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HomeMy WebLinkAboutBulkhead - Mattituck Creek i r OFFICE OF'I'OWN ,ChERK A, j TOWN OI�SOUTtIOLD JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK :r� (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 14, 1981 Balboa Insurance Company 620 Newport Center Drive Newport Beach, California 92660 re: Bond No. L05-055159 Gentlemen: This is to advise you that the Town of Southold is releasing Bond No. L05-055159 issued by your company on behalf of David J. Whelan Marine Construction, Inc. in the amount of $15, 600. 00 (Labor and Material Payment Bond) for removal and reconstruction of 75 ft . of damaged bulkhead at Mattituck, New York for the Town of Southold. Mr. Whelan has completed all work and has filed affidavits to the effect that all labor and materials have been paid by him. Very truly yours, Judith T. Terry Southold Town Clerk cc: David J. Whelan DAVID J. WHE IMIE C ° , INC. BOX 1058 EAST HAMPTON, NEW YORK 11937 (516) 324-2528 YNCliVED July S, 1981 Judith T. Terry JUL l � � Town Clerk Juin Road Southod, i Y 11971 mm an 9600 Dear i-rs. Terry: Enclosed you will find a_ statement certifying that the balance of the costs connected with the reconstruction of the bulkhead at P41ill Creel: for the Town of Southold, has been paid. Also enclosed is a voucher in the amount of ;; 750.00 which represents the balance due on the completed work. I hope that everything is in order for the release of this money but please feel free to .contact me if there is anything else necessary. Thank you -for being so helpful throughout this job and it has been, a pleasure to make your aquaintance. Enjoy your Summer! Verl,T truly yours, nary i . `ahelan Vice President F Oft.. ..................................................., MY.........ULY'...B.........193.1.. To...Da1viD j..•--U:LLA�...1ATI lL..CrO:�S�:&T�GuT•Q ,•••IanC....... Cl»Ia # Address.. ?n.. .4. °... ZIa ..:izl;L.. R..... 4V.s.t.JIa.TV.t'au,,.. tX..... 11937 Fed. I. D. No.1 nZ51.7.6 5..3.............. orSoc.Security No. ........................ - Balance on contract for the rec n tnucti n r , , Mill Creek Mattituck -;7 30 00 The undersigned (Claimant) (Acting on behalf of above named Claimant) does hereby certify that the (cross out one) foregoing claim is true and correct and that no part thereof has been paid,ex t as therein stated, and that the balance therein stated is actually due and owing. Dated .......�...�.................... .. 19..1.1..... . . .... .. . ... ....... . ... gesture ELA D.4��I J . H � , ETC* BOX 1058 EAST HAMPTON. NEW YORK 11937 (516) 324-2528 I certify that the following costs connected with the reconstruction of 75' of bulkhead for the Town of Southold at gill Creep, :iattitucIZ have Leen PAID: iTTACTORS: SUi,CO yILL: 500.00 3 A C-K OE ; 1 50. 00 Furthermore, I certify that there are no other outstanding bills connected with this job. 11/--ac DAVID J. :; 17/7, PRESIDENT a STATE OF NEW YORK � DEPARTMENT OF LABOR BUREAU OF PUBLIC WORK STATE OFFICE BUILDING CAMPUS ALBANY, N. Y. 12240 Schedule Type-HVY 1 HWY 30 Date 04/16/81 Refer to: PREVAILING RATE CASE NO. T/O Southold PRC 8002867- NAS/SUF 01 to: John H. Geideman ; NATURE AND LOCATION OF PROJECT: Consulting Engineer Reconst. exist. bulkhead Civil-Industrial-Marine Old Mill Rd/Mattetrick PO Box 416 Crk. ,T/O Southhold East Marion, NY 11939 Suffolk Co. Attached is as updated schedule of wage rates and supplements for the above project. These rates supersede any previous rates issued to you by the Bureau of Public Work for such job classifications on any projects in the counties indicated on this schedule. Supplemental Benefits Legend used In the "other supplements" column of the Prevailing Rate Schedule: A. Health 8 Welfare (includes hospital C. Supp. Unemployment Benefits I. Annuity Fund surgical or medical insurance or D. Scholarship Fund J. Benefit Fund benefits, life Insurance or death E. Paid Holidays K. Security Savings benefits, accidental death or dis- F. Education Fund memberment Insurance). G. Vacation L Holiday Pay B. Pension H. Apprentice Training M. Other r Very truly yours, Nicholas Valentine, Jr. DIRECTOR NOTICE TO CONTRACTING AGENCIES Upon cancellation or completion of this project, enter the necessary information .and return this page to any of the addresses listed below: PROJECT HAS BEEN Date Comp I dted .I-WPril 10, 1981 Date Cance l d Title Southold Town Clerk Contracting Agency Town of Southold WHEN ANY PROJECT IS COMPLETED OR CANCELLED, NOTIFY THE NEAREST DISTRICT OFFICE OF THE BUREAU OF PUBLIC WORK. (see addresses below). State Office Bids. Campus, A l bany N. Y. 12240 65 Court St. , Buf fn l o N. Y. 14202 15S Main Street West, Rochester N. Y. 14614 44 Hawley St— Binghamton N. Y. 13901 175 Fulton Ave— Hempstead N. Y. 11550 333 East Washington St—Syracuse N. Y. 13202 207 Genesee St. , Ut i Ca N. Y. 13501 30 Glenn St. , White Plains N. Y. 10603 PW-200. 1 (6-80) INC. DAVID J. WHE y MARINE CONST , BOX 1058 EAST HAMPTON, NEW YORK 11937 (516) 324-2528 I certify that the costs connected with the reconstruction. of 75' of bulkhead for the Town of Southold at Mill Vtm4k, Mattituck are as follows ; MATERIALS : $7817.04 LABOR : $1050.21 SUBCONTRACTORS: FILL: $ 500.00 BACKHOE : $ 487.00 DAVID 4. iELAN PRESIDENT DAV ID j. WHEL N MARINE COMITRUAN , INC . BOX 1058 EAST HAMPTON, NEW YORK 11937 (516) 324-2528 I certify that the following costs connected with the reconstruction of 75' of bulkhead for the Town of Southold. at Mill ftmdl�, Mattituck have been PAID;: MATERIALS: 7817.04 Labor: 1050.21 Sub. Backhoe : 337.00 L1114 i DAVID J . WHELAN PRESIDENT OFEI O K TO,, VN d 6AL JUDITH T.TERRY y >~F U TELEPHONE TOWN CLERK r, (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 9, 1981 Mr. David J. Whelan Marine Construction, Inc. Box 1058, Mile Hill Road East Hampton, New York 11937 Dear Mr. Whelan: With reference to your request for full ;payment on your contract with the Town of Southold for the reconstruction of the bulkhead at Mill Road, Mattituck, there are certain conditions of the contract that you must fulfill. Page 9 - (g) Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Town of Southold and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. In view of the fact you have not requested, nor received a partial payment as per the contract, and there is a provision for the Town to retain five per- cent of the amount of each estimate until final completion and acceptance of all work covered by the contract, please submit to this office your total payroll costs, material costs and other indebtedness connected with the bulkhead construction and a determination will be made as to how much you will receive at this time. Very truly yours, Judith T. Terry Southold Town Clerk .INSPECTION REPORT • RECEIVED TO: Raymond C. Dean, Superintendent All 91981 NO._ 67 Town Highway Department Town C►erk Souttiold DATE : April 6, 1981 Southold, New York 11971 FROM: John W. Davis RE: BULKHEAD ON MATTITUCK CREEK (At Old Mill Inn) COMMENTS : All work as shown on the working drawing for bulkhead was finished today. Wales and splice blocks , staving, tie rods , bolting, etc. were installed as per specifications . 13 acceptable piles were placed and tops trimmed and edge mitred to even elevation. Alignment of bulkhead is good. Bulkhead staving placed (including offset) is 75 . 8 ft. Backfill material was mixture of sand, loam and small gravel. Backing piles were creosoted pile cutoffs with 12"+ butts , as agreed. Certification for the 2. 5 lb. C. C.A. treatment for the piles , wales and staving is being forwarded by the contractor. The above bulkhead work by the Whelan Marine Construction firm is satisfactory and acceptable. C. C. L. M. Tuthill, P.E. APR SOUTHOLD TOWN HWY. ..............................I N. Y.,...........................19...... TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N. Y., Dr. � '►��V.u � :Claimant Address. ox.... oV....... U..lf ' dFAt AMPA)2 0 Fed. I. D. No. -/I............................... or Soc. Security No. ........................ FTFRe c. ns�-ru c r OT ' bu )k hea Mi 1 C Ree McA4_ -Iz+e N o — De r c0nv(vvi of of O ) � i TA L J 6� !1 The undersigned ( (Acting on behalf of above named Claimant) does hereby certify that the (Cross out one) foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and owing. Dated ....... ...... ... ., 19.. ..r.. \L�!J:.. 1/. . ... Signature • INSPECTION REPORT TO: Raymond C. Dean, Superintendent NO. 166 Town Highway Department DATE: March 23, 1981 Southold, New York 11971 FROM: John W. Davis - RE: BULKHEAD ON MATTI'M CK CREEK (At Old Mill Inn) COMMENTS : Progress as of 3/23/81: 12 piles placed - one more pile to complete Upper and lower wales in place Staving in place except for last 141 at south end closing two small openings. Bolting piles to wales not complete some bolting done an upper wales. Work to date satisfactory. Backing piles on site - appear to be creosoted cutoff piles with 1211 butts - should be satisfactory. No crew on site today (3:00 P. M.). C. C. L. M. Tuthill, P.E. s MAR 2 5 1981 , 2jMAR 2A1981 SOUTHOLD TOWN HWY. j xn • Y� _ 1 • RECEIVED JAN 7 1981 Town soutliad 77o January 7, 1981 Town of Southold Main Road Southold, New York 11971 Re: David J. Whelan Gentlemen: Enclosed herewith are the corrected Certificate of Insurance for the above captioned. These supersedes all prior Certificates, and provide coverage as descirbed in his contract. 7 G Pe• e--C. Osborne PCO:kc Encls. OEM MrSTA ravrea ire: -- �• � aa�+�:iZx.R•z.]:at_�irx:i�:��•iia•;r�e�s�srr-ir�ai•I�r-r�r•�ar.�a.�,�rri anr•�as•] NAME AND ADDRESS OF AGENCY - - -- -- COMPANIES AFFORDING COVERAGES American Foreign Facilities Ltd. -- 16 So. Central Avenue COMPANY Valley Stream, New York 11580 LETTER A -ThtfAmnif-ij pang COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY David J. Whelan LETTER P.O. Box 1058 COMPANY D East Hampton, New York 11937 LETTER COMPANY - LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. ---COMPANY POLICY Limits of Liability in Thousands ) TYPE OF INSURANCE POLICY NUMBER -----_-- LETTER EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY $ $ ❑COMPREHENSIVE FORM ❑PREMISES-OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE Fl HAZARD ❑UNDERGROUND HAZARD -'�----- ❑PRODUCTS/COMPLETED ❑ OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE i $ _ EXCESS LIABILITY COMBINED - - BODILY INJURY AND F-1UMBRELLA FORM PROPERTY DAMAGE $ $ E] OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and - EMPLOYERS'LIABILITY $ (EACH ACC i DENT' OTHER - A EXCESS G.L., B.I. Unassigned 12/5/81 $700,000 B.I. EXCESS of ONLY -- -- $3.00,000_ B.Z. DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES Wharf Building/Pile Driving Cancellation: Should any of the above descr!'bed policies be cancelled before the expiration date thereof, the issuing com pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Southold Town DATE ISSUED: 12/11/80 --- Main Road i Southold, New York / AUTHORIZED REPRE ENTATIVE ACORD 25 (Ed.-II-77) _ • • . iCliZ•I�ilf(7T�i'IZ•7sPlatt[N!•t*1N7tta9�•�•iz/'lalsnrsoi'>�ry.� •P.= - - NAME AND ADDRESS OF AGENCY ---- - - - - - -- ---- - -The Osborne Agency Inc. COMPANIES AFFORDING COVERAGES Drawer I ' - - -_ East Hampton, New York '11937 ETTER"Y A Hartford Insurance Company COMPAN LETTER Y B :The .State Insurance Fund v NAME AND ADDRESS OF INSURED T� COMPANY David J. ,Whelan LETTER P.O. Box 1058 COMPANY D East Hampton, New York '11937 LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this 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. ---COMPANY PDl lcv Limits of Liability in Thousands(000) TYPE OF INSURANCE POLICY NUMBER - LETTER EXPIRATION DATE EACH - - -- OCCURRENCE AGGREGATE GENERAL LIABILITY A ®COMPREHENSIVE FORM 1�1 2 C BB5740 01/01/82 BODILY INJURY $ 300,0 ❑PREMISES—OPERATIONS PROPERTY DAMAGE $ 100,Om 10O,0 EXPLOSION AND COLLAPSE F-1 HAZARD ❑UNDERGROUND HAZARD - ®PRODUCTS/COMPLETED ❑ OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑OWNED (EACH ACCIDENT) HIRED PROPERTY DAMAGE $ El BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ EXCESS LIABILITY COMBINED UMBRELLA FORM BODILY INJURY AND ❑ PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and - B EMPLOYERS'LIABILITY 657 409-0 01/04/82 $ (EACH ACrtDE NT1 OTHER -_- DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail c days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: 01/07/81 Southold Town DATE ISSUED Main Road Southold, New York 11971 � -- - AUTHOR4Hb RESENTATIVE ACORD 25(1-79) K JUDITH T.TERRY / TELEPHONE TOWN CLERK ( (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: December 30, 1980 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617. 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION Proposal by the Town of Southold for reconstruction of bulkhead at Mill Road, Mattituck, New York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation, it is assumed that there is no objection nor comments by that agency. Further information can be obtained by contacting Mrs . Judith T. Terry, Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Copies to: Commissioner Robert F. Fla(*, DEC, Albany David DeRidder, DEC, Stony Brook Building Department, Town of Southold Southold Town Trustees Southold Town Conservation Advisory Council Town Clerk Bulletin Board THIS AGREEMENT, made and entered into this 12th day of December 1980, by and between the TOWN OF SOUTHOLD, a municipal corporation organized and existing under and by virtue of the laws of the State of New York, in the County of Suffolk (hereinafter called the Town, party of the first part, and Whelan Marine Construction, Inc. (hereinafter called the Contractor), party of the second part. WITNESSETH, that the parties of these presents, each in consideration of the agreement on the part of the other herein contained, have agreed and hereby agree, the party of the first part for itself, its successors and assigns, and the party of the second part, for itself, himself, his heirs, executors, successors and assigns, as follows: 1. The Contractor will, at the Contractor's own sole cost and expense, furnish all labor and services and all material for the reconstruction of approximately 75 lineal feet of bulkhead along the easterly side of Mill Road adjacent to Mattituck Inlet at Mattituck, New York, and will construct, complete and finish the same in the most thorough, workmanlike and substantial manner, and in every respect to the satisfaction and approval of the Town in the manner and within the time limited, and in strict accordance with the Notice to Bidders, Proposal and Specifications hereunto annexed, which Notice to Bidders, Proposal and Specifications are hereby made a part of this contract, as fully as if the same were repeated at length herein. 2. All work under this contract shall be done to the satisfaction of the Town, which shall at all times have access to the work and which may order the dismissal of such workmen as it may deem incompetent or careless, or may require the Contrac- tor to remove from the premises such materials or work as in the Town's opinion are not in accordance with the Specifications, substitute therefor, without delay, other work and materials, and the expense of doing so and of making good other work dis- turbed by the change, shall be borne by the Contractor. The Town shall also deter- mine the amount, quantity, acceptability and fitness of the several items of work and material which are to be paid for hereunder. The Town shall also determine whether the said Specifications have been fully complied with by the Contractor. The deter- mination of the Town in all of such matters shall be final and binding upon the parties hereto. Such determination, ,in the event that any question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. 3. Should anything be omitted from the Specifications which is necessary for a clear understanding of the work, or should error appear either in the various instruments furnished or in the work done by other contractors affecting the work covered hereby, the Contractor shall and will promptly notify the Town, and in the event of the Contractor's failure so to do, he shall and will make good any damage to or defect in the work caused thereby. 