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HomeMy WebLinkAboutRemove/Transfer Scavenger WasteClient#: 79051 14NORTHSTARW ACORDT. CERTIFICATE OF LIABILITY INSURANCEDATEIM.DE , 12/17/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA'Iq'ER OF INFORMATION J. Smith Lanier & Co.-Atlanta ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11330 Lakefleld Drive Ste 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Duluth, GA 30097 770 476-1770 INSURERS AFFORDING COVERAGE NAIC # ~NSURED INSURERA: Zurich American Ins. Co. North Star Waste, LLC INSURER B: American Intl Spec Lines dlbla Earthcare Co. of New York INSURERC: Everest National Ins. Co. 972 Nichols Road ~REURER 0: Gulf Underwriters Ins. Co Deer Park, NY 11729 INSURER E: Cr~VERAGES ~ HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDtCATED. NOTVVITHSTANDING ;'~Y REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR li~ .\Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ~"'OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A_. GE~NERAL LIABILITY GLO5395400-01 12/20/03 12120/04 PREMISES DAMAGE EACH OCCURRENCE TO fee RENTED occurreq~) $1,000,000 , X COMMERCIAL GENERAL LIAEILITY $500~000 I CLAIMS MADE [] OCCUR MEDEXP(Anyoneperson) $5,000 -- PERSONAL & ADV INJURY $110001000 -- GENERAL AGGREGATE s2,000,000 -] o cY JED. A -- AUTOMOBILE UABILITY BAP5395401-01 12/20103 12/20104 COMBINED SINGLE LIMIT X ANY AUTO (Fa accident) $1,000,000 B EXCESS/UMBRELLA U^E~UW 1745507 12120103 12120/04 LAC, OCCURRENCE $1010001000 X~ OCCUR [] C~IMS MADE AGOREC~TE S10,000,000 C WORKERS COMPENSATION AND CA00000086031 12115103 12115104 X ToRyWC STATU'L M TS IOE3RH' S~ECIAL PROVISIONS below E.k. DISEASE - POLICY LIMIT S500,000 D Contr. Pollution ou282869~ECEIVED 12120/03 12/20104 $1,000,000151,000,000 r~ERCRIPTIO. OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ' 2 2 2003 . , $outhold fown Cle CEr~TIFICATE HOLDER CANCELLATION Town Of Southhold Town Hall, 53095 Main Road Sou,hold, NY 11971 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~n DAYS WPJI~EN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALl. IMPOSE NO OBUGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, IT~ AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) 1 of 2 #M140383 e ACORD CORPORATION t988 11330 Lakefleld Ddve, Ste, 100 Duluth, GA 30097-1508 Phone: 77C).476-1770 er 'l-800.226-4516 Ext 7235 Fax: To: Elizabeth Neville From: Jamila Ellison Fax: 63t .76S.6145 Pa~: May 22, 2003 Phone'. Pmgeea 2 Re: COl CCi K'Kn Polfz~- 631-586-O530 [] Urgent [] For Review ~ Please Comment [] Please Reply [] Please Recycle · Comments: Here is ~le certificate of insurance per your request. Thank yeulr 0 P. 05/22/03 hlRY. ~£. 2003 4: 25_P.,~nt#: 3*,:..S.MZTH LRNTER & CO. 14NORTHS,.N~O...??7 ACO_E CERTIFICATE OF LIABILITY INSURANCE JSL & Co. of Atlanta 11330 t.akefield Drive Ste 100 Duluth, GA 30097 770 476-1770 Earthcare Company of New YorldRGM 972 Nichole Road Deer Park, NY 11729 COVERAGES THIS CERTIFICATE IS ISSUED AS A MAI'i'ER OF INFORMA'nON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. YH 8 CERTIFICATE DOES NO¥ AMEND, EXTEND OR ALTER THE COVERAGE AFEORDED BY THE POE C ES BELOW, INSURERS AFFORDING COVERAGE ;NSU~E~ A~ Zurich American t~SUR;..: Ste.~.clf:a_ s_t l_ns__ura@c?._C.o.~mmEa_ny ~EUREfl D: THE POLIO~E8 OF INSURANCE LISTED BELOW HAVE BEEN 18SUED TO THE INEUR~ NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO~ITH~OING ANY REQUIREMENT, TERM OR ~NDmON OF ANY ~N~ACT OR O~ER DOCU~E~ ~TH R~P~ TO ~ICH THI90ERTIFICATE MAY BE ISSUED OR NAY PERTAIN, ~E INSUR~CE ~FORO~O DY ~E ~g~CIES DESCRIBED H~N IS 8U~E~ TO ~L THE TERMS~ ~CLUSIONS ~D CONDITIONS OF SUCH POLICIES. AGGR~ATE UMIT8 SHOWN MAY HAVE BEEN REDUC~ BY PAiD c~ ~PE OFINSURANeE ~LICY ~UMB~R ~ ~) ~ U~ITS A ~c ~m~Y GLO539~000 I ~20/02 ~ ~20/03 E~H OCCURRE~E $1,000,000 A AU~OMOBI~ UABIUW BAP539540100 12/20/02 12/20/03 ~MBiNED 81NG~ LIMIT ~%000,000 .... H(REO AUTOS ~OD Ly iHJURY B sx~.= ~a~Y 9UO539~200 I~20102 1~Z0103 B , o~. Pollution PLCS39539900 12120102 12120103 $1,000,000151,000,000 CERTIFICATE HOLDER I I ADDmONALINSUREDdNSURER!-EIrTEP~ CANCELLAllON Town Of Southhold DA~ ~E~, ~E ~lNO INSURER Wl~ ENDEAVOR TO~LA~ CA. WReN Southold, ~ 11971 IM~ENOOBLIGA~ONORLIABILI~OF~Y~ND U~NmEINSURER,ITS~GENTSOR JXE ® ACORD CORPORATION 1968 ACORO ~-S (7~97) 1 of 2 #M92029 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 5, 2003 Steve Plosker, Serv/ce Center Manager Earth Care Company of New York 972 Nicolls Road Deer Park, New York 11729 Dear Mr. Plosker, Enclosed please find two (2) copies of the conlxact between the Town of Southold and Earth Care Company for your signature. Please sign both copies, remm the TOWN COPY in the self- addressed envelope and retain the other one for your files. Thank you. Very truly yours, Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEV~IJ.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 260 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2003: RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Joshua Y. Horton to sign an agreement with Earth Care Company of New York for the removal and disposal of scavenger waste from thc scavenger waste facility, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk CONTRACT CONTRACT 1N 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 8 ~ 2003, 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 calledthe TOWN), and Earth Care Company of NY (herein called the CONTRACTOR). WlTNESSETH, 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: .066t45¢ PER Tota I ~ GALLONg ($132,900 ]I~)0X~I.K)I~) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 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, in the judgment of the Town, 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, finn 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, 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 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 Contract. 3. COMPENSATION TO BE PAll3 TO THE CONTRACTOR Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the actual quantifies of waste 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 Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be d~,ermined as follows: (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 by the TOWN and the Contractor; or (3) 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, 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, material used in temporary structures, allowances 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 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 signing 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 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 amount is hereby agreed upon, fixed and detonnined 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 have the right to extend the time for the completion of said work. 7. EXTENSIOI~ 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 freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the 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 stma 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for claims for damages for personal injury, including accide~al death, as well as fi.om 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, and the amounts of such Insurance shall be as follows: (t) Public Liability Insurance in the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to anyone 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) Property Damage Insurance in an amount not less than ONE HLrNDRED 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 against claims arising fi.om 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 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 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 TOWN directs or supervises the work to be performed by the Contractor. Automobile Public Liabihty and Property Damage Insurance -The Contractor shall tal~ out and maintain 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 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 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 fumish 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, shall be permitted or required to work mom than eight (8) hours in anyone calendar day, except in cases of extraordinary emergency caused by fire, flood, or 30 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'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 where ~h 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 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 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 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 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 admitted 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 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 the 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 guilty of a misdemeanor and, upon conviction, shall be punished for a first offense 3~ 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 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 contr~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 by the 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 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 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 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 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 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 keel~e (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 conclusive. 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 Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 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 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 consequence of his work for which the FLOWN might be liable. The Contractor 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 financially 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 limited 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, and the site of the work, and that from,aris own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 from any, and agrees to correct any defects immediately. 34 22. THE TOWN'S RIGHT TO WITHI-IOLD 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 th~,~payment of just claims then due and unpaid of any persons supplying labbr or materials for the work; B. To protect the TOWN fi.om loss due to defective work not remedied; or To protect the TOWN fi.om loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The TOWN shall have the fight, 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 to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S 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 after 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 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 If the 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) 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, inclunting reasonable profit and damages. 25. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 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 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 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 injury 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 payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN fi:om and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall 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 otherwise 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 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 YvHEREOF, the parties hereto have set their hands and seals the day and year first above written. J~3uper~i~orrJosh-ua Y. ]:F6rton Earth Care Company o,f New York 37 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 8 ~ 2003, 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 Earth Care Company of NY (herein called the CONTRACTOR). WlTNESSETH, 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: .066q5¢ PER Total Xl3gOt3gl~ GALLONg ($132,900 /g{~00~) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 25 WORK: The term WORK, as used herein, refers to all of the work involved in removing and properly disposing of scavenger waste fi.om 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 Town, 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, 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 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 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 of waste 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 Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 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 signing 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 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 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 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, hots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the 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 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 Contractor shall the 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. 2B 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 subcontractor performing work covered by this Contract for 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, 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 wrongful death to anyone 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) 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 against claims arising 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 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 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 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 maintain 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 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 any one directly or indirectly employed by either of them and the mounts 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 fumish 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, shall be pemfitted 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 to 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 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 fi.om 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 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 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 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 fi.om the whole amount of any payment on account thereof the sum or sums admitted 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 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 the 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 guilty of a misdemeanor and, upon conviction, shall be punished 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 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 by the 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 subcontractom 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 ot~en 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 materials fumished, 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 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 cmmection 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 other~vise, 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 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 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 conclusive. 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 Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 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 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 consequence of his work for which the ~1 OWN might be liable. The Contractor 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 financially 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 limited 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, and the site of the work, and that f~om his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 flee from any, and agrees to correct any defects immediately. 34 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 of the 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 fi.om loss due to defective work not remedied; or To protect the TOWN fi.om loss due to injury to persons or damage to the work or property of other contractors 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 claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S 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 after 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, ord'mances, 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 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 If the 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) 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 until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged fi.om 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 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 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 frequently clean up all refuse, rubbmh, 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 fi.om 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 36 under this Contract, then upon authorization from the Engineer to prevent such threatened inj~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 mariner 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 shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained 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 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 REQUI1LED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall 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 otherwise 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 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 ~3:IEREOF, the parties hereto have set their hands and seals the day and year first above written. /S~uperviso~-' Jos ua Y. Horton Earth Care Company of New York 37 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 232 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth Care Co. of New York~ for the removal, transportation, and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenport, in the amount of $0.06645 per gallon with a total price of $132,900.00, all in accordance with the bid specifications and the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESOLUTION APRIL 8, 2003 V - 232 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth Care Co. of New York, for the removaL transportation, and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenport~ in the amount of $0.06645 per gallon with a total price of$132~900.00, all in accordance with the bid specifications and the approval of the To~vn Attorney. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net 2003 SCAVENGER WASTE REMOVAL & TRANSFER BID OPENING 10:00 A.M., Thursday, February 13, 2003 Received Four (4) Bids: Earthcare Company of New York of New York 972 Nichol's Road Deer Park, N.Y. 11729 Wind River Environmental, LLC 10 LoGrande Court Bohemia, NY 11716 Don Patanjo Cesspool Service 19 Stiriz Road Brookhaven, NY 11719 Per Gallon $ 0.06645 $ 0.075 $68.60/sq. yard Total $132,900.00 $150,000.00 $137,200.00 Russell Reid Waste $ 0.0917 $183,400.00 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): / ~ ~ 'v~ ~{ ~,o0 ~D~SS: ,/ a ~ 8 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day perio~t._ PRICE PER GALLON · __ DOLLARS . DOLLARS lo THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO L1QUDATED DAMAGES 1N THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND~FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND 1NAN AMOUNT OF 25% OF THE TOTAL BID PRICE. 12 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southotd, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indenmifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated dmnages for such default; otherwise, said check or bid bond will be returned to the undemigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BUSINESS ADDP:~ESS OF DATED AT: t ~THE ~'~ ---DAY OF_ 2003. ~4 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): FIRM NAME: ~IG~ED BY: /; TITLE: 8 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. PRICE PER GALLON · 0 A~.~ ~l,d~/~ ~ TOTAL ~' / ~d2/~. ~ O DOLLARS ,~,~,~ ,&,,e.a~,o,~Z ,~,,~ :~,~.'~¥~k ------ 10 THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (I 2) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FWE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FWE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5~ DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Comract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full nantes and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BIDDER BUSINESS ADDRESS OF BIDDER /~:~ d.~:~~ DATED AT: THE ,&:9'~ DAY OF ,~',~-/ ,2003. 14 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Wind River Environmental, LLC as Principal, hereinafter called the Principal, and Continental Casualty Company CNA Plaza, Chicago, Illinois 60685 a corporation duly organized under the laws of the State.of -Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, In the sum of Five Hundred ....... Dollars ($500.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Scavenger Waste Treatment Facility waste transport and disposal, Town of Southold, NY NOW, THEREFORE, if the Ob~igee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or, Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt paymentlof labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract a~nd give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 10th day of February 2003 Wind River Environmental. LLC (Principal) (Seal) (Title) (Witness) Continental Casualty Company Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies, The language in this document conforms exactly to the language used in AIA Document A310 - Bid Bond. February 1970 Edition. QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): m p ss: SIGNED TITLE: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. ./ i0 THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. 1F THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FWE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND 1N AN AMOLfNT OF 25% OF THE TOTAL BID PRICE. PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BIDDER ~ ~) /g~o BUSINESS ADDRESS OF DATED AT: THE DAY OF __,2003. 14 J QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): Russell Reid Waste Haulin8 ~d Disposal Service Co., 200 Smith Street FIRM NAME: ~ '~K~asbey, NJ 088'103~32 S GNED TITLE: David $. Dam l~xccutivo Vice President 8 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Famishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximatgly 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 9.0 day period. / PRICE PER GALLON f,' ~ ?//~ _t~//~_~DO~ DOLLARS l0 THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FiVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES 1N THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FiVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND 1N AN AMOUNT OF ~5% OF THE TOTAL BID PRICE. 12 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furrdsh the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice fi.om the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS GA~ M. WU~tR 22 CONVENTRY DRIVE WAYSIDE, RI 07712 NAME OF BIDDER WF. NDY Wr-iN C-R RUNTS ROAD OLINTON, NJ 08809 tlA¥1D 1. DAM 54 WESTGAIE DRIV~ ANN/~31DALL NI 08801 BUSINESS ADDRESS OF BIDDER MITCHELL WEINER 16 SLEEPY HOLLOW ROAD RED BANK, NJ 07701 Russell Reid Waste Hauling and Disposal Service Co., Inc. 200 Smith $~reet P.O. Box 130 Keasbey, NJ 08832 ,DATE2? ,2003. 14 THE AMERICAN INSTITUTE OF ARCHITECTS BOND # G-50-492 AIA Document A3 ] O Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we RUSSELL REID RESPONSIBLE WASTEWATER MANAGEMENT 200 SMITH STREET KE~SBEY, NJ 08832 (Here insert full name And address or legal title of Contractor) as Principal, hereinafter called the Principal, and GREENWICH INSURANCE COMPANY ONE EXCHANGE PLACE SUITE 501 JERSEY CITY, NJ 07302 a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SMITHOLD 83095 MAIN ROAD SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of ~ 'I~I~DII~, Altl) OOIlO0 '- DOLLARS ($500.00) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submined a bid for TRANSPORTATION AND/OR DISPOSAL OF WASTEWATER (14¢r¢ insert full name, addrosa and description of project) NOW, THEREFORE, if the Obligee Shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and voiotherwise to remain in fall force and effect. Signed and sealed this 3rd day of Eebruary 2003 / 22 CONVENeRs' AIA DOCUMENT A310 BID BOND ~ FEBRU~Y 1970 ED THE ~E~cAN ~STITUTE OF ~CI4ITECTS, 1735 N.Y. AVE. N.W, WASH~GTON, DC. 20006 WSS fEW, R Executlve Vice~ ' GREE~ICH INSU~NCE COMPANY (Title) Anna B. D~aI~ , Attorney-in-Fact NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnishedherewith, theoffici~ofprior to the bid. ~ (Signed) ~.~V-~'~-~(~ (Corporate Title) \ (if any) ~ printed Name ?--)~.~ ¢~:~'~ ¥ \ Company Name Bid on YEAR 2003 SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (1) year (minimum of five (5) such projects): ADDRESS: PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day periot:l._ PRICE PER GALLON ~ .0~6 /~51~ DOLLARS TOTAL , DOLLARS l0 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: TOTAL BID Unit prices bid per gallon shall b'e-'dsed as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the fight to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the fight to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. 12 PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUS 1NES S: ., EMERGENCY: 13 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to famish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BIDDER BUSINESS ADDRESS OF ' co DATED AT: ~t ,~THE ~%AYOF ~2003. 14 PROPOSAL NON-COLLUSIVE BDD1NG CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and beliefi (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, SIGNED BY: If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: ~ QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): FIRM NAME: ~IG~IED BY: / ' TITLE: 8 PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. PRICE PER GALLON , O ~t[5 ~d,~ ~ lO PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: gt' d FACILITY CONTACT PHONE TOTAL B~ TOTAL DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the fight to select the Total Bid or reject a bid ifa contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. 