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HomeMy WebLinkAboutFishers Island Sewer District JUDITH T.TERRY c :� Town Hall, 53095 Main Road TOWN CLERK con x P.O.Box 1179 'T? Southold,New York 11971 REGISTRAR OF VITAL STATISTICSFax(516)765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ; I � �` �✓' Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER r OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, 1995 Harold Cook P.O. Box 661 Fishers Island, New York 06390 Dear Mr. Cook: Enclosed are the fully executed agreements between Harold's and the Town of Southold for Maintenance of the Grounds at the Fishers Island Sewer District and Maintenance of the Pump Station at the Fishers Island Sewer District. I am in receipt of your Certificate of General Liability Insurance and Certificate of Workers' Compensation Insurance. Thank you for sending them so promptly. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures cc: Town Attorney Accounting & Finance r AGREEMENT MAINTENANCE OF THE PUMP STATION FISHERS ISLAND SEWER DISTRICT TOWN OF SOUTHOLD,NY THIS AGREEMENT,made this 1 day ofit) � 19�L5 by and between 5 an Individual/Corporation organized and existing under the laws of the State of Nov qnp-,V, hereinafter called the "Contractor" and the Town of Southold,hereinafter called the "Owner". WITNESSETH,That the Contractor and the Owner,for the considerations stated herein, mutually agree as follows: That for and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by the OWNER and the CONTRACTOR,the CONTRACTOR hereby agrees to commence and complete the work described as follows: Provide Maintenance of the Pump Station for one year, hereinafter called the Project as set forth in the Contract documents, for the sum of SIX THOUSAND, FOUR HUNDRED TWENTY DOLLARS ($6,420.00),to be paid in twelve (12),equal,monthly installments. Provide initial labor to bring the pump station up to full operating condition, for the sum of NINE THOUSAND, SIX HUNDRED DOLLARS ($9,600.00),to be paid based on the percentage of work completed, as determined by the Engineer, JC Sommers Associates Inc. These sums are to include furnishing all plant, labor, equipment, and appliances, and performing all operations in connection with the referenced work in order to provide a complete, operational and stable finished product in accordance with the conditions and prices stated in the Bidders Information of the Contract. The Contractor hereby agrees to commence work under this Contract for the period June 1, 1995 - May 31, 1996. The OWNER hereby agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the Bidders Information of the Contract, and to make payments on account, thereof as provided. The CONTRACT DOCUMENTS shall consist of the following (including their attachments and exhibits): a. This Agreement b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Scope of Services f. Insurance Form g. Exhibits not included as part of the documents listed above. IN WITNESS WHEREOF, The parties hereto have caused this AGREEMENT to be executed in six(6) original copies on the day and year first above written. SEAL Town of Southold ATTEST OWNER (L _ By: Thomas Wic am WITNESS JUDITH T TERRY Notary Public,State of New York No.52-0344963 Qualified in Suffolk County Commission Expires May 31,19V SEAL ATTEST CONTRACTOR By; Harold Cook WITNESS EIL EEN G. NOTARY PUBLIC, NEW YC4K STAT NO. 01 W A9509185 QUALIFIED IN SUFFOLK COUNT" PO Box 661 , Fishers Island NY 06390 TERM EXPIRES OCTOf-Q 3i. 9� ADDRESS AGREETPS.FIDSK AGREEMENT MAINTENANCE OF THE GROUNDS FISHERS ISLAND SEWER DISTRICT TOWN OF SOUTHOLD,NY THIS AGREEMENT, made this ] s= day of ox�t 19q`3-, by and between 14AeD—DI5 an Individual/Corporation organized and existing under the laws of the State of New yo�� hereinafter called the "Contractor" and the Town of Southold, hereinafter called the "Owner". WITNESSETH, That the Contractor and the Owner, for the considerations stated herein, mutually agree as follows: That for and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by the OWNER and the CONTRACTOR,the CONTRACTOR hereby agrees to commence and complete the work described as follows: Maintenance of the Grounds, hereinafter called the Project as set forth in the Contract documents, for the sum of FOUR THOUSAND, FIVE HUNDRED FIFTY DOLLARS ($4,550.00), to be paid in twelve (12), equal,monthly installments. This sum is to include furnishing all plant, labor, equipment, and appliances, and performing all operations in connection with the referenced work in order to provide a complete, operational and stable finished product in accordance with the conditions and prices stated in the Bidders Information of the Contract. The Contractor hereby agrees to commence work under this Contract for the period June 1, 1995 - May 31, 1996. The OWNER hereby agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the Bidders Information of the Contract, and to make payments on account, thereof as provided. The CONTRACT DOCUMENTS shall consist of the following (including their attachments and exhibits): a. This Agreement b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Scope of Services f. Insurance Form g. Exhibits not included as part of the documents listed above. IN WITNESS WHEREOF, The parties hereto have caused this AGREEMENT to be executed in six (6) original copies on the day and year first above written. SEAL 1 ATTEST OWNER By: JUDITH T-TERRY ho s Wickham TNESS Notary Public,State of New York No.52-0344963 Qualified in Suffolk county Ggmmission Expires May 31,18 SEAL ATTEST CONTRACTOR By. Harold Cook WITNESS EILEEN G. WALL NOTARY PUBLIC, NEW YORK STATE NO. 01 WA9509185 QUALIFIED IN PO Box 661 , Fishers Island NY 06390 ADDRESS ACORDo ICU ANC DATE(MUDD/YY) PRODUCER 6129195 _- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Joseph L. Townsend,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 BOX 40 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Greenport, New York 11944 L_ --- -------_- COMPANIES AFFORDING COVERAGE COMPANY A Merchants Ins.Co-of New Hampshire INSURED COMPANY I Harold Cook B Box 661 COMPANY Fishers Island, New York 06390 C i COMPANY D COVERAGE S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCETED LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD i INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERR@,.OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS f CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MM/DD,YY) DATE(MM/DD/YY) j _ ..—__ GEN ERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG $ A x, 8CMN-57-8576384 10/20/94 10/20/95 _ 2,000,000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ l_,ODQ,OOO OWNER'S&CONT PROT EACH OCCURRENCE $ 1 ,000,000 FIRE DAMAGE(Any one fire) $ 50,000 j MED EXP(Any one person) $ 5"000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) - - PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ { ' WOW AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ { WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY .�7Y,.771 hold Town ClQ1� EACH ACCIDENT $ i THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE $ OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER _.. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS r CERTIFICATE HOLDER - -�- CANCELLATION 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Town of Southold i EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Main Road 1 ]�_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Southold, New York 11971 f BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANP KIND MON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOR D REP ATI ACORD 25-S(3/93) _ w_. 6►* _ RD CORPORATION 1993 THE S ATE INSURANCE FUND 199 CHURCH STREET NEW YORK, N.Y. 10007 (212) 312-7276 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE RECEIVED HAROLD COOKJUL 14 1995 POLICY NUMBER PO BOX 661 1149 304-6 FISHERS ISLAND NY 06390 Southold Town C1e+'k DATE 6/29/95 CERTIFICATE NUMBER 649-371 PERIOD COVERED BY THIS CERTIFICATE 5/24/95 TO 5/24/96 POLICYHOLDER CERTIFICATE HOLDER HAROLD COOK TOWN OF SOUTHOLD PO BOX 661 MAIN ROAD FISHERS ISLAND NY 06390 SOUTHOLD NY 11971 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE STATE INSURANCE FUND UNDER POLICY NO. 1149 304-6 UNTIL 5/24/96 , COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORK- ERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW. IF SAID POLICY IS CANCELLED, OR CHANGED PRIOR TO 5/24/96 IN SUCH MANNER AS TO AFFECT THIS CERTIFICATE, 30 DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN TO THE CERTIFICATE HOLDER ABOVE. NOTICE BY REGULAR MAIL SO ADDRESSED SHALL BE SUFFICIENT COMPLIANCE WITH THIS PROVISION. THIS CERTIFICATE DOES NOT APPLY TO BUILDING DEMOLITION. THE STT I SURAN E FUND C U_26.3 HER T JACOBS DIRECTOR,INSU ANCE FUND UNDERWRITING �oc��FFO[KcOGy JUDITH T. TERRY L Town Hall, 53095 Main Road TOWN CLERK Z P.O. Box 1 179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD FAX TRANSMITTAL TO: GALEN B. SEMPREBON, PE, Sommers Associates FROM: JUDITH TERRY, Town Clerk DATE: June 19, 1995 Number of Pages (including cover) : 4 If total transmittal is not received, please call (516)765-1801. COMMENTS: Response from Town Attorney Dowd with regard to contracts for FI Sewer District. NJ��FF01K ®- �O Gy�c o - LAURY L. DOWD �ip Town Hall, 53095 Main Road Town Attorney 'ifs®� ���1 P. O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone(516)765-1800 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD MEMORANDUM To: Town Clerk From: Town Attorney Re: Maintenance Contract for Grounds and Pump Station Date: June 15, 1995 1 have reviewed the contracts you received and have only one concern: The contract price includes all "plant, labor, equipment, and appliances." The engineer should be sure that the contract is clear as to whether it includes all materials needed in the performance of the job (such as fertilizer, etc.) . With this caveat, we should proceed to execute the contract and complete the work. Obt Town Hall, 53095 Main Road �O 0� P.O. Box 1179 ►� .�`a Southold, New York 11971 JUDITH T.TERRY ` FAX(5 16) 765-1823 TOWN CLERK TELEPHONE(516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 9, 1995 LAURY: For your review. Two agreements with Harold Cook for Fishers Island Sewer District. Maintenance of the grounds S maintenance of the pump station. -Tki 4 — 9 - 95 FR I :8104 JC SOMMERS ASS& - P _ 0 1 -g!JC Sommers �.:I Associates Inc. FACSIlrtILE TRANSMITTAL SHEET TOTAL 4. DATE: 6 — q — 9,� NO. OF PAGES: !? ���t� co�rr sG f• TO: CJ e( 1 7'�i -1_ �r /' r v �n av. C I r ➢r ( COMPANY: FAX # PROJECT # FROM: _�s__t r-� S N•*�.fa rY, c a SUBJECT: 1 r v,S f'r I., let r a,, `l-f t r C an'f'•V-, c'f ,J rr e Itke'srr+[•�TS � 7f •t�T � �.5 o G,�.,� c+ Af r ��a Pd I d' �to C� �d � �"�✓S f W IF PROBLEMS OCCUR IN RECEIVING THIS FAX PLEASE CALL (203) 872-2703 25 Terrace Drive • Vernon, Connecticut 06066-2416 . (203)872-2703 • Fax(203) 872-7163 Wastewater • Water Supply • Hazardous Wastes • Environmental Assessment 9 Civil Engineering • Surveying 9 - 95 FR I 805 JC SOMMERS AS C _ R - 02 D AGREEMENT MAINTENANCE OF THE GROUNDS FISHERS ISLAND SEWER DISTRICT TOWN OF SOUTHOLD, NY THIS AGREEMENT, made this day of , 19_,by and between an Individual/Corporation organized and existing under the laws of the State of hereinafter called the "Contractor" and the Town of Southold, hereinafter called the "Owner". WITNESSETH, That the Contractor and the Owner, for the considerations stated herein, mutually agree as follows: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and the CONTRACTOR, the CONTRACTOR hereby agrees to commence and complete the work described as follows: Maintenance of the Grounds, 7 hereinafter called the Project as set forth in the Contract documents, for the sum of FOUR THOUSAND,FIVE HUNDRED FIFTY DOLLARS ($4,550.00),to be paid in twelve(12), M04e-- equal, monthly installments. This sum is to include furnishing all plant, labor, equipment, and appliances, and performing all operations in connection with the referenced work in order to provide a complete, operational and stable finished product in accordance with the conditions and prices stated in the Bidders Information of the Contract. The Contractor hereby agrees to commence work under this Contract for the period June 1, 1995 - May 31, 1996. The OWNER hereby agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the Bidders Information of the Cootract, and to make payments on account, thereof as provided. JUN - 9 - 95 FR I 035 JC SOMMERS qS� C The CONTRACT DOCUMENTS shall consist of the following (including their attachments and exhibits): a. This Agreement b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Scope of Services f Insurance Form b• Exhibits not included as part of the documents listed above. -TUN - 9 - 95 PRI 8 o6 JC S O M M E R S A S S� _ P . 