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Home My WebLink AboutScavenger Waste TransportELIZABETH A. NEVILLI~: 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 MAY 26. 1998: RESOLVED that the Town Board of the Town of $outhold hereby rejects all bids on the Scavanger Waste Removal and authorizes and directs the Town Clerk to re-advertise for bids for removing and transporting and disposing of scavanger waste from the Southold Town Wastewater Treatment Facility. Southold Town Clerk May 27. 1998 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 ADOPTED BY THE SOUTHOLD TOWN BOARD AT A HELD ON MAY 26. 1998: RESOLUTION WAS REGULAR MEETING RESOLVED that the Town Board of the RESCINDS Resolution No. 2 of the March 18. Southold Town Board which reads as follows: Town of Southold hereby 1998 Special Meeting of the RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Don Patanjo Cesspool Service Corporation, Brookhaven, N.Y., at a price of $.0Lt per gallon to remove, transport and dispose of 2,020,000 gallons of scavenger waste from the Southold Scavenger Waste Treatment Facility to an approved disposal location between April 1, 1998 to December 31, 1998 and $.0u~ per gallon between January 1, 1999 to December 31, 1999; and be it FURTHER RESOLVED that Supervisor Jean W. Cochran be and she hereby is authorized and directed to execute a contract between the Town and Don Patanjo Cesspool Service Corp. to accomplish the removal, transportation, and disposal of scavenger waste from the Scavenger Waste Treatment Facility, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk May 27. 1998 05/26/98 22:33 Oon'Patanjo Cesspool Service Corp. CESSPOOLS CLEANED AND BUILT/PORT-A-LAV ~]02 (516) 475.0978 · (516) 475-1189 · (800) 852-5111 · Fax (516) 678-2888 NAY 26, 1998 TO~ HALL SOUTH~LD P.O. BOX 1179 SOUTHOLD, N.Y. THIS IS TO CONFIR~ ~HAT MY BID DOES NOT INCLUDE THE DUMP FEE. THE PHICE IS $ ~0.00 PER 1000 GALLONS. ANY OTHER QUESTION PLEASE FEEL F~EE TO CALL OUR OFFICE. SINCERIT~ DON PATHNJO, PRES. 19 StiHz Place I Bmekh~ve~ I Ne~ Yo~ 11719 05/26/95 22:33 ~Don Patanjo Cesspool Service Corp. ~q~ CLF~,' ED AND BUILT I POFff-A-IAV (616) 476-0076 · (5161 475-1167 · (6(X)) 852-5111 · Fax (616) SUB. IEGT: · . : MF.88AGE; , . ,, TOTAL ~ OF PAGES; IF YOU ARE MIS,SING PAGES OR GAN NOT:READ AN~'., .PART OFTI'O~ FA,I~__, ,_.. THANK YOU ,' ,' Electro Environmental Technologies. Inc. May 21, 1998 Town Attomey's Office Southold Town Hall 53095 Main Road Southold, New York 11971 Attention: Gregory Yakaboski, Esq. Re: Scavenger Waste Transport and Disposal Dear Mr. Yakaboski: As we discussed on the telephone today, it is my understanding that this contract, Scavenger Waste Treatment Facility - Waste Transport and Disposal, is going to be re- bid in view of the length of time which has elapsed since the bid was opened. Accordingly we respectfully request that we be fumished with a copy of this Request For Proposal as soon as same is available. As we discussed, during the period which followed our submission of a valid bid to the Town, and during the period of time that we were corresponding with the Town, we committed this firm's resources to other ventures, which would make a re-bid appropriate. Very truly yours,.--~-.. Joseph Caporic'ei--'~ ~ President, Electro Environmental Technologies, Inc. JC:df TOWN ATTORNEY'S C?~:~CE TOWN OF S£)UT?~'~..? General Municipal Law §103 - Ability to waive bid bond Annotation 53 Type of security required on bid is reserved to sound discretion of awarding body and can be waived; however, it is not abuse of discretion to refuse to waive and to insist upon literal performance of specifications. La Barge Bros. Co., Inc. v. Town of Cicero, 1979, 104 Misc. 2d 764, 429 NY.S.2d 140. Failure of bidder on construction contract to supply security on bid in amount specified in notice to bidders was merely irregularity which department of public works of county in its discretion could waive. Frank Nowak Construction Co. v. County of Suffolk, 1962, 233 N.Y. S2d 627. A municipality or district, in good faith, could waive the timely filing of bid security and under certain circumstances it could entirely waive the filing of the bid security or the "offer of surety." 24 Op. State Compt. 586, 1968. RECENED $outhoid To n C! rk ~I~RAOER, CRONIN & BYCZEK Aq~FORNEYS AT LAW 1983 Marcus Avenue Suite 140 Lake Success, New York 11042-1016 (516) 358-1700 Fax: (516) 358-1730 April 7, 1998 Town of Southold Town Hall Box 5309J Main Road Smithtown, NY 11971 Re: Southold Gentlemen: We represent Electro Environmental Technologies, Inc., which firm protests the awarding of the Scavenger Waste Removal, Transportation and Disposal contract to Pantanjo Cesspool Company. A review of the Request for Proposal, and more particularly, Section 3.3 thereof, indicates that the disposal of scavenger waste is an integral part of the bid to be submitted. The bid was awarded on the basis of the Town providing disposal services, and thus, the bid and award process was tainted. Our client's bid proposal included disposal costs, as sought and set forth in the Request for Proposal. Please forward this letter to your attorneys and request that they contact the undersigned. CSB:ca Very truly yours, LLP .:.....Waste .InCrease ..'. ~' . .' . '~ . .' - ~" .~ .~.. · . '~ ~ ~ ~-. ; ~ -.. $OUTHOLD'~"i~ y~u UiUn~t-~ave your Cesspool pumpe~- by ~xpe~t to pay more tha'n you p~J~ last ~ear. .--: ~- -': ~e town appr~ a'~ree ~nt rate hike on T~ur~y'~o~ ~ers ~es~po0[waste to'~e toWn%'s~ve~ger Wa~t~ plantin Greenpo~, an~ extra cost, ~e~ say, will be passe~ on ~o customers. The town been ~h~rgJng ~e~ ~ou~cents per gallon,'but with t~e increase ~he cost will besegen ~nts per gallon. - ---.-~,' - .. :, '. ~.-' :~ .... . A~cor~ing to ~ouneilman John ~omanellL even ~ough t~ tbwn been ~h~rging ~our cents per gallon, ~ was ~osdng s~ per gallen to main~Tn, operate and a~inister ~e plant. The e~a money to maintain ~e plant was ~ming ~m ~e town's budget, which is in e~ect a ~x on.eve~°ne the ~ain~enan~ o~.~e p!~nt." . '-... -~? '~-- .~._.._.. . _.; ... ~.., '~ W,t~ a~ eye towards a "user p~?s' philosophY, ~nelli asked ~e ~own to increase ~ ca~e~s ~ee to eigh~ cents per gailon.~ That, he s~i~, WoUl~ ~oVer:any ~i~en ~osts invotve~ in ~nning ~e plant an~ ensure ~ose ~USe ~e S~venger waste plant pay ~or it. O~er boa~ member, hoWever,,'said ~t ir t~e ~st was too ~ig~, ~ers ~oul~ take the o~er facdi~es. :- ~ '- -. ~'~ ~ a result, ~e board seEled on the 'seven cent figure.