"",'.! ,"'.r: <:n . '.
.\1'01 t: ~-;I -~.'V ..<. ".J
- . '",."'.".,-,.,.~,-~>-~~,-~",,,,- - "'-',,-~,""-" ,",'
May 12, 1983
Robert W. Tasker, Esq.
425 Main Street
Greenport, New York 11944
Re: Supplemental Contract between the Town of
Southold and Holzmacher, McLendon & Murrell, P.C.
Dear Mr. Tasker:
In accordance with the instructions contained in your
letter of May 10, 1983, the above referenced contract-
has been fully executed. By copy of this letter, the
original of the contract i. forwarded to Supervisor
Pell. We return herewith one copy for your file and
have retained one copy for our office.
Very truly yours,
& MURRELL, p.e.
H. A. Dombeck, P.E.
HAD/pak
Enc.
cc: Supervisor William R. pell, III
Welville, New York . F.rmingd.... New YOltt . Rlvemead, New Yoril
\.
.
.
,
, .
THIS AGREEMENT made this Iqtl> day of Ilrr<,'L ,1983, by and
between the TOWN OF SOUTHOLD. acting on behalf of the Southold Wastewater
Disposal District, hereinafter called the "Town", with offices at 53095 Main Street,
Southold, New York and HOLZMACHER, McLENDON & MURRELL, P.C. (H2M),
with offices at 125 Baylis Road, Melville, New York, hereinafter called the
"Consultant",
WITNESSETH:
WHEREAS, the Town has, or is about to, enter into two written contracts
with H2M wherein and whereby H2M is to perform engineering services for the
Town relative to the design and construction of Scavenger Waste Treatment
Facilities, and
WHEREAS, the contract for the preparation of detailed plans and specifica-
tions for said facilities (Step II) provides in paragraph 3 thereof for the compensa-
tion plus reimbursable expenses, provided that the total compensation shall not
exceed the sum of $138,000.00. and
WHEREAS, the contract for performance of engineering services in con-
junction with the construction of said facilities (Step nI) provides in paragraph 3
thereof for the compensation to be paid to H2M on the basis of cost plus a fixed
fee of $16, 932.00, provided that such compensation shall not exceed the sum of
$130.000.00, and
WHEREAS, it is the intent of said engineering contracts that the total sum
to be paid by the Town to H2M for such services shall not exceed the sum of
$26~ 000, 00, and
.
.
.
,.
WHEREAS, it is believed by H2M that the Step II engineering cost may
actually be less than $138,000.00, and that StepIII engineering costs may actually
exceed $130,000.00, and
WHEREAS, the parties hereto believe that if the circumstances stated in
the preceding paragraph hereof should occur, that any surplus funds remaining
after the completion of Step II engineering services should be allocated to the
Step III engineering contract,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. That in the event that the actual costs of engineering services provided
by H2M in the Step II phase of the project shall be less than $138,000.00, then and
in such event, the amount by which such costs are less than $138,000,00 shall
be made available for engineering costs in the Step III phase of the project.
2. That the total cost of engineering services for the Step II and Step III
phases of the project shall not exceed the sum of $268, 000. 00, and the Town's
liability to H2M shall be limited to such amount,
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals the day and year hereinbefore set forth.
TOWN OF SOUTHOLD
- r1!f:
By M4Pk:-A':;J P.dt e:v
William R. Pell Ill, Supervisor
HOLZMACHER,
By
NDON & MURRELL. p, C.
-2-
.
.
, .
. .
.
STATE OF NEW YORK)
ss. :
COUNTY OF SUFFOLK)
On this ~ q1J. day of
/-f Pie, 'L
,
, HI83, before me personally
came WILLIAM R. PELL III. to me known, who being by me duly sworn, did
depose and say that he resides at 530 Anglers Road, Greenport, New York; that he
is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described
in and which executed the above instrument; that he knows the seal of said corpora-
tion, that the seal affixed to said instrument is such corporate seal; that it was so
affixed by order of the Town Board of said Corporation and that he signed his name
hereto by like order.
ss. :
fi~~~~
JUDITH T TERRY
N~!,~.~~", ", _ , S,~_::tc of New York
I . O. :J.,~ u...;- ,.] ", ~ ,. ',.; ',' '. __; ._1
Comm;ss;on E}:Plre;-I~i~~'Cl~3~'~-
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
On the /.2 t.l day of ~
came Harold Dombeck, to me known, who being by me duly sworn, did depose and
say that he resides at .2tJ;1;1? ~AnJ a.. .J. aJ"h..~ ~,; that
17 ' P'
he is the Vice President of Ht5LZMACHER, McLENDON & MURRELL, P.C.. the
, 1983. before me personally
corporation described in, and which executed the above instrument; that he knows
the seal of said corporation; that the seal affixed to said instrument is such corporal:
seal; that it was so affixed by order of the Board of Directors of said corppration
and that he
signed his name thereto by like order. /;~ .' ~ .
~,.u..,t!'./ Jt,._-=,I.~ .LA
PATRICIA A. KOSUBINSKY Notary Pu ic ~
NOTARY PUBLIC, State of New York
N'o. 4737817 . Suffolk County
Certificate Filed in Nassau Countypc
Commiision Expires Maren 30, 19,u
-3-
~
.
.
.
ENGINEERING SERVICES CONTRACT FOR DESIGN OF SCAVENGER WASTE
TREATMENT FACILITIES
This Agreement dated this 19 fI. day of /l-/,/f?/Z 1983, by
and between HOLZMACHER, McLENDON & MURI~LL, P.C./H2M CORP.,
'with offices at 125 Baylis Road, Melville, New York 11747,
hereinafter called the "CONSULTANT" and the TOWN BOARD, TOWN
OF SOUTHOLD, a Municipal Corporation of the State of New York,
acting in its capacity as the governing body of the Southold
Wastewater Disposal District in the Town of Southold, herein-
after called the "TOWN" with offices at Town Hall, 53905 Main
Road, Southold, New York 11971.
WIT N E SSE T H
WHEREAS, the TOWN has engaged the CONSULTANT on November
14, 1977 under an agreement with the Inc. Village of Greenport
to perform engineering services in conjunction with a 201 Study
of the Town of Southold, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection Agency
have had submitted an approvable Facility Plan for Scavenger
Waste, and
WHEREAS, the Town of Southold intends to apply for grants
in aid and/or amendments to existing grants for the services
described herein, and
WHEREAS, the Town of Southold is desirous of proceeding
with the implementation of the recommendations of the Facility
Plan and the CONSULTANT is desirous of performing the ad-
ditional services, and
NOW, THEREFORE, in consideration of the premises, it is
mutually agreed between the parties as follows:
1. The CONSULTANT shall prepare detailed plans and speci-
fications for the Scavenger Waste Treatment Facilities, as
'appr'oved by the New York State Department of Environmental Con-
serva tion in the Report ent itled, "INC.. VILLAGE OF GREENPORT
1.
.
.
.
AND TOWN OF SOUTHOLD, SECTION 201 WASTEWATER FACILITY PLAN,
C-36-ll20, SELECTED PLAN REPORT, MAY 1982, REVISED JULY 1982."
These services shall include:
a. Preparation of plans and specifications for informal
bids for soil borings. Provide nominal Contractor observation
services during borings.
b. Preparation of surveys as required, including field
topography, test hole location stakeout, property description,
computations and drafting of plan.
c. Preparation of plans and specifications for the
design of an innovative/alternative (I/A) technology scavenger
waste treatment facility to be constructed adjacent to the
Greenport Sewage Treatment Plant. project will consist of five
Contracts, namely: a) site work and landscaping; b) general
construction and mechanical work; c) heating and ventilation;
d) plumbing, and e) electrical work. Specifically, the follow-
ing sub-tasks will be performed:
(1) Design of Facility - including design, drafting
and reproduction of drawings.
(2) Specifications - including writing, typing, re-
view of typing and reproduction.
(3) Project Review - includes review meetings with
Town of Southold, village of Greenport, Suffolk County Depart-
ment of Health Services, New York State Department of Environ-
mental Conservation and United States Environmental Protection
Agency.
(4) Revisions to plans and specifications based on
comments received.
2. The CONSULTANT shall also assist the TOWN with the
following administrative requirements:
a. Providing assistance as required to the TOWN in
meeting Federal and New York State administrative requirements.
b. Preparation of A-95 application for New York State
and local clearinghouse approval.
c. Providing assistance to the TOWN to obtain Audit
and Control approval.
d. Providing assistance to the TOWN in preparation
of a municipal agreement between the TOWN and village of
Greenport.
2.
.
.
e. Preparation of a user charge system and assistance
to the Town Attorney in preparing a scavenger waste ordinance.
f. preparation of a plan of operation.
g. Preparation of the grant application, which will
include Step 3 construction costs, engineering and adminis-
trative fe~s during Step 3 and the allowance for the design
phase (Step 2).
3. The CONSULTANT shall be remunerated for the services
described in Paragraphs 1 and 2 above at hourly rates of com-
pensation, plus reimbursable expenses times 1.10. The fee of
the CONSULTANT shall not exceed the sum of One Hundred Thirty-
Eight Thousand Dollars ($138,000.) for this phase of the
project services. Hourly rates of compensation are defined as
technical payroll costs plus 1.35 times technical costs. Tech-
nical payroll costs include direct salary, fringe benefits,
pensions, disability insurance, unemployment insurance, FICA,
holidays, sick leave, vacation, health insurance, life insur-
ance and payroll taxes. Reimbursable expenses include, sub-
contractors, reproduction, transportation subsistence, postage,
express, and long distance telephone calls. Monthly payments
will be requested by the CONSULTANT on the basis of completion
of servic~s. The TOWN agrees to make timely payments to the
CONSULTANT during the progress of the ~Iork within thirty (30)
days of receipt.
4. The CONSULTANT further agrees that:
a. With respect to CONSULTANT'S performance, he shall
secure and maintain such insurance as will protect him from
claims under the Worker's Compensation Act.
The CONSULTANT will further see that any subcon-
tractors have the necessary insurance ,lith respect to claims
under the Worker's Compensation Act.
b. He shall maintain during the performance of this
Contract, the following insurances:
(1) Comprehensive Liability and Property Damage -
$500,000. per occurrence.
(2) Professional Liability - $500,000.
(3) Automobile Liability and Property Damage -
Bodily Injury $500,000./$500,000., Property Damage - $100,000.
(4) Valuable Papers - $150,000.
(5) Umbrella Comprehensive Liability - $2,000,000.
J.
.
.
5. The TOWN agrees and/or assures to perform or provide
the following:
a. Access to the Work - The TOWN and the cooperating
municipalities and agencies will provide access to and make
all provisions for the CONSULTANT to enter upon public lands
as required for the CONSULTANT to perform such work as surveys
and inspections in the development of the project.
b. Consideration of the CONSUL'rANT'S Work - The TOWN
will give thorough consideration to all reports, sketches,
estimates, drawings, specifications, proposals and other docu-
ments presented by the CONSULTANT and shall inform the CON-
SULTANT of all decisions within a reasonable time.
c. Legal Requirements - The TOWN will hold all re-
quired special meetings, serve all required public and private
notices, maintain a record of such meetings, receive and act
upon all protests and fulfill all requirements necessary in the
development of the Contracts and pay all costs incidental there-
to.
d. Contract Requirements - The TOWN will provide the
Contract Requirements, insurances, information and notices for
the Bidders to the CONSULTANT.
6. The TOWN and the CONSULTANT agree as follows:
a. Governing Law - This Contract shall be governed by
the Law of the State of New York.
b. The TOWN Representative - The TOWN representative
shall be the SUPERVISOR of the TOWN OF SOUTHOLD, who shall have
authority to transmit instructions, receive information, inter-
pret and define TOWN policies and decisions with respect to the
materials, equipment and systems pertinent to the work covered
by this Agreement.
c. Suspension of Work - The CONSULTANT shall have the
right to suspend work without prejudice, after giving the TOWN
prior notification for non-payment.
d. Ownership of Documents - All drawings, specifications
and other work product of the CONSULTANT for the Contract are
instruments of service for this Contract only and shall remain
the property of the CONSULTANT and the TOWN whether the Con-
tract is completed or not. Reuse of any of the instruments of
service by the TOWN on any other project/contract without the
written permission of the CONSULTANT shall be at the TOWN'S
risk. The TOWN agrees to defend, indemnify and hold harmless
4.
J
.
.
the CONSULTANT from all claims, damages and expenses including
attorney's fees arising out of reuse of the CONSULTANT'S instru-
ments of service by the TOWN or by others acting with the per-
mission of the TOWN, involving a modification of the original
plans and specifications of the CONSULTANT.
e. General-
(1) Neither party shall hold the other responsible
for damages or delay in performance caused by acts of God,
strikes, lockouts, accidents or other events beyond the control
of the other or the other's employees and agents.
(2) In the event any provisions of this Contract
shall be held to be invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties.
(3) The CONSULTANT has not been retained or compen-
sated to provide construction review services relating to the
Contractor's safety precautions or to means, methods, techniques,
sequences, or procedures required for the Contractor to perform
his work, but not relating to the final or completed structure;
omitted services include, but are not limited to, Shoring; scaf-
folding, underpinning, temporary retainment of excavations and
any erection methods and temporary bracing.
(4) The CONSULTANT intends to render its services
under this agreement in accordance with generally accepted pro-
fessional practices for the intended use of the project and
makes no other warranty either express or implied.
(5) Any opinion of the construction cost prepared by
the CONSULTANT represents its judgement as a design professional
and is supplied for the general guidanc:e of the TOWN. Since the
CONSULTANT has no control over the cost of labor and materials,
or over competitive bidding or market conditions, the CONSULTANT
does not guarantee the accuracy of such opinions as compared to
contr actor bids or actual cost to the cWWN.
f. Indemnity and Liability -
(l) Contractor's Insurance -- Pr ior to the commence-
ment of the work, the TOWN shall requi]~e the Contractor and any
subcontractors to submit evidence that he (they) have obtained,
for the period of the construction contract and guarantee period,
comprehensive general liability insurance coverage (including
completed operations coverage). This coverage shall provide
for bodily injury and property damage arising directly or in-
directly out of, or in connection with, the performance of the
work under the construction contract, and have a limit of not
5.
.
.
less than $1,000,000. for damages arising out of bodily injury,
sickness or death of one person and an aggregate of $3,000,000.
for damages arising out of bodily injury, sickness and death of
two or more persons in anyone occurrence. The property damage
portion will provide for a limit of not less than $500,000. for
all damages arising out of injury to or destruction of property
of others arising directly or indirectly out of or in connection
with the performance of the work under the construction contract
and in anyone occurrence including explosion, collapse and under-
ground exposures. The comprehensive general liability insurance
will include as additional named insureds: the TOWN, the CON-
SULTANT, and each of their officers, agents and employees.
(2) Indemnity - The TOWN will require any Contractor
or subcontractors performing work in connection with drawings
and specifications produced under this A.greement to hold' harm-
less, indemnify and defend, the TOWN and the CONSULTANT, their
consultants, and each of their officers, agents and employees
from any and all liability claims, losses or damage arising out
of or alleged to arise from the Contractor's (or subcontractor's)
negligence in the performance of the work described in the con-
struction contract documents, but not including liability that
may be due to the sole negligence of the TOWN, the CONSULTANT,
their consultants or their officers, age,nts and employees.
g. Authorizing Resolutions -
The TOWN herewith certifies that it is properly con-
stituted and empowered under the Laws of the State of New York
to enter into Contract with the CONSULT~,NT and has duly autho-
rized the Supervisor to enter into and execute this Contract, a
copy of the authorizing resolution, dated the 19th day of April,
1983, is attached as Exhibit A.
7. Disputes arising under this Agreement shall be resolved
by the parties utilizing "The New York Simplified Procedure for
Court Determination of Disputes," as provided in the Civil Prac-
tice Law and Rules, Section 3031, et. seg., which procedure shall
be brought in the Supreme Court, Suffolk County.
8. HOLZMACHER, McLENDON & MURRELL" P.C. is a New York Pro-
fessional Corporation doing business at 125 Baylis Road, Melville,
New York 11747.
6.
.
.
IN WITNESS WHEREOF, the parties hereto have hereunto sub-
scribed their names, affixed their respective seals, the day
and year first above written.
FOR THE TOWN BOARD
TOWN OF SOUTHOLD
(SEAL)
1l0.J.L-:-- -I;;J...;P~/~
william R. Pell, III, Supervisor
(SEAL)
CONSULTAN'I':
HOLZMACHER, McLENDON & MURRELL,
P.C./H2M CORP.
il4lL~tlu c!~
H. A. Domb ck, P.E.
Vice President
APa2t (/)
Town Att~nr
7.
.
.
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
-M
On thisol'f-day of /!/;e,'L, 1983, before me personally
came WILLIAM R. PELL, III, to me known, and known to me to be
the Supervisor of the Town of Southold, 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
Town.
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
t_~
On this.17 day of
aA~;/ <;;:, ~
t/ NOTARY PUBLIC c7
JUDITH T TERRY
NOTARY PUBLIC State of New Y k
r,:(\ I~~) 03-49 ' or
,,,. ~~.t.' ./.j . 53 Suffolk Count
Comm(!;SlOn Expires March 301~~
came HAROLD A. DOMBECK,
~, 1983, before me personally
to me known, and known to be to be
one of the officers of the firm of HOLZMACHER, McLENDON &
MURRELL, P.C./H2M CORP. described in and who executed the
foregoing instrument, and he acknowledged to me that he exe-
cuted the same as and for the act and deed of said firm.
~.;~~./.~.~
NOTARY P BLIC
PA1"RIOJA A. KOSUBJNSKY
NOTARY PUBLIC, State of New Yo,k
N?" 4737817 . SuflQlk County
Cert~hcate Filed in Nassau County
CommmsionExpires March 30l .19&
~ .
2PENDIX "A"
JUDITH T TERRY
TmVN CLFRK
Rn;lslRAR 01' VIL\L S 1\ IISHes
I'" ',.
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Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
\
WHEREAS, the Town of Southold under agreement with the
Inc. Village of Greenport has engaged Holzmacher, McLendon
& Murrell, P.C. to conduct a 201 Wastewater Facility Study
in a contract dated November 14, 1977, and
WHEREAS, pursuant to the recommendations of said 201 Waste-
water Facility Study there has been formed, pursuant to
Article 12A Town Law, State of New York, the Southold Waste-
water Disposal District in the Town of Southold, of which
the Town Board, Town of Southold is the governing body, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection
Agency have had submitted an approvable Facility Plan for
Scavenger Waste, and
WHEREAS, the Town Board is desirous of proceeding with
implementation of the report recommendations, to wit, the
engagement of engineering services for detailed plans and
specifications and other services are now required, now,
therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he
is hereby authorized and directed to execute an Engineering
SArvir.A~ A~rAAmAnt with Holzmacher. McLendon and Murrell.
STATE OF NEW YORK I
COUNTY OF SUFFOLK 55:
Office of the Clerk of the
TOWN OF SOUTH OLD
<SEAL)
This is to certify that I, Judith T, Terry, Clerk of the Town of Southold, in
the said County of Suffolk, have compared the foregoing copy of resolution
with the original resolution now on file in this office, and which wos passed
by the Town Board of the town of Southold in said County of Suffolk, on
the ..,:t,9.:tJ:l:... day of ........A.P.r.J)..............., 19,?~..., and that the same is
a correct and true transcript of such original resolution and the whole thereof,
In Witness Whereof, I have hereunto set my hand and affixed the seal
of said Town this ..,?,QtJ:l:.... day of .....Ap,F.,th....................... 19.5.~..,
Clerk of the Town Board, T~~~~~~~
i'PENDIX "A"
JUDITH T TERRY
TOWN CLFRh:
Rn;ISTRAR 01' VITAL SI\ 11\IKS
"!!f..
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Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUfHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold under agreement with the
Inc. Village of Greenport has engaged Holzmacher, McLendon
& Murrell, P.C. to conduct a 201 Wastewater Facility Study
in a contract dated November l4, 1977, and
WHEREAS, pursuant to the recommendations of said 201 Waste-
water Facility Study there has been formed, pursuant to
Article 12A Town Law, State of New York, the Southold Waste-
water Disposal District in the Town of Southold, of which
the Town Board, Town of Southold is the governing body, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection
Agency have had submitted an approvable Facility Plan for
Scavenger Waste, and
WHEREAS, the Town Board is desirous of proceeding with
implementation of the report recommendations, to wit, the
engagement of engineering services for detailed plans and
specifications and other services are now required, now,
therefore, be it
RESOLVED that Supervisor William R. pell, III be and he
is hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon and Murrell,
P.C./H2M Corp. for preparation of plans and specifications
and other services for said scavenger waste facility, and
be it further
RESOLVED that said agreement shall be subject to the follow-
ing:
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and H2M.
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ENGINEERING SERVICES AGREEMENT WITH HOLZMACHER, McLENDON &
MURRELL, P.C./H2M CORP. FOR CONSTRUCTION SERVICES FOR THE
SCAVENGER WASTE TREATMENT FACILITY.
This Agreement, dated this /tj+b day of Jl-1:JJe/~
1983, by and between HOLZMACHER, McLENDON & MURRELL, P.C./
H2M CORP., with offices at 125 Baylis Road, Melville, New
York 11747, hereinafter called the "CONSUL'rANT" and the TOWN
BOARD, TOWN OF SOUTHOLD, a Municipal Corporation of the State
of New York, hereinafter called the "TOWN", acting in its
capacity as the governing body of the Southold Wastewater
Disposal District of the Town of Southold, with offices at
53905 Main Road, Southold, New York 11971.
WIT N E SSE T H
. WHEREAS, the TOWN has engaged the CONSULTANT on '
~If/'.L /9 ' 1983 to provide engineering services
in con unction with design and preparation of plans and
specifications for a Scavenger Waste Treatment Plant, and
WHEQEAS, plans for the construction of said facilities
will be submitted to the New York State Department of En-
vironmental Conservation, and
WHEREAS, the Town of Southold will apply for grants in
aid and/or amendments to existing grants for the services
described herein, and
WHEREAS, the Town of Southold is desirous of proceeding
with the construction of the Scavenger Waste Treatment Fa-
cility and the CONSULTANT is desirous of performing the ad-
ditional services,
NOW, THEREFORE, in consideration of the premises, it is
mutually agreed between the parties as follows:
1. The CONSULTANT shall assist the TOWN during the con-
struction of the Scavenger Waste Treatment Facilities, as
approved by the New York State Department of Environmental
Conservation. These services shall include:
a. Provide assistance in securing bids.
b. Tabulate and analyze bids and submit recommendations.
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c. Provide consultation and advice to the Town during
construction.
d. Check construction, shop and erection drawings sub-
mitted by contractors.
e. Review laboratory, shop and mill test reports of
materials and equipment.
f. Hold job progress meetings with contractors and
Town pe r sonne 1.
g. Prepare partial and final payment requests.
n. Make final inspection and report of completed
work with Town or its representatives.
i. Provide field engineering services during con-
struction.
j. Assist the Town in securing Federal and State Aid
and meeting administrative requirements.
k. Observe initial operation and equipment performance
tests.
1. Assist in plant startup and training of operators.
m. prepare payment requests and supporting documents
for Federal and State reimbursement.
. n. Prepare an Operation and Maintenance Manual and
up-date same for a period of one year alfter operation of
the plant begins.
2. The TOWN agrees that:
a. The CONSULTANT shall be remunerated for the services
described in paragraph 1 above on the basis of cost plus a
fixed fee of $16,932. This is estimatE!d on the attached USEPA
Form 5700-41, dated January 7, 1983, attached as Appendix "A".
The total fee of the CONSULTANT shall not exceed the sum of
$130,000.
b. Both the fixed fee and maximum fee shall be indexed
and adjusted to the united States Department of Commerce, July
1983 Consumer Price Index for Urban Wage Earners and Clerical
Workers, CPI-W, New York, N.Y.-Northeastern New Jersey. Further
adjustments of the fixed fee and maximum fee shall not be made
without written modification of this agreement. Notwithstanding
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the foregoing, the total fee of the CONSULTANT shall not
excef!O $130,000.
c. The CONSULTANT shall submit vouchers monthly dur-
ing the progress of the construction period and the TOWN
agrees to make timely payment to the CONSULTANT within
thirty (30) day of receipt.
3. The CONSULTANT further agrees that:
a. With respect to CONSUUrANT's performance, he
shall secure and maintain such insurance as will protect
him from claims under the Worker's Compensation Act.
The CONSULTANT will further see that any sub-
contractors have the necessary insurance with respect to
claims under the worker's Compensation ~ct.
b. He shall maintain during the performance of
this contract the following insurances:
(1) Comprehensive Liabilit.y and Property Damage,
$500,000. per occurrence.
(2) professional Liability, $500,000.
(3) Automobile Liability and property Damage,
Bodily Injury $500,000./$400,000., Property Damage $100,000.
(4) Valuable Papers, $150,000.
(5) Umbrella Comprehensive Liability, $2,000,000.
c. He shall act as the TOWN's representative with
duties and responsibilities and limitations of authority
as described in the General Conditions to the Construction
Contract. The TOWN shall not modify the Construction Con-
tract Documents without the written ,:onsent of the CON-
SULTANT.
d. He shall advise and consult with the TOWN during
the Construction phase and the CONSULTANT shall issue the
TOWN's authorized instructions to th'2 Contractor.
e. He shall review the Contractor's request for
progressive payments, and based upon said field engineering
services, advise the TOWN as to the CONSULTANT's opinion
of the extent of the work completed in accordance with the
terms of the Construction Contract as of the date of the
Contractor's Payment Request and issue, for processing by
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the TOWN, a payment Request in the amount owed the Con-
tractor. The issuing of the Payment Request by the CON-
SULTANT shall not represent that he has made any investi-
gation to determine the uses made by the Contractor of
sums paid to the Contractor.
f. He shall make recommendations to the TOWN on all
claims by the Contractor(s) relating to the execution and
progress of the construction work.
g. He shall notify the TOWN of permanent work which
does not conform to the result required in the Construction
tontract. prepare a written report describing any apparent
non-conforming permanent work and make recommendations to the
TOWN for its correction and, at the request of the TOWN, have
recommendations implemented by the Cont,ractor.
h. He shall review shop drawings, samples, and other
submittals of the Contractor only for general conformance to
the design concept of the project and for general compliance
wi th the Construction Contract. The CONSULTANT shall advise
the TOWN in writing of submittals which are in dispute between
the CONSULTANT and Contractor(s).
i. The CONSULTANT shall prepare and present requests
for change orders to the TOWN, through the Supervisor's Office.
No work covered by any change order shall be acted upon or
omi tted, as the case may be, unt il such change order is en-
dorsed by the Supervisor of the Town of Southold.
j. Conduct a construction progress review related to
the ,Contractor's date of completion; [E~cei ve wr i tten guarantees
and related data assembled by the Contractor; and issue to the
TOWN a Final Payment Request.
4. The TOWN agrees and/or assures to perform or provide
the following:
a. Access to the Work - The TOWN and the cooperating
municipalities and agencies will provide access to and make
all provisions for the CONSULTANT to enter upon public lands
as required for the CONSULTANT to perform such work as surveys
and inspections in the development of the project.
b. Consideration of the CONSUL'rANT's Work - The TOWN
will give thorough consideration to all reports, sketches,
estimates, drawings, specifications, proposals and other docu-
ments presented by the CONSULTANT and shall inform the CON-
SULTANT of all decisions within a reasonable time.
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c. Legal Requirements - The TOWN will hold all re-
quired special meetings, serve all required public and private
. notices, maintain a record of such meetings, receive and act
upon all protests and fulfill all requirements necessary in
th~ development of the Contracts and pay all costs incidental
thereto.
5. The TOWN and the CONSULTANT agree as follows:
a. Governing Law - This Contract shall be governed by
the Law of the State of New York.
Disputes arising under this Agreement shall be re-
solved by the parties utilizing "The Ne'.. York Simplified Pro-
cedure for Court Determination of Disputes," as provided in
the Civil Practice Law and Rules, Sec. 3031, et. seq., which
procedure shall be brought in the Supreme Court, Suffolk County.
b. The TOWN Representative - Th,a TOWN representative
shall be the SUPERVISOR of the TOWN OF SOUTHOLD, who sh'all have
authority to transmit instructions, receive information, inter-
pret and define TOWN policies and decisions with respect to the
ma ter ials, equipment and systems pertin,ant to the work covered
by this Agreement.
c. The CONSULTANT shall not be responsible for the de-
fects or omissions in the work result of the Contractors, or
any Subcontractors, or any of the Contractor's or Subcontractor's
employees, or that of any other persons or entities responsible
for performing any of the work result as contained in the Con-
struction Contract.
d. Suspension of Work - The CONSULTANT shall have the
right to suspend work without prejudice, after giving the TOWN
prior notification for non-payment.
e. Neither party shall hold the other responsible for
damages or delay in performance caused by acts of God, strikes,
lockouts, accidents or other events beyond the control of the
other or the other's employees and agents.
f. In the event any provisions of this Contract shall
be held to be invalid and unenforceable, the remaining pro-
visions shall be valid and binding upon the parties.
g. The CONSULTANT has not been retained or compensated
to provide construction review services relating to the Con-
tractor's safety precautions or to means, methods, techniques,
sequences, or procedures required for the Contractor to perform
his work, but not relating to the final or completed structure;
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omitted services include, but are not limited to, shoring; scaf-
folding, underpinning, temporary retainment of excavations and
any erection methods and temporary bracing.
h. The CONSULTANT intends to render its services under
this Agreement in accordance with generally accepted professional
oractices for the intended use of the project and makes no other
~arranty either express or implied.
i. Indemnity and Liability -
(1) Contractor's Insurance - Prior to the commence-
ment of. the work, the TOWN shall require the Contractor and
any subcontractors to submit evidence that he (they) has ob-
tained for the period of the construction contract and guaran-
tee period, comprehensive general liability insurance coverage
(including completed operations coverage). This coverage shall
provide for bodily injury and property damage arising directly
or indirectly out of, or in connection with, the performance of
,the work under the construction contract, and have a limit of
not less than $1,000,000. for damages arising out of bodily
injury, sickness or death of one person and an aggregate of
$3,000,000. for damages arising out of bodily injury, sickness
and death of two or more persons in anyone occurrence. The
property damage portion will provide for a limit of not less
than $500,000. for all damages arising out of injury to or
destruction of property of others arising directly or indirectly
out of or in connection with the performance of the work under
the construction contract and in anyone occurrence including
explosion, collapse and underground exposures. The compre-
hensive general liability insurance will include as additional
named insureds: The TOWN, the CONSULTANT, and each of its
officers, agents and employees.
(2) Contractor's Builder's Risk "All Risk" Insurance -
Before commencement of the work, the TOWN will require that the
Contractor and any Subcontractors submit written evidence that
he (they) has obtained for the period of the Construction Con-
tract, Builder's Risk "All Risk" Completed Value Insurance
Coverage (including earthquake and flood) upon the entire Project
which is the subject of the Construction Contract. Such insurance
shall include as additional named insured: the TOWN; the CON-
SULTANT; and each of its officers, agents, employees and any
other persons with an insurable interest, as may be designated by
the CONSULTANT.
(3) Indemnity - The TOWN will require any Contractors
or Subcontractors performing work in connection with drawings
and specifications to hold harmless, indemnify and defend, the
TOWN and the CONSULTANT, its consultants, and each of its offi-
cers, agents and employees from any and all liability claims,
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losses or damage arising out of or alleged to arise from the
Contractor's (or Subcontractor's) negligence in the performance
of the work described in the construction contract documents,
but not including liability that may be due to the sole negli-
gence of the TOWN, the CONSULTANT, its consultants or its offi-
cers, agents and employees.
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Resident Construction Review Services
to assist
sentation
(1) The CONSULTANT shall provide one Field Engineer
the TOWN in order to render more extensive repre-
at the Project site during the Construction Phase.
(2) By means of the more extensive on-site obser-
vations of the work in progress, the CONSULTANT will endeavor
to provide further protection for the TOWN against defects
and deficiencies in the Contractor's work, but the furnishing
of such services shall not include construction review bf the
Contractor's construction means, methods, techniques, sequences
or procedures, or of any safety precautions and programs in
connection with the work, and the CONSUI,TANT shall not be re-
sponsible for the Contractor's failure to execute the work in
accordance with the Construction Contract, except such liability
that may be due to the sole negligence of the CONSULTANT, or
its officers, agents and employees.
k. Limitations of Authority, Duties and Responsibilities
of the Project Representative -
(1) The Project Representative shall act under the
direct supervision of the CONSULTANT, shall be the CONSULTANT's
agent in all matters relating to on-site construction review
of the Contractor's work, shall communicate only with the CON-
SULTANT and the Contractor (or Contractors), and shall cornmuni-
c~te with subcontractors only through the Contractor or his
authorized superintendent. The TOWN shall communicate with
the Project Representative only through the CONSULTANT.
(2) The project Representative shall review and
observe on-site construction activities of the Contractor re-
lating to portions of the Project designed and specified by the
CONSULTANT as contained in the Construction Contract Documents.
(3) Specifically omitted from the Representative's
duties are any review of the Contractor's safety precautions,
or the means, methods, sequences, or procedures required
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for the Contractor to perform the work but not relating to
the final or completed Project. Omitted design or review
services include, but are not limited to, shoring, scaf-
folding, underpinning, temporary retainment of excavations
and any erection methods and temporary bracing.
(4) The project Representative shall maintain a
log of the field activities.
6. This modification shall be subject to the issuance
of a grant and/or amendment for Step 3 Construction/Construc-
tion Services by the New York State Department of Environmental
Conservation and united States Environmental Protection Agency,
before it shall be effective.
7. USEPA Requirements:
The CONSULTANT and all subcontra.;tors agree to in-
corporate the USEPA "Required Provisions, Consulting Engi-
neering Agreements" (40 CFR 35E Appendix C-l), dated Septem-
ber 27, 1978, as Appendix "B" to this A9reement.
Inasmuch as the CONSULTANT's professional liability
insurance is inapplicable where remedies are by binding
arbitration, the parties herewith agree that the provisions
of USEP~ Appendix C-l, Par. 6, REMEDIES, shall be resolved
in a court of competent jurisdiction of the State of New
York.
8. Authorizing Resolutions:
The TOWN herewith certifies that it is properly con-
stituted and empowered under the Laws of the State of New
York to enter into Contract with the CONSULTANT and has
duly authorized the SUPERVISOR to enter into and execute
this Contract, a copy of the authorizing resolution, dated
the 19th day of April, 1983, is attached as Appendix "Co.
9. HOLZMACHER, McLENDON & MURRELL, P.C. is a New York
Professional Corporation doing business at 125 Baylis Road,
Melville, New York 11747.
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I IN WITNESS WHEREOF, the parties hereto have hereunto
subscribed their names, affixed their respective seals, the
! day and year first above written.
(SEAL)
(SEAL)
APPROVED: , ~
~U/.~
Town Attorney
FOR THE TOlrffl BOARD
TOWN OF SOUTHOLD
/'J..J ~j h... ..:. ,.lJ ..;J...dJ,$f
William R. pell, III, Supervisor
CONSULTANT:
HOLZMACHER, McLENDON & MURRELL,
P.C./H2M CORP.
/ffll/1tlt~(;~
H. A. Domb,eck, P.E.
Vice President
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STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On thisc?f:1jay of /f/I'f!/'L
, 1983, before me person-
ally came WILLIAM R. PELL, III, to me known, and known to me to be
the Supervisor of the Town of Southold, described in and who exe-
cuted the foregoing instrument, and he acknowledged to me that
he executed the same as and for the act and deed of said Town.
~d 2~7=
NOTARY PUBLIC
. "~".;,..~".
JUDITH T TERRY ~ .
NOTARY PUi3LJC, St.J:-e :)f New Yo k.
f,IO l"'~ 'y,' "'1"'" ' r
. , ,-,~--I_',h'<.)..l SU:Ic'lk Count
Conmilss;on [i;p1res March 30~-
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On this :17tJ day of ~
, 1983, before me person-
ally came HAROLD A. DOMBECK, to me known, and known to me to be
one of the officers of the firm of Holzmacher, McLendon & Murrell,
P.C./H2M Corp., described in and who executed the foregoing in-
strument, and he acknowledged to me that he executed the same
as and for the act and deed of said firm.
~;~" d. ~.c....~
NOTARY P BLIC
10.
PATIlI~IA A. KOSU~INSKY
NOTARY F'UBlIC, State 01 New York
N?". 4737817 . Suffolk County
Cert~flc:.ate Filed in Nassau County
8ommls:ston Expirn March 30~ 19-Af:~
con OR P~ICI~,S.U~~~:I~J:J~r~:t'~":'I"'n~~~~~~,~~~,~~;~,~U~?;I~r~j5, EPA Cen
F onn A Hl'rm'l'd
()MB No, 15S-Ii/Jl~~
PART I.GENERAL
:!. GRANT NUMBER
,. GRj~NTEE
Town of Southold
3. "AME OF CONTRACTOR OR SUBCONTRACTOR
HOLZMACHER McLENDON & MURRELL P.
S. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Inct.,.,. ZIP code)
l25 Baylis Road, Suite l40
Melville, New York 11747
'1. DATIE OF PROPOSAL
6. TyPE OF SEfWfC:E TOBE FUR ISHED
STEP 3 ENGINEERING SERVICES
d. OTHER (Spec",. ee'..,,''')
P ART II. COST SUMMARY
7. DIRECT LABOR (SpecHy 'ebor c.,."or'u)
ESTI-
MATED
HOURS
HOURL Y ESTIMATED
RATE COST
Job Meetinqs, Shop Drawin s
Start-up Services c.uProblem
Resolution Construction Observ
$
$
T
OIRECT LABOR TOTAL,
e. INDIRECT COSTS (Specify indIrect coa, poole)
Overhea
INOIRECT COSTS TOTAL,
9. OTHER DIRECT COSTS
ii" TRAVEL
(1) TFlANSPORTATION
(2) PE. D"M(Printin
$
$ 3
b., EQUIPMENT, MATERIAL.S, SUPPLIES ($peclfl' cat.,M''')
QTY
COST
ESTIMATED
COST
$
$
EQUIPMENT SUBTOTAL,
<:. SUBCONTRACTS
ESTIMATED
COST
$
SUBCONTRACTS SUBTOTAL,
OTHER SUBTOTAL, I
e.' OTHER ['IIRECT COSTS TOTAL: .
to. TOTAL EST1MATEt!' COST
11. PROFIT
,~:. TOTAL PRICE
E P.," F.,", 5700.41 (2.76)
PAGE 1 OF 5
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PART III eHICE SUMMARY
'],
COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES. PRIOR QUOTES
(lndie.,e b..i. 101 plice comp.rhon)
MARKET
PRICEISI
U.CONT.....CTOR
~4.. HAS A FEDERAL AGENCY OR A FEOEFtALLY CERTIFIED STATE 0" LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY O,!HER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS?
lXl YEI 0 NO (11 ..y.... "ye na.... addr... and ,.'.phone numb.' 01 ,ayl.,..Jn, olllee)
DCAA, Garden City, New York
(516)
741-8000
14b. THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
40 CFR .30-700
'4co
This proposal i~ submitt.ed for u~e in connection with and in response to (1) Step III Services-
Southold Scavenqer Waste Plant ' This is to certify to the best of my knowledge
and belief that th~ cost and pricing data summarized herein are complete. cu:-rent, and accurate as of
(~), 1/7/83 and that a financial management capability exists to fully and accu-
rately account forlhe financialllransactions under this project. I further certify that I understand that the
subagreement price may be subject to downward renegotiation and/or rec1:)upment where the above cost anu
pricing data have been determined, af; a result of audit, not t;?:have be I;Plete,current and accurate as
of the date above, - /
(3) , \ 1/7/83 ;;; ! .'((!it{~
SIGNATURE OF PROposER
OATE OF EXE:.CUTION
H. A.
Vice
Dombeck, P.E.
President
TITLE 0,. PROPOSER
14. GRANTEE REVIEWER
1 certify that 1 have reviewed the cost/price summary set forth herein and the proposed costs/price appear
acceptable for 3ub;tgreement award, '-
I).iJ ..dA.-~ ~ ...P p.t J'I-.
SIGNATURE OF ..EVIEYi'ER
all('/1- ~~ /~~,-"3
, OATE OF EXECU ION
Snpervi ~or, Tnt.dn('"f C:rll1+-hl"\) A
TITLE Of'" JtEVIEWER
t6. EPA REVIEWER (II applicable)
51GN...TURE OF REVIEWER
OATE OF EXECUTION
TITLE 01 REVIEWER
PAGE Z O~. 5
E PA F otm 5700-.1 (2.76)
TASKS
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2
3
4
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EXHIBIT I
TASKS
DESCRIPTION
Attend job meetings, participate in resolving
contractor problems, prepare payment requests -
certificates and invoices for the various
contractors and perform other minor miscellaneous
duties during construction.
Provide start-up services after construction
is completed including: directing the operation
of the project, revising the 0 & M manual to
reflect actual operating experience, personnel
training, and evaluation of project performance
standards.
Prepare Operation & Maintenance (0 & M) Manual
for Southold Scavenger Waste Treatment Plant
personnel.
Provide resident hourly inspection during
construction. Estimate based on 40 hour work
week - 12 month construction period.
Field Engineer to review shop drawings for
conformance with plans and specifications.
See next page for hour by task breakdown.
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EXHIBIT I (continued)
HOUR/TASK BREAKDOWN
AVG.
L,'\BOR TASKS TOTA]~ HOURLY TOTAL
CATEGORY 1 2 3 4 HOURS RATE ($) COST ($)
prin. Engr. 16 8 24 28.00 672
Proj. Manager 40 24 24 88 20.25 1,782
Proj. Engineer 320 80 60 460 15.75 7,245
Field Engineer 2000 2000 14 .00 28,000
Staff Engineer 200 200 14 .00 2,800
Tech. Typist 64 64 8.25 528
Typist 32 16 48 6.75 324
Repro. Personnel 32 32 5.75 184
Sub-Total $ 41,535.
Indirect Costs $ 68,533.
Expenses $ 3,000.
Fixed Fee $ l6,932.
TOTAL COSTS $130,000.
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APPENDIX "B"
REQUIRED PROVISIONS
CONSULTING ENGINEERING AGREEMENTS
40 CFR 35E APPENDIX C-l
SEPTEMBER 27, 1978
~
'ftlf,ALnw. "lOt..
U. NO '__"OHlID"".
""u...,..._. 1911
lUllS AND IIGUUTIONS
ArI'...anl: C-I-I\8IIOJ'" PltO~UIOJl'-
COJl.Vl.nJIC bGUlDlUJlG AOIlDIIJDfTI
\, o.n....
1. RnponIIbl1tt, or the Dlclnf'f'r
J. 8cope of Won
t.Ch~
S. T~nnlnaUo"
I, ""medleo
,. Pa:rment
.. Projec\ Oal~
t. Audit;. A~ La Rec:ordI
10. Pr1ee Rectuetlan fOl' De(ectlft Cost. or
Pr1clnlr Data
II. Subcontracta
U. Labor St.andal'dll
13. Equal Emplorment. Opportunu.,
14. UtUIzaUon 01 Sma1J or Ninont, Owl-
...
IS. CownuL Aa'a.1nat ConLln.enl Feu
it. OratulLlcs
t1.Patcn'"
I'. Cop,r1chU U'ld RI.htAln Data
I. CD'nAL
(al The owner and the enclnr-er "ern that
the followtnc prow...o.... &ppl, to tbe EPA
IIfVlHIII(1ble work to be pe:rforrne-d under
thla ...,-pement &nd that Juch provtalol\l .U,
perxck 1U'11 eonOlc:Unl provtslona of lhla
qrffment..
fb) Ttv work undu lhla -..r~lDent UI
funded tn part br a rnnt from the U.S. En-
vlronmenLal Prot~t1on A.rno. Nelthf'r the
United Stata nor the U.S. Ern1.ronmentaJ
Protf'C'tlon Alene, (hereinafter. '"EPA'O)" &
p&tt, to this a<<rf'emfmt. Thts &CT~ment
which coven rrant.ell.lble WO~ II subj~t
to ~rulatloN ('Ont.&lned In 40 CFR 3~.g3',
3'.131, and 35,93' In ,ftf'('t on tht date of
uecutlon of tht. a~mr.nt. ~ W1f'd In
thtff c:IaUX'S. t.he wor<b ..the dAt.e of Ut('\l.
tlon ot t.hill qnoemrnt'. mean th~ date of
u~ut:on (\f thtl "ITrf"mf'nt And any ~ub5e.
Quent modtnn.Uon of the lr.tnUI. romJ)f"ns&.
tlon or SC':l'IPf' ot servlc..s p.-rtlnf'nt to unpt:r.
fonnecl wor..
(el The owner', rll(hll and ,,,mf"dJf"s pro-
vided In these c:Ia~ Me In addition to Uly
other rtlh'- and remtd.if"' provld('d b, law
or thlaAlITftmf'nt..
S. a..a.ro",nIUTY 0' TIn: UCIJU;U
fa) Theenl(tnt"f'f ~haJl bf' 1"f'!lJ)("n.siblf" tor
thf' proft'Slllonal Quality. tN"hnkal Ai('t"urvy.
IImel, l"Omplf'tlon. and ,tI.. coorrllnallon of
all d"llI\I. drawlnc.. !lPf't'ltlrItotioN. ""POrta.
And orher W'M'kft ftlmbht"d by tht tn<<t-
nffr undrr tht. AlTf'f'mf'nt. The tn<<'inf'..r
.hall. without addlt.lonal rompl"naaUon. ror.
rf'Ct or r..viM' any ..non;, oml...."loNl. or other
df'fldent'IN In hll df'aI(1\l, drawln'5. 'pf'dtl.
nllons. ",porta, and oth..r fW"n1res.
(bl Tht ..nllner, shall Pf'rfonn !'ouch pro-
f"MlonaJ M"f'Yk'et ... ma, bf' n"N"~ary to ac.
('ompllAh the work requl~ 10 bfo Pf'rfonnf'd
undfor t.h" &CT'Hmrnl. in .reordlUlC"t with
t.hl. ...".,.mMI and appllc::Abl.. EP.\ noqul.n--
m..nLl in effect. on lbe dal.f' of Ul"("ullon of
thll NTHmenL
Ie) Thr owner', or EPA', approvllll of
dra"inas. df'SttlN. 'Pf"('lflullona. r..por.....
and lMidrt'nt.aJ f'nl1n"f'rtnl wor'l or malf'rl.
&Is fumil:hf"d hrreundf'r ~h.n not In 1Ul)'
way rt'lIf'Vf' thf' f'nll1nM'r of ",~ponsiblhly
for th~ t<<J\nk:&l lWf'Qu....y uf h'- ..mil., N,".
ther thf' (7W'tI..r.. nor EP.",'. r"~If'_. .ppro......1
or areept.uM"Jf' (1(. nor p..yfTW'n1 for, Uly (It
lhf' 'W'tylC'\"$ shall br' rOnAlru..d t'" np.ofalf' IUI
a ....,Ilh-rr of 1Vl)' rhthl.~ ,n,,1..r I hl:< "i/r....m\.nl
or of an, caU.M 01 IW:Uon u1Itnl out of the
Pf'rlormlU1C'e of thll &6f~menL
ld) The enl\neer Ilh&.ll be and .haJl ~l'Datn
liable, In AttOrdaM'll~ wlt.h applicable r.., for
&II dam....ft to the 'tlwner or EPA cauaed by
t.he en..lnHt', ne-Iu,lenl. performance of &IU'
of I.h~ .len-lea fun,lahed under lb. acne-
men'" u.~pl fot erTOn. omlMlona or ot.her
defkleoc:leI \0 lbe n&.enl. aUzlbutable \0 lbe
owner. owner.funulhed data or ani UUrd
part,. The enllnee., Ih&ll no& be respooalble
for an, Ume Mia)', in the project cauaed by
drcumat&noM be')'o,nd the enl1neeu'. COG'
trol Where lnnovlLUn proceua or c..c:.b.
nlquflI (.tee to CPR 3I.VO') are reeoauneDd.
eel by the encmeer and. are UHd. \he e~.
neer .hall be Uabl<< 001, for cro-I nellllenee
to !.he nt.ent 01 ,uch UN.
J, ICOf"I or woo
The servtoes to bl! performed b, the end.
neer man include ..... 1IeJ"Yk:a, N'QWted \0
complete! the t.uk or SteP In accorda.nce
with "Pol able EllA I"f'I"ulaUOIM (to CFR
Part n, Subpart E In effect. on the datoe 01
uecutlon of lh. a~ment.) to the utent
of the 1C0pe of "'01'11 III defined and Nl oul
tn the enaineer1ntr lervk::a aueemeDl to
which theM proVlaI,tlN Il"'e alt.ached.
., CKAJloa
<<.J 1be owner mll1. at ut, limt. b, wril.
ten order. mue chU\Cft .....thln the ...neraJ
.cope 01 t.hls acr'!'l!1llr:nt In t.he _n1CeI or
work to be performed. If tud'l chanaes caUM
an lnere.. or df'l:reue tn the enctDeoer',
co.t of. or lime ftCI'lW'ed tor. perfOnDUlC't ot
an)' Hrvl('tll unde, thll acreement. whetber
or not chr.naeel b, anr order, U1 equitable
adjustmr.nl shalJ be made and thl.l an-ee-
menl shall be modified la wrtttnl KQOrdlnl"
1)', The enctneer "'USl UHrt U\7 claim for
adJustment under thla (tau. 10 wnllN
within 30 da~ h'o~m the date 01 recoelpt b,
the enelneer of the noUftealloD of eh~,
unl". the ownrr ,rantl a further pertod 01
lime bf'ofore Ihe dal~ of fin'" P'A)"lIM'nt undf'!r
thll a<<r<<mrnL
I b) No aemceI tor which M. adcUU<<t&l
compe:naaUon .IU be charl'ed b, u'e .~.
nfOer .hall be fuml!lhed without th. wt1ttcn
authortzaUon ot the owner.
Ie) In the r'lent that tbere 11 a modUlca-
lion of EPA reQulremen'- ~r.1I1'\1 to the
~f'rvlcf"S to bf'o perl'ormed under thll acTf'f:-
m..nt A.ller the dlLte of uecuUon of thll
a..rt'..ment, the tn<~reUf'd or df'C'rt'Uf'd COAt
01 Pf'rform.nce of the ,tervlcet provldf'CI for
in th~ acrerment .hall be rf'Orcted In an
approprt&Le modUleaUon ot t.hla acTf'ef'Dent.
t. n:JtIl1"ATTOIt
fl.' €Ilhrr party 1%l.aJ t.ennln&te lht. alft'P.
ment., In .hol~ or In put, In wrlUnI. U t.he
other plU1., substalfttlaJlI faU. to 'l,IltW ILl
nblluUtln.1 under thll ~men( Ihrouch
no fAult of the t..rmlnatln. PlLrt,_ Ho..ner,
no ~t1rh l..nnlnaUiOn ma, be dff"Clf'd unlf'M
the ulher part,.. lrlvrn (U not l~ than ten
(10) c&lend&r day, written notice (delivered
by c.-erUlled mall. return r..~lpt requuUd)
cllntrnt Lo termll1~u and (2) An op~l.
ly for conauJlalhl'" .tUa th. knnlnatlnl
pllLrt)' bt'fore Lf'nnllnaUon.
I bl The ownrr 01&Y terminate Uti.. acTM'-
m..nL tn whole or tn put. In wrlUnc. lor III
ronv..nlf'nof'. If th,e t.tonnlnatlon ill lor ..000
rau.."" l.uch .. for le.al or IInanclaJ rUMOlU,
majOl' chatUl_ In Lhe _or1l. or pr~am reo
Quirf'mf'n..... InlUaUun of .. nr_ Itt'pl ~ Lhe
f'ntll:lnt'f'r is 1I1\.'rn' II not I("M lhan ten 1101
('"lrn,lar d.a.)'!l _rIU..n noUct' ,df'IlIlUt'd by
"
,.
centfled ma.lI. return recelpC. requat.ed) 01
lnwnt to terminate. and (21 an. opoortunlt,
for coNlulLaUon ..Uh the t.ermlnatlnl part,
before t.ermln'Uon.
Ce) If the owner termlnatel for default.. an
eQuitable adJUltment In the prIcI provlcSecl
lor In thll aareement .h&11 be made. but C 1 J
no unount .hall be allowed for UlUclpat.ecJ
profit on unperformed eerYk:el or other
waR. and (2) an, p&J'ID.nl dUe to lb. .net.
~r at the tlme of t.ermlnaUOD ma, be ad.
Ju.ned to the ut.ent of ant IIdcIIUonal t::lOIU
the owner lncW'a becaUle of the endnee,',
ckfauJt. 11 the .nttneer termlnatel for de--
'..uu. or U the owner t.enntnat.el lor connn-
lence. tbe equitable a4,Ju.t.mmt .haD in.
clude . reuonable profit. for eervtcel or
other work performed. 111. equitable ad.
J\Utment tOf U\J' t.ermlnaUon .hall proYlde
for payment to the .n.meer tor KrYkeI
rt'ndered U\d expenMI &ncurred before the
t.ennlnaUon. In &dd1t.1on to termlnaUon lei--
tlement co.tI the enctneer reuonabl,
lnc\ln relAllna to commltmetlt.l "hk:h had
becDnie' rtnll before the termlnaUon.
(dl Upon receipt at . tennlnaUon action
under panIl"Iophl ea) or Cb) abo-n. the end.
neer .hall <<1) Df'OI'IlptJ, dllconUnue .n leI'
vtces .Ueet.ed cunlai the notice cl1rect1 oth-
erwt.eJ, and (,) dellyer or otherw_ make
anUable to the owner &ll data. drawlnp.
.pecltlcaUON, reportl. est.tmata.., .um.rD&I'.
lese Uld .uc:h other tnlorm.Uon -.net matert.
w u the' enatneer maJ h....e accumulated
In performlna thll acTeement. .hether com.
pleted or In procnL
Ie) Upon tennlnaUon under p.,."...phl
(a) or (b) ..bon, the owner m.., t.&ke over
t.he .ork and proeecute the aame to comple.
llon b, acreement. with anot.her part, or
othenrIM. All, work t.he owner tates over
for completion wW be completed at t.he
owner'. NIr.. and the owner will hold hann.
Ie. the endneer from all clalma and dam.
..iU.n.ln. out ot lmpro~r UIe ot t.he en...
neer', work.
(f) It, &Iter termlnatlon tor failure oft.he
~n~neer to fulrW contl'Ct.ual obll,aUonl, It
ta detennlned that the enrtneer had not. 10
faJled. t.he termination ,hall be deemed to
han been etfeet.ed for t.he eonYfnlence of
t.he owner. In tuch event. adjustment. of the
prtce provided for In t.hll qreement. ,haJl be
made u p~h (c. of thll clau.te pro-
videa.
..~(-
beept u thll &lTeement othf'rwUe pr&
vides. &11 el..lmI. counter-clallN, d18put.el,
and other m..tten In QUelUon between the
owner and the eruineer &I18ln, out. of or re-
laUn, to th18 acreement. or the breach of It
.nil be dee'ded b, arbitration It t.he partle1
hereto mutuall, &Cree, or in a court of com.
petent JurUdJctlon wlt.hln the State In
which the owner" located.
,. ,A'I'IIU"I'
(a) hyment. .haJJ be made tn accordance
with t.be payment .c:hedule incorporated In
th18 &CTeement .. ~n ... practicable upon
.ubml8llon of .taLement.8 reQueltln. pay.
ment. b, the enatneer to t.he owner. If no
.uch payment IChedule Ia Incorpont.ed In
t.h18 foC1"t!'ement, the payment provlliloM of
panlT'&ph (b) or thll clauee .hall appl,.
(b) The enrtneoer m"" requelt monthl,
p~ paymenta and the owner ,hlLll
maJr.e 'hem'" lOOn ... practicable upon AUb-
mlMlon of .tat.ementl reque.tln, paym~nt.
b)' the enctneoer to the O'fiTl"r. Whr.n Aueh
pro..reu paymentl are m.de. the owner m.y
.
IUUS AND IEOULAnONS
withhold up to ten c 10) percent of the YOU'
chered a.maunt unUI ...tltfactol'J' completion
b, the endneer of work and xrvtces wtt.hln
. .tep (:a11ed for under t.hlt acreemmL
When t.he O'Imtr dfokrmlnet t.hat. t.he work
under thw acrerment or any .pecUled lUll
hereunder .. .ublt.&ntlall, complete and
that. t.he UDOWIt. of retained percent....~ 18
In ncew of the amount col'\lldefl"d b, hlm
to be a.lIequa&e for h18 protection, he .haJJ.
rcleue to the endnee-r .uch nCHI amounL
fc) "'0 paJmft\t requnt. made under p....-
IT'&ph (.J or fbJ of thlli cI.u.e .haJl exceed
t.he ..tlmated: amount. and vaJue of t.he work
and .erYtcft performed b, t.he enclneer
unckr thlt ICITtment.. The endnl"er .hall
prepare the nttm..... of work performed
and .hall suDPlement them wtt.h .ucft 'us>
porun, da1& ... t.he owner ma, nqulrc.
cd) Upon ...t.lafactor, completion of the
work performed W'\der t.hll &nee-ment, ... ·
condition preeecknt to rtnal parment under
t.hlt &I1'et'lnen\ or to let.t.lement upon terml.
naUon of the &lTee-ment, t.he enclnl"er ,.hall
execute and dell"r to the owner a releue
of &1.1 (1a1_ ...-alNt the owner at1sinl under
or by vlrwe of thla acreement.. otl\er t.han
,uch clam.. If an" ... mI.' be .pedncaJl,
exempted b, the enl1neer from the oper.
atlon of the reln.te In stated amountl to be
let forth therein.
1.1'1l:0.Bt"l'DESIG"
fa) In the pcrfonn&nee of th18 acree-ment.
the e~nHr IhaJl. to t.he utent. prvt.lcable,
pravtde fOl' mulmum UH of structurea. ma.
chines. produc.... m.ten..... corwtructlon
methodt. and tQulpment which IU"t read.ll,
avallable throu,h competlUve procuremenL.
or thrau,h .t.andud or proven production
technique&. met.hods. and pf'tllC't'S8el. co",ltt.
ent. with to eFR 35.V38-3 and 3&.'38-13 in
effect on the date of execution of thll &I'I"tt'-
m~nt. u<:rPt to t.he ext.ent. to which tnnov..
live techno'on mI.)' be uat'd Wider 40 eFR
35.~8 In dfeet on the date of uK'utlon of
t.hl, .....rtftDr.nt.
(bl Th~ I'~n~r shall not., In the perform.
ance or th.e work under thls &CTe~ment.. pro-
d~ a deatan or ..peclfleaUon which would
nqulre the uae of atrueturu. m&c:hlnea.
products. m.t.enat.s. const.ructlon met.hods,
equipment. or proc:eSll~s which t.he ~nctnfotr
knows to be available onl)' from . .ole
lOurtl', unle. t.he en,lnHr hu adeQuatel,
JuaUfIt"d the uae or . sole source In wrttin..
(el The f'nl1nl"f'r shlLll not. In the perfonn.
ance of the work und~r lhtl ....-eement.. pro-
duce . dt:slcn or lIpecUkaUon which would
be rl'ltr1ctlwe tn .lolaUon of sec. 204(.)(8) of
the Clean W.ter Act. Thlt statute' requlrea
that. no specification ror blct. or .tatement.
of work shaJl be wr1tun in lueh a manner u
to cont.a1n proprtetaJ'y. udwlonar,. or ins.
crlmln..tofJ' rrqutrementl other than t.hOlle
bued upon J)erfonnance. unleaa .uch re-
qulr..mentA lift nf'C'eMUY to t.eat. or demon.
.t.nte a apecUIc thln" or to prov1de for nee.
euar, lnt.enhan..nblllt, of put.l and
equipment. or at It'ut two brand namt'JI or
t.ndt' namea or comparable Quallt, or utlllt,
are IlJt.ed and an fol1ow"d b)' the wordl "or
r.Qua.I." With rra-ard to m..tert..... II a sln,ll'
matforlaJ II speorUIf"d. Ihl' I'nrlnf'l'r must be
prt'part'd to substanUate the buts ror the
.w.1f'("lIon or the matrrtaJ.
(M The l'~nHr.hall report to thl' owner
an, AOIf',lOurre or r"l'ltrl("t1ve d..AI.-n or ~pr.cl.
flc.Uon Ilvln.. the rrL'Mln or r..uons why It.
1I nK"r.M&l'Y to rutrtrt. th" df'slrn or "Pf'<"lfl.
.....tlon
.
,
fe) The enrtneer shall not. lonowln,l,
i1rpeclf,. or approwe the performance of work
.t . faclltt, which lIln Y1ol.Uon 01 clean air
'1M' .ater It.&nd.... and whkh II ILst.ed b,
the Dlnct.or 01 t.he EP A Offke of Pederal
AcUvlt.te. under 40 CFR Part. 15.
t. AlJDl'T; ACCZ,U TO -..coRDI
f a) The enMter .haU malnt&.ln boou,
ft'C'O..... doalmenta. and ot.her evidence dl.
recU, peninent. to performance on EPA
I'T'U\t work under t.hw &l'fHment in accord.
ance with ,eneralJ, t.ttep\ed a.oeountlnr
principles and pn.cllca eontUtently ap-
plied. and 40 em 30.80&. 30.101. and 3S.'3I~
, In effect. on the date of eucutlon or thll
Nfftment. The endneer .hall &bo m&ln.
I.a1n the financial lnIormaUon and d.... uaed
by t.he endneer In the prepuatlon or 'us>
port of t.he co.t. IUbmLulon noQutred under
40 em 3S.'31-61b) in effect. on the date of
uecut.lon of thY acreement and a top, 01
t.he COllI. NmIIIU'7 .ubmlt.ted to the owner.
The U .8. EnvtronmentaJ Prot.ectloD Alene"
the Compt.roller OenenJ of the United
Stat.a. the 0.5. Department. of Labor.
owner. and (the State w.Ler poUutlon con-
trol ..enc,) or an, of their dul, author1led
representatives IhLIJ have acee.. to .ucb
boob. recorda. 6ocumen..... and other tvl.
dence for lNPeCtlon. ..udlL and COPJtna.
The eNtneer wtlJ provide proper facUltln
for .uch ""SI and lntpect.lo~
cb) The endnen &lTed to incJude p&ra.
,",phi f.) throu,h (e) of thLl cJau.te In &11
hLl contn.ctA and ILIJ tier IUbeontncta dl.
recti, nlat.ed to project. performance t.h.t
ace In UC'tSl of tlO,ooo.
(e) AudJt.I condut'ted under t.hll provlllon
.haU be tn acc:ordanC'e w1th lenen.1l, K-
<<pled audlUn, .t.andar<J. and nt&blbhed
procedures and IUldellnel of t.he revtewtna
or audit. l.IencJ( lei).
Cd) The enctnHr &neel to the d1acJOI'Ure
of 1LI1 lnlorm.lIon Uld reporta rnult~
from aensI to r<<or<J. undu pancnpha (a'
and (bJ of t.hlt c1.use, to anJ 01 the &lencletl
rdernd to In p&l"&.l1"&Ph ,.), provtded that
t.he en<<tnee-r It ~forde<l t.he opportunlt7 for
an audll ult conference and an opportunlt.y
to comment and IUbmlt 1111 suPportln' doc.
ument.atlon on the pertin~nt. portiON of t.he
dratt .udlt report and th..t the final audit.
rf'port wtlllnc1u.;le wrlt.ten C'OmmenLl of rea.
IOnable lenilh. If an,. of the enlineer.
(e) The enlU1f'f'r .hall nuJ.nt&.ln and make
avlLllable r~rdI under p...,..-raPN (aJ and
.b. of thll c1..use durlnl performance on
EP A rnnt work under thLt NTffment and
until 3 yf'&n from the date of final EPA
rrant p.:rment for lhe P"'Jl"Ct. In addition.
t.hOllt IT'C'Ordl which relate to an, "Dlapute"
.ppeal under an EPA annt acffment. to
IItI,atlon, to thr .rUlement 01 clalml aria.
ln, out of .uch Pt'rformance. or to CQlJU or
lleDll to which an .udlt n~ptlon hu bftn
l.a.lr.en. .hLIJ be m&lntalned and made avalla.
ble untU 3 ,ean after the date of relOlutlon
or such appea.l, 1It1,atlon. claim. or nees>
lion.
u. I'1lICW IldOM'tO" roo.. DInIC'TtYZ CO'T o.
p'ucnfo DATA
f 1'1\u t'lcnuc!' u tlPplkabko (/ tM Gm01,"' 0/
Mu II~I u~udlIlDO.(JH.J
(a' If the owner or EPA dl'tc!'rmln.... th.t.
an1 pncf'. Indudln, profit. ne,otlaUd In
l.':onn~Uon with thLs &lTf'f'ment or an, con
""Imbunable undc!'r thLt &n'H'ment .... In.
....noMot'd by an)' ~h(nlfka.nt aum.s ~Auae the
enJ(1ne4't or an)' !lulx'onlra.etor rumLthed in.
romp I..'.. or In&N'u"t.. COl'It or pncln.. data
,.
ok
or data not current.. orrUfled in hll certltl-
t:aUon of CWftl\t COlt or pr1clnt data (EP A
'Dna .,00-41>>, then ,uch Pt1ce. eml. or
pcotlt. .hall be reduced accordlNl, &lid the
&lTeemeat. ,han be modified In tnitlnc to
reOect auc:h rt:duc\loB.
Ib>> r.nure to ~ on .. rt'ducUon .haJJ
be wbJect to the remedJeI C).UN ot LIlia
acree:rDeat.
I~Otc.-S't""" tM ~C II nb1<<f eo
rrdllCtio'fI ",f\4cr tAli cla-.H "' '"'Oft 01 u.
lecttw ei:Nt Of' ,ric"lft, cfata ..I)",UW 1ft
CO"ft.tCU~ wCth <<rial" ..6coftCractl. 1M
C'ft0i~ ....r .,c.,h to IM'h"'" . ela.1&M eft
tca.c" ,UCA .vbc:otllnlC" "",,t""" 1M ,1&bto1I.
trUtof' to &ppf'Ot'riot.r, huk"'''V. 1M ~.
~. It.. cWo at/<<W U&41 a", .rvl>cotllNt'-
to,. ,,,~, to NCh tfWWmfttftC'GtiLo1l "'"' ","0
n'CaU, """,,~ nblfaftUoll, "mU.' ("",",,,t-
/IC.rw" /Ordd<<ttw colt or pttct.., da'. ~
qutred to be ,u&mUUd br 1111101<<" tin ,.~
co_lnadora. )
t...~1r'Tl.ACI1I
Ca) M7 wbcontracton and ougldt uao-
c1.teI. r1f eonwlt&nU required by the en....
neer In conneeUon with wl"'rien under thLl
~n" wtD be ltmJt.ed to INCh lndl't1d.
u." or ttnnI II were rpt:dllca1lJ Identified
and apeed to durin. neroU..Uona. or u the
owner apecttkaJl, authortr.el durtnc the
perfOf1D&l'Klt at thll .,.reement. The owner
mut It.... prior r.poronJ tor an, .uMtltu.
Uol\I in or additiON &0 luch IUbc:ontnc(.On.
...octatel. Of eorvult&nu.
ebJ The enrtneer maJ' no<<. IUbcontnct..er.
rieeI in U:~ of thll'tJ (30) percent (or
_ ptef't'otnt. If the owner and t.he e~-
neer heRb, ...,.ee) ,of, the contract pr10t \0
lubcontnct.on or COI\I\lltanU wtthout the
owner'l prior written approval.
1'. LoUOR S'T,Ul'tlAAOS
To the ertent that thll ..,.reement In-
'f"Oln. "I>>natnlctlon" (u defined b, the
Secretar7 or lAbor)" the enr1neer &(TeeI
thst IUlCh eonat.ruc:Uon worll IhaJl be lubJert
to t.M followtn. labor ItandarcU pro\1slona.
to the extent applicable:
(aJ o..ria-BKOn Act (40 V.S.C. 2781.-
ne...,t.
eb' Contnct Work Roun &nd Safet,.
Bt&n<tordo Act 144 O,B,C. 32'1-333r.
(c) Copeland Antl.Kk'kback Act (18 O.S.C.
874 J; a.nd
(d. Executln Order 11248 eEquaJ Employ,
mmt. Opportunlt)' r.
and ImQlt'menttn. rulet. ruulatlona. and
reln....t orden of the Secretary of lAbOr or
EPA. 111e e~eer further &<<Teet that tht.
-.reement IhaJJ Include and be sut)Jrcl to
Lhe ''L&bdr St.&ndudl ProvLslOM for P'tder.
aJly A$l1Iited: ConstrucUon Contracun (EP A
form 5120-0 In eUect. at the time of nt'('U.
Uon of thLt atTffment..
u. I'llIItU.L 1ID'LO'I"'IiR!ft OP'!'OIlTVl'tTT
In ac::ccml&nCllt wtth D'A policY U u.
~ In .1 CFR lO.t2O-l. the e~Hr
...""" that M wUl not d1acrlmloat.e actJn.lt
an, empl01ee or applleant for emplo)'meot
~..uae of nee. rell.ton. color. sex. ....e. or
natloDaJ ortctn.
It. O'TJt.runol'l 0" .....LL "'111I IIInrolUTT
aOI(I"'I:8'
In aceon:t.anoe with EPA polley u u.
preued '" 40 eFR 35.U8-1. the enaln"r
....en that qU&1IUed una1.l buatneN aIId mi.
nonC,J' bullneM eD\.erpr1.lte8 .hall hue the
mu.lmum pt&Ctlcable opportunity to par-
.
aUlU AND aEGUlATIONS
tklpatf' In the perfonnance of EPA ITUlt.
....Llted contracta and subcOnln.tll.
I'. COYDI""'" "c"....n C'OIf1'IIIOan ~
The enc1neer "uranU that no ~r8On or
tteUlnc .,ene, hu been emplo,ed or re-
talnH to 8011clt or IleCUre thLl contract upon
an aeTffment or undentandinl lor a com.
mlalon,. ~rcent&l'e. broter.,e. or conlin-
Imt IH. exceptinl bona lick emplo,ees. For
brnch or vlolaUon of thla warrant, the
ownu ,hall have t.he Mlht to annul t.hw
.,.rftment without. llablllt, or in Ita dlsCre.
tlon l.o deduct from lhe contract prlee or
conskleratloa. or Olherwlae recover. the lull
amount. of luch commLMion.. percent.,e.
broter.,e. or contlnunt fee.
U. GUnJlTlD
ea' If It. la found. alt.er notl<< and heartn..
by the owner t.hat t.he en.tnHr. or any of
the f'nc1neer'l acenll or reprnenlatlnl. of.
ff"red or ,ave lTatulLlet IIn the fonn of en.
tf'rtalnment. .Uta. or ot.he,.,.'tse J. to any oUl.
clal. empl01ee. or a~nt of the owner. of the
Slate. or of EPA In an atLempt to .secure a
contn.Ct or favorable treatment In a",&rd.
lnc. uaendln.. or maltlnl an, df'tennlna.
tlona related to the perlonnanc:e of thll
aceement. the owner mI.'. b, written
noUa" to the en.lnecr. t.ennlnate the rI.h\.
of the enrtneer to proceed un~r thw acree-
rnent. The owner mI., also punue other
rtlhta and remedJe. that the law or thll
foCTeernent provtdel. However. the exLltence
of the fad.l upon wh~h thr. owner bues
luch Ilndlnp Ihan be In tSlue and may be
renewed In proc<te'dIn&'1 under the ~medla.
cJaUK of this ..r~ment.
