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Home My WebLink AboutScavenger Waste Removal$25.00 non-refundable f~l~to obtain specifications (postage included in the fee) BID - REMOVAL OF SCAVENGER WASTE BID OPENING: 11:00 A.M., Wednesday, April 24, 1996 4/12 1. RGM, 972 Nicols Rd., Deer Park, NY 11729 586-0002 4/12 2. Island Wastewater, Richard Jernick, P.O. Box 218, Shelter Island,NY, 11964 749-3210 4/15 3. Squires & Pierson, Inc., 132 Magee St., Southampton, NY 11968 - 283-1403-Rod Pierson 4/16 4. Don Patanjo Cesspool Service, 19 Stiriz Rd., Brookhaven, NY 11719 4/19 5. Earthwatch Waste Systems, Inc., 3527 Harlem Rd., Buffalo, NY 14225 Attn: Holly Brown 716-833-3286 Fax: 716-833-5670 8o JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town H~dl, 53095 Main Road P.O. Box 1179 S(mthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 15, 1996 George W. Desmarais, P.E. Holzmacher, McLendon & Murrell, P.C. 575 Broad Hollow Road Melville, New York 11747-5076 Dear George: Enclosed herewith is the executed contract between the Town of Southold and Don Patanjo Cesspool Service Corp., along with Certificates of Insurance which meet the requirements of the specifications. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures 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 , 19 , 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 DON PATANJO CESSPOOL SERVICE CORP. (herein called the CONTRACTOR). WITNESSETH, consideration of that the TOWN and the CONTRACTOR, in the premises and of the mutual covenants, con- siderations 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 AN APPROVED DISPOSAL LOCATION 5/1/96 TO 12/31/96 and if required by the Town Engineers, Items: 2 - SCAVENGER WASTE REMOVAL AND TRANSPORT TO AN APPROVED DISPOSAL LOCATION of: $52.99 PER THOUSAND GALLONS DOLLARS for the unit and/or lump sum price(s) herein. 1/1/97 TO 12/31/97 for the sum ($52.99/1000 GALLONS) as listed in the Proposal 9602 C-1 jp HOLZMACHER, McLENDON & MURRELL . ENGINESRS. ARCHITECTS. SCIENTISTS~ PLANNERS ar,~ ~JRVEYORS CON'rRACT (CONT'D.) 1. CONTRACT DOCUMENTS AND DEFINITION~ The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plans, together with any Addenda, shall form part of this Contract, and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facili- tate 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 Plans, 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 proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project, and includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term WORK PERFORMED shall be construed to include material delivered to and suitably stored at the site of the project. 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 Engineer, with the Town's approval, 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 its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. (herein called the ENGINEER). 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 C-2 CONTRACT (CONT'D.) officers, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm, or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED. REOUIRED, APPROVED, ACCEPTABLE: Whenever they refer to the work, or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words 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 Con- tract 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. A~reed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer'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 C-3 ~ (~F~C)U~[ OLZMACHER, McLENDON & MURRELL, ~'.C. ~NGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVt., ~RS CONTKACT (CONT.).) (2) (3) 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 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 Con- tractor 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 per- cent as full compensation for all other items of profit, costs and expenses, including admini- stration, overhead, superintendence, insurance, insurance other than Workers' Compensation Insurance, material used in temporary structures, allowances made by the Contractor to subcontrac- tors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 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 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. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. C-4 CONTRACT (CONT'D.) The TOWN reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIOUIDATED 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 ($500.00) per day, which amount is hereby agreed upon, fixed and determined by the parties hereto as the LIQUIDATED DAMAGES, including overhead charges, services, inspector's wages, and interest on the money invested, that the TOWN will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion, provided, however, that the TOWN shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME - NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to Acts of God or of any public enemy, acts or neglect of the TOWN, acts or neglect of any other Contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commo- tion or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the TOWN. No such extension of time shall be considered a waiver by the TOWN of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. c-$ McLENDON & MURRELL, ENGINEERS. ARCHITECTS. SCIENTIST~, PLANNERS and :~URVEYORS CONTRACT (CONT'D.) 9. CONTRACT SECURITy PERFORM3%NCE AND MAINTENANCE BOND NOT REQUIRED 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work obtained and had approved by the TOWN all of required under this Contract, as enumerated herein: until he has the insurance Compensation Insurance Public Liability Insurance and Property Damage Contractor's Protective Property Damage Insurance Liability and Owner's (TOWN) and Engineer's Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to com- mence 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' Compen- sation 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 Damaae Insurance - The Contraotor 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: C-6 ~1~ ~OUP HOLZMACHER, McLENDON & ENGINEERS. ARCHITECTS, SCrENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) (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 Damaqe 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 Prooerty Damaqe Insurance - (TOWN, and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER and/or HOLZMACHER. McLENDON & MURRELL, P.C. as ENGINEERS) - 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 and/or HOLZMACHER, McLENDON, & MURRELL, P.C., as ENGINEERS, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily injuries to, or death of, two or more persons in 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 as OWNER and/or HOLZMACHER, McLENDON & MURRELL, P.C., as ENGINEERS. 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. C-7 GR~.JP HOL.ZMACHER, McLE.DON & MURRELL .... ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) E. Automobile Public ~abilitv and Property Damaqe InsuraRGe - The Contractor shall take out and maintain during the life of the Contract such automobile public liability and prop- erty 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 bod$1y injuries, including wrong- ful 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. 11. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the TOWN with certifi-cates of each insurer insuring the Contractor or any subcontrac-tor under this Contract, except with respect to subdivision D. of paragraph 10. In respect to this paragraph, the Contractor shall furnish the TOWN with the original insurance policy and a copy to the Engineer. 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 and Engineer with any notice of cancel-lation at least ten (10) days prior to the actual date of such cancellation. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. C-8 CONTRACT (CONT'D.) 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 con- tract 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 certi- fied statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220B of the Labor Law, as amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or 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 Con- tractor 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 C-9 GR( dP .o. MOENDO. & MU..W,.. ENGINEERS, ARCHITECTS, ~tEN?ISTS, PLANNERS end SURVEYORS CONT1LACT (CONT'D.) may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220C of the Labor Law, as amended, provides the penalty for making of a false oath or verification. Section 220D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, 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 con- tracting 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 missioner, State of New York, for this Contract, in the INFORMATION FOR BIDDERS. Industrial Com- are as set forth Ail excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by GBL Section 761. 13. 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. C-10 I-I J OUP HOLZMACHER, McLENDON & MURFI'B~.., P.C. ENGINEERS, ARCHI?ECTS, SCIENTISTS, PLANNERS arid SURVEYORS CONTRACT (CONT'D.) 14. ESTIMATES AND 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 Engineer. The Engineer will review the requisition and prepare a payment request based on the estimated amount of work performed and the quantity of materials furnished, 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 amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and 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 estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the TOWN of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the TOWN as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the TOWN by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subsequent payment. The retained amounts shall be paid as set forth in the following subsection B. Bo Final: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare an approval of Final Payment Request. Thereafter the TOWN will pay to the Contractor the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. As the remaining items of work are satisfactorily completed or corrected, the TOWN shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. C. In order to secure the performance of the covenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the TOWN a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the Engineer's approval of the Final Payment Request and such bond, which shall be executed by the Contractor and issued by a C-Il Gi,,.JUP HOLZMACHER, McLENDON & MURREL. ,C,. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the TOWN that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. D. Measurements for Payment: The Engineer shall make due measurement of the work done during 'the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement, and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work; but the expense of such re-measurement or re-estimating shall, unless material error be proved, be paid for by the Contractor. ~5. 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. 16. CONSTRUCTION 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 Con- tractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contrac- tor 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. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the con- tract documents and, in addition thereto, will furnish the Engi- neer with a detailed estimate for final payment. Prior to being eligible to receive final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves C-12 CONTRACT (CONT'D.) the Contractor of his responsibility under existing Federal or State laws of filing such other reports with agencies other than the TOWN as may be required by such existing laws or regulations. 17. INSPECTION AND TESTS Ail material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the TOWN at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make tests so required safe and convenient. If, at any time, before final acceptance of the entire work, the Engineer, with the TOWN's approval, considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, with the TOWN's approval, whether or not the same shall be defective, the Contractor shall be liable for the expenses of such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work pursuant to a Change Order signed by the TOWN and the Contractor. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-13 ENGINEERS, ARCH~TEC?S, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) [8. PLA~S AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one (1) copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications, the Plans shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer, whose decision therein shall be conclusive. 19. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes shall be by Change Order executed by the TOWN and Contractor. 20. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. 21. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or Foreman who shall have full authority to act for the Contractor. It is understood that such repre- sentative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. C-14 HOLZ. MACHER, McLENDON & MURI~F.., P.C. ENGINEERS. ARCHITECTS. SCIENTISTS. PLANNERS amd SURVEYORS CONTRACT (CONT'D.) 22. 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 pro- visions 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 provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the ~xtent 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 con- tract 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. 23. pATENT RIGHTS As part of his obligation hereunder and without any addi- tional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the TOWN for any loss on account of any infringement of any patent rights, unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the TOWN in writing that such process or product is an infringement of a patent. C-15 GI,,, UP HOI 7MATHER' McLENDON & MURREL~. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS anci SURVEYORS CONTRACT (CONT'D.) REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: A. That he is financially solvent and that he is experi- enced 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 Munic- ipal 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 construc- tion will not injure any person or damage any property; and D. That he has carefully examined the Plans, Specifica- tions, and the site of the work, and that from his own investiga- tion he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of sur- face 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 condi- tions which may in any way affect the work or its performance. 25. 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 docu- ments and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engi- neer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or else- where in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engi- neer 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 C-16 CONTRACT (CONT'D.) prior thereto an appropriate Change Order has been executed by the TOWN and Contractor for such work. 26. SURVEYS The Engineer will furnish to the Contractor all layouts, measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will furnish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same and/or to assist in measuring. 27. CHANGES AND ALTERATIONS The TOWN reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the unit prices for such work as contained in the schedule of prices. If such alterations decrease the amount decreases shall be a credit to the TOWN based on work not performed as agreed to by the TOWN and and at the unit prices for such work as contained of Prices. of work, such the quantity of the Contractor in the Schedule 28. CORRECTION OF WORK Ail work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of con- struction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be C-17 HOLZMACHER, McLENDON & MURRELL, I-... ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CO--CT (CON'T'D.) paid to the Contractor hereunder shall be reduced by such amount as, in the judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects, settlements, or shrinkages which may appear within one (1) year following the date of the final payment request. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 29. WEATHER CONDITIONS The Contractor will and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If any work or materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold from approved payments due him as may, necessary: the Contractor so much of any in the judgment of the TOWN, be 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. C-18 CONTRACT (CONT'D.) 31. 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 proceed- ings 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 ordinances, regulations, and/or the TOWN; shall fail or refuse to regard laws, or the instructions of the Engineer 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. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, engineering, administration, legal, testing and observation services and any damages for delay), such excess shall be paid to Contractor. If the expense shall exceed the unpaid balance, the Contrac- tor and his sureties shall be liable to the TOWN for such excess. 32. 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, materialmen, or subcontractors, the Contractor may, upon ten (10) days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. C-19 GR' UP ' HOLZMACHER, McLENDON & MURRELL, P.C, ENGINEERS. ARCHITECTS, SCIENTISTS, I=!.ANNERS and SURVEYORS CONTRACT (CONT~D.~ Upon termination by the Contractor the TOWN may take possession of the work and complete the work by Contract or otherwise, as the TOWN solely may deem expedient. If the Contract is terminated by the Contractor, the lia- bility 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. 33. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final accep- tance, 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 pay- ment or other estimate shall not be construed to be an acceptance of any defective work. 34. 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 equip- ment 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 place upon any of the completed work only such superimposed loads as are consistent with the safety of that portion of the work; D. To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at C-20 HOLZMACHER, McLENDON & MURRE'~P.C. CONTRACT (CONT'D.) all times the site of the work shall present a neat and orderly and workmanlike appearance; E. Before the Engineer's approval of the Final Payment Request, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 35, 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 deter- mined 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. 36. 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. PROVISIONS REOUIRED 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 C-21 ~ G HOLZMACHER, MGLENDON & MURRELL, ~'. ~ ENGINEERS. ARCHITECTS. SCIENTISTS, PI. ANN ERS anti SURVEYORS CONTRACT (COHT~.) 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 forth- with be physically amended to make such insertion. 38. SUBLETTING. SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtaining the written consent of the TOWN. This Contract shall inure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. C-22 CONTRACT (CONT'D.) IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TOWN OF SOUTHOLD _ RACTOR STATE OF N~ YO~) CO~TY OF SUFFer) On the ~ da~ ?f~ ~ , 19~, before me personally came~~. ~~, to me known, who being by me duly sworn, did depose and say that he/she is the duly elected SUPERVISOR of the TOWN OF SOUTHOLD, CO~TY OF SUFFOLK, NEW YO~, and that at a meeting of the Town Board of the Town of Southold, duly held on the~ ~day of ~~ , 19 ~ the said Board, also acting in its capacity as the Governing Body of the Town of Southold, authorized the said SUPERVISOR to execute all and any contracts on behalf of the Town; that he/she knows the seal of said Town, and that the said Town seal affixed to the foregoing instrument is its corporate seal; that it was affixed thereto by order of the said Board, and that he/she signed his/her name thereto by order of said Board and executed the said instrument on behalf of the said Town by like order and authority. Notary Public, State of New York No, 52-0~963 OualifiedinSuflolkCou~W~ NOTARY PUBLI~/ Comm~s~ian ~ires May 31, 1~ C-23 CONTRACT (CONT.).) ACKNOWLEDGMENT OF CONTRACTOR. IF A CORPORATION STATE OF NEW YORK) ) COUNTY OF ) ss: personally came and appeared , to me known, who by me being duly sworn, did depose and say that he resides at Iq ~i~10U~,~0~J~ ~ that he is the O- ' -' -CaCP. the Corporation described in and which executed the foregoing instrument, that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal, that it was so affixed by order of the Direct6rs of said Corporation, and that he signed his name thereto by like order. Eii[;EN M. CAPONE NOIA~ ' ,, ~ C. ~tate I New Yor~, No 4808.308 Qi;ahi;(.~d m Suffoik County Comnnss~on Expires ~/30, i9~g NOTARY PUBLIC C-24 JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May 15, 1996 Christopher Clark, Vice President RGM Liquid Waste Removal Corp. 972 Nicolls Road Deer Park, New York 11729 Dear Mr. Clark: The Southold Town Board accepted the bid of Don Patanjo Cesspool Service Corp., at a price of $.053 per gallon, for the Scavenger Waste Transport and Disposal Services. We now have an executed contract with Mr. Patanjo, therefore, I am returning herewith your 5% Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure AIA Document A310 Bid Bond KNOW ALL ME~ B~ T~-~. PI~_~ENTS, that we R.G.M. LIQUID WASTE Pt~4OVAL OORPORATION 972 NICOT.Lq ROAD (Here ir~ert full na~r~ a~d ad~Jress or Legal title of Contractor) D~:~:~ P~3~K, ~ YOP/~ ii729 ~ PARK III - 399 THORNALL ~'f 8rl~ ~3~OR (Here insert full name and address 0r legal title Of Surety) EDISON, NEW JERSEY 08837-2238 a corporation duly organized under the laws of the State of PENNSYLVAN/A as Surety, hereinafter called the Surety, are held and fizmly bount unto TOWN OF SOUTHOLD 53095 MAIN STREET (Here insert full name and address or legal title of Owner) SOUTHOLD, NEW JERSEY 11971 as Oblige, hereinafter called the Obligee, in the sum of FIVE PERCENT OF THE BID UNDER ITEM 1 OF THE PROFOSAL ...................... Dollars ($ 5% ) for the pay~_nt of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our belts, executors, administrators, successors and assigns, jointly and severally, fJ_~mly by these presents. WHEREAS ~ the Princi~ h~ sl]bmitt~ a bid for (~ere insert full name, address and description of project) SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT & DISPOSAL PROJECT SOHT 96-02, NO~ THERE~OREz if the 0bligee shall accept the bid of the Principal and the Principal shall enter into a Contract .ira the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding ar Contract DOCUments w(th good and sufficient surety for the faithful performance of such Contract and for the prompt paw~ent of Labor and ~teria[ furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bo~ds, if the Principal shall pay to the 0bligee the difference not to exceed the penalty ~ereof between the ~nt specified in sai~d bid and s~ch larger amou]t for ~ich the Obligee may in go<~ fait~ contract ~i%n another party to perform the %Jork covered by said bid, then this obligation shall be null and void, otherwise to in full force and effect. Signed and sealed this 24TH day of APRIL 19 96 T~ERESA 3. S~ (Witness) "~ (Surety) (Seal) ELFANOR DOUDERA, (Title) Attorney-in-fact AAA D~-J3MtSVP A310 · BID BOND · AIA @ · FEBRUARY 1970 ED · 7}~E PPiERICAN INS~flIPLKfE OF ARC/%Z'±'~CTS, 1735 N.Y. AVE., N.W., WASP~ING~FON, D.C. 20006 Corp. Ack. STATE OF ~ ss.: COUNTY OF On this .............................................. day of ....................... 19 ..... before me personally came to me known, who, being by me duly sworn, did depose and say; that he resides in that he is the of the ...........~?I~....~J~!~]~J~..~.~'~.~P~._~;.0R:P~ the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. (Seal) Form 152 Corp. Ack. STATE OF ~ YORK } ss,: COUNTY OF On this ................... ~.[~} ................... day of ....... ~P~:~ 19 ~6, before me personally came ELEAI'IOR DOUDERA to me known, who, being by me duly sworn, did depose and say; that he resides in , S!~FFO.!~K that he is the of the ......... ~L~G~...%~;-]~ ~;~ the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such cot"oral'er ~ ~--,~e~' that it was so affixed by order of the Board of Directors of said eor- ~R~ J. STURMAN poration, and that he signed his name thereto by tike order. ~So.P~#COlSTS043971Slale of N~ Yo*~ (Seal) 1~ .IANCE S~U3RETY COM~P,M'qY UNfft~D PACII~IC INSURANCE COMPA_NY RELIANCE INS~'RANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACiFiC INSURANCE COMPANY. are corporations duly organized under the laws of tho Commonwealth of Penns~4vanie and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of The State of Wisconsin (herein collectively called "the Companies") end that the Companies by virtue of s[gnature and seals do hereby make, writings obligatory in the nature thereof were signed by an Executive Officer of the Companies end sealed and attested by one other of such officers, and hereby ratifies and confirms ali that their said Attornay(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of tho By*Laws of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions ere now in full force and effect, reading as followe: IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 28, 1996. RELIANCE SUR~rY COMPANY UN/TED PACD:IC LNSURANCE COMP,M~Y KELIANCE NATIONAL INDEMNITY COMPANY STATE OF PennsCvania COUNTY OF Philadelphia } ss. On this, March 28, 1996, before me, Terumo Sue Kayati. personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific insurance Company, end Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC ~NSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney ~xecuted by said Companies, which is still in full force end effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed tho seals of said Companies this 2~l;,~y of Apr±Z 19 96 . ~ ~ ~ ~ Secretary CERTIFICAT OF iNSURANCE" ...... ', ' :. ':.:. · 05/13/96 'RODUDER THIS CERTIFICATE IS ISSUED AS ~ MATTER OF INFORMATION BED National, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 276 Duffy Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P · O. BOX 157 COMPANIES AFFORDING COVERAGE Hicksville, NY 11802-0157 COMPANY ATranscontinental Insurance Co. INGURED Don Patanjo Cesspool Service GOMPANY S Transportation Insurance Corp. COMPANY 19 Stiriz Road CState Insurance Fund Brookhaven, NY 11719 COMPANY I DContinental Assurance THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICy PERIOD INDICATED, NO]ANITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PEF~'AIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRISED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAy HAVE BEEN REDUCED BY PA~D CLAIMS, DATE (MMIDDIYY) =O LIOY E)(PlflATION LIMIT~ CO TYPE OF ~NSURANCE POLrOY NUMBER POLIGY EFFECTIVE LTR DA A G~EENERALLIABILITY C131527400 05/15/95 05/15/96 13ENERALAGGREGATE $2 1000 1000__ ~X .30MMERCIALGENERALLIABILIT~ PRODUDTS-COMPIOPAGB $1 ,, 0001000 -- ] CLAIMS MADE ~ OCCUR PERSONAL & ADV INJURY $1 00~0 000__ 3WNER'S&OONTRAOTOR'SPROq EACROCOURRENOE $1 0~00f000 FIRE DAMAGE (Any one fire: J B1 t 000 ~, 000 MED EXP (Any one person) 15 ~, 000 ]a AUTOMOBILELIASILITY C134896026 05/15/95 05/15/96 DOMBINEDSINGLELIMIT ~1~ 000! 000 ALL OWNED AUTOS BODILY INJURY ~X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY ~- NON.OWNED AUTOS (Per accident) $ GARAGE MABILITY AUTO ONLY-EA ACCIDENT $ EACH ACCIDENT $ A EXGE~LIABILITY C134896043 05/15/95 05/15/96 EACHOCCURRENCE sl,000,000 UMBRELLAFORM AGGREGATE [~1 000 000_ OTHER THAN UMBRELLA FORM C WORKERS COMPENGATION AND 5017751 08 / 07 / 95 08 / 07 / 96 X [ STATUTORY LIMITS :: : EMPLOYERS'LIABILITY *Provided by EACH ACCIDENT THE PROPR;ETOR/ ~ IEeE State Ins, Fund r31.qEItSE-POL!CY LIMIT OFFiCERSARE: I I EXCL DIEEASE-EACH EMFLOYEE $ D OTHER 2PO5442A9AA 08/15/94 Statutory NYS Disability Benefits RECEiVeD DE$CRIPTIONOFOPERATIGNS/LOCATIONB/VEH~OLES/~PECIALITEMB I~Ay 14 i996 Southold Town Clef~' SHOULD ANY OF THE ABOVE DEBORISED PO LICIEB BE OANOELLED BEFORE THE Town of Southhold E~IRATION DATE THEREOF, THEI~UINGOOMPANYWlLLENOEAVORTOMAIL Town Hall 53095 Main Road _0.3_QDAYBWRITTENNOTICETOTHEOERTIFICA~EHOLDERNAMEDTOTHELEFT, South. old, NY 11971 B UT FAILURE TO MAIL BUC.