HomeMy WebLinkAboutScavenger Waste Removal'" ~' ~ TOWN COPY
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 ~'x~el0A~r~_,r'/o , 2000, BY
I
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 ISLAND WIDE CESSPOOL SEWER & DRAIN, INC. (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 9/1/00 TO 12/31/00 and if required by the Town, for the
sum of ,0_.27 DOLLARS PER GALLON Items: 2 - SCAVENGER WASTE REMOVAL AND
TRANSPORT TO AND DISPOSAL AT AN APPROVED DISPOSAL LOCATION 1/1/01 TO
12/31/01 for the sum of.07 DOLLARS PER GALLON 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~(See Proposal incorporated
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.
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 off, 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
A. 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.
B. 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 within ten (10) consecutive calendar
days after signing this Contract, 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,
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.
A. Compensation Insurance - The Contractor shall take out and maintain, during the life of
this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the
project, and in any case of any of the work being sublet, the Contractor shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's
employees, unless such employees are covered by the protection afforded by the Contractor.
B. 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 any one 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 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) 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.
C. 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.
D. 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 (S500,000.) 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
any one 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 any one 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 therefrom, by means of its own employees or agents, or if
the TOWN directs or supervises the work
to be performed by the Contractor.
E. 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 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 thereunder. 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 ail 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
any one 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 or 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 subcon-
tractor 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 22OD 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 not less often than once each week.
13. PAYMENTS
A. 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 in
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.
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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON AUGUST 29, 2000:
RESOLVED that the Town Board of the Town of Southold hereby
accepts the bid of Island Wide Cesspool Sewer ~, Drain Co., Inc.,
for the removal, transportation and disposal of scavenge~ waste from
the Southold Scavenger Waste Plant at Greenport, in the total bid
sum of items I S 2 in the amount of $277,500.00, all in accordance
with the bid specifications and the approval of the Town Attorney.
A. Neville
Southold Town Clerk
August 29, 2000
TO:
FROM:
RE:
DATE:
GREGORY F. YAKABOSKI,TOWN ATTORNEY
ELIZABETH A. NEVILLE, TOWN CLERK
BID ON SCAVENGER WASTE REMOVAL
8/17/00
WILL THIS BE PLACED ON THE 8/29 AGENDA TO ACCEPT THE BID?
AU$1 7
ELIZABETH A. 1NEVILLE
TOI~N 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) ~65-1500
OFFICE OF THE TOVgN CLERK
TOWN OF SOUTHOLD
September lq, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Warren, President
Island Wide Cesspool Sewer & Drain, Inc.
Post Office Box 1~84
Nesconset, New York 11767
Dear Mr. Warren:
I received the fully executed contract for the Scavenger Waste Removal
which you returned to me today. Therefore, I am returning your certified
check in the amount of $500.00.
Thank you for submitting your bid.
Very truly yours,
E~eville~
- ~"'
2002 INVOICE
Check #
Town of Southold
BILL OF
Nelson, Pope,. &. Voohris ....
Vendor Ho ...............
Invoice No. . ~q70 ..........
Invoice Date !2/J~111~2 ........
Amount Claimed $ .1.27.50. ....
Purchase Order No ..........
For Services and
Disbursements as
Matt. Housing
EnyirpnCons. u. I~iog~:h. a. r~ge..of, zqne
Fund and Account ..........
Entered Dy ...............
Allowed, $ ...............
Audited .J.ao.ua.r.Y.. ?,. , 155l .2.0~1~
Town Clerk
AY TO:
ayeeN me: NelsOn ooZ . Va,-f-his
Addr~s: , ~ ~
,nvoiceNumbe, tqnO 1211 !lO2
Purchase Order Number P.O Date
Town of Southold, New York - Standard Voucher
Payee Tax Identification Number
or Social Security Number: //~
Payee Reference
Vendor Contact
Cash Discount % .Days
Item Unit
Number Description of Materials / Services Quantity Price Amount
I f / /qO- IJodO J f. KPV/PL
Payee Certification
The undersigned (Claij~)~o~rgg,a~h~b~ named claimant) does hereby certify that the foregoing claim is true and correct
and t~ p~~~,tt~fin stated, and that the balance tborein stated is actually due and owing.
Sign a~.~--g~ ~O'"ff"-~ t~ Title r~Ft..7't'V'/':'~_ Dated /~ -- 0~ ~ (5/7~
Department Certification
I hereby certify that the materials above specified have been received by me in good condition without substitution, the services properly
performed and that the ~;~antities thereof have been verified with the exceptions or discrepancies noted, and payment is approved
Signature ~.~ 7~ ,~e~ 7~''~ Title Supervisor Dated 12/20/02
Town of Southold
Nei. on Pope & Voorhis, LLC
572 WaFt Whitman Road Phone: 631-427-5665
Melville NY 11747 Fax: 631-427-5620
Invoice
To;
Town of Southold
Town Hall, 53095 State Rte 25
P.O. Box 1179
Southold NY 11971-0959
Attention: Elizabeth Neville
Property: 02008 Project: VA00791
Mattituck Housing, Greenport - Change c
Manager: Lacey, Shana
Invoice #: 1470
Invoice Date: December 11, 2002
MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $127.50
Miscellaneous Environmental Consulting -
Update review, coordinate OPRHP, follow-up.
Work Performed: 10/16 thru 10/30/02
Professional Services
General Environmental
Environmental Scientist Misc. Environmental Consulting
General Environmental Total:
Professional Services Totals
Bill Hours Bill Rate Charge
1.50 85.00 127.50
1.50 $127.50
$127.50
*** Total Project Invoice Amount
$127.50
All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days.
Please make ail checks payable to NELSON POPE & VOORHIS
Please include invoice number on check
NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS
VISA - MASTERCARD - AMERICAN EXPRESS
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
December 19, 2002
George Weiser
Post Office Box 1251
Cutchogue, New York 11935
Dear Mr. Weiser:
Enclosed please find copy of an invoice from Nelson, Pope, & Voohris for additional
environmental consulting work performed in connection with your change of zone application
on Mattituck Housing. Please remit a cheek to my office in this mount at your earliest
convenience. Thank you.
Very truly yours,
Elizabeth A. Neville
Southold Town Clerk
Enclosures
ELIZABETH A, NEVILLE
TOWN CLERK
REGISTR.~R 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
OFFICE OF TIlE TOWN CLERK
TOWN OF SOUTHOLD
September 7, 2000
David Warren, President
Island Wide Cesspool Sewer & Drain,
PO Box ~8~
Nesconset, New York 11767
Dear Mr. Warren:
Enclosed please find two (2) copies of your contract with the Town of
Southold for the "Removal, Transportation and Disposal of Scavenger Waste
from the Southold Town Scavenger Waste Plant. Please sign both copies,
then return the "Town Copy" in the self-addressed envelope at your
earliest convenience.
