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HomeMy WebLinkAboutDredging and other services (3 contracts) i Office of the Town Attorney RECEIVED Town of Southold Town Hall Annex, 54375 Route 25 SEP 1 6 2019 P.O. Box 1179 Southold Town Clerk Southold, New York 11971-0959 Telephone : 631-765-1939 C c G N Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: September 16, 2019 Subject: Agreements in connection with dredging between TOS and 1. Chesterfield Associates 2. Terry Contracting 3. Latham Sand and Gravel With respect to the above-referenced matter, I am enclosing an original, fully executed Agreement for your records together with the resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures RESOLUTION 2019-631 REcEIVED s� ADOPTED DOC ID: 15400 b THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTW'1g8.Wi431 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 16,2019: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County,New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y. CAPACITY DRAGLINE BUCKET OR 5/8 C.Y CAPACITY CLAMSHELL BUCKET # 1 1 DAY @ THREE THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS 35275 PER DAY (8 HOURS) $ PER DAY FURNISHING TOW BOAT # 2 1 DAY @ ONE THOUSAND FOUR HUNDRED SEVENTY FIVE DOLLARS 1 475 PER DAY (8 HOURS) PER DAY FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C Y. CAPACITY DRAGLINE 740 # 3 BUCKET OR 5/8 C Y CAPACITY CLAMSHELL BUCKET 1 DAY @ ONE THOUSAND SEVEN HUNDRED FORTY DOLLARS PER DAY PER DAY (8 HOURS) FURNISHING TRACK LOADER WITH BUCKET-9,000 LBS. # 4 1 DAY @ ONE THOUSAND TWO HUNDRED NINETY DOLLARS 1290 PER DAY (8 HOURS) PER DAY # 6 FURNISHING FRONT END WHEEL LOADER WITH 2-1/2 C.Y.CAPACITY BUCKET 1,340 1 DAY @ ONE THOUSAND THREE HUNDRED FORTY DOLLARS $ PER DAY (8 HOURS) PER DAY # 7 FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y CAPACITY BUCKET 15540 1 DAY @ ONE THOUSAND FIVE HUNDRED FORTY DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING EXCAVATOR WITH 1-1/2 C.Y CAPACITY BUCKET Resolution 2019-631 Board Meeting of July 16, 2019 # 8 1 DAY @ ONE THOUSAND FIVE HUNDRED NINETY DOLLARS 15590 PER DAY (8 HOURS) $ PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C Y CAPACITY DRAGLINE BUCKET OR 3/4 C Y CAPACITY CLAMSHELL BUCKET # 9 2 140 1 DAY @ TWO THOUSAND ONE HUNDRED FORTY DOLLARS 5 PER DAY (8 HOURS) $ PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y.CAPACITY BUCKET # 11 1 440 1 DAY @ ONE THOUSAND FOUR HUNDRED FORTY DOLLARS � PER DAY (8 HOURS) $ PER DAY # 14 FURNISHING 10 WHEEL DUMP TRUCK 1,190 1 DAY @ ONE THOUSAND ONE HUNDRED NINETY DOLLARS $ PER DAY (8 HOURS) PER DAY (NOTE. THERE IS NO MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM) FURNISHING OFF-ROAD ARTICULATED DUMP TRUCK - # 15 1 DAY @ TWO THOUSAND THREE HUNDRED NINETY DOLLARS 29390 PER DAY (8 HOURS) $ PER DAY Chesterfield Associates: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE # 5 FURNISHING DOZER WITH BLADE-13,000 LBS 1,550 1 DAY @ ONE THOUSAND FIVE HUNDRED FIFTY DOLLARS $ PER DAY (8 HOURS), PER DAY # 10 FURNISHING LONG REACH EXCAVATOR 2,950 1 DAY @ TWO THOUSAND NINE HUNDRED FIFTY DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y.CAPACITY 2 250 # 12 BUCKET 1 DAY @ TWO THOUSAND TWO HUNDRED FIFTY DOLLARS PER DAY PER DAY (8 HOURS) Terry Contracting: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y CAPACITY BUCKET 2 600 # 13 9 1 DAY TWO THOUSAND SIX HUNDRED DOLLARS $ Updated: 7/9/2019 10:53 AM by Michael Collins Page 2 l Resolution 2019-631 Board Meeting of July 16, 2019 PER DAY (8 HOURS) PER DAY i Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 7/9/2019 10:53 AM by Michael Collins Page 3 RECEIVED SEP 1 6 2019 -AGREEMENT }"Southold Town Clerk THIS AGREEMENT entered into this -5, day of S P, 9, by and between the Town of Southold, a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York 11971-0959, party of the first part (hereinafter called the "Town") and Chesterfield Associates, Inc., with an address at 56 S. Country Road, P.O. Box 1229, Westhampton Beach, NY 11978, party of the second part (hereinafter called the"Contractor"). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall furnish all the Equipment specified within a Town Purchase Order to "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" and shall coordinate the deliveries with the Town Engineering Department at 631-765-1560. AS DESCRIBED IN THE Bid Documents made and prepared by the Town of Southold, and Chesterfield Associates, Inc., and as set forth in the Contractor's Bid dated June 13, 2019, and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Equipment Specifications, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Bid Documents". SECOND: In payment for the services to be performed hereunder by Contractor, the Town shall make payments to Contractor upon receipt from the Contractor of a Purchase Order and signed voucher for such compensation evidencing the construction equipment and services provided in connection with dredging and other services within the Town of Southold. Payment will be completed provided Town has received said Purchase Order and voucher and has audited and approved same for payment. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of Section 118 of the Town Law which, in effect,prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Bid Documents to the contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money other than the amounts in said Bid Documents provided; and the failure of the Town or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Bid Documents, on any one or more -1-' instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Town to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Town may have against the Contractor under this Agreement or the Bid Documents. FOURTH: The Contractor covenants and agrees that this Contract shall remain in full force and effect for a period of two years from the date of this Contract,with a provision for a one year extension upon mutual agreement by both Town and Contractor. FIFTH: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk P.O. Box 1179 Southold, NY 11971-0959 With a copy to: Engineering Department Town of Southold P.O. Box 1179 Southold, NY 11971-0959 l911al) To Contractor: Seth A4en; Vice President P.O. Box 1229, 56 S. Country Road Westhampton Beach, NY 11978 SIXTH: The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b) Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence. -2- Property damage insurance in an amount not less than $100,000 for damage on account of all occurrences. Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all occurrences. The Contractor shall furnish the above insurance certificates to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. SEVENTH: The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor or the Contractor's Subcontractors and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's or Contractor's Subcontractors acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. EIGHTH: Neither Town nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part its interest under any of the Bid Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Town. NINTH: Town and Contractor each bind themselves, their partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Bid Documents. TENTH: The Bid Documents constitute the entire agreement between Town and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. ELEVENTH: The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or -3- (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in tlus contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit. TWELVETH: It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws,regulations or ordinances. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Town of Sout d By,- Scott-k. y:Scott . Russell, Supervisor ChestOld, socia s, ' By: Setice Presi nt -4� STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) L On the�L day of q£rin the year 2019 before me personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. C /l Yn� 'a h ' Notary Public LAUREN M. STANDISH Notary Public-State of New York No. 01 ST6164008 STATE OF NEW YORK) Oualified in Suffolk County ss.. Commission Expires April 9,2023 COUNTY OF SUFFOLK) On the I1ay of in the year 2019 before me personally appeared Seth A114n, personally known to me or oved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the i strument. i JANETA.DIOMEDE �ld� Notary Public,State of New York Notary Public Reg.No.01 D16077055 Qualified in Suffolk County Commission Expires Expires July 1,20,&L- -5- RESOLUTION 2019-631 ADOPTED DOC ID: 15400 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-631 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON ,JULY 16, 2019: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County,New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C Y CAPACITY DRAGLINE BUCKET OR 5/8 C Y.CAPACITY CLAMSHELL BUCKET # I I DAY @ THREE THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS 3,275 PER DAY (8 HOURS) $ PER DAY FURNISHING TOW BOAT # 2 1 DAY @ ONE THOUSAND FOUR HUNDRED SEVENTY FIVE DOLLARS 19475 PER DAY (8 HOURS) $ PER DAY FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C Y CAPACITY DRAGLINE 1,740 # 3 BUCKET OR 5/8 C.Y CAPACITY CLAMSHELL BUCKET 1 DAY @ ONE THOUSAND SEVEN HUNDRED FORTY DOLLARS PER DAY ,PER DAY (8 HOURS FURNISHING TRACK LOADER WITH BUCKET-9,000 LBS # 4 1 DAY @ ONE THOUSAND TWO HUNDRED NINETY DOLLARS 1,290 PER DAY (8 HOURS) $ PER DAY FURNISHING FRONT END WHEEL LOADER WITH 2-I/2 C Y CAPACITY BUCKET 1,340 # 6 1 DAY @ ONE THOUSAND THREE HUNDRED FORTY DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING FRONT END WHEEL LOADER WITH 4 C Y CAPACITY BUCKET 1,540 # 7 I DAY @ ONE THOUSAND FIVE HUNDRED FORTY DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING EXCAVATOR WITH 1-1/2 C.Y CAPACITY BUCKET Resolution 2019-631 Board Meetin of July 16, 2019 # 8 1 DAY @ ONE THOUSAND FIVE HUNDRED NINETY DOLLARS 19590 PER DAY (8 HOURS) $ PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C Y CAPACITY DRAGLINE BUCKET OR 3/4 C Y CAPACITY CLAMSHELL BUCKET # 9 2 140 I DAY @ TWO THOUSAND ONE HUNDRED FORTY DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C Y CAPACITY BUCKET # " 1 440 1 DAY @ ONE THOUSAND FOUR HUNDRED FORTY DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING 10 WHEEL DUMP TRUCK 1,190 # 14 1 DAY @ ONE THOUSAND ONE HUNDRED NINETY DOLLARS $ pER DAY PER DAY (8 HOURS) (NOTE THERE IS NO MOBILIZATION OR DEMOBILIZATION FOR THIS ITEM) FURNISHING OFF-ROAD ARTICULATED DUMP TRUCK - # 15 1 DAY @ TWO THOUSAND THREE HUNDRED NINETY DOLLARS 2390 PER DAY (8 HOURS) $ PER DAY Chestei ield-Associate ,." 