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Cider Mill Loop Water Storage Tank- WWIA MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC 9 Elks Lane,Poughkeepsie, New York 12601 Tel-(845)454-3411 F x (845)473A962 ❑ 389 Fairview Avenue, Hudson, New York 12534 Tal:(518)828-2380 Fax-(5.18).828-3963 E-Mail:morrisassociates@aol.com May 28,2009 Town of Wappinger Town Board G �� Town Hall AE 20 Middlebush Road Wappingers Falls, NY 12590 �[ � Attn: Hon. Christopher Colse , Supervisor RE: Cider Mill Loop Water Tank Tank Rehabilitation Project MA#W2 D839 Dear Mr.Colsey and Town Board Members: The following informationis provided to assist the Board in adopting a resolution at the June 8 , 2009 Town Board-meeting to proceed with preparation of bidding materials in regards to the work to be performed on the Water Storage Tank Rehabilitation project. The work proposed under this contract consists mainly of the removal and disposal of the existing interior and exterior tank coatings (exterior coating has been confirmed as lead based), repair of any areas where the steel may be thin or excessively pitted, priming and repainting of the tank, installation of a new ladder system, clearing and regrading the area around the tank. The engineer's estimate for this work is $445,000.00, which includes engineering (design plans and report for DCHD approval and bidding documents), legal rconstruction, inspection and contingencies. Please call me at (914) 475-5749 (cell) or(845)454-3411 Ext. 30 (office) to discuss this matter prior to the meeting. Very truly yours, F MORRIS ASSOCIATES Engineering Consultants, PLLC Y Engineer to the Town of WappJnger RJGlmet Cc: Albert P. Roberts, Town Attorney John C. Masterson, Town Clerk PAGGI,MARTIN&DEL BENE rr.P Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845--471-7898 RECEIVED 845-471-0905(FAX) February 13, 2001 FEB 14 2001 TOWN CLERK Dutchess County Health Department 387-391 Main Mall Poughkeepsie, New York 12601 Attention: Michael Caldwell, MD, MPH, Commissioner of Health Reference: Cider Mill Loop Tank Dear Dr. Caldwell: I am in receipt of your letter dated February 5th, 2001 regarding the Cider Mill Loop Water Tank, which feeds the Central Wappinger Water Improvement. I thank you for your prompt response in getting this letter to us. For you information, the Town Board adopted a Resolution declaring this emergency on February 12th, 2001. The schedule calls for construction of the tank as soon as possible. Site work will start during the early weeks in April, and the tank will be delivered to the site the first or second week in May, 2001. Construction will start at that time and should be completed toward the middle of July 2001. At that point in time, the filling of the tank and appropriate water quality testing will be done. The tank should be on line on or about August 1', 2001 . Please be advised that we are aware that plans and specifications will need to be submitted to your office for approval prior to any fabrication and/or erection of this tank. We will be working very closely with Dan O'Connor, P.E. of you staff in this matter. Again, thank you for your time and consideration in this matter. Very truly yours, eph E. Paggi, Jr., E. J EP:law cc: Hon. Constance 0. Smith, Supervisor Hon, Gloria Morse, Town Clerk Hon. Vincent Bettina, Councilman Albert P. Roberts, Esq. Hon. Joseph Paoloni, Councilman Michael Tremper Han. Joseph Ruggiero, Councilman Daniel O'Connor, P.E. Hon. Robert Valdati, Councilman Joseph E.Paggi,jr.,P.E. Ernst Alarm,Jr.,P.E.,L.S. Charles R De!Bene,jr_,PE_ y- -�, PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAQ C1 11JJ TO January 26, 2001 �O Dutchess County Health Department 387-391 Main Mall Poughkeepsie, New York 12601 Attention: Daniel O'Connor, P.E. Reference: Cider Mill Loop Water Storage Facility Central Wappinger Water Improvement Dear Mr. O'Connor: As you are aware, the Town of Wappinger has been given authorization to construct Water Improvement 99-2(R), which includes the construction of a new water storage facility at the Cider Mill Loop site. This would allow us to maintain system pressure and storage for the Central Wappinger Water Improvement while making the necessary internal repairs on the existing welded water storage facility. The existing tank is the sole water storage facility existing in that Improvement and most recently has been determined to be in dire need of repairs. I have enclosed a copy of an underwater inspection performed in January 2001 itemizing the deficiencies in the tank and the work that will be required to remediate them. It should be noted that the steel panels themselves are still of full thickness, but the welds have deteriorated over the years due to loss of interior coating. As you are also aware, this tank maintains system pressure in both the Hilltop and Rockingham sections of the Central Wappinger Water Improvement. The Rockingham Water Storage facility was taken out of service during the summer of 1999 as it was deemed not structurally sound. This water storage facility also provides flow and pressure to the Atlas water system in times of low pressure, and now feeds the Rawls Trailer Park located on Pye Lane. The underwater Inspection Report states that immediate attention is required for this tank, and in my opinion, that attention would be necessary prior to the summer months. The necessity of having a tank and/or a storage facility for the Central Wappinger Water Improvement during the summer is obvious, and to have the redundant tank constructed by this summer will require that we start to work on the project immediately. Joseph E.Paggi,Jr.,P.E. Emst Marcor,Jr.,P.E.,L.S. Charles R.AeI Bene,Jr.,P.E. Daniel O'Connor - 2 - January 26, 2001 RE: Cider Mill Loop I, therefore, ask that the Health Department declare a health emergency for the Central Wappinger Water Improvement that would allow us to begin the design and construction of this water storage facility right now. If the existing water storage facility fails in any given way and we would need to dewater the tank to internally repair it. Pressure, fire flow, and any storage reserve would be reduced to zero for the entire Central Wappinger Water Improvement. As you know, this Water Improvement serves about 10,000 people and is the major source of supply for the Town of Wappinger. It is, therefore, my opinion that the construction of this new tank is necessary. Any time that can be saved is critical. Would you kindly direct any correspondence regarding the above to Supervisor Constance 0. Smith at Town Hall and copy our office and Camo Pollution, operators of the water system. If there are any questions on the above or if further documentation is necessary, please do not hesitate to contact this office immediately. Ver truly yours, r oseph E. Paggi, J ., JEP:Iaw Enclosure: Underwater Solutions Inspection Report cc: Hon. Constance 0. Smith, w/o enclosure Hon. Vincent Bettina, Councilman w/o enclosure Hon. Joseph Paoloni, Councilman w/o enclosure Hon. Joseph Ruggiero, Councilman w/o enclosure Hon. Robert Valdati, Councilman w/o enclosure Hon. Gloria Morse w/o enclosure Michael Tremper w/o enclosure Albert P. Roberts, Esq. wlo enclosure PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7998 845-471-0905 (TAX) HECEWL . January 2, 2001 JAN 0 4 2001 Town of Wappinger ELAINE SNOWD"' P. 0. Box 324 1T)WN OVF"' Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Cider Mill Loop Water, Storage Facility Dear Supervisor Smith and Board Members: As per our letter of November 30, 2000, enclosed please find a proposal from Underwater Solutions, Inc. regarding a comprehensive inspection and report preparation for the Cider Mill Loop Water Storage Facility. As you are aware, this tank had experienced problems back in the summer of 1999 and is scheduled for total rehabilitation under the Proposed Wappinger Water Improvement 99- 2R. I think that it would be prudent to estimate that to obtain all final approvals for 99-211 and to design and construct the improvements will take approximately three years. Therefore, this report and evaluation should be conducted with that time frame in mind. I would ask that this proposal be considered at your January 8, 2001 and/or January 22, 2001 Board Meeting and some direction be given to our office. We will then contact Underwater Solutions, Inc, and advise them to complete the study as quickly as possible. Please note for the record, we have used Underwater Solutions, Inc. in the past for tank inspections with the Town of Wappinger and work that we do for the Village of Wappingers Falls also, and find that their work is done in a very professional manner. If you should have any questions or comments, please do not hesitate to contact this office. Very truly youKs-;- Joseph E. Paggi Jr., P.F. enclosure: Unerswater Solutions, Inc. Proposal & Letter, 12/21/00 cc: Hon. Vincent Bettina, Councilman w/encl. Hon, Joseph Paoloni, Councilman, w/encl. Hon. Joseph Ruggiero, Councilman w/encl. Hon. Robert VaIdati, Councilman w/encl. Town Clerk w/encl. Albert P. Roberts, Esq. w/encl. Michael Tremper, CAMO w/encl. Joseph F-Pagp,Jr.,RL:.L. Cliadrs RDel Beare, r.,P.E. 4, z D- ` NDSWATFA OLUTIONS x INC. December 21, 2000 Mr. Michael Trempe- Camo knlluti7r. Control,. bc. 1.910 Route 376 "'W appinger Ealli, NY 12590 pear Mike. I would like to thank you for your continued eonsideraticn of utilizing 'G`nderv:ater solutions Inc. fon' the in.Specti.O-n of the Rilltop 1-million 801on water storage tank.. As per your request, please find encll sed a ,proposal to conduct this insptak..n. If yoke have any quasticsas or would like: to schedule, this project, matact me at your earliest convenience. ,Sincerely, [JINDER'4TA.TER SOLUTIONS LNC_ 1 William T. Cornish_ Presi_demt - . 1AITC1jp Encics•�te AIU�CIGI� �l lifts 3"Ft� rdt"ES=�,�, t3o $ Mottapatsettt, M.A 02734 " Tel: 75"126 - pax: ( 08)7SS-6128 !mv ,Nt.r. Mic;bael TTem.per Cama pollution Contropl, 7n:. December 2 i, 2000 PROPOSAL EOR THE INSPECTI0,Y OF THE" HILLTOP X-11ILLION GALLON STEEL WATER STORAGE TANK CA1110 POLLUTION CO.IVT:PO.L, LLC. TVAPPINGER FALLSt NEW YORK F.FJZ ONNv, I GE4P. (2) Divers (0 Tende:, C.2 pie t � , -jaspection Dive Station (Ali gear sanitized and utilized oily in potabIr water.) 25 CFM Cotnpressox 300' Dive Rig Ladder Bailout Bottle EmF-geiacy Air . Volume Tank and filter CwtMunicat.io» Box 200 putt ChlorinSolution 35-mm Camera Manifold V ikiag Suit Suptt.Ute Helmet Miscellaneous Tools Cr+mpreltensive report arld corresponding 35-mmE photogrtlrhs to be submitted after completion of cork. C057.- While mobilized in the 'area: $2,900.00* i `All sites must be mair# fined to alloy a tzack and !miler m mobilize to within 25' of the tank, allo,N ac7CeS5 2sotu14 the Of the tank-, and. hint vocd, sosnd ladder access to she• rooftop. All entry hatches rni2st Fund=ov.. allowing interi)al access to each :ank knd ptrsonael must be available to identify ti sair i;catio,tEs. t *et.i.me 'd.i project is to he cot dirctetl, the water level Within slats .;trucx'are zn est be at a- as ciose to �rerla�v = possibic. WTCljp t ! ;nu PAI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) VIA FAX& MAIL: January 9, 2001 Camo Pollution Control 1610 Route 376 Wappingers Falls, New York 12590 Attention- Michael Tremper Reference: Cider Mill Loop Water Storage Facility Dear Mike: As a follow-up to our November 30'", 2000 and January 2"d. 2001 correspondence regarding the underwater inspection of the Cider Mill Loop Water Storage facility, the Town Board authorized the proposal sent in by Underwater Solutions, Inc. dated December 21', 2000 at the January 8th, 2001 Town Board meeting. The contract amount is $2,900.00, and we understand that it is contingent upon the contractor being mobilized in the area. Would you kindly contact Mr. Cornish and ask him what time period the test will be done. If there are any questions on the above, please do not hesitate to contact this office. Ver truly yours, , /joseph E. Paggi, J P. JEP:Iaw 4% 7 cc: Hon. Constance 0. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman JAN I Hon. Robert VaIdati, Councilman Gloria Morse, Town Clerk TOWN Albert P. Roberts, Esq. Joseph E'.Paggi,fir.,RE Ernst Nlartin,Jr.,RE_ LS. Charles R.Del Bene,Jr.,RE. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(F January 22, 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Cider Mill Loop Water Storage Facility Dear Supervisor Smith & Board members: As authorized, we have had an internal underwater inspection done on the existing water storage facility on Cider Mill Loop. As you are aware, this is a one million gallon tank which provides water storage and pressure for the Central Wappinger Water Improvement, including both the Hilltop and Rockingham sections. In the Summer of 1999, a leak developed in the tank and a subsequent internal inspection revealed that work.was necessary on the tank. As you are also aware, there is included in the Proposed Wappinger Water Improvement 99-2(R) line items to construct a redundant tank adjacent to this one, and to perform internal and external rehabilitative work on the existing tank. Enclosed, please find copies of the most recent underwater inspection performed. I have included black and white photos with your copies and approximately four (4) color reproduction pages of pertinent photos. The recent inspection revealed that immediate attention is needed for the tank. It would be my opinion, upon authorization of the Improvement by the New York State Comptroller's Office, that our office be given authority to construct the appropriate sized redundant water storage facility at the Cider Mill Loop site immediately. This would suspend all normal bidding requirements and be done under an emergency nature. I recommend that you verify the above with the Town Attorney, Al Roberts. If authorization is given to our office to proceed on or about February 15t'', 2001, it is my opinion that we could have the redundant tank complete and in service within 6 — 8 months. This would allow us to put the new tank in service and maintain constant pressure and storage capacity for the water improvement. That would also us to take the existing tank out of service and to do the repairs on it. Joseph E.I'aggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,P.E. Constance 0. Smith - 2 - _ January 22, 2001 Town Board RE: Cider Mill Loop Tank It should be noted that the repair work on the existing tank and all other work listed in the Map, Plan and Report would not be done under an emergency nature, but would be done following normal municipal requirements. If there are any questions on the above, please do not hesitate to contact this office. Very ly yours, rF seph E. Paggi, JEP:Iaw Enclosure cc: Hon. Vincent Bettina, Councilman w/enclosure Hon. Joseph Paoloni, Councilman w/enclosure Hon. Joseph Ruggiero, Councilman w/enclosure Hon. Robert Valdati, Councilman w/enclosure Hon. Gloria Morse w/enclosure Albert P. Roberts, Esq. w/enclosure Michael Tremper w/o enclosure PAGGI, MARTIN &DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) `f VIA FAX& MAIL: R July 23, 2001 Town Supervisor TOWN GL�RK Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith Reference: Wappinger Water Improvement 99-213 Cider Mill Loop Water Storage Facility Tank Rehabilitation/Painting Dear Supervisor Smith & Board Members: On July 20', 2001 at 11 :00 a.m., bids for the above referenced project were opened by Town Clerk, Gloria Morse. Bid results are as follows: 1. Benjamin Construction, Inc.: $ 108,000.00 2. Demco Enterprises: $ 123,000.00 3. United Eagle Painting, Corp.: $ 124,020.00 4. JNP Construction Corp. $ 147,460.00 5. Millstone Corporation: $ 159,021.00 We have reviewed the above bids and find them to be in order, and therefore, recommend that the bid be awarded to Benjamin Construction, Inc. in the amount of $108,000.00. If there are any questions on the above, please do not hesitate to contact this office. Ver ruly your , Joseph E. Paggi, Jr., P.E. JEP:Iaw cc: Town Board Demco Construction, Inc. Hon. Gloria Morse, Town Clerk United Eagle Painting Corp. Albert P. Roberts, Esq. JNP Construction Corp. Camo Pollution Control Millstone Corporation Benjamin Construction Joseph E.Paggi,Jr.,P.E. Ernst Martini,Jr.,P.E.,L.S. Charles R Del Bene,Jr.,P.E_ PAGGI, MARTIN &DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 [[�� 845-471-7898 845-471-0905 (FAX) R LJJ July 13, 2001 11]L 1 IWA TOwN Cl-F-Rv' Dutchess County Health Department 387-391 Main Mall Poughkeepsie, New York 12601 Attention: Daniel O'Connor, P.E. Reference: Wappinger Water Improvement 99-2(R) Cider Mill Loop Water Storage Facility No. 2 Dear Mr. O'Connor: Please accept this letter as construction compliance for the pipe section of the above referenced Contract. Enclosed please find copies of the pressure test results and bacteria test results. Please note that this certification is from the wet tap valve on the existing 10" pipe feeding Storage Facility No. 1 to the 16" butterfly valve, 5' outside the new storage tank No. 2. This will allow us to start filling the water storage facility and do the proper disinfection. Upon successful completion of that operation, we will send an actual construction compliance letter. Please note, that we will be starting to fill the new water storage facility on Monday, July 16th, 2001. If there are any questions or concerns, please do not hesitate to contact this office. Very ruly yours, i Joseph E. Paggi, Jr., P.E. ' JEP:Iaw Enclosure cc: Hon. Constance 0. Smith Town Board Hon. Gloria Morse, Town Clerk Dare Fitzpatrick Harold Buchner, Sun Up Enterprises Dick Gray, Northeast Aquastore Joseph E_Paggi,Jr.,P.E. Emst?Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,P-E. PRESSURE AND LEAKAGE TEST FORM 1099, 12", & 16"DUCTILE IRON WATER NWN PROJECT: TOWN OF WAPPINGER WATER IMPROVEMENTS 99-2R ENGINEER: PAGGI, MARTIN&DEL BENE,LLP 56 MAIN STREET POUGHKEEPSIE,NEW YORK 12601 CONTRACTOR: SUN UP ENTERPRISES,INC. 1607 ROUTE 376 WAPPINGERS FALLS NY 12590 Date: f - �' _ / Temperature: Weather: Test Location: 61 lP1:!5z-07'-CG °4---.2 Test: Pressure: 80 PSI NOTE: Add Water as Required to Maintain Within 5 PSI MAIN VALVES L= SDP%i + #Valves x 0.0078 Gal/Hour/In 133,200 L=Allowable Leakage,in gallon per hour S =Length of Pipe Tested,in Feet D=Nominal Diameter of Pipe, in inches P =Average Test Pressure(psi) Allowable Leakage=2 (Main+Valves)= '2,-s'-4 6Zr S Gallons (Over 2 Hours) TIME PRESSURE WATER ADDED z � Pay ,� Psi` �•s Cats � Amount of Leakage Observed �� Gallons , v-ti. i r2� TEST: PASSED FAILED DATE: 7-1p---)1 BY: TAE ABOVE DESCRIBED PRESSURE AND LEAGE TEST WAS CONDU UND THE SUPERVISION AND/OR OBSERVATION OF THE UNDERSIGNED IN CONFORMANCE WITH AWWA C600-93: ENGINEER CONT OR: SIGNED. SIGNED: DATE: 7��0/ DATE: -7- i 1 a r PRESSURE AND LEAKAGE TEST FORM 109, 12", & 16"DUCTILE IRON WATER MAIN PROJECT: TOWN OF WAPPINGER WATER IMPROVEMENTS 99-2R ENGINEER: PAGGI,MARTIN&DEL BENE,LLP 56 MAIN STREET POUGHKEEPSIE,NEW YORK 12601 CONTRACTOR: SUN UP ENTERPRISES,INC. 1607 ROUTE 376 WAPPINGERS FALLS NY 12590 Date: 7 e / Temperature: OSY" Weather: Test Location: 5'-P"c eG� Test: Pressure: 80 PSI NOTE: Add Water as Required to Maintain Within 5 PSI MAIN VALVES L= SDP'/z + #Valves x 0.0078 Gal/Houra 133,200 L=Allowable Leakage,in gallon per hour S =Length of Pipe Tested,in Feet D=Nominal Diameter of Pipe, in inches P =Average Test Pressure (psi) Allowable Leakage=2 (Main+Valves)= 2_" Qr5 Gallons (Over 2 Hours) TME PRESSURE WATER ADDED Amount of Leakage Observed 4 Gallons J TEST: PASSED FAILED DATE: 1;7-/0BY: THE ABOVE DESCRIBED PRESSURE AND LEAGE TEST WAS COND ER T.SUPERVISION AND/OR OBSERVATION OF THE UNDERSIGNED IN CONFORMANCE WITH AWWA C600-93: ENGINEER j7 CONTXC SIGNED: �Z SIGNED• DATE: l/ D DATE: l f 07/13/2001 15: 00 91423E3$1� PAGE 01 w� . .. . ENVIRONMENTAL LABWOFIKS3 INC. Eez 733.KbHbom,New Park 12542 (145)239j823 FAY(846)236-39547 ElAG f 4 3A24 1;tcuu,aSACTERiOLOOICAL EXAMINATION OF WATER PwsiCx ltt6sy OATS T90£W11E�CTED �A7� 3 UIEASi'SNEeJ 50URC OF WAS#Cq C� MMAEE0 i kECTlOK#Owl MEPHONE wr ,, [,fe_,74-wet pvauc SuPPY � FAIVATE su I I - - / }NdOh i_c1CATIONS OF WATER*OUACF.: XPO3RTTO BE MAILED M M f L L,.Uv 'To W a e_.s NIX;MI.A 2*0 7C7AAt5VllAbAfISst001d1 4TREATEST! AEMAR+SS ASSENT ' MCrwbb OP tYAMINATYJN PiA D #APN 0 MF 0 C APom w THESE ftMtLTS INDICATE.THATTHE WATERwill OF A SATISFACTORY SANITkRY QUALITY uv RESPECT TO 11M ABONE TEST, COLLECTED. UPORTEU BY DATE 7 L �CiG "F'f Fu7v f C 1 5� ark V ��Y PAGGI, MARTIN &DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) RECEIVED July 13, 2001 JUL 17 2001 Town Board Town of Wappinger TOWN CLERK P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance O. Smith, Supervisor Reference: Cider Mill Loop Water Storage Facility No. 2 Dear Supervisor Smith & Board Members: Enclosed please find the Operation & Maintenance Manual for the new tank constructed at Cider Mill Loop for your files. 1 am simultaneously sending a copy of this manual to Camo Pollution Control for use in their operation. There are some key items in this operation and maintenance manual, which will be helpful to Camo in the future. If there are any questions on the above, please do not hesitate to contact this office. ksphly yours E. Paggi, Jr., P. Enclosure cc: Town Board w/o enclosure Hon. Gloria Morse w/o enclosure Albert P. Roberts, Esq. w/o.enclosure Michael Tremper w/enclosure Joseph E.Paggi,Jr.,RE. Ernst Martin,Jr-,P.E.,L.S. Charles R.Del Bene,Jr.,P.E. PAGGI, MARTIN & DEL BEYE up Consulting Engineers &Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) March 9, 2001 VIA FAX& MAIL: Town Board RECEIVE Town of Wappinger P_0. Box 324 MAR 12 2001 Wappingers Falls, New York 12590 TOWS CLERK Attention: Constance 0. Smith, Supervisor Reference: Cider Mill Loop Water Storage Facilities Site Preparation/Piping Contract Dear Supervisor Smith & Board Members: On March 9', 2001 , 11:00 a.m., bids were received for the above referenced contract. The bid results are as follows: 1 . Sun Up Enterprises, Inc.: $ 65,000.00 2. B & D Excavating, Corp.: $ 121,788.00 3. RGH Construction, Inc.: $ 149,663.75 We have examined all the bids and find them to be in order. As there is a large discrepancy between the low and the second bidder, we contacted the low bidder to make sure that they had considered all the items that were to be considered in the bid. He responded that he had. Therefore, we would recommend that the bid be awarded to Sun Up Enterprises, Inc. in the amount of $65,000.00. If there are any questions on the above, please do not hesitate to contact this office. Ver my yours, Joseph E. Paggi, Jr., P. JEP:Iaw cc: Hon. Vincent Bettina, Councilman Michael Tremper Hon. Joseph Paoloni, Councilman Dare Fitzpatrick Hon. Joseph Ruggiero, Councilman Harold Buchner, Sun Up Enterprises Hon. Robert Valdati, Councilman B & D Excavating, Inc. Han. Gloria Morse, Town Clerk RGH Construction, Inc. Albert P. Roberts, Esq. .Joseph E.Paggi,Jr.;P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R Del Bene,Jr.,P.E. VERGII,LS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845)298-2000 GERALD A.VERGLL.IS* FAX(845)296-2842 LEGAL ASSISTANTS: KENNETH M.STENGER ALBERT P.ROBERTS e-mail:VSRP@BeslWeb.neT AMY E.DECARLO IRA A.PERGAMENT KRISTEN S.GUTFIRIE JOAN R GARRETr** POUGHKEEPSIE OFFICE THOMAS R.DAVIS 276 MAIN MAIL PHILIP GIAMPORTONE POUGHKEEPSIE,NY 12601 KAREN P.MACNISH (945)452-,1046 'ADMITI I TO PRAGTiCE 1N NY&NLA. ADDRESS REPLY TO:( )POUGHKEEPSIE ( )WAPPLNGERS "ADNff=TO PRACTICE IN NY&CONN. March 4, 2002 Town of Wappinger Attn: Jerry Terwilliger, Comptroller 20 Middlebush Road Wappingers Falls, New York 12590 Re.- Cider Mill Water Storage Tank Rehabilitation Contract Our File No. 12951.0443 Dear Jerry: Please be advised I am in receipt of a General Release executed by Cheryl Macri in favor of the Town of Wappinger for the sum of$50,000.00 with respect to the extra work done at the referenced water tank. This Release is exclusive of any retainage held on the above contract. Accordingly, payment of$50,000 is authorized to Benjamin Construction. I am forwarding the original General Release to Town Clerk Gloria Morse for filing in the appropriate folder. Very truly yours, VERGILIS, STENGER, ROBERTS, PERGAMENT & VIGLOTTI ALBERT P. ROBERTS APR/aew Enclosure Cv-NE1D cc: Hon. Joseph Ruggiero �E Jay Paggi Q �UO2 vioria Morse, Town Clerk (w/enclosure) MAR T0 wt4 CLERK 0ftViiAPPINGEITown Boardll-GerneralTB\3-04-02-Cider Wl.doc B t 1(] General reIgse by individual:11-98 Blumbwglixce lslor.Inc- PUBUSMR NYC loot 3 To all tII fuhu t #hicar Pre sionts shall rum or mug (gun Cern, nvfu that CHERYL MACRI, d/b/a Benjamin Construction, P.O. Box 754, Nassau, New York 12123 in consideration of the sum of Fifty Thousand Dollars ($50,000.00) as RELEASOR, received from Town of Wappinger, a Municipal Subdivision, with offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York 12590 as RELEASEE, receipt whereof is hereby acknowledged, releases and discharges the said Town, a Municipal Subdivision, with offices at Town Hall, 20 Middlebush Road, Wappingers Falls, New York the RELEASEE, RELEASEES heirs,executors, adminis- trators, successors and assigns from all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds,bills,specialties,covenants,contracts,controversies,agreements,promises,variances,trespasses,damages,judgments, extents, executions, claims, and demands whatsoever, in law, admiralty or equity, which against the RELEASEE, the RELEASOR, RELEASOR'S heirs, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may,have for,upon,or by reason of any matter,cause or thing whatsoever from the beginning of the world to the day of the date of this RELEASE. This Release is limited to all claims for extra work in connection with tle Cider Mill Water Storage Tank Rehabilitation Contract undertaken pursuant to Wappinger Water Improvement Area 1999-2(R) as set forth in the claim of Cheryl Macri, d/b/a Benjamin Consttuctioa, in the voucher dated December 11, 2001 and submitted by Cheryl Macri, d/b/a Benjzmin Construction, and for each and every cause of action, claim or accural arising therefrom. This Release does not discharge the Town of Wappinger for any amounts due and owing on the Retainage due and owing on the aforementioned Contract. The words"RELEASOR"and"RELEASEE"include_41I-°releasors and all releasees under this RELEASE. This RELEASE may not be changed orally. `t ,'In WitUft2i rhered, the RELEASOR has°hereunto set RELEASOR'S hand and seal on the day of ,�In pre"nre of __ L CHERYL MACRI, d/b/a Benjamin Construction SCSte Of New York, COIIRLy O f k,H S 3S. .'�k NOWLEDGMENT RPL309-a(Do not use outside New York State) On trik „ i�t, �- before me. te undersigned,peirsonally ap'p-eared personally known to me or proved to me on le basis sat actory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and-` �knowledged me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/thei sig ature(s) a ins ment, the individual(s), or the person upon behalf of which the in i dual(s) acted, a uted th ru e t. le'Ei' c.COUI IItYI* ;Notsry Pul3L State of�-i�ew Y9A Qualified in Reusselaey A --s Regigrrat 01 =0JCCA687]9 (sign u e d o tdivid taking acknowledgment) YCommissfon Expires iday.30,2 ' If the party making payment is not the same as the party released,delete words"as RELEASEE”and add names ofparties released after the word"discharges." VERGII.IS, STENGER, ROBERTs & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845) 298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER ALBERT P-ROBERTS a-mail:VSRP®BestWehAMY E.DECARLO .net IRA A.PERGAMENT KRISTEN S.GUTHRIE JOAN F.GARRETT" POUGHKEEPSIE OFFICE THOMAS R.DAMS 276 MAIN MALL PHILIP GIAMPORTONE POUGHKFEPSIE,NY 12601 KAREN P.MACNISH (845)452-IW 'ADNI T ED TO PRACTICE ADDRESS REPLY TO:( )P0UGT9CEEpSIE IN MY&FLA ( )WAPPINGER5 -ADMIrTW TO PRACTICE IN NY R CONN. February 1, 2002 Hon. Joseph Ruggiero, Supervisor Via Facsimile (297-4558) and Regular Mail Town of Wappinger 20 Middlebush Road Wappingers Falls,New York 12590 Re: Resolution: Authorizing Payment to Benjamin Construction File No. 18096.0028 Dear Joe: I enclose herewith the proposed Resolution authorizing payment to Benjamin Construction. It is my understanding that this is to be introduced at the next Town Board Meeting. Very truly yours, VER IS, STENGER, ROBERTS, PERGAMENT &VIGLOTTI ZLT P. ROBERTS APR/bg Enclosure Cc: Hon. Gloria Morse, Town Clerk ��G� Town Board File G FES- 0 42 SOWN CLF-RK 'i i j RESOLUTION NO. 2002 RESOLUTION TO AUTHORIZE PAYMENT TO BENJAMIN CONSTRUCTION, INC. The following resolution was introduced by Mr. Valdati and seconded by Mr. Bettina WHEREAS, the flown.Board wishes to resolve a dispute with Benjamin Construction, { Inc. over payment for additional work performed during the rehabilitation of the Cider Mill Water Taus:. NOW, THEREFORE, BE IT RESOLVED, that payment is approved in the amount of FiftyThousand Dollars $50 000.00 payable to Benjamin Construction Inc. for settlement of � � ) p y J the dispute over the payment for additional work performed in the rehabilitation of the Cider Mill Water Tank, from Account , pursuant to the recommendation letter dated i January 23, 2002 from Albert P. Roberts, Attorney to the Town of Wappinger, to the Town Board, BE IT FUTHER RESOLVED, that Albert P. Roberts, Attorney to the Town of aYP in er7 is hereby authorized and directed to prepare the necessary documentation for said Y settlement. The foregoing vas put to a vote which resulted as follows: IV JOSEPH RUGGIERO, Supervisor Voting Aye ROBERT L. VALDATI Councilman Votin g ?ye is VINCENT F. BE"T`TI A, Councilman Voting eye � Aye i JOSEPH P. PAOLONI, Councilman Voting �' i CHRISTOPHER J. COLSEY", Councilman Voting IIII O:MAPPINGETown Board\RESOL_UTION`wBenjarnin.doc it IJ Dated. Wappingers Falls, New York Fobruary 11 _, 2002 The Resolution is hereby d ly declared adopted. Gloria J. Morse, T w Clerk E , 3 - �!I I 1 Q:IWAPPINGE\Town BoardIRESOLUTIOMBenjamin.doc ill w VERGMS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845)298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER ALBERT F.ROBERTS e-mail.'VSRP@BestWeb.met AMY E.DECARLO IRA A.PERGAMENT KRISTEN S.GUTIMIE ANTONIA T.LUCIA POUGHKEEPSIE OFFICE JOAN F.Cr-RRL?TT** 276 MAIN MALL THOMAS R-DAVIS POUGHKEEPSIE,NY 12601 PHI-P GIAMPORTONE (845)452-1046 •ADM[1YED TO PRACTICE ADDRESS REPLY TO:I )FOUGHXEJ�pSffi IN NY&FLA. O WAFPINOFRS **ADMIT'T'ED TO PRACTICE IN NY do CONN PRIVILEGED AND CONFIDERTTL4L VIA FACSIMILE (297-4558) AND REGULAR MAIL January 23, 2002 Town Board Town of Wappinger 20 Middlebush Road RECEIVED Wappingers Falls,New York 12594 :SAN L A ��OZ Attention:" Hon. Joseph Ruggiero, Supervisor TOWN CLERK Re: 99-2(R) -Benjamin Construction, Inc. Rehabilitation of Cider Mill Water Tank File No. 16678.052 Dear Joe and Board.Members: As instructed, Jay Paggi and I met with-representatives of Benjamin Constriction(Cheryl Macri and Arlene Schcurer) to resolve the issues surrounding payment for additional work. The contractor originally submitted a voucher totaling$195,420.consisting of$108,000 for the base bid and$87,420 for additional work. Jay Paggi had approved the amount for the base bid but disagreed with the methodology used to calculate the additional work. The Contract paragraph in question was "Paragraph 8.0—Welding and/or Pit Filling": "The base bid shall be made assuming that 430 square inches (assumes 1.0 inch per linear foot) of horizontal welding/pit filling will need to be done ...". This was later clarified in an addendum from Jay's office which basically stated that a square inch of welding was equal to one linear foot. While the term"Pit Filling"was contained in the heading of VERGMIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845)298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNEM K STENGER ALBERT P.ROBERTS e-mm7:VSRP@BestWeb.net AMY E.DECARLO IRA A.PERGAMENT KRISTEN S.GUTHRIE ANTONIA T.LUCIA POUGH EEPSIE OFFICE JOAN F.GARREM* 276 MAIN THOMAS R DAVIS POUGHKEEPSIE,NY 12601 'PH 9.1P GIAMPORTONE (843)452-1006 •ADNEMED TO PRACTICE INNY&MA. ADDRESS REPLY To-{ )POUGEUMPME ••ADhffr ED TO PRACTICE ( )WAPPINGERS IN NY&CONN. VIA FACSIMILE (518-766-7054) AND REGULAR MAIL January 7, 2002 Benjamin Construction G� PO Bax 764 ��1 V � Nassau, New York 12123 Attention: Arlene Scheurer, Project Manager ,p,J3 a $29�Z RE: Water Improvement 1999-2(R) �OINN C1.-ERS Cider Mill Tank Rehabilitation (Painting) File No. 16678.052 Dear Ms. Scheurer: As per your faxed letter of January 3, 2002, I have scheduled a meeting for January 16, 2002 at Town Hall with Supervisor Joseph Ruggiero and Town Engineer Joseph E. Paggi, Jr. We would prefer the meeting to take place at 10:00 a.m. or 11:00 a.m. However,please advise if different time requirements are needed and we will do our best to accor2 m. odate you:schedule. I look for-%yard t6 meeting you and hopefully resolving this in an amicable fashion. Very truly yours, VERGILIS,,A.S_ -ER, ROBERTS & PERGAMENT ALBERT P. - OBERTS APR/alk- cc: PRlalkcc: Hon. Joseph Ruggiero, Supervisor (Via facsimile 297-4558 and Regular Mail) Hon. Gloria Morse, Town Clerk (Via facsimile 297-0145 and Regular Mail) Joseph E. Paggi, Jr., P.E. O:IWAPPNGE199-2R1BenjarlinCon!]anuary 4.doc N- - .