~H~,NOTIOE SHALL IMPOBE NO OB LIQATION OR UABIUTY Attn. Judith Terry OF ANY KIND UPON ~OGMPANYI ITS AGENT~ OR REPRE~ENTATIVEG, Town Clerk AUTH ORIE E O RE P~ NTA~'~¥'-,~¥? ...... ....... : ....... :::: ::::::: ,~::~:: : :~ :~, :::: ,~,?,~ ......... : .... .;~ ........ :::::::::::::::::::::::: CERTIFICAT*' OF INSURANCE DA iM",DD, O ":O...' .. '.'..:..':::.,:::.i' 05/1 /96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BED National, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 276 Duffy Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 15 7 COMPANIES AFFORDING COVERAGE Hicksville, NY 11802-0157 COMPANY 516-931-0600 ATranscontinental Insurance Co. INBURED COMPANY Don Patanjo cesspool Service aTransportation Insurance Corp. COMPANY 19 Stiriz Road estate Insurance Fund Brookhaven, NY 11719 COMPANY [ D THIS IS TO CEF~-IFY THAT THE POL~DIES OF INSURANCE USTED BELOW HAVE SEEN I~UED TO THE INSURED NAMEDABOVEFORTHEPOU~YPERK)D INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDFFION OF ANY CONTRACT OR OTHER DOCUMENT W~ RESPECT TO WHICH TH~ CERTfFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLJClES DE~DRIBED HEREIN ~ SUBJECT TO ALL THE TERMS, EXCLUS~NS AND CONDFTE)NS OF SUCH POLK)lES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLAMS. CO TYPE OF INBURANCE POLICY NUMBER POLICY EFFECTIVE =OLICY E~PIRATIO~ LIMITS LTR DATE (MMIDD/Y~ DATE (MMIDD/YY) A GENERALLiABILITY C131527400 05/15/96 05/15/97 ~ENERALAGGREGATE $2j, 000,,000~ X DOMMERCIAL QSNERALLIABILIT~ PRODUCTS-COMP/OPAQS $1 10001000 -- j CLAIMS MACE [~ OCCUR PERSONAL ~, ADV ~NJUnY $1 ~, 0 0 0, 0 0 0 DWNER'S&CONTRACTOR'SPRO1 EADHOCCURRENCE S1~000~ 000 -- FIRE DAMAGE IAny one fire'~ $1 f 000 I 000 MED EXP (Any one perlon) $5 f 000 B AUTOMOBILE LIABILITY C134896026 05/15/96 05/15/97 -- OOMBINEDBINSLELIMIT ~1, 000t 000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY -- NON-OWNED AUTOS (Per accident) $ -- PROPERTY DAMAGE $ GARAGE LIABILITY AUTOONLY-EAACCIDENT $ -- ANY AUTO BT~HER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ ~ EXCEBBLtABILITY C134896043 05/15/96 05/15/97 BA__C. OCCURRENCE $1~000~000 UMBRELLA FORM AGGREGATE ~l ~, 000 t 000 OTHER THAN UMBRELLA FORM $ C WOR.ERS COMPEN~T,ON AN o 5017751 08 / 07 / 95 0 a / 07 / 96 z~ STATUTORY LIMITS EMPLOYER~ LIABILITY *Provided by EACH ACCIDENT I THE PROPRIETOR/ PARTNERS/EXECUTIVE I st' Ins, Fund , DIBEASE.POLICYLIMIT __ OFFICERS ARE: DISEASE-EACH EMPLOYEE RECEIVED OF OPERAT,O.B. LOOAT,O.B. H,CLEB. C.^L, MB Southold Tow~ Town of Southhold E)G:gRATIONDATETHEREOF, THEISSUINGOOMPANYWILLENDEAVORTOMAIL Town Ha 11 53095 Ma in Road o3o DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFt Southold,NY 11971 BUT FAILURE TO MAIL SUCH NOTICE BHALLIMPOSE NO OBLIGATION OR LIABILITY Attn: Judith Terry OF ANY KIND UPON THE ~PA~N~ ITS AGENTS OR REF~RESENTATIVE~ Town Clerk AUTHORIZE D REPRESEN~VE JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS M_A~RIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD May I0, 1996 Donald Patanjo, President Don Patanjo Cesspool Service Corp. 19 Stiriz Place Brookhaven, New York 11719 Dear Mr. Patanjo: Enclosed are four (4) sets of conformed contracts for the Scavenger Waste Transport and Disposal services by your firm. Please execute all four copies where indicated, have your signature notarized, and return three (3) of the sets to me in the enclosed self-addressed, stamped envelope. Also, please send me the required certificates of insurance as indicated on Page BRI/ILL, and Pages C6-8 as soon as possible. Thank you. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures (4) ADDENDUM NO. I TOWN OF SOUTHOLD REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY PROJECT SOHT 9602 DATED: APRIL 18, 1996 This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated April, 1996, as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal. Failure to do so may subject Bidder to disqualification. CHANGES TO SPECIFICATIONS 1) Notice to Bidders Page NB-I of 1, 4th paragraph Delete: Each bid shall...five percent (5%) of"the total bid." Add: Each bid shall...five percent (5%) of "the amount bid under Item I of the proposal." 2) Instruction to Bidders/Wage Rates Page IB-3, Section 11. - Bid Security Delete: Each bid shall.., five percent (5%) of the amount "of the bid plus all items of extra cost." Add: Each bid shall.., five percent (5%) of the amount "bid under Item I of the proposal." 3) Instruction to Bidders/Wage Rates Page IB-3, Section 12. - Consent of Surety Delete: In addition to...Material Payment Bond "each of a face value of 100% of the amount of the bid." Add: In addition to...Material Payment Bond "in the total amount of $25,000." 4) Instructions to Bidders/Wage Rates Page lB-4, Section 14. - Performance, Labor and Material Payment Delete: Simultaneously with his...bonds in "the amount of 100% of the accepted bid." Add: Simultaneously with his...bonds in "the amount of $25,000." SOHT 9602 A-1 ~ ul../" I,l'J/~Jll'~ M. I)(-'~HD,k..~tJ. HOLZMACHER, McLENDON & MURR , PC ADDENDUM NO I 5) Proposal Page P-B (1 of 3) Item 1 Delete: Furnishing all labor...dispose of approximately "1,420,000 gallons." Add: Furnishing all labor...dispose of approximately "1,428,900 gallons." 6) Proposal Page P-B (1 of 3) Item 2 Delete: Furnishing all labor...dispose of approximately "1,845,000 gallons." Add: Furnishing all labor...dispose of approximately "1,926,850 gallons." 7) Proposal Page P-B (2 of 3) Paragraph 1 Add: Unit prices bid...notice to proceed. "The contractor shall be reimbursed based on the total volume of scavenger waste removed and disposed of at unit prices stated in Item 1 and Item 2" 8) Proposal Page P-C Paragraph 1 Delete: Enclose certified check...five percent (5%) "of the bid total." Add: Enclose certified check.five percent (5%) "of the bid total for ltem 1." 9) Section 13219 - Scavenger Waste Removal, Transportation and Disposal Part 3 - Execution Section 3.1 - Removal of Scavenger Waste; Subsection A Delete: The contractor shall...remove approximately "12,000 gallons per week...July, August and September." Add: The contractor shall...remove ap,,roximately "20,000 gallons per week during the month of February; approximately 25,000 gallons per week during the month of January; approximately 30,000 gallons per week during the months of March, October and December; approximately 35,000 gallons per week during the months of September and November; approximately 40,000 gallons per week during the month of April; and approximately 50,000 gallons per week during the months of May, June, July and August." 10) Contract Delete: "page C-I through C-26" Add: "pages C-I through C-15" as attached *** END OF SECTION *** SOHT 9602 A-2 ~ GROUP HOLZMACHER, McLENDON & MURRELL ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS QNDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT NO. OF PAGES I- 1 Page NB- 1 Page IB - 5 Pages QB - 1 Page P-A thru P-D BRI/ILL- 1 page GC - 6 pages 13219- 3 pages C - 25 pages GWD/cdr 5/96 SOHT 9602 I- 1 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 11:00 a.m., Prevailing time on Wednesday, April 24, 1996, at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO.: SOHT 9602 A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the TOWN OF SOUTHOLD will be required for a set of specifications. INSTRUCTIONS TO BIDDERS, FORM OF PROPOSAL, FORM OF CONTRACT, AND SPECIFICATIONS, etc., may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971, after 11:00 a.m., Prevailing time on Thursday, April 11, 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the total bid. The Town Board of the Town of Southold reserves the fight to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK DATED: April 5, 1996 SOHT9602 NB - I ofl ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. 6NGINEERS ARCHITECTS, SCiENTiSTS PLANNERS and SURVEYORS INSTRUCTIONS TO BIDDERS/WAGE RATES 1. RECEIPT AND OPENING OF BIDS The Town Board, of thc 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, PROJECT NO. SOHT 9602, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF THE WORK Said work is more particularly described in the specifications prepared by Holzmacher, McLendon & Murrell, P.C., 575 Broad Hollow Road, Melville, New York 11747, dated April 6, 1996. 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 SOHT 9602 lB - 1 ~~UP HOI-ZMACHER, McLENDON & MURREL[ ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS anO SURVEYORS 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 requirements of the work and the accuracy of the estimate of the Engineer, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Engineer, 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 Engineer. 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 Documems, 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. ~ GROUP .o~zM^c.E., McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS 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. 1 l. 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 percent (5%) of the amount of the bid plus all items of extra cost. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 12. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT The successful bidder, upon his failure or refusal to execute and deliver the Contract, insurances and bonds required within five (5) days (Saturdays and Sundays excepted) after he has received notice of the acceptance of his bid, shall forfeit to the Town as liquidated damages for such failure or refusal, the security deposited with his bid. 13. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. IB - 3 PLANNERS and SURVEYORS INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 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, as shown in the Wage Schedule and Prevailing Rate Schedule, either shown on the following pages or the current prevailing rates paid at the time of performance. IB - 4 ~ GROUP HOI 7MACHER' McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS aha SURVEYORS INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 19. SPECIFICATIONS FEE The Twenty-Five Dollars ($25.00) fee for each set of specifications is non-refundable. 20. 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, as shown in the Wage Schedule and Prevailing Rate Schedule, either shown on the following pages or the current prevailing rates paid at the time of performance. IB - 5 ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS end SURVEYORS 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): Town of East Hampton Town of Brookhaven Town of Riverhead Village of Patchogue LILCO Village of Greenport FIRM NAME: Don Patanjo Cesspool Svcs Corp. ADDRESS: 19 Stiriz Place~ Brookhaven~ NY 11719 SIGNED BY: Donald Patanjo TITLE: President SOHT 96O2 QB- 1 ~1~ ~ROUP HOLZMACHER, McLI:NDON & MURRL_L, P.C. ENGINEERS ARCHITECTS SCIENTISTS. PLANNERS and SURVEYORS PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: April 24, 1996 TIME: 11:00 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 PROJECT NO. SOHT 9602 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, and supplies necessary to remove, transport and dispose of approximately 1,420,000 gallons of scavenger waste to an approved disposal location for an eight (8) month contract period between May 1, 1996 to December 31, 1996. PRICE PER GALLON $52~99 PER THOUSDAND DOLLARS TOTAL Seven-Five Thousand, Seven Hundred Seventeen 41/100 DOLLARS ($52.99) ($75,717.41 ) ITEM 2 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 1,845,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between January 1, 1997 to December 31, 1997. The Town will notify the contractor within the 90 day period prior to expiration of Item I if it will select this alternate bid. PRICE PER GALLON $52,99 PER THOUSDAND DOLLARS TOTAL One Hundred Two Thousand, One Hundred Three 78/100 DOLLARS ($52.99) ($102,10378) SOHT 9602 P-B (1 OF 3) HOLZMACHER, McLENDON & MURRELL,~ ENGINEERS. ARCHITECTS SCIENTISTS, PLANNERS arid SURVEYORS 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: April 24, 1996 TIME: 11:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION FACILITY NAME: Bergen Point FACILITY ADDRESS: Bergen Street~ Bab¥1on~ NY 11702 FACILITY CONTACT PERSON: Bob Falk FACILITY CONTACT PHONE NLrMBER: (516) 854-4213 TOTAL BID (SUM OF ITEMS 1 AND 2) TOTAL One Hundred Seventy-Seven Thousand, Eight Hundred Twenty-One 19/00 ($177,821.19) DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed of. Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF EIGHT (8) MONTHS UNDER ITEM 1, A PERIOD OF TWENTY (20) MONTHS UNDER THE ALTERNATE BID ITEM 2. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN OF SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. P-B (2OF3) ~ ~R©UP HOLZMACH£R, McLENDON & MURRE._L, P.C ENGINEERS ARCHITECTS. SCIENTISTS, PLANNERS and SURVEYORS PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK THE UNDER:gIGNED HEREBY FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: April 24, 1996 TIME: 11:00 A.M. ACKNOWLEDGES RECEIPT OF THE DATED April 18, 1996 _ CONTRACTOR: ADDRESS: Don Patanjo Cesspool Service Corp. 19 Stiriz Place Brookhaven, New York 11719 SIGNED BY: Donald Patanjo TITLE: President DATE: April 22, 1996 FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: (516) 475-0978 EMERGENCY: (516) 874-8410 P-B (3 OF 3) ~ GROUP HOLZMACHER, McLENDON & MURRELI ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS ,~nd SURVEYORS PROPOSAL Enclose certified check or bid bond for five percent (5%) of the bid total as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnil~ing bonds as provided in the Contract. The Bidder hereby further agrees that in the evem 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 for the full amount of the Contract price, 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 ,199 . SOHT 9602 P-C ~ .(4;~.l~OU~) HOLZMACHER, McLENDON & MURRL _, PC ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS 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 belief2 (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; (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: 4/24 , 199_6 Respectfully submitted, FIRM NAME: Don Patanjo Cesspool Service Corp. FIRM ADDRESS: 19 Stiriz Place Brookhaven, NY 11719 SIGNED BY: Dona',a Patanjo TITLE President If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: SOHT 9602 P-D BUILDERS RISK ~ HOI. ZMACHER, McLENDON & MURRELI. 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 PAY- MENT", an "ALL RISK" Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co- insureds the CONTRACTOR, the OWNER and the ENGINEER. The origi- nal 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 and ENGINEER, 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 perfor- mance of the work described in the contract documents, but not including liability that may be due ~o the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 3. LIMITATION OF LIABILITY The Contactor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's pro- fessional negligent acts, errors, or omissions, such that the total aggregate liability of the Engineer to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the con- tract award amount, whichever is greater. BRI/ILL - 1 of 1 GR')UP HOLZM^C.E , M .EN O. & MU..ELL C 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 Engineer 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 Engineer. N/S GC - 1 of 6 GRNE[:~j~T, CONDT~ION$ (CO~T'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 On all Plans, Drawings, etc., the figure dimensions shall govern in the case of discrepancy between the scales and figures. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and the Plans as construed by him, and his decision shall be final. Ail work that may be called for in the Specifications and not shown on the Plans, or work shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated in both. Should any work or material be required which is not denoted in the Plans and 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 shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. N/S GC - 2 of 6 GROUP HOLZMACHER, McLENDON & MURRELL, P.C. 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 eqq/ipment and per, it-required confined spaces. Ail 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. N/S GC - 3 of 6 GROUP HOLZMACHI:R, McLENOON & MIJRRELL, PC GENERAL CONDITIONS (CONT'D.) 9.0 - RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. 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 Ail 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. Ail 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 ~ave 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 Before the first partial payment under this Contract becomes due, the Contractor shall prepare a Schedule of Values which totals the amount of the Contract, and submit it to the Engineer for approval. The Contractor shall make such revisions as may be required to make this Schedule conform to the true value of work as jointly agreed upon by the Engineer and the Contractor. N/S GC - 4 of 6 GROUP HOLZMACHER, M~LENDON & MUffiREL GENERAL CONDITIONS (CONT'D.) 13.0 - INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 - CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Engineers or Inspectors 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. Ail 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 Engineer. 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 monies due or to become due the Contractor. T GC - 5 of 6 ~I.~GROUP HOLZMACHER, McLENDON&MURRELL, PC GEN~P,A~ ¢O~D[T[ONS (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 Ail 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 Engineer. 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 Engineer, except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer, at no cost to the Town. 19.0 - STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 - DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to Holzmacher, McLendon & Murrell, P.C., Consulting Engineer for the Town. T GC - 6 of 6 ~C_~OU~) HOLZMACHER, McLENDON & MURREL ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL PART 1 - GENERAL 1.1 - SECTION INCLUDES Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 - REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the duration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 - SUBMITTALS Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Engineer, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Engineer 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 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 SOHT 9602 13219-1 ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS arid SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL information for the new location 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 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 12,000 gallons per week during the months of December, January, and February; approximately 18,000 gallons per week during the months of October, November and March; and 56,000 gallons per week during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest corner of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certify with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supernatant, gdt, scum, and other products ofbiodegradation from residential and commercia! sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 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. 1321%2 ~ G~I~UP HOLZMACHER, McLENDON & MURRELL,~.C. ENGINEERS, ARCHITEGTS, SCIENTISTS. PLANNERS antS SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL 3.2 - TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 - DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of; and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 13219-3 = ~..,,,.~"lr~4' ~I~OUP HOLZMACHER, McLENDON & MURk, -, P C. ENGINEERS ARCHITECTS SCIENTISTS PLANNERS and SURVEYORS 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 , 19 , 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 DON PATANJO CESSPOOL SERVICE CORP. (herein called the CONTRACTOR). WITNESSETH, that the consideration of the premises TOWN and the CONTRACTOR, in and of the mutual covenants, con- siderations 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 AN APPROVED DISPOSAL LOCATION 5/1/96 TO 12/31/96 and if required by the Town Engineers, Items: 2 - SCAVENGER WASTE REMOVAL AND TRANSPORT TO AN APPROVED DISPOSAL LOCATION 1/1/97 TO 12/31/97 for the sum of: $52.99 PER THOUSAND GALLONS ($52.99/1000 GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed in the Proposal herein. SO1~ 1' 9602 C-I CONTRACT (CONT'D.) 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plans, together with any Addenda, shall form part of this Contract, and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facili- tate 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 Plans, 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 proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project, and includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term WORK PERFORMED shall be construed to include material delivered to and suitably stored at the site of the project. 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 Engineer, with the Town's approval, 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 its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. (herein called the ENGINEER). 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 C-2 GROUP HOLZMACHER, McLENDON & MURRELL, PC. ENGINEERS ARCHITECTS. SCIENTISTS PLANNERS an~ SURVEYORS CONTRACT (CONT ' D. ) officers, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm, or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED. REOUIRED. APPROVED. ACCEPTABLE: Whenever they refer to the work, or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words 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 Con- tract 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. Aqreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer'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 Chanqes: 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 C-3 ENGINEERS ARCHITECTS, SCIENTISTS. PLANNERS and SURVEYORS CONTRACT (CONT'D.) (2) (3) 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 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 Con- tractor 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 per- cent as full compensation for all other items of profit, costs and expenses, including admini- stration, overhead, superintendence, insurance, insurance other than Workers' Compensation Insurance, material used in temporary structures, allowances made by the Contractor to subcontrac- tors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 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 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. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. C-4 GROUP HOLZMACHER, McLENDON & MURR[:LL, P.O. ENGINEERS, ARCHITECTS, SCIENTISTS. PLANNERS and SURVEYORS CONTRACT (CONT'D.) The TOWN reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. LIOUIDATED 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. 8. 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 commo- tion 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. C-5 PLANNERS and SURVEYORS CONTRACT (CONT'D.) 9. CONTRACT SECURITy PERFORMANCE AND MAINTENANCE BOND NOT REQUIRED 10. CONTRACTOR'S INSURANCE The Contractor shall not commence any work obtained and had approved by the TOWN all of required under this Contract, as enumerated herein: until he has the insurance Compensation Insurance Public Liability Insurance and Property Damage Contractor's Protective Property Damage Insurance Liability and Owner's (TOWN) and Engineer's Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to com- mence 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' Compen- sation 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: C-6 GROUP HOLZMACH~FR, McLENDON & MURRELL, P.C. ENGINEERS. ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) (z) 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 Damaqe 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 Damaqe Insurance - (TOWN, and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER and/or HOLZMACHER, McLENDON & MURRELL, P.C. as ENGINEERS) - 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 and/or HOLZMACHER, McLENDON, & MURRELL, P.C., as ENGINEERS, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily injuries to, or death of, two or more persons in 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 as OWNER and/or HOLZMACHER, McLENDON & MURRELL, P.C., as ENGINEERS. 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. C-7 G / Up HOLZMACHER, McLENDON & MURREL ENGIN£ERS, ARCHITECTS, SCIENTISTS, PLANNERS and EURVEYO~qS CONTRACT (CONT'D.) 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 prop- erty 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: (l) Automobile Public Liability Insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bod$1y injuries, including wrong- ful 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. 11. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the TOWN with certifi-cates of each insurer insuring the Contractor or any subcontrac-tor under this Contract, except with respect to subdivision D. of paragraph 10. In respect to this paragraph, the Contractor shall furnish the TOWN with the original insurance policy and a copy to the Engineer. 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 and Engineer with any notice of cancel-lation at least ten (10) days prior to the actual date of such cancellation. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. C-8 GROUP .OLZM^CHE., McLE.[ O. & MURRELL, P.C. ENGINEERS. ARCHITECTS SCIENTISTS PLANNERS end SURVEYORS CONTRACT ' CONT ' D · ) 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 con- tract 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 certi- fied statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220B of the Labor Law, as amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or 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 Con- tractor 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 C-9 G; I UP HOLZMACHER, McLENDON & MURRELL ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220C of the Labor Law, as amended, provides the penalty for making of a false oath or verification. Section 220D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, 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 con- tracting 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 missioner, State of New York, for this Contract, in the INFORMATION FOR BIDDERS. Industrial Com- are as set forth Ail excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by GBL Section 761. 13. 