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Home My WebLink AboutFishers Island Metal Dump (3)JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 30, 1997 Thomas Pappalardo, President Tri -S Incorporated Division Environmental Services of America, Inc. 25 Pinney Street Ellington, Connecticut 06029 Dear Mr. Pappalardo: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 i Returned herewith is your Performance Bond with regard to your contract to perform site remediation at the Fishers Island Metal Dump. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure M N GorC & F Commercial Insurance a Crum and Forster organization BOND NUMBER US -00100425 Address All Correspondence To: United States Fre Insurance Company 518 Stuyvesant Avenue P. 0. Box 615 Lyndhurst, NJ 07071-9836 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that TRI -S INCORPORATED 25 PINNEY STREET ELLINGTON CT 06029 - as Principal, hereinafter called Contractor, and, United States Fire Insurance Company P.O. Box 615 Lyndhurst, NJ 07071-9836 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHHOLD NEW YORK TOWN HALL 53095 MAIN ROAD SOUTHHOLD NY 11971 - as Obligee, hereinafter called Owner, in the amount of Two Hundred Sixty Nine Thousand One Hundred Fifty and 00/100 Dollars ($ *****$269,150.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, succesrrs'and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 06/19/1995, entered into a contract with Owner for PERFORM SITE REMEDIATION AT THE "METAL DUMP" ON FISHERS ISLAND in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AIA . FEBRUARY 1970 ED. THE AMERICAN INSTTTU E OF ARCFITECT5.1735 N.Y. AVE, N.W.. WASHNGTON. D.C. 20006 P51 NOW, THEREFORE, THE ("ION OF THIS OBLIGATION is such ti'ilR1!■Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the: Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract fails due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Bond US -00100425 has been signed, sealed and dated on 06/27/1995. I -S INCORPORATED BY (VT1tness) P14jj ltle) (Witness) UNITED STATES FIRE INSURANCE COMPANY r _ Laura N. Collins Attorney -in -Fact AIA DOCUMENT A311 - PERFORMANM BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA - FEBRUARY 1370 ED. THE AMERICAN INSTITUTE OF ARCFNTEM. 1735 N.Y. AVE. N.W.. WASHINGTON, D.C. 90006 P51 C & F Commercial Insurance a Crum and Forster organization AIA Document A311 N BOND NUMBER: US -00100425 Address All Correspondence To: United States Fire Insurance Company 518 Stuyvesant Avenue P.O. Box 615 Lyndhurst, NJ 07071-9836 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: that TRI -S INCORPORATED 25 PINNEY STREET ELLINGTON CT 06029 - as Principal, hereinafter called Principal, and United States Fire Insurance Company 518 Stuyvesant Avenue, P.O. Box 615 Lyndhurst, NJ 07071-9836 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHHOLD NEW YORK TOWN HALL, 53095 MAIN ROAD SOUTHHOLD NY 11971 - as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Sixty Nine Thousand One Hundred Fifty and 00/100 Dollars ($ *****$269,150.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS; TRI -S INCORPORATED Principal has by.written agreement dated 06/19/1995, entered into a contract with Owner for PERFORM SITE REMEDIATION AT THE "METAL DUMP" ON FISHERS ISLAND in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA • FEBRUARY 1970 ®. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE N.W., WASHINGTON, D.C. 20006 P52 NOW, THEREFORE, THE COON OF THIS OBLIGATION is such th"ncipal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonable required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the: state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part hereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Bond US -00100425 has been signed, sealed and dated on 06/27/1995. , 1S INCORPORATED B� (fitness) UNITED STATES FIRE INSURANCE COMPANY UL - (Witness) Laura N. Collins Attorney -in -Fact AIA DOCUMENT A311 • PEA0:ORKW4CE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA . FEBRUARY IM ®. THE AMERICAN INSTITUTE OF AR(HfTECiS. 1735 N.Y. AVE.. N.W.. WASHINGTON. D.C. 20006 P52 ACKNOWLEDGEMENT OF SURETY US -00100425 State of New Jersey ss. County of Bergen On 06/27/1995, before me personally came Laura N. Collins to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of United States Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attomey-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. SHARON M. ZWARYCZ NOTARY PUBLIC Of NEW JERSEY My commission expires MY COMMISSION EXPIRES PAIL t4, 2000 G /. 4 Notary Pub' / 00 so Bond #US -00100425 ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION STATE OF )ss: COUNTY On the ,_ day of in the year 199-5--, before me personally came to me known, who, being by me duly sworn, did depose and say that (s)he resides at G (ac 6., r '4 (. T , that (s)he is the f p Lsj-rj",A- of 5 1 c c r pc r Q j , the corporation described in and which executed the above in ument; and that (s)he signed her/his name thereto by order sof the Board of Directors of said corporation. MY Commission Exp. Nov. 30, 1999 Notary ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP STATE OF )ss: COUNTY OF ) On the day of in the year 19 , before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and (s)he duly acknowledged to me that (s)he executed the same for and in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL STATE OF )ss: COUNTY OF ) On the day of in the year 19 , before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument and (s)he duly acknowledged that (s)he executed the same. Notary Public 00 UNITED STATES FIRE INSURANCE COMPANY NEW YORK, NEW YORK STATEMENT AS OF DECEMBER 31, 1994 ASSETS LIABILITIES AND SURPLUS Bonds ................................ $1,970,782,834 Losses and Stocks: Adjustment Preferred ................... 1 Expenses..................... $1,732,137,991 Common ................... 53,942.435 53,942,436 Taxes and Real Estate ........................ 73,777,621 Expenses..................... 50,225,339 Cash and Bank Unearned Deposits ...................... 8,098,085 Premiums..................... 305,105,772 Short Term Other Liabilities ................ 141,656,211 Investments ................. 155,087,837 Capital........................... $4,586,262 Premium Balances Paid in and Receivable ................. 252,228,261 Contributed Equities and Deposits Surplus ..................... 496,522,972 in Pools and Other Surplus ................ 144,464,435 Associations ............... 9,739,883 Surplus to Other Assets ..................... 351,042,025 Policyholders............... 645,573,669 Total Admitted Assets 2,874,698,982 Total Liabilities and Surplus 2,874,698,982 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. STATE OF NEW JERSEY SS: CO UNTY OF MORRIS DENNIS J. HAMMER, Senior Vice President & Controller and RICHARD A. ANNESE, Vice President of the united States Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1994 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1994 according, to the best of their information, knowledge and belief, respectively. Corporation's Seal Sworn to and Subscribed before me this 28th day of March, 1995. DAWN M. SIEBENS NOTARY PUBLIC OF NEW JERSEY Notarial seat MY COMMISSION EXPIRES JULY 25, 1998 Senior Vice P esident & Controller Vice President "` POWER OF ATTORNE3ft TED STATES FIRE INSURANCE O ANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY ("Company"), a corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Robert A. Nicosia, Margaret A. Nicosia, Michelle Nicosia, Laura N. Collins, Lisa V. Kenny, Kimberly M. D'Ascoli, Cathy M. Glavin, and Adrianne Scalera of Lyndhurst, New Jersey, each its true and lawful Agent(s) and Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver. Any and all bonds and undertakings SUBJECT TO THE EXCLUSIONS LISTED BELOW: Any and all bonds and undertakings. and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of March, 1995. Attest: W" sistant Secretary -Yop-� s les R. Van Buskirk STATE OF NEW JERSEY) ss.. COUNTY OF MORRIS ) STA F SUXkNCE COMPANY Vice President Richard A. Annese On this 28th day of March, 1995, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me personally known io€jcers described in, and who executed the preceding instrument, and they acknowledged the execution of t lig me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that tlie; xed to, eding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their s m I _ er duly affixed and subscribed to the said instrument by the authority and direction of the said ..�---r.. j - xO RIDF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and .: I; iii¢ ♦♦ UCC:.�tn� i .•_:. °... (Sig 1811cm %- sER Nd At.,r i t��_•� °;r rRSc{ i �, v ��`�� r�tir cern :ii�5; t 2S J ; i a , ;s�� (Seal) uu1nnti11 t c� a Notary Public This Power of Attorney is gran,cant to Article IV of the By -Law D STATES FIRE INSURANCE . COMPANY as now in full force and which provides as follows: ARTICLE IV., Execution of Instruments: "The Chairman of the Board, Vice -Chairman of the Board, President, or any Vice -President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall ]Lave power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding —paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which.provides as follows: ARTICLE III., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, .or otherwise produced ... The Corporation may continue to use for the purposes herein stated the facsimile signature, of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.". CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article III., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof'; I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _ 27thday of June By %L - Assistant Secretary Herbert H. Linder '' � 0FF0 • JOHN A. CUSHMANSOS �' Q O ACCOUNTING &FINANCE SENIOR ACCOUNTANT =� Gy DEPARTMENT o CA P.O. Box 1179, 53095 Main Road Telephone (516) 765-4333 Southold, New York 11971-0959 • Fax (516) 765-1823 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR July 11, 1996 Mr. Joseph R. Tuttle, P.E. Project Engineer South/Eastern Projects Section New York State Environmental Facilities Corporation 50 Wolf Road Albany, NY 12205-2603 Re: SRF Project 5110-02 Fishers Island Metal Dump Reclamation Dear Mr. Tuttle: As I indicated to you in my letter of May 31, 1996 regarding your letter of October 19, 1995 to then Supervisor Thomas H. Wickham, enclosed herewith you will find the Certificate of Completion provided by the Town Engineer for the above referenced project. In the event that you require any further information, please feel free to contact me. Very truly yours, � C.'"', Jean W. Cochran Supervisor cc: Town Board Town Attorney Town Engineer Solid Waste Coordinator Senior Accountant hhO 0 • NEW YORK STATE REVOLVING FUND (SRF) FOR WATER POLLUTION CONTROL Engineer's Certification of Project Completion (Applicable to All SRF Projects) Municipality: I Q W N OF Soo-rHOLD SRF Project Number: '511c) - G) 2 Project Description: Fi S N cRS :]�S LAN,D METAL Dome REGLAmfin tq JVFFOLK. COUNTY Pursuant to Section 6 NYCRR 649.7(f) of the SRF Regulations, I certify that the con truction of the referenced project including environmental mitigating measures was completed on 2$ 1g4(e in accordance with the approved plans and specifications or approved amendments thereto. Engineering Firm: SOOTHOLD—1-ow" 'DEPAg—rmcmi, (Name of Firm) T•0 !fix (� S, PeGO N t LRtiE PC, C.0 N tG _ 1 7 Y. �ci5 S JAM6-5 (Address)) A , 3olo (Contact Person) Design Engineer's Signature and Seal: Date: Number) August 4, 1995 _ �guFFoI�.o RAYMOND L. JACOBS SUPERINTENDENT SOUTHOLD TOWN HIGHWAY DEPARTMENT Dy • !� Fax. (516) -765-1750 0 JAMES A. RICHTER, R.A. OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Hon. Jean W. Cochran, Supervisor Members of the Southold Town Board Town Hall, 53095 Main Road Southold, New York 1 1 9 7 1 M Dear Jean: ENGINEERING INSPECTOR PECONIC LANE, PECONIC, N.Y. Tel.(516)-765-3070 JUNE 20, 1996 Final Inspection - Fishers Island Metal Dump Remediation Project As per your request, I conducted a final inspection of the Fishers Island Metal Dump on June 6, 1996. The following individuals were present during my site inspection: Louisa Evans, Charles King, Jim Hancock, Ed Capabianco & Dave Waddington Jr. Weather conditions were sunny & 75 degrees F. The following is a list of my findings: The dump site consists of two large open pit bunkers that are interconnected by a system of underground vaults and passageways. The western bunker is approximately 40% filled in with C & D Material that has been screened out of the metal recycling process. This material consists mainly of Dirt, Concrete & Stone along with other miscellaneous C & D products that are scattered throughout the material. I have been informed by Mr. Capabianco that this material has been tested and that the DEC has approved the use of this material as backfill that will remain on the site. Mr. Bunchuck has been asked to obtain confirmation of this, in writing, from the DEC. The eastern bunker was approximately 99% clean. During my inspection, one excavator and one pay loader was removing the last remaining debris from the pit. A large pile of brush and stumps located in the north east corner of the pit were to be removed off site and delivered to the Island's Brush Dump. Three large roll -off containers are still on site. One was covered and filled with metal debris and the other two were filled with tires. I have received copies of the daily logs from Mr. Capabianco and the Contractor. have also reviewed the Contract Requirements & Specifications for remediation of the Metal Dump. Once the remaining brush has been cleared and the roll -off containers and heavy equipment has been removed from the Island, the Contract will be substantially complete. As per section 3.7 B of the Specifications, I will fill out the Certification of Project Completion when I have received written certification from the DEC that all solid waste has been removed. Page 1 of 2 W Final Inspection - Fishers Island Metal Dump Remediation Project JUNE 20, 1996 Page 2 of 2 I would like to offer the following recommendations for final closure of the overall site. These items would not be considered part of the contract for remediation of the Metal Dump. The C & D Material that has been screened out of the metal and approved as fill by the DEC has been graded out over the top section of the site and has partially been used to fill in the western most bunker. I would like to suggest that all of this material should be graded into the west bunker in such a manner as to fill this hole entirely. This will prevent future erosion problems as well as prevent someone from climbing into the hole and getting hurt due to loosely backfilled material that may have a tendency to move. 2. It was clear from my site inspection that at some point in time all access openings to underground areas had been sealed to prevent access. Over the years the elements have deteriorated the walls and steel doors and eroded the fill that was placed over some of these openings. . Currently, there is easy access to the underground vault areas. The east bunker, now cleared of all debris, also opens up into underground vaults and tunnels. At this time, I would recommend that all access to underground tunnels and vaults be sealed. Without adequate light & ventilation and due to the current condition of existing finish materials found within the vault areas, I would consider all underground areas to be un -safe. 3. Perimeter fencing should be erected around the top of the east bunker. The vertical depth of this bunker is in excess of twenty (20') feet and since this bunker will remain open, a permanent fence should be required to prevent accidents. If the upper portion of the site will still be utilized by vehicles, guard rails and earth berms should also be installed for the same reason. 