�.� PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) RECEIVED January 7, 2002 .SAN 10 2002 Town Board TOWN CLERK Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Hon. Joseph Ruggiero, Supervisor Reference: Cider Mill Loop Existing Water Storage Facility Repainting Dear Supervisor Ruggiero & Board Members: As you know, the existing water storage facility on Cider Mill Loop has recently been completely rehabilitated and repainted. For the painting of the interior of the tank, an approved epoxy paint was used for that process. Upon completion of the painting, the tank was disinfected and filled. There were various tests run on the water as the tank was filled, including bacteriological and tests for organic compounds. The bacteriological tests came back successful, as the water was free of any contamination. The test for organic compounds was done and three (3) of the units.came back high. The reason the tank water was tested for these volatile organic compounds prior to being put back in use was that there needs to be consideration for these extractable contaminants when putting a freshly painted tank back into service. Typically, upon first fill of this tank the volatile organic compounds {VOCO levels may range between 10-50 parts per billion. This is consistent with the results we received upon doing the test. New York State levels for these contaminants are 5 parts per billion. Our results range from 8 — 28. Federal regulations for these contaminants are 10,000 parts per billion. Therefore, utilizing the federal numbers. we are considerably under, but utilizing the State numbers we are marginally over. As this is New York, we must comply with New York regulations, therefore, we could not put the tank into service. The main item that goes into releasing these volatiles from the newly painted tank is temperature. As the temperature this time of year is rather low the volatile are not being released too quickly. Joseph E.Paggi,Jr.,P.E. Ernsr Martin,Jr.,P.E.,L.S. Gharies R Del Bene,Jr.,P.E. Hon. Joseph Ruggiero - 2 - January 7, 2002 Town Board RE: Cider Mill Loop Tank It is my recommendation that this tank be kept off line until the warmer months of the Spring and Summer when the volatiles will be able to be released more readily, and at that time fill and bring the tank into service. It should also be known that the newly constructed adjacent tank is in service and has been providing storage and pressure for the Central, Wappinger Water Improvement. The size of the new tank is approximately 75% of the average daily use for the District. Typically, we like to have a complete day storage for facilities of this size. I have run this by Dan O'Connor of the Dutchess County Health Department and he has indicated to me that having this type of storage for the next 4-5 months should not pose any problems in the operation of the system. I have also asked Mike Tremper of the Camo Pollution Control if this could pose any problems. His, response was that except in the instance of a catastrophic fire and/or prolonged power outage, that it should not pose a problem. Therefore, we will be keeping this tank out of service until the warmer months, allowing the tank to cure at the higher air temperatures, filling the water, doing the proper testing, and placing it back in service. We will keep you updated as to the progress of this work when, it occurs. If there are any questions or comments, please do not hesitate to contact me at the office. V� Jruly yours, iseph E. Paggi, Jr., P. JEP:Iaw cc: Town Board: File Hon: ,Moria Morse Albert P. Roberts; Esq. Michael Tremper Daniel O'Connor, P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) VIA FAX&MM1'L: December 26, 2001 Benjamin Construction Box 764 Nassau, New York 12123 Attention: Cheryl Macri Reference: Cider Mill Loop Dear Ms. Macri: I am in receipt of your December 22nd, 2001 fax to this office. Please note that on December 18a' 200 1, I recommended to Gerald Terwilliger, Town Comptroller for the Town of Wappinger,that the base bid minus the 3% retainage be paid to your firm. This amount for your records is $104,760.00. If this is not the intent of your Decembers 22nd, 2001 letter, please let me know. Also, I asked that you respond to Mr. Roberts' letter and our letter requesting a meeting to discuss the additional welding item. If there are any questions, please do not hesitate to contact me. � I Very truly yours, � � r Joseph E. Paggi, Jr., P JEP:law cc. Hon. Constance O. Smith, Supervisor Town Board Hon. Gloria Morse Gerald Terwilliger Albert P. Roberts,Esq. 7 2�4t TOWN CLE.FtK Joseph E.Paggi,Jr,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R.Del Bene,Jr.,P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) VIA FAX& MA : December 7, 2001 Vergilis, Stenger, Roberts & Pergament 1136 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. Reference: Cider Mill Loop Water Storage Tank Rehabilitation Dear Al: I am in receipt of a letter from Benjamin Construction (copy enclosed) stating that they differ with our understanding of the work performed at the above referenced tank. I would ask that a meeting be held with your office as soon as possible to determine the best course of action to take. I am available on Monday, December 10'', 2001, and would ask that you advise me at what time this meeting can take place. After that we can arrange a meeting with the Town and Benjamin Construction's attorney as requested in the fourth paragraph of the enclosed letter. Please contact this office as to what time might be best Monday. Ver truly yours, Joseph E. Paggi, Jr., P.E. ��Cr JEP:law d;' Enclosure � i . cc: Constance 0. Smith, Supervisor 70W 0�1 Town Board CL �?� Hon. Gloria Morse Joseph E.Paggi Jr.,PE. Ernst Martin,Jr.,RE;,L.S. Charles R Del Bene,Jr.,P.E. } Bjai enmn CO)IS(rilction Paggi , Martin & DelBene 56 Main Street Poughkeepsie, New York 12601 December. 7 , 2001 Re : Town of Wappinger Rehab/Repaint water tank Cider Mill Loop Att : Joseph Paggi PE Dear Joseph Paggi , I am in receipt of your letter dated December 3 , 2001 , and it is my understanding by reading its content , that you are unwilling to pay for work performed . I find that your reflected calculations are unacceptable and a gross shortfall for work that was performed under this contract . Please stand corrected , with reference to item #2 of your letter, that I did not submit an invoice for 2 , 914 feet , I submitted an invoice , under item 1000 for additional horizontal/vertical welding/pit filling, unit bid price to be paid as square inch, under the contract terms . Kindly arrange for your meeting with The Town of Wappinger , and its representatives , and I will contact my attorney for his attendance . Please be informed that any and all legal fees incurred or damages suffered by Benjamin, as a result of non-payment of monies owed will be assigned to all responsible parties , in addition to ten percent interest charge on all unpaid monies . Respectfully, Cheryl Macri Box 764 , Nassaii, New York , 12123 (518-766-9424) 0-100 cc : Hon. Constance Smith Hon Gloria Morse Albert Roberts , Esq. file ........... ................. ............ Benjainin C'nrl,s1rlrc�ir7�r I Paggi ► Martin & DelSene 56 Main stre4 Poughkeepsio, 'New York 12601 Dorembor 7, 2001 Re: Town of Wappinger Rehab/Reaint water tank Cider Mil Loop Att : Joseph > aggi PE I Dear Joseph Pfggi , I am in receipt of your letter dated Dei^Pnk-)er 7 p 2.001 , and $t is my undorstanding by reasdinq its cnnk-Pnl. , thatlyou are unwilling to pay for work perfor.mprl . T f3 d that your reflected calcui;lit.innr, are unac eptable and a gross short.tnll for work that was 5erformpil under this contract. Plod a Stand corroctod, with rofvrcnCe to i t:pm 42 of ypur letter, that I did not submit a73 i.nvoi (,r. for 2, 924 Feet, I submitt.Prt an i nvo i rre , under item 100C for additional hori7,nnral/vertical welding/pit filling , unit. hid prirp to be pair as square Lnch, tinder thp. r.nntrart term:}_ i rind y arrange for your meeting with The Town of W ppinger, and its repr. pscrntatives , and I will' contact my attorney fnr his atten6;9nr7o— pleaa be informed that any and all legal fees ince rQd or damages suffe.rPd 'hY Henjamin , as a resu t of non-paympnr. of monipq n'Wed will bP a6ai ned to all responsihie parties , in addition to tin perccnt interest charge on all unpaid monies . Respectfully, Cheryl Macri 13px 764 . Na.sScrrr Ne+{r York, 12 i23 (SJN-7(,fi.9.124 cc: Bon . Constance Sm!Lb Hon Glur' is Morse nlhart. R bert.s, Rsq. file I I PAGGI,MARTIN&DEL BENE LLp Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471--7898 845-471-0905(FAX) December 3, 2001 Benjamin Construction Box 764 Nassau, New York 12123 Attention: Cheryl Marci Reference: Cider Mill Loop/Town of Wappinger Tank Rehabilitation/Painting Dear Ms. Macri: I am in receipt of your November 26"', 2001 correspondence, invoice and schedule of values shoat. I have reviewed the same and advise the following: 1. The tank work as specified is complete, and therefore, the lump sum bid of $108,000-00 is due. Please note that prior to our office advising the Town to pay this invoice, we will need a certified payroll(s) for all work done to date so that we can verify compliance with the wage rates. Upon receipt, review, and approval of the certified payroll, and upon receipt of a Town of Wappinger voucher (copy enclosed), we will make a recommendation for approval of payment from the Town. Please note, that the Town will hold a 3% retainage from final completion for a period of one year. Therefore, the amount vouchered should reflect that retainage. 2. With respect to the additional footage of welding and pit filling requested, we have compared the number you submitted (2,914 feet) with our measured and field verified numbers and find that they are different. Our number is 476 feet. This includes the additional horizontal welding on the walls, the additional pit welding on the walls, the additional pit filling on the walls, the lap wells on the floor, the pit welding on the floor, and the pit filling on the floor. I would recommend that you contact our office so we can arrange a mutually convenient time to discuss this matter. If there are any questions or comments, please do not hesitate to contact this office. Ve truly yours, � �t 6 Joseph E. Paggi, Jr., P.E. RECEIVED`Gi G�C D JEP.Iaw G Enclosure LET- 0 6 '2001 cc: Hon. Constance O. Smith w/o enclosure Town Board w/o enclosure TOWN CLERK Albert P. Roberts, Esq, w/o enclosure Hon. Gloria Morse, w/o enclosure Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,EE.,L.S. Charles$.Del Bene,Jr.,P.E. sU"i PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAQ VIA FAX& MAIL: October 31, 2001 Benjamin Construction P.O. box 764 Nassau, New York 12312 Attention: Cheryl Macri Reference: Cider Mill Loop Water Storage Facility Tank Rehabilitation/Painting Dear Ms. Macri: As of today's date, we have yet to receive a response to our October 17"h, 2001 correspondence in regards to setting up a meeting to discuss the extra welding performed on the above referenced tank. Please contact this office upon receipt of this letter to schedule a meeting to discuss said subject. Thank you. Ve truly yours, ✓Joseph E. Paggi, Jr., P.E. JEP:law cc: Hon. Constance 0. Smith, Supervisor Town Board Hon. Gloria Morse Albert P. Roberts, Esq. 1004 OLER� Joseph E.Paggi,Jr.,P.E. Ernst MArtin,Jr.,P.E.,L.S. Charles A.Dei Bene,Jr.,P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905(FAX) VIA FAX & MAIL: October 17, 2001 Benjamin Construction P.O. Box 764 Nassau, New York 12312 Attention: Cheryl Macri Reference: Cider Mill Loop Water Storage Facility Tank Rehabilitation/Painting Dear Ms. Macri: As you are aware, the welding on the tank has been completed, As some of the welding work that was done on the tank was not called for and will be considered extra work, I think it appropriate that we sit done and go over the amount of work that has been done, and identify what is to be considered additional. Please contact me at your earliest convenience to arrange a time where we can have this meeting. Very ruly yoursPate Joseph E. Paggi, Jr., P.E. JEP:law cc: Han. Constance 0. Smith, Supervisor Town Board 1-4ECENF—[) Hon. Gloria Morse Albert P. Roberts, Esq. A 9 4� TOWN GLER Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,PE.,L.S. Charles R.Del Dene,Jr,P.E. :25 , PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) October 12, 2001 Town Board Town of Wappinger p� P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervl,isor i Reference: E isting Cider Mill Loop Water Storage Facility Tank Rehabilitation Dear Supervisor Smith & Board Members: At approximately 1:30 p.m. on Friday, October 12'. 2001, my site inspector on the above referenced project called me to inform me that the floor of the existing tank has been sandblasted. After the sandbl sting operation, it revealed that there were significant failures of the welds in the lap joints between the steel plates that form the floor. There was also considerable 'pitting' in the floor that was not previously evident. It should be noted that during the underlwater inspections these conditions were not known due to the sediment that was located on the floor at that time. I instructed my inspector to make sure that the necessary welding that needed to be done was done to insure the integrity of the floor. It should be noted that the Town has owned and operated this tank for the last thirty years, and that during that time there has been no rehabilitative work done to the interior of this tank. The original contract for this rehabilitative work was signed in the amount of $108,000-00 with a contingency amount for welding in the contract for $4,500.00. Due to the increased welding that was required in the horizontal joints and the tank side plates (see my letter of October 10f"', 2001) and now the additional welding necessary on the flow, this amount will need to be increased. As the overall structure integrity of the tank is good and the fact that the Town has enjoyed the benefit of this tank for the last thirty years without the benefit of any rehabilitative work, I would think that these amount are prudent and advisable expenditures at this point in time. Joseph E.Paggi,Jr.,P.E. Ernst Matin,Jr.,P.E,LS. Charles R Del Bene,Jr.,P.E. Constance 0. Smith - 2 - October 12, 2001 Town Board RE: Cider Mill Loop Water Storage I am transmitting this letter to the Board as quickly as possible, and ask that if any Board Member has any questions, please do not hesitate to contact me at the office and I will give you more specific information. As we complete the necessary welding, we will know the total cost, and I will inform the Board immediately of those numbers. Again, please do not hesitate to call me if there are any questions. V8747uly yours, Joseph E. Paggi, Jr., JEP:Iaw cc: Town Board Albert P. Roberts, Esq. Hon. Gloria Morse, Town Clerk PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 1.2601 845-471-7898 845-471-0905 (PA30 October 10, 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Cider Mill Loop Water Storage Facility Existing Tank Rehabilitation Dear Supervisor Smith & Board Members: As the welding has proceeded on the rehabilitation portion of the above referenced project, we have found that there are additional areas that need attention. These areas are primarily areas in the panels that have 'pitted' over the years. We are keeping track on measurements and time spent on these areas, and will inform the Board of the amount as we are made aware. This letter is being sent for informational purposes, and we will follow-up with further numbers as soon as we know them. If there are any questions, please do not hesitate to contact me. Ver my yours, Joseph E. Paggi, JEP:Iaw cc: Town Board Hon. Gloria Morse Albert P. Roberts, Esq. RECEIVED '1_'T 12.20991 TOWN CLERK Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S. Charles R Del Bene,Jr.,P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) September 12, 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: CWWIA Storage Tank Rehabilitation Dear Supervisor Smith & Board Members: 1 am in receipt of a September 6"', 2001 memo from Michael Tremper of Camo Pollution Control regarding the above referenced project. In this memo it is stated that the existing tank will be out of service for approximately thirty (30) days for rehabilitation work. Please be advised that the tank will be out of service for approximately seventy (70) days not 30 days. If there are any questions on the above, please do not hesitate to contact this office. Very truly yours Joseph E. Paggi, Jr., P.E. JEP:Iaw cc: Town Board Michael Tremper Albert P. Roberts, Esq. RECEIVED SEP 14 2001 TOWN CLERK Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr.,PE.,L.S. Charles R.Del Bene,Jr.,P.E. PAGGI,MARTIN&DEL BENE LLP Consulting Engineers & Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) September 12,2001 VIA FAX&MAIL: Benjamin Construction Box 764 Nassau,New York 12123 Attention: Cheryl Marci Reference: Cider Mill Loop Water Storage Facility Tank Rehabilitation/Painting Dear Ms.Macri: Attached please find the Notice to Proceed dated September 12:; 2001 for the above referenced project. Pursuant to the provisions of the specifications for this project, you are responsible for submitting the following information prior to the commencement of construction activities: 1. Minority&Women's Business Work Plan as outlined on Page M/WBE-1 through M/WBE-7 of the Specifications. 