04 IN WITNESS WHEREOF,The parties hereto have caused this AGREEMENT to be executed in six (G)original copies on the day and year first above written. SEAL Town of Southold ATTEST OWNER By: WITNESS SEAL ATTEST CONTRACTOR By: WITNESS ADDRESS JUN 9 - 95 FR I S 6 JC SOMMERS ASS& _ P _ 05 AGREEMENT MAINTENANCE OF THE PUMP STATION FISHERS ISLAND SEWER DISTRICT TOWN OF SOUTHOLD,NY THIS AGREEMENT,made this day of , 19_, by and between an Individual/Corporation organized and existing under the laws of the State of hereinafter called the "Contractor" and the Town of Southold,hereinatter called the "Owner". WTI'NESSETH, That the Contractor and the Owner, for the considerations stated herein, mutually agree as follows: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER and the CONTRACTOR,the CONTRACTOR bemby agrees to commence and complete the work described as follows: Provide Maintenance of the Pump Station for one year, hereinafter called the Project as set forth in the Contract documents, for the sum of SIX THOUSAND,FOUR HUNDRED TWENTY DOLLARS ($6,420.00), to be paid in twelve (12), equal,monthly installments. Provide initial labor to bring the pump station up to full operating condition, for the sum of NINE THOUSAND, SIX HUNDRED DOLLARS ($9 0.00),to be paid based on the percentage of work completed, as determined by the 7 Engineer. ese sums are to include furnishing all plant, labor,equipment,and appliances, and pc orminge all operations in connection with the referenced work in order to provide a complete, operational and stable finished product in accordance with the conditions and prices stated in the Bidders Information of the Contract. The Contractor hereby agrees to commence work under this Contract for the period June 1, 1995 - May 31, 1996. JUN 9 - 95 FR I S107 JC SoMMERS ASSaf . P 06 The OWNER hereby agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the Bidders Information of the Contract, and to make payments on account,thereof as provided. The CONTRACT DOCUMENTS shall consist of the following(including their attachments and exhibits): a. This Agreement b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Scope of Services f Insurance Form b. Exhibits not included as part of the documents listed above. -TUN - , 9 - 95 PRI S :�7 SC SOMMERS ASS * _ P _ 07 IN WITNESS WHEREOF,The parties hereto have caused this AGREEMENT to be executed in six(6) original copies on the day and year first above written. SEAL Town of Southold ATTEST OWNER By: WITNESS SEAL ATTEST CONTRACTOR By: WITNESS ADDRESS AGREMSSIDsx -TUN — 9 — 9 5 F R I S - 34 J C S O M M E R S ASSOC . P . 01 -to JC L-41Sommers Associates Inc. FACSIMILE TRANSMITTAL SHEET AL DATE: 6 — CI — 9 NO OF PAGES% ) ) cOmPm-. 771 FAR #: 14 q— I$,&3PROJECT # FROM: ��� r-� .��•*� �r. e a _ J r � r CI 15 o C,r.,�f IF PROBLEMS OCCUR IN RECEIVING THIS FAS PLEASE CALL (203) 872-2703 25 Terrace Drive • yemon,Connecticut 06066-2416 • (203)872-2703 • Fax(203) 872-7163 Wastewater • Wamr Supply • Hazardous Wastes • Environmental Assessment • Civil Engineering • Surveying -TUN - 9 - 9 5 PR I S - Z S J C S O M M E R S ASSOC - P _ 0 2 C� AGREEMENT MAINTENANCE OF THE GROUNDS FISHERS ISLAND SEWER DISTRICT TOWN OF SOUTHOLD,NY THIS AGREEMENT, made this day of , 19_,by and between an Individual/Corporation organized and existing under the laws of the State of hereinafter called the "Contractor" and the Town of Southold,hereinafter called the "Owner". WITNESSETH, That the Contractor and the Owner, for the considerations stated herein, mutually agree as follows: That for and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by the OWNER and the CONTRACTOR,the CONTRACTOR hereby agrees to commence and complete the work described as follows: Maintenance of the Grounds, hereinafter called the Project as set forth in the Contract documents,for the sum of FOUR THOUSAND,FIVE HUNDRED FIFTY DOLLARS($4,550.00),to be paid in twelve(12), equal, monthly installments. This sum is to include furnishing all plant, labor, equipment, and appliances, and performing all operations in connection with the referenced work in order to provide a complete,operational and stable finished product in accordance with the conditions and prices stated in the Bidders Information of the Contract. The Contractor hereby agrees to commence work under this Contract for the period June 1, 1995 - May 31, 1996. The OWNER hereby agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the Bidders Information of the Contract, and to make payments on account, thereof as provided. -TUN - 9 - 9 S FRI S :9r5. J C S O M M E R S ASSOC - P _ 0 3 The CONTRACT DOCUMENTS shall consist of the following(including their attachments and exhibits): a. This Agreement b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Scope of Services f. Insurance Form b. Exhibits not included as part of the documents listed above. -TUN - 91 - 95 FRI 2:3 6 JC S O M M E R S ASSOC . P . 04 is IN WITNESS WHEREOF,The parties hereto have caused this AGREEMENT to be executed in six(G)original copies on the day and year first above written. SEAL Town of Southold ATTEST OWNER By: WETNESS SEAL ATTEST CONTRACTOR By: WITNESS ADDRESS -TUN - 9 - 9 -15 F R I S - 3 6 J C S O M M E R S ASSOC - P _ 05 • Q � AGREEMENT MAINTENANCE OF THE PUMP STATION FISHERS ISLAND SEWER DISTRICT TOWN of SOUTHOLD,NY THIS AGREEMENT,made this day of , 19___,by and between an Individual/Corporation organized and existing under the laws of the State of hereinafter called the "Contractor" and the Town of Southold,hereinafter called the "Owner". WTTNESSETH, That the Contractor and the Owner, for the considerations stated herein, mutually agree as follows: That for and in consideration of the payments and agreements hereinafter mentioned,to be made and performed by the OWNER and the CONTRACTOR,the CONTRACTOR bereby agrees to commence and complete the work described as follows: Provide Maintenance of the Pump Station for one year, hereinafter called the Project as set forth in the Contract documents, for the sum of SIX THOUSAND,FOUR HUNDRED TWENTY DOLLARS ($6,420.00),to be paid in twelve(12),equal,monthly installments. Provide initial labor to bring the pump station up to till operating condition,for the sum of NINE THOUSAND, SIX HUNDRED DOLLARS ($9,600.00),to be paid based on the percentage of work completed, as determined by the Engineer. These sums are to include furnishing all plant, labor,equipment,and appliances, and performing all operations in connection with the referenced work in order to provide a complete, operational and stable finished product in accordance with the conditions and prices stated in the Bidders Information of the Contract. The Contractor hereby agrees to commence work under this Contract for the period June 1, 1995 - May 31, 1996. -TUN - 9 - 9 5 VRZ 8IW7 J C S O M M E R S ASSOC . P 0 6 • The OWNER hereby agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to additions and deductions, as provided in the Bidders Information of the Contract, and to make payments on account,thereof as provided. The CONTRACT DOCUMENTS sball consist of the following(including their attachments and exhibits): a. This Agreement b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Scope of Services f. Insurance Foran g. Exhibits not included as part of the documents listed above. -TUN - '9 - c-315 PRI 8 - Z7 J C S O M M E R S ASSOC - P _ 07 is IN WITNESS WHEREOF,The parties hereto have caused this AGREEMENT to be executed in six(6) original copies on the day and year first above written. SEAL Town of Southold ATTEST OWNER By: WITNESS SEAL ArI'EST CONTRACTOR By: WITNESS ADDRESS AGREETPUTASK F0(,(cOT,ti� � G JUDITH T.TERRY ZZ Town Hall 53095 Main Road TOWN CLERK t CCoo � �' P.O. Box 1179 REGISTRAR OF VITAL STATISTICS d Southold,New York 11971 MARRIAGE OFFICER Fax RECORDS MANA GEMENT OFFICERl `� ' Telephone(b 6) 7651800 FREEDOM OF INFORMATION OFFICER `4 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 2, 1995 Harold Cook P.O. Box 661 Fishers Island, New York 06390 Dear Mr. Cook: The Southold Town Board, at a regular meeting held on May 30, 1995, accepted your bids for the following proposals with regard to the Fishers Island Sewer District: The lump sum bid proposal of $4,550.00 for maintenance of the grounds for a one year period, effective June 1 , '1995 through May 31, 1996. The slump sum bid proposal of $6,420.00 for providing maintenance of the pump station for a one year period, effective June 1 , 1995 through May 31 , 1996. The lump sum bid proposal of $9,600.00 for providing initial labor to bring the pump station up to full operation condition. A certified copy of the Town Board resolution is enclosed. ' Very truly yours, Judith T. Terry Enclosure Southold Town Clerk cc: A. John Gada. Gena Contr. Galen B. Semprebon,PE, Sommers Assoc. Justice Louisa P. Evans JUDITH T.TERRY o� Gyc Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 y MARRIAGE OFFICER Fax(516)765-1823 � O RECORDS MANAGEMENT OFFICER �( `1Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE, SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 30, 1995: RESOLVED that the Town Board of the Town of Southold hereby accepts the lump sum bid proposal in the amount of $4,550.00, from Harold Cook, Fishers Island, N.Y. , for maintenance of the grounds at the Fishers Island Sewer District pump station for a period of one year, effective June 1 , 1995 through May 31 , 1996, all in accordance with the bid specifications; and be it FURTHER RESOLVED that the Town Board hereby accepts the lump sum bid proposal in the amount of $6,420.00, from Harold Cook, Fishers Island, N.Y. , for providing maintenance of the Fishers Island pump station- for a period of one year, effective June 1 , 1995 through May 31 , 1996, and the lump sum bid proposal in the amount of $9,600.00, from Harold Cook, for providing initial labor to bring the Fishers Island Sewer District pump station up to full operating condition, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk May 31, 1995 RECEIVED BID PROPOSAL/LUMP SUM BID MAY 1 1 1995 FISHERS ISLAND SEWER DISTRICT Southold Town OPA MAINTENANCE OF GROUNDS PROJECT NO. TO: Ms. Judith Terry, Town Clerk Town of Southold Fishers Island Sewer District 53095 Main Road