HomeMy WebLinkAboutScavenger Waste removal$25.00 non-refundable fee to obtain bid specifications
(postage included in the fee)
BID - REMOVAL OF SCAVENGER WASTE
2.
3.
5.
6.
BID OPENING:
FEBRUARY 11,
1998, Wednesday,
10:00 A.M.
NO BIDS WERE RECEIVED
NOTICE TO BIDDERS
PLEASE TAKE NOTICE thai
sealed ~ids will bc received by the
Town Board, on behalf of the Town of
STATE OF NEW YORK)
)SS:
~{]OF~1~" SUFFOLK) ~/~r~/[-~ of
~-'l,' Mattituck, in said
county, being duly sworn, says that he/she is
Principal clerk of THE SUFFOLK TIMES, a
weekly newspaper, published at Mattlmck, in
the Town of Southold, County of Suffolk and
State of New York, and that the Notice of which
the annexed is a printed copy, has been regu-
larly published in said Newspaper once each
week for I weeks successively,
Sworn to b~o~re me this
/~p, day of ~z~ ~ ~
the
19 ~ -- day
Principal Clerk
19 93'
MARY DIANA FO?ER
NOTARY PUBLIC,
43 524655242, SUCH*L-
Jan-13-98 01:10P Times/Review Newsco~'p 5162985725
]KiN 13 'ga 01:1G,c~1 s0d~LD TO~JN HI:ILL 1B~3
P.O1
P.!
I~OOP..D$ MAiq'AG~'M~4'I' OFFICER
~I~OM OF ~T~OPJL&~ON OFfiCER
Town ~l&ll,
P,O. Box 1179
~u~d, ~ew York 11971
~s~ph~ (516) 7~1~0
OFFICE OF THE TOWN C~-~.~X
TOW'~ OF SOUTHOLD
FAX TRANSMITTAL
TO:
FROM:
DATE:
RE:
K~pr,~l WII. L"u5 - (:miFl:nl k' )'lk'Fq
RETTY ~',Vim' ~ 'I'hlMM L'i S:RI~
III)tll
LEGAL NOTICES
Number of Plges (includir~g cover):
If total tr~n~mitt~l is not received, ple~se call (S1~)76S-1100.
COMMENTS:
TWCX~.(.E) LEGAL NOTICES FOR PUBLICATION IN YOUR THURSDAY, JANUARY
15, lSgl EDITION OF YOUR NEWSPAPER:
(I) Scavenger Waste TrMtment Facility W~ste Trensport and BIKmsal
(Z) 9ale of IBM ~$ SX Ca~putm' ~ Monitor
PLEASE SIGN BELOW ACKNOWLEDGING RECEIPT AND FAX BACK TO ME AT
765-1823. THANK YOU.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATIS/'~CS
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
TOWN OF SOUTHOLD
FAX TRANSMITTAL
TO:
FROM:
DATE:
RE:
KAREN WlLLIAM~ - <;IIFF(31 K TIMES
BETTY NEVILIJ=. T(IWN £1FRK
1113/98
LEGAL NOTICES
Number of Pages {including cover): 5
If total transmittal is not received, please call (516)765-1800.
COMMENTS:
TWO (2) LEGAL NOTICES FOR PUBLICATION IN YOUR THURSDAY, JANUARY
15, 1998 EDITION OF YOUR NEWSPAPER:
(1) Scavenger Waste Treatment Facility Waste Transport and Disposal
{2} Sale of IBM 55 SX Computer g Monitor
PLEASE SIGN BELOW ACKNOWLEDGING RECEIPT AND FAX BACK TO ME AT
765-1823. THANK YOU.
Karen Wiliams Received
Date Time
.............. : .............................................................. TRAMSMISSIOM RESULT REPORT .................... (JAM 13 '98 OI:i?PM) ...............
Sou~LD TOWN HALL 516 ?65 1823
................................................................................................................................................................................ (AUTO) ...................
DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE
TIME IDENTIFICATION SULTS PAGES MO.
JAM 13 01:15PM 298388? 0i'32" OK ES 05 889
E)ECM >)REDUCTION S)STAMDARD M)MEMORY C)COMFIDENTIAL ~)BATCH
D)DETAIL $)TRAMSFER
F)FIME P)POLLIMG
LEGAL NOTICE
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the
Town Board, on behalf of the Town of Southold, in the Town Hall,
53095 Main Road, Southold, New York 11971, not later than 10:00
A.M., Prevailing Time on Wednesday, February 11, 1998, at which
time they will be publicly opened and read aloud, for the following
project:
SCAVENGER WASTE TREATMENT FACILITY
WASTE TRANSPORT AND DISPOSAL
A non-refundable fee of Twenty-Five Dollars ($25.00) payable
to the Town of Southold will be required for a set of specifications.
THE ABOVE-REFERENCED SPECIFICATIONS, may be seen at or
procured from the office of the Town Clerk, 53095 Main Road,
Southold, New York 11971, after 10:00 A.M., Prevailing Time on
Thursday, January 15, 1998.
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
"aid 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: January 6, 1998
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON JANUARY 15. 1998 AND FORWARD ONE
(1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE,
TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971.
Copies to the following:
The Suffolk Times
Town Board Members
Town Attorney
Dodge Reports
Browns's Letters
Burrelleas Information Services
Town Clerk's Bulletin Board
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York
being duly sworn, says that on the 13th day of January 1998
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
S~uthold, Suffolk County, New York, to wit: Town Clerk's Bulletin
Board, Southold Town Hall, 53095 Main Road, Southold, New York.
Legal Notice, Notice to Bidders, Scavenger Waste Treatment Plant Facility
Waste Transport and Disposal. Bid Opening: 10:00 A.M. Wednesday,
February 11. 1998. Southold Town Clerk's Office.
Sworn to before me this
13th day of January , 1998.
-- No.fy Publi~
INDEX
TOWN OF SOUTHOLD
CONTRACT
REMOVAL, TRANSPORTATION AND DISPOSAL
OF SCAVENGER WASTE FROM THE
SCAVENGER WASTE TREATMENT FACILITY
Page Number
INDEX PAGE 1
NOTICE TO BIDDERS 2
INSTRUCTIONS FOR BIDDERS/WAGE RATES 3 - 6
QUALIFICATIONS OF BIDDER 7
PROPOSAL 8- 15
BUILDER'S RISK INSURANCE 16
GENERAL CONDITIONS 17 - 22
SECTION 13219 - SCAVENGER WASTE REMOVAL,
TRANSPORTATION AND DISPOSAL 23 - 25
CONTRACT 26 - 39
NOTICE TO BIDDERS
PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of
the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971 not later
than 10:00 a.m., Prevailing time on Wednesday, February 11, 1998, at which time they will be
publicly opened and read aloud, for the following project:
SCAVENGER WASTE TREATMENT FACILITY
WASTE TRANSPORT AND DISPOSAL
A non-refundable fee of Twenty-Five Dollars ($25.00) payable to the TOWN OF
SOUTHOLD will be required for a set of specifications. 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
10:00 a.m., Prevailing time on Thursday, January 15, 1998.