-The increase came as a result of an increase Eom Patanjo, the cesspool company that pumps out the scavenger waste plant when it's ~11. When the company's ~ntract wi~ ~e town expired in Janua~, ~e town sought bids from o~er ~ companies. In'~he' interim, Patanjd was wo~ing' without a contract and announced ~at it Was raising its fees. On~umday, ~e town board opened bids on ~e se~ice and wound up awarding ~e contract to the lowest bidder: Pa~njo. - .......... Patanjo's bid (4 cents) came in about one cent pergallon lower than ~e nearest bidder, Electro-Environmental Technologies, Inc., which bid 4.9 cents. Pantanjo's new contract lasts through December, 1999. The town board admi~ ~at ~er research is need~ on ~e ~re of ~e scavenger waste Plant in order to formulate a plan going into the year 2000. _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 h_aTards 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 off 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 RECEIVED Southo d To n C; rk ~["RAGER, CRONIN & BYCZEK ATTORNEYS AT LAW 1983 Marcus Avenue Suite 140 Lake Success, New York 11042-1016 (516) 358-1700 Fax: (516) 358-1730 April 7, 1998 Town of Southold Town Hall Box 5~09J Main Road Smithtown, NY 11971 Re: Southold Gentlemen: We represent Electro Environmental Technologies, Inc., which firm protests the awarding of the Scavenger Waste Removal, Transportation and Disposal contract to Pantanjo Cesspool Company. A review of the Request for Proposal, and more particularly, Section 3.3 thereof, indicates that the disposal of scavenger waste is an integral part of the bid to be submitted. The bid was awarded on the basis of the Town providing disposal services, and thus, the bid and award process was tainted. Our client's bid proposal included disposal costs, as sought and set forth in the Request for Proposal. Please forward this letter to your attorneys and request that they contact the undersigned. CSB:ca Very truly yours, TRAGE~f~CR~NI%ch~.,~/~ek& BYCZEK, LLP Waste .Increase "'-' :Le jtjmJzed ' By' I'D M ' ~'~:;~ '~:~ ~-" Michae e aria~;' -.. SOUTHOLD'' ~-'it; y~U didn'~'h~ave, your cesspool pumped bY Monday, expect to pay more ~a'n you paid last year. ' = ~';'..-' -: -': ~e toWn approved a ~ree ~nt rate hike on T~ursday fo~ ~ers taking ces~po0l Waste to'~e town'~'s~venger waste.. . plant in Greenpo~, and that extra ~st, ~ers say, will be passed on to customers. The town had been charging ~ers [our cents per gallon, but wi~ the increase the cost will be se~en cents per gallon. - - -: . --.' - ~ :.. '.-;.-".--- . :. 'According t0 Councilman John Romanelli, even ~ough t~ t~wn had been Charging four cents per gallon, E was ~s~ng s~ per gallon to main~in, operate and administer ~e plant. The ex~a money to maintain ~e plant was ~ming Eom ~e town's budget, which is in effect a ~x on eye,one for the maintenan~ of.~e plant." '- '.~-- ~; ~ .... : With an eye towards a "user pays" philosophy, R~anelli asked ~e town to increase the ca,els'fee to eight cents per gallon.· That, he said, would corel'any hidden costs involved in ~nning ~e plant and ensure · ose Whquse ~e s~venger waste plant pay for it. Q~er board membem, however, said ~at if the cost was too high, ~ers Would take the Waste to o~er facilities. - . . .~ As a result, ~e board sealed on the seven cent figure.-The increase came as a result of an increase from Patanjo, the cesspool company that pumps out the scavenger waste plant when it's full. When the company's contract wi~ ~e town expired in Janua~, the town sought bids Eom other ~ companies. In'~he' interim, Patanj~ was wc~ing' without a contract and ~ announced ~at itWas raising its fees. On~umday, ~e town board opened bids on ~e sewice and wound up awarding the contract to the lowest bidder: Patanjo. · ......... Patanjo's bid (4 cents) came in about one cent per gallon lower than ~e nearest bidder, Electro-Environmental Technologies, Inc., which bid 4.9 cents. Pantanjo's new contract lasts through December, 1999. The town board admiE~ ~at ~er research is needed on ~e ~re of ~e scavenger waste plant in order to formulate a plan going into the year 2000. 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 RECEIVED APR 1998 Town Cl®rk ~RAGER, CRONIN ~L BYCZEK, ATFORNEYS AT LAW 1983 Marcus Avenue Suite 140 Lake Success, New York 11042-1016 (516) 358-1700 Fax: (516) 358-1730 April 3, 1998 Town of Southold Town Hall Box 5309J Main Road Smithtown, New York 11971 Gentlemen: We are writing to you on behalf of our client, Electro Environmental Technologies, Inc., which firm objects to the awarding of the Scavenger Waste Treatment Facility Waste Transport and Disposal bid which bid was opened on or about March 5, 1998. The objection is interposed due to the failure of the bidder selected by the Town of Southold to comply with the terms and specifications of the Request for Proposal and more particularly the failure of that entity to submit the bid bond as requested by the Request for Proposal. Please contract the undersigned upon receipt to discuss this matter in more detail. Very truly yours, CSB:ca TRAGER,~IN & BYCZEK, Chri~/~:~ LLP RECEIVED APR 1998 QRAGER, CRONIN t~; BYCZEK,~ ATTORNEYS AT LAW ~,~",,~d Town Clerk 1983 Marcus Avenue Suite 140 Lake Success, New York 11042-1016 (516) 358-1700 Fax: (516) 358-1730 April 3, 1998 Town of Southold Town Hall Box 5309J Main Road Smithtown, New York 11971 Gentlemen: We are writing to you on behalf of our client, Electro Environmental Technologies, Inc., which firm objects to the awarding of the Scavenger Waste Treatment Facility Waste Transport and Disposal bid which bid was opened on or about March 5, 1998. The objection is interposed due to the failure of the bidder selected by the Town of Southold to comply with the terms and specifications of the Request for Proposal and more particularly the failure of that entity to submit the bid bond as requested by the Request for Proposal. Please contract the undersigned upon receipt to discuss this matter in more detail. Very truly yours, CSB:ca TRAGER,~IN & BYCZEK, LLP ELIZABETH A. NEVILLE TOWN CLERK REGISTP~AR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID ON SCAVENGER WASTE REMOVAL AND TRANSPORT BID OPENING DATE: MARCH 19. 1998. THURSDAY. 10:00 A.M. Item I 4/1198- 12/31/98 Item II 1/1/99- 12/31/99 W.A.S.T.E., Inc., One Oak St.,Poquott, East Setauket, NY 11733 981-8570 ($500 certified check received) $.075 $.075 Electro Environmental Technologies, Inc. 21 Farber Drive Bellport, N.Y. 11713 Tele. 286-2000 ($500.00 certified check received) $.0490 $.0~72 Don Patanjo Cesspool Service Corp. 19 Stlriz Road Brookhaven, NY 11719 Tele. 475-1169 No certified check received. $.04 $.04 WASTE AND SEWAGE TREATMENT ENTERPRISES, INC. PROPOSAL TOWN OFSOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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 I - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 2,020,000 gallons of scavenger waste to an approved disposal location for a contract period between April 1, 1998 to December 31, 1998. PRICE PER GALLON O, O~'/~" DOLLARS TOTAL [6q ~,oa%ooo ~ff,..O. ~' /~l~o'o, oo DOLLARS ITEM 2 - Scavenger Waste Removal and Transport to an Aplfroved 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 1, 1999 to December 31, 1999. The Town will notify the contractor within the 90 day period prior to expiration of Item I if it will select this alternate bid. PRICE PER GALLON O. O 7 ~ DOLLARS TOTAL 9[ / ~' ~ 5'/_.FO. O c.; 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: March 19, 1998 TIME: 10:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: -' Z//O 7 TOTAL BID (SUM OF ITEMS 1 AND 2) TOTAL ~ 3 "~ C] ) C'O O. O O 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. DOLLARS 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. 