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HomeMy WebLinkAboutBulkheading - Gull Pond Inlet z p,Ln I Town Hall, 53095 Main Road ®� P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 27, 1986 Costello Marine Contracting Corp. P.O. Box A K Greenport, New York 11944 Attention: Linda: Dear Linda: Pursuant to our telephone conversation this afternoon, we have located the bid check in question and I am returning herewith certified check no. 3621 in the amount of $487.50 dated 5/28/81 received as 5% bid deposit on the "Repair and extension of bulkhead and dredging at Gull Pond, Greenport, N.Y." My apologies for the oversight in failing to return this check. Very truly yours,/ J dith T. Terry Southold Town Clerk INTERNATIONAL FIDELITY INSURANCE COMPA i 24 COMMERCE ST., NEWARK,NEW JERSEY 07102 GENERAL FORM STATUS INQUIRY Town of Southold Noveinber 10, 19 81 OWNER.OBLIGEE OR ORIGINATING CO. Suffolk County Our Bond No. 087573 ADDRESS Southold, L.I„ New York 11971 Reinsured's No. Contractor: Costello Marine Contracting Corp. Address: Box# AK, Greenport, New York 11944 Description of Contract: repair and extension of bulkhead and dredging at Gull Pond (INCLUDE LOCATION AND OWNER'S CONTRACT NUMBER) Greenport, New York Town of Southold Owner: Contract Price $ Bond(s) $ 911750.00 Effective Date 6/15/80 Without prejudicing your right or affecting our liability under our bond(s) described above, we would appreciate such of the following information as is now available. ap V ty,-fruly yours, Stamped addressed envelope is enclosed for reply 1. IF CONTRACT COMPLETED, PLEASE STATE: Approximate date of completion of workor final delivery) October 1, 1981 Approximate acceptance date October 21, 1981 Final Contract Price$ 10 015. 00 2. IF CONTRACT UNCOMPLETED, PLEASE STATE: Approximate percentage or dollar amount of contract completed or delivered_ 3. Do you know of any unpaid bills for labor or material (Check) No--Yes-(If yes, please explain in 4. below) Unknown 4. Remarks: (if any) Date November 12 1981 Signature Please Return Original of This Inquiry To Title Southold TOWri Clerk Address: Attention: _ s. S Ht SM - 4 5-100 ORIGINAL �f INTERNATIONAL FIDELITY INSURANCE COMPANY L3 24 COMMERCE ST., NEWARK,NEW JERSEY 07102 I GENERAL FORM STATUS INQUIRY TCum of Solit-hold U,te"er 10 19- OWNER.OBLIGEE OR ORIGINATING CO. Suffolk Coltnty Our Bond No. nT _ ADDRESS ' 20e1l-hold, I 1, , -Now York 31971 Reinsured's No. 1 Contractor: Coattel In Marine Contracting Corp Address: Rox;ff AK, Croonport,Uew Vnr-II: 11.344 r Description of Contract: rami r and extension of bulkhmadand dredging at Cull Pend (INCLUDE LOCATION AND OWNER'S CONTRACT NUMBER) l GTePnpore, New York E Owner: lawn of Southold f Contract Price $ Bond(s) $ 9,7 5}_^C Effective Date Without prejudicing your right or affecting our liability under our bond(s) described above, we would appreciate such of the following y information as is now available. pp Very truly yours, Stamped ai"Ifessed envelope is enclosed for reply t 1. IF CONTRACT COMPLETED, PLEASE STATE: Approximate date of completion of work (or final delivery) Ont 6h r l 1981 Approximate acceptance date October 21, 1981 Final Contract Price$ 10, 015. 00 2. IF CONTRACT UNCOMPLETED, PLEASE STATE: i Approximate percentage or dollar amount of contract completed or delivered_ t 3. Do you know of any unpaid bills for labor or material (Check) No _Yes (If yes, please explain in 4. below) f Unknown 4. Remarks: (if any) �EE f December 24 81 ✓���-��'�� Date 19 Signature Please Return Original of This Inquiry To Title Southold Town Clerk ( 4 4. Address: Y Attention: 5-81 5M S-100 FOLLOW UP COPY K JUDITH T.TERRY TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I. N. Y. 11971 NEGATIVE DEftARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: November 10, 1981 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6 NYCRR 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 , which is unlisted, will not have a significant effect on the environment . DESCRIPTION OF ACTION _ Southold Town project for the repair and extension of bulkhead and dredging at Gull Pond, Greenport, 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 effects 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 comrhents 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 : David DeRidder, DEC, Stony Brook Commissioner Flacke, DEC, Albany Southold Town Building Department Town Clerk Bulletin Board ��UFFOCk�D y JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 October 6, 1981 Mr . David DeRidder Environmental Analysis Unit N.Y.S . Dept . of Environmental Conservation Building 40, SUNY - Room 219 Stony Brook, New York 11794 Dear Mr. DeRidder : Enclosed is proposed project by the Town of Southold for the repair and extension of bulkhead and dredging at Gull Pond, Town of Southold, Greenport, New York. This project is unlisted and our initial determination of non-significance has been made and we wish to coordinate this action to conform 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 October 26, 1981 • We shall interpret your lack of response to mean there is no objection by your agency. Very truly yours, Judith T. Terry Town Clerk Enclosures cc : Commissioner Flacke Southold Town Building Department OFFICE OF.TOWN CLERK TOWN OF SOUTHOLD JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OI' VITAL STATISTICS Southold, L. I., N. Y. 11971 October 1, 1981 TO WHOM IT MAY CONCERN: Attached hereto is a Short Environmental Assessment Form relative to the Southold Town project for the repair and extension of bulkhead and dredging at Gull Pond, Greenport, New York. G�� 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 . Will project result in a large physical change. to the project site or physically altex more than 10 acres of land? . . . • YesX No 2 . Will there be a major change to any unique or unusual land form found on the site? . . . . . . ... . . YesjL_No 3 . Will project alter or have a large effect on existing body of water? . . . . . . . . . . . . . . . . . . . YesX No 4. Will project have a potentially large impact on groundwater quality? . . . . . . . . . . . . . . . . . . . . . . . YesX Ao 5. Will project significantly effect drainage flow on adjacent sites? . . . . . . . . . . . YesX No 6 . Will project affect any threaten ed.or endangered plant or animal species? . . . . . . . . . . . YesX No 7. Will project result in a major adverse effect on air quality? . . . . . . . . . . . . . . . YesX 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? . . .. . . . : . . YesX No 10 . Will project have aMajor effect on existing or future recreational opportunities? . . . . . . . . . YesX 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: ob:j.ec.tXanabi _ odors, noise, glare-, vibration, orx eke 1McnZ', disturbance as a result of' the projec-t.,`_- . operation? . . . . . . . . . . . . . . . . . . . . . . . . . YesX, No 13 . Will project have any impact on pub,1d he.alt.h. or .safety? . . . . . . . . .. . . . . . . . . . . . . ....