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
ELIZABETH A. NEVILLE
TOWN CLERK
DATED: January 12, 1998
2
INSTRUCTIONS TO BIDDERS/WAGE RATES
I. RECEIPT AND OPENING OF BIDS
The Town Board, of the Town of Southold, Southold, New York (herein called the "Town")
invites bids on the forms attached hereto. All blanks on these forms must be filled in appropriately
and completely including the attached non-collusive bidding certificate.
Proposals shall be enclosed in opaque sealed envelopes plainly marked, TOWN OF
SOUTHOLD, NEW YORK, PROPOSAL FOR REMOVAL, TRANSPORTATION AND
DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT
FACILITY, and the name and address o£the bidder. Bids may be forwarded by mail at the sole risk
of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal
and marked as directed above, must be enclosed in another envelope properly addressed For mailing.
The Town may consider informal any bid not prepared and submitted in accordance with the
provisions hereof, and may waive any information in or reject any and all bids. Any bid may be
withdrawn prior to the above scheduled time for the opening of bids or authorized postponement
thereof. Any bid received after the time and date specified, shall not be considered.
2. DESCRIPTION OF THE WORK
Said work is more particularly described in the attached specifications. The specifications are
attached to and are a part of the contract documents.
3. PREPARATION OF PROPOSAL
Proposals shall be submitted on the prescribed form. All blank spaces for unit prices, lump
sums, total prices and alternates must be filled in, written in ink or typewritten, in both words and
figures.
4. ERRORS IN BID
In the event there is a discrepancy between the unit prices and/or lump sums written in words
and written in figures, the unit prices and/or lump sum written in words will govern. In the event
there is a discrepancy between the unit price and the total price for a particular item, the unit price
will govern.
5. APPROXIMATE QUANTITIES
The quantities given in the proposal are approximate only, being given as a basis for the
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 Town, and shall not, at any time after the
submission of a bid, dispute or complain of such statement or estimate of the Town, nor assert that
there has been any misunderstanding in regard to the nature or amount of the work to be done.
7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES
An increase or decrease in the quantity for any unit price item shall not be regarded as
sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed
for the completion of the work, except as provided in the Contract.
8. INTENT OF CONTRACT DOCUMENTS
The intent of the Contract Documents is to obtain a complete job, satisfactory to the Town.
It shall be understood that the bidder has satisfied himself as to the full requirements of the Contract,
and has based his proposal upon such understanding. Compensation for all work and materials
required to complete the Contract shall be considered included in the various unit price and lump
sum bids on the items as listed in the proposal.
9. CONDITIONS OF WORK
Each bidder must inform himself fully of the conditions relating to the construction and labor
under which the work will be performed; failure to do so will not relieve a successful bidder of his
obligation to furnish all material and labor necessary to carry out the provisions of the Contract
Documents and to complete the contemplated work for the consideration set forth in his bid.
At the time of the opening of bids, each bidder will be presumed to have inspected the site
and to have read and to be thoroughly familiar with the Contract Documents, including all addenda.
The failure or omission of any bidder to receive or examine any form, instrument or document shall
not relieve any bidder from any obligation in respect of his bid. Site inspection shall include surface
and subsurface conditions
4
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.
I1. 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.
1 2. 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.
INSTRUCTIONS TO BIDDERS/WAGE RATES (CONT'D)
It is the purpose of the Town not to award the Contract to any bidder who does not furnish
satisfactory evidence that he is responsible and that he has sufficient capital, ability, experience and
plant to enable him to prosecute the work successfully, and to fulfill all the requirements of the
Contract.
14. REJECTION OF BIDS
The Town reserves the right to reject any or all bids, or to accept any bid should it deem it to
be for its best interest so to do. Bids not prepared and submitted in accordance with the provisions of
the Instructions to Bidders, and bids which are incomplete, conditional or obscure; or which contain
additions not called for, erasures, alterations or irregularities of any kind, may be rejected as
informal.
15. POWER OF ATTORNEY
Attorneys in fact who sign contract bonds must file with each bond a certified copy of their
power of attorney to sign said bonds.
16. VISIT TO SITE
THE CONTRACTOR IS REQUIRED TO VISIT THE WORK SITE PRIOR TO
SUBMITTING HIS BID.
17. SPECIFICATIONS FEE
The Twenty-Five Dollars ($25.00) fee for each set of specifications is non-refundable.
18. LABOR RATES
The Contractor shall pay not less than the minimum hourly wage rates on this Contract as
established in accordance with Section 220 of the Labor Law, 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.
6
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 (!) year (minimum of five (5) such projects):
FIRM NAME:
ADDRESS:
SIGNED BY:
TITLE:
PROPOSAL
TO THE TOWN BOARD, TOWN OF SOUTHOLD, SUFFOLK COUNTY, STATE OF NEW
YORK, acting for and on behalf of the TOWN OF SOUTHOLD.
BIDDER'S DECLARATION: The undersigned, as Bidder, declares that the only person or persons
interested in this bid or proposal as principal or principals is or are named herein; and that no other
person than herein named has any interest in this proposal or in the contract proposed to be taken;
that this bid or proposal is made without any connections with any other person or persons making a
bid or proposal for the same purpose; that the bid or proposal is in all respects fair and without
collusion or fraud; that it has examined the site of the work, the Contract and Specifications and the
Drawings referred to; and has read the Notice to Bidders, Information for Bidders and General
Conditions hereto attached and fully understands all the same; and it proposes and agrees, if this
proposal is accepted, it will contract with the TOWN BOARD of the TOWN OF SOUTHOLD in
the Contract accompanying this bid to perform all the work required in accordance with the Plans
and as mentioned in said foregoing Information for Bidders, General Conditions, Notice to Bidders,
Contract and Specifications; and it will accept in full payment therefor the following sums to wit:
PROPOSAL
TOWN OFSOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: February 11, 1998
TIME: 10:00 A.M.
BASE BID
The undersigned further understands and agrees that he is to furnish all labor, material, equipment,
permits, supplies and other facilities necessary and required for the execution and completion of:
REMOVAL, TRANSPORTATION AND DISPOSAL
OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY
in strict accordance with the contract documents for:
ITEM l - 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 2,200,000 gallons of scavenger waste to an approved disposal location for a
contract period between March 1, 1998 to December 31, 1998.
PRICE PER GALLON
TOTAL
DOLLARS
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 2,500,000 gallons of scavenger waste to an approved disposal location for a twelve
(12) month contract period between January [, 1999 to December 31, 1999. The Town will notify
the contractor within the 90 day period prior to expiration of Item 1 if it will select this alternate bid.
DOLLARS
PRICE PER GALLON
TOTAL DOLLARS
9
PROPOSAL
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: February 11, 1998
TIME: 10:00 A.M
ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION,
FACILITY
NAME:
FACILITY
ADDRESS:
FACILITY CONTACT
PERSON:
FACILITY CONTACT PHONE
NUMBER:
TOTAL BID (SUM OF ITEMS 1 AND 2)
TOTAL
DOLLARS
Unit prices bid per gallon shall be used as additions or deductions based on the actual
quantity of scavenger waste removed and disposed 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 ifa contractor's
stated unit prices are evaluated as unreasonable.
The Town also reserves the right to void this contract after fifteen days notice.
IO
THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TEN (10) MONTHS UNDER
ITEM I, A PERIOD OF TWENTY (22) 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 FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY
CALENDAR DAY BEYOND FIVE (5) DAYS.
II
PROPOSAL {CONT' D.)