Southold,NY 11971 Gentlemen: 1. The undersigned, having familiarized (himself, itself,themselves) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract Documents as set forth,hereby proposes to furnish all supervision,technical personnel, labor, materials, machinery,tools, appurtenances, equipment, and services, including utility and transportation services required to perform and complete this Contract, all in accordance with the above listed Documents at and for the following unit and lump sum prices. (The price is to be written in both words and figures. In case of discrepancy, those shown in words will govern). The Lump Sum Base Bid by me (us) includes all work indicated on the drawings and/or described in the specifications. ` Y LUMP SUM BID OF: DOLLARS (Written) and -0- cents. $ DATE SIGNED RECEIVED BID PROPOSAL/LUMP SUM BID MAY 1 1 1995 FISHERS ISLAND SEWER DISTRICT MAINTENANCE OF THE PUMP STATION Southold Town Clerk PROJECT NO. TO: Ms. Judith Terry, Town Clerk Town of Southold Fishers Island Sewer District 53095 Main Road Southold,NY 11971 Gentlemen: 1. The undersigned, having familiarized (himself, itself,themselves) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract Documents as set forth, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to perform and complete this Contract, all in accordance with the above listed Documents at and for the following unit and lump sum prices. (The price is to be written in both words and figures. In case of discrepancy, those shown in words will govern). The Lump Sum Base Bid by me (us) includes all work described in the Specifications. LUMP SUM BID FOR PROVIDING MAINTENANCE FOR ONE(1) YEAR OF: Six thousand four hundred twenty-----------------DOLLARS (Written) and -0- cents. $ 6,420.00 LUMP SUM BID FOR PROVIDING INITIAL LABOR TO BRING PUMP STATION UP TO FULL OPERATING CONDITION OF: Mine thousand six hundred------------------------DOLLARS (Written) and -0- cents. $ 9, 600.00 SIGNED DATE 1 BID PROPOSAL/LUMP SUM BID 1 FISHERS ISLAND SEWER DISTRICT 1 MAINTENANCE OF GROUNDS ' PROJECT NO. TO: Ms. Judith Terry, Town Clerk Town of Southold ' Fishers Island Sewer District 53095 Main Road Southold,NY 11971 1 Gentlemen: 1. The undersigned, having familiarized(himself, itself, themselves) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract 1 Documents as set forth, hereby proposes to furnish all supervision, technical personnel, 1 labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to perform and complete this Contract, all in 1 accordance with the above listed Documents at and for the following unit and lump sum prices. (The price is to be written in both words and figures. In case of discrepancy, 1 those shown in words will govern). 1 The Lump Sum Base Bid by me (us) includes all work indicated on the drawings and/or described in the specifications. 1 1 1 1 LUMP SUM BID OF: ' - DOLLARS ' (Written) and � cents. oo_ 1 SIGNED r" DATE i I k JC Sommers Associates Inc. 25 Terrace Drive•Vernon,CT 06066-2416 & (203) 872-2703 • Fax (203) 872-7163 FILE COPY JF-z spe�. purn�p5�- . TOWN OF SOUTHO LD ' FISHERS ISLAND SEWER DISTRICT INVITATION TO BID MAINTENANCE OF THE PUMP STATION t ' TOWN OF SOUTHOLD FISHERS ISLAND SEWER DISTRICT ' INVITATION TO BID Sealed Bids for Fishers Island Sewer District, Maintenance of the Pump Station, will be received by the Town of Southold, at the office of Judith Terry, Town Clerk, Town of Southold, 53095 Main Road, Southold,NY 11971 until 3:00 p.m., Monday, May 15, 1995 at ' which time the Bids will be publicly opened and read aloud. All Bids must be received prior to the above time and date to be considered. Contract documents are enclosed herein. No bidder may withdraw his/her Bid for a period of 45 days after the actual date of the Bid opening. The Town of Southold reserves the right to waive any formalities or to reject any or all ' Bids. ' INSTRUCTIONS OF BIDDERS Bidding Documents The Contractorshall complete the Bid Proposal Form and submit it in a sealed envelope ' clearly labeled Fishers Island Sewer District, Maintenance of the Pump Station" prior to ' the Bid opening. 2. Intemretations or Addenda ' No oral interpretation will be made to any Bidder as to the meaning of the Contract Documents or any part thereof. Every request for such an interpretation shall be made in ' writing to the Town a minimum of seven days prior to the date fixed for opening of Bids. 3. Examination of Plans SpecificationsSpecial Provisions and Site of Work The Bidder is required to examine carefully the site of the work, and the proposal form, special provisions, Specifications and Contract form for the work contemplated; and it will be assumed that he has judged for and satisfied himself as to the conditions to be ' encountered. ' 4. Alternative or Supplemental Birk No Alternative or Supplemental Bids will be considered unless such Bids are specifically requested in these Instructions to Bidders and shown on the Bid Proposal Form. 5. Bids ' a. All Bids must be submitted on forms supplied by the Town and shall be subject to all requirements of the Contract Documents, and these Instructions to Bidders. All Bids must be regular in every respect and no interlineations, exclusions, or special conditions shall be made or included in the Bid Forms by the Bidder. ' 6. Withdrawal of Bids Bids may be withdrawn by written or telegraphic request dispatched by the Bidder in ' time for delivery in the normal course of business to the time fixed for opening of the Bids. 7. Execution of Ae_reement a. Subsequent to the award and within ten(10) days after the prescribed forms are presented for signature,the successful Bidder shall execute and deliver to the ' Town, an Agreement in the form included in the Contract Documents in such number of copies as the Town may require. ' BID PROPOSAU/LUMP SUM BID ' FISHERS ISLAND SEWER DISTRICT MAINTENANCE OF THE PUMP STATION ' PROJECT NO. TO: Ms. Judith Terry, Town Clerk Town of Southold Fishers Island Sewer District ' 53095 Main Road Southold,NY 11971 Gentlemen: 1. The undersigned,having familiarized(himself, itself,themselves) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract tDocuments as set forth, hereby proposes to furnish all supervision,technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including ' utility and transportation services required to perform and complete this Contract, all in accordance with the above listed Documents at and for the following unit and lump sum ' prices. (The price is to be written in both words and figures. In case of discrepancy, those shown in words will govern). 1 The Lump Sum Base Bid by me (us) includes all work described in the Specifications. ' LUMP SUM BID FOR PROVIDING MAINTENANCE FOR ONE (1) YEAR OF: ' DOLLARS (Written) ' and cents. $ LUMP SUM BID FOR PROVIDING INITIAL LABOR TO BRING PUMP STATION UP TO FULL OPERATING CONDITION OF: DOLLARS ' (Written) and cents. $ SIGNED DATE ' SCOPE OF SERVICES GENERAL CONDITIONS G.C.#1 payment for Materials Purchase ' In order for the Contractor to receive payment for materials utilized on the project, ' the following requirements must be complied with: ' A yearly material budget is to be established for materials for the work. This budget shall be charged against for the following items: 1. Oil and antifreeze for generator. 2. Primer and paint. 3. Two (2)Initial Pressure Gauges ' 4. Miscellaneous electrical components for repair and maintenance of control panels. ' S. Parts needed for maintenance and repair of generator. For all items not on the above list,the prior approval of the Engineer shall be required prior to purchase. ' All requests for payment for materials either prior to purchase or after purchase, shall be done a minimum of 10 days prior to the end of the ' month to be considered for payment for that month. t G.C. 1 ' G.C.#2 Payments to Contractor ' The Contractor shall be paid monthly for the execution of this Contract. The amount shall equal one-twelfth of his lump sum bid price plus payment for ' materials in accordance with G.C.#1. The Contractor shall be paid at the end of the month for work performed that month; i.e.,the payment to be made after the ' end of April shall be for work performed in April and so forth. ' Project funds shall be used only for costs related to the provision of services required by this Agreement as specified in the attached budget. ' All budget line items shall require prior written approval of the Town. Any costs incurred by the Contractor prior to the date of commencement of the term of this ' Agreement shall be considered ineligible. No expenditure may be made for the use of equipment or premises for political purposes, sponsoring or conducting ' candidates'meetings, engaging in voter registration activity or voter transportation, or other partisan political activities. The initial one to two months will consume much of the contractors time to perform the initial repairs and get the pump station to an acceptable level of operation. The payment to the Contractor has therefore been divided into two parts to accommodate this initial level of effort that will be required. The ' Contractor will be paid for the necessary repairs to the pump station as outlined in the Specifications under the payment item initial repairs". This will be made ' upon completion of the maintenance activities and approved by the Engineer. The Contractor can apply for partial payment for the portion of work accomplished. ' The regular maintenance will be paid for under the maintenance pay item and will be paid for monthly. ' G.C. 2 G.C.#3 Books of Account and Maintenance of Records ' The Contractor agrees to establish and maintain fiscal control and accounting procedures which assure the proper accounting of all funds paid by the Town to the Contractor under this Agreement. All records with respect to all matters covered by this Agreement shall be maintained for a minimum of three (3) years ' after disbursement of the final payment under this Agreement. Such records shall be retained beyond the three-year period if audit findings have not been resolved. ' All program costs and expenditures must be supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, leases, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks,payrolls, invoices, contracts, vouchers, receipts, leases, or ' other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. Bank statements and checkbooks ' must be reconciled monthly. Cash balances and proof of payment or payroll must be reported monthly. The Contractor agrees to have available in the Town of Southold, upon request, ' all its books, documents, papers, and records, relating to the project, for ' inspection, audit, and copying during normal business hours, by appropriate officials of the Town, or its duly authorized representative, concerning charges, ' fees, and costs under this Agreement. G.C.#4 Permits and Codes ' A. The Contractor shall give all notices required by, and shall observe and comply with all Federal and State laws, and Local by-laws, ordinances and ' regulations in any manner affecting the conduct of the work, and all such ' G.C. 3 ' orders or decrees as may exist at present and those which may be enacted later, of bodies or tribunals having jurisdiction or authority over the work. G.C.#5 Accident Prevention A. The Contractor shall exercise proper precautions and safety measures at all times for the protection of persons and/or property and shall be responsible for all injuries and/or damages to all persons and/or property, either on or ' off the site, which occur as a result of his prosecution of the work under ' this Contract. ' G.C.