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HomeMy WebLinkAboutPhragmite Removal - rejected ELIZABETH A. NEVILLE,MMC �� Gy Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 CA Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p . Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ��,( .�a� Telephone 765-1800 www.southoldtldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 20, 2014 Anthony Quintal Quintal Contracting Corp 359 Main Street, Suite l B Islip NY 11751 Dear Mr. Quintal:: At the regular Town Board meeting held on July 15, 2014, the Town Board rejected all bids for the Phragmite removal. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. Southold 'Down Board - Letter Board Meeting ofJuly 15, 2014 RESOLUTION 2014-621 Item # 5.22 ° na ADOPTED DOC 11): 9973 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-621 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2014: RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids for the Phragmite removal at the Sound View Dunes Park and be it further RESOLVED that the Town Clerk's office be authorized and directed to re-advertise for same. �-'agc?? -o Elizabeth A. Neville Southold Town Cleric RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 17, 2014 Page 29 #11799 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 24th day of July, 2014. r Principal Clerk Sworn to before me this day of v ` 2014. LEGAL NOTICE t NOTICE TO BIDDERS 1 n Eradication of Invasive Species Control CHRISTINA V v \ Program for Common Reed NOTA O NOTARY LINSKI (Phragmite australis)at Sound View PUBLIC-STATE OF NEW Dunes Park No. O1VOb1050. YORK NOTICE IS HEREBY GIVEN, in s of Sec- QuQI1fIAd Itt $ tion accor 03 of hedance hGene al Munthe icipal al Law, My Co E utfOlk county p mmission xt'lres FobruarY 28, the Town of Southold is seeking bids to 2016 eradicate the invasive plant reed (Phrag- mites australis)from approadmately 407 acres via the cut and drip and hand swiping methods using a glyphosate based herbi- cide approved for aquatic use. Two areas will be treated:Area 1 Inter-dunal Swale;a freshwater wetland with approximately 3.6 acres of moderate to high density of com- mon reed plants and Area 2 Fre Pond;a freshwater pond and freshwater wetland where the common reed occupies .47 acres at moderate to high densities. Defi- nite Specifications may be obtained at the Southold Town Clerk's Office beginning ]] y 24� _2014. The sealed bids,together with a 5% Bid Security a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold,at the Southold Town Hall, P.O. Box 1179, 53095 Main Road, Southold,New York,until 2.-10 PM,Thurs- day,August 7,2014,at which time they will be opened and read aloud in public. The Town Board of the Town of Southold re- serves the right to reject any and all bids and waive any and all informalities 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 en- velopes plainly marked"Bid on Phragmite Eradication",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. The Town of Southold welcomes and en- courages minority and women-owned busi- ness to participate in the bidding process Town of Southold Request for Proposals Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park Peconic, New York 11958 July 18, 2014 F nt coo Contact Information Mark Terry, Principal Planner Phone: 631-765-1938 Request for Proposals Invasive Species Control Program for the Common Reed (Phragmites austra[is) at Sound View Dunes Park Peconic, New York 11958 July 18, 2014 1. Project Sponsors: Suffolk County Town of Southold New York Department of State EPF 2. Project Location: Sound View Dunes Park (herein referred to as "site") Soundview Avenue, Peconic, New York 11958 3. Requirements a. Contract: The Contractor will be required to enter into a Contract with the Town of Southold. b. Insurance: An insurance rider listing the Town of Southold as an additional insured entity with coverage of a minimum of$1,000,000 is required. c. NYS License, Insurance and Bonding: The Contractor shall be licensed, insured and bonded. 4. Project Overview: The purpose of this project is to eradicate the invasive plant common reed (Phragmites australis) from two areas containing approximately 4.07 acres of a highly sensitive freshwater wetlands and maritime dune system located on the site. Treatment will be via the cut and drip and hand swiping methods. Area 1 Inter-dunal Swale - This site contains a sensitive freshwater wetland system that is situated between the maritime dunes closest to Long Island Sound. Portions of the area are being invaded by common reed growing at low to high densities throughout the area. The treatment area is approximately 3.6 acres. Area 2 Fire Pond - This area includes a freshwater pond known as the "Fire Pond" and a wetland area west of the access road. In this area the common reed plants occur at moderate to high densities. The treatment area is approximately .47 acres. See site maps in Exhibits A and B. 3. Project Scope: This goal of this project is to eradicate and control the invasive species common reed from a Town/Suffolk County owned environmentally sensitive site. Treatment shall be via the cut-drip and hand swiping methods using a glyphosate based aquatic approved herbicide. The Town realizes that the herbicide application methods are conservative however they were selected due to the environmental sensitivity of the site. The site includes a maritime inter-dunal swale wetland system recognized by the Town of Southold and New York State as a globally rare community. All precautions to prevent, herbicide spills, overspray and otherwise injury and or death to non-target species shall be taken. 4. Site Access The contractor and its employees shall have the required access to the job site in order for the described work to be accomplished. Specifically, vehicles will be able to access the Park's beach trail to access the treatment site. Access to all sites within the wetland (project area) shall be entirely by foot. No vehicles shall be permitted on any other trail. 5. Project Timing: All herbicide work shall be completed by October 31, 2015 pursuant to NYSDEC permit (1-4738- 04110/0000 1-4738- 04110/00001) conditions. 6. Project Workplan: Task 1. Permits/Certifications The work is being performed under the NYSDEC permit (1-4738-041 10/00001). A 2014/2015 waiver from the Suffolk County Pesticide Phase Out Citizens Advisory Committee NYSDOS Coastal Consistency Concurrence Southold Town Trustees Approval Letter The Contractor shall obtain coverage under the State Pollutant Discharge Elimination System (SPDES) Pesticide General Permit (Permit No. GP-0-11-001) for this project. The Contractor must adhere to the conditions of the all permits/approvals and is responsible for all coordination with NYSDEC and any other involved agencies. The Contractor must have a valid NYSDEC pesticide applicator license for Category 5A (Aquatic Vegetation Control). Task 2. On-site Meeting and Treatment Area Delineation (June 2014) The Contractor shall delineate the limit of the project areas with coordinating with representatives from the "Town of Southold Planning and Land Preservation Departments. Limits of areas to be treated shall be clearly marked with flagging tape and/or stakes. Task 3. First Cut, Bundle and Removal (July/August 2014) "The Contractor shall manually cut and bundle thatch (old growth) for on-site or off-site disposal (depending on location). Stalks of live plants are to be cut leaving a portion of the stalk for the application of herbicide. Where feasible, the cut Phragmites shall be bundled, dragged to the beach trail and loaded for transfer to the Town of Southold landfill. Otherwise cut plants shall be piled in a pre-designated area located greater than 100' from the project area. Products: Photographic documentation of work being performed and completed Task 4. First Herbicide Application (August/Sept/Oct 2014) The Contractor shall use a glyphosate based herbicide approved for aquatic use. The percent of herbicide applied to plants shall be effective in resulting in the 100 percent death of the plants after a three year period. For large stalks, the cut-drip method will be used. Stalks shall be hand cut using clippers. Herbicide shall be applied at a 50% solution by dripping down the center of each stalk via a syringe of squirt bottle. A 50% solution of glyphosate equates to a one to one mix with distilled water. Herbicide shall not be applied if rain is forecasted within 12 hours because herbicide will be washed away before it can act. Plants too small for the cut and drip methods shall be hand-swiped with a cotton glove dipped in 33% solution of glyphosate herbicide. The cotton wicking glove shall be worn over a chemical resistant glove. These treatment methods minimizes negative effects on non-target species and provides a high probability that the herbicide will be translocated from the plant stalk to the below ground rhizomes. Products: Photographic documentation of work being performed and completed Task 5. Second Cut, Bundle and Removal of Thatch (February/March 2015) Stalks treated in 2014 shall be cut, bundled and removed from the project area. Products: Photographic documentation of work being performed and completed Task 6. Second Herbicide Application (August 2015) A second application of herbicide using the methods described above may be necessary to treat plants that were not killed during the first herbicide application. Products: Photographic documentation of work being performed and completed Task 7. Follow-up Tasks (February/March/July 2016) In February and March of 2016 the contractor shall cut, rake and dispose of dead thatch. In .luly of 2016 the contractor shall cut and/or hand-pull and dispose of stalks of new plants. All plants shall be disposed of at a pre-designated location equal to or greater than 100 feet from the wetlands. Task 8. Measurable Results The Contactor shall guarantee the death of 100 percent of common reed plants within the delineated project area at the completion of the project. Project Tasks and Timetable Tasks 2, 3 and 4 Tasks 5 Task 6 Task 7 Task 7 August/October February—March July/August 2015 Feb/March 2016 July 2016 2014 2015 Cut, bundle remove Cut, bundle, rake, Cut, bundle Cut, rake, remove Cut and hand pull dead thatch/new remove dead thatch remove new dead thatch new plants growth growth stalks First application of Second application herbicide of herbicide to treat new growth Monitor Monitor Monitor effectiveness of effectiveness of effectiveness of program program program (By Town) (B Town) (By Town) Exhibits Exhibit A— Site map showing approximate boundaries of Phragmites ausiralis infestation Exhibit B—Aerial from Google Maps (2012) 6 - - - - Phragmites australis delineation a tTown of Southold Freshwater Wetlands L Map Forest Trail (approx 4,920 ft/0.93 mi) tread width: 3 ft; clearing width: 5 ft; clearing height: 8 ft s ' O r Inter-dunal Swale aw 0 150 300 . feet ea 2 -Fire Pond � o 004 aerial Map prepared by Laura Klahre, April 2012 Exhibit B —Aerial from Google Maps (2012) with trail system superimposed (scale located in center of map) 40 r � All Of 1 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS NOTE THAT THE CONTRACT WILL INCLUDE ADDITIONAL STANDARD CONTRACTUAL CLAUSES Minority/Women Owned businesses are encouraged to apply. GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the document it is understood that they have the meaning defined below: PROGRAM: NYSDEC approved Invasive Species Control Program for the Common Reed (Phragmiles australis) at Sound View Dunes Park. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under the Program and Contract. OWNER: Shall mean Town Board, Town of Southold. TOWN REPRESENTATIVE: the duly authorized representative to represent the Owner in the execution of the work covered by the contractor/consultants and assistants engaged by the Owner and the Town Representative to the extent of the particular duties entrusted to them. Town Representative are assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract CONTRACT: Collectively, the contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, General Conditions, Addenda, Performance Bonds, and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of the Contract. 2. MANUFACTURED MATERIALS: Where several materials are specified by name, the Town Representative shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Town Representative is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Town Representative's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference GC - 2 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS is made to manufacturer's directions, the Contractor shall submit such directions to the Town Representative as required. 3. PERMITS: All work shall be compliant with the following: NYSDEC permit (1-4738-04110/00001) The waiver from the Suffolk County Pesticide Phase Out Citizens Advisory Committee The Contractor shall obtain coverage under the State Pollutant Discharge Elimination System (SPDES) Pesticide General Permit(Permit No. GP-0-11-001) for this project. The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the Contract. 4. PROGRAM AND SPECIFICATIONS: The Contractor shall perform work as described in the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park work plan. All materials and workmanship must be strictly in accordance with the work plan and regulatory permits. Additional copies of the Program, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. 5. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the Program, Specifications or other documents, the Contractor shall, within ten days from receiving such Program, Specifications or documents, notify the Town Representative in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in GC - 3 GENERAL CONDITIONS such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Town Representative for interpretation before proceeding with the work. If the Contractor fails to make such references to the Town Representative, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Town Representative, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 6. TEMPORARY TOILET: The Contractor shall provide and maintain a sanitary temporary toilet. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon completion of the project the toilet shall be removed from the site. 7. PROPER METHOD OF WORK AND PROPER MATERIALS: Town Representative shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion. If at any time before the commencement or during the progress of the work the materials and equipment used or to be used appear to Town Representative as insufficient or improper for assuring the quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Town Representative to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure compliance with herbicide manufacture labels, permit specifications and work plan. All work shall be done in such a manner as will properly protect and support existing non-target plants and animals on site. 8. INSPECTION: Town Representative shall be authorized to inspect all work. Such inspections may extend to all parts of the work and to the materials to be used. In case of any dispute arising between the Contractor and Town Representative as to materials furnished or the manner of performing the work, the Town Representative shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by Town Representative. Town Representative shall not be authorized to revoke, alter, enlarge, relax or release any requirements, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. Town Representative shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which Town Representative may give the Contractor, shall in no way be construed as binding Town Representative nor the Owner in any way nor releasing the Contractor from the GC - 4 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that upon final completion of the work, the Contractor will be held responsible for the entire work until completed and accepted by Town Representative and the Owner. The Contractor shall, at all times, provide the Owners, Town Representative, assistants and inspectors under him with necessary facilities for determining that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all un-natural, Contractor caused damages to the project areas. The Contractor shall continuously and adequately protect the work/project sites under his/her control against damage from any un-natural cause. 9. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall be at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. 10. MAINTENANCE: Maintenance shall be performed in compliance with the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. 11. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 12. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Town Representative, then the Town Representative shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 13. WARNING SIGNS: Contractor shall provide and maintain proper warning signs alerting the public of the work being performed in the project area. 14. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, GC - 5 GENERAL CONDITIONS equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. 'The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 15. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save hannless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 16. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 17. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). 18. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Town Representative of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 19. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, GC - 6 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 20. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. GC - 7 Town of Southold "Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park" PROPOSAL PACKAGE BID OPENING: August 7, 2014 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package I of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. The General Conditions document is included only for informational purposes, a separate contract will be signed by the successful bidder after award. VENDOR NAME: Proposal Package 2 of 9 VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE ................................................................................. If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that 1 can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D. Number Proposal Package 6 of 9 THE PROPOSAL FORM Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Documents. If' the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE Proposal Package 8 of 9 DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2014 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Rudder, Lynda From: Reisenberg, Lloyd Sent: Friday, July 18, 2014 12:30 PM To: Rudder, Lynda Subject: RE: for publication Posted Hoyd H. Iteisenberg Network and Systems Administrator Town of Southold, New York www.southoldtownny.pov Iloydr@southoldtownny.pov (1): 631-765-1891 I M:631-879-1554 F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Friday, July 18, 2014 9:51 AM To: Terry, Mark; Doroski, Melanie; Spiro, Melissa; Beltz, Phillip; Cushman, John; Dinizio, James; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Legals (tdoubravaC-Otimesreview.com); Louisa Evans; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland Subject: for publication Please publish in the 7/24 edition of the Suffolk times and the Town website 1 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Friday, July 18, 2014 9:52 AM To: Rudder, Lynda Subject: Re: for publication This notice is set to publish in the 07/24 issue of the Suffolk Times. Have a great day! Cerria Torres Display Ad Coordinator Times Review Media Group 7785 Main Road, PO Box 1500 Mattituck, NY 11952 (631) 298-3200 xt 230 timesreview.com From: <Rudder>, Lynda <Ivnda.rudder@town.southold.nv.us> Date: Friday,July 18, 2014 9:51 AM To: "Terry, Mark" <mark.terry@town.southold.ny.us>, "Doroski, Melanie" <Melanie.Doroski@town.southold.ny.us>, "Spiro, Melissa" <Melissa.Spiro@town.southold.nv.us>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman, John" <John.Cushman@town.southold.ny.us>, "Dinizio,James" <iames.dinizio@town.southold.ny.us>, "Doherty,Jill" <iill.doherty@town.southold.ny.us>, "Finnegan, Martin" <martin.finnegan@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.nv.us>, "Kiely, Stephen" <stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <Ivnne.krauza@town.southold.ny.us>, Times Review<tdoubrava@timesreview.com>, Louisa Evans <lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Reisenberg, Lloyd" <Lloyd.ReisenbergCp@town.southold.ny.us>, "Russell, Scott" <Scott.Russell @town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michelletCa@town.southold.ny.us>, William Ruland <rulandfarm@yahoo.com> Subject: for publication Please publish in the 7/24 edition of the Suffolk times and the Town website 1 LEGAL NOTICE NOTICE TO BIDDERS Eradication of Invasive Species Control Program for Common Reed (Phragmite australis) at Sound View Dunes Park NOTICE IS HEREBY GIVEN,in accordance with the provisions of Section 103 of the General Municipal Law, the Town of Southold is seeking bids to eradicate the invasive plant reed (Phra-mites australis) from approximately 4.07 acres via the cut and drip and hand swiping methods using a glyphosate based herbicide approved for aquatic use. Two areas will be treated: Area 1 Inter-dunal Swale; a freshwater wetland with approximately 3.6 acres of moderate to high density of common reed plants and Area 2 Fire Pond; a freshwater pond and freshwater wetland where the common reed occupies .47 acres at moderate to high densities. Definite Specifications may be obtained at the Southold Town Clerk's Office beginning July 24, 2014. The sealed bids, together with a 5% Bid Security a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, P.O. Box 1179, 53095 Main Road, Southold, New York, until 2:00 PM, Thursday, August 7, 2014, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities 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 Phragmite Eradication", 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. The Town of Southold welcomes and encourages minority and women-owned business to participate in the bidding process. Dated: July 15, 2014 BY ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON July 24, 2014 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following_ Suffolk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town's Web Site Town Attorney Mark Terry o��g�FFO(�-co ELIZABETH A. NEVILLE,MMC �� G,j, Town Hall, 53095 Main Road TOWN CLERK C P.O. Box 1179 COD Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631) 765-6145 MARRIAGE OFFICER �� ��0�' Telephone(631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownn,y.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2014 Phragmite Eradication Bid Opening 7/10/14 2:00 P.M. One (1) bid received Price/acre Total Price Quintal Contracting Corp $89,680.58 $364,999.96 359 Main Street, Suite 113 Islip, NY 11751 Anthony Quintal AMIAIA Document A310TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Quintal Contracting, Corp of business) 359 Main Street Suite 1B Westchester Fire Insurance Company Islip,NY 11751 436 Walnut Street This document has important legal Philadelphia,PA 19106 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or Town of Southold modification. 53095 Main Road Any singular reference to Southold,NY 11971 Contractor,Surety,Owner or BOND AMOUNT: (5%)Five Percent of Amount Bid. other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Invasive Species Control Program for the Common Reed(Phragnites Australis)at Soundview Dunes Park,Peconic NY. The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof-,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Sign d and sealed 1his 1st day of July,2014 -y. Quintal Contr n C y G (Princip (Seal) (Wetness) (Title) Westchester ire In anc Com an (Surety) (Seal) (Witness) e Joseph M T tillo Attorney-In-Fact Init. AIA Document A310TM—2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved. 061110 y Power of WESTCHESTER FIRE INSURANCE COMPANY; Attorney Know ail men by these.presents:That WMC >E$TER FIRE INSURANCE.COMPANyi a corporation of the Commonwealth of Pennsylvania pursuant to the following Resolution,adopted'lay the Board:af Directors of the said Company on December 11,2006,:.to "RESOLVED,that the following authorizations relate to the a 6cution.for and on behalf of the Company,oft,onda,undertakings,recogmtances contracts and other written commitments of the Company entered into the ordinary coursedbusiness(each►'!whiten Committrime) (I) Each o£the Chairman;the President end}Ire Vico Presidents of rho Company is hereby authorized to ezecut¢any Written Commitptent:fot and on Whalf of the Company,under the seal of the Company or otherwise. (2) E►ch duly appointed atromey4ri-fact of the Company ip hereby autli4itzMt to exeFute any Written Commitment for and ou b¢haI£of the Company;under the seal.of th¢Company or otherwise to the extent that sych action is put horized by ilio grant of pkiveis provided for in suoIt persons written appointment as such attomeyin fact (3) Each of the Chid imen,th¢ resident and the Vice presidents ofths Compa fy is hereby authorized,for and on behalf of the Company,to appoint in wntinRany person the submey r-favi orthe Company vnth full:poworand authority to:oxeetite,for and.on behalf 6riho Company,undo the sea)of the Company or otherwise,such Writton 0urtrmttmems:of tho Company as may:be_'spoci£nd in such wotte i'. appointment;.tihich specification may:be.tiygenoral typo or clasp ofWritteo Comthhment3 or by specification of one or more panieuler Written Commitmama,...._ (4) Each ohli i Chairman,the President and.Vim Presidents of the Company in hereby authorized,for and on behalf of the Company:to.delegata in writing any other off cat of the Companythe authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as arospecified in such written delegation,which specification may be by general type orclass of Written Commitments or.by.sini4fication ofone or more particplar.Written Commitmaats (S) The sigastt+ra of any officer gl.other person executing'any Written Commitment-or appointment or delegation pursuant to this Resolut'iat+,end the�seal of rho Coinliany may tie affixed by faaumdeon such Written Comm tmencor written appointment or delegation FARTHER RESOLVED,that the foregoing Resolution shall not be:doemed to tee an occlusive statement of tho powers and authority.of ofticem emptoyeos and other persons:to act for:and on behalFof the Company,and such Resglurion shall not:limtt ar otherwise affap tlfstsxercise of:atty suSApowat9r authority otherwise validly grouted or vested Does hereby nominate,constitute and appoint Christopher Catera,Joseph M Tantilto;all of the City of MELVILLE,Now York,each individually if th.ere be more than one narned,.its true and:Iawful attomey-,in-fact,to make,execute,seal and deliver on its behalf,and as its act.and deed any and all bonds undertakings,recognizances, contracts art f other writings in:the naiur6ihereof m penal;res not exceeding Frve tai iflion do]I0s&'hero cents($3,000,000 Q0)and the execution of such writings in pursuance aftMese presents shall.lie as b' diflg ripen said Company,as fully and amply as iflhey had been duly executed and acknowledged'by the:regularly elected officers of the Company at itsprincipal office, IN WITNESS WHEREOF,the said!Stephen M Haney Vlce•President,has hereunto subscribed his name and affixedthe Corporate''seal of the said WESTCHESTER FIRE INSURANCE COMPANY this 23..d *of M sy.20.14: WESTCHESTER FIRE INSURANCE COMPANY `� . StepAat M 11stscy. Vim Pnesidwt COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ss. On this 23 day of May;AD.2014 before me,allotary Public of the Commonwealth of Pennsylvamain and for the County of Philadelphia came Stephen M, Haney,Vice-President of the WESTCHESTER FIRE CNSURANCR COIyiPANY to me personally known to be the individual and off car who executed the preceding instrument;and he acknowledged that he executed the same,'and that the i seat affixed to the preceding instrut ent is the corporate sea)of said Company,that the said corporate seal and hiss%gnature were duly affixed by.he authority Arid direction of the said corporation,and that Resolution;adopted:by the Board of Directors of said Company,referred to in the preceding ins tru net) is now in Race. 1N TESTIMONY WHEREOF,i have hereunto set my hand and affixed my official,seal at the City.of Philadelphia the day_and year first above written. ;yj'_ dit�s�} RJOo1MUfe'1M�At1XFf4ll�iM�Y1.YJWtA �a IPS '1r< ttiAElt MtiE w, ti ag ;y.eG ya$,t t:.atetMfilltitl 2 A V,xaryPtattflr z <.�- 1,the undersigned Assistant Secretary of the W ESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF ATTORNEY,of a which the foregoing is a substantially true and correct copy,is,in full force and effect. `tq a I In witness whereof,l have hereunto subscribed my name as Assistant Sec,rrtary,and affixed the corporate seal of the Corporation,this day of,�vD Z WillamL Kefry,,kzivAril g THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER May 23,2016. 