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE
FROM THE SCAVENGER WASTE TREATMENT FACILITY
BID DATE: February 11, 1998
TIME: 10:00 A.M.
THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE FOLLOWING
ADDENDA (IF ANY):
_ADDENDUM NO. DATED
CONTRACTOR:
ADDRESS:
SIGNED BY:
TITLE:
DATE:
FEDERAL ID NO. OR
SOCIAL SECURITY NO:
TELEPHONE NO: BUSINESS:
EMERGENCY:
12
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 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.
13
PROPOSAL
NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and,
in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of
perjury, that to the best of its knowledge and belief:
(a)
(b)
(c)
The prices in this bid have been independently arrived at without collusion,
consultation, communication or agreement with any other bidder or with any
competitor for the purpose of restricting competition as to any matter relating to such
prices;
Unless otherwise required by law, the prices which have been quoted in this bid or
proposal have not been knowingly disclosed and will not be knowingly disclosed by
the bidder, directly or indirectly, to any other bidder or competitor prior to the
opening of the bids for this project; and
No attempt has been or will be made by the bidder to induce any other person
partnership or corporation to submit or not to submit a bid for the purpose of
restricting competition.
Southold, New York
Dated: FEBRUARY __, 1998
Respectfully submitted,
FIRM
NAME:
FIRM ADDRESS:
SIGNED
BY:
TITLE:
14
If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached
setting forth in detail the reasons theretbr.
Indicate if statement is attached:
15
BUILDERS RISK INSURANCE, INDEMNITY, LIMITATION OF LIABILITY
I. BUILDERS RISK INSURANCE
The Contractor shall purchase and maintain during the course of construction until issuance
of the "APPROVAL OF FINAL PAYMENT", an ALL RISK. Builders Risk coverage insurance
policy in the full amount of the contract. The policy shall name as co-insureds the CONTRACTOR
and the OWNER. The original copy of the policy shall be delivered to the OWNER, stamped
PREMIUM PAID.
2. INDEMNITY
The Contractor and all sub-contractors performing work in connection with this contract
shall HOLD - HARMLESS, INDEMNIFY and defend the OWNER, their consultants, and each of
their officers, agents and employees from any and all liability, claims, losses or damage arising out of
or alleged to arise from the Contractor's or sub-contractor's negligence in the performance of the
work described in the contract documents, but not including liability that may be due to the sole
negligence of the OWNER or its officers, agents and employees.
3. LIMITATION OF LIABILITY
The Contractor and all sub-contractors agree to limit the liability of the OWNER due to the
Owner's professional negligent acts, errors, or omissions, such that the total aggregate liability of the
Owner to those named shall not exceed Fifty Thousand Dollars ($50,000.), or 5% of the contract
award amount, whichever is greater.
16
GENERAL CONDITIONS
1.0 - GENERAL CONDITIONS
The "General Conditions" are hereby made a part of these Specifications and are attached herein.
Where any article of the General Conditions is supplemented hereby, the provisions of such article
shall remain in effect. All the supplemental provisions shall be considered as added thereto. Where
any such article is amended, voided or superseded thereby, the provisions of such article not so
specifically amended, voided or superseded shall remain in effect.
Work, materials, plant, labor and other requirements of the General Conditions shall be furnished by
the Contractor. No direct payment shall be made for these General Conditions, and payment shall be
deemed to be included in the Contract price of the various items of the entire Contract.
2.0 - CONTRACT DOCUMENTS
The Contract Documents include, but are not limited to, the General Conditions, General
Specifications, Detailed Specifications, Plans, Proposal, Contract and other sections as are either
cited on the index page(s) or actually included in the bound documents.
Each section of the Contract Documents is intended to be complementary to the other sections.
It is intended that they include all items of labor and materials and everything required and necessary
to complete the work, even though some items of work or materials may not be particularly
mentioned in every section or may have been inadvertently omitted from the Drawings or
Specifications or both.
3.0 - APPROVAL OF SUBCONTRACTORS AND MATERIALS
Prior to commencing any work under this Contract, the Contractor shall submit to the Town for
approval a list of all the subcontractors and material suppliers it proposes to use for this Contract.
No subcontractor or material supplier will be permitted to deliver materials or perform any work on
this Contract until it has been approved by the Town.
17
GENERAL CONDITIONS (CONT'D.)
4.0 - INTERPRETATION OF DRAWINGS. ETC.
In the event of discrepancies between the Drawings and the Specifications, the following order shall
be given preference when making interpretations
(a) Addenda (later dates to take precedence over earlier dates);
(b) Drawings (schedules or notes to take precedence over other data shown on Drawings);
(c) Detailed Specifications
(d) General Specifications
(e) General Conditions
All work that may be called for in the Specifications, shall be furnished and executed by the. Should
any work or material be required which is not denoted in the Specifications, either directly or
indirectly, but which is necessary for the proper carrying out of the intent thereof, it is understood
and agreed that the same is implied and required, and that the Contractor shall perform such work
and furnish such materials as if they were completely delineated and described.
5.0 - ADDITIONAL WORK
Additional work, if required to be performed under this Contract, will be in accordance with the
applicable paragraphs of the Contract. The Engineer shall be the sole judge as to whether such work
was intended as part of the Contract or is in addition thereto.
GENERAL CONDITIONS (CONT'D.)
6.0 - OCCUPATIONAL SAFETY AND HEALTH ACT
The Contractor shall meet all standards of the Occupational Safety and Health Act of 1970, and
subsequent revisions. This shall include, but not be limited to, the following areas:
Sanitation, noise, radiation, gases, vapors, fumes, mists, dust, illumination, ventilation,
protective equipment, fire protection, waste disposal, electrical hazards, scaffolds and
ladders, floor holes and wall openings, heavy equipment and permit-required confined spaces.
All specific requirements of the Act shall be adhered to.
7.0 - SAFETY PROVISIONS
The Contractor shall take every precaution and shall provide such equipment and facilities as are
necessary or required for the safety of its employees. In case of an accident, first aid shall be
administered to any who may be injured in the progress of the work. In addition, the Contractor shall
also be prepared for the removal to the hospital for treatment of any employee either seriously
injured or ill
8.0 -SANITARY REGULATIONS
In addition to compliance with the Occupational Safety and Health Act, the Contractor shall erect
and maintain necessary sanitary conveniences for the use of employees on the work. Such
conveniences shall be properly secluded from observation, and their use shall be strictly enforced.
Such sanitary conveniences shall be constructed in compliance with all laws, ordinances and
regulations governing these facilities. The contents of the same shall be removed with sufficient
frequency to prevent nuisance, and disposed of to the satisfaction of the Engineer.
The Contractor shall obey and enforce such other sanitary regulations and orders and shall take such
precautions against infectious diseases as may be deemed necessary. In case any infectious diseases
occur among its employees, it shall arrange for the immediate removal of the patient from the work
and his isolation from all persons connected with the work.
The building of shanties or other structures for housing the workers, tools, machinery or supplies will
be permitted only at approved places, and the sanitary condition of the grounds in and at such
shanties or other structures must, at all times, be maintained in a satisfactory manner.
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GENERAL CONDITIONS (CONT'D.)
9,0 - RESPONSIBILITY OF CONTRACTOR
The Contractor is responsible for complete conformance to the Plans and Specifications; proper
construction procedures; coordination with subcontractors, other contractors and utilities; and safe
working conditions for its employees.
