008
lDWIlar....GiA
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~_ 8f about
April 28, 2005, the . Town
of Wappinger received. a
Field Citation (No. II-UsT-
FC-1(l31) from the United
States . Environmental Pro-
tection . Agency (EPAl fol-
Iowi!lll.en' . . inspection .. of
undergrollnd . . . storage
tanks IUsTl at.llie Town Of
~~~dlj/gh}vay De-
WHEREAS. the terms of
the Field Citation required
that within thirty days of
issuance, or within sixty
days if an extension is re-
Quested and granted, the
Town of Wappinger cor-
rect the violation(s~, pay
the penalty and return. the
original Reid Citation with
the ....Compliance Or-
derlSettlell16nt Agree-
ment'executed by Town,
of Wappinger Highway <
SlIperintendei1t; and I
:~:~{:~or~~~~ ~
tion, the TOW\'I had l;IOIl-
tracted with Fellenzer '.En- J
~~~:r r:~g'fi~m~U.:~if~ :~.; .,'
design and bid specifica-
tions to bring all the Town
of Wappinger UST's into
compliance; and
WHEREAS, On May 11.1
2005 the aforementioned,
specifications were adver-.'~
tised for bid; and
WHEREAS. on May 20. j
2005 bids were opened ~
and a contract for.
$150,000.00 was awarded
by the Town Board Of the
Town of Wappinger to Ira
D. Conklin and Sons. lhe.
on May 23, 2005; and
WHEREAS, on May 26.
2005 the Town of Wap-
pinger forwarded corre-
spondence to the EPA re-
Questing a thlrty day ex-
tension to comply with
the Field Citation and .re-
mitted a penalty payment
I in the amount of $750.00;
WHEREAS, by letter dated
June 6, 2005 the EPA
granted the request tb ex-
tend the compliance dead-
line to June 28, 2005; and
WHEREAS, Chief Dennis
McChesney of the Ground
. Water Compliance Section"
of the EPA granted the re-
Quest on behalf of the'
Town of Wappinger to ex- !
tend the compliance dead-
I line to June 28. 2005; and
WHEREAS. Chief McChes-
ney fur'lher indicated in
his correspondence that
the EPA will withdraw the I
I Offer' of Settlement under
~s Field Citation Program
and initiate ~mal. ~~-
0290
Pou.ghkeepsie Journal
psie, N. Y.
to commence the work for
the project entitled 'Field
Fuel Oil Tank Highway Ga-
rage a.nd Town Hall" in ac-
cordance with the bid
specifications prepared by
Fellenzer Engineering, LLP
and for which Ira D. Con-
klin and Sons, Inc. was the
successful bidder; and
WHEREAS, ,according to
Ira D. Conklin and Sons,
Inc.. the Performance
Bond and Payment. Bond
required by the bid speci-
fications cannot presently
be obtained because the
bonding company cus-
tomarily used - by Ira D.
Conklin and Sons, Inc. has
gone out of business; and
WHEREAS, Ira D. Conklin
and Sons. Inc. is attempt-
ing to obtain a Perfor-
mance and Payment Bond
from another surety com-
pany and pending pro-
curement of same will
provide the personal guar-
antee of Joseph sovino,
the Majority Shareholder
and CEO of Ira D. Conklin
and Sons, Inc., pending
procurement of the re-
Quired Performance and
Payment Bond issued in
favor of the Town of Wap-
pil'\ger; and ,
WHERf,AS. the Town is
under time constraints to
make the necessary re-
pairs, and. improvements
to the' underground fuel
storage tanks as above
speCified; and .'
WHEREAS. Ira 0: Conklin
and Sons. Inc. is willing to
undertake. all work re-
quired by the contrect. .
and not receive any inter-
im payments. until the Te-
Quired work has been
completed al)d approved
by the Supervising Engi-
neer. Fellenzer Engi-
neeri!lll. LLP. and releases
Of liens have been filed by
all subcontractors andlor
until the required Perfor-
mance Bonds' and Pay-
ment Bonds have been is-
sued in favor of the Town
of Wappinger. in form ac-
ceptable to the Attorney to.
the Town; and
WHEREAS. Joseph sovi-
no. the Majority Share-
holder and CEO of Ira. D.
