Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Earth Care Company of NY
CONTRACT CONTRACT IN QUADRIPARTITE FOR ~"(~A]E.: ~'~SPORTATION AND .... EFROM THE SCAVENGER ~x~ASTE TI~EA~MENT ~AU~}~4~ AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated April 8 ~ 2003, BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTttOLD, SUFFOLK COUNTY, NEW YORK, acting for and in behalf of the TOWN OF SOUTHOLD (herein called the TOWN/, and:. Earth 'Cai;&~'C6mpany of NY (herein called the CONTRACTOR). WITNESSETH, that the TOWN and the CONTRACTOR, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained, agree as follows: This Contract is hereby awarded to the CONTRACTOR for the work and material called for under his bid in the Proposal section of the Contract and designated as Items: 1. SCAVENGER WASTE REMOVAL AND TRANSPORT TO AND DISPOSAL AT AN APPROVED DISPOSAL LOCATION 3/1/03 TO 2/28/04 for the sum of: .056~t5¢ PER Total ~ GALLONIg ($132,900 /'A~OOXY-PSX19;tg$) DOLLARS for the unit and/or lump sum price(s) as hsted in the Proposal herein. 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders. Information for Bidders, Proposal, Contract and Specifications, together with any Addenda. shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, headlines and marginal notes contained herein are solely to facilitate reference to the various provisions of the contract documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "contract documents" is used. it shall mean and include this Contract, the Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions and Proposal. hi case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. 25 WORK: The term WORK, as used herein, refers to all of the work involved in removing and properly disposing of scavenger waste from the Southold Scavenger Waste Treatment Plant. EXTRA WORK: The term EXTRA WORK, as used herein, refers to and includes all work required by the TOWN which, ~e judgment of the Town, involves changes in or additions to work required by the plans, Spe/i~fications and any Addenda in their present form. SUBCONTRACTOR: The term SUBCONTRACTOR as used herein, shall mean any .person, finn or corporation applying labor and material for work at the site of the project, but not ihcluding the parties to th/s~Contraet. ENGINEER: In the performance of the work, the TOWN shall be represented by the Town Engineer (herein.called the ENGINEER), or other employee designated by the Town Board to administer this contract. NOTICE: The term NOTICE, as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at the last known business address of, the person, firm or corporation for whom intended or to his, their, or its duly author/zed agents, representativ~es or officers, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm, or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED, REOUIRED, APPROVED, ACCEPTABLE: Whenever they refer to the work, or its performance "directed" "required" "permitted" "ordered" "designated" "prescribed" and words 6fhke import shall imply the direction, requiremem, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of'. and words of like import, shall mean approved or acceptable to, or satisfactory to, in the jUdgmem of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish al/plant, labor, material, supplies, equipment and other facilities and things necessary or proper for or incidental to, the work contemplated by this Contract as required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by the Contract. 3. COMPENSATION TO BE PAID TO THE CONTRACTOR Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the actual quantifies ofwasm removed, as determined by the Town's measurements by the unit prices bid, no allowance being made for -anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. 26 Bo Extra Work and/or Changes: The TOWN may, a[ any time, by a written order, and without notice to the sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The mount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as ~bllows: ~ (1) By such applicable unit prices, if any, as set forth in the contract; or (2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon bythe TOWN and the Contractor; or (3) If no such unit prices are set forth, and if the parties cannot agree upon trait prices or a Imp sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, prenuum for Workers' Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added 20 percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than 'Workers' Compensation Insurance, mamrial used in temporary smtctures, allowances made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor. 4. TI/VfE OF ESSENCE Inasmuch as the provisions of this Contract relating to the time for performance and completion of the work are for the purpose of enabling the TOWN to proceed with the construction of a public improvement, in accordance with a predetermined program, such provisions are of the essence of this Contract. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work, after sigffmg this Contract, on April 1, 2003 and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. The Contractor agrees to remove waste, in a quantity to be determined by the Town, within five days or'notice by the Town. 6. LIQUIDATED DAMAGES FOR DELAY The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the TOWN shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreemem, the sum of FIVE HUNDRED DOLLARS ($500.00'~ per day, which amount is hereby agreed upon, fixed and determined by the parties hereto as the LIQUIDATED DAMAGES, including overhead charges, 27 services, inspector's wages, and interest on the money invested, that the TOWN will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion, provided, however, that the TOWN shall Lave the fight to extend the time for the eomplefi~sn of said work. 7. EXTENSIONS OF TIME - NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the TOWN, acts or neglect of any other Contractor, fires~ floods~ epidemics, quarantine restrictions, strikes~, riots, civil commotion or ~eight embargoes, the period herein above specified for completion of his work shall be extended t~y an6h time as shall be fixed by the TOWN. No such extension oft/me shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay bythe Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance of his obligations hereunder, 8. CONTRACT SECURITY The Contractor shall not commence any work until he supplies the Town Clerk with a Performance Bond in the sum of 25% of the total bid price, in a form approved by the Town Attorney. Such bond must be provided as a prerequisite to entering into a contract for tiffs work, and failure to provide such a bond will result in forfeiture of the bid bond. 9. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the TOWN all of the insurance required under this Contract, as enumerated herein: Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damage Insurance Owner's (TOWN) Protective Public Liability and Property Damage Insurance Automobile Pubhc Liability and Property Damage Insurance The Contractor shall no! permit any subcontractor to commence any operation on the site until satisfactory proof of carriage oft he above required insurance has been posted with, and approved by, the TOWN. Compensation Insurance - The Contractor shall the out and maintain, during the lire'of this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the project, and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. 28 © © Public Liability and Property Damage Insurance -The Contractor shall take out and maintain during the life of this Contract such Public,Liability and Property Damage Insurance as shall protect him and any subcontr:actor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damag~ 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, and the amounts of such Insurance shall be as follows: (1) Public Liab'flity Insurance in the amount not~[ess than FIVE IffUNDILED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful d~ath to anyone person, and subject to the same tirn~t for each personin an amount not less than ONE MILLION DOLLARS ($1,000,000.) on account of one accident. (2) Property Damage Insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for damages on account of any one accident and in an amount of not less than TWO HUNDRED THOUSANDDOLLARS ($200,000.) for damages on account of alt accidents. Liability and Property Damage Insurance -The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims ads/ng from the operations of any subcontractor. Owner's Protective Public Liability and Property Damage Insurance -(TOWN, and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER) -The Contractor shall furnish to the TOWN with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the TOWN and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for all damages arising out of bodily injtmes to, or death 0t} one person and subject to that limit for each person, a total 1/mit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out ofbodity injuries to, or death of, two or more persons in anyone accident; and regular Protective Property Damage Insurance providing for a limit of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for all damages arising out of injury to, or destruction of, property in anyone accident and subject to that 1/mit per accident a total (or aggregate) limit of TWO HUNDRED THOUSAND DOLLARS ($200,000.) for all damages arising out of injury to, or destruction of property during the policy period. The insurance must fully cover the legal liability of the TOWN and/or TOWN BOARD), TOWN OF SOUTHOLD. The coverage provided under this policy must not be affected if the TOWN performs work in connection with the project either for, or in cooperation with, the 29 © © Contractor or as an aid thereto, whether the same be a part of the Contract or separate there from, by means of its own employees or agents, or if the i~OWN directs or supervises the work to be performed by the Contractor. Automobile Public Liability and Property Damage Insurance -The Contractor shall take out and maintain during the life of the Contract~h automobile public liability and property damage insurance as shall protect hifn and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including accidental death as well as frown claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, or ~y any one directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: (1) Automobile Public Liability Insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than ONE MILLION DOLLARS ($1,000,000.) on account of one accident. (2) Automobile Property Damage Insurance in an amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100.000.) for damages on account of any one accident and in an amount of not less than TWO HUNDRED THOUSAND DOLLARS ($200,000.) for damages on account of all accidents. 10. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the TOWN with certificates of each insurer insuring the Contractor or any subcontractor under this Contract, except with respect to subdivision D. of paragraph 9. In respect to this paragraph, the Contractor shall famish the TOWN with the original insurance policy. Both certificates, as rum/shed, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liabihty there under. Both the certificates and the policy shall be further endorsed to provide the TOWN with any notice of cancellation at least ten (10) days prior to the actual date of such cancellation. 11. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to tlils Contract. The Labor Laws, as amended, provide that no laborer, worker or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8, hours in anyone calendar day, except in cases of extraordinary emergency caused by fire, flood, or 3O danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week, except in such emergency; that the wages m be paid for a legal day's work as hereinbefore defined, to laborers, workers, or mechanics upon the work called for under this Contract, or for any materials used upon or in connection therewith shall not be less than the prevailing rate,for a day's work in the same trade or occupation in the locality within the State wb_ere such work is to be done and each laborer, worker, e~:~ .eehanic employed by the Contractor, subcontractor, or other person about or upon the work stlall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the provisions of the Labor Laws which required the payment of the prevailing rate of wages and the eight (8) hour day. % Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, town or Village or other civil division of the State, of any sums dne on account of a contract for a public improvement, it is th~ duty of the Comptroller of the financial officer of the Municipal Corporationto require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing m any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons ~vhose wages are unpaid and the amount due each~ respectively. Section 220B of the Labor Law, as amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment m any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly ~vages for labor performed on the public improvement for which the Contract was ent~ed into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or sta~emems so fried to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220C of the Labor Law, as amended, provides the penalty for making of a false oath or verification. Section 220D of the Labor Law provides that the advertised specifications for every Contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by axe Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays after entering into such Contract less than such stipulated minimum hourly wage scale shall be guihy of a misdemeanor and, upon conviction, shall be ptmished for a first offense © by a fine of Five Hundred Dollars ($500.) or by imprisonment for not more.than thirty (30) days, or by both fine and imprisonment for a second offense by a frae of One Thousand Dollars ($1,000.) and, in addition thereto, the Contract on wlfich the violation has occurred shall be forfeited; and no such person or corporation shall be entitled [o receive anf sum or nor shall any officer, agent or employee of the 8rate pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upQ~m, y contract, on which the Contractor has been convicted of second offense in violation ofl~e provisions of this Secfion~ The minimum wage rates established bythe Industrial Commissioner, State of New York, for tttis Contract, are as set forth in the INFORMATION FOR BIDDERS.~ 12. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full (less deductions made mandatory by law) in cash and 1 not less often than once each week. 13. PAYMENTS Monthly: At the end of each calendar month during the progress of the work, the Contractor shall submit a payment requisition to the Town. The Town will review the requisition and prepare payment based on the estimated amount of work performed and the quantity of materials furnished, as based on the prices set forth in the Proposal. In consideration of the work done and the mater/als furnished, the TOWN will pay or cause to be paid to the Contractor the above less such additional mount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitable discharged. The making of any such payment made thereon shall not be taken or construed as an acceptance by the TOWN of any work so estimated and paid for. 14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the TOWN from all claims and all liabilities to the Contractor for all things done or furnished connection with this work, and for every act and neglect of the TOWN and other relating m, or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if these payments be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 15. ACTIVITY REPORTS The Contractor shall submit to the Engineer pr/or to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contractor to a predetermined plan or procedure, but rather to enable the 32 @ © Engineer to coordinate the work of the Contractor with work required of and to be performed by others. 