2. Construction Schedule and Schedule of Values. 3. List of Emergency Telephone Numbers. Any questions or comments can be addressed to this office. Thank you for your cooperation in this matter. M :7�11 - _ Charles R Del Bene, Jr.,P.E. CRD:law Enclosure cc: Hon. Constance O. Smith, Supervisor w/enclosure Hon.Vincent Bettina,Councilman w/enclosure Hon. Joseph Paoloni, Councilman w/enclosure RECEIVED Hon.Joseph Ruggiero,Councilman w/enclosure Hon.Robert Valdati, Councilman w/enclosure Hon. Gloria Morse w/enclosure SEP 14 2001 Michael Tremper w/enclosure Albert P.Roberts.,Esq.w/enclosure TOWN CLERK Joseph E.Paggi,Jr.,P.E. Ernst Martin,Jr_,P.E.,L.S. Charles R Del Bene,Jr.,P.E. NOTICE TO PROCEED DATE: September 12, 2001 TO: Benjamin Construction (BIDDER) OWNER'S PROJECT NO.: 99-2(R)(4) PROJECT NAME: CIDER MILL LOOP WATER STORAGE FACILITY TANK REHABILITATION/PAINTING TOWN OF WAPPINGER CONTRACT FOR: FURNISHING ALL LABOR,EQUIPMENT AND MATERIALS FOR WMRIOR/EXTERIOR STRIPPING,WELDING,INTERIOR COATING/EXTERIOR PAINTING ON THE EXISTING WATER STORAGE TANK_ YOU ARE NOTIFIED THAT THE CONTRACT TIME UNDER TEE ABOVE CONTRACT WILL COMMENCE TO RUN ON September 12, 2001 . BY THAT DATE, YOU ARE TO START PERFORMING THE WORK AND YOUR OBLIGATIONS UNDER THE CONTRACT DOCUMENTS. THE DATES OF SUBSTANTIAL COMPLETION AND FINAL COMPLETION ARE SET FORTH IN THE INFORMATION TO BIDDERS; THEYARE November 19, 2001 AND November 19, 2001 ,RESPECTIVELY. TOWN OF WAPPINGER(OWNER) BY: (AUTHORIZED SIGNATURE Engineer to Town (TITLE) RECEIVED NTP-1 SEP _14 2001 TOWN CLERK i MARTIN CONSULTING 1 LAND SURVEYORS 56 MAIN STREET POUGHKEEPSIE,NEWYORKF (845)471-7898/Fax(845) I ' I Fax Memo To: Benjamin Construction cc: Hon.Constance O.Smith,Supervisor Hon. Gloria Morse,Town Clerk Albert P.Roberts,Esq. From: Charles R. Del Bene, Jr., P.E. Date; September 4"', 2001 Re: Cider Mill Loop Water Storage Facility,Tank Rehabilitation/Painting On August 31't,2001,this office Express Mailed the Contracts for the above referenced project to your office. Upon receipt,we would please ask that you sign and notarize the document where indicated. In speaking with Arlene Scheurer of your office, she informed us that she will be hand delivering the signed Contracts to the Town of Wappinger, Town Hall on Thursday, September 6t', 2001 at 10:00 a.m.for signature by the Town Supervisor. Please contact this office to confirm. Charles R. Dei Bene, Jr., P-9V CRD:Iaw R K WN CHER 0 Page 1 PAGGi, MARTLN & DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (FAX) RECEIVED March 15, 2001 FEDEX: Pyr, 2001 Northeast Aquastore, Inc. TOWN CLERK 525 Memorial Parkway Philipsburg, New Jersey 08865 Attention: Richard J. Zechinno, Secretary/Treasurer Reference: Cider Mill Loop Water Storage Facility Site Preparation/Piping Dear Rick: I am in receipt of fax from Dick Gray dated March 13th, 2001 regarding the above referenced tank. Please be advised that I had attached a copy of this fax to the engineering drawings coversheet, and please acknowledge that the fax clarifies the items listed as No. 2, 3, 4, 5, and 6 on Page 1 of the submittal. All other notes on the submitted drawings shall stand. I have enclosed two (2) copies of the agreement for your records. Please note that I have referenced that the drawings are "As Per Approved Shop Drawings". As you also are aware, time if of the essence on this project so anything that can be done to expedite the process would be helpful. If there is anything that this office can do or any other information is required, please do not hesitate to contact me. If there are any questions on the above, please do not hesitate to contact this office. Verouly yours, Joseph E. Paggi, J . JEP:Iaw Enclosure: (2) Agreement/Shop Drawings cc: Hon. Constance O. Smith, Supervisor Town Board Michael Tremper Albert P. Roberts, Esq. Hon. Gloria Morse, Town Clerk Joseph.E.Pagi,Jr.,P.E. Ernst Martin,Jr.,P.E.,L.S- CharIes R.Del Bene,Jr_,P.E. PAGGI, MARTIN &DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845471-7898 845-471-0905 (FAX) �� March 13, 2001 MAR 5 zoo' Sun Up Enterprises, Inc. 1607 Route 376 TpWN CLERK Wappingers Falls, New York 12590 Attention: Harold Buchner Reference: Cider Mill Loop Water Storage Facility Tank Site Preparation/Piping Contract Dear Mr. Buchner: At the March 12', 2001, Town Board meeting, you firm was awarded the above referenced Contract in the amount of $65,000.00. Please accept this letter as Notice to Proceed. As per the Contract Specifications and the Pre-Bid meeting, time is of the essence. All necessary materials, pipe, fittings, etc. should be ordered to make sure that when they need to be incorporated into the project they are readily at hand. We will be contacting you in the near future to arrange a site inspection with the tank Contractor to coordinate all efforts. As also stated in the bid Specifications, the work is expected to start on April 2', 2001 . If the weather cooperates, we hopefully can get out there a little sooner to get some of the erosion control measures and preliminary demolition work started. If there are any questions on the above, or any other items regarding the project, please do not hesitate to contact me so that they can be straightened out. Completion of the work of this Contract on time is rather important, as the construction of this tank is critical for the successful operation of our water district. Very my yours, Joseph gi, Jr., JEP:Iaw cc: Constance 0. Smith, Supervisor Town Board Hon. Gloria Morse, Town Clerk Albert P. Roberts, Esq. Dick Gray, Northeast Aquastore Daniel O'Connor, P.E. Dare Fitzpatrick 3oseph E.Paggi,Jr.,PE. Ernst Martin,Jr.,1?E.,L.S. Charles R Del Bene;Jr.,P.E. PAGGI, MARTIN &DEL BENE LLP Consulting Engineers&Land Surveyors 56 Main Street Poughkeepsie,New York 12601 845-471-7898 845-471-0905 (TAX) March 12, 2001 Dutchess County Health Department 387-391 Main Mall Poughkeepsie, New York 12609 Attention: Daniel O'Connor, P.E. Reference: Cider Mill Loop Water Storage Facility/Tank No. 2/Town of Wappinger Wappinger Water Improvement 99-2(R) Dear Mr. O'Connor: In response to our office meeting of March 12", 2001, enclosed please find the following: 1 . Two (2) packages of plans, specifications, design calculations, etc. from Northeast Aquastore regarding the 50' diameter water storage facility for the Cider Mill Loop tank site. 2. One (1) set of AWWA and Ten State Standards for bolted water storage facilities. 3. One (1) copy of the Negative Declaration adopted by the Town Board regarding this project. 4. One (1) copy of GEN296. 5. A check for $140.00. If there are any questions regarding the above, please do not hesitate to contact this office. Very ly yours, Joseph E. Paggi, Jr., P.E. JEP:law C� Enclosure cFjv G cc: Hon. Constance 0. Smith, Supervisor G Hon. Vincent Bettina, Councilman MAR Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman TOWN CLERK Hon. Gloria Morse, Town Clerk Albert P. Roberts, Esq. Michael Tremper Dick Gray, Northeast Aquastore Joseph E.Paggi,Jr.,P_E. Ernst Martin,Jr.,PE..,L.S. Maries R.Del Bene;Jr.,P.E. P AGGI, NURTLN & DEL BENE LLP Consulting Engineers &Lctnd Su -veyors 56 Main Streer Poughkeepsie, New York 12601. 845-411-7598 S45-471-0905 (FAY) February 28, 2001 RECe fi pr) Dutchess County Health Department 387-351 Main Mall TOWN Poughkeepsie, New York 12601 CLERK Attention: Daniel O'Connor, P.E. Reference: Cider Mill Loop Water Storage Facility Dear Dan: Enclosed please find a bid package for the site preparation/piping contract for the above referenced tank construction. As you can see, all work is being done in accordance with approved specifications and our inspection. We will be sending you a as-built drawing upon completion. Also keep in mind that the plans and specifications for the tank itself will be sent to you for approval prior to erection. We will be hilighting the appropriate sections of AWWA compliance in our tank submittal to facilitate your review. If there are any questions on the above, please do not hesitate to contact this office. Very truly yours, ,--Joseph E. Paggi, Jr., P. J EP:law Enclosure: Bid Package w/plans Unilock Durahold Specifications Contractor Pre-Bid Meeting Letter Mueller Co. Butterfly Valve Specification cc: Hon. Constance o. Smith w/o enclosure Han. Vincent Bettina w/o enclosure Hon. Joseph Paoloni w/o enclosure Hon. Joseph Ruggiero w/o enclosure Hon. Robert Valdati w/o enclosure Hon. Gloria Morse w/o enclosure .Joseph L.Paggi,Jr_,R.E. F=J;Iarrin..Jr..I'E..L.S. CUaries R.Dei Bene.Jr..P.L. - PAGGI, MARTIN & DEL BENE LLP Consulting Engineers&Land SuJt;eyors 56 Main Street Poughkeepsie,New York 12'601 845-471-7898 RECEIVED 845-=171-0905 (h11X) VIA FAX& MAIL: MAR 0 2 2001 February 28, 2001 TOWN CLERK Sun Up Enterprises, Inc. 1607 Route 376 Wappingers Falls, New York 12590 Reference: Cider Mill Loop Water Storage Facility Site Preparation / Piping Contract Dear Contractor: At the Pre-Bid Meeting of February 27th, 2001 , where the following items were discussed, we have determined the following. 1 . All 16" valves shall be butterfly valves in accordance with AWWA C504. 1 have enclosed a copy of the specification based on the Mueller Co. valve. We would recommend using this specification. 2. The tee-valve, piping, cap, etc. shown to be constructed to the future tank shall be 12" in size. This valve shall be a resilient wedge gate valve. 3. All 10" valves proposed shall be resilient wedge gate valve. 4. The hydrant shown on the existing 10" transite line leading to the existing water storage facility shall be constructed on a 6" spur of sufficient length to get it out of the travel way. 5. The curtain drain and overflow pipe shown to be constructed in a dual mode could be connected into one if there is a precast concrete catch basin constructed at a junction point in between the two water storage facilities. The 12" pipe leading to the existing catch basin could be ADSN- 12 and/or PVC SDR35 properly bedded and backfilled. 6. The line stop and the valve shown to be cut in on the existing 10" transite pipe is shown in reverse. The line stop shall not be on the tank side of the hydrant as shown, but the valve shall be. 7. The 4'- 3/4" stone curtain drain shown around the exterior of the new tank will probably be better constructed upon completion of the tank, itself. The placement of the stone drain prior to the footing excavation might add difficulties to that part of the operation. Joseph E. Pn4I,.Jr,P.E. Ernst Varrin..Jr..P.E..L.S. CharIes R.Del Bene_.Ir..P.E. Sun Up Enterprises - 2 - February 28, 2001 RE: Cider Mill Loop Tank Water Storage Site Preparation/Piping 8. The existing fencing/gate at the entryway to the site could be removed allowing wider access; the pine tree on the east side of the gate could be removed; and at the end of daily work orange construction fence could be spread across the opening. If there are any questions on the above, or if further clarification is needed on any of the items discussed at the pre-bid meeting, please do not hesitate to contact this office. We will be looking for bids to be received at our office no later than 11 :00 a.m. on March 9', 2001 . Again, if you do not intend to submit a bid, please contact this office so I will know what the status is. Thank you for your consideration in this matter. VerytFuly yo�xls c Joseph E. Paggi, Jr., P.E. JEP:Iaw Enclosure: Butterfly Valve Specification cc: Han. Constance 0. Smith, Supervisor w/enclosure Hon. Vincent Bettina, Councilman wlenclosure Hon. Joseph Paoloni, Councilman wlenclosure Hon. Joseph Ruggiero, Councilman wlenclosure Hon. Robert Valdati, Councilman wlenclosure Hon. Gloria Morse, Town Clerk wlenclosure Albert P. Roberts, Esq. wlenclosure Michael Tremper wlenclosure Dare Fitzpatrick wlenclosure Daniel O'Connor, P.E. wlenclosure NOTE: Said letter was sent ONLY to the contractors who attended the Pre--Bid meeting. They are as follows: 'Sun Up Enterprises °B & D Excavating 'Ben Ciccone, Inc. °RGH Contracting Iiiji LA 0 All butterfv valves shall be M=ufaeturM in accor(W=with the latest revirion of AWWA 0504 for Mats 15013 serr=.UW cvrnpr y with the following details: • Valve Bodies"I be constructed of cast.iron ASTM A-126 Class 13 and OMfotm to AWWA CS 04 in terms of laying lrngtkt and rainimurn body shell thiclutess. &W connwions shall be as spocifw on the phw. • Yadve Discs shall also be made from cant irm ASTM A-126 Class B(3"-20")or ASTM A- 48 C Ws 40(24"). Disc shall be furnished with 31 d sminless steel seating edge to urate with the rubber sant on the body. • Valve Seat shall. be Bun&-N rubber tooted on the valve body. In sixes 20"and smidler,valves shall!save bonded!Teats tit meet test procedures out1wed w ASTM 8429 Method B • Valve Shafts s4ll be stainless steal cmforming to ASTM A-276 Type 344 Shaft seals shall be standard self-adjusting chevron"V"typo packing Shaft xals shalt be of a design allowing replac�without rowvN the valve shaft. • Valva Bearings shall be sleeve type that tiro corrosion rtlis'tAnt and self-lubrica>ru*. Beat�g laud shall not exceed 1/5 of the compressive-rtrenWth of the materW- • Valvar Actuators shall be filly grease packed and have stops in the apenlelose position The actuator shall hive a numhatucai stop wtsich will vnithstirxl ars input torque of 450 it,lbs- "Mut ut the stop. The traveling nut shelf engage alis Snag gtrooves U1 the MSing. • The Valve Interior and Exterior Surfaces except for s-,ab tg shall be coatcd with two coats of asphalt vunish in accordance with TT-C4944k=d AWWA C544. Vslves stall be Mueller Lineseal 1112 ��a._3.<I e� s� PAGGI, MARTIN &DEL BENE LLP Consulting Engineers&Land,Surveyors 56 Main Street Poughkeepsie;New York 12601 845-471-7898 545-471-0905 (F1�X) February 28, 2001 Town Board Town of Wappinger P.O. Box 324 Wappingers Falls, New York 12590 Attention: Constance 0. Smith, Supervisor Reference: Cider Mill Loop Water Storage Facility Dear Supervisor Smith & Board Members: As requested by Councilperson Joseph Paoloni at the February 12" 2001 Town Board meeting, enclosed please find a comparative cash flow analysis comparing maintaining the existing tank with the appropriate rehabilitation and maintenance every five (5) years and the construction of a new tank and the minor maintenance associated with that. The comparative cash flow analysis that is included as an attachment to this letter was prepared by Sal Pennini of Public Finance Associates, Inc. As you can see, the present value of maintaining the existing tank is approximately $180,000.00 while the present value of constructing a new tank is $485,000.00. We will be proceeding along the lines originally planned of doing a complete rehabilitation of the existing tank. If there are any questions on the above, please do not hesitate to contact this office. Veryly yours, Qs>aph E. Paggi, Jr., JEP:Iaw Enclosure cc: Hon. Vincent Bettina, Councilman w/enclosure Mon. Joseph Paoloni, Councilman wlenclosure RECEIVED Hon. Joseph Ruggiero, Councilman wlenclosure Non. Robert Valdati, Councilman wlenclosure Hon. Gloria Morse, Town Clerk wlenclosure Michael P. Tramper wlenclosure Albert P. Roberts, Esq. wlenclosure TOWN CLERK Sal Pennini w/o enclsoure Joseph E.Paggi,Jr.,F.E. Ernst Martin.Jr.,P.E..L.S. Charles R.Del Bene,Jr.PE. COMPARATNE CASH FLOW ANALYSIS CML TANK Column A Column B Payment Nov Tank Exlst9ng 7anK PV F'Wor PV Of Psi Of Pertod: and MaInt Rehab 3 Maint 5.40'x, Column A w� Co[umn 5 811101 $12,000 $2,500 0,9758098 $11,707.32 $2,4.38,02 319102 27.000 7,500 0.9518144 25,893.99 7,138.51 911102 11,825 2,375 0.8285994 10,79+4,97 2,205,42 311/03 25,526 7,375 0,9059508 24,120.93 8,681.39 911103 11,260 2,1501 0.883$543 8,1943,36 1,950.87 811!04 26,250 7,250 0,8922889 2.2,6x5,29 6,251.85 911/04 10,975 2,125 0.8412862 9,148.76 1,787.69 311105 25,875 7,125 01.82074613 21,236.82 5,847.82 911105 10,500 2,000 €1.3007294 8,407,15 1,501,48 311108 33,000 32,0130 0.7811954 25,779.55 24,9913,35 911108 10,000 1,875 0.7821448 1',521.45 1,128,02 311/07 30,000 8,875 0.7435559 22,306.88 5,1 f,1.95 919107 9,600 1,750 0,7254204 8,1301.49 1,269.49 311108 29,500 8,750 0,7077272 20,877.95 +4,77716 9/1108 9,000 "..1925 0.