(b) In the ennt tht. ~ment III terml.
naLed IIJI provtded In ~ralT&ph (a) hereof.
the owner Ihall be entitled: U I To pursue
th~ same remedies ala.lnst the enllneer ILl it
could pursue In the event. 01 a breach of the
contrart b, th~ enl1.neer. and (2) u a penal.
ty. In -.ddItlon to any other dam..."s 1.0
which It mar be entitled by law. to exempla.
ry dama.f'II In an amount I as detennlned by
the ownrr) which shall be not less than 3
nor more than 10 llmel the casLl the enld.
nrf'r Incun tn provldln. &1\Y such rn.tultles
to any ~uch otrlcer or employt'e.
11. ,."n:1'IT5
II this &rn('ment In\"Olv" r~ul"t':h. devel.
opmf'nta). f'lItPf'rlmf'ntal. or demonstnltion
wort and an1 dlsrOvtry or Invention arises
or 15 dev..lo~ In the course of or undf!r
thLl alTtem...nt, such Innntlon or dlK'o,,'ery
l'Ihall be 5ubjr.et to tht' reportln. and rllhll
provisions 01 lubpart 0 of 40 eFR part 30.
In f"Ued. on the date 01 f'llf'C:\ltton of this
..~mrnt. Indudln. apCX'ndlX B of part 30.
In ~mch cur. the emrtneer ~hall report the
dbcovery or InvenUon to EPA directly or
throuA'h lhe owner. and shall othf"r.isr.
complY ....lth the o....nf'r.s rf'5porulblllttt'1 In
accordance w1th 5ubpart 0 of 40 ern part
30. The "nl1~r a.,.f"t"S that the dlltposltton
01 rt.hta to InnntloN made under thl.t
acrf'f'ment shall bf' In aC("ordM~ ....Ith the
Lfonns and condttlons of appt'ndil. B. The ..n.
.nnur shan Indude aDProprtate patf'nt pro-
vlslons to achieve thr purpoM' of this ('ondl.
tlon In aU subcontnu-u In,.ol\1o. rl"~rA.rch.
de'.l"lopmrntal. e.pt'rlmf'nta). or df'mon.str".
tlon ..or\.
11. OOI'Y..1CMT'S ,,~ "GKTS IJII D"T"
la' Tbr MJlneer qT'''l"'' that any plJUU.
du..lnlls. dl"lIIIIN. lIIp('\'lllc:\tlon.'l. comput"r
.
r
prorn.ms I which a.re wblltanllall,. paid tor
with EPA rn.nt lunda). technical rr.portli.
ope-ralln. manuw. and other worll lubmlt..
ted wIth a lIt~p l fKl1Itln plan or with a
step J or step 1 pant. appllnUon or which
are Ipf'dlted to be deUnred unckr thll
acreement or which ue developed or pro-
duced and paid for under thlli alTeement
e rdernd to In thll elauae ... "Subject
Data") an subJf'Ct to t.he rtlbla tn the
United Stat.es. U let forth In lubpart 0 of
to Cf'R part 30 and In appendix C to 40
CFR ~r1. M. tn efled on the date of execu-
Uon of thll &lTeernent. 'lbese rtlhLllnelude
t.he rt.hi to U8e. duplicate, and d1sC1u.e lueh
lubJed data, In whole or In part, In an,
manner for any pLlf1)OM what.loever. and to
have ot.hers do 80. For pu~ 01 lb.
clause. "rnntee" u wed In appendix C
reff"n to t.he en.Ineer. It the materlalll co-
pyrllhtable. the enclneer ma, c:opyrl.ht It.
aI appendix e pennlta, subject to the rt.hta
In the Government. In appendl. C. but the
owner UMI the Federal Oovemment resene
.. roYalty. free. nonexclusln. and Irrevocable
license to nproduee. publbh. and use lueh
materiall. In whole or In put. and to autho-
rize othen to do 80. The enllneer Ihall tn.
dude approprlate proVt.ION to achlev, the
pUrpolJe of thtl condition In aJl .ubconLnc"-'
upecWd to produce c:opyrllhtable lubJect
data.
fb) All luch subject data rumlllhrd by the
~n.lM"t'r punuant to this qreement are In.
atrumentl of his If'ntces In rellpf'Ct of the
proJf'd.. It II unde~tood that thf' en..ln~r
dOel not represent such .subject data to be
lultable fOf' ",UK on an, other project or
for an, other pUf"I)CMe. It the owner reuses
the IUt).tf'rt data wtthout t.he "nl1n<<r'l spt.
ctrle WTttten nrtlleatlon or adaptation. such
nUIe wm be at the rbk of the o....."er. with.
out lIablllt, to the en,lnf"t'r. Any luch ...er-
lflcatlon or adaptation will entitle the enrt-
neeI' to further compt'nsatlon at rates
..~eed upon by t.he o,,"-oer and the englnt'er.
F1EDf'Al IfOISlll. VOL 43, NO. 1U-WIDHISOAY. SfrtUl4.n 27, 19'TI
z\PPENDIX "e"
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New Yark 11971
TELEPHONE
(516) 765-1801
JLDITlI T. HRRY
TOWN CU-:RK
RI{;[STR-\R 01- Vn.\!. Sr \ 11\ I ICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold has engaged Holzmacher,
McLendon and Murrell, P.C. to design a Scavenger Waste
Treatment Facility in a contract dated April 19, 1983,
and
WHEREAS, the Town Board of the Town of Southold is the
governing body of the Town of Southold Wastewater Disposal
District, and
WHEREAS, the Town Board intends to apply for Federal and
State Aid, in conjunction with the construction of the
Scavenger Waste Treatment Plant, and the regulations of
the United States Environmental Protection Agency and New
York State Department of Environmental Conservation require
the retention of an engineering firm to provide services
during construction, now, therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he is
hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C./H2M Corp., to retain its services during construction,
and be it further
RESOLVED that the Agreement shall be subject to the issuance
_.I:' _ ____.... 1-__ ....1..~ TT_..:-4-.........1 Q+....+......... v"'.u;...........n..................+<:)l D"t"n+o,-,+;r\n
STATE OF NEW YORK I
COUNTY OF SUFFOLK
55'
Office of the Clerk of the '
TOWN OF SOUTH OLD
( SEAL)
This is to certify that I, Judith T, Terry, Clerk of the Town of 50uthold, in
the soid County of Suffolk, have compared the foregoing copy of resolution
with the original resolution now on file in this office, and which was passed
by the Town Board of the town of Southold in said County of Suffolk, on
the ...~~,~,~.... day of ,......,~p.,:r.tL..........,.., 19~,:;!.." and that the same is
a correct and true transcript of such original resolution and the whole thereof,
In Witness Whereof, 1 have hereunto set my hand and affixed the seal
of said Town this ..~9,t,~,.... day of ,......~p.,:r.u........._............ 19~,:;l....
I
~~L~:~,,::y~~
Clerk of the Town Board. Town of Southold, County of Suffolk, ~y
I\PPENDIX "C"
Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
Jl.D1TII T TERRY
TOWN CLFRI\.
RI(;ISTR.-\R 01- Vn.\!. SI \ II~ IJCS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold has engaged Holzmacher,
McLendon and Murrell, P.C. to design a Scavenger Waste
Treatment Facility in a contract dated April 19, 1983,
and
WHEREAS, the Town Board of the Town of Southold is the
governing body of the Town of Southold Wastewater Disposal
District, and
WHEREAS, the Town Board intends to apply for Federal and
State Aid, in conjunction with the construction of the
Scavenger Waste Treatment Plant, and the regulations of
the United States Environmental Protection Agency and New
York State Department of Environmental Conservation require
the retention of an engineering firm to provide services
during construction, now, therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he is
hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C./H2M Corp., to retain its services during construction,
and be it further
RESOLVED that the Agreement shall be subject to the issuance
of a grant by the United States Environmental Protection
Agency, and shall be annexed hereto, and be it further
RESOLVED that said agreement shall be subject to the
following:
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and H2M.
.
~
.
.
ENGINEERING SERVICES CONTRACT FOR DESIGN OF SCAVENGER WASTE
TREATMENT FACILITIES
This Agreement dated this/It! day of ,4/,'<:IL 1983, by
and between HOLZMACHER, McLENDON & MURRELL, P.C./H2M CORP.,
with offices at 125 Baylis Road, Melville, New York 11747,
hereinafter called the "CONSULTANT" and the TOWN BOARD, TOWN
OF SOUTHOLD, a Municipal Corporation of the State of New York,
acting in its capacity as the governing body of the South old
Wastewater Disposal District in the Town of Southold, herein-
after called the "TOWN" with offices at Town Hall, 53905 Main
Road, Southold, New York 11971.
WIT N E SSE T H
WHEREAS, the TOWN has engaged the CONSULTANT on November
14, 1977 under an agreement with the Inc. Village of Greenport
to perform engineering services in conjunction with a 201 Study
of the Town of Southold, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection Agency
have had submitted an approvable Facility Plan for Scavenger
Waste, and
WHEREAS, the Town of Southold intends to apply for grants
in aid and/or amendments to existing grants for the services
described herein, and
WHEREAS, the Town of Southold is desirous of proceeding
with the implementation of the recommendations of the Facility
Plan and the CONSULTANT is desirous of performing the ad-
ditional services, and
NOW, THEREFORE, in consideration of the premises, it is
mutually agreed between the parties as follows:
1. The CONSULTANT shall prepare detailed plans and speci-
fications for the Scavenger Waste Treatment Facilities, as
approved by the New York State Department of Environmental Con-
servation in the Report entitled, "INC.. VILLAGE OF GREENPORT
1.
.
.
AND TOWN OF SOUTHOLD, SECTION 201 WASTE:WATER FACILITY PLAN,
C-36-ll20, SELECTED PLAN REPORT, MAY 1982, REVISED JULY 1982."
These services shall include:
a. Preparation of plans and specifications for informal
bids for soil borings. Provide nominal Contractor observation
services during borings.
b. preparation of surveys as required, including field
topography, test hole location stakeout, property description,
computations and drafting of plan.
c. preparation of plans and specifications for the
design of an innovative/alternative (I/A) technology scavenger
waste treatment facility to be constructed adjacent to the
Greenport Sewage Treatment Plant. project will consist of five
Contracts, namely: a) site work and landscaping; b) general
construction and mechanical work; c) heating and ventilation;
d) plumbing, and e) electrical work. Specifically, the follow-
ing sub-tasks will be performed: '
(1) Design of Facility - including design, drafting
and reproduction of drawings.
(2) Specifications - including writing, typing, re-
view of typing and reproduction.
(3) Project Review - includes review meetings with
Town of Southold, Village of Greenport, Suffolk County Depart-
ment of Health Services, New York State Department of Environ-
mental Conservation and United States Environmental Protection
Agency.
(4) Revisions to plans and specifications based on
comments received.
2. The CONSULTANT shall also assist the TOWN with the
following administrative requirements:
a. providing assistance as required to the TOWN in
meeting Federal and New York State administrative requirements.
b. preparation of A-95 application for New York State
and local clearinghouse approval.
c. Providing assistance to the TOWN to obtain Audit
and Control approval.
d. providing assistance to the TOWN in preparation
of a municipal agreement between the TOWN and Village of
Greenport.
2.
.
.
e. Preparation of a user charge system and assistance
to the Town Attorney in preparing a scavenger waste ordinance.
f. Preparation of a plan of operation.
g. Preparation of the grant application, which will
include Step 3 construction costs, engineering and adminis-
trative fees during Step 3 and the allowance for the design
phase (Step 2).
3. The CONSULTANT shall be remunerated for the services
described in Paragraphs 1 and 2 above at hourly rates of com-
pensation, plus reimbursable expenses times 1.10. The fee of
the CONSULTANT shall not exceed the sum of One Hundred Thirty-
Eight Thousand Dollars ($138,000.) for this phase of the
project services. Hourly rates of compensation are defined as
technical payroll costs plus 1.35 times technical costs. Tech-
nical payroll costs include direct salary, fringe benefits,
pensions, disability insurance, unemployment insurance, FICA,
holidays, sick leave, vacation, health insurance, life insur-
ance and payroll taxes. Reimbursable expenses include, sub-
contractors, reproduction, transportation subsistence, postage,
express, and long distance telephone calls. Monthly payments
will be requested by the CONSULTANT on the basis of completion
of services. The TOWN agrees to make timely payments to the
CONSULTANT during the progr ess of the w'or k with in th ir ty (30)
days of rece ipt.
4. The CONSULTANT further agrees that:
a. with respect to CONSULTANT'S performance, he shall
secure and maintain such insurance as will protect him from
claims under the Worker's Compensation Act.
The CONSULTANT will further see that any subcon-
tractors have the necessary insurance with respect to claims
under the Worker's Compensation Act.
b. He shall maintain during the performance of this
Contract, the following insurances:
(1) Comprehensive Liability and property Damage -
$500,000. per occurrence.
(2) Professional Liability - $500,000.
(3) Automobile Liability and Property Damage -
Bodily Injury $500,000./$500,000., Property Damage - $100,000.
(4) Valuable Papers - $150,000.
(5) Umbrella Comprehensive Liability - $2,000,000.
"
.
.
5. The TOWN agrees and/or assures to perform or provide
the following:
a. Access to the Work - The TOWN and the cooperating
municipalities and agencies will provide access to and make
all provisions for the CONSULTANT to enter upon public lands
as required for the CONSULTANT to perform such work as surveys
and inspections in the development of the project.
b. Consideration of the CONSULT1,NT'S Work - The TOWN
will give thorough consideration to all reports, sketches,
estimates, drawings, specifications, proposals and other docu-
ments presented by the CONSULTANT and shall inform the CON-
SULTANT of all decisions within a reasonable time.
c. Legal Requirements - The TO~~ will hold all re-
quired special meetings, serye all required public and private
notices, maintain a record of such meetings, receive and act
upon all protests and fulfill all requirements necessary in the
development of the Contracts and pay all costs incidental there-
to.
d. Contract Requirements - The 'TOWN will provide the
Contract Requirements, insurances, information and notices for
the Bidders to the CONSULTANT.
6. The TOWN and the CONSULTANT agree as follows:
a. Governing Law - This Contract shall be governed by
the Law of the State of New York.
b. The TOWN Representative - The TOWN representative
shall be the SUPERVISOR of the TOWN OF SOUTHOLD, who shall have
authority to transmit instructions, receive information, inter-
pret and define TOWN policies and decisions with respect to the
materials, equipment and systems pertinent to the work covered
by this Agreement.
c. Suspension of Work - The CONSULTANT shall have the
right to suspend work without prejudice, after giving the TOWN
prior notification for non-payment.
d. Ownership of Documents - All drawings, specifications
and other work product of the CONSULTANT for the Contract are
instruments of service for this Contract only and shall remain
the property of the CONSULTANT and the TOWN whether the Con-
tract is completed or not. Reuse of any of the instruments of
service by the TOWN on any other project/contract without the
written permission of the CONSULTANT shall be at the TOWN'S
risk. The TOWN agrees to defend, indemnify and hold harmless
4.
.
.
the CONSULTANT from all claims, damages and expenses including
attorney's fees arising out of reuse of the CONSULTANT'S instru-
ments of service by the TOWN or by others acting with the per-
mission of the TOWN, involving a modifi'cation of the original
plans and specifications of the CONSULT,o,.NT.
e. General-
(1) Neither party shall hold the other responsible
for damages or delay in performance caused by acts of God,
strikes, lockouts, accidents or other events beyond the control
of the other or the other's employees and agents.
(2) In the event any provisions of this Contract
shall be held to be invalid and unenforceable, the remaining
provisions shall be valid and binding upon the parties.
(3) The CONSULTANT has not been retained or compen-
sated to provide construction review services relating to the
Contractor's safety precautions or to means, methods, techniques,
sequences, or procedures required for the Contractor to perform
his work, but not relating to the final or completed structure;
omitted services include, but are not limited to, shoring; scaf-
folding, underpinning, temporary retainment of excavations and
any erection methods and temporary bracing.
(4) The CONSULTANT intends to render its services
under this agreement in accordance with generally accepted pro-
fessional practices for the intended use of the project and
makes no other warranty either express or implied.
(5) Any opinion of the construction cost prepared by
the CONSULTANT represents its judgement as a design professional
and is supplied for the general guidance of the TOWN. Since the
CONSULTANT has no control over the cost of labor and materials,
or over competitive bidding or market conditions, the CONSULTANT
does not guarantee the accuracy of such opinions as compared to
contractor bids or actual cost to the T'OWN.
f. Indemnity and Liability -
(1) Contractor's Insu rance -, Pr ior to the commence-
ment of the work, the TOWN shall require the Contractor and any
subcontractors to submit evidence that he (they) have obtained,
for the period of the construction cont.ract and guarantee period,
comprehensive general liability insurance coverage (including
completed operations coverage). This coverage shall provide
for bodily injury and property damage arising directly or in-
directly out of, or in connection with, the performance of the
work under the construction contract, and have a limit of not
5.
.
.
less than $1,000,000. for damages arising out of bodily injury,
sickness or death of one person and an aggregate of $3,000,000.
for damages arising out of bodily injury, sickness and death of
two or more persons in anyone occurrence. The property damage
portion will provide for a limit of not less than $500,000. for
all damages arising out of injury to or destruction of property
of others arising directly or indirectly out of or in connection
with the performance of the work under the construction contract
and in anyone occurrence including explosion, collapse and under-
ground exposures. The comprehensive general liability insurance
will include as additional named insureds: the TOWN, the CON-
SULTANT, and each of their officers, agents and employees.
(2) Indemnity - The TOWN will require any Contractor
or subcontractors performing work in connection with drawings
and specifications produced under this Agreement to hold harm-
less, indemnify and defend, the TOWN and the CONSULTANT, their
consultants, and each of their officers, agents and employees
from any and all liability claims, losses or damage arising out
of or alleged to arise from the Contractor's (or subcontractor's)
negligence in the performance of the work described in the con-
struction contract documents, but not in.cluding liability that
may be due to the sole negl igence of the TOWN, the CONSULTANT,
their consultants or their officers, agents and employees.
g. Authorizing Resolutions -
The TOWN herewith certifies thc,t it is properly con-
stituted and empowered under the Laws of the State of New York
to enter into Contract with the CONSULT~,NT and has duly autho-
rized the Supervisor to enter into and execute this Contract, a
copy of the authorizing resolution, dated the 19th day of April,
1983, is attached as Exhibit A.
7. Disputes arising under this Agreement shall be resolved
by the parties utilizing "The New York Simplified Procedure for
Court Determination of Disputes," as provided in the Civil Prac-
tice Law and Rules, Section 3031, et. seg., which procedure shall
be brought in the supreme Court, Suffolk County.
8. HOLZMACHER, McLENDON & MURRELL" P.C. is a New York Pro-
fessional Corporation doing business at 125 Baylis Road, Melville
New York 11747.
6.
.
.
IN WITNESS WHEREOF, the parties hereto have hereunto sub-
scribed their names, affixed their respective seals, the day
and year first above written.
FOR THE TOWN BOARD
TOWN OF SOUTHOLD
(SEAr,)
---"
.!l..,J~jl.~:- J:? P//l...:.Jf
william R. Pell, III, Supervisor
(SEAL)
CONSULTAN'I':
HOLZMACHEF:, McLENDON & MURRELL,
';;;;r;:kr4 cL
H. A. Domtfeck, P.E.
Vice presi.dent
A~,0~
Town Attorney
7.
.
.
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On this.,,;'f~day of ffj1R,L , 1983, before me personally
came WILLIAM R. PELL, III, to me known, and known to me to be
the Supervisor of the Town of Southold, 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
Town.
~ft~ ~~zr
(/ NOTARY PUBLIC
~JnT ~ 'N J,IJ,o.ll~~ T TERRY
f\', "--'llr_'~;,,~,,-:"::,,~!c~:'; of New York
~- ),.-,-~.,;Jb.j SUllOlk Count
CommissIon Expires March 30.1$'b
STATE OF NEW YORK)
) ss:
COUNTY OF SUFPOLK)
On this.n -t(day of ~, 1983, before me personally
came HAROLD A. DOMBECK, to me known, and known to be to be
one of the officers of the firm of HOLZMACHER, McLENDON &
MURRELL, P.C./H2MCORP. described in and who executed the
foregoing instrument, and he acknowledged to me that he exe-
cuted the same as and for the act and deed of said firm.
~<;#:, ;t.~<./.,.~
NOTARY UBLIC
PAT~~ICIA A, KOSUBINSKY
NOTAR\' PUBLIC, State of New York
N~.. 4737817 " Suffolk County
Certlflc,:;te Filed in Nassau C
tom ' , ounty:
mtSSlon Expires March 30 19 'h-
, -
K,
APPENDIX "A"
JUDITH T. TFRRY
TOWN CU:Rh:
RrC1STR,\R OF VIlAl SI", II~lICS
Town Hall, 53095 Main Road
P,O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLO
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold under agreement with the
Inc. Village of Greenport has engaged Holzmacher, McLendon
& Murrell, P.C. to conduct a 201 Wastewater Facility Study
in a contract dated November 14, 1977, and
WHEREAS, pursuant to the recommendations of said 201 Waste-
water Facility Study there has been formed, pursuant to
Article 12A Town Law, State of New York, the Southold Waste-
water Disposal District in the Town of Southold, of which
the Town Board, Town of Southold is the governing body, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection
Agency have had submitted an approvable Facility Plan for
Scavenger Waste, and
WHEREAS, the Town Board is desirous of proceeding with
implementation of the report recommendations, to wit, the
engagement of engineering services for detailed plans and
specifications and other services are now required, now,
therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he
is hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon and Murrell,
1
STATE OF NEW YORK I
COUNTY OF SUFFOLK
5S:
Office of the Clerk of the
TOWN OF SOUTH OLD
<SEAL)
This is to certify that I, Judith T, Terry, Clerk of the Town of Southold, in
the said County of Suffolk, have compared the foregoing copy of resolution
with the original resolution now on file in this office, and which was passed
by the Town Boord of the town of Southold in said County of Suffolk, on
the ..~.~,~,~..... day of ..,..,:~p.::,~,~.................. 19..~,~.., and that the same is
o correct and true transcript of such original resolution and the whole thereof,
In Witness Whereof, I hove hereunto set my hand and affixed the seal
of said Town this ..,~,o.j;)L.. day of ,..,....A,D,J::i.J..................... 19,I3,a..
Clerk of the Town Board. TO~~~~:::~-:::~
APPENDIX "A"
c/s-::;" ,
:~~
~.j=
_,c::>
~~ ,r;
>~'~ ..
~..
: ~:~ ;{:' :+
Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JlIDITH 1. TERRY
TO\VN CLFRh:
RIelS rRAR 01' VrL\!. ST" lIS lies
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold under agreement with the
Inc. Village of Greenport has engaged Holzmacher, McLendon
& Murrell, P.C. to conduct a 201 Wastewater Facility Study
in a contract dated November 14, 1977, and
WHEREAS, pursuant to the recommendations of said 201 Waste-
water Facility Study there has been formed, pursuant to
Article 12A Town Law, State of New York, the Southold Waste-
water Disposal District in the Town of Southold, of which
the Town Board, Town of Southold is the governing body, and
WHEREAS, the New York State Department of Environmental
Conservation and United States Environmental Protection
Agency have had submitted an approvable Facility Plan for
Scavenger Waste, and
WHEREAS, the Town Board is desirous of proceeding with
implementation of the report recommendations, to wit, the
engagement of engineering services for detailed plans and
specifications and other services are now required, now,
therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he
is hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon and Murrell,
P.C./H2M Corp. for preparation of plans and specifications
and other services for said scavenger waste facility, and
be it further
RESOLVED that said agreement shall be subject to the follow-
ing:
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and H2M.
.
.
~ .
ENGINEERING SERVICES AGREEMENT wITH HOLZMACHER, McLENDON &
MURRELL, P.C./H2M CORP. FOR CONSTRUCTION SERVICES FOR THE
SCAVENGER WASTE TREATMENT FACILITY.
This Agreement, dated this If#. day of /I;f'~/L
1983, by and between HOLZMACHER, McLENDON & MURRELL, P.C./
H2M CORP., with offices at 125 Baylis Road, Melville, New
York 11747, hereinafter called the "CONSUL'rANT" and the TOWN
BOARD, TOWN OF SOUTHOLD, a Municipal Corporation of the State
of New York, hereinafter called the "TOWN", acting in its
capacity as the governing body of the Southold Wastewater
Disposal District of the Town of Southold, with offices at
53905 Main Road, Southold, New York 11971.
WIT N E SSE T H
WHEREAS, the TOWN has engaged the CONSULTANT on '
~Pte".L J'1 ' 1983 to provide engineering services
in con unction with design and preparation of plans and
specifications for a Scavenger Waste Treatment Plant, and
WHEREAS, plans for the construction of said facilities
will be submitted to the New York State Department of En-
vironmental Conservation, and
WHEREAS, the Town of Southold wi 11 apply for gr ants in
aid and/or amendments to existing grants for the services
described herein, and
WHEREAS, the Town of Southold is desirous of proceeding
with the construction of the Scavenger Waste Treatment Fa-
cility and the CONSULTANT is desirous of performing the ad-
ditional services,
NOW, THEREFORE, in consideration of the premises, it is
~mutually agreed between the parties as follows:
1. The CONSULTANT shall assist the TOWN during the con-
struction of the Scavenger Waste Treatment Facilities, as
approved by the New York State Department of Environmental
Conservation. These services shall include:
a. Provide assistance in securing bids.
b. Tabulate and analyze bids and submit recommendations.
1.
.
.
c. Provide consultation and advice to the Town during
construction.
d. Check construction, shop and erection drawings sub-
mitted by contractors.
e. Review laboratory, shop and mill test reports of
materials and equipment.
f. Hold job progress meetings with contractors and
Town personnel.
g. Prepare partial and final payment requests.
h. Make final inspection and report of completed
work with Town or its representatives.
i. Provide field engineering services during con-
struction.
j. Assist the Town in securing Federal and State Aid
and meeting administrative requirements.
k. Observe initial operation and equipment performance
tests.
1. ~ssist in plant startup and training of operators.
m. Prepare p~yment requests and supporting documents
for Federal and State reimbursement.
n. Prepare an Operation and Maintenance Manual and
up-date same for a period of one year after operation of
the plant begins.
2. The TOWN agrees that:
a. The CONSULTANT shall be remunerated for the services
described in Paragraph 1 above on the basis of cost plus a
fixed fee of $16,932. This is estimated on the attached USEPA
Form 5700-41, dated January 7, 1983, attached as Appendix "A".
The total fee of the CONSULTANT shall not exceed the sum of
$130,000.
b. Both.the fixed fee and maximum fee shall be indexed
arid adjusted to the United States Department of Commerce, July
1983 ConsLimer Price Index for Urban Wage Earners and Clerical
Workers, CPI-W, New York, N.Y.-Northeastern New Jersey. Further
adjustmerits of the fixed fee and maximum fee shall not be made
without written modification of this agreement. Notwithstanding
2.
.
.
the foregoing, the total fee of the CONSULTANT shall not
exceed $l30,000.
c. The CONSULTANT shall submit vouchers monthly dur-
ing the progress of the construction period and the TOWN
agrees to make timely payment to the CONSULTANT within
thirty (30) day of receipt.
3. The CONSULTANT further agrees that:
a. with respect to CONSUL'rANT's performance, he
shall secure and maintain such insurance as will protect
him from claims under the Worker's Compensation Act.
The CONSULTANT will further see that any sub-
contractors have the necessary insurance with respect to
claims under the worker's Compensation ~ct.
b. He shall maintain during the performance of
this contract the following insurances:
(1) Comprehensive Liability and property Damage,
$500,000. per occurrence.
(2) professional Liability, $500,000.
(3) Automobile Liability and Property Damage,
Bodily Injury $500,000./$400,000., property Damage $100,000.
(4) Valuable Papers, $150,000.
(5) umbrella Comprehensive Liability, $2,000,000.
c. He shall act as the TOWN's representative with
duties and responsibilities and limitations of authority
as described in the General Conditions to the Construction
Contract. The TOWN shall not modify the Construction Con-
tract Documents without the written consent of the CON-
SULTANT.
d. He shall advise and consul t with the TOWN during
the Construction Phase and the CONSU]~TANT shall issue the
TOWN's authorized instructions to the Contractor.
e. He shall review the Contr;~ctor's request for
progressive payments, and based upon said field engineering
services, advise the TOWN as to the CONSULT~NT's opinion
of the extent of the work completed in accordance with the
terms of the Construction Contract as of the date of the
Contractor's Payment Request and issue, for processing by
3.
.
.
the TOWN, a Payment Request in the amount owed the Con-
tractor. The issuing of the Payment Request by the CON-
SULTANT shall not represent that he has: made any investi-
gation to determine the uses made by the Contractor of
sums paid to the Contractor.
f. He shall make recommendations to the TOWN on all
claims by the Contractor(s) relating to the execution and
progress of the construction work.
g. He shall notify the TOWN of permanent work which
does not conform to the result required in the Construction
Contract, prepare a written report describing any apparent
non-conforming permanent work and make recommendations to the
TOWN for its correction and, at the request of the TOWN, have
recommendations implemented by the Contractor.
h. He shall review shop drawings, samples, and other
submittals of the Contractor only for general conformance to
the design concept of the Project and 1:or general compliance
with the Construction Contract. The CONSULTANT shall advise
the TOWN in writing of submittals which are in dispute between
the CONSULTANT and Contractor(s).
i. The CONSULTANT shall prepare and present requests
for change orders to the TOWN, through the Supervisor's Office.
No work covered by any change order shall be acted upon or
omitted, as the case may be, until such change order is en-
dorsed by the Supervisor of the Town 01: Southold.
j. Conduct a construction progress review related to
the Contractor's date of completion; rE!cei ve wr i tten guarantees
and related data assembled by the Contractor; and issue to the
TOWN a Final Payment Request.
4. The TOWN agrees and/or assures to perform or provide
the following:
a. Access to the Work - The TOI-lN and the cooperating
municipalities and agencies will provide access to and make
all provisions for the CONSULTANT to enter upon public lands
as required for the CONSULTANT to perform such work as surveys
and inspections in the development of the project.
b. Consideration of the CONSUL'rANT's Work - The TOWN
will give thorough consideration to all reports, sketches,
estimates, drawings, specifications, proposals and other docu-
ments presented by the CONSULTANT and shall inform the CON-
SULTANT of all decisions within a reasonable time.
4.
.
.
c. Legal Requirements - The TOlilN will hold all re-
quired special meetings, serve all required public and private
notices, maintain a record of such meetings, receive and act
upon all protests and fulfill all requirements necessary in
the development of the Contracts and pay all costs incidental
thereto.
5. The TOWN and the CONSULTANT agree as follows:
a. Governing Law - This Contract shall be governed by
the Law of the State of New York.
Disputes arising under this Agreement shall be re-
solved by the parties utilizing "The New York Simplified Pro-
cedure for Court Determination of Disputes," as provided in
the Civil Practice Law and Rules, Sec. 3031, et. seq., which
procedure shall be brought in the Supreme Court, Suffolk County.
b. The TOWN Representative - The TOWN representative
shall be the SUPERVISOR of the TOWN OF SOUTHOLD, who sh'all have
authority to transmit instructions, receive information, inter-
pret and define TOWN policies and decisions with respect to the
materials, equipment and systems pertinent to the work covered
by this Agreement.
c. The CONSULTANT shall not be responsible for the de-
fects or omissions in the work result of the Contractors, or
any Subcontractors, or any of the Contractor's or Subcontractor's
employees, or that of any other persons or entities responsible
for performing any of the work result as contained in the Con-
struction Contract.
d. Suspension of Work - The CONSULTANT shall have the
right to suspend work without prejudice" after giving the TOWN
prior notification for non-payment.
e. Neither party shall hold the, other responsible for
damages or delay in performance caused by acts of God, strikes,
lockouts, accidents or other events beyond the control of the
other or the other's employees and agents.
f. In the event any provisions of this Contract shall
be held to be invalid and unenforceable" the remaining pro-
visions shall be valid and binding upon the parties.
g. The CONS'ULTANT has not been retained or compensated
to provide construction review services relating to the Con-
tractor's safety precautions or to means, methods, techniques,
sequences, or procedures required for the Contractor to perform
his work, but not relating to the final or completed structure;
5.
.
.
omitted services include, but are not limited to, shoring; scaf-
folding, underpinning, temporary retainment of excavations and
any erection methods and temporary bracing.
h. The CONSULTANT intends to render its services under
this Agreement in accordance with generally accepted professional
practices for the intended use of the project and makes no other
warranty either express or implied.
i. Indemnity and Liability -
(1) Contractor's Insurance - Prior to the commence-
ment of the work, the TOWN shall require the Contractor and
any subcontractors to submit evidence that he (they) has ob-
tained for the period of the construction contract and guaran-
tee period, comprehensive general liability insurance coverage
, (including completed operations coverage). This coverage shall
provide for bodily injury and property damage arising directly
or indirectly out of, or in connection with, the performance of
the work under the construction contract, and have a limit of
not less than $1,000,000. for damages arising out of bodily
injury, sickness or death of one person and an aggregate of
$3,000,000. for damages arising out of bodily injury, sickness
and death of two or more persons in anyone occurrence. The
property damage portion will provide for a limit of not less
than $500,000. for all damages arising out of injury to or
destruction of property of others arising directly or indirectly
out of or in connection with the performance of the work under
the construction contract and in anyone occurrence including
explosion, collapse and underground exposures. The compre-
hensive general liability insurance will include as additional
named insureds: The TOWN, the CONSULTANT, and each of its
officers, agents and employees.
(2) Contractor's Builder's Risk "All Risk" Insurance -
Before commencement of the work, the To~rN will require that the
Contractor and any Subcontractors submit written evidence that
hi (they) has obtained for the period of the Construction Con-
tract, Builder's Risk "All Risk" Completed Value Insurance
Coverage (including earthquake and flood) upon the entire project
which is the subject of the Construction Contract. Such insurance
shall include as additional named inSUrE!d: the TOWN; the CON-
SULTANT; and each of its officers, agents, employees and any
other persons with an insurable interest, as may be designated by
the CONSULTANT.
(3) Indemni ty - The TOWN will requ ire any Contractors
or Subcontractors performing work in connection with drawings
and specifications to hold harmless, indemnify and defend, the
TOWN and the CONSULTANT, its consultants, and each of its offi-
cers, agents and employees from any and all liability claims,
6 .
.
.
losses or damage arising out of or alle'ged to arise from the
Contractor's (or Subcontractor's) negli'gence in the performance
of the work described in the construction contract documents,
but not including liability that may be due to the sole negli-
gence of the TOWN, the CONSULTANT, its consultants or its offi-
cers, agents and employees.
j .
Resident Construction Review Services
to assist
sentation
(1) The CONSULTANT shall provide one Field Engineer
the TOWN in order to render more extensive repre-
at the project site during the Construction Phase.
(2) By means of the more extensive on-site obser-
vations of the work in progress, the CONSULTANT will endeavor
to provide further protection for the TOWN against defects
and deficiencies in the Contractor's work, but the furnishing
of such services shall not include construction review of the
Contractor's construction means, methods, techniques, sequences
or procedures, or of any safety precautions and programs in
connection with the work, and the CONSULTANT shall not be re-
sponsible for the Contractor's failure to execute the work in
accordance with the Construction Contract, except such liability
that may be due to the sole negligence of the CONSULTANT, or
its officers, agents and employees.
k. Limitations of Authority, Duties and Responsibilities
of the project Representative -
(1) The project Representative shall act under the
direct supervision of the CONSULTANT, shall be the CONSULTANT's
agent in all matters relating to on-site construction review
of the Contractor's work, shall communicate only with the CON-
SULTANT and the Contractor (or Contractors), and shall communi-
cate with subcontractors only through the Contractor or his
authorized superintendent. The TOWN shall communicate with
the project Representative only through the CONSULTANT.
(2) The project Representative shall review and
observe on-site construction activities of the Contractor re-
lating to portions of the Project designed and specified by the
CONSULTANT as contained in the Construction Contract Documents.
(3) Specifically omitted from the Representative's
duties are any review of the Contractor's safety precautions,
or the means, methods, sequences, or procedures required
7,
.
.
for the Contractor to perform the work but not relating to
the final or completed Project. Omitted design or review
services include, but are not limited to, shoring, scaf-
folding, underpinning, temporary retainment of excavations
and any erection methods and temporary bracing.
(4) The Project Representative shall maintain a
log of the field activities.
6. This modification shall be subject to the issuance
of a grant and/or amendment for Step 3 Construction/Construc-
tion Services by the New York State Department of Environmental
Conservation and United States Environmental Protection Agency,
before it shall be effective.
7. USEPA Requirements:
The CONSULTANT and all subcontra(~tors agree to in-
corporate the USEPA "Required provisions, Consulting Engi-
neering Agreements" (40 CFR 35E Appendi:( C-l), dated Septem-
ber 27, 1978, as Appendix "B" to this Aqreement.
Inasmuch as the CONSULTANT's pro:Eessional liability
insurance is inapplicable where remedies are by binding
arbitration, the parties herewith agree that the provisions
of USEPA Appendix C-l, Par. 6, REMEDIES, shall be resolved
in a court of competent jurisdiction of the State of New
York.
8. Authorizing Resolutions:
The TOWN herewith certifies that it is properly con-
stituted and empowered under the Laws of the State of New
York to enter into Contract with the CONSULTANT and has
duly authorized the SUPERVISOR to enter into and execute
this Contract, a copy of the authorizing resolution, dated
the 19th day of April, 1983, is attached as Appendix "Co.
9. HOLZMACHER, McLENDON & MURRELL, P.C. is a New York
Professional Corporation doing business at 125 Baylis Road,
Melville, New York 11747.
8.
.
.
IN WITNESS WHEREOF, the parties her,~to have hereunto
subscribed their names, affixed their respective seals, the
day and year first above written.
FOR THE TO'irn BOARD
TOWN OF SOUTHOLD
(SEAL)
~.dJJ. ' _~../?..at Tfj
William R. Pell, III, Supervisor
(SEAL)
CONSULTANT:
HOLZMACHER, McLENDON & MURRELL,
P.C./H2M CORP.
!:1!O<<;.~d.
Vice President
AMa
W?U~
Town Attorney
9.
. .
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
On thiso?f*l'day of
/fj7,e/L
, 1983, before me person-
ally came WILLIAM R. PELL, III, to me known, and known to me to be
the Supervisor of the Town of Southold, described in and who exe-
cuted the foregoing instrument, and he a.cknowledged to me that
he executed the same as and for the act and deed of said Town.
~.d!a-L~. ,~/
{/ NOTARY PUBLIC
I,' ,,",J
f~C:lY'" _," c.r i:,::w Y8r~
\ 'J ';:,,:> ::>_;::C.,1I\ Crl::1ttnO::
C0:1'1I':-lbS::Jil LiT'ires f'J1arch 30,~-g-
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK)
tA /2- . ..,
On this.;'? day of ~
, 1983, before me person-
ally came HAROLD A. DOMBECK, to me known, and known to me to be
one of the officers of the firm of Holzmacher, McLendon & Murrell
P.C./H2M Corp., described in and who executed the foregoing in-
strument, and he acknowledged to me that he executed the same
as and for the act and deed of said firm.
~~ ~. ~~rt:_~&~'
NOTARY PUBLIC /
PATR'ICIA A, KOSUBINSKY
NOTARI' PUBLIC, Slate of New York.
No. 4737817 . Suffolk County
Certificate Filed in Nassau County
10 . Commiision Expires March 30, 19 'J-
.
APPENDIX "A"
USEPA FORM 5700-4l
DATED JANUARY 7, 1983
.
COH
OR PRicE SUMMARY FORMAT F.SUBAGRE-EMENTS UNDER U,S, EPA GeTS
(St'(' iH:nl",,)(_w}';ng ino,;trudwn.o.,; before c()mpldll1~ this furm)
Form Appro\,t'd
OMB "No, 158"-R(ll~~
PARTI.GEHERAL
,;~. GRANT NUMBER
1. GRII.HTEE
Town of Southold
3. NAME OF CONTRACTOR OR SUBCONTRACTOR
HOLZMACHER McLENDON & MURRELL P
5. ADDRESS 0" CONTRACTOR OR SUBCONTRACTOR (/nc'ude ZIP code)
125 Baylis Road, Suite l40
Melville, New York 11747
41. DATE Of PROPOSAL
STEP 3 ENGINEERING SERVICES
d. OTHER (Spec"" c.,."rl..)
PART II.COST SUMMARY
7. DIRECT LASOR (Spec",. lebor cet.,or',,)
ESTI.
MATED
HOURS,
HOURLY ESTIMATED
RA TE COST
Jo Meetinqs, Shop Drawin s
Start-up Services ,.....Problern
Resolution Construction Obser
$
$
T
DIRECT LABOR TDTAL:
eo INDIRECT COSTS (Spec",. indirect co., pool.)
Over ead
INDIRECT CDSTS TOTAL:
9. OTHa,. DIRECT COSTS
III. TRAVEL
1 TRANSPORTATION
(2) P,. D.....(Printin
b. EQUIPMENT, MAT~RIALS. SUPPLIES (S".cllr ute,orl..)
QTY
COST
$
$
EQUIPMENT SUBTDTAL:
ESTIMATED
COST
c~. SUBCONTRACTS
S
SUBCDNTRACTS SUBTOTAL:
DTNER SUBTOTAL: ,
.,1 OTHER DIRECT CDSTS TOTAL: '
10" TOTAL ESTIMATE~ COST
11. PROFIT
12. TOTAL PRICE
E PA For'" 5700.41 (2.76)
PAGE' OF 5
PART III "RICE SUMMARY
----
I),
COMPETITOR'S CATALOG LISTINGS, IN-HOUSE ESTIMATES. PRIOR QUOTES
Ondic.,. b..i. lot price camp_daon)
MARKET
PRICE1SI
PART IV.CERTIFICATIONS
14. CONTRACTOR
14.. HAS /II. FEDERAL AGENCY OR A F~DE'IA.LLY CERTIFIED STATE Of' LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACC:;OUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL. GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHST
00 y ItS 0 NO (11 ..Y.... ,IY. ne"'_ ,.rId,... ..nd ,.'.-phone "umber 01 r.,,'ew/n, olllc.)
DCAA, Garden City, New York
(5l6)
741-8000
I"b. THIS SUMMARY CONFORMS WITH THE ,.OLLOWING COST PRINCIPLES
40 CFR 30-700
'''c.
This proposal i~ submitted for u~e in conn~ction with and in response to (1) Step III Services-
southold Scavenqer l~aste plant . This is to certify to the best of my knowledge
and belief that the cost and pricing data summarized herein are complete, cu:'rt'nt, and accurate as of
(2), 1/7/83 and that a financial management ,oapability exists to fully and aceu-
ratelyaccount for the financia~ transactions under this project. 1 further c,ertify that I u~derstand that the
subagreement price may be subject to downward renegotiation and/or recc>upment where the above cost and
pricing data hAve been determined, as a result of audit, not tO~have been ~Iele' current and accurate as
of the datr. above.
(3) , ! 1/7/83 M ,1 {(tICI-
DATE OF EXECUTION SIIGNATURE OF PROPOSER
H. A. Dombeck, P.E.
Vice President
TITLE 0" PROPOSEA
'4. GRANTEE REVIEwER
I certify that] have reviewed the cost/price summary set Corth herein and the proposed costs/price appear
acceptable for 5l1b:.greement award.
0/;(7 ,'L, ~~ I<?>?~
OATE OF EXEC TION?
A'1.V..J L~ ~ P ....t.LL'Yi-.
lllGNATURE OF fIlEVIEWER
Snpp.:rv;~nT' Tot.7n n'f C::r.ll+-hi"'\'~
TITLE OF JtEYIEWI[R
16. EPAt. REVIEWIEA (II .,.pllub'.)
!iIGNATURE OF RlEYIEWE'"
DATE OF EII.ECUTION
TITLE 01- REVIEWER
P"GE20f5
EP.... FOlmS700.41 (2.76)
.
.
"
EXHIBIT I
TASKS
TASKS
DESCRIPTION
1
Attend job meetings, participate in resolving
contractor problems, prepare payment requests -
certificates and invoices for the various
contractors and perform other minor miscellaneous
duties during construction.
2
Provide start-up services after construction
is completed including: directing the operation
of the project, revising the 0 & M manual to
reflect actual operating experience, personnel
training, and evaluation of project performance
standards.
3
Prepare Operation & Maintenance (0 & M) Manual
for Southold Scavenger Waste Treatment Plant
personnel.
4
Provide resident hourly inspection during
construction. Estimate based on 40 hour work
week - l2 month construction period.
Field Engineer to review shop drawings for
conformance with plans and specifications.
See next page for hour by task breakdown.
.
.
EXHIBIT I (continued)
HOUR/TASK BREAKDOWN
AVG.
LABOR TASKS TOT A]~ HOURLY TOTAL
CATEGORY 1 2 3 4 HOURS RATE ($) COST ($)
prin. Engr. 16 8 24 28.00 672
Proj. Manager 40 24 24 88 20.25 1,782
proj. Engineer 320 80 60 460 15.75 7,245
Field Engineer 2000 2000 14.00 28,000
Staff Engineer 200 200 14.00 2,800
Tech. Typist 64 64 8.25 528
Typist 32 l6 48 6.75 324
Repro. Personnel 32 32 5.75 184
TOTAL COSTS
$ 41,535.
$ 68,533.
$ 3,000.
$ l6,932.
$130,000.
Sub-Total
Indirect Costs
Expenses
Fixed Fee
.
.
APPENDIX "B"
REQUIRED PROVISIONS
CONSULTING ENGINEERING AGREEMENTS
40 CFR 35E APPENDIX C-l
SEPTEMBER 27, 1978
.
U","'.,. 11,
.
,roUAL IfGnTTl.. '1'01.. ..... MO. 1__..IOHlIO"".
.\IUS AND .IGUI.ATlONS
An....IS C-l-R-.o.... "'o..IIOJlI-
CO".V1.n... EIIOUfa:&.lllG Aca.a:KDfTI
1,0........
1. Rcsporwlblll", of the EnctMf'f
J. Scope ot "'oR
4. ChU'lI'M
I. TfnnlnaUon
..~-
'0 Parmcn'
.. Pro,)ec\ [)a;11fII
.. Audit; A~ t.o Recordl
10. Pr1ce Reduetlan tor' OefK1.lyor Cost. or
Pr1clnc Dota
11. Subcont.nd.l
12. Labor 8tandardl
13. Equal Emplorment OpponunltJ
14. UI.UIzaUon of Sm&U or Mlna"L, Bust.
...
U. Cownaal ,u.uwl. ConUn.e-nt Fen
.1. OratulLle:.
11, PaLenta
11. Coprr1chu and RI.htA In 0&\&
t. CD'I'D.AL
(.) The owner and the enl1nr-er acne Lhat
the fol1owtnc pro...lonl appl, Co tbe EPA
IfT1U\wllltble worll to be ~rfonned under
lhla a,nemenl and that 5u.eh provtaloftl IU-
~Dede an:r ~nmCUnl provtslona of th'"
",,",ment.
<<bJ Thor worll under thla qreemenl la
funded in pu1 bt a .-rant from the U.8. En-
ylronmental Protf'rUon A,ene,. Helthtf the
United Statel nor the U.S. D,,1ronmentaJ
Protertlon Alene, (hentnafin. "EPA'"11 a
part, to thll ...,.~ment. Thls -..re~ment
which coven rnnt'f'II.tble won is subject
to rerulatloN contained in 40 CFR 35."'.
".'3'. and 15.931 In f'fff'Ct on lhf' date of
uecutlon of thla alT""'mf'nt. As uS4"d In
these elauxs. the wurm .'thr dllte of exf'("U.
lion of this &(TrTmf'nt" mun the date of
u~ut:on ~t thl. "ITl!f'm4"nt Md any ~ub&e.
quent modtnnUon of the tf'M'NI, romPf'n,sa,
Uon or 1Cl"lPf' of ftrvlcl"S pprtlnf'nt to un~r.
formed .orll:,
leI The owner', rhthlA and rf'mrdlr, pro-
ylded In these cla~ 1U'f' In llddltlon to any
other rtRhta and rrmf"dif'1 oro\"lded by law
or thla ..~mf'n'-
S. "'I"(UUlaIUTY 0' Tile U1CI"ED
Ca. The' tn,'"....r ,hlLlI bf" "'!Jp'nsiblr tor
thr proff'Sllonal quality. IH'hnk"al &(T'uraty,
IImf')' romc:MUon. and t hf' coomlnllt!an of
all df!SII1\l, drawln.., 1Pf'{'Ifk-AtioN. ",portI,
and othrr wrvk-r.tl fuml~hf"d by thf' rnct.
nft'r undfor thll qt'f'flnf"nt. The rnlnnf"4"r
.hall. without addltlon..1 romPf"naatlon, ('Or.
rf'('t or r4"vW any f'rTnn. oml""lona. or other
df"flclrnrtN in hLl df'll'lrna. dr....tn..~. '~dtl.
ntlon.s. ",pol1.l. and othf'r tw"mra
lbl 'l1w rn.IMPr ,haJl prrlorm ~uch pro-
ff"MlonaJ .w"k'e. .. ma,. bf" n"N'~ary to a,('.
('ompllAh the .orll: l"leCIvll"'t'd to M Pf'rformf"d
undf"r thLl ...,-ef'm4"nl, 1n ...rordlUlC"f' with
this &<<n'f"mrnt and appllcAblr EP.\ requ!n.
mf"n~ In ~"eet. on Lbe dall of ""l"("utlon of
thla qt'H'dImL
le) TIlt" oWllrr', or F;PA', appl"OvlU of
dra...lnp, df'lttp\l, 1r--lfluUON. ,,.porta,
..nd lnt'idf't'lt.al "nl1n,.mt'l1 work or matf"rl-
Ills tumiahH he~lInd,.r ~h.1I not LIl lUlY
wa,. rl'lI~v,. thr ~nl1nf'f'r 01 rt'llpnnsiblllly
for I.h~ t<<..hnk:a1 "df"Qu,,'y of h.. .'nrk. N.'l.
th~r tht awn"". nor FoP.".. r,,"If"W. ..pprovM.1
0' an:epl4nft" nl. nOf" flaynwont lor, .....y of
lh,. 'W'n'iC'P'5 shall br ('onaU'u,.d to opt"ral,. """
a I.....I\-,.r of any rhch!.s 1I",t..r I hl~ .hf,....mt.1l1
1911
or 01 an, cau~ of acUon at1aln. out ot the
Pf"rforma.nce of thll ...,HmenL
cd) The en.lnftr ,hall be and ahaJI remain
lI.ble. In acC'Ordanc:-e with apptlcs.ble taw, for
all damacetl t.o the owner or EPA cawnt b,
the e-n.lftftr', De.llpnt performance 01 UI7
of the K"~ twnllhecl undu lb.. ~
menl, ucept 'or erron. omlsllonll or other
deflcleodel t.o the ,ut.ent .L....lbutable 1.0 Ule
owner. owner.funl...hed datA or &Il7 Lhlrd
put,. The- enllneer ahall not be respoaa1!)te
'or an, t.1me MI""l. In the project eauaed b,
drcuml~ be'<Dnd \he en"neeu', coo-
trol Where tnno,'aUwe proce~ or LK,b-
nlQueII f.ee 40 ern )I,toI} an recommend.
ed b, the en.mHlr and: are uaecL the ervt.
neer ,haJJ be Uable oDl, for noM fte.llcence
to the uteRt 01 IUI:h ......
I. Icon or woo
The ICrvlcel to tie performed b, the met-
neer ahall lndude all 1en1cea l'I'QuJred \0
complete the tuII. or 8tep In aceord&nce
..tth appUeable EPA ft~lat.1onI <<60 CFR
Part 35, Subpa,rt I~ lD eUed on the .... .1
eJlecutlon or th" I~ment) to Lhe nteRt
of the leope 01 work u dellned and liet. out.
in the cnJ'tneertn. ~"k:a ap'ftmeat to
which these prowlalona U"C a\t&ched.
t.CJIAJ'IaD
fa) The owner n,&1'. al an, time. br .....\.
ten order. mate chU\l't't wtt.htn t.he .meN
ICOpe of this &CTternrnt olD the tervtcet or
worll: to be pe:rfOrD'ed. 11 ,uch e~eI caUM
an lnereue or dt~re"" in the enNftr',
c:oA. of. or lime J'e(IWed lor, perfonoa.nee 01
an, lervlcea undel' thla acr'I=flDent. whet.ber
or not ch&nled blr anr order. an equitable
adJ\Utmf'nt sP\alI be made and thLl ..-ree'
ment .hall be modified lA WTttln. aceordlN-
I" The enc1neoer rnust. UMrt UU' cJ&im lor
adJUltment undel' thla clauee 1n wrltlna
within JO tSa,.. tTtll1l the date of receipt b,
the en,ineer of Ule notlttcaUoa 01 chanp,
unl,.. the own~r lrranu a lurther puiod of
time bf"fore the date 0' ftnaJ pa)'llM'n' undf!1'
t.hla aveemt'nL
t b) No servteell tor whkh WI, &64JUon&!
eomPf!naaUon will be c~ b, ""I _nd.
nf'tr ,h..JJ be tumbhed without. the mUcn
authort2.aUon ot the owner.
fe) In lhe event that tbere II .. raodUka.
tlon ot EPA req"llremen~ relaUna \0 the
~f"r'VI('~ to M ~rformed undrr thLl ~.
m,.nt ..ner tht' date of enc:utton 0' thLl
..ref'ment, the tnereUPd or df'('rt"uf"d roet.
of ptrformance of the aervtCft provldrd 'or
in thlll acrerment ,hall be rf'nrded In an
..pproprlal4e mod.ltlcaUon at th1a &lTHramt,
t. T'EJltM1Iu.no.
c., Elthf'r part, Dl&1 tennlnMc thll aJTW'
ment, in whole or In pvt., In .rlUn,. U the
olht'r plU'l, 'UMt.anUaU, lalla to fultW lu
obll.:\tlnns under thil ...-n"tmen( throuch
no fAUlt. of lhr t.f"I'mlnAUn. p..n,., Ho.-tnr,
no ~t1('h If'rmln,,U'Dn m..y be f'ffrdf'd unln'
the IJther p&t"t, LI.lnn t I' 001. Iu. than ten
110. ca.lendar da)'.1 written nolloe (dellvued
b)' ('erUfled mall. rt"twn r~lpt rf'Qt.lutN)
01 lnlrnt to u-rmlnate and (2) an opportunl.
ty for ('oOluJl"Ul)ft _tUt tnl l.t'nnln..Un.
p,,,t~ bf'lore t.4"nnl,naUon.
I b' The owner 111&)' tennlnaLe thY ...-T~'
m..nt.. III whole or In put. III wnUnc. for lu
ron..."nl"noe, If the ....rm!natlon '" ror ,ood
r..u.o;,. l.uch u for le.al or UnanclaJ r~-..oGll,
maJOl' ChUUlM tn \he work or prDlJT&m ,...
quirrm,.ny" InttlalJon of .. nf'W .If'p' and the
"n.tn~,.r I.. IIIH'n I II not If'_ lhlUl tM 110'
r"lf'n\tu dAy~ ..rIU,.n noLl('f' ,d"lhrrf'd by
.'
..r\lfled moll. retum receipt "'1\1-> 01
lnt.enl to \ermin.toe. and C 2. loft opportunlt,
lor conlult.aUon with "he t.ennlnaUn. put,
before t.ermlnaUon.
fe) If the owner t.eftnlnat.el rot' default. an
equitable ad,JUltment In U'Ie prIcI pronded
tor In thll aareement ah&ll be 1D1de. but (1)
no amount ahall 1M aUowtd for anticipated
profit on unperformed _nIcd or other
work. and (1) an, p&J'1Dent. due t.o the encI-
Mer at the UIDe 01 termlnaUOa. ma, be ad-
Juawd to the uten" of anr IIddIUonaJ ~
the own,r lMUrI bee&ue a' lhe ~eer'.
del.u1t. II the enatneer t.ermlnateo lor clo-
t.uu. or U the owner tenntnal.el for conYen-
lence. the equitable ad,Ju.ttDent .hall In.
cluck .. reuonable profit tor ten1cel or
other work performed. 'Ibe eQuitable ad.
Juatmenl 'or anr termination .hall provide
tor parment to the .nameer lor IIerYlen
rtndered r.nd eapeNel lneUn'ed beton the
t.ennlnatilon. In addition to tennlnaUon ~
Uement eo.tI the erwtneer reuonabl,
~n nlatan. to commltmeata which had
become ttma before lhe tennlnaUon.
cd} Upon recetpt at . termlnatlon action
under p&rNl'&PM (a) or (b) t.bove. lhe end-
neer .haJJ. (1) pf'OlllPtlJ' dLlconUnue .JI .,-
vtca &ffeeted (unlnl the notice dlrectI olh.
erw'-eJ. and (2) dellYef or otherwtH ma.ke
avllllable to the owner aU data. drawln...
lpec:lficaUona. report.I. e:sUmatet. Iwnroar.
lea. and IlUCh 'Other lnIormaUon and mat.ert.
w .. Ute enetneer IDa, have ICCUmulated
ln pertormlnl thll -.reement.. whether com.
pleted or In proc:aa.
(e) Upon t.ennlnaUon unckr pt.l"l.lf"&PhI
(..) or (b) ..bon, the owner m.., take over
the work and proeecute ..he ame t.o compte.
lion b, &I1"ftment. with llDo..her put, or
othenr1M. An, won tbe owner tates over
for completion wW be complet.ed a" "he
owner'l rtat.. and "he owner will hold harm.
leM t.he endneer froll'l all clalmI and dam.
ant &rtam. OUt. of trD.pro~r we of t.he en",
neer'l work..
f fJ U, &Iter termlnaUon for f...lure of "he
tnctneer to fuUW eontrvtu&1 obU.allON. It.
1.1 determined th.... the e"l1neer hfU:I not 10
f..Ued. the termination Ih&lJ be deemed to
hue been etfect.ed for the con'fnlence of
the owner. In such event.. a4,tuatment of the
,nice provided for In "hb l.ITeemf!nt ,haJl be
made u panrnph (c) of ..h" clauae pro-
yldl!lL
I. ItDIDla
beept u t.hLl qreement othf'~ pro-
vtdes. all el..lml. counter-clalml, dllpulel.
and other m....ten in quetUon bet ween ..he
owner and "he ellltneer utaln. au" of or re-
I..tln, to ..hlll.lTeement or the breach of It
...11I be decided b, U'bl..raUon II the partla
hereto mutuall, -..nt, or In a court of com.
petent. JurUcUcuon within the State In
whleh the owner "located.
,. PATJilP't
c..) Pa)"men" IhaJJ be made In accordanee
wtth t.he p.)'1I'lent IChedule lncorporaled In
thla .....eement. .. aoon .. practicable upon
lubmIMlon of ltatementa requ..Un. pay-
ment b, the enctneer t.o the owner. If no
luch p..""ent achedwe II Incorporated In
thll ......ment., "he p..rment provlllons of
para.-n,ph (b) of thll cl..u.ae ,hlLll appl,.
(b) The enttneoer ma, reques" monthl,
PI"DIT"I paymenu and the owner Ih&JI
m....e them... lOOn .. PACtlcable upon flUb-
mlSllon of ltatemenUl rrquelUn. payment
by the enctneer t.o the OWTlf'r. Whf!n !Ulch
pro..re_ paymentlare madf'. the owner ma)'
.
IUUS AHD IiOULA noNS
withhold up to ten (10) perttnt. 01 lhe you.
chered &mOW\1. untll ..U.factory completion
b, the enllne'e' of work and service. within
. .tep c-aUed for under thll &CI'ftment..
When the owner Mlennlnee th.... "he ..on
under th. apfttDent or &lI' lpectlled tu'
hereunder .. INbltantlaJl, complete and
that. the UDOQft" of retained IWrcentacel ..
In nee. of the' amount. coMldeR'd b, him
to be ..seQua&e for h.. prol.<<Uon, he IhaJJ
releue to Ute enatn~r auch UC'1"81 amount..
(c) No payment reoQuea" made under pan..
I1"&Oh C..) or fb) of ..hll cI..u.ae ahlLlI ueeed
"he aUmi&W'd amount and yaJue of lhe work
and Hf'Yka performed b, "he enrineer
under th. IICT'f'8ment. The enl'lneer ,hall
prepare the ettlmatft of work performed
and .hall IUDPtemen& "hem with luch IUP.
portlnJ data .. ..he owner mI.' require.
(d. Upon ...t..factor, ~pleUon of the
worll performed Wider lhll &lTeement.. .. ..
condition precedent. to final pa,",ent. uncIer
thll &lTeemmt. or to ....Uement. upon terml.
n..Uon of the "-,,eemenL. the en,met'r IhaJI
execute and ckllver t.o "he owner a releue
of all clalma aca1Nt. the owner u1Iln. under
or b, virtue of thll acreement. other t.han
luch clam.. If an" .. ma, be lpedtlcall,
exempt.ect b, the en"neer from the oper.
..Uon ot the rel~ In stated amounta to be
IIet for1.h therein.
.. Plto.ncT Date..
f..) In the perfonnanee of ..hll I.CTftment..
..he eftlintft' Ihall. to the utenl practicable.
provide for lDulmum UH of .tructures. ma-
C'hlnel. product.l. matert...... eoMtructlon
methoda. and. f'(Iulpment which are rudU,
anOable throu.h compellUve procurement..
or throuch It&ndatd or proven production
technique&. met.hodl. and p~ conallt-
ent. wtth 40 CP'R 1$.138-3 and 3&.131-13 In
effect on the dal.l' of uecutlon of thLt acree--
ment. noept t.o the u"en" to whleh lnnoya.
tlve technolon ma, be uaed under 40 CFR
3&.to8 In dfm on the dale of uecutlon of
thl.a(1"f'eftIf!n".
(bl The f'ftdn~r .hall not. In the perform.
ance of the work under thls &<<teement. pro-
duCt' .. destrn or ~peclflcatlon .hlch would
rf'qulre the Ole of ...ructurea. machine..
produeu. m..terlab, cons..ructlon me"hodl.
equipment. or processes which the f'nrtneer
knoW1 to be .....n..ble onl, from a IOle
8OUtcf!. UtlIe.a the en,lnf'Cr h... adequate-I,
JUltllled the u.e of .. JOle lOurce In wr1tln,.
(CI The I'nrtntf'r IhaJl not. In the perform-
ance of the .orll under th" .....eemen... pro-
duce a ~Icn or ~peclflr...Uon which would
be rHtrk:tlwe In ylolatlon of sec. 204(..)(1) of
the Clean W..t.cr Ad. Thll Itat.Ut.e requlrea
th..t no specification for b'da or ItaLemen"
01 worlllhAlI be written In such.. mannf!r AI
to contain proprlelarY, udualonar,. or at.
crlmlnatorJ reoQulrementa other than thoee
bue<l upon ,performance. unl.. .uch reo
qulremf'n~ are n<<f'SSU' to telt or demon.
atral.l' .. specific thln,. or t.o prov1de for nec.
cuar, Inkrchanlnblllt)' of pacta and
equipment. or at In,5" two br&nd nanu". or
tradf' nunea of C'Ompu..ble Qual It' or Utlllt,
an lL.ted and Aft (ollowed by the worda "or
equal." With rf!tard to materials, If .. sln,le
malf'r.al 1I .p<<tflf'd. lhf' f'nltn~r mUlt be
prf'pand to lubltantlat.c the bull ror the
.w.lmlon of the matrri....
'dl Th~ en<<tnet"r ..hall rf'port to lhe owner
any aolf'-~f'<< or rrllLrt"tln df'AII'ft or ~pet'l.
flcaUon tlvln, the ff'uon or rrUQns why It
la nKf'~' to ",slrlC't. lhr dr-5l,n or !tpH'trl.
C'allon
.
.
(eJ The enrtnefl shaU no" knowlnll,
Itpeclf, or ..pproft ..he performanee of work
l.t . f&clllt, which II In ytolaUon of clean "'r
.()f water stand..... and whkh II Ibted b,
'the Director of the EPA Office of PederaJ
Actlvltlea under 40 CFR Pvt 15.
t. UI1IIT: Acca. TO tKOaM
<<..) The endneer Ihall malnt.a.ln boou.
recorda. docwnenla. and other eYtdenee dl.
redJ, pertinent. to performance on EP A
1T&ft" work under thll acreement In accord.
anee ....t.h .enerall, ~pt.ed lCCOuntln,
pr1nclpls and pn.c..lca eonatstenU, ap-
plIed. and 40 erR 30.101. 30.101. and 3$.'31-
, In effect. on lhe date or execution of thl8
&lTffment. The enctnee:r ahaJJ t.bo main.
t&In the flnandal lnform.Uon and d..ta wed
by t.he enl'lneer In the prepuatlon or .up-
port of "he COlt IUbmlsllon requlted under
40 em n.V31-t(bl In effect on the d..te of
uec:uUon of thll qreement and .. cop, of
"he COCIt. sWIUIIU'J' lubmltled to the owner.
The U.S. Envlronment.&1 Prot<<tlon Alene,.
the Comptroller QenenJ of the United
States, the 0.5. Department. of Labor.
owner, and (the Stat.e wal..er poUutlon con-
....01 uene,] or "'" of "helt dul, .uthortzed
~pruentatlYf>> ,haJJ h..ve ac:teu to luch
boob. recorda. ctocumen.... &lid olher evl.
dence for tnaoectlon. ..udlt.. &nd cop,In..
The endneer wtll provide proper facilities
lor .uch ICCtsI and inspection.
fb. The endneer .....ea to Include p.......
.,apha l..' throulh (e) of thLl cl..u.ae In all
hl8 contnc:la and ..U lIer lubC'ont.ncU dl.
recti, rel..l.ed to proJeet. perfonnance th..t
ue In UceaI of 110.000.
(cl Audlu conducted under thLl proYlalon
shaJJ be In aceord&nC'e with .enerall, a.e.
cepted aud.ltln. stand&l'da &lid established
procedura and rutdellnel of the revte~
or audIt acenc,OfS).
fd) The enatnHr t.lTftI t.o lhe dbc:loeure
of aJl lntorm..Uon Uld "POtU resultm.
from &CX't8B to ne<'Orda under p........,.phl C..)
and (b. of th" C'1..uae. to an, of the acencle.
rderred to In p..,...,.ph t..l. provided th..t
the enctneer II a.UorMd the oppor1.unlt., for
an audit nit conferen~ and an oppor1.unlty
to commen" and IUbml" an, ,upporttn, doc.
umentaUon on the pertlntnt portio", of the
draft audl" repor1. and t.hat the flnaJ audit.
r",port wl1llncJude WTIlt.en commen~ of ru.
sonable' len~h. If &11.,. of lhe en.meer.
Cel The e'nrtnle'f'r .h.u malntt.ln and m....e
..vaJlable rKOrda under PanCT"APb8 f..) and
lb) of thll cla.usr durlnl performa.nce on
EP A crant worll under thLl .....eement and
unUI :. Yf'an from the d..te of nnaJ EP A
IT&nt payment for the proJPCt. In addition.
thoee fftOrda which relate to an, '.Dlapule"
appe" under &11. ErA IfW1t ~ment.. to
1I11,aUon, to the lettlel'Dent 01 clalml arU-
ln, out of such Pf>rformance. or t.o COIU or
.tema to whkh an audit. txC'tptlon h.. been
taken. IhaJJ be maJntalned and made ..v.u...
ble unlU 3 '!'an alter the dale of rtaolutlon
of such appeal. 1I11lallon. cI..lm. or excep-
tion.
10. nua IlDUc-rl0lf POI\ DD"'lCTlTI COlT oa
Pluct..a DATA
<<~u t'ldWf' U dPpllubrf' tI ~ 4,"0""' a/
tht.l (I~l Q"u(b IJD'.Df1D.)
fat It the owner or EPA drtermtnf'l th..t.
an, price. In"ludln. profit. ne,otlat.ed In
connf'CUon with Ihll ...-rf"f'mf'nt or any con
rrlmbunable un~r th.. ~ment w.. In.
r,.,.1l.M'd by an)' .,IlfT\lflC'anl IUlIU ~AUAf! lhe
"nc1n_r or ~y ,u~ntn,('lDr rumtlhed tn-
rompl.-l" or Inarrllt1l.lr coel or priC'lnl data
.<
I~r dala not turnn.. u orrtUlf'd in hll eel1.1n.
utlon of c;wTen1. co.! or prtcll\C dAta I EPA
tOnD .,GQ-41>>. then .uch pr1cC. eo-t.. or
profit 'h&l1 be reduced accordlnlJ, ..,d the
&lTeem..." .hall be modlIted In tn'ttlna &0
rCn.a .uch reducUoa.
Ib) FaIlure too ~ on.. nductlon .haU
be IUbJed loG the remedJeI clau.t of Ltlt.
..nement.
'1'101&-81_ 1M _t II ..._ 10
,.rchl~ttoA ....' U.u eraue h rft.IOII oJ"
led'" eod or .rici'" date .tlb",tIW '"
co"Md'-"" wi'" ~rt.f" .tlbeo"'nK'ta. tAc
~Q't1Ut'f' ftG, ""'^ to tftCltI4c . elatloM' tit
~lIC^ ,I&dl ,.6co'''''''' ,,"tit"'''' Uw .~.
tNoelof' eo ."""",ria", tJUUmftlh Uw rft9'f.
MC'f'. II .. oJIo upcc&e4 CAat ..., Ivkotllru-
10, ",'lief 10 ..cia ttWltmftf/lca'iotI Ill'IU f'f1l-
rrctU. ,..trY nbd.ftttaU, "",Ua" ."""'ft"
ftcat101l Jor dd<<t1or co.Il or prici". 401. n'-
qutrrd to be ,vbwlUtH by It.. lo\Dltr t~ .~
COilltNCCOn. )
II. '1'J"IOO1f"n,ACTI
(a) Aza7 lubeontr&Cton Ilnd outlldt U8O-
c:tl.ta or eonwltantl f'f'QutTed bJ lhe met.
neer In connecUon wtth Hrt\oeI under lb"
~nl wiD be lbnlledlo IIlCh Indl'fld-
uall 01' ftnnI U were eoecUleallJ tdentlOed
and qreed too durin. netoUaUon&. or u the
owner .pedfka11, authortr.el dunf\l: the
perfora&nCl of thll &I1"HftIenL The owner
mut dfe prior '&PIJII"OYaJ for an, .uhatllU'
llona In oraddlUonI t.o .ueh IUbcOntract.on.
-.oc:takl. or CiONUlt.an~.
(b. Tbe enctnefl' mal noC. IUbcontnct Iift'.
riceI In e'ICftI or t.hiRr (30. pel"'C~nt. (or
.........-- pereoent.. If the. owner and t.he ~-
neer heRb, acee) or t.he contract prklt \0
.ubc:Gnt.nct.on or eonN1tantl wtthO\lt the
owner'. prtor written approval.
aI. u.aoa STAJftlioUM
To t.he eneftt. th.... thll acreement. In-
'1'01,.. "CDN..rucUon" (u defined bf the
Stcre'tAr'J or Labor).. t.he endnftr atTftS
t h_t mch corwtruc:Uon work .h&1l be IUbJ~
to the fol1owtnl I..bor ...andat"CII prov1sloN.
to the t'lt.ent applicable:
c.) o.n.-BlCOn Act (to V.S.C. 278&-
rr... ,,:
tbt Contract Wort Roun and Safet,
~ Act 140 O.8,C, 31'1-3331;
te) Copeland A.ntl-Kh:tbaCk Act. (II V.S.C.