0 Z 2 o c ' l♦ THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND ALTERATION. WESTCHESTER FIRE INSURANCE COMPANY-NAIC#10030 FINANCIAL STATEMENT DECEMBER 31,2013 ADMITTED ASSETS BONDS $1,774,825,880 SHORT-TERM INVESTMENTS 20,014,453 STOCKS 0 REAL ESTATE 0 CASH ON HAND AND IN BANK 28,898,475 PREMIUM IN COURSE OF COLLECTION' 73,348,856 INTEREST ACC RUED 16,193,041 OTHER ASSETS 142,805,499 TOTAL ASSETS $2,056,086,204 LIABILITIES RESERVE FOR UNEARNED PREMIUMS $162,490,379 RESERVE FOR LOSSES 1,003,690,742 RESERVE FOR TAXES 2,386,131 FUNDS HELD UNDER REINSURANCE TREATIES 2,053,210 OTHER LIABILITIES (21,105,132) TOTAL LIABILITIES 1,149,515,330 CAPITAL: 70,000 SHARES,$71.43 PAR VALUE 5,000,100 CAPITAL: PAID IN 295,331,592 AGGREGATE WRITE-INS FOR SPECIAL SURPLUS FUNDS 115,190,473 SURPLUS(UNASSIGNED) 491,048,709 SURPLUS TO POLICYHOLDERS 906,570,874 TOTAL $2,056,086,204 (-EXCLUDES PREMIUM MORE THAN 90 DAYS DUE.) STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John P.Taylor, being duly sworn,says that he is Senior Vice President of Westchester Fire Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December,2013. f i Sworn before m this Senior V' a President Notary Public / My Eomission expires COMMONWEALTH OF PENNSYLVANIA Notarial Seal Olane Wright,Notary Public City of Philadelphia,Philadelphia County P Commission Expires Aug.8,2015 KNAER,PENNSYLVANIA ASSOC AMON OP NOTARIES N State of l ss. c County of ) 0 E v w a On this day of 20_ ,before me personally came to be known, = Y and known to me to be the individual described in and who executed the foregoing Instrument,and acknowledged to me that he executed the Q same. My commission expires Notary Public ------------------------------------------------------------------- State of ss. a County of d E d a On this day of 20_ , before me personally came F � LL ; o to be known to me Y V a to be a member of the firm of described in and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My corrunission expires ———————Notary Pubic — — --------------- State of Ss. W County of o E 0 On is day of_ �✓�! 20�before me personally came Ly 4 CL ° Lr'G1 to be known to me 0 G who being by me duly sworn did depose and saythathe is the X( Of /r/ e� the corporation described in and which executed the above In ument that he knows the seal of said corporation;the the seal affixed to said Instrument is such corporate sem���t m �{�xed by order of the Board of Directors of said corporation,and that he signed his name thereto b like order. Notary Pub Public, t3Nt W Y Nota Public,State of New York No.01BA6226771 Qualified in Nassau County My conunission expires 14 Notary Public State of New York y County of Suffolk ss. I: � � i•-- 1 On this day of 20 14 , before me personally came d v No, Joseph M Tantillo to be known,who,being by me duty sworn,did depose and say that c Y Q he is attorney-in-fact of Westchester Fire Insurance Company the corporation described in and which executed the above instrument;that he knows the corporate seal of said corporation;that the seal affixed to the within instrument is such corporate seal,and that he signed the said Instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. Christopher P Catera Notary Public,State of New York No.01CA6176842, Suffolk County/ Commission Expires,Nov 5,20a-i( My commission expires -- FORM# 13 Notary Public Town of Southold Request for Proposals Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park Peconic, New York 11958 June 11, 2014 Coll F ZZ Colo Contact Information Mark Terry, Principal Planner Phone: 631-765-1938 Request for Proposals Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park Peconic, New York 11958 June 11, 2014 1. Project Sponsors: Suffolk County Town of Southold New York Department of State EPF 2. Project Location: Sound View Dunes Park (herein referred to as "site") Soundview Avenue, Peconic,New York 11958 3. Requirements Contract: The Contractor will be required to enter into a Contract with the Town of Southold. Insurance: An insurance rider listing the Town of Southold as an additional insured entity with coverage of a minimum of$1,000,000 is required. NYS License, Insurance and Bonding: The Contractor shall be licensed, insured and bonded. 4. Project Overview: The purpose of this project is to eradicate the invasive plant common reed (Phragmites australis) from two areas containing approximately 4.07 acres of a highly sensitive freshwater wetlands and maritime dune system located on the site. Treatment will be via the cut and drip and hand swiping methods. Area 1 Inter-dunal Swale - This site contains a sensitive freshwater wetland system that is situated between the maritime dunes closest to Long Island Sound. Portions of the area are being invaded by common reed growing at low to high densities throughout the area. The treatment area is approximately 3.6 acres. Area 2 Fire Pond - "Phis area includes a freshwater pond known as the "Tire Pond" and a wetland area west of the access road. In this area the common reed plants occur at moderate to high densities. The treatment area is approximately .47 acres. See site maps in Exhibits A and B. 3. Project Scope: This goal of this project is to eradicate and control the invasive species common reed from a Town/Suffolk County owned environmentally sensitive site. Treatment shall be via the cut-drip and hand swiping methods using a glyphosate based aquatic approved herbicide. The "hown realizes that the herbicide application methods are conservative however they were selected due to the environmental sensitivity of the site. The site includes a maritime inter-dunal Swale wetland system recognized by the Town of Southold and New York State as a globally rare community. All precautions to prevent, herbicide spills, overspray and otherwise injury and or death to non-target species shall be taken. 4. Site Access The contractor and its employees shall have the required access to the job site in order for the described work to be accomplished. Specifically, vehicles will be able to access the Park's beach trail to access the treatment site. Access to all sites within the wetland (project area) shall be entirely by foot. No vehicles shall be permitted on any other trail. No vegetation within 100 feet of the wetland removed. 5. Project Timing: All herbicide work shall be completed by October 31, 2015 pursuant to NYSDEC permit (1-4738- 04110/00001) conditions. 6. Project Workplan: Task 1. Permits/Certifications The work is being performed under the NYSDEC permit (1-4738-04110/00001). A waiver from the Suffolk County Pesticide Phase Out Citizens Advisory Committee NYSDOS Coastal Consistency Concurrence Southold Town Trustees Approval Letter The Contractor shall obtain coverage under the State Pollutant Discharge Elimination System (SPDES) Pesticide General Permit (Permit No. GP-0-11-001) for this project. The Contractor must adhere to the conditions of the all permits/approvals and is responsible for all coordination with NYSDEC and any other involved agencies. The Contractor must have a valid NYSDEC pesticide applicator license for Category 5A (Aquatic Vegetation Control). Task 2. On-site Meeting and Treatment Area Delineation (June 2014) The Contractor shall participate in an on-site coordination meeting to be held on June 18, 2014 at 3:00 PM on site. The purpose of the meeting will be to review the scope of the project, specifically treatment methods and to inspect the areas that will be treated. The Contractor shall delineate the limit of the project areas with coordinating with representatives from the Town of Southold Planning and Land Preservation Departments. Limits of areas to be treated shall be clearly marked with flagging tape and/or stakes. Task 3. First Cut, Bundle and Removal (July/August 2014) The Contractor shall manually cut and bundle thatch (old growth) for on-site or off-site disposal (depending on location). Stalks of live plants are to be cut leaving a portion of the stalk for the application of herbicide. Where feasible, the cut Phragmites shall be bundled, dragged to the beach trail and loaded for transfer to the Town of Southold landfill. Otherwise cut plants shall be piled in a pre-designated area located greater than 100' from the project area. Products: Photographic documentation of work being performed and completed Task 4. First Herbicide Application (August 2014) The Contractor shall use a glyphosate based herbicide approved for aquatic use. The percent of herbicide applied to plants shall be effective in resulting in the 100 percent death of the plants after a three year period. For large stalks, the cut-drip method will be used. Stalks shall be hand cut using clippers. Herbicide shall be applied at a 50% solution by dripping down the center of each stalk via a syringe of squirt bottle. A 50% solution of glyphosate equates to a one to one mix with distilled water. Herbicide shall not be applied if rain is forecasted within 12 hours because herbicide will be washed away before it can act. Plants too small for the cut and drip methods shall be hand-swiped with a cotton glove dipped in 33% solution of glyphosate herbicide. The cotton wicking glove shall be worn over a chemical resistant glove. These treatment methods minimizes negative effects on non-target species and provides a high probability that the herbicide will be translocated from the plant stalk to the below ground rhizomes. Products: Photographic documentation of work being performed and completed Task 5. Second Cut, Bundle and Removal of Thatch (February/March 2015) Stalks treated in August of 2014 shall be cut, bundled and removed from the project area. Products: Photographic documentation of work being performed and completed Task 6. Second Herbicide Application (August 201.5) A second application of herbicide using the methods described above may be necessary to treat plants that were not killed during the first herbicide application. Products: Photographic documentation of work being performed and completed Task 7. Follow-up Tasks (February/March/July 2016) In February and March of 2016 the contractor shall cut, rake and dispose of dead thatch. In July of 2016 the contractor shall cut and/or hand-pull and dispose of stalks of new plants. All plants shall be disposed of at a pre-designated location equal to or greater than 100 feet from the wetlands. Task 8. Measurable Results The Contactor shall guarantee the death of 100 percent of common reed plants within the delineated project area at the completion of the project. Project Tasks and Timetable Tasks 2, 3 and 4 Tasks 5 Task 6 Task 7 Task 7 August 2014 February—March July/August 2015 Feb/March 2016 July 2016 2015 Cut, bundle remove Cut;bundle, rake, Cut, bundle Cut, rake, remove Cut and hand pull diad thatch/new remove dead thatch remove new dead thatch new plants growth growth stalks First application of Second application herbicide of herbicide to treat new growth Monitor Monitor Monitor effectiveness of effectiveness of effectiveness of program program program — (By Town)__ -- -- (By Town) — — — (By Town) L'rlllUllS Exhibit A -- Site map showing approximate boundaries of Phragmites australis infestation Exhibit B — Aerial from Google Maps (2012) • k r y, Phragmites australis delineation > '= Town of Southolffreshwater.Wetlands Map CD : T`4"Forest rail (appxox 4;920 ft/093 mi) a ��� • �. tread width:.3 ft;clea iing'w dth �S�ft; clearing height 8 ft o 4V �e ` t`p_y //y^.'v�+ .1�. �jy ♦ awl f !Ex l Cn ea 1 — Inter-dunal Swale t7 ' 0 150 300 . feet rea 2 - Fire Pond o' 004 aerial 1 ap prepared by Laura Klahre, April 2012 1 Exhibit B —Aerial from Google Maps (2012) with trail system superimposed (scale located in center of map) v. .r rt • F_ $ i P 0 1� 1 3"1 h i bS w Town of Southold "Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park" PROPOSAL PACKAGE BID OPENING: July 10, 2014 REMINDER NOTE!! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. Notarized Affidavit of Non-Collusion as required by NYS Law. A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Assumed Name Certification. ❑ Bidder's Qualification Statement. The General Conditions document is included only for informational purposes, a separate contract will be signed by the successful bidder after award. VENDOR NAME: Proposal Package 2 of 9 VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: d e ? OR SOCIAL SECURITY #: / DATE OF ORGANIZATION: 3' A/- ge"( � IF APPLICABLE: DATE FILED: `l l STATE FILED: If a non-publicly owned Corporacion: CORPORATION NAME: �/i4�I � LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME T�j TLE CXvi� l� P1 AVWU ................................................................................. If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: ADDRESS RECORD FORM Proposal Package 3 of 9 MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: Cl/ ��c �.✓� TELEPHONE: 6 FAX: E-MAIL: 1'1`60XI II �, 1,7 Ltio ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: VENDOR NAME: �'i Proposal Package 4 of 9 ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SH QUAL Y BIDDER. AUT I SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The pe n i nin is bid, and r the penalties of perjury, affirms the truth thereof. .-r SWORN TO BEFORE ME THIS Signature Com y Position x, DAY OF 201 q Type Name&Co any Position Company Name N TA Y PUBLIC r `If V.' / KATHY BARTOW lic.State of New York Date Signed -- NO ryNob01BA6226771 in Nassau ----�` d 14 7/S- L ified Term Qua(Expires August 16.2014 3 Federal I.D. Number Proposal Package 6 of 9 THE PROPOSAL FORM Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park VENDOR NAME: /, 1.1 .4� //47 44'-% VENDOR ADDRESS: cJ )74� &e Jc% -le // TELEPHONE NUMBER ( )� >� �� FAX: The undersigned bidder has carefully examined the Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Documents. If the bidder is an individual, the bid must: be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) -ZLr,(J. The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 dA ,e7 ��"C,/� ; ,�-� 6���� �,/C=�� Ian � �% � ,����'l 70 f��� J � �� AUTHORIZED SIGNATURE PRINT NAME A44 TITLE Proposal Package 8 of 9 DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF JA-,/ " ss.: On the day of. f� in the year 2014 before me, the undersigned, personally appeared, 17 � 4 , personally known to me or proved to me on the basis of satisfactory evidencd to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ,i N A PUBLIC KATHY BARTOW Notary Public,state of New York Nq o1BM26771 Qualified in Nassau County Term Expires August 16,2014 w Proposal Package 9 of 9 Corporate Resolution of: QUINTAL CONTRACTING CORP. We, the undersigned, being all the directors of this corporation consent and agree that the following corporate resolution was made On July 7, 2014 At 11:30 AM At 359 MAIN STREET, SUITE 1B, ISLIP, NY 11751 We do hereby consent to the adoption of the following as if it was adopted at a regularly called meeting of the board of directors of this corporation. In accordance with state law and the bylaws of this corporation, by unanimous consent, the board of directors decided that: Quintal Contracting Corp. will submit a bid to the TOWN OF SOUTHOLD FOR "INVASIVE SPECIES CONTROL PROGRAM FOR THE COMMON REED (PHRAGMITES AUSTRALIS)AT SOUND VIEW DUNES PARK, PECONIC, NEW YORK 11958." Therefore, it is resolved, that the corporation shall: Submit said bid to THE TOWN OF SOUTHOLD which shall be due JULY 10 2014 at 2PM in the AFTERNOON. The officers of this corporation are authorized to perform the acts to carry out this corporate resolution. Anthony Quintal 7-7-2014 Presi en ce president's signature Printed name Date mom`( Madeline Quintal 7-7-2014 Secretary/treasurer's signature Printed name Date The Secretary of the Corporation, certifies that the above is a true and correct copy of the resolution that was duly adopted at a meeting of the dated meeting of the board of directors. C���G� 7-7-2014 Signature of Secretary Date Madeline Quintal Printed name of Secretary Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Manufactured Materials 3. Permits 4. Program and Specifications 5 . Errors, Omissions and Discrepancies 6. Temporary Toilet 7. Proper Method of Work and Proper Materials 8. Inspection 9. Machinery and Equipment 10. Maintenance 11. Schedule of Operations 12. Notice of Warning 13. Warning Signs 14. Accident Prevention 15. Damages 16. No Damages for Delay 17. Record Keeping 18. Subcontractors and Suppliers NOTE THAT THE CONTRACT WILL INCLUDE ADDITIONAL STANDARD CONTRACTUAL CLAUSES Minority/Women Owned businesses are encouraged to apply. GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the it is understood that they have the meaning defined below: PROGRAM: NYSDEC approved Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of perfonning the work and/or to the quantities and quality of materials to be furnished and accepted under the Program and Contract. OWNER: Shall mean Town Board, Town of Southold. TOWN REPRESENTATIVE: the duly authorized representative to represent the Owner in the execution of the work covered by the contractor/consultants and assistants engaged by the Owner and the Town Representative to the extent of the particular duties entrusted to them. Town Representative are assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract CONTRACT: Collectively, the contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, General Conditions, Addenda, Performance Bonds, and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of the Contract. 2. MANUFACTURED MATERIALS: Where several materials are specified by name, the Town Representative shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Town Representative is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Town 'Representative's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference GC - 2 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS is made to manufacturer's directions, the Contractor shall submit such directions to the Town Representative as required. 3. PERMITS: All work shall be compliant with the following: NYSDEC permit (1-4738-04110/00001) The waiver from the Suffolk County Pesticide Phase Out Citizens Advisory Committee The Contractor shall obtain coverage under the State Pollutant Discharge Elimination System (SPDES) Pesticide General Permit (Permit No. GP-0-11-001) for this project. The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the Contract. 4. PROGRAM AND SPECIFICATIONS: The Contractor shall perform work as described in the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park work plan. All materials and workmanship must be strictly in accordance with the work plan and regulatory permits. Additional copies of the Program, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. 5. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the Program, Specifications or other documents, the Contractor shall, within ten days from receiving such Program, Specifications or documents, notify the Town Representative in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in GC - 3 GENERAL CONDITIONS such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Town Representative for interpretation before proceeding with the work. If the Contractor fails to make such references to the Town Representative, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Town Representative, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 6. TEMPORARY TOILET: The Contractor shall provide and maintain a sanitary temporary toilet. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon completion of the project the toilet shall be removed from the site. 7. PROPER METHOD OF WORK AND PROPER MATERIALS: Town Representative shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion. If at any time before the commencement or during the progress of the work the materials and equipment used or to be used appear to Town Representative as insufficient or improper for assuring the quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Town Representative to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure compliance with herbicide manufacture labels, permit specifications and work plan. All work shall be done in such a manner as will properly protect and support existing non-target plants and animals on site. 8. INSPECTION: Town Representative shall be authorized to inspect all work. Such inspections may extend to all parts of the work and to the materials to be used. In case of any dispute arising between the Contractor and Town Representative as to materials furnished or the manner of performing the work, the Town Representative shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by Town Representative. Town Representative shall not be authorized to revoke, alter, enlarge, relax or release any requirements, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. Town Representative shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which 'Town Representative may give the Contractor, shall in no way be construed as GC - 4 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS binding Town Representative nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that upon final completion of the work, the Contractor will be held responsible for the entire work until completed and accepted by Town Representative and the Owner. The Contractor shall, at all times, provide the Owners, Town Representative, assistants and inspectors under him with necessary facilities for determining that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all un-natural, Contractor caused damages to the project areas. The Contractor shall continuously and adequately protect the work/project sites under his/her control against damage from any un-natural cause. 9. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall be at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. 10. MAINTENANCE: Maintenance shall be performed in compliance with the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. 11. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 12. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Town Representative, then the Town Representative shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 13. WARNING SIGNS: Contractor shall provide and maintain proper warning signs alerting the public of the work being performed in the project area. 14. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety GC - 5 GENERAL CONDITIONS provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 15. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 16. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 17. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). 18. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Town Representative of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. GC - 6 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS 19. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 20. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. GC - 7 L CIQ �M 3 ANTHONY 63 66550429UINTAL 0.1 LBS LTR 1 OF 1 QUINTAL CONTRACTING CORP. rD 359 MAIN STREET < ISLIP NY 11751 0 SHIP TO: CLERK ~�. 631-765-1800 TOWN OF SOUI'HOLD 53095 ROUTE 25 SOUTHOLD NY 11971-4642 I� CD C. . �".... NY 117 0-08 ' r i' • f� O 1. r El UPS NEXT DAY AIR �f CD 1 TRACKING #: 1Z 43R 179 Ol 9518 8400 sv b a. 0 BILLING:P/P Sv fI rD D R. rD UIS 16.5,29. WNINV5051.OA 04/2014 ®7M to 53D*ofS�uT/f, 5 80* 10 5 � SouT H�(�Ny 11,97, P, 4842 33C, coosus aeJ Jt9g HNp 1gUf115 9'1 2Fe�� ]n._ Southold Town Board - Letter Board Meeting of June 17, 2014 RESOLUTION 2014-535 Item 4 5.17 ADOPTED DOC ID: 9885 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-535 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 17, 2014: RESOLVED that the Town Board of the Town of Southold hereby authorized and directed the Town Clerk to advertise for bids for the Eradication of Phragmite at Sound View Dunes Park. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated June 20, 2014 Page 28 #11742 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 12th day of June, 2014. Principal Clerk I Sworn to before me this day of } '2014. LEGAL NOTICE NOTICE TO BIDDERS Eradication of Invasive Species Control } f' Program for Common Reed 6 (Phragmite australls)at Sound View Dune ISTINA VOLINSKI NOTICE IS HEREBY GIVEN,in ac- NOTARY PUBLIC-STATE OF NEW YORK cordance with the provisions of Section 103 of the General Municipal Law, the No. 01V06105050 Town of Southold is MCft bids to eraffl- Qualified in Suffolk County tate the invasive plant reed(phrramires aush2b) from approximately 4.07 acres MY Commission Expires February 28, 2016 via the cut and drip and hand swiping methods using a glyphosate based herbi- cide approved for aquatic use. Two areas will be treated: Area 1 Inter-dunal Swale; a freshwater wetland with approximately 3.6 acres of moderate to high density of common reed plants and Area 2 Fire Pond; a freshwater pond and freshwater wetland where the common reed occupies.47 acres at moderate to high densities.A nonman- datory pre-bidders conference will be held at 3:00 PM on June 26,2014 at Sound View Dunes Park,Soundview Avenue,Peconic, New York.Definite Specifications maybe obtained at the Southold Town Clerk's Of- fice beginning dune 12.2014. The sealed bids, together with a 5% Bid Security a Non-Collusive Bid Cer- tificate will be received by the Town Clerk of the Town of Southold,at the Southold Town Hall, P.O. Box 1179, 53095 Main Road,Southold,New York,until 2:00 PM Thuoft h-ly 10 2014 at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities in any bid should it be deemed in the best inter- est of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Phragmite Eradication",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. The Town of Southold welcomes and en- courages minority and women-owned busi- ness to participate in the bidding process. Dated:June 9,2014 BY ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk 11742-1T 6/12 ELIZABETH A. NEVILLEn Town Hall, 53095 Main Road TOWN CLERK ` P.O. Box 1179 REGISTRAR OF VITAL STATISTICS �� 4 Southold, New York 11971 MARRIAGE OFFICER r - Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: Bid Services From: Linda Cooper, Deputy Town Clerk Dated: June 10, 2014 Re: Bid notices Number of Pages (including cover): 2 If total transmittal is not received, please call 631-765-1800. COMMENTS: Bid specs will be available Thursday, June 12, 2014 15/11 '13 FRI 14:43 FAX 631 765 6145 SOUTHOLD TOWN CLERK Z001 MULTI TX/RX REPORT xc� �*sk�sk�*�*�*sk%ksk%ksk%kW�k�sk:�sk&sk%ksk*�k�: TX/RX NO 3085 INCOMPLETE TX/RX [ 50] TRANSACTION OK 02118775588282 MCGRAW HILL [* 51118005243329 Burrelle's Info [ 52118882329941 Data Construct [ 53]18007685594 Dodge Reports [ 54]18009620544 Construct Info ERROR ELIZABETH A.NEVILLE TOWN CLERIC "2 (°_. "^k ''� Town Hall,53495 Main Road P.O. Box 1179 REGISTRAR OF VITAL STATISTIC, x x:`1 ,s.• A Southold, New York 11971 MARRIAGE OFFICER x'� , �w: Fax (631) 765-6145 RECORDS MANAGE MF,NT OFFICER :r Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICFFR OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: Bid Services From: Linda Cooper, Deputy Town Clerk Dxtcd: June 10,2014 Re. Bid notices Number of Pages (including cover): 2 If total transmittal is not received, please call 631765-1800. COMMENTS: Bid specs will be available Thursday, June 12, 2014 Cooper, Linda From: Reisenberg, Lloyd Sent: Tuesday, June 10, 2014 2:16 PM To: Cooper, Linda Subject: RE: Legal Notice to Bidders Posted lJoyd H. Reisenberg Network and Systems Administrator Town of Southold, New York www.south oldtownny.gov lloydr@southoldtownny.qov 0: 631-765-1891 1 M:631-879-1554 I F: 631-765-5178 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Cooper, Linda Sent: Monday, June 09, 2014 1:21 PM To: Reisenberg, Lloyd Subject: Legal Notice to Bidders Please post whenever you get a chance. No rush Thanks _�2"- / Deputy Town Clerk Town of Southold 631-765-1800 76 w4,d ffw`ei yle¢t#c"you maa#ur k4eue you cau. 1 Cooper, Linda From: legals <legals@timesreview.com> Sent: Monday, June 09, 2014 2:19 PM To: Cooper, Linda Subject: Re: Legal notice = phragmite removal 7-10-14 Thanks, Linda We are good to go on this notice for the 6/12 issue. Have a great week! Candice From: <Cooper>, Linda <Linda.Cooper@town.southold.ny.us> Date: Monday,June 9, 2014 1:10 PM To:Times Review<legals@timesreview.com> Subject: Legal notice = phragmite removal 7-10-14 Good afternoon on a very rainy day, Please confirm receipt of this Legal Notice to Bidders for the June 12 edition of the Suffolk Times. Thanks and try to have a good day. Deputy Town Clerk Town of Southold 631-765-1800 76 w4d tle&94ea Aral¢ you waa#W deeeue you c", i ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK = . P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER yr Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL To: Bid Services From: Linda Cooper, Deputy Town Clerk Dated: June 9, 2014 Re: Bid notices Number of Pages (including cover): 2 If total transmittal is not received, please call 631-765-1800. COMMENTS: Bid specs will be available Thursday, June 12, 2014 Cooper, Linda From: Spiro, Melissa Sent: Monday, June 09, 2014 12:42 PM To: Cooper, Linda Cc: Terry, Mark Subject: RE: phragmite removal 7-10-14 Legal Notice Very pushy for a retiring person!!!! ( Not too familiar with these, so not exactly sure what to look for; however, looks good to me. From: Cooper, Linda Sent: Monday, June 09, 2014 12:28 PM To: Spiro, Melissa Subject: phragmite removal 7-10-14 Legal Notice I don't know if Mark has sent this to you yet but he said he wanted you to review it before I sent it to the newspaper. Since there is a time constraint for Legals I would appreciate it you could look it over sooner rather than later. O Thanks! o2"/ Deputy Town Clerk Town of Southold 631-765-1800 ?a wad t le k 4wr Item Vo"waa#W kewwe Vm ease. i LEGAL NOTICE NOTICE TO BIDDERS Eradication of Invasive Species Control Program for Common Reed (Phragmite australis) at Sound View Dunes Park NOTICE IS HEREBY GIVEN,in accordance with the provisions of Section 103 of the General Municipal Law, the Town of Southold is seeking bids to eradicate the invasive plant reed (Phrammites australis) from approximately 4.07 acres via the cut and drip and hand swiping methods using a glyphosate based herbicide approved for aquatic use. Two areas will be treated: Area 1 Inter-dunal Swale; a freshwater wetland with approximately 3.6 acres of moderate to high density of common reed plants and Area 2 Fire Pond; a freshwater pond and freshwater wetland where the common reed occupies .47 acres at moderate to high densities. A non-mandatory pre-bidders conference will be held at 3:00 PM on June 26, 2014 at Sound View Dunes Park, Soundview Avenue, Peconic, New York. Definite Specifications may be obtained at the Southold Town Clerk's Office beginning June 12, 2014. The sealed bids, together with a 5% Bid Security a Non-Collusive Bid Certificate will be received by the Town Clerk of the Town of Southold, at the Southold Town Hall, P.O. Box 1 l 79, 53095 Main Road, Southold, New York, until 2:00 PM, Thursday, July 10, 2014, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informalities 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 Phragmite Eradication", 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. The Town of Southold welcomes and