+3904858 6,214,19. 1,122.01 311109 29,000 8,,825 0.+8738249 19,535.12 4j482.75 911109 8,66010 1,51'90 0.0571951 5,586.18 965.79 311110 28.500 0,500 0.11411859 18,273,23 4,167,58 911ilo 8,000 1,375 0.6255277 5,004.22 $60,110 311/11 35,500 9(d,375 0.8102709 21,884.82 34,404..02 911111 7,375 1,250 0.5953883 4,390.97 7+14.23 311912 32,375 8.,250 0MW647 18,806.49 3,830.E 911112 8,750 1,125 0,$666972 3,025.21 $37,53 311113 31,750 !!,125 0.5528754 17,553.79 3,388.36 811113 6,125 1,000 0,5393909 3,303,77 539.39 311114 31,12!5 8,000 0,5282347 18,379.06 3,157.41 911114 5,50C 875 0,513301 2,823.70 "9.22 311118 30,500 5,875 4.5008778 15,270.77 2,942.86 911115 4,875 750 0,4888843 2,382.22 368.50 311118 37,375 30,750 0,4787427 17,818.28 14,959.34 911118 4,125 826 0.4851140 1,918.80 290.70 311117 34,125 5,6525 0,4537708 15,484,92 2,552.46 911/'17 3,375 500 04427031 1,494,12 221.35 311118 33,375 5,500 0,4319053 14,414,84 2,375.48 911118 2,625 375 4,4213711 1,10e,10 158.01 311119 37,925 5,375 0.4110937 15,487,40 2,209.63 911118 1,750 250 0.4010071 701,87 10027 311120 38,750 5,250 0.3912849 11.379,72 2,054,25 911120 875 125 0.3817414 334,02 47,72 3/1121 38,375 55,125 0,37'24308 14,292,62 20,530.24 Totals $770,2260 - $302,500 +�$ !302 $180,584 Assmptions: e) Bands 9as4ed for 20 years a 5.00%based on level debt rnWhod pursuent to NYS Conal Finance Low. b) MatMenancs during yearn 5,10. 15 3 20 esUrnatsd ist$25,000, $.x,+0,000, ?:§,0590 and$50,000; rsspecUve.v for rehab scenario and at$2,500;every f4Pth y+sar for the new topk scenar€r5. PAGGI,NIARTIN&DEQ,BENE LLP Consulting Engineers c' Lund Surveyors 56 .N-Uln Street Poughkeepsie,Nese York 12601 845-471-7898 845-471-0905 (FAX) VtSCF �V February 20, 2001 V 2 zoo' FEB � B & D Excavating TOWN CLERK New Hackensack Road Wappingers Falls, New York 12590 Reference: Wappinger Water Improvement 99-2(R) Cider Mill Loop Water Storage Facility Site Preparation/Piping Dear Contractor: Enclosed please find a bid package for the Site Preparation/Piping for the Cider Mill Loop Water Storage Facility located in the Town of Wappinger, Dutchess County, New York. Bids will be received at the office of Paggi, Martin & Del Bene, LLP, Project Engineers, at the above address no later than 11 :00 a.m. on March 9th, 2001. It is anticipated that the bids.will be awarded at the Town Board meeting the evening of March 12", 2001, and the site preparation contract must commence no later than April 2°d, 2001. We would ask that the Contractor give a brief review of the drawings and specifications, familiarize themselves with the proposed schedule, and contact this office if they intend to submit a bid. There will be a mandatory pre-bid site meeting at 10:00 a.m. February 27th 2001 at the Cider Mill Loop site. We will address all questions at that point in time, and if there is a need to draft a clarification memo, it will be sent shortly thereafter. It should be noted that this work is being done under emergency nature, but is subject to all municipal requirements. Proper insurance forms will need to be filed with the Town and municipal wage rate must be considered. It is also imperative that the scheduie listed in the specifications be followed. If it is felt by the Contractor that because of e,isting workload you may not be able to maintain the schedule, then 1 would ask that a bid not be submitted. Please contact this office if you intend to bid on this contract so the }own wiil receive the required minimum bids. Gmsr E.,%. :. _ hL lxies R.Dei S & D Excavating - 2 - February 20, 2001 RE: Wappinger Water Improvement 99-2(R) Cider Mill Loop Water Storage Facility Proper scheduling will need to be done when ordering the materials, etc, so that when they need to be incorporated into the project, they will be available. This particularly holds to the retaining wall, piping, and fittings. Thank you for your consideration in this matter and if there are any questions, please do not hesitate to contact this office. Very my yours, "Joseph E. Paggi, Jr., P.E. JEP:Iaw Enclosure cc: Hon. Constance 0. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Hon. Gloria Morse Albert P. Roberts, Esq. Michael Tremper Dare Fitzpatrick Dick Gray The following Contractors received the Bid Package for the above referenced project: B & D Excavating ° Ben Ciccone, Inc. Gals, Inc. ° Corbin Excavating ° Metzger Construction RGH Construction Sun Up Enterprises, Inc. VERGILIS, STENGER, ROBERTS & PERGAMENT ATTORNEYS AND COUNSELORS AT LAW 1136 ROUTE 9 WAPPINGERS FALLS,NEW YORK 12590 (845)298-2000 GERALD A.VERGILIS* FAX(845)298-2842 LEGAL ASSISTANTS: KENNETH M.STENGER e-mail:VSRP@BestWebmet AMY E.DECARLO ALBERT P.ROBERTS KRISTEN S.GUTHRIE IRA A.PERGAMENT POUGHKEEPSIE OFFICE ANTONIA T.LUCIA 276 MAIN MALL JOAN F.GARRETT" POUGHKEEPSIE,NY 12601 THOMAS R.DAVIS (845)452-1046 PHILIP GIAMPORTONE RECEI ADDRESS REPLY TO. POUGHKEEPSIE *ADMM'FD TO PRACTICE WAPPINGERS IN NY&FLA. SEP 0 4 2001 -*ADmtTTED TO PRACTICE IN NY&CONN. TOWN CLERK VIA HAND DELIVERY August 29, 2001 Town Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Hon. Constance 0. Smith, Supervisor Re: Benjamin Construction File No. 16678.0152 Dear Connie and Board Members: I have reviewed the revised Performance Bonds and Payment Bonds issued by Western Surety Company on behalf of Benjamin Construction and in favor of the Town of Wappinger in a principal amount of S 108,000. 1 find these revised Bonds in proper forrn and order. The matter may be scheduled for Contract signing. I am delivering the original Perfonriance Bonds and Payment Bonds in triplicate to Town Clerk Gloria Morse. Very truly yours, VERGILIS, STENGER, ROBERTS & PERGAMENT ALB`ER ' ROBERTS APR/bg Cc w/ original Bonds: Hon. Gloria Morse, Town Clerk (VIA HAND DELIVERY) Cc w/o enclosures: Hon, Robert L. VaIdati, Councilman (sent to home address) Hon. Joseph Ruggiero, Councilman (sent to home address) Hon. Vincent Bettina, Councilman (sent to home address) Hon. Joseph P. Paoloni, Councilman (sent to home address) Joseph E. Paggi, Jr., P.E. (via facsimile 471-0,905 and regular mail) O:�WAPI'ING�i,"\99-21��aug28-'1'13.doe •� = RUG 09 '01 03:45PM WESTERN SURETY COMPANY P. 13 EKEC `I'ID IN TRIPLICATE Bond No. 69198895 PERFORMANCE BOND Any singular r+eferenCe 10 Contractor,-Surety,Owner or other party shall be considered plural where ap linable. CONTRACTOR(!Name and Address): SURETY(Name and Principal Placa of usiness): Benjamin Construction western Surety Company p. O. Box 289 101 South Phillips Avenue. Nassau, NY 12123 Sioux Falls, SD 57104-6703 OWNER(Name and Address): Town of wa ypingsr p. O. Box 324 wappinger, NY 12590 CONSTRUCTION CONTRACT Date: september 10, 2001 Amount: $1041,000-00 Desoripdon(Name and Location): project #I99-2 (R) 2 Cider Mill Loop water Storage Facility-Tank Rehabilitat on BOND Date(Not earlier than Construction Contract Date): September lo, 2001 Amount: $1o$,000,00 Modfications to thus Bond: ® None El See other side CONTRACT AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Benjamin Construction Western Buret ompan Signature: Signature: Name and Title: Name and Title: CLAM%L- David J. Phelps, Attorne -In-F&Ct August 9, 2001 (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER. OWNER'S REPRESENTATIVE (Archited, Engin er or other party): Edward J. Phelps Insurance p. O. Box 489 Nassau, NY 12123 (510) 76672079 Printed in cooperation with the American Institute of Architects(AIA)by the CNA insurance Campartiiee. The language in this document conforms exactly to the language used in AIA Dowment A312-Pertormence Bond-December I edition. l AUG 09 '01 03.46PM WESTERN SURETY COMPANY P.14 i'. The Contractor and me Surety, lointly and severally. bind themselves th#v hCrr7. executors. Jdnhf+lstralors. successors J113 assigr+s to thio owner for the performance of the C6nsrluelron Contract. which IS Incorporated harem oy reference 2 If the Corttraelor performs the Construction Contract. the Surety and the Conlractor shad nave no OblrgaGon under th+9 8o d.eRce>,t CO panlc+pite in conferences all provided in Subparagraph 3 t 3 If there 3s no owner Oefouit. the Surety's obligatlan under this Bond shall arras!Sher' �,,"' 3,1 The Owner has notified the Contractor and the Surstir at its address described n Paragraph f0 below teal the y�smer �s considering declaring a Contractor Default anti has requested and attempted to arrange a Conference with the Contractor and the sulisly to be held net later than flfteen ears after receipt of such notice to discuss methods of performing the Construction Contract, if the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract.but such an agFOGryient shall not waive the Owner's right,if any,subsequently to declare a Contractor Oefault; and 3,2 The owner has declared a Contractor Default and formally terminated the Contractor's right to complete the COn ract. Such Contractor Default shall not be declared earlier than twenty days ager the Contractor and the Surety have received notice as providein Subparagraph 3.1; and 'The fawner has agreed to pay the BalanCe Of the Contract Price to the Surety in accordance with the tefnts of the Omstruction Contract or 3.3 to a contractor selected to perform the ConstruCtiOn Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has sasfied the Conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense to a one of the following actions: 4.1 Arrange for the Contractor,with consent of the Owner,to perform and'complete the Construction Contract;or 4.2 Undertake to perform and complete the Construction Contract itself,through its agents or through independent Gontr =11`6 or 4.3 Obtain bids or negotiated Proposals from qualified contraCtOrs acceptable to the Owner for S.contract for petiorman and eornplelion of the ConstrUctldrt Contract;arrange for a contract to be prepared for execution by the Owner and the contractor selected with th I Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on th4 Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the 6atanre of the Contract Pricii incurred by the Owner resulting from,the Contractors MIA or 4,4 Waive its right to perform and complete, arrange for Completion, or Obtain a new contractor and with reasonable promptness under the circumstances: . K Wr .1 After Investigation, determine the amount far which may iia liable to the Owner and, as soon as practice le after the amount is detiatmined.tender payment therefor to the Owner;Or .2 Deny liability in whole or in part and notify the Owner citing reatlona therefor. 6 if tris Surety does not proceed as provided In Paragraph 4 with reasonable promptness,the Surety shall be deemed to l' to default under this Bond f+ft6ee days after receipt Of an additional written notice from the owner to the Surety demanding that the Surety perform Rs obi' tions under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subpar graph 4.4, and Owner refuses the payment tendered or the Surrey has dented liability, in whale or in part, without further notice the owner shall be entitled to enforce and remedy available to the Owner. I After the Owner has terminated the Contractors right to.complete the Construction Contract; and if the Surety slects to a under Subparagraph 4-1, 4,2, or 4,3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor nder the Construction Comtraet, and the nesponsibilities of the Owner to the Surety shall not be greeter than those of the Owner under the CO r1&trUCtIQ1 I Contract. To the limit of the amount Of this bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of coats and damages of the Construction Contract,the surely is obligated without dulication for; 6.1 . The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal,design professional and delay costs resulting from the Contractors Default,and resuiting from the sctiona or failure to act of the Surety under Paragraph 4:and 6.] Liquidated damages, or if no liquidated damages are Specified in the Construction Contract. actual damap s Caused by delayed performance or non-performanCe of the Contractor. t The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Conatru ion Contract, and the Balance of the Contract Price shall not be reduced or sat off an account of any such unrelated obligations. No right of action s all some on this bond to any person or entity other than the Owner or its heirs,executors,administrators or suceesapre. ft The Sut+ety hereby waives notice of any change, including changes of time, to the Construction Contract or to related I ubcontracts, purchase Orders and other obligation. 9 Any proceeding. legal or equitable,under this gond may be instituted in any court of competent Jurisdiction in the location it i which the work or part of the work is located and shalt be instituted within two year!after Contractor Default or within two years after the Contractor ased working w within two years after the Surety refuses or falls to perform its obligations under this Bond,whichever occurs first. If the provisions of his Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be app icabie. 16 Notice to the Surety,the Owner or the Contractor shalt be mailed or delivered to the address shown on the signature page, 11 .When this Bond has been furnished to comply with a statutory or outer legal requirement in the location where the onatruCliOn *86 to be ng performed, any provisioninttisrequirement Bondnte tconflishait be deemed ining with said tory or corporatedaheerein- Thetshall intent Isdeemed thathis Bond shall rberom an cvnst drovir as a statutory bond to such statutory or other legaleq and f Ol as a Common law bond. 1x DEFINITIONS rice: The total am t P 121 Balance of the Contract payable by the Owner to the Contractor under the Canstrudion contract after all proper adjustments haus been Int rac including allowance to the Contractor.or any amounts received or to be received by the Owner in settlement of insurance or other Claims for damages to which the Contractor is entitled. reduced by all valid and proper payments ma to or on behalf of the Contractor under the Construction Contract. t2.2 Construction Contract Trio agreement between the Owner and the Contractor identified on the signature page including all Contract aocurments and changes thereto_ neither been remtd+ed nor waived. to perform or oche me to comply with the 12.3 Contractor Default. Failure of the Contractor, which ria tefrns of the Construction Contract. 