Thank you for submitting your proposal,
Very truly yours,
Southold Town Clerk
Enclosures
cc: Town Attorney
TO:
FROM:
DATE:
RE:
MEMORANDUM
ELIZABETH A. NEVILLE, TOWN CLERK
GREGORY F. YAKABOSKI, ESQ., TOWN ATTORNEY
MARY C. WILSON, ESQ., ASSISTANT TOWN A~-FORNE~
SEPTEMBER 7, 2000
AGREEMENTS, LEASES AND CONTRACTS
TRANSMITTED HEREWITH ARE THE FOLLOWING AGREEMENTS
SIGNED BY THE SUPERVISOR AND WHICH NEED TO BE FORWARDED TO
THE OTHER PARTY:
ISLAND WIDE CESSPOOL SEWER AND DRAIN
(SEORA FOR WATER PROTECTION STRATEGY-
NEEDS ON LYTO BE FILED IN YOUR OFFICE)
THANK YOU FOR YOUR ATTENTION TO THESE MATTERS.
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 ~ 2000, 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 ISLAND WIDE CESSPOOL SEWER & DRAIN, INC. (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 tbr the work and material called for under
his bid in the Proposal section of the Contract and designated as Items:
I - SCAVENGER WASTE REMOVAL AND TRANSPORT TO AND DISPOSAL AT AN
APPROVED DISPOSAL LOCATION 9/I/00 TO 12/31/00 and if required by the Town, for the
sum of .0_.~7 DOLLARS PER GALLON Items: 2 - SCAVENGER WASTE REMOVAL AND
TRANSPORT TO AND DISPOSAL AT AN APPROVED DISPOSAL LOCATION 1/1/01 TO
12/31/01 for the sum of.0_.27 DOLLARS PER GALLON for the unit and/or lump sum price(s) as
listed in the Proposal herein. Item #3 a total of Item I and Item 2.(See Proposal incorporated
herein)
1. CONTRACT DOC_ UMENTS 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.
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
A. 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.
B. 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 within ten (10) consecutive calendar
days after signing this Contract, 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,
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 Comractor 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.
A. Compensation Insurance - The Contractor shall take out and maintain, during the life of
this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the
project, and in any case of any of the work being sublet, the Contractor shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's
employees, unless such employees are covered by the protection afforded by the Contractor.
B. 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 any one 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 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) 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.
C. 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.
D. 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 (S500,000.) 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
any one 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 any one 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 therefrom, by means of its own employees or agents, or if
the TOWN directs or supervises the work
to be performed by the Contractor.
E 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 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 thereunder. 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 ail 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
any one 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,
subcomractor, 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 paymem 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 or 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 subcon-
tractor 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 22OD 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 imo 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 not less often than once each week.
13. PAYMENTS
A. 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 in
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 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:
A. 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
B. 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
C. 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
D. 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.
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:
A. 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
C. 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.'
A. The Contractor shall file for any form of bankruptcy relief or make an assignment
for the benefit of creditors; or
B. 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
D. 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 ora 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:
A. To take every precaution against injury to persons or damages to property;
B. 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~
C. 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.
1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
J~-e~ran, Supervisor
Town of Southold
David Warren, President
Island Wide Cesspool Sewer & Drain, Inc.
SCAV. DOC
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
SouthoId, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTI~[OLD
BID ON REMOVAL, TRANSPORTATION, & DISPOSAL OF SCAVENGER WASTE
BID OPENING: 10:00 A.M., THURSDAY, AUGUST 10, 2000
TWO (2) BIDS WERE RECEIVED.
Island Wide Cesspool Sewer & Drain, Inc. Tele 631 765-6300
PO Box q*8tl- Fax 631 588-898t1-
Item 1
Item 2
$.07 per gal/S70, per 1000 gals, $52,500.00
$.07 per gal/S70, per 1000 gals, $175,000.00
Total Bid Sum of Items 1 & 2
$227.500.00
Identification of approved disposal Iocation:Riverhead Scavenger Waste
Plant.
$500.00 certified check received
Earth Care of New York DBA RGM
572 Nicolls Road
Deer Park, NY 22729
Tele 631 586-0002
Fax 1 888 300-2962
Item 1 - $11v~.35 $85,762.50
Item 2 - $11zt.35 $285,875.00
Total Bid Sums of Items 1 & 2 - $371.637.50
Identification of approved disposal location: Bergen Point STP
Bid Bond received
ACORD.
PRODUCER
JOSEPH P. O'BRIEN AGENCY, INC.
454 NEW YORK AVENUE
HUNTINGTON NY 11743
Phone NO 631-421-0505 Fa×No.
08/07/00
~'HI~-~ERTIFICATE IS ISSUE~'~S A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
L COMPANIES AFFORDING COVERAGE
COMPANY
A NATIONAL GRANGE MUTUAL INS CO
INSURED
ISLAND WIDE CESSPOOL SEWER
& DP. AIN iNC.
P. O. E0X 484 COMPANY
NESCONSET NY 11767 I D
covERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY ReQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
~,,,'C~O~Ii TYPE OF iNSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE I LIMITS
(MM/DDfVY)
'
A 08/05/00
!C IMSMADE OCDDR[
BiZ80569
I SENERALAGGREGATE IS 2,000,000o
o8/os/oi ~F~o~uc~s c- JP;O~G I~ 2, ooo, ooo.
PERSONAL&ADVINJURY ~$ 1,000,000.
I E~CH OCCURRENCE $ 1, 000, 000 .
! FIREDAMAGE(Anyonefir~e) IS 500, 000.
I MHD EXP (Any one person) $ 10, 000.
i COMB,NED SINGLE UMIT !$
09/23/99 09/23/00
:i !ALL OWNED AUTOS
/ ! NON'DWNEDAUTOS
I ~ I
GARAGE LIABILITY
/ I ANYAUTO
EXCESS LJABILITY
IjiUMBRELLA FORM
I OTHER THAN UMSRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' [ lABILITY
TEE PROPRIETO~d
OTHER
I ~ NCLI WCZS0569
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL iTEMS
o8/o5/ooI
o8/os/o1
BOOILYINJURY I $ 1,000,000.
(Per person)
(Per accidem)
I PROPERTY DAMAGE
AUTO ONLY - EA ACCIDENT $
CHOCCURSOTG^TE'
I WC STATU- OTH-
~T(~R-Y LIMIT~ I
EL EACH ACCIDENT ! $ 100,000 ·
00,000.
~EL DISEASE- EA EMPLOYEE i $100,000.
SOUTHOL
TOWN CE SOUTHOLD
53095 HAIN RD
SOUTHOLD NY 11971
PROPOSAL
TOWN OFSOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: AtJGUST I0, 2000
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 750,000 gallons of scavenger waste to an approved disposal location for
a contract period between S:elStember 1,~ 2000 to December 31, 2000.
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 sdavenger waste to an approved disposal location for
a twelve (12) month contract period between January 1, 2001 to December 31, 2001. The Town will
notify the contractor within the 90 day period prior to expkation of Item 1 if it will select this ~,
alternate bid.
TOTAL .~, ! -"~--5~--./5 t~ O ,d-3(2~ DOLLARS
10
PROPOSAL
TOWN OFSOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: AUGUST ?~, 2000
TIME: 10:00 A.M.
ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION,
FACILITY
FACILITY
FACILITY CONTACT
FACILITY CONTACT PHONE
TOTAL BID (SUM OF ITEMS 1 AND 2)
DOLLARS
Unit prices bid per gallon shall be used as additions or deductions based on the a~ual
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 contractoffs
stated unit pdc~ are evaluated as unreasonable.
The Town also reserves the fight to void this contract after fiReen days notice.
II
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: AUGUST 10. 2000
TIME: 10:00 A.M.
THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING
ADDENDA (~F ANY):
ADDENDUM NO.
DATED
11767
FEDERAL ID NO. OR
T~.EP~ONE No: susn,~ss:'~%(~o EMEROENC¥: (/g~) 5-~-~
13
PROPOSAL
Enclose certified check or bid bond for five hundred dollars as stipulated inthe 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 ~
BUSINESS ~D~SS OF .
DASD AT:
¢* OF , 2000.
14
PROPOSAL
NON-COLLUSIVEBIDDING CERT~ICATE
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 or
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: August .~_~2000.
Respectfully submitted,
SIG~D~ ~.
BY: ~~'
15
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 &the work under this Contract, nor assign
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 tht~r hanfits and seals the day and year
first above written. ~//ff~,c ~
SCAV.DOC
CONTRACT
CONTRACT 1N QUADRIPARTITE FOR REMOVAL. TRANSPORTATION AND DISPOSAL
OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY AT
SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated ~/0jt ,2000, BY
TOWN
OF
AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,
NEW YORK, acting for and in behalf of the TOWN OE SOUTHOLD (herein called the TOWN),
and "'~"~[~3 [,~ ~6/~_ (~*~f,t;~..) 1. (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 9 il/00 TO 12/31/00 and if required by the Town, Items: '2 -
SCAVENGER WASTE REMOVAL AND TRANSPORT TO AND DISPOSAL AT AN
APPROVED DISPOSAL LOCATION 1/1/01 TO 12/31/01 for the sum of: ~ ~)~) PER
THOUSAND GALLONS ($ '~ /1000 GALLONS) DOLLARS for the unit md/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 wiih
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.
.28¸
2
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 ora
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):
FIRM NAME:
ADDRESS:
PHONE NO, : Aug. 07 2B9~ 12:,45PM PI
' CSR nS 08/07/00
aCORn.. CERTIFICATE OF LIABILITY INS.URANCE~,.,,,,.,
THIS CERTIFICATE IS ISSUED AS A ~ER OF INFORMATION
ONLY AND CON'RS NO RIGHT5 ~N THE CERTIFICATE
~. O*~R~ AG~C~ [~C. HOLDER, THI$CERTIFI~TE~ESNOTAMEND, EXTENDOR
~0~ ~ ALTER THE COVE~GE AFF~DED BY THE POLICIES BELOW
~Z~TON ~ 11743 COMPANIESAFFOROINGCOV~GE
D~X ~C. c
~c~u~ ~8~5~ OB/05/O0 0~/05/01 [~,~zs-~ sA,OO0,O00.
~&~~ ~ ~ [~.~000~ 000.
~Y~TO B1~80569 0~/23/99 09/23/00
53095 ~ZN ~
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTI/,AR 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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 7, 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Bruce D. Mulvey
Earth Care of New York
d/b/a RGM Liquid Waste Removal
972 Nicholl's Road
Deer Park, New York 11729
Dear Mr. Mulvey:
Please be advised that the Southold Town Board at their regular
meeting held on August 29, 2000 accepted the bid of Island Wide Sewer S
Drain, Inc. for the Removal, Transportation and Disposal of Scavenger
Waste from the Southold Town Scavenger Waste Treatment Facility. A
certified copy of this resolution is enclosed. Also enclosed is your
original Bid Bond which you submitted with your bid.
Thank you for submitting your bid.
Very truly yours,
Southold Town Clerk
Enclosure
State of New York
[NSUt~NCE D~PA~TMENT
VfHtiREAS IT APPEARS THAT
Gulf Insurance Company
Home Office Address
St. Louis, Missouri
Organized under the L~ws of Missouri
has complied width the necessary requirements of or pursuant to law, it is hereby
licensed to do within this State the business of
accident and health, fire, miscellaneous property, water damage, burglary and theft, glass, boiler and
machinery, elevator, animal, collision, personal injury liability, property damage liability, workers'
compensation and employers' liability, fidelity and surety, credit, motor vehicle and aircraft physical
damage, marind and inland marine, marine protection and indemnity, residual value, service contract
reimbursement, and legal services insurance, as specified in paragraph(s) 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 19, 20, 21, 22, 28, and 29 of Section 1113(a) of the New York Insurance Law, and
also such workers' compensation insurance as may be incident to coverages contemplated under
paragraphs 20 and 21 of'Section I 113(a), including insurances described in the Longshoremen's and
Harbor Workers' Compensation Act (Public Law No. 803, 69 Cong. as amended; 33 USC Section 901 et
seq. as amended) to the extent permitted by certified copy of its charter document on file in this
Department until July 1,2001.
· n Witness Whereof, 3~ have hereunto set
my hand and affixed the official seal of this
Dep~rtment at the City of'Albany, New York, this
1st day of July, 2000
Neil D. Levin
Superintendent of Insurance
Special Deputy Superintendent
1GULF INSURANCE COt"dPANY
NANCIAL STATEMENT
.AS OF DECEMBER 31, 1999
ASSETS
Bo~ds $ 556.330,777
Stock 224,699,341
Collatem! Loans
Agents Balances or Uocollected
P;emiums (44,776~.79)
Funds Held by or Deposiled
with Rei~ured Compaeies 197.026
Paymeef~ 95,572,471
Receh,-able from Parent.
LIAJ~ILFTiES
Resewe for Losses and Loss F.~nse
Reserve 1or Unearned P,'emiums
Recede for expenses, Taxes,
Licenses end Fees
Rase;Ye for Unautho~ed Reinsurance
Funds Held Under Reinsurance
Treaties
Payable to Parent, Subsidiaries
Surplus
$ 321,083,006
19,197,327
9,834,270
18,892,735
6,230,039
$ 913,527,708
6,500,000
338.775.601
$ 345.275.601
$ 559,103,310
Bonds and at~x:ks are valued in accordance wflh the bas~s adopted by the National Association of
Insurance Commlss[oners (NARC).
Securities can;ed al $19.657,579 in the above Statement are deposited as requJrnd by law.
CERTIFICATE
Sharo~ E. Seab~t, Assistant Controller end Wayne R. Zachary. Jr., Assistant Treasurer of the
Gull ]~sumnce Company being du~/sworn say that Ihey are Ihe above described officers of Ihe said
~.ompa ny end that on the 31 st day of December, 1999 the Company was actuatly possessed of the assets
ret fo~lh in the fo~'egoing statement and that such assets were avatiable for the payment of losses and
claims and bald for the protection of its polic'yflolders and creditors, except as hereinbefore
and belief, respo~ivef~.