'lipNw - ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING DOZER WITH BLADE-13,000 LBS 1,550 # 5 1 DAY @ ONE THOUSAND FIVE HUNDRED FIFTY DOLLARS $ pER DAY PER DAY (8 HOURS) FURNISHING LONG REACH EXCAVATOR 2,950 # 10 1 DAY @ TWO THOUSAND NINE HUNDRED FIFTY DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C Y CAPACITY 2,250 # 12 BUCKET 1 DAY @ TWO THOUSAND TWO HUNDRED FIFTY DOLLARS PER DAY PER DAY (8 HOURS) Terry Contracting: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y CAPACITY BUCKET 2,600 # 13 $ 1 DAY TWO THOUSAND SIX HUNDRED DOLLARS Updated: 7/9/2019 10:53 AM by Michael Collins Page 2 Resolution 2019-631 Board Meeting of July 16, 2019 PER DAY (8 HOURS) PER DAY Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 7/9/2019 10:53 AM by Michael Collins Page 3 TOWN OF.SOUTHOLD., _ Clteste" e1dAssociates;--•�.nr., FUI�NISI _HEAVY 'O'UIPMENT WITH IOPEIATOR,, IN -CONNECTION�? 'TH -- . — ;DREDGING AND MRER SER` ' CES 'UNIT TOWN _OF.SOU x..- a THOLD SOUTHOLD-I,SUFFOLK:CO.UNTY,,NEW,,YORK. « oz,� {' t� r r�n��`r f � � •r i � f , f - ,Puenurc�ch_13i�:� TOWN OF SOUTI�OLD, Engineering Department 53095 Main,Road Southold,New York 1 1971 Nla��3U,2(119 (631)765-1560 TOWN OF SOUTHOLD, 53095 MAIN ROAD, SOUTHOLD,-NEW YORK 11971 PHONE: 631-765-1560/FAX: 631-765-9015' INVITATION TO_DID NOTICE IS HEREBY GIVEN THAT SEALED - PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY,EQUIPMENT-WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning,May 30, 2019 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD June 13,2019 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins,,P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS 1N SEALED ENVELOPES.- PLEASE PRINT ON THE FACE OF ENVELOPE: l)NAME&ADDRESS OF BIDDER 2)BID NAME It is the bidder's responsibility to read the attached Bid Specifications; Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder,has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. 1 The Town of Southold requires that this'document be returned intact and that it be fi I led out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for.,,,,.ir records. J A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by ' either money order,cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. t INSTRUCTIONS,TO IiIDD1;RS' rNT)EX I. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Rejection of Bids 4. Bidders Responsibility 5. Bid Reservations 6. Non-Collusive Statement 7. Addenda and Interpretations 8. Method of Award 9. Single Price Bid Analysis 10. Municipal Exempt Status 11. Labor Law 12. Wage Rates 13. Insurance Required by the Town of Southold 14. Quantities 113- 1 Jrt .TABLE OF CONTENTS TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD Title Page Invitation to Bid - Table'of Contents ;�..... Instructions to Bidders = IB-1 thru 1B=5 Standard Insurance Requirements : SIR 1 thru SIR 3 Proposal Form Package Pages I— 11 p INSTRUCTIONS•TO,BIDDERS H• 1. 1lRE CEIPT,AND-6P1✓NING•OF-BIDS The Town of Southold invites bids on the forms herein provided to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services Within the Town of Southold, New York. Sealed bids shall be received by the office of the Southold Town Clerk,53095 Route 25 Southold,New York 11971, no later than 2:00 P.M. prevailing time on.Thursday, June 13a', 2019,at which time they will be opened and publicly read aloud. All bids received.after the time stated for the opening in the Notice to Bidders may,not be considered and will be returned unopened to the bidder."The-bidder assumes the,risk,of any delay in the mail or in the handling of the mail by employees of the Town.Whether sent by mail or by means of personal delivery, the bidder assumes responsibility, for having his bid deposited on time at the place specified.Faxed bids will not be accepted. 2.F41R1V1.PREPARATION-ANIb PRESENTATION:OF-PROPOSAL The Proposal Form as issued by the Town shal I be completely,filed,in,,in black ink or typed on the original bid form.No photocopies will be accepted.All blank spaces for>bid prices must be filled in, in both words and figures,with a total or gross sum for which the bid is••inade.All lines must have an indication of the bidder's response whether it be "0", "N/A",`�To Charge", or a dollar figure. All lines must be filled.in;to indicate,bidder's,acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal•form,may.be disqualified as a,non-responsive bid. We cannot assume,there.is "no charge",when lines are left,;empty}Bids that contain any omission, erasure,alteration, addition.or.items.not called for,in ttie itemized bid form or that contain irreguiarities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, thesunit peicq,as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for,award. 3. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b)The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive _any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. IB-2 INSTRUCTIONS TO BIDDERS '4. BIDDERS RESPONSIBILITY, (a)Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement'and having "Made,themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because'of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or,in the itemized form of bid, which'are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation,is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c)The submission of a bid,will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d)Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid-prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e)The Bidder shall assume all risks and responsibility and shall complete the,vuork in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (0 No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation,or for an extension of time. 5.BID_RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This t period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 6.NON-COLLUSIVE STATEMENT. The form of non-collusion bidding certification contained in the proposal package must, be' executed by the Bidder and submitted with the proposal. The submission .of this statement certifies that the prices ifh this bid have been arrived'at independently without collusion, 1B-3 INSTRUCTIONS ATO'BIDDERS, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 7.,ADDENDA AND°INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold, 53095 Main Road Southold, New York 1197I (fax) 631-765-9015, and to be given anyconsideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and.will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. S. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will-best 'pomote the public interest, taking into consideration the reliability of the bidder,the quality of the materials, equipment,or supplies to be furnished,and conformity with the specifications. 9.,SWGLE'PRICE-BID ANAJt;rd1 , In the event a single bid is received,the Town will conduct a price analysis of the;bid price prior ' to the award of the contract. 10.MUNIOIPALIMMPT+STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 11—LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended,of the State ofNew York. Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 12.,WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the ,Labor Law, which shall be paid on this project, are set forth herein following the Instructions to 'Bidders, Contractors and subcontractors are required to submit to the Town, within thirty days after IB-4 INSTRUCTIONS.TO BIDDERS; issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records,subscribed and affirmed as true under the penalties of perjury. 13. INSURANCE REOUIRED.BY THE_TOWN'OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance,as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (� Disability Insurance and Unemployment Insurance 14. QUANTITIES Any quantities set forth in the bid specifications are approximations only.No guarantee is made for any,quantities stated.Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. 113-5 STANDARD'INSURANCE,REQUIREMENTS• TOWN OF-SOUTHOLD CONTRACT iNSURAINCE-REOUIRREMEIVTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES ;1<NDEI'EPIIDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant,•is an independent C'ontractor-and"covenants and-agrees that it, its agents, servants and/or,employees will neither hold itself/themselves out as, nor claim to be an employee, servant or,agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable•to an officer or employee of the TOWN OF S,OUTHOLD including,.but not limited to Worker's Compensation coverage, Unemployment.Insurincel benefiti, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS'.-COMPENSATION: Contractor/vendor shall take out-and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from,any-other claims-foe,property damage an&4br personal.injury including death,-which may arlse-from operations--under;this'contrit&i,whether,''such ' operations by contractor,orr,by any'ottier,party directly or indirectly employed;bythe,contractor.Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE& UNEMPLOYMENT. INSURANCE:-Contractor/vendor shall take out and maintain driving the entire term of the contract any disabilitylbenefltsgand unemployment insurance as required by law.Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall takeout and maintain'during the ,'of the contract,such bodily injury liability and property damage liability•insurance as shall,protect him and the Town from claims for damages,for bodily injury-including accidental-death,as-well as from claims for property damage which may arise from operations under.this contract,-whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below., These amounts are specified only to establish the minimum coverage acceptable. y Bodily injury liability and' property damage liability insurance in an amount not ,less than ; $1,000,000 (one million dollars) for damages on account of any one accident,°and in'an amount of not less than$1,000,000(one million dollars)on account of all accidents(general aggregate). 1 EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/umbrella insurance policy in an amount of not less than $2,000,000(Two million dollars)each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS. OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY 1NS1JRANCE• 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations A'UTOMMOBILE LIABILITY INSURA'NC'E: Automobile bodily injury liability and property damage liability insurance shall-be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). ATHER CONDITIONS OF AUTOMOBILE'LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE' LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONALfONDITIONS OF INSURANCE: I. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERT-1F1CATE QE INSURANCE: The contractor/vendor shall file with the Town of'Southold prior to commencing work under this contract,a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company naive D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR-2 � 1 STANDARD•INSURANCE,,REQUIREMENTS, Description:of oper`ations/locatioris%ta.Box mint include„tiie'stateineiit:` — ` ��`eN haY.9• .a i.ff... -..i+� ..,'.1' - - .1., f�`� �:=i'l,•.'y}ih�;c:.. AiiT„Y •' #� "ITNE•TOWgkO�,'SOUTHOLD,IS IS'�'ED AS'ADDITIONAL aNS,URED> CERTIFICA• HOI DER SI YAY;L,I E LISTED AS ;' y °vi',`••.;•i xf,( '✓•,a}^Y sv> _ *C ' TwOWN_.OF=;S.O', g/j�'H01;D. `rti :'•• ' •s:.�e e ^•.• f.: • -G1::•_i< :4 C:: •:i'Yi S:^.si:a}:3y`,taL'.�t2id y( .rh, '=. %� , t . yf .,. x,f�Ni ...x.'.- ..y,.r, r'.,. 3 f, ' I ws. ''S3 95i `'"- %rx , �'=: :'„ ��E-" 0 �•1VIA;IN'ROAD'� i; , ihOlL.W�'l�:i':y'"1 •li�,.. _ _ - ,�<<. > ^?fµ•"..., :�#;!.:'(.a�in: :,':•M�"t?`., ,ti '., +;-. •-y'.�i:; ...1.'• 't_ 1•.y:f„ 't.fa , -.TYe•�C£� :^•�'+' -rt::a-'" -id,:., • � �:�R••- i'��•'.ya,?{-}i ci:s r'lµ�,:d '�..r , t -� a..tf ;'•r.�E.( ..W', :ir.:a,: ,t..x...t:V.•,.:, ta•-'fi.�1•,•:..:;.c'..1.ifd. 2. If the contractor's/vendor's insarance_policies should be!non-renewed, cancelled or expire during the life of the contact, the Town°,shali be provided witWja new`certificate indicating the replacement policy, information' as requested above. Thirty days (30)-prior written notice to the Town of Southold for cancellation is applicable. . ' k ' d SIR-3 t Town,-of Southold "Furnish Heavy Equipment with Operator in Connection with .Dredg ng,- and Other Services within the Town of Southold" PROPQSAL PACKAGE BID, OPENS: June 13, 2019 REMINDEA, NOTEi VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! 1 y Proposal Package I of 11 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. [� Notarized Affidavit ofNon-Collusion as required by NYS Law. As per specifications,the Town of Southold requires a current insurance certificate,'with the Town of Southold listed as additional insured,to be on file in the Purchasing Department. You will be given ten(10) business days' from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Assumed Name Certification. t • i } Proposal Package 2 of I I VENDOR NAME: Chesterfield Associates,Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-2467864 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 1978 IF APPLICABLE: DATE FILED: 08/16/1978 STATE FILED: New York If a non-publicly owned,Corporation: 1 (1 CORPORATION,NAI1%tE: C�eS�eC�Net HSSoC,�UAeS LIST PRINCIPAL STOCKHOLDERS: (5%of outstanding shares) Please see attached list of Stockholders/Owners LIST OFFICERS AND DIRECTORS: NAME TITLE Please see attached list of Stockkiolders/Owners If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS- RECORD' ]FORM, MAIL BID TO: VENDOR NAME: - Chesterfield Associates,Inc. ADDRESS:..=56 S Country Road,PO Box 1229_,;_ '.`Westliampton'Beach,NYT1978- CONTACT:,--.Seth-Allan- TELEPHONE: _.Seth-Allan_TELEPHONE: _631-288-5100,. ____ _.. -_ -__- .:FAX; 631-28&5161--' - E-MAIL:__info@ca-inc.net,,-, ONLY If differenta. MAIL PURCHASE ORDER TO:. ' ADDRESS: PO Box 1229- Westhampton Beach,NY 11978 TELEPHONE: 631-288-5100 _FAX: 631-288-5161 CONTACT: Seth Allan _ E-MAIL: info@ca-inc.net. ONLY if different- ' MAIL PAYMENT TO: ADDRESS: PO Box 1229 Westhampton Beach,NY 11978 TELEPHONE: 631-288-5100 =FAX: 631-288-5161 CONTACT: Seth Allan _E=MAIL: info@ca-inc.net , h J • 3 r Proposal Package 4 of 11 VENDOR NAME! Chesterfield Associates,Inc. ASSUMED NAME-CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the-"bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that,stich interest be revealed when they do bid.) INSURANCR STATE'NIIENT. Bidder agrees as follows-please mark appropriate box: Insurance Certificate as requested is attached ' I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DAM— FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL SQ_ UALIFY BI/DDER. AUTHORIZED;SI„ NATURE Seth Allan,Vice President Proposal Package 5 of 11 AFFIIDAVIT UF:rNON ot6t US]iON I hereby attest that I am the person responsible-within my firm for the final decision as to the prices(s)and amount of this bid or, if not,that I have written authorization,enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: I. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will'not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered.or entered into a subcontract or agreement regarding the purchase of materials or services`from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person,whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract'or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so,on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication,consultation, discussion,agreement,collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. T40 he; rso Mi ,, under the penalties of perjury,affirms the truth thereof.SWORN TO BEFORE ME THIS 5ignofure_&-Company Positio ' - � ' - f h Seth Allan,Vice President J%A^�- - Type Nome&Company Position DAY OF 20-d— _-Chesterfield Associates,Inc. AA Company Name ' I NOTARY PUBLICi'� _06/11/2019 JANETA.DIOMEDE Date Signed - Notary Public,State of New York Reg.No.01DI6077055 11-2467864 Qualified in Suffolk County Federal J.D.Number commission Expires Expires July 1,20 Zz Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging.and Other Services within the Town of Southold VENDOR NAME: -„Chesterfield Associates,Inc. ' VENDOR ADDRESS: PO Box 1229,56 S. Country Road Westhampton Beach,NY 11978 TELEPHONE NUMBER:_ 631-288-5100 FAX:, 631-288-5161 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the,requirements of the Engineer,at the prices listed on the attached Bid Proposal Form. f If the bidder is an individual, the bid must be signed by that individual; 'if the bidder is a ,corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the'bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should'be disclosed'below. It is,not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts,but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum,No. Dated ? Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT-PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment,supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated: Should the amount of work required by the issuance of a Town Purchase Order,be Increased or decreased,the undersigned accepts the unit price bid as full compensation for furnishing all labor,supplies,equipment and other related. items necessary for the proper functionality of the equipment being furnished.,,All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. 'these unit prices shall remain in effect for a period of Two(2)years from the date of the contract with the option of One(1)year extension upon the mutual agreement of both the Town and the Contractor. PAYNIENT'FOR MOBIL'IZATION�AWDEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS- Mobilization: One-quarter(1/4)day's unit bid price daily rate Demobilization: One-quarter(1/4)day's unit bid price daily rate „ Proposal Package 8 of 11 Chesterfield Associates,Inc. Furnish Heavy Eaulpmentwith•Oneratoi in Connectionyiith'Wadging and Other Services within the Town--of-Southold Itemized Proposal for, Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written In Words) -DOLLARS-- ' CENTS-- Barge Mounted 15 Ton Crane with 5/8 C.Y.Capacity Dragline Bucket or 518 C.Y. 1Capacity Clamshell Bucket roar- Five_Thousand Two Hundred Dollars and Zero Cents /DAY(e HOURS) s 5,200 00; _Dollars Cents PER DAY Furnishing Tow Boat 2 fkiP Thiee�Tliousand_Seven-HundredFiFty'Dollars-arid;Zero:Cent's; Jp Y(8 HOURS) $ 3,750 00 Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C.Y.Capacity Dragline Bucket or 618 C.Y,_ 3 Capacity Clamshell Bucket for Two Thousand One Hundred_ Fifty Dollars and Zero Cents _ /DAY(8 HOURS) $ 2,150 00 s Dollars Cents PER DAY r Furnishing Track Loader with Bucket-9,000 lbs 4 fo► One Thousand Four Hundred Twenty-Five Dollars and Zero Cents ;1DAY(8 HOURS) 1,425 00 Cents = _-__ PER DAY Fumishing Dozer with Blade_-13,0001bs.� for,-One'Thousan'd Five,Hundred'riCty`D'ollars-anii:Zero,Cents IDAY(8 HOURS) $ 1,550 00- — Dollars _-- — ___Cents PER DAY Fumishing Front End Wheel Loader with 2-1/2 C.Y.Capacity Bucket 8 ' for,One Thousand Seven I•_lundred Twenty-Tive Dollar's and Zero 1COnts _ /DAY(8 HOURS) $ -1,725 _i00' Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C.Y.Capacity Bucket 7 for One Thousanil'Eight kindred FiAyDoilars and;Zero Cents _ [DAY(8 HOURS) 3 1,850 ,00 i Dollars Cents PER DAY Furnishing Excavator with 1-112 C.Y.Capacity Bucket s for T ),Thousand Twen(y-Five D'ollarc ahAZero`Ceiits 1DAY(e HOURS) $ 2;025 .00' - Dollars -_ Cents- _PER DAY Fumishing,120 Ton Crawler Crane with 3/4 C.Y.Capacity Dragline Bucket or 3/4 C.Y; 9 Capacity Clamshell Bucket ..for. Two Thousand Three Hundred Fiffy Dollars and Zero CentslOAY(9 HOURS) $ 2,350 00 Dollars Cents PER DAY Proposal Package 9 of 11 �Furriish H©nvv.Enuipineintwith-O'pe'rator in Connection with Dredging and�Other Services withih the Town oUSout hold Itemized Proposal for. Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill In Unit Price Written in Words) _ _ _ DOLLARS CENTS i ' F�uml`slif'n®Long Reach E,xcavator� Two-Thousaibd'Niiie-,I-iuiidred,Fift` Dollars arid,Zcro-Cents 'Z950< 00 for Y. .. NAY(8 HOURS) $, Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for Two Thodsdrid'Twenty=fiveDollars arid;ZerofC hts IDAY(8 HOURS) $ 2,025 00 Dollars Cents PER DAY Furnls_Fiing dr-"er-Mounted FromEnd:Load6 wW3 e.Y.`Capadty Bucket-? 1272 for Two Thousand Two Hundred FiftyDallars'and.Zero Cents NAY(8 HOURS) $ 2,250 '00 Dollars ',.Cents PER DAY - Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket 13 for 'TlireeThousind•NihdHund'adDollnrs^ui&Zeco_Cents 0"'(8 HOURS) $ 3,900 00 - Dollars__ : " Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for One Thousand'Flye H_undred'rw,cniy*!w Dollars,an_d Zern,dents - fpAY(8 HOURS) $ 1,525 00 Dollars Cents. PER DAY `. 'Furnishing Off-Road Articulated Dump Truck 16 for Three Thousand One Hundred Dollars and Zero Cents /DAY(8 HOURS) S 3;100 00 Dollars Cents ?. PER DAY Proposal Package 10 of 11 i I Ne AUTHORIZED SIGNATURE PRINT NAME Seth Allan TITLE Vice President DATE 06/11/2019 ACKNOWLEDGMENT STATE,OF NEW YORK, COUNTY OF__Suffolk -)Ss.: On the 11 day.of_,lune _ --__.-in the year 2019 before me, the undersigned, personally appeared, 'Seth'-Allaii - personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose name(s)- is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their .-;apacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. Q- �.