4. The Contractor shall, at his own cost and expense, provide any and all manner of labor, material, apparatus, appliances, utensils, tools, machinery and whatever else may be required of every description necessary to do and complete the work, and shall be solely answerable for the same and for the safe, proper and lawful construction, maintenance and use thereof. The Contractor shall cover and protect the work from damage, and shall make good all injury to the same appearing before the completion of the work provided for herein. -2- 5. Neither the Town nor any of its officers, agents or employees shall in any manner be answerable or responsible for any loss or damage that shall or may happen to the said work or to any part or parts thereof, or to any materials. loading equip- ment or any property that may be used or employed therein, or placed upon the grown during the process of the work, nor shall it be in any manner answerable or responsible for any injurydone or damage or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees of the Contractor or otherwise, or for damages to any property, whether belonging to the Town onto others, appearing duringor resulting from-the said work. Against all such injuries, damages and compensation, the Contractor shall and will properly guard. The Contractor shall also, at all times, indemnify and save the Town and its officers, agents and employees harmless against all such injuries, damages and compensation arising or resulting from causes other than its negligence. 6. The Contractor agrees that it shall, pursuant to the Workmen's Compensa- tion Law of.the State of New York, secure the payment of compensation for the benefit of all employees who may be injured or suffer disability in the work contracted to be performed under this contract, and for the benefit of the dependents of such employees. The Contractor shall continue to secure the payment of such compensation during the life of this contract. In the event of the failure of the Con- tractor to secure compensation to the employees and their dependents as aforesaid, or in the event of the failure to continue the securing of such compensation during the life of this contract, the contract shall be and become void and of no effect, and the Contractor shall forfeit to the Town all payments provided under the contract and the value of all work done and materials rendered thereunder. -3- 1 7. The Contractor and each subcontractor or other person doing or contracting to do any work contemplated by this contract shall comply with all laws, ordinances and regulations in any manner affecting the work or performance of this contract, whether or not such laws, ordinances or regulations are mentioned herein and shall indemnify and save harmless the Town and its officers, agents and employees against any claim or liability arising from or based upon the violation of any such law, ordinance or regulation. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. Without in any manner limiting the foregoing provisions hereof, attention is particularly directed to the applicable provisions of Article 8 of the Labor Law (wages, hours, statements showing amounts,due for wages, discrimination, preference in employment, minimum rate of wages, etc. ), and Article 5-A of the General Municipal Law (Public Contracts), which said provisions of law are incorporated herein by reference. Prevailing wage rates are attached hereto and form a part hereof. 8. The Contractor shall secure and take out at his own expense all necessary certificates, authorizations and permits from the municipality or other public authorities required in connection with the work contemplated by this contract or any part thereof, and shall give all notices required by law, ordinance or regulation. He shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this contract. -4- II 9. The Contractor in entering into this agreement, understands that the Town reserves the right to modify the same with respect to the arrangement, character, alignment or nature of the work or of appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modification when ordered in writing by the Town, and the same shall not vitiate or void this contract. Any such modification so made shall not, however, subject the Contractor to increased expenses without equitable compensation, which shall be determined by the Town. If such modifications or any part thereof, result in a decrease in the cost of work involved, an equitable deduction from the contract price, to be determined by the Town, shall be made. The Town's determination of any such additional compensation or of any such deduction shall be based upon the bids sub- mitted and accepted. In any event, no modification of the work described in the Specifications shall be made, unless the nature and expense thereof have first been certified by the Town in writing and sent to the Contractor. 10. Neither the Town nor any of its officers, agents or employees, nor any order by the Town for the payment of money, nor any payment for, or acceptance of the whole or any part of the work by the Town, nor any extension of time, nor any possession taken by the Town, its officers, agents or employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Town, or any right to damages herein provided; nor shall any waiver of any other provision of this contract be deemed to be a waiver of any other or subsequent breach. Any remedy provided in this contract shall be taken and construed as in addition to each and every other remedy herein provided; and in addition to all other suits, actions • wh or legal proceedings, the Town shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of this contract. 11. In case of unnecessary or inexcusable delay in the general conduct of the work or in the event of an actual or practical abandonment of the work, the Town will notify the Contractor or his bondsman in writing to that effect. If the Contractor or his bondsman shall not within six (6) consecutive days thereafter take such measures as will, in the judgment of the Town, insure a satisfactory completion of the work in the time specified, the Town may then notify the aforesaid contractor and his bondsman to discontinue all work under this contract, and it is hereby agreed that the Contractor, and his bondsman shall immediately respect such notice and stop work, and cease to have any right to possession of the premises whereon said work is being performed. The Town shall thereupon have the power and authority to cancel the contract, and to relet the work or any part thereof or to employ such persons and equipment as it may deem advisable by contract or otherwise, to complete the work herein described, and to use such material as it may find upon the premises, and to procure other materials for the completion of said work. All expenses of such completion of the work, includ- ing the additional payments to be made to the persons completing the same, and any other claims arising under this contract, shall be deducted and paid by the Town out of such moneys as may then be due the said Contractor or which may thereafter become due under and by virtue of this agreement or any part thereof. In case such expense is less than the sum which would have been payable for such work under this contract if the same had been fully completed by the Contractor, he shall be entitled to receive the difference; in case such expense is greater, the Contractor shall pay the amount of such excess so due. -6- 12. Each and every employee of the Contractor, and each and every subcontrac- tor engaged in the said work, shall, for all purposes, be deemed and taken to be the exclusive servants of the Contractor and not for any purpose in any manner in the employment of the Town. The Contractor shall in no manner be relieved from responsibility or liability on account of any delay in the execution of the said work, or of any part thereof, by the acts or omissions of any such employee, or any sub- contractor, or any materialmen whatsoever. 13. The Town shall pay, and the Contractor shall receive, the prices stipulated in the proposal hereunto annexed, as full compensation for everything furnished and done by the Contractor under this contract. Such payment shall be made by the Town as follows: (a) On not later than the fifth day of every month the Contractor shall submit a requisition covering the percentage of the total amount of the con- tract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Town. (b) Not later than the fifteenth day of each calendar month after date of notice to proceed with work at the site, the Town will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Town will retain five percent (51o) of the amount of each such estimate until final completion and acceptance of all work covered by this contract. (c) No partial payment will be made for any materials or equipment until they are incorporated in the work except that fifty percent (5016) of the -7- estimated value may be allowed for manufactured materials delivered at the construction site and properly stored and protected, provided however, that the Contractor if so requested by the Town shall furnish written evidence that he is the unconditional owner of such manufactured materials. (d) All work covered by partial payments made shall thereupon become the sole property of the Town, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require the fulfillment of all of the terms of the contract. (e) Before any payments will be made under this contract, the Town reserves the right to require that the Contractor and all sub- contractors shall submit written verified statements, in satisfactory form, certifying in detail to the amounts then due and unpaid by such Contractor and subcontractor to all laborers for daily or weekly wages on account of labor performed upon the work under this con- tract, or to other persons for materials, equipment and supplies delivered at the site of the work. The term "Labor" as used herein shall include workmen and mechanics. (f) Upon completion of the project, the Town Engineer shall make a final inspection for approval of all the work done under this contract -8- and shall, within fifteen days after the acceptance of the work by the Engineer and the Town, prepare a final certificate of the work done and the value thereof. The Town shall upon approval of the final certificate, promptly pay the Contractor the entire sum so found due thereunder after deducting all previous payments and all percentages and amounts to be kept and retained under provisions of this contract. All prior partial payments shall be subject to correction in the final estimate and payment. (g) Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Town and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. 14. The Contractor, during the term of this contract, shall provide owners' protective liability and contractor's public liability and property damage insurance to be written by an insurance company authorized to do business in the State of New York and approved by the Town, such policies to be in amounts of not less than $1, 000, 000 with respect to claims arising out of any one accident resulting in bodily injury to or death of any one person, and in amounts of not less than $1, 000, 000 with respect to claims arising out of any one accident resulting in bodily injury to or death of more than one person, and in an amount of not less than $100, 000 against claims arising out of any one accident resulting in property damage, all protecting the Town and the Contractor against injuries or damage to persons or property caused by or resulting from the execution of the work or in consequence of any improper materials, imple- ments, equipment or labor used therein, or due to any act, omission or neglect of the Contractor or his agents and employees or subcontractors. -9- 15. The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of his right, title or interest therein, or his power to execute the same, to any other person or corporation without the previous consent in writing of the Town. In the event that the Contractor shall violate the provisions of this paragraph, the Town shall revoke and annul the contract and the Town shall be relieved and discharged from any and all liability and obligations growing out of such contract to such Contractor, and to the person, or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and such Contractor, and his assignees, transferees or sublessees shall forfeit and lose all moneys, therefor earned under this contract, except so much as may be required to be paid to his employees. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto, and these presents to be signed by the Supervisor of the Town of Southold and the Contractor has hereunto set his hand and seal the day and year first above written. TOWN OF SOUTHOLD ByC� ic> William R. Pell III, Supervisor )F hal — David J. W441an, President Whelan Ma ne Construction Inc.. -10- STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) On this 12th day of December 1980, before me personally came WILLIAM R. PELL III, to me personally known, who, being by me duly sworn, did depose and say that he resides at 530 Anglers Road, Greenport, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Southold Town Board, and that he signed his name.thereto by like authority. UDITH T TERRY �NTofary Pu c NOTARY PUP_!C, State of New York STATE OF NEW YORK) No % 03,14963 SUffolk County�� Comrr:ission Expires March 30, ss. : (Acknowledgment for Individual Contractor) COUNTY OF SUFFOLK) On this day of , 1980, before me personally came to me known and known to me to be the individual described in an who executed the above instrument, afid he acknowledged that he executed the same. Notary Public -11- • .f. L_ STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : (Acknowledgment for Corporate Contractor) On this 12th day of December 1980, before me personally came David J. Whelan to me personally known, who, being by me duly sworn, did depose and say that he resides at Mill Hill Road, EastHamption, New York that he is the president of Whelan Marine Construction, _ Inc the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. lic JUDITH T TERRY NOTARY FUEL-IC, State of New York No. 52 034496-11 Suffolk Count Cornrli „ r. Expires March 30,Q1 -11- •rn • PREVAILI14G RATE SCHEDULE • State of New York Case NumUer Bureauof Department of Labor Public Work 8002867 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) CC) (D) through (M) CORE DRILLER Core Uri I ler 11/17/79 9. 905 1. 00 . 74 G-. 19 Helper 11/17/79 8. 645 1. 00 . 74 G-. 19 ELECfRICIAti Electrician 7/2/30 14. 55 7'/.+. 35 5 1/2% . 25 GEL- 8 1/2%, H-5/8%, I-9%, J-3% Appr. 1st term 7/2/80 5. 82 7)(+. 35 5 1/2'/. . 25 G&L- 8 1/2'/., H-5/8%, IRONWORKER Ironworker-Structural 2/1/80 12. 50 1. 86 2. 00 G-1. 60, H-. 11, I-1. 85 Appr. 1st -term 2/1/80 7. 03 1. a6 2. 00 G-1. 60, H-. 11. I-1. 85 Rei nforci ng-(Lather) 2/1/80 12. 61 1. 32s . 985 D-. 02, G-. 75, H-. O1, I-1. 10 Appr. 1st Term 2/1/80 3. 85 1. 325 . 985 D- 02 H- 01 Ironworker-Or namenta I 2/1/80 11. 53 1. 51 1. 55 I-1. 50 -Chain Link 2/1/80 11. 53 1. 51 1. 55 G-1. 00, H- 14, 1-1. 50 Fence "Appr. 1st term 2/1/80 6. 91 1. 51 1. S5 G-1. 00, H-. 14. I-1. 50 MASON Bricklayer 7/1/80 12. 00 1. 48 1. 93 H-_ 02, I-2. 05 Appr. 1st term 7/1/80 6. 00 1. 11-8 1. 93 H- 02, 1- 50 PAINTER Pai rater-Brush 9/1/79 10. 92 1. 04 1. 04 G- 33, 1- 71 Scaffold/Spray 9/1/79 13. 26 1. 26 1. 26 G-. 405. 2-. 71 Appr. 1st term 9/1/79 6. 55 . 62 . 62 G-. 20, I-. 25 Nassau Co. (N of L. I. E. to Pt_ Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Pai nter-Brush 5/1/80 10. 82 1. 29 2. 30 G-. 70, H-. 05 Appr. 1st term 5/1/80 5. 41 1. 29 1. 15 G-. 35. H-. OS Scaffold/Spray 5/1/80 12. 37 1. 29 2. 30 G-. 70, H-. O5 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 11/19/79 13. 2S 1. 72 1. 855 H- 07 Power Tool , Spray 11/19/79 14. 25 1. 85 1. 995 H-_ 07 Sandblaster( steel ) 11/19/79 14. 25 1. 85 1. 995 H-. 07 Appr. 1st -term 11/19/79 6. 50 845 . 91 H-. 03 Nassau Co. -Entire County ------------------------------ Painter Brush 5/1/II0 11. 03 3. 15 85 G-. 50, H- 21 Steel /Bridge 5/1/80 13. 67 3. 15 . 85 G-. 50. H-. 21 Spray 5/1/80 12. 35 3. 1s . 85 G-. 50, H-. 21 Appr. 1st term 5/1/80 S. 73 1. 90 85 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 8/1/79 11. 85 . 130 1. 95 13-1. 30, H- 47, 1- 57 Appr. 1st term 8/1/79 4. 74 53 1. 24 G-. 70. H-. 28. I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 2/1/80 12. 1S 1. 