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HomeMy WebLinkAboutWell Drilling Services for Town Landfill (2) JUDITH T. TERRY - Town Hall, 53095 Main Road TOWN CLERK !< P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 21 , 1991 Louis H. Zachman R & L Well Drilling 31 Union Avenue Islip, New York 11751 Re: Town of Southold Well Drilling Services Dear Mr. Zachman: In accordance with the enclosed certified resolution of the Southold Town Board, I am enclosing herewith your Five Percent Bid Bond, dated January 24, 1991, $64,510.00 Payment Bond, dated March 12, 1991, and $64,510.00 Performance Bond, dated March 12, 1991, all with respect to your contractor services for construction:.of Monitoring Wells at the Southold Town Landfill site, Cutchogue, New York. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: T.F.Maher, Dvirka 6 Bartilucci �oc��FF 0[K��Gy JUDITH T. TERRY < Town Hall, 53095 Main Road TOWN CLERKv= T P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Lrs Southold, New York 11971 MARRIAGE OFFICER yO Fax (516) 765-1823 Telephone (516) 765-1801 1 ,Y• 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 AUGUST 13, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes the release of the performance bonds of R & L Well Drilling, placed with the Town for the satisfactory performance of their well drilling services at the Southold Town Landfill, all in accordance with the recommendation of Dvirka and Bartilucci, the Town's Engineers, who have advised that R & L Well Drilling have satisfactorily completed the installation of the monitoring wells. Judith T. Terry Southold Town Clerk August 14, 1991 3 e� Intern ationakidelity Insurance Copany 24 COMMERCE STREET NEWARK, N. J. 07102 KNOW ALL NEN BY THESE PRESENTS: That we, the undersigned, R & L Well Drilling 31 Union Avenue, Islip, NY 11751 as Principal, and THE INTERNATIONAL FIDELITY INSURANCE C%TANY, a corporation of the State of New Jersey, as Surety, are held and firmly bound unto Town of Southold. in the penal sum of Five Percent of Bid Amount (5% Bid Am t.T 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 24 day of Jan. 19 91 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 Well drilling surfaces for Southold Landfill . NOW, TUEREFORE, (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. 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 time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. 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. Signed, sealed and delivered in the presence of: ATTEST: ��� ��� � R & L Well Drillin inc ip t ATTEST:,,-\- ��' �i i INTEOVAL LITY INSURANCE CO. By: / A .0AX d r wyZSCquilly da of-- -- ------- ---• 19--- More me personally came On E, this-- ------- ----- o � -- to me known, :a g _ _ — 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 Public State of /►= �' _ ss. County of S7,1 On this �( �' �/ -day of 19 (�,before me personally came to me known and known to me a' o to be a member of the f irm of -� described in and who executed the{gpgp�r�nt,and he thereupon acknowled a to me that he executed the same as and for the act and deed of said firm. P'otary Public,State of New York 01-1z;ified in Suffolk Co.,No.47::6552 !crnn,iss.c:;Expi � res August?1, 19 Z My commission expires Notary Public State of ss. County of On this day of , 19 before me personally came to me known, 3 who being by me duly sworn,did depose and say that he is the � g of the corporation described in and which executed the above instrument;tlsat 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. My commission expires - - - - - - ---- --- - -------- - - - - -- -- - - -- - - Notary_ublie --- - - - - -- -- _ _ State of New York ss. County of New York On this 24th day of Jan. , 19 9 1 ,before me personally came e John E. Maher to me known,who,being by me duly sworn,did depose and say that he is an attorney-in-fact of International Fide 1 i ty Ins �rrance Company it the corporation described in and which executed the within instrument;that he knows thecorporate seal of said corporation;that the seal affixed to the within instrument is such corporals seal,and that he signed dne saidinstrument andaffixed the said seal as Attorney•in•Fact by authority of the Board of Directors of said corporation and by authority of 3411soffice under the Standing Resolutions thereof. C CARMAN ,yew York N 'tart' C1CA5S17975 G 10. a„�� u County 3 1 C My commission expires ExFiree jam, a,, 1 . Notary Public tbtrutAsa FORM N 11 25M S/Aq : I-NTERNATIONAL FIDOITY INSURANCE COMPAQ 24 COMMERCE ST., NEWARK, NEW JERSEY 07102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1990 ASSETS 1990 Bonds(Amortized Value) ...... .... . . .. .. . . . . . ... .. ... . 552,179,299 Preferred Stock .. .. . .. . . . . . .. . . .. . 500,000 Common Stocks.(Market Value) ... .... . . . .. .. .. . .. . . . . .. 1,101,731 Mortgage Loans on Real Estate .... . :. .. . . . . . . . . . . . . . . . 84,709 Real Estate .. . . . . .. . . . ... . .... .. . . . . . . . . . . . . . . . . . . . . . 57,440 Cash & Bank Deposits . .. . .... .. . . . . . . . . . . . . . . . . . . . . . . 6,1 19,898 Short Term Investments 3,157,197 Unpaid Premiums & Assumed Balances . . . . . . . . . . . . . . . . . 1,186,084 Reinsurance Recoverable on Loss Payments . . . . . . . . . . . . .. 1,544,112 Federal Income Tax Recoverable .... .. .. . . . . . . . . . . . . . . . 336,000 Electronic Data Processing Equipment . . .. ... . . . . . . . . . . .. 279,331 Interest & Dividends Due and Accrued . . . . . . . . . . . . . . . . . . 1,197,161 Funds Held in Escrow Accounts .. . . . . . .. . . . . . . . . . . . . . . . 7,957,522 Collateral Funds Held Under Contract . . . .. . . . . . . . . . . . . . (7,957,522) Contract Balances Due and Unpaid . . . . . .. . . . . . . . . . . . . . . 235,508 Prepaid State & Local insurance Taxes . . . . . ... . . . . . . . . .. 23.783 TOTAL ASSETS ... .. ..... . . .. . . . . . .. . . . . . . . . . . . . 68.002.253 LIABILITIES, SURPLUS & OTHER FUNDS Losses (Reported losses net as to reinsurance ceded and incurred but not reported losses) ... .. .. .. .. .. .. ... . . . . 25,911,562 Loss Adjustments Expenses ... ..... . . . . . . . . .. . . . .. . . . . . 8,922,887 Contingent Commissions &Other Similiar Charges ... . . . . 150,447 Other Expenses(Excluding taxes, licenses and fees) .. . . . . . . 79,210 Unearned Premiums ... ............. .. . ... .... . .. . . . .. 16,826,222 Funds Held by Company Under Reinsurance Treaties . . . . . 66,877 Amounts Withheld by Company for Account of Others . . .. 13,713 Liability for Unauthorized Reinsurance ... . .. ... ... . . . .. . 911,756 Liability for Uncashed Checks .. . ...... . . . . . .. . .. .. . . . . . 57 TOTAL LIABILITIES ........ . ..... . ...&. ' ... . . . . . . 52.882,?31 Common Capital Stock ................ .......... . .... 1,330,000 Preferred Capital Stock .......... .. .. . .. . . . . ... .. . . . .. 1,200,000 Gross Paid-in & Contributed Surplus .. . .. . .. .. . . .. .. . . . . 544,600 Unassigned Funds (Surplus) ......... . .. . .. ...... .. . . .. 12.044.922 Surplus as Regards Policyholders ... ... .. ..... .... . . . 15.119,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68.002,253 1, 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 the close of business, June 30, 1990, 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, 1 have set my hand and affixed `%IY the seal of the Company, this August 9, 1990. o�POR4 9y L (^ cr"M) INTERNATIONAL FIDELITY INSURANCE COMPANY :c 1904 0 President , T}:0 IY011 621-7200 ., , POVAR OF ATTORNEY INTERNATIONAL FIDELITY INSi;RANCE COMPANY 110\IE OFFICE: 24 COMMERCE ITREF.T \E"ARK. \};11 JER`F1 (171112 110\1) MO. KNOW ALI. MEN BY THESE PRESENTS: That INTERNATIONAL FIUELITI' INSLIt%NC}.COMPANY. wtorlx.rJtion orcani/ed attd eki,amg under the let„ of the Sta(c of Ncw 1er,e). and haling its Principal office in the Cit\ til Newark New Jcr-cs. J­e, herehy con,titute and app.nnt ARNOLD MELMAN. JOHN E. MAKER. RAYMOND C. CARMAN , JANICE FISCINA NEW YORK, NEW YORK '' its true and lawful attorneys)-in-fact to execute.seal and deliver for and on its behalf as surety.am and all hands and undertakings.contracts of indemnity and other w risings obligatory in the nature thereof,which are or may be allowed.required or permitted by law.,tatute.rule.regulation.contract or otherwise,and the execution of such instrument(s) in pursuance of these presents. shall he 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 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 hald 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 esecute tin behalf of the Company.and attach the Seal of the Company thereto.bonds and undertakings. contracts of indemnity and other writings obligatory in she nature thereof and. iZ) To remove. at any time. any such Attorney-in-fact and revoke the authority gisen. Further.this Power of Atthoney is signed and sealed by facsimile pursuant to resolution of the Board of Director%of said Company adopted at a meeting duly callcJ and held on the 4th day of February. 1975 of which the followiAg is true e%cerpc �nw therefore the signatures of such officers and the,cal of the Company may he affixed to an, •u:h power of attorney or aw.certificate relating thereto by fac,imde. and am such power of attorney or ceniftcate bearing such fac,imile ,ignaturc,or facsimile ,cal ,hall he valid and binding upon the Company and am su:h power ,o csecuted and certified by facsimile signatures and facamile,cal shall be tali)and hinding uCm the Company in she future with respet,t to any bond or undertakmc to which it is attached. IN TESTIMONY WHEREOF. INTERNATIONAL FIDELITI INSURANCE COMPANY has cawed thi,instrument to he siiincd and its corporate seal to he affixed h% its authorized officer. thi, 1,1. day of Nay. A.D. 1996. \VC TY 1 . p &. INTERNATIONAL FIDELITY INSURANCE CONIPA\Y SM n t l� in STATE OF NEW' JERSEI' : f p County of Essex Executive Vice President 9 On this Ist. da% of Nlay 1986. before me came the indrs idual who executed the preccJine in•,rumcnt. to me personally known.and. heing by me duh ,worn. Nawthat he a the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE CO�IPANI': that the seal alfited to said in,trumen: is the Corporate Seal of said Company: that the said Corporate Scal and hi, signature were Jul, affixed by order of the Board of Director, of .aid Company '�� J•`t^ IN TESTIMONY WHEREOF. 1 ha,c hereunto set my hand .tr,i affsed m, Official Serf. as she City of Newark. New Jcrsey the dal and year fires .ih„c written 0 - < NIOTA RY �u,'� lot' • n r A NOTARY PUBLIC PNEW JERSEY oe �L.�r• Sly Commission Expires November 23. 1992 """•'''�� CERTIFICATION 1. the undersigned officer of I\"TBRNATiONAL FIDELITY INSURANCE COMPA\1'do hereby cenifs that I have compared the foregoing copy of the Power of Attorney and affidavit.and the copy of the Section of the By-Lases of said Company a, ,ei i;mh in said Power of Attorney. with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY. and that the sarric are correct transcripts thcrerl, and of the whole of the said originate, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF. 1 have hereunto set my hand this day of 19 24th Jan. 91 co INTERNATIONAI. FIDELITY INSURANCE COMPANY SUITE 333 % 24 COMMERCE STREET NEWARK. NEW JERSEY 07102 TELEPHONE, 624.7200 AREA CODE 201 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): R & L Well Drilling International Fidelity Insurance Company 31 Union Avenue 24 Commerce Street Islip, New York 11751 Newark, New Jersey 07102 OWNER (Name and Address): Town of Southold Town Hall 53095 Main Road Southold, New York 11971 CONSTRUCTION CONTRACT Date: March 12th, 1991 Amount: $64,510.00 Description (Name and Location): Well Drilling Services BOND N0. 866913-91 Date (Not earlier than Construction Contract Date):` March 12th, 1991 Amount: $64,510.00 Modifications to this Bond: 21 None O See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) R & L Well Drilling Interna nal Fidelity I su an Company Signature: Signature: N ^/ Name and Title: g Name and TiTil : John E. Maher, Attorney-in-Fact z o t!1 S /f Z 4 d R 7, PgeeT.d,Fie (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1984 ED. •AIA S THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312.1984 4 THIRD PRINTING•MARCH 1987 of ' 6 When the Claimant has satisfied the conditions the oindy and severally, the Surety shall promptly 1 The Contractor and the Surety, j 4, bind themselves, their heirs, executors, administrators, Paragraphwith a copy to Pay for labor, Surety's expense take the following actions: successors and assigns to the Owner to p Y 61 Send an answer to the Claimant, materials and equipment furnished for Which ise in1encorpo- the Owner, within 45 days after receipt of the claim, mance of the Construction Contract, stating the amounts that are undisputed and the basis rated herein by reference. for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed 2 With respect to the Owner, this obligation shall be null and void if the Contractor: amounts. 2.1 Promptly makes payment, directly or indirectly, The Surety g 's total obligation shall not exceed the for all sums due Claimants, and amount of this Bond,entis made n good faith by he Sund ll be etY. from claims, demands, liens or suits by any credited for any payments 2.2 Defends, indemnifies and holds harmless the owed by the Owner to the Contractor under Owner f .,,hose claim, demand, lien or suit is S Amounts erfor- person or entity the Construction Contract shall be used for the p for the payment for labor, lof the Con Construction fy claims, Wished for use in the performance r has romptly notified mance of the Construction trctionraPerformancand to esBond* By provided the Owct l P if any, under any Contract, p at the address the Contractor furnishing and the Owner accepting this the Contractor and 12) Surety claims, demands, Bond,they agree that all funds earned by the Contractor described in Paragraphin the performance of the Construction Contract are liens or suits and tendered defense of such claims, dedicated to satisfy obligations tr the Contractor and prior- demandsliens provided suits ere is no to Owner Default-t-the Contractor and the the Surety under this Bond,subject tooh ofthe othewn work. Surety, a P to use the funds for the comp 3 With respect to Claimants, this obligation shall y itynts null and void if the Contractor promptly makes paY- indirectly, for all sums due. 9 The Su others for obi obligations of the Contractothat rare ulnrelatma - ment, directly or or ofThe hall have nl not be o obligation to Claimants ed to the e Construction ti Contrany or expensesofof anly Claim- 4 The Surety s liable payment under this Bond until: or,have a direct ant under this Bond,and shall have notices hon behalf of, or by ations to make payments to, g 4,1 Claimants who are employediven notice to the g contract with the Contractor have g h 12)and otherwise have obligations to Claimants under this Bond. co change, Surety(at the address described in Paragraph hereby waives notice of any sent a copy, or notice thereof, to the Owner, stating that a claim Is being changes of time, to the Construction Contract made under this Bond and,with 10 The Surety t contract or to related subcontracts, purchase orders and other substantial accuracy, the amount of the claim. including 4.2 Claimants who do not have a direct obligations. with the Contractor: 11 No suit or action shall be commenced by a Claimant Have furnished written notice to to of°to under this Bond other than in a court ork or f competent the .1 or not diction in the location in `Nh' of on year from the tractor and sent a copy, the Ow work is located or after the expiration Wer, within 90 days after having last formed labor or last furnished materials h date(1)oh which the Claimant gave the notice required Y Subparagraph 4.1 or Clause 4.2.3, or(one or the last) on which tmatse equipment included in the claim stating, labor or service was performed by any Con- substantial accuracy,the amount°whomthe ) the rials or equipment and the name of the p rt)/ were furnished by anyone under the on- supplied or for struction Contract whichever of(1)or(2)first occurs. ifthe materials were furnished or erformed; and Provisions of this Paragraph are void or prohibited by whom the labor was done or p Period of limitation available to surellcable. .2 Have either received a rejection in whole or the minimum Pe from the Contractor, or not received defense in the jurisdiction of the suit shall be aPP Contractor in part the above no- within 30 days of furnishing communication from the Contractor 12 Notice to the Surety, the Owner or the tice any shall be mailed or delivered to the address shown on the urety, the by which the Contractor i ty or indirectly and signature page. Actual receipt of notice bplished, shall claim will be p Owner or the Contractor, however accomp ,3 Not having been paid within the above 30 be sufficient compliance as of the date received at the days,have sent a written notice Paragraph the Surety 2)and address shown on the signature pag e. (at the address o dnot ce hed i ereoffte 1pvvnhi has been to coff sent a copth a y, is being made under this 13 When this oBef egal equirement m he location where statingstating that a claim a copy of the previous statutory performed,as to be any Provision in this Bond and enclosing Bond conflicting with said statutory or legal requirement written notice furnished to the Contractor. the coconflicting deleted herefrom and provisions con- ra h 4 is given by the shall bed or other legal requirement shall Parag P for to such statutory 5 If a notice required by be deemed incorporated herein. The intent is that this Owner to the Contractor or to the Surety, that is suffi cient compliance. A3121984 5 OF ARCHITECTS'1735 NEW YORK AVE..N W.WASHINGTON.D C 20006 All DOCUMENT A-12TUTE FORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA THE AMERICAN IN57�eQrri 1987 4 • 4 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant:An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA a THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING 0 MARCH 1987 State of 1 ss County of ) c W On this day of 19 , before me personally came -5 o — Y to me known, Q 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 Public ------------------ State of 111r W xo !Q/ I County of J It F�O L /' ss. C 7W E On this day [�of / w"ee-A 19 9� , before me personally came cn E d L.� O /$ A/ Z �C,C,/04/1 LL c / hto me known and known to me C / / U L to be a member of the firm of W E L L / l L L i A/G Q 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. NOrRjAAWErLING Notary Public,State of New York — 0uslif;ed in SuffolkCo., No.47:;:1352 My commission expires r—mi—irn Fvi Lac 8— i^1 1� q Z ------------------------------------ ------------ Not ------------------ State of ss. County of On this day of 19 , before me personally came c Wo E v to me known, . d °n o who being by me duly sworn,did depose and say that he is the V Y Q 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 affixed by order of the Board of Directors of said corporation,and that he signed his name thereto by like order. My commission expires ---------------------------------- Notar Public - ---------------------------------- State of New York County of New York }ss. On this 12th day of March , 19 91 before me personally came d o, John E. Maher to me known, who, being by me duly sworn,did depose and say that to ohe is an attorney in fact of International Fidelity Insurance Company the corporation described in and which executed the within instrument;that he knows thecorporate seal of said corporation;that the seal Q affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed 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 S aping Resolutions thereof. My commission expires FORM # 1-� Notary Public INTERNATIOi &IDELITY INSURANCE ! MANY 24 COMMERCE ST., NEWARK, NEW JERSEY Oi 102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT J U N E 30, 1990 ASSETS 1990 Bonds(Amortized Value) . . . . . . .. . . . . . . . . . . . . . .. . . . .. .. $52,179,299 Preferred Stock . . . . . . . . . . . . . .. . . . . . . . . ... . . .... . .. ... 