10.0-LABOR
All contractors and subcontractors employed upon the work shall and will be required to conform to
the Labor Laws of the State of New York and the various acts amendatory and supplementary
thereto, and to all other laws, ordinances and legal requirements applicable thereto.
All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their
respective trades. The standards of the work required throughout shall be of such grade as will bring
results of the first class only.
I 1.0 - CONTRACTOR'S REPRESENTATIVE
The Contractor, in case of its absence from the work, shall have a competent representative or
foreman present, who shall follow without delay all instructions of the Engineer or his assistants in
the prosecution and completion of the work in conformity with this Contract, and shall have full
authority to supply labor and material immediately. The Contractor shall also have a competent
representative available to receive telephone messages and provide a reasonable reply as soon as
possible, but not later than 24 hours.
12.0 - SCHEDULE OF VALUES
N/A
20
GENERAL CONDITIONS (CONT'D.)
13.0 ~ INCOMPETENT EMPLOYEES
The Contractor shall employ only competent, skilled and faithful workers to do the work. Upon
request of the Engineer in writing, the Contractor shall suspend or discharge from the work any
disobedient, disorderly or incompetent person or persons employed thereon, and will not again
employ any person so suspended or discharged without the consent of the Engineer.
This requirement shall not be made on the basis of any claim for compensation or damages against
the Town or any of its officers or agents.
14.0 - CLAIMS OR PROTESTS
If the Contractor considers any work required of it to be outside the requirements of the Contract or
considers any record or ruling of the Town as unfair, it shall ask for written instructions or decisions
immediately, and then file a written protest with the Town against the same within five (5) days
thereafter, or be considered as having accepted the record or ruling.
15.0 - NOTIFICATION. INTERFERENCE AND INJURY TO UTILITIES
The Contractor shall cooperate in every way with the utility companies.
All excavation shall be done in compliance with Article 36 of the General Business Law and notices
given as provided by CLS General Business Law, Part 761.
All conduits, water mains and gas mains encountered in the construction shall be properly and safely
taken care of by the Contractor, who shall, upon encountering same, notify the public corporation to
whom they belong in order that they may be changed in such a manner as not to interfere with the
final construction.
In case any damage shall result to any service pipe for water or gas, or any private or public sewer or
conduit, by reason of negligence on the part of the Contractor, the Contractor shall, without delay
and at its own expense, repair the same to the satisfaction of the Town. If such repairs are not made
promptly or satisfactorily, the Town may have the repairs made by another Contractor or otherwise,
and deduct the cost of same from any moneys due or to become due the Contractor.
21
GENERAL CONDITIONS (CONT'D.)
16.0 - INFRINGEMENT OF PATENTS
The Contractor further agrees to hold itself responsible for any claims made against the Town for any
infringement of patents by the use of patented articles in any one phase of construction of the work
and the completion of same, or any process connected with the work agreed to be performed under
this Contract or of any materials used upon said work, and to save harmless and indemnify the Town
from all costs, expenses and damages which the Town shall be obliged to pay by reason of any
infringement of patents used in the construction and completion of the work.
17.0 - DAMAGES
All damages, direct or indirect, of whatever nature either resulting from the performance of or
resulting to the work under this Contract during its progress from whatever cause shall be borne and
sustained by the Contractor, and all work shall be solely at its risk until the date of the final payment
request, as prepared by the Town.
18.0 - GUARANTEE/WARRANTY
The Contractor shall guarantee and warrant its work and that of its subcontractors against defects in
workmanship and/or materials for a period of one (1) year from the date of the final payment request,
as prepared by the Town, except as otherwise specified. Upon written notification from the Town,
the Contractor shall repair, replace or reconstruct such defects to the satisfaction of the Town, at no
cost to the Town.
19.0 - STANDARDIZATION
The Detailed and General Specifications indicate specific manufacturers and/or catalog numbers,
etc., for the purpose of standardization within the Town in order to minimize stockpiling of
replacement parts.
20.0 - DEFINITIONS
The words "or approved equal", as hereinafter used, shall refer to the use of an equal product that
has received prior approval by the Engineer for the Town.
The word "Engineer" refers to James Richter, Town Engineer for the Town of Southold or other
employee designated by the Town Board to administer this contract.
22
SECTION 13219 - SCAVENGER WASTE REMOVAL TRANSPORTATION AND DISPOSAL
PART 1 - GENERAL
1.1 - SECTION INCLUDES
A. Pump/remove, transport and dispose of the contents of scavenger waste from the
equalization tank at the Town of Southold Scavenger Waste Treatment Facility.
1.2 - REGULATORY REQUIREMENTS
A. The Contractor shall be a New York State licensed scavenger waste hauler for the
transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in
accordance with 6 NYCRR Part 364 throughout the duration of the contract.
B. Permits for transport through other states to the disposal location shall also be
maintained.
C. Obtain all local, county and state permits, and all fees associated with the removal,
testing, transportation and disposal of the scavenger waste. The Contractor will be required to
transpor[ scavenger waste to an approved disposal location. The Contractor will be allowed to
remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding
holidays observed by the Town of Southold.
1.3 - SUBMITTALS
A. Within one week of contract execution and prior to beginning any transferring and
transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all
applicable permits have been obtained for transporting and disposing the scavenger waste, and attach
with that copies of all permits. All expenses, including permit fees, toll payments, and disposal fees,
shall be borne by the Contractor.
B. If transfer stations and temporary storage facilities are utilized prior to disposal, or
if additional treatment or processing is performed prior to the disposal, the Contractor shall furnish
copies of the appropriate permits for such facilities.
C. Within seven (7) days of contract execution and at least forty-eight (48) hours
before disposing of the initial volume of scavenger waste, the Contractor shall notify the Town that
the proper disposal facility has been identified, and that the facility is being operated in accordance
with all applicable regulations. The information shall be submitted in writing and include name,
location and address of the disposal facility, EPA and/or State facility identification number,
SPDES/NPDES permit, and supervisor's name and telephone number. Should the Contractor change
the proposed disposal location, submittal of the above required information for the new location
23
SECTION 13 219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL
(CONT'D)
shall be made to the Owner prior to removal of scavenger waste.
PART 2 - PRODUCTS
NOT USED
PART 3 - EXECUTION
3.1 - REMOVAL OF SCAVENGER WASTE
A The Contractor shall remove, transport and dispose of scavenger waste from the
equalization tank at the Town of Southold Scavenger Waste Treatment Facility.
Remove approximately 150,000 gallons per month during the months of December,
January, and February; approximately 180,000 gallons per month during the months
of October, November and March; and 225,000 gallons per month during the months
of April, May, June, July, August and September.
B The Contractor shall remove the scavenger waste from the equalization tank
located in the southwest 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.
C The Contractor will be required to certify with the Scavenger Waste Treatment
Facility personnel the volume of the transportation vehicle prior to and after
pumping operations. This certification shall include either measuring the volume
of the transportation vehicle with a dipstick or through the use of a clean site tube
on the side of the vehicle, at the discretion of the Owner.
D. Scavenger waste includes sand, gravel, supernatant, grit, scum, and other products of
biodegradation from residential and commercial sanitary wastewater systems.