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. C-10 GROUP HO~MACH£R, McLENDON & MURRELL, P.C. £NGIN£ERS. ARCHITECTS, SCIENTISTS, PLANNERS amd SURVEYORS CONTPJ~¢T (CONT'D.) 14. ESTIMATES AND 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 Engineer. The Engineer will review the requisition and prepare a payment request based on the estimated amount of work performed and the quantity of materials furnished, 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 amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and 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 estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the TOWN of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the TOWN as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the TOWN by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subsequent payment. The retained amounts shall be paid as set forth in the following subsection B. B. Final: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare an approval of Final Payment Request. Thereafter the TOWN will pay to the Contractor the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. As the remaining items of work are satisfactorily completed or corrected, the TOWN shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. C. In order to secure the performance of the covenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the TOWN a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the Engineer's approval of the Final Payment Request and such bond, which shall be executed by the Contractor and issued by a c-Il CONTRACT (CONT'D.) reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the TOWN that the Contrastor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. D. Measurements for Payment: The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement, and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work; but the expense of such re-measurement or re-estimating shall, unless material error be proved, be paid for by the Contractor. 15. 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. 16. CONSTRUCTION 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 Con- tractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contrac- tor 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. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the con- tract documents and, in addition thereto, will furnish the Engi- neer with a detailed estimate for final payment. Prior to being eligible to receive final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves C-12 (,.gROUP HOLZMACHER, McL~NDON & MURRay. L, P,C. ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS arid SURVEYORS CONTRACT (CONT' D. ) the Contractor of his responsibility under existing Federal or State laws of filing such other reports with agencies other than the TOWN as may be required by such existing laws or regulations. 17. INSPECTION AND TESTS Ail material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the TOWN at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make tests so required safe and convenient. If, at any time, before final acceptance of the entire work, the Engineer, with the TOWN'S approval, considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, with the TOWN's approval, whether or not the same shall be defective, the Contractor shall be liable for the expenses of such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work pursuant to a Change Order signed by the TOWN and the Contractor. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. C-13 GR OUP HOLZMACHER, McLENDON & MURREL ENGINEERS, ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT'D.) 18. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one (1) copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications, the Plans shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer, whose decision therein shall be conclusive. 19. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes shall be by Change Order executed by the TOWN and Contractor. 20. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. 21. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or Foreman who shall have full authority to act for the Contractor. It is understood that such repre- sentative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. C-14 GROUP HOLZMACHER, McLENDON & MURRELL,nP.C. ENGIN~£RS ARCHITECTS SCIENTISTS PLANNERS a d SURVEYORS CONTRACT (CONT ' D. ) 22. 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 pro- visions 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 provisions of 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 con- tract 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. 23. PATENT RIGHTS As part of his obligation hereunder and without any addi- tional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the TOWN for any loss on account of any infringement of any patent rights, unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the TOWN in writing that such process or product is an infringement of a patent. C-15 CONTRACT(CONT~.) 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: A. That he is financially solvent and that he is experi- enced 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 Munic- ipal 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 construc- tion will not injure any person or damage any property; and D. That he has carefully examined the Plans, Specifica- tions, and the site of the work, and that from his own investiga- tion he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of sur- face 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 condi- tions which may in any way affect the work or its performance. 25. 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 docu- ments and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engi- neer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or else- where in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engi- neer 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 C-16 GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) prior thereto an appropriate Change Order has been executed by the TOWN and Contractor for such work. 26. SURVEYS The Engineer will furnish to the Contractor all layouts, measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will furnish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same and/or to assist in measuring. 27. CHANGES AND ALTERATIONS The TOWN reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the unit prices for such work as contained in the schedule of prices. If such alterations decrease the amount of work, such decreases shall be a credit to the TOWN based on the quantity of work not performed as agreed to by the TOWN and the Contractor and at the unit prices for such work as contained in the Schedule of Prices. 28. CORRECTION OF WORK Ail work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of con- struction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be C-17 HOLZMACHER, McLENDON & MURRELL, ]:~C. ENGINEERS ARCHITECTS. SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) paid to the Contractor hereunder shall be reduced by such amount as, in the judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects, settlements, or shrinkages which may appear within one (1) year following the date of the final payment request. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 29. WEATHER CONDITIONS The Contractor will and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If any work or materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold from approved payments due him as may, necessary: the Contractor so much of any in the judgment of the TOWN, be 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. C-18 ~ROUP HOLZMACH£R, McLENDON & MURRay-L, P.C. ENGINEERS, ARCHITECTS SCIENTISTS PLANNERS &nd SURVEYORS CONTRACT (CONT ' D. ) 31. 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 proceed- ings 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 ordinances, regulations, and/or the TOWN; shall fail or refuse to regard laws, or the instructions of the Engineer 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. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, engineering, administration, legal, testing and observation services and any damages for delay), such excess shall be paid to Contractor. If the expense shall exceed the unpaid balance, the Contrac- tor and his sureties shall be liable to the TOWN for such excess. 32. 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, materialmen, or subcontractors, the Contractor may, upon ten (10) days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. C-19 HOLZMACHER, McLENDON & MURRELL, P.C, ENGINEERS. ARCHITECTS SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT'D.) Upon termination by the Contractor the TOWN may take possession of the work and complete the work by Contract or otherwise, as the TOWN solely may deem expedient. If the Contract is terminated by the Contractor, the lia- bility 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. 33. RESPONSIBILITy OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final accep- tance, 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 pay- ment or other estimate shall not be construed to be an acceptance of any defective work. 34. 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 equip- ment 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 place upon any of the completed work only such superimposed loads as are consistent with the safety of that portion of the work; D. To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at C-20 GROUP HOLZMAO ER, McLENDON & MURRE~.L, PC, ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) all times the site of the work shall present a neat and orderly and workmanlike appearance; E. Before the Engineer's approval of the Final Payment Request, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 35. 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 deter- mined 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. 36. 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. 37. 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 C-2I HOLZMACHER, McLENDON & MURRELL?I~'C. ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS end SURVEYORS CONTRACT (CONT'D.) 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 forth- with be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtaining the written consent of the TOWN. This Contract shall inure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. C-22 GROUP HOI 7MACHI:R' McLENDON & MURRELL, P.C. ENGINEERS~ ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CENT ' D. ) IN WITNESS WHEREOF, the parties hereto have and seals the day and year first above written. TOWN OF SOUTHOLD set their hands (TOWN SEAL) (SEAL) STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) On the ~[,.,day of~ ~ ~ , 19~, before me personally came~/~. ~L~~, to me known, who being by me duly sworn, did depose and say that he/she is the duly elected SUPERVISOR of the TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, NEW YORK, and that at a meeting of the Town Board of the Town of Southold, duly held on the~7~ day of ~/~z~ , 19 ~, the said Board, also acting in its capacity as the Governing Body of the Town of Southold, authorized the said SUPERVISOR to execute all and any contracts on behalf of the Town; that he/she knows the seal of said Town, and that the said Town seal affixed to the foregoing instrument is its corporate seal; that it was affixed thereto by order of the said Board, and that he/she signed his/her name thereto by order of said Board and executed the said instrument on behalf of the said Town by like order and authority. PUBLIG~ NOTARY C-23 HOLZMACHER, McLENDON & MURRELL, P~C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS end SURVEYORS CONTRACT (CONT'D.) ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) COUNTY OF ) ss: On this ~5~ day of ~ , 19q~, before me personally came and appeared ~I_~ ~~% , to me known, who by me being duly sworn, did depose and say that he resides at }q ~i~10~,~O~ ~ that he is the the Corporation described in and which executed the foregoi'ng instrument, that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal, that it was so affixed by order of the Directors of said Corporation, and that he signed his name thereto by like order. NOTARY PUBLIC C-24 ~ GR©UP HOLZM^C.ER, UOLE~DON & UURR~LL, ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT' D. ) ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) ) COUNTY OF ) On this day of , 19 , before me personally came and appeared , to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said form. NOTARY PUBLIC C-25 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Ha]], 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 30, 1996: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Don Patanjo Cesspool Service Corp., Brookhaven, N.Y., at a price of $.053 per gallon for furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 1,420,000 gallons of scavenger waste from the Southold Scavenger Waste Treatment Facility to an approved disposal location for an eight (8) month contract period between May 1, 1996 to December 31, 1996; and be it FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized and directed to execute a contract between the Town and Don Patanjo Cesspool Service Corp. to accomplish the' removal, transportation and disposal of scavenger waste from the Scavenger Waste Treatment Facility, all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk May 1, 1996 JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 30, 1996: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Don Patanjo Cesspool Service Corp., Brookhaven, N.Y., at a price of $.053 per gallon for furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 1,420,000 gallons of scavenger waste from the Southold Scavenger Waste Treatment Facility to an approved disposal location for an eight (8) month contract period between May 1, 1996 to December 31, 1996; and be it FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized and directed to execute a contract between the Town and Don Patanjo Cesspool Service Corp. to accomplish the' removal, transportation and disposal of scavenger waste from the Scavenger Waste Treatment Facility, all in accordance with the approval of the Town Attorney. Southold Town Clerk May 1, 1996 I--t GROU Holzmacher, McLendon & MurrelL P.C. · II2M Associates, Inc. H2M Construction Management, Inc. · H2M Labs, Inc. 575 Broad []ollow Road, Melville, NY 117,47-51)76 1516) 756-8000 · Fax: 1516) 69,i 4122 May 6, 1996 Laury L. Dowd, Esq. Town of Southold 53095 Main Road Southold, New York 11971 Re: Scavenger Waste Treatment Plant Waste Transport and Disposal Bid SOHT 9602 - -r0'¢,2'~ 5!,2.? Dear Ms. Dowd: Enclosed please find four (4) sets of conformed contracts for the Scavenger Waste Transport and Disposal contract that our office has prepared for the Town. The bids for the project were opened by the Town on April 24, 1996 and the Town Board awarded the project to the low bidder on April 30, 1996. We recommend that after execution by both the Town officials and the contractor, that distribution of the contracts be as follows: -Town Clerk -Town Attorney -Contractor (Don Patanjo Cesspool Service Corp., Brookhaven, NY) -H2M Group If any questions arise concerning the above, please contact our office at (516) 756-8000, ext. 610. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosure cc: Town Board Judith T. Ten3' L:Wiles\CherylXgpecs~qoht9602~Dowd. Doc E N G I N E E R S A R C H I T E C T S S C I E N T I S T S Recycled Paper PLANNERS CONSTRUCTION MANAGERS SURVEYORS HoLzrnacher, McLendon & Murrell, P.C. - II2M Associates, Inc. H2M Construction Management. Inc. · H2M Labs, Inc. (516) 756-8000 - Fax: 1~161 May 6, 1996 Laury L. Dowd, Esq. Town of Southold 53095 Main Road Southold, New York 11971 REQ IVED 1996 Soul'old Town CJer!~ Re: Scavenger Waste Treatment Plant Waste Transport and Disposal Bid SOHT 9602 Dear Ms. Dowd: Enclosed please find four (4) sets of conformed contracts for the Scavenger Waste Transport and Disposal contract that our office has prepared for the Town. The bids for the project were opened by the Town on April 24, 1996 and the Town Board awarded the project to the low bidder on April 30, 1996. We recommend that after execution by both the Town officials and the contractor, that distribution of the contracts be as follows: -Town Clerk -Town Attorney -Contractor (Don Patanjo Cesspool Service Corp., Brookhaven, NY) -H2M Group If any questions arise concerning the above, please contact our office at (516) 756-8000, ext. 610. Ve~ truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosure cc: Town Board Judith T. Terry E · G I N E E R S A g C H I T E C I' S S C ! £ ~ r I s T S Recycled paper Holzmacher, McLendon & Mur~ell, P.C. o II2M Associates, Inc. H2M Construction Managernent, Inc. · H2M Labs, Inc. 575 Broad Holloxx Road, Melville. %T 117~--~o70 (516) 756-8000 · Fax: (510) 69+ql22 May 6. 1996 Laury L. Dowd, Esq. Town of Southold 53095 Main Road Southold, New York 11971 Pxe~ Scavenger Waste Treatment Plant Waste Transport and Disposal Bid SOHT 9602 Dear Ms. Dowd: Enclosed please find four (4) sets of conformed contracts for the Scavenger Waste Transport and Disposal contract that our office has prepared for the Town. The bids for the project were opened by the Town on April 24, 1996 and the Town Board awarded the project to the low bidder on April 30, 1996. We recommend that after execution by both the Town officials and the contractor, that distribution of the contracts be as follows: -Town Clerk -Town Attorney -Contractor (Don Patanjo Cesspool Service Corp., Brookhaven, NY) -H2M Group If any questions arise concerning the above, please contact our office at (516) 756-8000, ext. 610. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosure cc: Town Board Judith T. Terry L:Wilea Ch~yl~S pcca~Soh~602XDowd. Doe Holzmacher, McLendon & Murr~ll, P.C. · 1t2M Associates, Inc. H2M Construction Management. Inc. · H2M Labs, Inc. 575 Broad Hollow Road Nle!xille, N%' 11-4--50-o (516) 756-80)0 * Fax: ~ ~1o~ 1~9404122 April 29, 1996 Supervisor Jean W. Cochran Town of Southold 53095 Main Road Southold, New York 11971 RECEIVED MAY 2 1996 Re: Scavenger Waste Treatment Plant Waste Transportation and Disposal Bid SOHT 9602 Dear Supervisor Cochran: Bids were opened at Southold Town Hall on April 24, 1996 for the contract entided "Removal, Transportation and Disposal of Scavenger Waste from the Scavenger Waste Treatment Facility." A total of two (2) contractors submitted bids for the project. I have enclosed a copy of the bid tab summary sheet for the bid opening which includes the itemized cost breakdo~ submitted by the contractors. I have reviewed the information (i.e., bid forms and references) submitted by the contractors and fred them to be in order. The low bid of 5.3 cents per gallon was submitted by Don Patanjo Cesspool Service Corp. of Brookhaven, New York. The project references submitted by Patanjo as part of the bid have been contacted. Each of the reference sources spoke highly of the quality of work conducted by Pantanjo and as you are aware, they currently haul sludge for the Village of Greenport and haul scavenger waste on an emergency basis for the Town of Southold. I understand that Patanjo did not submit a bid bond or certified check with their bid documents. The bid bond or certified check in the mount of approximately $3,800.00 would be used as collateral by the Town to insure that the Iow bidder signs a contract with the Town. Based on my phone conversation with Don Patanjo (President), his firm intends to sign a contract with the Town at the bid prices specified and therefore I recommend that his bid not be rejected based on this informality. Nh'. Patanjo also stated that the requirement of a $25,000 performance bond to carry out the work is considered excessive and should be eliminated. The purpose of the performance bond in a services GROUP Supervisor Jean W. Cochran April 29, 1996 Page 2 contract is to cover any additional cost if the prima~ contractor cannot complete the job. In the instance of a hauling contract, a replacement contractor could be found very quickly at little or no additional expense to the Town. The performance bond would normally be submitted by the contractor at the time of the signing of the contract with the Town. Based on the above information, it is our office's recommendation that the above contract be awarded to Don Patanjo Cesspool Service Corp. at the itemized prices specified in the bid tab summary sheet. I also recommended that the Town review the performance bond requirement of the draft contract and revise it to more accurately reflect the nature of the hauling contract. The total annual cost for the transport and disposal of the scavenger waste under this contract would be adjusted based on the total volume of scavenger waste transported annually from the facility. The contract for the project wh/ch the contractor will sign contains the provision for the Town to terminate the contract on 30 days notice if the Town determines that a more cost-effective alternative is available. Under separate cover, I will provide recommendations for the Town to pursue in comparing alternative treatment/operations/trucking arrangements for the scavenger waste treatment facility. If any questions arise, please contact our office at 756-8000, Ext. 610. Very maly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosures Town Board (w/encl.) Laury L. Dowd, Esq. (w/encl.) Judith T. Ten3.' (w/encl.) INDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT NO. OF PAGES I- 1 Page NB - 1 Page IB - 5 Pages QB - 1 Page P-A thru P-D BRI/ILL - 1 page GC - 6 pages 13219 - 3 pages C - 26 pages GWD/cdr 4/96 SOHT 9602 I-1 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 11:00 a.m., Prevailing time on Wednesday, April 24, 1996, at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO.: SOHT 9602 A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the TOWN OF SOUTHOLD will be required for a set of specifications. INSTRUCTIONS TO BIDDERS, FORM OF PROPOSAL, FORM OF CONTRACT, AND SPECIFICATIONS, etc., may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971, at, er 11:00 a.m, Prevailing time on Thursday, April 11, 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the ~ ~ ~,~,~,- ~fa The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Scavenger Waste Transport", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, fi'om which the Town of Southold is exempt. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK DATED: April 5, 1996 SOHT 9602 NB - I of 1 ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS SCIENTISTS PLANNERS and SURVEYORS 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, PROJECT NO. SOHT 9602, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereo£ 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 specifications prepared by Holzmacher, McLendon & Murrell, P.C., 575 Broad Hollow Road, Melville, New York 11747, dated April 6, 1996. 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 SOHT 9602 lB - I 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 satis~ themselves by personal examination of the location of the proposed work, and by such other means as they may choose, as to the actual conditions and requirements of the work and the accuracy of the estimate of the Engineer, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Engineer, 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 Engineer. 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. lB - 2 ~ GROUP HOLZMACHI:R, McL~:NDON & MURREL~-, P.C, ENGINE£RS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS 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 0~0 ~'~ 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 so tisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond att iched hereto, duly executed by the bidder as principal and having as surety thereon a surety comp ny approved by the Town, in an amount not less than five percent (5%) of the amount of the bid of_~tr~ ¢c~t. 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. CONSENT OF SURETY In addition to the cash, checks or bid bonds for bio security, each bid must be accompanied by a bid letter from a surety company agreeing, in the event of the award of the Contract, to furnish a Performance Bond and Labor & Material Payment Bond each c,f a facc ^ nn0z ..~,~. ......... ~-~-- ~-: *'.a C'r 13. 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. IB - 3 ~ G~OUp HOLZMACHER, McLENDON & MURREL ENGINEERS. ARCHfTECTS SCIENTISTS, PLANNERS and SURVEYORS INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 14. PERFORMANCE, LABOR & MATERIAL PAYMENT lg ,. Simultaneously with his delivery of_the execu .~Contract, the su~c,ce,ssful bidder must deliver to the Town executed bonds in the'amount of ~w~2~,~ z,f :~c aczcb;c,~ v;,, as a security for the faithful performance of his Contract AND for the payment of all persons performing labor or furnishing materials in connection therewith, prepared on the Standard Form of Bond of the American Institute of Architects A-311 and having as surety thereon such surety company or companies as are acceptable to the Town and as are authorized to transact business in the Sate of New York. 15. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 16. 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. 17. 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. 18. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTING HIS BID. lB - 4 ~ GROUP HOLZM^CHER, McLENDON & MURRE~.~, P.C. ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 19. SPECIFICATIONS FEE The Twenty-Five Dollars ($25.00) fee for each set of specifications is non-refundable. 20. 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, as shown in the Wage Schedule and Prevailing Rate Schedule, either shown on the following pages or the current prevailing rates paid at the time of performance. IB - 5 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): FIRM NAME: ADDRESS: SIGNED BY: TITLE: SOHT 96O2 QB- 1 CONTRACTOR: CLIENT: DA PRICE: RGM Liquid Waste Removal 972 Nicolls Road Deer~ Park, NY 11 729 See Below See Below See Below Corpora ti on BRIEF DESCRIPTION OF WORK: Sludge, grit and screenings removal transportaion and disposal. CUSTOMERS: PRICE PERIOD City oi Great Neck $200,000/Yr 1990 - 1993 Inc. Village o~[ Great Neck $100, 000lYf 1988 - 1993 Cedmr Creek Sewage Tremtment Plant $100,000/Yr 1990 - 1991 Town oi Oyster Bay Si 40, 000/Yr 1 989 - 1990 i)ROJJ,;C~~ : CONTRACTOR: CLIENT: LOCATION: D A'iTtq : PRICE: Landfill Leachatc i)isI~sal RGM Liquid Waste Removal Corporation Various - Listed Below Suffolk County See Below See Below BRIEF DESCRIPTION OF WORK: Landfill leachate disposal. DETAILED DESCRIPTION OF WORK: Annual contracts for pumping and disposal of landfill leachate from: TOWN OF ISLIP HAUPPAUGE LANDFILL - $275,000/Yr, 1989-1990 TOWN OF BROOKHAVEN LANDFILL - $225,000/Yr, 1987-1988 Contract #5544 - 1991-1993 TOWN OF BABYLON LANDFILL - $350,000/Yr, 1990-1993 Contract #90G174 110 SAND (PRIVATE) $564,000 (3 Years) 1987-1990 Project : Contractor: Customer : Location : Date : Price : Contact : Brief Description of Work: OWLS HEAD WATER POLLUTION CONTROL JOHN P. PICONE INC. 31 GARDEN LANE LAWRENCE, NEW YORK 11559 NYC DEPARTMENT OF ENVIRONMENTAL PROTECTION BROOKLYN, NEW YORK 12/90 - 4/91 Approximately $900,000 John Picone Cleaning and disposal of tanks and chemicals. TV Inspection and line cleaning. DETAILED DESCRIPTION OF WORK: RGM furnished all equipment, tools and labor required to clean and dispose of entire contents of existing tanks, pits and channels consisting of sludge, gr~t, floatables, scum and spent activated carbon. The tanks and channels were cleaned utilizing vacuum loaders, hydraulic pumps, pump trucks, backhoes, bulldozers and miscellaneous tools. Approximately 12,000 yards were removed or dewatered. Solids were transported by RGM to Fish Kills Landfill in Staten Island. Liquids were pumped back into active part of treatment facility. The work accomplished over a three and one half month period. PROJECT: CONTRACTOR: CLIENT: LOCATION: DATE: PRICE: CONTACT: BRIEF DESCRIPTION OF WORK: N.Y.C.D.E.P. Grit Removal Contract #89? ADM RGM Liquid Waste Removal Corp. NYC Department of Environmental Protection Various WPCP's throughout NYC 897ADM 8/93 7/96 $8,686,434.00 Anthony Maracic (718) 595-5047 Removal of grit screenings, sludge and floatables from Digester Tanks at various WPCP's screenings, sludge WPCP's throughout opening manholes, dewatering sludge DETAILED DESCRIPTION OF WORK: Furnish all labor, equipment and material to remove all grit, and floatables from Digester Tanks at various New York City. Cleaning is accomplished by venting tanks, pumping out contents and with'portable belt presses. Liquids are then pumped back to head of plant and dewatered sludge is transported in permitted dump trailers and disposed at approved facilities out of state. Tanks are then flushed and inspected. PROJECT: CONTRACTOR: CUSTOMER: LOCATION = DATE: PRICE: CONTACT-' Beraen Point STP CONTRACT J16-94.5.25 RGM Liquid Waste Re~oval Co_rporation Suffolk County De_Dal~cment of Public Works Suffolk County 1994-1996 Sl.286.000.00 Bob Carballe~ra (516~ 852-4103 BRIEF DESCRIPTION OF WORK: Re~ovel. trarm~ortat[onand die~UOeal of ~ludge cake, DETAILED DESCRIPTION OF WORK: Supplied all labor and equipment to remove and dispose of sludge cake, ash and grit from the Bergen Point Sewage Treatment Plant. Material was transported to Brookhaven Landfill. PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: SOHT 9602 P-A ~ GI,~OUP .OLZMACHER, McLENDON & MURRELL, .C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION/,ND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: April 24, 1996 TIME: 11:00 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 PROJECT NO. SOHT 9602 in strict accordance with the contract documents for: ITEM I - Scavenger Waste Removal and Transport to an Approved Disposal Location /, Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately-tx4-207000-'gallons of scavenger waste to an approved disposal location for an eight (8) month contract period between May 1, 1996 to December 31, 1996, PRICE PER GALLON ~'~,,0~_~~ ~'/Pr~' DOL S DOLLARS ($ ($ q/, ye2. ITEM 2- Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 3784,q~4~gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between January 1, 1997 to December 31, 1997. The Town will notify the contractor within the 90 day period prior to expiration of Item I if it will select this alternate bid. PRICE PER GALLON 5'/~ ,~ gT~' -~' ~ .