4. It has been suggested that the open bunker might be used by local contractors for storage of materials or composting. I would agree with this assessment. The use of underground areas by anyone for any reason would not be recommended for reasons as stated in item # 2 above. If you have any questions concerning this report or the recommendations contained herein, please contact my office. i erely, aures A.ichter, 4.A cc: Raymond L. Jacobs Jim Bunchuck James Bunchuck Solid Waste Coordinator May 29, 1996 SOUTHOLD TOWN SOLID WASTE DISTRICT TO: QQTown Board Members FROM: WWRm Bunchuck 10 /-Z - 1-71- P.O. Box 962 Cutchogue, New York 11935 Tel.: (516) 734-7685 Fax: (516) 734-7976 MAY :5 0 1996 SoW61d Town Clerk SUBJECT: Nearing Completion of Fishers Island Metal Dump Excavation This memo is to inform you that the excavation work on the Fishers Island metal dump is almost finished. Yesterday, I visited the site and observed the final phase of activity, as well as results of the work done so far. Current Status The site is nearly free of debris subject to removal. One portion of the site, the East Pit, is virtually clean, the exception being a few items strewn about such as a couple of old lawnmowers, a shopping cart, etc. The West Pit is mostly cleared, but still contains a small pile of metal and other debris mixed with dirt. This pile will be sifted to remove any sizeable pieces of debris. The pit also contains some large rocks and pieces of concrete, which Ed Capobianco recommends be used to block off entrances to some of the tunnels that connect the pits, and which go deep into the ground. This will prevent the fill that will eventually be put back into the pit from seeping into the tunnels, causing settlement problems. I agreed with this, and the contractor will be asked to place the rock accordingly. Full removal of the remaining debris in the pits should be accomplished by Saturday, June 1. Additional Work Remaining The following steps still need to be taken to complete work at the metal dump: 1) Site Restoration The contractor has been instructed to re -place the clean soil and fill remaining on the site after the removal of debris into the pits as the first step toward restoration of the site to a safe condition. There is also a substantial amount of road sweepings at the Highway yard that Ray Jacobs has said he will help us in trucking to the pits. Even after the soil and sweepings are placed, however, there will still need to be more material delivered to the site to bring it up to a safe grade. The contractor is not responsible for this and it will therefore be up to the Town to locate fill and to complete the restoration. The Town Engineer should be involved in directing the restoration to ensure proper run-off and drainage, fencing, etc. t Town Board Memorandum 5/29/96 Metal Dump Completion p 2 2) Disposition of Electrical Transformers One item remaining to be resolved concerns disposition of the metal housing to electrical transformers that were found during the course of the excavation. About 16 of these items were removed from the pits, and set off to one side. It was expected that these pieces would have to be handled as "hazardous," instead of as scrap metal, as they once held PCB -laden oil. This would cost an additional $3,000-$4,000 over and above the bid price of TRI -S Inc., as per the contract. Ed told me that TRI -S is willing to let the Town make the call as to whether these items should be treated as hazardous. The housings are completely clean, as far as I can tell. As such, there is unlikely to be any remaining PCB contamination, since PCBs need a medium -- such as oil or sludge -- to cling to. This can be verified on simple observation. In addition, Jim Hancock has said that transformers he saw deposited in the dump were empty at the time they were buried. I recommend telling TRI -S the Town intends to handle these items as scrap. To avoid future problems, I also recommend letting the DEC know the Towns intentions, and that we keep special chain -of -custody records to show the ultimate disposition of the transformers. The DEC may wish to observe the pile prior to approving such a move, in which case they could do so upon their inspection of the site when work is completed. Based on the current schedule, such an inspection could take place next week. 3) Future Uses of the Site Ed has told me that an Island resident has expressed interest in using one of the pits for storage of some equipment and mulch, and some of the tunnels as a possible site for growing mushrooms. If the Town wishes to entertain an alternative use of all or part of the site, it should address this question before completing any restoration work. Having some ongoing use of the site could help in maintaining safety. • „ rz�z7 ��z-r,,_ James Bunchuck Solid Waste Coordinator March 25, 1996 TO: ury Dowd FROM: Jim Bunchuc k ,rf1�0�VFF0(�CO� 0 ce SOUTHOLD TOWN SOLID WASTE DISTRICT P.O. Box 962 Cutchogue, New York 11935 Tel.: (516) 734-7685 Fax: (516) 734-7976 SUBJECT: Resumption of Fishers Island Metal Excavation Last week, Pete Olson of TRI -S Inc., contacted me to ask if TRI -S could resume the excavation work on Fishers this Monday, April 1. I told him I believed there would be no problem so long as Ed Capobianco could be there to continue his oversight of the project for the Town. Ed will be available. Mr. Olson told me he thought TRI -S would need another 3-4 weeks to complete their portion of the work. I asked him to send me a memo or letter announcing their intention to resume the work. I have not received anything yet, but should within a day or so. Please let me know if you want me to contact Mr. Olson regarding his plans. Keep in mind that TRI -S's final step will be to replace the oil -soaked soil back in the concrete bunkers. It will then be the Town's responsibility to cover the soil with clean fill as per our understanding with the DEC, and to do some grading of the ground around the bunkers to return the site to a safe condition. This raises two issues: 1) whether there is enough clean soil in the vicinity of the site to re -grade the bunkers to a safe condition, and 2) who will do the work. As for the availability of soil, Ed feels there is probably not enough on site to adequately replace the thousands of yards removed during the project; i.e., some more will need to be found. As for doing the work once enough soil is on hand, Ed estimates that one operator with a bulldozer would need 1-2 weeks at most to do the job. Ed is an experienced bulldozer operator and would be available for the work. The Town would need to rent a bulldozer. CC, Supervisor Cochran Town Board Members John Cushman Ed Capobianco 1# taFFO[ 4r 4.,IL 0 JOHN CUSHMAN y Z Senior Accountant Data ConUry tro Supervisor ACCOUNTING & FINANCE DEPARTMENT 'yiJ' °� CENTRAL DATA PROCESSING Telephone (516) 765-4333�.� �►a P.O. Box 1179, 53095 Main Road Fax (516) 765-1823 Southold, New York 11971-0959 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD MEMORANDUM To: Town Board From: John Cushman Subject: Fishers Island Metal Dump Date: January 31, 1996 In reviewing the long-term loan documents from New York State Environmental Facilities Corporation, I find that closing costs of $4,592 will nearly exhaust the contingency line we are using to fund Ed Capobianco's supervision of the Fishers Island Metal Dump project. I have prepared a schedule which shows $913.07 remaining for this purpose; this will pay for about a week of Ed's time. Please discuss this matter and determine if funds should be made available from the General Fund to pay for Ed, if Ed is really needed on the island anymore, or if the contractor might be held responsible for these added costs as a result of their delays in completing the project. Your attention to this matter is appreciated. FI Metal Dump Budget Summary KecOnclllauOII Original Modified Actual Subtotal Actual to Budget Budget & Encumbered Remainin Construction 269,114.00 269,114.00 269,114.00 0.00 Bond Counsel 5,000.00 5,867.29 5,867.29 0.00 Issuance Costs 7,807.00 7,856.09 7,856.09 0.00 Force Account 0.00 14,228.90 13,315.83 913.07 Miscellaneous 0.00 2,933.72 2,933.72 0.00 536.70 281,921.00 300,000.00 299,086.93 913.07 Contingent 18,079.00 0.00 0.00 0.00 73.72 300,000.00 300,000.00 299,086.93 913.07 KecOnclllauOII OI Aclalal & Encumperea Payee) Actual to Total Actual Vendor Date Encumbered & Encumbered Construction Tri -S, Inc. 217,320.00 51,794.00 269,114.00 Bond Counsel Hawkins 5,867.29 5,867.29 Issuance Costs NYS EFC 3,264.09 4,592.00 7,856.09 Force Account Capobianco 12,741.44 12,741.44 Force Account Cross Sound 536.70 536.70 Miscellaneous NYTEST 2,860.00 2,860.00 Miscellaneous Thompsons 73.72 37.69 111.41 242,663.24 56,423.69 299,086.93 c:\sheet\sheet\fibud.xls JEAN W. COCEm N SUPERVISOR 0 _101y%*� 0 �7 �o`aSUFFr�c�� o ois Z w • OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Mr. Peter Olsen Environmental Services of America, Inc. 25 Pinney Street Ellington, CT 06209 Dear Mr. Olsen: Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1889 January 12, 1996 The Town Board has reviewed the memo you sent to Southold Town Board - member Lou'isa Evans on December 21, 1995, in which you told her that Tri -S has stopped work on the remediation of the Fishers Island Metal Dump as of December 22, 1995. We are disturbed by the delay of completion of the project, but recognize that the severity of the weather at this time will prevent effective pro- gress on the site. We do not accept that the delay was caused by testing of the waste. The project was already several weeks behind before the testing occurred, and there was another week delay in getting back to the job after the results of the testing were known. The following conditions must be complied with in light of the stop work. Be advised that the project must be completed before May 24, . Memorial Day weekend. I suggest you work with the ferry company to ensure ade- quate transportation. You must notify the Town at least 14 days before you restart operations, so that we can make arrangements to have the project supervisor present. We look forward to having this project completed as soon as possible. Very truly yours, an W. Cochran Southold Town Supervisor JAN. -09' 96 (TUE) 10:53 TRI -S DIVION/E l3A Date: December 21, 1995 To: Louisa Evans Town of Southold From: Pete Olsen ENSA, Tri -S Inc. Division Re: Fishers Island Meeting Meeting Date: Thursday, 12/21/95 Place: Fishers Island. TEL:203 87587 P. 002 Environmental Services of America, Inc. Ttl-5 Inc. Divislon 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS Fax: (203) 875-8587 Attendees: Pete Olsen of ENSA Tri -S Inc. Division, Dave Waddington of DW Transport, and Eddie Capobianco, Town of Southold (sitting in for Louisa Evans). Discussed: Stop work on Friday, 12/22/95. Due to restrictions and loss of time in November because of waste characterization, job has carried over into December. Problems: Weather has become a major issue. Material cannot be processed, material is frozen. Equipment has become inefficient due to weather. Productivity is at an all time LOW. Frequent cancellation of truck, due to weather on ferry. We believe we have an estimated three weeks of work remaining with good weather. James Bunchuck P.O. Box 962 Solid Waste Coordinator m Cutchogue, New York 11935 <e Tel.: (516) 734-7686 p !� Fax: (516) 734-7976 December 21, 1995 TO: Town FROM, IF,m SOUTHOLD TOWN SOLID WASTE DISTRICT Board Members Bunchuck SUBJECTv Restoration of Fishers Island Metal Dump The excavation project on Fishers Island is proceeding, albeit slowly now, given the recent weather conditions. The timetable for completion of the work by the contractor, which now consists primarily of screening excavated material, is uncertain. Louisa Evans will be able to discuss this matter with the Board further This memo is to address how the Town might restore the concrete bunkers that once contained the Fishers Island metal dump to a safe condition, after the contractor completes all of its site work. Accordivag to Laury Dowd, the excavation contractor, TRI -S, Inc., is responsible only for removal of all material from the bunkers, leaving them "swept clean." The Town made the decision to change this condition by instructing TRI -S to leave behind screened dirt. It is the Town's responsibility, therefore, to cover the dirt as per its understanding with the DRC, and to do any other filling and/or re -grading it deems necessary to restore the site to a safe condition. Proposal To this end, I propose that the Town rent a bulldozer to move clean fill material that is already on-site into the bunkers to raise their surfaces up as close to surrounding grade as possible. (The Town does not currently own a bulldozer.) The appropriate size bulldozer would cost about 92,100 per week or, if rented by the month, 86,500 per month. Ed Capobianco, who has been supervising the excavation work for the Town, is an experienced bulldozer operator and would be available to do this work, which he estimates would take about 1-2 weeks to complete. In performing this work, it is possible that small areas of recoverable metal and/or debris might be uncovered. If so, it is the contractor's responsibility to remove such material from the site. To ensure such removal, I also propose that the final 251 incre:enent of payment to TRI -S, Inc., be held until the final filling and gradina work is completed. i__-- • i �- � ��S�FFO(Kco Z0, James Bunchuck may` Gym �'•O Ea�k e'_ Solid Waste Coordinator c :� Cutchogue, New York 11935 N x Tel.: (516) 734-7685 py F=ax: MG*j 134-'i 3 i 5 �� .Ij�l � dao SOUTHOLD TOWN SOLID WASTE DISTRICT MATERIAL EXCAVATED FROM FISHERS ISLAND (as of 12/18/95) TOTAL CUBIC YARDS REMOVED: 4,665 TIN: 3,135 YDS SCRAP STEEL: 1,230 YDS C&D: 300 YDS (5 loads) OTHER: • 17 Transformers • 1 275 -gallon drum w/fuel • several gallons of paint • 1 barrel of tar • 29 Car Batteries (recycled through Fishers Island Waste District) • 7 roll -off containers soil on beach (to be replaced in bunkers) • Approx. 