E. The Contractor shall employ whatever means are necessary to remove scavenger
waste. These include:
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SECTION 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL
(CONT'D)
a. pumping;
b. vacuum pumping; and
c. other acceptable methods as required.
F. The transfer of scavenger waste from the equalization tank shall be performed in a
clean manner without creating any spillage, nuisance or other health hazards at the Town of Southold
Scavenger Waste Treatment Facility. Dilution of the equalization contents will not be allowed.
3.2 - TRANSPORTATION OF SCAVENGER WASTE
Transport scavenger waste to the disposal location in closed containers such as tanker trucks, in such
a manner that spillage of material does not occur during loading or transferring, hauling and
unloading operations. It is the responsibility of the Contractor to know and follow all applicable
local, county and state transportation and safety regulations, and obtain all roadway permits
necessary for transporting the scavenger waste.
3.3 - DISPOSAL OF SCAVENGER WASTE
Following removal of the scavenger waste, the Contractor shall be required to transport and dispose
of the scavenger waste to an approved disposal location. The approved disposal 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
25
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 ,1998, BY
AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY,
NEW YORK, acting for and in behalf of the TOWN OF SOUTHOLD (herein called the TOWN),
and (herein called the CONTRACTOR).
WITNESSETH, that the TOWN and the CONTRACTOR, in consideration of the premises and of
the mutual covenants, considerations and agreements herein contained, agree as follows:
This Contract is hereby awarded to the CONTRACTOR for the work and material called for under
his bid in the Proposal section of the Contract and designated as Items:
I - SCAVENGER WASTE REMOVAL AND TRANSPORT TO AN APPROVED DISPOSAL
LOCATION 3/1/98 TO 12/31/98 and if required by the Town, Items: 2 - SCAVENGER WASTE
REMOVAL AND TRANSPORT TO AN APPROVED DISPOSAL LOCATION 1/1/99 TO
12/31/99 for the sum of: PER THOUSAND GALLONS ($ /1000
GALLONS) DOLLARS for the unit and/or lump sum price(s) as listed in the Proposal herein.
1. CONTRACT DOCUMENTS AND DEFINITIONS
The Notice to Bidders, Information for Bidders, Proposal, Contract and Specifications, together with
any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the
parties hereto as if they were herein fully set forth. The titles, headings, headlines and marginal notes
contained herein are solely to facilitate reference to the various provisions of the contract documents
and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer.
Whenever the term "contract documents" is used, it shall mean and include this Contract, the
Specifications, any Addenda, and the Notice to Bidders, Information for Bidders, General Conditions
26
and Proposal. In case of any conflict or inconsistency between the provisions of the Contract and
those of the Specifications, the provisions of the Contract shall govern.
WORK: The term WORK, as used herein, refers to all of the work involved in removing and
properly disposing of scavenger waste from the Southold Scavenger Waste Treatment Plant.
EXTRA WORK: The term EXTRA WORK, as used herein, refers to and includes all work required
by the TOWN which, in the judgment of the Town, involves changes in or additions to work
required by the Plans, Specifications and any Addenda in their present form.
SUBCONTRACTOR: The term SUBCONTRACTOR as used herein, shall mean any person, firm or
corporation applying labor and material for work at the site of the project, but not including the
parties to this Contract.
ENGINEER: In the performance of the work, the TOWN shall be represented by the Town Engineer
(herein called the ENGINEER), or other employee designated by the Town Board to administer this
contract.
NOTICE: The term NOTICE, as used herein, shall mean and include written notice. Written notice
shall be deemed to have been duly served when delivered to, or at the last known business address
of, the person, firm or corporation for whom intended or to his, their, or its duly authorized agents,
representatives or officers, or when enclosed in a postage prepaid wrapper or envelope addressed to
such person, firm, or corporation at his, their, or its last known business address and deposited in a
United States Mail Box.
DIRECTED. REOUtRED. APPROVED. ACCEPTABLE: Whenever they refer to the work, or its
performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words
of like import shall imply the direction, requirement, permission, order, designation or prescription of
the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment off, and words of like
import, shall mean approved or acceptable to, or satisfactory to, in the judgment of the Engineer.
2. SCOPE OF THE WORK
The Contractor will furnish all plant, labor, material, supplies, equipment and other facilities
and things necessary or proper for or incidental to, the work contemplated by this Contract as
required by, and in strict accordance with, the applicable Plans, Specifications and Addenda prepared
by the Engineer and/or required by and in strict accordance with, such changes as are ordered and
approved pursuant to this Contract, and will perform all other obligations imposed on him by the
Contract.
27
3. COMPENSATION TO BE PAID TO THE CONTRACTOR
A. Agreed Prices: It is understood and agreed that the Contractor will accept as payment in
full the actual quantities of waste removed, as determined by the Town's measurements by the unit
prices bid, no allowance being made for anticipated profit or for reason of variations from the
estimated quantities set forth in the Proposal.
B. Extra Work and/or Changes: The TOWN may, at any time, by a written order, and
without notice to the sureties, require the performance of such extra work or changes in the work as
it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any
extra work, as so ordered, shall be determined as follows:
(1) By such applicable unit prices, if any, as set forth in the contract; or
(2) If no such unit prices are set forth, then by unit prices or by a lump sum mutually agreed
upon by the TOWN and the Contractor; or
(3) If no such unit prices are set forth, and if the parties cannot agree upon unit prices or a
lump sum, then by actual net cost in money to the Contractor of the materials, permits,
wages, or applied labor, premium for Workers' Compensation Insurance, payroll taxes
required by law, rental for plant and equipment used (excluding small tools) to which total
cost will be added 20 percent as full compensation for all other items of profit, costs and
expenses, including administration, overhead, superintendence, insurance, insurance other
than Workers' Compensation Insurance, material used in temporary structures, allowances
made by the Contractor to subcontractors, additional premiums upon the Performance Bond
of the Contractor.
4. TIME OF ESSENCE
Inasmuch as the provisions of this Contract relating to the time for performance and
completion of the work are for the purpose of enabling the TOWN to proceed with the construction
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 ( I 0) consecutive calendar days
after signing this Contract, and that the day he commences work shall constitute the first of the
consecutive calendar days allowed for completion of the work. The Contractor agrees to remove
waste, in a quantity to be determined by the Town, within five days of notice by the Town.
28
6. LIQUIDATED DAMAGES FOR DELAY
The time limit being essential to and of the essence of this Contract, the Contractor hereby
agrees that the TOWN shall be, and is hereby authorized to deduct and retain out of the money
which may be due or may become due to said Contractor under this agreement, the sum of FIVE
HUNDRED DOLLARS ($500.00) per day, which amount is hereby agreed upon, fixed and
determined by the parties hereto as the LIQUIDATED DAMAGES, including overhead charges,
services, inspector's wages, and interest on the money invested, that the TOWN will suffer by reason
of such default, for each and every day during which the aforesaid work may be incomplete over and
beyond the time herein stipulated for its completion, provided, however, that the TOWN shall have
the right to extend the time for the completion of said work.
7. EXTENSIONS OF TIME - NO WAIVER
If the Contractor shall be delayed in the completion of his work by reason of unforeseeable
causes beyond his control and without his fault or negligence, including but not restricted to Acts of
God or of any public enemy, acts or neglect of the TOWN, acts or neglect of any other Contractor,
fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotion or freight embargoes,
the period herein above specified for completion of his work shall be extended by such time as shall
be fixed by the TOWN.
