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HomeMy WebLinkAboutTrinity Transportation CorpCONTRACT CONTRACT IN QUADRIPARTITE FOR REMOVAL. TRANSPORTATION AND DISPOSAL OF SOLID MUNICIPAL WASTE FROM THE TOWN OF SOUTHOLD LANDFILL FACILITY AT CUTCHOGUE, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, dated ~01J~ r-/ ,2000, BY AND BETWEEN THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, acting for and in behalf of the TOWN OF SOUTHOLD (herein called the TOWN), and TRINITY TRANSPORTATIO, INC. (herein called the CONTRACTOR). WITNESSETH, that the TOWN and the CONTRACTOR, in consideration of the premises and of the mutual covenants, considerations and agreements herein contained, agree as follows: This Contract is hereby awarded to the CONTRACTOR for the work and material called for under BELOW: THE HAULING AND DISPOSAL OF MUNICIPAL SOLID WASTE (MSW) AND DEMOLITION DEBRIS (C&D) AT A RATE OF $61.50 PER TON ON A MONTH TO MONTH TERM COMMENCING AUGUST 2000. 1. 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 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. 2. COMPENSATION TO BE PAID TO THE CONTRACTOR A. Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the actual quantities of waste removed, as determined by the Town's measurements by the unit prices agreed upon, 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. 3. T1MEOF 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. 4. 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. 5. 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. CONTRACTOR'S INSURANCE The Contractor shall not commence any work until he has obtained and had approved by the TOWN all of the insurance required under this Contract, as enumerated herein: Workers Compensation Insurance Public Liability and Property Damage Insurance Contractor's Protective Liability and Property Damag0 Insurance Owner's (TOWN) Protective Public Liability and Property Damage Insurance Automobile Public Liability and Property Damage Insurance The Contractor shall not permit any subcontractor to commence any operation on the site until satisfactory proof of carriage of the above required insurance has been posted with, and approved by, the TOWN. A. Compensation Insurance - The Contractor shall take out and maintain, during the life of this Contract, Workers' Compensation Insurance for all of his employees employed at the site of the project, and in any case of any of the work being sublet, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. B. Public Liability and Property Damage Insurance - The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract for claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, or by any one directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance in the amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than ONE MILLION DOLLARS ($1,000,000.) on account of one accident. (2) Property Damage Insurance in an amount not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for damages on account of any one accident and in an amount ofnotless than TWO HUNDRED THOUSAND DOLLARS ($200,000.) for damages on account of all accidents. C. Liability and Property Damage Insurance - The above policies for public liability and property damage insurance must be so written as to include Contractor's Protective Liability and Property Damage Insurance to protect the Contractor against claims arising from the operations of any subcontractor. D. Owner's Protective Public Liability and Property Damage Insurance - (TOWN, and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER) - The Contractor shall furnish to the TOWN with respect to the operations he or any of his subcontractors perform, a regular Protective Public Liability Insurance Policy for and in behalf of the TOWN and/or TOWN BOARD, TOWN OF SOUTHOLD as OWNER, providing for a limit of not less than FIVE HUNDRED THOUSAND DOLLARS (S500,000.) for all damages arising out of bodily injuries to, or death of, one person and subject to that limit for each person, a total limit of ONE MILLION DOLLARS ($1,000,000.) for all damages arising out of bodily injuries to, or death of, two or more persons in any one accident; and regular Protective Property Damage Insurance providing for a limit of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for all damages arising out of injury to, or destruction of, property in any one accident and subject to that limit per accident a total (or aggregate) limit of TWO HUNDRED THOUSAND DOLLARS ($200,000.) for all damages arising out of injury to, or destruction of property during the policy period. The insurance must fully cover the legal liability of the TOWN and/or TOWN BOARD, TOWN OF SOUTHOLD. The coverage provided under this policy must not be affected if the TOWN performs work in connection with the project either for, or in cooperation with, the Contractor or as an aid thereto, whether the same be a part of the Contract or separate therefrom, by means of its own employees or agents, or if the TOWN directs or supervises the work to be performed by the Contractor. ' E. Automobile Public Liability and Property Damage Insurance - The Contractor shall take out and maintain during the life of the Contract such automobile public liability and property damage insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including accidental death as well as fi-om claims for property damage which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor, or by any one directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: (1) Automobile Public Liability Insurance in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000.) for bodily injuries, including wrongful death by any one person, and subject to the same limit for each person in an amount not less than ONE MILLION DOLLARS ($1,000,000.) on account of one accident. (2) Automobile Property Damage Insurance in an amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.) for damages on account of any one accident and in an amount of not less than TWO HUNDRED THOUSAND DOLLARS ($200,000.) for damages on account of all accidents. ~ 9. PROOF OF CARRIAGE OF INSURANCE The Contractor shall furnish the TOWN with certificates of each insurer insuring the Contractor or any subcontractor under this Contract, except with respect to subdivision D. of paragraph 8. In respect to this paragraph, the Contractor shall furnish the TOWN with the original insurance policy. Both certificates, as furnished, and the insurance policy, as required, shall bear the policy numbers, the expiration date of the policy and the limit or limits of liability thereunder. Both the certificates and the policy shall be further endorsed to provide the TOWN with any notice of cancellation at least ten (10) days prior to the actual date of such cancellation. 11. COMPLIANCE WITH LABOR AND PENAL LAWS The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Laws, as amended, provide that no laborer, worker or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one calendar day, except in cases of extraordinary emergency caused by fire, flood, or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week, except in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workers, or mechanics upon the work called for under this Contract, or for any materials used upon or in connection therewith shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the State where such work is to be done and each laborer, worker, or mechanic employed by the Contractor, subcontractor, or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction outside the limits of cities and villages are no longer exempt from the provisions of the Labor Laws which required the payment of the prevailing rate of wages and the eight (8) hour day. Section 220A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State or any City, County, Town or Village or other civil division of the State, of any sums due on account ora contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contract, setting forth therein the names of the persons whose wages are unpaid and the amount due each, respectively. Section 22OB of the Labor Law, as amended, provides that any interested person who shall have previously filed a protest in writing objecting to the payment to any Contractor