0s 1- 39 G-1. 10, H-. 25 Appr. 1st term 2/1/80 4. 86 . 42 . 56 G-. 44, H-. 10 Nassau Co. TEAf•'STER Truck Driver Excavation 2/1/80 9. 87S 1. 462S 2. 602S I-. 30 Euc I i d 2/1/30 10. 27S 1. 4625 2. 602S I-. 30 Other 2/1/80 8. 325 1. 462S 2. 25 WELDER Welder To be paid the rate of the mechanic Performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 21 ( 7/3/80 ) I ► ' • PREVAZLZtiG RATE SCHEDULE 'f r, State of New York Case Number Bureau of Department of Labor Public Work 80O2867 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS a 1 i rig OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare cion unemp. rate (A) (.B) (C) (D) through (M) CARPENTER Carpenter (H/H) 2/1/80 12. 69 1. 70 1. 03 G-. 95, H-. 05, I-. 75 Appr. Is-t term 2/1/80 6. 98 1. 70 1. 03 13- 95, H- 05, 1-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 2/1/80 12. 80 1. 50 1. 49 G-- SS- H- 06 Appr. 1st term 2/1/80 6. 40 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 2/1/79 12. 8S 1. 33 1. 71 G-. 90, H-. 06 Appr. 1st term 2/1/79 6. 40 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui lder 2/1/80 12. 59 1. 70 1. 03 G-1. 01, H-. 05, I-. 7S Appr. 1st term 2/1/80 6. 92 1. 70 1. 03 G-1. Ol. H-. OS, I-. 75 ------------------------------ Ti mberman 2/1/80 11. 6s 1. 70 1. 03 G-. 95, H-. OS, I-. 7S I. Helper 2/1/80 10. 14 1. 70 1. 03 G-'. 9S, H-. OS, I-. 75 ELECTRICIArJ-FC(GFlWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electri ci an 6/1/80 12. 30 a% 4 1/2% G & L-6 1/2'/., I-7'/. .. Appr. 1st term 6/1/80 4. S7 8% 4 1/2% H-5/8'/., J-3%G & L-6 112V- 1-7%. H-S/8'/., J-3'/• LARORER(HVY/H'4Y) Laborer7--(H%H) Bas ic, Concrete, Jackhammer 2/1/80 8. 50 10 % 13 % G-. 75 Pipelayer, Land- Scape. Trackman 2/1/80 8. 50 10 V. 13 '/. G-. 7S Power Tool 2/1/80 8. SO 10 % 13 % G-. 75 Asphalt Raker, Form Setter 2/1/80 9. 10 10 % 13 % G-. 75 Asphalt Shoveler- and hovelerand Tamper 2/1/80 8. 90 10 % 13 '/. G-. 75 MASON Cement Finisher 2/1/80 12. 60 2. 19 2. 02 H- 01 Appr. ls•t term 2/1/80 6. 30 2. 19 2. 02 H- 01 STRIPER Striping Mach. Oper 5/1/80 9. 80 . 59 . 69 G- 168 Li nerman 5/1/80 10. 30 . 62 . 71 G- 72 TREE TRIMMING Tree Trimmer 12/2/79 8. 43 . 34 . 2S 1st 6mo 12/2/79 5. 51 . 34 _ 25 GroundMan, Driver- 1st 6mo 12/2/79 6. 07 . 34 . 2S Driver 2nd 6mo 12/2/79 6. 36 . 34 25 Driver after 1 yr. 12/2/79 6. 95 . 34 . 2S TREE REMOVAL & LANDSCAPING Landscape Laborer 2/1/80 8. 50 10'/. 13% G-. 75 Mu I chi ng Machine Oper. 2/1/80 11. 495 9'/. of 2. 00 . 20 G-1- 00, H- 15, M-. 10 rate+vac. Stump Chipper Mach. 2/1/80 10. 47 9% of 2. 00 . 20 rate+vac. Truck Driver 2/1/80 8. 325 1. 462S 2. 2S WELL DRILLER We II I Dri I I er 3/1/80 10. 55 7% 2. 00 G- 40 Helper 3/1/80 8. 85 7'/. 2. 00 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 21 ( 7/3/80 ) '4c�ob & PREVAILI?IG RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8002II67 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS Effect_ wage health date basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chi e f 7/1/80 12. 16 . 90 70 F-. 05, G-. 70, I-1. 50 Instrument Man 7/1/80 10. 21 . 90 70 F-. O5. G-. 70, I-1. 50 Rodman/Cheri nman 7/1/80 8. 91 . 90 . 70 F-. 05, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 POWER EQUIPMENT OPERATOR (H/H) Asphalt Spreader 271/no 12. 68 9/ of 2. 00 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 05 hourly Boring Machine 12. 62 rate + Bulldozer 11. 87 vac. Compressor-Single 11. 495 Compressor-2 or more in battery 12. 10 Concrete Pump 12. 14 Concrete Spreader 12. 68 Concrete Breaker 10. 78 Conveyor 11. 87 Crane 12. 68 Locati on, Effecti ve Date and Draglitie 13. 05 Supplemental Benefit Payments Finishing Machine 11. 87 are the same for all Power Equipment Fi roman 11. 87 Operators. Generator 11. 79 Grade-A l 1 Oper. 13. 0s Grader 12. 08S Front End Loader 12_ 11,05 Mai nt. Eng. 11. 87 Mul chi rig Machi no 11. 495 Oi ler 10. '1,7 Pi ledri ver 13. OS Post Driver (Guard Rail ) 12. G2 Power Broom 10. 925 Pump (Under 4") 11. 495 Pump (Over 4") 11. SII Ridge Cutter 10. 78 Roller - 5T & Under 11. 87 Roller - Over 5 Ton 12, 22 Scraper 11. 87 Shovel 13. 05 Stump Chipper 10. 11,7 Tractor-Caterpillar or Wheel 10. 255 Track Tamper 10. 47 Trenching Machina 12. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 21 ( 7/3/80 ) O K JUDITH T.TERRY TOWN CLERK TELEPHONE REGISTRAR OF VITAL STATISTICS (516) 765-1801 Southold, L. I., N. Y. 11971 December 12, 1980 Received, this date, $780. 00 bid deposit check in connection with bid for the reconstruction of b head at Mill Road, Mattituck, New York. d J. W Ian, Pr,6siden Whelan Ma ne Construction Inc. PERMIT NO. NEW YO*TE DEPARTMENT OF ENVIRONMENTAL CONSERVA* TW 15272-0130 PERMIT UNDER THE ENVIRONMENTAL CONSERVATION LAW X ARTICLE 15, (Protection of Water) ARTICLE 25,(Tidal Wetlands) ARTICLE 24, (Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO Town of Southold By: David J. Whelan Marine Construction ADDRESS OF PERMITTEE. Main ad' Southold, NY' 1193`7' East Raunptdn, New York 11937 LOCATION OF PROJECT(Section of stream, tidal wetland,dam, building) Mat.tituck Creek. _ DESCRIPTION OF PROJECT Replace 75 ± l.f. of timber bulkhead in same location and configuration. Project site is at end of Town right of way for Mill Road COMMUNITY NAME(City,Town, Village) TOWN Mattituck I Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk 12/31/81 GENERAL CONDITIONS 1. The permittee shall file in the office of the appropriate Regional 8. That the State of New York shall in no case be liable far,any damage Permit Administrator, a notice of intention to commence work at least 48 or injury to the structure or work herein authorized which may be caused by or hours in advance of the time of commencement and shall also notify him result from future operations undertaken by the State for the conservation or promptly in writing of the completion of the work. improvement of navigation, or for other purposes, and no claim or right to 2. The permitted work shall be subject to inspection by an authorized compensation shall accrue from any such damage. representative of the Department of Environmental Conservation who may 9. That if the display of lights and signals on any work hereby authorized order the work suspended if the public interest so requires. is not otherwise provided for by law, such lights and signals as may be pre- 3. As a condition of the issuance of this permit, the applicant has ac- scribed by the United States Coast Guard shall be installed and maintained cepted expressly, by the execution of the application, the full legal respon- by and at the expense of the owner. sibility for all damages, direct or indirect, of whatever nature, and by whom- 10. All work carried out under this permit shall be performed in accor- ever suffered, arising out of the project described herein and has agreed to dance with established engineering practice and in a workmanlike manner. indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to 4. Any material dredged in the prosecution of the work herein permitted continue, rescind or modify this permit in such a manner as may be found to shall be removed evenly, without leaving large refuse piles, ridges across the be just and equitable. If upon the expiration or revocation of this permit, the bed of the waterway or flood plain or deep holes that may have a tendency to modification of the wetland hereby authorized has not been completed, the cause injury to navigable channels or to the banks of the waterway. applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, 5. Any material to be deposited or dumped under this permit, either in remove all or any portion of the uncompleted structure or fill and restore the the waterway or on shore above high-water mark, shall be deposited or dumped site to its former condition. No claim shall be made against the State of New at the locality shown on the drawing hereto attached, and, if so prescribed York on account of any such removal or alteration. thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the material into the waterway. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others 6. There shall be no unreasonable interference with navigation by the to perform the permitted work or as authorizing the impairment of any rights, work herein authorized. title or interest in real or personal property held or vested in a person not a 7. That if future operations by the State of New York require an alteration party to the permit. in the position of the structure or work herein authorized, or if, in the opinion 13. The permittee is responsible for obtaining any other permits, ap- of the Department of Environmental Conservation it shall cause unreasonable provals, lands, easements and rights-of-way which may be required for this obstruction to the free navigation of said waters or flood flows or endanger project. the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- 14. If granted under Article 36, this permit is granted solely on the basis ment to remove or alter the structural work, obstructions, or hazards caused of the requirements of Article 36 of the Environmental Conservation Law and thereby without expense to the State; and if, upon the expiration or revocation Part 500 of 6 NYCRR(Construction in Flood Plain Areas having Special Flood of this permit, the structure, fill, excavation, or other modification of the Hazards — Building Permits) and in no way signifies that the project will be watercourse hereby authorized shall not be completed, the owners shall, free from flooding. without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or 15. By acceptance of this permit the permittee agrees that the permit any portion of the uncompleted structure or fill and restore to its former is contingent upon strict compliance with the special conditions on the condition the navigable and flood capacity of the watercourse. No claim shall reverse side. be made against the State of New York on account of any such removal or alteration. W ++ z(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. Applicant shall be :Liable for any damage to adjacent waterway resulting; om any phase of the permitted construction. 17. Peripheral timber bulkhead shall be completed prior to placement of any fill material.. ,.s 18. We reserve the; right to. comment at a lacer date concerning other enviro ental aspects of this project: ,19. The granting of this permit does not relieve the permittee of the respon iblity of, obtaining any _permits, licenses,,, or other authorization xdhieh may be required by other State, Federal or local agencies. SPECIAL NOTE: In accordance with Section 401(a)(1) of the Clean Waters Act Amendments of 1977 (PL 95-217) the NYS Department of Environmental Conservation hereby certifies that the Subject project proposal will not contravene effluent limitations or other limitations or standards under Sections 301, 302, 303, 306 or 307 of the Act. PERMIT ISSUE DATE PERMIT ADMINISTRATOR - RESSNYS Dept. of En Conservation 10/6/80 Daniel J. Larkin ADD P. sir L 4. 40, SUNY,' Stony Brook NY 11794 cc: U.S. Army Corps of Engineers NYSDEC Law Enforcement - Region I Y r� MG��7TkTi IIi r . •• • -:• - ••.a►�:r�rr�•nI[rar��r.�iY•>i:•I�ir.• NAME AND ADDRESS OF AGENCY The Osborne Agency Inc. COMPANIES AFFORDING COVERAGES Drawer I COMPANY East Hampton, New York 11937 LFTTER Hartford Insurance Company COMPANY LETTER The State Insurance Fund NAME AND ADDRESS OF INSURED COMPANY David J. .Idhelan Marine Construction InC LETTER C Interstate Indemnity Company P.O. Box 1058 Mile Hill Road COMPANY p East Hampton, New York 11937 LETTEP COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this 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. — COMPANv POLICY Limits of Liability in Thousands(000) ` LET TEk TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY (! �J �I BODILY INJURY $300 00S A [X COMPREHENSIVE FORM 12 C BB5(40 ❑ PREMISES---OPERATIONS PROPERTY DAMAGE $100,00 $ 100,QC ❑ EXPLOSION AND COLLAPSE HAZARD �r ❑ UNDERGROUND HAZARD A &C PRODUCTS/COMPLETED unassigned 11X81 OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL. INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ C:OMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH ACCIDENT) ❑ PROPERTY DAMAGE - HIRED -_ -. __F$ BODILY INJURY AND �E] NON OWNED PROPERTY DAMAGE $ COMBINED -- ------ ------- - - -- - ---- - EXCESS LIABILITY j BODILY INJURY AND ❑ UMBRELLA FORM $ $ PROPERTY DAMAGE i❑ ,)'HER THAN UMBRE U A COMBINED FORM WORKERS'COMPENSATION STATUTORY 65 B and 409-9 81`7 - -- 1 4 EMPLOYERS'LIABILITY $100,COQ EAC H ACCIDENT) OTHER comprehensive unassigned 12/5/81 700,000 excess bodily injv C property damage & produc s I form-- - - - comel,eted_anerati Ona DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. The Osborne Agency, Inc. Drawer 1 NAME AND ADDRESS OF CERTIF ICAT E HOLDER. / / ast Hampton,,N.Y. 1193. C'� DATE ISSUED: �I I_ 1.�11 8- --------- - -- --_. ------ ,Jouthhold Townshie Main Road - - Southhold, New York 11971 ZED REPRESENTATIVE ACORD 25(1J9) A111- • — 1 CONSTRUCTION PERFORMANCE BOND Bond No. L05-055159 KNOW ALL MEN BY THESE PRESENTS, That we, David J. Whelan Marine Construction, Inc. Box 1058 Mile Hill Road, E. Hampton, NY 7 (called Principal), as Principal, and BALBOA INSURANCE COMPANY, a California corporation of Newport �- Beach, California (called Surety), as Surety, are held and firmly bound unto Town of Southold, NY (called Obligee) in the sum of Fifteen thousand, six hundred and xx/xx --- Dollars 1$15,600.00) for the payment whereof Principal and Surety bind themselves, their legal representatives, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a written Contract dated November 119-3-0--, with ? ' Obligee for Remove and reconstruct 75 feet of damaged bulkhead, Mattituck NY �r t d copy of which Contract is hereto annexed and made a part hereof as fully as if set forth herein: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That, if Principal shall faithfully perform such Contract and pay all persons who have furnished labor or material for use in or about the improvement and shall indemnify and save harmless Obligee from all cost and damage by reason of Principal's default or failure so to do, then ;his obligation shall be null and void, otherwise it shall remain in full force and effect. Surety hereby waives notice of any alteration, extension or forebearance as to any of the terms of the d Contract other than the terms of payment thereunder, made or extended by Obligee or Principal. 1�d IN EVENT Piincipal is in default under the Contract as defined herein, Surety will either (a) within fifteen (15) kdays of determination of such default take over and assume completion of said Contract and become entitled to payment of the balance of the Contract price, or (b) pay Obligee in cash the reasonable cost of completion, less the balance of the Contract price including retained percentage. The cost of completion shall be fixed by taking bids from at least three responsible contractors chosen by Obligee and Surety. Surety will make such payment within fifteen (15) days after the cost of completion shall have been so determined. �1 5 OBLIGEE SHALL COOPERATE with and assist Surety in prosecuting its rights and claims, if any, against Principal and others, by supplying testimony, books, records and documentary evidence in Obligee's possession. NO RIGHT OF ACTION shall accrue upon or by reason hereof to, or for the use or benefit of, anyone other than the Obligee herein named. Signed and sealed this 10 day of December 19 80 David J Whelan Marine Construction Iac. ipal By: BALBO NSURAN NY By B56E674 Agne . Mu lha 11 Attorney-in•fact BALBOA INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects A.I.A. Document No.A-311 (Feb. 1970 Edition) KNOW All MEN BY THESE PRESENTS: BOND NUMBER L05-0.55159...... .... .. ......... . .. . .. .... That ......pavid..J. . Whelan.Marine Construction, Inc. . ......I.. ..Box_1058 Mile Hill Road, E. Hampton, NY ....... as Principal, .. .. .. . hereinafter called Principal, and BALBOA INSURANCE COMPANY a corporation organized and existing under the laws of the State of California, as Surety, hereinafter called Surety, are held and firmly bound unto Town of Sout. hold, NY .. .. . . . .. .. ... ... . ......... ... as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Fifteen ...t.housand, six hundred and xx/xx .. ... Dollars($. 15,600.