No such extension of time shall be considered a waiver by the TOWN of its right to terminate
the Contract for abandonment or delay by the Contractor as hereinafter provided or relieve the
Contractor from full responsibility for performance of his obligations hereunder.
8. CONTRACT SECURITY
PERFORMANCE AND MAINTENANCE BOND NOT REQUIRED
9. CONTRACTOR'SINSURANCE
The Contractor shall not commence any work until he has obtained and had approved by the
TOWN all of the insurance required under this Contract, as enumerated herein:
Compensation Insurance
Public Liability and Property Damage Insurance
Contractor's Protective Liability and Property Damage Insurance
Owner's (TOWN) Protective Public Liability and Property Damage Insurance
Automobile Public Liability and Property Damage Insurance
The Contractor shall not permit any subcontractor to commence any operation on the site
until satisfactory proof of carriage of the above required insurance has been posted with, and
approved by, the TOWN.
29
A. Compensation Insurance - The Contractor shall take out and maintain, during the life of
this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the
project, and in any case of any of the work being sublet, the Contractor shall require the
subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees,
unless such employees are covered by the protection afforded by the Contractor.
B. Public Liability and Property Damage Insurance - The Contractor shall take out and
maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall
protect him and any subcontractor performing work covered by this Contract for claims fur 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
THOU SAND DOLLARS ($100,000.) for damages on account of any one accident
and in an amount of not less than TWO HUNDRED THOUSAND DOLLARS
($200,000.) for damages on account of all accidents.
C. Liability and Property Damage Insurance - The above policies for public liability and
property damage insurance must be so written as to include Contractor's Protective Liability and
Property Damage Insurance to protect the Contractor against claims arising from the operations of
any subcontractor.
D. Owner's Protective Public Liability and Property Damage Insurance - (TOWN, and/or
TOWN BOARD, TOWN OF SOUTHOLD as OWNER) - The Contractor shall furnish to the
TOWN with respect to the operations he or any of his subcontractors perform, a regular Protective
Public Liability Insurance Policy for and in behalf of the TOWN and/or TOWN BOARD, TOWN OF
SOUTHOLD as OWNER, providing for a limit of not less than FIVE HUNDRED THOUSAND
DOLLARS (S500,000.) for all damages arising out of bodily injuries to, or death of, one person and
subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all
damages arising out of bodily injuries to, or death of, two or more persons in any one accident; and
regular Protective Property Damage Insurance providing for a limit of not less than ONE
HUNDRED THOUSAND DOLLARS ($100,000.) for all damages arising out of injury to, or
destruction of, property in any one accident and subject to that limit per accident a total (or
aggregate) limit of TWO HUNDRED THOUSAND DOLLARS ($200,000.) for all damages arising
out of injury to, or destruction of property during the policy period. The insurance must fully cover
the legal liability of the TOWN and/or TOWN BOARD, TOWN OF SOUTHOLD. The coverage
30
provided under this policy must not be affected if the TOWN performs work in connection with the
project either for, or in cooperation with, the Contractor or as an aid thereto, whether the same be a
part of the Contract or separate therefrom, by means of its own employees or agents, or if the
TOWN directs or supervises the work
to be performed by the Contractor.
E. Automobile Public Liability and Property Damage Insurance - The Contractor shall take
out and maintain during the life of the Contract such automobile public liability and property damage
insurance as shall protect him and any subcontractor performing work covered by this Contract from
claims for damages for personal injury, including accidental death as well as from claims for property
damage which may arise from operations under this Contract, whether such operations be by himself
or by any subcontractor, or by any one directly or indirectly employed by either of them and the
amounts of such insurance shall be as follows:
( 1 ) Automobile Public Liability Insurance in an amount not less than FIVE HUNDRED
THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death by any
one person, and subject to the same limit for each person in an amount not less than ONE
MILLION DOLLARS ($1,000,000.) on account of one accident.
(2) Automobile Property Damage Insurance in an amount of not less than ONE HUNDRED
THOUSAND DOLLARS ($100,000.) for damages on account of any one accident and in an
amount of not less than TWO HUNDRED THOUSAND DOLLARS ($200,000.) for
damages on account of all accidents.
10. PROOF OF CARRIAGE OF INSURANCE
The Contractor shall furnish the TOWN with certificates of each insurer insuring the
Contractor or any subcontractor under this Contract, except with respect to subdivision D. of
paragraph 9. In respect to this paragraph, the Contractor shall furnish the TOWN with the original
insurance policy.
Both certificates, as furnished, and the insurance policy, as required, shall bear the policy
numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the
certificates and the policy shall be further endorsed to provide the TOWN with any notice of
cancellation at least ten (10) days prior to the actual date of such cancellation.
11. COMPLIANCE WITH LABOR AND PENAL LAWS
The Contractor hereby expressly agrees to comply with ail the provisions of the Labor Law
and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor
Laws, as amended, provide that no laborer, worker or mechanic in the employ of the Contractor,
subcontractor or other person doing or contracting to do the whole or a part of the work
31
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
/'rom the provisions of the Labor Laws which required the payment of the prevailing rate of wages
and the eight (8) hour day.
Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides
that before payment is made by or on behalf of the State or any City, County, Town or Village or
other civil division of the State, of any sums due on account of a contract for a public improvement,
it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the
Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory
form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages
on account of labor performed upon the work of the Contract, setting forth therein the names of the
persons whose wages are unpaid and the amount due each, respectively.
Section 22OB of the Labor Law, as amended, provides that any interested person who shall
have previously filed a protest in writing objecting to the payment to any Contractor or subcon-
tractor to the extent of the amount or amounts due or to become due to him for daily or weekly
wages for labor performed on the public improvement for which the Contract was entered into~ or if,
for any other reason, it may be deemed advisable, the Comptroller of the State or other financial
officer of the Municipal Corporation may deduct from the whole amount of any payment on account
thereof the sum or sums admitted by any Contractor or subcontractor in such statement or
statements so filed to be due and owing by him on account of labor performed and may withhold the
amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are
unpaid as shown by the verified statements filed by any Contractor or subcontractor and
may pay directly to any person the amount or amounts so shown to be due for such wages.
Section 220C of the Labor Law, as amended, provides the penalty for making of a false oath
or verification.
Section 22OD of the Labor Law provides that the advertised specifications for every
Contract for the construction, reconstruction, maintenance and/or repair of highways to which the
State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of
hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers
employed in the performance of the Contract, either by the Contractor, subcontractor or other
person doing or contracting to do the whole or part of the work contemplated by the Contract and
32
the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly
minimum rate of wage. Any person or corporation that willfully pays after entering into such
Contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and,
upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.) or by
imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second
offense by a fine of One Thousand Dollars ($1,000.) and, in addition thereto, the Contract on which
the violation has occurred shall be forfeited~ and no such person or corporation shall be entitled to
receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its
payment from the funds under his charge or control to any person or corporation for work done
upon any contract, on which the Contractor has been convicted of second offense in violation of the
provisions of this Section.
The minimum wage rates established by the Industrial Commissioner, State of New York, for
this Contract, are as set forth in the INFORMATION FOR BIDDERS.