Assistant
Controller
TreasUrer
State of Texas
County of Dallas
On the ;~ st day of March. 2000, before me came the above named officers of the Gulf Insurance
AI6159430
Bond No.:
Bid Bond
EarthCare Company of New York
KNOW ALL MEN BYTHESE PRESENTSthatwe DBA RGM Liquid Waste Removal
GuI~ Insurance Company, 10055 Sweet Valley Drive, Valley View, OH 44125
, the Principal, and
the Surety, are hereby bound unto Tov. m Of $oa~old, 53095 M~n Road, Saathold, NY lt971 , the Obliges,
in the pan~- sum o1' Five Ilandred A]t(i 00~00******* *** ** **** *********************** C)olJars ($ 500.**************,. ) for the payment of which'
we bind ourseives~ our heirs, executors, administrators, successors, and assigns, jointly and ssveraify, oy these presents.
W .WI;[JEREAS, ihs P. ri~cipal i~ ~.erew[h s.u, br9 ~i~ng a, bi~ or proposal for, _.
asr~ transpor£ aha D/sposat [rom ~ouinola was[e [reatment Facility
NOW, THEREFORE. the condition of this obligation is that if the Principal shall be awarded the contract and the Obliges shall so
notify the Surety, and if within the period specified in the contract, or if no period be specified, within twenty (20) days after the Principal's
receipt of notice of award, th e Principal enters into a contract and gives bond for the faithful performance of the contract, then this obligation
sha~l be mull and void; otherwise, the Principal and the Surety will pay to the Obliges the difference between the Principal's bid and the next
lowest bid; or in the event the Obliges does not award the contract and resubmits the project for bidding, the Principal and the Surety w~l
pay the Obliges an amount equalto the costs of the reeubmission including the printing of new contract documeats, and advertising, printing,
and mailing notices to prospective bidders; but in no event shall the liebil~ hereunder exceed the penal sum hereof; nor shall the Surety
be obligated to give bond for performance.
If the Obliges makes no award within ninety (90) days of the execution date hereof, then this bond shall be null and void unless
extended by written consent of Surety.
No liability of the Surety shall arise hereunder unless and until the Ob~gee delivers written notice of a-claim to the Surety within
fifteen (15} days after the alleged breach giving rise to such claim; and no suit underthis bond by or for the banef~ of the Obliges may be
instituted'sooner than thirty (30} days or later than ninety (90} days after the ~urety receives such notice.
Signed, sealed and executed this 10th day of_ August~ 2000
EarthCare Company of New York
DBA RGM Liquid Waste Reanova]
~
t
Witness: ~'~. ,,
Guff Insurance Company
Su ty .
lCathleen ] '~Pl:iee At'°may'In'Fact
101 (1/89)
GULF INSURANCE COMFY
ST. LOUIS, MISSOURI
POWER OF ATTORNEY
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE
SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE
SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN
CONJUNCTION WITH THE ORIGINAL,
KNOWN ALL MEN BY THESE PRESENTS: That the Gulf lnstuance Com-
pany, a corporation duly o~anized under the laws of the State of Missouri. having
pnncipal office m the city of Irving, Texas, pursuant to the following resolation.
adopted by the Finance & Executive Committee of the Board of Directors of the said
Company on the 10th day of August. 1993. to wit:
"RESOLVED. that the President, Executive Vice President or an3 Senior Vice
President of the Compan) shall have authority to make. execute and deliver a Power
of Attorney consututthg as Attorney-in-Fact. such persons, firms, or corporauons as
ma) be selected~from time to time;,and any such ~ttorney-m~Fact may be removed
and the authority granted~him revoked by tbe Pr¢$ident~ or a Executive Vice
President, or aoy 'Sehior ~Vice President, or by ihe'Bp~rd bf ~'e~ors or by th~
Finance and Executive Commlttee Of the Board of Dire~tbrs.
· 1' - .I~ESOLVED; ~hat noising iD,this Power q~At~mey zbell be co~rued as a grant
' of authority ~ ~ att0m~y(~)0n~fact t~ sigp, execute, ~c~c~o_ w[e~g¢, deft t;er or om r~
~ crwia~ i~-~e a IR~cy or poliCtts Of las~ance on behalf id Gulf hsun~Jce Co~ngany
I: :- RF.,SOL'V~D !~ia[ th~:sign~hi6 c~ P'~s~dehtv. Ex~ehCt,~ Rige Pre~dfilt dr
any,Senior Vicq,~e~i(~enL~an~ ~ ~al~O~ ~eCbthp~il~ m~ ~ affix t~ an such
PtW~r orAtto/fi~y?r:fiay ccrt~l~¢~¢ ~t~t~ tl~V~9~t 7f'ad~fi~ile;:-~dnd a~ such
po3,? so ~._x~.,~ ~nd _e.~rtifiet~jby~ ga~imil~!sig~a~re~afid facstmil~'s~al shall be
vali,¢ and bifidh~t~. ~pon the,~fip~y~:in %~Tut~,t~ ~c~s~l~cx'td ~any b0hd:
, ,doeu..m, guis ~el~xjng~ ~u~hIb~u~lslto ~hie{i thqy-~lre/mLt~hb~L ,,~: . - ,s --
~:Gulf insurance Comb~my floes ber66Y ~n~,~ ~n~ti~t~' ~nd 'a~o lit -
BOND 61 9430
NUMBER Al
NAME ADDRESS
PRINCIPAL: CITY, STATE, ZIP
EarthCare Company of New York DBA
RGM Liquid Waste Removal
972 Nicolls Road
Deer Park, New York 11729
EFFECTIVE DATE
ds ~e and lawftal at~orney(s/ln4aet, w~t~ full power aqd authority hereby 9onfenred ~fl tts name, place and stead, to raga, exccflte ac~nowlbaJge anti delfVeran its
, be. halL ~ surety, any and~a I bonCt~ and undertaking~ ~0f-sim~yship; ~ t¢~ bind Gutf I~sura~ Ctmpany th~-?~by a~ fillly ~d t~jthe sortie extent as
takings and document& relating to sqch bonds and~or'lindertakings were signed b)~ the duly authorized officer of tile Gu f I~s~rance Compaq) and all the
attomey(s)-in-faet pursuant to the a~thority hexeih given a~e hereby ratified and cOnfirnled
The 6bhgnQon of the Company shall, not e~c,~ three mllhon (3,0~,000) dollars
be h~a'et~,a~.
-<
GULF INSURANCE COMPANY ~ t;~>-~ '
SENDER:
D Complete items I and/or 2 for additional sen~ices
Complete items 3, 4a, and 4b
E3 ~rint your name and address on the reverse of this form so that we can return this
card to you
D Attach this lorm to the front of the mailpiece, or on the back if space does
permit
E~ ~r[te 'Return Receipt Requested" on the mai~piece below the ar[icle number
D The Relum Receipt will show to whom the arlicle was delivered and the date
i also wish to receive the follow-
ing services (for an extra fee):
1. [] Addressee's Address
2. [] Restricted Delivery
3. Artide Addressed 1o:
Bruce D. Mulvey
Earth Care of New York
d/ba RGM Liquid Waste Rem.