1o PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing In£ormation 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 indemnit~ing bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS NAME OF BUSINESS ADDRESS OF BIDDER: (}ate DATED AT: M o cr--~ I' (.0 ~; T-H'E DAY OF ~1998. 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 beliefi (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting co.mpetition as to any matter relating to such prices; (b) Unless otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: ~ ~1 , 1998 Respectfully submitted, SIGNED BY: Q~,.~'~,~ TITLE: 14 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (1) year (minimum of five (5) such projects): FIRM NAME: ADDRESS: SIGNED BY: TiTLE:~/~ THE CONTRACT PERIOD WILL BE FOR A PER]OD OF TEN (10) MONTHS UNDER ITEM 1, A PER]OD 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. THE CONTRACTOR MUST POST A PERFORMANCE BOND 1N AN AMOUNT OF 25% OF THE TOTAL BID PR]CE. ROPOSAL {CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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: DAVE: ~,// ~',/? ~ FEDERAL ID NO. OR SOCIAL SECURITY NO.: /t/35''-~& g/--~ TELEPHONE NO: '70 EMERGENCY: 12 If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 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: 8 DON PATANJO CESSPOOL SERVICE CORP. PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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 FAC1LITY in strict accordance with the contract documents for: lTEM I - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 2,020,000 gallons of scavenger waste to an approved disposal location for a contract period between Aprill, 1998t,oDecembero c/ 41~,4. ~ ~{(5)31, 1998 ^^ 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 1, 1999 to December 31, 1999. The Town will notify the contractor within the 90 day period prior to expiration of Item I if it will s~ect_this alternate bid. PRICE PER GALLON' - , o t/, ~ ~ DOLLARS TOTAL DOLLARS 9 PROPOSAL NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid, each bidder and each person signing on behalf of any bidder certifies; and, in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in this bid have been independently arrived at without collusion, consultation, communication or agreement with any other bidder or with any competitor for the purpose of restricting co,mpetition as to any matter relating to such prices; (b) Unless otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: · 1998 Respectfully submitted, FIRM NAME: DON PATANJO CESSPOOL SERVICE CORP. FIRM ADDRESS: 19 STIRIZ RD. ,BROOKHAVEN, TITLE: t'R~.S I DEN'P 14 QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (1) year (minimum of five (5) such projects): FIRM NAME: DON ADDRESS: TITLE: NY PRESIDENT 7 NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Corporate(if any) Title) Bid on Sraveng~r W~te R~mnval & Transport BID SPECIFICATIONS REMOVALs, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID OPENING DATE: MARCH 19, 1998, THURSDAY, 10:00 A.M. NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Corporate Title) (if any) ELECTRO ENVIRONMENTAL TECHNOLOGIES, INC. PROPOSAL TOWN OFSOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 1998 TI/ME: 10:00 A.M. BASE BID The undersigned further understands and agrees that he is to furnish all labor, material, equipment, permits, supplies and other facilities necessary and required for the execution and completion of: REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: ITEM 1 - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose ofapprnximately 2,020,000 gallons of scavenger waste to an approved disposal location for a contract period between April 1, 1998 to December 31, 1998. PRICE PER GALLON ff ~' O/7/ 7~-. 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 1, 1999 to December 3 I, 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. PRICE PER GALLON ~o 0~q0 DOLLARS 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 Jess than one (1) year (minimum of five (5) such projects): SIGNED31Y: , t 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 &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: March 19, 1998 TIME: 10:00 A.M. ITEM 3 - IDENTIFICATION OF APPROVED DISPOSAL LOCATION, FACILITY FACILITY FACILITY CONTACT PERSON: FACILITY CONTACT PHONE NUMBER: 75-¥- 4// q / TOTAL BID (SUM OF ITEMS I AND 2) TOTAL 2/-7, ,/ ,-/ DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity &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. 10 THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TEN (10) MONTHS UNDER ITEM 1, A PERIOD OF TWENTY (22) MONTHS UNDER THE ALTERNATE BID ITEM 2.1F THE CONTRACTOR DOES NOT PERFORM THE WORK WITHIN FIVE (5) CALENDAR DAYS OF BEING NOTIFIED BY THE TOWN OF SOUTHOLD TO REMOVE SCAVENGER WASTE, THE CONTRACTOR WILL BE SUBJECT TO LIQUIDATED DAMAGES IN THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00) PER DAY FOR EACH AND EVERY CALENDAR DAY BEYOND FIVE (5) DAYS. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. II ROPOSAL (CONT'D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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.: ? g go~/b,~/ TELE~'.ONE NO: BUS~SS:(~ EMERGENCY: 12 PROPOSAL Enclose certified check or bid bond for five hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the Information for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as follows: NAME ADDRESS / // " ' NAME OF BUSINESS ADDRESS OF BIDDER: I DATED AT: Ig~q THE /~DAY OF~,~1998. 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) 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 co,mpetition as to any matter relating to such prices; (b) Unles~ otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: HL f h , 1998 Respectfully submitted, FIR/VI TITLE: 14 If this bidder cannot make the foregoing certification, a statement signed by the bidder is attached setting forth in detail the reasons therefor. Indicate if statement is attached: 15 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 Rnad, Southold, New York 11971, not later than 10:00 A.M., Thurs- day, March 19, 1998, at which time they will be publicly opened and read aloud, for the follow- ing 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 speci- fications. THE ABOVE-REF- ERENCED SPECIFICA- TIONS, may be seen at or pro- cured from the office of the Town Clerk, 53095 Main Road, Southold, New York 11971, af- ter 10:00 A.M., on Thursday, March 5, 1998. Each bid shall be accompa- nied by a non-collusive bid cer- tificate and bank draft or certi- fied check in the amount of $50O.OO. The Town Board reserves the right to reject any and all bids and waive any and all informal- ity in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bi6 on Scavenger Waste Transport," and sub- mitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local from which thc Town of Southold is exempt. Dated: February 27, 19~8 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK 1X-3/5/98(44) COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lo[lot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for / ........................................................................ wee ks successively, ommencing on the .......'~..... ........ ........ Sworn to before me this .... ~.....~' . .day of ............ ......... ............ ........................ ......... ........... :: ............ ~otary ?ublic ~RBARA A. SCHNEIDER ~OIARY PUBUC, State of Ne~ York No. 4B06846 Qualified in Suffolk ~ ~ Commi~n ~pires LEGAL NOTICE NOTICE TO BIDDERS PLEASE TAKE NOTICE that sealed bids will be received by the Town Board, on behalf of the Town of Southold, in the Town Hall, 53095 Main Road, Southold, New York 11971, not later than 10:00 A.M., Thursday, March 19, 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., on Thursday, March 5, 1998. Each bid shall be accompanied by a non-collusive bid certificate and bank draft or certified check in the amount of $500.00. The Town Board reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southo[d 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 bld price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: February 27, 1998. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MARCH 5. 1998. AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH A. NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971. Copies to the following: The Traveler Watchman Town Board Members Town Attorney Dodge Reports Browns Letters Burrelle's 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 __StJl__ day of March 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 Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road~ Southold~ New York. "Re-Bid on Scavenger Waste Removal l; Transport" Bid Opening Date: 10:00 A.M., Thursday, March 19, 1998 Elizabeth~A. Neville Southold Town Clerk Sworn to before me this Rtk day of March , 1998. Not~ary Public LINDA j. COOPER Nolaly Publ/c, State of New M ~No~. 4822563, Suffor- ~ ~r~ ,~,m r:~Pires De -.;~ ~,ounty NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Bid on 04:57PH SOUTHOLD TOiqH HF~LL OFFICE OF THE TOWI~ CLEP~ TOWN' OF SOU~I~OLD Town Hall, 5309, I'.O. Box S°Ur, hold, New' Telephone (516 PAX TRANSMITTAL TO: ,FROM: OATH: Number of Pag,es (including If total transmittal i$ not received,, please Gall ($15)765-I~00. COMMENTS: Leg, al ~Notice for publication,art. :Thursday~i' March $. 1998: "Bid rkl ,162 971 }00 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATIST)'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 CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 19. 1998: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to re-advertise for bids for removing and transporting scavenger waste from the Southold Town Wastewater Treatment Facility. ~ Neville Southold Town Clerk February 20, 1998 SPECIFICATIONS FOR THIS BID WERE PREPARED BY THE TOWN ATTORNEY USING PREVIOUS ONES PREPARED BY GEORGE DESMARIS OF H2M. l-lolzmnchcr, McLcndon & Murrcll, P.C. · 1-12M Labs, Inc. H2M Construction Mnnngement, Inc. · H2M Associates, Inc. 575 Broad Hollow Road, Melville, New York 11747 PHONE: (516) 756-8000 * FAX: (516) 694-4122 TO: //~7~ ,~,~'}///_,~,~' FROM: COMPANY: 7~ $/OF PAGES {incl. cover sheetl: Z~ TIME: FAX: NOTE: PLEASE CALL IMMEDIATELY IF YOU DO NOT RECEIVE ALL PAGES COMMENTS: FOR OFFICE USE ONL Y: Project No.; Re/mb: .. Se~Tffer f/nit/afL' [O'a ~9:S[ I8~ ~6-60-N~? tt OUP aoJ~m~eher, Mc~e~lon&Murre~P.C · l~2MAmoehtes, lue. 575 Broad Hollow Road, Melville. NY 11747-5076 (516) 75(-~000 ,, Fax: (516) 69&~i122 January 9, 1997 Supervisor Jean W, Cochran Town of Southold 53095 Main Road Southold, New York 11971 Scavenger Waste Treatment Plant Engineering Services Proposal Waste Transportation and Disposal Speoifications Dear Supervisor Cochran: At the request of the Town Clerk, Betty Ngville, Holzmacher, McLtmdon & Murrell, P.C. (H2M) is pleased to submit this proposal to provide engineering services for preparing specifications for the transporratlon and disposal of scavenger waste from the Town's s~av~-g~r w~tc tri~tment facility. The most recent c~ntract for the scavenger waste removal expired on December 31, 1997. In order to receive bids for 1998 as soon as possible, I recommend that the laboratory data for thc scavenger waste from 1996 be incorporated into the new specifications. This will also cllminatc thc cost associated with sampling and analysis of the material. In consideration of the above, we proposc to providc thc following services: I. Dctailcd Specifications and Bid Period S,awices Prepare specifications and contract documants for bidding tho disposal of scavenger wasto from Fobmary 17, 1998 through D~mlb~r 31, 1998, with the option for a s~ond year. Provide up to six (6) copies of bid docum~ts to the Town and contact potential bidders. Response to questions during the bid period, review bids, recommend award of contract, end pco~idc four (4) copies of conformed contract documents. R~I~ Pan~ a0'd Eg:fit lad 86-60-N~F I-I GROUP Supervisor Jean W. Cochran January 9, 1998 Page 2 We propose to provide service~ for Ta~k I for a lump mm of $1,900.00. As discussed with the Town Clerk, a temative bid adver'ds~ment date of Thursday, January 15, 1998 has been ~tablish~d with a bid opening da~c of'January 29, 1998 at 10:00 AM. We are ple~ed to submit this proposal to your offic~ and look forw~'d to your reply. Should you find this proposal acceptable, please ~ one e~eeuted copy of this propo~i letter or the Town Baard'~ authorization. ~'any questions erlse re~ardillg the above work, pl~e contaot our oi~cc at 756-8000, BxC 610. very truly yours, HOI.ZMACHER, McLENDON & MURRELL, P.C. Ocorg~ W. Dcsma~ais, P.E. Vice President LP-010 GWD/cdn Bnclosurc cc: Betty Ncvillc AGREED AND ACCEPTED BY: Signature Prim NamefrRle Date Gr' DUP HOLZMACHER, MoLENDON & MURRELL, P.C, NOTICE TO BIDDERS PLEASE TAKE NOTICE that mal~l bid~ will be received by t~ Town Bovril, on beh~f of thc Town of Southold, in the Town Hall, 53095 .Main Road, Southold, New York 11971 not later than I0:00 a.m., Prevailing time on Thursday, Sanuary 29, 1998, at which time they will be publicly opened and read aloud, for the following pmjea: SCAVENGER WASTE TREATMENT FACILITY WASTE TRANSPORT AND DISPOSAL PROJECT NO.:. SOHT 98-01 A non-refundable fee of Twenty-Five Dollars ($2~.00) payable to the TOWN OF SOUTHOLD will be required for a set of specifications. INSTRUCTIONS FOR 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, $outhold, New York 11971, after 11:00 a.m., Prevailing time on Thurglay, Sanuary 15, 1998. Each bid shall be accompanied by a bid bond or certified check on a solvent bank of the State of New York, in the amount of five.point (5~$) of the amount bid under Item I of the proposal. 