encourages minority and women-owned business to participate in the bidding process. Dated: June 9, 2014 BY ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville Southold Town Clerk PLEASE PUBLISH ON June 12, 2014 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following_ Suffolk Times Town Board Members Land Preservation Town Clerk's Bulletin Board Town's Web Site Town Attorney Mark Terry Cooper, Linda From: Terry, Mark Sent: Monday, June 09, 2014 9:44 AM To: Cooper, Linda Subject: Invitation to Bid Sound View Park.doc Attachments: Invitation to Bid Sound View Park.doc Linda, Attached is a Bid notice for Invasive Species Control Program for Common Reed (Phragmite australis)at Sound View Dunes Park. I have drafted a project description. I am finalizing the bid specifications and can have them to you by Wednesday. Call me with questions. Thanks Mark Terry Principal Planner LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 1 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1938 / FAX: 631-765-1939 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "Invasive Species Control Program for Phragmite australis at Sound View Dunes Park" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 12, 2014 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 10, 2014 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: Mark Terry, Principal Planner Town of Southold, 631-765-1938 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE, PRINT ON THE FACE OF ENVELOPE: 1) NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Request for Proposals, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 3:OOPM on June,,.23,'2014 at Sound View Dunes Park,Soundview A venue in Peconic. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. This project is made possible by a New York State Environmental Protection Fund Grant. INSTRUCTIONS FOR BID 1. Submit costs for each task and sub-task separately to the extent feasible. Tasks 2,3 and 4 Tasks 5 Task 6 Task 7 Task 7 August 2014 February—March July/August 2015 Feb/March 2016 July 2016 2015 Cut, bundle remove Cut, bundle, rake, Cut, bundle Cut, rake, remove Cut and hand pull dead thatch/new remove dead thatch remove new dead thatch new plants growth growth stalks First application of Second application herbicide of herbicide to treat new growth Minority/Women Owned businesses are encouraged to apply. Project Description Invasive Species Control Program for Common Reed (Phragmite australis) at Sound View Dunes Park The Town of Southold is ...........to eradicate the invasive plant common reed (Phragmites australis) from approximately 4.07 acres via the cut and drip and hand swiping methods using a glyphosate based herbicide approved for aquatic use. Two areas will be treated: Area 1 Inter-dunal Swale; a freshwater wetland with approximately 3.6 acres of moderate to high density of common reed plants and Area 2 Fire Pond; a freshwater pond and freshwater wetland where the common reed occupies .47 acres at moderate to high densities. Cooper, Linda From: Terry, Mark Sent: Monday, June 09, 2014 11:07 AM To: Cooper, Linda Subject: FW: Linda, Attached is the approval to advertise for bid. From: Russell, Scott Sent: Friday, June 06, 2014 10:39 AM To: Terry, Mark Cc: Rudder, Lynda Subject: Go ahead and advertise.The board signed off on it. i 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 /0"' day of ja/u, , 2014, 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, 53095 Main Road, Southold, New York. Re: Phragmite removal Elizabeth A. ev lle Southold Town Clerk Sworn before m this 10 day of vh-'— , 2014. T46Y� tary Public LYNDA M. RUDDER Notary Public, State of New York No. 01 RU6020932 Qualified in Suffolk County Commission Expires March 8,201'5 Town of Southold Request for Proposals Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park Peconic, New York 11958 June 11, 2014 F nt Ar coo Pry Contact Information Mark Terry, Principal Planner Phone: 631-765-1938 Request for Proposals Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park Peconic, New York 11958 June 11, 2014 1. Project Sponsors: Suffolk County Town of Southold New York Department of State EPF 2. Project Location: Sound View Dunes Park (herein referred to as "site") Soundview Avenue, Peconic, New York 11958 3. Requirements Contract: The Contractor will be required to enter into a Contract with the "Down of Southold. Insurance: An insurance rider listing the Town of Southold as an additional insured entity with coverage of a minimum of$1,000,000 is required. NYS License, Insurance and Bonding: The Contractor shall be licensed, insured and bonded. 4. Project Overview: The purpose of this project is to eradicate the invasive plant common reed (Phragmites australis) from two areas containing approximately 4.07 acres of a highly sensitive freshwater wetlands and maritime dune system located on the site. Treatment will be via the cut and drip and hand swiping methods. Area 1 Inter-dunal Swale - This site contains a sensitive freshwater wetland system that is situated between the maritime dunes closest to Long Island Sound. Portions of the area are being invaded by common reed growing at low to high densities throughout the area. The treatment area is approximately 3.6 acres. Area 2 Fire Pond - This area includes a freshwater pond known as the "Fire Pond" and a wetland area west of the access road. In this area the common reed plants occur at moderate to high densities. The treatment area is approximately .47 acres. See site maps in Exhibits A and B. 3. Project Scope: This goal of this project is to eradicate and control the invasive species common reed from a Town/Suffolk County owned environmentally sensitive site. Treatment shall be via the cut-drip and hand swiping methods using a glyphosate based aquatic approved herbicide. The Town realizes that the herbicide application methods are conservative however they were selected due to the environmental sensitivity of the site. The site includes a maritime inter-dunal swale wetland system recognized by the Town of Southold and New York State as a globally rare community. All precautions to prevent, herbicide spills, overspray and otherwise injury and or death to non-target species shall be taken. 4. Site Access The contractor and its employees shall have the required access to the job site in order for the described work to be accomplished. Specifically, vehicles will be able to access the Park's beach trail to access the treatment site. Access to all sites within the wetland (project area) shall be entirely by foot. No vehicles shall be permitted on any other trail. No vegetation within 100 feet of the wetland removed. 5. Project Timing: All herbicide work shall be completed by October 31, 2015 pursuant to NYSDEC permit (1-4738- 04110/00001) conditions. 6. Project Workplan: Task 1. Permits/Certifications The work is being performed under the NYSDEC permit (1-4738-04110/00001). A waiver from the Suffolk County Pesticide Phase Out Citizens Advisory Committee NYSDOS Coastal Consistency Concurrence Southold Town Trustees Approval Letter The Contractor shall obtain coverage under the State Pollutant Discharge Elimination System (SPDES) Pesticide General Permit (Permit No. GP-0-11-001) for this project. The Contractor must adhere to the conditions of the all permits/approvals and is responsible for all coordination with NYSDEC and any other involved agencies. The Contractor must have a valid NYSDEC pesticide applicator license for Category 5A (Aquatic Vegetation Control). Task 2. On-site Meeting and Treatment Area Delineation (June 2014) The Contractor shall participate in an on-site coordination meeting to be held on June 18, 2014 at 3:00 PM on site. The purpose of the meeting will be to review the scope of the project, specifically treatment methods and to inspect the areas that will be treated. The Contractor shall delineate the limit of the project areas with coordinating with representatives from the Town of Southold Planning and Land Preservation Departments. Limits of areas to be treated shall be clearly marked with flagging tape and/or stakes. Task 3. First Cut, Bundle and Removal (July/August 2014) The Contractor shall manually cut and bundle thatch (old growth) for on-site or off-site disposal (depending on location). Stalks of live plants are to be cut leaving a portion of the stalk for the application of herbicide. Where feasible, the cut Phragmites shall be bundled, dragged to the beach trail and loaded for transfer to the Town of Southold landfill. Otherwise cut plants shall be piled in a pre-designated area located greater than 100' from the project area. Products: Photographic documentation of work being performed and completed Task 4. First Herbicide Application (August 2014) The Contractor shall use a glyphosate based herbicide approved for aquatic use. The percent of herbicide applied to plants shall be effective in resulting in the 100 percent death of the plants after a three year period. For large stalks, the cut-drip method will be used. Stalks shall be hand cut using clippers. Herbicide shall be applied at a 50% solution by dripping down the center of each stalk via a syringe of squirt bottle. A 50% solution of glyphosate equates to a one to one mix with distilled water. Herbicide shall not be applied if rain is forecasted within 12 hours because herbicide will be washed away before it can act. Plants too small for the cut and drip methods shall be hand-swiped with a cotton glove dipped in 33% solution of glyphosate herbicide. The cotton wicking glove shall be worn over a chemical resistant glove. These treatment methods minimizes negative effects on non-target species and provides a high probability that the herbicide will be translocated from the plant stalk to the below ground rhizomes. Products: Photographic documentation of work being performed and completed Task 5. Second Cut, Bundle and Removal of Thatch (February/March 2015) Stalks treated in August of 2014 shall be cut, bundled and removed from the project area. Products: Photographic documentation of work being performed and completed Task 