#6 Inspection/Acceptance of the Work A. All materials and workmanship shall be subject to inspection, examination or test by the Town and the Engineer to determine the acceptability of the ' work at any and all times. ' G.C.#7 Review by Town ' The Town, its authorized representatives, and agents shall at all times have access to and be permitted to observe and review all work, materials, and equipment. ' G.C.#8 Insurance A. Worker's Compensation-The Contractor shall carry, or require that there be carried, Worker's Compensation Insurance and Employer's Liability Insurance for all his employees and those of his subcontractors engaged in work on the site in accordance with State or Territorial Worker's ' Compensation Laws. ' G.C. 4 G.C.#9 Safety Provision rThe safety provisions of applicable laws, building and construction codes, and the safety codes approved by the State Labor Commissioner shall be observed. G.C.#10 Subcontracts A. The Contractor shall not execute an Agreement with any Subcontractor or permit any Subcontractor to perform any work included in this Contract tuntil he has obtained approval from the Town. 1 G.C.#11 Changes in the Work A. The Town may make changes in the work required to be performed by the Contractor for the maintenance of the pump station under the ' Contract by making additions thereto, or by omitting work therefrom, without invalidating the Contract. G.C.#12 Suspension or Termination of Agreement ' A. Remedies Other Than Termination: Should review of the Contractor's performance show non-conformance to the Scope of Services, budget, or any other terms or conditions herein,the Contractor shall be in breach of this Agreement, and the Town may take appropriate action as it deems tnecessary, including but not limited to temporary withholding or reduction of payment, or suspension of program operations. The Contractor shall be ' liable for all costs, including attorney's fees, incurred by the Town in enforcing any and all terms of this Agreement. The selection of a remedy ' other than termination shall not prevent the Town from subsequently terminating this Agreement as described herein. ' G.C. 5 B. Termination of Contract for Cause: If,through any cause,the Contractor shall fail to fulfill in timely and proper manner his obligations under this Agreement, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Town shall thereupon have the right to terminate this Agreement by giving written notice to the Contractor of such termination and specifying the effective date of such ' termination, at least five (5) days before the effective date of such termination. In the event that the Contractor neglects or refuses to correct ' or cure said default to the satisfaction of the Town prior to said date,this Agreement shall thereupon terminate. In such event, all finished or unfinished documents, data, studies, and reports prepared by the ' Contractor under this Agreement shall, at the option of the Town, become its property, and the Contractor shall be entitled to receive just and ' equitable compensation for any satisfactory work or services rendered prior to termination. Not withstanding the above,the Contractor shall not ' be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of this Agreement, all costs and attorney's fees incurred in enforcing this Agreement, and the Town may withhold any payments to the Contractor for the purpose of setoff until such time as the ' exact amount of damages due the Town from the Contractor is determined. C. Termination for Convenience of the Town: The Town may terminate this Agreement at any time by giving written notice to the Contractor. If this Agreement is terminated by the Town as provided herein,the Contractor will be paid an amount which bears the same ratio to the total compensation at the services actually performed bear to the total services ' of the Contractor covered by this Agreement, less payments of compensation previously made; provided,however,that if less than sixty percent(60%) of the services covered by this Agreement have been performed upon the effective date of such termination,the Contractor shall ' G.C. 6 ' be reimbursed(in addition to the above payment) for that portion of the actual out-of-pocket expenses,not otherwise reimbursed under this ' Agreement, incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered ' by this Agreement. If this Agreement is terminated due to the fault of the Contractor, Section B hereof relative to termination shall apply. G.C.#13 Engineer's Authority All work shall be subject to the review of the Engineer. The Engineer shall decide all questions as to interpretation of the plans, Specifications, and questions of ' mutual rights between Contractors. The Engineer shall decide on an acceptable rate of progress, on the manner of performance, and on the acceptable fulfillment of the Contract. ' G.C.#14 Materials and Workmanship ' A. Unless otherwise specifically provided for in the Specifications, all workmanship, equipment, materials and articles incorporated in the work ' shall be new and the best grade of the respective kinds for the purpose. ' G.C.#15 Risk of Loss The Town assumes no responsibility for the condition of existing buildings and ' structures and other property on the project area, nor for their continuance in the condition existing at the time of issuance of the Invitation for Bids or thereafter. ' No adjustment of Contract Price or allowance for any change in conditions which may occur after the Invitation of Bids has been issued will be made except as provided for herein. ' G.C. 7 ' G.C.916 Arbitration and Litigation ' Any controversy or claim arising out of, or relating to this Contract, or the breach thereof, shall at the option of the Town be settled by arbitration in accordance ' with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s)may be entered in any Court having ' jurisdiction thereof. The Town shall exercise its option to arbitrate concurrent with the rendering of its final decision on the claim. Should it fail to render a final decision within the prescribed time or fail to exercise its option, the claim will be determined in accordance with the Rules of the American Arbitration Association as hereinbefore stated. G.C.917 Control of Existing Flows During the maintenance work,the Contractor shall take every precaution and do ' the necessary work to maintain the flow of sanitary sewage through the pump station. The Contractor is solely responsible for providing his flow control system and there shall be no separate payment for the required work. The Contractor shall be responsible for any flooding or sanitary backup on his work ' and to the property owners affected by such flooding or backup. The Contractor shall make such provisions as may be required by the Local, State or Federal health officers or any other public bodies with jurisdiction over the flow of ' sanitary seepage. G.C.#18 Performance Standards The Contractor agrees to carry out the provisions of this Agreement with highest professional skill and competence, in conformance with the reasonable ' performance standards established in the Technical Specifications, or as may be established by the Town during the term of this Agreement. All of the services G.C. 8 t required hereunder of the Contractor shall be performed to the sole satisfaction and approval of the Town as a condition of payment for the rending of such ' services. G.C.#19 Information. Reports and Documents The Contractor shall submit to the Town on a bi-monthly basis, in a format and at such dates as required by the Town, information concerning the progress and activities of this project as related to the Technical Specifications. In addition, ' comprehensive fiscal information shall be submitted as required by the Town, documenting all expenditures made as allowed by the budget. The Contractor shall submit information required by the Town as to all other funding sources which relates to the execution of this Agreement. The Contractor agrees that all of the information, reports and documents ' assembled by the Contractor under this Agreement are the property of the Town. The Contractor agrees that said documents and information contained therein shall ' not be made available to any individual or organization, other than authorized ' governmental officials, without prior approval of the Town, except as required by State of Federal law. ' G.C.#20 Evaluation ' The Contractor agrees to participate in the periodic evaluation of the program. ' The Contractor agrees to cooperate fully with the Town in the implementation of a reasonable evaluation system. The Town agrees to share with the Contractor tsuch data and reports as may be derived therefrom. The Contractor shall have an opportunity to review and comment on all drafts and final reports regarding ' recommendations the Town makes concerning future directions of the program, ' G.C. 9 including termination, diminution, expansion,modification, or change of sponsorship. The Contractor agrees to comply with evaluation and information requirements including but not limited to site visits, program or fiscal audits, and periodic and annual reports. The Contractor shall comply with all recommendations and ' requirements of the Town resulting from such evaluations and audits which are ' deemed by the Town to be consistent with the provision of service under this Agreement. ' G.C.#21 (�om�plian_ce vv�t_h L.aw In all matters pertaining to the execution of the Agreement, the Contractor shall ' conform strictly to all Federal, State, and Municipal laws, statutes, ordinances, and the applicable rules and regulations, and any and all amendments thereto; and, ' to the methods and procedure of all governmental boards, bureaus, offices, commissions, and other agencies. G.C.#22 Assignment or Novation The Contractor shall not assign or transfer, whether by an assignment or novation, ' any of his rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without the written consent of the Town. G.C.#23 Indemnification of Town The Contractor agrees to indemnify and save harmless the Town, its officers, ' agents, and employees against all suits, claims, or liabilities of every name and nature arising out of or in consequence of the wrongful acts of the Contractor in the performance of this Agreement. ' G.C. 10 G.C.924 Personnel ' It is mutually agreed that this is a contract for services and not a contract of employment. The Contractor shall secure all personnel as may be required to perform the services described herein. Such personnel shall not be employees of, nor have any contractual relationship with, the Town. The Contractor shall not be ' entitled to any Town of Southold employment benefits such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension and retirement benefits. No person who is serving sentence in a penal or correctional institute ' shall be employed on work under this Agreement. ' G.C.#25 Anti-Discrimination and Affirmative Action ' The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, or ' handicap. The Contractor shall take affirmative action to ensure that applicants for employment are employed, and that employees are treated during ' employment, without regard to their race, color, religion, age, sex, national origin, or handicap. Such action shall include, but not limited to, the following: ' employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The Contractor shall state that all qualified applicants shall receive consideration for employment without regard to race, religion, age, sex, national origin, or handicap. The Contractor shall ' incorporate, or cause to be incorporated, this provision in any and all subcontracts entered into pursuant to this Agreement. G.C. 11 G.C.