16. PLANS AND SPECIFICATIONS -INTERPRETATIONS : The Contractor shall keep one (1) copy of the Specifications signed and iden~/~fied by the Town. In case of any conflict or inconsistency between the Proposal and Spe~citicafions, the Proposal shall govern. Any discrepancy bet~veen the Proposal and Specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 17. PROTECTION OF WORK, PERSONS AND PROPERTY Precautton shall be exercised at all times for the proper protection of ail persons, property and work The safety provisions of applicable laws, building and construction codes shall be observed. Machinery equipment and all hazards shall be guarded or eliminated in accordance with the safety the Manual of Accident Prevention in Construction, published by the Associated General Contractor~ of America, to the extent that such provisions are not in contravention of applicable law. The Cmitractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer re adequately safeguard the traveling public. The Contractor shall give notice to tho owners of all utilities which may serve the area and request their assistance m predetermining the location and depth of the various pipes, conduits, manholes and other underground facilities. The Contractor shall, at all hours of the day, safely guard and protect Ihs own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the contract documents, or by the TOWN or its duly authorized'representatives. The Contractor shall provide and maintain such watchers, barriers, lights, flares and other signals, at his own expense, as will effectively prevent any accident in conseqnence of his work for which the ri'OWN might be liable. The Confractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 18. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: That he is £mancially solvent and that he is experienced in and competent to perform the type of work involved under this Contract and able to furnish the plan, materials, supplies and/or equipment to be furnished for the work; and That he is familiar with all Federal, State and Municipal Laws, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not lkmited to any special acts relating to the work; and 33 That such work required by these contract documents as is to be done by him can be satisfactorily constructed and used for the purpose for which it is intended and that such construction will not injure any person or damage any property; and That he has carefully examined the Plans, Specifications, an&the site of the work, and that from his own investigation he has satisfied himself a~,the nature and location of the work, the character, location, quality and quanffty of surface and subsurface materials, structures and utilities 1/kely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local cundi~ons which nmy in any way affect the work or its performance. ~ 19. AUTHORITY OF THE ENGINEER hu the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work. shall interpret the plans, specifications, contract documents and any extra work orders and shall decide ali other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumm'ated shall be so governed and so performed, but without exception all the work shall be governed and so performed. Nothing herein shall be construed to give the Contractor a claim for extra work unless prior thereto an appropriate Change Order has been executed by the TOWN and Contractor for such work. 20. CHANGES AND ALTERATIONS The TOWN reserves the right to make alterations in plant site, or any part thereof, either before or after the commencement of the construction. 21. CORRECTION OF WORK All work and all materials, whether incorporated into the work or not, all processes of hauling and all methods of disposal shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes suitable for the purpose for which they are used. Should they fail to meet his approval they shall be corrected, bythe Contractor at his own expense. Rejected materials shall immediately be removed from the site. The Contractor expressly warrants that his equipment shall be free from any, and agrees to correct any defects immediately. 34 22. THE TOWN'S RIGHT TO WlTHlrlOLD PAYMENTS The TOWN may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the TOWN, be necessary: To assure the payment of just claims then due and unpaid of ~ersons supplying labor or materials for the work; "~ B. To protect the TOWN from loss due to defective work not remedied; or To protect the TOWN from loss due to injury to persons o~damage to the work or property of other contractors or subcontractors or others, caused, by the act or ne~ect of the Contractor or any ofkis subcontractors. The TOWN shall have the right, as agent for the Contractor, to apply any such amount so. withheld in such manner as the TOWN may deem proper to satisfy such claims or m secure such protectiom Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWlXPS RIGHT TO STOP WORK OR TERMINATE CONTRACT If.' The Contractor shall file for any form of bankruptcy relief or make an assignment for the benefit of creditors; or A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within twenty (20) days al~er such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said twenty (20) days; or C. The Contractor shall violate any provision of this Contract; or The Contractor shall fail or refuse to regard laws, ordinances, regulations, or the instructions of the Engineer and/or the TOWN; then, and in any such event, the TOWN without prejudice to any other rights or remedy it may have, and after seven (7) days written notice to the Contractor and Contractor's Surety may terminate the employment of the Contractor and take possession of the premises and all material, tools and appliances therein, and complete the work by contract or otherwise, as the TOWN solely may deem expedient. In such ease, the Contractor shall not be entitled to receive any further payment until the work is finished. 