1F THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES 1N THE AMOUNT OF FWE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: /~ ~.~ SIGNED BY: ~ TITLE: ,~'~-,~" FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: bJ't, ~',,o~,.~ ~, t~ ? EMERGENCY: ~7/. $3/" PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter imo a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BIDDER BUSINESS ADDRESS OF . DATED AT: THE ,/t:~''~ DAY OF ,,~'a~l~ff' ,2003. 14 PROPOSAL NON-COLLUSIVE BDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, FIRM NAME: FIRM ADDRESS: SIGNED BY: ~ TITLE: If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Wind River Environmental, LLC as Principal, hereinafter called the Principal, and Continental Casualty Company CNA Plaza, Chicago, Illinois 60685 a corporation duly organized under the laws of the State.of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold, 53095 Main Road, Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Rundred ....... Dollars ($500.00 ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Scavenger Waste Treatment Facility waste transport and disposal, Town of Southold, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or, Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt paymantlof labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract ahd give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full fome and effect. Signed and sealed this 10th day of February ,Y~ 2003 Wind River Environmental. LLC (Principa0 (Seal) (Title) (Witness) Continental Casualty Company (Surety) (Seal) Amelia H. Stolberg (T e) A or~y- n- ac Printed in cooperation with the American Institute of Architects (AIA) by the CNA Insurance Companies. The language in this document conforms exactly to the language used in AIA Document A310 - Bid Bond - February 1970 Edition. CNA QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): A DU SS: //7/'7 T1TLE: PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. PRICE PER GALLON ''~ ~. ~, ~ O ~ ], ~P OO ~.~ DOLLARS To,ALl//.3 _ ~ 0 0 '- DOLLARS lO PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: ~3 ,D ,,~ ~-- ~ t_ Jr... FACILITY CONTACT PHONE TOTAL BID TOTAL f'//3 '-?. c~O Z> '- DOLL.S / Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the fight to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. 11 THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FiVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BD PRICE. ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: 'Z/t/Va--- .//d ¢ , EMERGENCY: ~7~' ~7 q~5;:vO~'' 13 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BUS1NESS ADDRESS OF BIDDER DATED AT: THE DAY OF ,2003. //7/¢ 14 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Co) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): Russell Reid Waste Hauling and Disposal Service Co., ~ FIRM NAME: 200 Smith Street ~..- -lg~easbey, NJ 08832"~ ADDRESS.5/.'~/ SIGNED : TITLE: David J, Dam Exccutivo Vice President PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: David J. Dam Executive Vice President PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 9.0 day period. PRICE PER GALLON DOLLARS l0 PROPOSAL TOWN OFSOUTHOLD SUFFOLK COUNTY, NEWYORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY NAME: FAC~ITY ADDRESS: FACILITY CONTACT PERSON: '~o FACILITY CONTACT PHONE TOTAL BID TOTAL /i//',~/. ~"e~ O,- DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: Russell Reid Waste Hauling and Disposal Service Co., Inc. 200 Smith Street P.O. Box 130 Keasbey, NJ 08832 SIGNED BY: TITLE: :~ ' David J. Dam Executive Vice President FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: f~ '-~'~ ~/,fi:r~(5/~, EMERGENCY: 13 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indenmifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice fi.om the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's cheek or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS GARY M. wumE~ 22 CONVENIRY DRIVE WAYSIDE, NJ 07712 NAME OF BIDDER ~V~.NDY W~.iN~-H 11 HUNTS ROAD CLINTON, NJ 08809 DAVID J. DAM 54 WESTGATE DRIVE ANNANDALE NJ 08801 BUSINESS ADDRESS OF BIDDER MITCHELL WEINER 16 SLEEPY HOLLOW ROAD RED BANK, NJ 07701 Russell Reid Waste Hauling and Disposal Service Co., lno. '"99 Sm!th Street P.O. Box 130 Keasba¥, NJ 08832 DATED AT:/ ~f~b~T~E 7_ DAY OF ~::~ ,2003. 14 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, FIRIVl NAME: FIRM ADDRESS: Russell Reid Waste Hauling and Disposal Service Co., Inc. 200 Smith Street P.O_ -~ex Keasbey, NJ 08832 SIG '" / TITLE: David ]. Dam Exccu'.ive XJice President~ If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 THE AMERICAN INSTITUTE OF ARCHITECTS BOND # G-50-492 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we RUSSELL REID RESPONSIBLE WASTEWATER MANAGEMENT 2oo SMITH STREET KEASBEY, NJ 08832 as Principal, hereinafter called the Principal, and GREENWICH INSURANCE COMPANY ONE EXCHANGE PLACE SUITE 501 JERSEY CITY, NJ 07302 a corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto TOWN OF SMITHOLD 53095 MAIN ROAD SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of FIVE m~rtqnmm, AlqD 00/100 '- nOLLARS ($500.00) for the payment of which sum well and truly to be maci~, the said Principal and the said Suretyl bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRANSPORTATION AND/OR DISPOSAL OF WASTEWATER (Here insert f~[I name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and voiotherwise to remain in full force and effect. Signed and sealed this 3rd day of February 2003 RUSSE~J~ W~I~EW // ~2 CONVENTRY [)F:tVE Davi,,~. llat Executive ¥ice~-- GREEN~V1CH INSURANCE COM~PANY (Title) Anna B. Diale , Attorney-in-Fact (Seal) AIA DOCUMENT A310 BID BOND AIA® FEBRUARY 1970 ED THE AMERicAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE,, N,W, WASHINGTON, D.C. 20006 1 ELIZABETH A. NEVII.I.E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLEHK TOWN OF $OUTHOLD September 10, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Steven Plofker Earth Care Co. 972 Nicolls Road Deer Park, NY 11729 Dear Mr Plolker: The Southold Town Department of Public Works has advised this office that the contract has been fulfilled for the Removal and Disposal of Scavenger Waste for the year 2003. Returned herewith is the certified check you submitted with this bid. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enc. JAMES C. McMAHON Director Telephone (631) 765-1283 Fax (631) 765-9015 Town Hall, 53095 Main Road P:O. Box 1179 Southold, New York 11971 TOWN OF SOUTHOLD DEPARTMENT OF PUBLIC WORKS MEMO ttCE aO 8EP - 9 2004 To: Lynda Bohn From: Jim McMahon $outhold Town Clerk Subject: Date: Bids September 9, 2004 The following jobs have been completed and the deposit checks can be returned to the contractors: West Road Bulkhead Project, South Shore Docks Orient/East Marion Park, Paul Corazzini & Sons Scavenger Waste Removal, Earth Care INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEIPT AND OPENING OF BIDS The Town Board, of the Town of Southold, Southold, New York (herein called the "Town") invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately and completely including the attached non-collusive bidding certificate. Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRI?TION OF THE WORK Said work is more particularly described in the attached specifications. The specifications are attached to and are a part of the contract documents. 3. PREPARATION OF PROPOSAL Proposals shall be submitted on the prescribed form. All blank spaces for unit prices, lump sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and figures. 4. ERRORS IN BID In the event there is a discrepancy between the unit prices and/or lump sums written in words and written in figures, the unit prices and/or lump sum written in words will govern. In the event there is a discrepancy between the unit price and the total price for a particular item, the unit-price will govern. 5. APPROXIMATE QUANTITIES The quantities given in the proposal are approximate only, being given as a basis for the uniform comparison of bids, and the Town does not expressly or by implication agree that the actual amount of work will correspond therewith. The actual quantities of materials used will be measured on site of work by the Engineer or his representative. INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 6. BIDDERS TO CHECK APPROXIMATE QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Town, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed for the completion of the work, except as provided in the Contract. 8. 1NTENT OF CONTRACT DOCUMENTS The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the various unit price and lump sum bids on the items as listed in the proposal. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall not relieve any bidder from any obligation in respect of his bid. Site inspection shall include surface and subsurface conditions. Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions. The Town will make available to the bidder any information obtained by investigations previous to opening bids, but makes no guarantee with respect to the accuracy of such information, and each bidder in bidding represents that he relies exclusively upon his own investigations and he makes his bid with a full knowledge of all conditions, and the kind, quality and quantity of work required. INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 10. QUALIFICATION OF BIDDERS. The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Town all such information and data requested for this purpose. 11. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U.S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an amount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be retthmed promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance of his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 14. REJECTION OF BIDS The Town reserves the right to reject any or all bids, or to accept any bid should it deem it to be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. INSTRUCTIONS TO BIDDERS/WAGE RATES (CON' 15. POWER OF ATTORNEY Attorneys in fact who sign contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds. 16. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTING HIS BID. 17. SPECIFICATIONS FEE The Twenty-five Dollars ($25.00) fee for each set of specifications is non-refundable. 18. LABOR RATES The Contractor shall pay not less than the minimum hourly wage rates on this Contract as established in accordance with Section 220 of the Labor Law and in accordance with all other applicable laws. 19. PERFORMANCE BOND Attorney. [ 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. QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): q~ ZI S'=:'°}Ooo. ADDRESS: 8 PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period._ PRICE PER GALLON · DOLLARS · I DOLLARS l0 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: TOTAL BID Unit prices bid per gallon shall b'c'~ised as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid ifa contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: ., EMERGENCY: 13 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Comract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter imo a contract in accordance with this bid within ten (10) days after due notice fi.om the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BIDDER BUSINESS ADDP~SS OF DATED AT: 14 PROPOSAL NON-COLLUSIVE BDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, FIRM If this bidder cannot make the foregoing certification, a statement signed by the bidder is(~ attached setting forth in detail the reasons therefor. Indicate if statement is attached: ~5 BUILDERS RISK INSURANCE~ INDEMNITY~ LIMITATION OR LIABILITY 1. BUILDERS RISK INSURANCE The Contractor shall purchase and maintain during the course of construction until issuance of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co-insureds the CONTRACTOR and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped PREMIUM PAID. 2. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD -HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the work described in the contract documents, but not including liability that may be due to the sole negligence of the OWNER or its officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Owner to those named shall not exceed Fifty Thousand Dollars ($50,0000, or 5% of the contract award amount, whichever is greater. GENERAL CONDITIONS 1.0 GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifications and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provision shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials, plant, labor and other requirements :of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price of the various items of the entire Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either cited on the index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be complementary to the other sections. It is intended that they include all items of labor and materials and everything required and necessary to complete the work, even though some items of work or materials may not be particularly mentioned in every section or may have been inadvertently omitted from the Drawings or Specifications or both. 3.0 APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Town for approval a list of all the subcontractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Town. 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations (a) Addenda (later dates to take precedence over earlier dates); (b) Drawings (schedules or notes to take precedence over other data shown on Drawings); (c) Detailed Specifications 17 GENERAL CONDITIONS (CONT'D.) (d) General Specifications (e) General Conditions All work that may be called for in the Specifications, shall be famished and executed by the Contractor. Should any work or material be required which is not denoted in the Specifications, either directly or indirectly, but which is necessary for he proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely delineated and described. 5.0 ADDITIONAL WORK Additional work, if required to be performed under this contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole .judge as to whether such work was intended as part of the Contract or is in addition thereto. 6.0 OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and subsequent revisions. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces. All specific requirements of the Act shall be adhered to. 7.0 SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal to the hospital for treatment of any employee either seriously injured or ill. 8.0 SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary conveniences for the use of employees on the work. Such conveniences shall be properly secluded fi:om observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, GENERAL CONDITIONS (CONT'D.} ordinances and regulations governing these facilities. The contents of the same shall be removed with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious diseases as may be deemed necessary .In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons connected with the work. The building of shanties or other structures for housing the workers, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. 9.0 RESPONSIBiLITY OF CONTRACTOR The Contractor is responsible for complete conformance to the Plans and Specifications; proper construction procedures; coordination with subcontractors, other contractors and utilities; and safe working conditions for its employees. 10.0 LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. 11.0 CONTRACTOR'S REPRESENTATIVE The Contractor, in case of its absence from the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representative available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than 24 hours. 12.0 SCHEDULE OF VALUES N/A GENERAL CONDITIONS (CONT'D,) 13.0 INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 CLA1MS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions immediately, and then file a written protest with the Town aga'mst the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 15.0 NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. All excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by CLS General Business Law, Part 761. All conduits, water mains and gas mains encountered in the construction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay and at its own expense, repair the same to the satisfaction of the Town. If such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any moneys due or to become due the Contractor. 16.0 INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in anyone phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract or of any materials used upon said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 20 GENERAL CONDITIONS (CONT'D,) 17.0 DAMAGES All damages, direct or indirect, of whatever nature either resulting from the performance of or resulting to the work under this Contract during its progress from whatever cause shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment request, as prepared by the Town. 18.0 GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Town, except as otherwise specified. Upon written notification from the Town, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no cost to the Town. 19.0 STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Engineer for the Town. The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other employee designated by the Town Board to administer this contract, The word "Owner" shall refer to the Town of Southold. 21 SECTION 13219- SCAVENGER WASTE REMOVAL TRANSPORTATION AND DISPOSAL P~T1 GE~L 1.1 SECTION INCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the d ration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 SUBMITTALS Within one week of comract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that the proper disposal facility has been identified, and that the facility is being operated in accordance with all applicable regulations. The information shall be submitted in writing and include name, location and address 22 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} of the disposal facility, EPA and/or State facility identification number, SPDES/NPDES pen:nit, and supervisor's name and telephone number. Should the Contractor change the proposed disposal location, submittal of the above required information for the new location shall be made to the Owner prior to removal of scavenger waste. PART - 2 PRODUCTS NOT USED NOT USED PART - 3 EXECUTION 3.1 REMOVAL OF SCAVENGER WASTE The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility, Remove approximately 150,000 gallons per month during the months Of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest comer of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use ora clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supematant, grit, scum, and other products ofbiodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 23 SECTION 13219- SCAVENGER WASTE REMOVAL~ TRANSPORTATION AND DISPOSAL (CONT'D} The transfer of scavenger waste from the equalization tank shall be performed in a clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold Scavenger Waste Treatment Facility. Dilution of the equalization contents will not be allowed. 3.2 TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker tracks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 24 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 ~ 2003, 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 (herein called the CONTRACTOR). WlTNESSETH, 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: PER THOUSAND GALLONS ($. /1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 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, in the judgment of the Town, 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: Thc 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, 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 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 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 quantities of waste 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 Extra Work and/or Changes: The TOWN may, at 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 follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 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 signing 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 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 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 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or fi.eight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the 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 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as fi:om claims 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 wrongful death to anyone 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) 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 against claims arising fi:om 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 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 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 fi:om, 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 maintain 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 f~om claims for damages for personal injury, including accidental death as well as from claims for property damage which may arise fi:om operations under this Contract, whether such operations be by himself 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: (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 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, 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 30 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'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 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 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 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 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 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 admitted 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 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 the 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 guilty of a misdemeanor and, upon conviction, shall be punished 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 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 by the 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 work on this project under this Contract in full (less deductions made mandatory by law) in cash and 1 not less ofien 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 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 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 fimaished 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 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 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 conclusive. 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 Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 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 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 consequence of his work for which the vi OWN might be liable. The Contractor 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 financially 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 limited to any special acts relating to the work; and 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, and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 from any, and agrees to correct any defects immediately. 34 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 of the 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 contractors 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 amotmt so withheld in such manner as the TOWN may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT Iff 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 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 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 If the 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) 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 until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 Contractor expressly undertakes at his own expense: To take every precaution aga'mst 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 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 fi.om the TOWN He shall notify the TOWN thereof immediately thereafter and any compensation claimed by the Contractor due to exlra 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 injury or damage, he shall act as instructed by the Engineer. The mount of reimbursement claimed by the Contractor on account of any such action shall be determined 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 shall indemnify and save harmless the TOWN fi.om and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enfomed as though it were included herein, and if through mistake or otherwise 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 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 ~HEREOF, the parties hereto have set their hands and seals the day and year first above written. 37 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 9, 2003 Earthcare Company of New York or~/q~TNichol' s Rd /Deer Park NY 11729 Dear Sirs: Congratulations. The Southold Town Board, at its regular meeting of April 8, 2003, accepted the bid of Earthcare Company of New York for Removal and Transfer of Scavenger Waste for the Town of Southold. A certified copy of the resolution is enclosed. Your bid checks will be returned to you upon signing of the contract. Thank you. Very truly yours, Southold Town Clerk Enclosure ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 232 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth Care Co. of New York~ for the removal~ transportation~ and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenport, in the amount of $0.06645 per gallon with a total price of $132~900.00, all in accordance with the bid specifications and the approval of the Town Attorney. Elizabeth A. Neville Southoid Town Clerk ELIZA.