�........,.,. Yes X No 14. Will project affect the existing commun .ty �by� directly causing a growth in permanent"; population of more than 5 percent over axone 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 REPRESENTING Supervisor , Town of Southold DATE October 1, 1981 i DEPARTMENT OF THE ARMY 0 NEW YORK DISTRICT. CORPS OF ENGINEERS 26 FEDERAL PLAZA NEW YORK, N. Y. 10278 REPLY TO ATTENTION OF: NANOP-E 1 September 1981 Application No. 81-190 Permit No. 12063 Location: in Orient Harbor, Gardiners Bay at Greenport, Suffolk County, New York VIE Town of Southold Main Road ' SEP ` g 1981 Southold, NY 11971L; I'()`"u' S 0 U T Dear Sir: Inclosed is a Department of the Army permit for your proposed work. Please display the inclosed Notice of Authorization sign at your work site. Condition (n) of the permit requires you to submit to this office the dates, of commencement and completion of your work. Inclosed are two postage paid postcards for you to use to submit the required dates. If, for any reason, a change in your plans or construction methods is found necessary, please contact us immediately to discuss modification of your permit. Any change mus e appr ed before it is undertaken. n erely D4 Incls ZA IT 1, Permit w/dwgs hi 0 e at s Division 2. Notice of Authorization 3. MANY FL-192 4. NAVY FL-193 Application No. 81-190 1Public Notice No. 10682-81-190- Name of Applicant Town of Southold Effective Date 31 August 1981 Expiration Date (If applicable) 31 August 1984 DEPARTMENT OF THE ARMY PERMIT #12063 Referring to written request dated 6 March 1981 for a permit to: RK) Perform work in or affecting navigable waters of the United States,upon the recommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C.403); 1 1 Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat.816,P.L.92-500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052;P.L.92-532); Town of Southold Main Road Southold, NY 11971 is hereby authorized by the Secretary of the Army: to construct an 18' jetty to the west of the channel in order to stabilize the beach and minimize shoaling in the channel; maintenance dredge the hatched area to a depth of 7 feet below mean low water, to remove 60 cubic yards of material; dredged material will be placed in the hatched area shown on the attached drawing where it will not reenter the waterway; repair the existing bulkhead on both sides of the channel in kind and in the same location. in Channel to Gull Pond, Gardiners Bay at Greenport, Suffolk County, New York in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings:give file number or other definite identification marks.) 1522-12 (Gardiners Bay - Southold, Town of jetty, maintenance dredge) subject to the following conditions: I.General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit;and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, asset forth more specifically in General Conditions j,or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not.this permit has been previously modified,suspended or revoked in whole or in part. ENG FORM ..1 721 EDITION OF 1 APR 74 IS OBSOLETE. (ER 1145.2.303) 1 JUL 77 1 b. That all activities authorized herein shall, if they involve, during their construction or operation,any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards,effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water Pollution Cqntrol Act of 1972 (P.L. 92-500; 86 Stat.816), the Marine Protection,Research and Sanctuaries Act of 1972 (P.L.92-532, 86 Stat. 1052),or pursuant to applicable State and local law. c. That when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall,if applicable water quality standards are revised or modified during the term of this permit, be modified,if necessary,to conform with such revised or modified water quality standards within 6 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan contained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Regional Administrator of the Environmental Protection Agency,may determine to be reasonable under the circumstances. d. That the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endanger the critical habitat of such species. e. That the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish,wildlife,and natural environmental values. f. That the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. That the permittee shall permit the District Engineer or his authorized representatives) or designee(s) to make periodic inspections at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accordance with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawings attached hereto. i. That this permit does not convey any property rights, either in real estate or material,or any exclusive privileges;and that it does not authorize any injury to property or invasion of rights or any infringement of Federal,State,or local laws or regulations nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. j. That this permit may be summarily suspended, in whole or in part,,upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1)the extent of the suspension, (2) the reasons for this action,and (3)any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate imminent hazards to the general public interest.The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated,modified or revoked. If a hearing is requested,it shall be conducted pursuant to procedures prescribed by the Chief of Engineers.After completion of the hearing,or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested,the permit will either be reinstated,modified or revoked. k. That this permit may be either modified,suspended or revoked in whole or in part if the Secretary of the Army or his authorized representative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwise be in the public interest. Any such modification,suspension,or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless(1)within the 30-day period the permittee is able to satisfactorily demonstrate that (a)the alleged violation of the terms and the conditions of this permit did not,in fact, occur or (b)the alleged violation was accidental,and the permittee has been operating in compliance with the terms and conditions of the permit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conditions of this permit; or (2)within the aforesaid 30-day period, the permittee requests that a public hearing be held to present oral and written evidence concerning the proposed modification, suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify,suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit,the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part,and/or the Government may,in addition,institute appropriate legal proceedings. m. That any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United States. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced,as far in advance of the time of commencement as the District Engineer may specify,and of any suspension of work,if for a period of more than one week,resumption of work and its completion. . • '6. That if the activity authorized herein is not started on or before day of '19-, (one year frorg the date of issuance of this permit unless otherwise specified) and is not completed on or before day of ,19 , (three years from the date of issuance of this permit unless otherwise specified) this permit,if not previously revoked or specifically extended,shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law,the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the . transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. II.Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 3 The following Special Conditions will be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to cpmpensation for damage or injury to the structures or work authorized herein which may be caused by or result from existin,g or future operations undertaken by the United States in the public interest. b. That no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the activity authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law,such lights and signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. That the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the wate-rway to its former condition,by contract or otherwise,and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be su ' t to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper ste�s to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicated); b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to Section 404(b)of the FWPCA and published in 40 CFR 230; b. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution;and d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild and scenic river system. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuant to Section 102 of the Marine Protection,Research and Sanctuaries Act of 1972,published in 40 CFR 220-228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or dumping of the dredged material as authorized herein. This permit shall become effective on the date of the District Engineer's signature. Permittee hereby accepts and agrees to comply with the terms and conditions of this permit. Supervisor August 10, 1981 o^ PERMITTEE DATE of uthold t BY AUT RI Y OF E SECRETA Y OF THE ARMY: 1 SEP 1981 ,a, n be rr DATE W. M. , Colonel, C Ps of E ineers DISTRICT ENGINEER, U.S. ARMY,CORPS OF ENGINEERS Transferee hereby agrees to comply with the terms and conditions of this permit. TRANSFEREE DATE /� e , • w Y} U.S.GOVEROT PRINTING OFFICE:1960-624-404 3-1 4}' t• , ,- a �. 