8141; am
(d) Executln Order 11248 (EQual Employ,
ment ~rtunltYr.
and lmPlementinl Nles, teI\ll.tlonl. and
relevu" orden of the Secretary of Labor or
EP A.. The enctneer furt.her &lTeu thA" thLt
l.I7eement .hall include &nd be subJtct to
the ''LAbor etandudl ProvUlOnl lor ~der.
ally AIoIlIt.e4 CONl1.rUeUon CODtracU" tEPA
lorm 1120-4) in effect .t the time of UK\!'
Uon .r thla &lTe-ement..
u. l'lII'CU.L mPWTlRJI'T OPPOl1'V''lTT
In aoeonlancoe with EPA polk, u u.
IJ~ in .. CFR 30.620-1. the endneer
...reeI that. he wUl notdbcr1mloat.e qtJnst
anI emplo,ee or appllcan" ror rmploymmt
botnuae or nee. relllllon, color. seJl. ace. or
n.UoaallM1cln.
It. vrn.I1AT'lO" or nuu. An 1llnrolltn'T
aOlll'DI
In ~rda.noe with EPA polkY .. f'X.
IlrMled &n 40 CFR 3$.On-1. lhe et\.lnf'Cr
acreet th.t quaJ,IUed arnaU buatne.. and mi.
norit$ buAlnefll ent.ef1)n.u alu,U hue U\.e
maximum practicable opportunity to p.r.
.
lUllS AND REGUlATIONS
tlclp.u in the perlonna.nce of EP A p'anl.
....tat.cd contncU and .ubeontruu.
It. CO'f'1:l'AJI"T ",CAI"'" ro,"I"Oan' nu
The enlrtneer "uranu thaI. no Pff1K)n or
.Ulnc acene, 11M bNn emplo,ed or re-
tallWd to .ullclt. or MCU" ..hLt contract. upon
an ...,eemen.. or undent&ndtnl lor " com'
m..lon- pererntace. brollerace, or contln.
Imt fee. neeptln, bona fide emploYe.. For
breach or vlol.tlon or thll warrant, the
owner .hall h.ve the r1,h" to annul Ioh"
qreernent without llabllll, or in Ita dlacre-
lion to deduct from t.he contract price or
conslder.tlon. or ot.herwLte recover. lhe lull
amount. of .ueh commLu~n. percentace.
brollerace. or contlnlent fee.
u. GUTUnlD
la' If It .. lound. &Iter not.ke and hurtnl.
b, t.he owner that t.he enllneer. or anI or
the t'nc1neer'. acent.l or repJ?M:nt&tlveI, or-
I,.red or lave p'"tultlet IIn the fonn of en-
tert&1nment, IlItI. or oth~n'lse). to any offl.
clal, emplo,ee, or ann" of the owner. of the
State. or 01 EPA In an ...tempt. to secure .
contncl or lavorable treatment In ....ard.
inl. anaendlnl. or maklnl any delenntn.-
t10nl tt:1.Led to the perlonn.nce of this
&CTe-ement, the owner ma,. b, wrltLen
noUee to the enelneer. t.crmlnate th~ nlht
01 t.he enrlneer to proceed under thll acree-
Menlo The owner m.y al-" punue olher
nlht.l and ftmt'<lle. th.t the law or this
acreement provtde.. Ho...ever. the ulsunee
of the facta upon ..htch th~ owner bIlKS
.uch findlNS .hall be In tJaue and m.y be
revte...iM1 in proceedlna' under the ~medlell
cla\Dlt of this acrf"e~nt.
(bl ID the even" thll ~ment Is unnl.
n.led AI proytded in pa,...-raph Ca) hereol.
Uu owner .haJl be entitled: II) To pursue
the l&Ine ~mtdJes .ulnst the enllneer u It
could pursue In the event 01 a breach 01 the
contract br the e'Il.tneer. And ~2)... penaJ-
ty. In addition to .n7 other damace. 1.0
whteh It mal be entitled by Jaw, to ntmpl.-
ry dunal8 In an amount f u determlnf"d by
the otmer) which shall be not Jess lhan 3
nor more than 10 Umeli the costa the enrt.
nHr Incurs m provldlnr any such IT'&tultles
to any ~uch officer or employt'e.
at. PATOT!
U this acn't"ment In\"'Olvn rr'5ea~h. devel.
oltmental. txPf'rlmental. or demof\5tn.uon
sork &nd an, dbrovery or In\.tntlon .rlses
or Is deVt'loPt'd In t.he couru 01 or undr.r
thb lLITeemtnl. such Invention or diM-overy
"h.ll be subject to th~ nportlnl and rllhta
provisions of aubpart 0 of 40 CFR part 30.
In ..fled on the d.te 01 t'lI.t<"Utlon of this
arl'ffment. tndudln. aplK"ndlJl 8 0' p.rt 30.
In such case. the enl1neer ~hall r~port the
discovery or Invention to EPA directly or
throu.h the owner. and sh.n olhf"n.ise
romply with the o...nf"r's rf"~pol\Slbllltlt's In
accordanee wtth subp.rt 0 of 40 CPR pllrt
30. The enrr1nrf'r &<<Tf'f'S that the c1lsposlUon
of nlhta to inyentlons m.de under this
allTtf'ment shan be in aet"ordllllC'e .'Ith the
U'nnI and condltloN of apPf"ndiX B. The tn-
clnp.r sh.n Inelude apf>ropM..te plllrnt pro-
vLsloN to achIeve thf" purpose 01 this rondl.
tlon In t.1I su~onln.rta In,'oh1n. r..~u~h.
de,...lopmf"ntal. ell.prrlmf'nt.1. or df'molulr".
tlon cor1l.
II. rol'Y'I;ICMT'S AJf1) _ICNTS U' DATA
III Ttwo f'fl.lnrer Il&'ff""" th_t any pllU1..'l.
dr...ln.... d..~I.n.s. ~pf"t.lfl('2.llon.... ("ompulrr
.
prort"&IM (which ....e IUbelAnU.ny p.ld for
with t;PA IfJ'"U'l fundi). tf:Chnlcal r..porta.
opt'ntlnl manuals. and other work .ubmlt.
ted with . step 1 faclUtlH plan or with .
step J or step :s Itant applkatlon or which
are spedfled to be dellyered under thla
~ent or which are develOped or pro-
duced and paid lot under thla .lftement
trere"ed to in ..hll cI..ue .. "Sub)eet
Data") are !ubJf'd to "he nlhLli In the
United Stala. u .et lorth In .ubp.rt 0 or
40 CFR part 30 and In .ppendlx C to 40
CFR plR JO. In effec" on the date 01 neeu.
lion or thll acTe-ement.. Dele rtlhta include
t.he rtlhl to \1M. dupltc.t.e. and dlKlo.e luch
subject data. In whole or In part., In any
maN1er for any p\ll'POM whatloever. and to
h.ve others do -". For pU~ or this
cI.ult!. "rrant.ee" u uaed In appendiX C
ref..n to the enltneer. It the m.tertal" co-
Pyr'lht.ble. the enrtneer m., copyrl,ht It.
as ..ppendlJl C permlu., subjeCt to "he nlh...
In the Goyernment In .ppendh: C. but "he
owner and the Federal Government reserve
a royalty.free. nOMJlelUlln. and Irrevoeable
license to reproduce. publish. and UM such
m.tert.lI. in whole or In part. and to autho-
rtze others to do 10. The enltneer shall in.
clude .ppropnate provtalON to achieve the
pufOOH of thla condition In all .ubeontract.a
npec:Wd to produce copynrht.ble .ubJect
d.....
fb) All such .ubJect data lurnlshed by the
enl'Mer punu.nl to this ..,~ment .re In.
atrumenu of hll Il!!rvkea In respect of the
proJf'Ct. It III undemood th.t th~ enllnf'f'r
does not represent such subject d.ta to be
lult..ble lor rf'U3I' on an, other proJecl. or
for any other pUf'1)OR. U the o'll'm!r reuses
the subJf'd. data wtthout lhe enl1neer', .pe-
clflc wrttten Yeriflcatlon or ad.pt.tlon. such
UUIt will be al the risk of the owner. with-
out ltabl1tty to the tn.ln~r. Any such ver.
ttlntlon or ad.ptatlon ..111 entitle the enl1-
neer to further compt'nntlon at ratet
aP'ted upon by the o..ner and the f'nl'n~r.
nDUAl UOlin., VOl. 43, NO. lU--WIDHUDAY. SI"I~ln 27, If7'I
."
.
.
.
APPENDIX "C"
RESOLUTION OF THE TOWN BOARD
TOWN OF SOUTHOLD
,PPENDIX "c"
Town Hall, 53095 Main Road
P.O. !lox 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
JUDITH T. TERRY
1m\'...; CUI{K
I{ICISTR:\R 01 VITAL SI \II~II('S
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold has engaged Holzmacher,
McLendon and Murrell, P.C. to design a Scavenger Waste
Treatment Facility in a contract dated April 19, 1983,
and
WHEREAS, the Town Board of the Town of Southold is the
governing body of the Town of Southold Wastewater Disposal
District, and
WHEREAS, the Town Board intends to apply for Federal and
State Aid, in conjunction with the construction of the
Scavenger Waste Treatment Plant, and the regulations of
the United States Environmental Protection Agency and New
York State Department of Environmental Conservation require
the retention of an engineering firm to provide services
during construction, now, therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he is
hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C./H2M Corp., to retain its services during construction,
and be it further
RESOLVED that the Agreement shall be subject to the issuance
n. a ~pan+ hv +hp United States Environmental Protection
} STATE OF NEW YORK I
' COUNTY OF SUFFOLK
Office of the Clerk of the ss:
TOWN OF SOUTH OLD
(SEAL)
This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in
the said County of Suffolk, have compared the foregoing copy of resolution
with the original resolution now on file in this office, and which was passed
by the Town Boord of the town of Sauthold in said County of Suffolk, an
the ...:!-.~.t.J.l...., day of ............~.P.r.J.J,..,......... 19..S,:;\" and that the same is
a correct and true transcript of such original resolution and the whole thereof.
In Witness Whereof, I have hereunto set my hand and affixed the seal
of said Town this ..2,Q,'\:,I1...., day of ......!!-.p.!;'.t~.....,................ 19..~,:;l,.
r
t
Clerk of the Town Board, TO~:::~~~~~~~:5r:-
,PPENDIX "c"
Town Hall, 53095 Main Road
P,O, Box 728
SOllthold, New Yark 1\97\
TELEPHONE
(516] 765-180]
JUDITH T TERRY
Tow!\; CURl\.
I{I-(;ISTR:\R or \'1'1'.\1 S 1\ IISIKS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD
AT A REGULAR MEETING HELD ON APRIL 19, 1983:
WHEREAS, the Town of Southold has engaged Holzmacher,
McLendon and Murrell, P.C. to design a Scavenger Waste
Treatment Facility in a contract dated April 19, 1983,
and
WHEREAS, the Town Board of the Town of Southold is the
governing body of the Town of Southold Wastewater Disposal
District, and
WHEREAS, the Town Board intends to apply for Federal and
State Aid, in conjunction with the construction of the
Scavenger Waste Treatment Plant, and the regulations of
the United States Environmental Protection Agency and New
York State Department of Environmental Conservation require
the retention of an engineering firm to provide services
during construction, now, therefore, be it
RESOLVED that Supervisor William R. Pell, III be and he is
hereby authorized and directed to execute an Engineering
Services Agreement with Holzmacher, McLendon & Murrell,
P.C./H2M Corp., to retain its services during construction,
and be it further
RESOLVED that the Agreement shall be subject to the issuance
of a grant by the United States Environmental Protection
Agency, and shall be annexed hereto, and be it further
RESOLVED that said agreement shall be subject to the
following:
(a) The adoption and taking effect of a Bond
Resolution by the Southold Town Board.
(b) The approval by the Town Attorney of all
agreements between the Town of Southold
and H2M.
-
.
.,..-
o.
'..
, l ~i
~ .' .
'"
JUDITH T, TERRY
TOWN CLERK
REGISTRAR or: VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 25, 1984
John F. Valentine, President
Valentine Heating & Air Conditioning, Inc.
P. O. Box AU, 500 Route 25A
Miller Place, New York 11764
Dear Mr. Valentine:
~
Town Hall, 53095 Main Road
P,O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
Whereas you have executed Contract #2, Heati'ng, Ventilation &
Air Conditioning, Scavenger Waste Treatment Facility, Greenport, I
am returning herewith your Bid Bond.
Very truly yours"
~L~(jv-
Judith T. Terry
Southold Town Clerk
Enclosure
...
f7,;,-.;<soc
'N/- fZ. it>
r
PROPOSAL (CONT'D.)
~........ HULlMACt<E". McLENOON ^ Mu""[LL. P.
. I~ \A,I<'O!\<'l'...o(OOCJ''''(''I..~,_..t'''.lsot'''''I\,,,.~''''I'''S
..
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DA'I'E: FEBRUARY 21, 1984
3ASE BID
The undersigned further understands and agrees that he is to fur-
.ish all labor, material, equipment, supplies and other facilities
ecessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-ll20-.03
CONTRACT No. 2 HVAC
(STATE CONTRACT AND CONTRACT NO.)
strict accordance with the Contract Documents for the lump sum price
NINETEEN THOUSAND FIVE HUNDRED SIXTY-FIVE and Cia/lOa dollars
(WRITTEN IN WORDS)
';;
19,565.00
(WRITTEN IN FIGURES)
, which is the Base Bid.
P-B - 1 .
.
.
u'
.
~........ HOLZMACHER, McLENDON & MURRELL. P'.C.
. LLfT' COIdUlIIOtQ'NQofIfI''''.'''~''''oI4.lOIl''''''T'I_''V.'''''''''
PROPOSAL (CONT'D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY,
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM 1~HE DATE OF SIGNING OF
"HE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
:HREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
JAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
:ONTRACTOR:
VALENTINE HEATING & AIR CONDITIONING, INC.
l\DDRESS:
PO Box A U
50D Route 25A
'ITLE:
'-
3IGNED B
'ATE:
Feb. 2l, 1984
\
, P-B - 2 1
,-
.
THE'MERICAN INSTITUTE 0' ARCHITECTS
I
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS,
Conditioning, Inc., 500 Route 25A, Miller
that we Valentine Heating and Air
CHert insert full ",me ,nd ,dd,e-" or Itl,llille 0' Conlu(lorl
Place, New York 11764 ,
as Principal, hereinafter called the Principal, and Union Indemnity Insurance Companv of New YorJ
. ___ ____ CHert insert full name and address 0' le,ar IlIle of Sure-1ft
260 Madison Avenue, New York, New York 10016
a corporation duly organized under the laws of the State of New York
as Surety, hereinafter called the Surety, are held and firmly bOlUnd unto
(Here insert full Nme and addle-u or Irlal tille of Ownert
-" ,
Town of Southold, Wastewater Disposal District
as Obligee:hereinafter called the Obligee, in the sum of Five percent (5%) of the amount bid
. Dollars ($ l,
for- the payment 'of which sum well and truly to be made, the 'iaid Principal and the 'said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,-firmly by
these presents. '
WHEREAS, the Principal has submitted a bid for Cpntract No.2. HVAC work for -
. (Herl: insert 'ull name, ilIddren Ind Cfescriplion of projecO
construction of Scavenger Waste Treatment Facility, Southold, New York
. "
NOW, THEREFORE.-If the Oblisee .haUaccept the bid 01 the Princip,,1 and the P,incipal .haU enle, Inlo a Cont..ct
with the Obligee in accordance wilh the terms of such bid,_oInd sive such bond or bonds as may be specified in the bidding
or Contract Documents with load and sufficient surety for the b.ithful pecrorm&nce_of such Contr~ct and for the prompt
p~yment of labor and material furnished In the prosecution thereof, or in the ,vent of the f~ilure of the Principal ,to enter
such Contract and give such bond or bonds. if the Principal..,h~11 pay 10 the Oblisee the difference not to exce~c:f'the penalty
hereof between the amount specified in u.id bid and such larser amount fol' which the Obligee may in Soad 'aith contract
with another party to perform the Work covered by said bid, then this obligation 5h~1I be null and void. otherwise to rem<1in
in full force and effecL . I , I,) ~
"
Signed and sealed this, --
21st
day of
February
1984
, )
(W;tne.uJ
-;?'
~. /7
/ . V
- F. Duffy
)
,',
,-
Valentine H:;;g[f1f![1 1"1 n: 'g (~.~;;c~
Pre:>. (Tid.)
(WHnessJ
Company of New York
15..1)
(Tille)
ey in Fact
AlA DOCUMENT AlIa. BID BOND. AlA e. f1BRUARY 1970 ED. THE AMERICAI~
INSTlTVrr Of ARCHITECTS; 17JS N,Y, AVE.. N,W. WASHINGTON, D. C. 20006
1
-
..
'U.niotl Indemnity Insura.e
Company of New York
Executive Offices
260 Madison Avenue
New York, N,Y, 10016
All authority hereb~nferred. unless revoked earlier,
shall expire and terminate, withp~t lJ<Qticel~~~s used
before midnight of. AprJ_ l,
PO~&!~~7 dbYORNEY
C)
C)
C)
C)
C)
0")
-<=-
'"
C)
u;;
KNOW ALL MEN BY THESE PRESENTS:
That Union Indemnity Insurance Company of New York
does hereby appoint: , , ,
John T. Osthe~mer, John J. Nett~s, Kurt F. Osthe~mer,
Gregory S. Ostheimer and Gail F. Duffy, all of Rye,New York
its true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make,
execute, sign. acknowledge, affix the Company Seal to, and deliver any and all surety bonds, undertakings,
recognizances. and other contracts of indemnity and writings obligatory in the nature of a bond, for and on
behalf of said Company and as act and deed of said Company, not to exceed Five Hundred Thousand
nd O(\/~lnn D 11 r I$SOO 000) any single instrument,
lji!rWITN'E'SS"WHE~EO~, Onion Tnaefnnlty Insurance Company of New York have executed these presents
this 31st day of March 19~,3
-fi~--I;/ ~
Richard L. Boyle, V~ce
STATE OF NEW YORK ) ss'
COUNTY OF NEW YORK ) ..
On this 31stdavof MarcPtg83 I::!eforemecame
the abolle named officer of Union Indemnily Insurance Company of
New York, to me personallv known to be the individual llnd officer
described herein, and acknowledged that he executed the foregoing
instrument and affixed the seals of said corporations thereto by
authority of his officlt.
lUCIUE SCHUl.'IZ
NotifY Public, Stale 01 Now Yo""
No, 03-4727511
Quellftod In 8,on. CounlVc.1
Tom> Explno. Merch 30, 1'~'"
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance .Company of
New York: March 17, 1980:
RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the
President. Vice President. an Assistant Vice President or Secretary of thi,; Company hereby is authorized to
appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, under,
takings. recogniza~ces and other contracts of indemnity and writings obligatory in the nature thereof, and
to attach the corporate seal of the Company to such documents;
RESOLVED, that the signatures and attestations of such officers and the sear of the Company may be
affixed to any such Power of Attorney or to any certificate relating to the Power of Attorney by facsimile,
and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract
of indemnity or writing obligatory in the nature thereof; and
RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing resolutions are
still in effect and may insert in such certification the date of the certi'fication but that date may be not
later than the date of delivery of the certificate by the Attorney,in-Fact,
I. Thomas G, O'Brien III, Secretary of Union Indemnity Insura'nce Company of New York, do hereby
certify that the foregoing excerpts of the Resolution adopted by the Board of Director of the corporation
and the Powers of Attorney issued pursuant thereto, are true and correct and that both the Resolution and
Powers of Attorney are in full force and effect,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 21st day of February , 19~.
,
a~~~K..
Thomas G, O'Brien III, Secretary
.
e-} 55,
-
.
. . .St~t& of
County of
c:
u
~ E
" '"
~ 101
> 'i
:c 0
c c
x
u
<(
On this
day of
. 19_. before me personally ca
to me knm
31,d known to me to be the individual dtescribed in and who executed the foregoing instrument, and acknowledged to me that he execu
the same.
My commission expires
Notary Public
-------------------------------------------------------------------
State of
County of
} 55,
c:
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E
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"
.; i
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c
x
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<(
On this
day of
19_. before me personally ca
to m~ known and known to
teJ be a member of; the firm of
dl~scribed in and who executed the foregoing instrument, and he thereupon acknowle'dged to me that he executed the same as and for
ae:l and deed of said firm.
My commission expires
Notary Public
--------------------------------------------------------------------
State of Yl e u..) 'I.,.. \.-<
County of S u""l't .
} ss,
On this -
';;>\
day of
~Io,
. 19 \ ql!>';\before me Ilersonally ca
~
c
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8."i
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o c
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:-T 01"" '
l=" V a. \ """\-;"'0
(-::>~s,
. to me kno\
who being by me. duly sworn, did depose and say that he is the
01' Valentine Heating and Air Conditioning, Inc.
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixec.
said instrument is such corporate seal; that it was 50 affixed by order of the Board of Directors of said corporation, and that he signed
nome thereto by like order, NANCY V, lAN! , ' ~
NOTARY PU8l1C, St." or New Y.rk ------j\.......... . \! 1.
~~ :~~~s~o: ~~~e~ _ _r~~.~.~~?~~,J~ ~~~::~ ~~:~~~ ~ _ _ __ _ _ _ _ _ _ ~ _ _ -'~~~r~:. _ _ _:~: _ _ _ __
State of
New York
Cc)unty of
Westchester
} ss.
~
c
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On this
21st
day of
February
.1984
.' before me personally ca
Gail F. Duffy
to me known, who, being by me duly sworn. did depose and say tf
he is an attorney-in-fact of Union Indemnity Insurance Company of New York
th,e corporation described in and which executed the within instrument; that he knO\lvs the corporate seal of said corporation; that the'
aHixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixedthe said seal as Attorney.in.f
by authority of the Board .of Directors of said corporation and by authority of this office under the Stanjing Resolutions thereof.
CARO~ A, CAReONE
N'otary PUbll~, Slata of Now Yorli
No, 4756~01
yualified In We!lt~hAd..... """llQW /
erm ExpIres March 3D, 191CY
a~ ~ a:~J
Notary Public
My commission expires
.
Ie
'1'
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or VITAL STATISTICS
Town Hall, 53095 Main Road
P,O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 25, 1984
Cioffi & Scanzano Plumbing & Heating Corp.
2704 Grand Avenue
Bellmore, New York 11710
Gentlemen:
Whereas the Town of Southold has now executed a contract with
Valentine Heating & Air Conditioning, Inc. for Contract #2 - HVAC,
Scavenger Waste Treatment Facility, Greenport, I ;am returning herewith
your Bid Bond.
Very truly yours,
cz ./'." - c' ..---:: ~
~-x:. ...-/ 'A0Y---
Judith T. Terry
Southold Town Clerk
Enclosure
.
L ::.~~;.~~~~~~;. ~.:~~~.~~ :,,~.~::I~:;:.;:'
PROPOSAL (CONT'D.)
.
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BASE BID
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-ll20-,03
Contract ~'~o. 2 - Heating, Ventilation::: '\ir Conditioning
(STATE CONTRACT AND CONTRACT NO.)
in strict accordance with the Contract Documents for the lump sum price
of:
$
-1~/y- t:r12I1t'K~V t'~-
2-- 1 'fJ~{) ~ , which is the Base Bid.
~ITTE IN FIGURES)
p"'
.~L?
,
P-B - 1
.
.
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~...'" HOLZ....CHER, "CLENDON & "URRELL, P.C
. l~ ~'INQINQtNolII_.'''''''IlIIONIoIl'''AlIClllEN,~n_'''''''''''''''''
PROPOSAL (CONT'D.)
.
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
THE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COI'1PLETION DATE SHALL BE
THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
CONTRACTOR:
Cioffi & Scanzano Plumbing & Htg Corp.
ADDRESS:
270h Grand Avenue
Q Bellmore, Hew York, 11710 ~)
"ONED ", (?;<<;~ ~~~
;' ,
'TITLE:. Sec. Treas.
DATE:
Webru~~J 17, 198h
P-B - 2
. "~
.'
'.
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A310
Bid Bond
KNOW All MEN BY THESE PRESENTS, that we CIOF'lII & SCANZANO PLUMBING & HEATING
CORP. 2704 GRAND AVENUE (Here Insert full "lime and address or legal Illle of Contractor)
BELLMORE,NEW YORK
as Principal, hereinafter called the Principal, and UNION INDEMNITY INSURANCE COMPANY OF NEW YORK
260 MADISON AVENUE (Here insert full nil me Jnd addre'S> or legal tille of Surety)
NEW YORK, NEW YORK l0016
a corporation duly organized under the laws of the State of NEW YORK
as Surety, hereinafter called the Surety, are held and firmly bound unto
FRANCIS J. MURPHY, SUPERVISOR (Here insert full n.me and addrt'H or legal lille of O.....ner)
TOWN OF SOUTHOLD, 33095 MAIN ROAD, SOUTHOLD, NEW YORK
as Obligee, hereinafter called the Obligee, in the sum of
FIVE PERCENT OF TOrAL BID AMOUNT
Dollars ($ 5% OF BID ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointl)' and severally, firmly by
these presents,
WHEREAS, the Principal has submitted a bid for
SCAVENGER WASTE TREA'I\VIENT FACILITY
TOWN OF SOUTHOLD
PROJECT NO. SHGr-82-06 - CONTRACT 2 - HEATING
(Here insl~rl full name, addre,; Jnd delu,ption of prOjc(ll
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosetution Ihereof, or in rhe ~....ent of the failure of the Principal to enter
such Contract and gi....e such bond or bonds, if the Pflncipal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, rhen this obligation shall be null and void, oth-erwise to remain
in full force and effect.
!! I'
I 1/
Signed and sealed this
2lST
day of
FEBRUARY
1984
I,
(WirneH)
~ S~ANZM~~UMBING & ~.. .
~~ ~~4& (s.a/),
;"?-~ r~__ '
(Till.) -
~
~,~
UNION INDEMNITY INSURANCE COMPANY OF NEW YORK
{~~
HELEN A. LALLY,
rS.al)
RNEY-IN-FACT
AlA DOCUMENT "AlT' .810 BONO. AlA I~. FEBRUARY 1970 ED. THE AMERICAN
INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N,W., WASHINGTON, D. C. 10Cl06
1
.
,e
Slate" 01 NEW YORK I
Coul\ly of NASSAU f
as:
'.','
On
therein, duly commissioned and sworn, personally appeared
2lST DAY OF FEBRUARY, 1984
. before me, a Notary Public in and for said County and State, residing
HELEN A. LALLY
known to me to be Attorney-in-Fact of
the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed
the said instrument in behalf of the saki corporation. and he duly acknowledged to me that such corporation executed the same.
UNION INDEMNITY INSURANCE COMPANY OF
NEW YORK
IN WITNESS WHEREOF, I have hereunto set my .hand and aHixed my official seal, the dOIY and year stated in this certificate above.
360212--6-66
DENISE QlCURUUO
.. ~ ....", ......v..
- No. 30-4783740
Ouallllod '" Nlmeu c:ountv <7t::-
Contmllllon ExpI.". March 30. laW
gQ /V\.~ Q
~
My Commission Expires
Notary Public
-
,.,
, .
.STATE ~' .nnnnu'~~Sr~~--m..-..--.. } 55: .,'
COUNTY OF~u_u_.u.______n_._......n.._...._..
On thiL......f;l,~m ............m.wm.....day of ,. ..... ._m......m...~.J?!:1!!~Xm....J9_~~.,.. before me pel1lOnally
appeared............_.... ............___n...._........_ ..._......... ,.... ........n._.._...._..... _._._...n._........_.... ... ...... .._. __ __ _._ _ _... ..... _......
with whom 1 am personally a~quainted, who. being by me duly sworn, did depose and say:
That he resides atnn_n_____.._.._.u....__..n...__u.n__.n..___..n...n.....uh.._._.._...that he ilJ the__n_.._n._____n...n_..........._......
CIOFFI & SCANZANO PLUMBING & HEATING CORP.
of the. ._n_...... .u...._........._n............_..._..._._ ..__..........._.__._.._.....______..___.__.0._.__._.._.._..._.......__......_......._._..__.__.........._.....
the corporation described in and which executed the Coregoing instrumenti that he knows the corporate seal oC said corporation;
that the seal thereto aOixed is such corporate seal: that it was so affixed by order of the Board of Directors, anti that he sicned hi,
name thereto by like order.
"",.,., OEMSE CUClJR
~~S!'leClf~y,.....
~~71l3740 --
Co.nniihfon Ex~~ Nao_ eo- vr-
~ra. March 30, 'f II.ll:)
BR(lU)U 2OS121
g..QA..:~_.__..e~
Nola', Public
COM"',
. .
:';~Ulllon.lndemnjty Insura"
Company of New York
EKecutive Offices
260 Madi',on Avenue
t~ew ",,'r-,:-,", \.Y. 1(1')1(.
~, '..
All authority her('~J;'nferred, unless revoked earlier,
shall eXfliro. and lerr lil1a}o, withp"t ,['?til'll' unless u';ed
bef()re rr~idn;iJht oL ,~_,ne ..' .-F--,.. _ _
POWt:ROF AITOGW,y
KNOW ALL MEN BY THESE PRESENTS:
That Union Indemnity Insurance Company of New York
does hereby appoint: David W. Rosehill, William A, Marino. Joseph J. Mark and
Helen A. Lally
.':' . i,ts true and lawful Attorney(s)-in-Fact, each individually if there be more than one named, to make,
'.,"!: execute, sign, acknowledge, affix the Company Seal to, and deliver any <Ind all surety bonds, undertakings,
~'!' recognizances, and other contracts of indemnity and writings obligatory in the nature of a bond, for and on
. behalf of said Company and as act and deed of said Company, not to exce'ed Fi ve Hundred Thousand
Dollars (:Jl500, 000.00) any single instrument,
IN WITNESS WHE REOF, Union Indemnity Insurance Company of New York have executed these presents
this 6th day of June 19 83,
-('~;t'. ~-
Richard L. Boyle Vice President ~)
STATE OF NEW YORK I sS.: ,,-c, sC""
COUNTY OF N~ YORK :1- ,," '>
~-I') _1- CtJ..- ...., ..01"1It- ~
On this ~ dayof.fGAt""'". 19eLbefore me came
the above named officer of Union Indemnity Insurance Company of
New York. to me personllly known to be the individual and officer
described herein, and acknowledged that he executed the foregoing
instrument and affixed the seals of said corporations thereto by
al,lthoritv of his office.
LUCILLE SCHUlTZ
Notary Public. Stat. 01 New YOtk
No, 03-4727$11
Qualified In Bronx Countvo.1
T...." Expl..a Maroh 30, 191>>7
CERTIFICATE
, Excerpts of Resolutions adopted by the Boards of Directors of Union Indemnity Insurance Company of
New York: March 17,1980:
RESOLVED, that solely in furtherance of the Company's surety business, the Chairman of the Board, the
President, Vice President, an Assistant Vice President or Secretary of this Company hereby is authorized to
appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, under-
takings, recognizallces and other contracts of indemnity and writings obligatory in the nature thereof, and
to attach the corporate seal of the Company to such documents;
RESOLVED, that the signatures and attestations of such officers and 11he sear of the Company may be
affixed to any such Power of Attorney or to any certificate relating to thl! Power of Attorney by facsimile,
and any such Power of Attorney or certificate bearing such facsimile sillnatures or facsimile seal shall be
valid and binding upon the Company with respect to any bond, undertaking, recognizance or other contract
of indemnity or writing obligatory in the nature thereof; and
RESOLVED, that any such Attorney-in-Fact may deliver a certification that the foregoing resolutions are
still in effect and may insert in such certification the date of the certification but that date may be not
later than the date of delivery of the certificate by the Attorney-in-Fact.
I, Thomas G, O'Brien III, Secretary of Union Indemnity Insurance Company of New York, do hereby
certify that the foregoing excerpts of the Resolution adopted by the Boa,rd of Director of the corporation
and the Powers of Attorney issued pursuant thereto, are true and correct ,and that both the Resolution and
P'Dwers of Attorney are in full force and effect.
IN WITNESS WHE REOF, I have hereunto set my hand and affixed the facsimile seal of each corporation
this 2lST day of FEBRUARY , 19~.
,
a,~"'~E..
Thomas G, O'Brien III, Secretary
.
Union Indemnity Insurance
Company of New York
Executive Offices
260 Madison Avenue
New York, N,Y, 10016
- ~ '.
.
.
FINANCIAL STATEMENIT
as 01 DECEMBER 31, 1982
Assels
Sonds & Short Term Investments
Cash and Sank Deposits
Agents Balances or Uncollected Premiums
Funds Held by Reinsured Companies
Reinsurable Recoverable on Loss Payments
Reinsurable Balances Receivable
Interest, Dividends and Real Estate
Income Due and Accrued
Other Admitted Assets
$29,755,849
2,759,115
5,264,787
264,416
4,631,287
3,907,436
336,976
421,423
TOTAL A.,.ETS
$47,341,289
Uabllltles
Reserve for Losses and Loss Expenses
Reserve for Unearned Premiums
Reserve for Elcpenses, Taxes Licenses
and Fees
Federal and Foreign Income Taxes
Reserve for Unauthorized Reinsurance
Excess Statutory Reserves
Funds Held Under Reinsurance Treaties
Other Liabilitil~S
Capital Stock
Surplus
TOTAL PI)LICYHOLDERS'
SURPLU!;
TOTAL LIABILITIES AND
POLICYHOLDERS' SURPLUS
$16,629,688
8,191,751
870,360
1,260,000
783,911
1,266,813
8,920,306
90,534
2,500,000
6,827,926
$9,327,926
$47,341,289
Bonds are valued in accordance with Amortized Value
CERTIFICATE
Richard L. Boyle. Assistant Secretary, and Joseph J. Jaworski, Comptroller of t:he Union Indemnity Insurance Company of
New York being duly sworn. each for himself disposes and says that they are the abOVEl described officers of the said Company and
that on the 31 st day of December, 19B2, the Company was actually possessed of the a"sets set forth in the foregoing statement and
that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors,
except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said
company on the 31st day of December, 1982 according to the best of their information, knowledge and belief, respectively,
J2~{~~ /. ~7~
Asaistant Secretary
STATE OF NEW YORK I",:
COUNTY OF NEW YORK
On thi, 2lST d.. of FEBRUARY '...a!Lbof_....__
.he .a,o..,. n.med officers of Union Indemni'V 'n"r~ Comrpenyof ,..
VOf'k '0 I'M perso,,-Uy kna... .0 be the indivMfu.I. 8ftd offk:en cMlcr6bld
h....in..nd acknowledged .h.. they .XIIeU....he fOf'lllOine iM.rvlMfl' end
8ftd .ffix" the .... of uid cotpOf"..ion t.....to by .....hori'V of their oHiot.
11-2
cpl
Comptroller
~"-j:~
MARIE T. BAUER
Notary Public, Stale of New York
No. 0192500
Qualified in New York County
Commission expires 3/30/85
.
.
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T TERRY
TOWN CLERK
REGISTRAR or: VITAL ST..\TlSTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 25, 1984
Attilio D'EJetto, President
Bensin Contracting Inc.
92 Terry Road
Smithtown, New York 11787
Dear Mr. D'Eletto:
Whereas the Town of Southold has now executed a contract with
Valentine Heating & Air Conditioning, Inc. for Contract #2 - HVAC,
Scavenger Waste Treatment Facility, Greenport, I am returning herewith
your Bid Bond.
Very truly yours,
/1' p,d . ~ ...-/
~~J:~~~
Judith T. Terry
Southold Town Clerk
Enclosure
.
....
.-v~....... HaACHER MCLENDON & MU~~H[ll P L
. 1.ollllf.lT' U.l"M'~!'NGf>o(j'''II'' l..v,_..I"'.lSOI..".I!\_d~......I"S
.
PROPOSJ\L (CO NT , D. )
~t
-
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
I'IASTEWJ\TER DISPOSAL DISTRICT
jCAVENGER WASTE TREATMENT FACILITY
~
BASE BID
t, The undersigned further understands and agrees that he is to fur-
Jlish all labor, ma~erial, equipment, ~upplies and ot~eJr facilities
,necessary and requl.red for the executl.on and completl.on of:
BID DATE: FEBRUARY 21, 1984
FEDERAL PROJECT NO. C-36-1120-03
EN A {or-! i 4/2 GNOI ONIl'lc;, - (!CJN;,.I?,4c.r-rIo 'Z.-
STATE CONTRACT AND CONTRACT NO.)
accordance with the Contract Documents for the lump sum price
'.J
"'-'-~ ~ ~. ~~~
I. ~ ~ ~ ~2...,i
'Y( (WRI TEN IN WORDS) ,
2 ~5 45 ''!'!:-
( ITTEN IN FIGURES)
rrrJ
x,,::
, which is the Base Bid.
P-B - 1
-
'-
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~A..<l tLlMACHEA, McLENDON & MURRELL, PC
. l~ C()HWl.TIotQEI'rOQOoIoIfI__......~..'AlIOf..T..f'I_tl'L.A........
.
.i
p!tOPOSAL (CONT'D.)
'it'!"
it;>:-,:
.'/,.
~::.:
IIp:STE~IATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
',:
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
.i ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
IS!'-TURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
Tilt: ,CONTRACT .
~ LIQU~DATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
TII!t~EHUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
". DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
I'"
SIGNED BY:
li,
rITLE:
13EN5/1-1 eN TIZ,4CTIN({, oJ-de,
rtv/EE-IZY Qu.
I I
::; M I TIf TOuJAi} ;/ i 11787
~ 'i2:~
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1'"83 ' -"21. /t1t3~
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P-B - 21
-
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- ,,,..... ~.OLZMACHER, McLENDON & MURRELL. P,C .
r-r~GOfoIWl"NQIIrlGI"'IIIII, 'NII.-wINlAl scaNllS"_"'-"NNIM
;OPOSAL - CONT'D. - BIDDER'S DISCLOSURE STATEMENT
t Enclose certified check or bid bond for five percent (5%) of the
" otal bid, as stipulated in the Foregoing Information for Bidders.
..... "", The Bidder hereby agrees to enter into a contract wi thin seven
, ) days after due notice from the Town Board, Town of Southold that
\lie contract has been awarded to him and is ready for signature,
..uch notice to be given in writing within forty-five (45) days of
tRe date of opening of the bids, and on the signing of such contract
If' him to furnish the indemnifying bonds as provided in the
. tract.
:' And the Bidder hereby futher agrees that in the event of his failure
'refusal to enter into a contract in accordance with this bid within
'en (7) days after due notice from the said Town Board that the con-
'ct has been awarded to him and is ready for signature, as given in
,'ordance with the Information for Bidder, and/or his failure to
qute and deliver the bond for the full amount of the contract price
'rovided in said Information for Bidders, that the bidder's check
Ph is herewith deposited with the Town Board shall, at the option of
.: said Board, become due and payable as ascertained and liquidated
,ages for such default, otherwise the said check shall be returned
, ',the undersigned.
';;t
," The full name and residences of all persons and parties interested
"the foregoing bid as principals are as follows:
NAME
ADDRESS
;Z/4--/ ~ST. .c.Je,,zTI-IPoi2T AI/'
) J
&'7-- all GthJr.2 .2u AI
4- JolTING #.41-1 (! .
eN re,4cT/N"c;, :L-NC
.
':2:>
(DAY) ~/(;,
'If CJuJd AI
t17tJ-'1t:,7D
, . ,
87
.~ "
1IoE~HONE NUMBER:
, ,
" /''1
~D AT: 5/"1'1;4 lbu.Jt<(.
(NIGHT) ..)7(" 3~8-2...oB 7
;//
.
,5/- -- ;<:;?t?;:),AI
THE 2--/ - DAY OF /--&--.0 /7 D y-
,
P-c
-
.
.
.
. .
c& D FIREMAN'S FUND INSURANCE COMPANY
<II> D THE AMERICAN INSURANCE COMPANY
D NATIONAL SURETY CORPORATION
FIIIEMAN'5 FUND D ASSOCIATED INDEMNITY CORPORATION
INSlIIlANIlEClIMPAHJES D AMERICAN AUTOMOBILE INSURANCE COMPANY
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That We.
Bensin Contracting Inc.
92 Terry Road Box 529
Smithtown, New York 11787
(hereinafter called the principal), as principal, and Fireman's Fund Insurance Company , a corporation organ-
ized and doing business under and by virtue of the laws of the State of Cali f . , and duly licensed for the purpose of
making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of New York
as Surety, are held and firmly bound unto
Town of Southold
(hereinafter called the Obligee)
in the just and full sum. of
5% of Amount Bid
Dollars {$ 5% lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand
in and submit to the obligee a bid or proposal for the Scavenger Waste Treatment Facility. Contract 112HVAC
Fed. #C-36-1120-03. Project #SOHT 82-06
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the-bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to bE~ duly signed and sealed this 14th'
"
day 01
February
.19 84
'":.~&;:Z1~~
360277-4_61
Fireman's Fund Insurance Company
BY~~ /fl~_Fa"
William D. Surre -
..
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.
State of
1 55,
,.. County of
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On this
.19_, before me personally camt
day of
to me known
and known to me to be the Individual described in and who executed the foregoing instrument, and acknowledged to me that he executec
the same.
My commission expires__
-----.------NotaryPublic
State of
155
County of
'::
.
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On this
day of
, 19_, before me personally cam(
_ _ _ _ ___ to me known and known to m.
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for th
act and deed of said firm.
My commisiiiion expires._
-""~.---Notary--P~blTC
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County of . -i,S'
cr ~ _day of
I
. 19-U. before me personally earn
L-Jt-t~4<i?.-c.(
(/
. to me known
~
who being by me duly sworn, did depose and say that he is the
Bensin Contracting Inc.
of
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed t
said instrument is such corporate se~ftl&"&NitcitAiJAl:l:l*dn~.0Dl'tier of the Board of Directors of said corporation, and that he signed hi
name thereto by like order, N MY PUBLIC, Stote of New York I ~ ~
No, 52-4637476 ----.M~
Qualified in Suffolk Counll(./ ' '~ J /Z.'---L- ' : A-
My commission expire Tenn Ex ire 19J."1... _.rf...-C _ ~r--tJV
rqotary Publ ic
. . .. .. ... _ 6. '. ~ _ __ . ._ ~ __
State of
New York
155,
County of
Nassau
On this
14th
February
. before' me personally earn
19 84
day of
William D. Surre
to me known, who, being by me duly sworn, did depose and say tha
Fireman's Fund Insurance Company
he is an attorney-in-fact of
the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the 5e,
affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Far
by authority of the Board of Directors of said corporation and by authority of this office under the Stan:1ing Resolutions thereof.
HAHuAt<A v. ANDn:l:..'~~
Not"ry Public, State of N.~w York
No. 52.4otj41 112 - Suffolk COU.,ly
Commls.s:on EXOlrp<:: March 30, 1 ~l~
My commission expires
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(;ENERAI.
....'WERllt'
A TIORNEV
FIREMAN'S FUND INSllRANCE COMPANY
KNOW A.l4L Mt:N BV TUES": PIU:S.:NTS: That fiREMAN'S FUND INSlIM.AN('E C()MPAN"t', II Curpuraliun dul)' url{ani/ed and (),i"tinJ unc,h
law~ of Ihe SUne of California, and havin_ ils prim:ipal ~rfi~e in I hI: Cil)' and Counl)' ~l( Sun Fnmc.:I!Iol:o. in \auj Slale, ha~ mildi:', con!loliluled !tnd it.ppOI
ilnd doeli by lhelt: presenls make, conlilllule a~d Mppolnl
-----WILLIAM D. SURRE-----
PLAINVIEW NY , '. . '
illlrue and lawrul AUorneyh)-in.FaC1, wilh full pOWC:1 and lIulhorily hcreby confcrrcd In Ih name, place and stead, 10 u,ec.:ulc, lOcal, acknowleda
deliver any and all bonds, undenakina~, recollniunce~ or olhcr wnltcn obhaationllo In Ihe nilture thereof _____________________~-.
.
and 10 bind the Corporal ion thereby as fully and 10 Ihe same tIllenl as if suchhonds wcrl~ !Ioiancd h~' the Presiden!. !Iocilled with Ihe corporale 'CUll
Corporalion and dulylHested by II' Secrctary, herehy rllllfym& and confirmml fill Ihal1he siud Allornc)'hHn.Fa\:1 mOl) do in the premise"
Thi.power 01 allorney i. ,ranled pu"u.nIIO Atlicle VIII, Sec'iun 30 and 31 01 By-Ia"" uf FIIlEMAN'S FUND INSURANCE COMPl\NY no.. ,
fur~e and eft'e~I, .
"Anicle V III, Appoimmrm and AUlhofll,v Aui-SIIml ~t4'ftlilfjr:., and Allowry.ill,fac'" anJ Ag"II/\ Wl'c,'n'pt L C'GfJ/ I'Wl'C'\'> ;1IIu ^,.,I.l' APP(.UiJll~"'),
Seclion lO. Al'pojmnltnl. The Chairman of- Ihe Ko.ud of Direchu", Ihc IJn:'..idcnl, ,1.11)' Vi\.'C-Pfl.'..idclIl OJ all) ull1\.'r 1"\.'1',01} ~ulhori/cd b)' lh( 110
Direcloh, Ihe Chairman of IlIe 60flrd 01 Direclurs, Ihe Pre)idel" or any. Vicc.Pre\ldc-III, O1a)', hum 1IIIll'IU IUUl', apl)UIIlI Ne\io\."ul A\~i!lo..anl Se...,
Ind AIIOrntYlo,in.hll,:, 10 reprC\Cnl and ."'1 Jor and on behalf of Ihc ('orpofOlllun OInd ^I~(nh ICl .u;n'rH I\."~al rhl\.I:\\ illlJ llIa~1: OIp'lI.'aIOlIlC,,'\ fur i:
behalf u( Ihe Corporauon,
Sc';lion JI, AlIIhof"'y, The AUlhorily or ~Ul;h kr..idcnl Ali..i\lant !lc...rclaric\, ^lhHlI"'~"\.lId ai:I, allJ !\ll~'lll' ..h.tll Ill.' il" )\I\:'i:tihcJ in Ihe ili'oll
r\'idcPl'IlI~ Iheir appoinlment. and any \u('h apllolnlmenl and .1111 authofll)' ~r..ntt:d Ihcl(h)' mOl) b(,' It:~ l~nl al all} 1/11I4' h) Ihl: Hoanl of OI1('.:lor,
Iny perliun rmpo\locrcd 10 malr.e \ul,.'h appoinlmt:nl,"
Thii power of .norne). i, sianed and lcaled under Ind by the authorilY o( Ih~ folluwin.r R~~Hluliun ;ull'('lh.'~1 h)' Ih~' Uu.lld Ilf Dire..:lur" ~,f FIRt-:M
FUND INSURANCE COMtl'ANY al a mcelinM duly called amd hel" un Ihe 1.~lh doa)' uf Jul)', l'lflt., illl" ~UI'" kc!tulutlun hil. nUl been amemJ
repealed:
"RESOLVED,lhallhe liianfllure of any Vict.President. Alri!oi!tolilnl Se...rclar)'. and Residenl ^"j"lanl SC4'relar)' or lhi~ Curpuralion, and lhe se.lIl,)
Corporalion mil)' be affillCdor printed on ilny powcr of Iltorne)', on IIn)' rC\lI)('aliun of _an)' ('luwer uf allurnc~', ur un 4n) c.:(rllh':ilIC rclOltinllher~1
facsimile, and ,any power of anorney, .n~ rC\localiol',l of an)' power o( Mumne), m c.:erllth:al( h<'ilnnl ~Ul,:h (iI...'lmllc 'lilgnaIUr( 41r f<K\lmdc: 'c." lioh
~alid and bindln, upon Ihe Corporation, '
IN WITNESS WHEREOF, FIREMAN'S FUNO INSURANCE COMPANY ha' cau-.d ,h.-e prc,cn', hl h<: "Kn~d h~ i" Vlce-Presidenl.
and iIHo'po,a,ueal,o be h...unlo aUi..d ,hi. 12th day uf Januar'y , I" ~
F1IlEMAN'S FUND INSUIlANCE COMPANY
.
L.clu.e.-.o W. 4~
B,
VIH "h'~llJ..n'
~T A n: OF CALn'ORNIA.
CITV AND COllNn OF SAN .'RANCISCO
} ..,
On'hi, 12th d~yor Janua.ry ,19 J!L , bd",n"q"",,,...II, ,'."" ._ .lHJltam _W. LaubeL
10 me "'nown, ,,'ho, bcine by mt duly li\loOrD, did depo~c and \a)'; thJI hI.' h Vl(,'C,'-t'fl.'"JcflI uf I Ua\L\N'~ I liSt> IN~llk,\N(T CO\lP.\N\ ,t,
poralion dr~ribed in and ,\\'hi...h u('c~tcd Ihe abo~e in\lrumC'R1; Ihcu hI! "'nO\\\ Ihl! \(allll \ald ((lffHHatlulI; IhJI Illl' \cill alll\4'J Iu lilt' \ill+.ll;...1
Ii, IoUch corporale Jleal; lhalll was so a(fllled b)' order of Ihe "oard of ()UC'IOf~ ul ~ald COIporallun and Ihal lit' \lllllt'J Ill" IWII4' 111\.'lclu b~ li~c" mdt:I'.
IN WITNESS WHEREOF,I have hrrcunlo ~CI my hand and aHi.-.cd Ill)' oHh.:ial ~cal, Ihl: Ja~.. anJ )C.II 1lC,'IClIl finl ..h,l\\: \\1 II I l'll
.........................,.........Ul..................
! OFFICIAL SEAL !l
I e SUSIE K. G1I.8ERT i
-,_. NOTAIlY PUIUC . CAUKlINlA =
, em . (~ Of 5M RM(IS(O -
I My '_minion hpi,a. No,. 17, 1"_ I
/~~'4~~
1\1,,,..,, Put>h.
('EIlTl.'I(' A n:
!>"fA TE OF CALlmRNIA.
cln AND COVN~ OF SAN RANCJSCO
} M,
,
I. .he und~rw.ned, RCli.id~nl Anisllnt Secrelary o( FIREMAN'S FUND INSURANCE COMPANY, a ('AUHJRN'A ('orrurOlliull, 00 Hi
CERTIFY IMllhe forqoin. Ind Inlched POWER OF ATTORNEY rematns ill (ull fnn;.t and h.., nOI ht:t'U u..~u"'~d; and fUrlhernuul.' Ih.u Artid
Seelio". JO .nd 31 or lhe 8Y....., of Ihe COtporll60n. Ind Ihe Rnolullon o( Ih( HOflrd of I.)lr~"lon.. W:I IUrlh IfI the Puwcr ul AHUllln, Ire I
lor..,
Sitncd and.._ al'he Ci.y and Couo.y of 5all Francile., OIled 'he
14th
day (l1( FebTlulry
1984-
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A
FlREMAN'S FUND
IH5UJlAHCE CDMPANJES
777 San Marin Drive
P,O, Box 777
Novato, California 94998
FIREMAN'S FUND INSURANCE COMPANY Telephone (415) 899-2000
SUMMARY FINANCIAL STATEMENT - DECEMBER 31,1982 .
(As Filed wi th Insurance Department of the' State of California)
ASSETS:
*Government Bonds
*State and Municipal Bonds
*Miscellaneous Bonds
+Stocks
Cash in Banks and Company's Office
Accrued IDterest
Premiums in Course of Collection and Other Assets
Total Anets
* 22,894,762.28
l,76l,175,414.62
70,314,266.56
737,,324,324.26
(493,762.70)
65,411,999'.66
1 l75 282 29l.74
)3 :831 ~909 ~296.42
LIABILITIES, SURPLUS AND OTHER FUNDS:
Loss and Loss Expense Reserve
Unearned Premium Reserve
All Other Claims, Demands and Reserves
Total Liabilities
h ,588,250,441.99
667,774,212.14
673,034,856.66
2 ,929 ,059 ,5l0.79
Capital Paid-up
Het Surplus
Policyholder's Surplus
Total Capital, Surplus and Reserves
*Bonds are stated at Amorti~ed Values
+Stocks are stated at Market Values
* 3,Ol5,OOO.00
899,834,785.63
902 849 785.63
j3.831:909~96.42
State of California )
ss'
City and County of San Francisco) .
I, Richard Williams, Vice Preaident of Fireman's Fund Insurance Company, do hereby certif:
that the above is a true statement of the assets and li,sbilities of said Corporation
as of December 31, 1982, taken from the books and records of said Corporation.
jl~ OJ\~ \~ J,I\.~__-.
Richard Willilllll8, Vice President
State of California ) as.
City and County of San Francbco) . ,
Subscribed and sworn before .e, . Not.ry Public, of
City and County of San ~.ncisco, this 17th day of
.
. .
";','1,.;..-;:
the ilt.ta of California, in the ':'{<:)
February, 1983.'",..'.
~(~;, . ~ A-<-jj.if~j
Hotllry Public of &l1forni.".",' , ,
II
. <; ~SrEc~"~,1;EiT .'
. .OlAlY PIIIUC - CALIfORNIA
CIl'I & eoulflY Of SAIllWKlseo !
.. e..._ !Joi... Not, 17, 1984&
............IUI.....III.O.."'......
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 25, 1984
Daniel A. Fogarty, Jr.
Fogarty Electric
1000 Sound Avenue
Mattituck, New York 11952
Dear Dan:
Whereas the Town of Southold has now executed a contract with
Valentine Heating & Air Conditioning, Inc. for Contract #2 - HVAC,
Scavenger Waste Treatment Facility, Greenport, I am returning herewith
your Bid Bond.
Very truly yours,
/~r-
Judith T. Terry
Southold Town Clerk
Enclosure
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~~. AUMA.CHEH_ McU:.NUON &. MUHHllL. P L
.1~SA.'("'<GIOOO'''ft'''f....,_..t'''''lSGIt'''''''''''"''''''''''(''5
.
jlROPOSAL (CONT'D.)
I!ASTEWATER DISPOSAL DISTRICT
~CAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
The undersigned further understands and agrees that he is to fur-
sh all labor, material, equi~ment, supplies and other facilities
- iiicessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
C O/\177U4
No. ;2. - H€:''''7.,A/6- (/e~T'LI'fTIO,..J 'f AtP coN'i);rlO"'''"C-
(STATE CONTRACT AND CONTRACT NO.)
accordance with the Contract Documents for the lump sum price
s~ ~EN~D~
lJ~
~oo,oo
(WRITTEN IN FIGURES)
, which is "the Base Bid.
P-B - 1
, "
f
1r?POSAL (CONT'D.)
~STEWATER DISPOSAL DISTRICT
~AVENGER WASTE TREATMENT FACILITY
~OLZM"CHER, McLENDON & MURRELl. P.C
~~TINQIIrIIOHfII"'_IH"'IfIOMlIIN,....w;It"'''.''_~H~'''
.
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
ATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLE'rION DATE SHALL BE
EE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
.. DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
FO~4eT'1 E~~,-e.
IDOL> SochUi> ~
fl7nrr ,rvc,<,;, /V y 11"152.
BY: ~a~rA
/lUI.u~
.:1- /"3- 8 4
P-B - 2 1
.'
ti - . ALZMACHER. MCLENDON & MURRELL, PC
~5Ul"l\IGflooO'''U_ E"'''''_''(''T.lSCl('oIT''Ill.."..u.H''(~
.
- CONT'D. - BIDDER'S DISCLOSURE STATEMENT
Enclose certified check or bid bond for five percent (5%) of the
tal bid, as stipulated in the Foregoing Information for Bidders.
The Bidder hereby agrees to enter into a contract within seven
days after due notice from the Town Board, Town of Southold that
e contract has been awarded to him and is ready for signature,
ch notice to be given in writing within forty-five (45) days of
e date of opening of the bids, and on the signing of such contract
"him to furnish the indemnifying bonds as provided in the
ntract.
And the Bidder hereby futher agrees that in the event of his failure
"refusal to enter into a contract in accordance witch this bid wi thin
"en (7) days after due notice from the said Town Board that the con-
iict has been awarded to him and is ready for signat:ure, as given in
ordance with the Information for Bidder, and/or his failure to
'cute and deliver the bond for the full amount of t:he contract price
,provided in said Information for Bidders, that the bidder's check
1ch is herewith deposited with the Town Board shall, at the option of
~ said Board, become due and payable as ascertained and liquidated
'ages for such default, otherwise the said check shall be returned
',the undersigned.
The full name and residences of all persons and parties interested
foregoing bid as principals are as follows:
NAME
ADDRESS
Jr
OK 60/ /I.I~ SUFFoUC 1I"i.s~
OF BIDDER:
F06~-Z; ~;c
ADDRESS OF BIDDER: /000 Sochvi) /lLfS
/J7A7TFTVCK:. , ;IV,! /1"76:7-
(DAY) 5/{'-;;" 'iP-.p4n> (NIGHT) S/{. 73if-t.307
AT:
SOtNHuC/f) ..IV 'f
THE
#
1'-/ DAY OF %~ _ 17tf'Y
P-C
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~$"
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BID BOND
1.(
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Componioo
That, .., H.D.a ~iHe.1., ,p... .F.Cl9,a,r,t;Y." ~lbla" f()g~tb'" P (~C; trtG, H" _,. H H", .., ,.,.", ,."" .., H'" H, H'" ,." H" H, H" ", H' ,..., ,......
~f':::! ~~Q:: :s.(j~ @:: Aii.. ~~:~e:;:: :~~ t (i t~~ ~:., ::::::::::::::::::::::::::::::::::::::::::::::';' ~;~~ ~~' '~i',:::::::::':::: ii~w:: Y.~~k:::::::::::::::::
hereinafter called rbe Principal, and ,...,Ih~"C()J).t.i.n~n.t.a.1.,Jnsur,ance"C()mp,anY"""""H'"H.,."'.."H' ..",.".",..,....,
hereinafter called the Surety, are beld and firmly bound untoH.....Town...Qf.,S,C1llthold....1>1ain..Road......H..,.............
KNOW ALL MEN BY THESE PRESENTS:
................................. ...............
............. ........--.....................................................................................................
'''Sotithold ' "
of ...... H.....'.'.........,.........'H......'......., , State of .......,New..Yo,r,k......H..'.........,...
hereinafter called the Obligee, in the sum nf..H,Xi.v.E!,.~e,r,<:E!rJt..t5.%.J..,AITl9,l!.r:It.Qf..8.i.d~~,~.~.",,~~,~.~,",""",",",",
....... .~.~. ~ ~.~.~."':.- - ---- ----: .~."":.~.--- -- - -.~.~.~.:-::- --- -- -- -~.":".":".:-::-: ~.--7.':".~ ~ ::.":"."':'."':'.":". 7'::"': ~:~."':'.~.~:-:-: :':'.":'.":"'.':". ~~:-: .":'.":'.. Dollars;
fex the payment whereof to the Obligee. ... the Principal bind ......Jt$.~.1f., ......i.tS..... heirs, executors,
administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these
presents.
.........................................................................................................................
Signed, sealed and dated this ............,lSth,..,. ...., day of...HFebruary.........,H......., , 19 ..~4...
Wh'fe~s t~<iti~c~l is herewith ~ubmilling rhe accompanying bid dared .......2/211B.4.....'..H..H..'...,.....,..
for I~'fI,n" ,0" ,... HO,U,.. H ()",. .'.., ,a,s, t~,a.t~r" 01 liP9Sal" Dis, trio c.t. Scaven.ger H WaSte.. Treatment, F.ac il itYH" H
,..,.",. r. Ele,np()r. t .NE!\'I" Y () ,r,k", f ~~eral", P. r9jec; t" No..,. ,C" 36 ,".1.12Q"D 3. ,Co n tr ae t ., #.2".."".,...".".,.."""""".",.."
Now, Therefore, the condition of this ob~igation is such that if the bid be accepted as to any or all of the
items of material and workmanship proposed to be furnished thereby, or as to any ponioD of the same, and if ~~e
Principal will, within the period specified therefore, or, if no period be specified, within ten (10) days after
notice of the award of the contract, enter into Contract with the Obligee, to furnish all work and material at the
prices offered by said bid, aod will furnish bond with good and sufficient surety or sureties, as may be required,
for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby
binds itself and its successors to pay to the Obligee, in case the Principal fails to enter into s~ch contract, and
give such hond within the period specified therefore, or, if n.? period be specified, within ten (10) days after such
notice of award of contract the difference in money between the amount of the bid of the Principal on the work
and material so accepted, and the amount for which the Obligee may contract with others for such work and
material, if the latter amount be in excess of the form(r, b~t in no event s;hall the Surety's liability exceed the
penal sum hereof.
In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin.
dpal and the Surety.
".~a,~i ~~. .A.., , ~0~.~r.tY. ,d!~!~.. ~9~.~:,ty" P ~c~ri,c;.. (Seal)
Principal
,X,.~'tlc~"...,',...,',.,"
~
iie'c.>-
By:
........,...'..'..Att~~ J
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.... I264C
Pr1nledInU.5.A
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The Continental Insurance Company
80 Maiden Lane, New York, New York 1'0038
GENERAL POWER OF ATTORNE:V
Know .11 men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made,
constituted and apPOinted, and by these presents does make, conslttute and appoint
ED'.A],;) McGRATH, JR. OF MELVILLE, NEW YORK
~s true and lawlul attorney for it and In Its name, place and stead to execute on behalf of the said Company, as surety, bonds, undertakings
and contracts of suretyship to be given to
ALL OBLIGEES
provIded that no bond or undertaking or contract of suretyship executed under thiS autho"ty shall exceed in amount the sum of
TEN MILLION ($10,000,000.) DOLLM,S.
This Power ot Attorney IS granted and IS Signed and sealed by facsimile under and by the aluthority of the fOllowing Resolution adopied
by the Board of Dtrectors 01 the Company on the 1st day of November, t977.
-JlESOL.'JED. thlt the Ch.I,rrT\ln o1lht BoI'd the Vice Chairman 04 the Board the Plwlldenl In EXICUhW Vice PrwSlc:lent Of I SenlO' VICe PlwliOent or I Va ~iaent oItne
Compan}'. be, Inel ~l each 0' any 01 them IS luthoflzeClto ...cute Ptlwer, 04 Anon'~ QuaMy,ng TM anorney nameClII' TM g,wn Power ol Aftorney 10 execute in behalt 01 the
Company. bOnCIl. uncH"I"lng' InClIl1 contrlcls Of sU~lYSP"lIp InCl mal an AsSlstlnt VIet PreSIClenl. I Secrel.ry Of an AsI.111.nl Secret.ry bI.'nc:I that each or any 01 them hereby
II. atrhoI'lIed to anI" tt'le IxlCutlOtl o1.ny suCh PtMoer of Anomey and 10 anach thereto rhI..al of the Company
'URTHE~ RESOLVED ttlll the Slgn'lu~s of suCh otflcers and the sel' 0' the Company may be IthXld to any SUCh Power 01 Anome.,. 0' to Iny certifIClte....in; tnel8tO by
tlcsimltl. Indany sweh Power of Anorney or Cel1ltlcale bear.ng suCh taCSlml1e signatures or ta'llml" ,,1'1h.l1I be vaha Irld b1ncMg upon me Compeny -.n 1O"'1Qd and in the
....... with ..-.peet 10 any bona uncIe".",ng Of Contrlcl ot suretyShip 10 wt'uCh It tlanacheCl .
, In WJtne.. Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its oll,c;ial seal to be hereunto affixed, and these
pIllsents to be signed by one of ItS Vice PreSidents and attested by one of ItS ASSistant VIce PreSidents thiS 3rd day of March, 1982,
Tt-IE CONTINENTAL INSURANCE COMPANY
Anest
~ c;d~,(j~~
TM Stephens. Asllstan1 Viet Pres.aenl
~\j~";'~;:">"
...~. - ".\
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.. :!,~:_....~;}....
BY~?r/
'" L Fora. VIC.Platctenl
STATE OF NEW YORK }
COUNTY OF NEW YORK
N.:
',-.
On this 3rd day of March, 1982, before me personally came M L. Ford, to me known, who being by me duly sworn, did depose and say
that he resides in Summit in the County of Union, State of New Jersey. at 768 Sp"ngfleld "venue, that he is a Vice President of THE
CONTINENTAL INSURANCE COMPANY, the corporation described In and which executed the, above instrument; that he knows the seal of
the said corporation; that the seal alllxed to the said instrument 'S such corporate seal; thal.t was so allixed by Older of the Board of
Drrecto,rs of said corporat.on and that he s.gned hiS name thereto by like order
'~'~"~~ 5.~ rYl m ~
:......,... ~I II. .
: - '.
. \. "'-Co .1: ",n II' McCantly
~..~ AN..." _.. of_JofMy
...' MyCon_~FollI7,1"7
CERnFlCATE
I, !he undersigned, en Assistant Secretary 01 THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO
HEREBY CERTIFY that the foregoing and attached Power of Attorney remains .n full force and has not been revoked; and furthermore that
the Resolution of the Board of Directors, set forth In the said Power of Attorney, is now .n force
SIgned and sealed at the C.ty of New York. Dated the
day of February ,19 84
3:=--~:-. ~--
· FINANCIAL STATEMENT ·
The Continental Insurance Company
,-
.
AS OF
DECEMBER 31, 1982
ASSETS
Cash................,..,......" $
Bonds and Stocks, , , , , , , , , , ' , . , , , ,
Interest, Dividends &
Rents Accrued. , , , , , , .. , , , , , , . , '
Agents' Balances Receivable. , . , , ' ,
Equities in Assets of
Underwriting Associations, . , , , . , ,
Real Estate, , , , , , , , , , , , , , , , , , . , , ,
Other Assets, , , , , , , , , , , , , . , , , , , , ,
51,682,208
802,202,915
14,493,392
156,566,694
21,644,032
13,084,000
201,828,370
Total Admitted Assets, , , , , , , , , , . , " $ 1,261,501,611
STATE OF NEW YORK }
COUNTY OF NEW YORK SS:
CITY OF NEW YORK
LIABILITIES, CAPITAL & SURPLUS
Reserve for Unearned Premiums, , " $ 243,271,155
Reserve for LOSSEIS, , . , . , , , , , , , , , , . 534,073,494
Reserve for Loss Expenses, , , , , ' , , 73,374,630
Reserve for Taxes & Expenses, , , . , . 18,040,184
Reserves held under
Reinsurance Treaties, , , , , , . , , , , '
Reserve for Other Liabilities, . , , , , , ,
Total Liabilities, , , , .. , , .. , . , , , , . ,
Capital ""..".."..",..,"""
Surplus. , , , , , , , , , , , , .. , , .. , , , , , . ,
Policyholders' Surplus , , , , , , , , , , ,
Total Liabilities, Capital & Surplus, , .
3,507,431
151,245,471
$ 1,023,512,365
53,566,360
184,422,886
237,989,246
$ 1,261,501,611
F,M, Colalucci, being duly sworn says; That he resides in Glen Head, New York and that he is Vice President and .
Controller of THE CONTINENTAL INSURANCE COMPANY, that said Company is a Corporation duly organized,
existing, and engaged in business as a Surety by virtue of the Laws of the State of New Hampshire and has duly
complied with all the requirements of the Laws of said State and the Laws of the State of New Y or k
applicable to said Company, and is duly qualified to act as Surety under slJch laws; that said Company has also
complied with and is duly qualified to act as Surety under the Act of Congress approved July 30, 1947, 6 U.S,C. secs,
6-13 to qualify as sole surety on recognizances, stipulations, Bonds and undertakings permitted or required by the
laws of the United States, to be given with one or more sureties; and that the foregoing is a full, true and cor{ect
statement of the financial condition of said Company on the 31st day of December 1982 to the best of his knowledge
and belief.
Sworn to before me this 28th
day of March 1983
~~s~~~~~
A Notary Public of New Jersey
My Commission Expires Feb. 17, 1987
,,"""""'"
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CERTIFICATE
Vice President and Controller
SURETY ACKNOWLEDGMENT
} ss,;
State of New York
County of Suffo 1 k
City of Me1 vi11 e
15th
~~ _of
before me personally came Edward McGrath Jr.
to me known, who, being by me duly sworn, did depose and say that he rElsides in Me I Vl II e, New 10rK 11747
; that he is the Attorney of The Continental Insurance Company of New York, the corporation
described in and which executed the attached instrument; that he knows tl1e corporate seal of the said corporation~
that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by order of the Board of \
Directors of the said corporation, and that he sign d his name ereto by 'like der
DE80RAH 1 ORR . ....
NotARY PUaL:'- Slate of New tcxi ~
No<f705055 _<./ P bl'
QuaHlied '" Sutlolk Cou~ ary u IC
T_ bpi'" Ma,ch. 30 ~ ,.i
"\:"
February
84
, in the year 19_
Printed In U.S.A.
.
.
JUDITH 1. TERRY
TOWN CLERK
REGISTRAR or: VITAL STATISTICS
"&
Town Hall, 53095 Main Road
P.O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
J~ly 18,1984
Egidio Ferrante, President
Ferran Concrete Co." :Inc.
93 Allen Bo~levard
Farmingdale, New York 11735
Dear Mr. Ferrante:
Whereas you have exec~ted Contract #1, General Construction
and Mechanical Work, Scavenger Waste Treatment Facility, Greenport,
I am returning herewith your Bid Bond.
Very truly yours,
I
~J.bi7-
Judith T. Terry
Southold Town Clerk
Enclosure
...
.
- · HOLZMACHER, McLENDON & MURRELL, P.C..
~ CONlUlT"'OU.O'NlIIIII.I/lnl'IIIOtIIMINtALIClIN'..1'I....~Nl...
PROPOSAL (CONT' D.. )
WASTEWATER DISPOSAL DISTRICT
~ SCAVENGER WASTE TREATMENT FACILITY
...~..'
'~\"
~~.
Jif
'.:;r~
'. ~,. BASE BID
.. >-~
';~:iSh ~~~ ~~~~~~i~~~~rf~~~h:~u~~~:~~~a~~;p~~~Sa~~~e~t~~~tf~~ii~t1~sfur-
~necessary and required for the execution and completion of:
'~;;~
>~:};;
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
FEDERAL PROJECT NO. C-36-1120-03
) I . fI ---r-J:.,. ....- "'iF-
..::y:*"IZ'>'(~J7L. vv~1"t I \~"'A.{~r /~'-Ir't ~4'(
(STATE CONTRACT AND CONTRACT NO.:I
81--0&
accordance with the Contract Documents for the lump sum price
,:tJ~ ~ ~~~~~ ~~ LJ~~
-# .!I 6
/ J 966/ 00 V -=
(WRITTEN IN FIGURES)
, which is the Base Bid.
P-B - 1
-.. HOLZMACHER, McLENOON & MURRELL, P.C.
~ CONIOl"NOfNQlNlI",UI~N'AlICll"''''''_f'UN''''''
(CONT'D. )
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
",
CONTINGENCIES
1:
. The undersigned proposes to perform Contingency Item(s) as set
forth in the drawing and specifications for the listed lump sum prices.
l!J;;"":"j~~e Engineer/Owner hereby reserves the righ"t to accept or reject
ariyi~bombination of contingencies listed which constitute a part of this
ro osal.