500,000 Common Stocks (Market Value) .. . . . . . . . . . . . . . . . .. . . . .. 1,101,731 Mortgage Loans on Real Estate . . . . . . . . . . . . . . . ... . . . .. . 84,709 Real Estate . . . . . . . .. . . . . . . . . . . . . . .. . . . .. . . .. .. .. . . . .. 57,440 Cash & Bank Deposits . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 6,1 19,898 Short Term Investments . . . . .. .. . .. . . .. . . . . . . .. ... . .. .. 3,157,197 Unpaid Premiums & Assumed Balances . .. . . . .. . . .. . .... 1,186,084 Reinsurance Recoverable on Loss Payments ... . . .. . . . .... 1,544,112 Federal Income Tax Recoverable . . . . . . .. . . . . . . . ... . . . .. 336,000 Electronic Data Processing Equipment . . .. . . . . . .. . . .. . .. 279,331 Interest & Dividends Due and Accrued . . ... . . . . . . . . . . .... 1,197,161 Funds Held in Escrow Accounts . . . . . . . . . . . . ... .. . . . . . . . 7,957,522 Collateral Funds Held Under Contract .. . . . . . .... .. .. . .. (7,957,522) Contract Balances Due and Unpaid . . . . . . . . . . . ... .. . .. . . 235,508 Prepaid State & Local Insurance Taxes . . . . .. .. . . . .. . . . . . 23,783 TOTAL ASSETS . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. .. 68,002,253 LIABILITIES, SURPLUS & OTHER FUNDS Losses(Reported losses net as to reinsurance ceded and incurred but not reported losses) .. . . . . . . . . . . . . . . .. . . . . 25,911,562 Loss Adjustments Expenses .. . . .. . .. . . . . . . .. . . . . . . . . . .. 8,922,887 Contingent Commissions & Other Similiar Charges . . ... . . 150,447 Other Expenses(Excluding taxes, licenses and fees) . . .. .... 79,210 Unearned Premiums . . . . . . . . .... . .... .. . . . ... . . . . . .. .. 16,826,222 Funds Held by Company Under Reinsurance Treaties . . . .. 66,877 Amounts Withheld by Company for Account of Others .. . . 13,713 Liability for Unauthorized Reinsurance . .. .... . .. . .. . ... . 911,756 Liability for Uncashed Checks . .... . . . . . . ... ... .... . .. 57 TOTAL LIABILITIES . . .. ... . .. .... . . . . ... . . ..... . . 52,882,731 Common Capital Stock . . . . . . .. . . . . . . . . . . .. . ... .... . .. 1,330,000 Preferred Capital Stock . . . . .. . ... . . . . . . . . . . . .. . . . . .. . . 1,200,000 Gross Paid-in & Contributed Surplus . . . .. .. ... .. . . . . . .. . 544,600 Unassigned Funds (Surplus) .. . . .. . . . . . .. .. . .. ... .. . . .. 12,044,922 Surplus as Regards Policyholders . . . . . . . . . . .. . . . .. . . . 15,1 19,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68,002,253 1, 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 the close of business, June 30, 1990, 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, 1 have set my hand and affixed r �NSp� the seal of the Company, this August 9, 1990. �POR� 'y o! v� 9AI f� INTERNATIONAL FIDELITY INSURANCE COMPANY is 1904 + on yds y`w 10t President TEL:' (201)624-7200 POVY & OF ATTORNEYC INTERNATIONAL FIDELITY INSL:RANCE COMPANY HOME OFFICE: 24 COMMERCE VIRF.F.T NE." IRK. M.1% JERSFA 071112 itom) -,O. 866913-91 KNOW ALI. MEN BY THESE PRESENTS: That INTER-N:LTIO\AI-FIDELITY ENSLI1.1'sCF.COMPANY,asiorlvxatton organized ind existing under the la\s, of the State of New Jerscy. and haling it, principal office in the City III Newark New Jer-es. J-,c, hcrchy constitute and app.nm ARNOLD MELMAN, JON E. MAKER, RAYMOND C. CARMAN , JANICE FISCINA NEW YORK, NEW YORK its true and lawful attorneys)-in-fact to execute.seal and dcliycr for and on its behalf as,urea•.am and all bonds and undertakings,contracts of indemnity and other —rungs obligatory in the nature thereof,which are or maybe 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 he 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 of Article 1. -Section 3.of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and hald 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 1)To appoint Attorneys-in-fact.and to authorize them to execute on behalf of the Company.and attach the Sea)of the Company thereto.honds and undertakings. contracts of indemnity and other writings obligatory to the nature thereof and. 1=1 To remove. at any time. any such Attorney-in-fact and revoke the authority gisen. Further.this Power of Anhoney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly rallcJ and held on the 4th day of Fehruan. 1975 of which the followiAg is true excerpt: Now therefore the signatures of such officers and the scat of theCompan% may he affixed to ons -u:h power of attorney or any cerliticatc relating thereto by facsimile. and am such power of attorney or certificate bearing such facsimde signature .or facsimde seal shall he saltd and binding upon the Company and am su:h power executed and certified by facsimile signatures and facsimile.cal shall he salid and binding upm the Company in the future w tth reslt�t to any bond or tfndenakmt: to which it is attached. IN TESTPAONY WHEREOF.INTERNATIONAL FIDELITY INSURANCE,C011PANY has caused this instrument to he signed and its corporate seal to he affixed M its authorized officer. this Iseday of May. A.D. 1986. TY r (/ INTERNATIONAL FIDELITY INSURANCE CO51P1NY SEJIL c+ STATE OF NEW JERSEY s iW4 f f p County of Essex d �Jtlt►S � Executive Vice President 9 On this Ist. das of May 1986: before me came the indisidual who executed the preceding inorument. m me personalty known.and.being by me dull sworn. said that he is the therein descrihed and authorized officer of the INTERNATIONAL FIDEI-ITY INSURANCE CO�IPA.NY: that the seal affixed to said tnstrumen: is the Corporate Seal of said Company; that the said Corporate Seal and his signature were .lull affixed by order of the Board of Director, of said Company lit.#1 sl C'•.,• IN'TESTIMONY WHEREOF. I hast hereunto set my hon,; .,:d ,ifixed ms Official Seal. .��• -P at at the Cil of Newark. New Jcrsey the das and year first ah,sc written j < � QT-ARr .`u,x A NOTARY PUBLIC PNEW• E JERSEY J� 5�i�s My Commission Expires November 23. 1992 ~• """"' � CERTIFICATION 1. the undersigned officer of INTER-NATIONAL FIDELITY INSURANCE COMPANY do hereby cenify that I have compared the foregoing copy of the Powcr 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 HONE OFFICE OF SAID COMPANY. and that the same are correct transcripts thereof. and cif 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. IN TESTIMONY WHEREOF. 1 have hereunto set my hand this12 day of March 19 91 INTERNATIONAL FIDELITY INSURANCE COMPANY t; SUITE 333 24 COMMERCE STREET ' NEWARK, NEW JERSEY 07102 TELEPHONES 624.7200 cf5 =1 AREA CODE 201 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): R & L Well Drilling International Fidelity Insurance Company 31 Union Avenue 24 Commerce Street Islip, New York 11751 Newark, New Jersey 07102 OWNER (Name and Address): Town of Southold Town Hall 53095 Main Road Southold, New York 11971 CONSTRUCTION CONTRACT Date: March 12th, 1991 Amount: $64,510.00 Description (Name and Locaiion): Well Drilling Services BOND N0. 866913-91 Date (Not earlier than Construction Contract Date): March 12th, 1991 Amount: $64,510.00 Modifications to this Bond: L�NOne L'i See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) R & L Well filling Internat Wali Fidelity I sur ce Company Signature: '�� Signature: _ Name and Title:// and Ti ie G o u I S // Z.A G�0,, /�`�9�PT�/E�? John E. Maher, Attorney-in-Fact (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 - PERFORMANCE-BOND AND.PAYMENT BOND-DECEM8ER 1984 ED. -AIA a _ THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.\,1'., WASHINGTON. D.C. 20U1P6 A312-1984 1 THIRD PRINTING-MIACCH 1987 _ 1 which it may be liable to the Owner and, as 1 The Contractor and the Suretv, jointly and severally, soon as practicable atter the amount Is deter- bind themselves, their heirs, executors, administrators. mined, tender payment therefor to t r- successors and assigns to the Owner for the pertorrnance Owner, or of the Construction Contract,which is Incorporated herein 2 Deny liability in whole or in part and notity the by reference. Owner citing reasons therefor. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under under this Bond shall arise after: this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to-be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such 6 After the Owner has terminated the Contractor's right notice to discuss methods of performing the Construc- to complete the Construction Contract, and if the Surety tion Contract. If the owner, the Contractor and the elects to act under Subparagraph 4.1, 4.2, or 4.3 above, Surety agree,the Contractor shall be allowed a reason- then the responsibilities of the Suretv to the Owner shall able time to perform the Construction Contract, but not be realer than those of the Contractor under the n such an agreement shall not waive the Owner's right, if no be g eation Contract, and the responsibilities of the any,subsequently to declare a Contractor Default; and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor 6 2 Additional legal, design professional and delay selected to perform the Construction Contract in actor- costs resultingfrom the Contractor's Default. and re- dance with the terms of the contract with the Owner. suiting from e actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- 6.3 Liquidated damages. or if no liquidated damages pense take one of the following actions: are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-pertor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or '7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors: or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or qualified contractors acceptable to the Owner fora contract heirs, executors, administrators or successors. for performance and completion of the Con- struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence,to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor Default or within two years atter the Contractor ceased for Waive its right to perform and complete, arrange working or within two years atter the Surety refuses or fails reasonable promptness under the circumstances for completion, or obtain a new contractor and with to perform its obligations under this Bond,whichever oc- : curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED. - AIA it A312-1984 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W..WASHINGTON.D.C.20006 THIRD PRINTING-MARCH 1987 • 0 any amounreceived or to be reccivcd by able to surees as a defense in the jurisdiction of the suit the Owtractoroner in settlleme tint of insurance or other claims ;hall be applicable. for damages to which the Contractor is entitled. re- 10 Notice to the Surety,the Owner or the Contractor shall duced by all valid and proper pavments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Can- nature page. tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived,to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND-AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ,r THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEIV YORK AVE., N.W., WASHINGTON, D.C. M006 A312-19M 3 THIRD PRINTING• MARCH 1987 State of_ County of ss. c 19 , before me personally came E On this day of $' to me known, v _ i 3 � g owledged tome that a executed and known to me to be the individual described in and who executed the foregoing instrument and ackn the same. My commission expires Notary Public —— State of 1 ss. County of su f ) �J m �y of /'`h ICL 19 9/ ,before me personally came On this day E tq G to me known and known to me d 0 u iS z 7J �eiLL l ,✓G c v to be a member of the firm of Q described in and who executed the foregoing i;nst Lument,and he thereupon acknowledged to me at he executed the same as and ort e act and deed of said firm. �lc'ary'`ru�iiC, S!ac�ur `." J.`c �,if;ed n S.'nPk CO., -0`4; 1-s5 cc r^;moi^n r, My commission expires otary ———————— State of ss. County of On this day of 19 ,before me personally came to me known, m o E 91 who being by me duly sworn,did depose and say that he is the o c U �c Q of he the corporation described in and whihat it was so afuted the fixed xedove 'bytorder of the tBoakd of Dhectorls offssal d corporation,raation,and thathe l signed hiaffixed s said instrument is such corporate seal; name thereto by like order. My commission expires Notary Public —————_——— -- --------------------------- ------ - ------- State of New York ss. County of New York On this 12th day of March , 19 91 ,before me personally came m E John E. Maher to me known,who,being by me duly sworn,did depose and say that z � International Fidelity Insurance Company in 5 he is an attorney-in-fact of C the corporation described in and which executed the within instrument;that he knows the corporate seal of said corporation;that the sea affixed to the within instrument is such corporate seal,and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Dire,Gtors of said corporation and by authority of this office,under the Slanding Resolutions thereof. J t'Ji:f C� - My commission expires r ..-, ' Notary Public 1N'TE12NATIC 1'IllEL1TY INSURANCE<- 1PANY 24 COmwIERCE ST., NEWARK, NEW JERSEY'- , l 2 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT J U N E 30, 1990 ASSETS 1990_ Value $52,179,299 Bonds(Amortized ) • • • • • • • . '' ' ' ' ' ' 500,000 Preferred Stock . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ..• 1,1p1,731 Common Stocks (Market Value) . . . . . . . . .. . . .. ... .. .. . •• 84,709 Mortgage Loans on Real Esthte . . . . . , . • • • • •• • 57,440 Real Estate . . . .. . . .. . . . . . . . . . . . . . . . . . . .. ..• 6,119,898 Cash & Bank Deposits . . . . . . . . .. . . . • • " " " " 3,157,197 Short Term Investments . . . . . . . . . . . .. . . . . . . .. ••• 1,186,084 Unpaid Premiums & Assumed Balances , • • •• •••• ' '' '. ... 1544,1 12 Reinsurance Recoverable on Loss Payments . .... . . .. • ,336,000 Federal Income Tax Recoverable . • • • • • • • • ••• • •• • •' '' ' ' ' 279,331 Electronic Data Processing Equipment . . . • • • •• • • '' ' ' '' '' 197,161 Interest & Dividends Due and Accrued . . . • • •• • • •• ' ' ' '' '' 1 1 957,522 Funds Held in Escrow Accounts . . . . . . . . . . . . ... .. .. .. . .( 7 957,522) Collateral Funds Held Under Contract .. • • • •••••""" . 235,508 Contract Balances Due and Unpaid 23 783 Prepaid State & Local Insurance Taxes .. . . ..... . . ... .... TOTAL ASSETS . . . . . . .. . . . .. • • • " "" " ..• 68,002,253 LIABILITIES, SURPLUS & OTHER FUNDS Losses(Reported losses net as to reinsurance ceded and25 911,562 incurred but not reported losses) . . . . . . • • • •• • •• ' '.''' • g 922,887 Loss Adjustments Expenses .. . . . . . . . . . . . • • ••• •• ' '' '' ''. 150,447 Contingent Commissions & Other Similiar Charges 79,210 Other Expenses(Excluding taxes, licenses and fees) .••• •''' 16 826,222 Unearned Premiums ... .. ... ... . . . . ... . . .••• ••••'''' '' ,877 Funds Held by Company Under Reinsurance Treaties ..... 66 6713 Amounts Withheld by Company for Account of Others •••• Liability for Unauthorized Reinsurance . ... ... 911,756 57 Liability for Uncashed Checks . . ... . . . . .. . .... ... ...... . TOTAL LIABILITIES . . . .. . . . . . . .. . .. . . . ...... .... 52.882,731 Common Capital Stock . . . . . . .. . . . . . . . . •• •••••'''' ' ,.• 1,330,000 Preferred Preferred Capital Stock . . . . . . . ... . . . . . . . . .. . .. .. • • •• • ,544,600 Gross Paid-in & Contributed Surplus . . . .. .. .. . . ... . . . ... ''' 12.044,922 Unassigned Funds (Surplus) .• .• • • • • • • •• • ••• ,' ''' ''' 15,119,52 2 Surplus as Regards Policyholders . . . . . .. .. . .. . . . .... . TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68.53 1. PHILIP KONVITZ, President of INTERNATIONAL FIDELITY INSURANCE COMPANY, certify s, Liabilities, Surplus and Other Funds of this Company, at the that the foregoing is a fair statement of Asset its books and records and as reported in its statement on file close of business, June 30, 1990, as reflected by with the Insurance Department of the State of New Jersey. IN TESTIMONY WHEREOF, I have set my hand and affixed Y INSG� the seal of the Company, this August 9, 1990. ?, �". n, INTERNATIONAL FIDELITY INSURANCE COMPANY 0 1904 o yds sf� 'E91S� kC� President ( TTORNEf tP.r..1.01)62.8-7200 PO V� OF A INTERNATIONAL FIDELITY INSURANCE COMPANY Ilt)�It: ()FF[CF., 24 ('ONINIE:R(T STREET N1•:%% %RK. N01 JER.SE) 071112 BOND NO• 866913-91 KNOW ALI. MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY IN5LI1.1N0.COMPANY,aworptteat jon organized and c%i%ting under the LIN, tat the State of New Jersey. and ha\Ing its principal office in the Citi 111, N►N'arl NcN Jere>. Jute-- hereto cansutute and app.nnt ARNOLD MELMANo J" E. M{ER, RAyM= C. CARMAN , JAN I CE F I SC I NA NEW YORK, NEM YORK its true and lawful artorney(s)•in-fact to execute.seal and deliver for and on its behalf as surety.any and all hands and undertakings.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.and the execution of such instrument(s) in pursuance of these presents.shall he as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY. as fully and amply, to all intents and purposes, as if the some 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 hald on the 23rd day of December. 1%8. The President or any Vice President, Executive Vice President. Secretary or Assistant Secretary. shall have power and authority t 1►To appoint Attorneys.in-fact.and to authorize them to execute on behalf of the Company.and atwch the Seal of the Company thereto,bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and. i:)To remove, a any time. any such Attorney-in•fact and revoke the authority gisen. Further.this Power of Atthoney is signed and sealed by facsimile pursuant to rcudution of the Board of Director of said Company adopted at a meeting duh ealled and held on the 4th day of February. 1973 of which the f41110'A ft is true excerpt: Now therefore the Signatures of such officers and the--cal of theCompan% ma%he affixed to any sus h power of ataxney or any certificate relating thereto by facsimile. and any such power of attorney or certificate hearing such fac%imde signatures or facsimlle .cal •hall be valid and binding upon the Company and any su.h power I0 executed and certified by facsimile signatures and facsimile cal shall he solid and hinding up•m the Cony mpain the future with respr.t to am bend or undertaking t,, which it is attached. IN TESTIMONY WHEREOF.INTERNATIONAL VIDELITY INSURANCE COMPANY has caused this instrunxnt to he signed and its corporate seal to be aflixed M its authorized officer. this Iso. day of May. A.D. 1986. ��VEVYWY l,�G INTERNATIONAL FIDELITY INSURANCE COMP%NV V SQL �^ STATE OF NES'►' JERSEY .y 1904 County of Essex d It �f�'/ ��►+, Executive Vice President On this Ist. da% of May 1986:before me came the indis idual Nhis csccuted the precc,ling morument. 141 me Personally kntsss n.and,being h% me duh sworn. saw that he is the therein described and authorized officer of the INTERNATIONAL. FIDELITY INSURANCE COMPANY: that the seal atftxed to said In.trumen: is the Corporate Seal of said Company: that the said Cor)+nrate Scal and his si►naturc Ncre .Jul% affixed M order of the Board of Dtrcctors of said Company 1N TESTIMONY WHEREOF. 