60 yds tires � • 0 James Bunchuck Solid Waste Coordinator 0 H Z SOUTHOLD TOWN November 28, 1995 SOLID WASTE DISTRICT MEMORANDUM TO: Town Board Members FROM: Aim Bunchuck SUBJECT: Status of Fishers Island Metal Excavation P.O. Box 962 Cutchogue, New York 11935 Tel.: (516) 734-7685 Fax: (516) 734-7976 This memo is to bring you up to date with regard to the excavation work being done on Fishers Island. Work on the Island has been halted since November 14 pending the outcome of the analysis of soil samples taken from the excavation site. A total of 4 composite samples of soil were taken from the site on November 1 and delivered to NYTEST Environmental Inc. in Port Washington on November 2. They were given a test known as "TCLP complete," which screens for compounds regulated by State and Federal law as "hazardous" above certain concentrations, as well as for the tendency of these compounds to "leach" into groundwater. The complete results of these tests came in last week. They show that all but one sample tested within regulatory levels for all compounds. The exception was for a single PCB compound (out of 7 tested for) that appeared just at or slightly above the regulatory level in one of the samples. According to Tom Maher of Dvirka and Bartilucci, the PCB reading is not considered high enough to warrant handling the soil as a hazardous material, as it was only a single reading in a single sample, and not indicative of the soil as a whole. All other PCB compounds, volatile and semi -volatile organics, pesticides, and heavy metals tested well within regulatory levels for all samples. While the soil did not test positive as hazardous waste, there are enough hazardous compounds in the soil to limit the Town's options with respect to ultimate use and disposal. It cannot, for example, be treated simply as clean topsoil and disposal facilities may still charge a premium price for accepting it. It should qualify, however, as a layer to be used in re -filling and covering the cement -lined pits that were excavated in the project. This would serve to avoid any costly treatment or disposal and at the same time help with restoration of the site to a safe condition. NEXT STEPS 1) Continue With Site Work. Based on the soil test results, the contractor should be directed to 1) continue immediately with the excavation and removal of metal and/or debris, and 2) screen accumulated soil for recoverable items, leaving the soil itself on-site for the Town to use as fill for site restoration. (over) 11/28 TB Memo re: Fishers Island Excavation pg 2 2) Notification of DEC. The Town should notify the DEC of its soil test results, and announce its intention to keep the soil on-site for use in site restoration. 3) Restore Site. Re -grade site/acquire clean fill to cover excavated soil and bring up to grade to eliminate holes, voids, pits, access to cement bunkers. One or all of these steps may require a review of the contract between the Town and ENSA to determine if they pose any legal or contractual consequences. NOV. -09' 95 (THU) 16A0 TRI -S D IVI S*/ENSA TEL: 203 875 07 _ P. 002 now IA7 �I��IIaa�Ciewr�ffiRsS:t•mtat� . ::.�. ADDITIONAL wORK AUTHno IZATIQN TRI -S INC. The. Environmental Management Service Company 25 Pinney Street EWNGTON, CONNECTICUT 06029 (203) 875-2110 (24 Hours) NAME $ PHOIiB DATE Z06 STFW.0 M I 1 N+ mu R e�.o—�i'Ow O� H4— Ac JOB WIA6En cr" �7o v vl STATE Af -Y- STREET EGSTM CONTRACT N0. DATE Of 805TINa CONTRACT CRY BTAM You are hereby authorized to perform the following specifically described additional work �foteer .2o•oa ADDITIONAL CHARGE FOR ABOVE WORK IS: Payment will be made as follows: Above additional work to be performed under same conditions as specified in original contract unless otherwise stipulated, Date 19 Authorizing Signature (OWNER SIGNS HERE) we hereby agree to furnish labor materials -complete in accordance with the above specifications,at above stated price. Authorized SignatureA"Z 0�� Date-� 19 (CONTRACTOR SIGNS HERE) T141A IC r_WA111r -= nOnco Un NO'S. -20 95(MON) 09:13 TRI -S DIVIA/ENSA ENSA Larry L. Dowd, Town Attorney Office of the Town Attorney Town of Southhold 53095 Main Road, Town Hall P.O. Box 1179 Southold, NY 11971 TEL : 203 875 01 Environmental Services of America, Inc. November 17, 1995 1*S Inm Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875.2110 1 -800 -445 -TRIS Fax: (203) 875-8587 In order to maintain the original schedule agreed to by Tri S Inc. and Town of Southold, a temporary barrier will be constructed which will allow us to continue non- hazardous onhazardous segregation activities. Some incidental cross contamination of non -hazardous material may occur if clean material falls into pit containing hazardous materiaL Tri -S Inc. will strive to keep this to an absolute minimum, however some cross contamination is inevitable. Please sign below and we will commence. Pete Olsen Technical Sales Rep. (side) cc. Dave Waddington,DW Transport Loisa Evans,Acuve Board Member -Fisher Island Tim Bunchuck- Town of Southold (date) t t 0 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER E OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD November 1, 1995 Thomas Pappalardo, President Tri -S Incorporated Division Environmental Services of America, Inc. 25 Pinney Street Ellington,' Connecticut 06029 Dear Mr. Pappalardo: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 I find that I failed to return your Bid Bond with regard to the Fishers Island Metal Dump project, it is enclosed herewith. Sorry for the oversight. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure • or C & F Commercial InAnce a Crum and Forster organization THE CONSENT OF SURETY CONTAINED HEREIN IS LIMITED TOA CONTRACT AWARD NOT TO EXCEED $ X40Q,000.00 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we TRI -S INCORPORATED 25 PINNEY STREET ELLINGTON CT 06029 - as Principal, hereinafter called the Principal, and UNITED STATES FIRE INSURANCE COMPANY 518 Stuyvesant Avenue, P.O. Box 615 Lyndhurst, New Jersey 07071-9836 Administrative Office: 518 Stuyvesant Avenue P.O. Box 615 Lyndhurst, NJ 07071-9836 Bond No. US -00095980 a corporation duly organized under the laws of the State of New York as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SOUTHHOLD NEW YORK TOWN HALL 53095 MAIN ROAD SOUTHHOLD NY 11971 - as Obligee, hereinafter called the Obligee, in the sum of " Ten Thousand and 00/100 Dollars ($ ******$10,000.00), 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 PERFORM SITE REMEDIATION AT THE METAL DUMP ON FISHERS ISLAND 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 parry to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain In full foAce and effect. Bond US -00095980 ign , sealed and dated 04/17/1995. TEif-S INCSRPORAT`J By cs (Witness) (Ti le c-e-rcle.. UNITED STATES FIRE INSURANCE COMPANY ! q YA By�X'W�i (Witness) Laura N. Collins 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 B32F ACKNOWLEDGEMENT OF SURETY US -00095980 State of New Jersey ss. County of Bergen On 04/17/1995, before me personally came Laura N. Collins to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of United States Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. KIMBERLY M. VASCOLI My commission ekY PUBLIC OF NEW JERSEY 01A 141014 EXPIRES MARCH 3, 1998 Form M42 (06/94) Notary Public 0 • UNITED STATES FIRE INSURANCE COMPANY NEW YORK, NEW YORK ASSETS Bonds................................ Stocks: Preferred ................... 1 Common ................... 53.942.435 Real Estate ........................ Cash and Bank Deposits ...................... Short Term Investments ................. Premium Balances Receivable ................. Equities and Deposits in Pools and Associations ............... Other Assets ..................... Total Admitted Assets STATEMENT AS OF DECEMBER 31, 1994 LIABILITIES AND SURPLUS $1,970,782,834 Losses and Adjustment Expenses ..................... $1,732,137,991 53,942,436 Taxes and 73,777,621 Expenses ..................... 50,225,339 Unearned 8,098,085 Premiums ..................... 305,105,772 Other Liabilities ................ 141,656,211 155,087,837 Capital ........................... $4,586,262 Paid in and 252,228,261 Contributed Surplus ..................... 496,522,972 Other Surplus ................ 144,464,435 9,739,883 Surplus to 351,042,025 Policyholders ............... 645,573,669 2,874 698 982 Total Liabilities and Surplus 2874,698,982 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. STATE OF NEW JERSEY SS: COUNTY OF MORRIS DENNIS J. HAMMER, Senior Vice President & Controller and RICHARD A. ANNESE, Vice President of the United States Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1994 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1994according to the best of their information, knowledge and belief, respectively. Corporation's Seal Sworn to and Subscribed before me this 28th day of March, 1995. DAWN M. SIEBENS NOTARY PUBLIC OF NEW JERSEY Notarial Seal MY COMMISSION EXPIRES JULY 25, 1998 Senior Vice Pesident & Controller Vice President . POWER OF ATTORNEY UNITED STATES FIRE INRSURANCE COMPANY m' WNCIPAL OFFICE, NEW YORK, N.Y. r * KNOW ALL MEN BY 'THESE- PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY ("Company'), a coiporation`duly ,�apized and existing under the laws of the State of New York, and having its administrative office's' in the,` owinshig f Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, constitute and "appoint Robert A. Nicosia, Richard L. Quackenbush, Margaret A. Nicosia, Michelle Nicosia, Laura N. Collins,''Lisa V. Kenny, and Kimberly M. D'Ascoli of Lyndhurst, New Jersey, each its true and lawful'Agent(s) and Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings ----------------------------- and to bind the Compiny'th'eieby,,V.jbl1y and to the same extent as if such bonds had been duly executed and acknowledged by;.the regularly elected officers of the Company at its principal or administrative offices in their own proper persons' This Power of Wtt6rno limitsy toe a4` f those named therein to the bonds and undertakings specifically named therein, and they have no`authority to bind'the Company except in the manner and to the extent therein stated. This Power of Attorney revokes`all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of February, 1995. Attest: UN D STATES IRE URANCE COMPANY "Assistant Secretary Vice President -Charles R. Van Buskirk Richard A. Annese STATE OF NEW JERSEY . d r;SS COUNTY OF MORRIS" On this 2nd day of February, 1995I before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President Assistant Secretary of United States Fire Insurance Company, to me personally known to be they officers' descri6ed`h and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seOtgylr�o the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their Si N*_.4ft were duly affixed and subscribed to the said instrument by the authority and direction of the said 4 ° lI+eg'EWIMONY IJEOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and �ejr first—Nve vvritpn. = �% ig .3 DEBOR1„1-1 �1 GRE"JO ._'�l „ERSEY Notary Public � �� irJittR,�MY COMMISS;Gi� ",i ii,'_c; !-1Lt' :'i, ;SS 9 This Power of •Attorney is granted pursuant to`'Article IV of the By -Laws of *TED STATES FIRE INSORANCE COMPANY as now in full force and effect and which provides as follows: ✓� gat•, � ARTICLE IV.' Execution of Instruments: ` "The Chairman of the Board, Vice -Chairman of the Board, President, or i ` '" y Secretary, if more than one shall be appointed b the Board, any Vice President in conlunetid� .w' fie Secretary, or an Secre pp y or an As sistant�Secretary, shall`hav power on behalf of the Corporation: _ 41 (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any,., contracts, obligations, instruments and documents whatsoever:in connection with its business including, without limiting the foregoing, -,,ani bonds, guarantees; undertakings, recognizances, powers of attorney or revocations of any powers o attorney, stipulations; policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; "• (b) to yappouit, ftv, wetting,, g a or. more persons for any or all of the purposes mentioned in the preceding paragraph (a), including'affixtng;the-se :of the Corporation." This Power of Attorney rs signed and sealed under and by the authority of Article III, Section 9 of the. By -Laws of the AN UNITED' STATES FIRE INSURCE COMPANY as now in full force and effect and which provides as follows: > �a .y ARTICLE III., Section 9 Facsimflo,'Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, ,arecognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies I of, insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced ... The Corporationmay;continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been'such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued.", y p" CERTIFICATE ,, • _ , 'State of New Jersey � ` - I i+ ' � County of Moms I, the undersigned, Assistant Secretiary, of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article III., Section 9. of the By -Laws of the Company are now in full force and effect. , . In Testimony W ereof; I have hereunto subscribed my name and affixed the corporate seal of the said Company, this_, 17th day of April , ,I9_95_ By Assistant Secretary - Herbert H. Linder Bond #US -00095980 ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION STATE OF Como, )ss: COUNTY OeAj "dXt,) ) On the JH day of ,pr, L in the year 19c{ -IT , before me personally came ��o,n,u.s �� P a�t�r. to me known, who, being by me duly sworn, did deposb and say that (s)he resides at C " , that (s)he is the ,S � jgn + -- of , the cor oration described in and which executed the above instrument, and that (s)he signed her/his name thereto by ordw of the Board of Directors of said corporation. Notary ePu�blic 7 1,311Z000 ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP STATE OF )ss: COUNTY OF ) On the day of in the year 19 , before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and (s)he duly acknowledged to me that (s)he executed the same for and in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL STATE OF )ss: COUNTY OF ) On the day of in the year 19 , before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument and (s)he duly acknowledged that (s)he executed the same. Notary Public r James Bunchuck Solid Waste Coordinator October 3, 1995 MEMORANDUM TO: Louisa Evans FROM: Jim Bunchuc o�oS�FFoc,��oG o- v�64b x oy�NVE SOUTHOLD TOWN SOLID WASTE DISTRICT SUBJECT: Soil Testing on Fishers Island 40 P.O. Box 962 Cutchogue, New York 11935 Tel.: (516) 734-7685 Fax: (516) 734-7976 I have been in contact with Tom Maher of Dvirka and Bartilucci regarding how to proceed with testing soil from the Fishers Island metal dump. His suggestion is to contact NYTEST, who has tested soil samples for the Town in the past, and set up a testing protocol. He agrees that it is in the Town's interest to test for contaminants, and not simply rely on the excavation contractor for the service. According to Ed Capobianco, TRI -S is does not appear anxious to arrange for this work in any event. I will contact NYTEST and discuss what needs to be done. Tom Maher suggested getting samples tested prior to any screening of the dirt that TRI -S may wish to do. This is in order to prevent mixing of any contaminated soil with clean soil. The test that will likely need to be performed is called the TCLP test (Toxic Characteristic Leaching Program) which tests for contaminants listed by the US EPA and is the only test whose results are accepted by the DEC in determining appropriate disposal methods. Each TCLP test will cost @ $1,300. I understand that TRI -S has told Ed Capobianco that it will charge @ 5100/ton to dispose of contaminated soil. According to Ed, TRI -S estimates it has removed approximately 80 cu. yards (probably around 120 tons) of soil to date which they would like to screen to remove metal products. Parts of this pile appear to be soaked with oil. Ed has instructed TRI -S to leave the pile as is until a determination on testing is made. There appears to be additional oil soaked soil toward the bottom of the pit that is currently being excavated. „-h THIS AGREEMENT, made on the /I day of jd n LL , 1995, by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at 53095 Main Road, Southold, New York hereinafter called the "Town” and Tri -S Inc. Division of Environmental Services of America, Inc., hereinafter called the "Contractor". Whereas, Contractor has submitted to the Town a bid dated April 12, 1995 ("Bid") in response to the Town's Bid Solicitation for Remediation of Fishers Island Metal Dump, and Whereas, the Town Board of the Town of Southold by Resolution No. 28 adopted on May 2, 1995, authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, Now, therefore, it is mutually covenanted and agreed by and between the parties as follows: I. SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services set forth in the Bid Specifications for Remediation of the Fishers Island Metal Dump dated March 7, 1995. 11. COMPENSATION The bid price for the services to be furnished by Contractor is two hundred sixty-nine thousand one hundred fifty ($269,150.00), as found in the Contractor's bid, dated April 12, 1995, which is incorporated into this Agreement. III. PAYMENTS Contractor may submit an invoice (with a Town voucher) for progress payments in increments of twenty percent (200) of job completion as such progress is completed to the satisfaction of the Project Engineer. Payment shall be made after review and approval by the Project Engineer and the Town. The Town shall retain ten percent of the total bid price for a period of 90 days following completion of the project as protection against possible claims by subcontractors or creditors of the Contractor. At the end of that period, and upon certification by the Project Engineer that the contract has been completed, the balance shall be paid to Contractor. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other non-compliance by Contractor. IV. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume or type of solid waste to be removed during the remediation process. B. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by Contractor. C. Contractor represents that the information furnished by Contractor with the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent (250) or more of its work hereunder, Contractor shall submit to the Town an MBE and a WBE Utilization Plan, prior to execution of this Agreement. E. Contractor agrees to comply with the requirements of Exhibit E of the Specifications. F. In the event the Contractor's disposal sites are unable to receive and dispose of the Town's waste for any reason, Contractor shall be responsible for providing an alternate disposal site at no additional cost to the Town. In the event the Contractor is unable to find an alternate Disposal Site, it shall be deemed to be in default of this Agreement and liable for damages, bond for- feitures and other expenses as provided in this Agreement. V. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay be reason of or in consequence of the Contractor carrying out or performing under the terms of the Agreement, or failing to carry out the terms of this Agreement. This obligation shall be ongoing and shall survive the term of this Agreement. B. Contractor shall procure and maintain the insurance described in the Bid Specifications for a period commencing on the date of this Contract and terminating no sooner than ninety days after final payment under this contract. All such insurance coverage shall name the Town as an additional insured and shall provide that the coverage shall not be changed or cancelled until thirty days written notice has been given to Town. 0 • C. Contractor shall for the period of the performance of services hereunder, maintain a Performance Bond in the amount of one hundred percent of the Lump Sum Price of $269,150.00 specified in the Bid proposal dated April 12, 1995 and incorporated into this Agreement. VI. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the disposal site, the transportation provides or any of Contractor's subcontractors, to the extend that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not the result of the willful or negligent action, inaction, or fault of the party relying thereon, the time for fulfilling that obligation shall extended day-by-day for the period of the uncontrollable circumstance. Such acts or events shall include an act of God or governmental pre-emption of materials or services in connection with a public emergency. V1. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the Town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of the Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. VIII. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting therefrom shall be borne exclusively by Contractor. IX. CONTRACTORS OPERATIONS AND PROCEDURES Contractor will provide a narrative describing the excavation and removal as provided for in the Technical Specifications within ten days of the signing of this Agreement. The Contractor further agrees to submit weight tickets on a daily basis to the Engineer as provided in the Technical Specifications. Contractor agrees to keep copies of all weight tickets for a period of one year after termination of this contract and to make them available to Town for inspection upon request. X. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as Full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. XI. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including the Bid Specifications, Bid Form, and all Exhibits attached thereto represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 1. This Agreement 2. The Bid Specifications, including Exhibits 3. The Contractor's Bid E. Contractor agrees that it is an independent contractor and it, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. F. If any provision of the Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of the Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. G. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. XII. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: If to the Town: Supervisor of the Town of Southold Town Hall 53095 Main Road Southold, NY 11971 With a copy to Engineer at: Howard (Jim) Hancock Box 282 Fishers Island, NY 06390 If to the Contractor: Thomas Pappalando, President Tri -S Inc. Division Environmental Services of America, Inc. 25 Pinney Street Ellington, CT 06029 d IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Town of Southold / Supervisor Contracto A AA Thomas Pappal r o, President Tri -S Inc. Division B ,Q�28' ISSUE DATE (MM/DD/YY) ABCDEF CER IF1 .. IOF-IN.SURANCE 08/15/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NERGY INS. BROKERS INC. POLICIES BELOW. 0. BOX 1729 COMPANIES AFFORDING COVERAGE LBANY NY 12201-1729 COMPANY A COMMERCE & INDUSTRY INSURANCE CO. LETTER COMPANY B INSURED LETTER NVIRONMENTAL SERVICES COMPANY C F AMERICA, INC. ETAL LETTER 37 E. HAZELWOOD AVE. COMPANY D LETTER HWAY , NJ 07065 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 CERTIFICA1tE 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 POI.ICL_S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. O POLICY EFFECTIVE POLICY EXPIRATIO TYPE OF INSURANCE POLICY NUMBER LIMITS TR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GL 3 4 0 716 8 08/13/95 08/13/96 GENERAL AGGREGATE $ 5,000,00C OMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ACG. S5,000, Q Q X LABNS MADE aOCCUR. PERSONAL & ADV. INJURY $ 5 0 0 0 0 0 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 5 0 0 0 0 0 CONTRACTUAL FIRE DAMAGE (Any aoe f1m) $ 5 0 0 0 XCU MED.EXP. (Any � person) $ 5 0 0 AUTOMOBILE LIABILITY CA5 0 5 0 8 3 6 04/01/95 4/01/96 COMBINED SINGLE ANY AUTO LIMIT $ 5 0 0 0 0 0 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ BODILY INJURY HIRED AUTOS NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY MCS -90 ENDT. PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE $ :::]UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT AND $ DISEASE -POLICY LIMIT S EMPLOYERS'LIABILITY DISEASE -EACH EMPLOYEE S oTHECONT. POLL. & 7167392 8/13/95 08/13/96 $2,000,000/CLAIM PROF. LIAB. W/ $2,000,000/TOTAL POLLUTION ALL LOSSES DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLES/SPECIAL ITEMS EE REVERSE SIDE FOR: * NAMED INSURED — ** WORKERS COMPENSATION — *** SPECIAL ITEMS CERTIFICATE BOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO TOWN OF SOUTHOLD��v��® R� MAIL 3A_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 1179 95 s;;'>'', LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SOUTHOLD NY 11971 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. _W ora`°�" "AUTHORIZED REPRESENTAT / ;e? I" ACORD 25-5 (71") ."v . ACORD CORPORATION 1990 0 * SCHEDULE OF NAMED INSURED AS AUTO LIABILITY AND CONTRACTOR WITH pollution: - Li RESPECTS TO GENERAL LIABILITY, POLLUTION & PROFESSIONAL LIABILITY ENVIRONMENTAL SERVICES OF AMERICA,, INC. ;ENSA ENVIRONMENTAL, INC.; ENSI, INC.; TRI -S, :INC.; NORTHEAST ENVIRONMENTAL $ERVICES, INC.; ENVIRONMENTAL SERVICES OF AMERICA -IN, INC.; ENVIRONMENTAL SERVICES OF AMERICA• -M0, INC. **SCHEDULE OF WORKERS COMPENSATION (1) RELATIVE TO ALL OPERATIONS OF ENSA ENVIRONMENTAL, INC. FOR EMPLOYEES OF ILLINOIS AND KENTUCKY ONLY: COMPANY POLICY # INCEPTION EXPIRATION THE TRAVELERS 6J -UB -246F006 -A 01/01/95 01/01/96 FOR EMPLOYEES OF VIRGINIA AND WASt:TNGTON D.C. ONLY: COMPANY POLICY f INCEPTION EXPIR,p.T_ON COMMERCIAL UNION CZ(96)H589688 01/23/95 0-1/23/96 FOR E1-TLOYEES OF VERMONT ONLY: CO!.T NY POLICY = INCw PTI O1,7 I= R r TION ROYAL INSJRANCz: UB -632K620 -A 03/19/95 03/_9/96 ( 2 ) RELAT=VE TO ALL OPERATIONS OF TR --S, INC. FOR E MPTJOYIES OF CONN-CTICJT ONLY: COtT.Ny PO -=CV s NCEP^_'ION IXP-_� mION ROYAL INSj:—, E U�-632K620-A 03/19/95 03/-9/96 ( 3 ) R==A'_=VE TO % �:a OPERAT=ONS OF EW— 7RON'ME'NTA.L SERVICES OF A_WRICP.-IN, INC:. :ND ENV=RON? ENT.z?, SERVICES OF AWRICA-M0, INC. ONLY: COh -Nv 1 PO -ICY r INC"Pm70N IXP=RAm70N J WAUSAINSURANC:E 1916 -00-075755 05/19/95 05/19/96 NOTE: ALL ABOVE INSURANCE POLICIES PROVIDE COVERAGE AS FOLLOWS: COVERAGE A: STATE STATUTORY LIMITS EMPLOYERS LIABILITY: $',000,000 EACH ACCIDENT $1,000,000 DISEASE - POLICY LIMIT $1,000,000 DISEASE - EACH EMPLOYEE NOTE: FOR OTHER SUBSIDIARY OR AFFILIATED COMPANIES OF ENVIRONMENTAL SERVICES OF AMERICA, INC. OR FOR EbeLOYEES OF STATES OTHER THAN AS: NOTED ABOVE, SEE SUPPLEMENTAL INSURANCE CERTIFICATES *** SPECIAL ITEMS CERTIFICATE HOLDER IS PROVIDED ADDITIONAL INSURED STATUS UNDER EACH OF THE ABOVE NOTED POLICIES (EXCEPT WORKERS COIXTENSATION) SUBJECT TO THE PROVISION THAT SUCH IS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER IS PROVIDED BENEFIT OF A WAIVER OF SUBROGATION UNDER THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES SUBJECT TO THE PROVISION THAT SUCH IS REQUIRED BY WRITTEN CONTRACT 4 ENSA Larry L. Dowd/Town Attorney Office of the Town Attorney Town of Southold 53095 Main Road Town Hall P.O. Box 1179 Southold, NY 11971 Dear Larry, Environmental Services of America, Inc. Tri -S Inc. Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS 'J Fax: (203) 875-8587 L—LTO IL. OF SCS" STLiZ'� July 27, 1995 Enclosed is the required Performance Bond, Labor and Material Payment Bond and necessary Certificates of Insurance. If there are any questions, please feel free to contact me. I will be more than happy to cooperate with you. Sin r ly, I Peter Olsen, Jr. Technical Sales Representative C & F Commercial Insurance a Crum and Forster organization BOND NUMBER US -00100425 Address All Correspondence To: United States Fire Insurance Company 518 Stuyvesant Avenue P. O. Box 615 Lyndhurst, NJ 07071-9836 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that TRI -S INCORPORATED 25 PINNEY STREET ELLINGTON CT 06029 - as Principal, hereinafter called Contractor, and, United States Fire Insurance Company P.O. Box 615 Lyndhurst, NJ 07071-9836 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHHOLD NEW YORK TOWN HALL 53095 MAIN ROAD SOUTHHOLD NY 11971 - as Obligee, hereinafter called Owner, in the amount of Two Hundred Sixty Nine Thousand One Hundred Fifty and 00/100 Dollars ($ *****$269,150.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 06/19/1995, entered into a contract with Owner for PERFORM SITE REMEDIATION AT THE "METAL DUMP" ON FISHERS ISLAND in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA - FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. N.W., WASHINGTON. D.C. 20006 P51 • . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Bond US -00100425 has been signed, sealed and dated on 06/27/1995. iC, L z2 ( fitness) (Witness) I-0- INCOR�PORRATED By --�—'- • Pfeji��itle) UNITED STATES FIRE INSURANCE COMPANY Laura N. Collins Attorney -in -Fact AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA - FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. N.W.. WASHINGTON, D.C. 20006 P51 GC & F Commercial Insurance BOND NUMBER: US -00100425 a Crum and Forster organization Address All Correspondence To: United States Fire Insurance Company 518 Stuyvesant Avenue P.O. Box 615 Lyndhurst, NJ 07071-9836 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: that TRI -S INCORPORATED 25 PINNEY STREET ELLINGTON CT 06029 - as Principal, hereinafter called Principal, and United States Fire Insurance Company 518 Stuyvesant Avenue, P.O. Box 615 Lyndhurst, NJ 07071-9836 as Surety, hereinafter called Surety, are held and firmly bound unto TOWN OF SOUTHHOLD NEW YORK TOWN HALL 53095 MAIN ROAD SOUTHHOLD NY 11971 - as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Two Hundred Sixty Nine Thousand One Hundred Fifty and 00/100 Dollars ($ *****$269 ,150.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, TRI -S INCORPORATED Principal has by written agreement dated 06/19/1995, entered into a contract with Owner for PERFORM SITE REMEDIATION AT THE "METAL DUMP" ON FISHERS ISLAND in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA - FEBRUARY 1970 ED. THE AMERICAN INSTTTUTE OF ARCHITECTS. 1735 N.Y. AVE. N.W-. WASHINGTON, D.C. 20006 P52 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonable required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgement for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the parry to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part hereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. Bond US -00100425 has been signed, sealed and dated on 06/27/1995. -S INCORPORATED r:71" 8y (Vriltness) Q,�' T ) UNITED STATES FIRE INSURANCE COMPANY (Witness) Laura N. Collins Attorney -in -Fact AIA DOCUMENT A311 - PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND - AIA - FEBRUARY 1970 ED. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y- AVE. N.W.. WASHINGTON. D.C. 20006 P52 • ACKNOWLEDGEMENT OF SURETY US -00100425 State of New Jersey F ss. County of Bergen On 06/27/1995, before me personally came Laura N. Collins to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of United States Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. SHARON M.ZWARYCZ NOTARY PUBLIC OF NEW JERSEY My commission expires MY COMMISSION EMPIRES APRIL i4, 2000 �Z(-1//� �%,�,E9, ° ,� Notary Pub Form M42 (06/94) Bond #US -00100425 ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION STATE OF f, a� )ss: COUNTY Til On the OL day of [,- in the year 1985 before me personally came to me known, who, being by me duly sworn, did depose and say that (s)he resides at G (a"r (' - , that (s)he is the Pre S, d of T21- S i nc c r Pe rte$ Q j , the corporation described in and which executed the above in trument; and that (s)he signed her/his name thereto by order of the Board of Directors of said corporation. .. My Commission Exp. Nov. 30, 1999 Notary F -u ACKNOWLEDGEMENT OF PRINCIPAL, IF A PARTNERSHIP STATE OF )ss: COUNTY OF ) On the day of _ in the year 19 , before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument, and (s)he duly acknowledged to me that (s)he executed the same for and in behalf of said firm for the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL, IF AN INDIVIDUAL STATE OF )ss: COUNTY OF ) On the day of in the year 19 , before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument and (s)he duly acknowledged that (s)he executed the same. Notary Public 0 UNITED STATES FIRE INSURANCE COMPANY NEW YORK, NEW YORK ASSETS Bonds................................ Stocks: Preferred ................... 1 Common ................... 53.942.435 Real Estate ........................ Cash and Bank Deposits ...................... Short Term Investments ................. Premium Balances Receivable ................. Equities and Deposits in Pools and Associations ............... Other Assets ..................... Total Admitted Assets STATEMENT AS OF DECEMBER 31, 1994 $1,970,782,834 53,942,436 73,777,621 8,098,085 155,087,837 252,228,261 9,739,883 351,042,025 2,874,698,982 LIABILITIES AND SURPLUS Losses and Adjustment Expenses ..................... Taxes and Expenses ..................... Unearned Premiums ..................... Other Liabilities ................ Capital ........................... $4,586,262 Paid in and Contributed $1,732,137,991 50,225,339 305,105,772 141,656,211 Surplus ..................... 496,522,972 Other Surplus ................ 144,464,435 Surplus to Policyholders ............... 645,573,669 Total Liabilities and Surplus 2,874,698,982 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. STATE OF NEW JERSEY SS: COUNTY OF MORRIS DENNIS J. HAMMER, Senior Vice President & Controller and RICHARD A. ANNESE, Vice President of the United States Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1994 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is a correct exhibit of such assets and Iiabilities of the said Company on the 31st day of December, 1994 according to the best of their information, knowledge and belief, respectively. corporasioa.5 seal Sworn to and Subscribed before me this 28th day of March. 1995. DAWN M. SIEBENS NOTARY PUBLIC OF NEW JERSEY Notarial Seal SAY COMMISSION EXPIRES .UL`.' 25. 1.998 Senior Vice P esidenr & Controller Vice President 0 POWER OF ATTORNEY 10 UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That the UNITED STATES FIRE INSURANCE COMPANY ("Company"), a corporation duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Robert A. Nicosia, Margaret A. Nicosia, Michelle Nicosia, Laura N. Collins, Lisa V. Kenny, Kimberly M. D'Ascoli, Cathy M. Glavin, and Adrianne Scalera of Lyndhurst, New Jersey, each its true and lawful Agent(s) and Attomey(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings SUBJECT TO THE EXCLUSIONS LISTED BELOW: Any and all bonds and undertakings. and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attomey(s)-in-fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 28th day of March, 1995. E\a£'"s�q; `a,. Attest: /.?Assistant Secretary —1-1 Charles R. Van Buskirk STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) STA FI S CE COMPANY Vice President Richard A. Annese On this 28th day of March, 1995, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of United States Fire Insurance Company, to me personally known t�tiaOArq�cers described in, and who executed the preceding instrument, and they acknowledged the execution of the N% V me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the �,�Yi'ixed to I'll instrument is the Corporate Seal of said Company, and the said Corporate Seal and their 44"e 1orw "duly affixed and subscribed to the said instrument by the authority and direction of the said t=ompany. �, '- $1 STORIDF, I have hereunto set my hand and affixed my seal at the Township of Moms, the day and Ir {7,�Y qµ}L• i�st a ttei I� IIS �l �` nErf. (Sig ff 4 �,,`� NOIti. L c ;` /��jt7� \\\\`�.1 F :ilaviC`�:.r1 _a iJLr 1 �� (Seal) Notary Public This Power of Attorney is gran—A f tssuant to Article IV of the By -Laws: D STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows: ARTICLE IV., Execution of Instruments: "The Chairman of the Board, Vice -Chairman of the Board, President, or any Vice -President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding _paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which.pmvides as follows: ARTICLE III., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced ... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article III., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _ 27thday of June 19 95 By 1 \- - Assistant Secretary Herbert H. Linder ABCDEF ER i EFicA INSURILANCE1313 00283 ISSUE DATE (MM/DD/YY) 06/23/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE NERGY INS. BROKERS INC. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 0. BOX 1729 LBANY NY 12201-1729 COMPANIES AFFORDING COVERAGE COMPANY A COMMERCE & INDUSTRY INSURANCE CO. LETTER COMPANY B LEXINGTON INSURANCE CO. INSURED LEITER NVIRONMENTAL SERVICES F AMERICA, INC. ETAL COMPANY C LFrrER 337 E. HAZELWOOD AVE. COMPANY D LEITER HWAY , NJ 07065 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 DOCU'viENT WIIIi 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. O TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GLCM3 4 0 618 6 08/13/94 08/13/95 GENERAL AGGREGATE 5 5,000,00( OMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. S 5,000,00( X LAIMS MADE OCCUR. PERSONAL & ADV. INJURY x 5,000,00( OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S 5,000,00( CONTRACTUAL FIRE DAMAGE (Any one fire) $ 5 0 0 0 XCU MED.EXP. (Any one person) $ 5,000 AUTOMOBILE LIABILITY CA5 0 5 0 8 3 6 04/01/95 04/01/96 COMBINED SINGLE ANY AUTO LIMIT S 5,000,000 BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per person) $ BODILY INJURY HIRED AUTOS NON-OWNED AUTOS (Per aocihat) S P PROPERTY DAMAGE S GARAGE LIABMXrY MCS - 9 0 END T . EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - STATUTORY LIMITS $ EACH ACCIDENT DISEASE-POLICY LIMIT 5 DISEASE-EACH EMPLOYEE S GTHECONT. POLL. & 7735597 11/18/94 8/13/95 $1,000,000/CLAIM PROF. LIAB. W/ $1,000,000/TOTAL POLLUTION ALL LOSSES $50,000 DEDUCTIBLE DESCRIPTION OF OPERATIONS/LOCATIONS/VEMCLES/SPECIAL ITEMS EE REVERSE SIDE FOR: * NAMED INSURED - ** WORKERS COMPENSATION - *** SPECIAL ITEMS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE - EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO TOWN OF S OUTHOLD MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P.O. BOX 1179 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SOUTHOLD NY 11971 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRpp#ENTATTYR ACORD 25-S (7/90) ACORD'CORPORATION 1990 0 * SCHEDULE OF NAMED INSURED AS AUTO LIABILITY AND CONTRACTOR WITH pollution: • RESPECTS TO GENERAL LIA3ILITY, POLLUTION & PROFESSIONAL LIABILITY ENVIRONMENTAL SERVICES OF AMERICA,,INC.;ENSA ENVIRONMENTAL, INC.; ENSI, INC.; TRI -S, INC.; NORTHEAST ENVIRONMENTAL SERVICES, INC.; ENVIRONMENTAL SERVICES OF AMERICA -IN, INC.; ENVIRONMENTAL SERVICES OF AMERICA -M0, INC. **SCHEDULE OF WORKERS COMPENSATION (1) RELATIVE TO ALL OPERATIONS OF ENSA ENVIRONMENTAL, INC. FOR EMPLOYEES OF ILLINOIS AND KENTUCKY ONLY: COMPANY POLICY j INCEPTION EXPIRATION THE TRAVELERS 6J -UB -246F006 -A 01/01/95 01/01/96 FOR F,MPLC'yEES OF F.IiD WAS?:INGTON D.C. ONLY: COMPANY POLICY r INCEPTION EXP I RPT70N COMMERCIP.L UNION CZ(96)H589688 01/23/95 0:/23/96 FOR EMPLOYEES OF VERMONT ONLY: cot!P_NY POLICY 0 NCPPm ON EXPI?-_T10N ROYAL INSUR_zNCE UB -6328620-A 03/_9/95 03/19/95 (2 ) REI,I:TI y'E TO P.LL OPER.n ^_'IONS OF TRI -5 , INC. FOR EMPLOYEES OF CONNECTICUT ONLY: COMm- A..7Y P07ICY r INCEPT ON EXP'? _"'ION ROY _", INSuR:�wiCE UE-e32R520-A 03/_9/93 03/19/96 ( 3 ) R :�A^_=VE TO r.LL OPERAT-70NS 0_ ENV:RON?�'NT.' SERVICES 0: A.MER_CA-IN INC. LND ENVIRONM1ENT.= SERVICES OF A_!ZRI CA -MO, :-NC. ONLY: CO►-PrNY POLICY INCEPT-7ON =XPIR.ATION WAUSAU INSURANCE 1916 00-075755 05/19/95 05/19/96 NOTE: ALL ABOVE INSURANCE POLICIES PROVIDE COVERAGE AS FOLLOWS: COVERAGE A: STATE STATUTORY LIMITS EMPLOYERS LIABILITY: 51,000,000 EACH ACCIDENT' $1,000,000 D.:SEASE - POLICY LIMIT $1,000,000 DISEASE - EACH EI.2LOYEE NOTE: FOR OTHER SUBSIDIARY OR AFFILIATED COMPANIES OF ENVIRONMENTAL SERVICES OF AMERICA, INC. OR FOR. EI-LPLOYEES OF STATES OTHER THAN AS NOTED ABOVE, SEE SUPPLEMENTAL INSURANCE CERTIFICATES *** SPECIAL ITEMS CERTIFICATE HOLDER IS PROVIDED ADDITIONAL INSURED STATUS UNDER EACH OF THE ABOVE NOTED POLICIES (EXCEPT WORKERS COMPENSATION) SUBJECT TO THE PROVISION THAT SUCH IS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER IS PROVIDED BENEFIT OF A WAIVER OF SUBROGATION UNDER THE GENERAL LIABILITY AND AUTO LIABILITY POLICIES SUBJECT TO THE PROVISION THAT SUCH IS REQUIRED BY WRITTEN CONTRACT R OTHER DESCRIPTION OF OPERATIONSA.00ATIONS/VBVCLES/SPECIAL ITEMS C;!'IW.UG�f 4/i1!I.WCI.,W:I;1V111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE (LfffiT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Tris Inc 25 Pinney Street LIAB I ITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Ellington CT 06029 A HORI ED REPRES V 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. COI LTR, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) - GENERAL LIABILITY : GENERAL AGGREGATE $ 1000000 A g COMMERCIAL GENERAL LIABILITY 5031438354 04/15/95 04/15/96:PROD UCTS-COMP/OPAGG. $ 500000 CLAIMS MADE: g :OCCUR. :PERSONAL & ADV. INJURY $ 500000 OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 500000 -, FIRE DAMAGE (Any one fire) $ 50000 MED. EXPENSE (Any one person) $ 5000 AUTOMOBILE UAMUTY - COMBINED SINGLE $ 1000000 A B ANY AUTO 1336207896 04/15/95 04/15/96 LIMIT ALL OWNED AUTOS '. BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS :. __ _ __ _...... BODILY INJURY _....... _...... NON -OWNED AUTOS (Per accident) $ _. GARAGE LIABILITY ...__.. _...... __... _._..___ PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $3,000,000 A g UMBRELLA FORM 553025496 04/15/95 ! 04/15/96 AGGREGATE s6,000,000 OTHER THAN UMBRELLA FORM p' WORKER'S COMPENSATION :408542051 04/15/95 04/15/96 STATUTORY LIMITS EACH ACCIDENT $ 100000 AND DISEASE—POLICY LIMIT $500000 EMPLOYERS' UAISIUTY - ____. _....... _...... _.__. _.. DISEASE— EACH EMPLOYEE $ 100000 OTHER DESCRIPTION OF OPERATIONSA.00ATIONS/VBVCLES/SPECIAL ITEMS C;!'IW.UG�f 4/i1!I.WCI.,W:I;1V111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE (LfffiT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Tris Inc 25 Pinney Street LIAB I ITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Ellington CT 06029 A HORI ED REPRES V JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Action Remediation Inc. 3010 Burns Avenue Wantaugh, New York 11793 Gentlemen: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. Returned herewith is your $10,000.00 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure l nt .- NIERIA_.,y .N5 t�i�l , � t t Cr ,ARC. ;?*`'_ BOND#GE5579136 _D#30230 AIA Cc=nrent A37C Biagi Bono INCW ,ALL MEN 9Y i -m-ZE F Z -'{ ! ACTION REMEDIATION CO. , INC. , Mere .mew rw atone Afr Atsowa er letm mile a Cwuramn 3010 BURNS AVENUE, WANTAGH, NEW YORK 11793 as ?.:zc_ar. ^eremarrer caiiec =:e azc GULF INSURANCE COMPANY, r -em .mate twit r,&~ AM Aamesa of .RIM toile m )ufam 5550 WEST TOUHY AVENUE, SKOKIE, IL 60077 _ �==rr cuiv crzar.1'ec _=er :r.. aws cr .:..e =: ./. MISSOURI as :urenf. -erelnarter =.-ea :.;e :urev, are nva ant :..-:v couna Amo TOWN OF SOUTHOLD, 4Me .Mfw luol .23~ the 1OYfe" of .at" 11410 at tirrM.f 53905 MAIN ROAD, SOUTHOLD, N.Y. 11971 as CbUgm ^ere:naiter tailed ::u ObtiQe-.:z me :urz cr TEN THOUSAND AND 00/100 ----- :csiars tS 10,000.00 ~s::wrrretzt Cr wntCl sues well aza .-_:v :c c_ .--aee..