ADDITION
~~
CONTRACT NO. 1 - GENERAL CONSTRUCTION &
MECHANICAL WORK
Contingency Item GC-l
Spare Odor Control System
P-B - 2
;'
Fideli: and Deposit Co~panJiW~~rrWIEW
OF MARYLAND BALTIMORE, MD. 21203 FEB 14 1984
HOME OFFICE
'il'~'
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BID BOND
FERRAN CONCRETE CO., INC.
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned,._um..mm!!:~!.T.?P....~9.!f.~.r:.'?j:;fLug.CJ.'",uuI..l'1,~.'..m.u....m....muuuuu.m..uuu.u...__......
u._.,................9JmAJ...l."nm~J...Y.Q...mf.'9.;rJ)).i.ngd9J.~....uNg.w...J':9.I:li.m__.un5.mm.m.m.mumas Principal,
and FIDELITY AND DEPOSIT COMPANY OF MARYLAND as Surety, are helCeby held and firmly bound unto
Town of Southold
_____nn__nnnn__nunn.nnnnn__nnu.....un...__.___nnnnnu____uu.__.uuu.___.....__._____..__...__nn.......nuu.......................'''__.n..nnn________n
__.......n........nnn__..nn____n__._________nn...........nu.__n.....u_uuu__n......UUUd___.____n____n..._..nnuuu__.......UU.h_____n,"nununn__________..
in the penal sum oL....m__uu.mumf.i.y'!;.u,r..".:r.Q.~!1t__uL5.%)m.QJu.t.h~....smQy'nt...P.i5Lm..uu...m..u.m:mu
for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our
heirs, executors, administrators, successors and assigns.
. 21st February 84
SIgned this.mmm.muuuuuuuu.uuuu...________..__u.mday of.mu..mum.m.u..u......muu.u.....muuu.u19m...mu
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS P1e Principal has
submitted to.___...m..m..m..'............1'.9.l:!!1...Q.L.:?9.!-:ltb.Qlcl...m.......mmm.m.'.........m...mmmmm.m..............mm.m
a certain Bid, attached hereto and hereby made a part hereof, to enter iinto a contract in writing, for the
Conttraclt: #1 General Construction and M:echanical work
...__...m.m..mmm....mu.m...m....~...u....n.'nm..mmnm.m.mu.....nm...mmmmmm...u..........n.m.m.mm..mmnm..n...........m..
m__.m...m...~g'a.y..e.!:\gg,r..,.!i?~.tgn.:rr.g.a..:t!l!.e.!.\!....f.a..~:iU.!.Y..L.9.!::!!.~DP.!?!::~unmm...u.'..........m.mn.um.
nn_____.._._______.uu_.___._uuu____.uu_._.nnouu...___Uh...____n__...u.hUh___.__._u....nuuu...uuuu......._u.n__nn......nnnu""_"A__,"""""_"""__'
NOW. THEREFORE,
(a) If Baid Bid Bhall be rejected, or, in the alternate
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the
Form of Contract attached hereto (properly completed in accordance with said Bid) and
shall furnish a bond for his faithful performance of said Contract, and for the payment of
all persons performing labor or furnishing materials in connectiion therewith, and shall in
all other respects perform the agreement created by the acceptance of said Bid,
Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated,
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety'and its
bond shall be in no way impaired or affected by any extension of the time within which the Oblig~'I"f1}lY
accept such bid; and said Surety doeB hereby waive notice of any such extension, ,," ", ,', , , , , : " I,).>
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands a'1d Gli..l~, and '.' \
such of them as are corporations have caused their corporate seals to be hereto affixed and tl)e~epresent~ '
to be signed by their proper officers, the day and year first set forth abov". ' ) " l
II!, ,
C2424(!\iJ)-
nm.~.~~~~m~.~~~:~~.!E:m~~u~".....~~!~'~..m'...m..m...
P,inci/hJI \
1 \
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nu~~!..~.~.iz.....t-.c-:.f:?t@.7F...,.J1:':.~fVl.....n_.'..
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By. ~..e..~::~....m....m...m..mnm.u........,...,....
~~'['ynan, Attorney-in-Fact
,
~ , .
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.
.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporal ion of the
State of Maryland, by C. M. PECOT, JR. ,Vice-President,and L. C. WAYMAN, JR.
Ac:c:;dlllnl Sprrpt;lrv _ in nllrsuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which
STATE oo------tl~'"Z<JJ~{-----------} ss'
COUNTY 00 ______UIL__'::I2.y:;,,_______________ '
On this --------,-------c?-/-'!.C----------------day oL-h7f?.i2/...~------------------------.19-cf/..., before me personally
appeared___________~_(f!.~Ij;L__ hr~n;- .
with whom ,I am personally acquai;;t~'-~ho-'- b.i~;-i,;-~~-d;;i;-~~:~~.did-d~;~;;;~~d.;;.;;------------I7----------,--------------------
That he resIdes aL7.~~__~____!iitetYJN~~TA/:!I.---that he is the_____~tI:i.L":..'M::..___________,
01 the.-------__&~f.W.____6../JC&7E ~. ,.Ii,) C-'
the corporation described in. and which exec~t~ -th~-i~;;~i~~-i~~tru~;~t;.th~th~.k.~~;~--th;~~;;;t;.;;i-~f-~d-;;;~~ti~~:
that the seal ther~to affixed 18 such corporate seal; that it is so affixed by order of the! Board of Directors, and. that he si oed hi~
name thereto by hke order. g
r~4?fiN<l~
BR (113]23 218055 NOTARY PUBLIC, s~~~?i. York 'PUb'ifJ..",,--
, No, 41567923 ~
Ouelllled In :Ilullolk County
. Commlulon ElIp!I... MtrIiIl ilO, 1
I he said ^SSISlant ~crelary uoell Uelo;:uJ \.-co .n, .,.... ....... ........ ...&.......~ .-_.. -_ --r I __ ... "_ __ _ . .
now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporale Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, .his _......J9_t.!Lmm.m...day
of ............i\l:1~.L.............,......,.....,. A,D, 19m?~...
~~ FIDELITY AND DEPOSIT CmlPANY OF MARYLAND
ls~01 ATTEST: -A"," IJ /I. 0 .
New York
STATE oO--------------N~~nY~;k--------} ss:
COUNTY 00______________________________;:.:_______ ~
On this__________________~L~-:------------------day OL------------n------..d.--'=r.&?c"'O---.19-?-!--, belo,e me personally
appeared,_______________R9_R!':!_f.1.__Q_<___Tyng.XL___________________________.m___________________________________________________________________
with whom I am personally acquainted, who, being by me duly sworn, did depose and say:
That he resides at____N~~__I~J:'}s..._J!~_~__.'!.~E.~________________________________,that he is the.__A.1:.tet!_r.D_~.Y::J.!1':'_f.9_Qt
01 the._________________X~_~_~_l~_"!:y.___9_!')_~._Q~Es>.~~_!___g2.!!'.P.9,;!Y.,_2,L~1~J:'.Y.:19_~.________________________________--------
the corporation described in and which executed the foregoing instrument; that bl~ knows the corporate seal of said corporation;
that the seal thereto affixed is such corporate seal: that it is so affixed by order of tbe Board of Directors, and that he signed his
name thereto by like order.
BR (113)23 218055
. ~&z~~
........... .., ~l ..,...
_____r:J.-."....a~.._p_TI_......:;)._ _ _ __ _. . --______
WOTAllY r" j-"'~.'-' C", -'. 0' 'JC"~J Ycrk NolMy Publu
. ~ ~~~:A~-]'.'_;~~~-::;7;. , C01I8Iy
Q~cJ~Ld :"'t:':-""~-"1li CT.l"':-/
CCoUz;'::::O.:l I:Ap:'I.:l3 .U-J.;c:.il :...J. 1:)J5
of ....................';t:_,R~LeO. 19K1
1.1):lBo_I:lr
093-2764
..,-,.,"'-"~~~~
FnR YnT'R PRnTI<"('Tlf-'" T nf)).,- T:nR TIll<" L'~-Il ". -\TFR' 1\ R K
--~
.
.
.
t, ' ,
. . -Ll4Sll.-45M, /i.83 218043
.') ,
r \, I'
FIDELITY AND DEPOSIT COMPANY
OF MARYLAND
Statement of Financial (;olldltlon
AS OF JUNE 30, 1983
The
~
Companies
ASSETS
"'Bonds....................................................... .
.Stocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Real Estate, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Cash in Banks and Offices """""""""",."",.",..""",
Premiums in Course of Collection (less than 90 days old) .... . . .. .. . .. ..
Reinsurance and Other Accounts Receivable .........................
TOTAL AD\t1TTED ASSETS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
LIABILITIES, SURPLUS ,AND OTHER FUNDS
Reserve for Unearned Premiums. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reserve for Claims and Claim Expenses .............................
Reserve for Taxes and Expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous Reserves and other Liabilities .........................
TOTAl. LIABILITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Capital Slock, Paid Up "."""",.".""..'""" 55,000,000
Surplus"""",..""""""""""",.""", 134,172,669
Surplus as Regards Policyholders, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
TOTAL, , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , . , . , , , , , , , , , , , , , , , , , , ,
Securities carried at $3.567,368.in the above statement are deposited as required by law.
592,250,332
147,035,118
2,972,871
446,320
16,777,490
4,089,581
5263,571,712
572,219,11 7
39,936,680
3,656,4()7
8,586,838
5124,399,043
139,172,669
5263,571,712
.Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis
of June 30. 1983 market quotations for all bonds and stocks owned, this Company's total admitted assets would be
5258,936,695, and surplus as regards policyholders 5134,5,3,7,652,
I, WILLIAM R, AWlS, Treasurer of the FIDELITY ^'o DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 30th day of June, 1983,
according to the best of my information, knowledge and belief.
ST.HE OF MARYLAND
CITY OF BALTIMORE
I
. 55.
l .
William R, Amos
Treasurer
Subscribed and sworn to, hefore me, a Notary Public of the Slate of Maryland in the City of Baltimore, this 29th day
of July, 1983,
mm_..mmm______~_t_"P..~_~'!:i_,,_1._:..^.!~_s_(l'!:mm_
Notary Public
My commision expires July 1, 1986
Notarial
Seal
.
.
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T, TERRY
TOWN CLERK
REGISTRAR or VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
J~ly 18,1984
John J., Donaghy, Treasurer
Bensin Contracting Inc.
92 Terry Road, Box 529
Smithtown, New York 11787
"
Dear Mr. Donaghy:
Whereas the Town of Southold has now executed a contract
with Ferran Concrete. Co., I nc. for Contract #1, General Construction
and Mechanical Work, Scavenger Waste Treatment Facility, Greenport,
I am returning herewith your Bid Bond.
Very truly yours,
~~~
Judith T. Terry
Southold Town Clerk
Enclosure
t-r~" HOL1"~ACHER, McLENDON & MURRE.LL. P C
L CO"~"lT""G,..a'''ft~ (..",,_..,..IAl S'Of.."lInl..o"'-"....,"'s
",'oAL (caNT'D.)
",""tc"
,
t'~~.W~;~~O~:;A~~~~~'~~"C'T'
J
t
~,
I
t ., [_CIE5
TO\'iN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
~ undersigned proposes to perform Contingency Item(s) as set
_",11111 the drawing and specifications for the listed lump sum prices.
1bf Engineer/Owner hereby reserves the right to accept or reject
:....J (OIblnation of contingencies listed which constitute a part of this
'i-;6~1.
Contingency I tern GC-l
Spare Odor Control System
$
.3 o-o-i) '. ':!:9
/
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F I
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;
;
;
,
,
,
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,
ADDI'T'ION
I
I
i
~UCT NO. 1 - GENERAL CONSTRUCTION &
.'; :iAllICAL WORK
"
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,
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F
.
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.. .'>;.,.,./ffS~_...
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t-V~.L."" HOL_;~.~ACHER MclENDON ~ MURr-1lU PC
iL""'" W"~l,..""",I...u'''Hoot. 1.."'....,....t..HlS("~t..T'8.~...{I"'-.....[..~
.,....r. (CONT'D,)
-j...tI'-~
~~RW~~~~O~~A~;~~~I~~CILITY
TO\'lN OF SOUTHOLD
SOUTHOLD, NE\'I YORK
.~ ~ 6Url~z
(\'IRITTEN IN \'10 DS) ,
00
x:.-x:
-".::!::'<:"
BID DATE: FEBRUARY 21, 1984
<>.;,
<:::."
li't..II~';"
. tiif~dersigned further understands a~d agrees that hei7 to fur-
... . "labor, materlal, equlpment, supplles and other facllltles
.' '~"';:and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
GENef2.A\... CON 5 1i2.UC. TION ~ IV\EGi,-\ AN \ CAL
CONTRACT AND CONTRACT NO,) ,
with the Contract Documents for the lump sum price
, which is the Base Bid.
"
.
.,
.
.
.
cA
FIREMAN'S FUND
IN5UIWlIlE I:IIMPIUIIE!I
o FIREMAN'S FUND INSURANCE COMPANY
o THE AMERICAN INSURANCE COMPANY
o NATIONALSURETY CORPORATION
o ASSOCIATED INDEMNITY CORPORATION
o AMERICAN AUTOMOBILE INSURANCE COMPANY
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
TheIl We,
Bensin Contracting Inc.
92 Terry Road Box 529
Smithtown, New York 11787
(hE!Teinafter called the principal), as principal, and Fireman's Fund Insurance Company , a corporation organ-
ized and doing business under and by virtue of the lows of the State of Calif. . and duly licensed for the purpose of
making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of New York
as Surety, are held and firmly bound unto Town of Southold
Frances J. Murphy Supervisor
(hereinafter called the Obligee)
in the Just and full sum of
5% of Amount Bid
,-
Dollars ($ 5% lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves c;md our and each 01 our successors and assigns, jointly and severally, firmly by these presents.
- ..~~
,'..~'
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand
in and submit to the obligee a bid or proposal for the Waste Water Disposal District Scavenger Waste
Treatment Facility #1, G.C. & Mech. Work
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the-bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
the'reupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full fOrCE! and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this'
14th
day of
February
,1984
Bf>:n.c;:.;n r.ontraC'
~p
F::eZ::=;~
W. 11' . D S Attorney-in-Fact
1. l.am . urre
360277-4,81
... County of
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On this
,19_, before me personally came
day of
to me known,
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed
the same.
My commission expires___..___.__
.----Notary-iJUhliC---
;.. ~.;..--
State of
1 ss.
County of
On this
day of
,19_, before me personally came
_-_ __________to me known and known to me
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledg1ed to me that he executed the same as and for the
act and deed of said firm. .~
My commission expir~"______~__._______.______
-------~._----- NotaryPUb.l~c
-------~--------~------_._---------,---------
,,,.., '* 1
County of ~ ss. ~
'5'- day of :LL/t1j
, 1rxf-L-, before me personally came
, to me known,
who being by me duly sworn, did depose and say that he is the
of Bengin Contrac..ting tnC':_
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to
said ,nstrument IS such corporate seal; thfll!!tIW jl'AV~\~1d bSi order of th~lrectors of sa,d corporat'on. and that he SIgned his
"'~ "'.'0" "," 0'"" NOT",y ~"", ..:. ':1.~Yy.. Iflz ~
Q . No. 52-4637476 ~ .
My commISSIon expire~ CJ,' uarlf'~d in Sufralk CounJiY./ e ""/4
arc _, Jit"~.. ' Notary PubliCi
, . - .# - - ~ - -. -'. - - -. - - ,~.... .. - .... . - - - - -
State of
New York
lss
County of
Nassau
On this
14th
day of
February
84
,19__, before me personally came
william D. Surre
to me known, who, being by me duly sworn, did depose and say that
Fireman's Fund Insurance Company
he is an attorney-in-fact of
the corporation described in and which executed the within instrument; that he knows .the corporate seal of said corporation; that the seal
i:lffixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact
by authority of the Board of Directors of said corporation and by authority of this office under the Stanjing Resolutions thereof.
My commission expires
L!>vk('
, ,
BARBARA V. AND~EWS
Nobuy PiJoliC, State of New York &^ ~... ~ -/. A A
!)Z "41112 . Suffslk ('...."nty ~.~ /~
NU. ---rv _ ~r-
Commission Expires Marc.h 30, 19~
Notary Public
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(;ENERIoI.
I"OWl':Rln'
ATrORNE\' FIREMAN'S "'UND INSllRANCE COMPANY
KNOW ALL Mt:N BY T1U:~t: PRt:~.:NTS: Tha. FIREMAN'S FlIN!) INSlIKANCE COMPANY. a C"'~"'all"n dull "'~ani/<d and ui>lina und.
I"... of lhe Slale of Calihunia. Otnd havintl ill prinl:ipid office In Ihe Cit)' itnd Cuunl)' vI San Franl:l!.co.1R ",.ud SIOIle. hill, mildc. con~lilu.cd and ..ppo
and due,. by Ihelt prCKnl~ make. cone.lUulc il~d lAPpolnt
-----WILLIAM D. SURRE-----
PLAINVIEW NY '. .
ili true and lawful Auorneyh)-in-Facl. wilh full power ilnd authority hereby conferred in il'- name. place and !Hnd. to ucculc, ~eal. acknowledl
deliver any and all bondi. undcnakina~. recoaniuncci or other wnlh:n obhaalionlli in the nalure thereof _____________________~-.
and 10 bind lhe Corporation (hereby as fully and 10 Ihe sam,c elllenl a~ if suchhond, werl: !.iantd h~. lhe Presidenl. ,ealed with Ihe corponllt lUll
Corporalion and dul)' IlIc~led by illl Scc;reuu)'. hereby fIIU1fyina ilnd confirmlnll all lhalIhe iaid Allurncyh)-in-fa";l may do In the premises,
Thi. power 0' a110rney i. .r.nled pursuanllo Arlicle VIII. Seclion 30 and 31 of 81.10." 01 FIKEMAN'S FUN!) INSUKANCE COMPlI.NY no..
I",ce and e<<eCI.
HAnkie VIII, Appo;nlm~m and .4ulhorilY .4uiu.m ~~l.'rt'ar;t:.. iJnd AIIOraer-;II-fi".' iJnd AgC'lIh 10 ill,:~'C'p' LC'GiJ/ I1w.:,..,:. ;wd AliJJ,.~' ."pP<ilril'''':Io'~,
Seelion JO.Appo;mmr:m, The Chairman ofahe Board of Direclon,. Ihl.' Ilrt,ide:nl, any Vil.'t-Pfl.',idI.'1I1 or 0I11~ nllh" J1l."'(,ln ~ulhori/l.'d h}' Ihc Ill:
Direclo". Ihe Chairman of Ihe UOilrd of Direl;lors. the Prer.idcnt or an)' Vil;c.Prt,idtnl, may. frorn lilllclo IlIll~'. OIppuUH Mc,idclll A,~i!lolanl SC'-"'
and AlIOrnt)',.in.hu:l 10 repre'cnl and al.:l (or and un behalf o( Ihc ("orpo'OIllun ;lnd ^I~cnh In i.l~."'\.'pl 1I.'l!i.l1 J1rll~'I.''' illlJ U1a~~' "PIH:a'ancL" rl)r i
behalf 1)( Ihe Corporallun,
Seclion 1I. Amhor;'f' The: AUlhulilY of "loud. Rc,idcnl Ai,hli.llll SIo'lo..fl.'laril.',. Allurnl.'y'-udalo..l. alllJ A~~'lll...",h;dl h~. a, jlll.',..:Jihcl.l ill Ih.:- in"li
e"idencUiM Iheir Ippoiolmenl. and an)' ~ul.'h appoinlmenl and.1I aUlhuril)' g,anled Ih(,I('I>)' mOl) be.' lr\i~cd i.ll OII1~ 111I11: h) lhc H\Ii.lld 01. Oireclor'
In~ perwn tmpo\l'cred 10 maL.e \u.h Ippointmcnl."
Thil power of IIlorney ili li,ned and lealed under and by the ilulhorilV or Ihe rollowin~ Rc!\uhlliun ;U"I('lII.'~1 h). Ihe.' IJUillllll( 1)lrc.I~lfl' ul FIRF.:M
FUND INSURANCE COMPANY al a mcclinll duly called .IIod hehJ on Ihe 1:\lh dOl)' or July. IWIII, iUU.I !\.ul.l Mnolullun hib no, been .meAl
Fepc.lled: .
"RESOLVED, Ihill 'he sian.,ure 01 any Vice-Presiden.. ASlIilllanl Ser.:relary. and I(('sidcnl A"IMitnl Sccrclary uf Ihi!\ ('orpuralion_ and Ihl: se..1 t
Corpora.iun may be ..ffixed,or prinlcd on any power of aUorney, on OIny rC\ltll:itlion of any J'luwcr of allUrne)', or on ..n) l;eflth~.IIC relalina thert
'aclimile. and any POwer of allorney. .n~ rC"OC:llliol) of any power U( MlIurnC). ur 4:enifiulC' heafln, 'u~h fa, ,mull.' silnalur.:- or filolmilc .elll lit-
valid andbirwhn. upon Ihe Corporation. . .
IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY ha, .ausod 'h..< p,c,"n', '" t>e "an.d hI ih Vi.<-Pre"d.nl.
.nd ics corporal....llo be h<r<unlO alli.<d .hi. 12th dOl ur Januar'y . I~ Ill-
FIKEMAN'S FUND INSUKANCE COMPANY
.
t...c> CJ.t...- '- ~,4~
III
V"~."''''''''l'nl
STATE OF CALIFORNIA,
CITY AND COlINTY OF SAN FRANCISCO
} ...
On .hi\ 12th d~1 or Januarv , 19..~ . bel...""c p"""".II\ ,,,,,,,, __ _l!iJlfj~!1) W. La_uber_
10 me ~nown. lIlIho, being by me duly i~orD, did dcpo!loc iIInd 'a)": Ih.u he j, VI.......Pr~.'",.t.:11l uf Ilkl-\"'\N'~ IllND IN~llk.\NCl C(}~Jl>>-\N\ It
poralion dellcri"ed in and ,whi,h uel;~led the abo\"e inlllrUmCnl; IhCl.1 hc L.no", lhl.' ~t'al uf 'allJ (nrpUri.lllUIl; Ihat lh~' 't'..1 alll\l:lllU lilt: 'ail.! i;I'1
Ii such corporale ~cal; thllll war. \0 a(flxed b)' order of the Board of DIfCl;IOr!lo of 'aid (orporallulI Jmllhal h~' \I~l\lo.'J hi' n;Ulllo.' lhl.'ll.'W b)' Ii~..' urdcr.
IN WITNESS WHEREOf, I hil\lc hereunlo 'el my hand and affill.cd Ill)' oUI...ial ~cal. Ihc .....~ and YI.';.II h"'I~'lIl (11\1 .lhll\<<.' \\ lI11l'll
...........,....".W.,.'......-&I..................... .
I OFFICIAL SEAL !l
I e SUSIE K. GILBERT &
-,... IIOTAlY PUIUC . CAlJfOINIA !
. an , (0lIftY Of SAIl RMCISCO
I My C...m;..'onhpi,.. No.. 17. 1984
rL-,: .i.~.L'4..~~
....",....'""tolt.
("ERTUU'An:
loTATEOf CALlFOIlNIA.
CITY ANDCOlIN'ry Of SAN RANCISCO
} .,
I, .he undenianed, R..idenl A..i".nl Secrel.ry of FIREMAN'S FUND INSURANCE COM~ANY, . (,^IIHIKNI^ (''''pura.i"". IlO HI
CERTifY lhallhe forqoin. .nd ...ached POWER OF ATTORNEY rem.nn, in full (or4:e and h." nOI bt:con rl.',uL.cd; IInd fUrlfu:rn1tlr~ thai Afli~1
Scclioa, JO Ind 31 0' the Sralawl or tile Corpor.Uoa. and the lnolulion or Ih(" Doarcll or Om:r.:""",. "'I luub In Ihe f'ower (If Allorn(~. 1ft
,......
Sill.... anct_ .llhe CilY and CaualY 01 Saa FranciKo. Doled ,he
14th
d.yc>>r February
. "84-
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FlREMANS FUND
IN5UIUIICCE l:IIMI'AIOElI
777 San Marin Drive
P.O. Box 777
Novato, California 94998
FIREIWl'S FUND INSURANCEOOKPANY Telephone (415) 899-2000
SlOOWlY FINANCIAL STATEMENT - DECEMBER 31, 1982
(All FUed with Insurance Department of the State of California)
ASSETS:
*Covernment Bonds
*State and Hunicipa1 Bonds
*Hiacellaneous Bonds
+Stoclts
Cash in aanks and Company's Office
Accrued Interest
Premlu.s in Course of Collection and Other Assets
Total Assets
* 22,894,762.21
1,761,175,414.6;
70,314,266.5f
737,324,324.2f
(49:3 ,762. 7(
65,411 ,999.6f
1 175 282 291.7'
)3:831 :909 :296.4:
LIA1lILITIES, SURPLUS AND OTIIER FUNDS:
Loss and Loss Expense Reserve
Unearned Premium Reserve
All Other Claims, Demands and Reserves
Total Lisbllities
$I ,588 ,250,441.9'
667,774,212.1'
673,034,856.6.
2,929,059,510.7'
Capital Paid-up
Ket Surplus
Pollcyholder'a Surplus
Total Capital, Surplus and Reserves
eBonds are stated at Amortized Values
+Stocks are stated at Harket Values
* 3,015,000.00
899,834,785.63
902 8049 785.6
)3,831 :909 :296.4
State of California ) 88'
City and County of San Francisco) .
I, Richard Williams, Vice President of ,Fir.eman's Fund Inaurance Company, do hereby cert.
that the above ia a true statement of the assets and liabUities of said' Corporation
as of December 31, 1982, taken from the books and rec.,rds of said Corporation.
~Jl Clh~ \~ J\.~.
Richard Williams, Vice President
State of California )
City and County of San Franciaco)
aa:
Subacribed and aworn before m., a Notary Public of tb,e Stat. of California, in tbe
City and County of San Frandaco, thia 17th day of Fe!bruary, 1983.
-"-D
G s~stE.ICK~G,l~E~T
t IOTARY PIllu( - CAUfORNIA
(JJY I coum Of WlIUHCISCO I
II., (WfI....... b,.. New. 1',,191C S
-- _II.....,I..IIIU...U............_~...'""'...
,I'
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: .//~-t'~
N.,tary Public
,
<' L:.-e.4./'
of ealifornia
;. II
-
.
.
JUDITH 1. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hal!, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1981i
Stephen W. Berser, Vice President
Bancker Construction Corp.
67 Orchard Street
Manhasset, New York 11030
Dear Mr. Berser:
Whereas the Town of Southofd has now executed a contract
with Ferran Concrete Co., Inc. for Contract ill, General Construction
and Mechanical Work, Scavenger Waste Treatment Facility, Greenport,
I am returning herewith your Bid Bond.
Very truly yours,
~~~
Judith T. Terry
Southold Town Clerk
Enclosure
,....---
~
...
1
~( _.... HOLZMACHER. McLENDON & MURRE.lL. P,C
. l~'" CO..WL"toG lNOIHtltoS. t.....'-.oH..i.....~ K<f..""rt>.... .............(RS
PROPOSAL (CONT'D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTllOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
SASE BID
-
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-l120-03
~:c:\~'.,
.. ....,>.:,)
~. "3'j -
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Ni contract
-
No. 1 _ General construction and Mechanical Work
(STATE CONTRACT AND CONTRACT NO.)
)
in strict accordance with the Contract Documents for the lump sum price
of:
.,.
otVE Miu.JoN d!/-Ic *-A/L:f?a) h:enJ BEVoJ ;1)buEAA.JIJ
(WRITT~N WORDS)
~ isl tfti)~C;;:
, (WR1TTEN IN FIGURES)
PvC-C12e<; 1-(!~75
$
, which lS the Base Bid.
P-B - 1
.,......-
IlZ,
HOLZMACHER McLENDON & MURRELL, PC
.. C.Q.....Ul""OI"O'...UOO8 !..~I_.,U..T...LSClI..ttSr!_<l..............I;AS
"
r~POSAL (CO NT , D. )
.
~ l/ASTEWATER DISPOSAL DISTRICT
.:.. YJ SCAVENGER \'IASTE TREATMENT FACILITY
TOIiTN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
CONTINGENCIES
The undersigned proposes to perform Contingency Item(s) as set
forth in the drawing and specifications for the listed lump sum prices.
The Engineer/Owner hereby reserves the right to accept or reject
any combination of contingencies listed which constitute a part of this
proposal.
ADDITION
CONTRACT NO. 1 - GENERAL CONSTRUCTION &
MECHANICAL \'IORK
1"
Contingency Item GC-l
Spare Odor Control System
t J.~ 40, ~
)
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P-B - 2
~ . . .
BID BOND
.
THE IHNA &AL TY AND SURETY COMPANY
Hartford, Connecticuf 06115
..
UFE&C:ASUALTY
Bond No.
KNOW ALL MEN BY THESE PRESENTS,
That we.
Bancker Construction Corp.
67 Orchard Street, Manhasset, New York 11030
',")
as Principal. hereinafter called the Principal, and
THE lETNA CASUALTY AND SURETY COMPANY, of Hartford, Connecticut, a corporation duly organized under the laws of the
State "f Connecticut, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold
as Obligee, hereinafter called the Obligee, in
the sum of
5% of Amount Bid
Dollars
,-
($ 5:r. ), for the payment of which sum well and truly to be made, the said Principal and the said Surery,bind
ourselves, our heirs. executors, administrators. successors and assigns. jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid far The Waste Water Disposal District Scavenger
Waste Treatment Facility. Contract #1 GC & Mech.
SOHT 82-06 Fed Proj. C-36-1120-03
.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Conrracr with the
Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract
Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and
material furnished in the prosecution thereof. or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount
specified in said bid and such larger amount for wQich the Obligee may 10 good faith contract with another party to perform the
Work covered by said bid, then this obligation shall be null and voi~~. otherwise to remain in full force and effect.
Signed and sealed this 14 th
day of February
,1984
(Witness)
(Prine ipal) (Seal)
(TiUe)
(Witness)
THE /Eli CASUALTY AND SURETY COMPANY
By (,~.<-_->V 1f~ci~
William D. Surre / (Attorney-in-Fact)
AlA DOCUMENT A310
BID BOND
FEBRUARY 1970 ED.
mE AMERICAN INSTITUTE OF ARCHITECTS
.(S.18119.GI 10-70
CAT. 2271141
PRINTED IN U.5_A.
.
.
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....-~ 'f""
mil
UFEllCASUALTY
THE .ETNA CASUALTY AND SURETY COMPANY
Hartford. Connecticut 06115
ATTORNEY - IN - FACT JUSTIFICATION
PAINCWAL'S ACKNOWlEDGMENT-4F A CORPORATION
~ )
State of New York, COIJnty of ~ '55. 1!t
On this Irfl\. day of '3"":4. . 19 3'f before\ me p"",sonatly appearlMl .k ,II' """'"
to me know.n. who. be" by ~JYtv SWQl'n~~epo~. '''''. "V' Th" he/.he ,..id.. " tho City of ~
that he/she is the II '(L; r t1.tI(~ of B nckl:!r Construction ~ Cor ..
the COrporation described in and which executed the within Instrument; that he/she knows hal of said COrpora~iO that t I affixed to
said instrument is such corporate seal; that it was so affixed by order of the Board of Dir of. corporatiol\ an t lig hi."""r
name thereto by like Ofdw. ~ .
PRINCiPAL'S ACKNOWlEDGMENT-4F INDIVIDUAL OR ARM KATltt EEN t. REINHARDT
) NOrMY PU811C. Slale of New York
S .,,' No. .30-8536825
tate of New Yorit. County of \ . QU.3"~ied In Nassau County
On this day of , 19 . before me penonally 8PpeareJQmmjSSiOn Expires March 30, 19~'
to me known to be lthe individual) lone of the firm of ) described in and who ex.
lJCuted the within instrument. and he/she thereupon duly acknowledged to me that he/she executfld the same (as the act and deed of Mid firm).
SURETY COMPANY'S ACKNOWLEDGMENT
State of New York, County of Nassau l H.
I
On this 14th day of Februarv ,1984' before me personally appeared William D. surre'
to me known, who, being by me duly sworn, 4id depose and say: ThIIt he/she resides in the City of Smith town New York
that he/she is Attorney-in.Fact of THE .ETNA CASUALTY AND SURETY COMPANY, the corpoTatil"ln described in and which exec3ted the within
instrument; that he/she know. the corporate .eal of said Company; that the Hal. affixed to .aid instrulnMt i. such corpcnte MIl; thet il w.. 10
affixed by himlher and that he/sha .igned $lIid in.trumant as Attomey-in_Fact by authority of the Board of DireclOt'l of said Company; and affiant
did further depose and say thel the Superinlendent of Insurance of the State of New Yor1t ha.. pursuarlt to Chapter 882 of the Laws of the Stale
of Naw York for the year 1939, constituting Chapter 28 of the Consolidated Laws of the Stata of IIlew Yor1t known as the Inaural'lCe Law 8'
amended, issued to THE .ETNA CASUALTY AND SURETY COMPANY hi./her cartificata thet said Cclnlpany is Qualified to become and be eo-
cepted as surety or gu..antor on ,II bond., undertaking., recognizances, guaranties, and other obIigatk:lns required or permitted by law; and that
such certificate ha. not been revoked.
.-
(U..,lone,orwithS.1921IMI,
S.1922IMl,or$-1923{MII
{$-1879--G1 {MI 3-78
8Ah.brli~~ V ' ~
Notary PUbl'c' C"t: ANDREWS ~r - / - . ~_~ 1.. h.
t,vateot. ~:'Vr7&'........-..
No. 52-4641112 _ New 1 JIJ{ "**ry l'IIbIlc
COmmiSSion Exp. SuffOlk COUnty
, . l(eSMarC;h30.19~,
PRlNTlD N us. A.
'11
.,.!,
THE .eTNA CASUALTY AND SURETY COMPANY
HARTfORD. CONNECTIClIT 06156
,INANCIAL STATEMENT AS OF JUNE 30, 1982
AS FILED WITH THE INSURANCE DEPT, Of THE STATE OF NEW YORK
CAPITAL STOCK. 25,000,000 --
"..,,,.;.,, '.
. ,. '~'l" .:.,' v.. ',,""
, .T,
.,,;<,\;,...,.,
ASSETS
LIABILITIES
Cosh
Bond.
Stocks
Mortgage Loans
Real Estate
Investment income due
and accrued
Premium balances
Other assets
S 9,943,541
3,633,739,140
1,027,822,955
758,669,242
8,47.1,222
90,386,056
792,682,471
453,598,048
Unearned premiums
Losses
Loss adjustment expenses
Accrued expenses and othe( liabUities
Federal Income Tax Liability
Reserve for reinsurance in l:ompanies
not auttlQl'ized in New Yor1t
Total Liabilities
s '91t ,325,550
4,219,842,136
510,260,492
271,138,581
5,070,986
~t;.
60,640,101
S 5,9'H,~{(,84b
Total Assets
Securities carried at $
Surplus Funds 24,906,095
Capital Stock 25,000,000
Paid in surplus 138,243,947
Other surplus 608,884,787
Surplus to policyhold.... 797,034,829
s 6,775,312,675 Total, S 6,715,312,675
90,627,217 In above statement are depOSited with public authoritiu, .. required by lIw.
, ,~
~:. " . .
,
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 198L1
William Doremus, President
James McCullagh Co., Inc.
75 East Bethpage Road
Plainview, New York 11803
Dear Mr. Doremus:
Whereas you have executed Contract #3, Plumbing, Scavenger
Waste Treatment Facility, Greenport, I am returning herewith your
Bid Bond.
Very truly yours,
d /'.Y /
c::7-~3~~
Judith T. Terry
Southold Town Clerk
Enclosure
._y~......... HUl. ,CHP~ McLEN[)()~. ~ MLJ!lHlL l_ f' C
l~ U)"~"l""(' 1....'..11"'1 '''~''''''''''I''.', "'-..,..".'. ...."".....I~$
~
PROPOSAL (CONT'D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER \'iASTE TREATi"lENT FACILITY
TO\'iN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BASE BID
r The undersigned further understands and agrees that he is to fur-
nish all labor, material, equi~ment, supplies and other facilitles
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
CONT'~.,..:::-r No..3 - P.L..Ui"-'lTOIN~
(STATE CONTRACT AND CONTRACT NO.)
'strict accordance with the Contract Documents for the lump sum prlce
of:
~:,
~~-
"T~IE.NTY
1;
,..;.
NINE TJ.JolJEAN.D . FouR., J..1UNOR.~f':) 'POLL.ARS
, (WRITTEN IN WORDS)
\~;
''1 (1'0
$'1" :29,400.-
'I: (\'iRITTEN IN FIGURES)
I'
t
Jl:
It
~,1<:
<";"
:~t~
:~
, which is the Base Bid.
,,!!
;&:';
P-B - 1
----
I
I
,
i
I i PROPOSAL
~....... HOLZMACHER McLENDON & MURRELL, PC
. l~ o::"'~!tt<<.ll~f';' 1""__1"'''' ....-......'..T1I_............
(CONT'D. )
If WASTEWATER DISPOSAL DISTRICT
~AVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTilOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
ISATURDAYS, SUNDAYS AND ilOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
rHE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
rHREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR E.z'.CIl AND EVERY CALEt,-
~R DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
:ONTRACTOR:
1AMES McCULLAGH CO., INC.
70 FAST RFT~PAGE RO~D
PLAINVIEW, N. Y. 11803
IDDRES S :
iIGNED BY:
/ff/J->o1, -r~~A..~"L
.WrtuAM DOREMUS, PRES,
:ITLE:
:ATE:
::z - ,;2 1- '?L/
P-B - 2
"
.
.
THE AMERICAN INSTITUTE OF ARCHITECTS
.
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that Vje
75 EAST BETHPAGE ROAD, PLAINVIEW, NEW YORK
JAMES McCULLAGH CO., INC.
11803
as Principal, hereinafter called the Principal, and Insurance Company of North America, 1600 Arch
Street, Philadelphia, Pennsylvania a corporation duly organized under the laws of the State of
Pennsylvania as Surety, hereinafter called the Surety, are held and firmly bound unto
TOWN OF SOUTHOLD
TOWN HALL, 53095 MAIN ROAD, SOUTHOLD, NEW YORK 1197J'
as Obligee, hereinafter called the Obligee, in the sum of
FIVE PERCENT OF TOTAL BID AMOUNT
Dollars ($ 5% OF BID l,
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselyes, our heirs, executors, administrators, successors and assigns, jointly and seyerally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for TOWN OF SOUTHOLD WASTEWATER DISPOSAL DiSTRICT
SCAVENGER WASTE TREATMENT FACILITY, GREENPORT, NEW YOICK - FEDERAL PROJECT NO.
C-36-1120-03 - CONTRACT No.3# - PLUMBING
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the -Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty
hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract
with another party to perform the Work covered by said bid, then this obligatipn shall be null and void, otherwise to remain
in full fore and effect. \ >
21ST
day of
FEBRUARY
1984
,I
G{34
JAMES McCULLAGH CO., INC.
{(Principal)
~ -- ~ -=.=$.L~
WILLIAM H. DOREMusTille) VICE-PRESIDENT
/J '7. /' J /{INSURANCE COMPANY OF NORTH AMERICA
LL- iL./t?/~ (5" y) (Seal)
(WIlne55) '/A" ~ a
HELEN A. LALLY (Tille) A ORNEY-IN-FACT
(Seal)
AlA DOCUMENT A310 . BID BOND. FEBRUARY 1970 ED.
SB275 b
1
-
'SUT! OF _muN~Wu1':QlU~(uu.wuuw.m.l .
55:
COUNT" oFuuS.UEEOLK-u-nm.mwnn..
.
FEBRUARY 84
__.____..___~_.___.____.n.__nn__~.n_..19.u.._h. before me personally
appea".J.._mJi'JI},.J,@-.R.,uRQ~S..--.nun.-.n ....n ..
with whom I am per::iOnally acquainted, who, being by me d~I;-~~~;~.:did.d~~~~'~~d-~~.;~'_-.H-'__"----'.-----~----...__n..m.____.__
0" this ___2~~~_.mmm __m.._..m__m_.,._day of
That he resides OLn;[!l!'I:(;ll()'.nNJ;:.W..!''O_RK.._-m-nn....-_._..n_...-w_...---muthat he i. the VICE-PRESIDENT
_____..___.______~..___.u______u_____..
of the JAMES McCULLAGH CO., INC.
. u__.. u_ __. n _ ..u._____n .n_un u_'" _ ...__.__u_.. n_.__ .u.._...._ .
the corporution de~cribed in and which executed the foregoing i~;;;~~~~;;-;i;~;.i..~-k~~~~-~h~~l;~-pa.-~~;~-~~~i-~f-.;~id~~----n-t-~---:
th h I h " d' rpara lon,
at t e sea t er~to alhxe IS such corporate seal: that it was so affixed by order of the Board of Directors, and that he signed his
name thereto by like order.
DE~\SE CUCU.'IULLO V.....
NoWY PtmII!!. State 01 N.... ...~
No. >>-,783740 :i{;)
Qualll\ld In N...-
eommll8lcn Exol"'. Merch~
O~.icl..__..(~...
Notary Public
Cuualy
BR(1l2)2.1 205128
BE IT REMEMBERED, that at a regular meettng of the Board of Directors of the INSURANCE COMPANY OF NORTH AMERICA, duly callec and
held at tl,e office of the Company, in the City of Philadelphia, State of Pennsylvania, on the 28th day of May, 1975, a quorum being present, the follow.
ing Rescllutlon was duly adopted:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, the following Rules shall govern the execution for the Company of bonds, undertak.
ings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice.President, Assistant Vice-President, Resident Vice-President or Attorne'{-In-Fact, may execute for and in behalf of
the Company any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof, the same to be attested when
necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the Company affixed theretg; -and that the Presi.
dent or any Vice-President may appoint and authorize Resident Vice-Presidents, ResIdent Assistant Secretaries and Attorneys.in.Fact to so execute or
attest to the execution of all such writings on behalf of the Company and to affix the seal of the Company thlueto_
(2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case though signed by the President and
attested by the Secretary.
(3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of attorney granted pur-
suant to this Resolution, and the signature of a certifying officer and the seal of the Company may be affixed by facsimile to any certificate of any such
power, and any such power or certificate bearing such facsimile signature and seal shall be valid and bindin~1 on the Company.
(41 Suc:h Resident Officers and Attorneys.in-Fact shall have authority to certify or verify copies of this Resolution, the By-Laws of the Company, and
any afMavit or record of the Company necessary to the discharge of their duties.
(51 ThE! passage of this Resolutlon does not revoke any earlier authority granted by Resolution of the Board of Directors on June 9, 1953."
FInancial Statemant Decembar 31, 1982
Admitted Assets Liabilities
Cash in Office and Banks. . .
Government Bonds (amortized values I
Miscellaneous Bonds (amortized valuesl. . - .
Stocks (market value) . .
Accrued Interest. . .
Real Estate
Premiums in Course of Collection
Funds Held by Ceding Reinsurers.
All Other Assets.
$ 67,090.434
$ 746.042,B71
$1,051.834.753
$ 967,086,338
$ 37,607,758
$ 19.464,864
$ 315,101.224'
$ 25,105.245
$ 351,032,092
Unpaid Claims and Claim Expense.
Unearned Premiums
Reserve for Taxes and Expenses.
Other liabIlities_
Funds Held by Compalny under
Reinsurance Treaties. -.. . . .. . .. - .
Reinsurance in Non-Admitted Companies .
Ceded Reinsurance Balances Payable. - .
Capital Paid In. .
Surplus Paid In . .
Unassigned Surplus. . -
$1,921.976,589
$ 620,270.679
$ 35.649,641
$ 86,586,357
$ 34,532,379
$ 34,364,945
$ 112,312,848
$ 56,785.545
$ 137.100.213
$ 640,786.183
$3,580.365.579
$3,580,365,579
(- Excludes premiums more than 90 days due.l
It IS hereby certified that. _ .1:I~I,.;E;~. .A... . ~LY. . . . . . - .
has been appointed Attorney-in.Fact of the INSURANCE COMPANY OF NORTH AMERICA at ' ' ROSVXl'l, ,llEI~H);S", ,NEW., YORK. '
, .' that sa,d apPOIntment is in full force and effect as of the date hereof. that saId apPOIntment was made under and by authority of the foregoing
Resc.lutlon, which said Resolution has been compared by me With the anginal thereof as recorded in tt1e minute book of saId Company and is a true
and correct transcript thereof and is 10 full force and effect, and that the foregOIng IS a true and correct s,tatement of the financial condition of the said
Company, as of December 31, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation this.
'''.' ,.",,"" " ~ I. ~;;,;u;;
21ST
RS-1c::;~1c Ptd_ in U,SA
.
. '. .
POWER OF ATTORNEY 652085
INSURANCE COMPANY OF NORTH AMERICA
.'
PHILADElPHIA. PA.
Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA,
a corporation of the Commonwealth of Pennsylvania, haYing its principal office in the City of Philadelphia,
Pennsylyania, pursuant to the following Resolution adopted by the Board of Directors of the said Company
on May 28, 1975, to wit:
"RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-laws, the following Rules shall govern the execution for the Company of
bonds, undertak.ings, recognizances, contracts and other writings in the nature thereof:
(1) That the President, or any Vice-President, Assistant Vice-President, Resident Vice-President or Attorney-in-Fact, may execute for
and in behalf of the Company any and all bonds, undertakings, recognizances, contracts .md other writings in the nature thereof, the
!'ame to be attested when necessary by the Secretary, an Assistant Secretary or a Resident Assistant Secretary and the seal of the
Company affixed thereto; and that the President or any Vice-President may appoint and authorize Resident Vice-Presidents, Resident
Assistant Secretaries and Attorneys-in-Fact 10 so execute or attest to the execution of all such writings on behalf of the Company and
to affix the seal of the Company thereto.
(.2) Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed
by the President and allesled by the Secretary.
(3) The signature of the President or a Vice-President and the seal of the Company may be affixed by facsimile on any power of
attorney granted pursuant to this Resolution, and the signature of a certifying officer clnd the secll of the Company may be affixed by
i.1c~imile to any certificate of any such power, and any such power or certificate bearing such facsimile signature and seal shall be valid
and binding on the Company.
(41 Such Resident Officers and Attorneys-in-Fact shall have authority to certify or verify copies or this Resolution, the By-Laws of the
Company, and any affidavit or record of the Company necessary to the discharge of their duties. ...:;--.
(5) The pas~age of this Resolution does not revoke any earlier authority grclnted by Resolution of the Board of Directors on June 9,
1953,"
does hereby nominate, constitute and appoint WILLIAM A. MARINO, DAVID W. ROSEHILL, and HELEN A.
LALLY, all of Roslyn Heights, State of New Yo~k -------.-------------------------~---
, each individually if there be more than one named,
TIS true and lawful attorney-in-fact, to make, execute, seal and deliyer 011 its behalf. and as its act and deed
any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof. And the
execution of such writings in pursuance of these presents, shall be as binding upon said Company, a5 fully
and amply as if they had been duly executed and acknowledged by the regularly elected officers of the
Company at its principal office.
IN WITNESS WHEREOF, the said .....__...__......!;.~..!?~.I.E.r..__J?~....__.......................... Vice-President,
has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF
NORTH AMERICA this .....__......2.El.t:~............__............_ day of ......~~7:~.1..............__...__....m..... 19.~.~.........m'
by.I~~~;;~~Q%:.L:~.E.~I.~:
c. mtlUEL ~ Vice-President
STATE OF PENNSYLVANIA l
COUNTY OF DELAWARE ( SS.
On this ........,....2.El.1::?.... ............ day of ...........1\p.",~~...,...,............., A. D. 19.....~.3......., before me, a Notary
Public of the COMMONWEALTH OF PA. in and for the County of DELAW1\!lE came .........,.......................
...........,c::.~...~!Il'l.:ICIl~...!).l\)\I<E:.................................................., ............... '..........., ,......, Vice-President of the INSURANCE
COMPANY OF NORTH AMERICA to me personally known to be the individual and officer who executed the preceding
instrument, and he acknowledged that he executed the same; that the seal affixed to the preceding instrument is the
corporate seal of said Company; that the said corporate seal and his signature were duly affixed by the authority and
direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company, referred to
in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my han.d and affix my official seal at ,It RADNOR, PA.
the day and year first above written. ~\!AN Lt;rG~H\N Ii '!'i'_~r; .,. J ,,4 -
U1:r,3 '}:i;,~.. t, ::r;.-.; I.:~~;~:~. .'..~u. m _.~. moo_ _.....
(SEAL) It 1)orr.,.,.is.I,-;-, ~..ircJ J..,~. ,""-' }~..' Notary Public.
C- -", My commiSSIon expires I' ,.... .'- JOAN LOUGHRAN
, /' . 1M' .1, the underSIgned, ~ Secretary of INSURANCE C MP Y OF NORTH AMERICA, do hereby certify that
,( / ,tbe..oQilnal POWER OF ATTORNEY, of which the foregoing is a , true and correct copy, is in full force and effect.
\_."%'" _...l In 'Nltness whereof, I have hereunto subscrlbed my name as AKH5b:Il:bcSecretary, and affixed the corporate seal
.,..1 ~~~:~Jcorporatlon, this...........m..fJ.~L................ day of .......(7~:A:~...J.ZLl?~~~v;;c.;e.i.a-.rv....:."'j'
~~_1r:;"l'Q PM ,..11'=,. ~..~ ij.~:k~
.
.
" '
.,"
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Vincent Mortinson, President
Vinco Plumbing Corp.
2693 Middle Country Road
Centereach, New York 11720
Dear Mr. Mortinson:
Whereas the Town of Southold has now executed a contract with
James McCullagh Co., Inc. for Contract ,#3, Plumbing, Scavenger Waste
Treatment Facility, Greenport, I am returning herewith your Bid Bond.
Very truly yours,
0' /lY ..--::. -'"
~.-/--4~
Judith T. Terry
Southold Town Clerk
Enclosure
!
I; a-KJt......... HUI _MACHlP. MeLl NOON "MUHHl~.l PC
. I~ UJ.......',!...<.;I......'..tI""lII..~''''''....I....' S<-,I.."I'~_a~.....I~'
i ,..---
j, p!OPOSAL (CONT' [). )
t'
!
,
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTH OLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BASE BID
~ The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
);.'
FEDERAL PROJECT NO. C-36-1120-03
;;
i
,ltt
':Jt~
-
~cra;::cUj- '# ~ - ~ q
(STATE CONTRACT ANqJCONTRACT
NO. )
.."L
it:
f~ strict
of:
accordance with the Contract Documents for the lump sum prlce
;~"1: >
.",'..
4f
:~1 f,iw ~~,p
...."
w
,.l
~r
$' ,18,5"00.00
,'"'" '
~f:
-~
":.',;-
-'J>~
d~ ~!JAJ2 ~CL.v\ "i
(WRITTEN IN WORDS)
, which is the Base Bid.
(WRITTEN IN FIGURES)
~s
4&
'Ii:
_:}~,
:~~:.
-f
!(;
P-B - 1
I--Y"A....... HOL2MACHER. MCLENDON & MURRELL. P C
i~ coo,<........I'H(J!_I... I"~~I"''''' K,o(",..rt_""-...,,",,~
-_._~.._......~._-....._--
PROPOSAL (CONT'D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOU,HOLD
SOUTHOLD, NE\'I YORY
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
THE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE C011PLETION DATE SHALL BE
WREE HUNDRED FIFTY DOLLARS 15350.00) PER DAY FOR EACH AND EVERY CALEN-
JAR D;,Y (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
CONTRACTOR:
GfLP
~DDRESS: Jbf::, 'rYU..JAJ..z ~ ~).
~A- _~ )IJ~o
;IGNED BY: ~;;~
;ITLE: jJ /2L.\; d L.'UJ
JATE: c:l-~/-e'f
{; ;;C 0
Pf.,UI-16IAle:.,
P-B - 2
6 \.\11..
,
.....~.~
f '".:i .~" ~l
Internat&al Fidelity Insuranc4~.ompany
24 COM-ME ACE JTREET NEWARK, N. J. 0710:2
BOND 11022904
KNlJI ALL MEN BY THESE PRESENTS: That we, the undersigned'Vinco Plumbing Corp.
2693 Middle Country Rd., Centereach, NY 11720
as principal, and THE IN'l'ERNATIONAL FIDELITY INSURANCE ClI1PANY, a corporation
of the State of New Jersey, as Surety, are held and firmly bound unto
Town of Southold
in the penal sum of Two thousand five hundred & 00/100 ($2,500.00)
for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administrators, successors
and assigns.
Signed, this 3rd day of
February
19 84
The condition of the above obligation is such that 'whereas the Principal
has submitted to Town of Southold
a certain bid, attached hereto and hereby made a part hereof, to enter into a
contract in writing for wastewater disposal district-sca'~enger waste treatment
facility-Fed. proj. #C-36-ll20-03; Proj. No. SORT 82-06
NlJI. 'niEREFORE, Plbg.
(a) If said bid shall be rejected. or in the alternate
(b) If said bid shall be accepted and the Principal shall execute and
deliver a contract in the Form of Contract attached hereto. properly
completed in accordance with said bid, and shall furnish a bond for
the faithful performance of said Contract, and for the payment of
all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement
created by the acceptance of said bid;
THEN. THIS OBLIGATION SHALL BE VOID. otherwise the same shall remain in
. force and effect; it being expressly understood and agreed that the liabil-
ity of the Surety for any and all claims hereunder shall. in no event.
exceed the penal amount of this obligation as herein stated.
\',.,11
.,\. \
,.-,:'\\1
,.. '\
The Surety. for value received, hereby s.tipulates and agrees that the..", ,-:','
obligations of said Surety and its bond shall be in no way impaired or !, ;' /,,'" } ,.'1
affected by any extension of time within which the said bid may be accepte,d;" -'.,
and said Surety does hereby waive notice of any such extension. i... "', ~:i," '" \ q'
. I),)
1 ",
II. "
'/ '
() '.,
. ,
, .
, '
, I
/1/ ,.'
\:,.'
IN WITNESS WHEREOF, the Principal and the Surety have hereto set their
hands and seals. and such of them as are corporations have caused their
corporate seals, to be hereto affixed and these presents to be signed by
their proper officers. the day and year first set forth above.
'I"~"~
,)
> 'J ( \,
Signed, sealed and delivered in the presence of:
ATTEST: c2,,#...,. ~,:,;.>
~ /'
Bid IoDd
02121184
VINCOPLUMBING CORP.
?;b~~,,,
Principal
) ,
/~
/ .I
ELI TY/
ATTEST: OA.~lli ~(L{L ~ \J)QC1v.o
Adelina DiSalvo
~... ".
INTERNATINAL FIDELITY INSURANC~OMP ANY
U COMMERCE ST.: NEWARK, NEW JERSEY 07102
" .
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT JUNE 30,1983
ASSETS
TOTAL ASSETS ........
18.830,530
442,480
158,137
2,500
1,783.530
595.866
559,069
472,356
359,970
1,669.927
(1,669.927)
122,850
14,403
5,108
, ,113,346.799
Bonds (Amortized value) . . . . . .
CommonStocks (Market value) . . .
Mortgage Loans on Real Estate. .
Real Estate . . . . . . .
Cash & Bank Deposits
Short Term Investments. . . . .
Unpaid Premiums & Assumed Balances. . . . . . .
Reinsurance Recoverable on Loss Payments. . .
Interest & Dividends Due and Accrued . . . . . . .
Funds Held in Escrow Accounts
Collateral Funds Held Under Contract
Contract Balances Due & Unpaid. .
Due from ~ssex Bonding Agency, Inc.
Other Assets .. ..................
LIABILITIES, SURPLUS & OTHER FUNDS
Losses (Reported losses net as to reinsurance ceded and
incurred but not reported losses. . . . . . . . . . . . . . .
Loss Adjustments Expenses ..............
Contingent Commissions & Other Similar Charges. . . . . . . . . .
Other Expenses (Excluding taxes, licenses and fees) ........
Taxes, Licenses & Fees (Excluding Federal Income Tax)
Federal Income Taxes . . . . . . . . . . . . .
Unearned Premiums . . . . . . .
Funds Held by Company Under Reinsurance Treaties
Accounts Withheld by Company for Account of Others.
Liability for Unauthorized Reinsurance
Ceded Reinsurance Balances Payable ........
TOTAL LIABILITIES. , ,
15,725.474
1,718,576
39.503
50,198
84.537
142,000
2,305.293
50,000
7.029
25,198
163,640
, .110,311,448
1,004,150
380.450
1,650,751
3,035,35 I
Capital Paid-up. . . . . . . . . . . . . . .
Gross Paid.in & Contributed Surplus
Unassigned Funds (Surplus) .. .
Surplus as Regards Policyholders . . .
TOTAL LIABILITIES, SURPLUS & OTHER FUNDS, , , . 113,346.799
I, PHILIP KONVITZ, President of International Fidelity Insurance Company, certify that the foregoing is a fair
statement of Assets, Liabilities, Surpius and Other Funds of this Company at the close of business, June 3D, 1983
as reflected by its books and records and as reported in its statement on file with the Insurance Department of
the State of New Jersey.
IN TESTIMONY WHEREOF, I have sell my hand and affixed the seal of
the company this 15th day of August, 1983.
INTERNATIONAL FIDELITY INSURANCE COMPANY
~1 k' -~
President
.4'" .
-al. ~
TEL <201; 624-7200
POWER OF ATTORNEY
Intern.ational Fidelity Insurance Company
HOME OFFICE: 24 COMMERCE STREET
NEW ARK, NEW JERSEY 07102
BOND NO.
022904
KNOW ALL MEN BY ,THESE PRESENTS: That International Fidelity Insurance Company, a corporation organized and existing under the
laws of the State of New Jersey, and having its pnncipal office in the City of Newark, New Jersey, does hereby constitute and appoint
George F. Brenner, Gerard Quillin, J. Alan Matheson and Marianne Schito individually, Newark, New Jersey
its true and lawful attorney(s}-in.fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contncts of
indemnity and other writtngs obligatory in the nature hereof, which are or may be allowed, required or permitted by law, sta.tute, role, regulation.
contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said International Fidelity
Insurance Company, as fuliy and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article 2, -Section 3, of the By':'
Laws adopted by the Board of Directors of International Fidelity Insurance Company at a meeting called and held on the 23rd day ofDecembei.1968.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(I)
To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Se~ of
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, -':" ..
To remove, at any time, any such Attorney-in-fact and revoke the authority given.
(2)
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted
meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt:' - .
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in
the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument tOo besigQedahd
its corporate seal to be affixed by its authorized officer, this 1st.
day of May
A.D. 1982
:.~.{",..,
::.:?<..,,,,. .-
.r_;.;... . .,.
.
STATE OF NEW JERSEY
County of Essex
Executive Vice President
OIl this 1 st. day of May 1982 \ before me cam'e the\~dividua1 who executed the preceding instrumen1, to me persorialIY.
known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by
order of the B.oard of Duectors of said Company; ., '
"""~'~'"H''''' 'Y..i. ,. ' ,
.,..;'~, \.. .--,....,..~Jtj>.'...,. IN TES~IMONY WHER.EOF, I have hereunto set my.hand and af~ixed my Official Sea}..;7 ... ~.... ,..." " ...'
.' 4(- ..' '.1' \ at the CIty of Newark, New Jersey the day and year fust above wntten. V /~.'. . __, ..
tfc,/~OTA~r':.~\ .// ,<; . 0
~ i ,v, ;.; c></?/[". V OAA//7/
. . , J:> ,': .... . -c./?/Lf.~
"- \. U31..\C,..'./ . ,NotaryPublic ..'
"'.~<" >'.-. ...~~ ./ My Commission Expires April 14, 1988
".,,!.I' ./ EllS. ...... CERTIFICATION
..",..-"....",
I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Se<:tion of the B}'~Laws of said Company as set forth in said Power of Attorney, with the
ORIGiNALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect,
3rd d f February 84
IN TESTIMONY WHEREOF, I have hereunto set my hand this ay 0 19
.
.
Town Hall, 53095 Main Road
P.O. Box 728
Southo1d, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T TERRY
TOWN CLERK
REGISTRAR OF VITAL STArlSTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Attilio D'Eletto, President
BensincContracting, Inc.
92 Terry Road
Smithtown, New York 11787
Dear Mr. D'Eletto:
Whereas the Town of Southold has now executed a contract with
James McCullagh Co., Inc. for Contract '#3, Plumbing, Scavenger Waste
Treatment Facility, Greenport, I am returning here:with your Bid Bond.
Very truly yours,
d -'_-:::/ ~~
~L .:::;'~/~O
Judith T. Terry
Southold Town Clerk
Enclosure
~........ HOLZ.ER. McLENDON & MURr~[lL. P C
. I~ co..so.tl1'''OtHll'Offt.. f.."'_..I.....lKA..I'.,~_<t"'-"'....(,.l
.
(OPOSAL (CONT' D. )
,STEWATER DISPOSAL DISTRICT
:AVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
,SE BID
The undersigned further understands and agrees that he is to fur-
,sh all labor, material, equi~ment, supplies and other facilities
,cessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-ll20-03
\"'.f'
i,~ ,
i
?Luf18IN6,
(STATE
(!ONTIZ4 Gf - /10. :3
CONTRACT AN CONTRACT NO.)
,~tric1: accordance with the Contract Documents for the lump sum price
I
!\lit'
~41--L~Te~~/fi,}~
{.3 4- :3SD ,E::!L
J (WRITTEN IN FIGURES)
, which is the Base Bid.
P-B - 1
ti'.lM !:,~~~~;. ~.:~.~~:..~,~~~~~:~ ·
(CONT' D. )
H~STEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
'l'Hll, CONTRACT.
tIr. LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
U!REE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DR. DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
,,;
BY:
73€NSIAI CON TeA-C/ltIIC, I ;I:N"C-.
92 1E1Z/Z-r Z4-D
5~OuJl.j.,r/7 //78(
a~~i~
...----
? )2.c-s .
,cE13. '2.4-1 f8tf-
P-B - 2
.
.
f'
.
.
o FIREMAN'S FUND INSURANCE COMPANY
o THE AMERICAN INSURANCE COMPANY
o NATIONAL SURETY CORPORATION
o ASSOCIATED INDEMNITY CORPORATION
o AMERICAN AUTOMOBILE INSURANCE COMPANY
BID OR PROPOSAL BOND
c4
FIREMAN'S FUND
INIil/IWIIlE I:IIMPIUIIE!I
KNOW ALL MEN BY THESE PRESENTS:
That We,
Bensin Contracting Inc.
92 Terry Road Box 529
Smithtown, New York 11787
(hereinafter called the principal), as principal, and Fireman 1 s Fund Insurance Company , a corporation organ-
ized and doing business uncler and by virtue of the laws of the Stote of Cal if. , and duly licensed for the purpose of
making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of New York
as Surety, are held and firmly bound unto
Town of Southold
(hereinafter called the Obligee)
in the just and full sum of
5% of Amount Bid
"
Dollars ($ 5% lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand
in cmd submit to the obligee a bid or proposal for the
Scavenger Waste Treatment Facility, Contract 1/3.
Fed.I/C-36-1120-03. Project I/SOHT 82-06
in ':Iccordance with the plans and . specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the-bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to he duly signed and sealed this
14th
da:r of
February
,19 84
~:7~~
FiM'S Fund Insurance Com an
By ~~ Lf.
William D. S1Jrre - A torney-in-Fat!~m.Y.in.Fact
360277-4.81
... County of
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.;:: cnM
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~ ~ who being by me duly sworn, did depose and say that he is the
o c
u'"
.:i
E
..
E
~.g -
.. ..
~ i. .
CI') 0 he IS an attorneY'ln.fact of
c
~ the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal
<s: llJfixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in.Fact
by authority of the Board of Directors of said corporation and by authority of this office under the Stan:ling Resolutions thereof.
~
c
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."
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o
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~
\\
State of
.
.
.
Jss
On this
day of
, 19_, before me personally came
to me known,
and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed
the same.
My commission expires
~--""'Notary Public
------------------------------------.- .--- -----
State of
Jss
County of
On this
day of
,19_, before me personally came
to me known and known to me
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he e~~cuted the same as and for the
clct and deed of said firm.
My commission expjres_,~__
-~--------------~-~---.-~-----------------
Notary Public
''',"0' ~ }
County Of', ss, ,.I
/~ day of i:[;yIU{..f{'-Uf
d
IP
, 19~, before me person.ally came
, to me known,
../
~
Bensin Contracting Inc.
of
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to
said instrument is .suCh corporillU~~ p~f~\C1.r B'it&yyed by order of the Board of Directors of said corporation, and that he signed his
name thereto by I,ke ordMOTARY PUBLIC, State of New York ' '... ~ tili ~
3;60. ~ No. 52-4637476 . .
My commission eXPir~r Qualified In Suffolk Caun~ / ;< e. :,(~ '4
r.rm ExI?J~ March .~f1 1'1 -r... Notary Public
~ ~ ---.- . - ... -- - -..- -. ~ - - - -. ~~ -.. ,- ". - ~ ." '. - .... - ,. .. _.. .... - ....- - - - - ...
State of
New York
J ss,
County of
Nassau
On this
14th
day of
February
84
,19__, before me personally came
William D. Surre
to me known, who, being by me duly sworn, did depose and say that
Fireman's Fund Insurance Company
My commission expires '5 >4 r~
/JA!(u,-u-<A v. A,\lLi~CN~
Notary P~~'ic, State of N~w YCili-,
No. 52.46.....1112 . Suffo'k C
' "";'.11:,
mlsSlufl Expires Milrch ~O.l~~
A~.o r /J-.-J."._.._
Notar~":"
.
.
.' l
(;ENERAI.
I'OW~R m'
ATTORNEV FIREMAN'S FUND INSlIRANCE COMPANY
KNUW AI.I. r-n:N 8V TH~:~~: Pllt:S~:NTS: ThaI FIREMAN'S FlINllINSlIRANl'E COMPANY, a l'urp'lfaltun July ur~anil<d anJ ..i,''"~ und.r It
h.Wli of the Slale of California. and ha\ljn~ its prin(;ipal office in the Cit)' and CouRlY vf San Fmm:I!\Co. in "iald Slale. hit, made. COn!llilUlcd anJ appoinlcl
and doe~ bylhc:'s.e presents make. consUl ute OInd appoint
-----WIllIAM D. SURRE-----
PlAINVIEW NY ,
ils true and lawful AtlorncYI~)-in.F~c1. with tull. power and aUlhori~y hereby c<:tnrer~cd in ih name. place and stead. 10 uccuh:. seal. acknowledae 8r
delivCf any and all bonds. undenall.lnas. recoamunceli or other wrlth:" obhaallon!i. In the nUlure thereof _____________________:-____
and 10 bind the Corporation Ihereby as fully and 10 the same uteRI as if such hond\ were !iigned hy the Presiden!. ~ealed wilh Ihe corporale scul of It
Corporation and duly auesled by illlo Secrclary, hereby ratifying and confirming all thallhe '~aid AlIorneyhl-in.Pacl may do in Ihe premises.
This powcr of anorncy is aranled pursuanl to Article VIII, Seclion 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in fu
force and cffecl.
.. Arlicle V III, Appointment and AUlhorlf.v AHi.Hant ~~'rc'aric~, and A "orncr-;II-riJ~.( and Age'll f_\ 10 iJ~'n-{l1 '- e'Cal Pro~.e'\.\ .wd MJI.~' Ap"(Jr.JII~.~'!l.
Seelion 30, Appointment. The Chairman of Ihe Board of Direclon., Ihc Pre\idcnt, any Vil:I:.PrC'\id\.llt or an~ IIth~'r p~'r\OIl authorill:d hy th~ Hoard
Dircclor!l, lhe Chairman of the Hoard of Direclor~, Ihe Pre~jdcnl or any Vke-PrC'\idcnl, may, hOIR time 10 tIme, appuinl Rc\idcllI A\\i,tanl Sc:oelal
Ind AllornC')',.in-faL'1 10 repre\ent and aL'1 for and on behalr of Ihe CorpOrall\ln OInd Ailt:nh to a~.~.\'pl Ic~al prUl"l'\\ alll.llIl;Jl.c appCara/lL'L'\ fur anJ I
behalf of the Corporation.
Seclion 31, Amhor;,)'. The Authority of \uL'h Re\idenl As\hlanl SL'crClaric\, ^IIlHlH'y\.ul.la~'I, "Ill.! !\~~'Ilb ,1\;111 hL. .h lllt:\..:rihcu ill th~' ilbIlUll\t.:
tvidtncin~ lheir appoinlmcnl, and any ~uch appoinlm~R1 and Mil aUlhurity gr<lnlt:d Ihc:reby ma}' be le\ ih.o ill all~..tilne h~ IhL' 1:i~IJrtl 0'. Oirector\ or
an)' ptnon empo\l,tred 10 make \u..h appoinlmcnt."
This power of 8norne.y is si,ned and suled under and by Ihe ilulhorily of Ihe (ollowing RC~l.thlliun .ut11rtl,'(llty Ih\' Hll<lHIIlf Dircclun. uf FIREMAN'
FUND INSURANCE COMPANY al a mcelin. duly called and held on Ihe I~th day o( July. IlJhh, iU1J ~ah.l KI:!lulullOn hall nol been ltmendcd l
repealed:
"RESOl VED. thOlI the signa lure of any Vice-Presidenl. Assis1anl Sccretury, and Residenl A!.!.i!.tanr SCL'relary ur Ihi\ Corporatiun. and Ihc seal of lhl
Corporal ion may be ..ffiudor prinled on any power of allorncy, on any reVllf.:aliun o( any puwer uf aHurney. ur un .m~ l:erllh;;atc relaling Iherelo, b
facsimile, and ,any power o( allorney. any, re\localio" of any puwer of MUnrne), ur cerlificale hcarllli \UL'h faL...mulc ~Ignalur(' or fac!.lmilc ~CilI shall b
valid andbindlOl upon Ihe Corporalion. '
IN WITNESS WHEREOF, FIREMAN'S FUND INSURANCE COMPANY has caused Ih('~e J'lrc\enl\ 10 he ~ignetJ h~ it!. Vil,:e-Presidenl.
Ind ils corporate scallo be hereunto .Uixed Ihis
12th
day of
Januarv
.IY~
FIREMAN'S FlINlllNSURANCE COMPANY
.
t..c> L~~'- ~. 4f1t.~. t
-
By
VI'''-'',..,l4Itm
STATEOFCAUFOIlNIA.
CITY AND COUNTY OF SAN FRANCISCO
} ...
Onlhi. 12th dayor Januarv , 19 ~ . b,r."'IIl'r""",,,II, ,,,,,,,. __ ~UJJam~lauber
to me I..nown, who, being by me duly sworD, did depm,e iind \a~.; Ihal hit ~...Vll.L..Prl,"ldl'lll uf l'IKl-\I..\N'~ Ili~1> IN.~llk.'N(T (,O'II'..\NY, Ihc C
poratioo dc,cribed in and which executed Ihe abolle in,trument; Ihat he I.nO\\\ the \eal uf \all.l CmputJlIun; lh:.tl till' \\'0.11 al"f1\l'u 10 IhL' ~aid i.hlrulll\"
is sueh corporatC' lloeal; thai il WI, ~o affixed by order of Ihe Hoard of DiH'clon of \ald Corporation and lhat ht' \igll\'J hi, t\:lllll. IhL'H.'IO by Ill..c urc.h:r.