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated November 1980 , entered into a contract with Owner for remove and reconstruct 75 feet of damaged bulkhead, Mattituck, NY in accordance with drawings and specifications prepared by — (Here insert full name,title and address) •.. •.. .... .... ...... ... ... . ...which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as here- inafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: (1) A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. (2) The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. (3) No suit or action shall be commenced hereunder by any claimant, (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following. The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is-made, stating with suostantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated,and not elsewhere. (4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, Signed and sealed this l0 . day of A.ec.embex . . . ... ... .. A.D., 19 80. In the presence of: Davi Whe IanAgrinr.Co truction Inc. . . By .... .. ,._.r, (Seal) Principal B BO INS E COMPA By .. ... al) Ag s Mu 1 ttornEV- This bond is issued simultaneously with performance bond in favor of Me Owner condition d n the full and faithful per7ermadoe a 1 L002R176 �;e-vr-�� • �v�'v`!�r�lc�r �h.e�� 7lIR 1fRC7fRt 7118 liRC7lrir R'if 1i7�7f'IC 1r7�laR7r7C JfR 7['it 7t'i�IInC lf'R 7fSi 7r7[irt[ny $UNITY AOKNONLROORMINT STATE OF NEW YORK SS: COUNTY OF NASSAU On this 10 doer L December ACNES in the year 19 80 before me personally came _ to me known, who being by me duly sworn, did depose and say that h• resides in GREAT NECK, N.Y. ;that he is the attorney-in-fact of BALBOA INSURANCE COMPANY the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. NOTAQv PUaI-IC ST• "ftRBARA V. ANDREWS Notary Public, State of New YorR No. 52-4641112 - Suffolk Count-0 Commission Expires March 30, 19.V NOTARY PUBLIC • CORPORATION - I CI AL COUNTY OF �j On this may of before before me came Oa,xz , `���to me known, who, being by me sworn, did depose and say that he resides at that he is of wvz� � the corporation described in and which executed the foregoing instrument as principal; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. 4 z i ✓ Notary Public p JI'T-71-1 T TFP7-'Y No York N-0. <r;our,tY Comrn:aWs ;i„=x;,:ras Pviar a so,4u BALBOA INSURANCE COMPANY 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GPA 2264 POWER OF ATTORNEY VALID GENERAL POWER OF ATTORNEY ONLY IF NUMBERED IN RED Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint AGNES V. MULHALL of Plainview and State of New York its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. Guarantee Agreement) MAXIMUM PENALTY $200,000.00 "THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31 1980" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, Balboa Insurance Company has caused these presents to be signed by its Vice October 79 _ and 7 its corporate seal to be hereto affixed this 10th day of lY�11N,C SOP C��y BALBOA I PA Incorporated By . - State of California Feb.6, 1948 ss.: County of Orange On this 10th 0'4"11Rtd October A.D., 1979 before me personally came William Palg to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Viejo, California that he is Vice President of BALBOA INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. ':... s OFFICIAL SEAL KIMBERLY A. FORREST Notary Public NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN per` ORANGE COUNTY My Commission Expires Aug.22, 1983 I, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 24th of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of this Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under by hand and the seal of said Company, at Newport Beach, California, this 10 day of December , 19 80 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO. L05-055159 Secretary MZPE472 ,I 'ALiiOA INSURA'Jt;li COMPANY V FINANCIAL STATEMENT, DECEMBER 31, 1979 ASSETS Bonds $131,522,134 Preferred Stocks 1 ,820,567 Common Stocks 13,904,169 Real Estate 1,495,786 Cash and Bank Deposits 3,768,232 Premium Balances Receivable 10,131,705 Electronic Data Processing Equipment 3,975,766 Interest Due and Accrued 2,492,007 Other Admitted Assets 18,906,427 Total Admitted Assets $188,016,793 LIABILITIES AND NET WORTH Reserve for Losses and Loss Adjustment Expenses $ 31, 577,260 Taxes and Expenses 6,521,478 Unearned Premiums 80,625,404 Other Liabilities 24,181 ,869 Total Liabilities $142,906,011 Capital 2,000,000 Paid in Surplus 10,707,465 Unassigned Surplus 32,403,317 Total Surplus to Policyholders $ 45, 110, 782 Total Liabilities and Surplus $188,016,793 Bonds and stocks are valued in accordance with the basis adopted by the National Association cf Insurance Commissioners. Securities carried at $3, 272, 992 are deposited as required by law. STATE OF CALIFORNIA COUNTY OF ORANGE T.N. Weissenberger, Vice President and L.A. Herbster, Treasurer of the Balboa insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1979 the Company was actually possessed of the ;.islets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection on its policyholders and creditors, except as hereinbefore indicated, and that the foregoing statement is correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1979 according to the best of their information, knowledge and belief, respectively. Vice President Treasurer Sworn to and subscribed before me this ..2e,'"—day of March, 1980. . '.;,,, OFFICIAL SEAL KIMBERLY A. FORREST is •p ,jRY PUBLIC CALIFORNIA NOTPRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Aug. 22, 1983 PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE RECON- STRUCTION OF BULKHEAD AT MILL ROAD, MATTITUCK, NEW YORK. The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required to reconstruct a blukhead on the east side of Mill Road adjacent to Mattituck Inlet,.at Mattituck, Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes the total lump-sum bid price of F Pe_eN1 _16'm,wrA 15�x gw8red I o(lar:s , no Cem+ ($ 15 )( OO . 00 ) dollars for "Reconstruction of Bulkhead at Mill Road, Mattituck, New York". The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within five (5) days after notification to proceed and to complete said work upon which this proposal is based within \© working days after the execution of this contract. The undersigned further agrees that within five (5) days from the date of acceptance of this proposal, he will furnish suitable surety to be approved by the r y � r Southold Town Board on an indemnifying bond for the faithful and'prompt performance and completion of the work specified in such contract, and a labor and material bond, the amount of said bonds to be the full amount of the bid price as it appears in this proposal. In lieu of such surety bonds, the undersigned may deposit -with the Town a certified check in said amount. In default of the performance of any of these conditions On my part to be performed, the certified check in the amount of $ (being five (5%) percentum of the bid price) which is herewith deposited with the 'Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. - L, By submission of this bid or proposal, the bidder certifies es that: (a) This bid or proposal has been independently endentl arrived at without collusion With any other bidder or with any competitor or potential competitor; ( ) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior t6 the opening of bids or proposals for this project, to any other bidder, com etitor or' potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties o perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the -2- signator of this bid or proposal in behalf of the corporate bidder. Dated: U UISt �rJ �qgb v SignaturW of Bidder fi)AV`ia :. W e 1cvr, )-Pres 'Box 1558 M' le �'A» Ted . 'Ea; )t dam +�,, �y Business Add ess of Bidder -3- '> CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT AV i J J . 1N hewn a rIru C b r6ty (" (M Inc- (Name of Corporation) be authorized to sign and submit the bid or proposal of this corpolration for the following project: Reconstruction of bulkhead at Mill Road, Matttuck, Town of ld f Southold, Suffolk County, York, and.to include in such bid or,' proposal the Y certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstate- ments in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted b Y I� J ��I h May'(✓Le coil rucft wt TnC corporation at a meeting of its AI Board of Directors held on the +k day of Auau6t 1900. cretl r � y Seal of the Corporation) j ;,. II roL OFFIC'E OF ` O C>-EkK TOWN O SOUT Ol~D JUDITH T.TERRY SUFFOLK-.COUNT. TELEPHONE TOWN CLERK _ `"' (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 12, 1980 Latham Sand & Gravel, Inc. Orient, New York, 11957 Gentlemen: Returned herewith is your $973. 17 bid deposit check submitted in connection with your bid on the reconstruction ,of bulkhead at Mill Road, Mattituck. The Town of Southold has executed their agree- ment with Whelan Marine Construction, Inc. , East Hampton. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure ::=�_�-�. :.���_ - - -->�^-_'�--��; • � s OFFICE OF"'TO' CLF K TOWN OF, SOUT JUDITH T.TERRY SUFFOLK C 0 TV TELEPHONE TOWN CLERK �" (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 12, 1980 James H. Rambo, Inc. Bishops Lane Southampton, New York 11968 Gentlemen: Returned herewith is your $900. 00 bid deposit check submitted in connection with your bid on the reconstruction of bulkhead at Mill Road, Mattituck, The Town of Southold has executed their agree- ment with Whelan Marine Construction, Inc. , East Hampton, New York. Very truly yours, ,4-e, Judith T. Terry Town Clerk PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE RECON- STRUCTION OF BULKHEAD AT MILL ROAD, MATTITUCK, NEW YORK. The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required to reconstruct a blukhead on the east side of Mill Road adjacent to Mattituck Inlet at Mattituck, Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes the total lump-sum bid price of NINETEEN THOUSAND, FOUR HUNDRED, SIXTY THREE DOLLARS & TWENTY FIVE CENTS. ($ 19,463.25 ) dollars for "Reconstruction of Bulkhead at Mill Road, Mattituck, New York". The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within five (5) days after notification to proceed and to complete said work upon which this proposal is based within THIRTY working days after the execution of this contract. The undersigned further agrees that within five (5) days from the date of acceptance of this proposal, he will furnish suitable surety to be approved by the Southold Town Board on an indemnifying bond for the faithful and prompt performance and completion of the work specified in such contract, and a labor and material bond, the amount of said bonds to be the full amount of the bid price as it appears in this proposal. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $ 973.17 { (be ng five (5%) percentum of the bid price) which is herewith deposited with the ',Town, the same to be Paid to the Town of Southold for the benefit of said Town; otherwise the certified ' check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with ELny other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or poten ial competitor; (c) No attempt has been or will be made to induce any other peron, partnership or corporation to submit or not to submit a bid or proposal; (d) The pers n signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of thetat statements contained int this certification and under the penalties o perjury, P J Y affirms the truth thereof,o such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder ) is a icertified copy of resolution au thoriz'm the execution of this certificate by the g -2- I, signator of this bid or proposal in behalf of the corporate bidder. Dated: e;ry,-Isr is, 2�= Signatu e of Bidder hI QQ5 MAIN ROAD QRTRMT, N -v- I I Q57 Business Address of Bidder -3- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT LATHAM SAND & GRAVEL, INC (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Reconstruction of bulkhead at Mill Road, Matt##tItuck,, Town of Southold, Suffolk County, New York, and to include in such bid or prod sal the certificate as to non-collusion required by Section 103-d of the Goneral Municipal Law as the act and deed of such corporation, and for anYinaccur�' cies or misstate- ments ments in such certificate this corporate bidder shall be liable under the penalties of er'ur P J Y• The foregoing copy is a true and correct copy of the resoljution adopted by TATHAM SAND & GRAVELLING , corporation at a me ting of its Board of Directors held on the 24TH day of APRIL 1900. I ' Secretary (Seal of the Corporation) PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE RECON- STRUCTION OF BULKHEAD AT MILL ROAD, MATTITUCK, NEW YORK. The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required to reconstruct a blukhead on the east side of Mill Road adjacent to Mattituck Inlet at Mattituck, Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes the total lump-sum bid pric of dollars for "Reconstruction of Bulkhead at Mill Road, Mattituck, New York". . The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within five (5) days after notification to proceed and to complete said work upon which this proposal is based within �— working days after the execution of this contract. The undersigned further agrees that within five (5) days from the date of acceptance of this proposal, he will furnish suitable surety to be approved by the it Southold Town Board on an indemnifying bond for the faithful and prompt performance and com completion of the works specified in such contract, and a labor and material bond, the amount of said bonds to be the full amount of the bid price as it appears in this proposal. In lieu of such surety bonds, the undersigned may deposit Mei h the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be performed, the certified check in the amount of 00, (being five (5 16) percentum of the bid price) which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with arty other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior.to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; d h P o ( ) The person signing this P P P g g bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf• (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the -2- �I M signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder lift Business AAdress of der -3- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT � 'it�D # (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation or the following project: Reconstruction of bulkhead at Mill Road, Mattituck, own of Southold, Suffolk County, New York, and to include in such bid or, proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstate- ments in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by 6eam,,/ 6 corporation at a meeting of its Boa of Directors :held on the /JryJ/day of 1960. S retar y (,�eal of the Corporation) �I r PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE RECON- STRUCTION OF BULKHEAD AT MILL ROAD, MATTITUCK, NEW YORK. The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required to reconstruct a blukhead on the east side of Mill Road adjacent to Mattituck Inlet at Mattituck, Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes the total lump-sum bid price of ($ ) dollars for "Reconstruction of Bulkhead at Mill Road, Mattituck, New York". The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within five (5) days after notification to proceed and to complete said work upon which this proposal is based within working days after the execution of this contract. The undersigned further agrees that within five (5) days from the date of acceptance of this proposal, he will furnish suitable surety to be approved by the Southold Town Board on an indemnifying bond for the faithful and prompt performance and completion of the work specified in such contract, and a labor and material bot id, the amount of said bonds to be the full amount of the bid price as it appears in thi ' propos 1. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $ (being five (614) percen um of the bid price) which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified',', check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or pro oral has been independently arrived at without collusion with any other bider or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bias or proposals for this project, to any other bidder, competitor or potential compettttor; (c) No attempt has been or will be made to induce any other person, partnership Or corporation to submit or not to submit a bid or proposal; (d) The person signing his bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirm the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Reconstruction of bulkhead at Mill Road, Mattituck, Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or misstate- ments in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by corporation at a meeting of its Board of Directors held on the day of 1980. Secretary (Seal of the Corporation) signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder .a Business Address of Bidder -3- i NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed proposals are sought and requested by the Town Board of the Town of Southold, Suffolk County, New York, for the reconstruc- tion of bulkheading in the Town of Southold, Suffolk County, New York. The sealed proposals will be received by the Town Board at the Southold Town Hall, Southold, New York, until 3: 00 P.M. (prevailing time) on Aug gust 18 1980, at which time and place they will be publicly opened and read aloud. Specifica- tions, a proposed contract for the execution of the work and forms of proposals can be examined and obtained from Judith T. Terry, Southold Town Clerk, Town Hall, 53095 Main Street, Southold, New York. Proposals must be upon and in accordance with the form of proposal prepared by said Town, which proposals shall be made and will be received upon the following conditions:- Each onditions:-Each proposal must be accompanied by the deposit of a certified check made payable to the order of the Town of Southold in an amount of not less than Five (516) percentum of the total bid price, conditioned that if the proposal is accepted, the successful bidder will enter into a contract for the work and will, within five (5) days from the date of the acceptance of the proposal furnish the required security. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, or fails to give the required security within the prescribed time, then the check deposited with the proposal and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold. The Town Board of the Town of Southold reserves the right to reject any and all pro orals and to waive any and all informality in any proposal should it be deemed in the b st interest of the Town of Southold. 11 proposals must be signed and enclosed in sealed envelopes plainly marked "Bid fo Bulkhead" and addressed to the Southold Town Board, Town Hall, 53095 Main St eet, Southold, New York. Dated: Julyi 31, 1980 SOUTHOLD TOWN BOARD by Judith T. Terry, Town Clerk I PLEASE PUBLISH ONCE, AUGUST 7, 1980, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN OF SOUTHOLD, MAIN. ROAD SOUTHOLD, NEW' YORK 11971. Copies to lithe following on July 31, 1980: The Dong Island Traveler-Watchman, Inc. The Suffolk Times James H. Rambo, Inc. Coastilal Dock Building Corporation Costello Marine Contracting Corp. -2- � a i SPECIFICATIONS FOR THE RECONSTRUCTION OF BULKHEAD AT MILL ROAD, MATTITUCK, NEW YORK GENERAL CONDITIONS 1. SCOPE OF WORK The work required under these specifications includes the supplying of all labor, materials, equipment and services necessary for the reconstruction of approximately 75 lineal feet of bulkheading of the Town located at Mill Road, Mattituck, New York, adjacent to Mattituck Creek, including the excavation and removal of the existing bulkhead, and such other surface and subsurface structures, material, and debris as may be encountered; the reconstruction of new bulkheading in accordance with the specifications set forth herein; and the restoration of the site to the grade specified by the Superintendent of Highways, including such filling, compacting, grading and leveling as shall be directed by the Superintendent of Highways to the end that the site will be restored to a condition satisfactory for the application of paving material by the Town. It is the intention of these specifications that all work and materials of every nature whatsoever, except the final paving of the site, is to be performed and supplied by the contractor at the contractor's sole cost and expense, including the removal and disposal of all excess materials and debris resulting from construction operations. 2. DRAWINGS AND SPECIFICATIONS The Town will furnish to the contractor copies of drawings and specifica- tions required to complete the work. A complete set of drawings and specifications shall be availale at the job site at all times. An discrepancy� y or omission in the drawings, or specifications shall be pointed out to the Town immediately by telephone, whereupon. the Town shall promptly correct such error or omission in writing. Any work done by the contractor after discovery of such uncorrected omissions shall be done at his own risk. The contractor shall confirm all telephone calls in writing. 3. ORAL AGREEMENTS Oral orders, claims or instructions by any party shall not change the term or modification s in the Contract Documents and none of the Contract Documents shall be deemed waived or modified by reason of any oral agreement. 4. PRO P;CTII N OF LIFE AND PROPERTY Thei contractor shall keep the site in a safe condition with adequate barricades and (warning lights to prevent injury to the public. 5. GUARANTEE All (workmanship and materials shall be guaranteed by the contractor to the Town for a eriod of one (1) year from the date of final acceptance of the work by the T own. 6. LNUDIIERAtJON OF CONTRACT DOCUMENTS Thel following are the Contract Documents, Specifications, and Addenda which form a part of the Contract: Proposal; Notice to Bidders; Specifications; andl Contract. 7. PER ITS The contractor shall obtain and pay for all required permits, approvals,' authorizations, (licenses of any kind necessary for the prosecution of the work. -2- 1 Copies of all such permits, approvals, authorizations and licenses shall be filed with the Town Clerk and no work shall be commenced until the same have been obtained and filed. 8. TAXES Contractor shall pay all sales, consumer, use and other similar taxes required to be paid in connection with the work in accordance with the applicable laws, except that the contract price shall not include any taxes from which the Town is exempt. 9. EXISTING DIMENSIONS AND ELEVATIONS The contractor shall have the sole responsibility of taking field measure- ments and completing the construction in accordance with the intent of the Contract Documents. 10. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the con- tractor, in carrying out his work, must employ such methods or means as will minimize interruption or interference with the public or private use of the site, adjacent properties and the public waterway adjacent thereto. 11. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and become thoroughly familiar with the plans and -3- Contract Documents (including all addenda). The failure or omission of any bidde;ll to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid. 12. SITE CONDITIONS The contractor must, at his own risk, inspect the site of the proposed work and assume all risk pertaining to the location of the site and possible adverse conditions. The Town does not make any representations as to the soil or subsurface conditions to be encountered. 13. INSPECTION All work shall be performed under the inspection and contract administr4tioll of the Town or its authorized agent, who shall make the final decision pertaining to acceptance or rejection of the work. 14. CLEANUP The work site shall be kept in a safe orderly condition at all times. Upon completion of the contract work, the contractor shall completely clean the site and leave it in condition for use by the Town. Any item located inside or outside the work areas, damaged or destroyed by the contractor shall be replaced in kind. -4- P,2fl�D3C D BU LKHEA D OLD MILL 12DAD * MAT7"J`l U6K, C2 n/�G fer��I S deci��cufior�s .Southern Phe- CCR - Z,5 i yeallneh f /zn 2off' 8 " rsp Z.5' /on9 d' on ceolevs: V ,g de.*15& '*/ Sou fh er,> P/✓e 6�X B" p/ice backs av Dere-se -f/ Sovlhern Pirie - 3Rx /onx /,T' Td C. C'CR 2.5 7'leabneo,f /s o- Zo 1 on 9 6A/va4/ ed hu'11f4 N.j!D U. uJQsher of Bbl/P. /ri ke- /1/GJ�i ve �acvsf 8 `Buf� 8'�or�� fJ�rc�wAre - 411 hof dipped �V/1/9111 i eco Go d noes al SlaVI 7 9 - 4- pler ,Plan r, CJ L L Al - FL A i Eb-b �— �=-� Flow iv/)TT 1 . LJ i i C eL E! 1 L 1� /7i © io zo 3a �� air �- 85jai 75 TOWN of o/,-j � D _ �Cf A f T11b S�f�Pr� f Pie z..5 G °x B" �A 4" S�l�ce Block ��1� �e>JSe '�/ SOtJ7`flr�e`tJ Pri�'P be )?,ods 1,` X /,o` X /B" T Cr L�e�s, Mr l Sou lAp"r �jP 1` 201 �4 Odle' fu 9/1 7L r-&r _ - y Nof/ L -- " 1 d Lo TI 0 j I V THIS AGREEMENT, made and entered into this day of 1980, by and between the TOWN OF SOUTHOLD, a municipal corporation organized and existing under and by virtue of the laws of the State of New York, in the County of Suffolk (hereinafter called the Town, party of the first part, and (hereinafter called the Contractor), party of the second part. WITNESSETH, that the parties of these presents, each in consideration of the agreement on the part of the other herein contained, have agreed and hereby agree, the party of the first part for itself, its successors and assigns, and the party of the second part, for itself, himself, his heirs, executors, successors and assigns, as follows: 1. The Contractor will, at the Contractor's own sole cost and expense, furnish all labor and services and all material for the reconstruction of approximately 75 lineal feet of bulkhead along the easterly side of Mill Road adjacent to Mattituck Inlet at Mattituck, New York, and will construct, complete and finish the same in the most thorough, workmanlike and substantial manner, and in every respect to the satisfaction and approval of the Town in the manner and within the time limited, and in strict accordance with the Notice to Bidders, Proposal and Specifications hereunto annexed, which Notice to Bidders, Proposal and Specifications are hereby made a part of this contract, as fully as if the same were repeated at length herein. 2. All work under this contract shall be done to the satisfaction of the Town, which shall at all times have access to the work and which may order the dismissal of such workmen!as it may deem incompetent or careless, or may require the Contrac- tor to remove from the premises such materials or work as in the Town's opinion are not in accordance with the Specifications, substitute therefor, without delay, other work ani mate�rials, and the expense of doing so and of making good other work dis- turbed by the change, shall be borne by the Contractor. The Town shall also deter- mine the amouIht, quantity, acceptability and fitness of the several items of work and materiaL which are to be paid for hereunder. The Town shall also determine whether the said Specifications have been fully complied with by the Contractor. The deter'- minatio. of the Town in all of such matters shall be final and binding upon the parties hereto. Such determination, in the event that any question shall arise, shall be a conditio i precedent to the right of the Contractor to receive any money hereunder. 3. Should anything be omitted from the Specifications which is necessary for a clear u derstanding of the work, or should error appear either in the various instruments fulirnished or in the work done by other contractors affecting the work covered hereby, the Contractor shall and will promptly notify the Town, and in the. event of the Contractor's failure so to do, he shall and will make good any damage to or defect :in the work caused thereby. 4. The contractor shall, at his own cost and expense, provide any and all manner of labor, material, apparatus, appliances, utensils, tools, machinery and', whatever else may be required of every description necessary to do and complete the work, and shall be solely answerable for the same and for the safe, proper and lawful c nstru�tion, maintenance and use thereof. The Contractor shall cover and protect the work from damage, and shall make good all injury to the same appearing before the completion of the work provided for herein. -2- I, 5. Neither the Town nor any of its officers, agents or employees shall in any manner be answerable or responsible for any loss or damage that shall or may happen to the said work or to any part or parts thereof, or to any materials. loading equip- ment or any property that may be used or employed therein, or placed upon the group during the process of the work, nor shall it be in any manner answerable or responsible for any injurydone or damage or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees of the Contractor or otherwise, or for damages to any property, whether belonging to the Town. . or to others, appearing during. or resulting from the said work. Against all such injuries, damages and compensation, the Contractor shall and will properly guard. The Contractor shall also, at all times, indemnify and save the Town and its officers, agents and employees harmless against all such injuries, damages and compensation arising or resulting from causes other than its negligence. 6. The Contractor agrees that it shall, pursuant to the Workmen's Compensa- tion Law of the State of New York, secure the payment of compensation for the benefit of all employees who may be injured or suffer disability in the work contracted to be performed under this contract, and for the benefit of the dependents of such employees. The Contractor shall continue to secure the payment of such compensation during the life of this contract. In the event of the failure of the Con- tractor to secure compensation to the employees and their dependents as aforesaid, or in the event of the failure to continue the securing of such compensation during the life of this contract, the contract shall be and become void and of no effect, and the Contractor shall forfeit to the Town all payments provided under the contract and the value of all work done and materials rendered thereunder. -3- II 7. The Contractor and each subcontractor or other person doing or contracting to do any worklll contemplated by this contract shall comply with all laws, ordinances and regulations in any manner affecting the work or performance of this contract, whether or not such laws, ordinances or regulations are mentioned herein and shall indemni y andsave harmless the Town and its officers, agents and employees against any clai m or liIability arising from or based upon the violation of any such law, ordinan e or regulation. Each and every provision of law and clause required by law to be inserted in this contract sall be deemed to have been inserted herein and if through mistake or otherwise such provision is not inserted,then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. Without in any manner limiting the foregoing provisions hereof, attention is particularly directed lto the appl cable (,provisions of Article 8 of the Labor Law (wages, hours, statements showing amounts due for wages, discrimination, preference in employment, minimum rate of wages, etc. ), and Article 3-A of the General Municipal Law (Public Contracts), which said provisions of law are incorporated herein by reference. Prevailing wage rates are attached hereto and form a part hereof. 8. The Contractor shall secure and take out at his own expense all necessary certificates, a,Othorizations and permits from the municipality or other public authorities required in connection with the work contemplated by this contract or any part thereof, and shall give all notices required by law, ordinance or regulation. He shall pay all foes and charges incident to the due and lawful prosecution of the work contem lsLted by this contract. -4- I - - A 1 9. The Contractor in entering into this agreement, understands that the Town reserves the right to modify the same with respect to the arrangement, character, alignment or nature of the work or of appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modification when ordered in writing by the Town, and the same shall not vitiate or void this contract. Any such modification so made shall not, however, subject the Contractor to increased expenses without equitable compensation, which shall be determined by the Town. If such modifications or any part thereof, result in a decrease in the cost of work involved, an equitable deduction from the contract price, to be determined by the Town, shall be made. The Town's determination of any such additional compensation or of any such deduction shall be based upon the bids sub- mitted and accepted. In any event, no modification of the work described in the Specifications shall be made, unless the nature and expense thereof have first been certified by the Town in writing and sent to the Contractor. 