1 ,, t .._ ... {:.�... - .. X1522-12 (Gardiners B - Southold, bwn of jetty, maintenance dredge) . �y tr `� -41 JL j'1,D;,f1lei)fir. ChIA.N 1`# =- SC AL E 20 1t A R P NT blt ri l- t S Al A. nears,Bay - 51;outhold, 'Town of jetty, maintenance dredge) i t {"v x B �, far �1flF F "If.u+.�.v.� a +l' � tih it r '� a `°T i � -vwl P61 h rs J \ c �ry� k� vo1,prah r �G ii�l-���r„ ,`,� _ � a vi�k �, t wry ►5��,, '� , O/! /L lel` " k s k e 4 rykf�,c fP aml, ` �Ohd r f 9� r R. pp S `{ J r t k . ,�'. { Ij" �I� • Y Y!�{ , ��i J �. *� f`M rv��fY � 3'F� # ,!" `� � ♦�1 r}nr; "1'o jdall(h e � Q s S LA � ,Y/ © ,Zo Zo SotindI /i7 fee't a7 , dole 6`X ko/d sand A o ra r1 7t 1511 C. fat �ki 17 (!and� App TAO box 4/ . ./01 !o —'o 'eia � • � oa ooA DEPARTMENT OF THE ARMY CORPS OF ENGINEERS NOTICE OF AUTHORIZATION 1 Sept. 19 81 A PERMIT TO construct an 18 foot jetty; maintenance dredge 60 cubic yards of material to a depth of 7 feet below M.L.W. where it will not reenter the waterway; repair existing bulkhead in Orient Harbor, Gardiners Bay; AT Greenport, Suffolk County, New York HAS BEEN ISSUED TO Town of Southold ON 1 Sept. 1981, Main Road ADDRESS OF PERMITTEE Southold, NY 11971 W. M. SMITH, Jr. PERMIT NUMBER 12063 Colonel, Corps of Engineers < X�F :swex District Engineer y- JulFAG Form 4336 THIS NOTICE MUST BE CONSPICUOUSLY DISPLAYED AT THE SITE OF WORK. *GPO: 1x77 232-984 F^. ,:yh'W4!t t�P,Y;:tW. an '<,Y.yiu,gry,r?:'"`.?'^+.,yl :•:.t» ,+ .: ,art r. � ... .. DEPARTMENT OF THE ARMY \` I NEW YORK DISTRICT. CORPS OF ENGINEERS 26 FEDERAL PLAZA NEW YORK, N. Y. 10278 NANOP-E IMPORTANT This letter must be completed and mailed to the District Engineer following completion or cancellation of the work authorized under the permit. Permittee: Permit No.: Issued: Expiration: Waterway: City & State: Type of Work: Check and complete applicable items listed below. Work was completed on Work will not be performed on the project. [J Deviation from work authorized in permit is explained below. Other (explain) Signature & Date (NOTE: To mail, fold letter in half and staple at bottom.) NANY FL-192 APR 77 DEPARTMENT OF THE ARMY U. S. ARMY ENi3INEER DISTRICT. NEW YORK POSTAGE AND FEES PAID 26 FEDERAL PLAZA DEPARTMENT OF THE ARMY NEW YORK. N. Y. 10278 DoD-314 MU"SM MI L DISTRICT ENGINEER U.S. ARMY ENGINEER DISTRICT, NEW YORK ATTN: NANOP-E 26 FEDERAL PLAZA NEW YORK, N. Y. 10278 „a= DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF E vGiNcr R5 4 ^ t 28 FEDERAL PLAZA urw YORK. m. Y. 10 2 73 NANOP-R L`2ORTANT This letter must be completed and mailed to the District Engineer prior to commencement of any work under the permit. Permittee: Permit No. Issued: Expiration: Waterway: City & State: Type of Work: Work will commence on or about Signature & Date (VOTE: To mail, fold letter in half and staple at bottom.) N.k Y FL-193 APR 77 DEPARTMENT OF THE ARMY U. S. ARMY ENGINEER DISTRICT. NEW YORK POSTAGE AND FEES PAID *.,r 28 FEDERAL PLAZA DEPARTMENT OF THE ARMY NEW YORK. N. Y. 102.78 OoG�14 i DISTRICT ENGINEER U.S. A2,21iY ENGINEER DISTRICT, NEW YORK ATTN: NANO P-E 26 FEDERAL PLAZA NEW YORK, N. Y. 10278 5 I-„v.b (yuck) (4i/I) State of New York - Department of Taxation and rinance Sales Tax Bureau New York State and Local Sales and Use Tax - EXEMPT ORGANIZATION CERTIFICATION VENDOR EXEMPT ORGANIZATION Costello Marine Contracting Corp. NAME Town of Southold Box AK, Wiggins Lane AND 53095 Main Road, Town Hall Greenport ADDRESS Southold New York 11944 New York 11971 THIS CERTIFI.CAT.I.QH IS..ACCEP.TABLE (F CERTIFICATE NUMBER THE PURCHASER HAS ENTERED ALL, IN- E A-163554 FORMATION REQUIRED. THE UNDERSIGNED HEREBY CERTIFIES THAT THE ORGANIZATION NAMED ABOVE HAS RECEIVED AN EXEMPT ORGANIZATION CERTIFICATE AND IS EXEMPT FROM STATE AND LOCAL TAXES ON ALL ITS PURCHASES. Southold Town Clerk _September 4 1981 GNA URE OF OFFICER TITLE t_LIA11' -"—� Judith_ T.. Te ry INSTRUCTIONS FOR USE OF CERTIFICATION Atl Exempt..Drgonization-c-estificoition (ST-119:1)-mvstie presented to your vendor at the time the original purchas,_• is made. For subsequent purchases from the some vendor, the exempt organization's name, address and cartificatr number on the sales slip or billing invoice are sufficient. Exempt Organization Certifications should be retained by vendors for at least three years after the lost date property or services were sold to the organization tax-free. The certification shall be considered part of any order given-to the vendor and shall remain in force until revoked. A supply of,ST-119.1 may be obtained at any State District Tax Office or from the main office of the Sales Tax Bureau, State Campus, Albany, New York 12226. Private reproduction of ST-119.1 may be made without prior permission from the Sales Tax Bureau. 4 S _ j ., 0 THIS AGREEMENT, made and entered into this 4-1 day of liST , 1981, 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 COSTELLO MARINE CONTRACTING CORP, (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 f ollow s: 1. The Contractor will, at the Contractor's own sole cost and expense, furnish all labor and services and all material for the repair and extension of bulk- heading and to dredge a channel at Gull Pond, adjacent to Orient Harbor, near Greenport, 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 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 group during the process of the work, nor shall it be in any manner answ-erable 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 Mowflwt 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 compensatian 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- 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 ands 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 (exclusive of such permits previously obtained by the 'Town) 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- r M • 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 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 (516) 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 By - � William R. Pell III, Supervisor -10- STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK) On this ' 2Gy of 1981, 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. JUDITH T TERRY NOTARY PUBLIC, State of New York No. 52-0344963 Suffolk Count Commission Expires March 30,4e Notary Publo STATE OF NEW YORK) ss. : (Acknowledgment for Individual Contractor) COUNTY OF SUFFOLK) On this day of 1981, 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 OF NEW YORK) ss. : (Acknowledgment for Corporate Contractor) COUNTY OF SUFFOLK) On this day of 1981, before me personally came Gegrac I0. CeSMC11A to me personally known, who, being by me duly sworn, did depose and say that he resides at PnU' e- aS -4- t M& Had. A/Akl Y e r k ; that he is the ,O',ndara- -Tyregs4re r of �"!+S"'fel�n ari c n'"fr SIG �drn_ 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. Notary P lic tLILAB£TH ANN NEVILLE 40TARY PUBLIC, State of New York N0. 52.8125850, Suffolk CouWy- TOM EXPIres March 30, 1 -12- Ortificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY l COMPANIES AFFORDING COVERAGES ROY H REEVE AGENCY MAIM COAD LETTER A HAi�T r"GI"tp INS CO MA 1 f I i UC K N Y 11952 COMPANY LETTER NAME-AND ADDRESS OF INSURED w COMPANY (V_ LETTER TOWN OF SOUTHOLD COMPANY D -- -- MAIN ROAD LETTER SOUTHOLD N Y 11944 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. COMPANY POLICY Limits of Liability In Thousands(WO) TYPE OF INSURANCE POLICY NUMBER EACH i- LETTER EXPIRATION DATE � AGGREGATE OCCURRENCE A GENERAL LIABILITY 12C 176937 8/12/82 BODILY INJURY $ 1000 $ ❑COMPREHENSIVE FORM �t E] PREMISES-OPERATIONSPROPERTY DAMAGE $ 100 $ ❑ EXPLOSION AND COLLAPSE 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 OCCURRENCE) PROPERTY DAMAGE $ HIRED ❑ - --- BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM _ WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY $ (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES OWNERS/CONTRACTORS PROTECTIVE LIABILITY INSURANCE-REPAIR & EXTENSION OF BULKHEAD AND DREDGING AT GULL POND-GREENPORT M Y Cancellation: Should any of the above described 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: DATE IS D' 81 X------ TOWN OF SOUTHOLD MAIM ROAD -"' ..