1 base hemunar set ms ban,; ,,r,i .Iffixed ms Official Seal. C-t 's at the City of Newark. New Jcrse% the day and )car first aM•sc written `�•'N GTA R Y`pu�°� J b 1 , 0 i i `P U e L%O:* A NOTARY PUBLIC NFw• JERSEY y f My Commission Expires November 23. 1992 `f! JF�S�'•,• CERTIFICATION IINt. 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY Jo herehy certify that 1 hase compared the foregoing eopy of the Power of Attorney and affidavit. and the copy of the Section of the By•Lasys of said Compare a. set 6trih in said Power of Attorney. with the ORIGINALS ON FILE 1N THE HOME OFFICE OF SAID COMPANY. and that the same are correct transcripts thcreol. and of the whole of the said originals. and that the %aid Power tit Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF. I have hereunto set m) hand this 12 day of March 19 91 O EMrka d[ and O Bartilued CONSULTING ENGINEERS 6800 Jericho Turnpike, Syosset, New York 11791 516-364-9892 • Fax: 516-364-9045 August 5, 1991 Judith T. Terry Town Clerk Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Southold Landfill Hydrogeologic Investigation Drilling Invoice Dated July 17, 1991 D&B No. 1027 Dear Ms. Terry: Enclosed please find the most recent invoice for drilling services submitted by R&L Well Drilling. This invoice has been reviewed and approved for payment. Also, R&L Well Drilling has satisfactorily completed the installation of the monitoring wells and we recommend release of their bonds. If you have any questions, please do not hesitate to call me at (516) 364-9892. Verytrulyyours, Thomas F. Maher TFM:ft Enclosure C Recycled Paper Dvirka d[ and 0 Bartilucci CONSULTING ENGINEERS 6800 Jericho Turnpike, Syosset, New York 11791 - 516-364-9892 Fax: 516-364-9045 i July 8, 1991 New York State Department of Environmental Conservation 50 Wolf Road Albany, NY 12233 Attention: Mr. T.S. Manickain Division of Hazardous Waste Mr. Thomas Reynolds Division of Solid Waste Re: Southold Landfill Hydrogeologic and Phase II Investigation D&B No. 1027 Gentlemen: Due to the high levels of explosive gases encountered at monitoring well cluster location MW-6, drilling will commence using mud rotary techniques during the week of July 8, 1991. The drilling will follow all of the requirements outlined in the March 7, 1991 letter to me from Mr. Gerald Brezner, except that filter cake quality and thickness will not be monitored. R&L drilling does not currently have this equipment in its inventory and is our opinion that such monitoring is not necessary in light of the fact that the wells will be developed until all parameters (pH, temperature and conductivity) have stabilized. In addition, the mud cake will be removed during development so that each well produces water at<50 NTU. If you have any questions or require additional information concerning this matter, please do not hesitate to call me at (516) 364-9892. Very truly yours, " ! ' / � Thomas F. Maher TFM,/PClmbf cc: S. Harris (Town of Southhold) L. Rosenmann(Albany) D. Papachen(Region I) G. Desai(Region I) 0368x/52 G. Brezner(Region I) C Recycled Paper JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS I Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 8, 1991 Thomas F. Maher Dvirka and Bartilucci 6800 Jericho Turnpike Syosset, New York 11791 Re: Southold Landfill Hydrogeologic Investigation Dear Tom: Transmitted herewith is a certified resolution of the Southold Town Board, adopted on July 2, 1991, authorizing additional work by R S L Well Drilling to comply with NYS-DEC requirements. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure 1 • • �oc��EFo�K�oG� JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS T Southold, New York 11971 MARRIAGE OFFICER y Fax (516) 765-1823 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 JULY 2, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase of an estimated $13,000.00 to the contract between the Town of Southold and R S L Well Drilling, to comply with the requirements of the New York State Department of Environmental Conservation that one well cluster (MW-6) at the landfill site be located downgradient of the former septage lagoons which requires the mud rotary method of drilling to be used in place of auger and cable tool as specified in the bid and in the drilling contract; said contract modification all in accordance with the recommendation of the town's consultants, Dvirka 6 Bartilucci Consulting Engineers. /qddit�eh�T. Ter y� Southold Town Clerk July 3, 1991 SENT PY:Xerox Telecopier ruzu oiu oov av4u • Post-It"brand fax transmittal Oro 7671 a of p,-yes To From k� Dvirto _ Dept. Phone# and Fax a Fax# 0 Bar�iued CONSULTING ENGINEERS 6800 Jericho Turnpike, Syosset, New York 11791 516-364-9892 9 Fax: 516-364-9045 July 1, 1991 Scott L. Harris, Supervisor Town of Southold Town Mall 53095 Main Road P.O. Box 1179 - Southold, NY 11971 Re: Southold Landfill Hydrogeologic Investigation D&B No, 1027 Dear Supervisor Harris: As you are aware, there have been difficulties in attempting to install one cluster (MW-6) at the landfill due to high levels of explosive gas/methane. In order to install this well cluster, which has been requested by NYSDEC to be located downgradient of the former septage lagoons, the driller (R&L Well Drilling) has recommended that the mud rotary method of drilling be .used in place of auger and cable tool specified and bid in the drilling contract. This constitutes a change in the contract since there will need to be an increase in a few of the bid items as described below (see attached letter from R&L Well Drilling dated dune 18, 1591) .. Contract Current Contract Item Description Contract Price Change la. Site Mobilization $500.00 L.S. $700.00 L.S. and Demobilization 2a. Set Up at Each Borehole $50.00 L.S. $250.00 L.S. 3a. Shallow Borings $15.00/Ft. $35.00/Ft. 3b. Deep Borings $25.00/Ft. $35.00/Ft. C Ke(,yded Paper SENT BY:Xerox TelecoPier fu— 1 DVIRKA AND BARTILUCCI page 2 Scott L. Harris, Supervisor Town of Southold July 1, 1991 We have reviewed R&L' s recommended drilling method using mud rotary and their justification for) ,h adfitionalnd Costs sonable R&L' s letter of June 27 , 1991 a and recommend approval of the above changes in the contract. The additional costs, based on the present drilling program (seven clusters of two wells each) should notted causel the contract upset limit to be ex Original Contract - $64,510 Contract Modifications - $14 2 0 to Remove Casing Total Current Contract - $78,720 Cost of Wells Completed - $62,100 (approximate) (4S, 40, 5S, 5D, 7S, 7D) Cost of Completion of - $13,000 (estimated) 6S, 6D Using Mud Rotary Total Amount Expended - $75,100 (estimated) As explained in Progress Report No. 2, R&L will be on vacation during the week of July 1 and is expected to return you the site on July 8. Therefore, approval of this change by y office by July 5, is requested. If you have any questions with regard to this letter, or, require additional information, please call me. Very truly yours, Thomas F. Maher TFM:ft Enclosures (;Recycled Paper JtN1 by0Ae10X " FILL' Uplci ZULU —Lo—� 1 C U5r'Ivi JIU OUB+ aUaJ '! ' L.JJ• • JUN -- 1 B - 9 1 TUE 1 2 46�R & L WELL DR I LL IN * X12 WELL - DRILLING 581-6076 31 UNION AVENUE 1, 11751 N.Y. June 18, 1991 Dvirka & Bartilucci 6800 Jericho Turnpike Syosset, New York 11791 Attention: Fran Tooher Dear Fran: Re: Wells #6S & #6D Southold, N.Y. Our concern is for the safety of our men. As you knew, the LEL' S reading was 1005 on Well 1665. Our project supe_l o:' for Health & Safety along with our drillers have discussed Ochi.- problem extensively and agree that if cable tool method was used .. the chanonly way to proceed withks and dtheseould wellseisotoduse thssmud,orofare the only y method. _ The Cost for Mud Rotary Drilling: 1 . ) Mobilization of mud rig and equipment ��CO• GG 2 . ) Set up at each bore hole $29O. 0i 3. ) Drilling by mud rotary 7 7/8" bore holes✓f • We are sure this method will prevent and control the methane problem. If you have any questions, please feel free to call . sincerely. R & L WELL DRILLING Louis H. ckma LHZ:nw JCL.A AA IV I U nC1 un c c uvN i c .. v c ., u uUl' . + �� .+��� + + .c.•..+ t Lm WELL DRILLI. NG .......... 581-6076 31 UNION AVENUE ISLIP, N.Y. 11751 June 27 , 1991 Dvirka & Bartilucci 6800 Jericho Turnpike Syosset, New York 11791 Attention: Tom Maher Dear Tom: Re: Wells #6S & 6D Southold , N. Y. In reference to the mud drilling on the two high LEL problem wells, following is our justification for the additional cost. 1 . ) Mobilization & demobilization of Mud Drilling Equipment includes : a . Mud rotary drill machine . b. 550 Case backhoe to move mud trough. C. Rig tender to carry water ( 1200 gal . ) drill rods, bits, and miscellaneous equipment necessary to operate mud rotary drilling. 2 . ) Set Up of Each Borehole a . To drill mud rotary, a .surface casing must be installed to prevent caving. b. Mud trough must be moved by the backhoe to drilling locations . C. Mud must be mixed and carefully monitored as to; Viscosity, Mud P.H. , & Sand Content . This is time consuming and adds substantially to cost of setup. - continued - Page 2 - June 27, 1991 R & L Well Drilling 3 . ) Drilling by Mud Rotary 7 7/$II Borehole a. Cost of drill bits that have expendable drilling limit . b. Cost of fluid to run a mud drilling machine . C. Mud pumr. on the machine to circulate drilling mud is very costly to overhaul , from fine sand carried in the drilling fluid. d. Drilling mud product is an expense of $60. 00 a bag. When drilling by mud rotary using a trough, it takes additional manpower to keep shoveling cuttings from the trough and mixing the mud . I hope this justifies the additional cost for mud drilling of these two (2 ) monitor wells . Should you have any further questions, please call our office. Yours very truly, R & L WELL DRILLING Louis H. Zac man LHZ:nw Dvirka :7 and __ - �� i, �� l� : 0 Bartilucci CONSULTING ENGINEERS 6800 Jericho Turnpike, Syosset, New York 11791 516-364-9892 • Fax: 516-364-9045 June 21, 1991 Scott L. Harris, Supervisor Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Southold Landfill Hydrogeologic Investigation D&B No. 1027 Dear Supervisor Harris: Please find enclosed Progress Report No. 2 regarding the above referenced project. Basically, the project is on schedule, however, as described in the progress report, a few difficulties have been encountered during drilling the boreholes for the monitoring wells and extracting casing. Thus far, these difficul- ties have resulted in six days additional time in the field, in addition to the five days during the conduct of the soil gas survey as discussed in Progress Report No. 1. If you have any questions, or require additional information, please call me. Vey truly ours, Thomas F. Maher TFM:ft Enclosure (: Recycled Paper PROGRESS REPORT NO. 2 SOUTHOLD LANDFILL HYDROGEOLOGIC INVESTIGATION Drilling activities commenced at the Southold landfill site on Tuesday, April 23, 1991. The week consisted of mobilization, construction of the equipment decontamination pad, and the drilling and installation of monitoring wells MW-7S and MW-3S. No drilling activities occurred on Thursday, April 25 due to equipment problems. A table showing each well drilled to date, its depth and the time it took to install is presented in Table 1. The week of April 29, consisted of the drilling and installation of monitoring wells MW-25, MW-1S and MW-5S. Wells MW-1S, MW-2S, MW-3S and MW-7S were also developed. The week of May 6, consisted of the drilling and installation of MW-4S, as well as the development of MW-4S and MW-5S. Three attempts were made to drill in the vicinity of proposed cluster location MW-6S, but due to exessively high Lower Explosive Limit (LELs)/ methane gas readings, two of the borings (MW-6A and MW-6B) had to be abandoned. The third boring (MW-6C) located adjacent to the existing Suffolk County wells was allowed to vent Friday and over the weekend. There were no drilling activities on Friday, May 10, 1991. The week of May 13, consisted of abandoning MW-6C due to continued high LEL readings, mobilizing the cable tool rig to the site and the commencement of drilling at MW-5D. As a result of the difficulties in attempting to drill wells a the MW-6 cluster location, three days of drilling time were lost. MW-5D was started on May 14, installed on May 16 to a depth of 136 feet, and 51 feet of casing was removed from the borehole by Friday, May 17. The week of May 20, consisted of pulling the remaining casing from MW-5D on May 20 and May 21, and commencing drilling of MW-4D on May 22. By Friday, May 24, the borehole was advanced to a depth of 100 feet. • PROGRESS REPORT NO. 2 SOUTHOLD LANDFILL HYDROGEOLOGIC INVESTIGATION PAGE 2 The week of May 27 consisted of the drilling of monitoring well MW-4D to a depth of 150 feet, and the installation and subsequent casing removal from MW-4D. Well MW-4D and MW-5D were also developed. The week of June 3, consisted of the drilling and developing of MW-3D, which was completed on Friday, June 7. The week of June 10 involved the installation of MW-1D. Difficulty was encountered in the removal of the casing from this well on Friday, losing one day of well installation time. During the week of June 17, on Monday, difficulty with removal of casing from MW-1D continued, and the driller had to employ hydraulic jacks to pull the casing. As a result of difficulties in removing the casing from MW-1D, two drilling days were lost. A second drilling rig mobilized to the site to accelerate the drilling program. Drilling of MW-2D and 7D commenced on June 19. The expected completion dates of the remaining wells are included in Table 1. There figures are based on all the drilling work completed to date. There will be no drilling activities during the week of July 1 since this is the vacation period for R&L Drilling. ©1027 /ft/lgs DRILLING PROGRESS TO DATE Completed Total Actual Well Date Date Depth Drilling Time Number Start Complete (ft) (days) MW-7S 4-24-91 4-24-91 55 1 MW-3S 4-26-91 4-26-91 55 1 MW-2S 4-29-91 4-29-91 27 1 MW-1S 5-1-91 5-1-91 54 1 MW-5S 5-2-91 5-3-91 76 2 MW-4S 5-6-91 5-7-91 71 2 MW-5D 5-14-91 5-21-91 136 6 MW-4D 5-22-91 5-31-91 150 6 MW-3D 6-3-91 6-7-91 125 5 MW-1D 6-10-91 6-18-91 7 Projected MW-2D 6-17-91 6-26-91 100 4 (develop on 6-27-91) MW-7D 6-24-91 6-26-91 130 5 (develop on 6-27-91) MW-6S 7-8-91 7-10-91 60 3 (develop on 7-11-91) MW-6D 7-11-91 7-18-91 130 6 (develop on 7-19-91) °1027 g SCOTT L. HARRIS SUPERVISOR Dvi rka i ; TO: `•y'�Q and IJ 0) Bartilucci CONSULTING ENGINEERS ntli' "FOR YOUR INFORMATION' 6800 Jericho Turnpike, Syosset, New York 11791 516-364-9892 9 Fax: 516-364-9045 June 12, 1991 New York State Department of Environmental Conservation 50 Wolf Road Arany, NY 12233 Attention: Mr. T.S. Manickam Division of Hazardous Waste Mr. Thomas Reynolds Division of Solid Waste Re: Southold Landfill Hydrogeologic and Phase II Investigation D&B No. 1027 Gentlemen: This is a follow-up to discussions between Mr. Peter Conde of my office and Mr. Manickam and Mr. Reynolds of the NYSDEC regarding suggested changes in the drilling program for the above referenced investigation. These changes were detailed in my letter to you dated May 31, 1991. Based on discussions with Mr. Reynolds and Mr. Manickam, it is my understanding that split spoon sampling at both cluster locations MW-6 and MW-1 could be performed at 5 foot intervals as opposed to the continuous sampling originally proposed. This, in conjunction with continuous logging of bailed soiled cuttings associated with the cable too!method, should provide more than adequate geologic data. If you have any questions concerning this matter, please do not hesitate to call me at (516) 364-9892. Very truly yours, TFM/JL/mbf Thomas F. Maher cc: L. Rosenmann(Albany) D. Papachun (Region I) G. Desai(Region I) 036ear28 S. Harris (Town of Southold) C Recycled Paper Town Hall, 53095 Main Road JUDITH T. TERRY - P.O. Box 1179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER ✓ Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 14, 1991 Thomas F. Maher Dvirka and Bartilucci 6800 Jericho Turnpike Syosset, New York 11791 Re: Southold Landfill Hydrogeologic Investigation Dear Mr. Maher: Transmitted herewith are the four resolutions adopted by the Southold Town Board, at their regular meeting held on May 7, 1991 , with respect to additional services with respect to the Southold Landfill Hydrogeologic Investigation. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) F • • FOIK��Gy JUDITH T. TERRY Town Hall, 53095 Main Road P.O. Box 1179 TOWN CLERK G T REGISTRAR OF VITAL STATISTICS Ln Fax New Yorkk 11971 -1823 MARRIAGE OFFICER Fax (516) 765 �� � Telephone (516) 765-165-1 801 1 � 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 MAY 7, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes an expenditure, not to exceed $600.00, for R & L Well Drilling to provide security for approximately six (6) hours a night for ten (10) nights at the site of their well drilling operation at the Landfill, Cutchogue, all in conjunction with their contract with the Town of Southold to install monitoring wells with respect to the Southold Landfill Hydrogeologic Investigation. Judith T. Terry Southold Town Clerk May 9, 1991 1 1 • • JUDITH T. TERRY :G Town Hall, 53095 Main Road TOWN CLERK =b Z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER VO �„ Fax (516) 765-1823 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 MAY 7, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes an allocation of an additional $10,000.00 to Dvirka and Bartilucci to provide oversight at the Landfill site with respect to additional services to be provided to R & L Well Drilling and Hager-Richter Geoscience, Inc. for the Southold Landfill Hydrogeologic Investigation. Judith T. Terry Southold Town Clerk May 9, 1991 SCOTT L. HARRIS • � g• SUPERVR TO: L i irka "FOR YOUR INFORMATION" artiluccs '1qEW1•LJ____ --SULTING ENGINEERS 6800 Jericho Turnpike, Syosset, New York 11791 516-364-9892 0 Fax: 516-364-9045 April 30, 1991 Scott L. Harris, Supervisor Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Southold Landfill Hydrogeologic Investigation D&B No. 1027 Dear Supervisor Harris: This letter is to request approval for a minor change to R and L Well Drilling's contract to install monitoring wells as part of the above referenced investigation. As requested by NYSDEC, the upgradient wells were to be located on private property west of the landfill . However, in discussions with Mr. Ray Jacobs, it was determined that it would be extremely unlikely that the owner would allow construction of the wells on this property. As a result, discussions were held with NYSDEC to relocate these wells in a Town right-of-way adjacent to Route 48. Since this location is in an area that is accessible to the public, it would not be provided protection as if the drilling equipment would be located on private property or the landfill site. Because the drilling equipment would need to remain over- night at the location adjacent to Route 48 in order to effectively construct the wells, R and L Drilling has requested approval to provide security at night for a short period of time (see attach- ment) . The estimated cost for provision of this security is $600. C Recycled Paper DVIRKA AND BARTILUCCI Scott L. 