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HomeMy WebLinkAboutNew York Cesspool Sewer ELIZABETH A. NEVTLLE TOWN CLERK REGISTRAR OF VITAL STATISTICS M--AP,~RIA GE OFFICER P~ECORDS MANAGEMENT OFFICER FP~EEDOM OF INFOILMATION OFFICE11 Town Hall, 53095 Mah~ Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown, nor~hfork, net OFFICE OF TI-Hg TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 312 OF 2004 WAS ADOPTED AT ~ REGULAR .MEETING OF TILE, SOUTHOLD TOWN BOARD ON APRIL 6, 2004: RESOLVED that the Town Board o£the Town o£ Sou/~hold hereby authorizes and directs Supervisor Joshua Y. Ho~on to execute an a~reement with the New York Cesspool Sewer and Drain d/b/a Wind River Environmental for thc re~noval~ transportation and disposal of scavenger waste fi-om the Scavenger Waste Treannent Facility. Elizabeth A. Neville Southold Town Clerk CONTRACT CONTRACT IN QUADRIPARTITE FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. dated April 6, 2004, BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, acting for and in behalf of the TOWN OF SOUTHOLD (herein called the TOWN), and NEW YORK CESSPOOL SEWER & DRAIN d/b/a Wind River Environmental (herein called the CONTRACTOR). W1TNESSETH, 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 3/1/04 TO 2/28/05 for the stma of: $..06498 PER GALLON ($ 64.98 /1000 GALLONS) for the unit and/or lump sum price(s) as listed in the Proposal as $129,960.00. 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 rifles, headings, headlines and marginal notes contained herein are solely to facilitate reference to the radons 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. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of the Contract shall govern. 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, in the judgment of the Toyota, involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form. SUBCONTRACTOR: The term SUBCONTRACTOR as used herein, shall mean any person, firm or corporation'applying labor and material for work at the site of the project, but not including the parties to this Contract. 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 authorized agents, representatives 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, REQUIRED, APPROVED, ACCEPTABLE: Whenever they refer to the work, or its performance "directed" "required" "permitted" "ordered" "designated" "prescribed" and words of like import shall imply the direction, requirement, permission, omler, 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 judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all 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 Con, act. 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 quantities of waste removed, as determined bythe 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. 2 Extra Work md/or Changes: The TOWN may, at any lime, 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, shal/ be determined as follows: (1) By such applicable unit prices, if any, as set forth in the contract; or If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed upon by the TOWN and the Contractor; or O) If no such trait prices are set forth, and if the parties cannot agree upon unit prices or a lump sum, then by actual net cost in money to the Contractor of the materials, permits, wages, or applied labor, premium for Workers' Compensation Insurance, payroli 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 administmtion,.overhead, superintendence, insurance, insurance other than Workers' Compensation Insurance, material used in temporary structures, allowance~ made by the Contractor to subcontractors, additional premiums upon the Performance Bond of the Contractor_ 4_ TIME OF ESSENCE Inasmuch as the provisions of this Contract relating to the t/me for l~erformance 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, alier signing this Contract, on April 1, 2004 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 of 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 agreement, the sum of FIVE HUNDRED DOLLARS ($500.00) per day, which mount is hereby agreed upon, fixed and determined bythe parties hereto as the LIQUIDATED DAI~_GES, including overhead charges, 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 have the right to extend the time for the completion 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 Con/a-actor, fires, floods, epidemics, quarantine restrictions, strikes, riots, fivil commotion or fxcight embargoes, the period.herein above specified for completion oflfis work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver bythe TOWN of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided or relieve the Contractor fxom full responsibility for performance of his obligations hereunder, 8. CONTRACT SECURITY The Conlractor 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 this 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 Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the TOWN. Compensation Insurance - The Contracter shall take out and maintain, during the life 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. 4 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 Instlrance as shall protect him and any subcontractor performing work covered by this Contract for claims for damages for p~rsonal injury, including accidental death, as well as fi:om claim~ for property damage which may arise fi'om 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 Liability Insurance in the amount not less than FiVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including xwongful death to anyone person, and subject to the same limit for each person in an amount not less than ONE Mil J.ION 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 THOUSAND DOLLARS ($200,000.) for damages on account of all 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 agaln~t claims arising fi:om the operations of any subcontractor. Owner's Protective Public Liability and Property Damage Insurance -crOWN, 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 injuries to, or death of~ one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily 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 limit per accident a total (or aggregate) limit of TWO HUNDRED THOUSAND DOLLARS ($200,000.) for all damages arising out ofinjuxy to, or destruction of property during the policy period. The insarance 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 5 Contractor or as an aid thereto, whether the same be apart of the Contract or separate there fxom, by means of its own employees or agents, or if the TOWN directs or supervises the work to be performed by the Contractor. Automobile Public Liability and Property Damage Insurance -The Contractor shall take out and rna'retain during the life of the Contract such automobile public liability-and property damage insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including accidental death as well as bom cia/ms for property damage which may arise bom operations under ttds Contract, whether such operations be by himgelf or by any subcontractor, or by any one directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: 0) 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 l/mit 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 famish 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 furnish the TOWN with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability 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 this 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, shal/be permitted or required to work more than eight (8) hours in anyone calendar day, except in cases of extraurdinary emergency caused by fire, flood, or 6 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 to be paid for a legal day% 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 where such work is to be done and each laborer, worker, or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall 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 ~vhich 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 due on account of a contract for a public improvement, it is the duty of the Comptroller of the financial officer of the Municipal Corporation to 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 to 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 whose wages are unpaid and the amount due eacl~ 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 to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract Was entered 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 ~clmitted by any Contractor or subcontractor in such statement or statements so filed 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 show~a 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 the Con.actor, 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 mi~immn hourly wage scale shall be guilty ora misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.) or by imprisoment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000.) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established bythe Industrial Commissioner, State of New York, for this 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 ~vork 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 rev',ew 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 foith in the Proposal. In consideration of the work done and the materials furnished, the TOWN will pay or cause to be paid to the Contractor the above less .such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitable discharged. The malting of any such payment made thereon shall not be taken or conslrued 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 fiual payment shall be, and shall operate as a release to the TOWN from all claims and all liab'flities 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 to, 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'prior 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 scheduie therefore. Such schedules are not intended to bind the Contractor to a predetermined plan or procedure, but rather to enable the Enginee~ to coordinate the work of the Contractor with work required of and to be performed by others. 16. PLANS AND SPECII~ICATIONS -INTERPRETATIONS The Contractor shall keep one (1) copy of the Specifications signed and identified by the Town. In case of any conflict or inconsistency between the Proposal and Specifications, the Proposal shall govern. Any discrepancy between the Proposal and Specifications shall be submitted to the Engineer, whose decision therein shall be cenelusive. 17. PROTECTION OF WORK, PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all 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 Conslxucfion, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. Thc Contractor shall famish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Eng/neer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve thc area and request their assistance in predetermining thc 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 his 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 thc contract documents, or by the TOWN or its duly authorized representatives. The Contractor shall provide and maintain such xvatchers, barriers, lights, flares and other signals, at his own expense, as will effectively prevent any accident In consequence of his work for which the TOWN might be liable. The Contractor shall be liable for all Injm'y 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 financially solvent and that he is experienced in and competent to perform the type of work involved under this Contract and able to famish 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 ofth0se employed heretmder, Including but not limited to any special acts relating to the work; and 9 That such work required by these con~:act 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, and thc site of the work, and that f~om his own investigation he has satisfied hlmselfas to the nature and location of the work, the character, location, quality and quantity of surface and subsarface materials, s~'uctures and utilities likely to be encountered, the character of equipment, and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 19. AUTHORITY OF THE ENGINEER In thc 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 'all other questions in connection with the workl Upon request, the Engineer shall confirm in writing any oral orders, dkections, 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 enumerated shall be so governed and so performed, but without exception al/the work ~hall be governed and so performed. Nothing herein shall be coustmed 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 rig/at to make altemfious 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 al/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, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. The Contractor expressly warrants that his equipment shall be free f~om any, and agrees to correct any defects immediately. 