•� .,�„, SOUTHOLD M Y 11971 - - AUTH IZED REPRESENTATIVE *rtif icate of Insurance* THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ROY H REEVE AGENCY Y COMPANY MAIN ROAD LETTER A HARTFORD IHS CO Tut t' '1 �t t�1� �1 --_--- MA ATT1 1 UCK N Y 11962 COMPANY � - LETTER NAME.AND ADDRESS OF INSURED COMPANY LETTER TOWN OF SOUTHOLD COMPANY D MAIN ROAD LETTER SOUTHOLD N Y 11944 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. ---COMPANY POLICY Limits of Liability in Thousands(008) TYPE OF INSURANCE POLICY NUMBER EACH LETTER EXPIRATION DATE I AGGREGATE OCCURRENCE_1- A GENERAL LIABILITY 12C176937 8/12/82 BODILY INJURY $ 1000 $ ❑COMPREHENSIVE FORM - �y�y 1:1 PREMIS ES-OPE RATIONS PROPERTY DAMAGE $ 100 $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS --- -El PERSONAL PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH OCCURRENCE) HIRED - ❑ PROPERTY DAMAGE $ BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHERTHAN UMBRELLA COMBINED FORM _ WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY $ (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICEa OWNERS/ 61-ORS PROTECTIVE LIABILITY INSURANCE---REPAIR & EXTENSION OF BULKHEAD AND DREDGING AT GULL FOND-GREENPORT N Y Cancellation: Should any of the above descr bed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail �{7 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. DATE ISSUED: eAUCIust 12, 1981 X TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD H Y 11971 'AUTHORIZI, REPRESENTATIVE rtificate of Insurance* THIS CERTIFICATE IS ISSUED A A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES ROY H REEVE AGENCY ETTERNY A AMAIN ROAD B I.1AhtIf-tj U 1.r�t:i L;LJCOMPA --_ - MAT TI 1 U�. K N Y 11952 LETTERNV NAME-AND ADDRESS OF INSURED COMPANY LETTER COSTELLO i"iRNE». CNTRTNG CRP LEETTER"Y D --- PO BOX AK GREENPORT NEW YORE; 11944 LEO T LETTER E 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 I POLICY Limits of Liabilit in Thousands_ 000 LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE _ OCCURRENCE GENERAL LIABILITY A El COMPREHENSIVE FORM 12CBX1779 10748181 BODILY INJURY s 1000 $ PREMISES—OPERATIONS PROPERTY DAMAGE $ syn0 E EXPLOSION AND COLLAPSE 10 HAZARD ❑ UNDERGROUND HAZARD - -- ----- -- --- PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE E E ❑ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT �J NJURy TRACTORS PERSONAL PERSONAL INJURY s AUTOMOBILE LIABILITY BODILY INJURY - t (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ ❑ OWNED (EACH OCCURRENCE) ❑ HIRED PROPERTY DAMAGE E _ ❑ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE - $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE 3 $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY $ (EACHACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES REPAIR AND EXTENSION OF BULKHEAD AND DREDGING AT GULL POND Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail —9-7� days written notice to the below named certificate holder, but failure to mail such notice shall impose rrb`bbligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER. DATE ISSUED: i4lig 1981 X TOWN OF SOUTHOLD A{r--'�`-- -- MAIN ROAD zp SO THOL.D N. Y. 11971 V AUTTTTT7OFT1'ZED 1PRESENTATIVE grtificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO IGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES COMPANY ROY H REEVE AGENCY A LETTER MAIC! ROAD � S CO COMPANY Q MATTITULF: M Y 1195.:.' LETTER v NAME-AND ADDRESS OF INSURED A COMPANY ■V_ LETTER C:OSTL-LLO MRNE C NTRTNG CRP LEETTER"Y D PO COX AKCO - -- GREENPORT NEW YOGI: 11944 LETTERNY E 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. - Limits of Liabilit in Thousands---COMPANY POLICY -- - --- LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH AGGREGATE OCCURRENCE GENERAL LIABILITY 1 3^�C� n ! �y O A ❑ 1' C BX 1 i / T 1 Vt 2881 BODILY INJURY $ 1000 000 E COMPREHENSIVE FORM V PREMISES-OPERATIONS PROPERTY DAMAGE $ 100 $ EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE f E ❑ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BODILY INJURY $(EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY $ (EACH OCCURRENCE) E] OWNED - _- ❑ HIRED PROPERTY DAMAGE $ ---_ BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY and EMPLOYERS'LIABILITY E (EACH ACCIDENT) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES REPAIR AND EXTENSION OF BULKHEAD AND DREDGING AT GULL POND 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 n Qbligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: DATE ISSUED: August 12, 1901 X TOWS! OF SOUT'HOLD //I-)- MAIC! ROAD � SOUTHOLD N.Y. 11971 V VAIIIT I PRESENTATIVE 9 1 - FZ Er FE%I EK �� E-E,P4 y 1: P4�� � P1 01 ][ P4 FZ C3 0%K3 � 1-101lFlF ][ lFtJ CT K � p_j ~ (516) 298-4700 / 722-3S20 / 734-6472 AUGUST 12, 1981 COSTELLO MARINE CONTRACTING CORP. , BOX AK, . CREENPORT, N. Y. 11944 RE: TOWN OF SOUTHOLD GULL POND CONTRACT DEAR MARION: ATTACHED ARE THREE COPIES EACH OF: CERTIFICATE OF COMPREHENSIVE GENERAL LIABILITY INSURANCE FOR THE CORPORATION TO THE TOWN OF SOUTHOLD CERTIFICATE OF OWNERS AND CONTRACTORS PROTECTIVE INSURANCE FOR THE TOWN TO THE TOWN THIS LATTER CERTIFICATE IS MERELY TO ASSURE THEM THAT COVERAGE IS IN FORCE, PENDING RECEIPT OF THE POLICY FROM THE COMPANY. I HAD THEM ASSIGN A POLICY NUMBER IN ADVANCE SO THAT THE TOWN WILL ACCEPT THE CERTIFICATE (HOPEFULLY) . CALL ME IF YOU NEED ANYTHING ELSE. VER S, ~ / �� INSU, f 03 International Fidelity Insurance Company SURETY BONDS _ { HOME OFFICE: 24 COMMERCE STREET NEWARK,NEW JERSEY 07102 TEL.201 -642-7011 �e.,r;...:....•a,,;;• Bond #: 087573 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, COSTELLO MARINE CONTRACTING CORP. , Box AK Greenport, New York, 11944 as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, of Newark, New Jersey, a corporation organized and existing under and by virtue of the laws of the State of New Jersey, and duly authorized to transact business in the State of New Jersey, as Surety, are held and firmly bound unto TOWN OF SOUTHOLD Suffolk County, Southold, L.I. N.Y. 11971 in the penal sum of ***** NINE THOUSAND SEVEN HUNDRED FIFTY Xx/100 ($9,750.00) ************ Dollars for payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators successors and assigns. SIGNED and sealed this 15th day of June A.D. Nineteen hundred and 81 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT,WHEREAS, the above named Principal did on the day of 19 enter into a written contract withTown of Southold for Repair and extension of bulkhead and dredging at Gull Pond, Greenport, N.Y. which said contract is made a part of this bond as though set forth herein: NOW, if the said Costello Marine Contracting Corp., shall well and faithfully do and perform the things agreed by it to be done and performed according to the terms of the said contract, and shall pay all lawful claims of sub-contractors, materialmen, laborers, persons, firms or other suppliers of implements or machinery furnished, used or consumed in the carrying forward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for the benefit of any sub-contractor, materialmen, laborer, person, firm, or corporation having a just claim, as well as for the obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect;it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. No suit or action shall be commenced hereunder by any claimant or obligee: 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 substantial 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 of 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. COSTELL R E CONT G CORP. , Signed, sealed and delivered in the presence of: Principal: Attest: `' INT