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. Thc 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 BETTY NEVILLE TOWN CLERK DATED: January 9, 1998 SOHT 98-01 NB - I of 1 PO'd Eh:q[ I~ 86-60-~¥~ ~k ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF V~TAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O, Box 117~ Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CI,I~,RK TOWN OF SOUTHOLD FAX TRANSMITTAL IMPORTANT MESSAGE TO: FROM: DATE: f'.FO R C.F I~l:C,M A I~ I ~, RI:TT¥ I~II:Vll I F IAklIIAI~¥ q. lqqR Number of Pages (including cover}: 1 If total transmittal is not received, please call (516)765-180Q. COMMENTS: RE: SPEC'S FOR SCAVENGER WASTE REMOVAL: PLEASE HOLD UP ON DOING THESE SPECIFICATIONS. SUPERVISOR COCHRAN WISHES TO DISCUSS THIS FURTHER WITH THE TOWN BOARD. SHE WILL BE OUT OF THE OFFICE UNTIL TUESDAY, JANUARY 13th. THIS WILL HOLD UP THE ADVERTISING AND THE BID OPENING DATES ALSO. I WILL CALL YOU FIRST THIS MONDAY MORNING REGARDING THIS MATTER. THANK YOU. BETTY NEVILLE ............................................................................... TRANSMISSION RESULT REPORT .................... ~ SOILD TOWM HRLL 516 7~5 18~3 ................................................................................................................................................................................ (AUTO) .................. DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PACES NO. JAN Og 09:46PM 00'Z8" OK ES 01 001 E)ECM >)REDUCTION S)STAMDARD M)MEMORY C)COMFIDEMTIAL ~)BATCH D)DETAIL $)TRRMSFER F)FIME P)POLLIMG BID SPECIFICATIONS REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID OPENING DATE: MARCH 1~), lg98, THURSDAY, 10:00 A.M. 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 Thursday, March 19, 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, March 5, 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 hundred dollars. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all infbrmality 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: February 24, 1998 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 of the bidder. Bids may be forwarded by mail at the sole risk of the Contractor. If mailed, they must be registered and the sealed envelope containing the proposal and marked as directed above, must be enclosed in another envelope properly addressed for mailing. The Town may consider intbrmal any bid not prepared and submitted in accordance with the provisions hereof, and may waive any information in or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereo£ Any bid received after the time and date specified, shall not be considered. 2. DESCRIPTION OF TIlE 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 ora bid, dispute or complain of such statement or estimate of the Town, nor assert that there has been any misunderstanding in regard to the nature or amount of the work to be done. 7. PRICES NOT CHANGED BY CHANGE IN QUANTITIES An increase or decrease in the quantity for any unit price item shall not be regarded as sufficient grounds for an increase or decrease in the unit price of that item, nor in the time allowed tbr 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. I I. BID SECURITY Each bid shall be accompanied by a certified check or bank draft payable To The Order of the Town of Southold, negotiable U S. Government Bonds (at par value), or a satisfactory bid bond executed by the bidder and an acceptable surety on the Form of Bid Bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Town, in an amount not less than five hundred dollars. Such bid security will be promptly returned to all except the three lowest bidders within three (3) days after the opening of bids, and the remaining bid security will be returned promptly after the Town and the accepted bidder have executed the Contract, or if no Contract has been so executed, within 90 days after the date of the opening of bids, upon demand of the bidder at any time thereafter so long as he has not been notified of the acceptance of his bid. 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. 19. PERFORMANCE BOND The Contractor shall not commence any work until he supplies the Town Clerk with a Performance Bond in the sum of 25% of the total bid price, in a form approved by the Town Attorney. Such bond must be provided as a prerequisite to entering into a contract for this work, and failure to provide such a bond will result in forfeiture of the the bid bond. QUALIFICATIONS OF BIDDERS TOWN OF SOUTHOLD SUFFOLK COUNTY NEW YORK The following is a list showing the name of the Owner, the Location, the Date of Construction and/or Performance, a General Description of the Work, and the Amount of the Contract Work of a similar nature constructed and/or performed by the undersigned, and which has been completed and in operation for a period of not less than one (1) 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 tbr 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: 8 PROPOSAL TOWN OFSOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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 ot~ REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY in strict accordance with the contract documents for: ITEM I - Scavenger Waste Removal and Transport to an Approved Disposal Location Furnishing all labor, materials, equipment, and supplies necessary to remove, transport and dispose of approximately 2,020,000 gallons of scavenger waste to an approved disposal location for a contract period between April 1, 1998 to December 31, 1998. PRICE PER GALLON TOTAL DOLLARS DOLLARS 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 1, 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. PRICE PER GALLON DOLLARS TOTAL DOLLARS ITEM 2 - Scavenger Waste Removal and Transport to an Approved Disposal Location PROPOSAL TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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 B1D(SUM OFITEMS1 AND2) TOTAL DOLLARS Unit prices bid per gallon shall be used as additions or deductions based on the actual quantity of scavenger waste removed and disposed o£ Work must commence within five (5) consecutive calendar days after notice to proceed. The Town hereby reserves the right to select the Total Bid or reject a bid if a contractor's stated unit prices are evaluated as unreasonable. The Town also reserves the right to void this contract after fifteen days notice. IO THE CONTRACT PERIOD WILL BE FOR A PERIOD OF TEN (10) MONTHS UNDER ITEM 1, 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. THE CONTRACTOR MUST POST A PERFORMANCE BOND IN AN AMOUNT OF 25% OF THE TOTAL BID PRICE. PROPOSAL (CONT' D.) TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK REMOVAL, TRANSPORTATION AND DISPOSAL OF SCAVENGER WASTE FROM THE SCAVENGER WASTE TREATMENT FACILITY BID DATE: March 19, 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 hundred dollars as stipulated in the foregoing Information for Bidders. The Bidder hereby agrees to enter into a Contract within seven (7) days (Saturdays and Sundays excepted) after due notice from the Town Board, Town of Southold, that the Contract has been awarded to it and is ready for signature; such notice to be given in writing within ninety (90) days of opening of the bids and, on the signing of such Contract by the Bidder, to furnish the indemnifying bonds as provided in the Contract. The Bidder hereby further agrees that in the event of its failure or refusal to enter into a contract in accordance with this bid within ten (10) days after due notice from the Town Board that the Contract has been awarded to it and is ready for signature, as given in accordance with the lnfbrmation for Bidders and/or its failure to execute and deliver the bond as provided in said Information for Bidders, the Bidder's check or bid bond which is herewith deposited with the Town Board shall (at the option of said Board) become due and payable as ascertained and liquidated damages for such default; otherwise, said check or bid bond will be returned to the undersigned. The full names and residences of all persons and parties interested in the foregoing bid as principals are as tbllows: NAME ADDRESS NAME OF BIDDER BUSINESS ADDRESS OF BIDDER: DATED AT: THE DAY OF , 1998. 