-a _ale .. -�ea: Ana .ere sass __rt::v. .:za =•r -:ernes. cur i-mrs. anentton.zartrrrtrstr:.:.rs. suc:M•cri arra =111. ;ctrnv arra :everasiv, rirrnry cv '-_e cr .ezts. wi-4E3EAS.:tie Priri=ai has submittea : _id for men .mere rust nater*. Acarus Ana aret:tmm" of aroreeeI REMEDIATION OF FISHER ISLAND METAL DUMP, FISHER ISLAND, NEW YORK. - C h/ . :-e Cbliet:t snarl Act wee ora a :-r ^rtesau sera re=at Inals enter Into a c.:ntrac: ....tart wie Ctlieoe to aerrraarrcs wren trio teen" of a:cn ::a. ana give such cofeo or ocnaa as may at stxantfa to trio olavust .r _.itma '-aesaaterets narn V= ana suteiceett survv -or ne ralrntus cenorntance of suet LzZtraci :na tar tre crarnot :ssesent at laow am rnatenas iumnnea In trio :=es::ucn :nereat.:r :n the event at t. -e -abuse or trio in=o&1 to ester suC= C_ -Au= no Vm ju= eano or --aeras. it the ?--aau snau aav to the Cbiixee the atriemnxv not to e:cm the cenatty -ttrgw aetseeew rise anseunt sueettieo in said Zta uta sucn :areer amount ter w.nrrn the v'bi ow Reav In coo-- rues emtracs r#dn atsawor cam to teas ere sere worst ccvww :Y'ata =:a. : -en tnts aouuttan snau ce nuts am rota. otrterwne to reeeaen - :. as tatce ana offals. 17TH .JACQUELINE MESA��s' =V c: APRIL T;KN REMEDIATION CO., INC. ;Cut GULF INSURANCE COMPANY PAUL A. COSTANTINO, ATTORNEY-IN-FACT •..► :.CC�StMf A377 • i10 3C40 • -A 9 • %;j]WW.'Iiy 'u -q cC ►e •..eilC.t v _i +dC:•'.I i Fes:. v • rf.. w ..._w.:'=. :. :. :- 9 • STATE OF NEW YORK COUNTY OF NASSAU I, Brad 'Hamburger , a Notary Public of Nassau County, State of New York, do hereby certify that Paui A. Costantino , Attorney -In -Fact of GULF INSURANCE COMPANY, who is personaily known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed, sealed and delivered said instrument for and on behalf of GULF INSURANCE COMPANY or the uses and purposes therein set forth. Given under my hand and notorial seal at my office at Jericho, New York, in said county, this 1gIW day of gRRT, , 19 9.j , A.D. BRAD HAMBURGER Notary Public. State 0 New York No. 02K"991752 aualified in Nam 0 1� Comn*sion E*m Notary Public ` GULF INSURANCE C010ANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN 'ONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of :Missouri. having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or anv Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact. such persons, firms, or corporations as may be selected from time to time; and any such Attorney-in-fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President. or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute. acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached.— Gulf Insurance Company does hereby make, constitute and appoint PAUL A. COSTANTINO, STATE OF NEW YORK, BONDr r - NUMBER GE 5) 6 / 91 J 6 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP ACTION REMEDIATION CO., INC. 3010 BURNS AVENUE WANTAGK,-NEW_YORK 11793 EFFECTIVE DATE APRIL 17, 1995 CONTRACT AMOUNT BOND AMOUNT $ 10,000.00 its true And lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name. place and stead. to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Companv thereby as fully and to the same extent as if any bonds. tderraldngs and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of Ad attomey(s)-in-fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. y�RA"ce .� °o GULF INSURANCE COMPANY 4 GOtaPORgT� �v yiSso\,P\ G'V STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personaliv who being by me duly sworn. did depose and soy; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal, that it was so d ted by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. T�\D JAp� p 9 NOTARY ". '�Bt\C' Q David Jaffa 9r AO No. 24-4958634 STATE OF NEW YORK ) FOF NE`t't Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) I, the undersigned, Senior Vice President of the Gulf Insurance Company, a N16souri Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. ------ �09ANCF 'd= -Co Signed and Sealed at the City of New York. SF,�I" \ Dated the 17TH day of APRIL 19 95 Lawrence P. Miniter Senior Vice President i I ' CONTRACTOR'S TRADE NANIE: ACTION REMEDIATION CO., INC. BOND NO. GE5679136 A1,IOL`T S 10,000.00 BID DATE: 4/17/95 OBLIGEE: TOWN OF SOUTHOLD 53905 MAIN ROAD, SOUTHOLD, NY 11971 DESCRIPTION OF PROJECT: REMEDIATION OF FISHER ISLAND METAL DUMP, FISHER ISLAND, NEW YORK. PLEASE FILL IN THE FIRM NAME AND THREE LOWEST BID PRICES - ALSO, CHECK OFF THE WINNING BID. LOWEST BIDDER IND LOWEST BIDDER 3RD LOWEST BIDDER FIRM: S FIRM: S FIRM: 5 IF YOUR BID IS NOT LISTED ABOVE - WHAT WAS YOUR BID? COMMENTS: SIGNED: .19 BY: TITLE: PLEASE RETUR-V IMMEDIATEL- Y TO: THE HALLAND COMPANIES 61 JERICHO TURNPIKE JERICHO. NEW YORK 117/33 316-333-3000 c �'%CFF JUDITH T. TERRY 0 1 Town Hall, 53095 Main Road TOWN CLERK C4 x v P.O. Box 1179 REGISTRAR OF VITAL STATISTICS � Gy � � � Southold, New York 11971Fax (516) 765-1823 MARRIAGE OFFICER 1J0 ��,. Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER I > �► r ee P FREEDOM OF INFORMATION OFFICER r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Matthew D. Falvey, Secretary Falvey Construction Corp. P.O. Box 699 Killingworth, Connecticut 06419 Dear Mr. Falvey: We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. Returned herewith is your $10,000.00 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure THE AMSICAN INSTITUTE OF AAITECTS BOND NO: 000928903-95 0 A)A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we FALVEY CONSTRUCTION CORPORATION :Here insert cull name ano address or legal title of Contractor) 184 ROUTE 81, BUILDING 2, UNIT 2, P.O. BOX 699, KILLINGWORTH, CT 06419 as Principal, hereinafter called the Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY ;Here Insert lull name and address or legal title of Surety) ONE NEWARK CENTER, 20TH FLOOR, NEWARK, NEW JERSEY 07102-5207 a corporation duly organized under the laws of the State of NEW JERSEY as Surety, hereinafter called the Surety, are held and firmiv bound unto TOWN OF SOUTHOLD Here insert full name Ana address or legal title of Owners P.O. BOX 1179, SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of TEN THOUSAND AND 00/100 ------------------------------------------------------------------------ --------------------------------------------------------------------- Dollars ($ 10,000.00------3, 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 lull name. address and description of protect) REMEDIATION OF FISHERS ISLAND METAL DUMP 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 or such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents wan good and sufficient surety for the faithful performance of such Contract and for the prompt payment or 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, it 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 pain to perrorm 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 17TH day of APRIL 1995 �FALVEY CONSTRUCTION CORPORATION Pall) (Seal) (wi(ness) Donald alV`t)e� President INTERNATIONAL FIDELITY INSURANCE COMPANY (5urety) (Seal) fitness) '►'Y},^ MIF. MER,ATitle) ATTORNEY-IN-FACT AIA DOCUMENT A310 - BIO BOND - AIA 0 - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 200116 Z F OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Gilbert W. Simmers Jr. Secretary -Treasurer Chesterfield Associates Inc. P.O. Box 1229 Westhampton Beach, New York 11978 Dear Mr. Simmers: We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. Returned herewith is your $10,000.00 Bid Bond. ` Enclosure Very truly yours, �i Judith T. Terry Southold Town Clerk A� SO FO( C JUDITH 1 T. TERRY = Town Hall, 53095 Main Road TOWN CLERK r�r� _ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 Fax (516) 765-1823 RIAGE OFFICER RECORDS MANA EM NT OFFICER ( `t►aOr Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Gilbert W. Simmers Jr. Secretary -Treasurer Chesterfield Associates Inc. P.O. Box 1229 Westhampton Beach, New York 11978 Dear Mr. Simmers: We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. Returned herewith is your $10,000.00 Bid Bond. ` Enclosure Very truly yours, �i Judith T. Terry Southold Town Clerk • Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, JMD. 21203 BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Chesterfield Associates, Inc. 56 South Country Rd . , Westhampton Beach, NY 11978 as Principal, and Fidelity and Deposit Company of Maryland, as Surety, are hereby held and firmly bound unto Town of Southold. NY as Obligee in the penal sum of Ten Thousand & no/100 ($10,000-00) dollars 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 10th day of_ A=il ig 95-. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That, WHEREAS the Principal has sub- mitted to the Obligee Town of Southold- NY a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing, for the_ Remediation of Fishers Island Metal Dump NOW, THEREFORE, (a) If said Bid shall he rejected, or, in the alternate (b) If said Bid shall he accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then, this obligation shall he void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all cisims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Obligee may accept such bid; end said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto 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. FIDELITY AND DEPWI J COMPANY OF MARYLAND By C-1424(NI)Robert G. Tynan, Attorney-in-fact FID?LITY AND DEPOSIT AMPANY OF MARYLAND HOME OFFICE: BAL77MORE, MD. 21203 Statement of Financial Condition AS OF JUNE 30, 1994 The go. Companies ASSETS Bonds..............................................................................$ 334,519,375 Stocks............................................................................. 188,223,103 RealEstate......................................................................... 3,411,898 Cash in Banks and Offices and Short Term Investments ..................................... 11,740,296 Premiums in Course of Collection (less than 90 days old) ................................... 37,814,753 Reinsurance and Other Accounts Receivable ............................................... 19,811,392 TOTAL ADMITTED ASSETS............................................................$ 595,520,817 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums.......................................................$ 146,141,940 Reserve for Claims and Claim Expenses .................................................. 202,757,956 Reserve for Taxes and Expenses........................................................ 2,341,634 Miscellaneous........................................................................ 19,674,146 TOTAL LIABILITIES..................................................................$ 370,915,676 Capital Stock, Paid Up ........................................... $ 5,000,000 Surplus........................................................219,605,141 Surplus as regards Policyholders..................................._.................... 224,605.141 TOTAL............................................................................$ 595,520,817 Securities carried at $13,253,000 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1994 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $591,473,490 and surplus as regards policyholders $220,557,814. I, JOSEPH J. GALLAGHER, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 30th day of June, 1994, according to the best of my information, knowledge and belief. STATE OF MARYLAND CITY OF BALTIMORE I SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland, in the City of Baltimore, this 30th day of June, 1994. 3 ROTA RYSm • i K, , 01/- ---------------- Notary Public My commission expires June 3, 1997. LI458L(ws)-20M. 9-94 E • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYI titin tet, o� STATEOF--------------------------�------------------ COUNTY OF____---_�f__U__----`�--'–�- SS: _ / %" ___--_----- 19________, before me personally came Onthis--------------------------- day of_---------� ------------------------ appeared------- - �'` z bpm f ------ ---------------------------------------------------------------------------------------------- with whom I am personally acquainted, who, being by me duly sworn, did depose and say: Is-_71�i �'"I" -- - - -- - -- - --- that he is the_- mac �/, z _- -------r? That he resides at------____-'_'-1---------_-`�^� _ �-- - of the--- S �«t� sacs a l eti -- �'------------------------------------- -------------------- ---------------- --- ------ the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors, and that he signed his name thereto by like order. JOAN K LOWFIL��--------__---- NdXy Public, State of Now York ------------- ----- - ------ - ovary Pubtic No. 4894257, Suffolk Cftly County BRM 3)'_3- 3M. 4-43 CofllRtlS8 M EXfM play 18, 1995 -------Assistaat ....g --------..,L_ ............ ATE OF MARYLAND ieary Vice-Prs-------- CITY CITY OF BALTIMORE ss' On this 8th day of June , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the Citv nf year first above written. STATE OF NEW YORK COUNTY OF .... Nassau r SS: CITY OF ---------- _—_ ----- ,�-�------ — ) On this ----------_--- --------day of-------N-Y_1------------------------------ > in the year 19 a T before me personally came --------- __B.Qbert G __Tynan---------- ---------------------to me known, who, being by me duly sworn, did Garden Ci_ [_______________; that he was the Attorney -in -Fact of the depose and say that he resided in the City of_________________ _ _ _ _ _>`jC�___ _ Fidelity and Deposit Company of Maryland, the corporation named in and which executed the within instrument; that he knew the seal of such 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. And that the liabilities of said Company do not exceed its assets as ascertained in the manner provided in Section 183 of the Insurance Law, constituting Chapter 33, of the Consolidated Laws of the State of New York. ---- ------------- _ ------------------------------- – - - + ' ' / NOTARY *�,, - �_ Notary Public Countyf W93)94 -6M. 11-92 236845 / • • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article V1, Section 2. The Chairman of the Board, or the President, or any Executive: Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies., contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . and to affix the seal of the Company thereto. " Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE. BALTIMORE. MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be iq,,, , . force and,effect on the date hereof, does hereby nominate, constitute and appoint William F. Tynan, III ander ert G_��inan, both of Garden City, New York EACH ........................ its true an agent and Attorney -in -Fact, to make, any and all bonds and undertakings. e execution of such bonds or undertak and amply, to all intents and purposes, as if the Company at its office in Baltimore, Md. that issued on behalf of WiLI�. . Beal and delivet;;for, and on its behalf as surety, and as its act and deed: ..... a,Pursuance of`tReee presents, shall be as binding upon said Company, as fully shad been dulyext cured and acknowledged by the regularly elected officers of lieir own proper persons. This power of attorney revokes F. TXira '; III, etal, dated, August 10, 1983. The said Assistant Secretary does here45�cei* thatA�`extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Com" any, and is nose force. IN WITNESS WHEREOF, the saidyise-President_aneAssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY`AND DEF4 COMPANY OF MARYLAND, this 8rh day of June , A.D. 19__L7 \ �, _ FIDELITY_A1`1D DEPOSIT COMPANY OF MARYLAND ATTEST: ......... _... ----- ` (3.� - ---------\----------...... By----------------------- l: "_ — ...------------ Assistant SecretaryVice-Press ent STATE OF MARYLAND CrrY OF BALTIMORE 1 On this 8th day of June , A.D. 19 87 , before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. vii wO,��Y'f t Notary Public Commis.iblnjWpires July 1. 1990 ' CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WH REOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 0 day of P?o r; 093-2764 Assistant Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI. Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorncys-i n- Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments ofjudgements, decrees, mortgages and instruments in the nature of mortgages, ...and to affix the seal of the Company thereto." FIDEAY AND DEPOSIT CONtANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. 21203 Statement of Financial Condition AS OF JUNE 30, 1994 The D Companies ASSETS Bonds..............................................................................$ 334,519,375 Stocks............................................................................. 188,223,103 RealEstate......................................................................... 3,411,898 Cash in Banks and Offices and Short Term Investments ................. . ................... 11,740,296 Premiums in Course of Collection (less than 90 days old) ........... . ....................... 37,814,753 Reinsurance and Other Accounts Receivable ............................................... 19,811,392 TOTAL ADMITTED ASSETS............................................................$ 595,520,817 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums.......................................................$ 146,141,940 Reserve for Claims and Claim Expenses .................................................. 202,757,956 Reserve for Taxes and Expenses........................................................ 2,341,634 Miscellaneous........................................................................ 19,674,146 TOTAL LIABILITIES..................................................................$ 370,915,676 Capital Stock, Paid Up ..................... . ..................... $ 5,000,000 Surplus........................................................ 219,605,141 Surplus as regards Policyholders........................................................ 224,605,141 TOTAL............................................................................$ 595,520,817 Securities carried at $13,253,000 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of June 30, 1994 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $591,473,490 and surplus as regards policyholders $220,557,814. 1, JOSEPH J. GALLAGHER, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company, on the 30th day of June, 1994, according to the best of my information, knowledge and belief. STATE OF MARYLAND CITY OF BALTIMORE I SS: Subscribed and sworn to, before me, a Notary Public of the State of Maryland, in the City of Baltimore, this 30th day of June, 1994. 5 -� '`yJN OTA Ar --? 8 Ll Giros l _ ------------- Notary Public My commission expires June 3, 1997. L1458Uws)-20W 9-94 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Lynn Johnston, Vice President TransRiver Marketing Company 757 North Eldridge Houston, Texas 77079 Dear Ms. Johnston: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. For the record, you did not submit the required Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk s� c � - x OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Lynn Johnston, Vice President TransRiver Marketing Company 757 North Eldridge Houston, Texas 77079 Dear Ms. Johnston: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. For the record, you did not submit the required Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 o 15 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Charles S. Levine B 8 A Demolition and Removal, Inc. 317 Weidner Avenue Oceanside, New York 11572 Dear Mr. Levine: Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. For the record, you did not submit the required Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 18, 1995 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Robert R. Bye Vice President, Operations Allstate Power Vac, Inc. 2515 Brunswick Avenue Linden, New Jersey 07036 Dear Mr. Bye: We now have an executed contract between the Town of Southold and Tri -S Inc. Division of Environmental Services of America, Inc. (ENSA) for the remediation of the Fishers Island Metal Dump. I am enclosing herewith a copy of the Town Board's resolution awarding the bid for your information. Thank you for submitting your bid on this project. Returned herewith is your $10,000.00 Bid Bond. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure AIU Insurance Company ,�/� Worldwide American Home Assurance Company 1, Banding Granite State Insurance Company American International Companies The Insurance Company of the State of Pennsylvania National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Division New Hampshire Insurance Company 70 Pine Street. New York. N.Y. 10270 BID BOND AIA 310) KNOW ALL MEN BY THESE PRESENTS. That Allstate Power—Vac, Inc. as Principal. and The Insurance Company of the State of Pennsylvania , as Surety, are held and firmly bound unto Township of Southold, NY Ten Thousand and no/100------ as Obligee. In the sum of Dollars ,S 10,th000.00 I, for e payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their ileus. executors. acimimstrators. successors and 3SSIgns. jointly and severally, flank; by these presents. WHEREAS. the Principal has submitted a bid for refuse removal (metal - dump) %0W. "HEREFORE. r the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract v.itn the Obligee in accoroance .:i;n the 'erms of such ow. and give such bond or bonds as may be specified in the bidding or Contract Documents with good 2nd suffiaent surety for the faiintul aertormance of such Contract ana for the prompt payment of labor and material furnished in :he prosecution tnereoi. or in the event of the tallure of the Principal to enter such Contract and give such bond or bonds. if the Principal shaii pay to :ne Obligee the lifference not to exceed the penalty hereof between the amount specified in said bid and such iareei amount for :vhicr. the Obligee may in good faith contract with another party to perform the Work covered by said bid. then this obliaauon snail be nuil and void. otherrnse to remain in full force and effect. Signed. sealed ano oatea April 13, 1995 /i Allstate er-Vac , Inc. "crines 1 By Louis Galago -III, CB0 "11e1 The Insurance Company of the State of Pennsylvania Jur�lt/, Bona `do Elizabeth A/)Calabrese ,crne, n -qac: i/ Re: Principal: Allstate Power -Vac, Inc. Bid Date: Aril 17 1995 Estimated CorTtract Price $2,100,000 Project: refuse removal Gentlemen: We, The Insurance Company of The State of Pennsylvania, hereby agreed that if an award is made to Allstate Power -Vac, Inc. on the captioned project and a mutually acceptable contract is signed, we will execute or arrange for the execution of the necessary Performance and/or Payment Bond(s) providing they are required prior to the commencement of work. This commitment will remain in full force and effect until June 17, 1995 unless extended, in writing, by the undersigned. Very truly yours, The Insurance Company of The State of Pennsylvania at-/, yLa�L- �11 -/�?- �-' Attp ney-In-Fact Eliz' th A. Calabrese I tie Insurdutm UU111pa1,y ul Ulu State of Pennsylvania Executive Offices 70 Pine Street New York. NY 10270 ASSETS FINANCIAL STATEMENT as of December 31, 1993 Bonds..................................................................... 51.046.143.486 Stocks..................................................................... 2°4,598.118 Collateral Loans- 0 - ..................................................... Cash and Bank Deposits ............ ........................... 6.281,961 Agents Balances or Uncollected Premiums .......... 446.282389 Funds Held by Ceding Reinsurers ...... ........ _......... 3.747,046 Reinsurance Recoverable on Loss Payments....... 110.230.671 Company's interest in Assets of AIUA andAIUOA......................................................... 21,921.013 Other Admitted Assets ........................................... 82044.676 TOTAL ASSETS .......................... _.......... 2.011,249,360 UABIUTiES Reserve for Losses and Loss Expenses....-....__. $1.325.215Z5 Reserved for Unearned Premiums............-.._--. 243.467,937 Reserve for E penes. Taxes. Licenses and Fees . ................................. 2.679.250 Reserve for Unauthorized Reinsurance ................. 22122.108 Funds Heid Under Reinsurance Treaties ............... 24,456.885 Other Liabilities. ............................... 11,100.840 Capital Stock... .................................. 5.005.500 Surplus .........._.......................... 373.180.574 TOTAL POLICYHOLDERS' SURPLUS. . .. . . ... .................... 378.186.074 TOTAL LIABILMES AND POLICYHOLDERS' SURPLUS ............... 2.011,249.350 Bonds and stocks are valued in accordance with the basis adopted by the Nationai Association of insurance Commissioners. Securities carried at 5101,611,750 in the above Statement are deposited as required by law. CEFMFiCATE EiJZ48E"H M. TUCK. Secretary and MICHAEL J. CASTEL U. Comptroller of The Insurance Company of the State of Pennsvivania being duly swom, each for himself deposes and says that they are the above described "officers &.4e said Company and that on the 31st day of December. 1993, the Company actually possessed the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as hereinbefore indicated. and that the foregoing statement is a correct exhibit of such assets and liabilities of the said company on the 31 st day of December, 1993, according to the best of their information, knowledge and belief, respectively. U u ii ` n" oSetxetary► Comptroller STATE OF NEW YORK� SS.. COUNTY OF NEW YORK On tnts 30 0av at Aont t9 94 Before me came the above names otficers at The insurance Camoamr at the State of Pennsvn+anta. to me Lersonaw Known to as the inamouats ana otfic2rs Jesc,:::ea ^ereln. --ria acxnowieaoeo that ;mev executea tns foreaotno --xea .-_ Seal Ct sa:c _ rato❑ .. ere= nut ^+ Ct oz��--j !CSE?H 9.'4CZZ=''C Voter+ 7c�iic. _'ere cr New 'forx The Insurance Company of the Ste of Pennslvvania i POWER OF ATTORNEY Principal Bond Office 70 Pine Street, New York, Y 10270 No 01-B-1773 1040W ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does hereby appoint ---Francis Y. Frayer, Elizabeth A. Calabrese: of Cranford, New Jersey --- its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF, The Insurance Company of the State of Pennsylvania has executed these presents STATE OF NEW YORK } COUNTY OF NEW YORK}ss. On this 13th day of May 1994 before me came the above named officer of The Insurance Company of the State of this 13th day of May -1994 William D. Smith, President Pennsylvania, to me personally known to be the individual and officer described herein, and acknowledged that he '1 '�;;;; ` 7r _ executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. Car'ificaia Film .i ; un!Y CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania, on May 18, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact u represent and act for and on behalf of the Company to execute bonds, undertakings, recogaizances and other contracts of indemnity and writinan obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to am certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valic and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or wntin, obligatory in the nature thereof; "RESOLVED, that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in sucl. certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." I, Elizabeth M. Tuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resoluae: adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that 'joth ti:. Resoiution and the Power of Attomev are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation this 13th day of April 19 95 r r Elizabeth M. Tuck, Secretary: .r•�m , .f JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER • 11 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 13, 1995 Peter Olsen, Jr. Technical Sales Representative TRI -S Inc. Division of ENSA 25 Pinney Street Ellington, Connecticut 06029 Dear Mr. Olsen: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1800 0 Transmitted herewith is a certified resolution of the Southold Town Board, adopted on July 11, 1995, authorizing you to enter into a subcontractors agreement with DW Transport and Leasing Inc., subject to the terms and con- ditions of Section IV, Subcontracts in your contract between the Town of Southold for the Remediation of the Fishers Island Metal Dump. Very truly yours, Judith T. Terry Southold Town Clerk cc: Fishers Island Ferry District _. Town Attorney OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 11, 1995: RESOLVED that the Town Board of the Town of Southold hereby grants permission to TRI -S Inc. Division of ENSA, contractor for the Remediation of the Fishers Island Metal Dump, to enter into a subcontractors agreement with DW Transport and Leasing Inc. of Waterford, Connecticut, subject to the terms and conditions of Section IV, Subcontracts in the contract between the Town of Southold and TRI -S Inc. Division of ENSA for the Remediation of the Fishers Island Metal Dump. Judith T. Terry Southold Town Clerk July 12, 1995 O��S�ffO(,�CO JUDITH T. TERRY !