ONAL FIDELITY INSURANCE COMPANY Attest: By: Eileen leer,Attorney-in-fact I� MARTHA WEINBERG Assistant Secretary of INTERNATIONAL FIDELITY INSURANCE COMPANY, do hereby certify that the following is a full true, and correct copi%of a resolution adopted by the Board of Directors of INTERNATIONAL MPELITY INSURANCE COMPANY on 23rd day of December, 1968 and now in full force and effect, fo wit: '' "RESOLVED, that any one of the following officers of.INTERNATIONAL FIDELITY INSURANCE COMPANY — President or Secretary-Treasurer are hereby authorized and empowered to execute on behalf of the corporation, Powers of Attorney making, constituting and appointing an attorney-in-fact named therein to execute and deliver on behalf of the corporation, bonds, undertakings, recognizances, contracts of indemnity, and any and all other writings(including but not limited to any and all forms and evidences of reinsurance or co-suretyship on any and all types of bonds or undertakings in suretyship executed or originated by a surety other than this corporation) obligatory in nature, which are permitted by law, and that any of the above named officers and any person(s) appointed by any one of them as attorney-in-fact for this corporation, shall be and are hereby authorized to affix the corporate seal of this corporation to any document executed by them pursuant to this Resolution" I do further certify that pursuant to said resolution,Eileen J. Silver was on the 21 day of Oct 19 77 appointed Attorney-In-Fact of INTERNATIONAL FIDELITY INSURANCE COMPANY,with full power and authority to execute, acknowledge and deliver any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings. Said power of attorney(s) is in full force and effect and has not been revoked. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly called and held on the 4th day of February, 1975: Voted: That the signature of any officer authorized by the By-Laws and the Company seal may be affixed by facsimile to any power of.attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. DATED........6/:15/81.... �E�ITy /NsG INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEIN YORK ss: ��, �RPORq '�q BY: COUNTY OF Nassau z SEAL �` o m 2f a 1904Kat! rP�e,r.� Z� ter*1�gj Assistant Secretary This Power Not Valid After May 1, 1982 I do certify that the following is a true statement of the assets and liabilities of INTERNATIONAL FIDELITY INSURANCE COMPANY at the close of business on December 31, 1980 taken from the books and records of said Company and is prepared in accordance with the statement on file with the Insurance Department of the State of New York to wit: ASSETS LIABILITIES,SURPLUS AND OTHER FUNDS Bonds(Amortized value) . . . . . . . . . . . . . . . . . . . . . 45,502,774.13 Losses(Reported losses net as to reinsurance ceded and Common Stocks(Market value). . . . . . . . . . . . . . . . . 351,752.39 incurred but not reported losses). . . . . . . . . . . . . . . $4,573,163.53 Mortgage loans on Real Estate. . . . . . . . . . . . . . . . . . 123,811.26 Loss adjustment expenses. . . . . . . . . . . . . . . . . . . . . 1,034,625.13 Cash&Bank Deposits . . . . . . . . . . . . . . . . . . . . . . . 1,267,930.71 Contingent commissions and other similar charges . . . . 49,203.97 Unpaid premiums and Assumed balances. . . . . . . . . . . 384,768.39 Other expenses(excluding taxes,licenses and fees) . . . . 37,271.06 Reinsurance Recoverable on Loss,payments. . . . . . . . . 1,441,220.11 Taxes,licenses and fees(excluding Federal Income Tax). 112,067.33 Federal Income Tax Recoverable . . . . . . . . . . . . . . . . 241,000.00 Liability for unauthorized reinsurance . . . . . . . . . . . . 67,753.71 Interest&Dividends due and accrued . . . . . . . . . . . . . 175,342.41 Unearned premiums . . . . . . . . . . . . . . . . . . . . . . . 2,094,436.03 Other assets . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,116.20 Funds held by company under reinsurance treaties . . . . 66,219.73 Funds held in escrow accounts . . . . . . . . . . . . . . . . . 2,576,425.04 Accounts withheld by company for account of others . . 1,068.08 Collateral funds held under contract. . . . . . . . . . . . . . -2.576,425.04 Ceded reinsurance balances payable . . . . . . . . . . . . . . 19,641.80 Contract balances due and unpaid . . . . . . . . . . . . . . . 284,456.00 TOTAL LIABILITIES . . . . . . . . . . . . . . . . . . $8,055,450.37 Due from Essex Bonding Agency,Inc. . . . . . . . . . . . . 28,477.02 TOTAL ASSETS . . . . . . . . . . . . . . . . . . . . . 49,806,648.62 Capital paid-up . . . . . . . . . . . . . . . . . . . . . . . . . . . $500,500.00 Surplus loans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 600,000.00 Gross paid-in and contributed surplus . . . . . . . . . . . . . 284,100.00 Unassigned funds(Surplus). . . . . . . . . .. . . . . . . . . . 366,598.25 Surplus as regards policyholders . . . . . . . . . . . . 1,751,198.25 TOTAL LIABILITIES,SURPLUS AND OTHER FUNDS . . . . . . . . . . . . . . . . . . $9,806,648.62 I do further certify that the Commissioner of Banking and Insurance of the State of New York has issued to INTERNATIONAL FIDELITY INSURANCE COMPANY his certificate that said Company is qualified to become and be accepted as surety or guarantor on all bonds, undertakings and other obligations or guarantees, as provided in the Revised Statutes of the State of New York and all laws amendatory thereof and supplementary thereto;and that such certificate has not been revoked. J�t.K Assistant Secretary On this 15th day of June ' 19 81 , before me personally came. MARTHA WEINBERG to me known, who, being by me first duly sworn, did depose and say that she is an Assistant Secretary of INTER- NATIONAL FIDELITY INSURANCE COMPANY, the corporation described in, and w lch executed, the foregoing instrument; that she knows the corporate seal of said corporation; that seal affixed t�q the foregoing instrument is such corporate seal; that it was affixed thereto by authority of the f) Ire too f id corDoratiQn and that she signed her name thereto;as Assistant Secretary by like order an e t Notary Public STATE OF NEW YORK � �a COUNTY OF Nassau On this 15th day of TUne 198- 1 before me personally came, Eileen J. Silver e* to me known, who, being by me first duly sworn,did depose and say thatOl ON -fact of INTERNATIONAL FIDELITY INSURANCE COMPANY, the corporation described iN 0 bw , the foregoing instrument; that he knows the corporate seal of said corporation;that the seal b 6 m$lrlstrumF is suph corporate seal; that it was affixed thereto,by authority of the Board of D . a an e signed his name thereto, as attorney-in-fact,by like order and authority. . Notary Public TOWN. OF SOUTHOLD Bulkhead & Dredging at '� S Gull Pond, Greenport i • Surety: jr%.,,.W.�.,� . ,w 1 A 1 L:"KA 11 UNAL FIDELITY INSURANCE COMPANY JUDITH T.TERRY I � ^ '- TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 August 10, 1981 Department of the Army New York District Corps of Engineers 26 Federal Plaza New York, New York 19278 Attention: John Zammit, Chief Operations Division Dear Sir: Transmitted herewith is Department of the Army Permit concerning Application No. 81-190 - concerning bulkheading: and dredging at Gull Pond, Greenport , New York, which was executed by Supervisor William R. Pell, III. Also included is resolution of the Town Board authorizing Supervisor Pell to execute the contract for said work. Very truly yours, Judith T. Terry Southold Town Clerk Enclosures Four K JUDITH T.TERRYTELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 9, 1981 : WHEREAS, the Town Board of the Town of Southold by resolution dated February 24, 1981 advertised for bids for the repair and extension of bulkhead and dredging at Gull Pond, Greenport , New York, now, therefore, be it RESOLVED that Costello Marine Contracting Corp. , Greenport , New York be and hereby is awarded the contract to furnish all the materials, implements and incidentals and to furnish labor and to do all the work required to repair and extend a bulkhead and to dredge a channel at Gull Pond adjacent to Orient Harbor at Greenport, Town of Southold, New York, all in accordance with the specifications and Notice to Bidders, at a total lump-sum bid price of $9, 750. 