IN WITNESS WHEREOF, I have hereunlo '>el my hand and affi~ed I1IY offit.:iill \ci.lI, lhe da~' anl.! Yl.',lr hl'I~.ill fir\l >lnu\ t. \\, llll'll
....01.........................1111......1111.......11. .
! OFFICIAL SEAl. !
; e" SUSIE K. filUERT i
I ".' .' , NOTARY PUIUC . CAIJfORNIA =
. . an , COUIlIY Of SAIl _CISCO -
I My Commillion.hpir.s Nov. 11, 198" Ii
1,.rTTTlr ,., I
rzI~~~
...".~" Puld".
{'ERTUU'ATE
~'T A TE OF CAUFOKNIA.
CITV AND COUNTY OF SAN FRANCISCO
} ...
I, Ihe undersianed, Resident Assislanl Secrelary of FIREMAN'S FUND INSURANCE COMPANY, a ('AIIFORNIA Corporatiun, DO Ht:MI"I
CERTifY Ihallhe foreloina and anlched POWER OF ATTORNEY remium ill full force and 11<&\ not hCC'1l rL'\ul.cd; and lurlhernwrL' that Anidl.' \'11
S(clion~ 30 and 31 of Ihe B)-laws of the Corporation, and Ihe Relloolulion of Ihe HOitrd of DlrL'dOr\, loL'1 IlIult III Ihe Puwer (If AIIUfllt'~, arc nu","
force.
Sianed and staled IllheCily and CounlY of San Francisco. Dtiled Ihe 14 th day of B~brtl,q ry , 1984--
#.. -,
<~}
~.. ..1)
/dd~,L
.
.
.
"
A
FIREMAN'SFUND
INSURANCE COMPANIES
g
1
.
j
1
777 San Marin Drive
P.O. Box 777
Novato, California lJ4998
FIREMAN'S FUND INSURANCE COMPANY Telephone (415) 899-2000
SUMMARY FINANCIAL STATEMENT - DECEK!l];R 31, 1982
(As Filed with Insurance Department of the State of California)
ASSETS:
*Government Bonds
*State and Municipal Bonds
*Hisce11aneous Bonds
+Stoc:ks
Cash in Banks and Company's Office
Accrued Interest
Premiums in Course of Collection and Other Assets
Total Anets
. 22,894,762.28
1,761,175,414.62
70,314,266.56
737,324,324.26
(493,762.70)
65 ,411 ,999~ 66
~ 175 282 291.74
)3:831:909:296.42
,-
LIABILITIES, SURPLUS AND OTHER FUNDS:
Loss and Loss Expense Reserve
Unearned Premium Reserve
All Other Claims, Demands ~and Reserves
Total Liabilities
$I ,588 ,250 ,441. 99
667,774,212.14
673,034,856.66
2,929,059,510.79
Capital Paid-up
Net Surplus
Policyholder's Surplus
Total Capital, Surplus and Reserves
*Bonds are stated at Amortized Values
+Stocks are stated at Market Values
. 3,015,000.00
899,834,785.63
902 849 785.63
)3.831 :909 :29'6.42
State of California )
ss'
City and County of San Frandsco) .
I, Richard Williams, Vice President of Fireman's Fund Insurance Company, do hereby certify
that the above is a true statement of the asse~s and liabilities of said Corporation
as of December 31, 1982, taken from the books and records of said Corporation.
~~llA~ ~V,\,-~---_.
Richard Williams, Vice President
State of California )
City and County of San Francisco)
8S:
Subscribed and sworn before me, a Notary Public,of the State of California, in the
City and County of San Francisco, this 17th day of February, 1983.
~'
.-/,1 . ~
~'./a.L.-<' I
Notary Public
</ A;"L,4./"
of tAlifornia
Ii
nul........R.,..,1......' -
@ OFfiCIAL SEAL
, SUSIE K. GILBERT
f. NOTARY. Pl/BUC- CAliFORNIA i!
art a COUlllY Of SAIl iIlAH('SCO =
My (WI.....SHt" bpirn New, 17. 1984 i
...._UI..II.,II..,U.U...."'I.....II......... .
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR or: VITAL STATISTICS
~'1
~ --.-...,
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Richard T. Flood, President
M. J. Flood, Inc.
252 I slip Avenue
Islip; New York 11751
Dear Mr. Flood:
,-
Whereas the Town of Southold has now executed a contract with
James McCullagh Co., Inc. for Contract'1/3, Plumbing, Scavenger Waste
Treatment Facility, Greenport, I am returning herE,with your Bid Bond.
Very truly yours,
~d~~r
Judith T. Terry
, Southold Town Clerk
Enclosure
"
.
~....... HOlIMACHER. McLENDON & MURRELL. PC
. I~ GOfo"...'I"'OI_..........",_...I.'tcA..'.."._PUo......
.
,..
PROPOSAL (CO NT' D. )
~J'
ilASTEWA,TER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
,
~.
BID DATE: FEBRUARY 21, 19B4
BASE BID
The undersigned further understands and agrees thslt he is to fur-
rish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-ll20-03
Town of Southold, Wastewater Disposal District
Scavenger Waste Treatment Facility, Greenport, N.Y.
(STATE CONTRACT AND CONTRACT NO.)
in strict accordance with the Contract Documents for the lump sum price
of:
__' . t-'M= J J /J' /J I /J /J /I r ~ () ,'-1 ,/)~
/uwJ:;~~~K/f~~ /....~~Jh.V/!'l:>
(WRIT N IN WORDS)
$
() /' lJL
019 ~ ;( oJ fro
(WRITTEN IN FIGURES)
, which is the Base Bid.
P-B - 1
-
.
.
~..'" HOLZMACHER. McLENDON & MURRELL. PC
. ~ GCIfIlIIUL'...t......_..~",...__..,..'t1I_~...
(CONT'D. )
ASTEWATER DISPOSAL DISTRICT ,
AVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE D/.TE OF SIGNING OF
THE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
tHREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
MR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
CoNTRACTO R :
M.J. Flood, Inc.
ADDRESS:
252 IsIip Avenue'
SIGNED BY:
,
TITLE:
DATE:
~
~~Y' 11751
//~,,:~~
President
2/21/84
y.
"
:,,;,
"
'I::
CHUBB tROUP of Insurance Cct,panies
CHUBB
15 Mountain View Road, P.O, Box 1615, Warren, NJ 07061-1615
FEI)ERAL INSURANCE COMPANY
BID BOND
Bond No. 80959066-B
Amount $ 5% of Amount Bid
Know All Men By These Prel~ents,
That we,
M. J. Flood, Inc
252 Islip Avenue
Isllp, New York 11751
(hereinafter called the Principal),
as Principal, and the FEDERAL INSURANCE COMPANY, Warren, New Jersey, a corporation duly organized under
the laws of the State of New Jersey, (hereinafter called the Surety), as Surety, are held and firmly bound unto
Town of Southhold
Long Island, New York
(hereinafter called the Obligee),
in the sum of Five Percent of Amount Bid ______________u___________________ Dollars
($-----5%------- ), for the payment of which we, the said Principal and the said Surety, bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
Sealed with our seals and dated this
A. D. nineteen hundred and eighty-four.
14th
day of
February
WHEREAS, the Principal has submitted a bid, dated February 21. ,19 84
for Contract #3, Plumbing work, Wastewater Disposa 1 District Scavenger
Waste Treatment Facility, Greenport, N, Y., FE~deral Project C361120-03.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a con-
tract with the Obligee in accordance with such bid and give bond with goocl and sufficient surety for the faithful
performance of such contract, or in the event of the failure of the Principal to enter into such contract and give
such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the
amount specified in said bid and the amount for which the Obligee may legaHy contract with another party to per-
form the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be
null and void, otherwise to remain in full force and effect.
,I
M T- FToon, INC.
Principal
~~~
,\',,:
"
,\
, 11\,'
, \
\
ii'
''.\
FEDERAL INSURAI~CE COMPANY
,
By:ctJ';"~ )~~
Louise Nesladek, Attorney-in-Fact
Form 15--02-0002 (Rev. 7-83)
PRINTeD
V~A
.
. ,
,>
.
.
(Individual Principal)
COUNTY OF
} ss.:
STATE OF
On this
day of
19
, before me personally
came
me to be the individual described in and who executed the fore90ing instrument. and
to me that he executed the same.
, to me known and known by
he duly acknowledged
Notary Public
My commission expires
(When Principal is a Firm)
COUNTY OF
} ss.:
STATE OF
On this
day of
19
, before me personally
came
, to me known and known by
me to be a member of the firm of
. described in and
which executed the foregoing instrument, and the said
duly acknowledged to me that he executed the said instrument in the name of said firm and for its purposes and on
its behalf.
Notary Publ ic
My commission expires
(When Principal is a Corporation)
STATE OF
COUNTY OF Suffolk
New York
} ss.:
On this
17
day of
February
19 84 ,before me personally
came
Richard T. Flood
to me known, who being by me dUly
sworn, did depose and say; that he resides in !slip, New York
that he is the
President of M.J. Flood, Inc.
in and which executed the above instrument; that he knows th
instrument is such corporate seal; that it was so affixed by
that he signed his name thereto by like order.
PATRICK J. MURRAY
Notary Public, State of New York
No. 52-283450
Qualified in Suffolk County
Commission Expires March 30. 1985
the corporation described
eal of said cor~ration; that the seal affixed to said
the Boar'9'f Directors of said corporation, and
Notary Public.
Form 15-10-16 {Formerly 12251}
R-02719 (SM)
....Tto
,.
...
..~'
FEDERAL INSURANCE COMPANY
ANNUAL STATEMENT-DECEMBER 31,1982
IN THOUSANDS OF DOLLARS
ASSETS
United States Treasury Bonds. . . . . . . . . .
United States Government Secured
New Housing Bonds. . ..... ..... ... .
State and Municipal Bonds . . . . . . . . . . . .
Other Bonds.. .. , .. .. , .. . .. .. , .. , .. ,
Preferred Stocks. ...............
Common Stocks. . . . . . . . . . . . . . . . . . . . .
Other Invested Assets ...............
TOTAL INVESTMENTS ".'"""
Investment in Affiliates:
Great Northern Insurance Co. .
Pacific Indemnity Company . . . . . . . . . .
Chubb Life Insurance Co . . . . . . . . . . . .
Bellmead Development Corp , . . , . , . . ,
Chubb Ins. Co. of Canada. , , . , . . . . , ,
Other..,............,..,........ .
Cash.,..,.......,....,..,....,.., .
Net Premiums Receivable . . .
Reinsurance Recoverable on Paid
Losses ...._........._.......
Other Assets.. .. .. ... .. ... . .. .. .
TOTAL ADMITTED ASSETS """.,.
STATUTORY BASIS
$ 107,387
82,222
512,780
12,727
79,807
158,860
12,977
966.760
20,533
82,372
38,776
66,148
18,292
15,223
47.417
165,088
20,957
55.627
$ 1.497.193
LIABILITIES
AND
SURPLUS TO POLICYHOLDERS
Unearned Premiums. . . . . . . . . . . . . . . $
Outstanding Losses an.::t Claims . . . . . . . .
Ceded Reinsurance Balances Payable. . .
Funds Held under Reinsurance Treaties .
Non-Admitted Reinsurance
Other Liabilities.
TOTAL LIABILITIES
Common Stock
Paid-in Surplus
Earned Surplus.
Unrealized Appreciation of Investments. .
SURPLUS TO POLICYHOLDERS, '
TOTAL, , , . ' , . , , , , . . , . , , ' , . . ' . . . . .
"
318,323
664,960
16,201
9,068
27,249
94.844
1.130.645
13,987
40,913
243,158
68.490
366.548
$ 1.497.193
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $23,713 are deposited with government authoriUE!s as required by law.
State, County & City of New York, - ss:
Richard Hight Assistant Secretary olthe Federal Insurance
Company being duly sworn, deposes and says that the foregoing staltement of the Assets and
Liabilities of said Federal Insurance Company on December 31, 1982 is trlle and correct and is a true
abstract of the Statements of Assets and Liabilities of said Company as filEld with the Secretary of the
Treasury of the United States for the 12 months ending December 31, 1982.
Subscribed and sworn to before me
this 1 st day of April, 1983.
.}~ tk/1'~
Notary Public
Form 'Z7-1Q.OO71A(Rev. 4-83)
. j~~
tant Secre ary
DOR'S F V'LLEGAS
NOTARY PUBLIC, 81.1801 New York
No. 01\1' 4612679
=aJified in Putnam Cou~
Carli. at", Filad in New York ,ntv
Conlm IOn Explree March .1985
R-16475 (20M)
PAlfiTEO
u.~:A.
.
.
POWER OF ATTORNEY
.
"
. '
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpora-
tion, hClIS constituted and appointed, and does hereby constitute and appoint Edward G. Traks, Louise Nesladek and Frances
Chelales of New York, New York-----------------------------,-________________________________
each il~i" true and lawful Attorney.in.Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as
surety thereon or otherwise, bonds of any of the following classes, to-wit:
1. Bonds and Undertakings filed in any suit. matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of anything
specified in such Bond or Undertaking.
2. Surety bonds to the United States of America or any agency thereof, including H,ose required or pl;lrmitted under the laws or regulations relating to Customs
or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village,
Board or other body or organization, pu"'!ic or private; bonds to Transportation Companies, Lost Instrument bonds; Lease bonds, Workers' Compensa.
lion bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and similar public officials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
In Wttne.. Whereof, the said FEDERAL INSURANCE COMPANY has, pursuanllo ils By.laws, caused these presents to be signed by its Assistant Vice-President and AsSistant Secretary and i1s
COIpOrateseallobehereloaffixedthis 30th day 01 November 1983
Corporale Seal
(' -) lJ~/~, ". ,
" "Ll ~
O.Connor '/
A....tant Secretary
~D'RALI."1:~
George McClellan
A....tant VDPrn6dent~.
/
i 1
Aichard b
STATE OF NEW JERSEY
County of Somerset
} ss
On this 30th, day 01 November 19 83 . belore me personally came Richard o. O.Connor 10 me known and by me known 10 be Assistant Secretary of the FEDERAL IN-
SURANCE COMPANY. the corporation described in and whiCh executed the loregoing Power 01 Attorney, and the said Richard 0, Q'Conne'r being by me duly sworn, did depose and say that he is Anistanl Secretary
ollne FEDERAL INSURANCE COMPANY and knows the corpolale seal thereof; that the seal affixed to the foregoing Power 01 Attorney is such corporale seal and was IhBfelO affixed by authority of the B~laWS
01 said Company, and thai he signed said Power 01 Allorney as Assislanl Secretary 01 said Company by like autl\ority: and that he is acquaimed with George McClellan and knows him to be the Assistant Vice-President
01 said CClmpany. and that the signature of said George McClellan subscribed to said Power 01 Allorney is in the genuine handwriting of said George McClellan and was thereto subscribed by authority of said
By-la~s ilnd in deponer,fs presenc~
Notarial Seal
A""~le'..' on' Swom 10 bel~. me (
lnthe.date~n.
~<'.L..~ -/ -- U
Notary Public
CEATIFICAnON
AueE llC;;;'fW
STATE OF NEW JERSEY
County of Somerset
} SS
NOTAF~Y rusLlC Or I.;[W JE~32(
My Commission L~;pjres Jline 23, 1:;38
1, the undersigned. Assistant Secrelary of the FEDERAL INSURANCE COMPANY, do hereby certily Ihat the 'ollowing is a true eKcerptlrom the By-Laws of Ihe said Company as adOpted by its Board ot Directors
on March 11. 1953 and most recently amended March 11,1983 and Ihatlhis By-law is in lull force and eltect
"ARTICLE XVIII
Seclion 2. AU bonds, undertakings, contracts and other instrum8flts other than as above lor and on behalf of the Company which it is authorized by law or its Charter to execute, may
and shall be executed in lhe nama and on behall 01 the Company either by the Chairman or the ViCe-Chairman or the Presidel,t or a Vice-President, jointly with the Secretary or an Assistant
Secrelary, under their respec1ive designations, except Ihat any one or more officers or attorneys.in.lact designaled in any resolution of Ihe Board ot Directors or the Executive Committee,
or in any power 01 altorney execuled as provided lor in Section 3 below, may execute any such bond, undertaking or other ,)I)ligation as provided in such resolution or power of attorney.
Section 3, All powers 01 attorney for and on behalf of the Company may and shall be BIl8Culed in the nama and on behalf oIlhe Company. either by the Chairman or the VICe-Chairman or the President
(J( a Vice-President or an Assistant Vice-Presidenl, jointly with the Secretary or an Assislant Secretary, under their respective desi!;lnalions. The signature 01 such officers may be engraved, printed
or lithographed ..
I further certify that said FEDEAAlINSURANCE COMPANY is duly liCensed 10 Iransacllidelity and surety buSiness in each 01 the Slates of 11'\8 United States of America, Districtol Columbia, Puerto Rico, and each 01 the
Provinces of Canada with the exception 01 Prince Edward Island; and is also duly licensed to become sole surety on bonds, undertakin;s, eIC., permilted or required by law
I, the underSigned Assistanl Secretary of FEDERAL INSURANCE COMPANY, do herebycerlilylhatlhe foregoing Powerol Attorney is in fulllorce and ellsct
Given ul,der my hand and the seal 01 said Company at Warren. N_J., this
14th
uayol
FAhnli=lry
.1.R4
-frJ. JfQ/Vl ~
Aaaletants.c...tary
Form21-1o.Q333(Ed.7-83}GENERAL
.,":If:'O
. .
,.. ", : i
I",. I
.
.
" .
ACKNOWLEDGEMENT FOR ANNEXED INSTRUMENT
S~TE OF New York
COUNTY OFNew York
On this.... .1.4.tl}..... .............. .day ofF~prl}~~............ ...................... .1984
1 Louise Nesladek h b
before me persona ly came.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. W 0, eing
by me duly sworn, dlrl rlepose anrl say that he Is an Attorney-In-Fact of the
FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof, that
the seal afflxerl to said annexerl Instrument-is such corporate seal, an-l was
thereto afflxe-l by authority of the Power of Attorney of said Company, of
which a Certified Copy is hereto attacherl, and that hE~ signed sairl Instrument
as an Attorney-in-Fact of said Company by like authority.
Acknowledgeri an-l Sworn to before me
:],oate obo~ wrttten
........ .....
FRANCES CHELALES
Notllry Public, Slate of New YCIIk
No. ~4-4660525 .!r
QuaUfied in. Kln~s Countf ..,
CommiS8ion ExpITS8 Maro/I3O, 1
.
.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18,1984
Andrew McDowell, President
McDowell Electric Corp.
Box 216, Edwards Avenue
Riverhead, New York 11933
Dear Mr. McDowell:
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
,-
Whereas you have executed Contract #4, Electric, Scavenger
Waste Treatment Facility, Greenport, I am returning herewith your
Bid Bond.
Very truly yours,
d_ A.J .-/
(/'-""~-L ..YL:k/&r
Judith T. Terry
Southold Town Clerk
Enclosure
1
I ,..--
I! ROI'~r '\'
i PV...JI U
,
I
,..--
I'~."'-
".J: .'M4'~,Hi;j >"', l r..i.;,)r. A, ....'cd<"L.L'. .' (
,".,..~_<,' ......, t "" ~I!"'" ,~.... ....., ~'., '- "~' ,." _,.... .~..t~,
(."-',,"'T1 I" \
I,'---'--''-'.J. U.)
Ii
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOVlN OF SOUTHULD
SOUTHOLD, NEW YORK
DID DiWE: FEBRUl\Ry_~,_198_~___
BASE BID
--
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facllities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
E L,E(i F; I (fJL r;~;-/T;?I'1CT tr L.j
(STATE CONTRACT AND CONTRACT NO.)
in strict accordance with the Contract Documents for the lump sum prlce
of:
t..-/1 '
Itg~~ ,
v
~7 ."
t_/'>
I., :-:".,. ..~
",..J /) "
.7/--:;.)//<~o"'/'1 ;/;'>/./(::-/-'-/'-;'/;>-7 ~'''-/;;
(WRITTEN IN WORDS)
J
/;.'1~/V;"~
:-/-
$
97 7'77 /"
/(WRI TTEN IN FIGURES)
, which is the Base Bid.
P-B - I
a-..v-.A........ HOL1MACHER, McLENDON ~ MURRELL PC
. l~ C'OO'........T'fO(]l""O<..II..I..V'_t..l....Io0t..',.rs-..~...~'*...
---
pROPOSAL (CONT'D.)
I
IWASTEWATER DISPOSAL DISTRICT
[SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
~ATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
THE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
..,..
,r...
l\:-
!j;"
CONTRACTOR:
M{. DeweLL- ELECTRIC ~"r,);p
IIDDRESS: ? D. B0X Lib
C~dt:: I':EW ~4
SIGNED BY: ( '/1 . c,,---:mi: ' , .-
IITLE: Pl?ES j DCl'IT
,
lATE: FEBRrI.A/?J/ 2~ J'tf?Lj
I
Ef)IA-',1J:))S !lVE',
.
P-B - 2 I
~'
~~
f IiIl
Internatlnal Fidelity Insurancl~ 'ompany
,.-."
24 COMMERCE STREET NEWARK, N. J. 07102
KNCM ALL MEN BY THESE PRESENTS: That we, the undersigned,
McDowell Electric Corp. ,Box 216 ,Edwards Ave., Calverton, New York 119))
as principal,' and THE IN:JERNATIONAL FIDELITY INSURANCE CCMPANY, a corporation
of the State of New Jersey, as Surety, are held and firmly bound unto
Town of Southold
in the penal sum of 5% of the amount bid
for the payment of which, well and truly to be made, we hereby jointly and
severally bind ourselves, our heirs, executors, administra~ors, successors
and assigns.
Signed, this 21stday of February
1984
The condition of the above obligation is such that whereas the Principal
has submitted to Town Of Southold
,-
a certain bid, attached hereto and hereby made a part hereof, to enter into a
contract in writing for Scavenger Waste Treatment Facility,
Greenport, New York - Project #C-)6-n.20-0) - Contract #4
NCM, TllEREFORE,
(a) If satd bid shall be rejected, or in the alternate
(b) If said bid shall be accepted and the Principal shall execute and
deliver a contract in the Form of Contract attached hereto, properly
completed in accordance with said bid, and shall furnish a bond for
the faithful performance of said Contract, and for the payment of
all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects per'form the agreement
created by the acceptance of said bid;
THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in
force and effect; it being expressly understood and agre:ed that the liabil-
ity of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein sta,ted.
The Surety, for value received, hereby stipulates and agrees that the
obligations of said Surety and its bond shall be in no ~~y impaired or
affected by any extension of time within which the said bid may be accepted;
and said Surety does hereby waive notice of any such ext:ension.
IN WITNESS Wl!EREOF, the principal and the Surety ha.ve hereto set their
hands and seals, 'and such of them as are corporations ha~e caused their
corporate seals, to be hereto affixed and these presents to be signed by
their proper officers, the day and year first set forth above.
AT:JEST:
(j.~~_/fj ~ /'
/-
, ,
,
:~M~J~TY ,~~;~, .'
RobertJD. Reuter Attorney-In~Fact
Signed,
of: ~ELL ELECTRIC CO
~ )
PriI1lcipal
ATTES :
Bid IloDd
.. County of
c
'"
;;; E
~ 0>
" '"
:E 'i
" 0
.E~
~
.
1 ss.
.
" .
I
S . f"' '",
tate-.pI~-""~
On this
day of
,19_, before me personally came
to me known,
and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged to me that he executed
the same.
My commission expires
Notary Public
State of
County of
1 ss.
~
c
'"
E
0>
E"i1
~~
c
'"
~
On this
day of
,19_, before me personally came
to me known and known to me
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he exe~uted the same as and for the
act and deed of said firm.
My commission expires
Notary Publ ic
State of 1
County of ss.
.a_l '" .;, ;0 ~ L -.... 0' ?~
~.. ~-~~~
to" ~
"-.!!. ~L.-
8. ~ who being by me duly sworn, did depose and say that he is the .J'J'./3
.3 ~ ot-,~..c~ c%~"' c:y.
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to
s,!id instrument is such corporate seal; that it was so affixed by order of the Board of DirE!ctors of said corporation, and that he signed his
name thereto by like order. EDWIN R. RIEKERT ~ P ~ ~
~~ ~~~~s~o: ~~i~e~ _ _ ~Si;~~~!:~~~~~~~[~~5~ _ _ _ _ _ _ _ _ _ _ _ ~~ ~~~ _ --= __ __
, 19.1.1-, before me per~onally came
, to me known,
State of
New York
~
i
E
l;.g'
'" ..
~ ~ he is an attorney-in-fact of International Fidelity Insurance Company
c
~ the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal
oct affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact
by authority of the Board of Directors of said corporation and by authority of this offiCe' under the Standing Resolutions thereof.
"'~ .. .,,. .
: . ELlZA5ETH ANNE ~OGAR~~; . :
3/3~/85 :lotary P::~O~:"~;~a~7~ew York w..,
....~. _ _.a_uaiifl~ ~f'l NaE~;au C~'_H'tv __ (:'('
On this
'/~
} ss.
County of
Nassau
day of
%~
,19 ?y, before me personally came
Robert D. Reuter
to me known, who, being by me duly sworn, did depose and say that
My commission expires
't~.+r
FORM # 13 2SM s/A'?
.- ...
"
,-
,,"
',.
. .
INTERNATIONAL FIDELITY INSURANCE COMPANY
24 COMMERCE ST., NEW ARK, NEW JERSEY 07102
"
,
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS
AT DECEMBER 31,1982
_ ASSETS
Bonds (Amortized value) . . . . . . . . . . . . . . . . . . . . . . . . .
Common Stocks (Market value) . . . . . . . . . . . . . . . . . . . . .
Mortgage loans on Real Estate. . . . . . . . . . . . . . . . . . . . . .
Real Estate ................... . . . . . . . . . . . . . . .
Cash & Bank Deposits .. . . . . . . . . . . . . . . . . . . . . . . . . .
Short Term Investments. . . . . . . . . . . . . . . . . . . . . . . . . .
Unpaid premiums and Assumed balances. . . . . . . . . . . . . . .
Reinsurance Recoverable on Loss payments. . . . . . . . . . . . .
Interest & Dividends due and accrued. . . . . . . . . . . . . . . . .
Other assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Funds held in escrow accounts ........ . . . . . . . . . . . . .
Collateral funds held under contract. . . . . . . . . . . . . . . . . .
Contract balances due and unpaid .............. . . . . .
Due from Essex Bonding Agency, Inc. ................
TOTAL ASSETS ,...,..,......,........,...
LIABILITIES, SURPLUS AND OTHER FUNDS
Losses (Reported losses net as to reinsurance ceded and
incurred but not reported losses) .. . . . . .'. . . . . . . . . . . .
Loss adjustment expenses. . . . . . . . . . . . . . . . . . . . . . . . .
Contingent commissions and other similar
charges. . . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . .
Other expenses (eXcluding taxes, licenses and fees) . . . . . . . .
Taxes, licenses and fees (excluding Federal Income
Tax). . . . .. . . .. . . . .. .. . .. . . . .. .. .. .. .. . . .. .
Federal Income Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . .
Liability for unauthorized reinsurance ................
Unearned premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Funds held by company under reinsurance
treaties. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts withheld by company for account of others . . . . . .
Ceded reinsurance balances payable . . . . . . . . . . . . _ . . . . .
TOTAL LIABILITIES. . , . . . . . . . . , . . . . . , . . . , . .
Capital paid-up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Gross paid-in and contributed surplus. . . . . . . . . . . . . . . . .
Unassigned funds (Surplus) . . . . . . . ; . . . . . . . . . . . . . . . .
Surplus as regards policyholders .................
TOTAL LIABILITIES SURPLUS
AND OTHER FUNDS, . . . . . . . . . , . . . . . . . . . . . , .
$7,547,622
387,150
98,691
112,000
2,139,445
1,470,952
581,391
255,516
361,237
5,108
1,808,799
(1,808,799)
49,256
14,433
$13,022,801
$5,999,407
1,800,378
34,440
73,055
100,151
167,000
26,119
2,100,866
50,000
2,768
158,109
$10,512,293
$1,004,150
380,450
1,125,908
$2,510,508
$13,022,801
I, PHILIP KONVITZ, President of International Fidelity Insurance Company, certify that the foregoing is a fair
statement of Assets, Uabilities, Surplus and Other Funds oftrus Company at the close of business, December 31,
1982 as reflected by its books and records and as reported in its filed annual statement for 1982 'with the Insurance
Department of the State of New Jersey.
IN TESTIMONY WHEREOF, I have set my hand and affixed the seal of
the Company this 28th day of February, 1983.
INTERNATIONAL FIDELITY INSURANCE COMPANY
rfte-121 * ~ - ~
President
...~' .'
<~
...~ , '\.
TEL 12C , 624-7200
POWER OF ATTORNEY
International Fidelity Insurance Company
HOME OFFICE: 24 COMMERCE STREET
NEW ARK. NEW JERSEY 07102
BOND NO, oJ(J1A{i?1 'fl/!f~
K\O\\ ALL MEN BY THESE PRESENTS ThJ! btep'JtlOnal hdehty Insurance Company, a corporatIOn organIzed and existmg under the
1aw~ of t.hi.': State of New Jersey, and having its princ;i-'''-: ' If. .: _n the elt} of Nev.ark, New Jersey, does hereby constItute and appomt
Robert D. Reuter ane/or Joseph H. Steinberg and/or Peter J. Acquavella
and/or Geraldine Hoffau\ and or Elizabeth A.Gogarty
Lynbrook, N.Y.
its true and lawful attorney(sHn-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of
indemr'1tv and other wriTings obligatory in the nature ht:r.x,f, .....hich are or may be allowed, required or permitted by law, statute, rule, regulation,
contra(.t or otherwise, and the execution of such mstruml:lJl(;) in pursu.:w.:e of these presents, shall be as bindmg upon the said International Fidelity
Inscnance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office.
This Power of Attorney is executed, and may be certjl~ied to and may be revoked, pUlsuant to and by authority of Article 2, - Section 3,of the By-
Laws adopted hy the Board of DirenOfS of International hdelity Insurance Company at a meetmg called and held on the 23rd day of December, 1968.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto,
bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, ...~~
(2) To remove, at any time, any such Attorney-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant t9 resolution of the Board ~f Directors of said Company adopted ata
meeting duly called and held on the 4th day of February, 1975 of which the following is a true excerpt: .
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon
the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in
the future with respect to any bond or undertaking to which it is attached.
IN TESTIMONY WHEREOF, International Fidelity Insurance Company has caused this instrument to be. signed and
its corporate seal to be affixed by its authorized officer, this ht.
day of May
A,D. 1982
Executive Vice President
STATE OF NEW JERSEY
County of Essex
On this 1 st. day of May 1982 ~ before me came the individual who executed the preceding instrument, to me personally
known, and, being by me duly sworn, said that he is the therein described and authorized officer of the International Fidelity Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by
order of the B.oard of Directors of said Company.
""~'~'''H'''''' / " "
/.~.~ '" .,.-,.......~.,tj>".;.,. ,IN TES,~IMONy WHER.FOF. I have hereunto set mY.halld and af~ixed my Official se~., ;7 4
: (C- ..' T '. ~ ... at the City of l'ewark, New Jersey the day and year frrst above wntten. / /~. :.
fr../v..O Al\'r\~\ ..// .c . ' 0
~ . \ ~ ....., i ",' ex??/.. v ~4rd
\ \. U31.\C.......! ' Notary Public '
\:!'~.'... .....,..~-'."./ My Commission Expires April 14, 1988
'.,,!.v .IE [\ S ,.... CERTIFICATION
'''''' ,,,.'"
I, the undersigned officer of International Fidelity Insurance Company do hereby certify and that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By.Laws of :;aid Company as set forth in said Power of Attorney, with the
ORIGF....ALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now ~JUll f~rce and effect.
IN TESTIMONY WHEREOF. I have hereunto set my hand this ~ r:tf::ctay of ,7(a-1J-fu--ot;f---- 19 it
A5~i~tant Sf'cre-tary
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18,1984
Donald W. Leslie, President
Johnson Electrical Construction Corp.
263 Calabs Path
Hauppauge, New York 11787
Dear Mr. Leslie:
"
Whereas the Town of Southold has now executed a contract with
McDowell Electric Corp. for Contract #4, Electrical, Scavenger Waste
Treatment Facility, Greenport, I am returning hen~with your Bid Bond.
Very truly yours,
.2.../y~ '
t:/~.../- .../.~~
Judith T. Terry
Southold Town Clerk
Enclosure
."
"
~. HULlMA.CHEH. MCLENOQN & MUHH(ll. PC.
. I~ (.O..M'll,..Gftol,l''''''''fN,,'_U''''&lSO'Nl..''_''Vt.No.otJlS
"
,
.'
. "
"
PROPOSAL (CONT'D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BASE BID
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
Electrical - Contract #4
(STATE CONTRACT AND CONTRACT NO,,)
in strict accordance with the Contract Documents for the lump sum price
of:
One hundred forty-eight thousand, seven hundred dollars and no cents
(WRITTEN IN WORDS)
.
~: 148,700.00
(WRITTEN IN FIGURES)
, which is the Base Bid.
P-B - 1
~
~~ HOL1MACHER. McLENDON & MURRELL. P,C, .
. IIl.JT' ~'INQIOQONl...,IIII'f'MIIONfIII""M.IOI"".f'S_"""HMlIll'
,
toCl V..;:"
PIROPOSAL (CONT'D.)
W,II,STEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY,
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
THE CONTRACT.
SIGNED BY:
THE COMPLETION DATE SHALL BE
DAY FOR EACH AND EVERY CALEN-
UDED} .
LIQUIDATED DAMAGES FOR DELAY BEYOND
THREE HUNDRED FIFTY DOLLARS ($350.00) PER
D,o.R DAY (SATURDAYS, SUNDAYS AND HOLIDAYS
CONTRACTOR:
ADDRESS:
TITLE:
D,o.TE:
1984
f
P-B - 2 1
.
.
..' #'-.
~
CHUBB GROUP of Insurance Companies
CHUBB
51 John F, Kennedy Parkway. Short Hills. New Jersey 07078
FEDERAL INSURANCE COMPANY
BID BOND
Bond No. B80851415
Amount $
Know All Men By These PreSE!nts,
That we,
Johnson Electrical Construction Corp.
263 Calabs Path, Hauppauge, New York 11787
(hereinafter called the "Principal"),
as Principal, and the FEDERAl. INSURANCE COMPANY, 51 John F. I<ennedy Parkway, Short Hills, New
Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the
"Surety"), as Surety, are held and firmly bound unto
Town of Southold
Attn: Francis J. Murphy, Supt. Town of Southold
(hereinafter called the "Obligee"),
in the sum of 5% of Amount Bid Dollars
($ 5% ), for the payment of which sum, well and truly to be made, we, the said Principal and the
said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
Sealed with our seals and dated this 7th
A. D. nineteen hundred and eighty four.
WHEREAS, the Principal has submitted a bid, dated February 21. 1984
for Scavenger Waste Treatment Facility, Contract No.4.
day of February
,19_,
... County of
c
..
;;; E
~ 0>
." ..
.;; "i
:.c 0
~.i
u
<
'''''0' ~tf) }ss,
County Of__~__---:-- -; V
On this /'Jd.; day of *~~
.g 1. n t' .' e' f~., 1f' ~fu) .
~ i who being by me duly sworn, did depose and say that he is the c.(J ~~::t::
o c
u'"
u
<
.,
~
c
..
E
0>
."
.~ i
... 0
c
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u
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E
> 0>
~."
.. ..
~ 'i
en 0
c
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<
.
St..te 9f
.
.
1 ss.
On this
.19_, before me personally came
day of
to me known,
and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed
the same.
My commission expires_n_
Notary Public
State of
}ss
County of
On this
day of
,19_. before me personally came
to me known and known to me
to be a member of the firm of
described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he e~E;lcuted the same as and for the
a;ct and deed of said firm.
My commission expire'i_____~
Notary Public
, 19H, before me person.ally came
, to me known,
Johnson Electrical Construction Corp.
of
the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so affixe?A~YCgrOOr;'Mhwe Board of Directors of said corporation, and that he signed his
name thereto by like order, .31 NOTARY PU~~IC4i~~~6g1 New York (~ ~
1__~tJ '0 Qualified i~ Suffolk COUO"t~9 0+.
My commission expires ...J d' . E)tplres March 3, ~ _ _ ___~_
. 0 ( N~tary Public ,. . _
State of
New York
} ss.
County of
Nassau
On this
7th
, 19~_, before me personally came
day of February
William D. Surre
to me known, who, being by me duly sworn, did depose and say that
he is an attorney-in-fact of Federal Insurance Company
the corporation described in and which executed the within instrument; that he knows the corporate sea! of said corporation; that the seal
Glffixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney-in-Fact
by authority of the Board of Directors of said corporation and by authority of this office under the Starding Resolutions thereof.
My commission expires
8AF{i~"".I(A v. AND!'\:::W~
Nohr}; Public, State of New York
h,_,. ':;~.,,",.)41112 SuflOlk C;L:H/
Commission t.;<,f.ir'~~ ;\,;~.~,:jl '-->0. L, ff
~.:t~
Notary Public
~
,
.
Certified Copy of
.
.
,
POWER OF ATTORNEY
Know all Men by these Presents, That the FEDERAL INSURANCE COMPANY, 100 William Street, New
York, New York, a New Jersey Corporation, has constituted and appointed, and does hereby constitute and appoint
William D. Surre, Ronald J. Goldberg and Diane Schmid of Plainview, New York------
each its true and lawful Attorney-in-Fact to execute under such designation in its l1ame and to affix its corporate seal to and
deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes, to-wit:
1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, maUer or proceeding in any Court, or filed with
any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the
penalty of the bond or undertaking does not exceed the sum of Two Hundred Fifty Thousand Dollars ($250,OOO.OO).
2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the
laws or regulations relating to Customs or Internal Revenue; License and Pl~rmit Bonds or other indemnity bonds under
the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or
private; bonds to Transportation Companies, lost Instrument bonds, Leasl3 bonds, Workmen's Compensation bonds,
Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs, Deputy Sheriffs and _ similar public offi.
cials.
3. Bonds on behalf of contractors in connection with bids, proposals or contracts.
, ,-
In Witness Whereof, the said FEDERAL INSURANCE COMPANY 11as. pursuant to its By-Laws, caused these
presents to be signed by its Assistant Vice-President and Assistant Secretary and its corporate seal to be hereto affixed this
1st day of January 1981
FEDERAL INSURANCE COMPANY
")
George McClellan
Assistant Vice-President
(A21~pt/i~.
Richard D. O.Connor
Assistant Secretary
STATE OF NEW JERSEY
ss:
County of Essex
On this 1st day of January 19 Rl ,before me personally came Richard D. O'Connor, to me known and by me known to
be Assistant Secretary of the FE.DERAl INSURANCE COMPANY, the Corporation described in and which executed the
foregoing Power of Attorney and the said Richard D. O'Connor being by me duly sworn, did depose and say that he is As-
sistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to
the foregoing Power of Attorney is such corporate seal and was thereto affixec: by authority of the By.laws of said Com-
pany and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority; that he is acquainted
with George McClellan and knows him to be Assistant Vice-President of saId Company, and that the signature of said George
McClellan subscribed to said Power of Attorney is in the genuine handwriting of said George McClellan and was thereto
subscribed by authority of said By-laws and in deponenfs presence.
,...";.'""~..~~
,':>'\C \ A ....0,
'/~~ 'r)..,
~ ., "/'
l,~'l" 1-\-
1/ ~OT AR Y \\
~ I ! ~
\~ . PUB'llC /J
\,1-'(',._ ,,:>~4.~
..~.... JE~:,/
.......;:;::;-:;-:;-.........
Acknowledged and Sworn to before me
on tile date above written.
~-
-dL~
Notary Public
PATRICI.~ RYAN
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires December 11, 1983
Fn~...., "1-,n_?~R IFrl ?-7Rlfr,,.n"~>l1l
..':='?~o
.
.'
.
FEDERAL INSURANCE COMPANY
ANNUAL STATEMENT-DECEMBER 31, 11982
IN THOUSANDS OF DOLLARS
ASSETS
United States Treasury Bonds. . . . . . .
United States Government Secured
New Housing Bonds.
State and Municipal Bonds . . .
Other Bonds .
Preferred Stocks. .
Common Stocks.
Other Invested Assets
TOTAL INVESTMENTS
Investment in Affiliates:
Great Northern Insurance Co.
Pacific Indemnity Company .
Chubb Life Insurance Co . . . .
Bellmead Development Corp
Chubb Ins. Co. of Canada.
Other,..,........ ,
Cash..,..,..............,.. ..
Net Premiums Receivable . .
Reinsurance Recoverable on Paid
Losses. . . . . . . . . . . . . . .
OtherAssets. ...........
TOTAL ADMITTED ASSETS ,.,..,.
STATUTORY BASIS
$
107,387
UABILlTlES
AND
SURPLUS TO POLICYHOLDERS
Unearned Premiums. . . . . . . . . $
Outstanding Losses and Claims .
Ceded Reinsurance Sallances Payable.
Funds Held under Reinsurance Treaties
Non.Admitted Reinsurslnce ...
Other Liabilities. . . . . .
TOTAL LIABILITIES
Common Stock .
Paid.in Surplus. . . . . . . .
Earned Surplus. . . . . . . . . .
Unrealized Appreciation of Investments.
SURPLUS TO POLICYHOLDERS. ,
TOTAL, ' , , , , , , , , , . , . . , . , , . , , .
"
318,323
664,960
16,201
9,068
27,249
94.844
1.130.645
82,222
512.780
12,727
79.807
158,860
12,977
966.760
20,533
82,372
38,776
66,148
18,292
15,223
47,417
165,088
20,957
55.627
$ 1.497.193
13,987
40,913
243,158
68.490
366.548
$ 1.497.193
Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.
Investments valued at $23,713 are deposited with government authorities as required by law.
State, County & City of New York, - ss:
."
Richard Hight Assistant Secretary oftheFederallnsurance
Company being duly sworn, deposes and says that the foregoing statement of the Assets and
Liabilities of said Federal Insurance Company on December 31, 1982 is true and correct and is a true
abstract of the Statements of Assets and Liabilities of said Company as mIld with the Secretary of the
Treasury of the United States for the 12 months ending December 31, 1982.
Subscribed and sworn to before me
this 1 st day of April, 1983.
.1~ tz;~(IZ~
Notary PUblic
Form 27-1D-0071AjRev. 4-83)
. J~~
tant Secre ary
DORIS F. VILLEGAS
NOTARY PUBUCJ Slale of New York
No. 01'1'14612679
Qualified in Putnam County
C8I1illc;al" Flied i.n New York Countv
COmmiSSion Expires March 30, 1985
R-16475 (20M)
PRlf~.rE.D
US'"
.
.
JUDITH 1. TERRY
TO\l.o'N CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765.1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Roy Hinck, President
Hinck Electrical Contractor Inc.
17 Fordham Road
West Babylon, New York 11704
Dear Mr. Hinck:
Whereas the Town of Southold has now executed a contract with
McDowell Electric Corp. for Contract #4, Electrical, Scavenger Waste
Treatment Facility, Greenport, I am returning herewith your Bid Bond.
Very truly yours,
(l I-/' .---:----
~a: ..-/ . .-:;~~
Judith T. Terry
Southold Town Clierk
Enclosure
..
.
ti(-~......... HuLlMACt1EH, MClENUON & MUHH(LL. PC
~ U),,~,\,,"(ll...a'"'t''' ''''''",IOo..t'''Al s.ot"""!l_,,~......t..,
.
(CONT ' D. )
ASTEWATER DISPOSAL DISTRICT
CAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOU'rHOLD, NEW YORK
BI D DATE: n:BRUARY 21, 1984
BID
The undersigned further understands and agrees that he is to fur-
s'h all labor, material, equipment, supplies and other facilities
ce'ssary and required for the execution and completion of:
'\
FEDERAL PROJECT NO. C-36-ll20-03
" c
//10/'/) 5C 17/ $2-0C;
AND CONT CT NO.)
accordance with the Contract Documents for the lump sum price
"
'~,
-{}~IIJJ &.-j tfl ;j~c~ ~ S~ A&.A
Y (WRITTEN IN WORDS)
7() ,~O
~N 'N F'GURE"
, which is Ithe Base Bid.
P-B - 1
,~
.
.
~"'"' H012MACHER. McLENDON & MURRELL. PC
. ~ G(loOdUl'IHOINOoNII..,t......lfIOfHftot'M-IK:l(Ol'.."_'VoH......
t~POSAL (CONT'D.)
..
!f~TEWATER DISPOSAL DISTRICT
!l.VENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
. LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLE1'ION DATE SHALL BE
EE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
"DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
HIN( k Elecp'od
J7 ,cc,/<,,/ /{.. n1 /(' c/ -
(C,NT Lye.
BY:
ct.! e 5 T
d~
f!1\VJ.
re-h
11;4-67.d"-'. ..(, T ././ 70 '7
fI~~
'2C-) -/i8L/
~)e/UlJ
~ J1~1L- :~=i- \
D~
t.S:,- \ '"' \ \ \ 'i; '-(
/- -~"i li:' \
l_~~
P-B - 2]
-
.
.
c4
~aIMI'A-~
o FIREMAN'S FUND INSURANCE COMPANY
o THE AMERICAN INSURANCE COMPANY
o NATIONAL.,. SURETY CORPORATION
o ASSOCIATED INDEMNITY CORPORATION
o AMERICAN AUTOMOBILE INSURANCE COMPANY
BID OR PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
Thc~ Wo.
Hinck Electrical Contractor Inc.
17 Fordham Road
West Babylon, New York
(hereinafter called the principal), as principal, and Na ti on al Su rety Corp or ati on , a corporation organ-
ized and doing business under and by virtue of the laws of the State of 111 in oi s . and duly licensed for the purpose of
ma:ldng, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of New Yark
as Surety, are held and firmly bound unto
Town of Southold
(hereinafter called the Obligee)
in tho Ius! and lull sum of Seven Thous and Five Hundred and 00/100-------;:",-------------:
Dollars ($ 7,500.00------) lawful money of the United States of America, for the payment of which, well and truly to be
made, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about to hand
in (md submit to the obligee a bid or proposal for the
Scavenger Waste Treatment Facility. ~deral Project IC-36-ll20-03
Project #SOHT82-06 Contract 14 Electrical '
in (Iccordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals therefor.
NOW, THEREFORE, if the- bid or proposal of said principal shall be accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of said work as required
by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to he duly signed and sealed this
30th
day of
January
,19 84
Electrical Contractor Inc.
tl-----Z~~P~
','L) , !
\
\
By
National Surety Corporation
'! i'; \ surety
By~~f~
Kenneth N. Berk
'''-,i
';,'.\
, ,
Atl~ruey.in.Fact
360277-4.81
. .
INDIVIDUAL VERIFICATIO~I
STATE OF
COUNTY OF
On this
before me personally came
to me known and known to me to
instrument, and acknowledged to me
} ss.:
clay of
. in the year 19_.
be the person described in
that he executed the same.
and who executed the foregoing
PARTNERSHIP VERIFICATION
STATE OF
COUNTY OF
} ss :
On this
before me personally came
copartnership of
to be the person described in and
that he executed the same as and
clay of , in"the year 19_.
. a member of the
. to me known and known to me
who executed the fdregoing instrument. and acknowledged to me
for the act and deed of the said copartnership.
CORPORATE VERIFICATIOt.
STATE OF
~/~ ,1
b~
} ss.:
~ day of. :7''''/L-i.<-' - '7-
r~ .~c-k
to me known, who, being by me duly sworn, did depose and say that he resj.d,es in
,,-h~ '--"- A ~ ; that he is the /~
of the ij . < ,J./ (: C {' ~, ~ /'
COUNTY OF
On this
before me personally came
. in the year 19ft
'-.~ ";/=-" '
the corporation described in and which executed the foregoing instrument; that he knows the cor-
porate seal of the said corporation; that the seal affixed to the said instrument is such corporate
seal; and that it was so affixed by order of the Board of Directors of the said corporation, and that
he signed his name thereto by like order. ~
STEPHANIE RAFFERTY __ ~ ~.' ~
NOTARY PUBLIC, State of Nen YV'k ,...~ ~ 6:~ / -C-?,
No. 52 - 8481310 Suffolk County
CommISSion Expires Mar. 30, 19 f..r
(For convenience of Principal in conned ion witb attached bond.)
360085-7-65
J
.
.
-,~
/"-""1
ry;..~,
!~h\ ;:~,
0':<":0
FIREMAN'S FUND
INSURANCE COMPANIES
777 San Marin Drive
P.O. Box 777
Novato. California 94998
NATIONAL SURETY CORPORATION Telephone (415) 899-2000
SUMMARY FINANCIAL STATEME~7 - DECEMBER 31, 1982
(As Filed with Insurance Department of the State of California)
ASSETS:
*Government Bonds
*State and Municipal Bonds
*Miscellaneous Bonds
+Stocks
Cash in Banks and Company's Office
Accrued Interest
Premiums in Course of Collection and Other Assets
Total Assets
$ 8,782,876.02
427,068,595.87
8,782,358.72
1,647,500.00
4,102.33
10,188 ,397.94
72722,468.87
j529 :196 .299.75
LIABILITIES, SURPLUS AND OTHER FUNDS:
Loss and Loss Expense Reserve
Unearned Premium Reserve
All Other Claims, Demands and Reserves
Total Liabilities
$293,886,885.75
74,755,809.22
31 ,348 ,661.24
399,991,356.21
Capital Paid-up
Net Surplus
Policyholder's Surplus
Total Capital, Surplus and Reserves
$ 2,350,000.00
126,854,943.54
129,204,943.54
)529.196.299.. 7 5
*Bonds are stated at Amortized Values
+Stocks are stated at Market Values
S1:ate of California )
5S:
C:lty and County of San Francisco)
I" Richard Williams, Vice President of National ".Surety Coq'oration, do hereby certify
that the above is a true statement of the assets and liabilities of said Corporation
as of December 31, 1982, taken from the books and records of said Corporation.
\~Qm~ \~\~
Richard Williams, Vice Pres ident
Sltate of California )
City and County of San Francisco)
ss:
Subscribed and sworn before me, a Notary Public of the State of California, in the
City and County of San Francisco, this 17th day of February, 1983.
....nnnlluIIUllllllllllllln!nlllrr:u'::t,,"'UUl'll!
Ii on lei,' L SEo\!, =
! fjl SUSIE K. Gll3E:H E
:: .' NOTARY PU3UC ~ (.\.lifO~N'A ;:
=L ClY & COUNTY OF SAN FAAJKISCO !
My Commission Expires Nov. 17. 1984 =
1.1ftIIIII'1'1I1i"UI~;Il'''Ui''III''II''tIUU'''H.
./ ' ' / L::::
' ... /7."'?"
7<'"....-'-<'...../:. /,,-"-.c-/-, -....'-.~
NOl:ary Public of California
II,' :::.'
f>>>"ES
-'
STATE Of /',T\',' YORK }
COUNTYOF'Nnssau 30th ss
On lr.e__________~_.____ _______~.dcy 01
K c ;}}!~~t_ J!..~~~~k~_______
G 1 end a l_~M_,_.li_~y_~___~__~__
J an uary
___Ir. the Ye-:!r
1984
...bebce me personally came
____.____10 me bowl'., who OO]:1Q by me duly sworn d!d ciepost:' and say that helshe resides m
6", a('~v" ;;l.S'~L_..,.,ent. that '1e.sb.e k".c:ws '~,e se:1: &'l).::i
fh,,' to",. ~ h" s;c; ~,....-~ h is.ij-,e: r.Crr;" .'0 e '8" ilke e,ro. ~ ::!r.d
~~,:';_, IS CL'~"~~;n2: ~~L~h~ ;::~('e;:::.o-d clS ~,'~:'c:;r~~~C1".lr,k"c:-r, al:Y~~:cik~'L
thet t.e'she is 0:1 Ai1CrneYlr.-Foct oi l':ATIONA:" SC?:::7Y CCF?CRAT.CN the corp:>rcrhon descnbed in end WhKh e:o;acl..i\ed
t:,.c y>,:. ;:0;:.",,,,:1:0 s'~Jd s 5,',-)., sec~. t1-.m I' W'-'E s.:: u:!:.xeC by the boo.rd 01 d,ro;,.;::'ors ct sed "orp:>ratior" and
-! :u' -c.j N8W :.io.l~ ~,,-;rsuar,\ ~o C.'v::p:er 8iL oj the Laws 01 Ihe Slc:;~e c! New York lor the ye-.:rr
:"':::w. as an;e:1ied lSS'.1"'-: to tr.e Na'.lcr.cl Surety Corporation his'her cerlulccte that said C::;roor
,L>C:C:-;~ 'l'::;.,~es. ,;'.,...:;;c..;, '._~'o :1,\-:: ~t~,er o~j.;;:::~.o..s :equi~ed or permitted by L::w. .:i:~d ,i'oc:t S\.l;;!^. certl!icm., \::.;.!;
RAYMOND PUL~SKI
~ ' .. / /I.. / / NOTARY PUBLIC, Stat, "f N,w Yeck
~~'4.",: fltmt"~~52S.841~5J1L_
Notary Pubhc .,' In U JDIi{ County
POWER OF A ORN Y CommlSSlDn Expires !.larch 3D, 1984
,vr, :1s
nC~ t>€<:lr. ;ev::'H..;
STATE OF N[\/'. YORK }
OjUl.r;y OF SS.:
1, ~___l:; as? a u _j,~?[~:::_~~.:V1~~,[.~.:-.__ A.ssis1:::,~: Secretory o! f'.:.l..:1GNAL S1...'!",ET'{ COP.F'OR~TION, do hereby <:ertit',. tho: the followmg is a /uli
~'.le a,-.8 0'r."""~P' d ,A,.h,,~e VT1 ,-,,,d VII: of 'he ByL::-",s CJ! the NATION.A...'. SlJElTf CORPOHA'DC'N adopled on the 3 ts: dJf' :>! D?ce,.,..b8r, 1972. and now in fullloree and e~1e,ct to wit:
A.~:';~ I .~uc,,'W" or I"",I,-,.,,,<~I. P.rlOl,i.~/I '" "" l""'~rtlnc. B~.jn~.. '" Ih< C"."'p<l~y
Sect,cr.;;E A.L! ""nds cert..h~"" d cnsu~=ce, =v,,, r.Oles. r&.C.:qr,J1Ol1C'E15, COntnct. d
o"d ",,,j and oj; llOs',,,,:>e~.t,, 10 .},.. lr"'U"~n~
al",'"
t1r.y V",,, ;:.,"s,~"",.
beac,,,,,
snp~:G11on~ w.:::1V<,r'6. =r.re,"" :;j oureties. re-ir...~'cmce OC,'Oeplc..."ces or OQ'....mer.1:'I, surety
shej, 00 "x""'~'w "..+."c. SLg!".<loJ On oohe:: a! ,i-,e Ccmpor.y by Ih" Choir.
s"",,C' c,i ',.) Ih" Chu", ,'n" oj IhePcnod .:.~ C:';feo:;"-,,S. :.,,\ Ihe p,...,d.mt ii"!
,c,1;Jlvgsi.c;h",,, provld"""i-,a<ai:po['c,esoimsur:mC'!lsr.all
or::: VJce Presden.. 0 Slgr.ofu,e oj Ihe Chairman at the Baacd o!
.:,r'r,e =..","r,," oi1,~,,'
7},e :r!bc.r,g :;j ti-.e Corpor:rJe "-~:ri she:! r.c' be- nec"""",'Y tQ ,he v::!id e~"",utl~~ "t ar.y .~.1T\orc.en' bu, o~.y po')fscr. ".0''''0''''''''.\ 'c """'<CU'" or aile;" "'.iCh 'r"~"nIT''''''' m:ry atf", lhe C.cmpor.y's 5eC'~ therelv
A' ..:~ I~-' A.pp"'M"'~M a~J A "'n.J'1ly of &.i<k~( A.....'aM s<<,...j"",,,". a..d Attomqo.,,,.Fad, and Aa.nt.o 10 Act'lpl &/I"j ?roc... and Mo~ ApP<'o'o"","
s..c'cor.::'Q App<'mlm<n! The .:=:h,.".,,,,,,,,, ~I.~" f'.cx:,d ~.I "iroct~rs, tho. Pr...id"nl "n'r V"_",, p,,,,,.,;,,,,: or a"v c'<~e' per>c" a'~H-.~.",ed hi' ~~g B.=rd d Pm''';!o," ,he ChG"rr."~. ot Ih~ &.::trd d D""c'",. Ihe P"",;ciern or any ViNt
p,.....cJe'... "''''I' Irem 'l",e 10 '-,reg. o;:>p;.,~1 fi<>SI<.1"n1 ;......;s:",.: s..:.re'UTJO!S and A~orneY5,,,-,,LK1 ~Q f"p'ese~1 ",,,ct cd br ar.d O'n ban.::df 0'1 'he Coro-,p:rr,y cr.d Ag""ts to arrepl lege: pruc",," una. mO.e ap.-:>'o~~es tor ond en beha!~
~lheComVl"y
'Secnon 3C. AlIlh",jry. The a:1lho,.,.ty aI such P;e"der,1 A""l>i=t s..cr91m-tes. Allomey.,mFact, <md A9""1s shOl11 be "" p'e9Cnbed in ,he jnSU:1men: 9v.d"ELmg h'1eir oppomtm.mt, o"d <my weh oppc,,,,tffient <md oil OUlhOT1ty "ranled
thereby rnc:ry be ',,",ch'G c:1 or,y r~'ne by Ih" !l.=,j at D''''''''ors or by (Jr.y persor. O'm::nwe,ed 10 mde such O?PO"..."'e,,'
,.'
I do furn~er cerli!y that pursuant to said By-Laws, RidJard Abraham, Barbara Bauser, Kenneth N. Berk, Roland Blackburn, Thomas B. Blaisdell, George O. Brewster,
Theresa L. Br.ms, Ernest W. Ca:ellc, Kenne'h J, Costello, Helen G" Crisses, Robert DiSca:a, Barbera A. Dougher!y, Bill W. Ehlers, George Faha" John K. Goldwater,
Patnclo E. Kelly. RIta M. KllduH DIane M. Kroecker, Irene N. Lapmski, Karen McMullin, SUSan MaIm, James B. May. Ze!da Multz, Mary Kay O'Bnen, Joan M. Pfamer,
Roger E. Radka. Robert R. Scott, Beatrice Sherr. Florence Smith. Melissa Stepinowski, Joseph A. Vallone, Robert J., Wheaton, Jeremy H. Wilder, and Robert P. Zeller.
were each duly oppo;nted Attcrney-m.Fac1 of NATIONAL SURETY CORPORATION, on the 15th day of February. 1982, wlth lu!l power and authority to execute, acknowledge
and deliver any and all bonds. recognizances, contracts, agreements of indemnity and other cond.lionaI o~ obligatory undertakings, without limitation as to amount. Said
power 01 attorney lS in full force and effect and has not peen revoked. .
I do further certify that the following is a true statement of the assets and liabilities of NATIONAL SURETY CORPORATION at the dose of business on December 31, 19S1
taken from lhe bocks and records of said Co:r.pany and is ;.Jre;pared in accordance wlth the statement on file with the Insurance Department 01 the State of New York. to wit
LIABILITIES, SURPLUS AND OTHER FUNDS;
Loss and Loss Expense Reserve --..-$354,768.562.67
Unearned Premium Reserve ___n..m__~____'___'_~ 75.467.%9,59
All Other Claims, Demands and Reserves ____ 33.105,732,14
Total Liabilities 463,342,264.4D
Capital Paid-up __,~~_._.___._._...$ 2,000,000.00
Net Surplus _,_..__..._.._______~_.___ 122,277,669.69
Policyholder's Surplus ~_~___..__ 124,277.669.69
Total Capital, Surplus and Reserves $587.619.934,09
ASSETS:
.Govemment Bonds __.~_
.Slo1e and M,mdpal Bonds
.Misce1k:neous Bonds _~__
tStocks ________,_,_____._____.__
Cosh'in Banks and Company's OfHce _____
Accrued Interest
Premiums in Course of Collection and Other Assets
Total Assets
-....$ 54856.682.42
423,262,844.48
46,596,442.92
4,294,750,00
16.131.56
12,545,059,27
_~45,948023.44
$S87]T~C934]9
.Bonds are stated at Amortized Values.
tSlocu are stated at Market Values.
I do h-uther certi..1y that the Superintendent of lnsu~ar.ce olilia StOle of New York has issued to the NATIONAL SURETY CORPORATION his certificate that said Company is q\laJifiad to become and be
occepted as suret! or ,,"uarontor on oil bonds, undertakings and oth6r obligations or guarantees, us provided in the Insurance Law of the Slate 01 New York and oil Jaws amendatory therea! and sup.
plemer,tary the:e~o; ond thai such certiticG'e has not been revokad.
t+ Wj~
',. ... ... .,
Ass:stanl Secretory
Subscd:ed or.d sworn to be/ore me Ihis
_-j:.t~~/' ~Z
7~ 'f..iotory Pubhc
] 9 84
RAYMOND PULASKI
NOTARY PUBLIC. Slate of New Yor~
No. 52.8455125
Qualified in SUffGik Ccu"ty
Commission Expires Llarch 30, 1984
.
.
JUDITH T TERRY
TOWN CLERK
REGISTRAR Or: VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
J\.Ily 18,1984
William Ha\.lgland, President
Commander Electric, Inc.
50 North Penataquit Avenue
Bay Shore, New York 11706
Dear Mr. Haugland:
Whereas the Town of Southold has now execut,~d a contract with
McDowell Electric Corp. for Contract #4; Electrical, Scavenger Waste
Treatment Facility, Greenport, I am returning herewith your Bid Bond.
Very truly yours,
.f ./~ ~.---/
~L.. -.-:,/-.;:/'",!!/,7~
Judith T. Terry
Southold Town Cllerk
Enclosure
,
.
~~........ HAACHER, McLENDON &. MUHH[LL. PC
. l~ c.o"~'\"..GtOOO,..It... ,.."'_..'..UlS(',.l'.."'a...d,,........IIlS
.
(CONT 0 D.)
ASTEYiATER DISPOSAL DISTRICT
CAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BID
The undersigned further understands and agrees that he is to fur-
ish all labor, material, equipment, supplies and other facilities
~cessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-ll20-03
SO \iT ~~,Dfo
Co NlRf\CT Y
(STATE CONTRACT AND CONTRACT NO.)
accordance with the Contract Documents for the lump sum price
t\nl.:)'t:) 'IF \) fl. fIj
o /\}E \'t\i)os~ ~E
(WRITTEN IN WORDS)
t1vll\)'\) ~~'D
to\l-T\j :bo lAi..S
I
IS\ 7:>~().DD
\ (WRITTEN IN FIGURES)
, which is the Base Bid.
, "'fi~'
.;',~
>i1"-
P-B - 1
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HIM ~~~~~;. ~:.~~:..~,~~'::~~~ ·
liJ'.,
PROPOSAL (CaNT' D. )
';?~i'
"
:Jt
";~STEWATER DISPOSAL DISTRICT
<;AVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
, ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
'(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
f.
_THE CONTRACT.
, LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
Ct(l\mfl('\~d
t\lov1)l,-
AJ'f: A \IJl?
&
BY:
2..) 11181/
;i
f
'~,\
U:
~.
,,,;
P-B - 2
,"
~
Bid Bond
SURETY DEPARTMENT
L
BOND NO.
THE HARTFORD
KNOW ALL MEN BY THESE PRESENTS,
That we,
Commander Electric, Inc. 50 North Penataquit Avenue, Bay Shore,
New York 11706
hereinafter called the Principal, and the Hartford Fire Insurance Company
existing under the laws of the State of. G<J.~:t:l~.C:t:.i,cut . . .. whose principal office is in
as Surety, hereinafter called the Surety, are held and firmly bound unto Francis J. Murphy,
Town of Southold, New York
as Principal,
, a corporation created and
H"rtfo;rd
Superintendent,
as Obligee, hereinafter called the Obligee,
in the sum of 5% of the amount bid.
Dollars ($ l,
for the payment of which sum, well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
Whereas, the Principal has submitted a bid for
New Scavanger Waste Treatment Facility.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance
with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for
the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party
to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed thiS........,......z..~.~,t...............day 01......,...
February
"I
,0'
..).(SEAL) ,/
, q\..\\."
Witness.............................................................
(II Individual) ,
~tt~~~;~;;;;i...8~,....~~.....................
............................................,........(SEAL)
Hartford Fire Insurance Company
Attest....0;,f:..L:,.rA.,'~~'/e~d"'~",.....,',.
.,/Yr&lffdAi&..
.(SEAL)
.......(T.jiie).
R. D. Reuter,Attorney In Fact
.> .
\ \' ,,';-'
\\\,'>'
1\'
(Approved by The American Institute of Architects,
A.LA. Document No. A-310, Feb" 1970 Edition)
Form 5-3266-4 Printed in U.S.A. 12-'10
.
.
"
....,.
CORPORA nON ACKNOWLEDGMENT
State ofNIJJ.>~~H
County of HH~~aJJ",
""""""HHHH"',.} ss.:
........................
On the,
,:d.')+H
, "'"""day of "h'oWo.,'1<,
, """"'" H19H8v, before
me personally cameU)Llh<i"" HHbqQD.f\~
sworn, did depose and say: that he resides in .....fvlu..{ ....~D.l!~.
, ,to me known. who being by me duly
that he is the,
""H"r.-'1,,'
President of the H,(~,VYlo.ndcurH
'(..L~L.:h1 ~ Hckl (.
the corporation described in and which executed the above instrument, that he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate 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.
Form S-3480 Printed in U. S.A. 5-'53
r
HD~(lm'\(Qf:lill
VP1~:r:1E ANN O'~!~!l.L
!.WTAi:'( rl;':o~ !C., ~' .~ c: '::\'1 York
No. :J2.lfl3r;.t~j, ::t.;!lolk CQ:.Jnty
Term ExiJires 1'.;J,ch 3J, 19 t''1
Hartford Fire Insurance Company
Hartford, Connecticut
Financial Statement, December 31, 1982
(Cents Omitted)
. .
"
ASSETS
U.S. Government Bonds ...,...
Bonds of other Governments ...
Statte, County, Municipal and
Miscellaneous Bonds. . . . . . .
Stocks ...............,.....
Real Estate and Mortgages .....
Cash in Offices and Banks . . . . , .
Agents' Balances (Under 90 Days)
Sundry Assets .............,.
To,lal Admitted Assets ....,...
STATE OF CONNECTICUT,
COUNTY OF HARTFORD,
.
$ 25,941,422
105,438,253
457,326,976
1,773,777,943
2,362,484,594
$ 99,531,215
21,970,076
457,458,975
623,270,854
$3,564,715,714
) "
.
'"
LIABILITIES
Reserve for Claims
and Claims Expense ......
Reserve for Unearned Premiums
Reserve for Taxes . . . . . . . . . . . .
Miscellaneous Liabilities ......
Total Liabilities ..,.........,
$1,412,9~.9,143
413,424,350
20,747,890
30 1,698,314
$2,148,829,697
Capital Paid In .. $ 53,556,994
Surplus. . . . . . . . , 1,362,329,023
---~.-
.~urplus as regards Policyholders
Total Liabilities, Capital Stock
and Surplus ..............
$1,415,886,017
3,564,715,714
D. C. Thomas, President of the Hartford Fire Insurance Company, being duly sworn, does hereby certify that the
foregoing is a correct statement of the assets and liabilities of the said Company as of December 31, 1982 and in \\'itness
whereof said President has hereunto signed and caused the corporate seal to be affixed hereto.
Acknowledged and sworn to before me
:this 5th day of March, 1983
~~€~<
Notary Pub",
M.lcommissiOlI t'Xpirl'5 Aprill, 1983
Fro..... r~_IQ_'1 H ,: Vr;"',,.-l on 'I lO..o\
II'U
~,.. ~
'. "
!'b..~ .'
~-'
Attest:
- '.;.,. n~...;,I"", ,.",1 r.r""/I r,..",hh"11,,r
".
,
.
..
."
HARTFORD FIRE INSURANCE COMPANY
120185
Hartford, Connectieut
POWER OF ATTORNEY
Know all men by these Presents, That the HARTFORD FIRE INSUHANCE COMPANY, a cor-
poration duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford.
County of Hartford, State of Connecticut. does hereby make, constitute and appoinr
JOSEPH M. STEINBERG,
ROBERT J. GALLAGHER
PETER J. ACQUAVELLA, R. O. REUTER, GERALDINE HOFFMAN.
and ELIZABETH ANNE GOGARTY of LYNBROOK, NEW YORK
its true and lawful Attorney(s)-in.Fact, with full power and authority to each of said Mtorney(s)-in-Fact, in their separate
capacity if more than one is named above, to sign. execute and acknowledge any and all bonds and undertakings and other
writings obligatory In the nature thereof on behalf of the company In its bUSiness of guaranteeing the fldelity of persons
holding places of public or private trust; guaranteeing the performance of contracts other than Insurance policies;
guaranteeing the performance of insurance contracts wh,ere surety bonds.are accepted by states and municipalities, and
executing or guaranteeing bonds and undertakings reqUired or perrTlltted In all actions or proceedings or by law allowed,
.........
--
...............
--
--
------
~_.--
-----
----..--
--------
--_.--
------
-------.
and to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and
undertakings and other writings obligatory In the nature thereof were signed by an E.xecutlve Officer of the HARTFORD
FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers. and hereby ratifies and confirms all
that its said Attorney(sHn-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provisions: ...~
(1) By.Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called
and held on the 9th day of March, 1971.
ARTICLE IV
SECTION 8. The President or any Vice-President, acting with any Secretary 0' ,ASSistant Secretary. shall have power and authority to appoint.. for
purposes only of ellecutlng and attesting bonds and undertakings and other writings obligatory In the nature thereof, one or more Resident ViCe-
PreSidents. Resident Assistant Secretaries and Attorneys-In-Fact and at any time to remove any such 1~85ident VIce-President. ReSident ASSistant
Secretary, or Attorney-in-Fact. and revoke the power and authority given to him.
SECTION 11. Attorneys-in-Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them' to
ellecute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings and other writings
obligatory in the nature thereof, and any such instrument ellecuted by any such Attorney-in-FaCl shall be as binding upon the Company as if !!igned by an
Executive Officer and sealed and attested by one other 01 such Officers.
(2) Excerpt trom the Minutes of a meeting of the Board of Directors of the HARTFORD FIRE INSURANCE COMPANY
duly called and held on the 11th day of June, 1976:
RESOLVED: Robert N. H. Sener" Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President. shall each have as long as he hOlds
such office the same power as any Vice-PreSident under Sections 6. 7 and 8 of Article IV of the By-Laws of the Company.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution
adopted by the Directors of the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called and held on the 6th day
of August, 1976.