#26 Procurement Procedures and Requirements ' The Contractor shall conduct all procurement in a manner so as to provide maximum open and free competition,regardless of whether negotiated or ' advertised and without regard to dollar value. For purchases where the aggregate expenditure is expected to exceed $2,500,the required method of procurement ' shall be formal advertising with adequate purchase description, sealed bids, and public openings. Procurement of personal or professional services may be negotiated provided that a competitive process is used which considered all ' vendors and contractors reasonably available to provide such services. The Contractor's records and files must give full support to all procurement and provide justification for the method of procurement, the rationale for vendor selection, and the basis for the cost or price negotiated. All such records and files 1 shall be made available to governmental officials for inspection upon request. The Contractor shall make positive efforts to utilize small businesses and ' minority-owned business sources of supplies and services. Such efforts should allow these sources the maximum opportunity to compete for contracts. G.C.#27 Non-Expendable Property ' It is agreed that all non-expendable property acquired through expenditure of funds authorized by this Agreement will revert to the Town, unless otherwise ' provided for, either at the expiration or earliest termination of this Agreement, or when, in the opinion of the Town Administrator,there is no longer a need for the property to accomplish the purpose for which it was intended, whichever first occurs. As used herein,the term "non-expendable property" shall mean any and ' all personalty or fixtures which will not be consumed or lose its identify, and which is expected to have a useful life of one (1)year or more. ' G.C. 12 All non-expendable property acquired under this Agreement shall be listed on the Town inventory forms, a copy of which shall be forwarded to the Town at the termination of this Agreement, or at any other time required by the Town. Such property shall be tagged and numbered in a manner acceptable to the Town to easily identify it from any other property. Copies of invoices for the purchase of ' all non-expendable property shall be retained to provide documentation of purchase prices and description of property. G.C.#28 Disclaimer of Agency of Third Puty Beneficiaa Rights In no event shall anything in this Agreement be deemed to confer upon any third ' parties beneficiary rights against the Town. ' G.C.#29 Conflict of Interest iThe Town and the Contractor hereby covenant and agree that no member of the governing body of the Town, or its designees or agents, and no other public ' official, either paid or unpaid, who exercises any functions or responsibilities with respect to this program during the individual's tenure or for one (1) year thereafter, shall have any personal or financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Contractor shall incorporate, or cause to be incorporated, in all subcontracts, a provision prohibiting such interest pursuant to the provisions of this paragraph. G.C.#30 Amendments This Agreement may be amended by written instrument executed by the parties ' hereto, acting therein by their duly authorized representative. Contractor's duly G.C. 13 ' authorized representative shall be the Executioner of the Agreement, and the Town's duly authorized representative shall be its Town Administrator. The Town or the Contractor may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of the compensation for the Contractor, which are mutually agreed upon by and between the Town and the Contractor, shall be incorporated in written ' amendments to this Agreement. ' G.C.#31 Severability ' If any provisions of this Agreement is held invalid,the remainder of the Agreement shall not be affected thereby if such reminder would then continue to ' conform to the terms and requirements of applicable law. G.C.#32 Cumulative Remedies ' All rights exercisable by and remedies of the Town hereunder shall be cumulative ' and the exercise or beginning of the exercise by the Town of any of its rights or remedies hereunder shall not preclude the Town from exercising any other right or ' remedy granted hereunder or permitted by law. ' G.C.#33 Goveminglaw This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the ordinances of the Town of Southold. ' G.C. 14 � • i ' G.C.#34 Gender and Number Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held and construed to include the plural, unless the Agreement requires otherwise. G.C.#35 Notices All notices approvals, demands requests, or other documents required or PP Q Q ' permitted under this Agreement, other than routine communications necessary for the day-to-day operation of this program, shall be deemed properly given if hand ' delivered or sent by United States registered mail,postage prepaid. ' G.C.#36 Successors ' This Agreement, to the extent permitted herein, shall insure to the benefit of, and be binding upon,the parties hereto and any and all successors. G.C.#37 Entire Agreement This Agreement contains the entire understanding between the parties hereto and supersedes any and all prior understandings, negotiations, and Agreements, ' whether written or oral, between them respecting the written subject matter. G.C.#38 Non-Waiver ' Any failure by the Town or the Contractor to insist upon the strict performance by the other of any of the terms and provisions hereof shall not be a waiver, and each ' party hereto, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the other, of any and all of the terms and ' G.C. 15 ' provisions of this Agreement and neither party hereto shall be relieved of such obligation by reason of the failure of the other to comply with or.otherwise enforce any of the provisions of this Agreement. ' G.C.#39 Compliance with the Immigration Reform and Control Act of 1986 ' The Contractor hereby agrees that he is aware of and has complied with the hiring ' and documentation requirements of the Immigration Reform and Control Act of 1986. The Contractor agrees that it has asked for and examined documentation in rd �' order ' to verify the legal employability of his employees and has executed the appropriate forms attesting thereto pursuant to the Act. The Contractor further agrees to indemnify and hold the Town harmless from any costs and/or penalties incurred, including but not limited to fines, attorney's fees and costs arising from a claim of violation of said Act. ' G.C. 16 TECHNICAL SPECIFICATIONS General The intent of these Specifications is to provide guidance for the repair and maintenance of ' the pump station. The Contractor shall use general accepted practices to address items not ' specifically addressed in these specifications. Any questions should be addressed to the Engineer. The pump station operates as a unit. We have outlined a number of tests for each component. The duel functioning of these components is of paramount importance. For instance, when the transfer switch is tested, and power is shut off,not only does the alarm and switch need ' to work, but the generator needs to start. The Contractor will be expected to provide the level of maintenance required to maintain the pump station in a completely functional condition. The initial repairs and maintenance will require an expenditure of money for materials. The intent is to provide a budgeted amount of money for maintenance each year. Upon acceptance of a Contractor for this project, a meeting will be held to obtain the Contractor's input ' as to the amount of funds required for materials. We anticipate that an amount of money will be required immediately to bring the pump station up to an acceptable level of operation. The yearly ' maintenance funding budge will be established once the necessary repairs are made. In addition to the maintenance budget, the Contractor will be requested to provide input on a budget to be set for long term parts replacement and for other possible capital improvements. Presently there is a spare pump for the facility that was removed from service. This pump is to be overhauled and stored as a spare pump. The Contractor is to obtain quotes for the overhaul of this pump, and ' upon approval of the Town, coordinate the service of this pump as a spare. ' The Contractor shall be responsible for responding to the alarm at the pump station. All costs including labor and equipment used in responding to the alarm shall be included in the ' lump sum yearly maintenance cost submitted by the Contractor. t T.S. 1 ' Generator ' The Contractor shall be responsible for supplying all labor equipment, and tools and perform all functions necessary to maintain the generator in peak operating condition. This work ris to include the changing of all fluids as required, and maintaining the generator in an operating condition. A log is to be maintained at the site with complete records on all maintenance ' operations. ' The normal maintenance shall include the replacement of the oil and filters every 50 hours of operation, or once per year, whichever is greater. The first oil change shall be on the first site visit of this year. The oil should be checked every 2 weeks and oil added as required. ' The generator is to be run for a minimum of 20 minutes every 2 weeks. The antifreeze in the generator shall be changed every 3 years or more frequently if required. The antifreeze shall be mixed to withstand-40 degree temperatures. The antifreeze is to be changed during the first site visit of this year. The antifreeze is to be checked every two weeks and additional antifreeze added as required. The generator is to be greased twice a year. The Contractor shall be responsible for notifying the Sewer District when fuel oil is needed for the generator, and upon receiving approval from the District, shall coordinate the delivery of the fuel oil. ' The generator enclosure is to be scraped of all loose paint, wirebrushed of all rust, and primed and painted yearly. All access doors are to be lubricated and reinstalled after all work is ' completed. The generator turned over but did not start during the last inspection in the fall of 1994. ' T.S. 2 ' All work needed to return the generator to a full operating condition shall be done immediately as part of this work. The Contractor shall maintain the fuel transfer pump in good condition. During the fall of ' 1994 inspection, the pump was found running without a prime. The pump eventually primed after the oil tank was topped off. This will need to be investigated immediately to determine if ' there are still any problems with this pump. In addition, the plastic window on the fuel transfer pump cover is torn, and needs to be replaced. Note: Any significant spillage of fuel oil during delivery or due to leaks in the generator ' equipment, shall be reported to the Sewer District, Engineer and required state officials ' immediately. Any minor spillage of fuel oil or other oil, antifreeze, etc. shall be cleaned up promptly and disposed of in accordance with sound environmental practice. ' Payment to