00 for all of the required work, and be it further RESOLVED that Supervisor William R. Pell, III be and he hereby is authorized and directed to execute a contract between Costello Marine Contracting Corp. and the Town of Southold for the aforementioned bulkhead and dredging work. STATE OF NEW YORK COUNTY OF SUFFOLK ss: This is to certify that I, Judith T. Terry, Clerk of the Town of Southold, in Office of the Clerk of the TOWN OF SOUTHOLD the said County of Suffolk, have compared the foregoing copy of resolution with the original resolution now on file in this office, and which was passed by the Town Board of the town of Southold in said County of Suffolk, on ( SEAL ) j' the .....9th..., day of .......June................... 19.81 ., and that the same is a correct and true transcript of such original resolution and the whole thereof. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Town this ,10th...,. ,day of ........August 15 .1.... Clerk of the Town Board, Town of Southold, County of SLAolk, N. Y DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINEERS 0 26 FEDERAL PLAZA NEW YORK. N.Y. 7111 9M 10278 IN RELY NKFE1. To NANOP-E 9 July 1981 Town of Southold c/o J. H. Geideman Box 416 East Marion, NY 11939 Gentlemen: We have completed our review of Application No. 81-190. Inclosed are two unsigned copies of the Department of the Army authorization for the aforementioned work. Please have both copies signed by the commissioner or other officer authorized to sign for the Department and return to this office. They should be accom- panied by a copy of the section of the Town Code showing the authority of the officer executing the instrument. These documents must be certified by the custodian of such records, under the seal of the Department, to be true copies. After the executed copies of the authorization, together with their supporting papers, have been examined, the original copy of the authorization will be signed and returned to you. Sincerely yours, /Pj 1 Incl (in dupe) 6"PJO )I C_T Authorization w/dwg hie , Operations Division NADNY FL -. 121 Apr 75 Application No. 81-190 (Public Notice No. 10682-81-190-L2) Name of Applicant Town of Southold Effective Date Expiration Date (If applicable) DEPARTMENT OF THE ARMY PERMIT Referring to written request dated 6 March 1981 for a permit to: CK) Perform work in or affecting navigable waters of the United States,upon the recommendation of the Chief of Engineers,pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C.403); ( ) Discharge dredged or fill material into waters of the United States upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 404 of the Federal Water Pollution Control Act (86 Stat.816,P.L.92-500); ( ) Transport dredged material for the purpose of dumping it into ocean waters upon the issuance of a permit from the Secretary of the Army acting through the Chief of Engineers pursuant to Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (86 Stat. 1052;P.L.92.532); Town of Southold Main Road Southold, NY 11971 is hereby authorized by the Secretary of the Army: to construct an 18' jetty to the west of the channel in order to stabilize the beach and minimize shoaling in the channel; maintenance dredge the hatched area to a depth of 7 feet below mean low water, to remove 60 cubic yards of material; dredged material will be placed in the hatched area shown on the attached drawing where it will not reenter the waterway; repair the existing bulkhead on both sides of the channel in kind and in the same location. in Channel to Gull Pond, Gardiners Bay at Greenport, Suffolk County, New York in accordance with the plans and drawings attached hereto which are incorporated in and made a part of this permit (on drawings:give file number or other definite identification marks.) 1522-12 (Gardiners Bay - Southold, Town of jetty, maintenance dredge) subject to the following conditions: I.General Conditions: a. That all activities identified and authorized herein shall be consistent with the terms and conditions of this permit;and that any activities not specifically identified and authorized herein shall constitute a violation of the terms and conditions of this permit which may result in the modification, suspension or revocation of this permit, in whole or in part, as set forth more specifically in General Conditions i or k hereto, and in the institution of such legal proceedings as the United States Government may consider appropriate, whether or not this permit has been previously modified,suspended or revoked in whole or in part. ENG FORM 1721 EDITION OF 1 APR 74 IS OBSOLETE. (ER 1145-2-303) 1 JUL 77 1 b. That all activities authorized herein shall, if they involve, during their construction or operation,any discharge of pollutants into waters of the United States or ocean waters, be at all times consistent with applicable water quality standards,effluent limitations and standards of performance, prohibitions, pretreatment standards and management practices established pursuant to the Federal Water Polluti n Control Act of 1972 (P.L. 92-500; 86 Stat.816), the Marine Protection,Research and Sanctuaries Act of 1972 (P.L.92-532, 86 Sta . 1052),or pursuant to applicable State and local law. c. hat when the activity authorized herein involves a discharge during its construction or operation, of any pollutant (including dredged or fill material), into waters of the United States, the authorized activity shall,if applicable water quality standards are revised or moc ified during the term of this permit, be modified,if necessary,to conform with such revised or modified water quality standards within 5 months of the effective date of any revision or modification of water quality standards, or as directed by an implementat on plan c ntained in such revised or modified standards, or within such longer period of time as the District Engineer, in consultation with the Rei ional Administrator of the Environmental Protection Agency,may determine to be reasonable under the circumstances. d. hat the discharge will not destroy a threatened or endangered species as identified under the Endangered Species Act, or endang r the critical habitat of such species. e. hat the permittee agrees to make every reasonable effort to prosecute the construction or operation of the work authorized herein in a manner so as to minimize any adverse impact on fish,wildlife,and natural environmental values. f. I hat the permittee agrees that he will prosecute the construction or work authorized herein in a manner so as to minimize any degradation of water quality. g. hat the permittee shall permit the District Engineer or his authorized representative(s) or designee(s) to make periodic inspect ons at any time deemed necessary in order to assure that the activity being performed under authority of this permit is in accord nce with the terms and conditions prescribed herein. h. That the permittee shall maintain the structure or work authorized herein in good condition and in accordance with the plans and drawin s attached hereto. i. T at this permit does not convey any property rights, either in real estate or material,or any exclusive privileges;and that it does not aut iorize any injury to property or invasion of rights or any infringement of Federal,State,or local laws or regulations nor does it obviate the requirement to obtain State or local assent required by law for the activity authorized herein. j. Tat this permit may be summarily suspended, in whole or in part,.,upon a finding by the District Engineer that immediate suspension of the activity authorized herein would be in the general public interest. Such suspension shall be effective upon receipt by the permittee of a written notice thereof which shall indicate (1) the extent of the suspension, (2) the reasons for this action,and (3)any corrective or preventative measures to be taken by the permittee which are deemed necessary by