'Harris, Supervisor Page 2 own of Southold April 30, 1991 We have reviewed this request and find it reasonable. Since drilling of this well may commence shortly (by May 3, 1991) , your expeditious approval of this change in R and L Drilling' s contract is requested. If you have any questions with regard to this letter, or require additional information, please call me. Very trulyyurs, Thomas F. Maher TFM:ft Attachment cc: Matthew Kiernan, Esq. Assistant Town Attorney (_ Recycled Paper FAA-1R - i y — y i h F2 I y : 26 R9cL_ W ELL i.) R I LL I NG — P - 0 2 t WELL C 581-6076 Y 31 UNION AVENUE ISLIP, N.Y. 11751 April 19, 1991 Town of Southold Main Road Southold, New york 11971 Attention: Scott Louis Harris supervisor Gentlemen: Re: Monitoring Wells Southold Landfill Southold, N.Y. This letter is to advise the Town that drilling of the off-site wells, at the subject location, must have security at night for approximately six (6) hours a night for ten ( 10) nights. hour. The cost of this Item will be $10.00 per Please call our office should you have any questions regarding this matter. Yours very truly, R & L WELL DRILLING Louis H. ack n LHZ:nw cc: Tom Maher JUDITH T. TERRY �G Town Hall, 53095 Main Road TOWN CLERK 0 T P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER V� Fax (516) 765-1823 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 MAY 7, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes an increase of $14,210.00 to the contract between the town of Southold and R & L Well Drilling, to provide for the extraction of steel casing used in the cable-tool method of borehole construction, as recommended by the New York State Department of Environmental Conservation, thereby increasing the R & L Well Drilling contract from $64,510.00 to $78,720.00, with respect to the Southold Landfill Hydrogeologic Investigation, all in accordance with the recommendation of the Town's consultants, Dvirka and Bartilucci. Judith T. Terry Southold Town Cie May 9, 1991 �o��FFo�K�oGy JUDITH T. TERRY %� Town Hall, 53095 Main Road TOWN CLERK G T P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS t� V MARRIAGE OFFICER Fax (516) 765-1823�,r`� �' 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 MAY 7, 1991 : RESOLVED that the Town Board of the Town of Southold hereby authorizes Dvirka and Bartilucci, consultants to the Town, to retain the professional services firm of Hager-Richter Geoscience, Inc. directly under subcontract to them, to conduct the geophysical logging, as required by the New York State Department of Environmental Conservation, consisting of electromagnetic induction and natural gamma ray logging ,of the seven (7) deep wells with respect to the Southold Landfill Hydrogeologic Investigation, at a cost of $8,450.00, all in accordance with the recommendation of the Town's consultants, Dvirka and Bartilucci. Judith T. Terry Southold Town Cler May 9, 1991 'e SPER L. HARRIS SUPERVISOR TO: FOR YOUR INFORMATION' Id 3rtilucci CONSULTING ENGINEERS 6800 Jericho Turnpike, Syosset, New York 11791 516-364-9892 1, Fax: 516-364-9045 April 29, 1991 Scott L. Harris, Supervisor Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Southold Landfill Hydrogeologic Investigation D&B No. 1027 Dear Supervisor Harris: As a result of recommendations made by the New York State Department of Environmental Conservation (NYSDEC) , a change to the contract between the Town of Southold and R and L Drilling for installation of monitoring wells at the landfill will be necessary. The change involves the extraction of steel casing used in the cable-tool method of borehole construction. Ordinarily, this casing is left in the ground after installation of the monitoring well . However, because NYSDEC has required that geophysical logging, consisting of electromagnetic induction (EM) and natural gamma ray, be conducted in the deep boreholes, the steel casing will need to be removed. Provision for the removal of this casing is not included in the current contract. In order to extract the steel casing, R and L Drilling has provided a price of $14.50 per foot to extract the casing (see attachment) . Based on a total seven (7) deep wells at a depth of approximately 140 feet each, the increase in cost to the present contract of $64,510 would be $14,210 for a new contract amount of $78,720. We have reviewed these costs and find them reasonable. (: Recycled Paper ❑VIRKA AND SARTILUCCI Scott L. Harris, Supervisor Page 2 Town of Southold April 29, 1991 In addition, the request by NYSDEC for the downhole geophysical logging wil require the services of a firm to conduct the geophysical survey. As previously discussed, we propose to retain a professional services firm directly under subcontract to us. Hager-Richter Geoscience, Inc. , which has worked with with us previously, has provided a proposal to us to conduct the EM and gamma ray logging of the seven (7) deep wells at a cost of $8,450 (see attachment) . We have reviewed Hager-Richter's proposal and find it reasonable, and request approval that they be retained to conduct the geophysical logging. As a result of this requirement to remove the casing, additional oversight will need to be provided by our staff at the site to ensure that the work is conducted in accordance with the specification. Based on the estimate of time provided by R and L Drilling, it is anticipated that an additional 15 days of field time will be required by D&B personnel . The cost of this additional task for D&B will be approximately $10,000. Since construction of the deep wells is scheduled to commence on May 6, 1991, it is extremely important that this request be reviewed and approved as soon as possible so as not to delay the hydrogeologic investigation. I will be available to answer any questions you may have, or to meet with you to discuss this matter. If you require any additional information, please do not hesitate to call me. Very truly yours, syr � Thomas F. Maher TFM:ft Attachment cc: Matthew Kiernan, Esq. Assistant Town Attorney (: Recycled Paper WELL DRILLING e >:. 581-6076 31 UNION AVENUE ISLIP, N.Y. 11751 April 29, 1991 Dvirka & Bartilucci 6800 Jericho Turnpike Syosset, New York 11791 Attention: Robert Burns Dear Mr. Burns: Re: Town of Southold Municipal Landfill As per our conversation in reference to the deep wells for the Town of Southold, we have proposed to drill using the cable tool method. The contract specifications did not call for removal of the steel casing. The estimated cost to remove 140 ' of 6" casing using the cable tool rig is as folloxs : Labor, rig, travel expenses, and related material costs __2520.00 plus 5% overhead would be $18. 00 per ft f1401------------ Casing cost $7.00 per ft. less 50% credit for salvage 490.00 03. 50 per ft . price to remove 140 ' of 6" casing less credits 0$14 . 50/ft. $2030.00 We trust this meets with your satisfaction. Yours very truly► R & L WELL DRILLING Louis H. man CONSULTANTS IN GEOLOGY&GEOPHYSIaHAGER RICHTER 8 INDUSTRIAL WAY-DIO SALEM, NEW HAMPSHIRE 03079 G E G S C I E N C E INC. TELEPHONE(603)893-99441(617)647-1546 FAX(603)8938313 April 19, 1991 VIA FAX & Mail Dvirka and Bartilucci 6800 Jericho Turnpike Syosset, NY 11791 FAX 516 364-9045 APP _ l�^1 Attention: Tom Maher _T_ Concerning: Borehole logging Long Island, NY DVIRA a CARTiLUCC! File 91G19 Dear Mr. Maher: Hager-Richter Geoscience, Inc. (Hager-Richter) is pleased to sub- mit this proposal for your consideration. We have discussed briefly the project with you but we have not examined the Site. Therefore, this proposal is based on the information provided by you. We expect that the results of the proposed work should con- tribute significantly to the knowledge of the subsurface condi- tions at the Site. As you may know, we have done similar geophysical work in the northeastern United States as well as other areas for many years. Enclosed with the "mailed" letter, but not with the "Faxed" let- ter are some Q&E sheets. INTRODUCTION This section constitutes our understanding of the project. The Site is located on eastern Long Island, New York. You require downhole geophysical logging, consisting of EM and natural gamma- ray logs, of for 7 wells that will be drilled to a maximum depth of approximately 150 feet. The wells will be cased with 2 inch PVC casing. HAGER-RICHTER GEOSCIENCE, INC. Borehole Logging Eastern Long Island File 91G19 Pacte 2_ The wells will be available for logging in approximately 6 to 8 weeks. The objective of the borehole logging program is to provide data on the location and depth of potential contaminated groundwater. Two possible by-products of the logging are (1) data that may be useful in characterizing site geology and (2) baseline data on contaminated zones, if any, that may be detected. PROPOSED SCOPE OF WORK Hager-Richter Geoscience, Inc. proposes to provide the following services: Conduct borehole logging in seven (7) wells, consisting of natural gamma ray and electromagnetic induction (EM) . In- terpret the logs and prepare a Report of Investigations. REPORT OF INVESTIGATIONS Five copies of the Report of Investigations will be provided after completion of all necessary field work. It will contain, as a minimum: Maps and/or drawings that show the location of the Site and the locations of the wells, copies of the logs, and an inter- pretation of the logs. Text containing interpretation of the data and discussion of the limitations of the method. FEES The proposed work will be done for the following fees: Mobilization/demobilization $1550 Log wells for EM and natural gamma ray, with decontamination of equipment $3450/field day between wells HAGER•RICHTER GEOSCIENCE, INC. Borehole Logging Eastern Long Island File 91G19 Page 3 These fees include all charges for the work, including mob- ilization/demobilization to the Site area, equipment charges, personnel charges, living expenses, data processing and inter- pretation, and report preparation. The daily rate is for an 8 hour field day and includes at no extra charge the office work necessary to process and interpret the data and prepare the report. We typically log 3 to 4 wells per day, where the wells are no more than about 200 feet deep, the personal health and safety is Level D, and provided there is no delay due to conditions not un- der our control. Thus, for the 7 wells indicated in your discus- sion of April 19, we estimate that two field days will be re- quired and suggest a budget of $8450. (If health and safety is Level C, please add $50 to the daily rate and allow 3 field days. ) EQUIPMENT/APPROACH Our borehole logging system is a Mount Sopris Series III Logging unit with the following modules: full wave sonic, borehole caliper, temperature, combination tool (natural gamma ray, self potential, single point resistance, and 16" normal resistivity) . Depth capability is 4500 feet. This equipment is mounted in a four wheel drive pickup truck. We currently own all equipment except the electromagnetic induc- tion (EM) tool, which we rent. This unit is Geonics' EM-39 borehole electromagnetic induction system. The borehole tools that can be used inside PVC pipe are electromagnetic induction, temperature and gamma ray. We have had considerable success with each of these tools. The EM measures the electrical conductivity of the formation and we would therefore expect to recognize any stratigraphic zones saturated with such fluids. The gamma ray tool has been useful in previous logging work in determining lithology and, in par- ticular, identifying clay units that may be useful for correla- tion. ITEMS REQUIRED FROM DVIRKA AND BARTILUCCI This proposal assumes that several items are to be supplied, free of charge, by D&B, including the following: Site access. Police detail, if required for any reason. i • HAGER-RICHTER GEOSCIENCE, INC. Borehole Logging Eastern Long Island File 91G19 Page 4 Site plans showing location of the well(s) . All relevant data for the well(s) to be logged. Water at the Site for decontamination of equipment. Disposal of all contaminated water and all other con- taminated items. HEALTH AND SAFETY We did not discuss any health and safety requirements for this logging job. However, in addition to decontaminating all equipment before and after logging the well, we have assumed that our personnel will observe typical health and safety procedures for Level D. All Hager-Richter field personnel have undergone the 40 hour health and safety training, have been test fitted for full face respirators, and are medically monitored. If a HASP exists for this site, it is our intention to use it and, therefore, we require that a copy of it be provided before our field crew mobilizes to the Site. SCHEDULE We can usually begin field work within five (5) days of receiving an executed contract and written (or Faxed) notice to proceed. We plan to complete all field work, once it is begun. ADDITIONAL INFORMATION Hager-Richter Geoscience, Inc. is currently certified as a WBE by agencies in all of the New England states, including SOMBWA, and New York. Our standard conditions, copy enclosed, are incorporated in this proposal by reference, and would apply to any contract that results from this proposal. The terms and conditions of this proposal are firm for 90 days. - Please note that we consider our approach, fee structure, condi- tions of hire and other aspects of this proposal to be confiden- tial and request that you also treat them in the same way. HAGER-RICHTER GEOSCIENCE, INC. Borehole Logging eastern Long Island Tile 91G19 Page 5 The proposal can be accepted by an authorized person signing in the space provided below and returning one copy to us. We appreciate the opportunity to propose on this project. If you have any questions or need additional information, don't hesitate to call me. Sincerely, HA/GGER-RICHTE�RG,EOSCIENCE�, IN/C. Gene Simmons, Principal Encl: Q&E (w/ mailed copy) Standard Conditions PROPOSAL ACCEPTED BY: Signature Date Printed Name FICATE ACORDC.ERTIC INSURAI� RT ISSUE DATE(MM/DD/YY) - 05/09/91 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Patrick Regan Agency, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 400 West Main Street DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Suite 330 POLICIES BELOW. Babylon, NY 11702 COMPAPIIES AFFORDING COVERAGE Joseph P. Price 516-669-3434 COMPANY LETTERA Transcontinental Ins. Co. COMPANY INSURED LEITER B Transportation Ins. Co. Louis H & Elizabeth Zackman DBA R & L Well Drilling COMPANY 31 Union Avenue LEITER C Continental Casualty Co. Islip, NY 11751 COMPANY D LEITER COMPANY ELETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTAITHSTANDING ANY REQTUIRaffi TT,TERM 0"CONDITION OF ANY CONTRACT OR C 71MR DOCUALFaST RTI'H 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 CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER -POLICY EFFECTIVE-POLICY EXPIRATION _ -.......-..... LTR! DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 ............... A X COMMERCIAL,GENERAL LIABILITY 402171629 06/01/91 06/01/92 PRODUCTS-COMP/OP AGO. S 500,000 .. CLAIMS MADE X OCCUR. PERSONAL do ADV.INJURY $ 500,000 OWNER'S&CONTRACTOR'S PROT. ',. EACH OCCURRENCE S 500,000 _.... X Contractual._..._. _ ':FIRE DAMAGE(Any a fue)....._ S _.. 50,000 _. MED.EXPENSE(Any as perem) $ 5,000 AUTOMOBILE LIABILITY B X ANY AUTO 202171633 06/01/91 06/01/92 COMBINED ManvED sBVGLE �IT s 500,000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per 20-went) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE S 5,000,000 C X UMBRELLA FORM UMB302171848 06/01/91 06/01/92 AGGREGATE S 5,000,000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ EMPLOYERS'LIABILITY DISEASE—POLICY LIMIT S DISEASE—EACH EMPLOYEE S OTHER RFaM MAY 14 DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLES/SPSCIAL ITEMS EVIDENCE OF INSURANCE With respect to Southold Town Landfill Hydrogeologic Investigation Southold Town landfill Site, Cutchogue, NY Cost 564,510.00 GERTFIGATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEIIED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Town of Southold MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Town Hall 53095 Main Street LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR P 0 Box 1179 LIABILITY OF ANY IQND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Southold NY 11971 :- AUTHORIZED REPRESENTATIVE • Joseph P. Price ACORD Z5.S{7/90? ' TION 1990 ACORD CORPORA JUDITH T. TERRY '�: Town Hall, 53095 Main Road P.O. Box 1179 TOWN CLERK i) REGISTRAR OF VITAL STATISTICS 1 Southold, New York 11971 ,// Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 29, 1991 Thomas F. Maher Dvirka 8 Bartilucci 6800 Jericho Turnpike Syosset, NY 11791 Dear Tom: We are now in receipt of the executed contract between the Town of Southold and R&L Well Drilling, and the necessary insurance certificates and bonds. Enclosed are the certificates and bonds for your records, as well as a copy of the fully executed agreement. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Supervisor Harris Town Attorney Accounting & Finance i 03/18/91 /� T. ACORD CITI+GAT <J��L�l t C CsR RT ISSUE DATR(MM/DD/YY) . . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Patrick Regan Agency, Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 400 West Main Street DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE Suite 330 POLICIES BELOW. Babylon, NY 11702 COMPANIES AFFORDING COVERAGE Joseph P. Price ........ . ............. ..... ........... ....... _.. 516-669-3434 COMPANY A Transcontinental Ins. Co. LETTER COMPANYLOB Transportation Ins. Co. INSURED Louis H. Zackman d/b/a __._. .. ......._ _............. ._. __. _ ... R 8 L Well Drilling COMPANYLETTERC Continental Casualty Co. 31 Union Avenue 11751 NY COMPANY D LEITER ........... .... ..... ....... .......... COMPANY E LETTER COVERAGES _......_....... ........... ..._......_.. ... ......... . _.. .._............. ....._. _. .. ... .... THIS IS TO CERTIFY THAT THE 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 IS SUBJECT TO ALL THE TERMS, } EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _..._. ............. _ .. ............. ..........._..... ... ........... __.. .......... ........... ....... . . ........... CO: POLICY EFFECTIVE'POLICY EXPIRATION LTR: TYPE OF INSURANCE POLICY NUMBER LIMITS DATE(MM/DD/YY) DATE(MM/DD/YY) pl: GENERAL LIABILITY GENERAL AGGREGATES 1,000'000 :............. ....................... .... .. .............. In A X COMMERCIAL GENERAL LIABILITY 402171629 06/01/90 06/01/91 PRODvcrscOMP/OPAGG. $ 500,000 _ . ....... .... ..... r CLAIMS MADE X I OCCUR. : PERSONAL&ADV.INJURY $ 500,000 _.. _ ... .... OWNER'S do CONTRACTOR'S PROT. - EACH OCCURRENCE :Z 500QQQ X I Contractual FIRE DAMwcE(A�aoe fue) 1 50,000 _.__ .... _.c.... _ ;.... ...... _... ... . MID.EXPENSE(Any me Person) S 5,000 AUTOMOBILE LIABILITY �� ,000 COMBINED s 500 B X ANY AUTO 202171633 06/01/90 06/01/91 f-- ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS :(%r penin) _ X HIRED AUTOS BODILY INJURY _ X NON-OWNED AUTOS (Por°OC63cm) ..._.. GARAGE LL4 i('Y - PROPERTY DAMAGE :$ EXCESS LIABILITY EACH OCCURRENCE :S 5,000,000 C X UMBRELLA FORM UMB302171848 06/01/90 06/01/91 AGGREGATE s 5,000,000 OTHER THAN UMBRELLA FORM ' ::' .. '- WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND .__...... ............... ........:... ......................._........ DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY _....... DISEASE—EACH EMPLOYEE $ OTHER i I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLES/SPECIAL TrEMS , EVIDENCE OF INSURANCE With respect to Southold Town landfill HydrogeoLogic Investigation Southold Town Landfill Site, Cutchogue, NY Cost 564,510.00 GRTFIGATE IIOLAER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEII.ID BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO Town of Southold MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Town Hall LENT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 53095 Main Street P 0 Box 1179 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. Southold NY 11971 AUTHORIZED REPRESENTATIVE • I Joseph P. Price AGORD ZS-S(7!903 ACRD CORPORATION I990 THE STATE INSURANCE FUND 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7249 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE LOUIS H ZACKMAN & ELIZABETH ZACKMAN POLICY NUMBER DBA R & L WELL DRILLING 648 649-2 31 UNION AVENUE DATE ISLIP NY 11751 2/25/91 CERTIFICATE NUMBER 941-380 PERIOD COVERED BY THIS CERTIFICATE 9,-17/90 TO 9/17/91 POLICYHOLDER CERITFICATE HOLDER LOUIS H ZACKMAN & ELIZABETH ZACKMAN TOWN OF SOUTHOLD DBA R & L WELL DRILLING 53095 MAIN ROAD 31 UNION AVENUE P.O. BOX 11799 ISLIP NY 11751 SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 648 649-2 UNTIL 9/17/91 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 9/17/91 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. THE STATE INSURANCE FUND U-26.3 HERBERT .IACOBS DIRE( F H INSURANCE FUND UNDERWRITING INTERNATIONAI. FIP. ELITY INSURANCE COMPANY t Z SUITE 333 24 COMMERCE STREET NEWARK, NEW JERSEY 07102 TELEPHONE. 624.7200 AREA CODE 201 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): R & L Well Drilling International Fidelity Insurance Company 31 Union Avenue 24 Commerce Street Islip, New York 11751 Newark, New Jersey 07102 OWNER (Name and Address): Town of Southold Town Hall 53095 Main Road Southold, New York 11971 CONSTRUCTION CONTRACT Date: March 12th , 1991 Amount: $64,510.00 Description (Name and Location): Well Drilling Services BOND N0. 866913-91 Date (Not earlier than Construction Contract Date): March 12th, 1991 Amount: $64,510.00 Modifications to this Bond: ® None O See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) R & L Well Drilling �— Interna nal Fidelis I su<� , M anc� Company Signature: Signature: Name and Title: Name and Ti le: John E. Maher, Attorney-in-Fact Z 4''W I S //-1 z .4 d R'46�' (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AEA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. -AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING•MARCH 1987 ant d the of 1 The Contractor and the Surety, jointly �mins tmtors, Paragraph h4, thee mSu etyasshallsfPeomptly a dtlat sthe bind themselves, their heirs, executors, a successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant, with a copy to mance of the Construction Contract, which is incorpo- the Owner, within 45 days after receipt of the claim, rated herein by reference. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 2 With respect to the Owner, this obligation shall be 6 2 Pay or arrange for payment of any undisputed null and void if the Contractor: 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount med�entof this d for.any payments ymand the amount of made in good faith by the Sund rety. Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor,materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified mance of the Construction Contract and erforma satisfy claims, nd. By the Contrin Paragnd the raph h 12) ofrety (at any claims,eaddress if demands, the Contracto, under rfurnishing ny uction P and the Owner accepnce ting this described i t Pa g p liens or suits and tendered defense of such claims, Bond,they agree that all funds earned byte Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. the Surety dedicated under to satisfy this Bond, slubjecons ot to the Owner's priorf the Contractor - 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractors promptdumakes pay- ment, directly or indirectly, 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelat- 4 The Surety shall have no obligation to Claimants ed to the Construction Contract. The Owner shall not be under this Bond until: liable for payment of any costs or expenses of any Claim- by or have a direct stlkshall hthis Bond b 4.1 Claimants who are employed o notices on of, contract with the Contractor gven notice to gatont make payments Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other obligations. with the Contractor: .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent juris- tractothe C>r ,n and d sent a copy, or notice thereof, to within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials oc work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate and were furnished or supplied or for rials or equipment were furnished by anyone under the Corr whom the labor was done or performed; and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor,or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor 12 Notice to the Surety, the Owner or the Contractor by which the Contractor has indicated the shall be mailed or delivered to the address shown on the claim will be paid directly or indirectly; and signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days,have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a opy of the previous statutory or other legal requirement in the location where Bond and enclosing a c Contractor. the construction was to be performed,any provision in this written notice furnished to the Contra Bond conflicting with said statutory or legal requirement S If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- be deemed forming to into incorporated hereinch statutory or . Thelintentf is that ement s his tient compliance. AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIAO A312-1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVE.,N W,WASHINGTON,D.0 20006 THIRD PRINTING • MARCH 1987 Bond shall be construed as a statutory pond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the Contractor and the Contractor's subcontractors, and 14 Upon request by any person or entity appearing to be a all other items for which a mechanic's lien may be potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished. to be made. 15.2 Construction Contract:The agreement between 15 DEFINITIONS the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312- PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. -AIA a THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING- MARCH 1987 • 9 State of ss. County of 19 , before me personally came On this day of � rn v to me known, o C Y Q and known to me to be the individual described in and who executed the foregoing instrument and acknowledged tome that a execute the same. My commission expires Notary Public ------------------------- --------------------------------------- State of ,l 1 ss. County of Su 4-/0 L �1 / E On this ,2 T� day of /1/�'4��C�/ _, 19 9` ,before me personally came E / O r 5 L/ Z q 4� LL to me known and known to me ; (, / CR S L L L piF I Z_ L i V v to be a member of the firm of Q 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. fvORMAWEr LINNotary Public,State of New York C`uziif;ed in SuffolkCo., No.47:;'1392 My commission expires rrF P ° ' "r"� i s Z Not ------------------------------------------------ ------------ ------ State of ss. County of On this day of 19 , before me personally came c to me known, d o E m oa o who being by me duly sworn,did depose and say that he is the U Y Q of the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to of said corporation, and that he signed his said instrument is such corporate seal;that it was so affixed by order of the Board of Directors name thereto by like order. My commission expires Notary Public ---------------- State of New York ss. County of New York On this 12th day of March 19 91 , before me personally came E John E. Maher to me known,who, being by me duly sworn, did depose and say that z � 0he 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 Q 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 S a�ing Resolutions thereof. My commission expires Notary Public • - - -- - INTERNATIOi W IDELITY INSURANCE (� M ANY 24 COMMERCE ST., NEWARK, NEW JERSEY 6'7102 STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT JUNE 30, 1990 ASSETS 1990 Bonds (Amortized Value) . . . . . . . . . . . . . . . . . . . . . .. . . . . ... $52,179,299 Preferred Stock . . . . . . . . . . . . . .. . . . . . . . .. . . . .. ... . . . ... 500,000 Common Stocks (Market Value) .. . . . . . . .. . . . . ... .. .. .. . I,IQ1,731 Mortgage Loans on Real Estate . . . . .. . . . . . . .. . .. . . . . . .. 84,709 Real Estate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . .. 57,440 Cash & Bank Deposits . . . . . . . . . .. . . . . .. . . . . . . . . . . .. . . . 6,119,898 Short Term Investments . . .. . . . . . .. . . .. . . .. .. . . .. . . .. .. 3,157,197 Unpaid Premiums & Assumed Balances . . . . . .. . . . .. . .. .. 1,186,084 Reinsurance Recoverable on Loss Payments . . . ... . . . . . ... 1,544,112 Federal Income Tax Recoverable . . . . .. .. . . . . . . . . . . .. . .. 336,000 Electronic Data Processing Equipment . . .. . . . . . .. . . .. . .. 279,331 Interest & Dividends Due and Accrued 1,197,161 Funds Held in Escrow Accounts . . . . . . .. . . . . . . . . . . . .. . .. 7,957,522 Collateral Funds Held Under Contract . . . . .. .. . . . . . . . . . . (7,957,522) Contract Balances Due and Unpaid . . . . . . . . . . . . . . . . . .. . . 235,508 Prepaid State & Local Insurance Taxes . . . . .. . .. . . .. . . .. . 23,783 TOTAL ASSETS . . . . . . .. . . . . . . . . . . . . . . . .. . .. .. . .. 68,002,253 LIABILITIES, SURPLUS & OTHER FUNDS Losses(Reported losses net as to reinsurance ceded and incurred but not reported losses) . . . . . . . . . . . . .. . .. . . . . . 25,911,562 Loss Adjustments Expenses . . . . .. . . . . . . . . . . . . . . . . ... . . . 8,922,887 Contingent Commissions & Other Similiar Charges . . . . . . . 150,447 Other Expenses (Excluding taxes, licenses and fees) . . .... .. 79,210 Unearned Premiums . .. . . . . ..... . . . . ... . ... . .. . ..... .. 16,826,222 Funds Held by Company Under Reinsurance Treaties ... .. 66,877 Amounts Withheld by Company for Account of Others . . . . 13,713 Liability for Unauthorized Reinsurance . .. .... . .. . .. . ... . 911,756 Liability for Uncashed Checks . .... .. . . .. . . ... . . . .. . . .. . 57 TOTAL LIABILITIES . . . . . .. . .. . . .. . . . ... . . ... . .. . 52,882,731 Common Capital Stock . . . . . . .. . . . . . . . . . . . . . .. . . . ... . . 1,330,000 Preferred Capital Stock . . . . .. . .. . . . . . . . . . .. . .. . . . . .. . . 1,200,000 Gross Paid-in & Contributed Surplus . . . . . . . .. . . . . . . . . .. . 544,600 Unassigned Funds (Surplus) .. . . .. . . . . . . . . . ... ... . . .... 12,044,922 Surplus as Regards Policyholders . . . . . . . . . . .. . . . . ... . 15,1 19,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68,002,253 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 the close of business, June 30, 1990, 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 r �NS�j� the seat of the Company, this August 9, 1990. SPO#? 9y oZ INTERNATIONAL FIDELITY INSURANCE COMPANY 2 1904 o yd yFw ►E% as President TEL: 1201►624-7200 POVY 11 OF ATTORNEYC INTERNATIONAL FIDELITY INSURANCE COMPANY IIONIE OFFICE: 24 COMMERCE s'1 RF.F.T NI:%%ARK. NEI% JERSFA 071112 BOND NO. 866913-91 KNOW ALI. MEN BY THESE PRESENTS: That INTERNATIONAL. FIDELITI' INSLItA\CL COMPANY,wtorp,wit ion oreanved aixl c%minp under the laws of the Stme of Ncw Jer%ey. and ha%ing tt% principal office in the City ,.I Newark New Jer•e%. J.ks herchy constitute and app lint ARNOLD MELMAN,# JOHN E. MAKER, RAYMOND C. CARMAN , JANICE FISCINA NEW YORK, NEW YORK its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety.am and all bonds and undertakings.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,and the execution of such instrument(s) in pursuance of these presents. shall he as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes. as if the some 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 t, of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and hold 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 1)To appoint Attorneys-in-fact.and to authorize them co execute on hehalf of the Company.and anach the Seal of the Company thereto.bonds and undertakings, contracts of indemnity and other writing% obligatory to the nature thereof and, (2) To remove, at any time, any such Attorney-in-fact and revoke the authority Sken. Further,this Power of Atthoney is signed and sealed by fac%imile pursuant to resolution of the Board of Director%of said Company adopted at a meeting duly calleJ and held on the 4th day of February. 1975 of which the followiAg is true excerpt: Now therefore the sienatures of such officers and the.cal of thcCompanty may he affixed w art% .ugh power of attorney or an►certificate rclaung thereto by facsimile. and any such power of attorney or certificate hearing such tac.imtle signature'%or fac%imdc .cal .hill be %altd and binding upon the Company and am su:h power „0 executed and certified by facsimile signatures and fac%Imilc.cal%hall he%and and binding up,n the Company in the future with re%pc.t to am bond or trhdertaktnc w which it Is attached. IN TESTIMONY WHEREOF.INTERNATIONAL PIDELITI INSURANC F COMPANY has caused this in%trument to he%ittned and its corporate seal to be affixed by Its authorized nflicer. thI% W. day of May. A.D. 1986. ly �t r G/ INTERNATIONAL FIDELITY INSURANCE COMPANY io SM c+ Z STATE OF NEW JERSEY S s p County of Essex Executive Vice President 9 On this Ist. day of Nldy 1986. before me came the index idual whit executed the prece,line in-rumcnt. a%me per%ontally known.and. being by me duh %worn. .aw that he is the therein described and authorized officer of the INTERNATIONAL FIDELITI' INSURANCE CO.NIPANY: that the %cal alTixed to said tnstrumen: is the Corporate Seal of said Company: that the %aid Corp.%raw Seal and his >ienature were auh affixed M order of the Board of Directors rat said Compan% �^ J C'•.,• IN TESTIMONY WHEREOF. I ha%c hereunto set m% hon,; ,,n,t affixed ms Offieial Seal. 0r ..•••••.��• t at the City of Ncwark. New ler%e% the da% and year first aN,%e written }=rp TA R n : tr... ► tr �� { A NOTARY PUBLIC PNEW JERSEY yF' " •'•• �ti My Commission Expires November 23. 1992 -1-40'0" ,` CERTIFICATION 1. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I ha%e compared the foregoing cops of the Power of Attomey and affidavit, and the copy of the Section of the By-Laws of said Company as --et 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 thereol. and of the whole of the said originate- and that the yid Power rat Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF. I have hereunto set my hand thi%12 day of March19 91 INTERNATIONAL FIDELITY INSURANCE COMPANY SUITE 333 24 COMMERCE STREET NEWARK. NEW JERSEY 07102 TELEPHONE, 624.7200 AREA CODE 201 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): R & L Well Drilling International Fidelity Insurance Company 31 Union Avenue 24 Commerce Street Islip, New York 11751 Newark, New Jersey 07102 OWNER (Name and Address): Town of Southold Town Hall 53095 Main Road Southold, New York 11971 CONSTRUCTION CONTRACT Date: March 12th, 1991 Amount: $64,510-00 Description (Name and LocaJon): Well Drilling: Services BOND N0. 866913-91 Date (Not earlier than ConsTruction Contract Date). March 12th, 1991 Amount: $64,510.00 Modifications to this Bond: [None "I See Page 3 CONTRACTOR AS PRINCIPAL SURETY (Corporate Seal) Company: (Corporate Seal) Company: p R & L Well lling Internat al Fidelity Ipsur ce Company �. 1 Signature: Signature: Name and Title: Name and Ti ie John E. Maher, Attorney-in-Fact G o ld s /-/ L A G S .4.r/ �A R TvE�? (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312 - PERFORMANCE.BONO AND.PAYMENT BOND-DECENABER 1967 ED. •AIA a A312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N W'., WASHINGTON. D.C. 20006 THIRD PRINTING•M.QCH 1987 - } 1 The Contractor and the Suretv, Jointly and severally, which it may be liable to the Owner and. as bind themselves, their hers, executors, administrators, soon as practicable atter the amount Is deter- sut censors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract.which is Incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation S If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4 with reasonable promptness.the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4,and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to-be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of clared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default. and re- 4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages 4. are specified in the Construction Contract,actual dam- Owner,Arrange for the Contractor, with consent of the ages caused by delayed performance or non-pertor- to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through Inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of anv such 4.3 Obtain bids or negotiated proposals from unrelated obligations- No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the tions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable. under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond, whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail. AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA is THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON. D.C.20006 A312-19M 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entined. re- duced by all valid and proper pavments made to or on be mailed or delivered to the address shown on the sig- behalf of the Contractor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12,2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has 12.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con- of the Contractor under the all proper adjustments tractor as required by the Construction Contract or to Construction Contract after Con- payable by the Owner perform and complete or comply with the other terms thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312 - PERFORMANCE BOND-AND PAYMENT BOND - DECEMBER 1984 ED. -AIA •t THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N."'.• WASHINGTON, D.C. M006 A312-19M 3 THIRD PRINTING•MARCH 1987 State of_ County of ss. C W E, On this day of 19 , before me personally came v '> 3 b g to me known, = Y Q 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 Public --------------------------------------------------------------------- State of / Y F (C l S'u f U.L,C y County of )) ss. �y 19 q ,before me personally came E On this day of /'L R I�L� P Y � to me known and known to me LL C v to be a member of the firm of Gy�; LL 7J � i2L G Q described in and who executed the foregoing instrument,and he thereupon acknowledged to me at he executed the same as and for the act and deed of said firm. IN!c,ary P'Ll 1r S. :2 c,i Ir2%V ',:-k 0,_'nfied in Su,lcii<Co., ;,.1.o. 4i' .3532 My commission expires otary --------------------------------------------------------------------- State of ss. County of On this day of 19 , before me personally came c m o E to me known, w n & c who being by me duly sworn,did depose and say that he is the U Y Q 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 affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. My commission expires Notary Public ----------------------------------- ---------------------------------- State of New York County of New York ss. On this 12th day of March , 19 91 , before me personally came L John E. Maher to me known,who, being by me duly sworn,did depose and say that y C he is an attorney in fact of International Fidelity Insurance Company Y the corporation described in and which executed the within instrument;that he knows thecorporate seal of-said corporation;that the seal affixed to the within instrument is such corporate seal, and that he signed the saidinstrument andaffixed the said seal as Attorney-in-Fact by authority of the Board of Dire,gors of said corporation and by authority of this office,under the Sjanding Resolutions thereof. My commission expires r _ J Notary Public INTERNATIC k&IDELITY INSURANCE,-`0 'ANY 24 COMMERCE ST., NEWARK, NEW JERSEY,,, 10 Or STATEMENT OF ASSETS, LIABILITIES, SURPLUS AND OTHER FUNDS AT J U N E 30, 1990 ASSETS 1990 Bonds(Amortized Value) . . . . . . . . . . . . . . . . . . . .. .. .. . .. .. $52,179,299 Preferred Stock . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. .... . .. 500,000 Common Stocks(Market Value) . . . . . . . . .. . .. .. . ... ... .. I,IQ1,731 Mortgage Loans on Real Esthte . . . . . . . . . . . . . .. .. . . . .... 84,709 Real Estate .. . . . . . .. .. . . . . . . . . . . . .. . .. . . . . ...... .. . .. 57,440 Cash & Bank Deposits . . . . . . . . . . . . . . . . .. . . . ... . ... ... . 6,1 19,898 Short Term Investments . . . .. . . . . . . . . .. . . . . .. . .. .. . .. .. 3,157,197 Unpaid Premiums & Assumed Balances ... . . ... ..... . ... 1,186,084 Reinsurance Recoverable on Loss Payments ..... .. .. . .. .. 1,544,112 Federal Income Tax Recoverable . . . . . . . . . . . ....... .. . .. 336,000 Electronic Data Processing Equipment . . . . . . . . . ... .... . . 279,331 Interest & Dividends Due and Accrued 1,197,161 Funds Held in Escrow Accounts . . . . . . . . . . . . ... .. . . . .... 7,957,522 Collateral Funds Held Under Contract .. . . . . .. ... ..... .. (7,957,522) Contract Balances Due and Unpaid . . . .. . . . .. . ....... ... 235,508 Prepaid State & Local Insurance Taxes . . . . ..... . . .. ..... 23,783 TOTAL ASSETS . . . . . . . .. . . . . . . . . . . . .. . .. ... .. ... 68,002,253 LIABILITIES, SURPLUS & OTHER FUNDS Losses(Reported losses net as to reinsurance ceded and incurred but not reported losses) . . . . . . . . . .. . ...... . ... 25,911,562 Loss Adjustments Expenses . . . . .. . . . . . . . . . ... .. . . . .. ... 8,922,887 Contingent Commissions & Other Similiar Charges ....... 150,447 Other Expenses (Excluding taxes, licenses and fees) ........ 79,210 Unearned Premiums ... .. . ... .. . . . . . . ... ...... ...... .. 16,826,222 Funds Held by Company Under Reinsurance Treaties .. ... 66,877 Amounts Withheld by Company for Account of Others .... 13,713 Liability for Unauthorized Reinsurance . .. . . ............. 911,756 Liability for Uncashed Checks ... .. .... . .. . .... ......... . 57 TOTAL LIABILITIES . . .. . . . . . . . . . . . ... . .......... 52,882,731 Common Capital Stock . . . .. . .. . . . . . . . . . . ... .. ... .. . .. 1,330,000 Preferred Capital Stock . . . . . . . .. . . . . . . . . ... . .... . . . ... 1,200,000 Gross Paid-in& Contributed Surplus . . . . . .. .... . ... . . ... 544,600 Unassigned Funds(Surplus) .. .... . . . . . . . ..... ......... 12,044,922 Surplus as Regards Policyholders 15,119,522 TOTAL LIABILITIES, SURPLUS & OTHER FUNDS 68,002,253 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 the close of business, June 30, 1990, as reelected 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 %IY /*,r, the seal of the Company, this August 9, 1990. 0OR� �y INTERNATIONAL FIDELITY INSURANCE COMPANY 0 sd�f s�w1904 tCJ S�+ a� i President TEL.(26)62.1-7200 PO IV✓& OF ATTORNEf � INTERNATIONAL FIDELITY INSURANCE COMPANY 1100E OFFICE: 24 C OMNIF:RC•E STREET NI:l% ARK. JER.EI 07102 IIOND NO. 866913-91 KNOW ALL MEN BY THF-SF PRESENTS: That INTERNATIONAL FIDELITY IN5LIIA%C L COMPANY.a`lorp,wition oreanized aid existing under the law, tit the State of New Jersey. and haling it% principal office in the City of Newark Next Jer•ey. J„es hereby constitute and appttini ARNOLD MELMAN, JOHN E. MAHER,* RAYMOND C. CARMAN , JAN I CE FISC INA NEW YORK, NEW YORK its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,an% and all bonds and undertakings•contracts of indemnity and other writings obligatory in the nature thereof,which are or maybe allowed,re4uired or permitted by law•statute.rule,regulation,contract or otherwise,and the execution of such instrument(s) in pursuance of these presents,shall he as binding upon the said INTERNATIONAL FIDELITYINSURANCE COMPANY. as fully and amply, to all intents and purposes. as if the same had been duly executed and acknowledged b) it%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 t•of the By-laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and hald on the 23rd day of December. 1%8. The President or any Vice President. Executive Vice President. Secretary or Assistant Secretary, shall have power and authority t 1 f To appoint Attorneys-in-fact.and to authorize them to execute tin 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. t 21 To remove, at any time, any such A Corney-in-fact and revoke the authority givcn. Further.this Power of Aithoney is signed and staled by facsimile pursuant to resolution of the B,tard of Director.of said Company adapted at a meeting duh called and held on the 4th day of February. 19;5 of which tha Iiill,twitig is true citcerpt: .Now therefore the sienatures of such officers and the.cal of thcCompaim max he affixed to am such power of attorney or am certificate relating thereto by facsimile. and am' such power of attorney or certificate hearing such facsimile signature.or facsinvlc seal .hill he sald and binding upon the Company and any su:h power sit executed and certified by facsimile signatures and facsimile.cal.hall he tali)and binding up,n the Company in the future w nh rc.Mi to am bond or utidenakmg at w lo it is attached. IN TESTIMONY WHEREOF. INTERNATIONAL VIDELITY INSURANCE COMPANY has caused this instrument tat he sinned and its corporate seal to he affixed M its authorized officer, this Ist. day of Mas. A.D. 1996. Ty 10 G' INTERNATIONAL FIDELITY INSURANCE COMPANY SM .tt lW STATE OF NEµ• JERSEY : -0 p County of Essex figs f♦� *�+ Executive Vice President On this Ist. dal of May 1986.before me came the indix idual who executed the preeedine inorument. it,me per.onalh known, and.being by me duly .worn, saoa that he is the therein described and authorized oflker of the INTERN ATIONAL F1DF:1- ITN INSURANCE COMPANY: that the .cal affixed to.:Ild instrumen: is the Corporate Seal of.aid Company. that the said Corptirate Seal and his signature were Julx affixed by order of the Board of Directors of sad Ctimpany J IN TESTIMONY WHEREOF. I hale hereunto set my hart,; ,,rl affixed mx Official Seal. *R•..•••. Ct�''• at the City of Newark. New Jersey the dal and )ear first iMac %rmen ,<0 pTAR?'pit l *\Pu a ��� '*• ,f A NOTARY PUBLIC NEW JERSEY yE`' ••••. ••5�1i Sly Commission Expire. November 23. 1992 -.*w Jia-•,,. 'tN•"''� CERTIFICATION 1. the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY Jo hereby cenifx that I hast compared the foregoing cop) of the Power of Attorney and affidavit, and the copy of the Section of the By-Law%of said Company as sit Korth in said Power of Attorney. with.the ORIGI\ALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the sante are correct transcripts thercot. and of the whole of the said original., and that the vid Power tit Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF. 1 have hereunto %et m% hand this 12 day of March 19 91 STANDARD FORM OF AGREEMENT FOR CONTRACTOR SERVICES THIS IS AN AGREEMENT made this 11th day of March in the year Nineteen Hundred and Ninety-One by and between Town of Southold (Town) and R&L Well Drilling (Contractor) for the Work described in Section 2 below in connection with the following project (the Project) : Construction of Monitoring Wells at the Southold Landfill , Town of Southold, New York The part of the Project for which Contractor is to provide services (see Technical Provisions Section - Well Construction) is hereinafter called "This Part of the Project". Contractor will be furnished information for the Project to the extent available and necessary and will be furnished additional data pertinent to his Services hereunder as it becomes available. Page 1 of 12 Section 1 - General Town is the Owner with respect to Contractor' s Services to be performed under this Agreement and is responsible for coordinating Contractor' s Services with the services of others involved in the Project. All of the Contractor's communications to or with others involved in the Project will be through or with the knowledge of Town. Contractor recognizes that services of others involved in the Project are dependent upon the timely performance of his Services and he shall perform such Services in accordance with the time schedule in the Special Provisions. Contractor is responsible for the means and methods used in performing his Services hereunder. Contractor shall , at his own expense obtain all data and information (other than that referred to in Paragraphs 3.1 and 3.2) necessary for the performance of his Work hereunder. Contractor is responsible to see that his documentation and Work conform to regulations, codes and special requirements of the place where the Project is located. The Contractor is also responsible to assure that there are no underground utilities at the specified drilling locations and responsible for the safety and protection of his equipment, materials and supplies, as well as provision for water for well construction. Page 2 of 12 Section 2 - Work of Contractor Contractor shall perform the Work described in Technical Provisions Section - Well Construction, in accordance with the terms and conditions of this Agreement. Section 3 - Town's Responsibilities Town shall : 3.1 Furnish to Contractor all information available to Town as to the requirements for This Part of the Project. 3.2 Place at Contractor's disposal all information available to Town pertinent to the site of This Part of the Project all of which Contractor may rely upon in performing his Services hereunder. 3.3 Undertake to make all provisions for Contractor to enter upon public and private property as required for his performance of Services hereunder. Section 4 - Period of Work The period of Work shall be as set forth in the Special Provisions. Section 5 - Payments to Contractor 5.1 Compensation for Services and Work performed pursuant to Section 2 will be as indicated in Technical Provisions Section - Well Construction. Page 3 of 12 5.2 Times of Payment 5.2.1 Contractor shall submit monthly statements for Work performed. The Town will make prompt monthly payments in response to Contractor's approved statements. Final payment shall be predicated upon successful completion of the project, including site cleanup, disposal of waste materials and demobilization. 5.3 Reproduction and Information 5.3.1 Contractor shall furnish at his expense to Town all progress reproductions and information required by Town in connection with Town' s services. 5.3.2 Town shall furnish at its expense information and progress reproductions of its services required for the execution of Contractor's Work. Page 4 of 12 Section 6 - General 6.1 Termination 6.1.1 This Agreement may be terminated by Contractor upon seven days written notice to Town in the event of substantial failure by Town to perform in accordance with the terms hereof through no fault of Contractor. It may also be terminated by Town with or without cause upon seven days written notice to Contractor. 6.2 Records 6.2.1 Contractor shall maintain records as required in Technical Provisions Section - Well Construction. 6.3 Insurance 6.3.1 Contractor agrees and shall submit evidence to the Town before beginning Work on This part of the Project that he has procured and will maintain such insurance as will protect him from claims under workers' compensation acts, claims for damages - because of bodily injury including personal injury, sickness or disease, or death of any of his employees or of any person other than his employees, and from claims arising out of the performance of his Work and Services, hereunder. Page 5 of 12 Such insurance shall include a policy of comprehensive General Liability insurance, providing coverage of not less than one million dollars ($1,000,000) and automobile inusrance, providing coverage of not less than one million dollars ($1,000,000), each naming the Town as additional insured. Such a policy shall be submitted to the Town for approval prior to commencement of the Work and shall remain in force during the Work and for one year after completion. 6.3.2 Contractor shall indemnify and save harmless and defend the Town, its agents, servants and employees from and against any claim, demand or cause of action of every name or nature arising out of the performance of Work and Services under this Agreement. Amounts and extent of coverages of such insurance will be indicated on a Certificate of Insurance which Certificate shall be delivered to Town prior to commencement of Contractor's Work and Service. 6.4 Successors and Assigns 6.4.1 Town and Contractor each binds himself and his partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. Except as above, neither Town nor Contractor shall assign, sublet or transfer Page 6 of 12 its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as giving any rights or benefits hereunder to anyone other than Town and Contractor. 6.5 Delegation of Duties 6.5.1 Contractor shall not delegate his duties under this Agreement without the written consent of the Town. 6 .6 Controlling Law 6 .6.1 This Agreement is governed by the law of the principal place of business of the Town. 6 .7 Scope of Agreement 6.7.1 This document, including the exhibits which are identified herein and attached hereto and which are hereby made a part hereof and incorporated herein by reference, constitutes the entire Agreement between Town and Contractor. There are no conditions, agreements or representations between the parties except those expressed herein. This Agreement may only be altered, amended or repealed by a duly executed written instrument. Page 7 of 12 Section 7 - Special Provisions 7.1 This Agreement is subject to the following special provisions: 7.1.1 Commencement and Time of Completion The Work shall be commenced within 10 calendar days of the date of notice to proceed, and all Work for monitoring well installation at the Southold Landfill site including utility mark-outs, acquiring applicable permits, site setup, well construction, well development, and any site restoration including clean up and waste material disposal , shall be completed within 45 calendar days after the date of notice to proceed. 7.1.2 Liquidated Damages In the event the Contractor fails to complete the work within the Contract Time, or within the time to which such completion may have been extended in accordance with the Contract Documents, he agrees to pay to the Town liquidated damages in the sum of Five Hundred Dollars ($500) for each calendar day of delay in completing the Work. 7 .1.3 Bonds Upon execution of the Contract, the Contractor shall furnish performance and payment Bonds as security for the faith- ful performance and payment of all his obligations under the Page 8 of 12 Contract Documents. These Bonds shall be in amounts at least equal to the Contract Price, and in such form and with such sureties as are licensed to conduct business in the state where the Project is located and are named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The Town shall be named as Obligee in the performance and payment Bonds. If the surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated where any part of the Project is located or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within five days thereafter substitute another Bond and surety, both of which shall be acceptable to the Town. 7.1.4 Permits and Laws Unless otherwise indicated, any permits or licenses of temporary or permanent nature necessary for the prosecution of all categories of Work shall be secured and paid for by the Contractor. Further, he shall give all notices and comply with all laws, ordinances, rules and regulations which pertain to the project as specified. Page 9 of 12 7.1.5 Safety and Protection Contractor shall be responsible for providing, maintaining and supervising all health and safety precautions and programs in connection with the Work in accordance with the minimum require- ments set forth and referenced in Technical Provisions Section Well Construction. He shall take all necessary precautions for the health and safety of, and shall provide the necessary protection to prevent damage, injury or loss to: All employees on the Work and other persons who may be affected thereby; All the Work and all materials or equipment to be incorpo- rated therein, whether in storage on or off the site; and Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal , relocation or replacement in the course of construction. Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards and equipment for its safety and protec- tion. He shall notify owners of adjacent utilities when prosecu- tion of the Work may affect them. All damage, injury or loss to Page 10 of 12 any property caused, directly or indirectly, in whole or in part by Contractor, any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor except: damage or loss attributable to the fault of Drawings or Specifications, or to the acts or omissions of the Town or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault of negligence of Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and the Town has issued a notice to Contractor that Work is acceptable. Contractor shall designate a responsible member of his organization at the site whose duty shall be the protection of health and the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Town. In addition, all Health and Safety standards, practices and procedures shall be in compliance with 29 CFR Parts 1910 and 1926 of the Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor. The OSHA rule entitled, "Hazardous Waste Operation and Emergency Response," Section 1910.120 of Subpart H of 29 CFR and revisions of May 4, 1987 (Federal Register Vol . 52, No. 35) shall be applied until such time as a final rule is in effect. Page 11 of 12 Contractor shall only provide personnel for this Project who are trained in compliance with 29 CFR 1910. Certificates documenting such compliance will be required to be submitted to the Town prior to commencement of the Contractor's Work and Services. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement as of the day and year first above written. Name of Contractor: R&L Well Drilling Corporate Seal By: / O Attest LouCis /y Z til/71V Title: Date: Accepted: Town of Southold r By: AttestirzCA �� cott Loui Harris Title: Supervisor Date: March 11 1991 Page 12 of 12 TECHNICAL PROVISIONS SECTION WELL CONSTRUCTION PART 1- GENERAL 1.01 Scope of Work A. Furnish all labor, materials, power, equipment and other facilities and incidentals necessary to construct a total of 14 monitoring wells in the area of the Southold Municipal Landfill in the Town of Southold, North Road, Suffolk County, New York (Drawing No. 1) . See Drawing No. 2 for approximate well locations at the site. (Exact well locations will be provided to the Contractor at a later date.) B. The work also includes the furnishing of all labor, materials, equipment and all other facilities and incidentals, including utility mark outs, necessary to install and develop the wells. C. In general , the overall well construction procedures shall be as follows: 1. Establishment of decontamination facilities; 2. Equipment, and materials and supplies decontamination, and well set up; 3. Construction and sampling the borehole; 4. Installation of casing (riser pipe) and screen; 5. Setting sand pack around the screen and installation of a bentonite seal above the screen; 6. Sealing the well riser pipe annulus; 7. Installing a locking surface casing and surface seal ; 8. Development and completion of the well ; B-1 01027 9. Containment of drillings and cuttings, and purge water and development water ( if required) . 