the Contractor shall be in accordance ordance with the lump sum bid puce, and the ' payment to Contractors as outlined in the General Conditions, and shall include all labor, equipment, and tools required to perform the above operations. Payment for materials shall be ' made in accordance with the general provisions. ' Electric Panels ' The panel boxes will need to be inspected for corrosion yearly. All loose paint will be removed, and any rust shall be removed by wire brushing, and the cabinets shall be primed and ipainted. ' During the fall of 1994 inspection, a number of deficiencies were observed that will need ' to be rectified immediately. The standby air compressor for the bubble tube in the flow chassis is unplugged and the primary compressor is plugged into the standby plug. There are two ' unattached wires within the cabinet and a burn mark on a terminal near these wires. The wiring ' T.S. 3 for the alarm circuit appears to have been altered at some time. These items will need to be addressed immediately, and the electrical panels returned to proper operating condition. During the fall of 1994 inspection, a number of tests were run to determine the present functionality of the pump station. The transfer switch was changed to the test position, and the generator did not attempt to start. When the power was turned off,the alarm sounded and the ' switch operated and attempted to start the generator. The alarm light on top of the electric panel box did not work when the alarm sounded. The deficiencies noted above will need to be rectified ' immediately. ' As part of the regular maintenance program, the transfer switch should be tested ' bi-monthly in the test position. The power should be shut down monthly to test the transfer switch under power outage condition. Drywll Within the drywell the following operations shall be conducted by the Contractor. The ' valves within the pit have a substantial amount of rust that will need to be removed, and the valves painted to help preserve them. The valves are to be cleaned and painted yearly. The chain hoist/tripod that is stored in the drywell is to be maintained in an operable condition, cleaned and painted yearly, and oiled as required. The gauges within the valve pit will need to be replaced as ' part of the initial repairs. ' The check valves are to be cleaned monthly during the off season, and bi-monthly during ' the peak summer months, to insure adequate operation. The gate/plug valves are to be exercised bi-monthly. The weights on the check valves are to be adjusted as required. ' T.S. 4 1 • r 1 Wetwell 1 During the fall of 1994 inspection, we timed drawdown rates for both pumps to determine relative pumping rates. The south pump pumped at a very low rate of approximately 15 gallons 1 per minute. The north pump pumped at a flow rate of 120 gallons per minute. During the testing of the pumps, it was observed that the north pump check valve was not operating and flow was 1 observed draining back into the sump through the north pump. This malfunctioning check valve may help explain the south pumps poor performance. With the check valves operating properly, 1 the pumps are to be observed in operation every 2 weeks during the summer months, and monthly during the off season. The pump drawdown rates for each pump are to be measured, and the results submitted to the Engineer. A visual examination of the wetwell is to be made upon 1 completion of the pump cycle to insure that the check valves are operating properly. 1 The force main is to be flushed annually to clear the line of any buildup of solids. Flushing is to be accomplished by running both pumps simultaneously for a minimum of 3 1 minutes. 1 1 i 1 1 1 1 T.S. 5 1 -do JC 4Sommers 1a Associates Inc. DATE: May 2, 1995 TO: All Bidders on Town of Southold Invitation to Bid Maintenance of the Pump Station FROM: JC Sommers Associates Inc. RE: Clarification to the Specifications Gentlemen: A question was raised as to whether any of the materials to be used as part of the work are to be included in the bids for the above referenced work. In order to avoid confusion,we are providing this clarification to the Specifications. A separate budget will be used to cover the acquisition of all materials required for the Pump Station. The budget will be established after the award of the Contract with the contractors input, and all costs for the materials needed for the Contract will be born by the Sewer District from this separate budget. The budget will cover such items as oil, antifreeze, electrical, mechanical components, etc. needed to keep the pump station in proper operating condition. The Contractor's bid will cover the labor, equipment, tools, etc. required by the Contractor to perform the work needed to maintain the pump station. Please note that you received this clarification on your bid proposal. Sincerely, JC SOMMERS ASSOCIATES INC. Galen B. Semprebon,P.E. GBS:kar FISPEC.LTR 25 Terrace Drive • Vernon, Connecticut 06066-2416 • (203) 872-2703 • Fax(203) 872-7163 Wastewater • Water Supply • Hazardous Wastes • Environmental Assessment • Civil Engineering • Surveying i iI I r r`' JC Sommers Associates Inc. 25 Terrace Drive•Vernon,CT 06066-2416 (203) 872-2703 • Fax (203) 872-7163 FILE COPY TOWN OF SOUTHOLD FISHERS ISLAND SEWER DISTRICT INVITATION TO BID ' MAINTENANCE OF THE GROUNDS 1 ' TOWN OF SOUTHOLD ' FISHERS ISLAND SEWER DISTRICT ' INVITATION TO BID 1 ' Sealed Bids for Fishers Island Sewer District, Maintenance of Grounds,will be received by the Town of Southold, at the office of Jutdith Terry, Town Clerk, Town of Southold, ' 53095 Main Road, Southold,NY 11971 until 3:00 p.m., Monday, May 15, 1995, at which time the Bids will be publicly opened and read aloud. All Bids must be received prior to the above ' time and date to be considered. ' Contract documents are enclosed herein. No bidder may withdraw his/her Bid for a period of 45 days after the actual date of the Bid opening. The Town of Southold reserves the right to waive any formalities or to reject any or all ' Bids. ' • 0 INSTRUCTIONS OF BIDDERS Bidding Document ' The Contractor shall complete the Bid Proposal Form and submit it in a sealed envelope clearly labeled "Fishers Island Sewer District, Maintenance of Grounds" prior to the Bid ' opening. 2. Interpretations or Addenda ' No oral interpretation will be made to an Bidder as to the meaning of the Contract rP Y g Documents or any part thereof. Every request for such an interpretation shall be made in writing to the Town a minimum of seven days prior to the date fixed for opening of Bids. 3. Examination of Plans, Specifications Special Provisions and Site of Work The Bidder is required to examine carefully the site of the work, and the proposal form, special provisions, specifications and contract form for the work contemplated; and it will be assumed that he has judged for and satisfied himself as to the conditions to be encountered. 4. Alternative or Supplemental Bids ' No Alternative or Supplemental Bids will be considered unless such Bids ares specifically Y requested in these Instructions to Bidders and shown on the Bid Proposal Form. 1 5 Bids 1 a. All Bids must be submitted on forms supplied by the Town and shall be subject to all requirements of the Contract Documents, and these Instructions to Bidders. ' All Bids must be regular in every respect and no interlineations, exclusions, or special conditions shall be made or included in the Bid Forms by the Bidder. 6. Withdrawal of Bids Bids may be withdrawn by written or telegraphic request dispatched by the Bidder in 1 time for delivery in the normal course of business to the time fixed for opening of the 1 Bids. 1 7. Execution of Agreement 1 a. Subsequent to the award and within ten(10) days after the prescribed forms are presented for signature,the successful Bidder shall execute and deliver to the ' Town, an Agreement in the form included in the Contract Documents in such number of copies as the Town may require. 1 1 1 1 1 • BID PROPOSAL/LUMP SUM BID ' FISHERS ISLAND SEWER DISTRICT MAINTENANCE OF GROUNDS PROJECT NO. TO: Ms. Judith Terry,Town Clerk ' Town of Southold Fishers Island Sewer District 53095 Main Road Southold,NY 11971 Gentlemen: ' 1. The undersigned, having familiarized(himself, itself, themselves) with the existing conditions on the Project Area affecting the cost of the work, and with the Contract Documents as set forth, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including ' utility and transportation services required to perform and complete this Contract, all in accordance with the above listed Documents at and for the following unit and lump sum ' prices. (The price is to be written in both words and figures. In case of discrepancy, those shown in words will govern). ' The Lump Sum Base Bid by me (us) includes all work indicated on the drawings and/or described in the specifications. LUMP SUM BID OF: ' DOLLARS (Written) and cents. $ ' SIGNED DATE ' GENERAL CONDITIONS G.C.#1 Payment for Materials Purchased ed ' In order for the Contractor to receive payment for materials utilized on the project, the following requirements must be complied with: 1 A yearly material budget in the amount of$200.00 has been established for ' materials for the work. This budget shall be charged against for the following items: r ' 1. Chain link fence replacement items such as fence ties or replacement items. ' 2. Wood rail fence replacement p items such as new wood rails and posts. 3. Grass seed. For all items not on the above list, the prior approval of the Engineer shall ' be required prior to purchase. The Contractor shall submit receipts for all items purchased. The Contractor has the option of requesting funds for purchase of material rprior to purchase. All requests for payment for materials eitherrior to purchase or after P purchase, shall be done a minimum of 10 days prior to the end of the month to be considered for payment for that month. 1 G.C. 1 1 1 G.C.#2 Payments to Contractor The Contractor shall be paid monthly for the execution of this Contract. The ' amount shall equal one-seventh of his lump sum bid price plus payment for materials in accordance with G.C.#1. Payment will be made for the months of April through October, and the Contractor shall be paid at the end of the month for work performed that month; i.e.,the payment to be made after the end of April ' shall be for work performed in April and so forth. Project funds shall be used only for costs related to the provision of services ' required by this Agreement as specified in the attached budget. ' All budget line items shall require prior written approval of the Town. Any costs incurred by the Contractor prior to the date of commencement of the term of this Agreement shall be considered ineligible. No expenditure may be made for the use of equipment or premises for political purposes, sponsoring or conducting candidates'meetings, engaging in voter registration activity or voter transportation, or other partisan political activities. G.C.93 Books of Account and Maintenance of Records 1 The Contractor agrees to establish and maintain fiscal control and accounting ' procedures which assure the proper accounting of all funds paid by the Town to ' the Contractor under this Agreement. All records with respect to all matters covered by this Agreement shall be maintained for a minimum of three (3) years 1 after disbursement of the final payment under this Agreement. Such records shall be retained beyond the three-year period if audit findings have not been resolved. All program costs and expenditures must be supported by properly executed payrolls, time records, invoices, contracts, vouchers, receipts, leases, or other G.C. 2 official documentation evidencing in proper detail the nature and propriety of the ' charges. All checks,payrolls, invoices, contracts, vouchers, receipts, leases, or other accounting documents pertaining in whole or in part to this Agreement shall ' be clearly identified and readily accessible. Bank statements and checkbooks must be reconciled monthly. Cash balances and proof of payment or payroll must ' be reported monthly. ' The Contractor agrees to have available in the Town of Southold, upon request, all its books, documents,papers, and records, relating to the project, for ' inspection, audit, and copying during normal business hours, by appropriate officials of the Town, or its duly authorized representative, concerning charges, fees, and costs under this Agreement. ' G.C.