the District Engineer to abate immine t hazards to the general public interest. The permittee shall take immediate action to comply with the provisions of this notice. Within ten days following receipt of this notice of suspension, the permittee may request a hearing in order to present information relevant to a decision as to whether his permit should be reinstated,modified or revoked. If a hearing is requested,it shall be conducted pursuant to procedures prescribed by the Chief of Engineers.After completion of the hearing,or within a reasonable time after issuance of the suspension notice to the permittee if no hearing is requested,the permit will either be reinstated,modified or revoked. k. That this permit may be either modified,suspended or revoked in whole or in part if the Secretary of the Army or his authorized represe tative determines that there has been a violation of any of the terms or conditions of this permit or that such action would otherwi a be in the public interest. Any such modification,suspension,or revocation shall become effective 30 days after receipt by the permittee of written notice of such action which shall specify the facts or conduct warranting same unless (1)within the 30-day period the permittee is able to satisfactorily demonstrate that (a)the alleged violation of the terms and the conditions of this permit did not,in fact, occur or (b) the alleged violation was accidental,and the permittee has been operating in compliance with the terms and conditions of the ermit and is able to provide satisfactory assurances that future operations shall be in full compliance with the terms and conclitic ns of this permit; or (2)within the aforesaid 30-day period, the permittee requests that a public hearing be held to present oral and wri ten evidence concerning the proposed modification,suspension or revocation. The conduct of this hearing and the procedures for making a final decision either to modify,suspend or revoke this permit in whole or in part shall be pursuant to procedures prescribed by the Chief of Engineers. I. That in issuing this permit,the Government has relied on the information and data which the permittee has provided in connection with his permit application. If, subsequent to the issuance of this permit, such information and data prove to be false, incomplete or inaccurate, this permit may be modified, suspended or revoked, in whole or in part,and/or the Government may,in addition,institute appropr ate legal proceedings. m. 1hat any modification, suspension, or revocation of this permit shall not be the basis for any claim for damages against the United E tates. n. That the permittee shall notify the District Engineer at what time the activity authorized herein will be commenced,as far in advance of the time of commencement as the District Engineer may specify,and of any suspension of work,if for a period of more than one wee ,resumption of work and its completion. x 2 • r �1 `o. That if the activity authorized herein is not started on or before day of 19 (one year from the date of issuance of this permit unless otherwise specified) and is not completed on or before day of ,19 , (three years•from the date of issuance of this permit unless otherwise specified) this permit,if not previously revoked or specifically extended,shall automatically expire. p. That this permit does not authorize or approve the construction of particular structures, the authorization or approval of which may require authorization by the Congress or other agencies of the Federal Government. q. That if and when the permittee desires to abandon the activity authorized herein, unless such abandonment is part of a transfer procedure by which the permittee is transferring his interests herein to a third party pursuant to General Condition t hereof, he must restore the area to a condition satisfactory to the District Engineer. r. That if the recording of this permit is possible under applicable State or local law,the permittee shall take such action as may be necessary to record this permit with the Register of Deeds or other appropriate official charged with the responsibility for maintaining records of title to and interests in real property. s. That there shall be no unreasonable interference with navigation by the existence or use of the activity authorized herein. t. That this permit may not be transferred to a third party without prior written notice to the District Engineer, either by the transferee's written agreement to comply with all terms and conditions of this permit or by the transferee subscribing to this permit in the space provided below and thereby agreeing to comply with all terms and conditions of this permit. In addition, if the permittee transfers the interests authorized herein by conveyance of realty, the deed shall reference this permit and the terms and conditions specified herein and this permit shall be recorded along with the deed with the Register of Deeds or other appropriate official. 11.Special Conditions: (Here list conditions relating specifically to the proposed structure or work authorized by this permit): 3 The following Special Conditions will be applicable when appropriate: STRUCTURES IN OR AFFECTING NAVIGABLE WATERS OF THE UNITED STATES: a. That this permit does not authorize the interference with any existing or proposed Federal project and that the permittee shall not be entitled to compensation for damage or injury to the structures or work authorized herein which may be caused by or result from existing or future operations undertaken by the United States in the public interest. b. I hat no attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to thea tivity authorized by this permit. c. That if the display of lights and signals on any structure or work authorized herein is not otherwise provided for by law, such lights atid signals as may be prescribed by the United States Coast Guard shall be installed and maintained by and at the expense of the permittee. d. hat the permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the authorized structure or work, shall, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the waterway to its former conditions. If the permittee fails to comply with the direction of the Secretary of the Army or his authorized representative, the Secretary or his designee may restore the waterway to its former condition,by contract or otherwise,and recover the cost thereof from the permittee. e. Structures for Small Boats: That permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash and the permittee shall not hold the United States liable for any such damage. MAINTENANCE DREDGING: a. That when the work authorized herein includes periodic maintenance dredging, it may be performed under this permit for years from the date of issuance of this permit (ten years unless otherwise indicated); b. That the permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. DISCHARGES OF DREDGED OR FILL MATERIAL INTO WATERS OF THE UNITED STATES: a. That the discharge will be carried out in conformity with the goals and objectives of the EPA Guidelines established pursuant to Section 404(b)of the FWPCA and published in 40 CFR 230; b. That the discharge will consist of suitable material free from toxic pollutants in other than trace quantities; c. That the fill created by the discharge will be properly maintained to prevent erosion and other non-point sources of pollution;and d. That the discharge will not occur in a component of the National Wild and Scenic River System or in a component of a State wild and scer is river system. DUMPING OF DREDGED MATERIAL INTO OCEAN WATERS: a. That the dumping will be carried out in conformity with the goals, objectives, and requirements of the EPA criteria established pursuan to Section 102 of the Marine Protection,Research and Sanctuaries Act of 1972,published in 40 CFR 220-228. b. That the permittee shall place a copy of this permit in a conspicuous place in the vessel to be used for the transportation and/or clumpini I of the dredged material as authorized herein. This per nit shall become effective on the date of the District Engineer's signature. Permitt a hereby accepts and agrees to comply with the terms and conditions of this permit. Supervisor August 10, 1981 PERMITTEE DATE Town of Southold BY AU1 HORITY OF THE SECRETARY OF THE ARMY: DATE DISTRICT ENGINEER, U.S. AR Y,CORPS OF ENGINEERS Transfer a hereby agrees to comply with the terms and conditions of this permit. gill o TRANSFEREE DATE 4 tt U.S.GOVERNMENT PRINTING OFFICE:1980-624-404 3-1 hVIO 1�����{^ y�//�..rw�(((111��.r�.Vw�• q ' •v` /-J (�/yj}�. t)ryr(.1e h •t I? r� �ii ����O +J,i✓�•� rt i•`. I; /- R./' , • I i.Rl4.