972 Nicholl's Road
Deer Park, NY 11729
5, Rec,efv~e¢/By: (P#nt Name)
6, S~-~g ;~ure i~/ddrossoo ?r/Ageht)
4a. Adicfe Number
~[~000 0600 0029 3056 1227
4b. Service Type
I~b~egistered
I [] Express Mail
[] insured
[] Return Rece~o/'~rchandise ~]COD
7. Date of D~(~
8. Addresse¢~ddress (Only if requested and
fee is pai~ !
-- PS Forn~ 3811, December 1994
102595-99-B-0223 Domestic Return Receipt
Esrth Care of New York
~l~l~q~oEiqfi~d W~t~ P,~ra6~i
~ 'De~r Park, NY 11792
$25.00 Non-Refundable Fee for Specifications
INVITATION TO BIDDERS
FOR
SCAVENGER WASTE TREATMENT FACILITY
WASTE TRANSPORT AND DISPOSAI~
BID OPENING: 10:00 A.M., THURSDAY, AUGUST 10, 2000
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,
August 10, 2000 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
referenced specifications, may be seen at or
the Town Clerk, 53095 Main Road, Southold,
A.M., on Thursday, July 27, 2000.
specifications. The above
procured from the office of
New York 11971, after 10:00
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: July 2ti, 2000
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JULY 27, 2000, AND FORWARD ONE
OF PUBLICATION TO ELIZABETH A. NEVILLE, 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
Town Clerk's Bulletin Board
(1) AFFIDAVIT
CLERK, TOWN
INDEX
TOWN OF SOUTHOLD
CONTRACT
REMOVAL, TRANSPORTATION AND DISPOSAL
OF SCAVENGER WASTE FROM THE
SCAVENGER WASTE TREATMENT FACILITY
Page Number
INDEX PAGE 1
NOTICE TO BIDDERS 2
INSTRUCTIONS FOR BIDDERS/WAGE RATES 3 - 7
QUALIFICATIONS OF BIDDER 8
PROPOSAL 9- 16
BUILDER'S RISK INSURANCE 17
GENERAL CONDITIONS 18 - 24
SECTION 13219 - SCAVENGER WASTE REMOVAL,
TRANSPORTATION AND DISPOSAL 25 - 27
CONTRACT ~. 28 - 41
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 themame and address of the bidder. Bids may be forwarded by mail atthe 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~prescfibed 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
3
INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D)
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.
6. BIDDERS TO CHECK APPROXIMATE QUANTITIES
Bidders must satisfi] themselves by personal examination of the location of the proposed
work, and by such other means as they~nay 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 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.
4
INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D)
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 bid?, 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 Contra~t 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 witha
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 prerquisite to entering into a contract for this work, and
failure to provide such a bond will result in forfeiture of the bid bond.
PROPOSAL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: AUGUST I0, 2000
TIME: I0:00 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 Ts0,000 gallons of scavenger waste to an approved disposal location for
a contract period between $:elStember li 2000 to December 31, 2000.
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 se/avenger waste to an approved disposal location for
a twelve (12) month contract period between January 1, 2001 to December 3 I, 2001. The Town will
notify the contractor within the 90 day period prior to expiration of Item 1 if it will select this
alternate bid.
10
PROPOSAL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: ^UGIJST ¥.0, 2000
TIME: 10:00 A.M.
ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION,
FACILITY
FACILITY
FACILITY CONTACT
FACILITY COmACT PHO~
sTP,
TOTAL BID (SLqVI OF ITEMS 1 AND 2)
U~t pfi~s bid per g~lon shall be used as ~dditions or d~uetions based on the actual
quantity of s~venger w~te removed ~d disposed oE Work must ~enee ~tNn five (5)
~nseeufive e~end~ days ~er notice to proo~d.
The To~ hereby rese~es tM right to select the Total Bid or reject ~ bid if~ ~ntr~eto~s
stated u~t pfi~s ~e evfluated ~ u~o~ble.
The To~ ~lso rese~es the figN to void tNs ~ntraet ~er fi~n days noti~.
11
THE CONTRACT PERIOD WILL BE FOR A PERIOD OF~REE (3) MONTHS UNDER
ITEM 1, A PERIOD OF TWELVE (12) MONTHS UNDER THE ALTERNATE BED ITEM 2,
AND A PERIOD OF F~I'EEI~ (15) 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 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 OF25% OF THE TOTAL BED 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: AUGUST 10, 2000
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
13
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):
F~ N~:
~D~SS:
PROPOSAL
Enclose certified check or bid bond for five hundred dollars as stipulated inthe 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:
NAIVlE
ADDRESS
BIDDER
BUSINESS ADDRESS OF,.
j~ DATED AT:
~0~F THE 3 DAYOF ,2000.
14
PROPOSAL
T~O 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 malting 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 &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 &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
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. QUAL~ICATION 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 attache! 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 atter 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 thereaRer so long as he has not been notified of the
· acceptance ofhis 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.
5
If this bidder cannot make the foregoing certification,
setting forth in detail the reasons therefor.
Indicate if statement is attached:
a statement signed by the bidder is attached
16
BUILDERS RISK INSURANCE~ INDEMNITY, LIMITATION OF 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 fi.om 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 Fitty Thousand Dollars ($50,000.), or 5% of the contract
award amount, whichever is greater.
17
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 provisions 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
Spedfications 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.
18
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 t~ot denoted in the Specifications,
either dkectly or indirectly, but which is necessary for the proper can3,ing 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 ddineated 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. Th~Engineer shall.be the sole judge as to whether ~uch work
was intended as part of the Contract or is in addition thereto.
19
GENERAL CONDITIONS (CONT'D.)
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, 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.
20
GENERAL CONDITIONS (CONTD.)
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.
I0.0 - 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
21
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 requkements 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 negiigence 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.
22
GENERAL CONDITIONS (CONT'D.)
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 any one 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 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 Spec'ffications 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.
23
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
A. 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 duration of the contract.
B. Permits for transport through other states to the disposal location shall also be
maintained.
C. 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
A. 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
~;pplicable 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.
B. 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.
C. Within seven (7) ~lays of contract execution and at least forty-eight (48) hours
b~efore 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 of the disposal facility, EPA and/or State fa~'dity identification number,
SPDES/NPDES permit, and supervisors name and telephone number. Should the Contractor change
the proposed disposal location, submittal of the above required information for the new location
25
SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL
(CONT'D)
shall be made to the Owner prior to removal of scavenger waste.
PART 2 - PRODUCTS
NOT USED
PART 3 - EXECUTION
3.1 - REMOVAL OF SCAVENGER WASTE
A. 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.
B. 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 tanl~ approximately two feet above grade. Provide a system of
pumps and hoses to remove scavenger waste from the tanks into transportation
vehicles.
C, The Contractor will be required to certify with the~Scavenge~r 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 dean site tube
on the side of the vehicle, at the discretion of the Owner.
D. Scavenger waste includes sand, gravel, supernatant, grit, scum, and other products of
biodegradation from residential and commercial sanitary wastewater systems.
E. The Contractor shall employ whatever means are necessary to remove scavenger
waste. These iticlude:
26
SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL
(CONT'D)
a. pumping;
b. vacuum pumping; and
c. other acceptable methods as required.