~ETH A. 1N]~VIT.T,I~, TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF LNFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southald, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Russell Reid Waste Hauling & Disposal Service Co., Inc. 200 Smith St P 0 Box 130 Keasbey NJ 08832 Dear Sirs: The Southold' Town Board, at its regular meeting of April 8, 2003, accepted .the bid Earth Care Company of New York for the removal, transportation, and disposal of scavenger waste from the Southold Town Scavenger Waste Plant. A certified copy of the resolution is enclosed. Also, returned herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosures ELIZABETH A. NEVH,LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O, Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 232 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth Care Co. of New York, for the removal, transportation, and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenport, in the amount of $0.06645 per gallon with a total price of $132,900.00. all in accordance with the bid specifications and the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk BOND # G-50-492 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we RUSSELL REID RESPONSIBLE WASTEWATER MANAGEMENT 200 SMITH STREET KE~SBEY, NJ 08832 (Here inser~ f~ll name ,and address or legal title of Conlractor) as Principal, hereinafter called the Principal, and GREENWICH INSURANCE COMPANY ONE EXCHANGE PLACE SUITE 501 JERSEY CITY, NJ 07302 a corporation duly organized Under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bbund unto TOWN OF SMITHOLD 53095 MAIN ROAD SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of rxvu'tlllND~ RED, AI~D 00/100- .......... O0~.Z.ARS ($5oo.oo) for the payment of which sum well and truly to be mac~, the said Principal and the said Suretyl bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for TRANSPORTATION AND/OR DISPOSAL OF WASTEWATER NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract DocUments with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and voiotherwise to remain in full force and effect. Signed and sealed this 3rd day of February 2003 - / (~I.'WEINER ~ ' 22 CONVENTRY []RIVE (Scsi) Executive GREEN~VICH INSURANCE COI~PANY (Title) Anna B. O~me , Attorney-in-Fact AIA DOCUMENT A310 BID BOND ,MA ® FEBRUARY 1970 ED THE AMEPdCAN INSTITUTE OF ARCH TECTS. 1735 N.Y. AVE., N.W. WASHINGTON. D,C. 20006 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the back of the meilpiece, or on the front if space permits. 1. Article Adclresaed to: "'p ~ c'3 13o A. Received by (Please Print C~edy) B. Date of Delive~7 C. Signature [] Agent I X [] Addressee D. Is delive~/ address different from item l ? r'lye~ If YES, enter delivery address below: [] No 3. ~ervi ype 4. Restricted Deliver? (Extra Fee) [] Ye.~ 2. Article Number (Copy from s~'vice ~el) PS Form 3811, July 1999 Domestic Return Receipt ,~ 05 7 {oo ~ ~ 102595-00-M-0952 $ /. '73- ELIZABETH A. NEV~ J.E TOWN CLEHK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Taiephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLEP, K TOWN OF SOUTHOLD April 10, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Wind River Envrionmental LLC 10 LoGrande Ct Bohemia NY 11716 Dear Sirs: The Southold Town Board, at its regular meeting of April 8, 2003, accepted the bid Earth Care Company of New York for the removal, transportation, and disposal of scavenger waste fi.om the Southold Town Scavenger Waste Plant. A certified copy of the resolution is enclosed. Also, retumed herewith is your bid bond. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk ljc Enclosures ELIZABETH A. NEVILLE TOWN CLER~ REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 232 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth Care Co. of New York, for the removal~ transportation~ and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenporh in the amount of $0.06645 per gallon with a total price of $132~900.00, all in accordance with the bid specifications and the approval of the Town Attomey. Elizabeth A. Neville Southold Town Clerk ACKNOWLEDGMENT OF PRINCIPAL (Indivi&~] ~r Parmers) STATE OF County of_ Onth~ dayof 20_0 before mo innonally appeared known to me to be tile individual descril~d herein and who executed the foregoing inslrum~t and acknowledged to mc that he ~xecuted the same. County Notary Public ACKNOWLF. r~GMENT OF PRINCIPAL (Corporate Office) Cmmty of ss : of who acknowledg~l to be ~e a corporation, and that a~ such officer being authorized so to do, ex. ec~cd the £~egoing instrument for~ My camm~ssJ~ ~pk'~s: Notary Public, Siam of New York County NO. 01L05068050 Qualified in Suffolk Commission Expires Oct. 28,o,,.,,--,.~ ~C~INOWLEDGMENT OF SURETY (Corporate Office) STATE OF County of Hennepin ss Signed and sworn before me, a Notary Public, ea this I 0 th day of Feb ruary ,200_~3 befccemep~mmailyappeated Amelia H. Stolberg , who aclmowledgcd to be the Attorney-M-Fact of Continental Casualty ~m~orporaffcm, and that s_he~ being authorized so to do, executed the foregoing instrument foe the purpose therein contained, by signing their name as such Attorney-In-Fact. My commission expires: County Nota~ Public Total Postage & Fee; · Complete~tems 1, 2, and 3. AJso compJete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from service label) PS Form 3811. July 1999 B, Date of Delivery C. Signature X [] Agent [] Addressee D. Is delivery address different Eom item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Serv' e Type ~J~Ce~ified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Domestic Return Receipt 102595-00-M-0952 ELIZABETH A. NEV~,I,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldt own.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 10, 2003 CERTIFIED MAIL RETURN RECEIPT REQUESTED Don Patanjo, President Don Patanjo Cesspool Service Corp. 19 Stiriz Rd Brookhaven NY 11719 Dear Mr. Patanjo: The Southold Town Board, at its regular meeting of April 8, 2003, accepted ' the bid Earth Care Company of New York for the removal, transportation, and disposal of scavenger waste from the Southold Town Scavenger Waste Plant. A certified copy of the resolution is enclosed. Also, returned herewith is your bid check. Thank you for submitting your bid. Very truly yours, Elizabeth A. Neville Southold Town Clerk Enclosures ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.-232 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 8, 2003: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Earth C~are Co. of New York~ for the removal~ transportation~ and disposal of scavenger waste from the Southold Scavenger Waste Plant at Greenporh in the amount of $0.0664~ per gallon with a total price ors 132~900.00, all in accordance with the bid specifications and the approval of the Town Attomey. Elizabeth A. Neville Southold Town Clerk '. Corn ~ 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: .5'£/to/; ~ 1 B. Date of Delivery C. Signature [] Agent X [] Addressee D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. S ice Type ~Certifled Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliveo]? (Extra F~e) [] Yes 2. Article Number (Copy from sergice label) PS Form 3811, July 1999 ~m~tic Return Re~ipt 102595-OO-M*0952 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver~ Fee (Endorsement Required) Total Postage & Fee~ Postmark Here ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 2003 SCAVENGER WASTE REMOVAL & TRANSFER BID OPENING 10:00 A.M., Thursday, February 13, 2003 Received Four (4) Bids: Earthcare Company of New York of New York 972 Nichol's Road Deer Park, N.Y. 11729 Wind River Environmental, LLC 10 LoGrande Court Bohemia, NY 11716 Don Patanjo Cesspool Service 19 Stiriz Road Brookhaven, NY 11719 Per Gallon $ 0.06645 $ 0.075 $68.60/sq. yard Total $132,900.00 $150,000.00 $137,200.00 Russell Reid Waste $ 0.0917 $183,400.00 INVITATION TO BIDDERS FOR THE FOLLOWING PROJECT: JAN ~. 7 20~3 SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL BID OPENING: 10:00 A.M.~THURSDAY~ FEBRUARY 13~ 2003 iNDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY Page Number INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT 2 3 4-7 8 9-15 16 17-21 22 - 24 25 - 38 2 LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE 11971, not later Thursday, Fe?.~v 1 q. 9OO~at which time they will be publicly opened and for the follo.wiXl~project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and ail bids and waive any and ail informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and seaied in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board INVITATION TO BIDDERS FOR THE FOLLOWING PROJECT: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL BID OPENING: 10:00 A.M.~THURSDAY~ FEBRUARY 13~ 2003 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Corporate Title) (if any) .~_~ ~] Printed Name x~0tO gtc[ ~9'I~'T/~{O,iO CompanyName.d~) /~Tt~A/~]o ~-¢~d,~p~I S~.~/~ Address }~/ ,~T'll41>..- ~. ~O~41~,~T~d /t/pt /i 7/7 Bid on YEAR 2003 SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, February 13, 2003 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the fight to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes pla'rely marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board INDEX TOWN OFSOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY Page Number INDEX PAGE NOTICE TO BIDDERS iNSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT 2 3 4-7 8 9-15 16 17-21 22 - 24 25 - 38 2 LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, February 13, 2003 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the fight to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board 3 INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEIPT AND OPENING OF BIDS The Town Board, of the Town of Southold, Southold, New York (herein called the "Town") invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately and completely including the attached non-collusive bidding certificate. Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF THE WORK Said work is more particularly described in the attached specifications. The specifications are attached to and are a part of the contract documents. 3. PREPARATION OF PROPOSAL Proposals shall be submitted on the prescribed form. All blank spaces for trait prices, lump sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and figures. 4. ERRORS IN BD In the event there is a discrepancy between the unit prices and/or lump sums written in words and written in figures, the unit prices and/or lump sum written in words will govern. In the event there is a discrepancy between the unit price and the total price for a particular item, the unit-price will govern. 5. APPROXIMATE QUANTITIES The quantities given in the proposal are approximate only, being given as a basis for the uniform comparison of bids, and the Town does not expressly or by implication agree that the actual amount of work will correspond therewith. The actual quantities of materials used will be measured on site of work by the Engineer or his representative. 4 INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 6. BDDERS TO CHECK APPROXIMATE QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Town, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed for the completion of the work, except as provided in the Contract. 8. INTENT OF CONTRACT DOCUMENTS The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the various unit price and lump sum bids on the items as listed in the proposal. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall not relieve any bidder fi.om any obligation in respect of his bid. Site inspection shall include surface and subsurface conditions. Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions. The Town will make available to the bidder any information obtained by investigations previous to opening bids, but makes no guarantee with respect to the accuracy of such information, and each bidder in bidding represents that he relies exclusively upon his own investigations and he makes his bid with a full knowledge of all conditions, and the kind, quality and quantity of work required. INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 10. QUALIFICATION OF BIDDERS. The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Town all such information and data requested for this purpose. 11. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U.S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an amount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will he returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance of his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 14. REJECTION OF BIDS The Town reserves the fight to reject any or all bids, or to accept any bid should it deem it to be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. 6 INSTRUCTIONS TO BIDDERS/WAGE RATES (COW ! 5. POWER OF ATTORNEY Attorneys in fact who sign contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds. 16. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTING HIS BID. 17. SPECIFICATIONS FEE The Twenty-five Dollars ($25.00) fee for each set of specifications is non-refundable. 18. LABOR RATES The Contractor shall pay not less than the minimum hourly wage rates on this Contract as established in accordance with Section 220 of the Labor Law and in accordance with all other applicable laws. 19. PERFORMANCE BOND 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 this work, and failure to provide such a bond will result in forfeiture of the bid bond. 7 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): DDm SS: SIGNED B~)~.~.~ TITLE: PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. PRICE PER GALLON DOLLARS DOLLARS lo PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: ~3 o ,g F: th t_ Iq FACILITY CONTACT PHONE NV BEP %Z'd/& TOTAL BID TOTAL ~d//3 V. ~O ~) r-,, DOLLARS / Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the fight to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHiN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN o£ SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. 12 ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (I~ ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: ~' //7/ ~ TITLE: DATE: FEDERAL D NO. OR SOCIAL SECURITY NO.: //- ~-~ TELEPHONE NO: BUSINESS: , EMERGENCY: 13 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS BIDDERNAME OF BUSINESS ADDRESS OF DATED AT: THE DAY OF // ,2003. ~4 PROPOSAL NON-COLLUSIVE BDD1NG CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the propose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: BUILDERS RISK INSURANCE, INDEMNITY~ LIMITATION OR LIABILITY 1. BUILDERS RISK INSURANCE The Contractor shall purchase and maintain during the course of construction until issuance of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co-insureds the CONTRACTOR and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped PREMIUM PAID. 2. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD -HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the work described in the contract documents, but not including liability that may be due to the sole negligence of the OWNER or its officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Owner to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the contract award amount, whichever is greater. GENERAL CONDITIONS 1.0 GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifications and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provision shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials, plant, labor and other requirements :of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price of the various items of the entire Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either cited on the index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be complementary to the other sections. It is intended that they include all items of labor and materials and everything required and necessary to complete the work, even though some items of work or materials may not be particularly mentioned in every section or may have been inadvertently omitted from the Drawings or Specifications or both. 3.0 APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Town for approval a list of all the subcontractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Town. 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations (a) Addenda (later dates to take precedence over earlier dates); (b) Drawings (schedules or notes to take precedence over other data shown on Drawings); (c) Detailed Specifications GENERAL CONDITIONS (CONT'D.) (d) General Specifications (e) General Conditions All work that may be called for in the Specifications, shall be furnished and executed by the Contractor. Should any work or material be required which is not denoted in the Specifications, either directly or indirectly, but which is necessary for he proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely delineated and described. 5.0 ADDITIONAL WORK Additional work, if required to be performed under this contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. 6.0 OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and subsequent revisions. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces. All specific requirements of the Act shall be adhered to. 7.0 SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal to the hospital for treatment of any employee either seriously injured or ill. 8.0 SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary conveniences for the use of employees on the work. Such conveniences shall be properly secluded fi.om observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, GENERAL CONDITIONS (CONT'D.~ ordinances and regulations governing these facilities. The contents of the same shall be removed with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious diseases as may be deemed necessary .In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons connected with the work. The building of shanties or other structures for housing the workers, tools, machinery or supplies will he permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. 9.0 RESPONSIBILITY OF CONTRACTOR The Contractor is responsible for complete conformance to the Plans and Specifications; proper construction procedures; coordination with subcontractors, other contractors and utilities; and safe working conditions for its employees. 10.0 LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. 11.0 CONTRACTOR'S REPRESENTATIVE The Contractor, in case of its absence from the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representative available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than 24 hours. 12.0 SCHEDULE OF VALUES N/A 19 GENERAL CONDITIONS (CONT'D~) 13.0 INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions immediately, and then file a written protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 15.0 NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. All excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by CLS General Business Law, Part 761. All conduits, water mains and gas mains encountered in the construction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay and at its own expense, repair the same to the satisfaction of the Town. If such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any moneys due or to become due the Contractor. 16.0 INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in anyone phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract or of any materials used upon said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 20 GENERAL CONDITIONS (CONT'D,) 17.0 DAMAGES All damages, direct or indirect, of whatever nature either resulting from the performance of or resulting to the work under this Contract during its progress from whatever cause shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment request, as prepared by the Town. 18.0 GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Town, except as otherwise specified. Upon written notification from the Town, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no cost to the Town. 19.0 STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Engineer for the Town. The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other employee designated by the Town Board to administer this contract, The word "Owner" shall refer to the Town of Southold. 21 SECTION 13219- SCAVENGER WASTE REMOVAL TRANSPORTATION AND DISPOSAL P~T1 GE~L 1.1 SECTION INCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Sonthold Scavenger Waste Treatment Facility. 1.2 REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the d ration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 SUBMITTALS Within one week of contract execution and prior to beginning any transfen'ing and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that the proper disposal facility has been identified, and that the facility is being operated in accordance with all applicable regulations. The information shall be submitted in writing and include name, location and address 22 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} of the disposal facility, EPA and/or State facility identification number, SPDES/NPDES permit, and supervisor's name and telephone number. Should the Contractor change the proposed disposal location, submittal of the above required information for the new location shall be made to the Owner prior to removal of scavenger waste. PART - 2 PRODUCTS NOT USED NOT USED PART - 3 EXECUTION 3.1 REMOVAL OF SCAVENGER WASTE The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility, Remove approximately 150,000 gallons per month during the months Of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest comer of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supematant, grit, scum, and other products ofbiodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 23 SECTION 13219- SCAVENGER WASTE REMOVAL~ TRANSPORTATION AND DISPOSAL (CONT'D} The transfer of scavenger waste from the equalization tank shall be performed in a clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold Scavenger Waste Treatment Facility. Dilution of the equalization contempts will not be allowed. 3.2 TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker tracks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 24 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 .~ 2003, 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 (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 stun of: ~, ,4 t9 PER THOUSAND GALLONS ($ [~, ~t:¢1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 25 WORK: The term WORK, as used herein, refers to all of the work involved in removing and properly disposing of scavenger waste fi.om 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 Town, 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, 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 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 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 quantities of waste 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 fi.om the estimated quantities set forth in the Proposal. 26 Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 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 signing 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 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 o£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 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 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the 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 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims 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 anaounts of such Insurance shall be as follows: Public Liability Insurance in the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to anyone 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) 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 against claims arising fi:om 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 fumish 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 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 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 maintain 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 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 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 ~nsudng 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, 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 to be paid for a legal day's work as hereinbefore defmed, 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 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 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 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 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 admitted 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 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 the 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 miuimum 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 guilty of a misdemeanor and, upon conviction, shall be punished 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 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 by the 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 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 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 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 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 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 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 conclusive. 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 ail hazards shall be guarded or eliminated in accordance with the safety the Manual of Accident Prevention in Construction, published by the Associated Generai Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 his own work and adjacent property from any damage and shail 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 consequence of his work for which the TOWN might be liable. The Contractor 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 financially 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 limited 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, and the site of the work, and that from his own investigation he has satisfied himself as to the natm-e and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 from any, and agrees to correct any defects immediately. 