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) 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 co.repetition as to any matter relating to such prices; (b) Unless otherwise required by law, the prices which have been quoted in this bid or proposal have not been knowingly disclosed and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor prior to the opening of the bids for this project; and (c) No attempt has been or will be made by the bidder to induce any other person partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. Southold, New York Dated: , 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 therefor. Indicate if statement is attached: ~5 BUILDERS RISK INSURANCE, INDEMNITY, LIMITATION OF LIABILITY I BUILDERS RISK INSURANCE The Contractor shall purchase and maintain daring 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. 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 (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 fbr 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~ 18 GENERAL CONDITIONS (CONT'D.) 6.O - 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. 19 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.O-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 fbreman 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.O - 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 tbr 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 PART1-GENERAL I.I - SECTION INCLUDES A. Pump/remove, transport and dispose of the contents of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. 1.2 - REGULATORY REQUIREMENTS A. The Contractor shall be a New York State licensed scavenger waste hauler for the transportation of scavenger waste. The Contractor shall maintain an approved waste hauler license in accordance with 6 NYCRR Part 364 throughout the duration of the contract. B. Permits for transport through other states to the disposal location shall also be maintained. C. Obtain all local, county and state permits, and all fees associated with the removal, testing, transportation and disposal of the scavenger waste. The Contractor will be required to transport scavenger waste to an approved disposal location. The Contractor will be allowed to remove scavenger waste only between 7:00 AM and 3:00 PM, Monday through Friday excluding holidays observed by the Town of Southold. 1.3 - SUBMITTALS A. Within one week of contract execution and prior to beginning any transferring and transporting of scavenger waste, the Contractor shall submit to the Town, in writing, that all 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 13219 - SCAVENGER WASTE REMOVAL, TRANSPORTATION AND DISPOSAL (CONT'D) shall be made to the Owner prior to removal of scavenger waste. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.1 - REMOVAL OF SCAVENGER WASTE A. The Contractor shall remove, transport and dispose of scavenger waste from the equalization tank at the Town of Southold Scavenger Waste Treatment Facility. Remove approximately 150,000 gallons per month during the months of December, January, and February; approximately 180,000 gallons per month during the months of October, November and March; and 225,000 gallons per month during the months of April, May, June, July, August and September. B The Contractor shall remove the scavenger waste from the equalization tank located in the southwest 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: 24 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 4/1/98 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. I. 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 ot} the person, firm or corporation for whom intended or to his, their, or its duly authorized agents, representatives or officers, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm, or corporation at his, their, or its last known business address and deposited in a United States Mail Box. DIRECTED. REQUIRED. APPROVED. ACCEPTABLE: Whenever they refer to the work, or its pertbrmance, "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. 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 tull 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 (10) consecutive calendar days after signing this Contract, and that the day he commences work shall constitute the first of the consecutive calendar days allowed for completion of the work. The Contractor agrees to remove waste, in a quantity to be determined by the Town, within five days of notice by the Town. 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 The Contractor shall not commence any work until he supplies the Town Clerk with a Performance Bond in the sum of 25% of the total bid price, in a form approved by the Town Attorney. Such bond must be provided as a prerequisite to entering into a contract for this work, and failure to provide such a bond will result in forfeiture of the the bid bond. 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 ('['OWN) Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance 29 The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the TOWN. A. Compensation Insurance - The Contractor shall take out and maintain, during the life of this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the project, and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. B. Public Liability and Property Damage Insurance - The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, or by any one directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance in the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than ONE MILLION DOLLARS ($1,000,000.) on account of one accident. (2) Property Damage Insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for damages on account of any one accident and in an amount of not less than TWO HUNDRED THOUSAND DOLLARS ($200,000.) for damages on account of all accidents. C Liability and Property Damage Insurance - The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. D. Owner's Protective Public Liability and Property Damage Insurance - (TOWN, and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER) - The Contractor shall furnish to the TOWN with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the TOWN and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS (S500,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays after entering into such Contract less than such stipulated minimum hourly wage scale shall be guilty ora misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000.) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this Section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract, are as set forth in the INFORMATION FOR BIDDERS. 12. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. 13. PAYMENTS A. Monthly: At the end of each calendar month during the progress of the work, the Contractor shall submit a payment requisition to the Town. The Town will review the requisition and prepare payment based on the estimated amount of work performed and the quantity of materials furnished, as based on the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the TOWN will pay or cause to be paid to the Contractor the above less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitable discharged. The making of any such payment made thereon shall not be taken or construed as an acceptance by the TOWN of any work so estimated and paid for. 14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the TOWN from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work, and for every act and neglect of the TOWN and other relating to, or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if 33 these payments be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 15. ACTIVITY REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contractor to a predetermined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of and to be performed by others. 16. PLANS AND SPECIFICATIONS - INTERPRETATIONS The Contractor shall keep one (1) copy of the Specifications signed and identified by the Town. In case of any conflict or inconsistency between the Proposal and Specifications, the Proposal shall govern. Any discrepancy between the Proposal and Specifications shall be submitted to the Engineer, whose decision therein shall be conclusive. 17. PROTECTION OF WORK. PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery equipment and all hazards shall be guarded or eliminated in accordance with the safety the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the TOWN or its Engineer to adequately safeguard the traveling public. The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in predetermining the location and depth of the various pipes, conduits, manholes and other underground facilities. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, Joss 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 performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform all work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability and fitness of all parts of the work, shall interpret the plans, specifications, contract documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the contract documents of particular instances in which the opinion, judgment, discretion or determination of the Engineer shall control, or in which work shall be performed to his satisfaction or subject to his approval, or inspection, shall not imply that only matters similar to those enumerated shall be so governed and so performed, but without exception all the work shall be governed and so performed. Nothing herein shall be construed to give the Contractor a claim for extra work unless prior thereto an appropriate Change Order has been executed by the TOWN and Contractor for such work. 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 ow~ expense. Rejected materials shall immediately be removed fi.om the site. The Contractor expressly warrants that his equipment shall be free from any, and agrees to correct any defects immediately. 22. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold 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 fi.om loss due to defective work not remedied; or C. To protect the TOWN fi.om loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The TOWN shall have the right, as agent for the Contractor, to apply any such amount so withheld in such manner as the TOWN may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 23. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT A. The Contractor shall file for any form of bankruptcy relief or make an assignment tbr the benefit of creditors; or 36 B. A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within twenty (20) days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said twenty (20) days; or C The Contractor shall violate any provision of this Contract; or D. The Contractor shall fail or refuse to regard laws, ordinances, regulations, or the instructions of the Engineer and/or the TOWN; then, and in any such event, the TOWN without prejudice to any other rights or remedy it may have, and after seven (7) days written notice to the Contractor and Contractor's Surety may terminate the employment of the Contractor and take possession of the premises and all material, tools and appliances therein, and complete the work by contract or otherwise, as the TOWN solely may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. 24. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any public authority, Federal or State agency, for a period of three (3) months through no act or fault of the Contractor or any of his agents, servants, employees, material men, or subcontractors, the Contractor may, upon ten (10) days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. If the Contract is terminated by the Contractor, the liability of the TOWN to the Contractor shall be tbr 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 37 The Contractor expressly undertakes at his own expense: A. To take every precaution against injury to persons or damages to property; B. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors, or other contractors; C. To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times the site of the work shall present a neat and orderly and workmanlike appearance; 27. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions from the TOWN. He shall notify the TOWN thereof immediately thereafter and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to the TOWN for approval and Change Order executed by the TOWN and the Contractor. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 28. SUITS AT LAW The Contractor shall indemnify and save harmless the TOWN from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the Contractor, his employees or agents or any subcontractors and in case any such action shall be brought against the TOWN, the Contractor shall immediately take care of and defend the same at his own cost and expense. 29. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not 38 correctly inserted, then upon the application of either party the Contract shall be physically amended to make such insertion. 