10. Neither the Town nor any of its officers, agents or employees, nor any order by the Town for the payment of money, nor any payment for, or acceptance of the whole or any part of the work by the Town, nor any extension of time, nor any possession taken by the Town, its officers, agents or employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Town, or any right to damages herein provided; nor shall any waiver of any other provision of this contract be deemed to be a waiver of any other or subsequent breach. Any remedy provided in this contract shall be taken and construed as in addition to each and every other remedy herein provided; and in addition to all other suits, actions of right to a writ of in'unct , or legal proceedings, the Town shall also be entitledas g � i, against ny breach of any of the provisions of this contract. 11 In case of unnecessary or inexcusable delay in the general conduct of the work or in the (event of an actual or practical abandonment of the work, the Town will notify the Contractor or his bondsman in writing to that effect. If the Contractor or his bondsman shall not within six (6) consecutive days thereafter take such measures a will, in the jud meat of the Town, insure a satisfactory completion of the work in the time sp cified,li the Town may then notify the aforesaid contractor and his bondsman to discontinue all :work under this contract, and it is hereby agreed that the Contractor and his ondsi-nan shall immediately respect such notice and stop work, and cease to have any right to possession of the premises whereon said work is being performed'+ The Town shall thereupon have the power and authority to cancel the contract, and to relet the work or any part thereof or to employ such persons and equipment as it may deem advisable by contract or otherwise, to complete the work herein described, and to uses Such material as it may find upon the premises, and to procure other materials for the completion of said work. All expenses of such completion of the work, incl4d- ing the additior al payments to be made to the persons completing the same, and any'( other claims arising under this contract, shall be deducted and paid by the Town out of such moneys as may then be due the said Contractor or which may thereafter become due under and by virtue of this agreement or any part thereof. In case such expense is less than the sum which would have been payable for such work under this contract if the sam had b en fully completed by the Contractor, he shall be entitled to receive the difference.; in ase such expense is greater, the Contractor shall pay the amount of such excess sold due. -6- 12. Each and every employee of the Contractor, and each and every subcontrac- tor engaged in the said work, shall, for all purposes, be deemed and taken to be the exclusive servants of the Contractor and not for any purpose in any manner in the employment of the Town. The Contractor shall in no manner be relieved from responsibility or liability on account of any delay in the execution of the said work, or of any part thereof, by the acts or omissions of any such employee, or any sub- contractor, or any materialmen whatsoever. 13. The Town shall pay, and the Contractor shall receive, the prices stipulated in the proposal hereunto annexed, as full compensation for everything furnished and done by the Contractor under this contract. Such payment shall be made by the Town as follows: (a) On not later than the fifth day of every month the Contractor shall submit a requisition covering the percentage of the total amount of the con- tract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Town. (b) Not later than the fifteenth day of each calendar month after date of notice to proceed with work at the site, the Town will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Town will retain five percent (5%) of the amount of each such estimate until final completion and acceptance of all work covered by this contract. (c) No partial payment will be made for any materials or equipment until they are incorporated in the work except that fifty percent (5016) of the -7- estimated value may be allowed for manufactured materials delivered at the construction site and properly stored and protected, provided however, that the Contractor if so requested by the Town shall furnish written evidence that he is the unconditional owner of such manufactured materials. (d) All work covered by partial payments made shall thereupon become the sole property of the Town, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require the fulfillment of all of the terms of the contract. (e) Before any payments will be made under this contract, the Town reserves the right to require that the Contractor and all sub- contractors shall submit written verified statements, in satisfactory form, certifying in detail to the amounts then due and unpaid by such Contractor and subcontractor to all laborers for daily or weekly wages on account of labor performed upon the work under this con- tract, or to other persons for materials, equipment and supplies delivered at the site of the work. The term "Labor" as used herein shall include workmen and mechanics. (f) Upon completion of the project, the Town Engineer shall make a final inspection for approval of all the work done under this contract -8- and shall, within fifteen days after the acceptance of the work by the Engineer and the Town, prepare a final certificate of the work done and the value thereof. The Town shall upon approval of the final certificate, promptly pay the Contractor the entire sum so found due thereunder after deducting all previous payments and all percentages and amounts to be kept and retained under provisions of this contract. All prior partial payments shall be subject to correction in the final estimate and payment. (g) Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Town and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. 14. The Contractor, during the term of this contract, shall provide owners' protective liability and contractor's public liability and property damage insurance to be written by an insurance company authorized to do business in the State of New York and approved by the Town, such policies to be in amounts of not less than $1, 000, 000 with respect to claims arising out of any one accident resulting in bodily injury to or death of any one person, and in amounts of not less than $1, 000, 000 with respect to claims arising out of any one accident resulting in bodily injury to or death of more than one person, and in an amount of not less than $100, 000 against claims arising out of any one accident resulting in property damage, all protecting the Town and the Contractor against injuries or damage to persons or property caused by or resulting from the execution of the work or in consequence of any improper materials, imple- ments, equipment or labor used therein, or due to any act, omission or neglect of the Contractor or his agents and employees or subcontractors. -9- 15. The Contractor shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of his right, title or interest therein, or his power to execute the same, to any other person or corporation without the previous consent in writing of the Town. In the event that the Contractor shall violate the provisions of', this parz graph, the Town shall revoke and annul the contract and the Town shall be relieved and discharged from any and all liability and obligations growing out of suc contract to such Contractor, and to the person, or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and such Contractor, and his assignees, transferees or sublessees shall forfeit and loso all moneys, therefor earned under this contract, except so much as may be required to be paid to his employees. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto, and these presents to be signed by the Supervisor of the Town of Southold ar d the Contractor has hereunto set his hand and seal the day and year first above written. TOWN OF SOUTHOLD By William R. Pell III, Supervisor -10- STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) On this day of 1980, before me personally came WILLIAM R. PELL III, to me personally known, who, being by me duly sworn, did depose and say that he resides at 530 Anglers Road, Greenport, New York; that he is the Supervisor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Southold Town Board, and that he signed his name thereto by like authority. Notary Public STATE OF NEW YORK) ss. : (Acknowledgment for Individual Contractor) COUNTY OF SUFFOLK) On this day of 1980, before me personally came to me known and known to me to be the individual described in an who executed the above instrument, and he acknowledged that he executed the same. Notary Public -11- STATE OFNEW YORK) ss. : (Acknowledgment for Corporate Contractor) COUNTY OF SUFFOLK) On this day of 1980, before me personally came to me personally known, who, being by me d 131 sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto ly like order. Notary Public -11- "'►�• • PREVAILI"G RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8002BG7 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dr i I 1 er 11/17/79 9. 905 1. 00 . 74 G- 19 Helper 11/17/79 8. 645 1, 00 . 74 G- 19 ELECTRICIAN Electrician 7/2/30 14. 55 7'/.x. 35 5 1/2'/. . 25 G&L- 8 1/2%, H-5/II'/., 1-9%, J-3V. Appr. 1st term 7/2/80 S. 82 7'/.+. 35 5 1/2'/. . 25 G&L- 8 1/2'/., H-5/8/, IRONWORKER Ironworker-Structural 2/1/80 12. 50 1. 86 2. 00 G-1. 60, H-. 11. I-1. II5 Appr. 1st term 2/1/80 7. 03 1. 86 2. 00 G-1. 60, H-. 11, I-1. 85 Rei nforci ng-(Lather) 2/1/80 12. 61 1. 325 . 985 D-. 02, G-. 75, H-. Ol, I-1. 10 Appr. 1st Term 2/1/80 3. 8S 1. 325 . 985 D- 02 H- 01 Ironworker-Ornamental 2/1/80 11. 53 1. 51 1. 55 -Chain Link 2/1/80 11. 53 1. 51 1. 55 G-1. 00, H-. 14, I-1. 50 Fence "Appr. 1st term 2/1/80 6. 91 1. 51 1. 5s MASON Bricklayer 7/1/80 12. 00 1. 48 1- 93 FI-. 02, I-2. 05 Appr. 1st term 7/1/80 G. 00 1. 48 1. 93 H-. 02, I-. 50 PAINTER Painter-Brush 9/1/79 10. 92 1. 04 1. 04 G-. 33, I-. 71 Scaffold/Spray 9/1/79 13. 26 1. 26 1. 26 G-. 405, I-. 71 Appr. 1st term 9/1/79 6. 55 62 62 G- 20, 1- 25 Nassau Co. (N of L. I. E. to Pt. Wash BI vd. , S. of Sunrise Hwy. E. to Long Beach Rd. ) ------------------------------ Painter-Brush 5/1/80 10. 82 1. 29 2. 30 G-. 70, H-. OS Appr. 1st term 5/1/80 S. 41 1. 29 1. 1s G-. 35, H-. OS Scaffold/Spray 5/1/80 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 11/19/79 13. 25 1. 72 1. 855 H- 07 Power Tool , Spray 11/19/79 14. 25 1. 85 1. 995 H-. 07 Sandb l aster( stee l ) 11/19/79 14. 2S 1. 8s 1. 99s H- 07 Appr. 1st -term 11/19/79 6. 50 . 84S . 91 H- 03 Nassau Co. -Entire County .............................. Pal nter Brush 5/1/80 11. 03 3. 15 85 G-. 50, H-. 21 Steel /Bridge 5/1/80 13. 67 3. 15 85 G-. 50, H-. 21 Spray 5/1/80 12. 3S 3. 1S . 85 G-. 50, H-. 21 Appr. 1st term 5/1/80 S. 73 1. 90 85 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 8/1/79 11. 8s . 90 1. 95 G-1. 30, H-. 47, I-. 57 Appr. 1st term 8/1/79 4. 74 53 1. 24 G-. 70, H-. 28, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- Plumber 2/1/80 12. 1S 1. 0s 1. 39 G-1. 10, H-. 25 Appr. 1st term 2/1/80 4. 86 . 42 56 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 2/1/80 9. 875 1. 462S 2. 6025 1- 30 Euc I i d 2/1/80 10. 275 1. 4625 2. 602S 1- 30 Other 2/1/80 8. 32S 1. 4625 2. 25 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 21 ( 7/3/80 ) • III � .. !�''i'I « 'r . PREVAILING RATE 5CHEDULA ' Stateof New York Case Number Bureau 0; Department of Laborli Public Work 8002867 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS1 Effect. wage health date basic and pen- suppl . other supplements ' hourly welfare Sion unemp. rate (A) (.B) (C) (D) through (M) CARPENTER Carpenter (H/H) 2/1/80 12. 69 1. 70 1. 03 G-. 95, H-. O5, 1- 75 Appr. 1st, term 2/1/80 6. 98 1. 70 1. 03 G-. 95, H-. 05, 1- 75 Nassau Co. (Soluth of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/ H) 2/1/80 12. 80 1. 50 1. 49 G-. 95, H-. 06 Appr. lstll term 2/1/80 6. 40 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpen er(H/E ) 2/1/79 12. 8S 1. 33 1. 71 G- 90' -. 90, H-. 06 Appr. 1st term 2/1/79 6. 40 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 2/1/80 12. S9 1. 70 1. 03 G-1. 01, H-: O5. I-_ 75 Appr. 1st! term 2/1/80 6. 92 1. 70 1. 03 G-1. O1, H-. O5, I-. 75 I ------------------------------ Ti tuber an i 2/1/80 11. 65 1. 70 1. 03 G-. 95, H-. 05, I-. 75 Helper 2/1/80 10. 14 1. 70 1. 03 G-. 95, H-. O5, I-. 75 ELECTRICIAN-HI E�MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. EI ctri cyan 6/1/8-0 12. 30 8% 4 1/2% G & L-6 1/2%, I-7% H-5/8%, J-3% Appr. lst therm 6/1/80 4. 57 8% 4 1/2% G & L-6 112%, I-7% LABORER( VY/HNY) Laborer (H/H7) Basi c, Concrete, Jackhammer 2/1/80 8. 50 10 V. 13 V. G-. 75 ipelayer, Land- cape, Trackman 2/1/80 8. 50 10 % 13 V. G-. 75 ower Tlool 2/1/80 8. 50 10 % 13 % G- 75 sphal-t, Raker, Form Setter 2/1/80 9. 10 10 '/. 13 V. G-. 75 sphalt, Shoveler and Tamper 2/1/80 8. 90 10 '/. 13 % G-. 75 MASON Cement Finisher 2/1/80 12. 60 2. 19 2. 02 H- 01 Ap r. ist, term 2/1/80 6. 30 2. 19 2. 02 H-. 01 STRIPER Stri pi ng Macl,h. Oper 5/1/80 9. 80 . 59 . 69 G- 68 Liner an 5/1/80 10. 30 62 71 G-. 72 TREE TRI MING + Tree Trimmer 12/2/79 8. 43 . 34 . 2S 1st 6mo 12/2/79 5. 51 . 34 . 2S Ground an, Drillver is 6mo 12/2/79 6. 07 . 34 . 2S Driver 2ndl 6mo 12/2/79 6. 36 . 34 . 2S Dri ver after 1 yr. 12/2/79 6. 95 . 34 . 25 TREE REMOVAL & LANDSCAPING Landsc pe Laborer 2/1/80 8. 50 10% 13% G-. •75 Mu 1 chi g Machli ne Oper. 2/1/80 11. 495 9% of 2. 00 . 20 G-1. 00, H-. 15, M-. 10 rate+vac. Stump :hipper Mach. 2/1/80 10. 47 9% of 2. 00 . 20 G-1. 00, H-. 15, M-. 10 rate+vac. Truck 3river 2/1/80 8. 325 1. 462S 2. 25 WELL DRI L R We I I D i I I er 3/1/80 10. 55 7% 2. 00 G-. 40 HD I joer 3/1/80 8. 85 7% 2. 00 G-. 't0 ( OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 21 7/3/80 ) ` PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8002867 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare sioil unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 7/1/80 12. 16 . 90 . 70 F-. O5, G-. 70, I-1. 50 Instrument Man 7/1/80 10, 21 . 90 . 70 F-. 05, G-. 70, I-1. 50 Rodman/Cheri nman 7/1/80 8. 91 . 90 . 70 F-. 05, G-. 70, I-1. 50 Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts lel: On or after July 2, 1979 POWER EOUIPMEiJT OPERATOR (H/H) Asphalt Spreader 271/80 12. 68 9% of 2. 00 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 05 hourly Boring Machine 12. 62 rate + Bulldozer 11. 87 vac. Compressor-Single 11. 495 Compressor-2 or more in battery 12. 10 Concrete Pump 12. 14 Concrete Spreader 12. 68 Concrete Breaker 10. 78 Conveyor 11. 87 Crane 12. 68 Location, Effective Date and DragIitie 13. 05 Supplemental Benefit Payments - Finishing Machine 11. 87 are the same for all Power Equipment Fireman 11. 87 Operators. Generator 11. 79 Grade-A I I Oper. 13. 05 Grader .12. 08S Front End Loader 12. 405 Mai nt. Eng. 11. 87 Mulching Machine 11. 495 Oi ler 10. 47 Piledriver 13. OS Post Driver (Guard Rail ) 12. 62 Power Broom 10. 92S Pump (Under 4") 11. 495 Pump (Over 4") 11. 88 Ridge Cutter 10. 78 Roller - ST & Under 11. 87 Roller - Over 5 Ton 12. 22 Scraper 11. 87 Shovel 13. 05 Stump Chipper 10. 47 Tractor-Caterpiller or Wheel 10. 255 Track Tamper 10. 47 Trenchi ng Machi iie 12. 