34 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 of the 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 contractors 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 claims or to secure such protection. Such application of such money shall he deemed payments for the account of the Contractor. 23. THE TOWN'S 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 after 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 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 If the 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. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 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 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 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 fi'om 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 injury 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 payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall 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 otherwise 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 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, me parties hereto have set their hands and seals the day and year first above written. 37 INVITATION TO BIDDERS FOR THE FOLLOWING PROJECT: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL BID OPENING: 10:00 A.M.~THURSDAY~ FEBRUARY 13~ 2003 1NDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT Page Number 2 3 4-7 8 9-15 16 17-21 22 - 24 25 - 38 LEGAL NOTICE NOTICE TO BDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, February 13, 2003 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured fi:om the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, fi:om which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board 3 INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEI?T AND OPENING OF BDS The Town Board, of the Town of Southold, Southold, New York (herein called the "Town") invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately and completely including the attached non-collusive bidding certificate. Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF THE WORK Said work is more particularly described in the attached specifications. The specifications are attached to and are a part of the contract documents. 3. PREPARATION OF PROPOSAL Proposals shall be submitted on the prescribed form. All blank spaces for unit prices, lump sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and figures. 4. ERRORS 1N BID In the event there is a discrepancy between the unit prices and/or lump sums written in words and written in figures, the unit prices and/or lump sum written in words will govern. In the event there is a discrepancy between the unit price and the total price for a particular item, the unit-price will govern. 5. APPROXIMATE QUANTITIES The quantities given in the proposal are approximate only, being given as a basis for the uniform comparison of bids, and the Town does not expressly or by implication agree that the actual amount of work will correspond therewith. The actual quantities of materials used will be measured on site of work by the Engineer or his representative. 4 INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 6. BIDDERS TO CHECK APPROXIMATE QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Town, and shall not, at any time after the submission ora bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the trait price of that item, nor in the time allowed for the completion of the work, except as provided in the Contract. 8. INTENT OF CONTRACT DOCUMENTS The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the various unit price and lump sum bids on the items as listed in the proposal. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall not relieve any bidder from any obligation in respect of his bid. Site inspection shall include surface and subsurface conditions. Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions. The Town will make available to the bidder any information obtained by investigations previous to opening bids, but makes no guarantee with respect to the accuracy of such information, and each bidder in bidding represents that he relies exclusively upon his own investigations and he makes his bid with a full knowledge of all conditions, and the kind, quality and quantity of work required. 5 INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 10. QUALIFICATION OF BIDDERS. The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Town all such information and data requested for this purpose. 11. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U.S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an mount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance of his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 14. REJECTION OF BIDS The Town reserves the right to reject any or all bids, or to accept any bid should it deem it to be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. INSTRUCTIONS TO BIDDERS/WAGE RATES (CON' 15. POWER OF ATTORNEY Attorneys in fact who sign contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds. 16. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTiNG HIS BID. 17. SPECIFICATIONS FEE The Twenty-five Dollars ($25.00) fee for each set of specifications is non-refundable. 18. LABOR RATES The Contractor shall pay not less than the minimum hourly wage rates on this Contract as established in accordance with Section 220 of the Labor Law and in accordance with all other applicable laws. 19. PERFORMANCE BOND 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 this work, and failure to provide such a bond will result in forfeiture of the bid bond. 7 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): Russell Reid Waste Hauling and Disposal Service Co., lno. FIRM NAME: 200 Smith Street ADDKESS:.-.' ~'~ SIGNED B~~'~ TITLE: David $. Dam Executive Vice President 8 PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: Da¥id J. ]ExecUtive Vice President PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 9.0 day period. lO PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACiLITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT FACILITY CONTACT PHONE N=, ER: b_r/- - 5//o 7 TOTAL BID TOTAL /i///~t~//, ,c~5~eSP.~-- DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days afro' notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. 12 ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: Russell Reid Waste Hauling and Disposal Service Co., ln~ 200 Smith Street P.O. Box 130 Keasbey, NJ 08832 SIGNED BY: TITLE: David J. Dam Executive Vice Presiden! DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: ..-~, TELEPHONE NO: BUSINESS: f/PO '.~ '-FT/fixff, EMERGENCY: PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS GARY M. w~qNER 22 CONVENTRY DRIVE WAYSIDE, NJ 07712 NAME OF BIDDER WENDY WEiNE~ 11 HUNTS ROAD CLINTON, NJ 08809 DAVID J. DAM 54 WESTGATE DRI~ ANNANDALE NJ 0~801 BUSINESS ADDRESS OF BIDDER MffCHELL WEINER 16 SLEEPY HOLLOW ROAD RED BANK, NJ 07701 Russell Reid Waste Hauling and Disposal Service Co., Inc. 200 ~m~.th P.O. Box 130 Keasbey, NJ 08832 14 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the propose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, FIRM NAME: FIRM ADDRESS: Russell Reid Waste Hauling and Disposal Service Co., Inc. 200 Smith Street P.O. Be× !30 Keasbey, NJ 08832 BY: ~-- ~-"g'~-'~ ' ~'~'~ TITLE: David 1. Dam Exc,;..:,9_,,,~ Vice president If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: BUILDERS RISK INSURANCE~ INDEMNITY~ LIMITATION OR LIABILITY 1. BUILDERS RISK INSURANCE The Contractor shall purchase and maintain during the course of construction until issuance of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co-insureds the CONTRACTOR and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped PREM1UM PAID. 2. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD -HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of their officers, agents and employees fi.om any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the work described in the contract documents, but not including liability that may be due to the sole negligence of the OWNER or its officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Owner to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the contract award amount, whichever is greater. GENERAL CONDITIONS 1.0 GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifications and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provision shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials, plant, labor and other requirements :of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price of the various items of the entire Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either cited on the index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be complementary to the other sections. It is intended that they include all items of labor and materials and everything required and necessary to complete the work, even though some items of work or materials may not be particularly mentioned in every section or may have been inadvertently omitted from the Drawings or Specifications or both. 3.0 APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Town for approval a list of all the subcontractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Town. 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations (a) Addenda (later dates to take precedence over earlier dates); (b) Drawings (schedules or notes to take precedence over other data shown on Drawings); (c) Detailed Specifications 17 GENERAL CONDITIONS (CONT'D.) (d) (e) General Specifications General Conditions All work that may be called for in the Specifications, shall be furnished and executed by the Contractor. Should any work or material be required which is not denoted in the Specifications, either directly or indirectly, but which is necessary for he proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely delineated and described. 5.0 ADDITIONAL WORK Additional work, if required to be performed under this contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. 6.0 OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and subsequent revisions. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces. All specific requirements of the Act shall be adhered to. 7.0 SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal to the hospital for treatment of any employee either seriously injured or ill. 8.0 SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary conveniences for the use of employees on the work. Such conveniences shall be properly secluded from observation, and their use shall be strictly enfomed. Such sanitary conveniences shall be constructed in compliance with all laws, GENERAL CONDITIONS (CONT'D.} ordinances and regulations goveming these facilities. The contents of the same shall be removed with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious diseases as may be deemed necessary .In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons connected with the work. The building of shanties or other structures for housing the workers, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. 9.0 RESPONSIBILITY OF CONTRACTOR The Contractor is responsible for complete conformance to the Plans and Specifications; proper construction procedures; coordination with subcontractors, other contractors and utilities; and safe working conditions for its employees. 10.0 LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws &the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. 11.0 CONTRACTOR'S REPRESENTATIVE The Contractor, in case of its absence from the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representative available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than 24 hours. 12.0 SCHEDULE OF VALUES N/A 19 GENERAL CONDITIONS (CONT'D,) 13.0 INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions immediately, and then file a written protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 15.0 NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. All excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by CLS General Business Law, Part 761. All conduits, water mains and gas mains encountered in the construction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay and at its own expense, repair the same to the satisfaction &the Town. If such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any moneys due or to become due the Contractor. 16.0 INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in anyone phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract or of any materials used upon said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 20 GENERAL CONDITIONS (CONT'D,) 17.0 DAMAGES All damages, direct or indirect, of whatever nature either resulting from the performance of or resulting to the work under this Contract during its progress from whatever cause shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment request, as prepared by the Town. 18.0 GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Town, except as otherwise specified. Upon written notification from the Town, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no cost to the Town. 19.0 STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Engineer for the Town. The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other employee designated by the Town Board to administer this contract, The word "Owner" shall refer to the Town of Southold. 2~ SECTION 13219- SCAVENGER WASTE REMOVAL TRANSPORTATION AND DISPOSAL P~T1 GE~L 1.1 SECTION INCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the d ration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 SUBMITTALS Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that the proper disposal facility has been identified, and that the facility is being operated in accordance with all applicable regulations. The information shall be submitted in writing and include name, location and address 22 SECTION 13219~ SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} of the disposal facility, EPA and/or State facility identification number, SPDES/NPDES pen-nit, and supervisor's name and telephone number. Should the Contractor change the proposed disposal location, submittal of the above required information for the new location shall be made to the Owner prior to removal of scavenger waste. PART - 2 PRODUCTS NOT USED NOT USED PART - 3 EXECUTION 3.1 REMOVAL OF SCAVENGER WASTE The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility, Remove approximately 150,000 gallons per month during the months Of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste fi.om the equalization tank located in the southwest comer of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supematant, grit, scum, and other products of biodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 23 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} The transfer of scavenger waste from the equalization tank shall be performed in a clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold Scavenger Waste Treatment Facility. Dilution of the equalization contents will not be allowed. 3.2 TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shali know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 24 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 ~ 2003, 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 (herein called the CONTRACTOR). WlTNESSETH, 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: PER THOUSAND GALLONS ($ /1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 25 WORK: The term WORK, as used herein, refers to all of the work involved in removing and properly disposing of scavenger waste f~om 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 Town, 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, 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 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 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 quantities of waste 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 t~om the estimated quantities set forth in the Proposal. Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 time for performance and completion of the work are for the purpose of enabling the TOWN to proceed with the construction ora 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 signing 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 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 F1VE 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 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the 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 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as fi:om 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, and the amounts of such Insurance shall be as follows: (1) Public Liability Insurance in the amotmt not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to anyone 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) 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 against claims arising 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 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 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 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 maintain 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 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 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 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 HLrNDRED 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 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, 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 30 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'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 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 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 due on account of a contract for a public improvement, it is the duty of the Comptroller of the financial officer of the Mtmicipal 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 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 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 admitted 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 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 the 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 guilty of a misdemeanor and, upon conviction, shall be punished for a first offense 31 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 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 stun 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 by the 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 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 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 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 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 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 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 conclusive. 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 eFuninated in accordance with the safety the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 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 the contract documents, or by the TOWN or its duly authorized representatives. The Contractor shall provide and maintain such watchers, banders, 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 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 financially 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 limited 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, and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 from any, and agrees to correct any defects immediately. 34 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 of the 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 contractors 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 claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT Iff 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 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 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 If the 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. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 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 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 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 injury 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 payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall 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 otherwise 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 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 THE AIV CAN INSTITUTE OF A 'HITECTS BOND # G-50-492 AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we RUSSELL REID RESPONSIBLE WASTEWATER MANAGEMENT 2o0 SMITH STREET KEASBEY. NJ 08832 as Principal, hereinafter called the Principal, and GREENWICH INSURANCE COMPANY ONE E, XCHANGE PLACE SUITE 501 JERSEY CITY. N,1 07302 a corporation duly organized under the laws of the State of California as Surety, hereinal~er called the Surety, are held and firmly bound unto TOWN OF SMITHOLD 53095 MAIN ROAD SOUTHOLD, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of . ~ 'RllltnRgo. AlfO oo/loo - DOLLA1L.q ($500.00) for the payment of which sum welt and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the Principal has submitted a bid for TRANSPORTATION AND/OR DISPOSAL OF WASTEWATER NOW, THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Con~'act with the Obligne in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and voiotherwise to remain in full force and effect. Signed and sealed this 3rd day of February 2003 ~ (~A~/WEINER / 22 CONV£NTRY I. iRIVE W~A~SfEWA~ga (P i~¢ipal~ /.," (Seal} Executive Vice ~ ~ GREE~ICH INSU~NCE COMPANY ~~) ~ ~ (Saal) Anna B. Dime , Attorney-in-Fact AIA DOCUMENT A310 BID BOND AIA ® FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N,Y. AVE., N.W. WASHINGTON, D,C. 20006 1 CONSENT OF SURETY The Greenwich Insurance Company, a corporation organized and existing under the laws of the State of California, hereby guarantees the proposal of Russell Reid Responsible Wastewater Management to Town of Smithold for Transportation and/or Disposal of Wastewater and further guarantees that if the contract is awarded to the said Russell Reid Responsible Wastewater Management that the said Russell Reid Responsible Wastewater Management will execute said contract within the period of time required after its delivery for that purpose; and further guarantees that if the contract is so awarded to the said Russell Reid Responsible Wastewater Management that it will become surety on bond guaranteeing the faithful performance of said contract. In Witness Whereof, the said Greenwich Insurance Company has caused this agreement to be signed by proper officers and its corporate seal to be hereunto affixed, this 3rd day of February 2003. GREENWICH INSURANCE COMPANY Anna B. Dime, Attorney-in-Fac~ Bond No. G-50-492 a CAlifornia horl]otAtiso ~ at 70 Seaview Avenu~ ppoint liMatUna, An~ Karen L. Martin : s ueang awftt Aff~ ney(~,n~Fnc,a~ .. .;. .... ..... and~chdthem~bawfudpoweTtoactwithouttheot~o ': e~ensions, agreements ~lv~rs, ~¢~ts or sBp~latio~s re~aNng to such ~n~ or bndedak~'g~ dr~vided, ~weve~,,~at nd ~h~le bond or undeff~klng s'e ~de, executed and ddivered shall o~i~e "'~,; oKton of the penal s~m thereof p ex~s G he sum of , purposes, when duty executed by said aEorney(s)qmfact, she I be bindin{ if s of the following fesol~O~ aeom~d;~ t{~ B~add of Directors of the Corooration by ~ant~,Wr~ O~sent ~ .%RE~; ' ~'."; 'r J'P.'"-'.'"" , ~ ~" "J "' .' 't~' '"'~f *:)' ' ~'} ~. '¥ :~ i '¢]f B~0rs 0f he Co~, ¢--~t'a ~ d~ ~a ed a~ he d on March 11 ~,,: '.' ,,~ ~','n ~.;e,"'~ ........ .,~ :: ~ :~, ~*"' 5 ::,'.,',; '~,'h¢, :-..J';'.¥. ' su( : .... . .' . ·.. · ~ :'=' .' , · . · ',' · upon the Corporationln the future with respe~ to an~ bond or un~e~aking to Stamford 8mq~ctIcut. GREENWICH INSURANCE COMPANY ~',*. / to n~ kri~wn.wbo bein'O hy mt~ ~iDly ~oi'r,, did depose and ~ay thatr(s)he resid~;i~ ~ ~walk. ~ - r ~ .that ts)he Is a ~ice Pm~id~t ........ of GREENWICH INSURANCE COMPAN~ .-j ~ ....~., ...:; ~. ,i,~ ;. ~: :i '; .~ ' p ~'p~ ~o~qt ~ ~t~ a xed ~sad~fumentiss~hco~te~a · ..:r :. ',&l' , ...... : :'. '~ , '. '.' .'.." , ~e thgret9 ~ kke o~der. STA?I~ 0P ~ONNECTICUT ~OUN~Y O'F FAIRFIELD Karen M, aane.n.t.e, CERTIFICATE Assistant SecFetary ... ot'GREEN~IGH'IN~URANCE 60MPC~Y. r and on behali of the Coroorauon. IN WYfNE~S 'C/HEREOF. I fiiv~ hdCCunto s~l my hand and affix~ tl~ corpor~te,~a~ ~s tCoroorat~ Seall - Lynn M.' Psfillf : bonds, un~e tek ngs ~r Kamen M. Manente State of County of__ On this day of__, before me personally came to me known, and know to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that (s)he executed thc same. Notary Public State of County of On this day of ~ before me personally came to me known, and know to me to be a member of the firm of described in and who executed the foregoing instrument, and that (s)he thereupon acknowledged to me that (s)h¢ executed the same ~ and for the act and deed of said firm. My commission expires Notary Public Sram of County of On this day of · befor~ me personally came to me known, and being by me duly sworn, did depose and say that (s)h¢ is thc of descril~d in and which executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that is w~ so affixed by order of the Board of Directors of said corporation, and that (s)h¢ signed his/her name thereto by like order, My commission expires Notary Public State of_New York Coun~ of Richmond On this 3rd day 0f February , 2003 , before me personally came Anna B. D/me to me known, who, being by me duly sworn, did depose and say that (s)he is an Attorney-in-Fact of C..roon.a{ eh ln~qn'ranee Company the corporation described in and which executed the within instrument; that (s)he knows the corporate seal of said corporation; that the s~al affixed to within instrument is such corporat~ seal, and that (s)he signed the said instrument and affixed the said seal a~ Atto(ney-in-Fact by und e Standing Resolutions thereof. authorityMy commission of thc Board expires of DirectorsNotary°f said/-[O$~MC. FIY INn, Public, O'IIM U60'1~772 corporation State lVof UflO tNow and bYyor, authority i of this officelQ n~e Standi ta~p b te~~ Qua iliad in RlchmonrJ O~un!.y a(, GREENWICH tNSUPJt. NCE CO{~{PANY STATUTORY STATEMENT OF ADMITTED ASSETS ~.iABILtTtES. CAPITAL AND SUD. PLUS December 31 2001 Liabil~[ies: Funds held by or oeposi'~ed 92.441 722 21,277.166 113,S03,99~.. 