#4 Permits and Codes A. The Contractor shall give all notices required by, and shall observe and ' comply with all Federal and State laws, and Local by-laws, ordinances and regulations in any manner affecting the conduct of the work, and all such ' orders or decrees as may exist at present and those which may be enacted later, of bodies or tribunals having jurisdiction or authority over the work. G.C.95 Accident Prevention ' A. The Contractor shall exercise proper precautions and safety measures at all tunes for the protection of persons and/or property and shall be responsible for all injuries and/or damages to all persons and/or property, either on or off the site, which occur as a result of his prosecution of the work under this Contract. G.C. 3 G.C.#6 Insnection/Acceptance of the Work A. All materials and workmanship shall be subject to inspection, examination ' or test by the Town and the Engineer to determine the acceptability of the work at any and all times. G.C.#7 Review b, Town The Town, its authorized representatives, and agents shall at all times have access to and be permitted to observe and review all work, materials, and equipment. G.C.#8 Insurance A. Worker's Compensation- The Contractor shall carry, or require that there ' be carried, Worker's Compensation Insurance and Employer's Liability Insurance for all his employees and those of his subcontractors engaged in ' work on the site in accordance with State or Territorial Worker's Compensation Laws. G.C.#9 Safety Provision The safety provisions of applicable laws, building and construction codes, and the ' safety codes approved by the State Labor Commissioner shall be observed. G.C.#10 Subcontracts A. The Contractor shall not execute an Agreement with any Subcontractor or ' permit any Subcontractor to perform any work included in this Contract until he has obtained approval from the Town. G.C. 4 G.C.#11 Changes in the Work A. The Town may make changes in the work required to be performed 1 by the Contractor for the maintenance of the pump station under the Contract by making additions thereto, or by omitting work therefrom, 1 without invalidating the Contract. 1 G.C.#12 Suspension or Termination of Agreement 1 A. Remedies Other Than Termination: Should review of the Contractor's 1 performance show non-conformance to the Scope of Services, budget, or any other terms or conditions herein, the Contractor shall be in breach of this Agreement, and the Town may take appropriate action as it deems necessary, including but not limited to temporary withholding or reduction of payment, or suspension of program operations. The Contractor shall be liable for all costs, including attorney's fees, incurred by the Town in ' enforcing any and all terms of this Agreement. The selection of a remedy other than termination shall not prevent the Town from subsequently 1 terminating this Agreement as described herein. 1 B. Termination of Contract for Cause: If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this 1 Agreement, or if the Contractor shall violate any of the covenants, 1 agreements, or stipulations of this Contract,the Town shall thereupon have the right to terminate this Agreement by giving written notice to the 1 Contractor of such termination and specifying the effective date of such termination, at least five (5) days before the effective date of such 1 termination. In the event that the Contractor neglects or refuses to correct or cure said default to the satisfaction of the Town prior to said date, this 1 Agreement shall thereupon terminate. In such event, all finished or G.C. 5 i 1 unfinished documents,data, studies, and reports prepared by the ' Contractor under this Agreement shall, at the option of the Town, become its property, and the Contractor shall be entitled to receive just and ' equitable compensation for any satisfactory work or services rendered prior to termination. Not withstanding the above, the Contractor shall not ' be relieved of liability to the Town for damages sustained by the Town by virtue of any breach of this Agreement, all costs and attorney's fees incurred in enforcing this Agreement, and the Town may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Town from the Contractor is determined. ' C. Termination for Convenience of the Town: The Town may terminate this ' Agreement at any time by giving written notice to the Contractor. If this Agreement is terminated by the Town as provided herein, the Contractor ' will be paid an amount which bears the same ratio to the total compensation at the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments of compensation previously made;provided,however,that if less than sixty ' percent(60%) of the services covered by this Agreement have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the ' actual out-of-pocket expenses, not otherwise reimbursed under this Agreement, incurred by the Contractor during the contract period which are directly attributable to the uncompleted portion of the services covered by this Agreement. If this Agreement is terminated due to the fault of the Contractor, Section B hereof relative to termination shall apply. G.C. 6 G.C.#13 Engineer's Authority All work shall be subject to the review of the Engineer. The Engineer shall decide all questions as to interpretation of the plans, Specifications, and questions of mutual rights between Contractors. The Engineer shall decide on an acceptable rate of progress, on the manner of performance, and on the acceptable fulfillment of the Contract. G.C.#14 Materials and Workmanship ' A. Unless otherwise specifically provided for in the Specifications, all workmanship, equipment, materials and articles incorporated in the work ' shall be new and the best grade of the respective kinds for the purpose. ' G.C.#15 Risk of Loss ' The Town assumes no responsibility for the condition of existing buildings and structures and other property on the project area, nor for their continuance in the ' condition existing at the time of issuance of the Invitation for Bids or thereafter. No adjustment of Contract Price or allowance for any change in conditions which ' may occur after the Invitation of Bids has been issued will be made except as ' provided for herein. G.C.#16 Arbitration and Litigation Any controversy or claim arising out of, or relating to this Contract, or the breach thereof, shall at the option of the Town be settled by arbitration in accordance ' with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having ' jurisdiction thereof. The Town shall exercise its option to arbitrate concurrent G.C. 7 with the rendering of its final decision on the claim. Should it fail to render a final decision within the prescribed time or fail to exercise its option, the claim ' will be determined in accordance with the Rules of the American Arbitration Association as hereinbefore stated. ' G.C.#17 Performance Standards The Contractor agrees to carry out the provisions of this Agreement with highest ' professional skill and competence, in conformance with the reasonable performance standards established in the Technical Specifications, or as may be established by the Town during the term of this Agreement. All of the services required hereunder of the Contractor shall be performed to the sole satisfaction ' and approval of the Town as a condition of payment for the rending of such services. G.C.#18 Information, Reports and Documents ' The Contractor shall submit to the Town on a bi-monthly basis, in a format and at such dates as required by the Town, information concerning the progress and ' activities of this project as related to the Technical Specifications. In addition, comprehensive fiscal information shall be submitted as required by the Town, documenting all expenditures made as allowed by the budget. The Contractor shall submit information required by the Town as to all other funding sources ' which relates to the execution of this Agreement. The Contractor agrees that all of the information,reports and documents assembled by the Contractor under this Agreement are the property of the Town. The Contractor agrees that said documents and information contained therein shall not be made available to any individual or organization, other than authorized ' G.C. 8 governmental officials, without prior approval of the Town, except as required by State of Federal law. ' G.C.#19 Evaluation The Contractor agrees to participate in the periodic evaluation of the program. ' The Contractor agrees to cooperate fully with the Town in the implementation of a reasonable evaluation system. The Town agrees to share with the Contractor ' such data and reports as may be derived therefrom. The Contractor shall have an opportunity to review and comment on all drafts and final reports regarding ' recommendations the Town makes concerning future directions of the program, including termination, diminution, expansion, modification, or change of sponsorship. The Contractor agrees to comply with evaluation and information requirements including but not limited to site visits,program or fiscal audits, and periodic and ' annual reports. The Contractor shall comply with all recommendations and requirements of the Town resulting from such evaluations and audits which are ' deemed by the Town to be consistent with the provision of service under this ' Agreement. G.C.#20 Compliance with Law In all matters pertaining to the execution of the Agreement, the Contractor shall conform strictly to all Federal, State, and Municipal laws, statutes, ordinances, and the applicable rules and regulations, and any and all amendments thereto; and, to the methods and procedure of all governmental boards, bureaus, offices, ' commissions, and other agencies. G.C. 9 G.C.#21 Assignment or Novation r The Contractor shall not assign or transfer, whether by an assignment or novation, ' any of his rights, duties, benefits, obligations, liabilities or responsibilities under this Contract without the written consent of the Town. r G.C.#22 Indemnification of Town 1 ' The Contractor agrees to indemnify and save harmless the Town, its officers, agents, and employees against all suits, claims, or liabilities of every name and rnature arising out of or in consequence of the wrongful acts of the Contractor in the performance of this Agreement. r G.C.