10. Site cleanup, and disposal of clean cuttings and fluids ( if required) . 1.02 Reference to Standards and Regulations A. The latest revisions of standards of AWWA and ASTM shall apply as referenced herein. B. The latest revisions of the New York State Environmental Conservation Law, Article 15. 1.03 Permits and Reports A. The Contractor shall be responsible for obtaining any permits required for constructing the wells, obtaining potable water for drilling, discharging water from the site, disposing of waste material including clean drillings and cuttings, or clearing the site for work or access. B. The Contractor shall furnish separate copies of all permits to the Town as the permits are received. 1.04 Description of the Wells A. Each borehole shall contain one (1) well consisting of a 2-inch ID stainless steel screen and a 2-inch ID Schedule 40 PVC riser pipe as shown on Drawing No. 3. B. The actual depths (and screen settings) for each of the wells shall be determined by the Town based on data obtained in the field. The length of screens shall be 20 feet for the shallow/water table wells and 10 feet for deep/clay interface wells, unless otherwise specified in the field by the Town. Tentative depths for the monitoring wells are as follows: B-2 Monitoring Wells 7 shallow/water table wells (approximately 55 feet*) 7 deep/clay interface wells (approximately 150 feet*) *Depth below ground surface 1.05 Description of the Site A. The approximate locations of the wells in the vicinity of the Southold Municipal Landfill site are shown on Drawing No. 2. Final site selection for the wells will be within the study area shown on Drawing No. 2. Rights of ingress and egress will be provided by the Town to each site. The Contractor shall be responsible for construction of any access that is required in order to move equipment onto the well sites, and provision of water on the well sites including acquisition of permits and any other approvals necessary for obtaining water. 1.06 Qualifications A. The Contractor responsible for constructing the wells shall employ only competent workmen for the execution of this work, and all such work shall be performed under the direct supervision of an experienced well driller satisfactory to the Town. The Contractor shall have at his immediate disposal, operational equipment rated to do that work required to install monitoring wells. B. The well driller shall be capable of identifying geologic formations, and developing and testing the wells. C. The Town` may make other investigations deemed necessary to determine the ability of the Contractor to perform the work, and the Contractor shall furnish to the Town all such information and data for this purpose as the Town may request. D. The Contractor shall furnish satisfactory evidence upon request that all materials to be furnished in performing the work are new and all equipment to be used is in good working order. B=3 E. The Contractor shall complete the work in accordance with applicable portions of the New York State Environmental Conservation Law. 1.07 Submittals A. Copies of all materials required to establish compliance with the specifications shall be submitted to the Town. B. During drilling of each well , a daily driller' s production report shall be maintained and submitted daily to the Town or as requested by the Town. The report shall give a description of the number of feet drilled, number of hours on the job, shutdown due to breakdown, feet of casing set, and other pertinent data requested by the Town. C. During drilling of each well , formation samples shall be collected and preserved immediately after retrieval in labeled sample jars supplied by the Contractor and approved by the Town. Split spoon samples shall be collected continuously or at depth intervals of every five (5) feet, at every change in formation, or as directed by the Town. Samples shall be clearly and indelibly labeled with the following information: 1. Location of well , 2. Name or number of the well , 3. Depth interval represented by the sample, 4. Date taken, 5. Time taken. 1.08 Handling of Materials A. All equipment, parts and materials shall be properly protected against damage during a prolonged period at the site. Any equipment, parts and materials damaged, or deemed unacceptable by the Town, shall be removed from the site and replaced with new, like equipment, parts or materials by the Contractor at no additional cost to the Town. B-4 B. If water is used in drilling, the Contractor shall provide a clean portable drilling water storage tank or container for each well . The storage capacity shall be at least 50% greater than the anticipated drilling waste per drill hole. C. The Contractor shall be responsible for obtaining potable water for drilling and constructing the wells. D. Well development water and borehole flushing water shall be pumped into DOT approved 55 gallon "ring top" drums located near the well . No water shall be allowed to flow on the site surface, unless approved by the Town. E. Unless directed otherwise by the Town, the Contractor shall contain all cuttings and drilling water (if used) in a leak proof container/drum located near the well during well construction. No cuttings or water (if used) shall be allowed to flow on the site surface, unless approved by the Town. The Contractor shall supply and contain all spent cuttings and water in DOT-approved 55 gallon "ring top" drums and transport these drums to a location on the Southold landfill site for storage or disposal, if so directed by the Town. As an option, if the drillings and cuttings meet New York State Department of Environmental Conservation criteria for disposal on-site, the waste materials shall be disposed of in proximity to the well, as directed by the Town. 1.09 Well Acceptance Criteria A. To be accepted by the Town, a well shall be developed to the point that it is sand and sediment-free, and the parameters of temperature, pH and specific conductance are stable. Sand and sediment-free shall be defined as development water having a turbidity of 50 NTUs (nephelometric turbidity units) or less. B. In order to ensure that all wells are sufficiently straight, and acceptable to the Town, the Contractor shall pass a 1.66 inch diameter by 36-inch long submersible pump or dummy to the bottom of the 2-inch diameter wells. B-5 C. No payment will be due to the Contractor if he fails to meet those requirements set forth in Sections 1.09A and 1.09B. 1.10 Warrant A. All equipment supplied under this Section shall be warranteed by the Contractor and equipment manufacturers for a period of one (1) year from date of acceptance by the Town. The manufacturer's warranty period shall run concurrently with the Contractor' s warranty period. B. The wells shall be warranteed to be free from defects in workmanship and materials. If any part of the wells should fail during the warranty period, it shall be replaced and the wells restored to service at no additional expense to the Town. 1.11 Additional Work A. At the option of the Town, additional work may be authorized. Additional work shall be completed at unit prices not exceeding those of comparable work and materials, as determined by the Town and as specified by the Contractor in his bid price schedule. 1.12 Measurement and Payment A. Payment for work performed shall be on a basis of unit and lump sum prices bid and actual work performed except for Mobilization, Set-Up and Demobilization, for which one-half shall be paid for mobilization and one-half for demobilization. The bid items are intended to cover all costs involved in completing the work specified herein. The Contractor shall include all incidental costs into the applicable unit or lump sum prices indicated on the bid sheet. 1.13 Contract Drawings The following figures form a part of this contract: Drawing No. 1 Site Location Map Drawing No. 2 Proposed Monitoring Well Locations Drawing No. 3 Plan for Construction of Monitoring Wells Drawing No. 4 Plan for Construction of Decontamination Pad B-6 PART 2- PRODUCTS 2.01 Casing A. The Contractor shall provide all casing together with required couplings, plugs, caps, fittings and other parts necessary to satisfactorily complete the well installa- tion. Casing and appurtenances shall be clean and free of all oil , grease and any other organic contamination. Schedule 40 PVC flush threaded casing shall be used. Samples of the casing, couplings, plugs and caps proposed by the Contractor for the well installation shall be submitted to the Town for approval . B. If any casing is intended for construction purposes only, it shall be free of contamination and watertight, and of such weight and design as necessary to prevent entrance of sand and to permit its installation and removal to the specified depth and dimension without distortion or rupture. 2.02 Screen A. Well screens shall be 2-inches nominal diameter, new wire wrapped Type 304 stainless steel , as approved, flush threaded on one end and sealed with a threaded stainless steel plug on the other end. Slot size shall be 0.010-inch or as otherwise recommended by the Contractor and approved by the Town. The Contractor shall provide all well screens and fit- tings, and other parts necessary for a complete installation. B. Well screens shall be as manufactured by Johnson Div./ UOP Inc. or approved equal , providing a "Vee" slot configuration. Samples of the screen and plug proposed by the Contractor for the well installation shall be submitted to the Town for approval . C. Screens shall be attached to the casing by screwing the threaded joints together. No glue shall be used to join the screen to the casing. 2.03 Sand Pack A. Clean well sand shall be employed as a pack material in each monitoring well . The selection of sand for the screen packing shall be determined by the Contractor and approved by the Town. B-7 101027 • • B. Sand shall be well rounded, washed and sized with a diameter and gradation determined concurrently with the establishment of the well screen slot size to provide compatibility with the native aquifer formation and the selected well screen slot size. Samples of sand proposed by the Contractor for the well installation shall be submitted to the Town for approval . 2.04 Caps and Protective Covers A. Each well shall have a vented PVC cap, and each well and well casing shall be protected from entry of foreign materials at all times during construction. Upon completion the well will be fitted with a protective casing. B. Temporary well guard and identifying flagging shall be provided and installed immediately upon well completion and prior to development and removal of the Contractor' s well rig from the well site. 2.05 Bentonite Seals A. The bentonite for bentonite seals and cement/bentonite grout shall be of the Wyoming type manufactured by Sinco, American Colloid Company, Terra-Metric, or an approved equal . A sample of the bentonite proposed by the Contractor for the well installation shall be submitted to the Town for approval . 2.06 Health and Safety Equipment A. The Contractor shall provide for his employees, and any subcontractor, all equipment necessary, including monitoring and personnel protection equipment, to provide adequate safety and health protection. This equipment shall be standby equipment readily available at the site to the employees. The Contractor shall also provide traffic control as necessary. B=8 PART 3- EXECUTION 3.01 Borehole Construction A. Equipment used to construct the borehold shall be decontaminated as described in Paragraph 3.04. B. The boreholes shall be drilled by auger, cable tool or spin casing method (or other methods not using mud/drilling fluids other than potable water) as determined by the Contractor and approved by the Town. The work shall include the removal and excavation of pavement, if required. C. Augers shall have a minimum inside diamter of 6-1/4 inches. Casing used in cable tool or spin casing drilling method shall have a minimum inside diameter of 6 inches. D. Geologic sampling shall consist of the collection of split spoon samples collected as indicated in paragraph 3.02 or as directed by the Town. E. The tentative method of drilling is as follows: a. At each of the well cluster locations, the deepest well (approximately 150 feet) will be drilled first and split spoon samples will be collected. b. Based upon the data gathered, the Town will determine the depth and screen setting for the deep well at that location. c. At each of the well cluster locations, the shallow well will be drilled 15 feet into the zone of saturation and the screen set at that depth (approximately 55 feet), or as directed by the Town. 3.02 Split Spoon Sampling A. The Contractor shall obtain split spoon samples during drilling operations when directed by the Town. B. Split spoon samples will be used to obtain information on the type of strata penetrated. C. The split spoon sampler shall have a 2-inch O.D. and 1-3/8 inch ID, split barrel, similar or equal to Acker part No. 22017-2. The split spoon sampler will be driven vertically into the undisturbed formation at the bottom of the drilled hole. B-9 ®1027 D. The sampler shall be returned to the surface and the recovered sample transferred to suitable containers as directed by the Town. Containers for soil samples that will be used to determine the strata penetrated shall be supplied by the Contractor. Containers for samples that will be analyzed for chemical quality will be supplied by the Town. The Contractor is required to have at least four (4) steam cleaned sampling spoons on hand at each well prior to beginning work. After each sampling, the samplers shall be cleaned by the cleaning procedure as described in Part 3.04. E. Split spoon samples shall be collected continuously in two (2) of the deep/clay interface wells and at five (5) foot intervals or significant changes in stratigraphy at the remaining five (5) deep/clay interface wells. It is anticipated that these samples will be obtained between ground surface and 150 feet. Sample recovery of less than 90% will not be acceptable, unless approved by the Town. 3.03 Casing and Screen Installation A. Casing and screen shall be installed by screwing together the individual pieces and installing them as one unit. B. Every effort shall be made on the part of the Contractor to assure casing plumbness and centralization within the borehole. C. Centralizers may be employed by the Contractor as an optional method of assuring centralization and plumbness, with prior approval of the Town. D. All casings and screens shall be constructed plumb and true to line. If, in the opinion of the Town, a well might be out of plumb, it shall be tested at the Contractor's expense in accordance with Section 1-6.2 and 1-6.3 (AWWA Standards - A100 for Deep Wells) . E. All drilling and well construction methods shall be as approved by the Town. B-10 3.04 Decontamination Procedures A. All drilling equipment and materials including augers, drill bits, tremie pipe, rods, casings, screens, and sampling equipment shall be high pressure steam cleaned of all foreign matter and void of any external oils and grease prior to use at each well . All decontamination/cleaning activities will be performed at a the decontamination pad to be constructed according to Drawing No. 4. The Contractor shall demonstrate to the satisfaction of the Town that the temperature of the steam is a minimum of 212°F. All contact equipment including sample pumps and hoses, drill string, water pump and water tank shall be flushed with potable water before each use and as directed during the drilling program. All equipment shall be cleaned to the satisfaction of the Town prior to use. Drill pipe lubrication shall be Crisco grease or equal , and approved by the Town. B. All equipment shall be stored above ground either on clean racks, pallets or plastic sheeting, with the approval of the Town, and covered with clean plastic sheeting. C. All down-hole equipment, instruments and tools shall be placed in a specially designated staging area constructed of clean pallets or equal substitutes. D. All decontamination activities for drilling/well installation/sampling equipment will be performed at the decontamination facility to be provided/constructed by the Contractor. E. All decontamination equipment and supplies shall be provided by the Contractor. F. The decontamination facility and all decontamination equipment is subject to approval of the Town. G. All water used in the drilling operation and equipment decontamination shall be provided by the Contractor. Acquisition (including cost of water, permits and other approvals), transport and storage of all water will be the responsibility of the Contractor. All water used for drilling and cleaning must be potable and as approved by the Town. B-11 3.05 Sand Pack Installation A. The sand pack shall be placed in the well by means of a tremie pipe to insure that no bridging of the hole occurs and shall extend from the bottom of the borerhole to no more than two (2) feet above the top of the screen or six (6) inches below the bottom of the screen. B. A finer grained sand pack material (100 percent passing the No. 30 sieve and less than two (2) percent passing the No. 200thelsandsix pack6betweeninches thethick sandmust andbtheplaced at the top o bentonite seal . 3.06 Bentonite Seal A. A bentonite seal shall be placed in the well by means of a tremie pipe or other approved method to insure that no bridging of the hole occurs and shall extend from the top of the sand pack, to a minimum of three (3) feet above the sand pack, or as otherwise directed by the Town. 3.07 Cement/Bentonite Grout Seal A. A cement/bentonite grout seal shall be placed above the bentonite seal to completely seal the annular space between the bentonite seal and the surface seal in each borehole. All cement/bentonite grout shall be installed using a tremie pipe or other method approved by the Town. B. The proportions of cement/bentonite/water in the grout mix shall be 94 pounds/5 pounds/6.5 gallons respectively. Ten (10) 'percent by volume of hydrated lime (CaO) may be added to facilitate pumping. C. Bentonite shall be of the Wyoming type manufactured by Sinco, American Colloid Company, Terra-Metric or approved equal . D. All grout shall be allowed to cure for a minimum of 12 hours or as necessary to provide a proper cure prior to starting the next phase of work. E. Abandoned boreholes shall be sealed with a cement/bentonite grout. The grout seal shall be installed using a tremie pipe. B-12 3.08 Neat Cement Grout Surface Seal A. The Contractor shall furnish and place neat cement grout in the annular space between the borehole wall and the surface casing and between the casing and the riser pipe, or as directed by the Town. Work shall include, but not be limited to: a. opening a clear annular space by circulation of potable water or drilling fluids and removal of any obstructions, b. mixing and placement of the cement grout in one continuous operation by pumping or tremie. B. Neat cement grout shall be a mixture of Type II Portland cement confroming to ASTM-C-150 and potable water. The water to cement ratio shall be five (5) to six (6) gallons of water per 94-pound sack of cement. A bentonite additive of 3% to 5%, or other ratio may be specified by the Town. The grout shall be placed by a continuous operation before initial setting of the cement. The grout shall be introduced at the base of the grouting interval to minimize dilution of the grout and bridging of the mixture with upper-formation material . Grout shall be pumped into place. 