71.'51,533 12,063,442 67.208.201 1,387.152 53,862.108 Claims payable Funds b~.~ld oy comD;tny Other liabilities Total Lia bili'6es Capital and Surplus: Common cao[tal s~oc~. Gross paid in and con~rlbu[ad ~urplus Unassigned surplus 53 907,659 58.949 341 8.570,112 82.315.727 82.559.254 23.105,924 289.408.027 3,558,100 55,915.853 (29.607.548) 29.866,40S · . 319 274,432 IN WI'FNESS WHEREOF. nave hereunto se~ my hand and affixeQ ~~ ~den~ ~A~sis,ant Controller Christine Todd Whitman Department of Environmental Protection Bureau of Background Disclosure Review CN-414 Trenton, NJ 08625-0414 Phone: (609) 530-8210 Fax: (609) 530-8899 Robert C. Shinn, Jr. Commissioner Mr. Mitchell Weiner Russell Reid Waste Hauling & Disposal Co., Inc. 200 Smith Street Keasby, NJ 08832 RE: Solid Waste Transporter License N.J,S,A. 13:1E-126 et seq, Dear Mr. Weiner: This is to advise you that the investigative report from the Attorney General required under N.J.S,A. 13:1E-126 et seq, has been received by the Department of Environmental Protection. Based on our review of the investigative report, the disclosure statement, your other application papers and the Department's enforcement history, the Department is issuing a solid waste transporter license to: RUSSELL REID WASTE HAULING & DISPOSAL CO., INC. This letter will serve as documentation that a solid waste transporter license has been issued. This license must be renewed annually by filing the annual license update form and any other information concerning your company or its operation as required by the Department. Questions regarding this solid waste transporters license or your Certificate of Public Convenience and Necessity should be directed to the Bureau of Background Disclosure Review at (609) 530-8210. Questions regarding vehicle registration should be directed to the Bureau of Registration at (609 530-4004. Sincerely, AK/rh Alan Kaczor~ Bureau of Background Disclosure Review New JorSoy is an Equal Opportunity Employer Recvcled Paper Russell Reid Waste Hauling and Disposal Service Co., Inc. D/B/A Mr. John Portable Sanitation Units, Inc. 200 Smith Street P.O. Box 130 Keasbey, NJ 08832 Certification 6723 CERTIFICATE OF EMPLOYEE INFORMATION REPORT This is to certify that the contractor listed below has submitted an Employee Information Report pursuant to N.J A,C 17 27-1.1 et seq and the State Treasurer has approved said report, This approval will remain in effect for the pedod of 15 ~'J-'~'2002 to15-J'M~-2005 ROSSELL REID WASTE HAULING & DISPOSAL 200 SMITH ST., P.O. BOX 130 KEASBEY NJ 08832 Acting State Treasurer Russell Reid Waste Hauling and Disposal Service Co., Inc. D/B/A Mr. John Portable Sanitation Units, Inc. 200 Smith Street P.O. Box 130 Keasbey, NJ 08832 tees~x~ STATE OF ~ J]ERS]EY DIVISION OF SOLID ~ARDOUS WAS~ B~U of Ha~do~ W~te Re~tion PO BOX 414 Trenton, N] 08625-0414 (609)-292-7081 06130/02 Expiration ~me: 0012677 Decal No. : Vehicle ID#: 2NPNLDgX72MS80835 AF738Z License # RUSSELL REID WASTE HAULING Certified 200 SMITH STREET KEASBEY NJ 08832 DEP No. 07911 S Type: RUSSELL REID WASTE HAULING 200 SMITH STREET KEASBEY Nd 08832 Document #: Transporter Vehicle Reg~tration Card SEE BACK FOR INSTRUCTION$ONMOUNTING YOUR DECAL~ SOLID WASTE STATt[ OF NEW XERSI~Y DIVISION OF SOLID AND HAZARDOUS WASTE Bureau of ltBzardous Waste Regulation PO BOX 414 Trcntoa, NJ 08625-0414 (609)-292-'/081 Expiration Date: 0012676 Decal No. Vehicle ID# License # Certified 2NPNHD7X82M580184 AF739Z RUSSELL REID WASTE HAULING 200 SMITH STREET KEASBEY NJ 08832 07911 S DEP NO. : ~ Type: RUSSELL REID WASTE HAULING 200 SMITH STREET KEASBEY.NJ 08832 Document STATE OF NEW ~ERSEY DIVISION OF SOLID AND HAZARDOUS WASTE Bureau of Hazardous Wasto Regulation PO BOX 414 Trenton, NJ 08625-0414 (609)-292-'/081 RUSSELL REID WASTE HAULING 200 SMITH STREET KEASBEY Nd 08832 Transporter Vehicle Registration Card SEE ~CK FOB iMsrsucrtote, s o~ MOUNTtMG YOUR DECALS. SOLID WASTE 06~30~02 Expiration Datedo 1267S Decal No. Vehicle ID# License # Certified 2NPNHDTX62M590193 AD723K RUSSELL REID WASTE HAULING 200 SMITH STREET KEASBEY NJ 08832 07911 S DEP No. : Type: Transporter Vehicle Registration Card SEE BACK FOR INSTRUCTIONS ON MOUNTING YOUR DECALS. SOLID WASTE ev. 1/00 RENEWAL · STATE OF NEW JERSEY i Division of Con--tract Compliance & Equal EmploymT'~ff Opp~rtun~y EMPLOYEE INFORMATION REPORT /,~ -z-.~(L/Q - O~..- IMPORTANT - READ INSTRUCTIONS ON BACK OF FORM CAREFULLY BEFORE COMPLETING FOR YPE OR PRINT IN SHARP BALLPOINT PEN. FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM MAY DELAY ISSUANCE OF YOUR CERq'IF[CATE DO NOT SUBMIT EEO- 1 REPORT FOR SECTION B, ITEM 1 I. SECTION A -- COMPANY IDENTIFICATION FID. NO OR SOCIAl. SECURITY 2. TYPE OF BUSIN, fi~SS 3 TOTAL NO. EMPLOYEES l'q [3 4. RETAIL 'q 5 OTHER 4 COMPANY NAME 5 STREET CITY 6. NAMfi OF PARENT OR AffFILIATED COMPANY (IF NONE. SO INDICATE) 7. CHECK ONE: IS THIS COMPANY: [-~] SINGLE-ESTABLISHMENT EMPLOYER COUNTY STATE ZIP CODE 8. IF MULTI-ESTABLISHMENT EMPLOYER, STATE THE NUMBER OF ESTABLISHMNTS tN NJ 9. TOTAL NUMBER OF EMPLOYEES AT ESTABLISHMENT WHICH HAS BEEN AWARDED THE CONTRACT CITY STATE ZIPCODE [~ MUL~I ~TABL[S~MENT EMPLOYE~ 10, PUBLICAGENCYAWARDINGCONTRACT [ NOTAPPLICABLE I CITY COUNTY STATE ZIPCOOE OFFICIAL USE ONLY DATE RECEIVED INAUG. DATE ASSIGNED CERTIFICATION NUMBER SECTION B ~ EMPLOYMENT DATA I I. Report all permanent, temporary and pamtime employees ON YOUR OWN PAYROLL. Eater ~he appropriate figures on all lines and in aH coIumns. Where lhere are no employees in a particular category, enter a zero. Include ALL employees, not just those in miaority/nomminority categories, in columns I, 2, & 3. DO NO7 SUBMITAN EEO-I REPORt JOB CATEGORIES Office Managers Professionals Technicians Sales Workers Off~ce & Clerical Craflworkers (Skilled) Operatives (Semi-Skiged) Laborers (Unskilled) Service Workers TOTAL ~lbtal employment from previous Report {If an}') Temporary & Part- Time Employees I ~ ttOW WAS [NFORM~ ATION AS TO RACE OR ETHNIC GROUP IN SECTION B OBTAINED? II Visual Survey : ~ 2. Employment Record [ ] 3. OIher (Specify NON MIN. ,, D^TES~;~YROL~;;TSED ,2 ~ ~he data below shall NOT be included in the figures for the appropriate catego~es above. ~.~1 ~ ]So vTeklel isa fTo}JmE a ,l~i oRriS T I ' 5 ' [~FENp~ ~-~ sSEBLM/~FF E D ? Re,~ NOT APPLICABi~ SECTION C -- SIGNATURE AND IDENTIFICATION 16 NAME OF PERSON COMPLETING FORM (Print or Type) t SIQNAI~UR.E~ TITLE DATE ,~. ~/ O 17. ADDRESS NO. & STREET CiTY COUNTY STA~E ZIP CODE PHONE (Area Code, No, Extension} Mitchell Weiner, Presiden= Russell Reid . - 200 ~m~th Street P. O. Box 130 Keasbey, NJ 08832-0130 February 8, 1993 Re: Wage Determination for Sewage Sludge Transpor~ and Disposal Dear Mr. Welter: I am in receipt of your letter dated February 4, 1993 regarding service contracts for sludge removal and disposal concerning its coverage under the New Jersey Prevailing Wage Act. Please be advised that a public works contract calling for only the removal of liquid sludge and transporting of same for disposal from sewerage plants does not fall under the jurisdiction of the New Jersey Prevailing Wage Act. if you require any additional assistance, please feel free to contact me directly. RJV:nd Very truly yours, / Robert J. Venezia, Chief Public Contracts Section Office of Wage & Hour Compliance (609) 292-2259 ~ VENDOR I.D. NO. 4556 CASINO CONTROL COMMISSION Russell Reid Waste Hauling and Disposal Service Co., Inc. tJa Russell Reid Responsible Wastewater Management 200 Smith Street Keasbey, NJ 08832 on this Fifth (5th) day of September 2000, having established the qualifications set forth in the Casino Control Act, N.J.S.A. 5:12-1 et seq. and the regulations of this Commission, N.J.A.C. 19:40-1 et seq., is hereby issued a CASINO SERVICE INDUSTRY LICENSE and is hereby authorized by the Casino Control Commission to offer goods or services not directly related to casino or gaming activity to a casino casino applicant and their employees or agents. IER D. STORCELLA JAMES R. HURLEY Director, Division of Licensing Chairman This license expires on September 30, 2003 N~ 7488 DEPARTMI!x~r OF ENVIRONMENTAL PROTECTION ~ECDTIVE OFFICES 59-17 ~ON BL~.. 1~ ~ CORONA. ~ YO~ 11368-~107 lO~ ~ ~.~ ~ P~ CO~SIO~ (718) 595~5 F~: (718) 595-35~ ~ ;~ele~my~.~t December 19, 1997 and l)~pos~ Service Co- Inc.- - ' 2O0 S~th Street Keas y, 08 2 Certified Mail, Return Receipt Requested Re: New York City Scavenger Waste Pe, Mt(s) Petit Number(s) 98-43. 98-44, 98-45 9~-46. 98-47. ~f~.. 9~ q_~-~q G~ntlemen: Enclosed please find the above referenced Scavenger Waste Permit(s). Each permit is issued for a ,specific vehicle and must be camed on that vehicle at all times. The peavit must be produced upon the request of any pemonnel of this Depmm~nt or any law enforcement officer. You should _re~cl the permit carefully. It contains important limitafiom on the type of wastes that can be transported and discharged. The disclmrge of wastes collected fi'om outside New York City is strictly prohibited. Additionally, the p~mdt limits the time of day when discharg/~'ng is au~to~ Also included in the pemllt are hl~portant reporting requfi~ments. Please note: the reporting format has been revised. It should be noted that New York City Scavenger Waste Pcm~its do not satisfy the registration, licensing or p~mltting requirements of any other city, state or federal agency. Your Scavenger Waste Peru,it(s) is valid until midnight, December 31, 1998. You are responsible to apply for a renewal of this permit prior to December [, [998. If you have any questions concerning your Scavenger Waste Peanit, please telephone Ms. Kin Fong Tong at (718) 595-4725. THE CITY OF NEW YORK TRADE WASTE COMMISSION 253 BROADWAY, 10TH FLOOR NEW YORK, NEW YORK 10007 TEMPORARY PERMISSION TO OPERATE WITHOUT A REGISTRATION Permission is hereby granted by ,the New York City Trade Waste Commission (the "Commission"), pursuant to Section 14(c) of Local Law 42 of 1996, for the temporary operation of Russell Reid Waste Hauling and Disposal Service Co., Inc. ("the Applicant"), pending completion of a full review of its application (# [338), submitted on August 2, 1999, tbr a Class 2 registration ~ a business solely engaged in the removal of waste materials resulting from building demolition, construction, alteration, or excavation in the City of New York, subject to the Conditions and Provisions Regarding Termination set forth hereto. The Applicant, by its signature below, signifies its acknowledgment and acceptance of the Conditions and Provisions Regarding Termination set forth herein. Refusal to accept the terms and provisions of this temporary permission to operate without a license or registration shall in no way affect the Commission's review of the Applicant's application or determination regarding the issuance ora trade waste registration. 1. Conditions. Cooperation with the Commission and Compliance with Applicable Law: This permission to operate on a temporary basis is conditioned on full cooperation by the Applicant in any investigation conducted by the Commission in connection with the Applicant's pending application for registration, and compliance by the Applicant with the provisions of Local Law 42 of 1996 and all rules promulgated thereunder and all other applicable federal, state, and local laws, rules, and regnlations; 2. Provisions Regarding Termination. 'l-his temporary permission to operate without a registration shaii terminate upon the earlier of: (a) a determination by the Commission regarding the registration application of the Applicant; (b) a determination by the Commission, after notice and an opportunity to be heard, that the Applicant has failed to comply with the provisions of Paragraph I herein; (c) a determination by the Commission during the course of its review and investigation of the application submitted by the Applicant that there is reasonable cause to believe that the Applicant or any of its principals may lack good character, honesty, and integrity; (d) a determination that it would be in the best interests of the City to terminate this temporary permission pending completion of the back~ound investigation; or (e) November 1, 1999. Acknowledgment and Agreement To Terms and Conditions: Russell Re~, ~s~e H~a,uling,~d Disposal TITLE DATE Service Co., [nc. The Trade Waste Commission Edward T. Ferguson [El, Chair August [7. 1999 i~/ASTE TRANSPORTER PERMITO AUTHORIZED VEHICLE LIST RUSSELL REID WASTE DISPOSAL SERVICE CO 200 SMITH ST P O BOX 130 KEASBEY, NJ 08832-1159 TELEPHONE NUMBER: 732.225.2238 COUNTY: OUT OF STATE PERMITTEE IS AUTHORIZED TO OPERATE THE FOLLOWING VEHICLES TO TRANSPORT WASTE: FiVE (5) PERMITTED VEHICLE(S) .-. IN_D_USTRIAL: NJ AB898D/~ NJ AB940D~/ - NJ AB967D 3ofZ NJ AC296W 3-&7 NJ AD639N Z¢-~ *'* END OF PERMIt-FED VEHICLE(S) LISTING - INDUSTRIAL *** THIRTY-SEVEN (37) PERMITFED VEHICLE(S) - SEPTAGE: NJ 678TVK /7o NJ 957~-~F /$o NJ AB901D /¢~ NJ AB902D ~? ~ NJ AB906D;¢ NJ AB909D ~o NJ AB941D ~'~ NJ AB944D ~3~ NJ AB946D~36 NJ AB947D---' NJ AB954D -~ NJ AB963D ~,~,~o NJ AB964D ~?o NJ AB965D ~?/ NJ AB966D~: NJ AB968D 2~s" NJ AC595V /74, NJ AC864R ~/? NJ AC883E J5/ NJ AD143PZ;- NJ AD725K J~ ~ NJ AD877S ~5~ NJ AE213C ~77 NJ AE327B_~,~ NJ AE329B-''~ NJ AE330B ~J- NJ AE696J ~?~ NJ T44D5A .~;'o NJ T708XC ~J'J NJ T716ER~: NJ T7E942 ~7 NJ T7L445 ~' c~ NJ T7T499 ~(. NJ T9G769~Z~/. NJ T9G903_- ~ NJ X20L40 ~ NJ X63L45 fl£? ........................ END OF PERMITTED VEHICLE(S) LISTING - SEPTAGE WASTE TRANSPORTER PERMIT NUMBER: NJ-146 PAGE 3 OF 3 4.7-20-3 {2~95] --26a NYSDEC PERAalT NU/~gER JA-l&6 THIS IS TO CERTIFY THAT: NEW YORKa~,~TE DEPARTAAENT OF ENVIRONMENTAL CONSERVATION DIVISION OF RE(~JORY AFFAIRS · BUREAU OF RECULATOR]~III~MqACEMEHT '~J~OLF ROAD. ALBANY. NEW YORK 12233-1760 ~ WASTE TRANSPOFIT£R PFRMIT Pursuant to 6 NYCRR Part 364 and Part 381 No. of Addi~io.al Sheet~ Attached NJO98053343& I SEE iL[ST OF VEHZCr'ES WASTE'DISPOSAL, SERVICE CO sT Po aox'. 1 cz~ I cou.r~ I s'r^Tt I z.' CODe KEASBEY. OUT,OF STATE NJ" 08832 Having compli~ with ~e provisions of the Environmental Conse~ation Law Titles 3 and 15, o~ Article 27, is hereby au~oriz~ to engage in waste ~ansponing within the State of N~ Yo~ in ~e manner descri~ herein. TYPE OF WASTE ,~lo LDCAI'ION OF TREATMENT. STOR.~CE'OR DISPOSAL FACILITY: TSDF # 1 INL~ORMATION WASTE WASTE DESCRIPTION 00014 N903 PARSIPPANY-TROY HILLS WWT N909 IO01.PARSIPPANY 8LVD PARSIPPANY 'NJ:O?OS& CESSPOOL SLUDGE SEPTAGE TSDF # t INFORMATION WASTE WASTE DESCRIPTION 00002615~ 'gOWERY BAY.WPCP 45-01 BERRIAN 3LVD ASTORIA NY 11102 N908 ~PORTABLE TOILET WASTE N909 SEPTAGE ,TSDF # 3 INFORMATION WASTE WASTE DESCRIPTION 00002617& N908 PORTABLE TOILET WASTE ,OAKWOOD BEACH WWTP N909 SEPTAGE EMMET AVE & MILL RD STATEN :SLAND NY 10306 ************************ CONTINUED ON NEXT PAGE *************************** PAGE 1 OF 4 PAGES AUGUST 31 '96 A ~16 . AUGUST 95 NOTE: This Permit do~ not relieve the transporter O~ the res~mibili~ of complyln~ with ~n? o~er appli~ble federal, state or Io~1 resulation~ Please refer to warnin~ ~tice on ba~ of ~is P~it. ..pa_f[~e..n.t._of Environmental Protection ![~-- t'~.~l~l~l'~ Rachel Carson State Office Building - .: ~'~ ~ - P.O. Box 8472 Harrisburg, PA 17105-8472 July' 16, 1997 Bureau of Land Recycling and Waste Management (717) 787-7381 David J. Dam Russell Reid Waste Hauling and Disposal Service Co., Inc. 200 Smith St. Keasbey, NJ 08832 Dear Mt. Dam: Thank you for your submission of the septage hauler registration form provided by the Department of Environmental Protection. The Department has assigned a transporter number of 99008 to your business. PA Title 25, Chapter 285.225 (c) requires that you display this number on the sides and rear of each vehicle that you use to haul septage. These regulations also require that the numbers be at least three inches high in a color contrasting to the background. If you do not comply with the regulations, you may be subject to enforcement action. Thank you for your cooperation in this matter. Any questions should be directed to C.D Vu in the Division of Wastewater Management at (717) 787-8184. Sincerely, William F. Pounds, Chief Division of Municipal and Residual Waste CC: Regional Office Jd ~RI 01:45 GROU~RTER iqGMT FR× NO. 302~17764 DIVISION OF WATER RE$OURCE~ P. 02 Russell Reid Waste ~auling and Disposal Service Co., Inc. P.O- B0x 130 200 Smith Street Keasbey, New Jersey 08832 permit Number: WH - 239 Issue Date: July 16, 1999 Pursuant to the provisions of 7 Del. C., Chapter 60 and the Guidance and Regulations Governing the Land Treatment o~ Wastes, permission is hereby grahted to Russell Reid Waste Hauling and Disposal Service Co., inc., P.O. Box 130, Keasbey, New Jersey 08832 to operate and maintain the vehicle{s) ils=ed in the permit application and any supplemental submissions =o =he Department, operated by Gary M. Weiser for the purpose of removing, ~ranspor=ing and disposing of sludges and the solid and liquid contents of sep=ic tanks, cesspools, seepage pits, grease traps, portable toilets and holding tanks, in Pennsylvania, New Jersey and New Castle County, Delaware. A copy of ~his l~e~-mit must accompany e~ch pezmitteci vehicle, and be presente~ upon r~q~e~, ~o any law ~n~o=cement officer or representative of the Depa~'-.ent of Natural Resources ~nd Environments] Cont_~ol. ' This permit is issued subject to the following conditions: 1. Disposal site(s) for all wastes listed above shall be the following: a. Gloucester P.O.T.W., Thoro£are, New Jersey. b. Atlantic County Utilities Authority, Atlantic City, New Jersey. Delcora P.O.T.W., Chester, Pennsylvania. All waste material collected by the above firm shall be transported and disposed of in accordance with ~he provisions and regulations of the Department and upon authorization by the municipali~y(ies). If authorization by the municipality(les) is revoked, ~his permit will be considered null and void, unless the Department approves the alternate disposal site(s) as an amendment to this permit. The permit n~%ber, the owner's name ~nd address show?, above a~d ~he words, "For Sanitary Sewage Only", mus~ oe disp!~ye~ ~n ¢ontrast~hg colors On both sides of the tank compartment of the vehicle(s) in Russell Reid, RESFON~B~ WAST~'WA~RMANAGEMENT Municipal Hauling Contract Referral List Bear Mountain Park Administration Building Bear Mountain, NY 10911 Brian J. Bumett $44,500.00 4/l/99 [1] 914-786-2701 9/3.0/99. CAPE MAY COUNTY M.U.A. US ROUTE 9 P.O. BOX 610 CAPE MAY, NJ 08210 [ 1 ] 609-465-9026 $40,000.00 5/l/98 4/30/99 FRENCHTOWN BOROUGH OF MUNICIPAL BUILDING SECOND STREET FRENCHTOWN, NJ 08825 JOHN BUTLER [l] 908-996-4524 $21,082.50 1/1/99 12/31/99 HANOVER SEWERAGE AUTH. HANOVER MUNICIPAL BUILD 1000 RT. 10 W-HIPPANY, NJ 07981 Michael Wynne [ 1 ] 201-428-2477 $51,450.00 12/1/98 11/30/00 SECAUCUS MUN. UTILITIES AUTH. 1100 KOELLE BLVD. SECAUSUS, NJ 07094 Brian Bigler [l] 201-330-2089 $54,600.00 4/I/99 3/31/00 MAIN OFFICE: 200 Smith Stmcl 3~ W. Commodor~ Bird 2157 Rt 31 285 S. Shore Road I Gilchns Lan¢ CREDIT REFERENCES Shell Fueling Services 77 Second Street P.O. Box 974 Somerville, NJ 08876 Attn: Jerry Donaty F & S Tire 2510 Woodbridge Avenue Edison, NJ 08837 Wright Express P.O. Box 390024 Boston, MA 02241-0924 Del Vel Chem Company 424 A Kelley Drive West Berlin, NJ 08091 Attn: Cam BANK REFERENCE 908-725-7737 Fax 908-725-7746 732-985-8935 Fax 732-572-9379 800-492-0669 Fax 800-699-9903 Fax 609-768-0502 Commerce Bank 1001 Durham Avenue South Plainfield, NJ 07080 Contact: Jeffrey Statmore Account No.: 00-210-95187 908-791-4278 Dun & Bradstreet: 05-220-1704 ACORD_,. CERTIFICATE OF LIABILITY INSURANCE · [ FAX [ Naste & Septage Haulers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR J c/o Charter Partners ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ' -~ 3 Rupe'l'l Road ~mpton, N3 08827 INSURERS AFFORDING COVERAGE I~NSURED Russell Re~d Naste Hauling & D~sposal Services ~NSURERA: American Alternative Ins Corp 200 Smith Street ~.~URERE; Keasbey, N3 08832 ~NSURERC: COVERAGES THE POLICtES OF INSURANCE LISTED BELOW HAVE SEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT~NITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE IBSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DF~CRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DENTSU. UAmU'rY £7AZCPO000011-03 10/01/2001 10/01/2002 EACH OCCURRENCE $ 1 ~ 000 ~ 00( ~- COMMERCIAL GENERA/_ LIABILrFY~ FIREDAMAGE(Anyoneflre} $ ~OOpO0( I c~s u~ ~Xl occur ~ ~xP(~ o~ p~ $ S,00{ A __ RE~SON~L & ~DV ~mUR¥ $ 1 ~ 000,00¢ GENERAL AGGREGATE S 2,000 ~ 00( ~-N'L AGGREGATE u~4n' APPLIES PER: PRODUCTS - COMP/DP AGG $ 2,000~00( ^m'OMOmLE u~,~LrrY CTA2CPO00OOll-03 10/01/2001 10/01/2002 COMBINED SINGLE LIMIT 1,000,00( A -- ~UAmurY :TA2CPO000011-03 10/01/2001 10/01/2002 ~CHOCCURRENC~ S 10,000~000 ~ occur [] CL~S ~ AOO~ca*rE s 10,000,000 A RETENTION S 10,00( S CO PEN A O. ^.0 I I' · e Certificate Holder ~s Loss Payee & Additional Insured as respects a 2001 InternatSonal 4900, ~IN# 1HTSDAANXIH314144, Value $42,000/ACV, Physical damage deductibles are $500 Comprehensive md $500 Co11~s~on. INVITATION TO BIDDERS FOR THE FOLLOWING PROJECT: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL BID OPENING: 10:00 A.M.~THURSDAY~ FEBRUARY 13~ 2003 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) ~/.~_~~ (Corporate Title) (if any) ~C~.~w~a~ Printed Name ,~a4t/~ ~.)' Company Name ~.,Jt',~ a~4~,,~,a/~,~l~ Bid on YEAR 2003 SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL INDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALII~ICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT Page Number 2 3 4-7 8 9-15 16 17-21 22 - 24 25 - 38 2 LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, February 13, 2003 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the mount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEIPT AND OPENING OF BDS The Town Board, of the Town of Southold, Southold, New York (herein called the "Town") invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately and completely including the attached non-collusive bidding certificate. Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF THE WORK Said work is more particularly described in the attached specifications. The specifications are attached to and are a part of the contract documents. 3. PREPARATION OF PROPOSAL Proposals shall be submitted on the prescribed form. All blank spaces for unit prices, lump sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and figures. 4. ERRORS IN BID In the event there is a discrepancy between the unit prices and/or lump sums written in words and written in figures, the unit prices and/or lump sum written in words will govern. In the event there is a discrepancy between the unit price and the total price for a particular item, the trait-price will govern. 5. APPROXIMATE QUANTITIES The quantities given in the proposal are approximate only, being given as a basis for the uniform comparison of bids, and the Town does not expressly or by implication agree that the actual amount of work will correspond therewith. The actual quantities of materials used will be measured on site of work by the Engineer or his representative. 4 INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 6. BIDDERS TO CHECK APPROXIMATE QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Town, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed for the completion of the work, except as provided in the Contract. 8. INTENT OF CONTRACT DOCUMENTS The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the various unit price and lump sum bids on the items as listed in the proposal. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall not relieve any bidder from any obligation in respect of his bid. Site inspection shall include surface and subsurface conditions. Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions. The Town will make available to the bidder any information obtained by investigations previous to opening bids, but makes no guarantee with respect to the accuracy of such information, and each bidder in bidding represents that he relies exclusively upon his own investigations and he makes his bid with a full knowledge of all conditions, and the kind, quality and quantity of work required. 5 INSTRUCTIONS TO BIDDERS]WAGE RATES (CONT'D) 10. QUALIFICATION OF BIDDERS. The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Town all such information and data requested for this purpose. 11. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U.S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an amount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance of his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 14. REJECTION OF BIDS The Town reserves the right to reject any or all bids, or to accept any bid should it deem it to be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. INSTRUCTIONS TO BIDDERS]WAGE RATES (CON' 15. POWER OF ATTORNEY Attorneys in fact who sign contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds. 16. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT TI-IE WORK SITE PRIOR TO SUBMITTING HIS BID. 17. SPECIFICATIONS FEE The Twenty-five Dollars ($25.00) fee for each set of specifications is non-refundable. 18. LABOR RATES Thc Contractor shall pay not less than the minimum hourly wage rates on this Contract as established in accordance with Section 220 of thc Labor Law and in accordance with all other applicable laws. 19. PERFORMANCE BOND The Contractor shall not commence any work until he supplies thc Town Clerk with a Performance Bond in thc sum of 25% of thc 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 thc bid bond. QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): FIRM NAME: ~IG~qED BY: /: TITLE: 8 PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item #1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. PPdCE PER GALLON ,07 ,.~t~ tfld~/-J~b~r tga3LLA~'S lO PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY NAME: FACILITY ADDRE S S: FACILITY CONTACT PERSON: FACILITY CONTACT PHONE TOTAL BID TOTAL DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid ifa contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES 1N THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ~/~ ADDENDUM NO. DATED SIGNED BY: ~ TITLE: FEDERAL D NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: EMERGENCY: PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BIDDER /.,6/~/'~1~ (~d'///~,,~n~'~.