�--y TARY.PUBLIC JAtJHI`-PIQMEQE'.. Notary',P6b1ic;-Stale 6UNWI-YO Reil_ND: AFFIDAVIT OF SOLE SHAREHOLDEIR•EN`TITLED-TO'VOTE', CHESTE,RFIEED ASSOCIATES;INC. STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) E. DAVIES ALLAN,being duly sworn,deposes and says: 1. I am the President and the.sole owner of stock entitled to vote of Chesterfield Associates,Inc., a New York Corporation(hereinafter the"Chesterfield")with offices located at 56 South Country'Road,Westhampton Beach,New York 11978,and I make this affidavit to induce the Office of Consumer Affairs of the County of Nassau to proceed with the issuance of a Home Improvement License to the Chesterfield. 2. Chesterfield was formed on August 16, 1978,on which date its Certificate of Incorporation was.filed with the State of New York Department of State. ,3. I believe the Filing Receipt for the Certificate of Incorporation has been lost or misplaced. As a result,I am having delivered to the Office of Consumer Affairs of the County of Nassau together with this Affidavit a certified copy of•the,filed Certificate of Incorporation, which demonstrates the date on which Chesterfield was duly incorporated. I am also having delivered a recently issued Certificate of Good Standing,which demonstrates Chesterfield's good standing in the State of New York,as of December 2009. 4. I also believe that certain corporate minutes and written shareholder and director consents have been lost or misplaced. To my knowledge, Chesterfield's corporate book contains all the minutes of meetings of'shareholders and directors,as well as certain written consents of 1 i$ shareholders and directors, from their initial meetings on August 31, 1978,through and including- January 5, 1993. The corporate minutes and written shareholder and director consents from ' January 5, 1993, through May 24, 2007,have been lost or misplaced. r AFFIDAVIT OF SOLE SHAREHOLDER ENTITLED TO VOTE OF CHESTERFIELD.ASS,OCIATES,INC. STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) E. DAVIES ALLAN,being duly sworn, deposes and says: 1. I am the President and the sole owner of stock entitled to vote of Chesterfield Associates, Inc., a New York Corporation(hereinafter the"Chesterfield")with offices located at 56 South Country Road, Westhampton Beach,New York 11978,and I make this affidavit to induce the Office of Consumer Affairs of the County of Nassau to proceed with the issuance of a Home Improvement License to the Chesterfield. 2. Chesterfield was fomned on August 16, 1978,on which date its Certificate of Incorporation was filed with the State of New York Department of State. 3. I believe the Filing Receipt for the Certificate of Incorporation has been lost or misplaced. As a result,I am having delivered to the Office of Consumer Affairs of the County of Nassau together with this Affidavit a certified copy of the filed Certificate of Incorporation, which demonstrates the date on which Chesterfield was duly incorporated. I am also having delivered a recently issued Certificate of Good Standing,which demonstrates Chesterfield's good standing in the State of New York as of December 2009. 4. I also believe that certain corporate minutes and written shareholder and director consents have been lost or misplaced. To my knowledge, Chesterfield's corporate book contains all the minutes of meetings of shareholders and directors, as well as certain written consents of shareholders and directors, from their initial meetings on August 31, 1978,through and including January 5, 1993. The corporate minutes and written shareholder and director consents from January 5, 1993,through May 24, 2007,have been lost or misplaced. � t 5. On May 11,2007,the Certificate of Incorporation of Chesterfield was amended to,among other things, increase the number of shares to 1,000,create two classes of shares with 1 voting share and 999 non-voting shares, and to add a new paragraph (7)to Chesterfield's- . Certificate of Incorporation to read as follows: (7) The-number of the Board,of Directors of the Corporation shall be zero. The business ofyihe Corporation shall be managed by the shareholders by a vote of a majority of the outstanding shares entitled to'vote. Each share certificate now or hereafter held by a shareholder shall clearly state that the business of the Corporation shall be managed'by the shareholders entitled to vote. 6. I am having delivered to the Office of Consumer Affairs of the County of Nassau together with this Affidavit a certified copy of the filed,Certificate of Amendment to the Certificate of Incorporation of Chesterfield Associates,Inc.,which was filed on May 11,2007. 7: ' From May'24,2007, through-the date'hereof,I have been the sole owner of the one(1),share of voting,stock of Chesterfield, and there have been four(4) shareholders holding non-voting stock of Chesterfield,namely: A. The Dodge Trust c/o Alexander Thomas Allan 49 Seashore Avenue P.O. Box 241 East Quogue;New York 11942 b. The Island Trust c/o Seth Davies Allan 74 Eisenhower Drive ;. East Quogue,New York 11942 F C. Jeffrey E. Grube 756 Hamilton Avenue Westhampton Beach,New,York 11978 d. JeanMarie LaVallee 152 Dahlia Drive -Mastic Beach, New York 11951 2 8. From May 24,2007, through the date hereof,there have been no directors of Chesterfield because the Certificate of Amendment to the Certificate of Incorporation of Chesterfield Associates, Inc.,which was filed,on May 11,2007,set the number of directors to zero and further states that"the business of the Corporation shall be managed by the shareholders by a vote of a majority of the outstanding shares entitled to vote." 9. All persons that were directors of Chesterfield prior to May 24,2007,have resigned and Chesterfield has accepted their resignations. 10. From May 24,2007,through the date hereof,the officers of Chesterfield have been and are: Name•'of,.Officer Title E.Davies Allan President Alexander Thomas Allan Vice President Seth Davies Allan Vice President Jeffrey E.Grube Secretary and Treasurer 11. By virtue of the fact that I am the sole holder of shares entitled to vote, there,have been no annual meetings of shareholders and thus no annual minutes of meetings. Instead, in accordance with Section 615(a) of the New York Business Corporation Law, I have executed written consents that elect officers of Chesterfield on an annual basis. E." 1E5`ALLAN Sworn to before me on this day of December, 2009. 5 Notary ubli'c JANET A.OIOMEOE" N&jry Pabk State of Nero yOdU 'No.,O1CU6077055 Qualifled in SuffalA Co Tartti,f�pi�JULY 1,20_ 3 WRITTEN CONSENT OF THE SOLE SHAREHOLDER HOLDING VOTING SHARES OF CHESTERFIELD ASSOCIATES,INC. The undersigned,being the sole holder of voting;shares of CHESTERFIELD ASSOCIATES,INC., a New York corporation(the"Corporation"), does hereby consent to the adoption of the following resolution by written consent,pursuant to Section 615(a)of the New I York Business Corporation Law: RESOLVED,that the following persons are hereby elected to serve at the pleasure of the Board of Directors in the offices of the Corporation set opposite their respective names in accordance with the Bylaws of the Corporation and until their respective successors have been elected and qualified: E. Davies Allan—President Alexander Thomas Allan—Vice President Seth Davies Allan—Vice President Jeffrey E.Grube-Secretary and Treasurer RESOLVED, that the officers of the Corporation,and each of them, are hereby authorized and empowered, in the name and on behalf of the Corporation,to execute such documents and to take such additional action as they or any of them may deem necessary or desirable in order to implement the intents and purposes of all of the forgoing resolutions. RESOLVED,that a facsimile signature to this consent shall be deemed to be an original for all purposes. IN WITNESS WHEREOF,the undersigned have iexecuted this Written Consent as of January 2,2009. I i l + E.- avi'es Allan i i i i estertield Contractors & Engineers ssocia' eS Shoe 1968 InCP.O. Box 1229 • Westhampton Beach,NY 11978 . phone:631-288-5100 • fax:631-288-6161 E-mail:Info@ca-Inc.net www.ca4nc.net Stockhdders/Officers, The following is a list of shareholders/Corporate officers of Chesterfield Associates, Inc. with their home addresses: E. Davies Allan, President (only voting share) 123 West Shore Road, Westport Island, ME 04578 Date of Birth: 07-13-1940 Seth Allan, Vice President (40%) 56 South Country Road, Westhampton Beach, NY 11978 Date of Birth: 12-06-1962 Alexander T. Allan, Vice President (40%) 49 Seashore Avenue, East Quogue, NY 11942 Date of Birth: 10-03-1966 JeanMarie LaVallee, Vice President (5%) 48 Bay Run, JamesportNY 11947 Date of Birth: 11-21-1968 Jeffrey E. Grube, Secretary/Treasurer(15%) 136 Dahlia Drive, Mastic Beach, NY 11-951 Date of Birth: 12-06-1957 New England Division: 123 West Shore Road•Westport Island, Maine 04578•phone: 207-882-5400•fax: 207-882-9308 RECEIVED SEP 1 6 2019 AGREEMENT Soutliold Town Clerk THIS AGREEMENT entered into this -5 day o M— , 2019, by and between the Town of Southold, a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York 11971-0959, party of the first part (hereinafter called the "Town") and Terry Contracting & Materials, Inc., with an address at 116 Osborne Ave., Riverhead, New York 11901, party of the second part (hereinafter called the "Contractor"). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall furnish all the Equipment specified within a Town Purchase Order to "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" and shall coordinate the deliveries with the Town Engineering Department at 631-765-1560. AS DESCRIBED IN THE Bid Documents made and prepared by the Town of Southold, and Terry Contracting & Materials, Inc., and as set forth in the Contractor's Bid dated June 13, 2019, and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Equipment Specifications, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Bid Documents". SECOND: In payment for the services to be performed hereunder by Contractor, the Town shall make payments to Contractor upon receipt from the Contractor of a Purchase Order and signed voucher for such compensation evidencing the construction equipment and services provided in connection with dredging and other services within the Town of Southold. Payment will be completed provided Town has received said Purchase Order and voucher and has audited and approved same for payment. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of Section 118 of the Town Law which, in effect,prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Bid Documents to the contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money other than the amounts in said Bid Documents provided; and the failure of the Town or its agents to insist upon strict performance of any of the teens, covenants, agreements, provisions or conditions in this Agreement or in the Bid Documents, on any one or more -1- instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Town to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Town may have against the Contractor under this Agreement or the Bid Documents. FOURTH: The Contractor covenants and agrees that this Contract shall remain in full force and effect for a period of two years from the date of this Contract with a provision for a one year extension upon mutual agreement by both Town and Contractor. FIFTH: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk P.O. Box 1179 Southold,NY 11971-0959 With a copy to: Engineering Department Town of Southold P.O. Box 1179 Southold,NY 11971-0959 To Contractor: James C Terry, Co-President Terry Contracting & Materials, Inc. 116 Osborne Ave., Riverhead,New York 11901 SIXTH: The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b) Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than$2,000,000 on account of any one occurrence. -2- Property damage insurance in an amount not less than $100,000 for damage on account of all occurrences. Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all occurrences. The Contractor shall furnish the above insurance certificates to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. SEVENTH: The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor or the Contractor's Subcontractors and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's or Contractor's Subcontractors acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. EIGHTH: Neither Town nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part its interest under any of the Bid Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Town. NINTH: Town and Contractor each bind themselves, their partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Bid Documents. TENTH: The Bid Documents constitute the entire agreement between Town and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. ELEVENTH: The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or -3- (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or (f) The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit. TWELVETH: It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws,regulations or ordinances. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Town of South ld By: Scott A. ussell, Supervisor Terry Contracting&Mate By: s C Terry, Co- reside -4- Property damage insurance in an amount not less than $100,000 for damage account of all ccurrences. Commercial auto liability insurance in an amount not less than $50 ,000 for damage on acco t of all occurrences. Th Contractor shall furnish the above insurance certificates to the own and shall also name the Town a an additional named insured in said policies. (c) accident shall be reported to the office of the To Clerk as soon as possible and not ter than twenty-four (24) hours from the time such accident. A detailed written report ust be submitted to the Town as soon the after as possible and not later than three(3) ays after the date of such accident. SEVENTH: The ontractor agrees to indemnify an save the Town, its officers, agents and employees harmless from y liability imposed upon the own, its officers, agents and/or employees arising from the negligence, ctive or passive, of the Co ractor or the Contractor's Subcontractors and from and against any dam es, claims,or expense including reasonable attorney's fees, arising out of Contractor's breach of the greement or from ontractor's or Contractor's Subcontractors acts or omissions outside the scope of a Agreement or 'sing out of claims or actions by third parties against Contractor by virtue of his p ormance of is Agreement. EIGHTH: Neither Town nor Con actor shall, without the prior written consent of the other, assign or sublet in whole or in part its in t under any of the Bid Documents; and, specifically, Contractor shall not assign any monies due to become due without the prior written consent of the Town. NINTH: Town and Contractor e ch bind th selves, their partners, successors, assigns and legal representatives of the other party ereto in respe to all covenants, agreements and obligations contained in the Bid Documents. TENTH: The Bid Docum is constitute the entire a eement between Town and Contractor and may only be altered, amendi or repealed by a duly exec ed written instrument signed by both parties. ELEVENTH: The T n shall have the right to stop work or t inate the Contract if. (a) The Contr for is adjudged bankrupt or makes an asst ent for the benefit of creditors; r (b) A rete' er or liquidator is appointed for the Contractor or for an f its property and is not d' missed within 20 days after such appointment or the proce .ngs in connection ther with are not stayed on appeal within the said 20 days; or (c) e Contractor refuses or fails to prosecute the work or any part ther with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the wor , or -3- STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the_0 day of in the year 2019 before me personally appeared Scott A. Russell, personally known to me o proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. f� 11)U a 7Yi rd fn-- �, Notary Public LAUREN M.STANDISH Notary Public-State of New York No.01 ST6164008 Qualified in Suffolk County STATE OF NEW YORK) Commission Expires April 8,2023 ) ss.. COUNTY OF SUFFOLK) On the(! day of RU USs' in the year 2019 before me personally appeared James C Terry, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. L4 1 Notary Public HEIDI STRANO NOTARY PUBLIC-STATE OF NEW YORK No. 01 ST6294532 Qualified In Suffolk County My Commission Expires December 23, 2014 -5- J TOWN OF SOUTHOLD FURNISH I EAVY E UIPNIENT WITH OPER RA OR CONNECTION WITH :DREDGING AN D OTHER SERVICES WIT - TIE TOWN OF S OUTHOLD SOUTHOLD, S FOLK COUNTY,NEW Y iii °l4 C;i s _IfgUAI A85 Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 May 30,2 9 (631)765-1560 TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD SOUTHOLD, SUFFOLK COUNTY,NEW YORK PreparedBy: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York ] ]971 May 30,2019 (63 1) 765-1560 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning May 30, 2019 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD June 13,1019 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-5 Standard Insurance Requirements SIR 1 thru SIR 3 Proposal Form Package Pages 1 — 11 INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Rejection of Bids 4. Bidders Responsibility 5. Bid Reservations 6. Non-Collusive Statement 7. Addenda and Interpretations 8. Method of Award 9. Single Price Bid Analysis 10. Municipal Exempt Status 11. Labor Law 12. Wage Rates 13. Insurance Required by the Town of Southold 14. Quantities 113 - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services Within the Town of Southold, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, June 13`h 2019, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.Faxed bids will not be accepted. 2.FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures,with a total or gross sum for which the bid is made.All lines must have an indication,of the bidder's response whether it be 11011, "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and 'total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b)The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. IB -2 INSTRUCTIONS TO BIDDERS 4. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d)Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 5.BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 6.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been afrived at independently without collusion, IB -3 4 INSTRUCTIONS TO BIDDERS consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 7. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 8. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 9. SINGLE PRICE BID ANALYSIS In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 10.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 11. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 12. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after IB -4 INSTRUCTIONS TO BIDDERS issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 13. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 14. QUANTITIES Any quantities set forth in the bid specifications are approximations only.No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 5 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract,such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR - 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000 (one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR - 2 STANDARD INSURANCE REQUIREMENTS :eDescra tion;ofo eratiops%locatio�nsletc;Box;mus> include,the statement: I HExT0NOF'StOUTHKOLD{ISLIS{TEDASADDITIONAG INSURED, ,. . �,;-..;�� t�Y spy"s}R.:n 4£}f",c -r.n,.,�:, - - >a'S%.?:3�s�e..cd,>>:..-^�i:i• p?5'. �. y`s. \r:w�.tJ`„t'Y:},,,.;-i.?s.:t, c.*..,.m� f„:' i.�`s:":.i� `�, ,;.t u� ,?,��, :.c'3,•• ��:.§y:4�'':z♦/,n-:�, `�/T:'� --''":F"�` ,����'�:t,Yj -�ks�.;""S`:L;'<c�� �.r��o, r`r:%Y. ,lf.�*r �:i"'..,,..•..,�..f`,.: " c>.,: '`� r� w�:.��`��: ;.:.,:, �;�,v,�..�, -�3�z: 951�1A�IN;�RO.AD....>,:{�= �,��� �,, �-• .,- ., s�" r,;.:z` "c4- .9'i'f�..:w;...,„ - .,,r `:�'�' a•.z> t�.4�..r'":4%.,;:....I '�.,�y'..;a���} .'y`YS':';x.'� .,.:t;9' �:. �-- � -� � sou.�onr�riY��xa��9�y_• ;,.; �<<..1:,,.. :3F.•`,',+,?;{1, ,.'.''- - .. :�,c'3w4:,,r.3H Z.`:r^: �'i,3,s'+, t>.-..:bjt: ;rC6., ^.t;;?: '. ��`.:?.a+ ��. ?o,.'�fi,. `w� ....................,_c.:,..:s..�:>s�.�,ci�.. �.:,..,.a.�,:k�:..s�.M;..�•:.::.,..<:c,., .�,»>i,..A�..,.-.., . ::rii,�.,.,..,s'<A... ...•.'.�.;�' 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. i SIR - 3 Town of Southold "Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold" PROPOSAL PACKAGE BID OPENS: June 13, 2019 REMINDER NOTE! !!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! All line items on the Proposal Form must-be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! Thank you! c Proposal Package 1 of 11 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑X Notarized Affidavit of Non-Collusion as required by NYS Law. ❑X As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10)business days from notice of award to supply this form or the bid will be rescinded. ❑X Vendor Information Sheet and Address Record Form. 0 Assumed Name Certification. Proposal Package 2 of I I VENDOR NAME: Terry Contracting & Materials, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-3046011 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: January 1986 IF APPLICABLE: DATE FILED: January 1986 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Terry Contracting & Materials, Inc. LIST PRINCIPAL STOCKHOLDERS: (5%of outstanding shares) James C. Terry 50% Robert G. Terry 50% LIST OFFICERS AND DIRECTORS: NAME TITLE James C. Terry Co President Robert G. Terry Co President --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Terry Contracting & Materials, Inc. ADDRESS. 