10 22. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold from the Contractor so much of any approved payments due him as may, in the judgment ofth~ TOWN, be necessary. To assure the payment of just claims then due and unpaid of any persons 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 or damage to the work or property of other con, actors or subcontractors or others, caused by the act or neglect of the Contractor or any of his 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 clsim.q or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. TIlE TOWN'S RIGHT TO STOP WORK OR 'I~IINATE 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 after such appointment, or the proceedings in connection tbemwith shall not be stayed on appeal within the said twenty (20) days; or C. The Conlxactor 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 conffact or otherwise, as the TOWN solely may deem expedient. In such case, the Contractor shall not be 'entitled to receive any further payment until the work is finished. 24. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT I/the work shall be stopped by order of thc 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) 11 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. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract unffl its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause, either by act or commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced 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 E~neer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment marie thereon It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as here'm prescn~bed, and that any omission to disapprove of any work by the Engineer at or before thc time of a partial payment or other estimate shall not be construed to be an acceptance of any defective work_ 26. USES OF PREMISES AND REMOVAL OF DEBRIS The Con, actor expressly undertakes at his own expense: B. To take every precaution against injury to persons or damages to property;, To store his apparatus; materials, supplies and equipment 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 fi.equently clean up all refuse, rubbish, scrap materials and debris caused by the operation~ to the end that at all times the site of the work shall present a neat and orderly and workmanlike appearance; 27. POWER OF ~ 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 fi.om the TOWN He shall not'fly 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 12 under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount ofreimbursemant claimed by the Contractor on account of any such action shall be determ'med in the manner provided herein for the payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shah indemnify and save harmless the TOWN from and against ali suits, cla'mas, demands or actions for any injury susta'med or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof~ or any commission or omission of the Corrtractor, his employees or agents or any subcontractors and in case any such action shall be brought against the TOWN, the Contractor shall immed/ately take care of and defend the same at his own cost and expense. 29. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in thi~ Contract shall be deemed to be inserted herein and the ConWact shall be read and enforced as though it were included herein, and if through mistake or other~vise any such provision is not inserted or is not correctly inserted, then upon the application of either party 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 Towm 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 Supervisor, Joshua Y_ Horton NY Cesspool Sewer & Drain D/b/a Wind River Environmental ' 13 FORM TO ACCOMPANY CONTRACTS, LEASES AND AGREEMENTS SENT TO THE TOWN ATTORNEY FOR APPROVAL The document is between the Town of Southold and New Renewal If renewal, what is the expiration date of the previous document? Term of document: Information regarding the nature of the document (what is it for): Resolution Date: ..,'~, ,~& G: 2~©o Date document needs to be signed by: L..~,~.~. Sent ~o: ~f~c~ ~'~~ ua~e: · ,' ~t~/~~ Date: L:;~,bt ?~ Date: Contact Person at TOS: ELIZABETH A. NEVI-LLE TOWN CT.E~K REGISTRAR OF VITAL STATISTICS iVIARRIAGE OFFICER RECOI~DS MANAGEMENT OFFICER FREEDOM OF liN-FORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Sou~hold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sou~holdtown_nortl~fork.net OFFICE OF ~ TOWN CLERK TOWN OF SOUTHOLD July 30, 2004 New York Cesspool d/b/a Wind River 11-11~ Street Ronkookoma, New York 11779 D~ar Sirs: The Southold Town Board at their regular meeting on April 6, 2004 accepted your bid for thc renewal of your contract for the removal, Ixansportation and disposition of Scavenger Waste l~om thc Town facility. A ccrt/fied copy of this resolution is enclosed_ Also enclosed are four (4) copies of the conWact wh/ch have been signed by Supervisor Horton~ Please sign all three copies as indicated, retain the copy marked "your copy", and return the three (3) remaining "Town Copies" to me in the seW-addressed envelope at your earliest convenience. If you have any questions, please call my office at 631 765-1800 and speak to my Deputy Linda Cooper. Very truly yours, Elizabeth A_ Neville So,,thold Town Clerk Enclosures(3) & return envelope