12.4 owner Desault: Failure of the Owner,which has neither been remedied nor waived, to pay the Contractor as requr ed by the Construction Contract or to perform and complete or comply with the other terms thereof MODIFiCATIDf+fS TO THIS BOND ARE A$FOLLOWS', (Space is provided below for additional signatures of added parlies,other than those appearing on the cover pag 1 AUG 09 ' '01 03:47PM WESTERN SURETY COMPANY P.15 EYXCUTED IN TRIPLICATE Sand No. 69196895 PAYMENT BOND Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where ap licable. CONTRACTOR(Nome and Address): �^ ----A � SURETY(Name and Principal Place of Busin ss): Benjamin Construction Western Surety Company P. O: Box 489 101 South Phillipa Avenue Nassau, NY 12123 Sioux Falls, 6D 57104-6703 OWNER(Name and Address): Town Of wappinger , p. G. Sox 324 Wappinger, NY 12590 CONSTRUCTION CONTRACT Date: September 10, 2001 Amount: $108:1000.00 Description(Name and Location): Project #99-2 (R1 2 Cider Mill Loop water Storage FAcilitry-Tank Rehabilita ion BOND Date(Not esdIer than Construction Contract Data): September 10, 2001 Amount: $108,060-00 Modifications to this Bond: ❑X None See other side CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seao Company: (Corporate Sea[) 8erijamin Const"C tion western Surety ompan Signature: Si nature: �- g Name and Title: Name and Title: c_vtt:kk(_ n,A cR t David J. Phelps, Attorney-in Fact August 9, 2001 (FOR INFORMATIONONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engineer or other party): Edward J. Phelps Insurance P. O.' BOX 489 Nassau, NY 22123 (5181 756-2079 Printed in cooperation with the American Institute or Archkeats(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312-Psyment Bond-December 19 Edition- AUG 09 '01 03;:47PM WESTERN SURETY COMPANY P. 16 I The Contractor and the Surety, jointly and severalty, bind themselves- their hairs.executor%- admrnlstritors. Successors d d assigns to the Owner to pav for tabor.materials and 00YIPment Furnished for v!e in trio performance of trio Construction Contract,wh+Ch 19 tncofporat herein by rate►enre. 2 With respect to the Owner,this obtlgation trial;be null and void if the Contractor' 2.1 Promptly makes payment,directly or indirectly,for all Sums due Claimants. and 2.2 Defends, mdeflrnrfies int holds hafmreS$the Owner from claims, demands. liens or suits by any person Or entity whose claim, dlmarmd, lien or suit 4 for the payment for tabor, materials or equipment furnished for use in the performance of the Construction Contract.provided the Owner has promptly notified the Contractor and the Surety fat the address described to Paragraph 12) of any claims, demands. Ileus or suits and tendered defense of such claims,demands,liens or Suit$to the Contractor and the Surety.and provided there is no Owner Defauit. 3 With reSoect to Claimants,this obligation shall be null and void it the Contractor promptly makes payment,directly or indire ty, for all Sums due. 4 The surety shall have no Obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety Sat the address described in paragraph 12)and sent a COPY,or notice thereof, to the Owner, stating that a claim is being made under this Bond and,wi h substantial accuracy, the amount of the claim. 4.2 Claimant$who do not have a direct eontrad with the Contractor: .1 have furnished written notice to the Contractor and Bent a 00Y, or notice thereof, to the Owner, within 90 days after having telt performed labor or last furnished msterisIS or equipment imduded in the claim stating,with substantial accuracy,the i mount of the daim and the name of the party to whom the materials were furmisned or Supplied or for whom the labor was done or perrormod,and 2 have either received a rejection In whole or In part froth the Contractor.or not received within 30 days of fumishl the above notice any communication•from the Contrac�or by which the Contractor has indicated the claim will be paid directly or indirectly:a 3 Not having been paid within the above 30 days, have sent a written notice to the Surety(at the address descri in aargraph 12)and sent a Copy,or notice thereof,to the Owner, stating that a claim Is being made under this Bond and anclasing a cop of the previous written notice fumished to the Conhactor. a It a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety.that is SutFicient campllafice. S When tate Claimant has satisfied the conditions of paragraph 4,the Surety shill promptly and at the Surety's expense taste he following actions: 4.1 Send an answer to the Claimsnt,with a copy to the Owner,within 45 day$after receipt of the claim,stating the arto is that aro undlsputed and the basis for challenging any amounts that are disputed. 6,2 pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for ny payments made in good faith by the Surety. a Amounts owed by the Owner to the Contractor under the Construction Contract stall fu used for the performanceOwner ac of th Construction t Contract and to sadafy claims,it any, under any Construction performance Bond. By the Contractor tarnishing and the t7wner acceptin this t3ond, they agree that all funds earned by the Contret toi-in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surunder this Bond.subject to the Owners pdortty to use the funds for the completion of the work. ety 8 The Surety Shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the onstruction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond. and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Band. 10 The Surety hereby wsives notice of any change, including changes of tiros, to the Construction Contract or to related ubcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than In a court of competent jurisdiction inJillgh ocation in which the work or part of the work is located or after the expiration of one year from the date(1)on which the Claimant gave the noticeed by Subparagraph 4.1 or Clause 4.2.3. or(2) on which the last labor or service was performed by anyone or the last materials or equipment urnished by anyone under the Construction Contract, whichever of(1) Or(2) first occurs. If the provisions of this Paragraph are void or prohiby law, the minimum period of rrnitation available to sureties as a defense In the jUr-Midbm of the suit shall be applicable. 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature. Actual feteipt of notice by Surety, the Owner or the Contractor,however accomplished, shall be suffiaant compliance as of the date receivede address shown on the signature page.13 When this Bond has boon furnished to comply with a statutory or other legal requirement In the location where thstruction was tO be performed.any proviaicn in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom rovisions conforming to such statutory or other legal requirement shall be deeimed incorporated herein. The intent is that this Bond shall be aonas a statutory bond and not as a common law bond. 14 Upon request by any person of entity appearing to be a potential beneficiary of this Bond.the Contractor shalt promptly Turn sh a copy of this Bond or shall permit a copy to be made- i5 DEFINIVOWS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Cont actor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of Oil Bond shall be to include without limits ion in the terms"labor, materials or equipment" that part of water, gas power, light, heat. oil, gasoline, telephone service or rental equipment u d in the COriStruction Contract, architectural and engineering services required for 00ormance Of the work of the Contractor and the Contracto s subcontrectors. and all Other items for which a mechsr+ic'a lion may lite asserted in the jurisdiction where the tabor,materials of equipment were mished. 15.2 Construction Contract- The agreement between the Owner and trio Contractor identified on the signature page. including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waged. to pay tAs Contractor as requir d by the Construction Contract or to perform and complete or comply with the other terms thereof. MODIFICATIONS TQ THIS BOND ARE AS FOLLOWS` . l AUG 09 '01 03'48PM WESTERN SURETY COMPANY �P.17 Executed in Triplicate ACKNOWLEDGMENT OF SURETY STATE OF New York (Attorney-in-Fant) COUNTY OF _ On this 9th day of August- 2001 ,before me, a notary public in and for said County,personally appeared to the personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of,WESTERN SURETY COMPANY, a corporation of Sioux Falls, %uth Dakota, created, organized and existing under and by virtue of the laws of the Stata of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said acknowledges said instrument to be the free act and deed of said corporation and that he has authority to sig i said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my official seal at MLSSau York ,the day and year last above written. gy commission e s r - �3 Notary Public FWM 106--4000 e KIMBEFILY J.PHELPS W"PAftStileo!New Yo* 4 E AUG 09 '01 03=46PM WESTERN SURETY COMPANY P.18 WesternSure m p� POWER OF ATTORNEY- CERTIFIED COPY Bond No. 69198 95 Xnow All Men By'These Presents, that WESTERN SURETY COMPANY, a corporation duly organised and existing under the laws of the State of South Dakota,and having its principaloSice in Sioux Falls,Swath Dakota(the"Comp4PV"),does by these presents make,constitute and appoint its true and lawful attOrn@Y(s)-in-fact,L with lull power and authority hereby confbrred, to execute, acknowledge and de Iver for and on its behalf as Surety,bonds for: Principal, Benjamin Construction Obligee: Town Of Wappinger Amount: $250,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, i 41"d with the corporate seal of the Company and duly attested by ita Secretary,hereby ratifying and confirmiAg all that the aid 0 orney(s)-in-lact may do within the above stated limitations. Said appointment is made under and by authority of the fbilowing by w of Western Surety Company which remains in fun force and eflbct. *Section 7. All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be xecuted in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice Prey at or by such other officer&as the Board of Directors may authorize, The President,any Vice President,Secretary,any Assistant cretary, or the Treasurer RwW appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the Hams of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, power&of At orney or other obligations of the Carporaticn. The signature of any such officer and the corporate seal may be printed by faceimile." All authority hereby conferred shall expire and terminate,without notice,unless used befors midnight of Mb=--U- 2002 —but until such time shall be irrevocable and in full force and effect. in Witn.sea.Whereof,Western Surety Company has caused these presents to be signed by its President, Stephen .Pate,and its corporate saffixed this 9th day of WESTER SURETY C M NY Zvi s0 CO #_� Stephen T. ate,President 'K se COU On this 9th day of August _,in the year,tea 001- ,before me,a notary public,per pally.appeared Stephen T.Yate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aio asaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dead of said corporatia t J.MOHR /NOTARY PUBLIC Notary Public South Dakota 1$ JSOUTH DAKOTA M�CemmicRieu r:p3xs 10.3s.906G I the uadersiped officer of Western Surety Company,at atock corporation of the State of South Dakota,do hereby certifY that the attached Power of Attorney is in full force and eflbct and is irrevocable,and furthermore,that Section 7 of the bylaws f the Company as not Earth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9th day of Au Sit , Q�. WESTER S RETY C M NY Stepben T. ate.President Fo""F3306 II 1 3 rcfti tCda+ --- "cc s� 2r:3yY 6 �z `. rflL re iu'f;'�..:'G 5�='*t; 15:.� : 6 tq LE1�'4C:j-�a Ca is ' v3 i� [ate. �. -- – •- _.�� =c — !� KIMBERLY J.PHELPS Notary Public,State of New York +� Plate c, PrfoCfpal Office in Renssalaer C : t ,n Comm. r INy Comm.E pires3 rt d2YCt�_ � rr if XeT"x E t.r` 7 L f €r} C—,Cn in za0-W —€d ftf:icy Ji au�.'.'rG'oyx�'-1�to 3t`r$,•V�:��y't�i"c:;;�%� 5:':'s':;'Or acz-<,4 dc-,!.;i gam' i mr;. �% Es �4 S' f day Cfl k; Ixs r u�sa;1 _ to r �F rre=L`z-;yF sr-FuTn.fit2 d.xM. anted iTca4..iY�±'.? n,c_d iI'?5=.a. �3?;L:�r�• #f � t si is cfa e moi; gip" r a^ .i S;b`l S 5 :a -k ..'-'.:xr}CF�.r�..-` r..: ...,� SYar,> „�i !� .i '�`�r��C�.'-'9 iia Cn-Gf�;'. r� �4 C�ljjnly CL Gr7 aui7t5 of dlof2 r ieVii" LTiµ"iTie �T 3` P7`S 71 F kra�a °s,^ves by mp-+duty sir, .did ars i say aiat ft is$m ct,,- i;r.=tet- it aa+ti i,8 tea §� `'-L Ufa . F i'v:I i::'.Tr 4f: '1 ili 1'��r li cc—, -ae std U J i,Te Sad��aty--},t a Berl} 1= ki3"he SLP :?[Y'.i-L a�; 'Tsai i - --�:± ..a +.,�.- ,G.�._',''1,. +F-; i,•� # � ".:�f t�S;;SY;a?G Ir �tt�s�T..may. �-��r r_w--�.i�u,...h. �„<_�-..-ir�. ar'•.i r!`?�'�Vii;?��Cj {' Diracfors cf Sa=d My CCTfrT-_siCant�t?3ifE s I r`&er.-. ,Pit v, -- — �- 6053307401 AUG 09 '01 03:99PM WESTERN SURETY COMPANY P. 1 E )C,r= IN TRIPLICATE Bond No. . 6919e855 PERFORMANCE 13OND Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where apps ble. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Su iness): Benjamin Construction western Surety Company 8 G Box ns 101 South Phillipa Avenue 8, P, 0. , 89 12123 Sioux Falla, . SD 57104-6703 OWNER(Name and Address). Town of Wappinger P. Q. Box 324 wappinger, NY 12590 CONSTRUCTION CONTRACT Date: September 10, 2001 Amount:.$108,000-00 Description(Name and Location): project #99-2(R) 2 Cider.Mill Loop Water Storage Facility-Tank Rehabilitati n BOND Date(Not earlier than Construction Contract Date): September 10, 2001 Amount: $106,000.00 None C7 See other side Modifications to this Bond: CONTRACT AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Benjamin Construction Weet;era Suret Company Signature: r Signature: Name and Title: Name and Title: I ttorneyFin-Fact C:W�rt (VI or-Z' David J. Phelps, II (x.4 yJ k-V/ i August 9, 2001 (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other.party): Edward J. Phelps Insurance P. 0. Box 489 Nassau, NY 12123 (518) 766-2079 Printed in 000peration with the American Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used In AIA Document A312-Performance Bond-Dwmmber 19 edition. 1 AUG 09 '01 09;40PM WESTERN SURETY COMPANY FP.2 1 The Contractor and the Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which Is incorporated herein by reference. 2 if the Contractor performs the Construction Contract.the Surety and the Contractor stall have no obligation under this Bond,except to participate in=riferances as provided in Subparagraph 3.1, 3 If there is no Owner Default,the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at Its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surt ry to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, tie Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreemi int shait not waive the Owners right,if any, subsequently to declare a Contractor Default;and_ 3.2 The Owner has declared a Contractor Default and formally terminated the Contractors right to complete the contr ct_ Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as providecil in Sutiparegraph 3.1; and - 3,3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance with the terms of the C nstruction Contractor to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner- 4 When the Owner has satisfied the rsonditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract;or 4.2 Undertake 10 perform and complete the Conetfuction Contract itself,through its agents or through independent contraActs;or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract;arrange for a contract to be prepared for execution by the Owner and the contractor selected with the ownees concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the C onstruction Contract, and pay to the Owner the amount of damages as described In Paragraph 6 in excess of the Balance of the Contract Price fturred by the Owner resulting from the Contractors default;or 4,4 Ws" its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promplinesis under the Cimumstanoes: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicab 9 after the amount is determined,tender payment therefor to the Owner,or .2 Deny liability in whole or In part and notify the Owner citing reasons therefor. 6 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness,the Surety shall be deemed to be i I default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform Its.00110;ions under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subpa mph 4.4, and Owner refuses the payment tendered or the Surety has dented liability, in whole or in part. without further notice the-Owner shalt be I milled to enforce and remedy available to the Owner. 6 After the Owner has terminated the Contracloes right to Complete the Construction.Contract; and if the Surety elects to ac under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor u idar the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount.of this Bond; but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and demeges of the Construction Contract.the Surety Is obligated without duliZation for: 6.1 The reWrisibil"s of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal.design professional and delay costs resulting from the Contmcrtors Default,and resulting from the actions or failure to dot of the SumV under Paragraph 4:and 6.3 Liquidated damages, or if me liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7 The Surety shall not be liable to the.owner or others for obligations of the Contractor that are unrelated to the Construct on Contract, and the Solance of the Contract Price shall not be reduced or set off on account of any such unrelated obligs6ons. No right of action sha 11 accrue on this bond to any person.or entity other than the Owner or its heirs,executors,administrators or successors. i The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to rotated s 1 boontracts, purchase orders and other obligations. 