39S OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 21 C 7/3/80 ) I SENDER: Complete items 1,2,and 3. c Add your address in the"RETURN TO"space on 3 reverse. PO4CI 8I The following service is requested (check one). ® Show to whom and date delivered. . . .. .. .. . F-1 Show to whom,date,and address of delivery. RECEIPT FOR CERTIFIED MAIL ._¢ NO INSURANCE COVERAGE PROVIDED— °° ❑ RESTRICTED DELIVERY NOT FOR INTERNATIONAL MAIL Show to whom and date delivered. .. .. . . .. . (See Reverse) ❑ RESTRICTED DELIVERY. ! SENTTO Show to whom,date,and address of delivery. Mr. David J. Whe 1 an, Pr (CONSULT POSTMASTER FOR FEES) r16q4WNMarine Const . In 2, ARTICLE ADDRESSED TO: srA� S of Hi1�--Ftd Mr. David J. Whelan, President ast Ham ton NY 11937 „ Whelan Marine Construction, I POSTAGE $ Box 158 Mile 11 R�a�l I CERTIFIED FEE " ¢ M ��au��r' } '�e'� `- o , 937 _ Z 3. ARTICLE DE RIPTIO�1: W SPECIAL DELIVERY ¢ REGISTERED NO. CERTIFIED NO. INSURED NO. RESTRICTED DELIVERY ¢_ m /{ 4 IP04 03459I0 x y W SHOW TO WHOM AND `� ¢ ' J y 9 (Always obtain signature of addressee or agent) _ DATE DELIVERED ANDnoDREssoE ¢ I have received the article described above. w h SHOW TO WHOM,DATE, m SIGNATURE _❑ Addressee ❑ Authorized agent a a W rL DELIVERY m g w SHOW TO WHOWAND DELIVERED WIT = o DELIVERY y 4 DATE OF DELIVE POSTMARK ` � SHOW T ATE WANDFO� ADOBE QQ IVE _♦ ¢ I, � + ,!•. 6f'}f i ; j REST 1£1}DELIVE r Z 5. ADDRESS (C plete only if r ueted 1 TOTAL POSTAGE FEESs $ D ( n 1 O POSTMARK OR Dso g 6. UNABLE TO DELIVER BECAUSE: -- CLERK'S C INITIALS 00 w r Gro: 197e-37Y382 o. I OFFICE OF TOWN,CLERK TOWN OF SOUTHOLD JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK ^a 'oiI 4 r REGISTRAR OP VITAL STATISTICS - (S16) 765-1801 Southold, L. I., N. Y. 11971 November 26, 1980 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. David J. Whelan, President Whelan Marine Construction, Inc. Box 1958, Mile Hill Road East Hampton, New York 11937 Dear Mr. Whelan: As you are aware, the Town Board accepted your bid for the bulkhead work at Mattituck Creek on August 26, 1980. You were advised of this fact by letter dated August 28, 1980. You were also advised of the various requirements that you must comply with. It has now been almost three months since the award of this bid and at the present time you still have not produced all of the requirements necessary to proceed with this work. I have been directed to advise you that if you do not produce a satisfactory Performance Bond within ten days from the receipt of this letter that the Town Board will declare you to be in default and proceed to award the contract to someone else. If this should occur, the Town will, of course, hold you responsible for any loses incurred by reason of such default . Very truly yours, Judith T. Terry Town Clerk cc : Southold Town Board Members Town Attorney Tasker i OFFICE OF,'TOWN C�I;ERK TOWN OFA$OUT OLD : . JUDITH T.TERRY SUFFOLKC COUNT, TELEPHONE } s -,TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 2, 1980 Mr. David DeRidder Environmental Enalysis Unit Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder: Enclosed find completed short Environmental Assessment Form and copy of map of the proposal o 1 f the Town Southold for the reconstruction of bulkhead at Mill Road, Mattituck, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until December 22 , 1980. We shall interpret lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Southold Town Clerk Enclosure cc: Commissioner Flacke Southold Town Building Department Southold Town Trustees Southold Town Conservation Advisory Council OFFcE ltiF TO CK TO NOF OUTHQED JUDITH T.TERRY SUIT FOLK CQUNTY TOwN CLERK TELEPHONE�r (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 2, 1980 To Whom It May Concern: Attached hereto is Environmental Assessment Form completed by the Town of Southold in connection with the proposal of the Town of Southold for reconstruction of bulkhead at Mill Road, Mattituck, New York. Judith T. Terr/� Southold Town Clerk Posted on Town Clerk' s Bulletin Board on 12/2/80 • TOWN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS : a In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action . It is not expected that additional studies, research or other investigations will be undertaken . (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary . (c ) If all questions have been answered No ' it is likely that this project is not significant . (d) Environmental Assessment 1 . Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . . Yes X No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . . . . . Yes X No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . . . . Yes X No 4. Will project have a potentially large impact on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . Yes X No 5 . Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . . . . . . . . . . . . . . Yes X No 6 . Will project affect any threatened or endangered plant or animal species? . . . . . . . . . . . Yes X No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No 8 . Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes X No 9 . Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? . . . . . . . . . . . . . . . . . 6 . . . . . . . . . Yes No 10 . Will project have a major effect on existing or future recreational opportunities? . . . . . . . . . Yes X No 11 . Will project result in major traffic problems or cause a major effect to existing transportation systems? . . . . . . . . . . . . . . . . . . . . . . . YesX No 12 . Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project ' s operation? . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . Yes X No 13 . Will project have any impact on public health or safety? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . YesX No 14. Will project affect the existing community by directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No PREPARER ' S SIGNATURE ',- William William R., Pell, IIT, Supervisor REPRESENTING Town of Southold DATE December 2 , 1980 OFFICE OF TOWN CLERK TOWN OF SOUTHOLD JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 September 8, 1980 TO WHOM IT MAY CONCERN: Whelan Marine Construction, Inc. has been awarded the bid for the reconstruction of bulk- heading at Old Mill Road, Mattituck, New York. In order to enter into an agreement with the Town of Southold Mr. Whelan must obtain the necessary permits from authorized agencies for the project . Judith T. Terry Town Clerk OFFICE OF TOWN CLERK TOWN OF SOUTHOLD JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. L, N. Y. 11971 August 28, 1980 Mr. David J. Whelan, President Whelan Marine Construction, Inc. Box 1058, Mile Hill Road East Hampton, New York 11937 Dear Mr. Whelan: The Southold Town Board, at a regular meeting held on August 26, 1980, awarded you the bid for the re- construction of approximately 75 lineal feet of bulkhead along the easterly side of Mill Road adjacent to Mattituck Inlet at Mattituck, New York at the bid price of $15, 600. 00. I am enclosing a copy of the proposed agreement for your information. Before the agreement can be executed by you or the Supervisor, the following items must be presented to me: 1 . All of the required State and Federal permits for the project, as well as any other authorized agency, as out- lined in Section 8 of the proposed agreement . 2. Liability insurance coverage as outlined in Section 14 of the proposed agreement. 3. Workmen' s Compensation insurance as outlined in Section 6 of the proposed agreement. 4. Performance Bond in the amount of the bid price and labor and material• bond in the full amount of the bid price. ( copy of the proposal you submitted enclosed) . Very truly yours, Judith T. Terry Town Clerk Enclosures (2) WHELAN MARINE CONSTRUCTION RECEIVED Box 1058 AUG 2 EAST HAMPTON, NEW YORK 11937 1980 (516) 324-2528 Town► Clerk Southold August 20, 1980 Mrs. Terry, Town Clerk Town Hall Main Road Southold, NY 11971 Dear Mrs. Terry: se Von Enclosed area copies of a brief letter of introduction which has been prepared for the benefit of the members of the Southold Town Board. I would greatly appriciate it if you could distribute them or arrange for the letter to be read at the Town Board meeting, whichever procedure you deem to be proper. I have also enclosed a blue case containing 15 pictures of work done by our outfit which I'd like to be available to anyone interested in viewing them, but I' d like them to be returned. Please call me at 324-2528 if there is any problem with my request. Thank you. Very truly yours, l I /V Mary M. Whelan, Sec. WHEAN MARINE CONSTR&TION , III C. RECEIVED Box 1058 AUG 2 2 1980 EAST HAMPTON, NEW YORK 11937 (516) 324-2528 Town C'erk Southold August 20, 1980 Members of Southold Town Board Town Hall Main Road Southold, NY 11971 Dear Member: As you know, the bid of David J . Whelan Marine Construction, Inc. on the bulkheading job at Mill Road was the lowest one submitted and the Town Board will be considering me ,as a contractor for the job. The intent of this letter is to familiarize you with my work, that is those of you who know little of or about me and my business. My name is David J . Whelan and I reside and have a place of business in East Hampton, New York. I have been a Marine Contractor for the past four years, during which time I have been involved in many diverse projects and have proven myself competent. Attached is a brief summary of some of the jobs I have completed to date, which has been compiled to give you some idea of my capabilities and accomplishments. There are pictures to accompany the summary which are available for your viewing through Pers. Terry, Town Clerk. Our name may not be as familiar to you as perhaps some of the other marine contractor' s are, but we have never bid on a job for Southold Town and have concentrated on the South Fork. I hope that this letter is useful in providing some background, whatever decision you reach. Feel free to contact Mrs. Mary Fallon, East Bampton Town Supervisor as a reference, or if I can be of any hely, please call me . Thank you for your consideration. Very truly yours, f David J . Whelan, Pres . • + r • UPDATE OF PROJECTS COMPLETED - PREPARED FOR TOWN BOARD OF SOUTHOLD 2/80 thru 4/80 THE DEEP SEA CLUB, STAR ISLAND, 140NTAUK, NY I installed a new 285 ft. bulkhead, 60 ft. return and 318 ft. retaining wall which I decked over to create a 340 ft. walkway, I also did dredging. 4/80 JOHN GARRETY- ROBERTSON DRIVE, NORTH HAVEN , SAG HARBOR, NY I reconstructed a 5' by 100' dock by replacing piling and damaged stringers. 4/80 Viking Dock- :JEST LAKE DRIVE, MONTAUK, NY I installed an 80 ft. bulkhead and reinforced another section with new piling, tie rods and deadmen and did some maintainence dredging. 5/80 STAR ISLAND YACHT CLUB, STAR ISLAND, MONTAUK, NY. I set some new piling and am currently (8/80) contracted to build two new travel lift slips. 6/80 EAST HA14PTON TOWN, EAST HAMPTON NY - set poles in Northwest Harbor to tie off Town sail boats. 6/80 Sag Harbor Yacht Club, SAG HARBOR, NY I set a number of new piling and reset others and constructed a piling dolphin. I also rebuilt the end of a finger pier. 6/80 MONTAUK MARINE BASIN, MOI.ITAUK, NY- - reset piling 7/80 DEVON YACHT CLUB, AMAGANSETT, NY - maintainence dredging 7/80 BUYS HARBOR , EAST HAMPTON NY - levelling of damaged dock and reinforcing with new piling 8/80 Sag Harbor Cove SAG HARBOR, NY construction/ reconstruction of three small private docks ,.!'AIY OF !'AJ01 P:tOJ:CTS C0%:PL"IT ;D TO DAT7; 6/78 LON-1 JtIARF IdARINA . SAu HARBOR , NEbd YORK I constructed the long dock which extends out past the Fish House, as well as all of the finger piers . I dredged the basin where necessary and set all tie-off piling. This was my first major job and a job well done. 6/78 SAI HARBOR YACHT CLUB, SAI HARBOR , NEW YORK I reconstructed 150 feet of bulkhead on the south side of tho Yacht Club, along Bay Street, which was partially collapsed and in urgent need of repair. This job required: 1 ) digging of fill, 2) straightening of bulging sections, 3) placement of new piling and .whalers, 4) new deadmen, 5) construction of a walkway, and 6) backfilling and grading of surface. 11 /79 I put a new foundation under the building which sits on piling at the SITYC . This involved setting and hammering 24 new treated piling, raising and blocking the building while setting steel "I" beams in place, and fastening the building to the beans. The foundation was then braced and bolted. 12/78 HALSEY MARINA, THREE MILE HARBOR ROAD, EAST IiAI.IPTON, NY This contaact required the construction of an entirely new marina. I built 455 feet of new bulkhead which also entailed the removal of an old section and the cutting away of a piece of land to meet the design requirements. I put in 340 feet of 5' dock, 205 feet of 4' dock and 80 feet of 36" dock, as well as seven 30" finger piers. I also did 10 days of digging with my crane to prepare- for the dredging of the entire marina, and set 39 tie-off piling. The result of these efforts is a sound, good- looking marina. 3A79 WATERFRO.IT PROPERTY OF PALLOTTINES Or NORTH HAVEN, QUEEN OF THE APOSTLES RETREAT HOUSE, NTUITH HAVEN , SAG HAR3On , :aY I installed a new 206 foot section of bulkhead along the w waterfront of this property ; f'einforced an additional 50 feet of existing bulkhead ani conatry ated 3 wooden ietfi ei . I alb o repaired the existing jetties where necessary. Due to the irregular coastline and wave action, it was impossible to use my barge and crane for t4is fob, so did it from the beach with the hepp of my 4ucks. backhoe. 12/79 I installed an additional 37 feet of bulkhead and repaired ice-damaged groins. 1 /80 I am currently under contract to install a new 320 ft. section of bulkhead along the same waterfront. At the time of this writing, the job is X0(1 % complete . 8/79 VILLA-JE OF SAG IiARBOA I repaired 44 feet of bulkhead along Marine Park and reset a number of piling. 3/79 reset 60 piling 10/79 TO-IN DOCK AT WEST LAK DRIVF , 1ri0.1TAUK, NY I radecked approximately 185 feet of this 14 foot wide dock after taking up the old decking and removing it from the site 12/79 I set and bolted 36 piling to this dock. +' throughout these projects, I have installed docks and piling for a number of private waterfront property owners. 'NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed proposals COUNTY OF SUFFOLK are sought and requested by STATE OF NEW YORK ss: the Town Board of the Town of Southold,Suffolk County,New York,for the'reconstruction of bulkheading in the Town of Southold,Suffolk County,New Patricia Wood, being duly sworn, says that she is the York. 1 The sealed proposals will be Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o public newspaper printed at Southold, in Suffolk County; received by the Town Board at the Southold Town Hall, and that the notice of which the annexed is a printed copy, Southold,New York,until 3:00 P.M. (prevailing time) on has been published in said Long Island Traveler-Watch- August 18,1980,at which time man once each week for ..............I........................ weeks and place they will be publicly opened and read aloud. Spec- successively, commencing on the ......... .............................. ifications, a proposed contract for the execution of the work, 19w day of .. .. and forms of proposal.can be examined and obtained from Judith T. Terry, Southold — _ ... ........... ......................................... Town Clerk, Town Hall, 53095 •••••••••••••••••• Main Street, Seathold, New York. Proposals must be upon and in accordance with the form of /f proposal prepared by said Sworn to before me this .... .................. day or Town, which proposals shall be made and will be received upon the following conditions: .� .. .ice, . �..........., 19..L:i:... Each proposal must be ac- companied by the deposit of a certified check made payable to the order of the Town of ( X x i�c L_ Southold in an amount of not ............................................ ..r. .