~, ~.~.~. BUS.ESS ~D~SS OF . BINDER /~ Z~~ DATED AT: THE ~ DAY OF ~ ,2003. / 14 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. (b) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, FIRM FIRM ADDRESS: SIGNE~ BY: TITLE: If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: ACKNOWLEDGMENT OF PRINCIt'AL (individual or Partners) STATE OF County of On this day of ,20__~ before me personally appem~i known to me to be the individual~described h~ein and who executed the foregoing insU'ument and acknowledged to me flare he exe~med the same. My co.im~i~n expire& County Notary Public ACKNOWl JiDGMENT OF PRINCIPAL (Corporate Officea') STATE OF ~-~ County of 0'~'/'/~ ss who acknowledged to be the a corporafico, and that as such officer being authorized so to do, executed the foregoing instrument ~..~ Notary ;-'uo,c, Skate oi/',i~w 'fork County No. 01L05068050 Qualified in Suffolk Cou~/i~, Commission Expires Oct. 28, ACKN'OWL]EDGIVlENT OF SURETY (Corporate O~ce~) STATE OF Mi nna~nl-~ County of gennepin Signed and sworn before me, a Notary Public, m this day of~ , before me pa'sonally appeared Amelia H. Stolberg , who acknowledged to be the Attorney-In-Fact of Continental Casualty Cm.corporafio~ and that s_he, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by sign/ag their name as such AtWrney-ln-Fact My commissi~m exp/ms: I.- County Notary Public POWER OF ATTO~IEY APPOINTING INr)IVIDUAL A~ORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and Amedcan Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly o~ganized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Amos Rosenbioom, Philip M. Rosenbioom, Kathleen B. Waterman, Amelia H. Stolberg, Susan M. Martinsen, Individually of Bloomington, Minnesota their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -- In Unlimited Amounts -- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused those presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 16th day of January, 2002. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania Michael Congler Group Vice President State of Illinois, County of Cook, ss: On this 16th day of January, 2002, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Ha~ford, a connecticut corporation, and American Casualty company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument ara such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. DIANE FAULKNER ~ Notary Public, State of Illineis ~ My Commission Expires 9/17/05 } My Commission Expires September 17, 2005 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut col~poraflon, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of __, Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania MaryA. Rtbikawskis Assistant Secretary (Rev. 10/11/01) BUILDERS RISK INSURANCE, INDEMNITY~ LIMITATION OR LIABILITY 1. BUILDERS RISK INSURANCE The Contractor shall purchase and maintain during the course of construction until issuance of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance policy in the full mount of the contract. The policy shall name as co-insureds the CONTRACTOR and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped PREMIUM PAID. 2. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD -HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the work described in the contract documents, but not including liability that may be due to the sole negligence of the OWNER or its officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Owner to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the contract award amount, whichever is greater. GENERAL CONDITIONS 1.0 GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifications and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provision shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials, plant, labor and other requirements :of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price of the various items of the entire Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either cited on the index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be complementary to the other sections. It is intended that they include all items of labor and materials and everything required and necessary to complete the work, even though some items of work or materials may not be particularly mentioned in every section or may have been inadvertently omitted fi.om the Drawings or Specifications or both. 3.0 APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Town for approval a list of all the subcontractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Town. 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations (a) Addenda (later dates to take precedence over earlier dates); (b) Drawings (schedules or notes to take precedence over other data shown on Drawings); (c) Detailed Specifications 17 GENERAL CONDITIONS (CONT'D.) (d) General Specifications (e) General Conditions All work that may be called for in the Specifications, shall be famished and executed by the Contractor. Should any work or material be required which is not denoted in the Specifications, either directly or indirectly, but which is necessary for he proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely delineated and described. 5.0 ADDITIONAL WORK Additional work, if required to be performed under this contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. 6.0 OCCUPATIONAL SAFETY AND HEALTH ACT ' The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and subsequent revisions. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces. All specific requirements of the Act shall be adhered to. 7.0 SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal to the hospital for treatment of any employee either seriously injured or ill. 8.0 SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary conveniences for the use of employees on the work. Such conveniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, GENERAL CONDITIONS (CONT'D.} ordinances and regulations governing these facilities. The contents of the same shall be removed with sufficient fi'equency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious diseases as may be deemed necessary .In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons connected with the work. The building of shanties or other structures for housing the workers, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. 9.0 RESPONSIBILITY OF CONTRACTOR The Contractor is responsible for complete conformance to the Plans and Specifications; proper construction procedures; coordination with subcontractors, other contractors and utilities; and safe working conditions for its employees. 10.0 LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. 11.0 CONTRACTOR'S REPRESENTATWE The Contractor, in case of its absence from the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representative available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than 24 hours. 12.0 SCHEDULE OF VALUES N/A GENERAL CONDITIONS (CONT'D~) 13.0 INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions immediately, and then file a written protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or mling. 15.0 NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. All excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by CLS General Business Law, Part 761. All conduits, water mains and gas mains encountered in the construction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay and at its own expense, repair the same to the satisfaction of the Town. If such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any moneys due or to become due the Contractor. 16.0 INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in anyone phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract or of any materials used upon said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 20 GENERAL CONDITIONS (CONT'D,) 17.0 DAMAGES All damages, direct or indirect, of whatever nature either resulting from the performance of or resulting to the work under this Contract during its progress from whatever cause shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment request, as prepared by the Town. 18.0 GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Town, except as otherwise specified. Upon written notification from the Town, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no cost to the Town. 19.0 STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Engineer for the Town. The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other employee designated by the Town Board to administer this contract, The word "Owner" shall refer to the Town of Southold. 21 SECTION 13219- SCAVENGER WASTE REMOVAL TRANSPORTATION AND DISPOSAL P~T1 GE~L 1.1 SECTION INCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste fi.om the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the d ration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 SUBMITTALS Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall fumish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that the proper disposal facility has been identified, and that the facility is being operated in accordance with all applicable regulations. The information shall be submitted in writing and include name, location and address 22 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} of the disposal facility, EPA and/or State facility identification number, SPDES/NPDES permit, and supervisor's name and telephone number. Should the Contractor change the proposed disposal location, submittal of the above required information for the new location shall be made to the Owner prior to removal of scavenger waste. PART - 2 PRODUCTS NOT USED NOT USED PART - 3 EXECUTION 3.1 REMOVAL OF SCAVENGER WASTE The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility, Remove approximately 150,000 gallons per month during the months Of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest comer of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supematant, gdt, scum, and other products ofbiodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 23 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} The transfer of scavenger waste from the equalization tank shall be performed in a clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold Scavenger Waste Treatment Facility. Dilution of the equalization contents will not be allowed. 3.2 TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker macks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 24 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 t~'~· [3 ~ 2003, 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 /,d~'~.M~,~ ~t//~tada,t~[~'~. (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: · ~.~ ~) PER THOUSAND GALLONS ($ ~',$;~t) /1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 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, in the judgment of the Town, 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 apply/ng 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, 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 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 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 quantities of waste removed, as determined by the Town's measurements by the trait prices bid, no allowance being made for anticipated profit or for reason of variations from the estimated quantities set forth in the Proposal. 26 Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 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 signing 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 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 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 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or fi.eight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the Contractor as hereinaRer provided or relieve the Contractor fi.om 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 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims 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: O) Public Liability Insurance in the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to anyone 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) 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 against claims arising 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 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 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 fi'om, 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 maintain 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 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 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 fumish 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, 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 30 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'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 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 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 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 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 to any Contractor or subcontractor to the extent of the amount or amounts due or to become due to him for dally 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 admitted 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 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 the 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 guilty of a misdemeanor and, upon conviction, shall be punished 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 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 by the 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 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 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 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 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 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 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 conclusive. 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 Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in predetermining the location and depth of the various pipes, conduits, manholes and other tmderground 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 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 consequence of his work for which the TOWN might be liable. The Contractor 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 financially 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 limited 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, and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 fi.om any, and agrees to correct any defects immediately. 34 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 of the 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 contractors 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 claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT Iff 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 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 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 If the 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. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 Contractor expressly undertakes at his own expense: To take every precaution against injury to persons or dan~ages 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 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 injury 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 payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enfomed as though it were included herein, and if through mistake or otherwise 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 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 s%t thei~J~ands and~d year first above written. /,~t~ ~_ ///'--,-'F 37 INVITATION TO BIDDERS FOR THE FOLLOWING PROJECT: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL BID OPENING: 10:00 A.M.THURSDAY~ FEBRUARY 13~ 2003 INDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY Page Number iNDEX PAGE NOTICE TO BIDDERS iNSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK iNSURANCE GENERAL CONDITIONS SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT 2 3 4-7 8 9-15 16 17-21 22 - 24 25 - 38 LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, February 13, 2003 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board 3 INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEIPT AND OPENING OF BDS The Town Board, of the Town of Southold, Southold, New York (herein called the "Town") invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately and completely including the attached non-collusive bidding certificate. Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF THE WORK Said work is more particularly described in the attached specifications. The specifications are attached to and are a part of the contract documents. 3. PREPARATION OF PROPOSAL Proposals shall be submitted on the prescribed form. All blank spaces for trait prices, lump sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and figures. 4. ERRORS IN BD In the event there is a discrepancy between the unit prices and/or lump sums written in words and written in figures, the unit prices and/or lump sum written in words will govern. In the event there is a discrepancy between the unit price and the total price for a particular item, the unit-price will govern. 5. APPROXIMATE QUANTITIES The quantities given in the proposal are approximate only, being given as a basis for the uniform comparison of bids, and the Town does not expressly or by implication agree that the actual amount of work will correspond therewith. The actual quantities of materials used will be measured on site of work by the Engineer or his representative. 4 INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 6. BIDDERS TO CHECK APPROXIMATE QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Town, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed for the completion of the work, except as provided in the Contract. 8. INTENT OF CONTRACT DOCUMENTS The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the various unit price and lump sum bids on the items as listed in the proposal. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall not relieve any bidder from any obligation in respect of his bid. Site inspection shall include surface and subsurface conditions. Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions. The Town will make available to the bidder any information obtained by investigations previous to opening bids, but makes no guarantee with respect to the accuracy of such information, and each bidder in bidding represents that he relies exclusively upon his own investigations and he makes his bid with a full knowledge of all conditions, and the kind, quality and quantity of work required. INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 10. QUALIFICATION OF BIDDERS. The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Town all such information and data requested for this purpose. 11. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U.S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an amount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance of his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 14. REJECTION OF BIDS The Town reserves the right to reject any or all bids, or to accept any bid should it deem it to be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. INSTRUCTIONS TO BIDDERS/WAGE RATES (CON' 15. POWER OF ATTORNEY Attorneys in fact who sign contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds. 16. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTING HIS BID. 17. SPECIFICATIONS FEE The Twenty-five Dollars ($25.00) fee for each set of specifications is non-refundable. 18. LABOR RATES The Contractor shall pay not less than the minimum hourly wage rates on this Contract as established in accordance with Section 220 of the Labor Law and in accordance with all other applicable laws. 19. PERFORMANCE BOND 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 this work, and failure to provide such a bond will result in forfeiture of the bid bond. QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): FIRM NAME: ADDRESS: SIGNED BY: TITLE: PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to famish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: Item # 1 Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,000,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between March 1, 2003 to February 28, 2004. The Town will notify the contractor within the 90 day period. PRICE PER GALLON DOLLARS TOTAL DOLLARS l0 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. ITEM 2 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY NAME: FACILITY ADDRESS: FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: TOTAL BID TOTAL DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the fight to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TWELVE (12) MONTHS. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: FEBRUARY 13, 2003 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: , EMERGENCY: ~3 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice fi'om the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BIDDER BUSINESS ADDRESS OF BIDDER DATED AT: THE DAY OF ,2003. 14 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: January 14, 2003. Respectfully submitted, FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 BUILDERS RISK INSURANCE~ INDEMNITY~ LIMITATION OR LIABILITY 1. BUILDERS RISK INSURANCE The Contractor shall purchase and maintain during the course of construction until issuance of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co-insureds the CONTRACTOR and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped PREMIUM PAID. 2. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD -HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of their officers, agents and employees fi.om any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the work described in the contract documents, but not including liability that may be due to the sole negligence of the OWNER or its officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Owner to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the contract award amount, whichever is greater. GENERAL CONDITIONS 1.0 GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifications and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provision shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials, plant, labor and other requirements :of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price of the various items of the entire Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either cited on the index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be complementary to the other sections. It is intended that they include all items of labor and materials and everyth]ng required and necessary to complete the work, even though some items of work or materials may not be particularly mentioned in every section or may have been inadvertently omitted from the Drawings or Specifications or both. 3.0 APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Town for approval a list of all the subcontractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Town. 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations (a) Addenda (later dates to take precedence over earlier dates); (b) Drawings (schedules or notes to take precedence over other data shown on Drawings); (c) Detailed Specifications 17 GENERAL CONDITIONS (CONT'D.) (d) (e) General Specifications General Conditions All work that may be called for in the Specifications, shall be furnished and executed by the Contractor. Should any work or material be required which is not denoted in the Specifications, either directly or indirectly, but which is necessary for he proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely delineated and described. 5.0 ADDITIONAL WORK Additional work, if required to be performed under this contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. 6.0 OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and subsequent revisions. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces. All specific requirements of the Act shall be adhered to. 7.0 SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal to the hospital for treatment of any employee either seriously injured or ill. 8.0 SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary conveniences for the use of employees on the work. Such conveniences shall be properly secluded from observation, and their use shall be strictly enfomed. Such sanitary conveniences shall be constructed in compliance with all laws, GENERAL CONDITIONS (CONT'D.} ordinances and regulations governing these facilities. The contents of the same shall be removed with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious diseases as may be deemed necessary .In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons connected with the work. The building of shanties or other structures for housing the workers, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. 9.0 RESPONSIBILITY OF CONTRACTOR The Contractor is responsible for complete conformance to the Plans and Specifications; proper construction procedures; coordination with subcontractors, other contractors and utilities; and safe working conditions for its employees. 10.0 LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. 11.0 CONTRACTOR'S REPRESENTATWE The Contractor, in case of its absence from the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representative available to receive telephone messages and provide a reasonable reply as soon as possible, but not later than 24 hours. 12.0 SCHEDULE OF VALUES N/A 19 GENERAL CONDITIONS (CONT'D,) 13.0 INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions immediately, and then file a written protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 15.0 NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. All excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by CLS General Business Law, Part 761. All conduits, water mains and gas mains encountered in the construction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay and at its own expense, repair the same to the satisfaction of the Town. If such repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any moneys due or to become due the Contractor. 