9 Any preceeding,legal or equitable, under this Bond may be instituted in any court of competent juriediction in the location in vhich the worts or part of the work is 10006d and Shall be instituted within two years after Contractor Default or within two years after the Contractor oei ised working or within two years afar the Surety refuses or fans to perform its obligations under this Bond,whichever occurs first. If the provisions of 9 Is Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applil oble. 10 Notice to the Surety the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to Comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirerrrent shall be deemed deleted hersfrom and provisions conforming to such statutory or other legal requitement shall be deemed incorporated herein. The intent is that this Bond shall be COM0118cl as a statutory bond and not as a common law bund. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction cc ntract after all proper adjustments have been mads, including allowance to the Contractor or any amounts received or to be received by the C wner in settlement of insurance or,other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, �ncluding all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has nether been remedied nor waived, to perform or otherwi a to comply with the terms of the Construction Contract. 12.4 Owner Default-. Failure of the Owner.which has neither been remedied nor waived,to pay the Contractor as required by the Construction Contractor to perform and complete or comply with the other terns thereof. MOQIFrCATIONS TO THIS$ONO ARE AS FOLLOWS; (Space is provided below for additional signatures of added parties, other than those appearing on the coves•page.) AUG 09 '01 03:40PM WESTERN SURETY COMPANY `P•3 E XE C= IN TRIPLICATE Bond No. 6919889s PAYMENT BOND Any singular reference to Contractor, Surety.Owner or other party shall be considered plural where appl cable. CONTRACTOR(Name and Address): SURETY(Name and Principal Plaoe of Busine a): Benjamin Construction Western Surety Company P. p. Box 489 101 South Phillips Avenue Naasau, NY 12123 Sioux 'Falls, 6D 57104-6703 OWNER(Name and Address): I Town of wappinger P. 0. Sox 334 Wappinger, NY 12590 CONSTRUCTION CONTRACT Date: September 10, 2001 Amount: $108,000.00 Description(Name and Location): Project #99-2 (R) 2 Cider Mill Lvvp Nater Storage Facility-Tank Rehabilitat on BOND Date(Not earlier than Construction Contract Date): September 10, 2001 Amount: $108,000-00 Modifications to this Bond: None See other side CONTRACTOR AS PRINCIPAL SURETY I Company: (Corporate Seal) Company: Corporate Seal) Benjamin Construction western Suret Company Illi Signature: Signature: ° Name and Title: Name and Title: / c Gaz�c n1 David J. Phelps, .Attorney-In- act August 9, 2041 (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect,Engin or other party): Edward J. Phelpe insurance P. 0. Box 489 Nassau, NY 12123 (53.8) 766-2079 , Printed in cAoperstion with the American Institute of Architects(AIA)by the CNA Insurance Companies. E The language in this document conforms exactly to the language used in AIA Document A312-payment Bond-Deoember 1884.Edition. AUG 09 '01 03-4.1PM WESTERN SURETY COMPANY P.4 1 The Contractor and the Surety.jointly and severally• bind themselves,their heirs,executors.administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use In the perf0rmanca of the Construction ConaraOL which is incorporated herein by reference. 2 Wo respect to the Owner,this obligation shall be null and void if the COntraCtOr. 2.1 promptly makes payment,dlrectly or indirectly,for all sums due Claimants,and' 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, Ilene or suits by any person or entity who claim, tlemand, lien or.suit is for the payment for labor, materials or equipment furnished for use In the performance of the Construction COn1raC, provided the Owner has promptly notOWd the Contractor and the Surely (at the address described in Paragraph 12) of any claims, deman s, liens or suits and tendered defense of such claims,demands:liens or suits to the Contractor and the Surety, and provided there is no Owner fault. 3 With respect to.Claimants,this obligation shall be null and Vold it the Contractor promptly makes payment,directly or indire ,for all sums due. 4 The surety shah have no obligation to Claimants under this bond until' 4.1 Claimants who are employed by or have a direct contract with the COntractor have given notice to the Surety(at the address described In Paragraph 12)and sent a copy,or notice thereof, to the Owner,stating that a claim is being made under this Bond and,with substantial accuracy, the amount of the claim. 4,2 Claimants who do not have a direct contract with the Contractor: 1 Have famished written notice to the Contractor and nerd a copy, or notice thereof, to the Owner, within 90 d s otter having last performed labor or last furnished materials or equipment induded in the olarrrti Stating,with substantial accuracy,the ural of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; a .2 Move either received a rejection in whole or in part from the Contractor,or not received within 30 days of furnishing the above notice any communication,from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirectly;a .3 Not having been paid within the above 30 days,have sent a written notice to the Surety(at the address descri In Pargraph 13)and sent a copy, or notice therecf, to the Owner,stating that a claim is being made under this Bond and enclosing a copy C f the previous,written notice furnished to the Contractor. 9 If a notice required by paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance. b When the Cieiment has satisfied the conditions of paragraph 4,the Surety shall promptly and at the SUVWC expense take 0f0110wing 3r:ti0ns: 6.1 Send an answer to the Clalmant,with a copy to the Owner,within 45 days after receipt of the Claim,Stating the amours that are undisputed and the basis for challenging any amounts that are disputed_ 6.2 Pay or arrange for.payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this gond shall be credktad for a y payments mads in good faith by the Surety. ct+on Contract shall 6 Amounts owed by the Owner to the Contractor under the Constru +bs used for the performance of the onstruGion Contract and to satiety,claims,it any, under any Construction Performance Bond. By the Contractor furnishing and the Owner acoep ling his Bond,they agree that all funds earned by the:Contractor in the perforrhanCO of the Construction Contract are dedicated to satisfy obligations of tj e Contractor and the Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. The Surety shall not be liable to the Owner,Claimants or Others for Obligations of theft that are unrelated to the G nstructlon Contract. This Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond,and shall have under thio and no obllgatlons to make payments to,give notices on beha9 of,or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes tN time, to the Construction Contract or to related au contracts, purchase orders and other obllgatlons 11 No suit or-action shall!be commenced by a Claimant under this Bond other than in a court of competent jurisdiction In the ecation In which the work or part of the work is 16ceied or after the expiration of one year from the date(t)on which the Claimant gave the notice requ by Subparagraph 4.1 or Clause 4.2.3,or(2)on which the last labor of service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1) or(2)first Omni. If the provislons of this Paragraph are void or prohibited law,the minimum period of limitation avaliable!to sureties a$a defense in the jurisdiction of the suit shall be applicable. 13 Notice to.the Surety, the Owner or the Contractor shall be malled or del"red to the.address shown on the signature pa e. Actual receipt of notice by Surety.the Owned or the Contractor, however accomplished,shall be sufficient compliance as of the date racelYAd at It address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the Ioc"atlon where the st►uctian was to be per mined; any provision inithis Bond conflicting with said statutory or legal requirement shall be deerwd deleted harefrom and rovisions conforming to such statutory or other legal.requirement shah be deemed incorporated herein. The intent is that this Bond shall be const as a statutory bund and not as a common law bond. TCiary of this Bond.the Contractor shall promptly funis a copy of this Bond 14 Upon request by any person or entity appearing to be a potential bene or shall permit a Copy to be made. 15 DEFINITIONS %I Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contra for to furnish labor. materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitali n in the terms"labor, materials or equipment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment use in the Construction Contract, architectural and engineering service& required for performance of the work of the Contractor and the Contractor' subcontractors,and all other items for which a mechanic's lien maybe asserted in the jurisdiction where the labor,materials or equipment were fu ished. 16.2 Construction Contract-, The agreement between the Owner and the Contractor identiried on the signature page, i cluding all Contract Documents and Changes thereto. 15 3lor t Default, endure Of the Owner, to or comply hich has neithr billion with the other terms them died nor waived, to pay the Contractor as require by the Construction Contractf� M0131FICATIONS TO THIS BOND ARE AS FOLLOWS' I AUG 09 '01 03,42PM WESTERN SURETY COMPANY P.5 Executed in Triplicate ACKNOWLEDGMENT OF SURETY STATE OF New York (Attorney in Faot) ea COUNTY OFitenseelArx- On this 9th day of August __ 2001 ,before me, notary public in and for said County,personally appeared to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WEN SURICTY COMPANY, a corporation of Sioux Falls, South Dakota,created, organized and existing under and by virtue f the laws of the state of South Dakota; that the said instrument wan executed on behalf of the said corporation by author; of its Board of Directors and that the said 111%1d a, phal acknowledges said instrument to be the zee act and deed of said corporation and that he has authority to sig said instrument without affixing the corporate seal of said corporation. M0 Nil IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my official seal at i New Yor ,the day and year last above written. ' My commission expires 1 - L5 11110 No Public Form 1004.2000 roe NE KIMBERLY J.PHELPS �Q Notary P&llr.State oI New York * en Principal comm�4849052iae[-311, r my Comm.Expires i I I AUG 09 '01 e3:42PM WESTERN SURETY COMPANY P•6 esternSurety , POWER OF ATTORNEY- CERTIFIED COPY Bond No. 691 8 8 95 Know All • Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organised and exis ng tinder the laws of the State of South Dakota,and having Its principal office in Sioux Falls,South Dakota(the"Company',docs by these preaente slake,constitute and appoint its true and lawful attorriey(5Xn-f8ct,with Pull power and authority hereby conferred,to execute,acknowledge and del iver for and on its behalf as Surety.bonds tor' Principal: Benjamin Construction Obliges: Town of wappinger Amount: $250,000.00 and to bind the Company thereby as fury and to the same extent so if such bonds were signed by the President, &led with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said a rney(s)-irk-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in 11~11 fbree and effect. "Section 7. All bonds,policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate dame of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers a9 the Board of Directors may authorize. The President, +u+y Vice President,Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings, Powers of Atiorney or other obligations of the corporation. The signature of any such ofUer and the corporate seal may be printed by facsimile." All authority hereby confbrred shall expire and terminate,without notice,unless used before midnight of Se , X202 ,but until such time shall be irrevocable and in full force and effect. In Witness Whereof,Western Surety Company hat caused these presents to be signed by its President, Stephen T.Pate.and its corpora W4Mj&&ed this 9th day of BalQuat_ —• ,S�tET}r� WESTER SURETY Com NY i A -2*V6 . '7 Stsphen T, ate,President . s 9T A ss cOUN On this 9th day Of in the year--2 QI--,before me,a notary public,peraUy Appeared Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the afb acid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporatia . J.MOHR �HCrrAAY PUBLIC Notary Public South Dakota sOUTH vrl�avM MYcommupjon IRxpixa 10.34.4005 + I the undersigned ofte r of Western Surety Company, a stock corporation of the St to of 13auth D&kata,do hereby ertify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws t the Company as set ibrth in the Power of Attorney is now in force- In testimony whereof,I have hereunto eat my hand-and seal of Western Surety Company this day of Aug33LffK 2001 WESTER S RETY C M NY Stephen T. ate,President Form F5305 i Y 5 i T -— �....._y... 3 .f �s 1�p4 " woo KIMBERLY.1.PHELPS y Notary Public State of New York i3 Principal office in Renssalaer C 0 Comm.494 3) a3 ,£ my Comm.Expires 4 - V 1 0r i or� 2o_b&6-e irrto ji �I to:. Pe a sem^ f r of �1 'rx C-n davor t°ns by,«dss;r sem-n,tic dep[�-,e say tti3i he is tf� Of s I r'`F z P:«:cz�, !. i s tk i cad r zt�J _� _C" �..-. ii f UHUE 4'AC:e4�KELE:C-,7EM r �s.riy Gs P: a Ln mssbe!---apeft to !; FT--dify F ;,did depose ��he is U-a ��:�h:t � Ie � j€[F-:n VVN.,aI, [,'?��5`iit7Yfi I?-?yf .1TV7.'.�'ih�za ,�' ?;,.a.5 FJ 6u CL n"G:,F-� iii S --d'- i 'Cs a Com' ._xh. , 5ed c e r ca-�---3 aldf at s r ii irsfnurr�a•-j oFfz�zd i�; as t :i hart &i4e t oa d ((' Gi}i t 1S s, AUG 09 '01 09:42PM WESTERN SURETY COMPANY P.7 EX1aC' U) IN TRIPLICATE Bond' No. 6g19e13ss PERFORMANCE BOND Any singular reference to Contractor, Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of E usiness): Benjamin Construction Western Surety Company p, 0. Box 489 101. Scuth Phillipe Avenue slasasau, NY 12123 Sioux Falls, SD 57144-6703 OWNER(Name and Address): Town of wappinger P. 0. Box 324 Wappinger, NY 12590 CONSTRUCTION CONTRACT Date; September 10, 2001 Amount: $108,000,00 Description(Narne and Location): Project #99-2(R) 2 Cider Mill Loop Water Storage Facility-Tank Rehabilitat on BOND Date(Not earlier than Construction Contract Date): September 10, 2001 Amount: $109,000.00 Modifications to this Bond: DE None ©see other aide CONTRACT AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Benjamin Construction western Surety any Signature: Signature: ` Name and Title: Name and Tale: C.NMtiL 0409C2� David J. Phelps, Attorney-In-Fact August 9, 2001 (FOR INFORMATION ONLY-Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect, Engineer or other party); Rdward J. Phelps lnisurance P. 0. Box 499 Nassau, NY 12133 (sle) 766-2079 Printed in cooperation with the Amerlon Institute of Architects(AIA)by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A312-Performance gond•December 1 edition. ' I AUG 09 '01 03:43PM WESTERN SURETY COMPANY P.8 1 rhe conteaclor aria the Surety,lo,ntly and sevarilly bino lhemeeJv+!s their ne rq, eaeCytors. ddli"I"'Itralors, SUCG0980rS an ass4016 Io the Owner for the performance of Iha CpnStrucUOn Cor+tract,which is incorporated herein by reterence 2 if the Contractor pertorms the Construction Contract. the surety end line COnlractor shall have no Obligation under this Bard, except to participate in conferences as provided in Subparagraph 3-1 3 If Iftere 15 no owner Default,the Surety's obligation under this Bond shall aria@ after 3,1 Tho. Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that Ina Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to W held not later than fifteen days after receipt of such nonce to discuss methods of performing the Construction Contract- If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Own@r'a right.if any, subsequently to declare a Contractor Default; and 9.2 The Owner has declared a Contractor ISefault and formally terminated the Contractor's right to complete the con ract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 'The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms Of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's�xpense tae one of the following actions! 