-;i;~~, (-O,~- _($ (?, 6)63'7~ ) DOLLARS SOHT 9602 P-B (1 OF 3) HOLZMACHER, McLENDON & MURREL~, P,C. ENGINEERS, ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY B1D DATE: April 24, 1996 TIME: 11:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION FACILITY NAME: FACILITY ADDRESS: FACILITY CONTACT PERSON: FACILITY CONTACT PHONE ~ER: TOTAL BID (SUM OF ITEMS I AND 2) TOTAL /~Sz~O ,~ 7'J/Irtr~,o ~/d,~_6,~ .~0 /~',,,~/d-~,,,t,o ~ ($~/~ ¢~?,O7 ) Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and dispose~ o~ Work must co~ence within five (5) consecutive calendar days after notice to proceed. ' ~ ~~ ~8~ ~'~a~s~ The ~wn here~ese~es the right to select the Total B~d or reject a b~d ~f a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF EIGHT (8) MONTHS UNDER ITEM 1, A PERIOD OF TWENTY (20) MONTHS UNDER THE ALTERNATE BID ITEM 2. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN OF SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. P-B (2 OF3) ~ GI,~OUP HOLZMACHER, McLENDON & MURREL~_ C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS 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: April 24, 1996 TIME: 11:00 A.M. THE UNDERSIGNED HEREBY FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. ACKNOWLEDGES RECEIPT DATED OF THE ADDRESS: .A./d, z, ~ SIGNED BY: TITLE: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: (~bJ O:{, *V,W.Z.EMERGENCY: $.0-m ~ P-B (3 OF 3) ENGINEERS. ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS PROPOSAL Enclose certified check or bid bond for five percent (5%) of the bid total as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such netice 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 for the full amount of the Contract price, 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: NAJVlE ADDRESS NAME 0F BIDDER ~6~ Z-(~)uttO BUSINESS ADDRESS OF BIDDER: DATEDAT: ~ THE g~, DAYOF ~1,~,~., 199_~ SOHT 9602 P-C . ~..,-,.~'"~' GROUP HOLZMACHER, McLENDON & MURREL,, P.C. ENGINEERS. ARCHITfiCTS SCIENTISTS PLANNERS and SURVEYORS PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting competition as to any matter relating to such prices; (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: ~-z3 ,1996 Respectfully submitted, FIRM ADDRESS: TITLE ~/c~ 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 SOHT 9602 P-D THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW AT,T, MEN B~ ,,~._~R. PIq~HENTS, that we R.G.M. LIQI//D ~iAb~i'E RE~DVAL OORPOlqATION 972 NICOT~.q I~]AD D~ PARK, NEW YORK 11729 (Here insert full na~e a~d address or legal title of Contractor) Mm'm~O PARK III - 399 ~!4ORNAT~, STRk~i' 8q5{ FIX]OR (Here imsert full name and address or Legal title of Surety) EDISON, NEW d~EY 08837-2238 a corporation duly ozg~_nized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, ar~ held and firmly bound unto TOWN OF SO3I~OLD 53095 MAIN STP~EET (Here insert full name and address or legal title of 0~ner) SOU~qOLD, NEW a~SEY 11971 as Obligee, he_~ei~after called the Obligee, in the sum of FIVE PERCENT OF THE AMOUNT BID 5%TDER ITEM 1 OF THE PROPOSAL ...................... Dollars ($ 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, fi_~mly by these presents. ~-~EREAS ~ the Princi~Da_~ h~ ~3J~i~.J~d a bid for (Here insert full name, address and descriptio~ of project) SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT & DISPOSAL PROJECT SOHT 96-02. NOW~ THEI~.EFORE~ if the obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the 0bli§ee in accordance with the ter~ of such bid, and give such perd or bords as may be specified in the bidding or Contract 0OCL~e~tS with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract ar~ give such b~ or b<~, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the a~Jn~ specified in said bid and such larger amot~t for which the 0bligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to r~l~in in full force and effect. Signed and sealed this 24TH day of APRIL 19 96 (Witness) T~EREsA J. S't.'uzl~ (Witness) (surety) (sea}_) ETFANOR DC(/DSIqA, (Title)Attorney-in-fact AIA DC~'IIMENT A310 · BID ~DND · AiA @ · ~gARY 1970 ED · THE AMERICAN INSTTTtrfE OF ARC~-LrrECrS, 1735 N.Y. AVE., N.W., WASIEENGTON, D.C. 20006 Corp. Ack. STATE OF ~ ss.: COUMTY OF On this ...................................................... day of ..................................................................... 19 ............. before me personally came to me known, who, being by me duly sworn, did depose and say; that he resides in ................................................................................................................ that he is the_ ................................................................................................................. of the. ................. .R..~.~.~.~....,.L!.Q~...~....~.,_~9..v.....A~.,._.~.QF~.:. ........................... the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. (Seal) Corp. Ack. STATE OF ~ YORK SS.: COUNTY OF blASSAO On this ..................... .~..t....h .................... day of. ............ .~P~:~ .......................................... 19....~.6.., before me personally came Er.£A~IOR DOIIDERA to me known, who, being by me duly sworn, did depose and say; that he resides in....._.8~.LK...G0.IIlq'ff~ NY ................................................................................................................. that he is the ............. .A..~-R~.~.~-X...--..~..-z.F-~...~.... ...................................................... of the. .......... ~.......~...g~_.~........C.~ ....................................................... the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. ,~,, ~,~,,oo, s-, ¥~ (Seal) co~.~a~,~. ~-- / REL][~NCE SURETY COMPA1N~ uNrrED PACIFIC INS[TRANCE CO1VIP.~Y RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE. PHILADELPHIA. PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is a ~orl3oration duly organized u~der the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are comerafions duly organized under the lawl of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is e corporation duly organized under the laws the State of Wisconsin (herein collectively called 'the Companies") and that the Companies by virtue of signature and seals do hereby make. constitute and appoint Anthony J. Romeno, E~Ianor Doudera. Thamae I~Ian, Fred NichoiIon, Gerard S. Maehoiz., of Uniondaie. New Yo~k their true and lawful Attorney(s}-in-Fact. to make, execute, seal end deliver for and on their behalf, and as their act and deed any and all boild, and undertakings of aurewIhlp and to bind the Companies thereby as fully and to the same ex%ant as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-ir~Fact may do in pursuance he~eof. This Power of Attorney is granted under and by the authodW of Article VII of the By-Laws of RELIANCE SURETY COMPANY. RELIANCE tNSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows.' AflTI C[.JE 'vlI . [XEC/JTION OF 8OND$ AND UN O EflTAFJN I~ IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 28. TANNY SU=- K..A,¥ATt. No~ty P~.~IIc / of Pni:~ Notary Public i~'eDd for the State of PHILADELPHIA, PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31, 1995 ASSETS Cash and Bank Deposits** ............................................................................................................ $ 15.038,849 Securitie= ...................................................................................................................................... 3,557,803,779 Premium Balances (Under 90 days) ............................................................................................. 35,149,g41 Accrued Interest and Dividends ................................................................................................... ~ 38,4?9,852 Federal income Taxes .................................................................................................................. 22.493,621 Other Assets ................................................................................................................................. 1.640.089.71~z. Total Admitted Assets ........................................................................................................... $ LIABILITIES Losses and Loss Adjustment Expense ........................................................................................ $ 2,516,051,613 Unearned Premiums ..................................................................................................................... 725,475,276 Other Taxes .................................................................................................................................. 6,4.44.939 Other Liabilities ............................................................................................................................. 925.820.163 Total Liabilities ...................................................................................................................... $ ~.173.791.991 CAPITAL AND SURPLUS Capital Paid Up ............................................................................................................................ $ 44,586,703 Surplus ......................................................................................................................................... 1,087,677,112 Total Policyholders' Surplus ................................................................................................. 1,132,~¢3,815 Total Liabilities, Capital and. Surplus .................................................................................... $ 5~306~055~806 State of Washington ) SS. County of King ) Lawrence W. Carlstrem, being duly sworn, says: That he is Vice President af the RELIANCE INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the Jaws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said commonwealth applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duJy qualified to act as surety under the Act of Congress of September 13, 1982, as amended (31 U.S.C. §9301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31st day of December 1995. Sworn to me this 18th day of March 1996, V'~ce President BDR-1421 3/96 :~{etiance Surer' Reliance April 24, 1996 Town of Southold 53095 Main Street Southold, New York 11971 RE: RGM LIQUID WASTE REMOVAL CORP. PROJECT: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT & DISPOSAL PROJECT, SOHT 96-02 E.C.P.: $250,000.00 Gentlemen: The undersigned, RELIANCE INSURANCE COMPANY, is prepared to execute the required 100% Performance and Payment Bonds if the above named RGM LIQUID WASTE REMOVAL CORP. is awarded the captioned contract. This obligation is contingent upon principal and surety's review and approval of the contract terms and the obligee arranging financing satisfactory to principal and surety. This commitment expires sixty (60) days from this date. RELIANCE INSURANCE COMPANY ELEANOR DOUDERA ATTORNEY-IN-FACT ]~I~.I,IANCE SURETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE. PH)LADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. that RELIANCE SURETY COMPANY is e corporation duly organized under the laws of the Stele of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY. are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seels do hereby make, constitute and appoint Anthony J. Romano, Eleanor Doudera, Thomae Bean, Fred Nich~on, Gerard S. MachoJz., of Uniondale, New York their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bondB and undertakinl~ of Burety~hip and to bind the Companies thereby as fulty and to the same extent as if such bonds and undertakings and other wdtings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By-Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY. UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in furl force and effect, reading as follows: ~RTICLE Vii - EXECUTION OF BONDS AND UNDERTAK~IG$ IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this March 28, 1996. KELIANCE SU]P, ETY COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY STATE OF Pennsylvania } COUNTY OF Philadelphia } ss. On this. March 28, 1996. before me, Tammy Sue Kayati, personally appeared David T. Akers, who acknowledged himself to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto eat my hand end official ~e~. TAMMY SUE KAYAll. Iqo~' P~hllC ~ Pubhc a' for the State of ~e{nnsylvania c~ of .~:!ad.,'~,i=. Fni:~,Co~nf~, I Residing at' ~il a~elbhia , My Commission Ex,;res Jul~ P.O~ II~8 _ ! I, Anita Zippert, Secretary of RELIANCE SURETY COMPANY. RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNrTY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24~:~y of ~ 19 96 . G Q ~ ~ Secretary INSURANCE COMPANY PHiLADELPHiA, PENNSYLVANIA FINANCIAL STATEMENT DECEMBER 31, 1995 ASSETS Cash and Bank Deposits ............................................................................................................. $ Securities ...................................................................................................................................... Premium Balances (Under 90 days) ............................................................................................. Accrued Interest and DIvidends ................................................................................................... Federal Income Taxes .................................................................................................................. Other Assets ................................................................................................................................. 15,038,849 3,557,803,779 35,149,941 35,479,832 22,493,621 1.640.089.784 Total Admitted Assets ........................................................................................................... $ 5~306~055.806 LIABILITIES Losses and Loss Adjustment Expense ........................................................................................ $ 2,516,051,613 Unearned Premiums ..................................................................................................................... 725,475,276 Other Taxes .................................................................................................................................. 6,444.939 Other Liabilities ............................................................................................................................. 925,820.163 Total Liabilities ...................................................................................................................... $ 4 173 791 991 CAPITAL AND SURPLUS Capital Paid Up ............................................................................................................................ $ 44,586,703 Surplus ......................................................................................................................................... !,087,677,112 Total Policyholders' Surplus ................................................................................................. 1,132.263,815 Total Liabilities, Capital and Surplus .................................................................................... $ 5~306~055~80~ State of Washington ) SS. County of King ) Lawrence W. Carlstrom, being duly sworn, says: That he is Vice President of the RELIANCE INSURANCE COMPANY; that said company is a corporation duly organized, existing, and engaged in business as a surety by virtue of the Jaws of the Commonwealth of Pennsylvania, and has duly complied with all the requirements of the laws of said commonwealth applicable to said company and is duly qualified to act as surety under such laws; that said company has also complied with and is duly qualified to act as surety under the Act of Congress of September 13, 1982, as amended (3t U.S.C, {}9301 et seq.); that the foregoing is a full, true and correct statement of the financial condition of said company on the 31st day of December 1995. Sworn to me this 18th day of March 1996. Janis J, C4oss~and, Notary Pub~, State of Washington, County o! ~3ng. My Commis.~ion Expires Februa~ 5, 20DO. Vice President BDR-1421 3/96 Corp. Ack. STATE OF NE~ YORK ~ SS. COUNTY OF NASSAU On this .................. .~.~ .................. day of ......... ~pr~ ........................... 19 .?~.., before me personally came ELEANOR DOlYl)F-RA to me known, who, being by me duly sworn, did depose and say; that he resides in....... - · ~ ATTORNEY-IN-FACT ......................................................................................................... that ne is one of the ......... RE~!~N~E ..[I~C~...{;0~ ........................... the corporation desc~bed in and which executed the a~ve instrument; that he knows the seal of said corporation; tMt the s~l affixed ~ ~id instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said cor- poration, and that he signed his name thereto by like order. (Seal) Q~' =~-=~1~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS ADDENDUM NO. 1 TOWN OF SOUTHOLD REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY PROJECT SOHT 9602 DATED: APRIL 18, 1996 This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated April, 1996, as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal. Failure to do so may subject Bidder to disqualification. CHANGES TO SPECIFICATIONS 1) Notice to Bidders Page NB-1 of 1, 4th paragraph Delete: Each bid shall...five percent (5%) of "the total bid." Add: Each bid shall...five percent (5%) of"the amount bid under Item I of the proposal." 2) Instruction to Bidders/Wage Rates Page IB-3, Section 11. - Bid Security Delete: Each bid shall...five percent (5%) of the amount "of the bid plus all items of extra cost." Add: Each bid shall.., five percent (5%) of the amount "bid under Item 1 of the proposal." 3) Instruction to Bidders/Wage Rates ~'Page IB-3, Section 12. - Consent of Surety Delete: In addition to...Material Payment Bond "each of a face value of 100% of the amount of the bid." Add: In addition to...Material Payment Bond "in the total amount of $25,000." Instructions to Bidders/Wage Rates Page IB-4, Section 14. - Performance, Labor and Material Payment Delete: Simultaneously with his...bonds in "the amount of 100% of the accepted bid." Add: Simultaneously with his...bonds in "the amount of $25,000." SOHT 9602 A-1 ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS ADDENDUM NO. I 5) Proposal Page P-B (1 of 3) Item 1 Delete: Furnishing all labor...dispose of approximately "1,420,000 gallons." Add: Furnishing all labor...dispose of approximately "1,428,900 gallons." 6) Proposal AAge P-B (1 of 3) Item 2 . lete: Furnishing all labor...dispose of approximately "1,845,000 gallon.s. d: Furnishing all labor...dispos, e of approximately "1,926,850 gallons. 7) Proposal Page P-B (2 of 3) Paragraph 1 ,,/Add: Unit prices bid...notice to proceed. "The contractor shall be reimbursed based on the total volume of scavenger waste removed and disposed of at unit prices stated in Item 1 and Item 2" 8) Proposal Page P-C Paragraph 1 ~Aelete: Enclose certified check...flve percent (5%) "of the bid total." dd: Enclose certified check...five percent (5%) "of the bid total for Item 1." 9) Section 13219 - Scavenger Waste Removal, Transportation and Disposal Part 3 - Execution Section 3.1 - Removal o£ Scavenger Waste; Subsection A Delete: The contractor shall...remove approximately "12,000 gallons per week...July, August and September." Add: The contractor shall...remove approximately "20,000 gallons per week during the month of February; approximately 25,000 gallons per week during the month of January; approximately 30,000 gallons per week during the months o£ March, October and December; approximately 35,000 gallons per week during the months of September and November; approximately 40,000 gallons per week during the month of April; and approximately 50,000 gallons per week during the months of May, June, July and August." 10) Contract I/ , ',~9~ete: ' page C-1 through C-26" t/Add: "pages C-1 through C-15" as attached *** END OF SECTION *** SOHT 9602 A-2 This Agreement made on the day of , 1996 by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at 53095 Main Road, Southold, New York, hereinafter called the "Town" and hereinafter called the "Contractor". WlTNESSETH: WHEREAS, Contractor has submitted to the Town a bid dated 1996 ("Bid") in response to the Town's Bid Solicitation for Removal, Transportation and Disposal of Scavenger Waste Services dated and , 1996, ("Solicitation"); WHEREAS, the Town Board of the Town of Southold by resolution # adopted on , 1996, authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: 1. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT The term of this Agreement shall be eight (8) months commencing on May 1, 1996 and ending on December 31, 1996. The Town shall have the option to extend these services C-1 from January 1, 1997 to December 31, 1997 by notifying Contractor within the 90~day period prior to December 31, 1996 of Town's intent to select Contractor's alternate bid. The Town may terminate this agreement for any reason upon 30 day's written notice to Contractor. IV. PRICE SCHEDULE/COMPENSATION The unit bid price schedule for the services to be furnished by Contractor is found in the Contractor's bid which is incorporated into this Agreement. V. PAYMENTS A. The Contractor shall receive monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of gallon- age hauled by Contractor to a Disposal Site and disposed by Contractor at a Disposal Site as applicable. At the same time, Contractor shall provide Town with copies of receipt slips for each delivery at a Disposal Site. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by Contractor or to protect the Town from loss on account of any claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of scavenger waste to be handled by Contractor during the term of this Agreement. C-2 B. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by Contractor. C. Contractor represents that the information furnished by Contractor in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the Contractor subcontracts twenty-five percent (25%) or more of its work hereunder, Contractor shall submit to the Town an MBE and a WBE Utilization Plan, prior to execution of this Agreement. E. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's waste for any reason (including failure to obtain or maintain necessary permits or licenses), Contractor shall be responsible for providing to the Town an alternative Disposal Site for the Town's use at no additional cost to the Town, and shall indemni~j the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal C-3 Site(s), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's em- ployees or agents who may seek to hold the Town liable therefor. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which, in the opinion of the Town, constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and maintain the insurance described in the Solicitation for a period commencing on the date of this Agreement and termination no earlier than three (3) months following termination of services under this Agreement. All C-4 such insurance cover-age shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty (30) day's written notice has been given to the Town. All such insurance shall be issued by a company duly authorized to transact business in the State of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under the foregoing indemnification. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: (1) Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (a) Workers Compensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. C-5 (b) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: (i) Independent Contractor's Protective Liability Covering work performed by subcontractors. (ii) Completed Operations or Product Liability. (iii)Contractual Liability. (iv) Broad Form Property Damage. (v) Personal Injury. NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: $1,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000.00 (c) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Each Occurrence $1,000,000.00 C-6 D. Contractor shall, for the period of the performance of services hereunder, main- tain a Performance Bond in the amount of twenty-five thousand dollars ($25,000.) as security for the faithful performance of his contract and for the payment of all persons furnishing labor and materials, wherein named obligee is the Town of Southold. The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety. VIII. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town's or the Contractor's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncon- trollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or Disposal Site), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts C-7 (2) (3) (4) of public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; the failure of any appropriate federal, state, county, town or local public agency or private utility having jurisdiction in the areas in which the Scavenger Plant or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power trans-mission lines which are required for the operation or maintenance ~f the Scavenger Plant or Disposal Site; governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Scavenger Plant or Disposal Site; and the presence of hazardous waste upon, beneath or migrating from the Scavenger Plant. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site; (d) equipment failure; (e) any impact of prevailing wage law, customs or practices on the Contractor's costs; (f) any act, event or circumstance occurring outside of the United States; or (g) any change in law or in the permit conditions or status of the Scavenger Plant Disposal Site or alternate Disposal Site. C-8 IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the Town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting therefrom shall be borne exclusively by Contractor. XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed by the Town Supervisor, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES = DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT C-9 For the purposes of this Section: A. DIRECT LABOR COST shall include hourly wages, including overtime pre- miums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services. The costs for such materials shall not include sales tax for any materials which constitute personal property incor- porated into the structures, buildings, or real property of the Town since such personal prop- erty is exempt from taxation under Section 1115 of the New York State Tax Law. C. OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material costs. D. PROFIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead. XII. LIOUIDATED DAMAGES Time is of the essence in terms of prompt disposal of scavenger waste. The Contractor must respond within five (5) calendar days to notification by the Town of a need to remove scavenger waste. If the Contractor does not perform the work within five (5) calendar days of notification, the Contractor will be subject to liquidated damages in the amount of three hundred fifty dollars ($350.) per day for each and every day beyond the initial 5-day period. C-10 XIII. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In the event that Contractor submits a Bid for a Disposal Site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Solid Waste Disposal Site at no additional cost (disposal plus any addi- tional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site on or after the commencement date shall constitute a breach of this Agreement. The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town C-Il incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conduc- ted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceed- ings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. XVII. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. C-12 D. To the extent of any inconsistency among the documents constituting the agree- ment of the parties, the priority among those documents shall be: 1. This Agreement; 2. Exhibits hereto; 3. The Solicitation including Appendices; 4. Contractor's Bid. E Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and Contractor, its employees or agents, will neither hold themselves out nor claim to be an otticer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. C-13 XVIII. H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. These requirements shall include but not be limited to the following: employment; upgrading, demolition or transfer; recruitment or recruitment advertising; layoff or termina-tion; rates of pay or other forms of compensation; and selection for training. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: If to the Town: With a copy to: Supervisor Jean W. Cochran Southold Town Hall 53095 Main Road Southold, NY 11971 Laury L. Dowd, Town Attorney Southold Town Hall 53095 Main Road Southold, NY 11971 If to the Contractor: With a copy to: C-14 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD Jean W. Cochran, Supervisor CONTRACTOR C-15 ~ HOI. ZMACHER. McLENDON & MURREI. I. P.C. 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 PAY- MENT", an "ALL RISK" Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co- insureds the CONTRACTOR, the OWNER and the ENGINEER. The origi- nal 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 and ENGINEER, 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 perfor- mance of the work described in the contract documents, but not including liability that may be due ~o the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 3. LIMITATION OF LIABILITY The Contactor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's pro- fessional negligent acts, errors, or omissions, such that the total aggregate liability of the Engineer to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the con- tract award amount, whichever is greater. BRI/ILL - 1 of 1 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 Engineer 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 Engineer. N/S GC - 1 of 6 =~.~a'4~'~ ~,~OUP HOLZMACHER, McLENDON & MURRE PC. GENERAL CONDITIONS (CONT'D.) 4.0 - INTERPreTATION OF DRAWINGS. ETC. In the event of discrepancies between Specifications, the following order shall when making interpretations: the Drawings and the be given preference (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 On all Plans, Drawings, etc., the figure dimensions shall govern in the case of discrepancy between the scales and figures. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and the Plans as construed by him, and his decision shall be final. Ail work that may be called for in the Specifications and not shown on the Plans, or work shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated in both. Should any work or material be required which is not denoted in the Plans and 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 shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. N/S GC - 2 of 6 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. Ail 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. "N/S GC - 3 of 6 ~ GROUP GENERAL CONDITIONS (CONT'D. 9.0 - RESPONSIBILITY OF ENGINEER AND CONTRACTOR DURING CONSTRUCTION The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. 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 Ail 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. Ail 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 Before the first partial payment under this Contract becomes due, the Contractor shall prepare a Schedule of Values which totals the amount of the Contract, and submit it to the Engineer for approval. The Contractor shall make such revisions as may be required to make this Schedule conform to the true value of work as jointly agreed upon by the Engineer and the Contractor. N/S GC - 4 of 6 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 for compensation or officers or agents. shall not be made on the basis of any claim damages against the Town or any of its 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 Engineers or Inspectors as unfair, it shall ask for written instructions or decisions immediately, and then fil~ 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. Ail 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 Engineer. 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 monies due or to become due the Contractor. T GC - 5 of 6 I"I~_k~G~UP HOLZMACHER, McLENOON&MURRELL, PC GENERA~ COND[T[ON$ (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 Ail 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 Engineer. 18.0 - GUARANTEE/WARRANTY The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in workmanshfp and/or materials for a period of one (1) year from the date of the final payment request, as prepared by the Engineer, except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer, at no cost to the Town. 19.0 - STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 - DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to Holzmacher, McLendon & Murrell, P.C., Consulting Engineer for the Town. T GC - 6 of 6 ~ GROUP HO, ~M^C.ER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL PART 1 - GENERAL 1.1 - SECTION INCLUDES Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 - REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the duration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 - SUBMITTALS Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Engineer, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Engineer 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 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 SOHT 9602 13219-1 ~ GROUP HOLZMACHER, MsLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS. PLANNERS ,and SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL information for the new location 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 approximatelyl~ during-the months nC D~,~e. mber, Jan~aa~B-aad-~mat~ly-4g;O00 gaiion~ pea w~ek d~n~ths O~r, No*~,,,b~ and Mmch; ~d 56,090 ~ps po~ ~ during the months ~], ~a~,, n ~o h,ly. A,,~,et ~a qop,~er t B. The Contractor shall remove the scavenger waste ~om the equalization t~ located in the southwest corner of the site. Access to the tank will be t~ough an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certil~ with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supernatant, grit, scum, and other products of biodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 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. 13219-2 ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS &nd SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL 3.2 - TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 - DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of, and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. the dis;ohs~lCo°fnttrha;ts°;aS~heanllg:;°~V~s~,dafn°ldl°c~a~l~ aHPlPl~bels~;tr~npd~rdrn~tsa, nd rA~lg~elxa;ie°nns~°sVuecr~inags ermit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 13219-3 . ~,,,,.~'~a' GROUP HOI..ZMACHER, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIeNTiSTS, PLANNERS and SURVEYORS CONTRACT CONTRACT IN QUADRIPARTITE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, acting for and in behalf of the TOWN OF SOUTHOLD (herein called the TOWN), and (herein called the CONTRACTOR). WITNESSETH, that the TOWN consideration of the premises and of and the CONTRACTOR, in the mutual covenants, con- siderations 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: and if required by the Town Engineers, Items: for the sum of: DOLLARS for the unit and/or herein. lump sum price(s) ($ ) as listed in the Proposal SOHT 9602 C- 1 GROUP .OLZM^C.ER. McLENDON & MURRELL.~P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and S~Jf:IVEYORS CONTRACT (CONT'D.) 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plans, together with any Addenda, shall form part of this Contract, and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facili- tate 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 Plans, 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 proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project, and includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term WORK PERFORMED shall be construed to include material delivered to and suitably stored at the site of the project. 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 Engineer, with the Town's approval, 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 its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. (herein called the ENGINEER). 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 C-2 GROUP Ho, M^C.ER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) 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 Con- tract 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. Aqreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer'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 Chanqes: 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 C-3 ~ GROUP HOLZM^CHER, MCLE.[~O. & MURRE ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) (2) (3) 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 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 Con- tractor 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 per- cent as full compensation for all other items of profit, costs and expenses, including admini- stration, overhead, superintendence, insurance, insurance other than Workers' Compensation Insurance, material used in temporary structures, allowances made by the Contractor to subcontrac- tors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 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 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. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. C-4 GI~OUP HO, ~M^CHER, McLENDON & MURRELL, PC. ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) The TOWN reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time° 7. 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. 8. 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 commo- tion 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. C-5 GROUP HOLZMAOHEA, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 9. CONTRACT SECURITY A. The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the total contract price as security for the faithful performance of this Contract, and for the payment of all persons performing labor or furnishing materials in connection with this Contract. B. Additional or Substitute Bond If, at any time, the TOWN shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if, for any other reason, such bond shall cease to be adequate security to the TOWN, the Contractor shall, within five (5) days after notice from the TOWN, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the TOWN. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. C. Prior to release of the Performance Bond, the Contrac- tor shall deliver to the TOWN a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the Engineer's approval of the final payment request and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the TOWN that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. 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 Insurance and Property Damage C-6 GROUP HOLZMACHER, McLENDON & MURRELL, P,C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) Contractor's Protective Property Damage Insurance Liability and Owner's (TOWN) and Engineer's Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to com- mence 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' Compen- sation 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 o~ 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-7 GROUP .OLZM^C E., McLENDON & MURREL , P.C. ENGINEERS, ARCHITECTS, SCIENTtSTS PLANNERS and SURVEYORS CONTRACT (CONT'D.) C. Liability and ProPertY Damaqe 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 Damaqe Insurance - (TOWN, and/or TOWN BOARD. TOWN OF SOUTHOLD as OWNER and/or HOLZMACHER, McLENDON & MURRELL. P.C. as ENGINEERS) - 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 and/or HOLZMACHER, McLENDON, & MURRELL, P.C., as ENGINEERS, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily injuries to, or death of, two or more persons in 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 as OWNER and/or HOLZMACHER, McLENDON & MURRELL, The coverage provided under this policy must the TOWN performs work in connection with the or in cooperation with, the Contractor or whether the same be a part of the Contract or by means of its own employees or agents, or or supervises the work to be performed by the P.C., as ENGINEERS. not be affected if project either for, as an aid thereto, separate therefrom, if the TOWN directs 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 prop- erty 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 C-8 ~ C-~I~OUP HOLZMACHI:R' McLI:NDON & MURR~:L~-, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT' D. ) (2) ($500,000.) for bodily injuries, including wrong- ful 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. 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. 11. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the TOWN with certifi-cates of each insurer insuring the Contractor or any subcontrac-tor under this Contract, except with respect to subdivision D. of paragraph 10. In respect to this paragraph, the Contractor shall furnish the TOWN with the original insurance policy and a copy to the Engineer. 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 and Engineer with any notice of cancel-lation at least ten (10) days prior to the actual date of such cancellation. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Laws, as amended, provide that no laborer, worker or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in 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 C-9 G OUP HOLZMACHER, McLENDON & MURREL~, P,C, ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS &Dd SURVEYORS CONTRACT (CONT'D.) 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 con- tract 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 certi- fied statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220B of the Labor Law, as amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or 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 Con- tractor 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. C-lO G zOUP Ho, M^CHER, McLENDON & MURREL~, P.C, ENGINEERS, ARCHITECTS SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) Section 220D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, 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 con- tracting 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 offenge 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 Com- missioner, State of New York, for this Contract, are as set forth in the INFORMATION FOR BIDDERS. Ail excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by GBL Section 761. 13. 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. C-11 GROUP HOLZMACHER, McLENDON & MURREL~, P.C, ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 14. ESTIMATES AND 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 Engineer. The Engineer will review the requisition and prepare a payment request based on the estimated amount of work performed and the quantity of materials furnished, 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 amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and 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 estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the TOWN of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the TOWN as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the TOWN by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subsequent payment. The retained amounts shall be paid as set forth in the following subsection B. B. Final: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare an approval of Final Payment Request. Thereafter the TOWN will pay to the Contractor the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. As the remaining items of work are satisfactorily completed or corrected, the TOWN shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. C. In order to secure the performance of the covenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the TOWN a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of C-12 G, OUP HO M^CHE", cLE.[ ON & MURRE P.O. ENGINEERS, ARCHITECTS SCIENTfSTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) the Engineer's approval of the Final Payment Request and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the TOWN that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. D. Measurements for Payment: The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement, and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work; but the expense of such re-measurement or re-estimating shall, unless material error be proved, be paid for by the Contractor. 15. 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. 16. CONSTRUCTION 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 Con- tractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contrac- tor 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. C-13 CONTRACT (CONT'D.) The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the con- tract documents and, in addition thereto, will furnish the Engi- neer with a detailed estimate for final payment. Prior to being eligible to receive final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State laws of filing such other reports with agencies other than the TOWN as may be required by such existing laws or regulations. 17. INSPECTION AND TESTS Ail material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the TOWN at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make tests so required safe and convenient. If, at any time, before final acceptance of the entire work, the Engineer, with the TOWN's approval, considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, with the TOWN's approval, whether or not the same shall be defective, the Contractor shall be liable for the expenses of such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work pursuant to a Change Order signed by the TOWN and the Contractor. C-14 GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. 18. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one (1) copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications, the Plans shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer, whose decision therein shall be conclusive. 19. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes shall be by Change Order executed by the TOWN and Contractor. 20. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which C-15 GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. 21. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or Foreman who shall have full authority to act for the Contractor. It is understood that such repre- sentative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 22. 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 pro- visions 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 provisions of 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 con- tract 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. C-16 GROUP HOLZMACH~:R, McLFNDON & MURRELL, P.C. SNGINEERS, ARCHITECTS SClENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) 23. PATENT RIGHTS As part of his obligation hereunder and without any addi- tional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the TOWN for any loss on account of any infringement of any patent rights, unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the TOWN in writing that such process or product is an infringement of a patent. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: A. That he is financially solvent and that he is experi- enced 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 Munic- ipal 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 construc- tion will not injure any person or damage any property; and D. That he has carefully examined the Plans, Specifica- tions, and the site of the work, and that from his own investiga- tion he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of sur- face 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 condi- tions which may in any way affect the work or its performance. 25. 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 C-±7 CONTRACT (CONT'D.) amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract docu- ments and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engi- neer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or else- where in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engi- neer 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. 26. SURVEYS The Engineer will furnish to the Contractor all layouts, measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will furnish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same and/or to assist in measuring. 27. CHANGES AND ALTERATIONS The TOWN reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the unit prices for such work as contained in the schedule of prices. If such alterations decrease the amount of work, such decreases shall be a credit to the TOWN based on the quantity of work not performed as agreed to by the TOWN and the Contractor and at the unit prices for such work as contained in the Schedule of Prices. C-18 GROUP HO~MACHER, McLENDON & MURRELL, P.C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CON?t~.CT (CONT'D.) 28. CO]:~,ECTION OF WORK Ail work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of con- struction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects, settlements, or shrinkages which may appear within one (1) year following the date of the final payment request. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 29. WEATHER CONDITIONS The Contractor will and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If any work or materials shall have been damaged or injured by reason of the failur~ on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. 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: C-19 GROUP HO. M^C.ER. McLENDON & MURREL , .C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 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. 31. 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 proceed- ings 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 ordinances, regulations, and/or the TOWN; shall fail or refuse to regard laws, or the instructions of the Engineer 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. C-20 ~I~OUP HOLZMACHER, McLENDON & MURREEL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SUHVEYORS CONTRACT (CONT ' D. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, engineering, administration, legal, testing and observation services and any damages for delay), such excess shall be paid to Contractor. If the expense shall exceed the unpaid balance, the Contrac- tor and his sureties shall be liable to the TOWN for such excess. 32. 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, materialmen, or subcontractors, the Contractor may, upon ten (10) days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. Upon termination by the Contractor the TOWN may take possession of the work and complete the work by Contract or otherwise, as the TOWN solely may deem expedient. If the Contract is terminated by the Contractor, the lia- bility 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. 33. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final accep- tance, 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 C-21 GROUP HOLZMACHER, McLENDON & MURREL~, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 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 pay- ment or other estimate shall not be construed to be an acceptance of any defective work. 34. 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 equip- ment 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 place upon any of the completed work only such superimposed loads as are consistent with the safety of that portion of the work; D. 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; E. Before the Engineer's approval of the Final Payment Request, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 35. 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. C-22 GROUP HOLZMACH£H, McLENDON & MURRELL, P.C, ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) 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 deter- mined 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. 36. 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. 37. 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 forth- with be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtaining the written consent of the TOWN. This Contract shall inure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. C-23 GROUP .OLZM^C.ER, McLENDON & MURREL , P.C. ENGINEERS. ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) IN WITNESS WHEREOF, the parties hereto have and seals the day and year first above written. TOWN OF SOUTHOLD BY: set their hands (TOWN SEAL) (SEAL) CONTRACTOR BY: TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of , 19 , before me personally came , to me known, who being by me duly sworn, did depose and say that he/she is the duly elected SUPERVISOR of the TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, NEW YORK, and that at a meeting of the Town Board of the Town of Southold, duly held on the __ day of , 19 , the said Board, also acting in its capacity as the Governing Body of the Town of Southold, authorized the said SUPERVISOR to execute all and any contracts on behalf of the Town; that he/she knows the seal of said Town, and that the said Town seal affixed to the foregoing instrument is its corporate seal; that it was affixed thereto by order of the said Board, and that he/she signed his/her name thereto by order of said Board and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-24 ~ C~I¢OUP HOLZMAOHER, McLI:NDON & MURRELL, P.e. ~NGINEERS ARCHIT~;CTS $CIENTIST~, PLAnNeRS a[~ SURVEYORS CO~TPJ~CT (CONT~D.) ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) COUNTY OF ) On this day of personally came and appeared known, who by me being duly sworn, resides at , 19 did depose and of the Corporation described in and which executed the instrument, that he knows the seal of said corporation, , before me , to me say that he that he is the foregoing that one of the seals affixed to said instrument is such seal, that it was so affixed by order of the Directors of said Corporation, and that he signed his name thereto by like order. NOTARY PUBLIC C-25 GROUP HOLZMACHER, McLFNDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) ) COUNTY OF ) ss: On this day of , 19 , before me personally came and appeared , to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said form. NOTARY PUBLIC C-26 ~PR-24-96 WED 10:07 ,P, 02 Holzmacher, McLendon & Mu~'rell; ?.C. H2M Construction Management, Inc. H2M Associates, Inc. H2M Labs, Inc. 575 Broad Hollow Road Melvme, New York 11747 PHONE: (516) 756-8000 FAX: (516) 694-4122 TO; ~'-U~' ,'~',~¥ ... COMPANY; '7'~i~.,'~/ DATE;, ~/~ ~/~ TIME; /~:~C # OF PAGES (incl. cover sheet);, NOTE: PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES COMMENTS: Reimb: Sender FOR OFFICE USE ONL Y: ,; LO, 01 dcl~ 96-I~;~-~{~ ~PR-24-96 ~ED 10:07 P, 02 LAURY L. DOWD TOWN ATTORNEY JEAN W. COCHRAN Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1889 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM TO: FROM: RE: DATE: TOWN BOARD TOWN ATTORNEY SCAVENGER WASTE HAUL CONTRACT APRIL 12, 1996 H2M prepared the bid specs for the long term hauling of scavenger waste from the Southold facility. Because of the need to address this issue promptly, they did so on an expedited basis and without much opportunity to consult with the Town Board. The project was advertised on April 11 and is scheduled for bid opening on April 2~. The Town can amend the specs via addenda if necessary, so I suggest you review the basic assumptions in the specs to be sure you are comfortable with them. Here are the salient points: 1) The bid asks the bidder to furnish all labor, materials, equipment and supplies to transport 1,/~20,000 gallons of scavenger waste from May 1, 1996 to December 31, 1996. That locks us into the transfer station mode until December. Is this what the Board wants, or do you want an early escape clause? 2) The bid specifies a price per gallon and a total price. The specs suggest that the unit ~ice shall be used as ~-n addition or deduction to the total price, depending on the amount hauled. Another wa,/ would be for the contractor to bill based directly on the gallonage hauled. Which award method would the Board prefer? 3) The bid has a clause allowing the Town to extend the above hauling ~contract for another year, from January 1997 to December 31, 1997. The specs suggest that although we get the bid price now, this bid award does not have to be made until September. Is this what you want? ~) The bidder is asked to identify the proposed scavenger waste disposal location. Scavenger Waster Haul Contract April 12, 1996 Page 2 5) There is a liquidated damage clause of $350 per day if the contractor fails to remove scavenger waste within 5 days of notice, Any problems with the amount or time frame? 6) Liability and Property insurance must be provided with limits of ~076~ single and ~,000,000 aggregate. The solid waste hauling contract has I~m~ts of $1 m~lhon and $10 mdhon. You pay extra for the additional insurance requirement. Do you feel comfortable with the lower limits? 7) The bidder is asked to provide a reference for a similar project which has been completed and in operation for at least a year. 8) The bid includes contract documents designed for a construction project. I propose to substitute a contract similar to that used for the Solid Waste and C&D hauling. 9) The contract calls for the Engineer (H2M) to monitor the performance f the job, prepare a payment request, and work closely with the ontractor. I do not believe the contract has to be structured that way the other hauling contracts are not). Do you want to keep the Engineer involved in the scavenger waste hauling contract on a long-term basis? JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOVfN OF SOUTHOLD April 19, 1996 FEDERAL EXPRESS Earthwatch Waste Systems, Inc. 3527 Harlem Road 13uffalo, New York 14225 Attention: Holly Brown Dear Ms. Brown: Enclosed is Addendum No. 1 for the specification package your office has requested for the project entitled "Removal, Transportation and Disposal of Scavenger Waste from the Scavenger Waste Facility" for the Town of Southold. The bid submittal date is still scheduled for Wednesday, April 24, 1996, at 11:00 AM at Town Hall. The enclosed Addendum No. 1 includes the following information: 1) Addendum No. I - 2 pages (2) Contract Form - 15 pages Receipt of this Addendum is required to be noted on the proposed form - Page P- 13 (3 of 3) for all contractors who are bidding on th e project. If any questions arise concerning the above or enclosures, please contact George W. Desmarais, P.E., Holzmacher, McLendon & Murrell, P.C. at (516)756-8000,Ext.610. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: G. Desmarais, H2M Group Earfl watch WASTE SYSTEMS, INC. April 17, 1996 Town of Southold Ms. Judith T. Terry Town Clerk 53095 Main Road Southold, NY 11971 Dear Ms. Terry: By this letter I am requesting the specifications for bid item: Waste Transport & Disposal (SOHT9602). Pleuse forward this requested package using our federal express number (account #142237199) to the following: EARTHWATCH WASTE SYSTEMS, IN. 3527 HARLEM ROAD BUFFALO, NY 14225 ATTENTION: HOLLY BROWN PHONE: 716-833-3286 FAX: 716-833-5670 I appreciate your assistance in this matter. Sincerely, JUD,THT. TEa~Y, TOWNCLERK RECEIPT 0 5 8 5 7 7 Town of Southold Southold, New York 11971 Phone: 516-76S-1800 DATE RECEIVEDOF: ~~~ ~~ ~~ $ t-I GROUP Hoizmacher, McLendon & Murrell, P.C. · 112M Associates, inc. H2M Construction Management, inc. · H2M Labs, inc. 575 Broad Hollow Road, Melville, NY 11747-5076 (516) 756-8000 · Fax: (516) 694-4122 April 18, 1996 FEDERAL EXPRESS Mr. Rod Pierson Squires & Pierson, Inc. 132 Magce Street Southampton, NY 11968 Re: Town of Southold Scavenger Waste Treatment Plant Waste Transport and Disposal Specifications Addendum No. l SOHT 9602 Dear Mr. Pierson: Enclosed is Addendum No. I for the specification package your office previously picked up for the project entitled "Removal, Transportation and Disposal of Scavenger Waste from the Scavenger Waste Facility" for the Town of Southold. The bid submittal date is still scheduled for Wednesday, April 24, 1996 at l 1:00 AM at Town Hall. The enclosed Addendum No. I includes the following information: 1) 2) Addendum No. I - 2 pages Contract Form - 15 pages Receipt of this Addendum is required to be noted on the proposal form - Page P-B (3 of 3) for all contractors who are bidding on the project. If any questions arise concerning the above or enclosures, please contact our office at (516) 7564000, Ext. 610. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosures cc: Town Board (w/encl.) Judith T. Terry, Town Clerk (w/encl.) Laury L. Dowd, Esq. (w/encl.) L:\FILES\6000\ 1996JOBS\SOHT9602WORMLTR. DOC E N G I N E E R S A R C Icl I T E C T S S C I E N T I S T S Recycled Paper Holzmacher, McLendon & Murrell, P.C. · 1t2M Assoeiates, Inc. H2M Construction Management, Inc. * H2M labs, Inc. 575 Broad Hollow Road, Melville, NY 11747 5076 (516) 756-8000 · Fax: (516) 694-4122 April 18, 1996 FEDERAL EXPRESS Mr. Richard Jernick Island Wastewater & Refuse Service 170 Moores Lane Grcenport, NY 11944 Town of Southold Scavenger Waste Treatment Plant Waste Transport and Disposal Specifications Addendum No. 1 SOHT 9602 Dear Mr. Jernick: Enclosed is Addendum No. I for the specification package your office previously picked up for the project entitled "Removal, Transportation and Disposal of Scavenger Waste from the Scavenger Waste Facility" for the Town of Southold. The bid submittal date is still scheduled for Wednesday, April 24, 1996 at 11:00 AM at Town Hall. The enclosed Addendum No. I includes the following information: 1) 2) Addendum No. I - 2 pages Contract Form - 15 pages Receipt of this Addendum is required to be noted on the proposal form - Page P-B (3 of 3) for all contractors who are bidding on the project. If any questions arise concerning the above or enclosures, please contact our office at (516) 756-8000, Ext. 610. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosures cc: Town Board (w/encl.) Judith T. Terry, Town Clerk (w/encl.) Laury L. Dowd, Esq. (w/encl.) L:WILES\6000\ 1996 JOBS~SOHT9602WORMLTR. DOC ENGINEERS ARCHITECTS SCIENTISTS Recycled Parer PLANNERS CONSTRUCTION MANAGERS SURVEYORS Holzmacher, McLendon & Murrell, P.C. · It2M Assoeiates, Inc. H2M Construction Management, Inc. · H2M Labs, Inc. ACEC Membe~ Su~ 575 Broad Hollow Road, Melville, NY 11747-5076 (516) 756-8000 · Fax: (516) 694 4122 April 18, 1996 FEDERAL EXPRESS Mr. Chris Clark RGM Liquid Waste Removal 972 Nicolls Road Deer Park, NY 11729 Town of Southold Scavenger Waste Treatmenf Plant Waste Transport and Disposal Specifications Addendum No. 1 SOHT 9602 Dear Mr. Clark: Enclosed is Addendum No. I for the specification package your office previously picked up for the project entitled "Removal, Transportation and Disposal of Scavenger Waste from the Scavenger Waste Facility" for the Town of Southold. The bid submittal date is still scheduled for Wednesday, April 24, 1996 at 11:00 AM at Town Hall. The enclosed Addendum No. I includes the following information: 1) 2) Addendum No. I - 2 pages Contract Form - 15 pages Receipt of this Addendum is required to be noted on the proposal form - Page P-B (3 of 3) for all contractors who are bidding on the project. If any questions arise concerning the above or enclosures, please contact our office at (516) 756-8000, Ext. 610. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosures cc: Town Board (w/encl.) Judith T. Terry, Town Clerk (w/encl.) Laury L. Dowd, Esq. (w/encl.) LfiFILES\6000\ 1996JOBS\SOHT9602WORM LTR,IX)C ENGINEERS ARCHITECTS SCIENTISTS Recvcl,.d pa,~r PLANNERS CONSTRUCTION MANAGERS SIJ RVE ¥ORS I-t GRO P Holzmacher, McLendon & Murrell, P.C. · It2M Associates, Inc. H2M Construction Management, Inc. · H2M Iabs, Inc. 575 Broad Hollow Road, Melville, NY 11747 5076 (516) 756-8000 · Fax: (516) 694-4122 April 18, 1996 FEDERAL EXPRESS Mr. Don Patanjo Patanjo's Cesspool Service 19 Stiriz Road Brookhaven, NY 11719 Town of Southold Scavenger Waste Treatmen( Plant Waste Transport and Disposal Specifications Addendum No. l SOHT 9602 Dear Mr. Patanjo: Enclosed is Addendum No. I for the specification package your office previously picked up for the project entitled "Removal, Transportation and Disposal of Scavenger Waste from the Scavenger Waste Facility" for the Town of Southold. The bid submittal date is still scheduled for Wednesday, April 24, 1996 at 11:00 AM at Town Hall. The enclosed Addendum No. I includes the following information: 1) 2) Addendum No. I - 2 pages Contract Form - 15 pages Receipt of this Addendum is required to be noted on the proposal form - Page P-B (3 of 3) for all contractors who are bidding on the project. If any questions arise concerning the above or enclosures, please contact our office at (516) 756-8000, Ext. 610. Very truly yours, HOLZMACHER, McLENDON & MURRELL, P.C. George W. Desmarais, P.E. GWD/cdr Enclosures cc: Town Board (w/encl.) Judith T. Terry, Town Clerk (w/encl.) Lanry L. Dowd, Esq. (w/encl.) L:\FILES\6000\ 1996 JOBS\SOHT9602WORMLTR.IX)C ENGINEERS ARCHITECTS SCIENTISTS Recvcled Pa~er PLANNERS CONSTRUCTION MANAGERS SURVEYORS . ~J'-."'-~' GROUP HOL.ZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS ADDENDUM NO. 1 TOWN OF SOUTHOLD REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM TI-lIE SCAVENGER WASTE TREATMENT FACILITY PROJECT SOHT 9602 DATED: APRIL 18, 1996 This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents dated April, 1996, as noted below. Acknowledge receipt of this Addendum in the space provided on the Bid Proposal. Failure to do so may subject Bidder to disqualification. CHANGES TO SPECIFICATIONS 1) Notice to Bidders Page NB-1 of 1, 4th paragraph Delete: Each bid shall...five percent (5%) of"the total bid." Add: Each bid shall...five percent (5%) of"the amount bid under Item 1 of the proposal." 2) Instruction to Bidders/Wage Rates Page IB-3, Section 11. - Bid Security Delete: Each bid shall...five percent (5%) of the amount "of the bid plus all items of extra cost." Add: Each bid shall...five percent (5%) of the amount "bid under Item 1 of the proposal." 3) Instruction to Bidders/Wage Rates Page 113-3, Section 12. - Consent of Surety Delete: In addition to...Material Payment Bond "each of a face value of 100% of the amount of the bid." Add: In addition to...Material Payment Bond "in the total amount of $25,000." 4) Instructions to Bidders/Wage Rates Page IB-4, Section 14. - Performance, Labor and Material Payment Delete: Simultaneously with his...bonds in "the amount of 100% of the accepted bid." Add: Simultaneously with his...bonds in "the amount of $25,000." SOHT 9602 A- 1 ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS ADDENDUM NO. ] 5) Proposal Page P-B (1 of 3) Item 1 Delete: Furnishing all labor...dispose of approximately "1,420,000 gallons." Add: Furnishing all labor...dispose of approximately "1,428,900 gallons." 6) Proposal Page P-B (1 of 3) Item 2 Delete: Furnishing all labor...dispose of approximately "1,845,000 gallons." Add: Furnishing all labor...dispose of approximately "1,926,850 gallons." 7) Proposal Page P-B (2 of 3) Paragraph 1 Add: Unit prices bid...notice to proceed. "The contractor shall be reimbursed based on the total volume of scavenger waste removed and disposed of at unit prices stated in Item 1 and Item 2." 8) Proposal Page P-C Paragraph l Delete: Enclose certified check...five percent (5%) "of the bid total." Add: Enclose certified check...five percent (5%) "of the bid total for Item 1." 9) Section 13219- Scavenger Waste Removal, Transportation and Disposal Part 3 - Execution Section 3.1 - Removal of Scavenger Waste; Subsection A Delete: The contractor shall...remove approximately "12,000 gallons per week...July, August and September." Add: The contractor shall...remove approximately "20,000 gallons per week during the month of February; approximately 25,000 gallons per week during the month of January; approximately 30,000 gallons per week during the months of March, October and December; approximately 35,000 gallons per week during the months of September and November; approximately 40,000 gallons per week during the month of April; and approximately 50,000 gallons per week during the months of May, June, July and August." 10) Contract Delete: "page C-1 through C-26" Add: "pages C-1 through C-15" as attached *** END OF SECTION *** SOHT 9602 A-2 This Agreement made on the day of , 1996 by and between the Town of Southold, a municipal corporation of the State of New York having its principal place of business at 53095 Main Road, Southold, New York, hereinafter called the "Town" and hereinafter called the "Contractor". WITNESSETH: WHEREAS, Contractor has submitted to the Town a bid dated 1996 ("Bid") in response to the Town's Bid Solicitation for Removal, Transportation and Disposal of Scavenger Waste Services dated and ,1996, ("Solicitation"); WHEREAS, the Town Board of the Town of Southold by resolution # adopted on ,1996, authorized the Town Supervisor to enter into an agreement with the Contractor to perform certain services in connection with the handling of solid waste, NOW, THEREFORE, it is mutually covenanted and agreed by and between the parties hereto as follows: 1. DEFINITIONS - Terms defined in the Bid Solicitation shall have the same meaning as if defined herein. II. SCOPE OF SERVICES The Contractor shall perform the services in accordance with the description of those services as set forth in the Solicitation. III. TERM OF AGREEMENT The term of this Agreement shall be eight (8) months commencing on May 1, 1996 and ending on December 31, 1996. The Town shall have the option to extend these services C-I from January 1, 1997 to December 31, 1997 by noti~,ing Contractor within the 90-day period prior to December 31, 1996 of Town's intent to select Contractor's alternate bid. The Town may terminate this agreement for any reason upon 30 day's written notice to Contractor. IV. PRICE SCHEDULE/COMPENSATION The unit bid price schedule for the services to be furnished by Contractor is found in the Contractor's bid which is incorporated into this Agreement. V. PAYMENTS A. The Contractor shall receive monthly payments for services performed during the prior calendar month. The Contractor shall submit a request for payment on a Town approved voucher form along with Contractor's invoice which shall include a daily summary of gallon- age hauled by Contractor to a Disposal Site and disposed by Contractor at a Disposal Site as applicable. At the same time, Contractor shall provide Town with copies of receipt slips for each delivery at a Disposal Site. Such payments shall be made within sixty (60) days of the Town's approval of Contractor's invoice. The Town shall be entitled to deduct from any payment owing to Contractor any sums expended by the Town to cure any default or other Agreement non-compliance by Contractor or to protect the Town from loss on account of any claims filed or reasonably anticipated to be filed. VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS Contractor makes the following warranties and representations: A. Contractor represents that the Town has made no commitment under this Agreement with respect to the volume of scavenger waste to be handled by Contractor during the term of this Agreement. C-2 B. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by Contractor. C. Contractor represents that the information furnished by Contractor in the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. D. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the Contractor subcontracts twenty-five percent (25%) or more of its work hereunder, Contractor shall submit to the Town an MBE and a WBE Utilization Plan, prior to execution of this Agreement. E. In the event the Contractor's Disposal Site is unable to receive and dispose of the Town's waste for any reason (including failure to obtain or maintain necessary permits or licenses), Contractor shall be responsible for providing to the Town an alternative Disposal Site for the Town's use at no additional cost to the Town, and shall indemnify the Town against any additional hauling cost by the Town or its agent because of the location of the alternate Disposal Site. Under no circumstances shall a change in Disposal Site(s) or failure or inability to obtain or maintain necessary permits by the Contractor be considered a change in conditions. In the event the Contractor is unable to find an alternate Disposal Site(s), he shall be deemed to be in default of this Agreement and liable for damages, bond forfeitures and other expenses as provided in the Agreement. VII. INDEMNIFICATION INSURANCE/BONDS A. Contractor agrees to defend, indemnify and save harmless the Town of Southold against any and all liability, loss, damage, detriment, suit, claim, demand, cost, charge, attorney's fees and expenses of whatever kind or nature which the Town may directly or indirectly incur, suffer or be required to pay by reason of or in consequence of the Contractor carrying out or performing under the terms of this Agreement, or failure to carry out any of the provisions, duties, services or requirements of this Agreement, whether such losses and damages are suffered or sustained by the Town directly or by its employees, licensees, agents, engineers, citizens or by other persons or corporations, including any of Contractor's em- ployees or agents who may seek to hold the Town liable therefor. This obligation shall be ongoing, shall survive the term of this Agreement and include, but not be limited to, claims concerning non-sudden environmental impairments. The Contractor shall join in the commencement of any action or proceeding or in the defense of any action or proceeding which, in the opinion of the Town, constitutes actual or threatened interference or interruption with the Town's rights hereunder, including all appeals which, in the opinion of the Town, may be necessary. B. Contractor shall procure and maintain the insurance described in the Solicitation for a period commencing on the date of this Agreement and termination no earlier than three (3) months following termination of services under this Agreement. All C4 such insurance cover-age shall name the Town as an additional insured and shall provide that the coverage shall not be changed or canceled until thirty (30) day's written notice has been given to the Town. All such insurance shall be issued by a company duly authorized to transact business in the State of New York and acceptable to the Town and shall include all riders and additional coverage necessary to insure that Contractor will be financially able to meet its obligations under the foregoing indemnification. C. Within ten (10) days of the Notice of Award, Contractor shall furnish to the Town, certificates of insurance, in a form satisfactory to the Attorney, evidencing such insurance. The kinds and amounts of insurance are as follows: (1) Contractor's Insurance - Insurance for liability for damage imposed by law of kinds and in the amounts hereinafter provided covering all work under the Agreement, whether performed by Contractor or his subcontractors. The kinds and amounts of insurance are as follows: (a) Workers Cc__,pensation Insurance - A Policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914 as amended, known as the Worker's Compensation Law, covering all operations of the Contractor, whether performed by him or by his subcontractors. The Agreement shall be void and of no effect unless the person or corporation making or executing same shall secure compensation coverage for the benefit of, and keep insured during the life of said Agreement such employees in compliance with provisions of the Worker's Compensation Law. C-5 (b) General Liability (Comprehensive Form) Insurance - Contractor's liability insurance issued to and covering legal liability of the Contractor with respect to all work performed by him under the Agreement. The following insurance coverage shall be included: (i) Independent Contractor's Protective Liability Covering work performed by subcontractors. (ii) Completed Operations or Product Liability. (iii)Contractual Liability. (iv) Broad Form Property Damage. (v) Personal Injury. NOTE: If any of the rating classifications embody property damage exclusions C or U, coverage for eliminating such exclusions must be provided. Coverage for the above will be required in not less than the following amounts: SINGLE LIMITS OF LIABILITY: $1,000,000.00 AGGREGATE LIMITS OF LIABILITY: $10,000,000.00 (c) Automobile Liability Insurance - Policy shall include coverage for all owned as well as non-owned and hired vehicles, and limits shall not be less than the following amounts: BODILY INJURY LIABILITY Aggregate: $3,000,000.00 Each Person Each Occurrence $1,000,000.00 PROPERTY DAMAGE LIABILITY Aggregate: $3,000,000.00 Each Occurrence $1,000,000.00 C-6 D. Contractor shall, for the period of the performance of services hereunder, main- tain a Performance Bond in the amount of twenty-five thousand dollars ($25,000.) as security for the faithful performance of his contract and for the payment of all persons furnishing labor and materials, wherein named obligee is the Town of Southold. The Bond shall be in a form acceptable to the Town Attorney and issued by a surety licensed to do business in New York as a surety. VIII. FORCE MAJEURE If either party is delayed or prevented from fulfilling any of its obligations under this Agreement due to any act, event or condition, whether affecting the Town, the Contractor, the Disposal Site or any of the Town's or the Contractor's respective subcontractors or suppliers, to the extent that it materially and adversely affects the ability of either party to perform any obligation hereunder (except for payment obligations), and if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent action, inaction, or fault of the party relying thereon as justification for not performing an obligation or complying with any condition required of such party under the Agreement, the time for fulfilling that obligation shall be extended day-by-day for the period of the uncon- trollable circumstance; provided, however, that the contesting in good faith or the failure in good faith to contest such action or inaction shall not be construed as willful or negligent action or a lack of reasonable diligence of either party. Subject to the foregoing, such acts or events shall include the following: (1) an act of God (but not including reasonable anticipated weather conditions for the geographic area of the Town or Disposal Site), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts (2) (3) (4) of public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; the failure of any appropriate federal, state, county, town or local public agency or private utility having jurisdiction in the areas in which the Scavenger Plant or Disposal Site is located to provide and maintain utilities, services, water and sewer lines and power trans-mission lines which are required for the operation or maintenance ~f the Scavenger Plant or Disposal Site; governmental pre-emption of materials or services in connection with a public emergency or any condemnation or other taking by eminent domain of any portion of the Scavenger Plant or Disposal Site; and the presence of hazardous waste upon, beneath or migrating from the Scavenger Plant. It is specifically understood that none of the following acts or conditions shall constitute uncontrollable circumstances: (a) general economic conditions, interest or inflation rates, or currency fluctuations; (b) the financial condition of the Town, the Contractor, any of its affiliates or any subcontractor; (c) union work rules, requirements or demands which have the effect of increasing the number of employees employed otherwise increase the cost to the Contractor of operating its haul operation or the Disposal Site; (d) equipment failure; (e) any impact of prevailing wage law, customs or practices on the Contractor's costs; (f) any act, event or circumstance occurring outside of the United States; or (g) any change in law or in the permit conditions or status of the Scavenger Plant Disposal Site or alternate Disposal Site. C-8 IX. SUBCONTRACTS Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the Town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of this Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. X. PREVAILING WAGE RATES Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting therefrom shall be borne exclusively by Contractor. XI. FORCED ACCOUNTING In the event the Town directs the Contractor, by written authorization signed by the Town Supervisor, to perform additional services beyond the scope of those described in this Agreement, the Contractor shall be compensated for such additional services on the following basis: TOTAL COMPENSATION FOR ADDITIONAL SERVICES = DIRECT LABOR COST + DIRECT MATERIAL COST + OVERHEAD + PROFIT C-9 For the purposes of this Section: A. DIRECT LABOR COST shall include hourly wages, including overtime pre- miums actually paid plus the following fringe benefits associated with those wages - group medical, group life insurance, pensions, FICA, uniforms, safety equipment or special tools. These fringe benefits shall be separately identified and shall not duplicate fringe benefits paid in connection with work performed within the scope of the Agreement. B. DIRECT MATERIAL COST shall be those costs actually paid by Contractor for materials utilized by Contractor in performance of the additional services. The costs for such materials shall not include sales tax for any materials which constitute personal property incor- porated into the structures, buildings, or real property of the Town since such personal prop- erty is exempt from taxation under Section 1115 of the New York State Tax Law. C. OVERHEAD shall be 10% of the total of the Direct Labor Costs and the Direct Material costs. D. PROFIT shall be 5% of the total of the Direct Labor Costs, the Direct Material Costs and the Overhead. XII. LIQUIDATED DAMAGES Time is of the essence in terms of prompt disposal of scavenger waste. The Contractor must respond within five (5) calendar days to notification by the Town of a need to remove scavenger waste. If the Contractor does not perform the work within five (5) calendar days of notification, the Contractor will be subject to liquidated damages in the amount of three hundred fifty dollars ($350.) per day for each and every day beyond the initial 5-day period. C-10 XIII. DEFAULT In the event the Contractor fails to perform its obligations under the Agreement, the Town may terminate the Agreement, procure the services from other sources and hold the Contractor responsible for any costs incurred. The Town also may deduct such costs from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. The Town reserves the right to terminate the Agreement for just cause. XIV. SERVICE AGREEMENT The Contractor shall be obligated to provide the Town with disposal services without regard to the permit status of its Disposal Site. In ihe event that Contractor submits a Bid for a Disposal Site for which Contractor does not currently have all necessary federal and state permits, or which after the acceptance of the bid loses its permitted status, Contractor shall, at its sole risk and expense, be responsible for obtaining and/or renewing its permits or providing the Town an alternate Solid Waste Disposal Site at no additional cost (disposal plus any addi- tional hauling) to the Town. The parties agree that this is a full service Agreement and failure of the Contractor to provide the identified Disposal Site or acceptable alternative Disposal Site on or after the commencement date shall constitute a breach of this Agreement. The Contractor accordingly shall not be excused from its obligations hereunder by reason of any failure to obtain or maintain its permits at the identified Disposal Site. XV. LIMITATION OF FUNDS The Contractor agrees that this Agreement shall be deemed executory only to the extent of the funds currently available for the purposes of this Agreement and that the Town C-Il incurs no liability beyond those available by authorization of the Town Board as of the date of this Agreement. XVI. DISPUTES/ARBITRATION Any disputes between the parties to this Agreement may be referred to arbitration by mutual agreement of the parties. Absent such an agreement, any actions or claims by either party hereto shall be commenced in Supreme Court, Suffolk County, New York. In the event the parties agree to arbitrate a dispute, such arbitration shall be conduc- ted in accordance with the rules of the American Arbitration Association. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceed- ings based on such claim or dispute would be barred by the applicable statute of limitations. An award rendered by arbitrators following any such arbitration shall be final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereo£ XVII. MISCELLANEOUS A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, convey or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including all Exhibits and documents referred to herein, along with the Specifications, Solicitation and the Bid, and all Appendices and Exhibits thereto, represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and the Town. C-12 D. To the extent of any inconsistency among the documents constituting the agree- ment of the parties, the priority among those documents shall be: 1. This Agreement; 2. Exhibits hereto; 3. The Solicitation including Appendices; 4. Contractor's Bid. E. Without limiting any other right and/or remedy which the Town may have at law or under this Agreement, if the Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors or a receiver is appointed for the Contractor or any insolvency arrangement proceedings are instituted by or against the Contractor, the Town may terminate this Agreement. F. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and Contractor, its employees or agents, will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or retirement membership or credit. G. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. C-13 XVIII. H. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. These requirements shall include but not be limited to the following: employment; upgrading, demolition or transfer; recruitment or recruitment advertising; layoff or termina-tion; rates of pay or other forms of compensation; and selection for training. NOTICES All notices required to be given hereunder shall be made in writing by first class mail addressed as follows: If to the Town: With a copy to: If to the Contractor: Supervisor Jean W. Cochran Southold Town Hall 53095 Main Road Southold, NY 11971 Laury L. Dowd, Town Attorney Southold Town Hall 53095 Main Road Southold, NY 11971 With a copy to: C-14 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. TOWN OF SOUTHOLD Jean W. Cochran, Supemisor CONTRACTOR C-15 TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY PROJECT NO. SOHT 9602 Ruth D. Oliva Alice J. Hussie Louisa P. Evans TOWN BOARD Jean W. Cochran, Supervisor William D. Moore Joseph L. Townsend, Jr. TOWN ATTORNEY Laury L. Dowd, Esq. TOWN CLERK Judith T. Terry APRIL 1996 I-t / GROUP HOLZMACHER, McLENDON & MURRELL, P.C. CONSULTING ENGINEERS · ARCHITECTS · PLANNERS · SCIENTISTS · SURVEYORS MELVILLE, N.Y. TOTOWA, N.J. INDEX TOWN OF SOUTHOLD CONTRACT REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY INDEX PAGE NOTICE TO BIDDERS INSTRUCTIONS FOR BIDDERS/WAGE RATES QUALIFICATIONS OF BIDDER PROPOSAL BUILDER'S RISK INSURANCE GENERAL CONDITIONS SECTION 13219 ~ SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL CONTRACT NO. OF PAGES I- 1 Page NB- 1 Page IB - 5 Pages QB - 1 Page P-A thru P-D BRI/ILL - 1 page GC - 6 pages 13219 - 3 pages C - 26 pages GWD/cdr 4/96 $OHT 9602 I- 1 ~ ~©UPHOLZMACHER, McLENDON & P.C. ENGINEERS, ARCHITEC?S, SCIENTISTS, PLANNERS and SURVEYORS 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 11:00 a.m., Prevailing time on Wednesday, April 24, 1996, at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO.: SOHT 9602 A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the TOWN OF SOUTHOLD will be required for a set of specifications. INSTRUCTIONS TO BIDDERS, FORM OF PROPOSAL, FORM OF CONTRACT, AND SPECIFICATIONS, etc., may be seen at or procured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971, after 11:00 a.m., Prevailing time on Thursday, April 11, 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the total bid. The Town Board of the Town of Southold 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. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK DATED: April 5, 1996 SOHT 9602 ?~B - 1 of I ~ GROUP HOLZMACHER, McLENDON & MURRI:LL, ~.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS 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, PROJECT NO. SOHT 9602, and the name and address of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider informal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereo£ 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 specifications prepared by Holzmacher, McLendon & Murrell, P.C., 575 Broad Hollow Road, Melville, New York 11747, dated April 6, 1996. 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 SOHT 96O2 lB - 1 GROUP HOLZMACHER, McLENDON & MURR~, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS. PLANNERS and SURVEYORS 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 requirements of the work and the accuracy of the estimate of the Engineer, and shall not, at any time after the submission of a bid, dispute or complain of such statement or estimate of the Engineer, 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 EY 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 Engineer. 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. IB - 2 ~ GROUP HOLZMACHER,.McLENDON & MURRELL, P,C. ENGINSER3. ARC! ;I, ECTS. SCIENTISTS PLANNSRS and SURVEYORS 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 percent (5%) of the amount of the bid plus all items of extra cost. 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 CONSENT OF SURETY In addition to the cash, checks or bid bonds for bid security, each bid must be accompanied by a bid letter from a surety company agreeing, in the event of the award of the Contract, to furnish a Performance Bond and Labor & Material Payment Bond each of a face value of 100% of the amount of the bid. 13. 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. IB - 3 E DO MURRELL. P C INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 14. PERFORMANCE, LABOR & MATERIAL PAYMENT Simultaneously with his delivery of the executed Contract, the successful bidder must deliver to the Town executed bonds in the amount of 100% of the accepted bid as a security for the faithful performance of his Contract AND for the payment of all persons performing labor or furnishing materials in connection therewith, prepared on the Standard Form of Bond of the American Institute of Architects A-311 and having as surety thereon such surety company or companies as are acceptable to the Town and as are authorized to transact business in the Sate of New York. 15. BASIS OF AWARD The Contract will, at the discretion of the Town be awarded on the basis of competitive bids to the lowest responsible bidder. It is the purpose of the Town not to award the Contract to any bidder who does not furnish satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the Contract. 16. 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. 17. 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. 18. VISIT TO SITE THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO SUBMITTING HIS BID. ~ GROUP HOI_ZMACHER, McLENDON & MURRELL, P.C. ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS end SURVEYORS INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D) 19. SPECIFICATIONS FEE The Twenty-Five Dollars ($25.00) fee for each set of specifications is non-refundable. 2O. 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, as shown in the Wage Schedule and Prevailing Rate Schedule, either shown on the following pages or the current prevailing rates paid at the time of performance. ~ C~ROUP HO, ~M^CHER, McLENDON & MURR~, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (1) year (minimum of five (5) such projects): ADDRESS: SIGNED BY: TITLE: SOHT 9602 QB- 1 ~ ~OUP · HOLZMACH£R, McLENDON & MURRE~, P,C. ENGINEERS ARCHITECTS, SCIENTISTS. PLANNERS and SURVEYORS PROPOSAL TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW YORK, acting for and on behalf of the TOWN OF SOUTHOLD. BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons interested in this bid or proposal as principal or principals is or are named herein; and that no other person than herein named has any interest in this proposal or in the contract proposed to be taken; that this bid or proposal is made without any connections with any other person or persons making a bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in the Contract accompanying this bid to perform all the work required in accordance with the Plans and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders, Contract and Specifications; and it will accept in full payment therefor the following sums to wit: SOHT 9602 P-A = ~,~J-,~a'"'~' GROUP HOLZMACHER, M~'LENDON & MURRELL, ENGINEERS ARCHITECTS SCIENT~STS PLANNERS and SURVEYORS ?RO?OSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: April 24, 1996 TIME: 11:00 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 PROJECT NO. SOHT 9602 in strict accordance with the contract documents for: ITEM I - Scavenger WaSte Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 1,420,000 gallons of scavenger waste to an approved disposal location for an eight (8) month contract period between May 1, 1996 to December 31, 1996. PRICE PER GALLON ($ ) DOLLARS TOTAL ($ ) DOLLARS ITEM 2 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 1,845,000 gallons of scavenger waste to an approved disposal location for a twelve (12) month contract period between January 1, 1997 to December 31, 1997. 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 SOHT 9602 P-B (l OF 3) ~I~ROUPHOLZMACHER, McLENDON & P.C. ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS PROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION Ai',fD DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: April 24, 1996 TIME: 11:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION FACILITY NAME: FACILITY ADDRESS: FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: TOTAL BID (SUM OF ITEMS 1 AND 2) TOTAL ~($ ) DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed o£ Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. THE CONTRACT PERIOD WILL BE FOR A PERIOD OF EIGHT (8) MONTHS UNDER ITEM 1, A PERIOD OF TWENTY (20) MONTHS UNDER THE ALTERNATE BID ITEM 2. IF THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN OF SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF THREE HUNDRED FIFTY DOLLARS ($350.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. ?-B (2 OF 3) ~ GROUP HOLZMACHER, McLENDON & MURRELL, P.t;. ENGINEERS ARCHITECTS SCIENT~STS PLANNERS and SURVEYORS 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: April 24, 1996 TIME: 11:00 A.M. THE UNDERSIGNED HEREBY FOLLOWING ADDENDA (IF ANY): ADDENDUM NO. ACKNOWLEDGES RECEIPT DATED OF THE CONTRACTOR: ADDRESS: SIGNED BY: TITLE: DATE: FEDERAL ID NO. OR SOCIAL SECURITY NO.: TELEPHONE NO: BUSINESS: EMERGENCY: P-B (3 OF 3) ~I~ROUP HOLZMACHER, McLENDON & P.C. ENG~NEERS, ARCHITECTS, SCIENTISTS, PLANNERS &nd SURVEYORS PROPOSAL Enclose certified check or bid bond for five percent (5%) of the bid total as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Towp 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 for the full amount of the Contract price, 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 __, 199_. SOHT 9602 P-C . ,~..,,,.~l'~a' GROUP HOLZMACHER, McLENDON & MURRELL, P.~, ENGINEERS, ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS PROPOSAL NON-COLLUSIVE BIDD1NG 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 beliet~ (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; (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: , 199 Respectfully submitted, FIRM NAME: FIRM ADDRESS: SIGNED BY TITLE 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 SOHT 9602 P-D 5 4 ~,~ HOI.ZMACHER. MCi PNDON & MURFIEL.I... P.G. 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 PAY- MENT", an "ALL RISK" Builders Risk coverage insurance policy in the full amount of the contract. The policy shall name as co- insureds the CONTRACTOR, the OWNER and the ENGINEER. The origi- nal 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 and ENGINEER, 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 perfor- mance of the work described in the contract documents, but not including liability that may be due ~o the sole negligence of the OWNER, ENGINEER or their officers, agents and employees. 3. LIMITATION OF LIABILITY The Contactor and all sub-contractors agree to limit the liability of the OWNER and ENGINEER due to the Engineer's pro- fessional negligent acts, errors, or omissions, such that the total aggregate liability of the Engineer to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the con- tract award amount, whichever is greater. BRI/ILL - 1 of 1 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 Engineer 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 Engineer. N/S GC - 1 of 6 GROUP HOLZMACHER. McLENDON & MURRELL GENERAL CONDITIONS (CONT'D.) 4.0 INTERPRETATION OF DRAWINGS, ETC. In the event of discrepancies between Specifications, the following order shall when making interpretations: the Drawings and the be given preference (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 On all Plans, Drawings, etc., the figure dimensions shall govern in the case of discrepancy between the scales and figures. The Contractor shall take no advantage of any error or omission in the Plans, or of any discrepancy between the Plans and Specifications, and the Engineer shall make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the Specifications and the Plans as construed by him, and his decision shall be final. Ail work that may be called for in the Specifications and not shown on the Plans, or work shown on the Plans and not called for in the Specifications, shall be furnished and executed by the Contractor as if designated in both. Should any work or material be required which is not denoted in the Plans and 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 shall be the sole judge as to whether such work was intended as part of the Contract or is in addition thereto. N/S GC - 2 of 6 GROUP HOLZMACI"IER, McLENDON & MU~LL, P.C. GENERAL CONDITIONS (CONT'D.) 6.0 - OCCUPATIONAL SAFETY AND HFJ~TH 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. Ail 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. N/S GC - 3 of 6 GROUP & Pc GENERAL CONDITIONS (CONT'D.) 9.0 - RESPONSIBILITY OF ENGINEER AND CONTRACTOR QU~N~ ~ONSTRUCTION The Engineer is responsible solely for the general and/or detailed inspection of the work being performed. Such inspection will be periodic and strictly to assure conformance of the Contractor with the Plans and Specifications, such that the end product will conform to the Plans and Specifications. 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 Ail 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. Ail 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. ll.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 Before the first partial payment under this Contract becomes due, the Contractor shall prepare a Schedule of Values which totals the amount of the Contract, and submit it to the Engineer for approval. The Contractor shall make such revisions as may be required to make this Schedule conform to the true value of work as jointly agreed upon by the Engineer and the Contractor. N/S GC - 4 of 6 ~ GROUP HOLZMACHER, McLENDON & MURRELL, PC G'RN'RRAI', CO~DT~TONS (OONT'D.) 13.0 - INCOMPETENT EMPLOYEES The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon request of the Engineer in writing, the Contractor shall suspend or discharge from the work any disobedient, disorderly or incompetent person or persons employed thereon, and will not again employ any person so suspended or discharged without the consent of the Engineer. This requirement shall not be made on the basis of any claim for compensation or damages against the Town or any of its officers or agents. 14.0 - CLAIMS OR PROTESTS If the Contractor considers any work required of it to be outside the requirements of the Contract or considers any record or ruling of the Engineers or Inspectors 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. Ail 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 Engineer. 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 monies due or to become due the Contractor. T GC - 5 of 6 GROUP .OLZ ^C.E.. 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 Ail 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 Engineer. 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 Engineer, except as otherwise specified. Upon written notification from the Engineer, the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Engineer, at no cost to the Town. 19.0 - STANDARDIZATION The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers, etc., for the purpose of standardization within the Town in order to minimize stockpiling of replacement parts. 20.0 - DEFINITIONS The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that has received prior approval by the Consulting Engineer for the Town. The word "Engineer" refers to Holzmacher, Murrell, P.C., Consulting Engineer for the Town. McLendon & T GC - 6 of 6 GROUP HOLZMACHER, McLENDON & MURR~, P.C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL PART I - GENERAL 1.1 - SECTION INCLUDES Pump/remove, transport ~nd dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 - REGULATORY REQUIREMENTS The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Par* 364 throughout the duration of the contract. Permits for transport through other states to the disposal location shall also be maintained. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 - SUBMITTALS Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Engineer, in writing, that all applicable permits have been obtained for transporting and disposing the scavenger waste, and attach with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees, shall be borne by the Contractor. If transfer stations and temporary storage facilities are utilized prior to disposal, or if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish copies of the appropriate permits for such facilities. Within seven (7) days of contract execution and at least forty-eight (48) hours before disposing of the initial volume of scavenger waste, the Contractor shall notify the Engineer 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 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 SOHT 9602 13219-1 ~ ~r<~uP HOLZMACHER, McLENDON & MURRELL, r.C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SORVEYORS SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL information for the new location 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 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 12,000 gallons per week during the months of December, January, and February; approximately 18,000 gallons per week during the months of October, November and March; and 56,000 gallons per week during the months of April, May, June, July, August and September. The Contractor shall remove the scavenger waste from the equalization tank located in the southwest corner of the site. Access to the tank will be through an opening in the tank approximately two feet above grade. Provide a system of pumps and hoses to remove scavenger waste from the tanks into transportation vehicles. The Contractor will be required to certi~ with the Scavenger Waste Treatment Facility personnel the volume of the transportation vehicle prior to and after pumping operations. This certification shall include either measuring the volume of the transportation vehicle with a dipstick or through the use of a clean site tube on the side of the vehicle, at the discretion of the Owner. Scavenger waste includes sand, gravel, supernatant, grit, scum, and other products ofbiodegradation from residential and commercial sanitary wastewater systems. The Contractor shall employ whatever means are necessary to remove scavenger waste. These include: pumping; vacuum pumping; and other acceptable methods as required. 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. 13219-2 SECTION 13219 - SCAVENGER WASTE REMOVAL~ TRANSPORTATION AND DISPOSAL 3.2 - TRANSPORTATION OF SCAVENGER WASTE Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such a manner that spillage of material does not occur during loading or transferring, hauling and unloading operations. It is the responsibility of the Contractor to know and follow all applicable local, county and state transportation and safety regulations, and obtain all roadway permits necessary for transporting the scavenger waste. 3.3 - DISPOSAL OF SCAVENGER WASTE Following removal of the scavenger waste, the Contractor shall be required to transport and dispose of the scavenger waste to an approved disposal location. The approved disposal location and all intermediate storage and processing facilities shall be operated in accordance with all federal, state, local and other applicable regulations. It is the responsibility of the Contractor to locate such a facility and to determine that the facility is a proper disposal facility. Submit to the Owner receipts from the disposal facility showing the date and time of scavenger waste pick-up; the date and time of scavenger waste disposal; amount of scavenger waste disposed of~ and the location, regulatory identification number and an authorizing signature of the disposal sites. Receipts shall be submitted within two weeks of scavenger waste removal. Payment will not be processed unless a receipt from the disposal facility is provided. The Contractor shall know and follow, all applicable standards and regulations governing the disposal of the scavenger waste, and obtain all necessary permits. All expenses, such as permit fees, laboratory testing and disposal fees, shall be borne by the Contractor. END OF SECTION 13219-3 = ~=.,,,.~-~a' GROUP HOLZMAGHER, McLENDON & MURRELL, P.C. ENGINEERS. ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT CONTRACT IN QUADRIPARTITE FOR AT TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated , 19 , BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, acting for and in behalf of the TOWN OF SOUTHOLD (herein called the TOWN), and (herein called the CONTRACTOR). WITNESSETH, that the TOWN and the consideration of the premises and of the mutual siderations and agreements herein contained, CONTRACTOR, in covenants, con- 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: and if required by the Town Engineers, ILems: for the sum of: for the unit herein. DOLLARS and/or lump sum price(s) ($ ) as listed in the Proposal SOHT 9602 C- l GROUP "OLZMACHER, McLENDON & MURR~, P.C. ~NGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Information for Bidders, Proposal, General Conditions, Contract, Specifications and Plans, together with any Addenda, shall form part of this Contract, and the pro- visions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The titles, headings, head- lines and marginal notes contained herein are solely to facili- tate 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 Plans, 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 proposed to be accomplished at the site of the project and all such other work as is in any manner required to accomplish the completed project, and includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper for or incidental to the carrying out and completion of the terms of this Contract. The term WORK PERFORMED shall be construed to include material delivered to and suitably stored at the site of the project. 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 Engineer, with the Town's approval, 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 its Consulting Engineer HOLZMACHER, McLENDON & MURRELL, P.C. (herein called the ENGINEER). 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 C-2 ~1~ GI~OUP HOLZ. MACHER, McLENDON & MURRELL, r'.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CON?RAC? (CON? ' D. ) 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", "~equired", "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 Con- tract 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. Aqreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products, of the actual quantities in place upon the completion of the work, as determined by the Engineer'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 Chanqes: 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 C-3 GROUP HO' M^CHER, McLENDON & MURR P.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) (2) (3) 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 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 Con- tractor 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 per- cent as full compensation for all other items of profit, costs and expenses, including admini- stration, overhead, superintendence, insurance, insurance other than Workers' Compensation Insurance, material used in temporary structures, allowances made by the Contractor to subcontrac- tors, additional premiums upon the Performance Bond of the Contractor and the use of small tools. 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 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. 