1146 Osborn Avenue Riverhead, NY 11901 CONTACT: James C. Terry TELEPHONE: (631) 727-0170 FAX: (631) 727-0410 E-MAIL: Jim@terrycontracting.com ONLY if different- MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different- NLA I..PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of I1 VENDOR NAME: Terry Contracting & Materials, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: N/A If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ❑X Insurance Certificate filed on 6/13/19 DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SMALL DISQUALIFY BIDDER. A HORIZE GNAT E Proposal Package 5 of I I AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not,that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm'or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so,on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The�erson�signing�thiis the penalties of perjury,affirms the truth thereof. jM1 — SWORN TO BEFORE iv{E TFIIS ig cure&Company Po -' n James C. Terry - Co Pr dent 13th DAY or-2019 Typc Mame&Company Position Terry Contracting & Materials, Inc. Company Mame VOTARY PUfiL1C 6/13/19 HEIDI STRANO Date Signed r1OTARY PUBLIC-STATE OF NEW YORK 11-3046011 No. Ol ST6294532 Federal I.D.Number Huralltled In Suffolk County My Commission Expires December 23, 2021 Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold VENDOR NAME: Terry Contracting & Materials, Inc. VENDOR ADDRESS: 1146 Osborn Avenue Riverhead, NY 11901 TELEPHONE NUNIBER: (631) 727-0170 FAX: (631) 727-0410 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer,at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. CNote: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated N/A Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form_ UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased, the undersigned accepts the unit price bid as full compensation for furnishing all labor,supplies, equipment and other related items necessary for the proper functionality of the equipment being furnished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One(1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS 'Mobilization: One-quarter(1/4) day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (FII in Unit Price Written in Words) DOLLARS I CENTS Furnishing Barge Mounted 15 Ton Crane with 518 C.Y.Capacity Dragline Bucket or 5/8 C.Y Capacity Clamshell Bucket far Five Thousand Eight Hundred and 00/100 /DAY(8HOURS) s 5,80 00 Dcllars Cents PER DAY Furnishing Tow Boat 2 far Two Thousand Six Hundred and 00/100 /DAY(a HOURS) 3 2,600 00 Dollars Cents PER DAY i Furnishing 15 Ton Crawler Crane nnth 5/8 C.Y.Capacity Dragline Bucket or 5/8 C.Y. 3 Capacity Clamshen Bucket for Three Thousand Two Hundred and 00/100 jDAY(8 HOURS) 5 3,20000 Dollars Cents PER[ Furnishing Track Loader with Bucket-9.000 lbs 4 for One Thousand Four Hundred and 00/100 /DAY(8 HOURS) s 1,400 00 Dollars Cents PER DAY Furnishing Dozer with Blade-13,000 lbs 5 r..-One Thousand Six Hundred and 00/100 /DAY(8 HOURS) $ 1,600 00 Dollars - Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C_Y.Capacity Bucket h for One Thousand Nine Hundred and 00/100 1DAY(8 HOURS) 3 1,900 00 Dollars Cents PER DAY Furnishing Front End Whael Loader with 4 C_Y Capacity Bucket 7 for Two Thousand Three Hundred and 00/100 /DAY(3HOURS) s 2,300 00 Dollars Cents PER DAY Furnishing Excavator with 1-112 C.Y.Capacity Bucket 8 for Two Thousand Four Hundred and 00/100 /DAY(8 HOURS) 3 2,400 00 Dollars Cents PER DAY Furnishing 20 Ton Crawler Crane with 314 C.Y Capacity Dragline Bucket or 3/4 C.Y 9 Capacity Clamshell Bucket for Three Thousand Two Hundred and 00/100 /DAY(a HOURS) 5 3,200 00 Dollars Cents PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for. Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS I CENTS Furnishing Long Reach Excavator 10 for Three Thousand and 00/100 JDAY(8 HOURS) 3100 00 Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for Two Thousand Eight Hundred and 00/100 /DAY(8 HOURS) S 2,800 00 Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 for Three Thousand Two Hundred and 00/100 /DAY(8 HOURS) S 3,200 00 Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Becket 13 for Two Thousand Six Hundred and 00/100 /DAY[8 HOURS) S 2,600 00 Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 fir One Thousand Six Hundred and 00/100 DAY(8 HOURS) S 1,600 00 Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck i is 1�, Three Thousand Two Hundred and 00/100 rDAY(aHOURS) S 3,200 00 Dollars Cents PER DAY Proposal Package 10 of 11 AUTHORIZED SIGNATURE PRINT NAME James erry TITLE Co President DATE June 13, 2019 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Suffolk )ss.: On the 13th day of June in the year 2019 before me, the undersigned, personally appeared, James C. Terry , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. r OTARY PUBLIC HEIDI STRANO NOTARY PUBLIC-STATE OF NEW YORK No. O1 ST6294532 Qualified in Suffolk County my commission BXplres December 23, 20YA Proposal Package 11 of I I TERRY-3 ,�coRo� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDlYYYY) 06/13/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). _ PRODUCER 516-576-0166 CONTACT Lisa Cassano NAME: Affiliated Agency, Inc. PHONE516-576-0166 FAX 516-576-0168 255 Executive Dr.Suite 308 (a/c,No,Ext): (vc, No): Plainview,NY 11803 E-MAIL ICassano@aaiinsurance.com ADDRESS: INSURER(S)AFFORDING COVERAGE / NAIC# INSURER A:Great Divide Insurance Co 25224 INSURED INSURER e•Starr Indemnity 8t Liability Co 38318 Terry Contracting 8 Materials, Inc. INSURER C:Merchants Preferred Ins Co 12901 1146 Osborn Ave Shelter Point 81434 Riverhead,NY 11901 INSURER D INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADD SUB POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS - A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 ECP2026846-10 07/31/2018 07/31/2019 DAMAGE T°RENTED CLAIMS-MADE X OCCUR X X PREMIS a cccurrence $ 100'000 X Contractual Liab MED EXP(Any oneperson) s 5,000 X Pollution Liab PERSONAL BADV INJURY S 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2'000'000 POLICY JE� .LOC PRODUCTS-COMP/OPAGG S 1,000,000 OTHER C AUTOMOBILE LIABILITY EOMaBINEEDtSINGLE LIMIT $ 1,000,000 XIANY AUTO X X AP9117499 07/31/2018 07/31/2019 BODILY INJURY Per person) S OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per acadZ $ B X UMBRELLALIA13 X OCCUR EACHOCCURRENCE $ 5,000,000 EXCESS LIAR rl CLAIMS-MADE X X MASILNY00054618 07/31/2018 07/31/2019 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N ST TUT ER ANY PROPRIETOR/PARTNER/EXECUTrVE ❑ N/A E L EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDE (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If yes,describe under { DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT! D Disability D220943 01/01/2018 01/01/2020 NYS Statutory B Marine Liability MASILNY00001918 07/31/2018 07/31/2019 $2Mil Agg $1Mil Occ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedula,may ba attached if more space Is requlrad) Project:Dredging&other services within the Town of Southold-Bid 6/13119 Town of Southold is included as Additional Insured as required by written contract on a primary 8.non-contributory basis for both Ongoing&Completed Operations with respects to General Liability Per form#ECP 1004 0816, Umbrella Liability per Starr Marine Blanket Additional (See Notes) CERTIFICATE HOLDER CANCELLATION TOWNSOU SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Southold THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Main Road Southold, NY 11971 AUTHORIZED REPRESENTATIVE I . (z4v I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOLDER CODE TOWNSOU TERRY-3 PAGE 2 NOTEPAD. INSURED'S NAME Terry Contracting& Materials, OP ID: LC Date 06/13/2019 Assured/Waiver of Subrogation Endorsement Clause A-E & Automobile Liability per form #MU 8369 0615. Waiver of Subrogation applies in favor of the Additional Insureds on the General Liability, Umbrella Liability & Automobile Liability policies as required by written contract. GL coverage has no exclusions or limitations for Contractual Liability; independent contractors; products & completed operations; bodily injury to an employee or the employee of a subcontractor. New York State Insurance Fund Workers'Compensation &Disability Benefits Specialists Since 1914 199 CHURCH STREET,NEW YORK,N.Y_10007-1100 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 0 ,R] `^^^AA 113046011r e)� Y. LOVELL SAFETY MGMT CO, LLC 110 WILLIAM STREET 12TH FLR �i t NEW YORK NY 10038 SCAN TO VALIDATE AND SUBSCRIBE POLICYHOLDER CERTIFICATE HOLDER TERRY CONTRACTING&MATERIALS, INC TOWN OF SOUTHOLD 1146 OSBORN AVENUE 53095 MAIN ROAD RIVERHEAD NY 11901 SOUTHOLD NY 11971 POLICY NUMBER CERTIFICATE NUMBER POLICY PERIOD DATE G2434185-1 25667 04/01/2019 TO 04/01/2020 6/13/2019 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE NEW YORK STATE INSURANCE FUND UNDER POLICY NO_ 2434185-1, COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF'NEW YORK, EXCEPT AS INDICATED BELOW. IF YOU WISH TO RECEIVE NOTIFICATIONS REGARDING SAID POLICY,INCLUDING ANY NOTIFICATION OF CANCELLATIONS, OR TO VALIDATE THIS CERTIFICATE,VISIT OUR WEBSITE AT HTTPS://WWW.NYSIF.COM/CERT/CERTVAL.ASP.THE NEW YORK STATE INSURANCE FUND IS NOT LIABLE IN THE EVENT OF FAILURE TO GIVE SUCH NOTIFICATIONS. THE POLICY INCLUDES A WAIVER OF SUBROGATION ENDORSEMENT UNDER WHICH NYSIF AGREES TO WAIVE ITS RIGHT OF SUBROGATION TO BRING AN ACTION AGAINST THE CERTIFICATE HOLDER TO RECOVER AMOUNTS WE PAID IN WORKERS'COMPENSATION AND/OR MEDICAL BENEFITS TO OR ON BEHALF OF AN EMPLOYEE OF OUR INSURED IN THE EVENT THAT, PRIOR TO THE DATE OF THE ACCIDENT, THE CERTIFICATE HOLDER HAS ENTERED INTO A WRITTEN CONTRACT WITH OUR INSURED THAT REQUIRES THAT SUCH RIGHT OF SUBROGATION BE WAIVED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS NOR INSURANCE COVERAGE , UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY_ NEW YORK STATE INSURANCE FUND DIRECTOR,INSURANCE FUND UNDERWRITING VALIDATION NUMBER 828627 ` 1 i Policy#ECP2026846-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully t-' - :;y�w.i :4 --»2;V•a'x_X,..r.-t.- :�y _+tk° ::',Y''yL� -: ryi. 'z' `, s.