F. 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 tra~.sport 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 was/e 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
27
CONTRACT
CONTRACT IN QUADtL[PARTITE FOR REMOVAL. TRANSPORTATION AND DISPOSAL
OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY AT
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated ~ 2000, BY
AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,
NEW YORK, acting for and in behalf of the TOWIg 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 9~1/00 TO 12/31/00 and if required by the Town, Items: 2
SCAVENGER WASTE REMOVAL AND, TRANSPORT TO AND DISPOSAL AT AN.
APPROVED DISPOSAL LOCATION 1/1/01 TO 12/31/01 for the sum of: PER
THOUSAND GALLONS ($. /I000 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 DEFI2qITIONS
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 mercer, limit or cast light upon the interpretation of the provisions to which they refer.
.28¸
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, 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, orat the last known business address
of, the person, finn 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. REOUIRED. APPROVED. ACCEPTABLE: Whenever they refer to the work, or its
performance, "directed", "required", "permitted'P, "ordered", "designated", "prescribed", and words
of like import shall imply the direction, requkement, 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 appli6able Plans, Specifications and Addenda prepared
by the Engineer and/or required by and in strict accordance with, such chang.es as are ordered and
approved pursuant to this Contract, and will perform all other obligations imposed on him by the
Contract.
29
3. COMPENSATION TO BE PAID TO THE CONTRACTOR
A. 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.
B. 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. Ihe 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. TIIVI~ OF ESSENCE
Inasmuch as the provisions of this Contract relating to the tune 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,
2000 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.
3o
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 hereinatier 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 oftha bid bond.
9. CONTKACTOR'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: c
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.
A. Compensation Insurance - The Contractor shall take out and maintain, during the life of
this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the
project, and in any case of any of the work being sublet, the Contractor shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by the Contractor.
B. Public Liability and Property Damage Insurance - The Contractor shall take out and
maintain during the life of this Contract such Public Liabih'ty 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 any one directly or indirectly employed by either of them, and the amounts of
such insurance shall be as follows:
(I) Public Liability Insurance in the amount not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to
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) Property Damage Insurance in an amount not less than ONE HIJNDRED
THOUSAND DOLLARS ($100,000.) for damages on account of any one accident
and in an amount of not less than TWO HIJNDRED THOUSAND DOLLARS
($200,000.) for damages on account of all accidents.
C. 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.
D. 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
SoLrrHOLD as OWNER, providing for a limit of not less than FIVE HUNDRED THOUSAND
DOLLARS (S500,000.) for all damages arising out of bodily injures 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 any one accident; and
regular Protective Property Danmge Insurance providing for a limit of not less than ONE
32
HUNDRED THOUSAND DOLLARS ($100,000.) for all damages arising out of injury to, or
destruction of, property in any one 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~iuring 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 therefrom, by means of its own employees or agents, or if the
TOWN directs or supervises the work
to be performed by the Contractor.
E. 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 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 thereunder. 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.
33
l 1. COMPLIANCE WITH LABOR AND PENAL LAWS
The Contractor hereby expressly agrees to comply with ail 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
any one 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 ~thin 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 Or 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 subcon-
tractor 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
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 ora false oath
or verification.
Section 22OD 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 canqSe 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
not less often than once each week.
13. PAYMENTS
A. 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. r~
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 in
35
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 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 ar~cordance 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 fi.om any damage and shall replace or make good any such damage, loss or injury
unless such be caused directly by errors contained in the contrac~,~doeuments, 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
36
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:
A. 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
B. 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
C. 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
D. 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 fac'flities 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.
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:
A. 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
C. 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 s, ueh manner as the TOWN may deem..~
proper to satisfy such claims or to secure such protection. Such application of suoh money
shall be deemed payments for the account of the Contractor.
23. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
A. The Contractor shall file for any form of bankruptcy relief or make an assignment
for the benefit of creditors; or
B. 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
D. 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 ail 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 shail be stopped by order of the Court or any public authority, Federai 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, materiai men, or subcontractors, the Contractor may, upon ten (10)
days notice to the TOWN, discontinue his performance of the work and/or terminate the COntr/tct.
If the Contract is terminated by the Contractor, the liability of the TOWN to the Contractor
shail be for all work executed and for any proven loss sustained upon any materiais, 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 shail be remaved 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 partiai payment made thereon. It
is fully understood by the Contractor that the inspection of the work shail not relieve him of any
obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of
39¸
any work by the Engineer at or before the time ora 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:
A. To take every precaution against injury to persons or damages to property;
B. 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;
C. 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 thereai~er 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 s.nd expense.
29. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
4O
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 o_r
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
firstabovewritten. ~~~~/~v ,
SCAVENGER
DISPOSAL
Bid Opening:
WASTE TREATMENT FACILITY - WASTE TRANSPORT AND
$25.00 NON-REFUNDABLE FEE
Thursday. August 10, 2000 - 10:00 A.M.
811100
8/10
1. Earth Care, 972 Nicolls Rd., Deer Park, NY 11729
631-586-0002 Attn: Steve Plofker
2. Island Wide Cesspool & Drain, Inc., PO Box 484, Nesconset NY
765-6300
11767
o
o
10.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF 1NFOILMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FAX TRANSMITTAL
TO:
FROM:
RE:
DATE:
JOHN ROMANELLI
BETTY NEVILLE
ELECTRO ENVIRONMENTAL TECHNOLOGIES,
8/11/00
INC.
Number of Pages (including cover) 2
If total transmission is not received, please call 631 765-1800.
COMMENTS:
JOHN:
I just received this by FEDEX.
I thought you should see it right away.
TRI-STATE
EMPLOYMENT
SERVICES,
INC.
August 10, 2000
Re: Electro Environmental Technologies, Inc.
Dear Sir or Madam:
This is to advise you that pursuant to certain defaults under the Client Service Agreement
entered into by and between Tri State Employment Service, Inc. and Electro Environmental
Technologies, Inc. ("Electro") dated February, 1999, Tri State shall be collecting all accounts
receivable owing to Electro.
Accordingly, this is to provide you with notice pursuant to Section 9-318 of the Uniform
Commercial Code that as of this date all remittances on invoices rendered to you by Electro shall
be due and payable to:
Tri State Employment Service, Inc.
160 Broadway 15th floor
New York, N.Y. 10038
Attn: Mr. Robert Cassera
You are further advised that any payments hereafter made by you to any party other than
Tri State may not relieve you of your obligations to pay Tri State.
Very truly yours,
TRI STATEMENT
BY: " _~
Robert Cassera
President
SERVICE, INC.
160 Broadway · 15th Floor · New York, NY 10038 · Tel: (212) 346-7960 · Fax: (212) 964-7457
................................................................................ TP~qNsMISSIONRESULT REPORT .................... (AUG 04 '00 10:51AM)
I SOUT?~D TOWM HALL 516 765 18~3
............................................................................................ , ................................................... ~ ................................ (AUTO) ......................
DATE START REMOTE TERMIMAL TIME RE- MODE TOTAL PERSOMAL LABEL FILE
TIME IDENTIFICATION SULTS PACES MO.