6. TIME FOR COMPLETION The time for completion of this Contract shall be within the number of calendar days stated in the Bid Proposal and the date of such completion shall be the date of the certificate of com- pletion hereinafter specified. C-4 GROUP HOLZMACHER, McLFNDON & MURRELL, P.C. ENGINEERS ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) The TOWN reserves the right to order the Contractor to suspend operations when, in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion time. 7. 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. 8. 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 commo- tion 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. C-5 CONTRACT (CONT'D.) 9. CONTRACT SECURITY A. The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the total contract price as security for the faithful performance of this Contract, and for the payment of all persons performing labor or furnishing materials in connection with this Contract. B. Additional or Substitute Bond - If, at any time, the TOWN shall be or become dissatisfied with any surety or sureties, then upon the Performance Bond, or if, for any other reason, such bond shall cease to be adequate security to the TOWN, the Contractor shall, within five (5) days after notice from the TOWN, substitute an acceptable bond in such form and sum, and signed by such other surety as may be satisfactory to the TOWN. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due, nor shall be made until the new surety shall have been qualified. C. Prior to release of the Performance Bond, the Contrac- tor shall deliver to the TOWN a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of the Engineer's approval of the final payment request and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the TOWN that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. 10. 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 Insurance and Property Damage C-6 GROUP HOLZMACHER, McLENDON & MURRI:LL, P.C, ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT' D. ) Contractor's Protective Property Damage Insurance Liability and Owner's (TOWN) and Engineer's Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to com- mence 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' Compen- sation 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-7 GROUP HOLZMACHER, McLENDON & MURRain, ENGINEERS. ARCHITECTS SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 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 Damaqe Insurance (TOWN, and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER and/or HOLZMACHER. McLENDON & MURRELL, P.C. as ENGINEERS) - 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 and/or HOLZMACHER, McLENDON, & MURRELL, P.C., as ENGINEERS, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily injuries to, or death of, two or more persons in 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 as OWNER and/or HOLZMACHER, McLENDON & MURRELL, The coverage provided under this policy must the TOWN performs work in connection with the or in cooperation with, the Contractor or whether the same be a part of the Contract or by means of its own employees or agents, or or supervises the work to be performed by the P.C., as ENGINEERS. not be affected if project either for, as an aid thereto, separate therefrom, if the TOWN directs Contractor. Eo 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 prop- erty 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 C-8 GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) (2) ($500,000.) for bodily injuries, including wrong- ful 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. 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. 11. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the TOWN with certifi-cates of each insurer insuring the Contractor or any subcontrac-tor under this Contract, except with respect to subdivision D. of paragraph 10. In respect to this paragraph, the Contractor shall furnish the TOWN with the original insurance policy and a copy to the Engineer. 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 and Engineer with any notice of cancel-lation at least ten (10) days prior to the actual date of such cancellation. 12. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Laws, as amended, provide that no laborer, worker or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in 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 C-9 ( ROUP HOLZMACHER, McLENDON & MURR~!I~, ENGINEERS ARCHIT£CTS, SCIENTIS?S, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 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 con- tract 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 certi- fied statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 220B of the Labor Law, as amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or 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 Con- tractor 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. C-10 Gk,,.)UP HOLZMACHER, McLENDON & MURRELL,, .C. ENGINEERS, ARCHITECTS SCIENTISTS. PLANNERS and SURVEYORS CONTRACT (CONT ' D. ) Section 220D of the Labor Law provides that the advertised specifications for every Contract for the construction, recon- struction, 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 con- tracting 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 missioner, State of New York, for this Contract, in the INFORMATION FOR BIDDERS. Industrial Com- are as set forth Ail excavation shall be done in compliance with Article 36 of the General Business Law and notices given as provided by GBL Section 761. 13. 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. C-ii ROUP HOLZM^C.ER, McLENOON & MU.R , P.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS &~d SURVEYORS CONTRACT (CONT'D.) 14. ESTIMATES AND 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 Engineer. The Engineer will review the requisition and prepare a payment request based on the estimated amount of work performed and the quantity of materials furnished, 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 amount estimated by the Engineer as due him less a sum equal to five percent (5%) of such amount and 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 estimate or payment made thereon shall not be taken or construed as an acceptance by the Engineer or the TOWN of any work so estimated and paid for. The amount of the monthly estimate remaining unpaid will be retained by the TOWN as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages incurred by the TOWN by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. All partial payments are subject to correction in any subsequent payment. The retained amounts shall be paid as set forth in the following subsection B. B. Final: Thirty (30) days after the Contractor shall have substantially completed the work required of it under the Contract the Engineer will prepare an approval of Final Payment Request. Thereafter the TOWN will pay to the Contractor the remaining amount of the Contract balance less a sum equal to two (2) times the value of any remaining items to be completed and less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. As the remaining items of work are satisfactorily completed or corrected, the TOWN shall promptly pay, upon receipt of a requisition for these items less an amount necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitably discharged. Any claims, liens and judgments referred to in this section shall pertain to the project and shall be filed in accordance with the terms of the applicable Contract and/or applicable laws. C. In order to secure the performance of the covenant of the Contractor, prior to release of the Performance Bond, the Contractor shall deliver to the TOWN a Maintenance Bond equal to one hundred percent (100%) of the total Contract price, including all extras. This Maintenance Bond shall remain in full force and effect for a period of one (1) year after the date of C-12 G[<OUP HOLZMACHER, McLENDON ~ MURRr:LL, ~.C. ENGINEERS. ARCHITECTS. SCIENTIST.~ PLANNERS an(~ SURVEYORS CONTRACT (CONT ' D. ) the Engineer's approval of the Final Payment Request and such bond, which shall be executed by the Contractor and issued by a reliable, solvent surety company authorized to do business in the State of New York shall guarantee to the TOWN that the Contractor shall promptly remedy any defects or faults that may occur within twelve (12) months after completion and acceptance of the work performed by the Contractor pursuant to this Contract. D. Measurements for Payment: The Engineer shall make due measurement of the work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement, and shall be taken as the full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work; but the expense of such re-measurement or re-estimating shall, unless material error be proved, be paid for by the Contractor. 15. 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. 16. CONSTRUCTION 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 Con- tractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contrac- tor 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. C-13 GROUP HOLZMACHER, McLENDON & MURR~L, P.C. ENGINEERS ARCHITECTS, SCIENTISTS, PLANNERS end SURVEYORS CONTRACT (CONT'D.) The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the con- tract documents and, in addition thereto, will furnish the Engi- neer with a detailed estimate for final payment. Prior to being eligible to receive final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State laws of filing such other reports with agencies other than the TOWN as may be required by such existing laws or regulations. 17. INSPECTION AND TESTS Ail material and workmanship shall be subject to inspection, examination and test by the Engineer and other representatives of the TOWN at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, the Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make tests so required safe and convenient. If, at any time, before final acceptance of the entire work, the Engineer, with the TOWN's approval, considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall, upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, with the TOWN's approval, whether or not the same shall be defective, the Contractor shall be liable for the expenses of such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given, and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of costs of extra work pursuant to a Change Order signed by the TOWN and the Contractor. C-14 GROUP HOLZMACHER, McLENDON & MURRELL, P.C, ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS a~d SURVEYORS CONTRACT (CONT ' D. ) The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of the Engineer. Satisfactory documen- tary evidence that the material has passed the required inspec- tion and test must be furnished the Engineer prior to the incor- poration of the material in the work. Any rejected work shall be removed from the site of the project completely at the expense of the Contractor. 18. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep at the site of the work one (1) copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans shall have the same effect as if shown or mentioned respectively in both. In case of any conflict or inconsistency between the Plans and Specifications, the Plans shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer, whose decision therein shall be conclusive. 19. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated in the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes shall be by Change Order executed by the TOWN and Contractor. 20. CONTRACTOR'S TITLE TO MATERIALS No material or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which C-15 CONTRACT (CONT'D.) an interest is retained by the seller. that he has good title to all materials in the work. The Contractor warrants and supplies used by him 21. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a Con- struction Superintendent or Foreman who shall have full authority to act for the Contractor. It is understood that such repre- sentative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. 22. 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 pro- visions 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 provisions of 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 con- tract 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. C-16 GROUP HO U^c. ER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT'D.) 23. PATENT RIGHTS AS part of his obligation hereunder and without any addi- tional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the TOWN for any loss on account of any infringement of any patent rights, unless prior to his use in the work of a particular process or a product of a particular manufacturer, he notifies the TOWN in writing that such process or product is an infringement of a patent. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: A. That he is financially solvent and that he is experi- enced 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 Munic- ipal 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 construc- tion will not injure any person or damage any property; and D. That he has carefully examined the Plans, Specifica- tions, and the site of the work, and that from his own investiga- tion he has satisfied himself as to the nature and location of the work, the character, location, quality and quantity of sur- face 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 condi- tions which may in any way affect the work or its performance. 25. 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 C-17 GROUP HOLZMACHER, McLENDON & MURREL~L, P.C. ENGINEERS, ARCHITECTS SCIENTISTS, PLANNERS &r3d SURVEYORS CONTRACT (CONT'D.) amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract docu- ments and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engi- neer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or else- where in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engi- neer 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. 26. SURVEYS The Engineer will furnish to the Contractor all layouts, measurements and lines and grades necessary for the execution of the work. When and as requested, the Contractor will furnish the necessary stakes and spikes for laying out such lines and grades and the unskilled labor necessary to place same and/or to assist in measuring. 27. CHANGES AND ALTERATIONS The TOWN reserves the right to make alterations in the location, line, grade, plans, form or dimensions of the work, or any part thereof, either before or after the commencement of the construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the unit prices for such work as contained in the schedule of prices. If such alterations decrease the amount of work, such decreases shall be a credit to the TOWN based on the quantity of work not performed as agreed to by the TOWN and the Contractor and at the unit prices for such work as contained in the Schedule of Prices. C-18 GROUP HOLZM^CHE., McLENDON & MURRELL, P.C. ENGINEERS. ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTI:L~CT (CONT ' D. ) 28. CORRECTION OF WORK Ail work and all materials, whether incorporated into the work or not, all processes of manufacture and all methods of con- struction shall be, at all times and places, subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of con- struction suitable for the purpose for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the contract documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in the judgment of the Engineer, shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship, and agrees to correct any defects, settlements, or shrinkages which may appear within one (1) year following the date of the final payment request. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 29. WEATHER CONDITIONS The Contractor will and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If any work or materials shall have been damaged or injured by reason of the failure on the part of the Contractor or any of his subcontractors to protect his, or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. 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: C-19 HOLZMACHER, McLENDON & MURRE'L'[., P.C. ENGINEERS. ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT'D) 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. 31. 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 proceed- ings 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 ordinances, regulations, and/or the TOWN; shall fail or refuse to regard laws, or the instructions of the Engineer 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. C-20 GROUP HOLZMACHER, McLENDON & MURRELL, P.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYORS CONTRACT (CONT ' D. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, engineering, administration, legal, testing and observation services and any damages for delay), such excess shall be paid to Contractor. If the expense shall exceed the unpaid balance, the Contrac- tor and his sureties shall be liable to the TOWN for such excess. 32. 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, materialmen, or subcontractors, the Contractor may, upon ten (10) days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. Upon termination by the Contractor the TOWN may take possession of the work and complete the work by Contract or otherwise, as the TOWN solely may deem expedient. If the Contract is terminated by the Contractor, the lia- bility of the TOWN to the Contractor shall be for al~ work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment, including reasonable profit and damages. 33. RESPONSIBILITY OF WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final accep- tance, 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 C-21 CONTRACT (CONT'D,) 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 pay- ment or other estimate shall not be construed to be an acceptance of any defective work. 34. 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 equip- ment 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 place upon any of the completed work only such superimposed loads as are consistent with the safety of that portion of the work; D. 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; E. Before the Engineer's approval of the Final Payment Request, to remove all surplus material, temporary structures, plants of any description and debris of any and every nature resulting from his operations and to put the site in a neat and orderly condition. 35. 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. C-22 Gk,3UP HOLZMACHER, McLENDON & MURRELL, C, ENGINEERS. ARCHITECTS. SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT' D. ) 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 deter- mined 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. 36. 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. 37. 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 forth- with be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign any money due him hereunder without first obtaining the written consent of the TOWN. This Contract shall inure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. C-23 GROUP .o. ~M^C.E.. ENGINEERS, ARCHITECTS SCIENTISTS, PLANNERS amd SURVEYORS CONTRACT (CONT'D) IN WITNESS WHEREOF, the parties hereto have set and seals the day and year first above written. TOWN OF SOUTHOLD BY: (TOWN SEAL) their hands (SEAL) CONTRACTOR BY: TITLE: STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) On the day of , 19 , before me personally came , to me known, who being by me duly sworn, did depose and say that he/she is the duly elected SUPERVISOR of the TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, NEW YORK, and that at a meeting of the Town Board of the Town of Southold, duly held on the __ day of , 19 , the said Board, also acting in its capacity as the Governing Body of Town of Southold, authorized the said SUPERVISOR to execute and any contracts on behalf of the Town; that he/she knows seal of said Town, and that the said Town seal affixed the all the to the affixed signed foregoing instrument is its corporate seal; that it was thereto by order of the said Board, and that he/she his/her name thereto by order of said Board and executed the said instrument on behalf of the said Town by like order and authority. NOTARY PUBLIC C-24 GROUP HOLZMACHER, McLENDON & MURRELL, ;~.C. ENGINEERS, ARCHITECTS, SCIENTISTS, PLANNERS and SURVEYOR~ CONTRACT (CONT ' D. ) ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF NEW YORK) ) COUNTY OF ) On this day of personally came and appeared known, who by me being duly resides at , 19 sworn, did depose and of the Corporation described in and which executed the instrument, that he knows the seal of said corporation, , before me , to me say that he that he is the foregoing that one of the seals affixed to said instrument is such seal, that it was so affixed by order of the Directors of said Corporation, and that he signed his name thereto by like order. NOTARY PUBLIC C-25 GROUP HO~M^CHER, McLENDON & MURREL~L, P.C. ENGINEERS ARCHITECTS, SCIENTISTS PLANNERS and SURVEYORS CONTRACT (CONT'D) ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF NEW YORK) ) COUNTY OF ) On this day of , 19 , before me personally came and appeared , to me known, and known to me to be one of the members of the firm of , described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same as and for the act and deed of said form. NOTARY PUBLIC C-26 I GRO P Holzmacher, McLendon & MurrelL P.C. · lt2M Ass0~iates, Inc. H2M Construction Management, Inc. · H2M Labs, Inc. 575 Broad Hollow Road, Melville, NY 11747-5076 (516) 756-8000 · Fax: (516) 694-4122 April 10, 1996 Judith T. Terry, Town Clerk Town of Southold 53095 Main Road Southold, NY 11971 Re: Scavenger Waste Treatment Plant Waste Transport and Disposal Specifications SOHT 9602 APR 1 1 1996 Dear Ms. Teny: Enclosed please find eight (8) copies of the Technical Specifications for the project entitled "Scavenger Waste Transport" for the Town of Southold. As you are aware, the project is being advertised on April 11, 1996 and a bid opening date scheduled for April 24, 1996. Due to the tight schedule of bidding, I would appreciate it if you could have the Town Attorney review the form of contract and provide any review comments by April 18, 1996. I will contact prospective bidders for the project and will keep you informed if any addendums to the specifications are required. If any questions arise, please contact our office at 756-8000, Ext. 610. Ve~2~ truly yours, HOLZMACHER, McLENDON & MORRELL, P.C. George W. Desmarais, P.E. GWD/cdr cc: Town Board Laury L. Dowd, Esq. L:\Filcs\C h eryl\Specs\Soht 9602~Leiler. Doc ENGINEERS ARCHITECTS SCIENTISTS PLANNERS CONSTRUCTION MANAGERS SURVEYORS ~ GROUP .OLZM^CHER, McLENDON & MURRELL, P.C. ENGINEERS. ARCHITECTS. SCIENTISTS. PLANNERS and SURVEYORS 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 11:00 AM, Prevailing Time on Wednesday, April 24, 1996, at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO. SOHT 96-02 A deposit 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 11:00 AM, Prevailing Time on Thursday, April 11, 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the total bid. BY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TERRY TOWN CLERK SOHT 9602 NB-1 NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be re- ceived by the Town Board, on behalfo£the Town of Southold, in the Town Hail, 53095 Main Road, Southold, New York 11971, not later than 11:00 A.M., Prevailing Time on Wednesday, April 24, 1996, at which time they will be pub- licly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO. SOHT 96-02 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 11:00 A.M., Prevailing Time on, Thursday, April 11, 1996. Each bid shall be accompa- nied by a bid bond or certified check on a solvent bank &the State of New York, in the amount of five percent (5%) of the total bid, The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informal- ity 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 sub- mitted 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: April 5, 1996 Judith T. Terry Southold Town Clerk 1 X-4/11/96(63) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Joey Mac Lellan, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for / ........................................................................ weeks successively, commencing on the ...../..../....~. ..... 'f";'i~ n~t°~bef'ire m e'ihis ....iiiilf.~iiiii~f ';'2":"if Notary Public BARBARA A, SCHNEIDER NOTiff~Y I~'U£!LIC, State of N~w York Qua}~d in Sufi~lk County ~ Comn,i~si0n apires S/~V~~ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that on the 5th day of April 1996, 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 Count,/, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Legal Notice, Notice to Bidders, Scavenger Waste Treatment Facility' Waste Transport and Disposal. Bid opening: 11:00 A.M., Wednesday, April 24, 1996, Southold Town Clerk's Office. Sworn to before me this 5th day of April , 1996. Notary Public HELENE D. HORNE Notary Public, State of New Yolk No. 4951364 Qualified in Suffolk County Commission Expim~ t~ 22. 19 Judith T. T~,~Fy ~ $outhold Town Clerk 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 11:00 A.M.. Prevailing Time on Wednesday, April 24, 1996, at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO. SOl-IT 96-02 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 11:00 A.M., Prevailing Time on Thursday, April 11, 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the total bid. The Town Board of the Town of Southold 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: April 5, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 11, 1996, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorney G. Desmarais, H2M Group Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board 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 11:00 A.M., Prevailing Time on Wednesday, April 2~I, 1996, at which time they will be publicly opened and read aloud, for the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO. SOHT 96-02 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 11:00 A.M., Prevailing Time on Thursday, April 11, 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) of the total bid. The Town Board of the Town of Southold 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: April 5, 1996. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON APRIL 11, 1996, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler-Watchman Town Board Members Town Attorney G. Desmarais, H2M Group Dodge Reports Brown's Letters Burrelle's Information Services Town Clerk's Bulletin Board P 02 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 11:00 AM, Prevailing Time on Wednesday, April 24. 1996, at wigch time they will be publicly opened and read aloud./'or the following project: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO. $OHT 96-02 required for a set of specifications. TIlE ABOVE KEFERENCED, SPECIFICATIONS, may be seen at or procured from the office of the Town Clerk, 53095 Mare Road, Southold, New York 11971, atler 11:00 AM, Prevailing Time on Thursday, April 11. 1996. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five percent (5%) o/'the total bid: hlY ORDER OF THE TOWN BOARD TOWN OF SOUTHOLD JUDITH T. TEI~R.Y TOWN CLERK ~OH]' 9602 NB- I I , GF OUP Holzmacher, McLendon & Murrell, P.C. H2M Construction Management, Inc. H2M Assoc/ates, Inc. H2M Labs, Inc. 575 Broad Hollow Road Melville, New York 11747 PHONE: (516) 756-8000 FAX: (516) 694-4122 COMMENTS: ;;over sheat)~ NOTE: PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES ~Off OFFICE Pro~eot IVo.: Re/mb: Se~det' [I,.]~alJ :__f,~ JUDITH T. TERRY 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 (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON APRIL 2, 1996: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for removing scavenger waste from the Southold Town Wastewater Treatment Facility. Judith T. Terry ~/ Southold Town Clerk April 3. 1996