`-��_''- '�k''`i3�."r�"' - — r; -r__ - _ _'.G•1s .yF�;l;>���'�_•r..3`re�r�.,��:�=vizi� - �� _ _ :-c%.t_"Sa _ :•`.4d=�: ' - This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary, it is hereby agreed and understood that this endorsement shall apply only to the Coverage Part(s) corresponding with the box or boxes marked below. COVERAGES--P-ARTS A AND-B—GENERAL--L-tABIL-I-TY - COVERAGE D—CONTRACTORS POLLUTION LIABILITY SECTION III—WHO IS AN INSURED is amended to include as an insured, with respect to Coverage A, B and D, any person(s) or organization(s) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy. Such written contract or written agreement must be in effect prior to the performance of your work which is the subject of such written contract or written agreement. Such additional insured status applies only: 1. Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY for claims or suits resulting from: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured;or b. Your work performed for such person(s) or organizations(s) and included in the products-completed operations hazard. 2. Under COVERAGE D CONTRACTORS POLLUTION LIABILITY for claims or suits arising out of pollution conditions that are the result of: a. Your work performed for such person(s) or organization(s) in the performance of your ongoing operations for the additional insured; or b. Your work performed for such person(s) or organizations(s) and included in the products-completed operations hazard. With respect to damages caused by your work, as described above, the coverage provided hereunder shall be primary and not contributing with any other insurance available to those person(s) or organizations) with which you have so agreed in a written contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1004 08 16 Page 1 of 1 Policy#ECP2026846-10 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. - - - - - _ :t:: _:.Y="- T'Si.".2y�1;`!sem"3'•.x+r,::• __�'P._2r ..-..,,�<!:..«iaa..;L- ... - .i:L"=;YY.: _ -_ - - - ` �1\r:: J- ti?liF_QV_ AIyA�jl�/3='"r=-=iz.�. ..-•,'.n'-�s'n'".. s.:r:'.. - - and-'"'' ,"y✓Yru.-F� �t�S^rz•.'"!,';:',. ".2.e'.'�.m'. _ ?f..._ ."_� It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss,wherein such waiver has been included before foss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest. No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee. This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2004 06 18 Page 1 of 1 RECER/ED SEP 1 6 2019 AGREEMENT Soutliold 'inti=.,n Clerk THIS AGREEMENT entered into this -5 day of 2019, by and between the Town of Southold, a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York 11971-0959, party of the first part (hereinafter called the "Town") and Latham Sand & Gravel, Inc., with an address at P.O. Box 608, Peconic, New York 11958,party of the second part(hereinafter called the"Contractor"). WITNESSETH : That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall furnish all the Equipment specified within a Town Purchase Order to "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" and shall coordinate the deliveries with the Town Engineering Department at 631-765-1560. AS DESCRIBED IN THE Bid Documents made and prepared by the Town of Southold, and Latham Sand & Gravel, Inc., and as set forth in the Contractor's Bid dated June 13, 2019, and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Equipment Specifications, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Bid Documents". SECOND: In payment for the services to be perforn-ied hereunder by Contractor, the Town shall snake payments to Contractor upon receipt from the Contractor of a Purchase Order and signed voucher for such compensation evidencing the construction equipment and services provided in connection with dredging and other services within the Town of Southold. Payment will be completed provided Town has received said Purchase Order and voucher and has audited and approved same for payment. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of Section 118 of the Town Law which, in effect, prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Bid Documents to the contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money other than the amounts in said Bid Documents provided; and the failure of the Town or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Bid Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, _1_ covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Town to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Town may have against the Contractor under this Agreement or the Bid Documents. FOURTH: The Contractor covenants and agrees that this Contract shall remain in full force and effect for a period of two years from the date of this Contract with a provision for a one year extension upon mutual agreement by both Town and Contractor. FIFTH: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A.Neville, RMC, CMC Southold Town Clerk P.O. Box 1179 Southold, NY 11971-0959 With a copy to: Engineering Department Town of Southold P.O. Box 1179 Southold,NY 11971-0959 To Contractor: Mr.John Hocker,P.E.;:Rvasi IeM VICQ 244,dQ t- + Latham Sand&Gravel, Inc. P.O. Box 608 Peconic,NY 11958 SIXTH: The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. x (b) Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence. Property damage insurance in an amount not less than $100,000 for damage on account of all occurrences. r _2- Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all occurrences. The Contractor shall furnish the above insurance certificates to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four(24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three(3) days after the date of such accident. SEVENTH: The Contractor agrees to indemnify and save the Town,its officers, agents and employees harmless from any liability imposed upon the Town,its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor or the Contractor's Subcontractors and from and against any damages, claims,or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's or Contractor's Subcontractors acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. EIGHTH: Neither Town nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part its interest under any of the Bid Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Town. NINTH: Town and Contractor each bind themselves, their partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Bid Documents. TENTH: The Bid Documents constitute the entire agreement between Town and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. ELEVENTH: The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or -3- .r (f) The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit. TWELVETH: It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor,it will be responsible for all damage,loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws,regulations or ordinances. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Town of LSouldBy: � Scott A. Russell, Supervisor Latham Sand& Gravel,Inc. By: G�- J911n Hocker,4h*s#tm#- Vice.li�:6seden+ -4 4tF STATE OF NEW YORK) )ss.. COUNTY OF SUFFOLK) On they day of in the year 2019 before me personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary Public LAUREN M.STANDISH Public-State of STATE OF NEW YORK) Notary No.01ST6164008w York ss.: Qualified in Suffolk County COUNTY OF SUFFOLK) Commission Expires April 8023 On the a day of in the year 2019 before me personally appeared John Hocker, PY me o personally known to to me on the basis of satisfactory evidence to be the individual P whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, execut a instrument. Regina L Cartselos Notary Public Notary Public-State of NewYork No.o1CA61g8go8 Qualified in Suffolk County My Commission Expires January 5,2021 -5- TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD SOUTHOLD, SUFFOLK COUNTY,NEW YORK CA Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold, New York ] ]971 May 30,2019 (631)765-]560 4 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD" Definite specifications may be obtained at the Southold Town Clerk's Office beginning May 30, 2019 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD June 13,2019 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins,P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME&ADDRESS OF BIDDER 2)BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$5.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check (payable to the Town of Southold). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. TABLE OF CONTENTS TOWN OF SOUTHOLD FURNISH HEAVY EQUIPMENT WITH OPERATOR IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-5 Standard Insurance Requirements SIR 1 thru SIR 3 Proposal Form Package Pages I — 11 3' INSTRIfGTIONSIO' BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal ` 3. Rejection of Bids - 4. Bidders Responsibility 5. Bid Reservations 6. Non-Collusive Statement 7. Addenda and Interpretations 8. Method of Award 9. Single Price Bid Analysis 10. Municipal Exempt Status 11. Labor Law 12. Wage Rates 13. Insurance Required by the Town of Southold 14. Quantities IB - l INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services Within the Town of Southold, New York. Sealed bids shall be received by tPe office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 P.M. prevailing time on Thursday, June 13ffi, 2019, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.Faxed bids will not be accepted. 2.FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made.All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids,that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge"when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any .kind will not be accepted. In case of discrepancy between the-unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be`fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b)The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 113 -2 INSTRUCTIONS TO BIDDERS 4. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d)Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 5.BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 6.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder- and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, IB - 3 INSTRUCTIONS TO BIDDERS consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 7. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 8. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 9. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 10.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 11. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 12. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after 113 -4 INSTRUCTIONS TO BIDDERS issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 13. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance Requirements section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 14. QUANTITIES Any quantities set forth in the bid specifications are approximations only.No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. 