RUG 04 10:50~q 4674731 ~'~8" OK ES 01 003
E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL ~)BATCH
D)DETAIL $)TRAMSFER
F)FIME P)POLLIMG
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTBAR 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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
July 2u,, 2000
island Wide
Post Office Box [tSt[
Nesconset, New York
11767
Attention: Dave
Dear Dave:
At the direction of Southold Town Councilman John Romanelll, I am
enclosing a set of specifications for the Scavenger Waste Treatment Facility
Waste Transport and Disposal. There is a $25.00 non-refundable fee due.
Please remit this amount directly to me at Post Office Box 1179, Southold,
New York 11971 at your earliest convenience. Your bid must be submitted
no later than 10:00 a.m., Thursday, August 10, 2000, at which time all
bids will be opened and read aloud publicly. I look forward to receiving
your bid at that time. Should you have any questions, you may call
Councilman Romanelll directly at 765-3767 or myself at 765-1800.
Very truly yours,
Elizabeth A. N~
Southold Town Clerk
Enclosure
cc: Councilman Romanelli
$25.00 Non-Refundable Fee for Specifications
INVITATION TO BIDDERS
FOR
SCAVENGER WASTE TREATMENT FACILITY
WASTE TRANSPORT AND DISPOSAL
BID OPENING: 10:00 A.M., THURSDAY~ AUGUST 10, 2000
LEGAL NOTICE
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids wiU 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,
August 10, 2000 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, after 10:00
A.M., on Thursday, July 27, 2000.
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: July 21~, 2000
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JULY 27, 2000, 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
Town Clerkls Bulletin Board
INDEX
TOWN OF SOUTHOLD
CONTRACT
REMOVAL, TRANSPORTATION AND DISPOSAL
OF SCAVENGER WASTE FROM THE
SCAVENGER WASTE TREATMENT FACILITY
Page Number
INDEX PAGE 1
NOTICE TO BIDDERS 2
INSTRUCTIONS FOR BIDDERS/WAGE RATES 3 - 7
QUALIFICATIONS OF BIDDER 8
PROPOSAL 9 - 16
BUILDER'S RISK INSURANCE 17
GENERAL CONDITIONS 18 - 24
SECTION 13219 - SCAVENGER WASTE REMOVAL,
TRANSPORTATION AND DISPOSAL 25 - 27
CONTRACT 28 - 41
INSTRUCTIONS TO BIDDERS/WAGE RATES
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 themame 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 ~he
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
thereofi 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
INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D)
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.
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 requkements 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 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, satisfacto~g 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; fa'flure 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.
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 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 sectlrity 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.
5
INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D)
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.
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 witha
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 prerquisite 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 ora
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):
FIRlVl NAME:
ADDRESS:
SIGNED BY:
TITLE:
PROPOSAL
T,O 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 OFSOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: AHGDST 10, 2000
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 750,000 gallons of scavenger waste to an approved disposal location for
acontractpefiodbetween September 1, 2000 to December 31, 2000.
PRICE PER GALLON
DOLLARS
TOTAL DOLLARS
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 sdavenger waste to an approved disposal location for
a twelve (12) month contract period between January 1, 2001 to December 31, 2001. The Town will
notify the contractor within the 90 day period prior to expiration of Item 1 if it will select this
alternate bid.
PRICE PER GALLON
DOLLARS
TOTAL DOLLARS
10
PROPOSAL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: AUGUST TO, 2000
TIME: 10:00 A.M.
ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION,
FACILITY
FACILITY
ADDRESS:
FACILITY CONTACT
PERSON:
FACILITY CONTACT PHONE
NLrMBER:
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 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.
11
THE CONTRACT PERIOD WILL BE FOR A PERIOD O]:xmO~E (3) MONTHS UNDER
ITEM 1, A PERIOD OF TWELVE (12) MONTHS UNDER THE ALTERNATE BID ITEM 2,
AND A PERIOD OF F~EI~ (15) 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 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 OF25% 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: AtJGIJST 10, 2000
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 inthe 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
BUSINESS ADDRESS OF .
BIDDER:
DATED AT:
__THE __ DAY OF ,2000.
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)
(b)
(c)
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 or
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
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: August __,2000.
Respectfully submitted,
FIRIVl
NAME:
FIRM ADDRESS:
SIGNED
BY:
TITLE:
15
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:
16
BUILDERS RISK INSURANCE, INDEMNITY~ LIMITATION OF 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.
17
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 provisions 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.
18
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 ~ot denoted in the Specifications,
either directly or indirectly, but which is necessary for the 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 shallbe the sole judge as to whether such work
was intended as part of the Contract or is in addition thereto.
19
GENERAL CONDITIONS (CONTD.)
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-requked 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, 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.
20
GENERAL CONDITIONS (CONT'D.)
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 mediately. 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
21
GENERAL CONDITIONS (CONTD.)
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 - NOTEFICATION. 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.
Ail 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.
22
GENERAL CONDITIONS (CONT'D.)
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 any one 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 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 Spec'tfications 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.
23
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
A. 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 duration of the contract.
B. Permits for transport through other states to the disposal location shall also be
maintained.
C. Obtain ail locai, county and state permits, and ail fees associated with the removai,
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 ailowed 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
A. 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.
B. If transfer stations and temporary storage facilities are utilized prior to disposal, or
if additionai treatment or processing is performed prior to the disposal, the Contractor shall furnish
copies of the appropriate permits for such facilities.
C. Within seven (7) ~lays 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 disposai facility has been identified, and that the facility is being operated in accordance
with ail applicable regulations. The information shail be submitted in writing and include name,
location and address 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
25
SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL
(CONT'D)
shall be made to the Owner prior to removal of scavenger waste.
PART 2 - PRODUCTS
NOT USED
PART 3 - EXECUTION
3.1 - REMOVAL OF SCAVENGER WASTE
A. 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.
B. 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.
C. 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.
D. Scavenger waste includes sand, gravel, supematant, grit, scum, and other products of
biodegradation from residential and commercial sanitary wastewater systems.
E. The Contractor shall employ whatever means are necessary to remove scavenger
waste. These include:
26
SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL
(CONT'D)
a. pumping;
b. vacuum pumping; and
c. other acceptable methods as required.
F. 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 lo'cation 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 wasie disposal; amount of scavenger waste disposed ot~ 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
27
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 ,2000, 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 9 tl/00 TO 12/31/00 and if required by the Town, Items: 2 -
SCAVENGER WASTE REMOVAL AND TRANSPORT TO AND DISPOSAL AT AN
APPROVED DISPOSAL LOCATION 1/1/01 TO 12/31/01 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. 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 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.
.28¸
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, finn, 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 chang.es as are ordered and
approved pursuant to this Contract, and will perform all other obligations imposed on him by the
Contract.
29
3. COMPENSATION TO BE PAID TO THE CONTRACTOR
A. 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.
B. 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.lhe 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,
2000 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.
3O
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 fight 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.
A. Compensation Insurance - The Contractor shall take out and maintain, during the life of
this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the
project, and in any case of any of the work being sublet, the Contractor shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by the Contractor.
B. 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 any one 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
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) 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.