12. PAYMENT OF EMPLOYEES
The Contractor and each of his subcontractors shall pay each of his employees engaged in
work on this project under this Contract in full (less deductions made mandatory by law) in cash and
not less often than once each week.
13. PAYMENTS
A. Monthly: At the end of each calendar month during the progress of the work, the
Contractor shall submit a payment requisition to the Town. The Town will review the requisition and
prepare payment based on the estimated amount of work performed and the quantity of materials
furnished, as based on the prices set forth in the Proposal. In consideration of the work done and the
materials furnished, the TOWN will pay or cause to be paid to the Contractor the above less such
additional amount as may be necessary to satisfij any claims, liens or judgments against the
Contractor which have not been suitable discharged. The making of any such payment made thereon
shall not be taken or construed as an acceptance by the TOWN of any work so estimated and paid
for.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by the Contractor of the final payment shall be, and shall operate as a release
to the TOWN from all claims and all liabilities to the Contractor for all things done or furnished in
connection with this work, and for every act and neglect of the TOWN and other relating to, or
arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if
these payments be improperly delayed. No payment, however, final or otherwise, shall operate to
release the Contractor or his sureties from any obligations under this Contract or the Performance
Bond.
33
15. ACTIVITY REPORTS
The Contractor shall submit to the Engineer prior to the commencing of any work under this
Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor
proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to
bind the Contractor to a predetermined plan or procedure, but rather to enable the Engineer to
coordinate the work of the Contractor with work required of and to be performed by others.
16. PLANS AND SPECIFICATIONS - INTERPRETATIONS
The Contractor shall keep one (1) copy of the Specifications signed and identified by the
Town. In case of any conflict or inconsistency between the Proposal and Specifications, the Proposal
shall govern. Any discrepancy between the Proposal and Specifications shall be submitted to the
Engineer, whose decision therein shall be conclusive.
17. PROTECTION OF WORK. PERSONS AND PROPERTY
Precaution shall be exercised at all times for the proper protection of all persons, property
and work. The safety provisions of applicable laws, building and construction codes shall be
observed. Machinery equipment and all hazards shall be guarded or eliminated in accordance with the
safety the Manual of Accident Prevention in Construction, published by the Associated General
Contractors of America, to the extent that such provisions are not in contravention of applicable law.
The Contractor shall furnish entirely at his own expense any and all additional safety measures
deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The
Contractor shall give notice to the owners of all utilities which may serve the area and request their
assistance in predetermining the location and depth of the various pipes, conduits, manholes and
other underground facilities.
The Contractor shall, at all hours of the day, safely guard and protect his own work and
adjacent property from any damage and shall replace or make good any such damage, loss or injury
unless such be caused directly by errors contained in the contract documents, or by the TOWN or its
duly authorized representatives
The Contractor shall provide and maintain such watchers, barriers, lights, flares and other
signals, at his own expense, as will effectively prevent any accident in consequence of his work for
which the TOWN might be liable. The Contractor shall be liable for all injury or damage caused by
his act or neglect, or that of his employees.
34
18. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
A. That he is financially solvent and that he is experienced in and competent to perform the
type of work involved under this Contract and able to furnish the plan, materials, supplies
and/or equipment to be furnished for the work; and
B. That he is familiar with all Federal, State and Municipal Laws, ordinances and regulations
which may in any way affect the work of those employed hereunder, including but not limited
to any special acts relating to the work; and
C. That such work required by these contract documents as is to be done by him can be
satisfactorily constructed and used for the purpose for which it is intended and that such
construction will not injure any person or damage any property; and
D That he has carefully examined the Plans, Specifications, and the site of the work, and that
from his own investigation he has satisfied himself as to the nature and location of the work,
the character, location, quality and quantity of surface and subsurface materials, structures
and utilities likely to be encountered, the character of equipment, and other facilities needed
for the performance of the work, the general local conditions which may in any way affect the
work or its performance.
19. AUTHORITY OF THE ENGINEER
In the perfbrmance of the work, the Contractor shall abide by all orders and directions and
requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such
time and places, by such methods, and in such manner and sequence as he may require. The Engineer
shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret
the plans, specifications, contract documents and any extra work orders and shall decide all other
questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral
orders, directions, requirements or determinations. The enumeration herein or elsewhere in the
contract documents of particular instances in which the opinion, judgment, discretion or
determination of the Engineer shall control, or in which work shall be performed to his satisfaction or
subject to his approval, or inspection, shall not imply that only matters similar to those enumerated
shall be so governed and so performed, but without exception all the work shall be governed and so
performed. Nothing herein shall be construed to give the Contractor a claim for extra work unless
prior thereto an appropriate Change Order has been executed by the TOWN and Contractor for such
work.
35
20. CHANGES AND ALTERATIONS
The TOWN reserves the right to make alterations in plant site, or any part thereof, either
before or after the commencement of the construction.
21. CORRECTION OF WORK
All work and all materials, whether incorporated into the work or not, all processes of
hauling and all methods of disposal shall be, at all times and places, subject to the inspection of the
Engineer who shall be the final judge of quality, materials, processes suitable for the purpose for
which they are used. Should they fail to meet his approval they shall be corrected, by the Contractor
at his own expense. Rejected materials shall immediately be removed from the site.
The Contractor expressly warrants that his equipment shall be free from any, and agrees to
correct any defects immediately.
22. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS
The TOWN may withhold from the Contractor so much of any approved payments due him
as may, in the judgment of the TOWN, be necessary:
A To assure the payment of just claims then due and unpaid of any persons supplying labor
or materials for the work;
B. To protect the TOWN from loss due to defective work not remedied; or
C. To protect the TOWN from loss due to injury to persons or damage to the work or
property of other contractors or subcontractors or others, caused by the act or neglect of the
Contractor or any of his subcontractors. The TOWN shall have the right, as agent for the
Contractor, to apply any such amount so withheld in such manner as the TOWN may deem
proper to satisfy such claims or to secure such protection. Such application of such money
shall be deemed payments for the account of the Contractor.
23. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
A. The Contractor shall file for any form of bankruptcy relief or make an assignment
for the benefit of creditors; or
B. A receiver or liquidator shall be appointed for the Contractor for any of his
property and shall not be dismissed within twenty (20) days after such appointment,
or the proceedings in connection therewith shall not be stayed on appeal within the
said twenty (20) days; or
36
C. The Contractor shall violate any provision of this Contract; or
D. The Contractor shall fail or refuse to regard laws, ordinances, regulations, or the
instructions of the Engineer and/or the TOWN;
then, and in any such event, the TOWN without prejudice to any other rights or remedy it may have,
and after seven (7) days written notice to the Contractor and Contractor's Surety may terminate the
employment of the Contractor and take possession of the premises and all material, tools and
appliances therein, and complete the work by contract or otherwise, as the TOWN solely may deem
expedient. In such case, the Contractor shall not be entitled to receive any further payment until the
work is finished.
24. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work shall be stopped by order of the Court or any public authority, Federal or State
agency, for a period of three (3) months through no act or fault of the Contractor or any of his
agents, servants, employees, material men, or subcontractors, the Contractor may, upon ten (10)
days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract.
If the Contract is terminated by the Contractor, the liability of the TOWN to the Contractor
shall be for all work executed and for any proven loss sustained upon any materials, equipment,
tools, construction equipment, including reasonable profit and damages.