�.......... less than Five(5%)percentum Notary Pub of the total bid price, con- ditioned that if the proposal is accepted, the successful bid- der will enter into a contract CLfMFNT.a 7f4CeA"PSON for the work and will, within !VOTARY f't;8tIC, State of New fork five (5) days from the date of :'J.52.5311725 the acceptance of the proposal residing in Suffolk C'uaq furnish the required security. Commission Expires ht2rrh All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town,or fails to give the required security within the prescribed time, then the check deposited with the pro- posal and the monies standing to the credit of the same, shall be forfeited to the Town of Southold. The Town Board of the Town of Southold reserves the right to reject any and all proposals and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of Southold. All proposals must be sign- ed and enclosed in sealed envelopes plainly marked "Bid for Bulkhead" and ad- dressed to the Southold Town Board,Town Hall,53095 Main Street, Southold, New York. Dated: July 31, 1980 SOUTHOLD TOWN BOARD by Judith T.Terry, Town Clerk 1T,8/7/80(30) Proposals must be upon and + in accordance with the form of proposal prepared by said Town, which proposals shall be made and will be received upon the following conditions: Each proposal must be ac- companied by the deposit of a certified check made payable • to the order of the Town of Southold in an amount. of not less than Five (5%) per- centum of the total bid price, conditioned that if the pro- posal is accepted, the success- ful bidder will enter into a contract for the work and will, within five (5) days from the date of the acceptance of the proposal furnish the required security. All deposits except that of the successful bidder will be returned. Upon the acceptance of his OF SUFFOLK, ) bid, if the successful bidder F NEW YORK, ss: fails to enter into a contract pursuant to the requirements GUSTAVSON of the Town,or fails to give the . • . . . . required security within the being duly Sworn, NOTICE TO BIDDERS prescribed time, then the . 5.� . . , is Printer and Publisher of the SUFFOLK NOTICE IS HEREBY check deposited with the pro- GIVEN that sealed proposals posal and the moneys standing TIMES, a newspaper published at Greenport, in said are,sought and requested by to the credit of the same,shall the Town Board of the Town of be forfeited to the Town of nd that the notice, of which the annexed is a printed Southold,Suffolk County,New Southold. York,for the reconstruction of The Town Board of the Town ; been published in the said Suffolk Weekly Times bulkheading in the Town of of Southold reserves the right Southold,Suffolk York. and to waive any an . .County,New to reject any and all proposals ach week, far QNE _d all • . • . . . . . weeks The sealed proposals will be informality in an received by the Town Board at should it be deemed in thebestEly Commencing on the . S e'Y�enth the Southold Town Hall South- interest of the Town of South- AU v S t old,New York,until 3:00 P.M. old. 1980. (prevailing time) on August All proposals must be signed 18, 1980, at which time and and enclosed in sealed enve- ' ''? . . . . . . . . . . . . . . . place they will be • • • opened and read aloud.publicly lopes pe'ad marked Bid for i before me is 7 pecif- Bulkhead and addressed to open ns a proposed " -. " " " ' for the executioon of theworkTown Ha11o1d Town 53095 Main Street; l -`-,.,�,�-. . . . 1 X0..1 n �/ and forms of proposals can be Southold, New York. examined and obtained from Dated: July 31, 1980. Judith T. Terry, � � � " " " " ' . . . . . Town Clerk, Town Hall, SOUTHOby TOWN BOARD Main Street by Judith T.Terry, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Southold, New Town Clerk York. 1TA7-3498 HEVN K DE VOE -- NOPY FUbIIC. $falx of No. 47 New York Term E R,es M-rc 3ftolk , 1', y Uh 3J, i l COUNTY OF SUFFOLK. 1 STATE OF NEW YORK. J ss: JOAN GUSTAVSON being duly Sworn. 'i says that . SHE. . , is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in each week, for . . .. . . . . . . . . . . . . . . . . . . . . . . . weeks successively commencing on the eventh , , , , , , , , , , , , , , day of . . August. . . . . 1980 . . . . . . . . . . Sworn to before me is . . .�. . . . . day of j . . . . . . . . . . . . . HELEN K DE VOE ` NOTARY PUBLIC. State of New York j No.4707878,Suffolk County Term Expires March 3U, 19dr/ I OFFIC ORNEY ROBERT W.TASKER T D TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 July 31, 1980 Hon. Judith T. Terry Southold Town Clerk Town Hall Southold, New York 11971 Re: Bid Documents for Reconstruction of Bulkhead at Mill Lane, Mattituck Dear Judy: I have prepared the bid documents for the reconstruction of the bulkhead at Mill Lane, Mattituck and they are handed to you herewith. Each set consists of the following: Proposal, Notice to Bidders, Specifications and Proposed Contract with minimum wage rates annexed. I believe that the Town has already passed a resolution authorizaing the rebidding of this job. Accordingly, you can photostat a copy of the Notice to Bidders and make arrangements for publishing the same. I would suggest that at least ten days from the date of publication to the bid opening be provided. If you have any questions, please contact me. Yours very truly, ROBERT W. TASKER RWT:MY Enclosures OF FICE OFT01VIMC�CRK TOWN OF SOUTHOL1 JUDITH T.TERRY �1jFFOLK COUNTY TELEPHONE TON CLERK �' fa (516) 765-1801 W REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 June 27, 1980 Mr. T. E. Samuels, President James H . Rambo, Inc. Wunneweta Road Cutchogue, New York 11935 Dear Mr. Samuels: The Southold Town Board at a regular meeting held on June 26, 1980 awarded you the bid for the bulkheading at Old Mill Road at Mattituck, New York at a bid price of $12,064. 00. Very truly yours, Judith. T. Terry Town Clerk JAMES WRAMBOAC. BISHOPS LANE SOUTHAMPTON, N. Y. 11968 PHONE: (516) 283.1254 WUNNEWETA ROAD CUTCHOGUE, N. Y. 11935 PHONE: (516) 734-5858 ,%o�tvx VAd 71c,rZ ze- Did enc at NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) (Corporate Title) (if any) Bid onyp-w /CAStoz .2, �4�M,4�- i OFFICE OF TwYNe CLERK TOWN OF SOUTHOLD JUDITH T.TERRY SUFFOLK COt7NTY TELEPHONE TOWN CLERK 14 (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. L, N. Y. 11971 June 27, 1980 Mr. John I . Snyder Coastal Dock Building Corporation 140 Sterling Street Greenport, New York 11944 Dear Mr. Snyder: The Southold Town Board at a regular meeting held on June 26, 1980 awarded the bid for bulkheading at Mill Road, Mattituck to James H. Rambo, Inc. at a bid price of $12,064 .00. Very truly yours, Judith T. Terry Town Clerk Coastal Dock Building Corporation 140 STERLING STREET • GREENPORT, NEW YORK 11944 (516) 477-0005 June 25, 1980 Mrs. Judith T. Terry Town Clerk Town of Southold Main Road Southold, N. Y. 11971 Dear Mrs. Terry: In reply to your invitation to bid, dated June 10, 1980, we propose to bid approximately 75 lineal feet of bulkhead in Mattituck Creek at Old Mill Road to your specifications shown on the print attached to the bid for: $22,500. Sincerely, C TAL BUILDING CORPORATION John I Snyder CMK:eh i r NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person not an employee or agent of the bidder or its surety on any bond furnished herewith prior to the official opening of the bid. (Signed) John I Snyder (Corporate Title) if any) General Manager Bid on June 26, 1980 LEGAL NOTICE NOTICE TO BIDDERS 'C*0UNTY OF SUFFOLK STATE OF NEW YORK The Town Board of the Town of Southold is seeking bids for the bulkheading of 8pproximately 75 lin. A. on Mattituck Creek at Old Mill Patricia Wood, being duly sworn, says that she is the Road between Old Mill Inn Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, and Anchor Inn at Mattituck, New York. Specifications for o public newspaper printed at Southold, in Suffolk County; the construction may be ob- 3nd that the notice of which the annexed is a printed copy, tained at the Southold Town Clerk's Office, Town Hall, r.as been published in said Long sland Traveler-Watch- Main Road, Southold, New York. man once each week for ........................................ weeks The sealed bids, together with a non-collusive certific- successivei commencing on the ....�. .............................. ate, will be received by the Town Clerk of the Town of day of . .. . �`............................ 19.i:��.. Southold at the Town Hall, r Main Road, Southold, New York until 2:00 P.M.,June 26, ........... ................................ .P..... 1980, at which time they will be opened and read aloud in public.The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all inform- Sworn to before me this ........................ day of ality in any bid, should it be deemed to be in the best ....�.�...f�t s-i,. ............... 19.. .. interest of the Town of South- old to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkheadingd at Mattituck Creek" and sub- """"""""""' miffed to the Office of the Notary Pu is Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. o �; Dated: June 10, 1980 JUDITH T.TERRY Town Clerk Town of Southold 1T,6/19/80(13) ------------------------- COUNTY OF SUFFOLK, 1 LEGAL NOTICE public.The Town Board of the STATE OF NEW YORK, t ss: NOTICE TO BIDDERS Town of Southold reserves the J The Town Board of the right to reject any and all bids Town of Southold is seeking and waive any and all infor- JOAN GUSTAVSON being duly Sworn. bids for the bulkheading of mality in any bid, should it be ' ' ' ' ' ' ' ` . ' ' ' ' ' ' ' ' ' approximately 75 lin. ft. on deemed to be in the best T, Mattituck Creek at Old Mill interest of the Town of South says that . .5 � . , is Printer and Publisher of the SUFFOLK Road between Old Mill Inn oldso. WEEKLY TIMES, a newspaper published at Greenport. in said and Anchor Inn at Mattituck, Alll bids must be signed and New York. Specifications for sealed in envelopes plainly county; and that the notice, of which the annexed is a printed the construction may be ob- marked Bid on Bulkheading y� tained at the Southold Town at Mattituck Creek" and sub- Clerk's Office, Town Hall, mitted to the Office of the copy, has been published in the said Suffolk Weekly Times Main Road, Southold, New Town Clerk. The bid price York. shall not include any tax, once in each week, for . . . . . . . . . . . . . . . . . . . . . . . weeks The sealed bids, together federal, state or local, from NINETEENTH with a non-collusive certifi- which the Town of Southold is successively commencing on the . . . . . . . . . . . . . . . . . . . . . . . . . . cate, will be received by the exempt. Town Clerk of the Town of DATED: June 10, 1980 day of . . . . . . .JUNE, , , , , , lg.Q Q. Southold at the Town Hall, JUDITH T.TERRY ✓S�� Main Road, Southold, New TOWN CLERK . . . . . • • • • • • • • • York until 2:00 P.M.,June 26, TOWN OF SOUTHOLD 1980, at which time they will .TJ19-3466 Sworn to before me this .19Ab. . . . . .. be opened and read aloud in = day of .June. . . . . . . . . . . . . 19.80.. . .!�. . . . . . . . . . . . HELEN K DE VOE NOTARY PUBLIC, State of New York No. 4707878, Suffolk County Term Expires March 30, 19 Ii i�I li I. i f' STATE OF NEW YORK: SS : jICOUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of ', Southold, New York, being duly sworn, says that she is over- the is P jage of twenty-one years; that on the 12th day of June 19 80 she affixed a notice of which the annexed printed ,, notice is a true copy, in a proper and substantial manner, in a I; f; „ most public place in the Town of Southold, Suffolk County, New {' York, to wit:- Town Clerk Bulletin Board, Town Clerk Office Main Road, Southold, N.Y. 11971 'i ` Notice to Bidders: Bulkheading at Mattituck Creek. Bid Opening - 2 : 00 P.M. , June 26, 1980. Judith T. Terry, T&n Clerk f ,; Sworn to before me this I ,! 12th day of June 19 80 Notary Pub is ELIZABETH ANN NEVILLE j NOTARY PUBLIC,State of New York No. 52.8125850,Suffolk County Term Expires March 30, 19 a i f f e i i i i t is t 1` I I i LEGAL NOTICE NOTICE TO BIDDERS The Town Board of the Town of Southold is seeking bids for the bulkheading of approximately 75 lin, ft . on Mattituck Creek at Old Mill Road between Old Mill Inn and Anchor Inn at Mattituck, New York. Specifications for the construction may be obtained at the Southold Town Clerk' s Office, Town Hall, Main Road, Southold, New York. The sealed bids, together with a non-collusive certificate, will be received by the Town Clerk of the Town of Southold at the Town Hall, Main Road, Southold, New York until 2: 00 P.M. , June 26, 1980, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid, should it be deemed to be in the best interest of the Town of Southold to do so. All bids must be signed and sealed in envelopes plainly marked "Bid on Bulkheading at Mattituck Creek" and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. DATED: June 10, 1980 JUDITH T. TERRY TOWN CLERK TOWN OF SOUTHOLD PLEASE PUBLISH ONCE, JUNE 19, 1980, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies to the following on June 12, 1980: The Long Island Traveler-Watchman, Inc. The Suffolk Times Town Board Members Town Clerk Bulletin Board SPECIFICATIONS BULKHEADING APPROXIMATELY 75 LIN. FT. ON MATTITUCK CREEK AT OLD MILL ROAD BETWEEN OLD MILL INN AND ANCHOR INN. PILING: Southern pine, CCA 2 . 5 treatment, 12" butt, 8" tip, 25' long, 6' on centers. WALES: Dense No. 1 southern pine 61' x 8" CCA 2. 5 treatment, with 4' splice blocks and 4 bolts 3/4" diameter. STAVING: Dense No. 1 southern pine, 3" x 10" x 18' tongue and groove, CCA 2. 5 treatment. TIE RODS: Galvanized 1" x 20' lg. with NYDD washer at pile. BACKING PILE: Native locust 8" butt, 8' long. All hardware to be hot dipped galvanized 60 d nails at staving, 4 per plank. Sp�T FTCATICn.:S TOW CF SOUTHOLD, Nom' Y0QK Bulkheading annrox 75 In Ft on Mattituck Creek at Old Mill Road between Olk Mill Inn and Anchor Ina "iling Southern nine, CCA 2.5 treatment, 121+ butt, 8ft tin, 25, long, 61 on centers Wales Dense No. 1 southern nine 6" x 81► CCA 2.5 treatment, with 4' snlice blocks and 4 0 bo is 3/4=, diam. Staving Dense No. 1 southern nine, 3''x101+ x 181 Tongue and gvvove, CCA 2.5 treatment Tie ?bds Galvanized 1« (7 x 201 lg with NYD') washer at nile Backing nile Native locust 811 butt, 8' long All hardward to be hot dinned galvanized 60 d nails at staving, 4 per plank LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 GREENPORT 7-1652 JA/4 t�s -f� p f v w cry A C t 6-lo c Dtnsr 1Vv ! 'Ra GO Na /�rpos o �i/, c Iaw86 d, z o s z Peep* Ivo J �l Y1 CCA, C '4 2.S "T/,eo a. C . 2 s` .4 140, M /b,t. C ty a © a` �jr :?twct� rC-/7 OL, �hn ell �~r► I/ h LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 OREENPORT 71652 RESOLUTION - APRIL 22, 1980 RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for repair of approximately 78 ft. of bulkhead in Mattituck Creek at hill Road, Mattituck, New York. C � . ,AI C® TRACTNGI 'CORP ®DOCK BUILD,IHG•J•ETrIESeBULKHEADINGrSTEELri.WOOD PILIN+ *PILE, MUNCATTC S BOX AK •: GREENPORT, NEW YORK 11944 :- (516) 477-1199 (516) 477-1393 f f @ f r March 21, 1980 } i r:? +• { ,'� ,- �. - zrrtr .�k..� it t: ,..s{ csb�.: S ° # yt s � tt �" t t&�d i t' t Xi t I, ln, .a, S <r 3 : A d t r Lr L x4�.*, ` Supervisor,William Pell g Southold Town Ha1L { } } _ t:, p + ty z if 5 r" f iSrA as. f>tg s, Aw tj s E 1 i dA Southold, Mew York -.t '. '` f{ +�; .' r y #! 2y3�'r'"'F t t '�cc { f $'FL w{ y. ? '�✓ ��-� �s � rk E� }� t:r� + +{ Dear SupervisorP Pell: s r 1 a" .d ' A Pursuant to iour`conversation last week where you advised me to inspect approxirnately;78!: of Southold Town bulkhead in Mattituck=Creek between the A-nchor Inn and the Old li/Vo .1., atsi after zny ir�s}x:ct:ion of the bulkhead, we are submitting estimate-,, tis;tip, the following rna serial. specifications: 25' CCA piling, 6' on center 3x10x20 tongue ,& groove sheathing 6x8 top & bottom- stringers 1''x20 'galvanized tierods r f New CCA backing t Material costa.will run, $115 per,'foot,,or-approximately.$8900;for .,.material for-the"l'complete job•"R L bor to install the .bulkhead will run - approximately $6800; " The equipmentF�necessary to perform. this job F ,would r4n-,approximately=-$3000;, which Southold Town could have,the' ,'option of supplying '(backhoe'and crane) for the length. of the job; which `would be approximately seven C� working days. Removal of the existing bulkhead`"'and disposal of such would cost approximately $1500; which again could be done by Southold Town, An additional 100,yards of fill°will be needed which could be suFplied by us at a cost of $300,- or supplied by Southold Town. - - � 2 4 1980 JOWI �.. sw t t 5' r r i Costello Marine-Cont ting Corp. Page 2 to Supervisor Williaell, dated March 21, 1980 If we did the complete job:we wuuld contract with-you for the price 0f'$19 356';•` If--Southold Town was supplying a:crane.and backhoe; trucks to remove the old bulkhead, and the necessary fill to cornliete the job, we would do this job for-'the price" of $14; 206, UQ, z We thank you for the opportunity to submit this estimate. If we can be of any further,assistance; please feel free to call. { E 'I' Very truly yours, Ly i iii ;r f rel F p ' , R 3 Y ? S S t`Fl Y 4 .A John A, yCostel.lo, President 1 G A Costello Marine Contracting Ccrp JAC:mgl , ..A 24 1980 4 1