3.09 Protective Surface Casing and Locking Cover A. The Contractor shall furnish and install a steel protective surface casing with a locking cover at wells where so directed by the Town. The surface casing and cover shall be as indicated in Drawing No. 3. B. The concrete pad placed around the protective surface casing shall be a minimum of 2 1/2 feet in diameter. 3.10 Well Development A. Each well shall be developed by surging, using compressed air (double airline oil filters required), interrupted over-pumping, surge block and bailer, or other methods approved by the Town. Development shall continue until development water from the well measures 50 NTU (nephelo- metric turbidity units) or less and temperature, pH and specific conductance of the development water is stable B-13 at pumping rates of five (5) gallons per minute(gpm) , or as directed and until approved by the Town. If the well has not been effectively and satisfactorily developed, the well will not be accepted. B. All wells shall be tested for development (sand-free condition) and yield by pumping for a minimum of one hour. Pumping shall be at a rate of five (5) gpm or as directed by the Town. C. All wells shall be developed within 24 hours after completion, unless directed otherwise by the Town. 3.11 Well Abandonment A. In the event that the Contractor shall fail to install the well to the depth specified or to such lesser depth as directed by the Town, or should the Contractor abandon the well because of loss of tools or for any other cause through the fault of the Contractor, the Contractor shall, if requested and directed by the Town, seal the well/borehole using the following methods: overboring or removal of the casing to the greatest extent possible followed by perforation of any casing left in place; removal of all casing and well installations within the upper 5 feet of the boring; sealing by injection of non-shrink cement bentonite grout using a tremie pipe or other method approved by the Town from the bottom of the borehole upwards to 5 feet below the ground surface; and the restoration of the sealed site to a safe condition. 3.12 Protection and Site Cleanup A. At all times during the progress of the work, the Contractor shall use all reasonable precautions to prevent either tampering with the wells or the entrance of foreign material into the wells. The Contractor shall secure the borehole or well at the completion of work each day. B. Immediately upon completion of a well , the Contractor shall remove all of his equipment, materials and supplies from the site of the work, including decontamination facilities, remove all surplus materials, waste and B-14 debris, fill in all holes or excavations, and grade the site to elevations of the surface levels which existed before work started. The site shall be thoroughly cleaned by the Contractor and approved by the Town. Failure to comply with these requirements shall give the Town authority to authorize other contractors or workmen directed by the Town to enter upon the site and complete the cleaning up, grading, etc. The cost of this work shall be deducted from any money due or to become due the Contractor for construction of the wells. C. The Contractor shall be responsible for the protection of all equipment, materials and supplies provided by the Contractor. B•-15 Duck tson J:,, ♦. \ NEW YORK Pit: "'' �• 1 � \ • �� / ' �� \ QUADRANGLE LOCATION SOUTHOLD 6 s,' G \ ••.+ LANDFILL :ou ch \ • 3t \ 1 P y� �Cutcbogue$la \ ' BM ' • ` \ 'C •i '$stro4 Crn c. �� •++ /, �_eutch pn l 40 `0 \+� 1.- :^• \ "' :,�iS (f BM 32. e• � r70` f cF utchogve \ D o �_ �. •�_. I Noon Fo, c 1 \ + lfa \ n �.. +�_••• J 20 .• C7 p'CofMvy Cl,b 8M ! A. 75 SCALE IN FEET SOURCE: USQS, MATTITUCK HILLS 3 SOUTHOLD QUADRANGLES 0 1000 2000 TOWN OF SOUTHOLD SOUTHOLD LANDFILL Ovirka Oand Baa SITE LOCATION MAP DRAWING NO.1 C0+S-,[7+OeEfw k COX LANELEGEND MW-1 •• PROPOSED GROUND WATER i MONITORING WELL CLUSTER MW-5 •• VT MW-4 �- - •� -� �+ c PLANNED LANDFILL MW-3 MW-7 I O MW-2 S-75113 a �— — S PLY WELL to , DEXISTING LANDFILL WEIGHING j SCALES O / — S-T104SOOS-69761 � 5-68831 _ S-68916 O � D v ` I mw-6 �— SCDHS PROJECT S-7668 WELL O p INFERRED REGIONAL GROUNDWATER FLOW DIRECTION APPROXIMATE SCALE: 1' = 400' 8MW-1 TOWN OF SOUTHOLD SOUTHOLD LANDFILL Dvkka and PROPOSED MONITORING WELL LOCATIONS DRAWING NO.2 r 5"I.D. STEEL CAP MINIMUM 9 VENTED PVC CAP HASP , n 4"I.D. STEEL PADLOCK PROTECTIVE CASING NEAT CEMENT SLOPED 3�- 6 2" I.D. SCHEDULE 40 PVC i' THREADED FLUSH JOINT RISER CEMENT- BENTONITE GROUT BENTONITE SEAL ------- 3'-0" 6"— FINER GRAINED SAND SAND PACK EXTENDING PACK, 6" THICK, PLACED AT MAXIMUM OF 2 FT. 21-011 TOP OF SAND PACK BETWEEN ABOVE AND 6"BELOW BENTONITE SEAL AND SAND WELL SCREEN PACK V 20' x 2" STAINLESS STEEL SLOTTED SCREEN WITH y'. BOTTOM PLUG (SHALLOW WELL) * SIE NOTE: 10' x 2" STAINLESS STEEL SLOTTED SCREEN WITH BOTTOM PLUG FOR DEEP WELL TOWN OF SOUTHOLD SOUTHOLD LANDFILL Dvirk, PLAN FOR CONSTRUCTION and B, ,c�cj OF MONITORING WELLS .,.ef...� . DRAWING NO. 3 4•X S•X 6/8" PlYw000 —0 ��E s 1� 24 �Q. 6S GALLON ►LATfORm — STORAGE —^ � oaums \ FURRING STRIPS 7 2-X 4r SOARDS PLASTIC SHEETING NAIL � J FURRING \ STRIP PLYWOOD r•x s•• 1 I 80AR0 PLASTIC C71 SHEETING .......... SLOP[ SUMP 1 IS GALLON 1 Pump 2_ PAIL$ SAND PLASTIC SHEETING TOWN OF SOUTHOLD SOUTHOLD LANDFILL i owe PLAN FOR CONSTRUCTION OF and OEkwtkmd DECONTAMINATION PAD DRAWING NO. 4 - BID SCHEDULE MONI'ORING WELL CONSTRUCTION FOR SOUTHOLD LANDFILL SOUTHOLD, NEW YORK Contractor's Signature: Title: _ _�Rg R Date: / y Company Name: & L 14A9 I Z L Company Address: Note: By signing this Bid Schedule, the Contractor agrees to accept all terms and conditions of the entire contract. Prices are to remain in effect for twelve (12) months. Total Estimated Unit Price* Item Price Item Description Unit Quantity Dollars Dollars 1. Mobilization, Set-Up and Demobilization a. Site Mobilization Lump Once .��DD. 00 ��•�0 and Demobilization Sum b. Construction of Lump Once Decontamination Pad Sum 2. Set Up at Each Borehole Each 14 s�2,�; Borehole Boreholes 3. Borehole Drilling** (6-1/4 inch ID auger, 6" ID spin casing or alternate approved by the Town) a. Shallow Borings Lineal 385 Lineal / 5•• 07 j J�,�0 (7 water table wells Feet Feet - - avers a depth of 55 feet}g*** b. Deep Borings Lineal 1050 Lineal : J� �� �, � S�.Q� (7 deep/clay interface Feet Feet - wells - average depth of 150 feet)*** *Unit Price must include all costs for labor, materials, per diem, etc. **Borehole.must be a minimum of four (4) inches in diameter greater than the casing diameter of each well ***Depth below ground surface CP-1 Total Estimated Unit Price Item Price Iteni Description Unit Quantit Dollars Dollars 4. Soil Sampling Split 300 Split (split spoon including Spoon Spoon J ol) PfM 60 decontamination) Samples Samples 5. Well Installation (materials and labor) a. Shallow Wells 1. 2" Schedule 40 PVC Casing (Average depth from 2-1/2 LineFeet 263 FeetLineal 1, 70 4Z 7. I0 feet above ground to 35 feet)*** 2. 2" Schedule 304 Wire Wrapped Stainless Steel Screen (avera a*depth Feet al Feet 140 00 O O 3� q0-OD 35 to 55 feet 3. 2" Stainless Steel Screen Bottom Plug Plug 7 Plugs 0 4. 2" Vented PVC Well Caps Cap 7 Caps b. Deep Wells It 1. 2" Schedule 40 PVC Casing (average depth from 2-1/2 feet abbveground to 140 Lineal 998 Lineal feet)*** Feet Feet �• �Q l7 �•�� 2. 2" Schedule 304 Wire Wrapped Stainless Steel Screen (average depth 140 to 150 Lineal Lineal FeetFeet /• DO feet)*** G, 3. 2" Stainless Steel Screen Bottom Plug Plug 7 Plugs /e.7-00 4. 2" Vented PVC Well Cap Cap 7 Caps DD 6. Bentonite Seal Bag 14 Bags ,2 . 2 (100 lbs. per bag) CP-2 Total Estimated Unit Price Item Price Item Description Unit Quantity Dollars Dollars 7. Cement/Bentonite Grout Per Bag 200 Bags l� U D -?S�DU.014, Portland Cement - Type I (100 lbs. per bag) 8. Sand Pack Per Bag 65 Bags S17 5 Q (100 lbs. per bag) 9. Neat Cement Grout Per Bag 14 Bags Portalnd Cement - Type II (94 lbs. per bag) 10. Well Development Per Hour 56 Hours 11. 4" Protective Steel Surface Per.-- 14 Casings Casing and Locking Cover Casing and Locking and Covers Locking �po od Cover �7-V 12. Provide for Containment of Per 50 Decontamination Water, 55-Gallon 55-Gallon Development Water and Drum Drums Purge Water On-Site 13. Provide for Containment of Per 30, Drillings and Cuttings 55-Gallon 55-Gallon On-Site Drum Drums lr�s�Q �SO-00 14. Standby Time Per Hour 20 Hours J7U • <3 , o0 TOTAL AMOUNT OF BID (IN FIGURES) $ �, ! j TOTAL AMOUNT OF BID (IN WORDS .`/ %% f,� r�� ���� �/v G//T, fiU1:- /7/ / fA /,/ IG (% /� i / r, .// DOLLARS CP-3 Bid will be compared on the basis of the TOTAL AMOUNT OF BID. The total Amount of Bid is defined as the sum of the Total Price Bid for each Item. Estimated quantities where given are approximate and are only for the purpose of rating the bids. The Town reserves the right to omit or add to the construction of any portion or portions of the work heretofore enumerated or shown on the Drawings. The Town reserves the right to omit in its entirety any one or more items of this Contract without forfeiture of Contract or claims for loss of anticipated profits or any other claims by the Contractor on account of such omissions. ®1027 CP-4 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder_, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) ��`1w� ,n✓��-". (Corporate Title) (if any) Bid on WELL DRILLING SERVICES 4...� JUDITH T. TERRY , Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS r.-"t Southold, New York 11971 '! MARRIAGE OFFICER Fax (516) 765-1823 :,aY'y '�,• •� � _-,,,� ', Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 13, 1991 Norma Werling RSL Well Drilling 31 Union Avenue Islip, New York 11751 Dear Mrs. Werling: Enclosed is two copies of the Well Driling contract between the Town of Southold and RSL Well Drilling. Please have each copy executed on Page 12 of 12 and return one (1) executed copy to me with the required insurance certificate and bond. If you have any questions, do not hesitate to contact me. Very truly yours, Judith T. Terr I iG!�C d y Southold Town Clerk Enclosures (2) JUDITH T. TERRY - Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS J Southold, New York 11971 MARRIAGE OFFICER _ Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 Louis H. Zackman REL Well Drilling 31 Union Avenue Islip, New York 11751 Dear Mr. Zackman: The Southold Town Board, at their regular meeting held on February 5, 1991 , accepted your bid in the amount of $64,510.00 for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Certified copy of the resolution is enclosed. The contract for this project is being prepared by the Town Attorney and you will be contacted shortly with respect to same. Your five percent Bid Bond will be returned to you upon execution of the contract. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka E Bartilucci JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 Stephen Tyree, President Tyree Brothers Environmental Services Inc. 208 Rt. 109 Farmingdale, New York 11735 Dear Mr. Tyree: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of R&L Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka & Bartilucci THE AMERICAN INSTITUTE OF ARCHITECTS fs AIA Document A310 BBSU 854880-90 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TYREE BROS.ENVIRONMENTAL SERVICES, INC. (Here insert full name and address or legal title of Contractor) 208 ROUTE 109, FARMINGDALE, NY 11735 as Principal, hereinafter called the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY (Here insert full name and address or legal title of Surety) 24 COMMERCE ST. , NEWARK, NJ 07102 a corporation duly organized under the laws of the State of NEW JERSEY as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, Suffolk County,NY (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of 5% of Amt. bid Dollars ($ 5% ), 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 (Here insert full name,address and description of project) Well Drilling Services for the Southold Town Landfill Site, Cutchogue. 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 22 day of January 19, 9.1 TYREE BROS. ENVIRONMENTAL SERVICES/ INC. (Principal) �U-•- /L /7 (Witness) �"� y 1,c`t. .t � •J (Title) INTERNATIONAL FIDELITYN�;W-&CE COMPANY (Sure ) (Seal) (Witness) THERESA S BURKE (Title) ATTORNEY—IN—FACT AIA DOCUMENT A310• BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN e. �— INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Town Hall. 53095 Main Road JUDITH T. TERRY P.O. Box 1179 TOWN CLERK Southold. New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 John E. Barn, President Water Resources Inc. 35-01 222 Street Bayside, New York 11361 Dear Mr. Barn: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of RSL Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Check. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka S Bartilucci JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 Donna L. Bensin, President Delta Well S Pump Co. , Inc. 97 Union Avenue Box 1309 Ronkonkoma, New York 11779 Dear Ms. Bensin: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of RSL Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka S Bartilucci THE AMERICAN INSTITUTE OF ARCHITECTS 0 AIA Document A310 Bid Bond BBSU 856765-90 KNOW ALL MEN BY THESE PRESENTS, that we DELTA WEdPUMP MPCOINC. ert full name anaddressor legal title of 97 UNION AVE. ,BOX 1309, RONKONKOMA,NY 11779 as Principal, hereinafter called the Principal, and INTERNATIONAL nSFIDELITY full name andINdSURANadress or gE�tICOMPANY (Here iof Surety) 24 COMMERCE STREET,NEWARK,NJ 07102 a corporation duly organized under the laws of the State of NEW JERSEY as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) TOWN BOARD OF TOWN OF SOUTHOLD as Obligee, hereinafter called the Obligee, in the sum of 5% OF AMOUNT BID Dollars ($ 5% AMT 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, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for WELL DRILLING SERmESFOTOWNoA FILL (Here insert full e address and project) SITE(14 MONITORING WELLS) 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 goo's 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 bons, 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 18th day of JANUARY 19 91 DELTA WELL & PUMP CO. ,INC. (Principal) (Seal) (Witness) i ;n DONNA L. BENSIN (Title) PRESIDENT INTERNATIONAL FIDELITY INSURANCE COMPANY lie rety) (Seal) itness) i EILEEN DI PAOLO (Title) ATTORNEY—IN—FACT AIA DOCUMENT A310•BID BOND•AIA®• FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Town Hall. 53095 Main Road JUDITH T. TERRY P.O. Box 1 179 TOWN CLERK Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 Judy Baye, President American Auger & Ditching Rt. 23 Box 147L Constantia, New York 13044 Dear Ms. Baye: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of R&L Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Check. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka & Bartilucci JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 Frank Gregory, President Warren George, Inc. Foot of Jersey Avenue Jersey City, New Jersey 07303 Dear Mr. Gregory: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of R&L Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka & Bartilucci FIREMAN'S FUND INSURANCE COMPANY C A- SAN FRANCISCO FIREMAN'S FUND MSURAMC MMMMS BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE, \ %Y -tet �SE� /v ,Z as Principal, ani FIREMAN'S FUND INSURANCE COMPANY, a California corporation, as Surety, are held and firmly bound unto as Obligee, in the penal sum of /0 r l `� L�'v 'r d3 � DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this /0 day of J �. 19 `�J WHEREAS the said Principal is herewith submitting proposal for r i2l l,t_ t ry 6 S F Iq t/ i C %f NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Pri:.c:pal shall execute a contract and give bond for the faithful performance thereof within the time required in the bidding or contract -iocuments, or if the Principal or Surety shall pay the Obligee the sum, not exceeding the penalty hereof, by which the amount of :.e contract, covering the said proposal, properly and lawfully executed by and between the Obligee and some third party, may excee- the amount bid by Principal, then this obligation shall be void; otherwise it shall remain in full force and effect. Principal d FIREMAN'S FUND INSURANCE COMPANY Attorney- Fact v 360097—FF-9-65 JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 W. Dean Anderson, Vice President Empire Soils Investigations Inc. 35 National Road Edison, New Jersey 08817 Dear Mr. Anderson: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of R&L Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka S Bartilucci ® SAFECO NSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL NSURANCE COMPANY OF AMRICA SAFECO� HOME OFF CE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 Bond BID BOND KNOW ALL BY THESE PRESENTS, That we, EMPIRE SOILS INVESTIGATIONS , INC. of 140 TELEGRAPH RD. , MI DDLEPORT , NY 14105 (hereinafter called the Principal), as Principal, and GENERAL INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety, are held and firmly bound unto TOWN OF SOUTHOLD, NY (hereinafter called the Obligee) in the penal sum of F I VE P E RCE N T OF AMOUNT OF B I D* * * * * * . * * * * * * * * * * * * * * * * * * * * * * Dollars ($ 5% OF B I D* ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for WELL DRILLING PROJECT ON SOUTHOLD TOWN LANDFILL IN CUTCHOGUE , NY NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 23RD day of JANUARY 19 91 EMPIRE S S (Seal) I NVEST GAT 0 1 C. Principal Witness Title GENERAL INSURANCE COMPANY OF AMERICA By Aitorney-in-Fact Registered trademarK of SAFECO Corporation. S-1561/EP 7178 PRINTED IN U.S.A. JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 13, 1991 James Bedell, President Bedell Well Drilling Corp. 441 Furrows Road Holbrook, New York 11741 Dear Mr. Bedell: The Southold Town Board, at their regular meeting held on February 5, 1991, accepted the bid of R&L Well Drilling, Islip, New York, in the amount of $64,510.00, for Well Drilling Services in connection with the Southold Town Landfill Hydrogeologic Investigation. Returned herewith is your five percent Bid Check. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Dvirka 6 Bartilucci �oc��FFOIk��Gy JUDITH T. TERRY :G Town Hall, 53095 Main Road TOWN CLERK =O T P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER J� Fax (516) 765-1823 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, 1991 : RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of R6L Well Drilling, Islip, New York, for Well Drilling Services in connection with the Southold Town Hydrogeologic Investigation, at a cost of $64,510.00; all in accordance with the recommendation of Dvirka and Bartilucci, the Town's consulting engineers; and be it further RESOLVED that Supervisor Scott L. Harris be and he hereby is authorized and directed to enter into an agreement between the Town and RSL Well Drilling for the aforesaid services, all in accordance with the approval of the Town Attorney. Judith T. Terry�i C Southold Town Clerk February 7, 1991