C. Liability and Property Damage Insurance - The above policies for public liability and
property damage insurance must be so written as to include Contractors Protective Liability and
Property Damage Insurance to protect the Contractor against claims arising from the operations of
any subcontractor.
D. 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 (S500,000.) 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 any one accident; and
regular Protective Property Damage Insurance providing for a limit of not less than ONE
32
HUNDRED THOUSAND DOLLARS ($100,000.) for all damages arising out of injury to, or
destruction of, property in any one 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 therefrom, by means of its own employees or agents, or if the
TOWN directs or supervises the work
to be performed by the Contractor.
E. Automobile Public Liability and Property Damage Insurance - The Contractor shall take
out and maintain dr!ring 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 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 thereunder. 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 ail 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
any one 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 ora contract for a public improvement,
it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the
Contractor and each and eve~ 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 subcon-
tractor 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 ora false oath
or verification.
Section 22OD 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 BDDERS.
12. PAY1VflSNT 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
not less often than once each week.
13. PAYMENTS
A. MontNy: 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
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 in
35
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 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 ail 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 contrac},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:
A. 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
B. 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
C. 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
D. That he has carefully examined the Plans, Specifications, and the site of the work, and that
fi.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
37
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.
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:
A. 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
C. 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 TOWlXPS RIGHT TO STOP WORK OR TERMINATE CONTRACT
38
A. The Contractor shall file for any form of bankruptcy relief or make an assignment
for the benefit of creditors; or
B. 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
D. 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 Contr~ict.
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:
A. To take every precaution against injury to persons or damages to property;
B. 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;
C. 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
4O
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 conseht 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.
SCAV.DOC
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 SECUKITY
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 mrety 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 bid's, 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 secul'ity 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.
24/07 '00 M0N 20:36 FAX 516 765 6146 SOUTROLD CLERK ~001
TX/RX NO
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*** MULTI TX/RX REPORT ***
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1564
[* 1512449576
[* 16118005243329
[* 17118882329941
[* 18118002582984
[* 32]18009620544
Brown's Letters
Burrelle's Info
Data Construct
Dodge Reports
Construct. Info,
ELIZABETH A. NEVILLE
TOVfN CLERK
REGISIi'RA~ OF VITAL STATISTICS
~RIAGE OFFICER
ITECOP. DS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P,O. Box 1179
Southold, New York 11971
Fax (531) 765~6145
Telephone (631) 766-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FAX TRANSMITTAL
TO:
FROM:
DATE:
RE:
CONSTRUCTION INFO ~ 800 962-05~ie.
DODGE REPORTS 293-S~,$6
BROWNS'S LETTERS 2~-9576
BURRELLE'S INFO - 8O0 52~-3329
DATA CONSTRUCTION 888 232-99~1
BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-61q5
7/2q100
"BIDS" ADVERTISEMENT/PUBLICATION
Number of Pages (including cover): 2
If total transmittal is not received, please call 631 765-1800.
COMMENTS:
PLEASE PUBLISH THE FOLLOWING DESCRIBED BID IN YOUR PUBLICATION AT YOUR
EARLIEST CONVENIENCE:
"Scavenger Waste Treatment Facility -
Waste Transport F. Disposal
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFF1CER
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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
FAX TRANSMITTAL
TO:
FROM:
DATE:
RE:
CONSTRUCTION INFO - 800 962-05~
DODGE REPORTS 293-5~56
BROWNS'S LETTERS 2q/[-9576
BURRELLE'S INFO - 800 52~-3329
DATA CONSTRUCTION 888 232-99~1
BETTY NEVILLE, Southold Town Clerk Tele. 631 765-1800; fax 765-61q5
7/2~/00
"BIDS" ADVERTISEMENT/PUBLICATION
Number of Pages (including cover): 2
If total transmittal is not received, please call 631 765-1800.
COMMENTS:
PLEASE PUBLISH THE FOLLOWING DESCRIBED BID IN YOUR PUBLICATION AT YOUR
EARLIEST CONVENIENCE:
"Scavenger Waste Treatment Facility -
Waste Transport & Disposal
Bid Opening Date: 10:00 A.M.. Thursday. August 10~ 2000
Please acknowledge receipt of this information by signing below and
returning a faxed copy to me at 631 765-611~5. attention: Betty Neville.
Thank you.
Received by Date
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,
August 10, 2000 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, after 10:00
A.M., on Thursday, July 27, 2000.
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: July 20,, 2000
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JULY 27, 2000, AND FORWARD ONE
OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN
HALL, P.O. BOX 1179, $OUTHOLD, NEW YORK 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Dodge Reports
Browns Letters
Burrelle's Information Services
Town Clerk's Bulletin Board
(1) AFFIDAVIT
CLERK, TOWN
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 24th day of July 20§0
she affixed a notice of which the annexed printed notice is a true copy,
in a proper and substantial manner, in a most public place in the Town of
Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town Hall~ 53095 Main Road~ Southold~ New York.
LEGAL NOTICE TO BIDDERS - SCAVENGER WASTE TREATMENT FACILITY -
WASTE TRANSPORT ~, DISPOSAL, Bid Opening at 10:00 A.M., Thursday,
August 10, 2000.
~-Elizab~th A. Iqeville-
Southold Town Clerk
Sworn to before me this
24th day of July ,
~/~//{.~lotary Pubhc
JOYCE M. WlLKIN$
Notary Publle, State of New yod~
N_o. 49_52246, Suffolk County
lerm I=~q~rea June 12.
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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS
ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
HELD ON JULY 18, 2000:
RESOLVED that the Town Board of the Town of Southold hereby authorizes
and directs Town Clerk Elizabeth Neville to advertise for bids for the
removal, transport, and disposal of scavenger waste from the Southold
Town Wastewater Treatment Facility.
EIr~'abeth A.' Neville
Southold Town Clerk
July 18, 2000
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
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY
ADOPTED AT A REGULAR
HELD ON JULY 18. 2000:
THAT THE FOLLOWING RESOLUTION WAS
MEETING OF THE SOUTHOLD TOWN BOARD
WHEREAS Electro Environmental Technologies, Inc. was determined to be the
lowest bidder for the removal and transportation of scavenger waste from the
Town of Southold Scavenger Waste Plant; and
WHEREAS a contract for said services was signed by Supervisor Cochran and
forwarded to Electro Environmental Technologies, Inc.; and
WHEREAS Electro Environmental Technologies, Inc. has failed to provide any
services to the Town for over a month period and has violated Section 5 of the
contract in which the contractor agrees to remove waste within five days notice
from the Town of Southold on numerous occasions; and
WHEREAS the Town of Southold has given written notice to Electro
Environmental Technologies, Inc. of the failure to provide services and the
contractual liquidated damages of $500.00 per day for the delay in rendering
services (Section 6 of the contract) and Electro Environmental Technologies, Inc.
has failed to respond or remedy the failure to provide services for several
months; now therefore be it
RESOLVED that the Town Board of the Town of Southold hereby authorizes
Supervisor Cochran to terminate the agreement with Electro Environmental
Technologies per the contract provisions by providing seven (7) days written
notice of said termination.
A. Newlle
Southold Town Clerk
July 18, 2000