16.0 INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in anyone phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract or of any materials used upon said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 20 GENERAL CONDITIONS (CONT'D~) 17.0 DAMAGES All damages, direct or indirect, of whatever nature either resulting from the performance of or resulting to the work under this Contract during its progress from whatever cause shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment request, as prepared by the Town. 18.0 GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Town, except as otherwise specified. Upon written notification from the Town, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no cost to the Town. 19.0 STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the propose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Engineer for the Town. The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other employee designated by the Town Board to administer this contract, The word "Owner" shall refer to the Town of Southold. 21 SECTION 13219- SCAVENGER WASTE REMOVAL TRANSPORTATION AND DISPOSAL PART 1 GENERAL 1.1 SECTION INCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the d ration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 SUBMITTALS Within one week of contract execution and prior to beginning any transfemng and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that the proper disposal facility has been identified, and that the facility is being operated in accordance with all applicable regulations. The information shall be submitted in writing and include name, location and address 22 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} of the disposal facility, EPA and/or State facility identification number, SPDES/NPDES permit, and supervisor's name and telephone number. Should the Contractor change the proposed disposal location, submittal of the above required information for the new location shall be made to the Owner prior to removal of scavenger waste. PART - 2 PRODUCTS NOT USED NOT USED PART - 3 EXECUTION 3.1 REMOVAL OF SCAVENGER WASTE The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility, Remove approximately 150,000 gallons per month during the months Of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest comer of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supematant, grit, scum, and other products ofbiodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 23 SECTION 13219- SCAVENGER WASTE REMOVAL~ TRANSPORTATION AND DISPOSAL (CONT'D} The transfer of scavenger waste fi.om the equalization tank shall be performed in a clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold Scavenger Waste Treatment Facility. Dilution of the equalization contents will not be allowed. 3.2 TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 24 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 ~ 2003, 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 (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: PER THOUSAND GALLONS ($. /1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed 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. 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. 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, in the judgment of the Town, 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, 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 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 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 quantities of waste 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 Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 time for performance and completion of the work are for the purpose of enabling the TOWN to proceed with the construction ora 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 signing 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 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 amount is hereby agreed upon, fixed and determined by the parties h~reto 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 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided or relieve the Contractor fi.om 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 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for 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, 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 wrongful death to anyone 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) 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 against claims arising 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 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 ar/sing 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 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 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 maintain 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 fi.om claims for property damage which may arise fi-om operations under this Contract, whether such operations be by himself 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: (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 ~nsudng 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, 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 30 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'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 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 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 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 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 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 fi'om the whole amount of any payment on account thereof the sum or sums admitted 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 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 the 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 guilty ora misdemeanor and, upon conviction, shall be punished 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 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 by the 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 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 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 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 fi'om 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 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 fi'om 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 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 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 conclusive. 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 Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 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 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 consequence of his work for which the TOWN might be liable. The Contractor 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 financially 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 limited 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, and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 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 all 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 enumerated 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, 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 fi'om any, and agrees to correct any defects immediately. 34 22. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold fi.om 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 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 fi.om loss due to injury to persons or damage to the work or property of other contractors 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 claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S 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 after 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 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 If the 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. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 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 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 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 injury 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 payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall 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 otherwise 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 tinder 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. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 37 LEGAL NOTICE NOTICE TO B1D~BERS PLEASE TAKE NOTICE Tlt^f sealed bids will be r~eived by ~ Town Bo,ud, on behalf of ~ Town of So~ath~oid, i~ tbe Town 1-hll, 53095 Main Road, Southold, New York 11971, ~o~ later than 10:00 a.m., Thursday, February 13, 2003 at which time they for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-rcfuedable fec of Twenty- Five Dollars ($25.00) payable to the Town of $outhold will be required for a set of specifications. The above rnfcr- enced specifications may be seen at or pwcured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or ceffified check in the amount of The Town Board reserves thc right to and all informality in any bid should it Town of $outhoid to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and sub- mitted to the Office of the Town Clerk. The bid price shall not include any tax, Town of Southold is exempt. Dated: October 22, 2002 SOUTHOLD TOWN CLERK STATE OF NEW YORK) )SS: ..~U~.4/TY QF SUFFOLK) .~/,~'~-//'/~--~"d;=~.'"~-._ of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks succes- sively, co~mmencing on the ~ day of ~.,~/~.~ 20~'.L~ y ~ncipal Clerk Sworn to before me this day of TT.J-r~ 20 ~ LAURA [--. BONDARCHUK Notary Public, State of New No 01 B06067958 Q:ialified in Suffolk Ooui'lty My Commission Expires Dec. 24, 20_~~) LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, February 13, 2003 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refimdable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JANUARY 23, 2003, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board Scavenger Waste Plant R. Bednoski STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly that on the I ~ day of ~ , 2003 she affixed a notice of sworn, says 0~ which the annexed printed notice is a true copy, in a pro-per and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice -Notice to Bidders for Year 2003 Bid for" Scavenger Waste Treatment Facility Waste Transport And Disposal ", bid opening at 10:00 a.m., Thursday, February 13, 2003. tl~zabeth A. Neville / Southold Town Clerk Sworn to before ~_~___day of ~ ot~eubl?c LYNDA M. BOHN NO'I'ARY PUBLIC, State of New York No. 01B06020932 Qualified in Suffolk Count~ Terrll Expires March 8, 20 ~ NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Printed Name Company Name Address Bid on YEAR 2003 SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 January. 14~ 2003 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 3 If total transmittal is not received, please call 631 765-1800. COMMENTS: Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 21 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 7, 2003: RESOLVED that the Town Board of the Town of Southold hereby reiects any and all bids received at the December 19~ 2002 bid opening of 2003 Scavenger Waste Removal/Transport, and be if further RESOLVED that thc Town Clerk hereby be authorized and directed to re-bid the 2003 Scavenger Waste Removal/Transport bid. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTR. AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOi~EViATION OFFICER Town Hall, 53095 Ma~n Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 2003 SCAVENGER WASTE RE. MOVAL & TRANSFER BID OPENING 10:00 A.M., Thursday, December 19, 2002 Received One (1) Bid Only: Earthcare Company of New York 972 Nichol's Road Deer Park, N.Y. 11729 Item # I $196,988.00; Item #2 $223,850.00 Total Sum: $420,838.00 ,,, F'ARTHCARE COMPANY DEBTOR IN POSSESSION RECEIVED DEC 1 9 2~02 Southold Town Cie& QUALIFICATIONS OF BIDDERS TOWN OF SOUTI4OLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the~_Owner, the~Lo..eat!qn, the Date of Co~ction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a slmilar nature constructed a~d/or pefformedbY' the undersigned, and which has been completed and in operation for a period of not less than one CO year (minimum of five (5) such projects):., A~DRESS: 8 EIVED DEC 20O2 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: ITEM 1 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport to and dispose of approximately 2,200,000 gallons of scavenger waste to an approved disposal location for a contract period between April 1, 2003 to December 31, 2003.C°r oSqSq PRICE PER GALLON %,~'~ Z~ fO flr'a~Jc ~i~J~" ~ II~'~Or ~-2~OU-O ~ i~[~)OLLARS ITEM 2 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to remove, transport and dispose of approximately 2,500,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between January 1, 2003 to December 31, 2003. The Town will notify the contractor within the 90 day period prior to expiration of Item I if~t will select this alternate bid. F' .~,~q,~,t ~'~ '~ DOLLARS l0 PROPOSAL TOWN OF SOUTHOLD .SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIIVIE: 10:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY ADDRESS: FACILITY CONTACT FACILITY CONTACT PHONE NU ER: q 6&-q e'6 TOTAL BID (SUM OF ITEMS 1 AND 2) a - I '1 U~t pfice~ bid per gallon shall be used as additions or deductiom b~ed on ~e actual qu~ti~ of scaveng~ w=te remov~ ~d ~Dosed of. Work must enmenc, M~ fiw (5) comecutiw c~d~ days a~er notice to proceed. The Town hereby reserves the fight to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. ROpOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: FEDERAL ID NO. OK SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: b3~ ,'6%-COO'L- , EMERGENCY: 13 pROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the inderrmifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAIVlE NAME OF BIDDER BUSlNESS ADDRESS QF DATED AT: THE . _ ~ elS%AY OF ~"~'~C: t ,2002. 14 pROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each pan'y ~hereto certifies as to its own orgmization, under penalty of perjury, that to the best of its knowledge and beliefi (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: October 22, 2002. Respectfully submitted, FIRM If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting fo~h in detail the reasons therefor. Indicate if statement is attached: 12~0~002 License Type/Fee Type License # Bid Specifications & Fees 1 (2003 Boiler) Town Of Southold General Licensing Report For License Type: Bid Specifications & Fees Date Range: 11/10/2002 to 12/20/2002 Page: Issue Date/ Expiration Date Licensee Total Notes 1 2/12/2002 Kolb, Mechanical P.o. Box 106 Mattituck, NY 11952 $10.00 Bid Specifications & Fees 10 (2003 Boiler) Bid Specifications & Fees (2003 Boiler) Bid Specifications & Fees (2003 Scavenger Waste Removal) Bid Specifications & Fees (2003 Boiler) Bid Specifications & Fees (2003 Boiler) 2 2003-1 22440 3 12/19/2002 12/12/2002 12/03/2002 12/17/2002 12/16/2002 Dominion, Construction Corp. 108 Allen Blvd. Farmingdale, NY 11735 $10.00 (631) 249-0888 Petro, Oil Co $10.00 30 Old Duck Road Yaphank, NY 11980 (516) 686-1600 41 Sandpiper Lece Coram, NY 11272 732-8631 (631) Heating, & Pipine Specialties $10.00 P~r."'Box 477 Laurel, NY 11948 (631) 298-2006 East, Coast Mechanical '~,O '8'and r a Ave. West Islip, NY 11795 $10.00 Bid Specifications & Fees (2003 Boiler) 4 12/16/2002 Best, Quality Water Corp. P.o. Box 1215 Mattituck, NY 11952 $10.00 Bid Specifications & Fees (2003 Boiler) Bid Specifications & Fees (2003 Boiler) 5 1 2/17/2002 12/18/2002 Reel, Mechanical Contractors ~ Keyland Court Bohemia, NY 11716 (631) 588-1350 Baxter, Plumbing 5805 Main Bayview Rd. Southold, NY 11971 $10.00 $10.00 Bid Specifications & Fees (2003 Boiler) 1 2/19/2002 Cole, Mechanical 119 Lake Drive Mahopac, NY 10541 (845) 621-9288 $10.00 Quantity Sub Total: 10 Amount Sub Total: $115.00 Quantity Grand Total: 10 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 2003 SCAVENGER WASTE REMOVAL & TRANSFER BID OPENING I0:00 A.M., Thursday, December 19, 2002 Received One (1) Bid Only: Earthcare Company of New York 972 Nichol's Road Deer Park, N.Y. 11729 Item # I $196,988.00; Item 02 $223,850.00 Total Sum: $420,838.00 EARTHCARE COMPANY DEBTOR IN POSSESSION PLEASE DETACH AND RETAIN THIS STATEMENT-ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED ABOVE. RECEIVED DEC 19 2o0~ Southold Tovm Cie& QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 'The following is a list showing the name of the Owne..r, the Location, the Date o£Co_n.s_.t3~u, ction Md/or Performance, a General Description oftl~ Work, and the Amottnt of the Contract Work of a similar nature constructed ~d/or performed by. the undersigned, and which has been completed and in operation for v. period of not less than one (1) year (minimum of five (5) such projects): .. A~DRESS: {~E¢ ] ~ 2002 PROPOSAL TOWN OF SOUTHOLD 'S~thold Tort,, Cledl SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion off REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: ITEM 1 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, permits and supplies necessary to-remove, transport to and dispose of approximately 2,200,000 gallons of scavenger waste to an approved disposal location for a contract period between April 1, 2003 to December 31, 2003. PRICE PER GALLON ~1~.~- Z~ r0 fi&+ ~ i/~- ~ 0~)f- G GeD ~ ~)0LLARS ~TEM 2 - Scavenger W~tc Removal ~d Tr~spo~ to ~ Approved Disposal Location Furnishing all labor, materials, equipment, pemaits and supplies necessary to remove, transport and dispose of approximately 2,500,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between January 1, 2003 to December 31, 2003. The Town will notify the contractor within the 90 day period prior to expiration of Item I if~t will select this alternate bid.k~tr' ~ c{ ~ c{ ~!'x~, PRICE PER GALLON gi/~f ~¥O Ct~et4~ J~iD~ ~0~- ~0 r C~l~b {)~ G~}}2~OLLARS lo PROPOSAL ":3, ~;I' (i ]? SOUTHOLD ! iJ ;F( ,1.31; ( ~OUNTY, NEW YORK IOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. ] 5]! } ! ! · ] ~)BNTIFICATION OF APPROVED DISPOSAL LOCATION, A: 1][;'I] d:ONTACT A: ;:1 ;1 ~. CONTACT PHONE I (; n t prices bid per Ballon shall be used ~ ¢ditions or d~ucfio~ b~ed on the ae~al u~ ~d ;,, y scavenger w~te removed ~d disposed of. Work m~t co~enee wi~n five (5) m ~(x t:(:;~ 3 ,::flend~ days a~er notice to proceed. own hereby reserves the ngh to select the Total Bid or reject a bid if a contractor,s prices are evaluated as unreasonable. ;; 13 :, I?own also reserves the right to void this contract after fifteen days notice. 11 ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM TI-IE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: TITLE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: (~-~ ~z~o--60(Y'c- , EMERGENCY: 13 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice fi.om the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice fi.om the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BDDER BUSINESS ADDRESS BIDDER DATED AT: _LTHE ~ C~%AY OF ,2002. 14 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person si~ing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, cousultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for th~s project; and (c) No attempt has been or will be made by the bidder to induce any other person paxtnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Soathold, New York Dated: October 22, 2002. Respectfully submitted, F/RM TITLE If thi:~ bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, $3095 Main Road, Southold, New York 11971, not later than 10 a.m., Thursday, l)eeember 19, 2002 at which time they will be publicly opened and read aloud, for the fol- lowing project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty- Five Dollars (S25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. ]Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and ali bids and waiv6 any and ali informality in any bid should it be deemed in the best inter- est of the Town of Southold to do so. All bids must be signed and sealed in enveinEes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk, The bid price shall not include any tax, federal, state, or local, fxom which the Town of Southold is ~xempt. Dated: Octol~ 22, 21B2 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK ?na~-tT N27 STATE OF NEW YORK) )SS: C~ QF SUFFOLKL ~ ~,~-/¢//~x../t'/~/_-~'~'~,~ of Mattituck, in said county, being duly sworn,-says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular y published in said Newspaper once each week for / weeks succes- ,.~>/ day sively, .com.menc!ng on the of~ 20 /~' ~drincipal Clerk Sworn to before me this ~ ~7 day of ~. 20~,~ LAURA E. BONDARCHUK Notary Public, Stale of NewYorK No 01B06067958 Qualified in Suffotk County /~ - My Commission Expires Dec. 24, 20~'3 LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, December 19, 2002 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, fi'om which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 27(?), 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board II STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~t~..~r~ day of ]~(Ot ) ,2002 she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York. Legal Notice -Notice to Bidders for Year 2003 Bid for" Scavenger Waste Treatment Facility Waste Transport And Disposal ", bid opening at 10:00 a.m., Thursday, December 19, 2002. Nevillet/ Southold Town Clerk Sworn to before me this ~'~o~ dayof &IOO ~ ' (] N~-~'aryPublic ~uaflft~:l In Suffolk Expires March 8, NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Printed Name Company Name Address Bid on YEAR 2003 SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL Nov-22-O2 O1:14P P.O1 22/11 '0R FRI 12:21 FAX Sl 35 $145 SOUTHOLI) Cllll( -~-,-~ SUffolk Times [~001 Town H,~I, 53095 M~in Roacl P.O. ~ 1179 ~outhold, l~w York 11971 F~x (631) 765.61&1~ Talaphm~Q (6il) 765-1800 ~uilloldt~wn.northfork.net OFFICE OF 'l'~t~ 'IOW'iN' CLERK TOWN OF $0UTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL THE SUF-~OLK TIM~S A'I~F: JOAN ANN 11/22/2002 LEG~t~L NOTICES I?OR PUBLICATION IN 2002 Number of pages being faxcd ~ including coverpage Ii'total ITansmittal is not r~c¢ivcd, please call 631 '/65-1g00. Bids: Scav~s~ waste P/.F.,~£ ACKNOWLEDGE P~CEIPT 0~ THIS LEGAL NOTICI~ ~F/'ti~/N ONE (1) HOU~ BY SIGNING BF-I.,OW AND RETUR.NiNG BY FAX TO 76~-6~,~, ATTENTION: BETTY NEVILLE. TH~ YOU. Received By Datc 22/11 '02 FRI 12:22 FAX 516 765 6145 SOUTROLD CLERK ~001 *** TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PCS. SENT RESULT 3979 2983287 Suffolk Times 22/11 12:21 00'50 2 OK ELIZABETH A. NEVILLE T Ol;~i'q CLEI{K REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 ~outholdto wn,nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL THE SUFFOLK TIMES ATT: JOAN ANN LYNDA M. BOHN 11/22/2002 LEGAL NOTICES FOR PUBLICATION IN 2002 Number of pages b~ing faxed 2 including cover page If total transmittal is not received, please call 631. 765-1800. Bids: Scavenger Waste PLF.,4SE ACKNOWLEDGE RECEIPT OF THIS LEGAL NOTICE FFITtFIN ONE (1) HOUR BY SIGNING BELOW AND RETURNING BY FAX TO 765-61,~5, ATTENTION: BETTY NEVILLE. THANK YOU. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL CONSTRUCTION INFO - 800 962-0544 DODGE REPORTS 293-5456 BROWN'S LETTERS 244-9576 BURRELLE'S INFO - 800 524-3329 DATA CONSTRUCTION 888 232-9941 BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-6145 November 22, 2002 "BIDS" ADVERTISEMENT/PUBLICATION Number of Pages (including cover): 2 If total transmittal is not received, please call 631 765-1800. COMMENT S: Please acknowledge receipt of this information by signing below and returning a faxed copy to me at 631 765-6145, attention: Betty Neville. Thank you. Received by Date ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: FAX TRANSMITTAL THE SUFFOLK TIMES ATT: JOAN ANN LYNDA M. BOHN 11/22/2002 LEGAL NOTICES FOR PUBLICATION IN 2002 Number of pages being faxed 2 including cover page If total transmittal is not received, please call 631 765-1800. Bids: Scavenger Waste PLEASE ACKNOWLEDGE RECEI]?T OF THIS LEGAL NOTICE F/ITHIN ONE (1) HOUR BY SIGNING BELOW AND RETURNING BY FAX TO 765-6145, ATTENTION: BETTY NEVILLE. THANK YOU. Received By Date INVITATION TO BIDDERS FOR THE FOLLOWING PROJECT: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL BID OPENING: 10:00 A.M.THURSDAY~ DECEMBER 19~ 2002 INDEX TOWN OFSOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY Page Number INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT 2 3 4-7 8 9-15 16 17-21 22 - 24 25 - 38 2 LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, December 19, 2002 at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the Town of Southold will be required for a set of specifications. The above referenced specifications, may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: October 22, 2002 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 27, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's Information Services Data Construction Town Clerk's Bulletin Board 3 INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEIPT AND OPENING OF BIDS The Town Board, of the Town of Southold, Southold, New York (herein called the "Town") invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately and completely including the attached non-collusive bidding certificate. Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF THE WORK Said work is more particularly described in the attached specifications. The specifications are attached to and are a part of the contract documents. 3. PREPARATION OF PROPOSAL Proposals shall be submitted on the prescribed form. All blank spaces for unit prices, lump sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and figures. 4. ERRORS IN BID In the event there is a discrepancy between the unit prices and/or lump sums written in words and written in figures, the unit prices and/or lump sum written in words will govern. In the event there is a discrepancy between the unit price and the total price for a particular item, the unit-price will govern. 