1B - 5 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA >doleach E: e contractor/vendor shall take out and maintain during the life of the projbrella insurance policy in an amount of not less than $2,000,000 (Two million occuire nd aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PRO IVE LIABILITY: An OC icy shall be required by the Town of Southold in limits of$1,000,000 c ned single Ii , each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal lia • . of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INS he contra shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR - 2 STANDARD INSURANCE REQUIREMENTS :ND cri p don;of opezations/locations1etc:Bci�:m�'st,mcludeahestaterrierit • •S^ •1` .: ,?, '•�9i'�'_>'•';.i �r' ,�'rr'�`:";..t. <<x: _ �'1.�1„/ti�f>C,- :��•r��- M1' � , = HE.'TOWN,- APPTHOLD IS LISTED AS �4D�D1'TIONAL INSURED"; N '' ,..,...r.,„,.v.,.,.,.d.-..,>..r,,...fy.,....,_h„�....c. r,,», �;r.`Y= `� v'>.Z, '•e1;4..,5'• -E. 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"�:'-;.;2Xi.;;?,.�. :.r-..•i^w. .t:'t':k�pr:,e`:+f �Y� �; ;� ,:r�.w '��:� T�_.,.a• :<`�.��5 OA5.,1V�,IN=ROADj-`�vs��.� t �:.: '.�.,,..;. - =Y- ham.. ,.r'Y;c,'„a'L>:>�}{._ __^�.r iay;:��,{ .'S:r ;�t/'i••'g`'n1'•.,,�.V.}{..e 'r'�.'�y':.lth..u;43,:?i`2:r-}^,?...,YIJ.3>}hv t' y�.,. _ .'*."7F. }l\ }., .-+,`t.°.`, •'7�ji Xf.,•.;2_ �.GE'r?., _ N'^- z�� .SPF�p„?r`r,'r�\' 'Y[f, .-.'r$`c ,� v' k• � ,:�. � .y; :s�'��..:,;.e �'� '.r: ';�.,,>..:a'"�'»� �:SOUTHOLD�NY�7 ��>.(��, ,vt: ..�,_� .k.;-:�•:¢,.�'.:.�::}"'�:.;. ..�,>,.:�?,''..�'�.�_��,��,°:; �S�„•r:��,t 4-r �'. _ !. .,`Y�kl7-�.�ra�C�;yd•:n r 31. .`}' .:t, _ t a�, ;?',,e ... :Y ,..o.._.>>..�. _. -....',...,�-..z:.::,,..._,:�.:.::'hi.'N.�....�.7�+�.-nr••. .� .✓_<.41..«Cd�:,A'"�a"'' <� .s.,i�� - � { 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR - 3 Town of Southold "Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold" PROPOSAL PACKAGE BID OPENS: June 13,, 2019 REMINDER NOTE! ! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 11 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ As per specifications,the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured,to be on file in the Purchasing Department. You will be given ten (10)business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. Proposal Package 2 of 11 VENDOR NAME: Latham Sand & Gravel, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11 -2r ,0-1744 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: September 13, 1978 IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: Latham Sand & Gravel, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) C. Terry Latham John D. Hocker Marion G. Latham LIST OFFICERS AND DIRECTORS: NAME TITLE C. Terry Latham President Marion G. Latham CFO John D. Hocker Vice President --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Latham Sand & Gravel, Inc. ADDRESS: P.O. Box 608 Peconic, NY 11958 CONTACT: John Hocker TELEPHONE:.631 -734-6800 FAX: 631 -734-2318 E-MAIL:lathamgravel@yahoo.com ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 VENDOR NAME: Latham Sand & Gravel, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It isnot forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached ❑ I certify that I can supply insurance as specified if awarded the bid © A re A 4,q� T- Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. G� AUTHORIZED SIGNATURE Proposal Package 5 of 11 STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property dainage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law.Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000(one million dollars) on account of all accidents(general aggregate). EXCESS/UMBR>rmillion NCE: e contractor/vendor shall take out and maintain during the life ofan a brella insurance policy in an amount of not less than $2,000,000 (Two each occurre nd aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PRO IVE LIABILITY: An OC icy shall be required by the Town of Southold in limits of$1,000,000 c ned single ]i , each occurrence, $1,000,000 General Aggregate. This insurance must fiilly cover the legal liapWX. of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INS e contra shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract,a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D_ Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR -2 CERTIFICATE OF LIABILITY INSURANCE DATE(MMroD1YYY1) 04/25/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Dem SimiCiCh PRODUCER NAME- Roy H Reeve Agency,Inc PHONE (AIC.ExtI. (631)298-4700 (A,c,No): (631)298 3850 PO Box 54 EnM IRess dslmicich@royreeve_com 13400 Main Road INSURER(S)AFFORDING COVERAGE NAIC 9 Mattituck NY 11952 INSURERA: General Casualty Co of Wisconsin(0310761) 24414 INSURED INSURER B: Latham Sand 8 Gravel Inc INSURER C: PO Box 608 INSURER D: INSURER E: Peconic NY 11958 INSURERF: COVERAGES CERTIFICATE NUMBER- CLI942510316 REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFF P LI Y EXP LTR TYPE OF INSURANCE iNSD WVD POLICY NUMBER MNUD MMIDD LIMA COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ® CLAIMS-MADE OCCUR PREMISES Eaacwrrence $ 100.000 X Contractual MED EXP(Any one person) $ 5,000 A CC10397011 05/1512019 05/15/2020 PERSONAL INJURY $ 2.000,000 GENERALAGGREGATE $ 4,000,000 GEN'LAGGREGATE UMITAPPUES PER: PRO- LOC PRODUCTS-COMPIOPAGG $ 4,000,000 POLICY ❑JECT El Data Compromise $ 100,000 OTHER. AUTOMOBILE LIABIDTY COMBINED LIMIT $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE HIRED NON-OWNED Peracadent $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ $ DED I I RETENTION$ WORKERS COMPENSATION STATUTE ERV AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA LUELEACH ACCIDENT 5 OFRCERIMEMBER EXCLUDED? ED? in NH) E.L.DISEASE-EA EMPLOYEE S If yes,dMbe under E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below F1 I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 161,Additional Remarks Schedule,may be attached it more space is required) Town of Southold is Included as an additional insured with respect to General Liability as per the terms and conditions of form CG81051205-Contractors Blanket Additional Insured Endorsement-New York as required by written contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of Southold ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Main Road AUTHORIZED REPRESENTATIVE P.O.Box 1179 Southold NY 11971 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The r)erson signing this bid, under the penalties of perjury, affirms the truth thereof. AZLV SWORN TO BEFORE ME THIS nature&Company Position John D. Hocker, V.P. _DAY OF 20J�L Type Name&Company Position Latham Sand & Gravel, Inc. ZZ4( Company Name NOTARY PUBLIC June 1 1 , 2 01 9 Regina L Cartselos Notary Public-State of New York Date Signed No.oiCA61989o8 11 -2503744 Qualified in Suffolk County Federal I.D.Number MY Commission Expires January 5,2021 Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold VENDOR NAME: Latham sand & Gravel, Inc. VENDOR ADDRESS: P.0- Box 608 Peconic, NY 11958 TELEPHONE NUMBER: 6 31 —7 3 4—6 8 0 0 FAX: 6 31 —7 3 4—2 318 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities necessary and/or required to Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold in strict accordance with the Bid Documents and the unit cost price as bid in the Itemized Proposal Form. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased,the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being furnished. All quoted prices shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2)years from the date of the contract with the option of a One (1)year extension upon the mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4) day's unit bid price daily rate Demobilization: One-quarter(1/4) day's unit bid price daily rate Proposal Package 8 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO. DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Barge Mounted 15 Ton Crane with 5/8 C Y Capacity Dragline Bucket or 5/8 C.Y 1 Capacity Clamshell Bucket for Three thousand two hundred seventy f]AY/R(8HOURS) $ 3,275. 00 Dollars Cents PER DAY Furnishing Tow Boat 2 for QM d'lOI.1SEffd fcxs Y➢nah»d SMUILY f LW n:) /DAY(8 HOURS) $ 1,475- 00 Dollars Cents PER DAY Furnishing 15 Ton Crawler Crane with 5/8 C Y.Capacity Dragline Bucket or 5/8 C.Y. 3 Capacity Clamshell Bucket ,for aia thcusar d 9evim hmJL d ki ty TYJ /DAY(8 HOURS) $ 1,740. 1_00 Dollars Cents PER DAY Furnishing Track Loader with Bucket-9,000 lbs 4 for Cm UmA.m d by h &E3d r&)d-y M /DAY(8 HOURS) $ 1,290. 00 Dollars Cents PER DAY Furnishing Dozer with Blade-13,000 lbs 5 for Iib Bid /DAY(8 HOURS) $ ND Bid Dollars Cents PER DAY Furnishing Front End Wheel Loader with 2-1/2 C Y.Capacity Bucket 6 for Q7L t1UUSff1d tImm hTrrim] frntV m /DAY(8 HOURS) $ 1,340. Dollars Cents PER DAY Furnishing Front End Wheel Loader with 4 C Y Capacity Bucket 7 for one thoLard five haidr d fcrt_y m /DAY(8 HOURS) $ 1,540_ 00 Dollars Cents PER DAY Furnishing Excavator with 1-1/2 C Y Capacity Bucket 8 for Q]e turd five hr&ed ninety no /DAY(8 HOURS) $ 11,590. 00 _ Dollars Cents PER DAY Furnishing 20 Ton Crawler Crane with 3/4 C Y Capacity Dragline Bucket or 3/4 C.Y. 9 Capacity Clamshell Bucket for M tbaisDrd cm bmJL d fcdy m /DAY(8 HOURS) $ 2,140_ 00 Dollars Cents PER DAY Proposal Package 9 of 11 Furnish Heavy Equipment with Operator in Connection with Dredging and Other Services within the Town of Southold Itemized Proposal for: Town of Southold ITEM NO DESCRIPTION OF ITEM UNIT BID PRICE (Fill in Unit Price Written in Words) DOLLARS CENTS Furnishing Long Reach Excavator 10 for nD hid /DAY(8 HOURS) $ nD hid Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 2 C.Y.Capacity Bucket 11 for om thotEand fCuC h dmd fcsrty no /DAY(8 HOURS) $ 1 FW. 00 Dollars Cents PER DAY Furnishing Crawler Mounted Front End Loader with 3 C.Y.Capacity Bucket 12 for nD bid /DAY(8 HOURS) $ n0 kO Dollars Cents PER DAY Furnishing Front End Wheel Loader with 6 C.Y.Capacity Bucket 13 for nD bl. /DAY(8 HOURS) $ nD hid Dollars Cents PER DAY Furnishing 10 Wheel Dump Truck 14 for Cm tbax3EEL7 cm nt rb3d ninEtY nD /DAY(8 HOURS) $ 1,190. 00 Dollars Cents PER DAY Furnishing Off-Road Articulated Dump Truck 15 for Two tlzEe harked rdneLY nD /DAY(8 HOURS) $ 2,390. 00 Dollars Cents PER DAY Proposal Package 10 of 11 AUTHORIZED SIGNATURE �✓ PRINT NAME John Hocker TITLE Vice President DATE June 1 1 ,2 01 9 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF 6L)ga L ) ss.: On thejj_day of Jud in the year 2019 before me, the undersigned, personally appeared, To0r-)'D' Nac�-2/ _, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. T RY PUBLIC Regina 1,.Cartselos Notary Public-State of New York No.oiCA6ig89o8 Qualified in Suffolk County My Commission Expires January 5,2021 Proposal Package 11 of 11