4.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction ContracI';or 4.7 undertake to perform and complete the Construction Contract itself,through its agents or through indepe dentcontr txors; or 4.3 Obtain bids of negotiated proposals from qualified contractors acceptable to the Owner for a contract for erfvrman and or of the Construction Contract; arrange for a contract to be prepared for execution by the Owner and the contractor eels ad withOwner's concurrence, to be Secured with perfonrtanoe and payment bonds executed by a quatlfled surety equivalent to the bends is ued on th Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Pri incurred by the Owner resulting from the Contractors default;Of 4.4 Waive its right to perform and complete, arrange for completion, or obtain.a new contractor and with reasonable promptness tinder the climurnstonces: ,1 After investgatbn, determine the amount for which it may be liable to the Owner and, as soon as practice le after the amount id deteffrined,tender payment therefor to the Owner or ,2 Deny liability in whole or in part and notify the Owner citing reawns therefor, b If the Su*does not proceed as provided in Paragraph 4 with ressonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the surety demanding that the Surety perform its obtig tions under this Bond, and the Owner shall be entified to enforce any remiedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4,and Owner refuses the payment tendered or the Surety has denied Ilabllity, in whole or in par without further notice the Owner shall be entitled to enforce and remedy available to the Owner_ a After the towner has terminated the Contractors right to complete the Construction Contract; and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the respohsibilities of the Surety to the Owner shall not be greater than those of the Contractor rider the Construction Controct,and the responsibilities of the Owner to the surety shall not be greater than those of the Owner under the COnstructlo Contract. To the limit of the amount of this blond, but subject to corrtmiftent by the Owner of the B llartoe.of the Contract Price to mitigatlon of co s and damages of the Construction Contract.the surety is obligated without dulicatton for: 6,1 The fasponsibiiipes of the Contractor for correction of defective work and completion of the construction Ccntract; 6.2 Additional legal,design-professional and delay costs resuiling from the Contract f s Default,and resulting from the OctiOms or failure to act of the Surety under Paragraph 4:and 8.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perforrnanoo or rton-performance of the Contractor. 7 The Surety shalt not be liable to the Owner or others for obligations of.the Contractor that are unrelated.to the Constru ion Contract, and the Balance of the Contract Price shalt not be reduced or set ON on account crony such unrelated obligations. No right of actions all acerae on this bond to any person or entity other than the Owner or its heirs.executors,administrators or successors. 13 The Surety hereby waives notice of any.change, including changes of time, to the Construction Contract or to related i ubcontracts, purchase orders and other obligations, ted in any 9 Any proceeding.legal or equitable,under this Bond may be iA$.NWwort or competent jurisdlctlon in the location I which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor a iased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of his Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurlsdiction of the suit shall be app icable. 10 Notice to the$urety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 41When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the naI anon was to be pe.rfgmwdi any provision in MIS Bond Conflicting with said statutory or legal requirement shall be deemed deleted herefmm an provisions conforming to such statutory of other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall to const ac a statutory bond and not 86 a common taw bond, 12 OEFINITIOM %1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction onlract after all proper adjustments have been made, including allowance to the Contractor or any amounts'received or to be received by the Dwrier in settlement of insurance or other claims for damages to which itte Contractor is entitled. reduced by all valid and proper payments mad P to or on behalf of line Contractor under the Construction Contract. 12.2 Construction Cornract; The agroormant between the Owner and the Contractor identified on the signature page inclutling all Contrast Documents and changes thereto, 12,3 Conlractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otheivi,ise to comply with the terms of the Construction Contract, 12.4 owner Defouik Failure of the Owner,which has neithtr been remedied nor waved. to pay the Contractor as requl ed by the Construction Contract or to perform and complete of Comply with the other terms thereof MODIFICAY14ONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the Cover paged I AUG 09'01 03.44PN WESTERN SURETY COMPANY P.9 EM--U TED IN TRIPLICATE Bond No. PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shelf be considered plural Where ap iicable. CONTRACTOR(Name and Address): - ~SURETY(Name and Principal Place of Business): Sena min Construction Western Surety Company P. � Box 499 101 South Phillips Avenue Nassau, NY 12123 Sioux Falls, SD 57104-6703 OWNER(Name and Address): Towr1 of Wappingex' P. O. Box 324 wappinger, NY 12590 CONSTRUCTION CONTRACT Date: September 10, 2001 Amount, $1081000.00 Description(Name and Location): Project #99-2 (R) 2 Cider Mill Loop Water Storage Vacility-Tank Rehabilita ion MOND Date(Not earlier than Construction Contract Date): September 10, 2001 Amount: $108,000-00 Modifications t0 this Bond: ® None ❑ See other side CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seaq Benjamin Construction Western Surety C pang Signature; Signature: Name and Title: Name and Title: David J. Phelps, Attorney-In-Fact e5w r.» Auquat 9, 2001 (FOR INFORMATION ONLY•Name,Address and Telephone) AGENT or BROKER: OWNER'S RSPRESENTATTVE (Architect, Engineer or other party): Edward J. Phelps Insurance P. 0. Box 489 Nassau, NY 12123 (sle) 766-2079 Printed in cooperation with theAmerican institute of Architects(AIA)by theCNA Insurance companies. The language in this dowtrent conforms exictty to the ionquaga used in AIA Document A312•Payment Bond•Decernt7a 1 Edition.. AUG 09 '01 03:44PM WESTERN SURETY COMPANY P.10 1 The ContraCtOt and the Surety.Iointly and severalty, bind themselves. their hairs.executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the CoristruCllon Contract, which is incorporated hereto by reference. 2 With►aspect to the Owner,this obligation shalt to.null and void it the Contractor: 2,1 Promptly makes payment,directly or indirectly, for all sums due Claimants. and 2,2 Defends. indemnifies And Holds harmless,the Owner from claims, demands,liens or suite by any person or entity whiiSe claim, demand,lien or suit is for the payment for lobar, material$or equipment furnished for use in the performance of the Construction COnt(IlCtr provided the Owner ha$ promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims. demands. liens or suits and tendered defense of such Claim$,demands, liens or suits to the Contractor and the Surety,and provided there is no Owner Default. 3 with respect to Claimants,this obligation shalt be null and Maid it the Contractor promptly makes payment,directly or indirectly,for all surae due. 4 The surety shall flava no obligation to Claimants under this bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety(at th 0 address described In Paragraph 12)and sent a copy.or notice thereof,to the Owner,stating that a claim is being made under this Bond and, h substantial accuracy, the amount of the claim. . 4.2 Claimants who do not have a direct contract with the Contractor, .1 Have furnished written notice to the Contractor and sent a Copy, or notice thereof, to the Owner, within 90 days after having last peRormed labor or last furnished materials or equipment included in the claim stating,with substantial accuracy,the ount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the iabor was done or perforned; ad .2 Have either received a rejectionin whole or in part from the Contractor,or not received within 30 days of furnishi the above notice any Communication from the Contractor by which the Contractor has indicated the claim will be paid dlrecdy or Indirectly;a .3 Not having been paid within the above 30 days, have sent a written notice to the Surety(at the address desrri in Pargraph 12)and sent a copy, or notice thereof,to the Owner,stating that a claim is being rlade under this Bond and enclosing a of the previous written notice furnished to the Contractor, 5 If a notice required by paragraph 4 Is given by the Owner to the Contractor or to the Surety,that is sufficient canplianee, 6 When the Claimant has satiefled the conditions of Paragraph 4,the Surety shall promptly and at the Surety's expense take the following Wons,, 6.1 01and an answer to the Ctsimant,with a copy to the Owner,within 45 days afar receipt of the claim,stating the&MW is that are undisputed and the basis for challenging any amounts that are disputed, 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's tots[obligation shall not exceed the amount of this Bond,and the amount of this Bond shalt be credited for;Iny payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,it any, under any Construction Performance Bond. By the Contractor fumishing and the Owner acaeptin this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to estisfy obligatiom of M Contractor and the Surety under this Bond,subjoct to the Owners priority to use the funds for the completion of the worts. ! The Surety shall not be liable to the Owner.Claimants or others for obllgations of the Contractor that are unrelated to the Constndon Contract. The Owner shall not be liable for payment of any cents of expanses of any Claimant under this Bond,and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related boontraM, purchase orders and other obligations. 11 No suit or action shall ba commenced by a Claimant under this Bond other than in a court of competent.jurisdiction in th location in which the work or part of the work Is located or after the expiration of one year from the date(1)on which the Claimant gave the notice req ilred.by Subparagraph 4.1 or Clause 4.2.3, or(2) on which the last labor or service was performed by anyone or the last materials or equipment war P furnished by anyone under the Gonstruotion Contract, whichever of(t)or(2) first occurs. If the provisions of this Paragraph are void or prohibltq by law, the minimum period of limitation available to sureties as a defense in the juriSdioWn of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature A a_ ACtual receipt of notice by Surety,the Owner or the Contractor,however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this fond has been furnished to comply with a statutory or other legal requirement in the location where the pristruction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heref mi and provisions conforming to such statutary or other regal requirement shall be deemed incorporated herein. The intent is that this Bond shall be constru d as,a statutory bond and not as a common law bond. 14 Upon request by any person or entity appealing to be a potential beneficiary of this Bond,the Contractor shall promptly turn h a copy of this Send Of shall permit a copy to be made. is DEFINITIONS 15.1 Claimant; An individual or entity having a direct contras with the Contractor or with a subcontractor of the Cont or to furnish labor, rtalanals or equipment for use in the performance of the Contract. The intent of this gond shell be to include without limitat on in the terms"fabor, materials or equipment" that part of water, gas power, light, heat, oil, gasoline, telephone service or rental equipment usd in the Construction Contract, architectural and engineering.servioes required for performance of the work of the Contractor and the Contractor subcontractors, and mill other iters for whieh a mechanics lion may be asserted in the jurisdiction where the labor,materials Or equipment were I irniShod- 15.2 Construction Contrast: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 13,3 Owner Default: Failure Of the OwnEr,which has neither been remedied nor waived, to pay the Contractor as req ui by the Construction Contract:or to perform and complete or comply with the other terms thereof- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: AUG 09 '01 03:45PM WESTERN SURETY COMPANY P.11 Executed in Triplicate ACKNOWLEDGMENT OF SURETY STATE OF New York (Attorneyin4act) COUNTY OF.. F.1sselaer ss On this 9th day ofAu—Oust Z 0 01 ,before me,a notary public in and for said County,personally appeared Phalpm to me personally known and being by me duly sworn, did say, that he is the Attorney-in-Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said acknowledges said instrument to be the Ikee act and deed of said corporation and that he has authority to 5' said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my official seal at , &w York ,the day and year last above written. My cammissioa expires ' I Notary Public Form 100-4-2000 Zyp�� f k W\09 KIMB�ERLYJ.PHELPS e; Notary Public State of New York Principal Office In Renssalaer C . Ccmm:484 r 9JaE.4, s MY Comm.Exprrm � l I AUG 09 '01 03:45PM WESTERN SURETY COMPANY �P. 12 �D WesternSurety, POWER OF ATTORNEY-CERTIFIED COPY Bond No. 69198 95 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organised and exi4ting under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),dose by these presents snake,constitute and appoint David 'T- 21hal-PA its true and lawful att4rney(s}-in•lbct, with full power and authority hereby conferred, to execute,acknowledge and deliver for and on its behalf as Surety,bonds for. Principal: Benjamin Construction Obligee: Towns of Wappinger Amount: $250, 000-00 and to bind the Company thereby as filly and to the same extant as if such bonds were signed by the President i eaw with the corporate eetl of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Stt ornSY(s)-in-faOt may do within the above stated limitations- Said appointment is made under and by authority of the following by aw of Western Surety Company which remains in ftsU force and effect. "Section 7. All bonds,policies, undertakings,Powers of Attorney or other obligations of the corporation shall be 1 mecuted in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice Press ant or by such other offims as the Board of Directors may authorise. The President,any Vice President, Secretary,any Assistant Secretary.or tate 'treasurer may appoint Attorneys in Fact or agents who shun here authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies, undertakings,Powers of At rney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of S 6110 t:4 1 mbaK-11- 2002 ,2002 ,but until such time shall be irrevocable and in frill fbres and effect. In Witness Whereof,Western Surety Company has caused these presents to be signed by its President,Stephan .Pate, and its corporate Ifil ixed this 9th day of Augur 2001 k�STr�� WESTER S R E T Y C M NY r10 jiStephen T.Fate,President 177 8T ` >~IT • rA WT ss eau AHA On this 9t4day of Auguut� in the year-10gL-,before me,a notary public,Personally appeared Stephen T. Pate, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the afo said OPBcer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. }aaws�+w�Mw J.MOHR NOTARY PUBLIC Notary Public South Dakota SOUTH DAKOTA My commuman Upires 10-42.8006 i I the undersigned a icer of Western Surety Compa>tiy. a stock corporation of the State of South Dakota,do hereby rtitrChat the attached Power of Attorney is in full force and ef%ct and is irrevocable, and furthermore,that Section 7 of the bylaws f1he Company as set forth in the power of Attorney is now in A=@- In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9 h day of ��31at WESTER' S RE.T�YY C M NY Stephen T. ate,President Foran FSM I kL IS daces 3 K.r1AMI ",f'i to!Jv j3�IiWtPJh':tici C .t'r^„-t�_.iil a"x of a$ �fO ti'.c 1103 FIRM ACKYOWLEDGMEAt7 moi` KIMBERLY J.PHELPS h Notary Public,State of New York I! r N Prin6pa1 Office iri Renssalaer C . 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