RESOLVED. that. whereas Robert N. H. Sener. Assistant Vice-President and Thomas F, Delaney, Assistant Vice-President. acting with any Secretary
or ASSistant Secretary, each have the power and authonty. as leng as he holds such .office. to appoint hy a power of attorney. 'or purpeses only 0'
executing and attesting bonds and undertakings and other writings obligatory In the nature thereof. one :lr more ReSIdent Vlce-Pres!dents, ASSistant
Secretaries and Attorney-in-Fact;
Now. !here/ore. the signatures of such Officers and the seal Of the Company may be affixed to any such power 01 attorney or te any certificate relating
thereto by faCSimile. and any such power of attemey.or certificate beaflng such /acslmlle signatures or faCSImile seal shall be valid and blndlrlg upon lhe
Company and any such power so execuledand certified by faCSimile sIgnatures and faCSImile seal shall be valid and binding upon the Company In the
future WIth respect to any bond or undertaking to which It IS attached.
In Witness Whereof, the HARTFORD FIRE INSURANCE COMPANY has causelj these presents to be signed by its
Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1st day of April,
1983,
Attest: HARTFORD FIRE INSURANCE COMPANY
~~
STATE OF CONNECTICUT. l 5S.
COUNTY OF HARTFORD, \
On this 1st day at April. A.D. 1983, before me personally came Robert N. H. Sener, to me known, who being by me duly
sworn, did depose and say: that he reSides In the County of Hartford, State of Conn3ctlcut; that he is the ASSIstant Vice.
PreSident of the HARTFORD FIRE INSURANCE COMPANY, the corporatlon described in and which executed the above
mstrument; that he knows the seal of saId corporation: that the seal affixed to the said mstrument IS such corporate seat:
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
(I""
fir. '!
,,':oil ..,~
,~,,/
~~,~/
(/
~/
Robert N. H, Sener
AssistantVice.President
STATE OF CONNECTICUT, I " @
COUNTY OF HARTFORD. \ CERTIFICATE
I. the undersigned. Assistant Secretary of the HARTFORD FIRE INSURANCE COMPANY. a Connecticut Corpora.
tion. DO HEREBY CERTIFY that the foregomg and attached POWER OF ATTORNEY remains in lull 'orce and has not
been revoked: and furthermore. that Article IV, Sections 8 and 11. of the By-Laws of the Company, and the Resolutions
ot the Board of Directors, set fortll in the Power of Attorney. are now In force.
Signed and sealed at the City of Hartford. Dated the 21st day of February
~, I) /J 1/
II/YlI. .v~ '
.~rv-
~o/Y1~
Gloria Mazotas, Notary Public
My Commission Expires MarCh 31,1988
1984
Form S-3501-3 (HF) Printed In U,S.A
.
.
Town Hall. 53095 Main Road
P,O, Box 728
Sonthold. New York 11971
JI'DlIII T, TlI{I(Y
row~ CLFR I\.
RU;:ISTRAR {)[, VITAL S J.\ lIS I'ICS
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Albert Greco, Vice President
Northgate Electric Corp.
63 Depot Road
Huntington Station, New York 11746
Dear Mr. Greco:
Whereas the Town of Southold has 'now executed a contract with
McDowell Electric Corp. for Contract #4, Electrical, Scavenger Waste
Treatment Facility, Greenport, f am returning herewith your Bid Bond.
Very truly yours,
~d~~~-
Judith T. Terry
Southold Town Clerk
Enclosure
"
I--.v~........ HO.ACHEI-1_ McLENDON b MlHH~LLl. PC
l~ u.>..M".'..OI...:>'...'... ,..v".O....'..'A\ SC'I..,,~,.......d"""""("S
.
--
PROPOSAL (CONT'D,)
..--
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOI-IN OF SOUTHOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21~~_
BASE BID
:!>oj, The undersigned further understands and agrees that he is to fur-
~sh all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-ll20-03
',,'~trict accordance with the Contract Documents for i:he lump sum price
ot.
i,
; ~ J.LJ;ilj~fG.wd",f;l~L iJ--4-dJl-
I' /3 L:)' , 3'7'D ~ which is the Base Bid.
--;;- (WRITTEN IfY FIGURES)
P-B - 1
--
..
~......... tLlMACHER. MclENDON &. MURRELL. PC
.1~coo."""f'ooQlooa."ff"I.....IfIIt_HI"'lloOt"f""_"""""""'''
.
~OP~)SAL (CONT' D. )
r------
WASTEWATER DISPOSAL DISTRICT
I SrVENGER WASTE TREAT~IENT FACILITY
,
i
TOWN OF SOUTHOLD
SOUTIIOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARSI
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM TilE DATE OF SIGNING OF
THE CONTRi\CT.
f:l\
J;;' LIQUIDATED DAMAGES FOR DELAY BEYOND TilE COMPLETION DATE SHALL BE
fflREE HUNDRED FIFTY DOLLARS 1$350.00) PER DAY FOR EACH AND EVERY CALEN-
if' I """"^,, , ",""m 'NO "OLmm "wmml,
'~~:RACTOR: f0^r.J,c\l~c ~c,1-r''' {~.crp
UlORESS: I, 7, 11fT' r ,f:.J
Ii. \ ,\ /,'
1-+1-" )'1-111'0}(, /1-----::...:...
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61 \'J' l~cL
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SIGNED BY:
lATE:
P-B - 2
. IInul
.
.
ST. PAUL FIRE AND MARINE
INSURANCE COMPANY
St. Paul, Minnesota
A Capital Stock Company
\'
Prope.1y& LJabd,1y
Insurance
BID BOND #652956
Approved by The American Institute of Architects.
A. I. A. Document A 310 Feb. 1970 Edition
KNOWALLMENBYTHESEPRESENTS, that we NORTHGATE ELECTRIC CC'RP.
63 Depot Road Huntington Station, New York
as Principal, hereinafter called the Principal,
and the ST.. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Minnesota as Surety, hereinafter called the Surety, are held and firmly bound unto
Town of Southold 53095 Main Road Southold New York
as Obligee, hereinafter called the Obligee,
in the sum of
FIVE PERCENT OF AMOUNT BID
Do llars
,. q
($ ) " ), for the payment of which sum well and truly to be made, the said Principal and the said Surety"
bind ourselyes, our heirs, executors, administrators, successors and assigns, joimly and seyerally, firmly by these presents.
WHEREAS,thePrincipalhassubmittedabidforHaste Water Disposal ili:3trict - Scaver:ger
Was~e Treatment Facility Federal Project #C-36-ll20-03
Project #SOHT8206 :ontract #4 Electric
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a
contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in
the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the eyent of the failure of the
Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not
to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may
in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and
yoid, otherwise to remain in full force and effect.
Signed and sealed this
21st
day of
February
84
A.D.19_,
(Witness)
}
(Seal)
(Witness)
.-"7
~--
/ (Title)
S1. Paul Fir~ld Marine Insurance Company
} (Surety)
B~"tli\~l
Thoma s r.lcMahor. (Attorney-in-fact)
I;
/ !t)~ -0 '''4, TC
(Seal)
13250 Ftev. 5.79 Printed In U.S.A.
Printed with pennission of The American Institute of Architects
~Stillul
Prw~&LOOI'r>;
m,,,=
.
ST. PAUL FIRE AND MARINE INSURANCE CO~Y
. Washington Street, St. Paul, Minnesota 5.5.
GENERAL POWER OF ATTORNEY - CERTIFIED COpy
(Original on File at Home Office of Company. See Certification.)
CERTIFICATE OF
AUTHORITY NO.
':.~ ;'~i 5 F
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, a corporation organized and existing under the laws of the State
of Minnesota, and having its principal office in the City of 81. Paul, Minnesota, docs hereby constitute and appoint:
Donald A. Hall, Donald A_ Hall, Jr., Thomas McMahon, Walter O. Sass,
individually, Valley Stream, New York
its twe and lawful attorney(.~)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or
otherwise,
NOT TO EXCEED IN PENALTY THE SUM OF FIVE HUNDRED THOUSAND ($500,000)
EACH
and the executi:on of all such instrument(s) in pursuance of these presents, shall be as binding upon s.lid St. Paul Fire and Marine Insurance Company, as fully
and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,-Section 6(C), of the By-Laws
adoptl:d by the Board of Directors of ST. PAUL fIRE AND MARINE INSURANCE COMPANY at a meeting called and held on the 23rd day of January, 1970,
of whiich the following is a true transcript of said Section 6(C):
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary shall have power and authority
(1) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and
(2)To appoint special Attorneys-in-fact, who are hereby authorized to certify to copics of any power-of-attorney issued in pursuance of this
section and/or any of the By-Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special Attorney-in-fact and revo:(e the authority given'"him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly
called and held on the 6th day of May, 1959, of which the following is a true exerpt:
"Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating
thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the
Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the
future w:ith respect to any bond or undertaking to which it is attached."
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IN TESTIMONY WHEREOF, St. Paul Fire and Marine Insurance Company has caused this instrument to be signed and its corporate
seal to be affixed by its authorized officer, this 2nd day of January, A.D. 1 no.
STATE OF MINNESOTA
County of Ramsey
f 55
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
Vice President
On this 18th day of A r' 1 ,19 Al' before me came the individual who executed the preceding instrument, to me
personally kno..vn, ana,-being by me duly sworn, E,n1iat he/she is the ther'~Tfl described and authOrized officer of St. Paul Fire and Marine Insurance Company;
that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of
the Board of Di:rectors of said Company. .
CERTIFICATION
I, the undersign'ed officer of St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney
and affidavit, and the coPy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGI;.{ALS ON FILE IN THE
HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power or
Attorney has not been revoked and is now in full force and effect.
~"!t~
,). :":oli~:\
;.~~'~,
~/~A~C)
........:V
Only a certified copy of Power of Attorney bearing the Certificate of Authority No. printed in red on the upper right corner is binding. Photocopies, carbon
copies or other reproductions of this document are inyalid and not binding upon the Company.
1~~
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~~~...../IL -/ ~
iI'~~'~
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IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the city of St. Paul, Minnesota, the day
and ym first above written. d ~ tJJ. ~
LOIS O. SMITH, Notary Public, Ramsey County, MN
My Commission Expires September 29, 1987
IN TESTIMONY WHEREOF, I have hereunto set my hand this
~#~
21st
February
19 8],
, -.
day of
ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALl.Y VOID AND WITHOUT ANY VALIDITY.
For verification of the authenticity of this Power of Attorney, you may telephone toll free 800-328.9821 and ask for the Power of Attorney Clerk. Please refer
to the above Certificate of Authority No. and the above named individual(s).
29550 Rev. I1-B2 Pl'"lnted In U.S.A.
.
.
.
.
CORPORATION ACKNOWLEDGMENT
~~~~~,~IO~'~J:i;L"
c;/ L..."d.y OL..;:t.~'-<l.-1'
penlon,dly cume,Ukit.t;,(!J~, ;, , . '" .'.,.. .,10 me known, who being by me duly
sworn, ,J;d depose und suy; th.t he resided in'..:J'(~",~, " '" , ,. , . ,thut he is Ihe.'),,,,-,,,,
::::I~~e'~h'::h'~~e~~~1~""l~~~~t;C~~f:h~ ';;;;~~';;'~' .e.1 of ..id corpo"'tio~;' Ib:;t t~~:o:~:r:;;~:e::~~r~~~
ins"'un",nt is such corporute seal; th.t it was so .ffixed by order of the Board of Directors of s.id corporation. and that he
signed his name thereto by like order. .'.m'J.Za..y.i.u..l.;..c~"..;" NOl"ry Public.
}ss:
~millul
prop..".&L.mIJolfv
~
On this
'3-1
...-.. -..... _,19..._ ..., before me
10'992
Ed. 2.58 Prlnt.d In U. S. A.
My Commission expires..
MA'~CI,\ R CAR' l\j 'c~
NOTAI,y P'JE!___,C .S+'l!c'of J~ew Yort'"
... .......,,--...(5l.-G.,.lr~;j. .:~:s:~i~~~.~~;~_.;;..;~ .'q. :'
Term ExPires March 3( 19. .~i ,~
.'
STAT!' OJ NI'I\' YORK
COUNTY or Nassau
} "
SURETY ACKNOWLEDGEMENT _ N. Y.
011 [lie
.~.l.s.t""'"''''''''''h''' d,y Of,o'h~o:.~':.Uo~':,::'ohhm...mh'h"hhoho"ohh"" in the year 19......8.\.,1'0" m, p',"onillly came
Thomas McMahon
.'----.-----.--_"h--_____----------_h______-__".".U"4__"0'."."uh______U_.. . to me known, who. being by 1Il~ dtdy sWorn. did
Bayport . '
depose ",,<1 say llta' iteM" ",i<1es in .hO-..Ohh..--..O---...h.-.hO_O............._....h.......Oh.h......h_.._.....O..h.hh._Oh________...... N, y,; tltat Ite/sh<"
'he AlIu""y.,u,J-a" ,,' 'he '''Oh.___ ST. PAUL FIRE AND MARINE INSURANCE COMPANY '_"_"h, 'he corpUlalion dese,ib,d in anJ whiCh
<x,"uk" ,It< ab"vc ,n"",men,; th.. h</sh< knows the ..ill of said corporation; that the seill affixed to said in"'umen' is su,1t COtpu"te 'eal; that It
was '0 ",n"e<1 1t" o,J" 01 'he Bo..d of Due"ors of 'did C",pontion. and tha, he/she sign<<1 his/her name 'h"eto by like 0,<1,,; and 'he ,fllant d,d
fUllh<r depose "nd say 'ha' 'he Superintendent of Insurance of 'he State of New York. has, pursuan',o Section 327 of th< Insuraoce Law of Ihe S""
of N<w Y"lk, '"'''''.''' --__..0.. ST. PAUL FIRE AND MARINE INSURANCE COMPANY ....-...-hi:~"ti1;ak of yualil""ion. eVIdencing ,he
qualifu:..lJoll III s~lld ('{lmp..n}! and i!s SUfficiency under any law oC the State of Ne~York a, S s. and guarantor, and the prop may 01 accepting
and approving II i1~ SUdl; ...tnd thai such certJficate has not been revoked. . ~)
, WALTER O. SASS
No!aIy Public. Stata of Now Yor1c .. 4:::;y 0
. I No. 3O-B767575 -.-. ..._..0. .......-.......--....=-=Oh..h___.___......o..o_o........_.
Ooa1lfied In Nassau County c:::........___ Notary Public
Rey. 5-66 Printed In J;p~mlsslon Expires March 30.1r/J::1
11629
.,.-.---- -~.--
'St,'Pllu~Fire and Marine Insurancaompany
385 Washington Street. St. Paul, Mr~ota 55102
Telephone (612) 221 7911
,
c:u ~"'" "U.. 'i
..r::: ~'t~ rt"'~:d~!i; , ,"
1-~""'LtQ...
Property & lJabliriy
Insurance
Assets
Bonds
Stock
Mortgage Loans
Real Estate
Cash I, Bank Deposits
Agents' Balances
Bills Receivable
Reinsurance Recoverable
Fede ra 1 Income Tax
Recove rable
D3ta Processing Equip.
I\ccrued Inte rest &
Di vidends
Receivable from
Affil iates
Equity & Deposits in
Pools & Assoc.
Othe r Assets
Receivable for Securities
Chari table Trust Assets
$2,462,863,748
972,326,178
20,868,000
2,591,861
13,423
282,427,566
11,712,952
29,737,419
680,437
4,762,811
63,150,051
15,604,530
113,844,259
37,715,095
9,135,386
15,000,000
Total Assets
$4,042,433,721
.
FINANCIAL STATEMENT - MARCH 31, 1983
ST. PAUL FIRE AND MARINE INSUAAtCE CClI1Pl\NY
Liabil ities, Surplus & Other Funds
Losses
Loss Expense
Taxes & Other Exp~nse
Fed. & Foreign Income Taxes
Miscellaneous Liabil ity
Unearned Premiums
Policyholders' Dividends
Funds Held - Reins. Treaties
Funds Withheld
Reins. Unauthoriz,ed Co's. less
Funds Held
Statutory Reserve:,
Ceded Reinsurance Payable
Drafts Outstandinq
Other Liabilities
Payable for Securities
Spec. Res.--Cuaran':y Fund Law
Total Liabilities
Guaranty Surplus $ 1,000.000
Capital Paid-Up 20,000,000
Surplus 875,599,421
Surplus as Regards
Policyholders
$1.743.949,352
393.539.657
19,240,242
202,007
2,301.365
678,171.332
8,789,156
42,945,568
7,674,098
33,719,490
-0-
44,058,124
8.719,030
55,303,039
106,221.834
1,000.000
3,145.834.300
896,599,421
Total Liabilities & Surplus
$4.042,433.721
Securities carried at $77,676,521 in the foregoing statement are deposited as required by law.
STATE OF MINNESOTA)
) SS
COUNTY OF RN-1SEY )
Robert K. Dybdal, Treasurer of the St. Paul Fire and Marine Insurance Company, being duly
sworn, deposes and says that he is the above described officer of said Company; that said
Company under and by virtue of the laws of the State of Minnesota, and has duly complied with
all the requirements of the laws of said state applicable to said Company and is duly
qual ified to act as Surety under such laws; that the above is a true statement of the Assets
and Liabll ities of said Company on the 31st day of March, 19B3.
SUbaribed and sworn to before
l.;J_.day of t~ '
tL<-...../ tP. A .
LOIS O. SMITH
Not.ry P ..O.K, h.nw)' COUltty, MN
Ml" CvMMr.;l~ION EXPIRES
SePt.m~r ~9, 1 ':l87
me this'
. 1983
~
i~
10:>
Propen " les lnc' 5t Paul Fire and Marine Insurance Company I St. Paul Mercury Insurance Company
The 51. Paullnsl,.lrance Com~ny I 51. Paul Guardian Insurance Company! The St Paul Insurance CompallY ofllhnotS
.
.
Jt:DITII T. TFR.R.Y
TO\\iN elFR K
RLC!STRAR Oi' VI L\L ST \ J ISIICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall. 53095 Main Road
r.o, Box 728
Southold. New York 11971
TELEPHONE
(5]6) 765-1801
July 18, 1984
V. A. Daddino, President
Deleon Electrical Contractors, Inc.
P. O. Box 170
Shoreham, New York 11786
Dear Mr. Daddino:
Whereas the Town of Southold has now executed a contract with
McDowell Electric Corp. for Contract J/4, Electrical, Scavenger Waste
Treatment Facility, Greenport, I am returning herewith your Bid Bond.
Very truly yours,
;;Z/cL~~fr--
Judith T. Terry
Southold Town Clerk
Enclosure
'.
tiL ~~~:,~:,::~~~;. ~.~::..~~.~.~ ~,~.~::,:~;~.::,;r'
PROPOSAL (CONT'D.)
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE 'rREATMENT FACILITY
TOWN OF SOUTH OLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BASE BID
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and co~pletion of:
FEDERAL PROJECT NO. C-36-1120-03
Electrical Work/Contract 14
(STATE CONTRACT AND CONTRACT NO.)
in strict accordance with the Contract Documents for the lump sum price
of:
One Hundred one thousand nine hundred do:(lars 8:no/l00
(WRITTEN IN WORDS)
$
101.900.00
(WRITTEN IN FIGURES)
, which lS the Base Bid.
/ ji ;J:.)g~
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~........ HOLZMACHER. McLENDON & MURRELL. P.C
. [~ CON5Vlf'OO(ifJlfOl""f"'....vllll()llofOolt..,.....KtI..''''"'_.-v...........
PROPOSAL (CONT' D. )
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
THE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE C011PLETION DATE SHALL BE
THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED).
CONTRACTOR: Deleon Electrical Contractors, rnc.
l\DDRESS: P.O. Box #170
Shoreham,~ew Yor~ ~ <=--__
V. A. uaddinoc~___~
~
SIGNED BY:
TITLE:
president
DATE:
February 21,1984
RCVD. ADD. #1 dated 2/14/84
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BID BOND
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KNOW ALL MEN BY THESE PRESENTS:
Tho
l:onliMnIa1
lnswance
Compan;e.
That, ,Dele;on,Elec~ricaLCollt.rae;~ors, JIle;, ,..,..,....'...."..".......,..,.....
~
of '...... ~9 . Mai:Y ,Pi tk i ri . Path;. }liorehain; .N~w Yor~..'. ii I'M.' "'..'~' S~~~~~f ,..""".,., H~0.. (ort..'.".... ....,...
heteinafter called the Ptin<:ipal, and ..ThE!,~o,nt.i,n,E!J1.taJJJ1~~r,a,n,C.!'!..COITlp.,a,J1y ..", ,........ ......,....
hete~a~t~~cyg~the~~e~, are held and firmly bouad u~toTO\1n()f~out~()lQSUffQlk C()~nt~,
of ..'..'SuffoikCount;y,"........"...., . ...."..,',............'...'.,..,..".......... ,S~~;~..~i ,....New..York...,..............
hereinafter called the Obligee, in the sum of, Fi ve Percent. t5%LAmountof.Bicl~~~~,~~~~~,~~,~~~::~,~::,~..
"" ,~, ~,~ ~ ,~,~,~,~, ~ ~~,~,~,~,:: ~ ~~,~,~,~,:::::: ~,~,~,~~ ~:: ,:: ,:: ::,::,::,:::: ,::,::,::,::,:::: ::::::,::,::,~,:: ::,::,~,::,::, ~ ~:::: ::,~,::, ~ ::~,~,::,::,~, ~::,~,~,::,::,::, Dollars;
for the payment whereof to the ObliRee.. the Principal bind ....j.t~.~lf.,....... ._...........tt.~.... heirs, executors,
administrators, successors, and assigns, and the Surety binds itself, its successors and assigns,. firmly by these
~
~
presents.
,,'
Signed, sealed and dated this ........Ut.h ........,.. day of ......Fellr@ry ,.." ,'....",.. , 19..84..
for
P . I' h 'h b'. h . b'd j d 2 -21 -84
, 1iI;'hereas tht, qncipil IS c:+ewlt su ffilUt,ng t e accompanYlO& 1 ! ate .,......_.. .........
'" ..~)Ca vanger , ,waSte ,w~ter" ,I, reatment, f' Ian t" ,Con tra ,ct, 114 ,E lec trl c,al,."""",
.............................................................................................. ....................-......................-........................... .........
Now, Therefore, the condition of this obligation is such that if the bid be accept(~d as to any or all of the
items of material and workmanship proposed to be furnished thereby, or as [0() any portion of the same, and -if the
Principal will, within the: period specified therefore, or, if no period be specified, within ten (10) days after
notic(~ of the award of the:: contract, enter into contract with the Obligee, to furnish all work and material at the
prices offered by said bid, and will furnish bond with good and sufficient surety or sureties, as may be required,
for the faithful and proper fulfillment of such contract, then this obligation shall be void. And the Surety hereby
binds iitself and its successors to pay to the Obligee, in case the Principal fails to enter into such conttact, and
give such bond within the period specified therefore, or, if no period be spe(:ified, within ten (10) days after such
notice of award of contra(:t the difference in money between the amount of the bid of the Principal on the work
and material so accepted, and the amount for which the Obligee may contract with others for such work and
material, if the laner amount be in excess of the former, bur in no event $hall the Surety's liability exceed the
penal sum hereof. ,\.,,,
(I:'
~
In Witness Whereof, this instrument has been executed by the duly authorized representatives of the Prin-
cipal and the Surety.
..................................................
Deleon Electrical Contractors, Inc.
'..... (Seal)
~
~ Pr;ncipal
..~~.........~.....,...,.........,....,.............
BY:
~
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..
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Attorney Jj
-- -GL~
--
.....1264<:
Printed in U.S.A
"
. .
The Continental Insurance Co:mpany
80 Maiden Lane. New York, New York 10038
GENERAL POWER OF ATTORNEY
Know .11 men by these Presents. That THE CONTINENTAL INSURANCE COMPANY has made,
conS"'utel~ and apPOinted Ind by these presents does make const'tute and appOint
ED',;A.':;;l McGRATH, JR. OF MELVILLE, NEW YORK
ils true anej lawful anorney for ,t and ,n Its name place and stead to execute on behalf of the SI,el Company, as surety, bonds. undertakings
and contrltcts of suretysh,p to be given to
ALL OBL! GEES
IlItlVlded lhat no t>cmd or underlaklng or conlract ot surelysh,p executed under lh,s authortty shall exceed .n lmount!he sum of
TEN MIaIDN ($10,000,000.) DOLL~S.
This F'l:Jwer of Anorney 's granted and 's s'gned and sealed by facs,m,le underlnd by1he aLlthortty of the following Resolution adopied
by !he B~lrd of D'reclors of the Company on me 1st day of November, 1977
"
"'fESOLVEO.1hat1he Ct\a"n'\II"lol!he Boa.o the V'C~ Cha,.tnlnolIhe6oaIC the "'-slOenl anE.aecUfI\llt Vce Pttslcef'lt or I Sef'lo,vtCePtnIOtl"ltor.VaPlndent~""
~ IMt.Ilnd1tle! "C'" O' In.,. of the"" r, auff\Or.zec IO'''Clftt ~r, oA MOrney Q""lhtYlng "'" .nomey I\8l"1"1eO In the g,\lltl"l Power 01 AftorrwrtoencUle 1ft bena" of the
Compen.,. bClII"ICIl 1oII"IOt"....,ngs ''''c:1 III conlrlC1S OlIU.,.,.S"I~ Ina trial In AnlStlnT VIce Ptwl'Dent . Secretary Olin AIIlnt'"l Sec...ry be. end thai each 0I1ht 01 them ....by
e. aIIf'lOf_' 10 "It 'IfW ..,CUf.on 01 In.,. autr. ~, 01 An~ ena to ItIICh It\trelo "" ..., at !hi CoI'T\p.Iny
"""'''leA AESOt.VEO ,.,., the Slg""lu'WI of SuCh of'.cersancl ttle leal 0' ~ CclrT\oany mIIy be "'1..ClIO Iny auct\ PDlIW'fr '" A1'IOt'lWy or to any ~..cat"", ""'-to by
fIIcaitNe. anl:l any~",f'OIlcJwef 04 Ano'P'le, O' certificate bel'lng lUC'" tacs,mllt Slg""lU~1 Of faCllml1e "'1 ShIll be ~1t(l1nc:1 blnalng uponrrw eomp.n~whlnlD"'l&8CJend"'1f'le
..... Wdh "..-clIO any bonCl ~rtaklng 0' conlract 04 au.ty$hIP 10 whit" " IIlftacl'leO
- In Wlhll Wha~. THE CONTINENTAL INSURANCE COMPANY has Clused ds offICII I ..lito be hereunto affixed. Ind these
plnents It) be s'gned by one of ,ts Vice Pres'dents and anested by one of dS Ass,stanl VIce F'res'Clents thIS 3rd day of March. 1982
THE: CONTINENTAl INSURANCE COMPANY
Attest
~7/ ~~~~~~
./
l tot $teptwns ~lrSllnl \Ice PreSrdent
~\?j~":' ~::">"
- "
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.~.~...~::.....
BY~~
~,.rq;;
II" Fo<a v..._r
STATE OF NEW YORK }
COON,..,. OF NEW YORK
..:
On thiS 3rd day of March, 1982 before me personally came M l Ford, 10 me known. who being by me duly awom. did depose and say
1IIIt he resIdes in Summ't. In the County Of Un'on, Stafe of New Jersey at 768 Sprtngfteld A'lenue, that he is I VICe ~sldent of THE
CONTINENTAl INSURANCE COMPANY, the corporll'on described ,n Ind which executed the IlbOYe .nstrument.thal he knOwS the ..al of
the Slid c:orporltoon. thaI the seal Iff,xed to the Slid .nstrument 'S such corporate "II. that I~ was SO affIxed by order of the Board of
o.,.C\t)rs of Slid corporltlon Ind that he s'gned h,s name !hereto by like order
:;}~~. 5)J'\,'n rY/ 1Y}c.c~'tj,..
.\....c.,... I........ McCarth, ----0
!>.~ AItIaI.ry_"_~
ItIr eo-_ ~ FoIl 17.11I7
CEIITlFlCATE
I. !he underSigned, In AssiSlant Secretary of THE CONTINENTAl INSURANCE COMPI'NY. I New Hlmpsh're corporation. DO
tolEREBY C;ERTIFY that the forego.ng and attached Power of Anorney remains in full force and "IS no! been IW\IOked; Ind furthermore that
the Resolul00n of lhe Board of D,rectors, set fOrlh .n!he SlId Power of Attorney, is '-' m force
Slgne'd Ind ..lied at !he Cdy of New York Dated !he
~13~~.h".~~....
- "
{=. ..-\
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.." ....:....
day of Februar'y .19 84
&---?:~-~~
.
,.' .
.
.
FINANCIAL STATEMENT
The Continental Insurance Cc:>mpany
AS OF
DECEMBER 31, 1982
ASSETS
Cash. . . . . . . . . . . . . . . . . . . . . . . . . . .. $
Bonds and Stocks. , . . . . . . . . . . . , . . .
Interest, Dividends &
Rents Accrued. . . . , , , . . . . . . . . . . .
Agents' Balances Receivable. . . . . . .
Equities in Assets of
Underwriting Associations. . . . . . . .
Real Estate ......................
Other Assets. .. .. .. . . .. . .. .. . . . . .
51,682,208
802,202,915
14,493,392
156,566,694
21,644,032
13,084,000
201,828,370
Total Admitted Assets. . . . . . . . . . . . .. $ 1,261,501,611
STATE OF NEW YORK }
COUf'lITY OF NEW YORK SS:
CITY OF NEW YORK
LIABILITIES, CAPITAL & SURPLUS
Reserve for Unearned Premiums. . .. $ 243,271,155
Reserve for Losses. . . . . , . . . . . . . . . . 534,073,494
Reserve for Loss Expenses. . . . . . . . 73,374,630
Reserve for Taxes & Expenses. . . . . . 18,040,184
Reserves held under
Reinsurance li'eaties . . . . . , . . , . . .
Reserve for Other Liabilities. . . . . . . .
Total Liabilities. . . . . . . , . . . . . . . . . .
Capital ..............,...........
Surplus. . . . . . . . . . . . . . . , . . . . . . . . . .
Policyholders' Surplus. . . . . . . . . . .
Total Liabilities, Capital & Surplus. . .
3,507,431
151 ,245,471
$1,023,512,365
53,566,360
184,422,886
237,989,246
$ 1,261,501,611
F.M. Colalucci, being duly sworn says: That he resides in Glen- Head, New York and that he is Vice President an~
Controller of THE CONTINENTAL INSURANCE COMPANY, that said Company is a Corporation duly organized,
existing, and engaged in business as a Surety by virtue of the Laws of the State of New Hampshire and has duly
complied with all the requirements of the Laws of said State and the Laws of the State of New York
applicable to said Company, and is duly qualified to act as Surety under SUGh laws: that said Company has also
complied with and is duly qualified to act as Surety under the Act of Congress approyed July 30,1947,6 U.S.C. sees.
6-13 to qualify as sole surety on recognizances, stipuiations, Bonds and undertakings permitted or required by the
laws of the United States, to be given with one or more sureties; and that the foregoing is a full, true and correct
statement of the financial condition of said Company on the 31st day of December 1982 to the best of his knowledge
and belief.
Sworn to before me this 28th
day of March 1983
~~~~~t~
~=~~ S~S~M~'~~
A Notary Public of New Jersey
My Commission Expires Feb. 17, 1987
rf~<:~:;";;;:;\
.- - ~.
.c. ,.... _.
..' ,-"
..<~~.......:;:->...
,;~~.
CERTIFICATE
Vice President and Controller
SURETY ACKNOWLEDGMENT
State of New York
County of Suffo 1 k
City of Melville
13th February
~~ ~~
before me personally came Edward McGrath Jr.
to me known, who, being by me duly sworn, did depose and say that he resides in ~vlll e, New r ork 11747
-- ; that he is the Attorney of The Continental Insurance Company of New York, the corporation
described in and which executed the attached instrument; that he knows the corporate seal of the said corpor . n;
that the seal affixed to the said instrument is such corporate seal; and that it was so affixed by ord r of the Boan;
Directors of the said corporation, and that he signed hi name thereto by lik or r.
OE~O;:::\H 1. ORR )
NOTARY P~']~~ -. ;:..,Ie of New YorE
N':J. 705055
Quolilwd In S:Alolk County /
Term I:.llplfei March 30 19"t"\.
} ss.:
84
, in the year 19 _
.
.
JUDITH T TERRY
TOWN CU:RK
REGISTRAR OF VITAL STAllST1CS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHO"<E
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Dennis McComb, President
Ellsworth L. McComb Electrical Contracting Inc.
276 Lindberg Street
West Hempstead, New York 11552
Dear Mr. McComb:
Whereas the Town of Southold has now execut,ed a contract with
McDowell Electric Corp. for Contract #4, Electrical, Scavenger Waste
Treatment Facility, Greenport, I am returning herewith your Bid Bond.
Very truly yours,
"-,/l~' ,
~a7L-.-7 '~~/Y'
Judith T. Terry
Southold Town Clerk
Enclosure
ltile
. ,.
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a.....Jr~...... H.MACHER McLE.NOON &. MUHHlLl. P C
. 1.L.fT1l, UJ.Io<r..'l""u I......,..".. t..~,_..I..'..l !oCIt"""'_d~"""I"'$
.
{CONT'D.)
,
IliSTEWATER DISPOSAL DISTRICT
. "~VENGER WASTE TREATMENT FACILITY
TOWN OF SOUTIlOLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
The undersigned further understands and agrees that he is to fur-
h all labor, material, equipment, supplies and other facilities
~ssary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-l120-03
NO. )
accordance with the Contract Documents for the lump sum prlce
Y~~~~A~ ~ ;JMJ-JLL/~~
(WRITTEN IN WORDS)
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EUSWORTH L. McCOMB
ELECnilC INC.
276 Lindberg Street
WEST HEMPSTEAD. L.I.. NEW YORK 11552
(516) 4119-6139
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~....... HOLlMACHER, McLENDON & MURRELl. PC
. l~ COO<6t..ll.1IfoQtJlfGotott,. I..YIfllQHtlff"T"l..IO(NI~f'I_fI'Vo"''''1W
.
I PROPOSAL (CONT' D. )
1:--
I.
lIASTEWATER DISPOSAL DISTRICT
SCAVENGER \~ASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTIIOLD, NEW YORK
ALL WORK SHALL BE COMPLETED WITHIN 455 CALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS,. SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
rHE CONTRACT.
x~tf:
"r. LIQUIDATED DAMAGES FOR DELAY BEYOND THE COMPLETION DATE SHALL BE
fflREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAR DAY (SI,TURDAYS, SurWAYS AND HOLIDAYS INCLUDED).
Ii
cONTRACTOR:
~ESS: :~76 Y>>NJley c;LJ
li~'D 0Y,~~f::!7 ",,'-
fI;LE: P:U-wtn/
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BlSWORTH L McCOMB ElECTRICAl CONTRACTING mc,
P-B - 2
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,Aultfrttnn ~fib~lit! ;filft 3hl~!alfnnJtt (ll.\nn?ttnn
A Nl_W YOf~K CUHPUHJl.1l(JN
THE AMERICAN PLAN PLAZA BUILDING
lOa CROSSWAYS PARK WEST
.
WOODBURY. N Y. 11797
.
15161 364.2700
KNOW ALL MEN BY THESE PRESENTS:
nIn Ok PROPOSAL nOND
3329545-4
That we, Ellsworth L. McComb Electrical Contracting, Inc.
276 Lindberg Street
West Hempstead, N.Y. 11552
(hereinafter called the principal). as principal, and American
Fidelity Fire Insurance Company, a corporation organized and
doing business under and by virtue of the taws of the State of
New York, and duly licensed for the purpose of making, guaranteeing
or becoming sole surety upon bonds or undertakings required or
authorized by the laws of the State of New York as Surety, are
held and firmly bound unto Town of Southold
khereinafter called the Obligee} in the just and full' sum of
Ten Thousand and no/100------------------------7------------
Dollars ($ 10,000.00 ) lawful money of the United States of
America, for the payment of which, well and truly to be made, we
hereby bind ourselves and our and each of our succe~sors and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH TliAT, WHEREAS, the above
bounden principal as aforesaid, is about to hand in and submit to
the obligee a bid or proposal for the C t #4 I .
on ract , -E ectrlcal
Scavenger Waste Treatment Facility, Greenport,N.Y.
(Federal Proj. #C-36-1120-03)
in accordance with the plans and specifications filed in the office
of the obligee and under the notice inviting proposals thp-refor.
NOW, THEREFORE, if the bid or proposal of said principal shall be
accepted, and the contract for such work be awarded to the principal
thereupon by the said obligee, and said principal shall enter into
a contract and bond for the completion of said work as required by
law, then this obligation to be null and void, otherwise to b~,~nd
remain in full force and effect.':""" \ '1:<.'.
:- ",\
IN WITNESS WHEREOF,
presents to be duly
1984 .
said Principal and said Surety
signed and sealed this 17th
.'
have cnu~d t,hese
" ,'.,\
day ofFebr'o1axy
')
L. MCCOMB ELECTR,1;Cl;\L
NG, Imc. 2~
./~(~
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by
::~RIC~DELITY
~. Faha,
NSURANCE COMPAN)
Attorney-in-fact
\~' \ \
. .
INDIVIDUAL VERIFICATlO~1
STATE OF
COUNTY OF
} ss.:
On this
before me personally came
to m€! known and known to me to
instrument, and acknowledged to me
nay of
in the year 19_.
be the person described in
that he executed the same.
and who executed the foregoing
PARTNERSHIP VERIFICATION
STATE OF
COUNTY OF
} 53 :
On this
before me personally came
copartnership of
to be the person described in
that he executed the same as
clay of , inJhe year 19_.
, a member of the
, to me known and known to me
and who executed the f6regoing instrument, and acknowledged to me
and for the act and deed of the said copartnership.
CORPORATE VERIFICATIOI~
STATE OF /J t IV '-/o/{k
I
COUNTY OF~) I'J S S If I)
J'7 rH
On this
} ss.:
j) ,day of f:- J3 f? Li R I? Y
ctUAJ/S f.!(f CtJ
, in the year 19 P Y,
before me personally came
to me known, who, being by me duly sworn, did depose and say that he resides in
~W.6ST fit Ii osrE;t;/) A/.V.
I I /
of the f/L~/A'('JI<. rfl L. J..f" rA ul>,
; that he is the P,iU:':: <;~ bh" J/
r - ~ .
c L f' t' TI? If' I4l-.f...'o'lJ'rI?/'i c:..r/lv{'.,.- . Z"AJr
, /
the corporation described in and which executed the foregoing instrument; that he knows the cor-
porate seal of the said corporation; that the seal affixed to the said instrument is such corporate
seal: 'end that it was so affixed by order of the Board of Directors of the said corporation, and that
he signed his name thereto by like order.
EVANGWNA L DOMINICK
Notary Public, State of New York
No. 30.4769474
Ou~lif.ied in Nassau County
CommissIon Expires March 3D, 1984
j;{J..c[Uj.du~a
/
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(For convenience of Principal in connection with attached bond.)
3600:35-7-65
, .
. .
~mffiQn jfibfHt~ $fin ~n~u~nntf Q:llmfnne
A N~W TORK COlltPORAT10N
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the American Fidelity Fire Insurance Company,
a Corporation in the State of New York, having its principal office in Woodbury, State of
Ne" York, pursuant to the following resolution, adopted by the Board of Directors of the
said Company on the 18th day of February, 1969, to wit:
"The President, or any Vice-President, or other officer designated by the Board
or Executive Committee shall have authority, severally, to make, execute and deliver a
p01<,er of attorney constituting as Attorney-in-Fact such persons, firms or corporations
~s such officer may select from time to time", does hereby make, constitute and appoint:
GEORGE H. FAHA and/or EVANGELINA DOMINICK OF MINEOLA, NEW YORK
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred
in its r,ame, place and stead, to sign, execute, acknowledge and deliver in its behalf,
ana as its act and deed, as follows: any and all Surety Bonds with penal sum
not to exceed Fifty Thousand and no/lOOths ($50.000.001 Dollars
and to bind American Fidelity Fire Insurance Company thereby as fully and to the same
extent EtS if such bona or undertaking was signed by the duly autrlorized officers of the
American Fidelity Fire Insurance Company, and all the acts of saia Attorney(s) pursuant
tc> the authority herein given, are hereby ratified and confirmea.
IN vlITNESS WHEREOF, the American Fidelity Fire Insurance Company has caused these
presents to be signed by its President and/or its Vice-Pres',dent and/or its Assistant
Vice President and its Corporate Seal to be hereto affixed.
SEAL
AHERICAN FIDELITY...ZIRE INSURANCE COHPAKY
. ,\ j (\
V,'w.' ~ , ~v.,""''-'
Richard R. Sumner vice PRESIDDIT
e:"1'q'T;- Ol~ 'tVl: YO>:;;;)
'----- ...~_., ...... SS:
C01!:;7l OF ;;.~SSP.'j )
S I NEW YORK
tate 0 l
Co'unlyof NASSAU \ "50
.
.
.;\mrrirnn Jfibrlitt! 1in ~n.&Urlltt!t Q:..mvltn~
A NIEW YOII,,~ CO....O"...TlON
THE AMERICAN PLAN PLAZA BUILDING
100 CROSSWAYS PARK WEST . .WOODBURY. N, Y. 11191 .
FINANCIALSTATEMENT
As of December 31, 19~2
Assets
Bonds
StDcks
Cash and Bank Deposits
Agents Balances or
Uncollected Premiums
Funds Held by Reinsurers
Companies
Reinsurance Recoverable on
Loss Payments
Interest Dividends Income
Due and Accrued
Other Admitted Assets
Section 86 Penalty
T'JTt,;:' .~SSETS
$12,986.086
3,966,583
2,190,360
3,630,574
7,462
6,423,145
279,210
513,362
29,99o,7~2
(1. 299, 192)
$28,697.590
16161 364.2700
Liabilities
--
Reserve for Losses and Loss
Expenses
Reserve for Unea:~ned
Premiums
Reserve for Expenses, Taxes
Licenses and Fe(~s
Reserve for Unaut.horized
Reinsurance
Funds Held Under Reinsurance
Treaties
Ceded ReinsuranC(;> Balances
Payable
Other Liabili ties
Total Liabili tie::;
Capi tal Stock
Surplus
Surplus to Poli<:yholders
Total Liabilities and
Surplus to Polieyho1ders
$11,130,476
2,156,3L6
315,:281
254,737
7,168,799
1,756,999
1. g24 059
$2~'ZOb:g97
<::.,,;00, 00
1.490,893
$ 3,990.~9,j
$28,697,590
Bonds aye valued in ac.corda!1ce wi th Amortized Value
CERTIFICA TE
Richard R. Surriller,Vice President and Harold L. Rosenthal,
Treasurer of American Fidelity Fire Insurance Compa~y of Woodbury, NY
being duly sworn each for himself disposes and says that they are the above "","'"11,.
described officers of the said Company and that on the 31st day of December.... ~'\i 'i/._
1982 the Company was actually possessed of the assets set forth in the ,/.... ~ I:::......:.
foregoing statement and that such assets were available for the pa;Y1Tlent,-be ...* ..... ~...:..
losses and claims and held for the protection of its policyholders and:~ /. ... ~~'.:
creditors and that the foregoing statement is a correct exhibit of suclj:::!'/:'" ~::2. ~
assets and liabilities of the said company on the 31st day of December=. ;.'-: '--, . ~
1982 aCt~Ord1ing to the best of their infonnation, knowledge and belief, ~ ..~ '\ .:':""".) :~: J
respec lve y -, ....... . ~
/ L p '<h':;.;,~~\~~~~"",
~ c::I{~ ;Z;()__7~"<':"""
/' ~~ P~t Treasurer
,
'.'..
,....
, .
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STATE OF NEW YORK )
COUNTY OF NASSAU ) SS:
4~ ~'~
On this /..J-. day of f- ., 198 ~ before me
came the above mentioned officers Amer can Fideli ty :~ire Insurance
Company of Woodbury, NY to me personally known to be th,= individuals
and officers described herein, and acknowledged that th,=y executed the
foregoing instrument and affixed the seal of sa~id corporation thereto
by authority of their office. /
SU-2(Rev.Ed.9/83)
,
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{/
JEAN M. THOMPSON
NOTARY PUBLIC. 8_ 01_ VOlt<
No. .'7l103O
0uIII1Ied In N_ Coullly F-
eammlNlon Expl'w MatCh 30. 1'",-7'
'1/ /
4/...::::?"-~_/~
.
.
JUDlTII T TERRY
TmvN CLFRK
REGISTRAR or VITAL ST\ IIS11CS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765~1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 18, 1984
Walter Weltner, Vice President
Hatzel & Buehler, Inc.
26 Sarah Drive
Farmingdale, New York 11735
Dear Mr. Waltner:
Whereas the Town of Southold has now executed a contract with
McDowell Electric Corp. for Contract #4, Electrical" Scavenger Waste
Treatment Facility , Greenport, I am returning herewith your Bid Bond.
Very truly yours,
~d~:;;i/-
Judith T. Terry
Southold Town Clerk
Enclosure
{..
· HOlIMACHER. MCLENDON & MURH[LL. PC.
~ UlOo......'ONO'-...... .--.-.'''''' 1Of.''''._~"''~
i
PROPOSAL (CONT' D.)
,
,
}.
,
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TRKATMKNT FACILITY
TOWN OF SOUTH OLD
SOUTHOLD, NEW YORK
BID DATE: FEBRUARY 21, 1984
BASE BID
The undersigned further understands and agrees that he is to fur-
nish all labor, material, equipment, supplies and other facilities
necessary and required for the execution and completion of:
FEDERAL PROJECT NO. C-36-1120-03
~Contract fl4--Electrical...Southold Scavenger Waste Treatment Fac. Tn. ~Il!ltn()lr1
(STATE CONTRACT AND CONTRACT NO.)
in strict accordance with the Contract Documents for the lump sum price
)f:
OIllL.llrJfj~UtJ W.e:vrt' ,0N"t 77;&(/5IW4 Nlllle JltWdttet1!%o ,jOU~5
(WRITTEN IN WORDS)
'.t"
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12.-~ <fa') 00
( RITTEN IN FIGURKS)
, which is the Base Bid.
"
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~....... HOLZMACHER. McLENDON & MURRELL. F',C
. ~ ~,,,,,,,,,,,-,,.~"....___~TI_-"-."
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~'
l PROPOSAL (CONT'D.)
,
<
"
IiIASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
n
<
f.
,
1
,
,
ALL WORK SHALL BE COMPLETED WITHIN 455 <;ALENDAR DAYS (1-1/4 YEARS)
(SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED) FROM THE DATE OF SIGNING OF
'I'HE CONTRACT.
LIQUIDATED DAMAGES FOR DELAY BEYOND THE COM:PLETION DATE SHALL BE
THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALEN-
DAR DAY (SATURDAYS, SUNDAYS AND HOLIDAYS INCLUDED)_
CONTR1\CTOR:
HATZEL & BUEHLER, INC.
A.DDRESS:
26 Sarah Drive
Farmingdale, NY 11735
i
\SIGNED BY: -~~.....,~
'TITLE:: WALTER WELTNER. Vice President
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DATE: February 21, 198L,
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..A. .TJocumenl No. A-3l0 (February 1970 Ed.).
A
mlEMAH'S FUND
DIS1fl1Al1tE!:llMPAHIES
FIREMAN.S FUND INSURANCE COMPANY
THE AMERICAN INSURANCE COMPANY X
NATIONAL SURETY CORPORATION
ASSOCIATED INDEMNITY CORPORATION
AMER:CAN AUTOMOBILE INSURANCE COMPANY
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, Batzel & Buehler, Inc.
363 Seventh Avenue
as Principal, hereinafter called the Principal, and Ne\V" York, NY 10001
The American Insurance Company, One North Broadway, White Plains, NY
a corporation duly organized under the Jaws of the State of N ewJ e r s ey
as Surely, hcreinaller called the Surety, are held and firmly bound unto
Town of Southold
Suffolk County, NY
as Obligee, hereinaller called the Obligee, in the sum of
5% of Base Bid
Dallms ($
for the payment of which sum well and truly to be made, the said Principal and the sa:d Surety, bind ourselves, our heirs. executors,
administrators, successors and assigns, jointly and severaJ~y, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Wastewater Disposal District
Greenport, New York
Contract #4 Electric..Proj. #SOHT 82-06
Fed. Proj. #C-36-1120-03
NOW, THEF:EFORE, if the Obligee shall accept the hid of the Principal and the Principul shall enter into a contract with the Obligee
in crccordance with the terms of such bid, and give such bond or bonds a5 may be specified in the bidding or contract documents with
good and s,.tlficient surety for the faithful performance of such contract and for the prompt p:ryment of labor and material furnished
in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and
such larger amount for which Ihe Obligee may in good faith contract with another party to perform the work covered by said bid,
then this obligation shaH be null and void, otherwise to remain in full force and effect.
Signed and sealed this
17th
day of
February
A.D. 19 84
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(WHn~
HATZEL & BUEHLER,INC.
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l-J?7li7~C [(~ CLh",--
Co p. See t. (Tille)
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(Principal)
(Seal)
THE
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(Witness)
AMERICAN INSU
\'hll~am Spaar,
Atkltne! i., fact
'GIi"~RAL
I'(i;.vER oF'
A1TORNH
. .
FIREMAN'S FUND INSURANCE COMlPANY
KNOW ALL. MEN BY THESE PRESENTS: Thai FIREMAN.S FUND INSURANCE COMPANY. a Corporation duly organized and ex.isllng under the
laws of the State of California. and havin~ its principal office in the City and County of San Francisco. in said Slale. has made. constituted and appointed.
and does by these presents make. constllute and appoint
WILLIAM SPAAR, JR., ARNOLD M. COHN, ROBERT J. FREY, RENEE G. BASSELL and
MARGOT HARNETT
GfeEAT NECK & NEW ROCHELLE, NYiointly or severally
its true and lawful Attorneyls)-m-Fact. with full power and authority hereby conferred In Its name place and stead. to execule. seal. ackno....ledge and
delli\'cr any and all bonds. undertakings. recognizances or other \l.Titlen obligation!> in the nature thereof ________________________
anl~ to bind the Corporation thereby as fully and 10 the same e'(tent as if such bonds were Signed by the Presiden!. sealed with the corporate seal of the
Cl.J1rporation and duly attested by its Secretary. hereby ratifying and confirmmg all that the said Allorneyls)-in-Facl may do in the premises
This power of attorney is granted pursuant to Article VIII. Section 30 and 31 of By-laws of FIREMAN.S FLND INSURANCE COMPANY now in full
force and effect.
..Article VIII. Appointment and Au/horiry Assistant seuelaries. and A({orney-in~F;JL'( and A~c"nH to ac.epl Legal Process and ,\laJ.c' Appearan~'t')
Seclion 30. Appointment. The Chairman of Ihe Board of Direclor~. the Pre..iden1. an~ VKe-Pre\ident or any olher per\on aUlhorilcd by lhe Board of
Oirector~. lhe Chairman of lhe Board of Direclors, lhe Pre~idenl or any Vice-Pre..idenr. ma~. from lime 10 lime. appoint Re..idenl A....i'>lanl Se..:relarIC..
and ,A,ltorneys-in-Fact to represent and ael for and on behalf of lhe Corporal ion and ....genl.. 10 d..:.:epl legal pro..:e.., and male appearan~.e.. for and on
be naIf of Ihe' Corporalion.
Seclion J:I. Authority The AUlhority of ~u.:h Re..ident ........hlanl Se~'relarie.., ....llorne~...in.Fad. Jnd ....gcnl- ..hall he 3" rr~'_~'rit><.:J In lhe in..lrUnlrnl
c\i,dencing lheir appointment. and any su..:h appoinlment and all JUlhorll\ granled lhereb~ ma, he re\lled Jl an~ lime b\ \h~' lh)ard ('f Dtr<.'~tor_ or h;-
any person empo~ered 10 mal.e such appOintmenl,"
This power of attorney is signed and sealed under and by the authority of the following Re~Lllutiorl adopted t'ly the Board of Directors of FIRE\.1A~.S
FUND INSURANCE COMPANY at a meeting duly caned and held on the l~th day of July. 1966. and ..aid ResolutIon has not been amended or
rel)ealed:
..RESOLVIED. thatlhe slgnafure of any Vice+Pre'iiden1. As..i"lan! Secretar~. and Resident Asw.tant Sc.:retary of Ihis Corpnration. and the "iealof lhl'
Corporation may be affhed or pnnted on an~ po'-'"er of allorney. lln any re\OCallOn llf any po'-'"er of altorne~. or on any cerlificale relating theret(l. tl~
fal~slmile. and any po'-'"er of attorne~. any revocatIOn of any pO\l.er llf <lllUme\. Ot ..:ertdkate heaTIng 'iuch faCSImile ..ignalure or fa..:..imile ..eal 'ihall he
\'alid and binding upon the Corporation ..
and ils.:orporate seal to be hereunto affixed this
I~I WITNESS WHEREOF, FIRBtA:""S FL'ND INSLRA"CF cml?A""
21st
ha, ..:au,ed the..e pre,ent'i h) tle ..igned h~ It... \"ice.Pre...idenl.
da\ of
November
]~ 83
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snn OF CALIFORNIA.
Mi.
cnn AND C01'NTY OF SAN FRANCISCO
21st November 83 Richard Williams
On lhis da~ of 19 _ . l:1~'!lH<.' m<.' rcr..t1nalh ~'anlL'
to me lna...,n. 'Aho. being b~ me dul~ w.orn. Jid depo_e Jnd -a~ lhal he I- \h.:e-Pre-ldent 01 t IRt\I...."S FL '0 ['SLR.\....CE CO\,p.,...." Ih<.' Cl)r.
porallon dcs.:ribed in and ~hich executed lhe at-o\e m'>lrumenl; that h<.' lnO\h the _eal "f .aid Cl'rpl1rallon: lhal the ..eal aff"cJ III lhe 'alJ In_lruml'lll
is such .:orporale ~ea1: thaI it ....a~ so affixed b\ ordcr of th~' Board of Dlr,'dOh of ....lid C..HP\H<.ltll1n and lhal he -I!?-Iled hi' nam" (her"l.., 1:1\ Ill" Md.:r
I~~ WITNESS WHEREOF. 1 ha\e hereunto ..el m~ hand and affi\cd m~ offi~.lal ..eal. Ihe da~ and ~caT herem fir"l abcHe '\Tinen
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: . OFFICIAL SEAL !
I 6\ SUSIE K.. GILBERT i
I ~... ~ NOTAlY PllllIC . CAlIFORNIA I
- . em . cowm Of SAIl fUHCISCO
I My CommISSion expires Noy 17 198.4
lu...HI............ .11 - I
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""'l~n Pur-h,
CERTIFICATE
STHE Of CALlFOR'IlIA.
C1in A'IlD C01''IlT\' OF SAN fR,~NCISCO
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I. the undersigned, Resident Assistant Se..:relan of
CERTIFY I;hal the foregoing and allached PO\\ ER OF
SI:cllons 30 and 31 of lhe By-lay, ~ of lhe Corporal ion,
force.
FIRE\l,....VS f-L'\D l....SL R,....'CE CO\IP-\.....Y. J C....L IfOR'IA ("orp\lralion, DO HEREin
-\TTOR'l' r-:mJln- In lull tor..:c anJ ha_ Il(ll h(t'll re\t1led: and furlherm\lre !hat -\nj~'le \'111.
and lhf' Re,..llullon ot lhe Board ("II LJlTeCll1h. ..el t\Hlh In the Pl1"er l11 ....ll(1rnc~. are no\\ III
Signed and sealed at Ih: City and CounlY of San Fran":II,':o. Oall.'d lhe
17th
UJ\ 01
February
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R..._"Jenl "",,"lan[ S~,;r\'I.H'
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FIREMANS FUND
INSURANCE COMPANIES
777 San j\'\arin Drive
P.O. Box 777
Novato, California 94998
THE AMERICAN INSURANCE COMPANY Telephone (415) 899-2000
SUMMARY FINANCIAL STATEMENT - DECEMBER 31, 1982
(As Filed with Insurance Department of the St,ote of California)
ASSETS::
*Government Bonds
*State and Municipal Bonds
*Miscellaneous Bonds
+Stockn
Cash ill Banks and Company's Office
Accrued Interest
Premiums in Course of Collection and Other Assets
Total Assets
1 12 ,831 ,422.26
559,695,964.44
1,009,294.62
216,117,753.68
50,693.28
14,993,710.12
186 473 302.29
1991 :172 :140.69
!::IABILITlES, SURPLUS AND OTHER FUNDS:
Loss and Loss Expense Reserve
Unearned Premium Reserve
All Other Claims, Demands and Reserves
Total Liabilities
1547,657,818.12
206,832,986.57
24,378,876.49
778,869,681.18
Capital Paid-up
Net Surplus
, Policyholder's Surplus
Total Capital, Surplus and Reserves
1 10,501,770.00
201 ,800,689.51
212 302 ,459.51
1991 :172 .140.69
*Bonds are stated at Amortized Values
+Stockn are stated at Market Values
State of California )
ss'
Cj~ty and County of San Francisco) .
1" Richard Williams, Vice President of The American Insurance Company, do hereby certify
that the above is a true statement of the assets and liabilities of said Corporation
all of December 31, 1982, taken from the books and records of said Corporation.
~~~ tk\\~
Richard Williams, Vice President
State of California )
CHy and County of San Francisco)
ss:
Subscribed and sworn before me, a Notary Public of the State of California, in the
CHy and County of San Francisco, this 17th day of February, 1983.
~/ A
"Y<rC<,<>--<::-<'--~ ? ..-C~~/
'~otary Public of California
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CORPORATION ACKNOWLEDGMENT OF PRINCIPAL
County of
New York
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)
St:ate of
New York
On the ' 17th day of February in the yeal: 1984 before me,
personally came J. B. McNamara to me known, who, being
by me duly sworn, did depose and say that he resides in
NE:w York City, NY that he is the Corporate Secretary of the
HATZEL & BUEHLER, INC _ ; the corporation described in and
which executed the above instrument: that he kne,~ the seal of said
corporation; that the seal affixed to said instrument was s,uch
corporate'.seal;that it was so affixed by order to the Boar of D~tors
of said corporation, and that he signed his n~e thereto. Y. iktr~ '
NOTARY PUBLIC
IT ,- .r.r J'. ?,t:s~c_. , Tort.
Nota7{ f\'.~''''-':<"'~:-",<;'\Or), ~
;\!,o, ,;, -"- o.~ \. County
Qualified in~e',~ ~~b. 301 l~
'Ct)mmi.931on Expue ...
SURETY ACKNOWLEDGMENT
S'cate of New York)
) ss.:
County of Nassau )
On this 17th day ot February in .the year 1984, before me
personally appeared WlLuam ::;paar, Jr. with whom I am personally
acquainted, who, being by me duly sworn, did depose and say:
That he resides at Nutley, New Jersey , that he is the
Attorney-iii-Fact of The American Insurance Company, the corporation
described in and which executed tpe foregoing instrument; that he
knows the corporate seal of said corporation; that the seal thereto
affixed is such corporate seal;that it was so affixed by order of the
Board of Directors, and that he signed his name thereto by like order.
AlAN G. IAN" ~ C~ '~Y-
~ Pubfic. St,'e of New Vorl. NOTARY PUBLIC
No. 24-4379320
.._ _ 9"~"f1ed", King, COUijty .-/
-.o'on Ex\>i,.. Man:I1 30, IllS..)
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HOLZMACHER, McLENDON and MURRELL. P,C,' CONSULTING ENGINEERS, ENV
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y. 11747 . 516-752,9060
July 3, 1984
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold. New York 11971
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Supervisor Murphy:
I am enclosing a copy of a press release on the groundbreaking
ceremony for the Southold Scavenger Waste Treatment project.
I have also enclosed a list of the papers that we have already
submitted a copy of this release to.
Please contact me if you have any questions regarding the
enclosed.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
/~~
Gary E. Loesch, P.E.
Orig.
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Enclosures
Co~iGS
T.e.
T.B.
Alty. ) lJ ftJ
Adg, Date
File
Melville, New York. Farmingdale, New York. Riverhead, New York
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For Further Information:
Ellen Kelly:. 752-9060
For Release: July 2, 1984
CONSTRUCTION BEGUN ON TREATMENT PLANT
Southold Supervisor Francis J. Murphy and Village of Greenport
Trustee William Lieblein turned the first shovels of earth today to
mark the start of construction on the innovative Southold Scavenger
Waste Treatment Facility. The plant, designed by consulting engi-
neers H2M/Holzmacher, McLendon and Murrell, P.C., will be among the
first such facilities in the United States designed to treat scav-
enger waste. The pretreated effluent will receive further treatment
at the Greenport Sewage Treatment Plant (S.T.P.) and be discharged
to Long Island Sound. The plant is to be loc,3.ted adjacent to the
Village of Greenport S.T.P.
Scavenger waste, waste pumped from cesspools and septic tanks,
presents a major treatment problem because of its extremely high
strength, which can be 20-25 times stronger than typical sewage.
The new plant will employ biological and chemical processes to
tr,eat the waste.
Southold, like other East End towns, has been directed by New
York State to end the practice of dumping untreated scavenger wastes
at landfills. The leaching of pollutants from these landfills poses
a .threat to public and private water supply wells. The need for
such a plant was confirmed in a federally funded Wastewater Facil-
ities Planning Study (known as a "201" Study) conducted by H2M to
evaluate existing and future wastewater management needs on the
No:rth Fork. Because of its use of "innovative and alternative"
technology, the $2.5 million facility qualified for 92.5% federal
and state funding.
Other participants in the groundbreaking ceremony included
Assemblyman Joseph Sawicki: Southold Town Board members Joseph
T01NIlsend, Jr., James Schondebare and Jean Cochran; Village of
Gr.~enport Trustee David Kapell; Raymond Dean, Superintendent of
Public Works: Robert Tasker, Esq., Town Attorney: James McMahon,
TOl.m Community Development Supervisor: James Monsell, Superinten-
dent of Utilities: John Spohn, Utility Department: William
Gillooly, Village Community Development Supervisor: Jack
Coughlin, Village Treasurer: Nancy Cook, Village Clerk; Dick
Walkden, Plant Operator; H2M Vice President Harold Dombeck and
Assistant Vice President Gary Loesch: and Gino Ferrante and
Brian Sheahan, Ferran Concrete Company, Inc.
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~Oi.z~~~H~R. M~~EN-DON ~nd MURRELL, p,c . CONSULTING ENGINEERS, NvrOiNHrOJ,1.S0~d LANNERS
125 BAYLIS ROAD. SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060
Hl\ND DELIVERED
June 27, 1984
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
Contract No.2: Heating, Ventilation & Air Conditioning
Contract No.3: Plumbing
Contract No.4: Electrical
C36-1120 (SOHT 83-02)
Dear Supervisor Murphy:
Enclosed are six (6) copies of the plans and specifications for
Contract Nos. 2, 3 and 4 for the above referenced project, which
should be used to conform the contract.
We suggest that distr'ibution, after signing, be as follows:
1. Town of Southold (2 copies)
2. Village of Greenport
3. Contractor
4_ Holzmacher, McLendon & Murrell, P.C. (2 copies)
We have also included one (1) copy of the contract for each of
the three contracts which should be forwarded to Mr. Robert C.
Knizek, P.E., (NYSDEC) after signing, as requested in his
June 19, 1984 letter to your office.
If any questions arise, please contact our office at 752-9060.
V,,,ry truly yours,
HOLZMACHER, McLENDON
& MURRELL, P.C.
1/rig.
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George W. Desmarais, P.E.
C~pjfS
U:.
T.R. Atty.
Gl^lD: mad
Enclosures
Adg_ Dale
file
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cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Rlverhead, New York
.
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HOLZMACHER, McLENDON and MURRELL, P.C, . CONSULTING ENGINEERS, ENYIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD. SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060 _ ____..,
r,=n)' rr,'r;:tJ r;;' "" /ff"'" :.:--'1
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June 25,1984 L____h"___ .,
TOWN OF S,UJ,;,(.:.:.-J i
Supervisor Francis J" Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
Contract No.1: General Construction & Mechanical Work
C36-1120
SORT 83-02
Dear Supervisor Murphy:
I have enclosed one (1) copy of the General Construction and
Mechanical Work contract for the above referenced project.
This copy should be conformed with the desicjn plans and spec-
ifications previously forwarded to your office. This copy
should then be forwarded to Mr. Robert C. K''li zek, P. E. ,
(NYSDEC), as requested in his June 19, 1984 letter to your
office.
The six (6) sets of conformed plans and specifications, along
with the additional copy of the contract for Contract Nos. 2,
3 and 4 will be forwarded under separate cover to your office
shortly.
If any questions arise concerning the above, please contact
our office at 752-9060.
Very truly yours,
HOLZMACHER, ,~\cLENDON & MURRELL, P. C.
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George W. Desmarais, P.E.
GWD:mad
Enclosure
ce: Robert W. Tasker, Esq.
Melville, New York. Farmingdale. New York. Riverhead, New York
.
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s..aiuJ 1>LANNtRS
HOLZMACHER, McLENDON and MURRELL. P,C, . CONSULTING ENGINEERS, ENVIRC
125 BAYLIS ROAD. SUITE 140. MELVILLE. N,Y, 11747' 516-752-9060
HP,ND DELIVERED
June 22, 1984
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re:
Southold
Contract
C36-l120
Scavenger Waste
No.1: General
(SOHT 83-02)
Project
Construction & Mechanical Work
Dear Supervisor Murphy:
Enclosed are six (6) copies of the plans and specifications for
Contract No.1, General Construction and Mechanical Work, for
the above referenced project, which should be used to conform
the contract.
We suggest that distribution, after signing, oe as follows:
1. Town of Southold (2 copies)
2. Village of Greenport
3. Contractor
4. Holzmacher, McLendon & M'Jrrell, P.C.
(2 copies)
We will forward copies of the plans and specifications for Con-
tract Nos. 2, 3 and 4 for the project shortly. If any questions
arise, please contact our office at 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
.-<~~ .J1II. .&~
George W. Desmarais, P.E.
GWD: mad
Enclosures
ce: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead. New "York
.
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A RESOLUTION AUTHORIZING THE SUPERVISOR TO PREPARE AND SUBMIT A
MBE/WBE POLICY STATEMENT OF UTILIZATION PLAN AND DESIGNATE MBE/WBE
OFFI CER.
RESOLUTION - JUNE 19, 1984
WHEREAS, NYSDEC Office of Affirmative Action requires MBE/WBE participation
as part of the Southold Scavenger Waste Project (Federal Project No. C-36-11201.
and
WHEREAS, it is the intent of the Town of Southold to conform with this program
in order to meet Federal and New York State requirements,
NOW, THEREFORE, BE IT RESOLVED that the Town Board of the Town of Southold
di rects and authorizes:
THAT the Supervisor of the Town of Southold shall submit an executed
MBE/WBE policy statement and utilization plan to NYSDEC, and
THAT the Supervisor shall designate Mr. James McMahon as MBE/WBE
officer, and
THAT a certified copy of this resolution shall be submitted to NYSDEC.
...
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HOLZMA(;_HER. McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060
June 14, 1984
To all Attendees of Pre-Construction Conference
Re: Town of Southold
Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Gentlemen:
Enclosed please find a copy of the attendance list and minutes
of the pre-construction conference of June 8, 1984, for the
above referenced project.
If any questions arise regarding the enclosed, please contact
our office at (516) 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
/-I!~cl/', ~~
George W. Desmarais, P.E.
GWD:mad
Enclosures
Mel~ille, New York. Farmingdale, New York. Riverhead, New York
.'
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Hm HOLZMACHER. McLENDON & MURRELL. P.C,
SOUTHOLD SCAVENGER WASTE TREATMENT FACILITY
PRE-CONSTRUCTION CONFERENCE
June 8, 1984
Mr. Loesch of H2M indicated that the purpose of the meeting
was to discuss the administrative requirements and procedures to
be followed, and overall project coordination.
Mr. Loesch distributed an attendance sheet and an outline of
items to be discussed (copies attached) and inquired as to the
status of signing of contracts. Supervisor Murphy indicated that
awards on Contract Nos. 1, 3 and 4 were made at the June 5, 1984
Town Board meeting and letters will be sent out to contractors.
Contract No.2 had previously been awarded. Bob Tasker, Esq.
inquired about approval of increase in the Tm'ln I s bonding capa-
city by the New York State Department of Audit and Control. Mr.
Loesch stated that he would contact Sheila Gordon, Esq. for con-
firmation and advise Southold accordingly. (:~r. Loesch was noti-
fied by Sheila Gordon that the order was executed by the State
Comptroller on June 5, 1984. Mr. Tasker's office was notified of
this date on June 11, 1984.)
H2M has tentatively assigned the following individuals to
this project:
Gary E. Loesch, P.E. - Project Director
George W. Desmarais, P.E. - Resident Engineer
Mr. Desmarais indicated that work schedules by contractors
mu.st be submitted prior to commencing construction and should be
updated monthly. Mr. Desmarais indicated that a list of subcon-
tractors and materialmen must be submitted for approval prior to
conunmencing work, and that Certification of Non-Segregated Faci-
lities (CNSF) forms should be submitted by all subcontractors
whose subcontracts exceed $10,000. Mr. Desmarais also indicated
that a schedule of values showing a breakdown of labor, materials
and equipment must be submitted prior to the first partial payment
becoming due.
Mr. Desmarais requested the names and phone numbers of two
authorized personnel from each contractor who could be reached in
case of an emergency. It was also requested that each contractor
submit a list of personnel authorized to execute payment'applica-
tions and change orders, and the names of their resident superin-
tendents/foremen on the job. Mr. Desmarais indicated that the
General Construction Contractor (Ferran) is responsible for over-
all coordination of the job, and that monthly job meetings will
be held either at the project site or at H2M's Melville 6ffice.
Work schedules should be updated monthly and should be submitted
t"70 days prior to monthly job meetings.
-1-
,
,
.
.
t-t>>t HOLZMACHER. McLENDON & MURRELL. P.C,
Mr. Desmarais said that the contractors should obtain all
permits necessary to complete the work. Mr_ Spohn advised Mr.
Sheahan of the telephone number for the person to contact at
the Village for the building permit application.
Mr. Desmarais said that the General Contractor will be
required to supply all survey and layout work on the project.
Mr. Desmarais stated that the Electrical Contractor will
provide a 200-amp temporary electrical service in the buildings.
Each contractor must provide for his own temporary power for
their service prior to erection of the buildings. He stated
that water used for construction would have to be procured from
the Village of Greenport water system.
Mr. Desmarais stated that the contractors shall provide
temporary sheds if required for equipment storage, and that use
of the Village of Greenport STP would not be allowed for storage.
Mr. Desmarais also stated that the site should be kept clean,
and that parking of workers' vehicles should be only in areas
designated by the Resident Engineer. He stat,ed that access to
the STP must be allowed at all times for deliveries. He said
that the operations of the Greenport Sewage 'I'reatment Facility
should not be interrupted, and that any connection to existing
treatment works must be coordinated with the engineer and STP
operator.
Mr. Desmarais indicated that the General Contractor should
provide a Portosan, and that a telephone should be available for
use by the Engineer, along with an Engineer's office. He stated
that use of existing facilities, telephone and bathrooms will not
b,~ permitted.
Mr. Desmarais outlined the shop drawing submittal procedures
to be followed by the contractors. He stated that five (5) sets
of shop drawings would be required, and that H2M would begin re-
viewing any shop drawings submitted by the contractors. Mr.