� TOWN CLERK y Z REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER I �` FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 11, 1995: RESOLVED that the Town Board of the Town of Southold hereby grants permission to TRI -S Inc. Division of ENSA, contractor for the Remediation of the Fishers Island Metal Dump, to enter into a subcontractors agreement with DW Transport and Leasing Inc. of Waterford, Connecticut, subject to the terms and conditions of Section IV, Subcontracts in the contract between the Town of Southold and TRI -S Inc. Division of ENSA for the Remediation of the Fishers Island Metal Dump. Judith T. Terry Southold Town Clerk July 12, 1995 a • Fishers Island Ferry District District Created By Special Act of The N. Y. State Legislature haws of N. Y., 1947, Chapter 699) FISHERS ISLAND, NEW YORK 06390 ROBERT P. KNAUFF Manager - Secretary TELEPHONE 788-7463 Area Code 516 Mr. Thomas H. Wickham Supervisor, Town of Southold 53095 Main Road Southold, NY 11971 Dear Mr. Wickham: 0 /'/11" BOARD OF COMMISSIONERS REYNOLDS duPONT, JR. Chairman THOMAS F. DOHERTY, JR. LILLIE M. AHMAN DAVID C. BURNHAM 11 July TF,P/HENt9VgK Please be advised that the Board of Commissioners of the Fishers Island Ferry District and D. W. Transport & Leasing, Inc. have settled the outstanding differences between the two parties. Accordingly, the Board of Commissioners hereby withdraws its request to the Town Board to table approval of D. W. Transport & Leasing, Inc. as a subcontractor on the Fishers Island metal dump remediation project. Very truly yo s, C)vt�� Re olds duPont Jr. Chairman Copy to: TRI -S, Inc. Div. of ENSA D. W. Transport & Leasing, Inc. Fishers Island Ferry District District Created By Special Act of The N. Y. State Legislature (Laws of N. Y., 1947, Chapter 699) FISHERS ISLAND, NEW YORK 06390 ROBERT P. KNAUFF Manager - Secretary TELEPHONE 788-7463 Area Code 516 Mr. Thomas H. Wickham Supervisor, Town of Southold 53095 Main Road Southold, NY 11971 Dear Mr. Wickham: BOARD OF COMMISSIO'.NERS REYNOLDS duPONT, JR. Chairman THOMAS F. DOHERTY, JR. LILLIE M. AHMAN DAVID C. BURNHAM II STEPHEN A. COOK June 26, 1995 It is understood that the Town Board has been requested to approve D.W. Transport & Leasing, Inc. as a sub -contractor for the remediation of the metal dump on Fishers Island. As D.W. Transport & Leasing, Inc. and the Fishers Island Ferry District have unresolved differences with regard to money owed for deliveries made to Fishers Island by D.W., it is requested that the resolution to approve D.W. Transport & Leasing, Inc, be tabled until such time as the differences have been settled. D.W. Transport & Leasing, Inc. was advised on the May 17, 1995 as follows: "Once the last dumpster is removed from Fishers Island for the Garbage & Refuse District, no D.W. Transport & Leasing vehicles will be accepted for transportation to Fishers Island regardless of the status of the vehicles (i.e., prime contractor, sub -contractor, or on a lease basis to another firm) until this matter has been satisfied." Very truly yours, eynolds duPont, r. Chairman ENSA Town of Southold Main Road Southold, NY 11971 Environmental Services of America, Inc. Tri -S Inc. Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS Fax: (203) 875-8587 6/19/95 Attention: Thomas Wickham/Judith T. Terry Dear Mr. Wickham/Mrs. Terry TRI -S Inc. Division of ENSA requests written approval to enter into a subcontractors agreement with DW Transport and Leasing Inc. of Waterford, CT. TRI -S Inc. Division of ENSA does understand that all such subcontractors shall make express reference to the terms and conditions of the agreement and shall obligate the subcontractor to comply with all applicable federal, state, and local laws, ordinances or regulations relating to the services to be performed under the subcontractor. you, Peter Olsen, Jr. Technical Sales Rep. PO/ks poshny.wps n � a C-4 Ej d Offices Nationwide Rahway, NJ - Baltimore, MD - Royersford, PA - Philadelphia, PA New Orleans, LA - Syracuse, NY - Hartford. CT - Brattleboro, VT - Burlington, VT Chicago, IL - Los Angeles, CA - South Bend, IN - Scott City, MO ! 0 Environmental Services of America, Inc. n 6/19/95 Town of Southold Main Road Southold, NY 11971 Attention: Thomas Wickham/Judith T. Terry Dear Mr. Wickham/Mrs. Terry Tri -S Inc. Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS Fax: (203) 875-8587 TRI -S Inc. Division of ENSA requests written approval to enter into a subcontractors agreement with DW Transport and Leasing Inc. of Waterford, CT. TRI -S Inc. Division of ENSA does understand that all such subcontractors shall make express reference to the terms and conditions of the agreement and shall obligate the subcontractor to comply with all applicable federal, state, and local laws, ordinances or regulations relating to the services to be performed under the subcontractor. T you, Peter Olsen, Jr. Technical Sales Rep. PO/ks poshny.wps Offices Nationwide Rahway, NJ - Baltimore, MD - Royersford, PA - Philadelphia, PA New Orleans, LA - Syracuse, NY - Hartford, CT - Brattleboro, VT - Burlington, VT Chicago, IL - Los Angeles, CA - South Bend, IN - Scott City, MO • Environmental dices of America Inc. AFFIRMATIVE ACTION PROGRAM STATEMENT OF PLAN Tri -S Inc. Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS Fax: (203) 875-8587 It is the policy and practice of Tri -S Incorporated to assure that no person will be discriminated against nor be denied the benefits of any activity, program or employment process receiving public funds, in whole or in part, in the areas of recruiting, advertising, hiring, upgrading, promoting, transferring, demoting, layoffs, termination, rehiring, employment and/or rates of pay and other compensations. It is the policy and practice of this firm not to discriminate against any person on the grounds of race, color, religious creed, sex, marital status, national origin, ancestry, present or past history of mental disorder, mental retardation, sexual orientation, learning disability or physical disability (including but not limited to blindness), except where any of the above is a bona fide occupational qualification. This policy and practice applies to all persons including those who are members of the protected classes identified as being Afro-American, Hispanic, Asian -American, Native American, Women or Disabled. This firm will implement, monitor and enforce this Affirmative Action Plan in conjunction with the applicable federal and state laws, regulations and executive orders listed below; and also in conjunction with the EEO contract provisions listed below of which we intend to achieve full compliance: 1) Civil Rights Act of 1964 as amended 2) Presidential Executive Order 11246 as amended 3) Title 23, U.S. Code of Public Law 140 4) Title 49 CFR, Part 23 5) Governor's Executive Orders #3 and #17 6) Connecticut Fair Employment Practices Act 7) Contract Provisions of Federal Aid Construction Contracts 8) Minority Business Enterprises as Subcontractors 9) The Americans With Disabilities Act of 1990 10) Public Act 91-58 11) Civil Rights Act of 1991 12) A(76) Affirmative Action Requirements 13) Specific Equal Employment Opportunity Responsibilities as mandated by contract 14) Training Special Provision as mandated by contract 15) Standard Federal Equal Employment Opportunity Construction Contract Specification as mandated by contract 16) Non-discrimination Clause t Offices Nationwide Rahway, NJ - Baltimore. MD - Royersford, PA - Philadelphia, PA New Orleans, LA - Syracuse, NY - Hartford, CT - Brattleboro, VT - Burlington, VT Chicago, IL - Los Angeles, CA - South Bend, IN - Scott City, MO 0 Affirmative Action Program Page 2 In implementing this policy and ensuring that equal opportunity is provided to all persons, this firm will request referrals and applicants through use of the following sources in filling job vacancies: 1) Connecticut Job Services Offices, Manchester, CT 2) Connecticut Job Services Office, Hartford, CT 3) Hartford Courant Classified Section 4) Manchester Journal Inquirer Classified Section 5) El Periodico (Spanish language free newspaper) 6) Hartford Inquirer (Black free newspaper) 7) New England Minority News (Minority community) 8) CT Commission on Status of Women To substantiate the efforts made and the affirmative actions taken to provide equal opportunity, this firm will maintain and submit as required documentation such as referral request correspondence and copies of advertisements utilized in conjunction with the above named sources; in addition, to further substantiate efforts and affirmative actions, this firm will maintain internal EEO/Affirmative Action procedures and reporting and record-keeping systems. As an equal opportunity employer, it is understood by the firm's Equal Employment Opportunity Officer ("EEO Officer") ; and the firm's management and supervisory personnel that failure to effectively implement, monitor and enforce this firm's affirmative action program; and the failure to adequately document the affirmative actions taken and efforts made to recruit and hire minority and female applicants in accordance with our affirmative action program in each instance of hiring will result in this firm being required to recommit itself to a modified and more stringent affirmative action program prior to receiving approval of such program by the contracting agency, a prerequisite for performing services for the contracting agency. Once a year the affirmative action program will be updated in accordance with the current updated procedures being supplied by the contracting agency. In addition, it is understood -that the complete affirmative action program of this firm consists of both this affirmative action policy statement and any equal employment opportunity / affirmative action requirements contained in contracts we may receive. Finally, as Chief Executive Officer of this firm, I am personally committed to the effective implementation, monitoring and enforcement of our affirmative action program and direct that the EEO Officer of this firm and all management and supervisory personnel to implement, monitor and enforce this program with the same dispatch and expertise normally applied and expected in the course of their duties. I hereby appoint Debra M. Anderson, as the Equal Employment Opportunity Officer of this firm. l 30 95 Thomas Pappal o, Dated President • ENSA Environmental SeNces of America, Inc. SEXUAL HARASSMENT POLICY Tri -S Inc. Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS Fax: (203) 875-8587 It is the established policy of Tri -S, Incorporated, to ensure equal employment opportunity and to prevent discrimination in all employment practices. Sexual Harassment is a type of discrimination and is prohibited by Title VII of the Civil Rights Act, as amended; and by Connecticut General Statute 46a-60 (a) (8) as a Discriminatory Employment Practice. "Sexual Harassment" is defined as "any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made whether explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." In addition, Sexual Harassment can include crude or offensive language or jokes of a sexual nature. Sexual Harassment will not be tolerated by Tri -S, Incorporated and will be grounds for disciplinary action. Complaints of sexual harassment will be processed by our Equal Employment Opportunity Officers through the established Complaint Procedure. It is not the intention of Tri -S, Incorporated to regulate social relationships that are freely entered into by employees. However, it is our affirmative duty to develop and maintain a workplace free of sexual harassment and intimidation. We expect the full support and cooperation of every_ employee to help us achieve this goal. Thomas Pappal President t ITebra M. Anderson EEO Officer Offices Nationwide Rahway, NJ - Baltimore, MD - Royersford, PA - Philadelphia, PA New Orleans, LA - Syracuse, NY - Hartford, CT - Brattleboro, VT - Burlington, VT Chicago, IL - Los Angeles, CA - South Bend. IN - Scott City, MO [excerpt from Tri -S Inc. Em to •andbook, dated October 1994 raft Me -write] It has always been the policy, and will continue to be the strong commitment of Tri -S Inc. and all contractors and subcontractors who do business with this Tri -S Inc., to provide equal opportunities in employment to all qualified persons solely on the basis of job-related skills, ability and merit. Tri -S, Inc. will continue to take Affirmative Action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, ancestry, mental disorder (present or past history thereof), age, physical disability (but not limited to blindness), marital status, mental retardation, and criminal record. Such action includes, but is not limited to, employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. Tri -S, Inc., its contractors and subcontractors, will continue to make good faith efforts to comply with all Federal and state laws and policies which speak to equal opportunity employment. The principles of Affirmative Action are addressed in the 13th, 14th and 15th Amendments of the United States Constitution, Civil Rights Act of 1866, 1870, 1871, Equal Pay Act of 1963, Title VI and VII of the 1964 United States Civil Rights Act, Presidential Executive Orders 11246, amended by 11375, (nondiscrimination under federal contracts), Act 1, Section 1 and 20 of the Connecticut Constitution, Governor Grasso's Executive Order Number 11, Governor ONeill's Executive Order Number 9, the Connecticut Fair Employment Practices Law (Sec. 46a-60-69) of the Connecticut General Statutes, Connecticut Code of Fair Practices (46a- 70-81), Deprivation of Civil Rights (46a-58(a)(d)), Public Accommodations Law (46a-63-64), Discrimination against Criminal Offenders (46a-80), definition of the Blind (46a-51(1)), definition of the Physically Disabled (46a-51(15)) definition of Mentally Retarded (46a-51(13)), cooperation with the Commission on Human Rights and Opportunities (46a-77), Sexual Harassment (46a - 60(a) -8), Connecticut Credit Discrimination Law (360436 through 439), Title I of the State and the Local Fiscal Assistance Act of 1972. This Affirmative Action Policy Statement re -affirms our personal commitment to the principles of Equal Employment Opportunity. i Environmental RvicesofAmerica, Inc. Tri -S Inc. Division 25 Pinney Street Ellington, CT 06029 Phone: (203) 875-2110 1 -800 -445 -TRIS Fax: (203) 875-8587 AFFIRMATIVE ACTION POLICY STATEMENT It is the policy and practice of this firm not to discriminate against any individual because of the individual's race, color, religious creed, sex, marital status, national origin, ancestry, present or past history of mental disorder, mental retardation, sexual orientation, learning disability, including, but not limited to, blindness, except where any of the above is a bona fide occupational qualification or need. Thomas PappaIAJ Debra M. Anderson President EEOOfficer Offices Nationwide Rahway, NJ - Baltimore, MD - Royersford, PA - Philadelphia, PA New Orleans, LA - Syracuse, NY - Hartford, CT - Brattleboro, VT - Burlington, VT Chicago, IL - Los Angeles, CA - South Bend, IN - Scott City, MO