6. Second Herbicide Application (August 2015) A second application of herbicide using the methods described above may be necessary to treat plants that were not killed during the first herbicide application. Products: Photographic documentation of work being performed and completed Task 7. Follow-up Tasks (February/March/July 2016) In February and March of 2016 the contractor shall cut, rake and dispose of dead thatch. In July of 2016 the contractor shall cut and/or hand-pull and dispose of stalks of new plants. All plants shall be disposed of at a pre-designated location equal to or greater than 100 feet from the wetlands. Task 8. Measurable Results The Contactor shall guarantee the death of 100 percent of common reed plants within the delineated project area at the completion of the project. Project Tasks and Timetable Tasks 2, 3 and 4 Tasks 5 Task 6 Task 7 Task 7 August 2014 February—March July/August 2015 Feb/March 2016 July 2016 2015 Cut, bundle remove Cut, bundle, rake, Cut, bundle Cut, rake, remove Cut and hand pull dead thatch/new remove dead thatch remove new dead thatch new plants growth growth stalks First application of Second application herbicide of herbicide to treat new growth Monitor Monitor Monitor effectiveness of effectiveness of effectiveness of program program program (By Town) (B Town) (By Town) Exhibits Exhibit A— Site map showing approximate boundaries of Phragmites australis infestation Exhibit B—Aerial from Google Maps (2012) - - - - Phragmites australis delineation y 4 Town of Southold Freshwater Wetlands � N ' Map �. s Forest Trail(approx 4,920 ft/0.93 mi) B . , tread width: 3 ft; clearing width: 5 ft; clearing height: 8 ft o ea 1 —Inter-dunal Swale 0 150 300 feet U Area 2 - Fire Pond o !Wap 04 aerial prepared by Laura Klahre, April 2012 Exhibit B —Aerial from Google Maps (2012) with trail system superimposed (scale located in center of map) i� i a w '} i i e u � p r ° t "C Lx i-1 r- O ° �� Town of Southold "Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park" PROPOSAL PACKAGE BID OPENING: July 10, 2014 REMINDER NOTE! ! ! : VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. The General Conditions document is included only for informational purposes, a separate contract will be signed by the successful bidder after award. VENDOR NAME: Proposal Package 2 of 9 VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE ................................................................................. If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: ADDRESS RECORD FORM Proposal Package 3 of 9 MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: VENDOR NAME: Proposal Package 4 of 9 ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached ❑ I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE?MF TI IIS Signature&Company Position --,-DAY OF 20 "Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D. Number Proposal Package 6 of 9 THE PROPOSAL FORM Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Documents. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 AUTHORIZED SIGNATURE PRINT NAME, TITLE Proposal Package 8 of 9 DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2014 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Manufactured Materials 3. Permits 4. Program and Specifications 5 . Errors, Omissions and Discrepancies 6. Temporary Toilet 7. Proper Method of Work and Proper Materials 8. Inspection 9. Machinery and Equipment 10. Maintenance 11. Schedule of Operations 12. Notice of Warning 13. Warning Signs 14. Accident Prevention 15. Damages 16. No Damages for Delay 17. Record Keeping 18. Subcontractors and Suppliers NOTE THAT THE CONTRACT WILL INCLUDE ADDITIONAL STANDARD CONTRACTUAL CLAUSES Minority/Women Owned businesses are encouraged to apply. GC - l GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the it is understood that they have the meaning defined below: PROGRAM: NYSDEC approved Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under the Program and Contract. OWNER: Shall mean Town Board, Town of Southold. TOWN REPRESENTATIVE: the duly authorized representative to represent the Owner in the execution of the work covered by the contractor/consultants and assistants engaged by the Owner and the Town Representative to the extent of the particular duties entrusted to them. Town Representative are assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract CONTRACT: Collectively, the contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, General Conditions, Addenda, Performance Bonds, and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of the Contract. 2. MANUFACTURED MATERIALS: Where several materials are specified by name, the Town Representative shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Town Representative is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Town Representative's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference GC -2 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS is made to manufacturer's directions, the Contractor shall submit such directions to the Town Representative as required. 3. PERMITS: All work shall be compliant with the following: NYSDEC permit (1-4738-04110/00001) The waiver from the Suffolk County Pesticide Phase Out Citizens Advisory Committee The Contractor shall obtain coverage under the State Pollutant Discharge Elimination System (SPDES) Pesticide General Permit(Permit No. GP-0-11-001) for this project. The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the Contract. 4. PROGRAM AND SPECIFICATIONS: The Contractor shall perform work as described in the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park work plan. All materials and workmanship must be strictly in accordance with the work plan and regulatory permits. Additional copies of the Program, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. 5. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the Program, Specifications or other documents, the Contractor shall, within ten days from receiving such Program, Specifications or documents, notify the Town Representative in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in GC - 3 GENERAL CONDITIONS such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Town Representative for interpretation before proceeding with the work. If the Contractor fails to make such references to the Town Representative, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Town Representative, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 6. TEMPORARY TOILET: The Contractor shall provide and maintain a sanitary temporary toilet. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon completion of the project the toilet shall be removed from the site. 7. PROPER METHOD OF WORK AND PROPER MATERIALS: Town Representative shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion. If at any time before the commencement or during the progress of the work the materials and equipment used or to be used appear to Town Representative as insufficient or improper for assuring the quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Town Representative to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure compliance with herbicide manufacture labels, permit specifications and work plan. All work shall be done in such a manner as will properly protect and support existing non-target plants and animals on site. 8. INSPECTION: Town Representative shall be authorized to inspect all work. Such inspections may extend to all parts of the work and to the materials to be used. In case of any dispute arising between the Contractor and Town Representative as to materials furnished or the manner of performing the work, the Town Representative shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by Town Representative. Town Representative shall not be authorized to revoke, alter, enlarge, relax or release any requirements, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. "Town Representative shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which Town Representative may give the Contractor, shall in no way be construed as GC - 4 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS binding Town Representative nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that upon final completion of the work, the Contractor will be held responsible for the entire work until completed and accepted by Town Representative and the Owner. The Contractor shall, at all times, provide the Owners, Town Representative, assistants and inspectors under him with necessary facilities for determining that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all un-natural, Contractor caused damages to the project areas. The Contractor shall continuously and adequately protect the work/project sites under his/her control against damage from any un-natural cause. 9. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall be at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. 10. MAINTENANCE: Maintenance shall be performed in compliance with the Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. 11. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 12. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Town Representative, then the Town Representative shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 13. WARNING SIGNS: Contractor shall provide and maintain proper warning signs alerting the public of the work being performed in the project area. 14. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety GC - 5 GENERAL CONDITIONS provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 15. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 16. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 17. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). 18. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Town Representative of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. GC - 6 Invasive Species Control Program for the Common Reed (Phragmites australis) at Sound View Dunes Park. GENERAL CONDITIONS 19. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 20. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. GC - 7