5. APPROXIMATE QUANTITIES The quantities given in the proposal are approximate only, being given as a basis for the uniform comparison of bids, and the Town does not expressly or by implication agree that the actual amount of work will correspond therewith. INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) The actual quantities of materials used will be measured on site of work by the Engineer or his representative. 6. BIDDERS TO CHECK APPROXIMATE QUANTITIES Bidders must satisfy themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Town, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed for the completion of the work, except as provided in the Contract. 8. INTENT OF CONTRACT DOCUMENTS The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town. It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract, and has based his proposal upon such understanding. Compensation for all work and materials required to complete the Contract shall be considered included in the various unit price and lump sum bids on the items as listed in the proposal. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction and labor under which the work will be performed; failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of the Contract Documents and to complete the contemplated work for the consideration set forth in his bid. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents, including all addenda. The failure or omission of any bidder to receive or examine any form, instrument or document shall not relieve any bidder from any obligation in respect of his bid. Site inspection shall include surface and subsurface conditions. 5 INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) Bidders are notified that it is obligatory upon them to obtain by their own means information which they may require as to the existing physical conditions. The Town will make available to the bidder any information obtained by investigations previous to opening bids, but makes no guarantee with respect to the accuracy of such information, and each bidder in bidding represents that he relies exclusively upon his own investigations and he makes his bid with a full knowledge of all conditions, and the kind, quality and quantity of work required. 10. QUALIFICATION OF BIDDERS. The Town may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the Town all such information and data requested for this purpose. 11. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U.S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an amount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand &the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance &his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. INSTRUCTIONS TO BIDDERS/WAGE RATES (CON' 14. REJECTION OF BIDS The Town reserves the right to reject any or all bids, or to accept any bid should it deem it to be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. 15. POWER OF ATTORNEY Attorneys in fact who sign contract bonds must file with each bond a certified copy of their power of attorney to sign said bonds. 16. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTING HIS BID. 17. SPECIFICATIONS FEE The Twenty-five Dollars ($25.00) fee for each set of specifications is non-refundable. 18. LABOR RATES The Contractor shall pay not less than the minimum hourly wage rates on this Contract as established in accordance with Section 220 of the Labor Law and in accordance with all other applicable laws. 19. PERFORMANCE BOND 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 this work, and failure to provide such a bond will result in forfeiture of the bid bond. QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (I) year (minimum of five (5) such projects): FIRM NAME: ADDRESS: SIGNED BY: TITLE: 8 PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: 9 PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: ITEM 1 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, e~quipment, permits and supplies necessary to remove, transport to and dispose of approximately 2!I/00,000 gallons of scavenger waste to an approved disposal location for a contract period between April 1, 2003 to December 31, 2003. PRICE PER GALLON TOTAL DOLLARS DOLLARS ITEM 2 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing ~.aterials, equipment, perm~d supplies necessary to remove, transport and dispose of approx~l,~tely 2,500,000 gallons of slinger waste to an approved disposal location for a twelve (12)'t~th contract period betwee/t'~I~uary 1, 2003 to December 31, 2003. The Town will notify the conf~or within the 90 day perio~or to expiration of Item I if it will select this alternate bid. ~ '~ PRICE PER GALLON ~_~..._~ ~ DOLLARS TOTAL DOLLARS l0 PROPOSAL TOWN OFSOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY NAME: FACILITY ADDRESS: FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: TOTAL BID (SUM OF ITEMS 1 AND 2) TOTAL DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within ftve (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid ifa contractor's stated trait prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF NIINZ (9) MONTHS UNDER ITEM 1, A PERIOD OF TWELVE (12) MONTHS UNDER THE ALTERNATE BID ITEM 2, AND A PERIOD OF TWENTY ONE (21) MONTHS UNDER ITEM #3. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN of SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: DECEMBER 19, 2002 TIME: 10:00 A.M. THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. DATED CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: _, EMERGENCY: PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter imo a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said cheek or bid bond will be retnmed to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BIDDER BUSINESS ADDRESS OF BDDER DATED AT: THE DAY OF ,2002. ~4 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and beliefi (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Co) Unless otherwise required by law, the prices which have been quoted in this bid proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person parmership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: October 22, 2002. Respectfully submitted, FIRM NAME: FIRM ADDRESS: SIGNED BY: TITLE: If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 BUILDERS RISK INSURANCE~ INDEMNITY~ LIMITATION OR LIABILITY 1. BUILDERS RISK INSURANCE The Contractor shall purchase and maintain during the course of construction until issuance of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co-insureds the CONTRACTOR and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped PREMIUM PAID. 2. INDEMNITY The Contractor and all sub-contractors performing work in connection with this contract shall HOLD -HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the work described in the contract documents, but not including liability that may be due to the sole negligence of the OWNER or its officers, agents and employees. 3. LIMITATION OF LIABILITY The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Owner to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the contract award amount, whichever is greater. GENERAL CONDITIONS 1.0 GENERAL CONDITIONS The "General Conditions" are hereby made a part of these Specifications and are attached herein. Where any article of the General Conditions is supplemented hereby, the provisions of such article shall remain in effect. All the supplemental provision shall be considered as added thereto. Where any such article is amended, voided or superseded thereby, the provisions of such article not so specifically amended, voided or superseded shall remain in effect. Work, materials, plant, labor and other requirements :of the General Conditions shall be furnished by the Contractor. No direct payment shall be made for these General Conditions, and payment shall be deemed to be included in the Contract price of the various items of the entire Contract. 2.0 CONTRACT DOCUMENTS The Contract Documents include, but are not limited to, the General Conditions, General Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either cited on the index page(s) or actually included in the bound documents. Each section of the Contract Documents is intended to be complementary to the other sections. It is intended that they include all items of labor and materials and everything required and necessary to complete the work, even though some items of work or materials may not be particularly mentioned in every section or may have been inadvertently omitted from the Drawings or Specifications or both. 3.0 APPROVAL OF SUBCONTRACTORS AND MATERIALS Prior to commencing any work under this Contract, the Contractor shall submit to the Town for approval a list of all the subcontractors and material suppliers it proposes to use for this Contract. No subcontractor or material supplier will be permitted to deliver materials or perform any work on this Contract until it has been approved by the Town. 17 GENERAL CONDITIONS (CONT'D.) 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between the Drawings and the Specifications, the following order shall be given preference when making interpretations (a) Addenda (later dates to take precedence over earlier dates); (b) Drawings (schedules or notes to take precedence over other data shown on Drawings); (c) Detailed Specifications (d) General Specifications (e) General Conditions All work that may be called for in the Specifications, shall be furnished and executed by the Contractor. Should any work or material be required which is not denoted in the Specifications, either directly or indirectly, but which is necessary for he proper carrying out of the intent thereof, it is understood and agreed that the same is implied and required, and that the Contractor shall perform such work and furnish such materials as if they were completely delineated and described. 5.0 ADDITIONAL WORK Additional work, if required to be performed under this contract, will be in accordance with the applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. 6.0 OCCUPATIONAL SAFETY AND HEALTH ACT The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and subsequent revisions. This shall include, but not be limited to, the following areas: Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation, protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces. All specific requirements of the Act shall be adhered to. 7.0 SAFETY PROVISIONS The Contractor shall take every precaution and shall provide such equipment and facilities as are necessary or required for the safety of its employees. In case of an accident, first aid shall be GENERAL CONDITIONS (CONT'D.} administered to any who may be injured in the progress of the work. In addition, the Contractor shall also be prepared for the removal to the hospital for treatment of any employee either seriously injured or ill. 8.0 SANITARY REGULATIONS In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect and maintain necessary sanitary conveniences for the use of employees on the work. Such conveniences shall be properly secluded from observation, and their use shall be strictly enforced. Such sanitary conveniences shall be constructed in compliance with all laws, ordinances and regulations governing these facilities. The contents of the same shall be removed with sufficient frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer. The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such precautions against infectious diseases as may be deemed necessary .In case any infectious diseases occur among its employees, it shall arrange for the immediate removal of the patient from the work and his isolation from all persons connected with the work. The building of shanties or other structures for housing the workers, tools, machinery or supplies will be permitted only at approved places, and the sanitary condition of the grounds in and at such shanties or other structures must, at all times, be maintained in a satisfactory manner. 9.0 RESPONSIBILITY OF CONTRACTOR The Contractor is responsible for complete conformance to the Plans and Specifications; proper construction procedures; coordination with subcontractors, other contractors and utilities; and safe working conditions for its employees. 10.0 LABOR All contractors and subcontractors employed upon the work shall and will be required to conform to the Labor Laws of the State of New York and the various acts amendatory and supplementary thereto, and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. 19 GENERAL CONDITIONS (CONT'D~) 11.0 CONTRACTOR'S REPRESENTATIVE The Contractor, in case of its absence t~om the work, shall have a competent representative or foreman present, who shall follow without delay all instructions of the Engineer or his assistants in the prosecution and completion of the work in conformity with this Contract, and shall have full authority to supply labor and material immediately. The Contractor shall also have a competent representative available to receive telephone messages i and provide a reasonable reply as soon as possible, but not later than 24 hours. 12.0 SCHEDULE OF VALUES N/A 13.0 INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge fi.om the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions immediately, and then file a written protest with the Town against the same within five (5) days thereafter, or be considered as having accepted the record or ruling. 15.0 NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES The Contractor shall cooperate in every way with the utility companies. All excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by CLS General Business Law, Part 761. All conduits, water mains and gas mains encountered in the construction shall be properly and safely taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to whom they belong in order that they may be changed in such a manner as not to interfere with the final construction. In case any damage shall result to any service pipe for water or gas, or any private or public sewer or conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay and at its own expense, repair the same to the satisfaction of the Town. If such 20 GENERAL CONDITIONS (CONT'D,) repairs are not made promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise, and deduct the cost of same from any moneys due or to become due the Contractor. 16.0 INFRINGEMENT OF PATENTS The Contractor further agrees to hold itself responsible for any claims made against the Town for any infringement of patents by the use of patented articles in anyone phase of construction of the work and the completion of same, or any process connected with the work agreed to be performed under this Contract or of any materials used upon said work, and to save harmless and indemnify the Town from all costs, expenses and damages which the Town shall be obliged to pay by reason of any infringement of patents used in the construction and completion of the work. 17.0 DAMAGES All damages, direct or indirect, of whatever nature either resulting from the performance of or resulting to the work under this Contract during its progress fi.om whatever cause shall be borne and sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment request, as prepared by the Town. 18.0 GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanship and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Town, except as otherwise specified. Upon written notification fi.om the Town, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no cost to the Town. 19.0 STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Engineer for the Town. The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other employee designated by the Town Board to administer this contract, The word "Owner" shall refer to the Town of Southold. 21 SECTION 13219- SCAVENGER WASTE REMOV TRANSPORTATION AND DISPOSAL PART 1 GENERAL 1.1 SECTION 1NCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the d ration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 SUBMITTALS Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that the proper disposal facility has been identified, and that the facility is being operated in accordance with all applicable regulations. The information shall be submitted in writing and include name, location and address 22 SECTION 13219- SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} of the disposal facility, EPA and/or State facility identification number, SPDES/NPDES permit, and supervisor% name and telephone number. Should the Contractor change the proposed disposal location, submittal of the above required information for the new location shall be made to the Owner prior to removal of scavenger waste. PART - 2 PRODUCTS NOT USED NOT USED PART - 3 EXECUTION 3.1 REMOVAL OF SCAVENGER WASTE The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility, Remove approximately 150,000 gallons per month during the months Of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest comer of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use ora clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supematant, grit, scum, and other products ofbiodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 23 SECTION 13219~ SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D} The transfer of scavenger waste from the equalization tank shall be performed in a clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold Scavenger Waste Treatment Facility. Dilution of the equalization contents will not be allowed. 3.2 TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; mount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 24 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 .~ 2002, 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 (h~rein called the TOWN), and (herein called the CONTRACTOR). WlTNESSETH, 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 4/1/03 TO 12/31/03 and if required by the Town, Items: 2 SCAVENGER WASTE REMOVAL AND TRANSPORT TO AND DISPOSAL AT AN APPROVED DISPOSAL LOCATION 1/1/03 TO 12/31/03 for the sum off PER THOUSAND GALLONS ($. /1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed in the Proposal herein. Item #3 a total of Item 1 and Item 2. 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 h~reto 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. 25 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 Town, 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, 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 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 Contract. 26 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 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. Extra Work and/or Changes: The TOWN may, at 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 amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: (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 by the TOWN and the Contractor; or (3) If no such unit 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, 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, material used in temporary structures, allowances 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 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 signing 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 of notice by the Town. 27 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 amount is hereby agreed upon, fixed and determined by the parties hereto as the LIQUIDATED DAMAGES, 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 Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the 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 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 28 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 Contractor shall the 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. 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 subcontractor performing work covered by this Contract for 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, 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 HLrNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to anyone 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) 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 against claims arising 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 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 2o 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 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 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 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 maintain 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 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 any one directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: O) Automobile Public Liability Insurance in an amount not less than F1VE HLrNDRED 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 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 30 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, 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 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'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 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 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 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 each, respectively. Section 22OB 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 admitted 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 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 the 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 guilty of a misdemeanor and, upon conviction, shall be punished 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 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 by the 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 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 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 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 to, or arising out of, this work, excepting the Contractor% claims for interest upon the final payment, if 32 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 schedule therefore. Such schedules are not intended to bind the Contractor to a predetermined plan or procedure, but rather to enable the 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 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 conclusive. 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 Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in 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 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 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 consequence of his work for which the TOWN might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 33 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 ftmaish 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 limited to any special acts relating to the work; and 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, and the site of the work, and that from his own investigation he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures 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 ENG1NEER In 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 all 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 enumerated 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. 34 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, by the Contractor at his own expense. Rejected materials shall immediately be removed fi.om the site. The Contractor expressly warrants that his equipment shall be free from any, and agrees to correct any defects immediately. 22. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold fi.om 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 any persons supplying labor or materials for the work; B. To protect the TOWN fi.om 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 contractors 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 claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S 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 after 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 35 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 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 If the 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) 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 until 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 Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made 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 herein prescribed, and that any omission to disapprove of any work by the Engineer at or before the 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 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 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 fxequently 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 fi.om 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 fi.om the Engineer to prevent such threatened injury 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 payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained 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 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 of law and clause required by law to be inserted in this Contract shall 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 othenvise 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. 37 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 fncst 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. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 663 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: RESOLVED that the Town Board of the Town of Southold hereby authorizes the Town Clerk to advertise for bids for the following items for 2003: Milk for the Human Resource Center Purchase of Police Department Uniform Clothing Cleaning of Police Department Uniform Clothing Gasoline for Town Vehicles Heating Fuel Oil for Town Buildings Diesel Fuel Oil for Highway Department and Transfer Station Bulk Ice Control Rock Salt for the Highway Department Bulk Ice Control Sand for the Highway Department Removal and Transfer of Scavenger Waste Removal of Household Hazardous Waste from the Transfer Station Removal of Scrap Tires from the Transfer Station Removal of Scrap Metal from the Transfer Station Town Yellow Garbage Bags Elizabeth A. Neville Southold Town Clerk