25. RESPONSIBILITY OF WORK
The Contractor agrees to be responsible for the entire work embraced in this Contract until
its completion and final acceptance, and that any unfaithful or imperfect work that may become
damaged from any cause, either by act or commission or omission to properly guard and protect the
work that may be discovered at any time before the completion and acceptance shall be removed and
replaced by good and satisfactory work without any charge to the TOWN and that such removal and
replacement will be performed immediately on the requirement of the Engineer, notwithstanding the
fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It
is fully understood by the Contractor that the inspection of the work shall not relieve him of any
obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove of
any work by the Engineer at or before the time ora partial payment or other estimate shall not be
construed to be an acceptance of any defective work.
26. USES OF PREMISES AND REMOVAL OF DEBRIS
The Contractor expressly undertakes at his own expense:
A To take every precaution against injury to persons or damages to property;
37
B. To store his apparatus, materials, supplies and equipment in such orderly fashion at
the site of the work as will not unduly interfere with the progress of his work or the
work of any of his subcontractors, or other contractors;
C. To frequently clean up all refuse, rubbish, scrap materials and debris caused by the
operations to the end that at all times the site of the work shall present a neat and
orderly and workmanlike appearance;
27. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY
In case of an emergency which threatens loss or injmy 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 he determined in the manner provided herein for the
payment of extra work and shall be incorporated into a Change Order executed by the TOWN and
Contractor.
28. SUITS AT LAW
The Contractor shall indemnify and save harmless the TOWN from and against all suits,
claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties
in connection with the construction of the work or any part thereof, or any commission or omission
of the Contractor, his employees or agents or any subcontractors and in case any such action shall be
brought against the TOWN, the Contractor shall immediately take care of and defend the same at his
own cost and expense.
29. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this Contract
shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted or is not
correctly inserted, then upon the application of either party the Contract shall be physically amended
to make such insertion.
38
30. SUBLETTING AND ASSIGNS
The Contractor shall not sublet any part of the work under this Contract, nor assign or
transfer any work or money due under this contract without first obtaining the written consent of the
Town. This Contract shall insure to the benefit of and shall be binding upon the parties hereunder and
upon their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
39
CONTRACT
CONTRACT IN QUADRIPARTITE
DISPOSAL OF
FACILITY AT
FOR REMOVAL. TRANSPORTATIO~__A~
SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated
, 19 , BY AND BETWEEN THE TOWN BOARD OF THE
TOWN OF
behalf of the
DON PATANJO
CONTRACTOR).
WITNESSETH,
SOUTHOLD, SUFFOLK COUNTY, NEW YORK, acting for and in
TOWN OF SOUTHOLD (herein called the TOWN), and
CESSPOOL SERVICE CORP. (herein called the
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:
k - SCAVENGER WASTE REMOVA~ 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
($52.99/1000 GALLONS)
as listed in the Proposal
SO}~r 9602 C- 1
CONTRACT (CONT,).)
HOLZMACHER, McLENDON & MURRELL,"
ENGINEERS. ARCHITECTS, SCIENTISTS, PtANNERS ar
RVEYOR$
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 he 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. Agreed 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 Chan~es: 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
CONTKACT
L.ZMACHER. McLENDON & MURRELL;'r.C*
(cowvD.)
(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 reclllired 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
Dumber 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 TOW7~ 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 DOLL~uRS ($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 TOWq~ 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 (CONTD.)
p HOLZMACHER, McLENDON & MURRELL,-'~
e
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 and Property Damage
Insurance
Contractor's Protective Liability and
Property Damage Insurance
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
mence any operation on the site until
carriage of the above required insurance
and approved by, the TOWN.
subcontractor to com-
satisfactory proof of
has been posted with,
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
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
tthe amounts of such insurance shall be as follows:
C-6
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 Damage Insurance - The above
policies for public liability and property damage insurance must
be so written as to include Contractor's Protective Liability and
Property Damage Insurance to protect the Contractor against
claims arising from the operations of any subcontractor.
D. Owner's Protective Public Liability and Property DamaGe
Insurance - (TOWN. and/or TOWN BOARD. TOWN OF SOUTHOLD as OWNER
and/or MOLZMACMER. 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-?
GR~.-JP HOLZMACHEtR, M~LENDON & MURI:IELI., ,
CONTRACT (CONTD.)
E. Automobile Public Liability and Prouertv Damaoe
Insurance - The Contractor sba12 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 oancel-lation at
least ten (10) days prior to the actual date of such
cancellation.
12. ~OMPLIANCE WITH LABOR AND PENAL LAWS
The Contractor hereby.~expres~ly 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
(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
~ ,~.~'- ~,~"~'i~~.~w~.,~ . t~--{'~' O~ HOLZMAGHER, MCLENDON & MURRELL, I
CO],rmACT (CONTD.)
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 Contractshall 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
CONTRACT
(CONT~D.)
HOLZMACHER, McLENDON & P.C.
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 ~hall 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
¸'4
· Gl.. UP HOLZM^CHE,, M LENDON & MURREL[
ENGINEERS. ARCHITECT~, ~CIENTISTS, PLANNERS &rT~ SI~I~VEYORS
CONT A (CONT.).)
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.
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 billsfor services'rendered and materials supplied have been
paid. The enumeration of the above reports in no way relieves
C-12
CONTRAC~ (CON?'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
- --..-.1'~ GR ..,,JP .OLZMACHER, McLENDON & MURRELL,', .
CoNtraCT (CONTD,)
ir!
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 whoShall 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
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 Dy 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
CONTP~CT (CObFPD.)
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
(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
CONTRACT (CONTD.)
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:
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.)
HOLZMACHER, McLENDON & MU , P.C.
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 emplo!rment 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
CONTraCT (CONTU .)
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 replaoement 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.
,I
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
Co20
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 I~ 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 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 ~ "OI..ZMACHER, Id~LENDON & MURRELL, ~'~.
CONTP-~.CT (CONTD.)
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
tOUP
(CONT'D.)
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
TOWN OF SOUTHOLD
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
On the '~.-~t,.,da~ ?f~ ~ , 19~, before me
personally came~~.~Z~~, 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,
Board, also acting in its capacity as the Governing Body of the
Town of Southol~, 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
on behalf of the said Town by like order and
instrument
authority.
JUDITH T. TERRY
Commission ~r~ May 31,
C-23
CONTACT (COWrD.)
ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION
STATE OF NEW YORK)
)
COUNTY OF )
ss:
On this '3~ day of ~~. ~~ ~' 19q..~, before me
personally came and appeared , ,~,,~,v~,) , to me
known, who by me being duly sworn, did depose and say that he
res___ides at q ~iL'~'--l~~J~'~ ~,' that he is the
the Corporation described in and which executed the for~goi'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 Direotbrs of said Corporation, and
that he signed his name thereto by like order.
EILEEN ~'1. CAPON[
NOTARY ?;iBiiC. State of New Yon,
No. 4808308
Qu~liiled in Suf~o!k Couilty
Comaiis~on Expires ~1~1~,30. i9~_.F
NOTARY PUBLIC
C-24
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (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 JANUARY 6. 1998:
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.
Elizabeth A. Nevi e~
Soutbeld Town Clerk
January 9, 1998