Desmarais indicated that, prior to the start of the actual con-
st.ruction, shop drawings should be forwarded to the Melville
office of H2M. After the Engineer's office is established at.
the site, the contractors could forward the sho'p drawings direct-
ly to the field office for review.
Mr. Davis outlined the requirements of MBE and WBE participa-
tion as established by the Affirmative Action Office. Mr. Davis
indicated that a 10% MBE and 2% WBE goal would be enforced. Mr.
Davis stated that the Town, as the grantee, ~Tas required to in-
sure that the contractors fulfill the requirements of the program.
He indicated that the Town must submit a policy statement immedi-
-2-
\
.
.
ti~ HOLZMACHER. McLENDON & MURRELL. P.C.
ately and that the contractors must submit a MBE/WBE utilization
plan within 15 days of award of contract. Mr. Loesch stated that
H2M would assist the Town in preparing the policy statement. Each
ul:ilization plan should be submitted to the Town, and will then be
forwarded by the Town to Mr. Davis for his review and approval.
Mr. Davis stated that the Town may elect to withhold up to 12% of
a progress payment to a contractor if the TOvm believes that the
contractor is not in compliance with the progTam requirements.
Mr. Davis indicated that only MBE/WBE firms approved by the New
York State Department of Commerce would be accepted. He stated
that suppliers can only fill up to 25% of the MBE/WBE goal, and
that manufacturers and contractors can fill up to 100% of the
MBE/WBE goal.
Mr. Loesch stated that no construction work at the site is
to commence until contracts are signed and authorization to pro-
ceed is given. Messrs. Desmarais, Ferrante, Sheahan, Spohn,
Licata, Zeltmann, Doremus, Pagani and Valentine agreed to meet
a1: the site after the meeting to discuss the location of the
trailers and access to the site.
Supervisor Murphy, Attorney Bob Tasker, Esq., and Messrs.
Loesch and Davis agreed to confer after the meeting to discuss
the status of Southold's MBE/WBE program. The preliminary MBE/
WBE utilization plan prepared by H2M was provided to the Town.
All parties discussed designation of a MBE/WBE officer, and Mr.
McMahon was tentatively identified as the officer, subject to
Town Board Resolution. Mr. McMahon was asked to join the
meeting, and was informed of the role of the MBE/WBE officer.
The meeting was adjourned.
-3-
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.
.
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
PRECONSTRUCTION CONFERENCE
June 8, 1984
10::00 A.M.
Southold Town Hall
C36-1120 (SOHT 83-02)
Attendance List
Name
Affiliation
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.
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
PRECONSTRUCTION CONFERENCE
June 8, 1984
10:00 A.M.
Southold Town Hall
C36-1120 (SOHT 83-02)
Attendance List
Name
Affiliation
1. Frank J. Murphy
Supervisor" Town of Southold
2. Raoul A. Davis
NYSDEC, Affirmative Action Office
3. Egidio Ferrante
Ferran Concrete Co., Inc.
4. P. Brian Sheahan
Ferran Concrete Co., Inc.
5. Robert W. Tasker, Esq.
Town Attorney
6. Raymond C. Dean
Superintendent of Highways
7. John C. Spohn
Village of Greenport
8. George W. Desmarais, P.E.
H2M
9. Gary E. Loesch, P.E.
H2M
10. John A. Licata, P.E.
NYSDEC
11. Ray Zeltmann
NYSDEC
12. William H. Doremus
James McCullagh Co., Inc.
13. Richard Pagani
Valentine Heating & Air Cond., Inc.
14. John Valentine
Valentine Heating & Air Cond., Inc.
15. James McMahon
Town of Southold, Community Development
.
.
~S
Town Hall, 53095 Main Road
P,O, Box 728
SOLI thold, New York 11971
TELEPHONE
(516) 765-1801
Jl:lJITIIT TERRY
TOl,VN CLFRI\.
IHC:ISTR:\R 01' VITAL S 1\ liS 1,[('S
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 11. 1984
E9idio Ferrante. President
Ferran Concrete co.. Inc.
93 Allen Boulevard
Farmingdale. New York 11735
Dear Mr. Ferrante:
Please be advised that the Town Board of the 10wn cf Southold accepted
your bid for Contracl No.1, General Construction and Mechanical Work, for
the Scavenger Waste Treatment Facility, Wastewater Disposal District, Town of
Southold at a regular meeting held on June 5, 1984. The Board's resolution
reads as follows:
"RESOLVED that the Town Board of the Town of Southold hereby accepts
the bid of Ferran Concrete Co., Inc., in the amount of $1.957,000.00 for
Contract No. 1 - General Construction and Mechanical Work. for the Scavenger
Waste Treatment Facility. Wastewater Disposal District, Town of Southold. Federal
pmject No. C36-112Q-03. This is a Lump Sum Contract and includes all work,
labor and lI'aterials required by the Contract Drawings, Information to Bidders.
General Conditions, Specifications or other", ise required for the proper completion
of the Contract, and be it further
RESOLVED that Supervisor Francis J. I\!.urphy be and he hereby is authorized
and directed to enter into a contract with Ferran Concrete Co.. I nc. for the
afiJresaid work under Contract No. 1 - General Construction and Mechanical Work,
for the Scavenger Waste Treatment Facility."
Very truly YOUlrs,
~ CE' ..----' ../
~ ~ -~
/( ~ /". L /<-'''';;r--
Judith T. Terry
Southold Town Clerk
cc: Gary Loesch
Holzmacher. McLer.don & Murrell, P.C.
.
.
Town Hall, 53095 Main Road
P,O, Box 728
SOllthold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T. TERRY
Tow:\ CU:RK
REGISTRAR m VITAL SI \ liS IICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 11, 1984
William H. Doremus. Vice-President
James McCullagh Co., J nc.
75 East Bethpage Road
Plainview. New York 11803
Dear Mr. Doremus:
Please be advised that the Town Board of the Town of Soutr.old accept
your bid for Contract No. 3 - Plumbing, for the Scavenger Waste Treatment
Facility, Wastewater DisJ:osal District, Town of Southold, at a regular meetin9
held on June 5, 1984. The Board's resolution reads as follows:
"RESOLVED that the Town Board of the Town of Southold hereby accepts
thE' tic! of James McCullagh Co.. Inc., in the amount of $29,400.00 for Contract
No.3 - Plumbing, for the Scavenger Waste Treatment Facility, Wastewater
Disposal District, Town of Southold, Federal Project No. C36-1120-03. This
is a l.ump Sum Contract and includes all work, labor and materials required by
the Contract Drawings, Information to Bidders, Generall Conditions, Specifications
or otherwise required for the proper completion of the Contract, and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized
and directed to enter into a contract with James McCullagh Co., J nc. for the afore-
said work under Contract No. 3 - Plumbing, for the Scavenger Waste Treatment
Facility. "
Very truly yours,
d ,/7 J -----<.-------'
V~CiOf.. ~ "c ~c:-~ z cr---
Judith T. Terry
Southold Town Clerk
cc: Gary Loesch
Holzmacher. McLendon & Murrell, P.C.
.
.
Jlj[)1T11 T. TFRRY
Tm'."?\ Cu.J{!":
RFCISTRAR or VITAL SI\ liS IKS
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
June 11. 1984
Andrew McDowell. Presidert
McDowell Electric Corp.
P. O. Box 216, Edwards Avenue
Calverton, New Yo~k 11933
Dear Mr. McDowell:
Please be advised that the Town Board of the Town of Southold accepted
YOL,r bid for Contract No. 4 - Electrical, for the Scavenger Waste Treatment
Facility, Wastewaster District, Town cf Southold, at a I~egular meetin9 held on
June 5, 1984. The Board's resolution reads as follows:
"RESOLVED that the Town Board of the Town of Southold hereby accepts
thE! bid of McDowell Electric Corp., in the amount of $97,797.00 for Contract No.
4. Electrical, for the Scavenger Waste Treatment Facility, Wastewater Disposal
District, Town of Southold, Federal Project No. C36-112Q-03. This is a Lump
Sum Contract and includes all work, labor ana materials required by the Contract
Drawings, Information to Bidders, General Conditions, Specifications or otherv.ise
required for the proper completion of the Contract. am] be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby is authorized
and directed to enter into a contract with McDowell Electric CorJ:. for the aforesaid
wOlrk under Contract No.4 - Electrical, for the Scavenger Waste Treatment Facility."
Very truly YOurs,
~dd~..7''-~~
Jt;dith T. Terry
Southold Town Clerk
cc: Gary Loesch
Holzmacher, McLendon & Murrell, P.C.
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.
.
I~OLZMACHER, McLENDON and MURRELL, p,C,. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516-752-9060
RECEiVED
;June 1, 1984
J'JN 51984
low" Clerk Southo/d
Supervisor Francis J. Murphy
'rown of Southold
!,3095 Main Road
Southold, New York 11971
He: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Supervisor Murphy:
Since the low bidders on Contract Nos. 1, 3 and 4 have indicated
1:hat they will hold their bids until June 9, 1984, we recommend
that the Town Board award the contracts following the June 5th
Public Hearing on increasing the bonding capacity.
'rhe Board should send award letters prior to June 9, 1984, ad-
vising the contractors of the award and indicating a date for
contract signing. If Contract No.2 has not: yet been executed,
,John Valentine should be advised of the cont:ract signing date.
In setting the date, bear in mind that the contractors must
:oecure their insurances prior to execution of the contract.
'rhese requirements are more explicitly described in the contract
documents previously provided to Robert Tasker, Esq., and your
office.
In my absence, Mr. Dennis Kelleher, P.E., oj' our office will
contact you on June 4, 1984, to see if you have any questions
on the above.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
Gary E. Loesch, P.E.
GEL:mad
cc: Robert Tasker, Esq.
Judi th Terry, Town Clerk +-,,,,0",,...
""etvlUe, New York. Farmlngdale, New York. Riverhead. New Yo.'k
.
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HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747. 516-752-9060
May 25, 1984
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Supervisor Murphy:
Per our telephone conversation, the preconstruction con-
ference for the above referenced project has been scheduled
for Friday, June 8, 1984, at 10:00 A.M.
Should any questions arise concerning the above, please
contact Mr. Dennis Kelleher, P.E., or me a1: 752-9060.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C."
//~ /~~
Gary E. Loesch, P.E.
~o---~-
At!~.
t.,~,;.
[:;:3_
/;)1f:J
File
GEL/mad
cc: Robert W. Tasker, Esq.
Mr. Raymond C. Dean, Highway Superintendent
Melville, New York. Farmingdale. New York. Riverhead, New York
.
Ie
ESTABLISHED 191 S
!lames 511cCu!lagh CO.. !lnc.
:::P1umbinq and ~ttechan;cal Contlaciol'
, ~'~
, ;1
, 'l
1 ~
75 EAST SETHPAGE ROAD
PLAINVIEW, NEW YORK 1 1803
::,Phone (5,6) 29.3.8800
\, \, MA't' 2 9 \984
~\1L-,,'.
TOWN OF SOUlli'"...:..::..._,
May 25, 1984
Supervisor Francis J. Murphy
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Re: ~outhpld Scavenger Waste Project
Contract No.3: Plumbing
C36-1120 (~OHT 83-02)
Dear Supervisor Murphy:
Please refer to our letter dated March 15, 1984 (copy attached)
wherei.n we extended the date of award for the subject project
from April 6, 1984 to May 25, 1984. We now advise you that we
will. further extend the award date, at no additional cost, to
June: 9, 1984.
We trust that the above is satisfactory and that an award of
contract can be executed within this new time frame.
Very truly yours,
Jame.s McCullagh Co., Inc.
By \---..)
William H.
'S~~
Doremus, Vice President
WHD:wh
Encl.
cc: H2M
.
ganzes :J1;icCullagh C~., !inc.
.
ESTABUSHEO 1918
~,Plu",l"nq and :MechanICal Dnt'acto',
75 EAST BETHPAGE ROAD
PLAINVIEW, NEW YORK 1 1803
~one (5,6) "93.8800
March 15, 1984
Supervisor Francis J. Murphy
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
Contract No.3: Plumbing
C36-1120 (SOHT 83-02)
Dear Supervisor Murphy:
This is to advise you that we are willing to extend our bid at no
additional cost to the Town in the amount of ~~29,400. This exten-
sion is for a period of 45 days, as requested, from April 6, 1984
to May 25, 1984.
If there are any questions concerning the abo'le matter, please
contact the Writer.
Very truly yours,
James McCullagh Co., Inc.
By
lNilliam H. Doremus, Vice President
wmh
.
.
McDOWELL ELECTRIC CORPORATION
P,O. BOX 216, EDWARDS AVENUE
CALVERTON. NEW YORK 11933
516-727-7272
ANDREW McDOWELL
PRESIDENT
May 22, 1984
Supervisor Francis J. Murphy
Southold Town Hall
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
Contract No.4
Dear Sir,
Please accept this letter as our confirma-
tion to extend our contract price for the above
job, at no additional cost to the Town of Southold,
until June 11, 1984.
Very truly yours,
MoDOWELL E~~PORATION
Andrew McDowell'
President
AM:by
.
?~~e,.., 'lite.
.
93 ALLEN BLVD.
FARMINGDALE, N. Y. 11735
AREA CODE 516 - 249-4975
AREA CODE ~ 516 - 249-5737
May 18, 1984
Supervisor Francis J. Murphy
Town Hall
53095 Main Road
Southold, N.Y. 11971
Irrrlr-.~ (kJ~_USfh rn1n,
d,::i! ,
lu~! MAY 2 j 004_~1
G~ OF SOUT'- __ DJ
Attention: Mr. Francis J. Murphy
Re: Southold Scavenger Waste Project
Contract No. 1 - General Construction
and Mechanical Work
C-36-1120 (SOHT 83-02)
Gentlemen:
By this letter we agree to extend our bid proposal
until June 9, 1984 as per our discussion with Mr.
Dennis Kelleher of Holzmacher, McLendon and Murrell,
P.C., at no additional cost to the Town of Southold.
However, we do so with the understanding -that there
will be a project "Kick-off" Meeting within the
ensuing 2-1/2 weeks, and that construction will start
immediately thereafter.
Please keep us closely informed as to the status of
the Town's situation on this project.
Very truly yours,
FERRAN CONCRETE CO., INC.
"'~~'~-~"
// idio Ferrante
President
EF:km
cc: G. Loesch - H2M
D. Kelleher - H2M
13. Sheahan - Ferran
L. Murdock - Ferran
.
.
Il>>t
HOLZMACHER, McLENDON and MURRELL, P,C,' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516-752.9060
May 11, 1984
Mr. Gary Kline
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Mr. Kline:
We are enclosing two (2) copies of the following documents
for your records:
1. Contract No.2 - Heating, Ventilation & Air Conditioning
a) Performance Bond Information Form
b) Certification of Non-Segregated Facilities
c) Certification by Bidder Regarding Equal Employment
Opportunity
2. Bid tabulation sheets for all four contracts.
Should you have any further questions regarding the above,
please contact me at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
h/~<
Gar~E. Loesch, P.E.
GEL:mad
Enclosures
cc: Supervisor Francis J. Murphy+-""c",,'"
Robert W. Tasker, Esq.
Mel~i1le. Ne.. Vork. Farmiogdale. New York. Rverhead, New York
... . .-
.
.
JlIDITl1 T TERRY
T()\\,'N CLFRI\:
RECISTRAR or VITAL ST\ 11:-; I'lCS
Town Hall, 53095 Main Road
P,O, Box 728
SOllthold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 5, 198~1
Mr. John F. Valentine, President
Valentine Heating & Air Conditionin9 Corp.
500 Route 25A, P. O. Box AU
Miller Place, New York 11764
Dear Mr. Valentine:
Supervisor Murphy is in receipt of your letter of April 3, 1984
indicating you are unable to extend your bid on the Southold Scavenger
Waste Project. Contract No. 2 HV AC for an additional 45 days.
Please be advised that the Town Board of the Town of Southold
,accepted your bid for the aforesaid Contract No. 2 at a meetin9 held
on April 4, 1984. The Board's resolution reads as follows:
"RESOLVED that the Town Board of the Town of Southold hereby
accepts the bid of Valentine Heating & Air Conditioning. Inc., P. O.
Box A U. 500 Route 25A, Miller Place, New York 11764. in the amount
of $19.565.00, for Contract No.2 - Heating, Ventilation & Air Condit-
ioning. Scavenger Waste Treatment Facility, Wastewater Disposal District.
Town of Southold, Federal Project No. C36-1120-()3. This is a Lump Sum
Contr,act and includes all work, labor and materials required by the
Contract Drawings, Information for Bidders, General Conditions, Specif-
ications or otherwise required for the proper completion of the Contract,
and be it further
RESOLVED that Supervisor Francis J. Murphy be and he hereby
is authorized and directed to enter into a contract with Valentine Heating
& Air Conditioning, Inc. for the aforesaid work under Contract No.2 -
Heating, Ventilation & Air Conditioning. Scavenger Waste Treatment
Fad lity."
Very truly yours,
, L2 Ve{4!..~::0;-:;C;t---
G~~") (J'
Judith T. Terry
Southold Town Clerk
cc: Gary Loesch
Holzmacher, McLendon & Murrell, P.C.
.'
.
.
~alentim ~eating & ~ir Olnnbithtning, Olnrp.
~~
ACcA
-: ~~_"J?;, ~
5DO ROUTE 25A <<_~ / p,O, BOX AU
MIllER PLACE, NEW YORK 11764
(516) 473-2500
April 3, 1984
-""~~ --,-...-,-.-.... ~-~,.
f'
i
Town of SOllthold
Town Hall
53095 Main Road
SOllthold, NY 11971
APR - 5 !')8:
;\..;.
! h.. .
l_"..--._.__
Attn: SlIpervisor Francis J. Murphy
Re: Southold Scavenger Waste Project
Contract No" 2 HVAC No. C36-1120
Dear Mr. MlIrphy:
At the reqllest of Mr. Loesch of Holzmacher,
McLendon and Murrell, this is to advise that we are unable
to extend ollr bid for an additional 45 days. DlIe to t.he
time element, our price guarantees from the manufacturers
on our equipment are no longer in effect.
Therefore, we would need an additional 20%
increase over and above our base bid.
Kindly advise our office of the Town's decision.
Very truly yours,
~~~EN~I7 H~:; &/I!CO~N~_~_~d
'1410: 'i / ,,,. DA./ ... ---
John F. Valentine, res.
JFV:nl
/? ./ ~ h' "">IV ~/S-;X'4 .-
(~Q,1';f lS'.v/"-Z ty c .:/,AC'o/c-t:/ . "'P(" / "/ c ('1!T
Co c
.
~
FOGARTY ELECTRIC & REFRIGERATION CO.
COMMERCIAL AND INDUSTRIAL H, V, A C CONTRACTORS
ENt'RGY MANAGEMENT CONSULTANTS
BOX 1000 SOUND AVENUE - MATTITUCK, lONG ISLAND, NEW YORK 11952
(516) 298-8410
April 5, 1984
Supervisor Francis J. Murphy
Southold Town Hall
Ma:ln Road
Southold, N.Y. 11971
: r'-~-;::._'-:;' --: -" "'----- --.
,,' ~ ~ 1
i ~ ) , ; ,
,
'I
API? - 5 CJSI!
Dear Supervisor Murphy,
,
J 4 ~ ~
'>_~M~~~":':.~~_". ,:,. ',"~: _i 1 i, ~'"D
_._"'~-""'--~'-"'-;
,
Regarding the Southold Town Scavenger Waste Treatment
Facility Contract No.2, Heating, Ventilation & Air Conditlon-
ing; please be advised that 1 extend my Bid and all terms thereof
for an additional 45 days as of this date, to May 25, 1984.
Very truly yours,
dJ~(j~d.
Daniel A. Fogarty, Jr
CCI Mr. Gary Loesch
Holzmacher, McLendon and Murrel1 P.C.
OAF/ace
.
.
.lllllllll II [{I!\'
] ()w:..; ('I I IU;.
RI.qSlI<...\R 01 \'11 \1 ,\1 \ 11\[ i('S
TOWlllIall. 53095 Main Road
P,O, Box 728
SOlltllOld, New York 11971
TELEPHONF
1516) 765-[801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 5. 198~
Re: Town of Southold
Wastewater Disposal District
Scavenger Waste Treatment Facility
SOHT 82-06
Returned herewith is your deposit for returned Pllans and Specifications
for the above captioned Project:
Bidder - Full Refund - 1 set
2 sets -
4 sets -
$100.00__
$200.00__
$400.00__
Non-Bidder - One-Half Refund - set $ 50.00
2 sets - $100.00
A ," ~~
. cca!cdcY- L7c.?>f"+~:;::.----
~udith T. Terry (J
Southold Town Clerk
.
.
JlI11ITII I II'RRY
Towl-.J CII.!{h.
1{]'(;ISrR.\!{ OJ, \"11\1 \1 \II\II('S
Town Hall, 53095 Main Road
P,O, Box 728
SOllthold, New York 11971
TELEPHQNF
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 5, 198!1
Re: Town of Southold
Wastewater Disposal District
Scavenger Waste Treatment Facility
SOHT 82-06
Returned herewith is your deposit for returned Plans and Specifications
for the above captioned Project:
Bidder - Full Refund - 1 set $100.00__
2 sets - $200.00__
4 sets - $400.00________
Non-Bidder - One-Half Refund - 1 set
2 sets -
$ 50.00
$100.00
A '/l ./T--"~---/
ccd!az/c:7 'L/~?-7~-
~udith T. Terry
Southold Town Clerk
.
.
April 5, 198LI
Re: Town of Southold
Wastewater Disposal District
Scavenger Waste Treatment Facility
SOHT 82-06
Returned herewith is your deposit for returned Plans and Specifications
for the above captioned Project:
Bidder - Full Refund - 1 set $100.00__
2 sets - $200.00
--
4 sets - $400.00
--
Non-Bidder - One-Half Refund - set $ 50.00
--
2 sets - $100.00
~'/ ~ /1.>, :~
y,Ct'?/ {'{;(, ..:/. L~('/ ? ~:/.
, ~udith T. Terry""
Southold Town Clerk
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
'~~~
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Town Hall, 53095 Main Road
P.O, Box 728
Southo1d, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 4, 19114
Re:
Mrs. Joan Richter, Account Clerk
Judith T. Terry, Town Clerk f0'
Deposits for Plans and Specifications
Bid on Southold Scavenger Waste Project
To:
From:
Please issue checks to the following individuals, and submit to me for mailing,
who are entitled to refunds for return of Plans and Specifications on the above
captioned project:
The following bidders returned Plans and Specifications within 10 days of the
bid date, and are entitled to a full refund of $1 00. OC~, with the exceptions as
noted:
Contract No.1
Ferran Concrete - 2 sets - $200.00
Bensin Contracting - 4 sets - $400.00
Bancker Construction
Contract No.2
Valentine Heating & Air Conditioning
Cioffi & Scanzano Plumbing & Heating
Fogarty Electric
Contract No.3
Vinco Plumbing
M. J. Flood
James McCullagh Co., Inc.
Contract No.4
Deleon Electrical
Hinck Electric
Northgate Electrical Corp.
Commander Electric
McComb Electric
McDowell Electric
Hatzel & Buehler, Inc.
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Page 2 - Mrs. Joan Richter, Account Clerk
.
The following non-bidders returned Plans and Specifications within 10 days of the
bid'date, and are entitled to one-half refund of $50.00! with the exceptions as
noted:
Water Bladykas - 2 sets - $100.00
Smith McCord - 2 sets - $100.00
J. F. O'Healy Construction
Mainline Electric
ARA Plumbing & Heating
Michael Duff, Inc.
Burde Associates
Concrete Bar Services
Tasco Associates
Primiano Construction
BIF
Bendlin DuHamel
Brown's Letters - 2 sets - $100.00
Citnalta Construction
Muirfield Contracting
Latham Sand & Gravel
Sal C. Prato
* * * * * * * * * * * * * * * * * * * * * * * * *
The following deposits for Plans and Specifications Wel"e received by the
Town Clerk's Office:
$100.00 - January
$500.00 - February
$4400.00 - April (From Holzmacher, McLendon & Murrell, P.C.)
$5000.00 - Total
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HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIFlONMENTAL SCIENTISTS and PLANNERS
, -.'.". ______ _.___.___.._._.___,____~.__ __._._ __"__.___ _"__ ',_.. nm._. "_
209 WEST MAIN STREET, RIVERHEAD, N,Y, 11901 .516-727-3480
RECEIVED
f...Pi{ 3 1234
March 30, 1984
Town C!,o,k Scul'hold
Mrs. Judith Terry,
Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Re: Town of Southold
Wastewater Disposal District
Scavenger Waste Treatment
Facility
SOHT 82-06
Dear Mrs. Terry:
With regard to the above referenced project, enclosed
please find checks made payable to the Town of Southold
covering a deposit for One-hundred ($100.00) Dollars
per set of plans and specifications by the following:
Ferran Concrete
Check #4823 - $100.00
Ferran Concrete
Check #4846 - $100.00
Bensin Contracting
Check #14038 - $100.00
Bensin Contracting
Check #14154 - $100.00
Bancker Construction
Check #14145 - $100.00
Valentine Heating & Air Conditioning
Check #280 - $100.00
Bensin Contracting
Check #14139 - $100.00
vinco Plumbing
Check #1109 - $100.00
M.J. Flood
Check #22870 - $100.00
James McCullagh Co., Inc.
Check #9328 - $100.00
Bensin Contracting
Check #14059 - $100.00
Delcon Electrical Contractors
Check #2689 - $100.00
Hinck Electrical Contractors
Check #14833 - $100.00
Northgate Electric Corp.
Check #17893 - $100.00
Commander Electric, Inc.
Check #13345 - $100.00
Ellsworth L. McComb Electric, Inc.
Check #3462 - $100.00
Melville. New York - Farmingdale. New York . Riverhead, New YOI'k
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Mrs. Judith Terry
March 30, 1984
Page -2-
Hatzel & Buehler, Inc.
Check #0923 - $100.00
Walter Bladykas, Inc.
Check #2917 - $200.00
Smith McCord
Check #4907 - $100.00
Smith McCord
Check #4994 - $100.00
J.F. O'Healy
Check #1599 - $100.00
Mainline Electric
H2M Check #24543 - $100.00
ARA Plumbing & Heating
Check #3046 - $100.00
Michael Duff, Inc.
Check #005134 - $100.00
Burde Associates
Check #12328 - $200.00
Concrete Bar Service Bureau
Check #16212 - $100.00
Tasco Associates
Check #2578 - $100.00
Primiano Consl:ruction
H2M Check #24:;44 - $100.00
BIF
Check #5164 - $100.00
Bendlin Duhamel
Check #938 - $100.00
Citnalta Construction and
cioffi & Scanzano, Plumbing
Check #417 - $200.00
Muirfield Conl:racting
H2M Check #24545 - $100.00
M.D. Fogarty Associates
Check #1098 - $100.00
Eug-Rac, Inc.
Check #449 - $100.00
Eug-Rac, Inc.
Check #418 - $300.00
James McCullaugh Co.
Check #9368 - $100.00
Cold Spring Concrete Corp.
Check #1903 - $100.00
Gombert Indusl:ries
Check #10466 - $100.00
Morse-McCormack, Inc.
Check #13746 - $100.00
Also, enclosed please find copy of memo from Gary Loesch
indicating how to refund the bid deposits for the above
contractors.
.'
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Itl~~\
Mrs. Judith Terry
March 30, 1984
Page -3-
If you should have any questions regarding the above
information, please do not hesitate to contact the undersigned.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
#~jfNaQL
Lu Anne Hall
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RECEIVED
A2i~ 31984
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FROM:
LuANNE HALL
GARY LOESCH ~~
MARCH 21, 1984
10'11" Cl.:~:k- t:;c'.dhoLj
.MEMO TO:
.
DATE:
SUBJECT: SOUTHOLD SCAVENGER WASTE PROJECT
SOHT 83-02
1. The following bidders returned Plans and Specifications within 10
days of the bid date, and are entitled to a full refund of $100.,
with the exceptions noted.
Contract No. 1
-Ferran Concrete, 93 Allen Blvd., Farmingdale, NY 11735 (2 sets, $200)
~Bensin Contracting, 92 Terry Road, Smithtown, NY 11787 (2 sets, $200)
--Bancker Construction, 67 Orchard Street, Manhasset, NY 11030
Contract No. 2
--Valentine Heating & A.C., 500 Rte. 25A, Miller Place, NY 11764
-*Bensin Contracting, 92 Terry Road, Smithtown, NY 11787
--Cioffi & Scanzano Plumbing & Heating, 2784 Grand Ave., Bellmore,
NY 11710
--Fogarty Electric, Mattituck, NY 11952
Contract No. 3
--Vinco Plumbing, 2693 Middle Country Road, Centereach, NY 11720
--M.J. Flood, 252 Islip Avenue, Islip, NY 11751
__James McCullagh Co., Inc., 75 E. Bethpage Road, Plainview, NY 11803
--"'Bensin Contracting, 92 Terry Road, Smithtown, NY 11787
Contract No. 4
~Delcon Electrical, 39 Mary Pitkin Path, Shoreham, NY 11786
__Hinck Electric, 17 Fordham Road, West Babylon, NY 11704
--'Northgate Electrical Corp., 63 Depot Road, Huntington Sta., NY 11746
--Commander Electric, 50 N. penataquit Avenue, Bay Shore, NY 11706
___McComb Electric, 276 Lindberg Street, W. Hempstead, NY 11552
___McDowell Electric, P.o. Box 216, Calverton, NY 11931
~ohnson Electrical, 263 Calebs Path, Hauppauge, NY 11788
___Hatzel & Buehler, Inc., 26 Sarah Drive, Farmingdale, NY 11735
~ensin ~hould receive a total refund of $400 for 4 sets.
~eturned full refund of $100.00 on 3/27/84-
2. The following non-bidder returned Plans and specifications within
2 days, and is entitled to a full refund of $100.
8 Carl Caristo General Contrac-ting, 1080 Grand Avenue,
South Hempstead, NY 11550 (returned refund on 2/7/84)
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MEMO TO: LuANNE HALL
MARCH 21, 1984
PAGE TWO
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3. The following non-bidders returned Plans and Specifications
within 10 days of the bid date, and are entitled to a half
refund of $50., with the exceptions noted.
~Walter Bladykas, Box 334, Kings Park, NY 11754 (2 sets - $100)
--Smith McCord, 145 Route 109, W. Babylon, NY 11704 (2 sets - $100)
___J.F. O'Healy Construction, 347 McConnel Avenue, Bayport, NY 11705
___Mainline Electric, 16 Charles Street, Hickpville, NY 11801
~ARA Plumbing & Heating, 2182 Jackson Avenue, Seaford, NY 11783
~'Michael Duff, Inc., 14 Seabro Avenue, N. Amityville, NY 11701
____Burde Associates, P.O. Box 247, Paramus, NJ 07652 (1st set)
__Concrete Bar Service, 120 West 41st Street, New York, NY 10036
--Tasco Associates, P.O. Box 815, Butler,NJ 07405
__Primiano Construction, 595 W. HartsdaleAve., White Plains, NY 10607
___BIF, P.O. Box 217, W. Warwick, RI 02893
--Bendlin DuHamel, 94 Valley Road, Montclair, NJ 07402
___Brown's Letters, 163 Stuyvesant Ave., Lyndhurst, NJ 07071 (2 sets-$100)
___CitNalta Construction, 2171 Jericho Turnpike, Commack, NY 11725
---Muirfield Contracting, 16 Heath Place, Garden City, NY 11530
~Latham Sand & Gravel, Main Road, Orient, NY, 11957
~Sal C. Prato, Box 208, Greenport, NY 11944
4. The following non-bidders are to receive r:o rpfllnn nf thp.ir deposits.
M.D. Fogarty'Associates
Eug Rae, Inc. (4 sets)
James McCullagh Co. (1 set,
Contract No.1)
Burde Associates (2nd set)
Cold Spring Concrete Corp."
Gombert Industries
Morse McCormack
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Bid Opening: February 21, 1984
Brown's Letters, Inc.--Returned Bid Specs & Plans for' Contract 1 & 2 on 2/21/84.
Paid Town Clerk $100. Oo-Contract 1 &$100. OO-Contract 2.
Non-Bidder--should receive $50.0o-Contract 1 & $50.00-Contract 2.
Muirfield Contracting--Returned Specs & Plas for Contract 1 on 2/22/84.
Paid H2M $100. Oo-Contract 1.
Non-Bidder--should receive $50.00-refund-Contr'act 1
Sal Prato, Electrician--Returned Bid Specs & Plans for Conttract 2 on 2/22/84.
Paid Town Clerk $100.00-Contract 2.
Non-Bidder--should receive $50.00 refund-Contract 2.
Latham Sand & Gravel--Returned Bid Specs & Plans fOlr Contract 1 on 2/24/84.
Paid Town Clerk $100.00-Contract 1
Non-Bidder--should -receive $50.00-refund-Contract 1.
Commander Electric, Inc.--Returned Plans only for Contract 2 on 2/23/84.
Paid H2M $100.0o-Contract 2.
Bidder--should receive $100.00 refund-Contract 2.
Citnalta Construction Corp.--Returned Bid Specs & Plans for COntract 1 on 2/27/84.
Paid H2M $100. OO-Contract 1.
Non-Bidder--should receive $50.00-refund-Contract 1.
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SCAVENGER WASTE TREATMENT FACILITY BID - February 21, 1984
Bid Bonds being held:
Ferran Concrete Co., Inc.
Sensin Contracting Inc.
Bancker Construction Corp.
Valentine Heating and Air Conditioning, Inc.
Cioffi & Scanzano Plumbing & Heating Corp.
Bensin Contracting Inc.
Daniel A. Fogarty d/b/a Fogarty Electric
James McCullagh Co., Inc.
Vinco Plumbing Corp.
Bensin Contracting Inc.
M. J. Flood, Inc.
McDowell Electric Corp.
Johnson Electrical Construction Corp.
Hinck Electrical Contractor Inc.
Commander Electric, Inc.
Northgate Electric Corp.
Deleon Electrical Contractors, Inc.
Ellsworth L. McComb Electrical Contracting, Inc.
Hatzel & Buehler, Inc.
.
.
.
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STYllSTICS
Town Hal!, 53095 Main Road
P.O, Box 728
Southo1d, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 4, 19811
Re:
Mrs. Joan Richter, Account Clerk
Judith T. Terry, Town Clerk f0'
Deposits for Plans and Specifications
Bid on Southold Scavenger Waste Project
To:
From:
Please issue checks to the following individuals, and submit to me for mailing,
who are entitled to refunds for return of Plans and Specifications on the above
captioned project:
The following bidders returned Plans and Specifications within 10 days of the
bid date. and are entitled to a full refund of $100.00, with the exceptions as
noted:
Contract No.1
Ferran Concrete - 2 sets - $200.00
Bensin Contracting - 4 sets - $400.00
Bancker Construction
Contract No.2
Valentine Heating & Air Conditioning
Cioffi & Scanzano Plumbing & Heating
Fogarty Electric
Contract No.3
Vinto Plumbing
M. J. Flood
James McCullagh Co., Inc.
Contract No.4
Delcon Electrical
Hinck Electric
Northgate Electrical Corp.
Commander Electric'
McComb Electric
McDowell Electric
Hatzel & Buehler, Inc.
.,
Page 2 - Mrs. Joan Ri.er, Account Clerk
.
The following non-bidders returned Plans and Specifications within 10 days of the
bid'date, and are entitled to one-half refund of $50.00., with the exceptions as
noted:
Water Bladykas - 2 sets - $100.00
Smith McCord - 2 sets - $100.00
J. F. O'Healy Construction
Mainline Electric
ARA Plumbing & Heating
Michael Duff, Inc.
Burde Associates
Concrete Bar Services
Tasco Associates
Primiano Construction
BIF
Bendlin DuHamel
Brown's Letters - 2 sets - $100.00
Citnalta Construction
Mui rfield Contracting
Latham Sand & Gravel
Sal C. Prato
* * * * * * * * * * * * * * * * * * * * * * * * *
The following deposits for Plans and Specifications were received by the
Town Clerk's Office:
$100.00 - January
$500.00 - February
$4400.00 - Apri I (From Holzmacher, McLendon & Murrell, P. C.)
$5000.00 - Total
.
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SCAVENGER WASTE TREATMENT FACILITY BID - February 21. 1984
Bid Bonds being held:
Ferran Concrete Co., Inc.
Bensin Contracting Inc.
Bancker Construction Corp.
Valentine Heating and Air Conditioning, Inc.
Cioffi & Scanzano Plumbing & Heating Corp.
Bensin Contracting Inc.
Daniel A. Fogarty d/b/a Fogarty Electric
James McCullagh Co.. Inc.
Vinco Plumbing Corp.
Bensin Contracting Inc.
M. J. Flood, Inc.
McDowell Electric Corp.
Johnson Electrical Construction Corp.
Hinck Electrical Contractor Inc.
Commander Electric, Inc.
Northgate Electric Corp.
Delcon Electrical Contractors, Inc.
Ellsworth L. McComb Electrical Contracting, Inc.
HatzeI & Buehler, Inc.
1,
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TOWN CLERK
TOWN OF SOUTHOLD
Suffolk CounlJ'. New York 516 . 765.1801
/~6co. 60
onditioning
Cash
tors
Hinck Electrical Contractors
Check #14833 - $100.00
Northgate Electric Corp.
Check #17893 - $100.00
Commander Electric, Inc.
Check #13345 - $100.00
------ - _______n__. - --n.-----.J
Check #417 - $200.00
Ellsworth L. McComb Electric, Inc.
Check #3462 - $100.00
----- ~................ lT~'-"-' y........."...._
M.D. Fogarty Associates
Check #1098 - $100.00
Eug-Rac, Inc.
Check #449 - $100.00
Eug-Rac, Inc.
Check #418 - $300.00
James McCullaugh Co.
Check #9368 - $100.00
Cold Spring Concrete Corp.
Check #1903 - $100.00
Gombert Industries
Check #10466 - $100.00
Morse-McCormack, Inc.
Check #13746 - $100.00
~
'.
Ferran Concrete
Check #4823 - $100.00
Bensin Contracting
Check #14038 - $100.00
Bancker Construction
Check #14145 - $100.00
Bensin Contracting
Check #14139 - $100.00
M.J. Flood
Check #22870 - $100.00
Bensin Contracting
Check #14059 - $100.00
Hinck Electrical Contractors
Check #14833 - $100.00
Commander Electric, Inc.
Check #13345 - $100.00
Check #417 - $200.00
M.D. Fogarty Associates
Check #1098 - $100.00
Eug-Rac, Inc.
Check #418 - $300.00
Cold Spring Concrete Corp.
Check #1903 - $100.00
Morse-McCormack, Inc.
Check #13746 - $100.00
.
Ferran Concrete
Check #4846 - $100.00
Bensin Contracting
Check #14154 - $100.00
Valentine Heating & Air Conditioning
Check #280 - $100.00
Vinco Plumbing
Check #1109 - $100.00
James McCullagh Co., Inc.
Check #9328 - $100.00
Delcon Electrical Contractors
Check #2689 - $100.00
Northgate Electric Corp.
Check #17893 - $100.00
Ellsworth L. McComb Electric, Inc.
Check #3462 - $100.00
Eug-Rac, Inc.
Check #449 - $100.00
James McCullaugh Co.
Check #9368 - $100.00
Gombert Industries
Check #10466 - $100.00
Hatzel & Buehler, Inc.
Check #0923 - $100.00
Smith McCord
Check #4907 - $100.00
J.F. O'Healy
Check #1599 - $100.00
ARA Plumbing & Heating
Check #3046 - $100.00
Burde Associates
Check #12328 - $200.00
Tasco Associates
Check #2578 $100.00
BIF
Check #5164 - $100.00
Citnalta Construction and
cioffi & Scanzano Plumbing
Check #417 - $200.00
M.D. Fogarty Associates
Check #1098 - $100.00
Eug-Rac, Inc.
Check #418 - $300.00
Cold Spring Concrete Corp.
Check #1903 - $100.00
Morse-McCormack, Inc.
Check #13746 - $100.00
Walter Bladykas, Inc.
Check #2917 - $200.00
Smith McCord
Check #4994 - $100.00
- ]
Mainline Electric
H2M Check G4543 - $100.00
Michael Duff, Inc.
Check #005134 - $100.00
Concrete Bar Service Bureau
Check #16212 - $100.00
Primiano Construction
H2M Check #24544 - $100.00
Bendlin Duhamel
Check #938 - $100.00
Muirfield Contracting
H2M Check #24545 - $100.00
Eug-Rac, Inc.
Check #449 - $100.00
James McCullaugh Co.
Check #9368 - $100.00
Gombert Industries
Check #10466 - $100.00
..<
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HOLZMACHER, McLENDON and MURRELL, PC, . CONSULTING ENGINEERS, ENVIF:ONMENTAL SCIENTISTS and PLANNERS
209 WEST MAIN STREET, RIVERHEAD, N,Y, 11901 .516-727-3480
RECEIVED
APit 3 'S84
March 30, 1984
Town Clerk Southold
Mrs. Judith Terry,
Town Clerk
Southold Town Hall
Main Road
Southold, New York 11971
Re: Town of Southold
Wastewat<~r Disposal District
Scavenger Waste Treatment
Facility
SOHT 82-()6
Dear Mrs. Terry:
With regard to the above referenced project, enclosed
please find checks made payable to the Town of Southold
covering a deposit for One-hundred ($100.00) Dollars
per set of plans and specifications by the fOllowing:
Ferran Concrete
Check #4823 - $100.00
Ferran Concre'te
Check #4846 - $100.00
Bensin Contracting
Check #14038 - $100.00
Bensin Contracting
Check #14154 - $100.00
Bancker Construction
Check #14145 - $100.00
Valentine Hea'ting & Air Conditioning
Check #280 - $100.00
Bensin Contracting
Check #14139 - $100.00
Vinco Plumbinq
Check #1109 - $100.00
M.J. Flood
Check #22870 - $100.00
James McCullaqh Co., Inc.
Check #9328 - $100.00
Bensin Contracting
Check #14059 - $100.00
Delcon Electrical Contractors
Check #2689 - $100.00
Hinck Electrical Contractors
Check #14833 - $100.00
Northgate Electric Corp.
Check #17893 - $100.00
Commander Electric, Inc.
Check #13345 - $100.00
Ellsworth L. !~cComb Electric, Inc.
Check #3462 - $100.00
Melville. New York. Farmingdale, New York. Riverhead. New Yorl<
"
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Ittl,~'
Mrs. Judith Terry
March 30, 1984
Page -2-
Hatzel & Buehler, Inc.
Check #0923 - $100.00
Walter Bladykas, Inc.
Check #2917 - $200.00
Smith McCord
Check #4907 - $100.00
Smith McCord
Check #4994 - $100.00
J.F. O'Healy
Check #1599 - $100.00
Mainline Electric
H2M Check #24543 - $100.00
ARA Plumbing & Heating
Check #3046 - $100.00
Michael Duff, Inc.
Check #005134 - $100.00
Burde Associates
Check #12328 - $200.00
Concrete Bar Service Bureau
Check #16212 - $100.00
Tasco Associates
Check #2578 - $100.00
Primiano Const,ruction
H2M Check #24544 - $100.00
BIF
Check #5164 - $100.00
Bendlin Duhamel
Check #938 - $100.00
Citnalta Construction and
Cioffi & Scanzano Plumbing
Check #417 - $200.00
Muirfield Cont,racting
H2M Check #24545 - $100.00
M.D. Fogarty Associates
Check #1098 - $100.00
Eug-Rac, Inc.
Check #449 - $100.00
Eug-Rac, Inc.
Check #418 - $300.00
James McCullaugh Co.
Check #9368 - $100.00
Cold Spring Concrete Corp.
Check #1903 - $100.00
Gombert Indust,ries
Check #10466 - $100.00
Morse-McCormack, Inc.
Check #13746 - $100.00
Also, enclosed please find copy of memo from Gary Loesch
indicating how to refund the bid deposits for the above
contractors.
.
.
I~t~~~'
Mrs. Judith Terry
March 30, 1984
Page -3-
If you should have any questions regarding the above
information, please do not hesitate to conta,ct the undersigned.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
,~t. 'C)~J~NQCL
Lu Anne Hall
lah
encs.
~..fl~
.
~
.,' ';:
RECEIVED
.
FROM:
LuANNE HALL
GARY LOESCH ~/
MARCH 21, 1984
APR 31184
MEMO TO:
Town CI~,k Southold
.
DATE:
SUBJECT: SOUTHOLD SCAVENGER WASTE PROJECT
SOHT 83-02
1. The following bidders returned Plans and Specifications within 10
days of the bid date, and are entitled to a full refund of $100.,
with the exceptions noted.
Contract No. 1
Ferran Concrete, 93 Allen Blvd., Farmingdale, NY 11735 (2 sets, $200)
*Bensin Contracting, 92 Terry Road, Smithtown, NY 11787 (2 sets, $200)
Bancker Construction, 67 Orchard Street, Manhasset, NY 11030
Contract No. 2
Valentine Heating & A.C., 500 Rte. 25A, Miller Place, NY 11764
*Bensin Contracting, 92 Terry Road, Smithtown, NY 11787
Cioffi & Scanzano Plumbing & Heating, 2784 Grand Ave., Bellmore,
NY 11710
Fogarty Electric, Mattituck, NY 11952
Contract No. 3
Vinco Plumbing, 2693 Middle Country Road, Centereach, NY 11720
M.J. Flood, 252 Islip Avenue, Islip, NY 11751
James McCullagh Co., Inc., 75 E. Bethpage Hoad, Plainview, NY 11803
*Bensin Contracting, 92 Terry Road, Smithtmm, NY 11787
Contract No. 4
Delcon Electrical, 39 Mary Pitkin Path, Shoreham, NY 11786
Hinck Electric, 17 Fordham Hoad, West Babylon, NY 11704
Northgate Electrical Corp., 63 Depot Road, Huntington Sta., NY 11746
Commander Electric, 50 N. penataquit Avenue, Bay Shore, NY 11706
McComb Electric, 276 Lindberg Street, W. Hempstead, NY 11552
McDowell Electric, P.O. Box 216, Calverton" NY 11931
**Johnson Electrical, 263 Calebs Path, Hauppauge, NY 11788
Hat'zel & Buehler, Inc., 26 Sarah Drive, Farmingdale, NY 11735
*Bensin should receive a total refund of $400 for 4 sets.
**Returned full refund of $100.00 on 3/27/84.
2. The following non-bidder returned Plans and Spec'ifications within
2 days, and is entitled to a full refund of $100.
-
- Carl Caristo General Contracting, 1080 Grand Avenue,
South Hempstead, NY 11550 (returned refund on 2/7/84)
, .
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MEMO TO:
MARCH 21,
PAGE TWO
LuANNE HALL
1984
.
3. The following non-bidders returned Plans and Specifications
within 10 days of the bid date, and are entitled to a half
refund of $50., with the exceptions noted.
Walter Bladykas, Box 334, Kings Park, NY 11754 (2 sets - $100)
Smith McCord, 145 Route 109, W. Babylon, NY 11704 (2 sets - $100)
J.F. O'Healy Construction, 347 McConnel Av'=nue, Bayport, NY 11705
Mainline Electric, 16 Charles Street, Hicksville, NY 11801
ARA Plumbing & Heating, 2182 Jackson Avenue, Seaford, NY 11783
Michael Duff, Inc., 14 Seabro Avenue, N. ~nityville, NY 11701
Burde Associates, P.O. Box 247, Paramus, NJ 07652 (1st set)
Concrete Bar Service, 120 West 41st Street, New York, NY 10036
Tasco Associates, P.O. Box 815, Butler, NJ 07405
Primiano Construction, 595 W. Hartsdale Ave., White Plains, NY 10607
BIF, P.O. Box 217, W. Warwick, RI 02893
Bendlin DuHamel, 94 Valley Road, Montclair, NJ 07402
Brown's Letters, 163 Stuyvesant Ave., Lyndhurst, NJ 07071 (2 sets-$lOO)
CitNalta Construction, 2171 Jericho Turnpike, Commack, NY 11725
Muirfield Contracting, 16 Heath Place, Garden City, NY 11530
Latham Sand & Gravel, Main Road, Orient, NY: 11957
Sal C. Prato, Box 208, Greenport, NY 11944
4. The following non-bidders are to receive no refund of their deposits.
M.D. Fogarty Associates
Eug Rac, Inc. (4 sets)
James McCullagh Co. (1 set,
Contract No.1)
Burde Associates (2nd set)
Cold Spring Concrete Corp."
Gombert Industries
Morse McCormack
GEL/mad
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Bid Opening: February 21, 1984
Brown's Letters. Inc.--Returned Bid Specs & Plans foy' Contract 1 & 2 on 2/21/84.
Paid Town Clerk $100. OO-Contract 1 & $100. OO-Contract 2.
Non-Bidder--should receive $50.0D-Contract 1 & $50.00-Contract 2.
Muirfield Contracting--Returned Specs & Plas for Contl"act 1 on 2/22/84.
Paid H2M $100. OD-Contract 1-
Non-Bidder--should receive $50.00-refund-Contract 1
Sal Prato, Electrician--Returned Bid Specs & Plans for Conttract 2 on 2/22/84.
Paid Town Clerk $100.00-Contract 2.
Non-Bidder--should receive $50.00 refund-Contract 2.
Latham Sand & Gravel--Returned Bid Specs & Plans for' Contract 1 on 2/24/84.
Paid Town Clerk $100. OO-Contract 1
Non-Bidder--should receive $50.00-refund-Contract 1.
Commander Electric, Inc.--Returned Plans only for Contract 2 on 2/23/84.
Paid H2M $100. OD-Contract 2.
Bidder--should receive $100.00 refund-Contract 2.
Citnalta Construction Corp.--Returned Bid Specs & Plans for COntract 1 on 2/27/84.
Paid H2M $100.00-Contract 1-
Non-Bidder--should receive $50.00-refund-Contract 1.
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HClLZMACHER, McLENDON and MURRELL, PC, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
209 WEST MAIN STREET, RIVERHEAD, N,Y, 11901 . 516-727-3480
.
RECeiVED
MAR 2 8 1984
March 27, 1984
TPIfJI C!f!rII SOUfIlold
Johnson Electrical Construction
263 Caleb's Path
Hauppauge, New York 11788-4789
Re: Town of Southold
Wastewater Disposal District
Scavenger Waste Treatment
Facility
Contract #4 - Electrical
SOHT 82-06
Gentlemen:
With regard to the above-referenced project, enclosed ,
'-please find your check #10514, in the amounl: of One-hundred'
. ($100.00) Dollars, representing your deposit for plans and
specifications.
If you should have any questions regarding same, please:
feel free to contact the undersigned.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
Sl .
Lu dnne Hall
lah
enc.
cc: Town of Southold
Melville, New York; . Farmmgdll1e. New York. RII/ernead. New Yorlt
"
.
..
HOLZMACHER, McLENDON and MURRELL, P,C,. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y. 11747.516-752-9060
-.~_c_~,,~~.
March 14, 1984
,
I
!i
Ii
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t)
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
! u ~~ toe ~".~.___m.. .-l' j
I TO,'.;" G:~ SCUTHC;lD I
~-~'--"-~'--
,
u,
'<'f."
Atty.
Re:
Southold Scavenger Waste Project
C36-1120 (SOHT 83-02)
!.:],. C~~3_
--
I ,{?/- t:l
Dear Supervisor Murphy:
Fi!e
Pursuant to our telephone conversation and your request, we con-
tacted the following contractors with regard to the above refer-
enced project:
J.F. O'Healy Construction Corp., Bayport, NY (Town of Islip)
Chapman-Apex Associates, Bay Shore, NY (Town of Islip)
Jonwal Construction Corp., St. James & Lake Ronkonkoma,
NY (Towns of Smithtown & Brookhaven)
Of the three contractors, only J.F. O'Healy Construction Corp.
picked up plans and specifications. J.F. O'Healy was contacted by
our office the week of January 23-27, 1984, and indicated that they
would pick up plans and specifications. They did not pick up until
February 9th, and returned the set on February 17, 1984. Their
reason for not bidding was insufficient time. It is noted that they
did not pick up until approximately 10-14 days after they were noti-
fied and three weeks after the project was advertised.
Chapman-Apex Associates were aware of the project, but
that their bonding capacity is limited to $1 million.
they did not submit a bid on this project.
indicated
Therefore,
In response to our inquiries, Jonwal Construction Corp. advised us
that they did not consider the project due t:o limited manpower and
equipment resources. They recently were low bidder on a project
which appears to be proceeding to contract. Therefore, they did
not have the resources to do both projects and, as a result, did
not bid the Southold project.
Lastly, as indicated by the addresses, each of the three contrac-
tors have their home offices on the West End.
Melville. New York. Farmingdale. New York. Riverhead, New York
.
,,?7~~
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.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 21, 1984
Mr. Gary Kline
N. Y . S. Department of
Envi ronmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Mr. Kline:
~..
Town Hall, 53095 Main Road
P.O, Box 728
SOllthold, New York 11971
TELEPHONE
(516) 765-1801
At the request of Gary Loesch, H2M, I am enclosing herewith
two copies of affidavits of publication concerning the above captioned
project from The Suffolk Times, The Long Island Traveler-Watchman,
and The New York Times.
Very truly yours,
c:::4-~ ~ ~r--
Judith T. Terry i/
Southold Town Clerk
.'
Enclosures
'cc: Gary Loesch
.
.
HOLZMACHER, McLENDON and MURRELL, P,C,' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516.752-9060
RECllVED
M~\Ri211984
Town CIeII( SouttioldM' h
arc 19, 1984
Ms. Judith Terry
Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Ms. Terry:
Please submit to NYSDEC (Attn: Mr. Gary Kline, NYSDEC, 50
Wolf Road, Albany, New York 12233) two copies of the notarized
affidavits of publication on the above referenced project for
both papers that the project was advertised in.
I would appreciate a copy of same for our files. Thank you
for your timely assistance.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~/~
Gary E. Loesch, P.E.
GEL/mad
cc: Supervisor Francis J. Murphy
Melville, New York. Farmingdale. New York. Riverhead, New YJrk
.
.
ESTABL.JSHEO 191 B
!}ames :JtcCullagh CO., !Inc.
illumhing and 5l1.echanical Cont~acMs
75 EAST 8ETHPAGE ROAD
PLAINVIEW, NEW YORK 11803
91Jone (5,6) 293.8800
March 15, 1984 MAR i 9 '~,'
Supervisor Francis J. Murphy
Town of Southold
Town Hall
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
Contract No.3: Plumbing
C36-1120 (SOHT 83-02)
Dear Supervisor Murphy:
This is to advise you that we are willing to extend our bid at no
additional cost to the Town in the amount of $29,400. This exten-
sion is for a period of 45 days, as requested, from April 6, 1984
to May 25, 1984.
If there are any questions concerning the above matter, please
contact the Writer.
Very truly yours,
James McCullagh Co., Inc.
BY~~ _/~,
William H. Doremus, Vice President
WlI\h
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McDOWELL ELECTRIC CORPORATION
P,O. BOX 216, EDWARDS AVENUE
CALVERTON. NEW YORK 11933
516-727-7272
ANDREW McDOWELL
PRESIDENT
March 15, 198L~
Supervisor Francis J. Murphy
Town Hall
53095 Main Road
Southold, New York 11971
MAR I 9 198.4
Attn: Francis J. Murphy
Re: Southold Scavenger Waste Project
Contract No.4
Dear Sir:
As per your letter of March 14, 1984, in reference to the
Southold Scavenger Waste Project requesting that we confirm
our bid offer for an additional 45 days.
This letter serves as your authorization for the extention
of 45 days at no additional cost to the town of Southold.
Very truly yours,
McDOWELL ELEC'l'RIC CORPORATION
~));~i!~
Andrew McDowell,
President
AM:by
cc: H2M
.
.
JUDlTll T, TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 15,1984
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road, Suite 140
Melville, New York 11747 Re: Southold Scavenger Waste Project
Dear Gary:
This is to confirm that the Southold Town Board at their regular
meeting held on March 13, 1984 adopted the following two resolutions
relative to the abovecaptioned project:
1. RESOLVED that the Town Board of the Town of Southold
hereby authorizes and directs Supervisor FrancisJ. Murphy
to send a letter to the New York State Department of
Environmental Conservation requesting their approval for
increases in the levels of Federal and New York State grants
for the Southold Scavenger Waste Project; specifically an
increase in Federal contribution to $2,101,762.00, and the
New York State contribution to $185,449.00, ;md be it further
RESOLVED that the Town Board authorizes and directs Super-
visor Murphy to execute a grant increase application with
reference to the aforesaid Southold Scavengei" Waste Project.
2. RESOLVED that the Town Board of the Town of Southold
hereby authorizes and directs Holzmacher, McLendon & '
Murrell, P.C. to communicate with, and seCUI"e from all of
the bidders on the Southold Scavenger Waste Project, a
forty-five (45) day extension from the bid expiration date
for the aforesaid project.
Very truly yours,
jh-C7~
Judith T. Terry
Southold Town Clerk
.
.
l-l~
HOLZMACHER, McLENDON and MURRELL, P,C,. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYliS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516.752-9060
RECEIVED
March 14, 1984
MAR 1 5 '004
Town Clerk Southold
Supervisor Francis J. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Supervisor Murphy:
As a result of yesterday's meeting, I am enclosing four copies
of the grant increase application (EPA Form 5700-32, pages 2,
9 and 11 of 19) for your signature, and a draft letter for your
use in submitting two executed copies to NYSDEC. Upon execution,
one of the remaining copies should be returned to our office and
the fourth copy retained by your office.
By copy of this letter, I am providing copies of same to Robert
Tasker, Esq. In response to Bob Tasker's comment, the local
share is estimated at $344,993., and should be rounded to
$350,000., as we suggested in our March 12, 1984 correspondence.
The total Federal and New York State shares of $2,101,762. and
$185,449., respectively, (which are contingent upon a grant in-
crease) should be added to the local share, resulting in a total
cost of $2,637,211. This figure is, therefore, the recommended
figure to be utilized by the Town for total bonding capacity on
the project.
Lastly, I am providing you with the pertinent figures regarding
the number of sets of plans and specifications that were picked
up by various contractors, suppliers, subcontractors and manufac-
turers. Approximately 50 sets were picked up by 40 firms. An
examination of the list for the General Construction and Mechani-
cal Work Contract indicates that the following contractors picked
up but did not bid:
1. J.F. O'Healy Construction, Bayport, New York
2. Walter Bladykas, Kings Park, New York
3. Smith-McCord, West Babylon, New York
4. CitNalta Construction, Commack, New York
5. Eug-Rac, Inc., Hauppauge, New York
Melville. New York. Farmingdale New York. Riverhead, New "ork
.
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Supervisor Francis J. Murphy
Town of Southold
March 14, 1984
Page Two
6. Muirfield Contracting, Garden City, New York
7. Carl Caristo General Contracting, South Hempstead, New York
These firms are in addition to the three Contractors that did submit
bids on Contract No.1.
Please contact me if any questions arise regarding the above.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~~~/
Gar~. Loesch, P.E.
GEL/mad
Enclosures
cc: Robert W. Tasker, Esq. (w/encls.)
Judith Terry (w/encls. ).--,,,.c,,,...
-,
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DRAFT
TOWN OF SOUTHOLD
Mr. Robert C. Knizek, P.E., Chief
Long Island Projects Section
Metropolitan Projects Bureau
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Dear Mr. Knizek:
Our consultant has reviewed the bids received on the above
referenced project, and has recommended that we proceed with
this project by awarding contracts to each of the low bidders.
The Town concurs with the recommendation and plans to proceed
accordingly, contingent upon the Town:
1. increasing its bonding capacity, and
2. receiving additional Federal and New York State aid.
The low bidders that we intend to award contracts to are in-
dicated below:
Contract No. Bidder Low Bid Amt.
1. Contract No. 1 : General Ferran Concrete $1,957,000
Construction & Mechanical Farmingdale, NY
Work
2 . Contract No. 2 : Heating, Valentine Heating 19,556
Ventilation & Air Cond- & Air Conditioning
itioning (HVAC) Miller Place, NY
3. Contract No. 3: Plumbing James McCullagh 29,400
Plainview, NY
4. Contract No. 4: Elec- McDowell Electric 97,797
trical Calverton, NY
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.
DRAFT
TOWN OF SOUTHOLD
Mr. Robert C. Knizek, P.E.
Page Two
Based on the above, we request your approval for increases in
the levels of Federal and New York State 9rants on this project.
Specifically, we request an increase in the Federal contribution
to $2,101,762; and the New York State contribution to $185,449.
Two copies of the grant increase application (EPA Form 5700-32,
pages 2, 9 and 11 of 19) are enclosed for your review and appro-
val. We would appreciate being advised of the availability and
timing of the requested grant increase, so that we may be able
to proceed with construction in an expedit:ious manner.
Thank you for your cooperation and assistance with regard to the
enclosed.
Very truly yours,
Francis J. Murphy
Supervisor, Town of Southold
cc: Robert W. Tasker, Esq.
Gary E. Loesch, P.E.
Gary Kline, NYSDEC
John Licata, P.E., NYSDEC
~
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PAR T I
CNISTRUCTlON GRMlT\ OR COOPoRATIV< AC.RfCHErlT\
(:ll.IeA"ppoo-.,"OOtO-FIO,8(j
.. NUMJ.t1 J. sun . f'otUMUI
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CANT'S (.I,no'"
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"'0.. . , .... . TOWN BOARD 6.
.........IP.O..... . 53095 MAIN ROAD "0. ~~
au",
~o., . SOUTHOLD .c-, . SUFFOLK It. Tm.t
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Fri,..'
. ". c-.-t '-- (N."", , 9\l;~F~~~~, ~~CIS J. MURPHY C.'1l/1>f,J Wastewater Treatment W
~ . "I"Iw-o. No.)
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WASTE PRETREATMENT c_......._ ~--,.....
I FACILITY - STEP 3 - USEPA ~- I_QoI...(Sp.trihJ:
5 GRANT INCREASE. D- c...-o, 'T'nwnc:;.'hip
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Town of Southo1d, New York .E~~m~~1"\ >-- ,--' P-- ~ Ell'" .~-w1I k",,.lA]
13, rtOP'OSfD fUNDING U. CONGlfUIQHAl OtSUICTS Of, U. TYrt Of CHANG! 'For 11 c., 11 tJ
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66' =:"~~'IA~~~,,:.e ,,84 3 13
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20. fIDUAl. ACEJ'oICY TO tEOrvl .fQutsT (."".M,. Cil1. Sull. Z/1 ~t) 121. """",<S ADO'O
USEPA, 26 Federal Plaza New York New Vnrl< , nnn7 ltl T" 0... ,
1 22. .. T_.... ~....,...~.,.J 1MoM(. .,. If r...,.:.....l "1 0..... Orca..&- A-9$ ...., ....,l'-'W... _" ............... .....- .. "".n. ~-
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'-'r .. ,... .............. ...4 .... .....--. 0 0
~ THAT ~ .........,.............~- 121 L.I. Regional Planning Board (see next
................. '" .."......Hl. '" page) 0 0
. LOAn s..c:.H!O
~ 22, ... nnD........I,v.tO m~ ".~TUU
ammHG Francis J. Murphy rN' -., ..,
If"'l. Supervisor "84 3 13
~ S(HUTTYl
24. AGENCY HANoI 2j. ArnJCA- rHo -., ..,
TION
IECEIVED If
,.. OtGAHIUTlOHAL UN" 27. ADMINlSTlATlVI OffICI 2.. flOllAl Art'UCATtOH
~ IDENTIfICATION
~ 2'f. Ar>Oaus )0. flDllAl GlANT
~ . 101r-nIPlCA TtON
V
! 'I. ACTlOH TA.J:IH ". fUHDING rH' -., .., )4, rN' .....'A '"
$T....ttHG
! 0.. AW....DID .. "DCUJ. . ~ .GO 3.3. ACTtON DATI .- If DATI 'If
o ... IlUICTID ...~ .GO )$. CONTACT fOl AOOITIOH,"L .....f()IJAA. >6, y", -., '"
o c. I(lUlHfD POI lION {N...~ ...J I#k~~ .1.""...." INDING
..ITAn .GO DATI ..
AMeNDMiNT ... lOCAL .GO n. IlMAlU AOOtD
! 04. DlPllltO .. 0""" .GO aT" 0-
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-
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"DIlAl AGeHCT ."...,......U.II'-~.................
A-U AC'1lOH
r
arks
.,..to,
I1AMOAIID rOMf." ""01 'I"" ..711
,....-17 OM. c_.... A.IOJ
PAC! 2 OF 19
,
.
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Form ApP,olrrd
O.~/B No. tJ8.R OJJ4
PART III - BUDGET INFORMATION - CONSTRUCTION
l'~CTION A - GENERAL
1, Federal Domestic Assistance Catalog No. ............. .. . . . .. 66.418
--
2. Functional or Other Breakout ............................
SECTION B - CALCULATION OF FEDERAL GRANT
U.. only for ,...Ii.lons/augmentatlon
Tot"
COtt Clusificati"n Lit.. Appro....d Adjunment Amount
Amount + or 1-) Rllquired
1, Adminiuration expense $ 3,000 $ 5,000 $ 8,000
2, Preliminary expense (design a11owance) 83,750 41,970 125.720
3, und structures, r;ght..of-w.y
<. ArchiteC1ur,1 enginuring basic fees 130,000 -- 130,000
5. Ott"ler .rchitectunll engineering fees
6. Project inspection 'HI
7. Lind development
8, RltlOCllion Ellr)tnses
9, Relocation p'yments to Individuals and Businesses
10, Demolition.nd 'eme....r
11, Comtruction .nd project improvement 1,365,000 738,753 2,103,753
12, ECluipment
13. Miscell.neous
14. Tot.1 (Lin.s 1 through 131 1,581,750 785,723 2,367,473
15, Euimate'd Income {if ~pp1ic~bltJ
16, Nett Project Amounl (Lint ,. minuI '5) 1 581 750 7B5 723 2 367.473
17, leu; Ineligible E _elusions
18, Add: Contingencies 13 6"0 en . "38 . "'~ , 00
19, TOI,I Project Amt. (Excluding Rth.bilit.tion Gr.nu) 1,595,400 877 . 261 2. 470 ~'"
20, Feder.1 Share rt'Quested of line 19 1,356,090 745 ~72 ? 1m ?C?
21. Add Rehabilitltion Gr.nu RrQuested 000 P"ctnt) -- -- --
22. TOI.1 F-tder.l gr.nl rrQunted (Lin. 20 & 21) 1,356,090 745,672 2,101,762
23, Gr.nan shart 119,655 (;5,795 185,450
2<. OIher shares (New York State) 119 655 65 794 185 449
25. Tot.1 project (Lintl 22, 23 & 2t1) $ 1,595,400 $ 877,261 $ 2,472,661
SEE ATTACHED PAGE
E PI. F.,,,, 5700_32 eR.... 10_79)
PAGE: t OF "
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F..:um Apprv.'tJ
0.\18 No. IJS.ROJJJ
.
SECTION C - EXCLUSIONS
Ineli9ibll lor Ellcludtd Irom
Cla.aifiution Participation ConlinSl'ncy P,o,,"ion
,. III 121
., S S
b.
c,
d,
.,
t,
.' To,al, S S
SECTION D -_PROPOSED METHOD OF fIN!lNCING NON.FEDERAL SHARE
27, Gr.ntee Share S
185 450
a. Securities -0-
b. Mortgages -0-
t. Appropriations CBy Applic.ann 1 R<; 4<;"
d. Bondi -0-
t. Tu Lltvies -"-
't. Non Cash -0-
g. Other IExplainl -0-
h. TOTAL - GranlU share 185,450
28. Orh.r Shans 185 449
'.5ute (New York State) 1R<; .1.1Q
b. Other -0-
C. Toul OIhet Share. -0-
29. TOTAL S 370,899
SECTION E - REMARKS
E'. '.,'"'5700_32 (R..... to_79) PART IV PROGRAM NARRATIVE (A.U.ch-S.. In,'tvC,;ona)
PAGIE tl OF"
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HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYliS ROAD, SUITE 140, MELVILLE, N,Y, 11747 . 516.752.9060
March 12, 1984
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Gentlemen:
On February 23, 1984, we submitted to your office the bid results
on the above referenced project. Since that time, we have commun-
icated with each of the three bidders on the General Construction
and Mechanical Work Contract (No.1) and with the New York State
Department of Environmental Conservation (NYSDEC) regarding a
grant increase.
We have outlined the pertinent details of these discussions below:
1. All three bidders wanted the contract, and this is further con-
firmed via the very small differential between the three bidders
(less than a 2% differential, $1.957 to $1.988 million).
2. There is no single process or piece of equipment that, if elim-
inated, would significantly reduce the cost without rendering
the proposed treatment scheme ineffective in treating scavenger
waste.
3. The major differences between our cost estimate and the actual
bids are:
a. Concrete costs were significantly higher than our estimate
of $300 to $350 per cubic yard. According to each of the
contractors, the small size of the tanks dictates a high
amount of labor to form the tank relative to the quantity
of concrete. Therefore, the contractors utilized concrete
costs in the range of $450 to $500 per cubic yard.
b. Due to the relatively distant location of Greenport from
each of the three bidders, labor costs and overhead are
higher for this project.
Melville. New york. Farmingdale, New York. Alverhead. New York
,.
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Supervisor Francis J. Murphy
and Members of the Town Board
March 12, 1984
Page Two
c. The quotes provided to the contractors for some pieces of
equipment were substantially higher than those provided
to our office.
4. On February 23, 1984, we submitted a letter to NYSDEC requesting
their input on a grant increase. Follow-up phone calls to NYSDEC
resulted in a March 8, 1984 discussion with Gary Kline, Project
Engineer, during which I was advised of the following:
a. The Town should submit a formal request for a grant increase.
(We have enclosed a draft letter and grant increase applica-
tion. )
b. The Town will, most likely, receive the grant increase, and
will be advised more definitively based on receipt of the
letter requested in (a).
c. Once received, NYSDEC will advise the Town of the timing of
these funds. The timing is dependent upon the grant increase
amount and the priority scope of the: project. This project
is rated extremely high, since it is a proposed solution to
an existing groundwater discharge of untreated scavenger
waste.
Prior to making our recommendations, we considered the various options
available to the Town, including:
1. rebidding the project as is;
2. redesigning the project and rebidding;
3. cancelling the project; and
4. applying for a grant increase and, subsequently, proceeding with
the project based on an indication from NYSDEC on a grant increase.
Of the various options, we believe that option 1 will result in higher
costs to the Town, since the project received competitive bids on all
four contracts, three of which were under the estimates. Under the
second option, the project would be redesigned and rebid. We do not
see this as a viable option due to the following reasons:
1. A review of the other alternatives still indicates this plan as
the most cost effective, technically viable and environmentally
acceptable plan.
2. A redesign will result in a minimum of a one-year delay, addi-
tional engineering costs, and higher construction costs.
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Supervisor Francis J. Murphy
and Members of the Town Board
March 12, 1984
Page Three
3. A reduction in the percentage of Federal and New York State
aid, as per changes in the Clean Water }\,ct, will occur.
Option 3 calls for cancelling the project. Selection of this al-
ternative results in the Town losing approximately $1.5 million
in Federal and New York State aid, and does not result in a solu-
tion to the existing scavenger waste disposal problem. The Town
would be in violation of its SPDES Permit and subject to NYSDEC
enforcement action and fines.