30 SUBLETTING AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign or transfer any work or money due under this contract without first obtaining the written consent of the Town. This Contract shall insure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 39 Where successful bidder on electrical work for a new school, by unilateral error, bid a deduction of $2,900, instead of an addition of $2,900 on one alternative, and after public opening of the bids, successful bidder, with knowledge of its mistake, chose to stand by it, such action was neither an amendment nor a correction of the bid, and it having elected to be bound by the bid, the board of education had no alternative but to consider it, and when on tabulating the respective base and selected alternate bids, it developed that successful bidder's total bid was the lowest, and successful bidder was a responsible bidder, board was required by this section to award the contract to it. Premier Bec. Installation Co. v. Board of Ed., U.F.S.D. No. 22, 1959, 20 Misc.2d 286, 191 N.Y.S.2d 187. 39. Mistakes in general Housing authority's refusal to permit contractor to withdraw bid was not arbitrary or capricious; shortly after bid was accepted, contractor notified housing authority that it had made error, but delayed three months before requesting to be released from its bid. Gilston Elec. Contracting Corp. v. Popolizio (1 Dept. 1991) 169AD.2d 583, 564 N.Y.S.2d 435. Where contractor prepared a bid for general construction for sewage treatment plants and also a bid for plumbing and equipment for plants, and in so doing contractor misinterpreted specifications and erroneously omitted certain items that had to be furnished under general construction contract from computations it made in preparing its bid for such contract and instead included these items in computations it made in preparing its bid for plumbing contract, and contractor gave sewer district notice of mistake day after bids were opened, the district could not properly retain advantage of contractor's mistake, and fair dealing required that contractor be relieved of its bid. Balaban-Gordon Co. v. Brighton Sewer Dist. No. 2, 1971, 67 Misc.2d 76, 323 NY.S.2d 724, affirmed 41 A.D.2d 246, 342 N.Y.S.2d 435. Where a bidder on a public library fuel oil contract in good faith mistakenly submitted a bid with a variable price although the bid specifications called for a firm price, and where the library knew or should have known that the bid was not in compliance with the specifications, it would seem that the contract could be rescinded. Op. State Compt. 80-595. Where the Iow bidder promptly advises a city of a mistake in his bid, and the local authorities are convinced that an honest and material mistake was made, the city may permit the withdrawal of the bid and award a contract to the next lowest bidder. 24 Op. State Compt. 614, 1968. Purported letter of rescission of public computer contract issued by Department of Transportation in reliance upon Department of General Services' Board of Responsibility's determination that successful bidder was not responsible to receive award of street lighting contracts was wholly ineffective to rescind computer contract; Department violated section of resolution of board of estimate by not convening board of responsibility to determine responsibility of bidder for computer contract and instead relying on determination of board convened by Department of General Services. Lord Elec. Co., Inc. v. Litke, 1983, 122 Misc.2d 112, 469 N.Y.S.2d 846. Municipality which fails to comply with McKinney's General Municipal Law § 103, requiring competitive bidding on projects greater than $5,000, is excused from any payment under contract and may recover any monies already paid, even if performance under contract has been completed and return of material and labor is impossible. D'Angelo v. Cole, 1986, 67 N.Y.2d 65, 499 NY.S.2d 900, 490 N.E.2d 819. Where contract between contractor and central school district for construction of school was void because contract was not let out in accordance with competitive bidding requirements of this section directing that contract shall be awarded to lowest responsible bidder after advertising for sealed bids, any claim by contractor and emanating solely from illegal contract, whether under it or in quantum meruit, was unenforceable. Fabrizio & Martin, Inc. v. Board of Ed. Central School Dist No. 2 of Towns of Bedford et al., 1968, 290 F.Supp. 945. The record demonstrated that disappointed bidder on a public contract substantially and materially complied with bid proposal specifications and that city acted arbitrarily and capriciously in accepting another bid. Cal's Gear and Auto Parts, Inc. v. City of Rome (4 Dept. 1983) 98 AD.2d 967, 470 NY.S.2d 248. General Municipal Law §103 11. Bid mistake; public projects. (a) In all contracts governed by this section, where a unilateral error or mistake is discovered in a bid, such bid may be withdrawn after a showing of the following: (1) the mistake is known or made known to the awarding officer, board or agency prior to the awarding of the contract or within three days after the opening of the bid, whichever period is shorter; and (2) the price bid was based on an error of such magnitude that enforcement would be unconscionable; and (3) the bid was submitted in good faith and the bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error; and (4) the error in the bid is actually due to an unintentional and substantial arithmetic error or an unintentional omission of a substantial quantity of work, labor, material, goods or services made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the bid sought to be withdrawn; and (5) it is POSSible to place the public agency, board, officer, or subdivision in status quo ante. (b) Unless otherwise required by law, the sole remedy for a bid mistake in accordance with this section shall be withdrawal of that bid and the return of the bid bond or other security, if any, to the bidder. Thereafter, the awarding officer, board or agency may, in its discretion, award the contract to the next lowest responsible bidder or rebid the contract. Any amendment to or reformation of a bid or a contract to rectify such an error or mistake therein is strictly prohibited. Where contractor's bid on school construction project would have been the lowest bid even without mathematical error of $171,000, whether to permit adjustment of error by an increase of $171,000 to contractor's bid or a deduction of work in that amount was a matter for board's decision, and contract awarded after deducting work in the amount of $171,000 was not illegal on theory that it was issued in violation of competitive bidding requirement of subd. 1 of this section. Fabrizio & Martin, Inc. v. Board of Ed. Central School Dist. No. 2 of Towns of Bedford, Et Al., C.A.2 (N.Y.)1975, 523 F.2d 378. Because city environmental protection agency had authority to declare bid for award of plumbing contract informal, bidder was not injured by fact that agency, upon discovering an apparent arithmetical error on the face of the bid, gave bidder opportunity to accept contract at a lower amount than bidder had indicated on its bid form and this procedure did not violate this section. James H. Merritt Plumbing, Inc. v. City of New York (1 Dept. 1976) 55 AD.2d 552, 390 N.Y.S.2d 65, appeal dismissed 41 N.Y.2d 806, 396 N.Y.S.2d 1025, 364 N.E.2d 85Q