#23 Personnel r It is mutually agreed that this is a contract for services and not a contract of ' employment. The Contractor shall secure all personnel as may be required to perform the services described herein. Such personnel shall not be employees of, rnor have any contractual relationship with, the Town. The Contractor shall not be entitled to any Town of Southold employment benefits such as, but not limited to, rvacation, sick leave, insurance, worker's compensation, or pension and retirement ' benefits. No person who is serving sentence in a penal or correctional institute shall be employed on work under this Agreement. G.C.#24 Anti-Discrimination and Affirmative Action 1 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, or handicap. The Contractor shall take affirmative action to ensure that applicants rfor employment are employed, and that employees are treated during G.C. 10 r i employment, without regard to their race, color, religion, age, sex,national origin, ' or handicap. Such action shall include, but not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other form of compensation; and selection for training, including apprenticeship. The Contractor shall state that all rqualified applicants shall receive consideration for employment without regard to ' race, religion, age, sex, national origin, or handicap. The Contractor shall incorporate, or cause to be incorporated, this provision in any and all subcontracts rentered into pursuant to this Agreement. ' G.C.#25 Procurement Procedures and Rectirer„Pnts ' The Contractor shall conduct all procurement in a manner so as to provide maximum open and free competition, regardless of whether negotiated or advertised and without regard to dollar value. For purchases where the aggregate expenditure is expected to exceed$2,500,the required method of procurement ' shall be formal advertising with adequate purchase description, sealed bids, and public openings. Procurement of personal or professional services may be negotiated provided that a competitive process is used which considered all ' vendors and contractors reasonably available to provide such services. The Contractor's records and files must give full support to all procurement and provide justification for the method of procurement, the rationale for vendor selection, and the basis for the cost or price negotiated. All such records and files ' shall be made available to governmental officials for inspection upon request. The Contractor shall make positive efforts to utilize small businesses and ' minority-owned business sources of supplies and services. Such efforts should allow these sources the maximum opportunity to compete for contracts. 1 i G.C. 11 r � • i G.C.#26 Non-Expendable Prop-rty It is agreed that all non-expendable property acquired through expenditure of tfunds authorized by this Agreement will revert to the Town, unless otherwise 1 provided for, either at the expiration or earliest termination of this Agreement, or when, in the opinion of the Town Administrator, there is no longer a need for the ' property to accomplish the purpose for which it was intended, whichever first occurs. As used herein,the term "non-expendable property" shall mean any and all personalty or fixtures which will not be consumed or lose its identify, and which is expected to have a useful life of one (1) year or more. All non-expendable property acquired under this Agreement shall be listed on the Town inventory forms, a copy of which shall be forwarded to the Town at the termination of this Agreement, or at any other time required by the Town. Such property shall be tagged and numbered in a manner acceptable to the Town to easily identify it from any other property. Copies of invoices for the purchase of ' all non-expendable property shall be retained to provide documentation of purchase prices and description of property. ' G.C.#27 Disclaimer of Aagncv of Third Party Beneficiary Rights In no event shall anything in this Agreement be deemed to confer upon any third parties beneficiary rights against the Town. G.C.#28 Conflict of Interest The Town and the Contractor hereby covenant and agree that no member of the tgoverning body of the Town, or its designees or agents, and no other public official, either paid or unpaid, who exercises any functions or responsibilities with respect to this program during the individual's tenure or for one (1) year thereafter, G.C. 12 shall have any personal or financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. The Contractor shall incorporate, or ' cause to be incorporated, in all subcontracts, a provision prohibiting such interest pursuant to the provisions of this paragraph. 1 1 G.C.#29 Amendments This Agreement may be amended by written instrument executed by the parties ' hereto, acting therein by their duly authorized representative. Contractor's duly authorized representative shall be the Executioner of the Agreement, and the Town's duly authorized representative shall be its Town Administrator. The Town or the Contractor may request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of the compensation for the Contractor,which are mutually agreed upon ' by and between the Town and the Contractor, shall be incorporated in written amendments to this Agreement. G.C.930 Severability If any provisions of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such reminder would then continue to ' conform to the terms and requirements of applicable law. G.C.#31 Cumulative Remedies tAll rights exercisable by and remedies of the Town hereunder shall be cumulative and the exercise or beginning of the exercise by the Town of any of its rights or 1 G.C. 13 r i • • remedies hereunder shall not preclude the Town from exercising any other right or remedy granted hereunder or permitted by law. iG.C.#32 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York and the ordinances of the Town of Southold. G.C.#33 Gender and Number ' Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held and construed to include the plural, unless the Agreement requires otherwise. iG.C.#34 Notices All notices, approvals, demands, requests, or other documents required or permitted under this Agreement, other than routine communications necessary for the day-to-day operation of this program, shall be deemed properly given if hand ' delivered or sent by United States registered mail, postage prepaid. G.C.#35 Successors This Agreement, to the extent permitted herein, shall insure to the benefit of, and be binding upon, the parties hereto and any and all successors. G.C.#36 Entire Azreement i G.C. 14 i r This Agreement contains the entire understanding between the parties hereto and ' supersedes any and all prior understandings,negotiations, and Agreements, either written or oral, between them respecting the written subject matter. G.C.#37 Non-Waiver ' Any failure by the Town or the Contractor to insist upon the strict performance by the other of any of the terms and provisions hereof shall not be a waiver, and each 1 party hereto,notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the other, of any and all of the terms and 1 provisions of this Agreement and neither party hereto shall be relieved of such obligation by reason of the failure of the other to comply with or otherwise enforce any of the provisions of this Agreement. G.C.#38 Co=liance with the Immigration Reform and Control Act of 1986 ' The Contractor hereby agrees that he is aware of and has complied with the hiring and documentation requirements of the Immigration Reform and Control Act of 1986. The Contractor agrees that it has asked for and examined documentation in order to verify the legal employability of his employees and has executed the appropriate forms attesting thereto pursuant to the Act. ' The Contractor further agrees to indemnify and hold the Town harmless from any costs and/or penalties incurred, including but not limited to fines, attorney's fees and costs arising from a claim of violation of said Act. 1 G.C. 15 TECHNICAL SPECIFICATIONS ' FENCING ' The Contractor shall be responsible for supplying all labor and tools to perform the repair and maintenance of the fence enclosure on the pump station and wood rail fence at the community leach field. Maintenance of the pump station fence enclosure shall consist of the reattachment of any loose areas of fencing to support poles where required. Also included in this work is all labor necessary for adjustments to the gate to allow easy closure and locking of the pump station enclosure. Maintenance of the wood rail fence at the community leach field shall consist of the resetting or replacement of any displaced or broken wood rails and posts. All costs for labor for the maintenance of the above measures shall be included in the tyearly lump sump labor charge. All costs for materials shall be paid by the District in accordance with the General Condition for material payment. T.S. 1 1 i MOWING 1 The Contractor shall be responsible for supplying all labor and equipment including lawn mower and lubricating oils and fuel for same, and perform all operations to maintain the lawn Iareas adjacent to the pump station and within the community leach field area. The lawn areas shall be maintained in a neat, presentable condition and in a manner similar to residential lawn care. The lawns shall be mowed as required, and all deleterious material such as trash, branches, etc. removed and disposed of. The mowing operation shall also include the trimming of vegetation immediately adjacent to the chain link and wood rail fence to keep the fences clear of vegetation, and the removal of vegetation within the pump station enclosure. The work shall be initiated in the month of April or May, as required, and continue through the month of October as required. The Contractor shall be paid on a monthly basis, with each monthly payment for labor equal to one-seventh of his lump sum bid. T.S. 2 1 � i • BRUSH CLE R I I V CT ' The Contractor shall be responsible for the bi-yearly clearing of brush within the leach field areas on both the community septic system and for the three (3) cottages septic system. ' Brush shall be completely cleared to within 10' of all components of the septic system. The brush is to be cut to within 2" of the ground surface. The Contractor shall supply all labor and equipment to perform the above work. The Contractor shall dispose of all cut brush off site in an acceptable location as approved by the Engineer. All costs for equipment and labor to clear and dispose of the brush shall be included in ' the lump sum bid price for labor submitted by the Contractor. ' T.S. 3 D-BOX ADJI ISTMENTS The Contractor shall be responsible for supplying all equipment and labor and performing ' all operations in conjunction with adjustments to the D-boxes at the community and cinema ' septic systems. The D-boxes shall be cleaned and adjusted as needed to provide uniform distribution of effluent to all septic trenches. Please note that any work done to the septic system D-boxes should only be done by or under the guidance of an individual qualified to perform this work. The Contractor, if he is not qualified to perform these operations, will be responsible to ' obtain a subcontractor to perform this work. All costs for supplying necessary labor and materials including the services of a subcontractor if required, shall be included in the lump sum bid price for labor submitted by the ' Contractor. The Contractor is reminded to observe all necessary sanitary health and safety standards when performing this work. The Contractor shall supply written reports to the Engineer detailing any adjustments made to the septic system D-boxes. T.S. 4