The fourth option calls for the submittal of a grant increase ap-
plication. Based on receipt of a grant increase, the local cost of
the Step II/III costs to be raised via taxes will increase from ap-
proximately $274,731 to $344,993. Rounding these figures to the
next highest $10,000 increment, and adding the estimated $20,000
annual cost for Town administrative expenses associated with the
Wastewater Disposal District, we have indicated the overall impact
on taxes below:
Pre-Bid Estimate
$280,000 Bond at 11%
Administrative Services
- Annual Cost -
(Town) - Annual Cost -
Total Annual Cost -
Estimated Tax Rate* -
$35,200.
20,000.
$55,200.
$.085/$100 A.V.
Post-Bid Estimate
$350,000 Bond at 11% - Annual Cost -
Administrative Services (Town) - Annual Cost -
Total Annual Cost -
Estimated Tax Rate* -
$44,000.
20,000.
$64,000.
$.099/$100 A.V.
*Based on an estimated Assessed Valuation of $65,000,000
(excludes Village of Greenport and Fishers Island).
Operating and maintenance costs would be in accordance with the
User Charge System and are unaffected by the bids.
After consideration of the above, our recommendation is to proceed
with Option 4 and implement the following steps:
1. The Town should immediately apply for a grant increase and
indicate their intent to award the contracts upon receipt of
NYSDEC assurance that they will receive same.
,
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Supervisor Francis J. Murphy
and Members of the Town Board
March 12, 1984
Page Four
2. The Town should immediately commence the legal procedures re-
quired to increase the bonding capacity in order to be ready
once NYSDEC advises them of the availability and timetable
for a grant increase.
We are available to discuss any questions you may have on the above.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ /r::::/
Gar'?:. Loesch, P.E.
GEL/mad
Enclosures
cc: Robert W. Tasker, Esq.
Judi th Terry ~lhl~ Cnpy F~,
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DRAFT
TOWN OF SOUTHOLD
Mr. Robert C. Knizek, P.E., Chief
Long Island Projects Section
Metropolitan Projects Bureau
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Project
C36-1120 (SOHT 83-02)
Dear Mr. Knizek:
Our consultant has reviewed the bids receivEld on the above referenced
project, and has recommended that we proceed with this project by
awarding contracts to each of the low bidders. The Town concurs
with the recommendation and plans to proceed accordingly. However,
this is contingent upon the Town:
1. increasing its bonding capacity; and
2. receiving additional Federal and New York State aid.
We, therefore, request your approval for in(;reases in the levels of
Federal and New York State grants on this project. Specifically,
we request an increase in the Federal contribution to $2"..,7',;
and the New York State contribution to $l8Jr,44'. Two copies of the
grant increase application (EPA Form 5700-3:2, pages 2, 9 and 11 of
19) are enclosed for your review and approval. We would appreciate
being advised of the availability and timing of the requested grant
increase.
Thank you for your cooperation and assistanGe with regard to the
enclosed.
Very truly yours,
Francis J. Murphy
Supervisor, Town of Southold
cc: Robert W. Tasker, Esq.
Gary E. Loesch, P.E.
Gary Kline, NYSDEC
John Licata, P.E., NYSDEC
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PART I
COHST~UCTION C~A~nS OR COOPERATiVe:: A('.n:iE~'1EtlTS
..NU.....W. 3. :HATE .. ..uMUI
FEDERAL ASSISTANCE 7. AH"\J. ~~"U.
CANT'$ SOHT 83-02 C:ATlOH
I. rrn o rlLV'lICATlON Am>- ~. o"n r.., -" .., IDEHYI. ~. CAn rH' -., ""
O. CATtON I'll. A.SJ.tCHtO
ACTION 12!1 U'UCA TlON ,,84 3 12 "
(N.,...,.. o NOTIfiCATION or INTlIIT (0,1.) Vow
,.-.""" o .[MlIl or rnU,1l ACTION ,.Ior,,4
...,
.. LlGAI. ~HT/.KJ"EHT .5. HDllAl (MP1.0YU IDfHmlCATIOH NO.
~--- 0 TOWN OF SOUTHOLD N/A
....0. J... . """ 0 TOWN BOARD ..
.. ...._U'P.O. ... 0 53095 MAIN ROAD I"IQ. ~~
G.......
.."" . SOUTHOLD ~ c.-, . SUFFOLK 110. Trru
..'- 0 NEW YORK . DO c.o.. 11971 IF__ Construction Grants fo
F"r'I'Gt
. ~ c- '-- tN....., , ~~~~~V~~\!~, ~~CIS J. MURPHY C.'.'ocJ Wastewater Treatment W
~ .",,,~,N.)
~
~ 7. nru AND Dfs.c.lln'OH O' AHUCAHT'S P'tOJKT .. 1'Yr'f O' "'''U(.AHT lafCIP1fHT
~ CONSTRUCTION OF THE PROPOSED SOUTHOLD ~,- _ c---. - ...-,
SCAVENGER .....- - ~ 1"'---'_
WASTE PRETREATMENT c-........_ ~--,-
I FACILITY - STEP 3 - USEPA ...- .-Qolooo(~hJ:
5 GRANT INCREASE. ...,'- Tnwnct,.,ip
,-.0.,
,_.......~ 55:1
~ 0-. .........-........ Ell',' .",vp.wu WIl,"
-
f. T'YP1 Of ASSISTANCE
A_. k.ic c..-. 0- "'---
~ 1-. s..w-'-' c;....... t- o.t- Ellt".",. rn
c-- t- ,,,.If,II,,,f(u
10. ol..UA Of I"kOJK"T w.I'ACl (N....oo/ti.",.., ~'UHoJ. 11. UTlJrII.AHO NUM. 12. fYl'f Of "''''UCATIOH
. s..'A ..,) lEI Of 'USOM$ A-_ "-"- c- ....... 1- A,.--.......
Town of Southold, New York Il~~m~~n ...._ t---' 0- ~ E,ulI.~tV'~ 1r'l#r[A]
I). P'IOrQ$lD 'UNDING U. COHClf.$.SICHAl OlSU1CTS Of. t 5. TYI'f Of CHANGl iF., IJ (., II ,J
... "0l1lAl I ,76t ..., ~ AfPUCAHT ... P'ltOJtCT A__ --.... o.a...-. '_()It...(~i"J:
181,"'J'El ..., 1 1 ....-o--~
.. u.uc>><r c--...._...~ N/A
181,449 ,co \6. P'IOJfCT STAIT 11. PlonCT 0-. 0-.-.... ~
L STAT( I._ C .
DATf r",..r -" ot., DUIATION 15MOOlI1l LII'.'.""" ITIJ
..~ .co ..84 6 1 "..,.I.U.r(,)
..ontn ..., II. tsTIMATfD DAn TO rN' -" .., 1f, txlSTIHG fEOU.AlIOlNTlftCATlOH HUMau
2 .."., 1,,101 ,co =:n~~'MmED TO ..84 3 13 2"
I. tOTAL I , D ...., A"'NCY ~ C36-l
20. n:DU..u AGENCY TO lEai'll .fQUUT (,".".,. Ci". S"'.. Z/f ~,J 21. IlMA.l:U ADDED
USEPA, 26 Federal Plaza. New York New V~~V -. f) TM 0... . ,
1 :no .. h........ .'...,~-w....J~. ... ., r...,.,:.-J tr., O.M' c-........ A_f" .... .""......_ _I ~. .--- .. ,...,.... --
'HI ... ... ...., .......-...-'.............- ...~ ---.... .. -rr r', .... . . _....4...........-.-_... .,.,... .n~"rJ
AJI1'\JC.AH'T _"-......-.rt.....~.... ......... 0 ID
QlTlflU .....1/Jy............4~...........-.. 111 New York State Clearin.ghouse
....."e4.........................~ 0 Kl
~ ,.,...., .. ........,......................- l2IL.~aa~egional Planning' Board (see next
If............;. ....,.......4. '" a e) 0 0
. L DAn s.c""ID
~ n. .. fTPtD H.,l.,M,1 >>40 mu. 110. SIGoKATVlI
ammHG Francis J. Murphy rN' -., ..,
Ifi"'(. Supervisor .164 3 13
J SIiHTAnvt
,... AGlHCY HAMf ,.5. AN'UCA. rH' -., ..,
'ION
IfCflVlO If
26. OtCAHIUnoHAl UN" 27. ADMIHlSTAATlVI OffiCI 2.. ffDEAAL AP'1'\JCATlOH
~ IOfHYlftCATtOH
~ n.ADOI:U.s )0. nou....' GlAHT
. IOf~lrlCA TtOH
V
I 21. ACTION TAKIN 22. 'UHOIHG rH' -" .., 2', rH' --,.. ..,
STAlliNG
, 0.. AWAlDIO .. HDtlAL I ~ ..., 1). ACTION OA.n . ... DATI . ."
O~ IUICTID .. u.uc>><r ..., 2.S. CONY....O POI ADOrtlO,.IAllNPOI..MA. )&, r.., -.. ..,
0" .nUlHI!D fOt 'IOH (N....t.J "J.~ .....t.rr) fNDIHG
.. ITATI ..., DATI I.
""""INOMc"," ..~ ..., 27. 1(JIV..lU ADDfO
A 0". Of'UlfD .. OlMlI ...,
.. O..W'T1l40UWH OOM 0...
J I, 'orAl . ...,
2&. .. ... ......... ...... ---. --, __ .........J e.- ~ ... 'IDflAL AGtt<Y A-fJ OfrtCW -
. , -
PlDflAl AGIHCT --............ If ...-. ____ ~ "- ...... ..........-.- 01 ,.... _. OMI tl"....'.""H"~..J
a,...,.l. A-U....... '"-.................
A..U ACTlON
()t.I1 ,,"",Oo..!'oIa IO-AO,to
r
orks
.'._101
ITA.NOAI'D '()IIilIIU. "AIM 1 t"... ._1t,
,...~~01<4' '_.'-4.101
." ~.. . - -. ...
PAC! 2 Of' It
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FOrtrl ApP,ollt,;J
0.\18 :Vo. Jj8.ROJJ4
PART III - BUDGET INFORMATION - CONSTRUCTION
f'~CTION A - GENERAL
1. Federal Domestic Assistance Catalog No. .................... 66.418
--
2. Functional or Other Breakout ............................
SECTION B - CALCULATION OF FEDERAL GRANT
U.. only for r.",hion../ougm.ntatlon
Tot,l
Cost CI.ssifiQltic.n Lat." Approwd Adj",nm.", Amount
Amount +0,1-) Rt>quir.-d
1. Administration expense $ 3,000 $ 5,000 $ 8,000
2, Preliminarvexpense (design a11owance) 83,750 ." ,,"0 11,.11.0
3, und structures, right-of-way
'. ArchiteC1ur.1 engineering basic: feu 130,000 -- 130,000
5, Other l'chitectu~1 engineering fus
5. Project insprclion fees
7. Land development
8, Relocation Exnenses
9, Relocation payments to Individuals and Businesses
10. Demolition and reme.....'
11, Construetion and project improvement 1,365,000 738,753 2,103,753
12, EQuipment
13. Miscellaneous
14. Total (lin.s 1 through 131 1,581,750 '7l~,723 2 ,3'?,flJ
15. Enimat~ Income Ii! ,ppJic.blr)
15, Net Project Amount (Line ,. minus 151 1 581 750 "lrt: .....11 ., '1a.u
, ,
17. less: Ineligible E .e1usions
18. Add: Conting"nc:ies 13 650 9' -~38 . ,n" ,QQ
19, Toul Project AmI. (Excluding R~h.bi/jt'tion G"nrs/ 1,595,400 81n,%&:I 2 4'~C1U
20, Feder.1 Sh,re requested 01 Line 19 1,356,090 7~~ .61!% 2,,1llt1.74'L
,
21. Add Re~bilitltion Grants Requested ,tOO Percent) -- -- --
22. Tot,l Mdt,.1 liIr.nt ftQunttd (Lin. 20 & 211 1,356,090 7'.~~,6'2. 2."1.7'1-
23, Grantee lhiI,. 119,655 65,~'" l8G/,.rO
2'. Other sharts (New York State) 65-~ 1 - -
119 655
25, Tot.1 project (Lint' 22. 23 & 'if' $ 1,595,400 S JIlI7.2" $ 2..41, "1
SEE ATTACHED PAGE
E P,A, F..I'l 5700-31 (~..... '0_79)
PAGE' OF It
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Form APP'o,J.'~J
0,\18 No. IJ6.ROIN
SECTION C - EXCLUSIONS
Ineli9ibr. for E .eluded horn
Clusific.llion '.'ti(ip~1Iion Contingency Provision
,< 111 121
.. S S
b.
c.
d,
t,
I.
., Totall S S
SECTION D -,PROPOSED METHOD OF FIN!,-NCING NON.FEDERAL SHARE
21. G,antre Sh.r. S 18$,1!(IJ
a. Securities -0-
b. Mortgage, -0-
e. Appropriations IS.,. Applieantl I8$' ,Jfle
d. Sonds -0_
I. Tn l~...jts -0-
't. Non C.sh -0-
g. Other IE..-plain) -0-
h. TOTAL - G,..nlu Shoil,. 18....~....-
28, Other Shares ,'A_
, .
I. St.tt (New York State) 18~/Hf
b. Othe, -0-
C. TOlal Ot:her Stwl,t. -0-
29. TOTAL S J'U1 ,,,..
SECTION E - REMARKS
E'"" f.,. S700_32 (Rn. lO_'9) PART IV PROGRAM NARRATIVE (Au.ch_S.. rrlatrvcliona)
PAGE:"" O'F I'
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. eRj~g-/)I:.s~.ss/blf"."
*
(-1, ~~
"" ~^';~" 'i\ "'~',
'~: '"3'-- ,\),<-.
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HOLZMACHER, MclENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIFIONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N.Y, 11747 . 516-752-9060
RECEIVED
February 23, 1984
FEB 2 4 '004
Town Clerk Southold
Supervisor Francis J. Murphy
and Members of the Town Board
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Project
C36-1120
SOHT 83-02
Gentlemen:
On Tuesday, February 21, 1984, bids were received for the proposed
Southold Scavenger Waste Pretreatment Plant. The low bidders for
the four contracts, as well as our estimates as of July, 1983, are
indicated below:
July, 1983
Contract/Low Bidder Low Bid Estimate
l. Contract No. 1: General Construction
& Mechanical Work
Ferran Concrete, Farmingdale, New York $1,957,000 $1,205,000
2. Contract No. 2 : Heating, Ventilation
and Air Conditioning
Valentine Heating & Air Conditioning,
Miller Place, New York 19,556 25,000
3. Contract No. 3: Plumbing
James McCullagh, Plainview, New York 29,400 35,000
4. Contract No. 4: Electrical
McDowell Electric, Calverton, New York 97,797 100,000
Total $2,103,753 $1,365,000
We have enclosed bid tabulation sheets that 'were prepared for each
of the four contracts.
In reviewing the enclosed bid tabulation she,ets and the above esti-
mates, it is obvious that the General Construction & Mechanical Work
bids were substantially over the estimate. However, each of the
three bidders submitted proposals with less 'than a 2% differential
(1.957 through 1.988 million).
MelYlIle, New York. Farmlngdale, New York. RiV8rhead. Ne....' York
112M
.
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Supervisor Francis J. Murphy
and Members of the Town Board
February 23, 1984
Page Two
Prior to making our recommendation to the Board, we will be meeting
and/or communicating with each of the three GC-Mechanical contractors
to discuss their bids in greater detail. If made available, their
cost sheets will be compared with our cost €:stimate work-ups to
check for major discrepancies. Based on thi.s analysis, we will be
able to determine where the majority of the cost difference is, and
make our recommendations accordingly.
In addition to the above, we have had the opportunity to compute the
impact of the bids on the local share. Table I, which is enclosed,
illustrates the projected local share based on:
1. Pre-Bid Estimates (July, 1983)
2. Bids with Additional Aid
3. Bids without Additional Aid
As evidenced by these calculations, the loca:l share increases from
$274,731 to $344,993, assuming that Federal and New York State aid
are available on the additional construction costs and based on an
estimated interest during construction rate of 7%. Of the increase
of $70,262., ,interest during construction is: $51,713, based on the
higher construction costs. We have requested, and are awaiting,
input from NYSDEC on the availability of additional Federal and
New York State aid. As indicated previously, we will make our
recommendations after we have met with all t,hree general construc-
tion and mechanical work contractors.
In the interim, please call if any question~: arise regarding the
above.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~~~/
Gary E. Loesch, P.E.
GEL:mad
Enclosures
cc: Robert Tasker, Esq.
Judith Terry, Town Clerk
TABLE I
SOUTHOLD SCAVENGER WASTE PROJECT
TOTAL/LOCAL COST CALCULATIONS
Total Costs ($) Local Share Computations ($)
A B C
(Post-Bid w/ (Post-Bid w/o
Item Pre-Bid Post-Bid (Pre-Bid) Additional Aid) Additional Aid)
I. Administration $ 8,000 $ 8,000 $ 600 $ 600 $ 600 .
II. Step II Engineering
(based on allowance) 138,000 138,000 60,531 21,.09 60,531
III. Step III Engineering 130,000 130,000 9,750 9,750 9,750
IV. Construction 1,365,000 2,103,753 102,375 157,782 841,128
V. Contingencies 79,000 105,188 5,925 7,889 32,113
VI. Subtotal (I - V) $1,720,000 $2,484,941 $179,181 $197,730 $ 944,122
1'T.,..,. T_.....-.......-......."- .::I~.._.: ............
V.l...L. ..LUL..CJ..C;:::II!".. ,"",U.L..L.U.,::!
Construction (7% of IV) 95,550 147,263 95,550 147,263 147,263 .
TOTAL (VI + VII) $1,815,550 $2,632,204 $274,731 $344,993 $1,091,385
'.
- ..-a ,
',tQM BID DATE: FEBRIlARV ')l......~ ~1jL.l.1..1 . nil ll.M l f'11;-1'1'0-1'I"-
HOUMACHER. McLENDON and MURRELL p.e, BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
IFerran Bens~n Bancker
TOWN OF SOUTHOLD Concrete Contracting Construction
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY . ,
Farmingdale Smithtown Manhasset
CONTRACT NO. 1: GENERAL CONSTRUCTION & MECHANICAL I
WORK If'f'~, la I'll'l\ 5% Bid Bond p~~et ~ :ym- -wr~L
I&~~ OUANTITY pR~H lmJ TOTAL I~ .!Q!Ak I YfH:J:" TOTAL !
DESCRIPTION PRYCE ,
All GC/Mechanical Work ~.S. l,957,OO( 1,988,000 11,966,000
ContinClencv Item 1 (GC";'l\ T..~ 2,54( 3,000 3,000
.
.
,
$1 957 000 $1.988,000 $1,966.000
.
,
ALT. TOTAL IW/CONTINGENCY ITEM GC"'l\ .
$1,959,540 $1,991,000 $1,969,000
RBC MANUFACTURER LYCO LYCO
PLANS RETURNED -- -- --
SPECIFICATIONS RETURNED Yes Yes Yes
,- ..
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I
~.
.J-QM HOLZMACHER. McL.ENDON and MURREL.L P.C ........=:.~~lII.Jwl.iiol~.. .....:.~kI,j...li............-_~_.. ____......w.._.......... 1"---:.....--....-. -,-,., r--'.. '" - ,
BIDDER ' BIDDER i BIDDER ' , BIDDER BIDDER BIDDER
TOWN OF SOUTHOLD Valentine Bensin i Cioffi & ' Fogarty
WASTEWATER DISPOSAL DISTRICT Heating & Air Contracting I SClUlZano ' ' Electric
SCAVENGER WASTE TREATMENT FACILITY Conditioning , Plumbing 1< Jltng.
CONTRACT NO. 2: HEATING, VENTILATION & Miller Place Smithtown I Bellmnr.. : M"ttituck
AIR CONDITIONING (CC or 5% BB) 5% Bid Bond I !tym i
I
I :mH:~TOTAL ~ TOTAL
T~~~ DESCRIPTION rlUANTITY pR~H ~~a~ pRYti ..wa TOTAL
.
All HVAC Work .L.S. $19,556 29,545 $28 880 ~26 80n
I ,
I
,
'" .
$19,556 $29,545 $28,880 $26,800
,
,
PLANS RETURNED -- -- -- Yes
SPECIFICATIONS RETURNED Yes Yes -- Yes II
.
, BID DATE: FEBRUARY 21- 1984 111: 00 A.M. \ C36-1120-03
~ HOLZMACHER, McLENDON and MURRELL P.C, BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
TOWN OF SOUTHOLD Vinco Plumbing M.J. Flood James McCUllagh, Bensin COntrac-
WASTEWATER DISPOSAL DISTRICT Inc. ting
SCAVENGER WASTE TREATMENT FACILITY Centereach Islip Plainview Sud thtown
CONTRACT NO. 3: PLUMBING
Z (CC or 5% BB pR~ei ~ Md~ yw;
DESCRIPTION lUANTITY ~RW:t PRICE T ~L TOTAL 100.& 19'f~~ TOTAL
.
All Plumbina Work ;L.S. 38 500. ~7Q .,,,c: 29 400. :':lA ':lc:n
.
.
-...
.
~38 500 .,."n q"c: $29.400. S34 350.
PLANS RETURNED -- -- -- --
SPECIFICATIONS RETURNED Yes -- Yes Yes
....,
. .
,.
,.
.-
....;- "
...'... ....,......:..1. .. . ""... .. ~''''" . ~ . . .., ........ I' ~. .. . 01 .. '. ....'. I ~-' .... , . -' . ... ., ,
.~ HOlZMACHER. McLENDON and MURRELL. P,C, BIDDER BIDDER BIDDER BIDDER BIDDER BIDDER
TOWN OF SOUTHOLD Delcon Elec- Hinck Electrical Northgate Elec- COIIlIllander McCOIIlb Electric McDowell
WASTEWATER DISPOSAL DISTRICT trical tric Corp.' Electric Electric
SCAVENGER WASTE TREATMENT FACILITY , ,
Shoreham W. Babylon Huntington Sta. Bay Shore W. Hempstead Calverton
CONTRACT NO. 4 : ELECTRICAL
tcc or 5'% BBl ~ ~ t& ~~r~~ 5% Bid Bond
p~~~ DESCRIPTION QUANTITY IP~~H PRICE pH~e~ TOTAL ~ I~WM~ IIHH~" I ~~I~~
All Electrical Work ):..S. 01,900. 128,070. ....35,890. 151,340. 07,900 97 797
"
.. .~
$101,900. $128,070. S135 890. S15L340. S107 900. $97,797.
.
.
PLANS RETURNED -- -- -- Yes -- --
SPECIFICATIONS RETURNED Yes Yes Yes Yes Yes Yes
.
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HOLZMACHER. McLENDON .nd MURRELL. P.C BIDDER BIDDER BIDDER BIDDER BIDDER !I BIDDER
TOWN OF SOUTHOLD Johnson Hatzel & Buehler '
WASTEWATER DISPOSAL DISTRICT Electrical Inc.
SCAVENGER WASTE TREATMENT FACILITY Hauppauge Farmingdale
CONTRACT NO, 4: ELECTRICAL
(CC or 5% BBI pR~H ~ ;;ym TOTAL mf. 19r~~ m& !Q!~~ :
I~B~ . p~~H .lrniit,,1 TOTAL
DESCRIPTION IoUANTITY t>RICE
All Electrical Work i..S. 48.700. 129 900.
,
-
.
, ,
,-
.
I
.... I
I'
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'T, $148,700. $129,900. i
,
!
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.
.
,
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PLANS RETURNED -- --
SPECIFICATIONS RETURNED -- -- I
;
.
- '
.
Received plans from Commander Electric Inc. (bidder), by mail. Feb. 23, 1984.
~ Cehd7i/U!r.2.
Received plans & specifications from Citnalta Conjitruction Corp. (non-bidder).
by mail on February 27. 1984. C'O%/-ztuf- /, .:rnA-;-
-~
.
.
JUDITH T, TERRY
TO\VN CLERK
REGISTRAR 01: VITAL STAIISTICS
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 24, 1984
Received from Latham Sand & Gravel on this date One(1)set of Specifications
Contract #l - No.2 and One (1) set of plans Contract # 1 - No. 2 on the Scavenger
Waste Treatment Facility, all,in good condition.
c:J~~...;7. ..;~~
Judith T. Terry
Southold Town Clerk
.
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Town Hall, 53095 Main Road
P.O, Box 728
SOllthold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T, TERRY
TOWN CLERK
RECISTRAR or VITAL STAtiSTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 22, 1984
Received fran Sal Prato, Electrician, Wiggins Lane, RR Box 208, Greenport, New York
11944 on this date - One (1) Set of Specifications #3 and One (1) Set of Plans #3
on the Scavenger Waste Treatment Facility - Contract #'s 2,3, & 4., all in good
condition. a' 0, ;()/'~
Eli~ Nev~ik"
Deputy Town Clerk
.
JUDITH T, TERRY
TOWN CLERK
REGISTRAR OF Vn AL ST.\T1STICS
"
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Town Hall, 53095 Main Road
P.O. Box 728
Southo1d, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 22, 1984
Received from Muirfield Contracting, P.O. Box 148, Greenport, N.Y. 11944 on this
cmte, One (1) set of Specifications and One (1) set of plans for the Scavenger
waste Treatment Facility, Contract # 1 - General Contracting in good condition.
/'d_':"/5A~?W' 4
~eV:L
Deputy Town Cle~{
-,
.
.
,.c~ '
Town Hall, 53095 Main Road
P,O, Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1801
JUDITH T, TERRY
TOWN CLERK
REGISTRAR or: VITAL STATISTICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
February 21, 1984
Brown's Letters, Inc.
163 Stuyvesant Avenue
LiB88BRHPot, New Jersey
.L..y H' 0 /oIvR-S r
07071
Received from Mr. Harry Haferkamp One (1) set of Bid Specifications
and Plans on Contract no. 1 (book #3) and One (1) set of Bid Speci-
fications and Plans on Contract No.'s 2,3, & 4 for Scavenger Waste
TreateIDent Facility on this date, all in good condition.
(~~7dl? I(Au/--d
Rec ved By
Elizabeth A. Neville
Deputy Town Clerk
i
~,:
.
.
FEBRUARY 21, 1984
THE FOLLOWING SPECIFICATION BOOKS WERE GIVEN TO GARY LOESCH, H2M
CORPORATION AFTER THE BID OPENING:
Contract # 1 - General Contracting
(Blue Book)
#'s 3,4,5,6,7,8,& 9
Contract #'s 2,3,
(Pink Book)
#'s 4,6,7,8,9
& 4 - Heating, Venilation,& Ac
Plumbing
Electrical
Bid Received at 11:16 A.M. from Mailline Electric Corp., 16 Charles Street
Hickville, New York 11801 was not acceptable and was returned to Mr.
Chris Dunn who submitted it.
".....-."".~._--.-
.
.
4ItIDS AND SPECIFICATIONS F~
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
$100.00 BID DEPOSIT FOR THIS CONTRACT AND SET OF PLANS
1. Town Clerk Copy
2. Latham Sand & Gravel, Main Road, Orient, New York 11957 ~!d
~t>/N
3. Brown's Letters, Inc., 163 Stuyvesant Avenue, Lyndhurst, N. J. 07071
4.
5.
IDS AND SPECIFICATIONS FO!
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
CONTRACTS NO. 2 - HEATING, VENILATION & AIR CONDITIONING
3 - PLUMBING
4 - ELECTRICAL
$100.00 BID DEPOSIT FOR THESE CONTRACTS AND SET OF PLANS
1. Town Clerk Copy
h J -0 ayt;(a.-t-Z/ CL., L.PjcdtzZc<<AL ';//& Ij~o/Rf
2. ,A-lc..Jt-yt.{..LL t..t:. . () :r7-G-) L / (I'
~ ,~. 1~
3. ~~ C {Joc>Jo ~!f/~oIJ'L,'f)?";r~.QOf~t;#!})f !/'JiljL y '15'1
02/rc / gtf
4. Brown's Letters, Inc., 163 Stuyvesant Avenue, Lyndtiurst, N. J. 07071
rr),,([.h Mid;) ~i)-,' /. [l' (1" /J. /1, o:i!'f/ f)/ ,
5. ), 'v l..fl..e.f..ue, 1..>>1)' Cd.<L'-{Z-~ 1.4:' '1::'k3X-c2/4 CaJl/u'"",!e,O/ IV '/ / /9 33
6.
7.
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~~ ~ 1~
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HOLZMACHER. McLENDON and MURRELL, PC, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, MELVILLE, N,Y 11747 . 516-752-9060
February 14, 1984
All Contractors
Re: Town of Southold
Scavenger Waste Treatment Facility
SOHT 83-01
Gentlemen:
Enclosed please find ADDENDUM NO.1 dated February 14, 1984, for
the above-referenced project. Please attach this addendum to your
copy of the specifications.
Should you have any questions, please contact our office.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
fi,.-j~ ~
Dennis M. Kelleher, P.E.
DMK/dw
Enc.
Melvllle. Ne..... York. Farmongdale. New York. Rlverhead, New York
[H22%
.
.
,..
..
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
209 WEST MAIN STREET, RIVERHEAD, N,Y, 11901 . 516-727-3480
RECEIVED
.
FEB 81184
T_n Clerk Southold
February 7, 1984
Carl Caristo General Contracting,
1080 Grand Avenue
So. Hempstead, New York 11550
Inc.
Re:
Town of Southold
Scavenger Waste Treatment
Facility
Contract #1 - General Con-
struction and mechanical
work
SOHT 82-06
Bid Date: 2/21/84
Gentlemen:
With regard to the above-referenced project, enclosed
herewith please find your check #2911, in the amount of
One-hundred ($100.001 Dollars, representing your deposit for
plans and specifications.
If you should have any questions regarding same, please
feel free to contact the undersigned.
Very truly yours,
2~~E~ELL'
P.C.
Lu Anne Hall
Bookkeeper
lah
enc.
cc: Town of Southold
, .
Melville. New York. Farmingda1e, New York. Riverhead, New Yorlt
.
.
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HOLZMACHER, McLENDON and MURRELL, p,C,. CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516.752-9060
,0
January 30, 1984
, ..-,'
Mr. James I. Monsell
Superintendent of Utilities
Inc. Village of Greenport
236 Third Street
Greenport, New York 11944
Re: Southold Scavenger Waste Pretreatment Plant
SOHT 83-02 (C36-1120)
Dear Jim:
As a follow-up to our conversation, I am enclosing the Plans
and Specifications for Contract Nos. 1 through 4 on the above
referenced project.
Please note that this project will be bid on February 21, 1984.
Prior to that date, it is anticipated that many of the contrac-
tors will want to make arrangements to visit the existing
Greenport Sewage Treatment Facilities, since this will be the
site of the proposed construction.
If any questions arise regarding the enclosed, please contact
me at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
/" ~ /
~ r:{//~/
/
Gary E. Loesch, P.E.
GEL:mad
Enclosures
cc: Supervisor Francis J. /1urphy-""'"''''
Melville. New Vork . Farmingdale. New york. Rlverhead. Ne." York
.
.
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060
RECEIVED
January 30, 1984
JAM 3 09M
T_ Cletfr Soutt.old
Mrs. Judith Terry, Town Clerk
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Pretreatment Plant
SOHT 83-02 (C36-1120)
Dear Mrs. Terry:
I am enclosing four (4) sets of Plans and Specifications for
Contract Nos. 1 through 4 on the above referenced project.
These copies supplement those previously provided on January
18, 1984. Should the number of copies of any of the contracts
reduce to two, please contact our office to request additional
copies.
By copy of this letter, I am providing a full set (Contract
Nos. 1 through 4) of Plans and Specifications to Robert Tasker,
Esq., for his records.
Should any questions arise regarding the above, please contact
me at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~/~/
Gary E. Loesch, P.E.
GEL:mad
Enclosures
cc: Supervisor Francis J. Murphy
Robert W. Tasker, Esq. (w/encls.)
Melville, New York. Farmingdale, New York. Aiverhead, New York
,
.
.
JUDITH T, TERRY
Tow~ CLERK
REGISTRAR or VITAL 51"\ ['[sTIes
Town Hall, 53095 Main Road
P,O, Box 728
SOllthold, New York 11971
TELEPHONE
(516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 20, 1984
Gary E. Loesch, P.E.
Holzmacher, McLendon & Murrell, P. C.
125 Baylis Road, Suite 140
Melville, New York 11747
Dear Gary:
The Southold Town Board at their regular meetin9 held on January
17, 1984 took the following actions of interest to you:
Authorized the Supervisor to enter into an agreement between the Town
and Holzmacher. McLendon & Murrell, P.C. for the folilowing engineering
services in connection with the Landfill Site. Cutchogue:
Phase I. 1. Preparation of a Part 360 operating permit application.
2. Preparation of an application for a variance from one or
more specific provisions of Part 360.
Cost of Phase I, as outlined above, not to exceed $2.800.00.
Phase II. 1. Preparation of a landfill operations plan.
Cost of Phase II shall not exceed $6,900. 00.
$3,500.00 of the above shall be paid from Year 9 - Community Development
Funds, and $6,200.00 from Federal Revenue Sharing Flllnds - Waste Management,
and those funds not used in 1984 shall be encumbered for the abovementioned
H2M engineering services.
The Board accepted the proposal of Geomaps, Inc. to provide aerial
photographs of the Southold Town Landfill site at 1"=100' showing 2' contour
intervals. at a cost not to exceed $1,620.00 and the sClme shall be paid from
Federal Revenue Sharing Funds - Waste Management.
The Board authorized me to advertise for bids fOI" (1) general construction
and mechanical work, (2) heating, ventilation and air conditioning, (3) plumbing,
and (4) electrical for the Town of Southold Wastewater Disposal District, Scavenger
Waste Treatment Facility, Greenport, New York. Federal Project No. C-36-1120-03.
Page 2 - Gary E.
January
Loet, P.E.
20, 1984
.
The Board also allocated $8.966.79 of surplus 1983 Federal Revenue Sharing
Funds to a new line item entitled, "Road Improvements,," and authorized the
payment of $5,000.00 to Holzmacher, McLendon & Murrell, P.C., from Federal
Revenue Sharing Funds - Road Improvements, for 1983 engineering services in
connection with the Resurfacing of Sound Avenue at the Western Town Limit
Project, and $3,966.79 from Federal Revenue Sharing Funds - Road Improvements,
for 1983 engineering services in connection with the Project Initiation Report for
the Federal Aid Rural Secondary Road Systems Program for resurfacing of Aldrich
Lane, Laure, New York.
Very truly yours,
~~/~
Judith T. Terry
Southold Town Clerk
.
.
'.
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.
Ie
HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516-752-9060
t ;:~" i"' ~;;-:,~--~S"~':--,~:-~, r'-., "
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i :.' \ : !;.' _ .: .._ _ . ,.~'~_"....:,.,::? . ! ! ;
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---
January 11, 1984
Supervisor Francis I. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Pretreatment Plant
SOHT 83-02 (C36-1120)
Dear Supervisor Murphy:
Per our telephone conversation, I am enclosing the Notice to
Bidders for Contracts 1 through 4 on the above referenced
project. This Notice to Bidders should appear in both the
local paper and the New York Times in order to meet the New
York State Department of Environmental Conservation's re-
quirements. Since at least thirty days' public notice prior
to bidding is required, we suggest the following dates:
Advertisement date of January 19, 1984.
Bid date of February 21, 1984.
Please secure from the above newspapers Affidavits of Publi-
cation and the appropriate receipts, since these costs are
eligible for Federal and State aid under the Town's admini-
strative costs line item.
Should any questions arise regarding the enclosed, please
contact me at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
~ "?,,,/ ..:;:;.::.?~'
_..4'it-t-y' /"-:'1fc~4/
Gary/E. Loesch, P.E.
GEL:mad
Enclosure
cc: Robert W. Tasker, Esq.
Melville, New York. Farmingdale, New York. Riverhead. New York
,.-'
'.
.
'.
/
.
~.t...I. HOLZMACHER, McLENDON & MURRELL, P,C,
. I.LJ91l OOIdUL llNO IMGlNlf-. 1.....IllIONIIIINf... a:JINTlIft ..o1'UoNNf!..
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the
Town Board, Town of Southold, on behalf of the Southold Wastewater
Disposal District, in Town Hall, 53095 Main Road, Southold, New
York, 11971, not later than 11:00 A.M. prevailing time on Tuesday,
February 21, 1984, at which time they will be publicly opened and
read aloud, for the following project:
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
The work includes furnishing of all labor, materials and equip-
ment necessary for construction of the treatment facility, which
consists of the following:
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
CONTRACT NO.2 - HEATING, VENTILATION & AIR CONDITIONING (H.V.A.C.)
CONTRACT NO. 3 - PLUMBING
CONTRACT NO. 4 - ELECTRICAL
A deposit of $100.00 payable to the Town of Southold will be
required for a set of Plans and Specifications. Information to
Bidders, Invitation for Bids, Instructions to Bidders, Form of
Proposal, Bid Conditions, Form of Contract, Plans and Specifications,
etc., may be seen at or procured from Southold Town Hall, 53095 Main
Road, Southold, New York, 11971, or the Office of the Engineer,
Holzmacher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140,
Melville, New York, 11747, after 11:00 A.M. prevailing time on
Thursday, January 19, 1984.
Bidders on this work shall be required to comply with the Presi-
dent's Executive Order Nos. 11,246 and 11,375. The requirements for
bidders and contractors under this order, which. contains non-discrim-
ination in employment, and prohibits discrimination in employment re-
garding race, creed, color, sex or national origin are explained in
the Specifications. A Contract awarded under this Notice for Bids
is expected to be funded in part by a grant from the U.S. Environmental
Protection Agency. Neither the United States nor any of its depart-
ments, agencies or employees are or will be a party to this Notice
for Bids or any resulting Contract. This procu.rement will be subject
to regulations contained in 40 CFR 33.295, Subparts F and G.
BY ORDER OF THE TOWN BOARD
TOWN OF SOU'I'HOLD
SOUTHOLD, NEW YORK
NB - 1 of 1
" .
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HOLZMACHER, McLENDON and MURRELL, P,C,' CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747' 516.752.9060
January 11, 1984
Mr. Gary Kline
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Pretreatment Plant
SOHT 83-02 (C36-1120)
Dear Mr. Kline:
Pursuant to NYSDEC's letter of November 18, 1983, it is an-
ticipated that the Town will advertise this project in the
New York Times, as well as in the local T01"m paper, on
Thursday, January 1~, 1984. It is anticipated that the bid
date will be set for Tuesday, February 21, 1984. The above
dates are subject to the Town passing a resolution to per-
form same on Tuesday, January 17, 1984. I am enclosing a
copy of the Notice to Bidders.
If the above is not acceptable, please call me.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
.~/~/t
Gary E. Loesch, P.E.
GEL:mad
Enclosure
cc: Supervisor Francis I. Murphy.....-"..C..,,""
Robert W. Tasker, Esq.
Mr. John Licata, P.E.
Mel~iI!e. New York. Farmmgdale, New York. R'verhead. New York
H2M ,.
Holzmacher, McLendon & Murrell, P.C.
125 Baylis Road Suite 140
MELVILLE, NEW YORK 11747-3895 RECEIVED
DATE J~18, 1984
FILE NoSOHT 83-02
o URGENT
o SOON AS POSSIBLE
CKNO REPL Y NEEDED
TO
(516) 752.9060
TOWN HALL
,HL i\j 1\ 1984
ATTENTION _ SUP~.RVISOR _~RAN...c::1_~i!.,-....!!UR_1'J:lY
SUBJECT~gU_TI:I():LIL 13~AV,-__ WAST~_..!'BOJECT
r...."/n ('!p,l.. l:""'1+"(,'rf
53095 MAIN ROAD
SOUTHOLD, NEW YORK
11971
MESSAGE
DEAR SUPERVISOR MURPHY:
>
WE ARE ENCLOSING FIVE (5) SETS OF PLANS AND SPECIFICATIONS FOR
CONTRACT NO.1 AND CONTRACT ~OS. 2,3 & 4.
WE WILL PROVIDE _ YOUR OFK!CE WITH ADDITIONl~L COPIES OF SA!o!.E
NEXT WEEK.
ONE OF THE
COPIES SHOULD BE MAINTA:~S 2~AL-
CONTR~CT 1 & 2-49I3NED - G~~. ~~I;,<E.
TOWN OF SOUTHOLD SET (
REPL~:~{6~~~_~R0
ROBERT TASKER, ESQ.
DA TE OF REPL Y
SIGNED
:Ni~~ €be New Hork ~imes
! I' 229wEST 43STHEET,NEWYORK. NY 10036
......L
""",,,TO_
PLEASE TAKE NOTICE that ..... I:lIdI will be ~ by the
TOWftBoard, Town 01 SouttIoId, on beIIIII ill' the Southold Wntewatllr
DietPOUI DIstrIct. In Town HaII,!3OI6...... Road, Sol.rttlokl, New York,
11,"1. not later than 11:00 A.M. .,.......... on Tueeday,Februllry
21,--tiN54, lit which time they will be pubUcIy opwtICI and road aloud, tor
the1l::Mowlng proJ~: TOWN OF 8OUTHOI..D I
WASTEWATER IMIPOIAL DInRICT I
SCAVENGER WAITE. TRU.~ FACILITY 1
FEDERc:.e~:o. C:=,2003
_..the work IncludN fumllhlng Of III labor, matwIaIe and equtpment
~forconatructlonofttMln.tment..IIty,whictlconeIII:Iofthe
CoNTRAcT NO. 1 - GENERAL CXNSTAUCTIClN AND MECHANICAL WORK
'CONT'RACT NO.2. HEATING, VENTH..AnotI a MI CONDn1ONIJlGtH.VACJ
CONTRACT NO. 3 - PUJMBIHG
CONTRACT NO.'" - EL.ECTFUCAI.
It fHposIt of "00.00 payaIQ to the Town 01 Southokl wlll be
required- tor . Nt of Plane and ap.clflcatlona. lnlormltlon to BIdders,
InvnMlon for 8kIa, Inttructlon. to BldcMlra, Form of PropoAI, 8Id Condl-
tklnI..Eonn of Contract, Plana and ~~., *., may be eeen at
or ~ from SouthOld Town HIIII, 530H Main Road, Southold, ....
Vortt;r1!1.71. or the OffIce of the EngIneer, Hottmaoher, McLAndon &
~ P.C.. 125 Baylla Road, eulte,40, Melville, toJew YOl1l;, 11747,
~,,:oo A.M. prevailing time on-Thuraday, January 19, 1884. '
8idder1I on !1M work ahaM be required to OQIllply wtth tf'Ie.
PreMdent'a ex.cutiYII Order Not;- 11 ,248 and 11,376. The requll'ernenW
tor bIdder8 and contractoh undtlr this order, which cont.lI.... non-dl..
crtminI.t1on In employment, and prohlbltl dlecrlmlnatlon In employment
regWIng raoe, ct*, COlOr.. .... or naDonll origin .... explalntd In the
~llon.. A Contract IlWVded ~ W. NCIlltle for Bide Ie expect-
ed to be funde<I In part by . grantfrom.the U.S. EnvIfontnental Proteo--
tIon Agency. NeIther IN UriIliId 8tatet nor any of fte departmllKltt,
~ or em~" or wll be . party 10 this Notlce for BleB or
any iiiiiultlnG 00nIracI. ntt. procurement will be subject to regul8ltlone
contained In 40 CPR 33.2G5, SubpalU F and G.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
SOUTI;fOLD, NEW YORK
5.07-""''''V 83
CERTIFICATION OFrfUBLlCATION
~ -"
i 1 f 1 ,~<()
/
J
I. F.i 1 <epn Mi "trpt-t-" , ' in my capacity as a Principal Clerk
of the Publisher of i!;:~t ~t\tl Uork eimt~ a daily newspaper of general
circulation printed and published in the City, County and State of New
York, hereby certify that the advertisement annexed hereto was published
in the editions of l~t~t\tllorld'Eimt~ on the following date or dates,
;;,,/
19 ( ,
to wit on
,/''-,
/j'" ~
'- ~
~ _192t
~
Approved:
)Jd~ p~(J^
~lTj !~~S~:~~'~~~R~~~~~
LmAL
""",,,TO_
PLEASE TAKE NOTICE ... __ btde wI" be reoei.IMd by 1M
TOWII Board, Town of SouthoId, on betlIiIf of the Souttlold Wutewat.r
D/eao!IaI Oletrict, In Town Hall, 53015 .... ANd, Soutnold, NltW' YOI1I.,
11811, not later than 11:00 A.M. prenIIng..... on Tueeday, February
2t.-1.Q84, at whICh tIme they wlH be pubIk:fy opened and road &loud, for
the-lolloWlngproJecl:
TOWrN OF 80UTHClLD
WASTEWATER DIIP08AL DIAIICT
SCAYDKJER.WASTE TREA,..NT FACILITY
FEDE~~~~120()3
~. The work Il"Ciudee fumlehlng of... t.bof, ~ and equipment
n~ for eon8fructlon of the treanent-faclllty, which COMI8It of the
fol~ng:
~ NO. 1 - GENERAl. cat8TAUCTION AfrI) MECHANICAL WORK
'tONJRACT NO.2. HEATING, VENTlLATlClNIIUR CCINDITlONINB (H.V.A.C.)
CONTRACT NO. 3 - PUNBING
COfrfTAACT NO.4. ElECTRICAL
A ~ 01 "00.00 payabte to the Town of Southo6d will be
requfntd. for a Mt of Plane and ~,. Infonn8tIon to BIckler.,
InvtfiIIOn for std" InItnJcllone to 8ldderw, Form of PropoeaI, Bid Condl-
tionI,Fonn of Contrect, Plana,and ~nc..tt......, etc., fMY be ann at
or ptqpUred from Southokl Town Hall, 530H Main Road, Southold, New
VorC''11171, Ol'" the OfficI of ttMI EngInMr, Holzmacher, Mclendon I
Mumt@. P.C., 125 Baylla RaMI, Sutllt 140, MeMHe, New York., 11747,
atte"-U:OOA.M. prevaHlngtlm.onThu~y, January 18, 1884.
~ on W. wor1l; IhaII be required to comply wlth the-
Prelldent', Executtve oro.r Noe.,1',246 and 11,315, n.. requlrernentlJ
fOr ItIIIdenI and contractoft under thl. order, wtllCh oontlIne non..cll...
crimination In employment, and PIdIIbIa cIIecl1mlnctlon In employment
regarding ...... creed, color, MX or national orICIIn .... axplelned In the
St>> IlL .rene. A Contract awerd<<l ~ thle Notroe for Bide Ie axpect.
ed to w funded In part by . grMt from the U.s. Envlronmtntal Prohtc-
lIorI Agency. NaIther tile UriIliId SIatH nor any of It$ d~ta,
~or~'" orwtll be a party 10 thle Notice for Bfda or
any ~ Contract, ThII procurement will be eubJeet to regulatlona
oontMMtd In 40 CFFI: 33.286, SubpalU F and G.
BY ORDER OF THE TOWN BOARD
TOWN. OF SOUTHOLO
SOU"{,HOLD, NEW YORK
5.07.""...V 8l
CERTIFICATION O~/
19P(/
, / ,
I. Ei 1 <e<en Mi "trpt-t-;, , ~n my capacity as a Principal Clerk
of the Publisher of l~t~t\tlUorklimr~ a daily newspaper of general
circulation printed and published in the City, County and State of New
York, hereby certify that the advertisement annexed hereto was Pllblished
in the editions of i!lJt~e\tlUorklime~ on the following date or dates,
to wit on
(')
(JYY'I
/(JI ,<)(/
/ ( _19r;-
~~-
Appro,ed: )Jd ~ p~(J^
---~ i:~ on Thursday, JanW;-ry'i9~
Bidders on this work shall'
be Te<jUlred to comply with the "
PresIdent's Executive Order 1
Nos.. 11,246 and 11,375. Tbe
reqUIrements for bidders and
co~tractors under this order
w':llc~ contains non-discrimin~
ati~n 10 employment, and pro-
hIbIts discrimination in em-
ployment regarding race
cr~e~, color, sex or nationai
origIn are explained in the
Specifications. A Contract
a,:"arded under this Notice for
BIds IS expected to be funded
10 part by a grant from the
U.S. . Environmental
ProtectIOn Agency. Neither
the UOlted States nor any of its
departments, agencies or em-
ployees are or will be a part
to this Notice for Bids or a/
resultlOg Contract. This pr!-
curement will be subject to
regulatIons contained in 40
CFR33.295, SubpartsF andG.
BY ORDER OF
THE TOWN BOARD
TOWN OF SOUTHOLD
SOUTHOLD NEWYORK
ITJl9-4466 '
JUDITH A. CHIEN
NOTARY PUBLIC, StIlI 01... lork
No .196131. Sutf1A Coon,,"
Term Expues Mlrch 30. 19.::j.
!lI:l:~ll (I III Cle.
.~.
Bidders on this work sl. .
be required" to comply with the
President's Executive Order I
Nos. 11,246 and 11,375. The'
requirements for bidders and
contractors under this order,
which contains non-discrimin-
ation in employment, and pro-
hibits discrimination in em-
ployment regarding race,
creed, color, sex or national
origin are explained in the
Specifications. _A Contract
awarded under this Nolice for
Bids is expected to be funded
in part by a grant from the
U. S. Environmental
Protection Agency. Neither
the United Slates nor any of its
departments, agencies or emM
ployees are or will be a party
to this Notice for Bids or any
resulling Contract. This pro-
curement will be subject to
regulations contained in 40
CFR 33.295, Subparts F and G.
BY ORDER OF
THE TOWN BOARD
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
ITJl9-4466
JUDITH A. CHIEN
NOTARY PUBlIC, Stall oIl1ew lork
No .'96131, Suffolk Coonly
Term ExD'ros Mlreh 30, I ~
.)\..((, H.
/"
[)
({ '1_ i ~ G
STATEOFNEWYORK )
I SS:
COUNTY OF SUFFOLK )
SUSAN W ALLAN
of Greenport, in
seid County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, end that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the 19 th
day of January 19....8A.
\;\-,
c~ ~
,( , ."--"
"
l ~
l' i.
Principal Clerk
Sworn to before me this
day of January
19th
19J1i.
STATE OF NEW YORK )
) SS:
COUNTY OF SUFFOLK I
SUSAN W ALLAN of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greenport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed is
a printed copy, has been regularly published in
said Newspaper once each week for one
weeks successively, commencing on the 1 q j- h
day of January 19.JJA
\ '. (
",i:;'!H~~ l>: .p
Principal Clerk
'\
~ ~r',
, -
Sworn to before me this
day of January
19th
19~
NOTICE TO BIDDERS
PLEASE", TAKE .NOTICE
that sealed bids will Jle
received "l,Jhe Town Boerd,
Town at Seilthold, CHl behalf of
the Southold W..tewalet' Dis-
posal District, in Town Han,
5J095 Main Road, SolIthoId,
New York, 11971, not later
than 11:00 A.M. prevailing
time on Tuesday, February 21,
1984, at which time tliey will
be publicly opened ,and read
aloud, for the following pro.
ject:
TOWN OF SOUTHOLD '
WASTEWATER DISPOSAL
D1STRICJ'
SCAVENGER WASTE
TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECJ' NO.
C-36-1120-03
COUNTY OF SUFFOLK
STATE OF NEW YORK
55:
Patricia Wood, being duly sworn, says thot she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
o public newspaper printed at Southold, in- Suffolk County;
ond that the notice of which the annexed is 0 printed copy,
has been published in said Long Island T raveler-Watch-
I
man once each week far ........................................weeks
cJ v,
successively, commencing on the ...........1.7.':..................
day of .".:.........~.~::~.7-........:......., I9..tt
r\ /\_-- . l c > t (
~. .:~r~~~""'-O;-;7;;";--;~.......................;........ ..............
The work includes furnish-
ing of all labor, materials and
equipment necessary for coOM
struction of the treatment
facility, which consists of the
following:
CONTRACJ' NO. 1- GEN-
ERAL CONSTRUCJ'ION
and MECHANICAL WORK
CONTRACJ' NO.2. HEAT.
ING, VENTILATION & AIR
CONDmONING (HVAC)
CONTRACJ' NO:'~
PLUMBING '
CONTRACJ' NO. 4-
ELECTRICAL
A deposit of 5100.00 pay-
able to the Town of Southold
will be required for a set of
Plans: and SpeCifications. In.
formation to Bidders, Invita-
tioIl tbr Bids, iJlstnactions to '
8Iddets, Form at ProIlosaI,
.., - -..... TII' -,-... ---T.-.-.....
ues,{l!(] eUO
ClY"ON" J.S
/7~
Sworn to before me this ................................ doy of
.........-f.~."(.-:?:J........., 19....'(:.'
.............~.~..2i~..................
Notary Public
CLf:~-/l'::rF J, ;.,O\~PSON
NOT>Tf :-.i;il..:C, S:.at\~ oi New York
~)2-td21 '725
in Suffol~. CoUi"lty V
H'<~D. 03
.
..
'A'N 10 9181S p&J9ISIB9l:l
II\l :>I.1SOND"'O 33Y::I
I 'lwdsauIBf 'on xOlI 'O'd
,83: 3:3:lId
d lSOd PUg aJC(
papuo!'f "TIn H \f
NOTICE TO BIDDERS
PLEA,SE TAKE ,NOTICE
thaI .w, hicli will be--
recetfe4 ill' ,1Ilc' T_ Board.
Town~, on loehalf of
lIIe.$outholcl W ISteWater Dis-
poal District. in Town Hall,
53095 Main Road~Southold.
New York, tt971,"nol'!ater
Ihan 11:00 A.M. prevailing
time on Tyesday. Febrlll\fY 21,
1984, al which time Ihey. will
be publicly opened and read
aloud, for the following pro-
ject:
TOWN OF SOUTHOLD
W ASTEW ATER DISPOSAL
DISTRICT
SCAVENGER WASTE
TREATMENT FACILITY
GREENPORT. NEW YORK
FEDERAL PROJECT NO.
C-36-1120-03
COUNTY OF SUFFOLK
STATE OF NEW YORK
ss:
Patricia Wood, being duly sworn, says thot she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Sauthold, in Suffolk County;
and that the notice of which the annexed is 0 printed copy,
has been published in said Lang Island Traveler-Wotch-
I
man once each week far ........................................weeks
/ ",' <Z
successively, commencing on the .............?....................
,]
day of .....................~:X;::.;.~';;~;.7?..........., 19..~.
&.,1._.u..~..,.:...........................l...:.....:.....~..C:...
The work includes furnishM
Ing of all labor, materials and
equipment necessary' for conM
struction of the treatment
facility, which consists of the
following:
CONTRACT NO. 1- GEN-
ERAL' CONSTRUCTION
anq MECHANICAL WORK
CONTRACT NO.2- HEAT-
ING. VENTILATION,1e AIR
C01'4DlJ:loi'lII>lG (iVAQ
CO~Act: NO.. .:,!
PLUMBINGi
CONTRACT NO. ..-:'
ELEtTIucAL
A deposit of $100.00 pay.
able to the Town of..50uthold
will be "SR.~d for'". set of
Plans ,lllI8IlI!Ijlecifications. In-
for~on 10 1lid4'l!:~ Invita-
tion ftlr Bjds. ~triietions to
BidcIIln. Form of Proposal.
Bid Conditions. Farm of Coo-
tract, P1anllDd Spedflcatlons.
- -... . - .-
.JElS All(] SUO
JY'lfON'lf J.S
J9z-/.
Sworn to before me this ................................ doy of
...............)J:':f.~'7......., 19.....-:..'/
...........4.R..!O\-'I.!.rf:-.~,~....................
Notary Public
C~qi..';f~~.,... j ~ CI"'.Hltl50N
Nn~fi';" (:' - .,..~:~w licrk
, .If
.
'A'N jO 9181S pe.l9ISI6el:l
W OI.1SOND'lfIO 33Y:I
I 'l-IOdsaulllf 'on x08 'O'd
~S:iI :iI:iI'Hd
:d lsod pUll aJ,{
STATE OF NEW YOPK:
SS:
COUNTY OF SUFFOLK:
JGDITII T. TERHY, Town Clerk of the Town oJ Southo1d.
New York, b()ing duly sworn, says that she is over the age of
twenty-one years: that on the 18th__day of
January
1984
she affixed a notice of which the annexed printed notice is a
true copy, in a proper and substantial manner, in a most Duhlic
place in thc Town of Southold, Suffolk County, New York, to wit:-
Town Clerk Bulletin Board, Town Clerk Office, Main Road.
Southold, New York 11971
Notice to Bidders - General construction and mechanical work
Heating, ventilation & air conditioning
Plumbing
Electi rcal
Town of Southold, Wastewater Disposal District, Scavenger Waste
Treatment Facility, Greenport, New York.
Federal Project No. C-36-112(}-03
Bid opening: 11:00 A.M. - February 21, 1984, Southold Town Hall.
/; ,",,((_ c--;t '. _../ ~;:f:.:. f /-:/ /
,Judi th T. Terry //
Southold Town Clerk
Sworn to be before me this
18th day of January, 1~
{-(7,J ' ; .--h-t;- /i rl/lJ - t1 II
~~.r1~1:~~}~~Wi:- r M -I' fn
EUZABETII ANN IlE'IIllE
NOTARY PUBUC. SIIlII of New Vorll
No. 52.8125850, SufIoIk CIluJdI,
Term Expil1S Morell 30, 19~
<ll
~ . SENDER: Complete Uems 1, 2, 3, and 4.
~ Add your address;n the "Rl"TURN TO" space
_!! on reverse.
Ii' (CONSULT .. .. IH'~ FEES)
i 1. The following ~'is '!'ll~-(che.;k one).
Dl Show to w~"'" a.d cIO~ d'eliv=\l....................
o Show to wboifi. date. aadiuJdresscf delivery..
2.0 RESTRlcrm:> DELWERY ;,'
(17Je restrictedyM!!'!ry fee is clrorgaJ ill Qddidon to
the mum 1'eCe1p1/k.) . -... .
-,
--4
--4
.'
TOTAL
~
3. ARTICLE ADDRESSED TO:
" Att: Harry Gang
~ New York Times
C! 229 West 43rd Street
~ work New York 100 6
:II 4. TYPE OF SERVICE: ARlJCLE NUMBER
~ 0_ OINSURED
,. OICcn.rcu 0 COD
;:; 0 EXPIIE8S .....
S (-.,s obtain IIgnature of __ or agent)
iii I have received the article described above.
~ 51:ruRE Addressee 0 Authorized agent
m
p
P04 0346409
I
"
~ &. ADDIIESSEE'SADDRESS(OnlyifrwJlltsfed1
"
n
m
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ii
m
"
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.
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/-~'~;.L:\ _;
'.~'''!
(.,..::. \
'op ,
<:9,*
:0: d'.'
-f \ ',-
'.
'-'--
7. UNABLE TO DEUVER BECAUSE:
7.. EIIPLOYEE'S
. INITIALS
,
~
c-,
:~
~.,{ ..,/
.
\
\
.L,t'
tr\
~ .'
Attn: Harry Gang
New York Times
229 West 43rd Street
New York, N. Y. 10036
U :::
"
/,
,,-
-- Ii
~
;1'
-",' ,"",
..,:--~ ,. ---,',;
-' ,"=-..-,
TOl{l.L POSl;\GE~NQf~"---
/' POSTMARK OR DATE
x
~
.
L.-:('/<<- .3~;-!/ -..:37,10
'.
.
JUDITH T, TERRY
TOV.N (!.I.R/\.
RH;ISTRAR OJ VITAL Sr.\TI'>TJCS
Town Hall. 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE
(516) 765-1HOl
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
January 13, 1984
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
New York Times
229 West 43rd Street
New York, New York 10036
Attention: Harry Gang
Dear Mr. Gang:
Attached hereto is a Legal Notice, Notice to Bidders, which
is required to be published in the New York Times on Thursday,
January 19, 1984.
Please send two (2) affidavits of publication to my attention
following the publication.
I am enclosing herewith a voucher of the Town of Southold
which must be completed by you and submitted to my attention
when you send your billing for this notice.
Very truly YiJurs,
,~ ' "/ ~..:-----;
.:;:;r-"-fil-Z/L ~/ 'c./",,- 2 ~r-
Judith T. Terry
Southold Town Clerk
Enclosures (2)
.
..
.
.
.
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the
Town Board, Town of Southold, on behalf of the Southold Wastewater
Disposal District, in Town Hall, 53095 Main Road, Southold, New
York, 11971, not later than 11:00 A.M. prevailing time on Tuesday,
Febr:uary 21, 1984, at which time they will be publicly opened and
read aloud, for the following project:
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
The work includes furnishing of all labor, materials and equip-
ment necessary for construction of the treatment facility, which
consists of the following:
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
CONTRACT NO.2 - HEATING, VENTILATION & AIR CONDITIONING (H.V.A.C.l
CONTRACT NO. 3 - PLUMBING
CONTRACT NO. 4 - ELECTRICAL
A deposit of $100.00 payable to the Town of Southold will be
required for a set of Plans and Specifications. Information to
Bidders, Invitation for Bids, Instructions to Bidders, Form of
Proposal, Bid Conditions, Form of Contract, Plans and Specifications,
etc., may be seen at or procured from Southold Town Hall, 53095 Main
Road, Southold, New York, 11971, or the Office of the Engineer,
Holzmacher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140,
Melville, New York, 11747, after 11:00 A.M. prevailing time on
Thursday, January 19, 1984.
Bidders on this work shall be required to comply with the Presi-
dent's Executive Order Nos. 11,246 and 11,375. The requirements for
bidders and contractors under this order, which contains non-discrim-
ination in employment, and prohibits discrimination in employment re-
garding race, creed, color, sex or national origin are explained in
the Specifications. A Contract awarded under this Notice for Bids
is expected to be funded in part by a grant from the U.S. Environmental
Protection Agency. Neither the United States nor any of its depart-
ments, agencies or employees are or will be a party to this Notice
for Bids or any resulting Contract. This procurement will be subject
to regulations contained in 40 CFR 33.295, Subparts F and G.
BY ORDER OF THE TOWN BOARD
TOw~ OF SOUTHOLD
SOUTHOLD, NEW YORK
!':B - 1 of 1
.
/
i.
~...... HOLZMACHER, McLENDON & MURRELL, P,C
. ILf91a CONSU~ Tl~ fNalNffM.INIIIM)NMIWT..... ~"TII"'_ 'VoNNlRl
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the
Town Board, Town of Southold, on behalf of the Southold Wastewater
Disposal District, in Town Hall, 53095 Main Road, Southold, New
York, 11971, not later than 11:00 A.M. prevailing time on Tuesday,
February 21, 1984, at which time they will be publicly opened and
read aloud, for the following project:
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
The work includes furnishing of all labor, materials and equip-
ment, necessary for construction of the treatment facility, which
consists of the following:
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
CONTRACT NO.2 - HEATING, VENTILATION & AIR CONDITIONING (H.V.A.C.)
CONTRACT NO. 3 - PLUMBING
CONTRACT NO. 4 - ELECTRICAL
A deposit of $100.00 payable to the Town of Southold will be
required for a set of Plans and Specifications. Information to
Bidders, Invitation for Bids, Instructions to Bidders, Form of
Proposal, Bid Conditions, Form of Contract, Plans and Specifications,
etc., may be seen at or procured from Southold Town Hall, 53095 Main
Road, Southold, New York, 11971, or the Office of the Engineer,
Holzmacher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140,
Melville, New York, 11747, after 11:00 A.M. prevailing time on
Thursday, January 19, 1984.
Bidders on this work shall be required to comply with the Presi-
dent's Executive Order Nos. 11,246 and 11,375. The requirements for
bidders and contractors under this order, which contains non-discrim-
ina1:ion in employment, and prohibits discrimination in employment re-
garding race, creed, color, sex or national origin are explained in
the Specifications. A Contract awarded under this Notice for Bids
is expected to be funded in part by a grant from the U.S. Environmental
Protection Agency. Neither the United States nor any of its depart-
ments, agencies or employees are or will be a party to this Notice
for Bids or any resulting Contract. This procurement will be subject
to regulations contained in 40 CFR 33.295, Subparts F and G.
BY ORDER OF THE TOWN BOARD
TOWN OF SOU'I'HOLD
SOUTHOLD, NEW YORK
NB - 1 of 1
.
111!lITII T. IIRRY
TOWN CUil{ I\.
RF(;ISTRAR OJ-' \'n,\! SI \11.'iTI('S
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
.
Town Hall, 53095 Main Road
P.O. Box 728
Southol". New York 11971
TELFPHONE
(516) 765-1801
PLEASE PUBLISH ONCE, JANUARY 19, 1984, AND FORWARD TWO (2)
AFFIDAVITS OF PUBLICATION TO: JUDITH T. TERRY, TOWN CLERK,
TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971.
Copies to the followi ng:
The Suffolk Times
The Long Island Traveler-Watchman
The New York Times
Town Board Members
Town Clerk's Bulletin Board
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ACHER, McLENDON & MURRELL, P,C
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the
Town Board, Town of Southold, on behalf of the Southold Wastewater
DispDsal District, in Town Hall, 53095 Main Road, Southold, New
York, 11971, not later than 11:00 A.M. prevailing time on Tuesday,
February 21, 1984, at which time they will be publicly opened and
read aloud, for the following project:
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
The work includes furnishing of all labor, materials and equip-
ment necessary for construction of the treatment facility, which
consists of the following:
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND HECHANICAL WORK
CONTRACT NO.2 - HEATING, VENTILATION & AIR CONDITIONING (H.V.A.C.)
CONTRACT NO. 3 - PLUMBING
CONTRACT NO. 4 - ELECTRICAL
A deposit of $100.00 payable to the Town of Southold will be
required for a set of Plans and Specifications. Information to
Bidders, Invitation for Bids, Instructions to Bidders, Form of
Proposal, Bid Conditions, Form of Contract, Plans and Specifications,
etc., may be seen at or procured from Southold Town Hall, 53095 Main
Road, Southold, New York, 11971, or the Office of the Engineer,
Holzmacher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140,
Melville, New York, 11747, after 11:00 A.M. prevailing time on
Thursday, January 19, 1984.
Bidders on this work shall be required to comply with the Presi-
dent's Executive Order Nos. 11,246 and 11,375. The requirements for
bidders and contractors under this order, which contains non-discrim-
ination in employment, and prohibits discrimination in employment re-
garding race, creed, color, sex or national origin are explained in
the Specifications. A Contract awarded under this Notice for Bids
is expected to be funded in part by a grant frone, the U. S. Environmental
Protection Agency. Neither the United States nor any of its depart-
ments, agencies or employees are or will be a party to this Notice
for Bids or any resulting Contract. This procurement will be subject
to regulations contained in 40 CFR 33.295, Subparts F and G.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
SOUTHOLD, NEW YORK
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NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the
Town Board, Town of Southold, on behalf of the Southold Wastewater
Disposal District, in Town Hall, 53095 Main Road, Southold, New
York, 11971, not later than 11:00 A.M. prevailing time on Tuesday,
February 21, 1984, at which time they will be publicly opened and
read aloud, for the following project:
TOWN OF SOUTHOLD
WASTEWATER DISPOSAL DISTRICT
SCAVENGER WASTE TREATMENT FACILITY
GREENPORT, NEW YORK
FEDERAL PROJECT NO. C-36-1120-03
The work includes furnishing of all labor, materials and equip-
ment necessary for construction of the treatment: facility, which
consists of the following:
CONTRACT NO. 1 - GENERAL CONSTRUCTION AND MECHANICAL WORK
CONTRACT NO.2 - HEATING, VENTILATION & AlE CONDITIONING (H.V.A.C.)
CONTRACT NO. 3 - PLUMBING
CONTRACT NO. 4 - ELECTRICAL
A deposit of $100.00 payable to the Town of Southold will be
required for a set of Plans and Specifications. Information to
Bidders, Invitation for Bids, Instructions to Bidders, Form of
Proposal, Bid Conditions, Form of Contract, Plans and Specifications,
etc., may be seen at or procured from Southold Town Hall, 53095 Main
Road, Southold, New York, 11971, or the Office of the Engineer,
Holzmacher, McLendon & Murrell, P.C., 125 Baylis Road, Suite 140,
Melville, New York, 11747, after 11:00 A.M. prevailing time on
Thursday, January 19, 1984.
Bidders on this work shall be required to comply with the Presi-
dent's Executive Order Nos. 11,246 and 11,375. The requirements for
bidders and contractors under this order, which contains non-discrim-
ination in employment, and prohibits discrimination in employment re-
garding race, creed, color, sex or national origin are explained in
the Specifications. A Contract awarded under this Notice for Bids
is expected to be funded in part by a grant from the U.S. Environmental
Protection Agency. Neither the United States nor any of its depart-
ments, agencies or employees are or will be a party to this Notice
for Bids or any resulting Contract. This procurement will be subject
to regulations contained in 40 CFR 33.295, Subparts F and G.
BY ORDER OF THE TOWN BOARD
TOWN OF SOUTHOLD
SOUTHOLD, NEI'T YORK
NB - 1 of 1
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HOLZMACHER, McLENDON and MURRELL, P,C, . CONSULTING ENGINEERS, ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE. N,Y, 11747.516-752-9060
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January 11, 1984
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Supervisor Francis I. Murphy
Town of Southold
53095 Main Road
Southold, New York 11971
Re: Southold Scavenger Waste Pretreatment Plant
SOHT 83-02 (C36-l120)
Dear Supervisor Murphy:
Per our telephone conversation, I am enclosing the Notice to
Bidders for Contracts 1 through 4 on the above referenced
project. This Notice to Bidders should appear in both the
local paper and the New York Times in order to meet the New
York State Department of Environmental Conservation's re-
quirements. Since at least thirty days' public notice prior
to bidding is required, we suggest the following dates:
Advertisement date of January 19, 1984.
Bid date of February 21, 1984.
Please secure from the above newspapers Affidavits of Publi-
cation and the appropriate receipts, since these costs are
eligible for Federal and State aid under the Town's admini-
strative costs line item.
Should any questions arise regarding the enclosed, please
contact me at your convenience.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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-Gary~. Loesch, P.E.
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Enclosure
cc: Robert W. Tasker, Esq.
Melville. New York. Farmmgdale. New York. Riverhead. New York
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HOLZMACHER, McLENDON and MURRELL, P.C" . CONSULTING ENGINEERS. ENVIRONMENTAL SCIENTISTS and PLANNERS
125 BAYLIS ROAD, SUITE 140, MELVILLE, N,Y, 11747.516-752-9060
January 11, 1984
Mr. Gary Kline
New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233
Re: Southold Scavenger Waste Pretreatment Plant
SOHT 83-02 (C36-ll20l
Dear Mr. Kline:
Pursuant to NYSDEC's letter of November 18, 1983, it is an-
ticipated that the Town will advertise this project in the
New York Times, as well as in the local Town paper, on
Thursday, January 1~, 1984. It is anticipated that the bid
date will be set for Tuesday, February 21, 1984. The above
dates are subject to the Town passing a resolution to per-
form same on Tuesday, January 17, 1984. I am enclosing a
copy of the Notice to Bidders.
If the above is not acceptable, please call me.
Very truly yours,
HOLZMACHER, McLENDON & MURRELL, P.C.
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Gary E. Loesch, P.E.
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Enclosure
cc: Supervisor Francis I. Murphy ~-"".,,'~.
Robert W. Tasker, Esq.
Mr. John Licata, P.E.
Mei~ille_ New Yor~ . Farm\ngdale. New Yorl< . RI~echead, New York