24. CONTRACTOR'S RIGHT TO STOP WORK OR TERMI2qATE CONTRACT ~fthe work shall be stopped by order of the Court or any public authority, Federal or State agency, for a period of three (3) months through no act or fault of the Contractor or any of his agents, servants, employees, material men, or subcontractors, the Contractor may, upon ten (10) 35 days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. If the Contract is terminated by the Contractor, the liability of the TOWN to the Contractor shall be for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment, including reasonable profit and damages. ~ 25. RESPONSEBILITY OF WORK The Congactor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect workethat may become damaged t'rom any cause, e~ther by act or comm~smon or omission to properly guard and p otect the work that may be discovered at any time before the completion and acceptance shall be removed and~bplo,ced by good and satisfactory Work without any charge to the TOWN and that such removal and replacement will be performed immediately on the requirement of the Engineer, noi3~th~t.' anding ~ fact that it may have been overlooked by tke proper inspector, and part/at payment,made thereon. It is fully understood by the Contractor that the inspection of the work shall not ret~eve him of any obligation to do sotmd and reltable work as herein prescn'bed, and that ant, orn~s~on to disapprove of any work by the Enghmer at or before the time of a part~al p'ayment:or-other estimate sliall not be construed to be an a~ceptan :{~-~ of any det'ect~ve work. 26. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: To take every precaution against injury to persons or damages to property; To store his apparatus; materials, supplies and eqmpmem in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors, or other contractors; To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times the site of the work shall present a neat and orderly and workmanlike appearance; 27. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the TOWN He shall notify the TOWN thereof immediately thereafter and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to the TOWN for approval and Change Order executed by the TOWN and the Contractor. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injm:y or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the paymem of extra work and shall be incorporated into a Change Order executed by the ' TOWN and Contractor. 22. SUITS AT LAW the Contractor shall indemnify and save harmless the TOWN f~om and against all suits, claims, demands or actions for any injury sustained or alleged To be snstained by any parry or parties in connection with the construction of the work or any part thereo.f, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the TOWN. the Contractor shall immediately take care of and defend the same at his own cost and expense. 29. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision oflaw and clause required by law to be inserted in this Contract shah be deemed to be inserted herein and the Contract shall be read and enforced as though it. were included herein, and if through mistake or othem4se any such provision is not inserted or is not correctly inserted, then upon the application of either parry the Contract shall be physically amended to make such insertion. 30. SUBLETTING AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign or transfer any work or money due under this contract without first obtaining the written consent of the Town~ This Contract shall insure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 37 Client#: 79051 14NORTHSTARW ( ERTIFICATE OF LIABILITY tN RANCE DATE(I~D/Yy) 05/22/03 JSL & Co. of Atlanta 11330 Lakefield Drive Ere 100 Duluth, GA 30097 770 476-1770 Earthcare Company of New YorIdRGM 972 Nichols Road Deer Park, NY 11729 COVERAGES THIS CERTIRCATE IS ISSUED AS A ~A'CI'ER OF INFORMATION ONLY AND COniFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THi~ CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Zurich American ~NS_~RER B: Sleadfast h~sura~ce Company iNSURER C: INSURER D: THE POLICIES OF INSURANCE LISTED BL%.O~V H/W'E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR T~HE POLICY PERIQD INDICATED. NOTWITHSTANDING /~¥ REQUIREMENT, TERM OR CONDITION OF ~ CONTRACT OR OmH~ DOCUMENT WITH RESPECT TO WHI~ THIS C~TIFICATE MAY BE ISSUED OR M~Y PERTAIN THE INSURANCE AFFO~ BY ~HE POLICIES DESCRIBED HER~N IS SUBJECT TO ALL ~E T~MS ~CLUS[ONS AND CONDITIONS OF SUCH POLICIES. AGGREGATELIMITSSHOWN M~Y HAVE B~ REDUCED ~Y PAID C~IMS, A ~ER~L u~u~ G~53ff54000O 12/20102 12120/03 [E~ 0CCUER~CE ~1 ~ ~ __ POLICY r--I, JEcTPRO' ,-~ LOC iBAP,~39540100 [ A'J~TOMOSI LE LIAEIL~TY ANY AUTO 12120/02 I12120/03 ~ (C~OaM~Ec~l iNdE~D~t ~IN G LE BODILY INJURY (Per person) BODILY INJURY (Per accident) GARAGELA~LTY ANY AUTO OCCUR .__ CLAIMS MADE DEDUCTIBLE WORKERS EMPLOYERS' LIABILITY SUO539540200 OTHER Pollution PLC539539900 12/20/02 t2/20/02 12/20i03 AUTO ONLY: AGG , EAOHOCCURHBNCE -AGGREGATE ~ $~0 $ 12/20/03 $1,000,000/$1,000,000 D~SCRIPTION OF OPERATIONS/LOCATIONS/VESICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER Town Of Southhold Town Hail, 53095 Main Road Southold, NY 11971 ACORD 25-S (7/97) 1 of 2 #M92029 CANCELLATION , AUTHORIZED R PRESENTAT[V~,} JXE (~ ACORD CORPORATION I988