Conklin and Sons,' Inc. is
willing to provide a per-
sonal guarantee to the
Town of Wappinger to
guarantee the !lue perfor-
mance of all the work re-
Quired in the above refer-
enced project, to guar-
antee that all materialmen
and subcontractors are
paid in due' course. and to
otherwise guarantee that
all of the contract work is
completed in accordance
with the bid specifica-
tions.
NOW, THEREFORE, I. JO-
SEPH RUGGIERO. SUPER-
VISOR OF THE TOWN OF
WAPPINGER. under the
.....^...^.,..........+^......lo.-~
fortt. in the EM ..... ..-
ed June 6, 2005.
4. The following Town Of-
ficers andlor employees
andlor professionals are,
hereby directed to take
whateVer steps are
needed and to coordinate
whatever repair work is
reqUired to (1) install the
requisite UsT equipment
at all facilities referenced
in the Field Citation and
Compliance Order/Settl-
ement Agreement, (2)
comply with . any and all
Field Citation require-
ments pursuant to the
Compliance OrderlSettl-
ement Agreement, and (3)
provide proof of compli-
ance and an executed
original Field Citation to
the EP A as soon as possi-
ble: . Superintendent Of
Highways. Fire Inspector.
Building Inspector, Town
Clerk, Engineer to the
Town, and Attomey to the
Town. .
5. I hereby direct that the
requirements for a Perfor-
mance Bond and Payment
Bond' required in the bid
specifications be' hereby
suspended. on condition
that Ira D. Conklin and
Sons, Inc., immediately
commence work and .that
Joseph Sovino, the Ma-
jority Shareholder ,and
CEO of Ira D. Conklin 8J1d
Sons. Inc.. personally
guarantee the due perfor-
mance of the terms, cove-
nants and conditions in
the bid. specifications and
in the contract for the Pro-
ject entitled "Fuel Oil Tank
Highway Garage 'and
Town Hall", said personal
guarantee to be in form
satisfactory to. the Attor-
ney to the Town, Albert P.
Roberts. .
6. The personal guar-
antee to be given by Jo-
seph sovino will be re-
leased upon Ira D. Conklin
and Sons. Inc.' supplying
the Town of. Wappinger
with a Performance Bond
and Payment Bond in fa-
vor. of the Town of Wap-
pinger in .connection with
the above referenced pro-
ject. ' said Performance
Bond and 'Payment Bond
to be in form satisfactory
to the Attorney to the
Town. Albert P. Roberts.
7. This Executive Order is
effective immediately. and
shall remain in effect for a
period of fifteen . days or
until rescinded or extend-
ed as circumstances dic.
tate.
/s/ Joseph Ruggiero
HON. JOIIIiPH
RUGGIERO,superv!lar
Town of Wappinger
IN
iPUBLICATION
RECEIVED
State of New York
County of Dutchess
City of Poughkeepsie
JUL 1 1 2005
TOWN CLERK
Rita Lombardi
, of the City of Poughkeepsie,
Dutchess County, New York, being duly sworn, says that at
the several times hereinafter mentioned she was and still is
the Principal Clerk of the Poughkeepsie Newspapers Division
of Gannett Satellite Information Network, Inc., publisher of
the POUGHKEEPSIE JOURNAL, a newspaper printed and
published every day in the year 2005 in the city of
Poughkeepsie, Dutchess County, New York, and that the
annexed NOTICE was duly published in the said newspaper
f&~e inVv~eiFsLffitcessively, in each week, commencing
on the 5th. day of
July
2005 and
thereafter, namely on:
on the following dates
And ending on the
, 2005 , both d
day of
My commission expires
LESLIE SHERtl.DEN
Notary f)ubl:c. State oi "Jew York
\Jo Ul:)H50187"i5
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