or subcon- tractor to the extent of the amount or amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if, for any other reason, it may be deemed advisable, the Comptroller of the State or other financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof the sum or sums admitted by any Contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any Contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220C of the Labor Law, as amended, provides the penalty for making of a false oath or verification. Section 22OD of the Labor Law provides that the advertised specifications for every Contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, County, Town and/or Village is a party shall contain the provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract, either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays after entering into such Contract less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and, upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.) or by imprisonment for not more than thirty (30) days, or by both fine and imprisonment for a second offense by a fine of One Thousand Dollars ($1,000.) and, in addition thereto, the Contract on which the violation has occurred shall be forfeited; and no such person or corporation shall be entitled to receive any sum or nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this Section. 10. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on this project under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. 13. PAYMENTS A. Monthly: At the end of each calendar month during the progress of the work, the Contractor shall submit a payment requisition to the Town. The Town will review the requisition and prepare payment based on the estimated amount of work performed and the quantity of materials furnished, as based on the prices set forth in the Proposal. In consideration of the work done and the materials furnished, the TOWN will pay or cause to be paid to the Contractor the above less such additional amount as may be necessary to satisfy any claims, liens or judgments against the Contractor which have not been suitable discharged. The making of any such payment made thereon shall not be taken or construed as an acceptance by the TOWN of any work so estimated and paid for. 14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the TOWN from all claims and all liabilities to the Contractor for all things done or furnished in connection with this work, and for every act and neglect of the TOWN and other relating to, or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if these payments be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 15. ACTIVITY REPORTS The Contractor shall submit to the Engineer prior to the commencing of any work under this Contract a detailed schedule and plan of operation, indicating the manner in which the Contractor proposes to prosecute the work, and a time schedule therefore. Such schedules are not intended to bind the Contractor to a predetermined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of and to be performed by others. 16. 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 Accidem 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 de[reed necessary by the TOWN or its Engineer to adequately safeguard the traveling public,:.The Contractor shall give notice to the owners of all utilities which may serve the area and request their assistance in predetermining the location and depth of the various pipes, conduits, manholes and other underground facilities. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the contract documents, or by the TOWN or its duly authorized representatives. The Contractor shall provide and maintain such watchers, barriers, lights, flares and other signals, at his own expense, as will effectively prevent any accident in consequence of his work for which the TOWN might be liable. The Contractor shall be liable for all injury or damage caused by his act or neglect, or that of his employees. 17. 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 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. 18. 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 Town who shall be the final judge of quality, materials, processes suitable for the purpose for which they are used. Should they fail to meet his approval they shall be corrected, by the Contractor at his own expense. Rejected materials shall immediately be removed from the site. The Contractor expressly warrants that his equipment shall be free from any, and agrees to correct any defects immediately. 19. THE TOWN'S RIGHT TO WITHHOLD PAYMENTS The TOWN may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the TOWN, be necessary: A. To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; B. To protect the TOWN from loss due to defective work not remedied; or C. To protect the TOWN from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The TOWN shall have the right, as agent for the Contractor, to apply any such amount so withheld in such manner as the TOWN may deem proper to satisfy such claims or to secure such protection. Such application of such money shall be deemed payments for the account of the Contractor. 20. THE TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT A. The Contractor shall file for any form of bankruptcy relief or make an assignment for the benefit of creditors; or B. A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within twenty (20) days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said twenty (20) days; or C. The Contractor shall violate any provision of this Contract; or D. The Contractor shall fail or refuse to regard laws, ordinances, regulations, or the instructions of the Engineer and/or the TOWN; then, and in any such event, the TOWN without prejudice to any other rights or remedy it may have, and after seven (7) days written notice to the Contractor and Contractor's Surety may terminate the employment of the Contractor and take possession of the premises and 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. 21. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or any public authority, Federal or State agency, for a period of three (3) months through no act or fault of the Contractor or any of his agents, servants, employees, material men, or subcontractors, the Contractor may, upon ten (10) days notice to the TOWN, discontinue his performance of the work and/or terminate the Contract. If the Contract is terminated by the Contractor, the liability of the TOWN to the Contractor shall be for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment, including reasonable profit and damages. 22. 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. 23. USES OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: A. To take every precaution against injury to persons or damages to property; B. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors, or other contractors; C. To frequemly 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; 24. POWER OF THE CONTRACTOR TO ACT 1N AN EMERGENCY In case of an emergency which threatens loss or injury to property and/or safety to life, the Contractor will be permitted to act as he sees fit without previous instructions fi.om the TOWN. He shall notify the TOWN thereof immediately therea!~er and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to the TOWN for approval and Change Order executed by the TOWN and the Contractor. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization fi.om the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work and shall be incorporated into a Change Order executed by the TOWN and Contractor. 25. 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. 26. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party the Contract shall be physically amended to make such insertion. 27. SUBLETTING AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract, nor assign or transfer any work or money due under this contract without first obtaining the written consent of the Town. This Contract shall insure to the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns. 1N WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Jean/. Cochran, Supervisor Town of Southold Designated Representative Trinity Transportation, Inc.