� •� l Jt? fsYQ.'� Alai r T�;}fir'�� -� . `�': `� _ -" �.��•_ - _. :-t o �� --_._._-_. -_- _: �_: �---`�` Ale- SC A.L a n, r LEAL D. it Jo � - •�.—,�tf �- til `l . ll � 1T k Tpi � Q t' Public � •., _ ���,�, ���,��F��a� 1,!5. Ov lkh t-�crc� s �} 77 nOr 6 froIN 01�A A/N F:L j4 �a ' JE i 7777777 ..t �u fend fx I s f 13U/kh ed*d o s ca g e 77y P/C IJV Y j.. MaP �Fror� S ivy;'✓� �c��r�. trQa 20G�1F 'p0'j`• /� fes. ".i2-_�k"'L'.x...•.+.-._ ,�_...��_ o Iq Zo 40 5OUndJei�1 I1r7 fee t d� In {e I lj 5 ala ax �� / I'C�pU s 'Ca 1'B,..IL"!/ Shoving 20 XIO K /lo 2� see V/j / 5' Or I . ` , ell hy yen 2 al 7 jj 4H.6L � � .t M�L� � :•!,� --l.Xf�LC� !\ //�'7�. �G�i`,6'�.. ��£-���'JiJ4�i 1' 46� trroo"t ;^� • I PERMIT NO. NEW ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONTW 1527$-0106 A PwvQ G PERMIT ' UNDER THE ENVIRONMENTAL CONSERVATION LAW ARTICLE 15, (Protection of Water) ARTICLE 23,(Tidal Wetlands) ARTICLE 24,(Freshwater Wetlands) ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO. TOWN OF SOUTHOLD by John Geideman ADDRESS OF PERMITTEE Box 416 East Marion, N. Y. 11939 LOCATION OF PROJECT(Section of stream,tidal wetland,dam, building) West side Golf Pond Entrance Channel Orient Harbor DESCRIPTION OF PROJECT Construct 18, timber -jetty extending seaward from existing bulkhead on westerly shore of ®ulf Pond Entrance Channel. Project site on Orient Harbor at Norman E. Klipp Town Park Town of Southold Suffolk COMMUNITY NAME(City,Town, Village) TOWN Greenport I Southold COUNTY FIA COMMUNITY NO. DAM NO. PERMIT EXPIRATION DATE Suffolk I 1 1 6/30/82 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 for any damage Permit Administrator, a notice of intention to commence work at feast 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'DepartmenY 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 Fights 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 by and at the expense of the owner. cepted expressly, by the execution of the application, the full legal respon- 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 S. Any material to be deposited or dumped under this permit, either in time and manner as the Department of Environmental Conservation may require, the waterway or on shore above high-water mark, shall be deposited or dumped remove all or any portion of the uncompleted structure asite o its former condition.re claim shall be made against fill and restore the nst the State of New t 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 goad 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 15. B acceptance of this permit the as the Department of Environmental Conservation may require, remove all or y p P permittee agrees that the permit any portion of the uncompleted structure or fill and restore to its former rcontingent upon strict compliance with the special conditions on the e 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. 95-204(9/75) (SEE REVERSE SIDE) SPECIAL CONDITIONS 16. Applicant shall be liable for any damage to adjacent waterway resulting r many phase of the permitted construction. 17. The granting of this permit does not relieve the permittee of the respo sibility of obtaining any permits, licenses, 'or other authorization which may be required by other State, Federal or local agencies. WATER QUALITY STATEMENT In accordance with Sec. 401(a) (1) of the Clean Waters Act Amendments of 1977 (PL 95-217) the NYS Dept. 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. DJL: cg c. c. LAW ENFORCEMENT U.S. Army Corps of Engineers File PERMIT ISSUE DATE PERMIT ADMINISTR T ADDRESS July 14, 1981 JDANIEL J. � � 1dg.40,SUNY,Stony Brook, N. Y. PERM IT SIGN No . TW 1527$-0106 A Pw WQ has been issued to. TOWN OF SOUTHOLD BY JOHN GEIDEM.AN address. Box 416 East Marion, N. Y. 11939 for: Construct 181 timber jetty extending seaward from existing bulkhead on westerly shore of 1sulf Fonl Entrance unannel. Project site on Crient Haftur at Norman E. Klipy Town Faxkj Town of Sout ld, S folk under the environmental Conservation Law, Fx-� Article 15, (Protection of Water) E:1 Article 24, (Freshwater Wetlands) i D Article 25, (Tidal Wetlands) ❑ Article 36, (Construction in Flood Hazard Areas) DANIEL J. LAR rGGA New York State Permit Administra Department of Environmental Conservation July 14, 1981 Date Issued 95.20.1 (9/75) July 30t 1982 formerly EA-93 Expiration Date • OFEI O � = RK 0 SCOUT JUDITH T.TERRY SUFFLRe TELEPHONE TowN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 June 10, 1981 Mr. John A. Costello, President Costello Marine Contracting Corp. Box AK Greenport , New York 11944 Dear Mr. Costello: The Town Board of the Town of Southold at a regular meeting held on June 9, 1981 accepted your bid in the amount of $9750. 00 for all of the required work for the repair and extension of bulkhead and dredging at Gull Pond, Greenport, New York. Before the contract can be executed you must 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 appeared in your proposal. In lieu of such surety bonds, you may deposit with the Town a certified check in said amount. It will also be necessary to submit proof of 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. 00 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. 00 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. 00 against claims arising out of any one accident M Page 2 - Mr. John A. Costello 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, implements, equipment or labor used therein, or due to any act , omission or neglect of the Contractor or his agents and employees or subcontractors. Very truly yours, Judith T. Terry Southold Town Clerk COSTELLO MARINE CONTACTING CORP •DOCK BUILDIHGoJETTIES•BULKNEADING•STEELlkWOODPILING•PILE FOUNDU16 BOX AK GREENPORT, NEW YORK 11944 (516) 477-1199 (516) 477-1393 May 28 , 1981 Southold Town Board Town of Southold Southold, New York 11971 Re: Bid Specifications for Repair and Extension of Bulkhead and Dredging at Gull Pond, Greenport Gentlemen: We have enclosed our bid for the above-described work but would like to say that it is difficult to determine a specific price on the entire job as the material specifications are lacking on the jetty and a design for the jetty was not attached to the proposal. Very truly yours , John A. Costello, President JAC:mgl enc. PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE DREDGING , REPAIR AND EXTENSION OF BULKHEAD AT GULL POND, GREENPORT, 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 repair and extend a bulkhead and to dredge a channel at Gull Pond adjacent to Orient Harbor at Greenport, 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 prat 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 * letter enclose Nine thousand seven hundred fifty and N0/100 ( 9,750.00 *) dollars for all of the required work. The undersigned hereby agrees to enter into a contract, in the form hereunto i 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 30 working days after the execution of this contract., and securing of permits as described in paragraph 7, page 2 of Notice to Bidders . 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 $ 487.50 (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. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any 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) 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 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- signator of this bid or proposal in behalf of the corporate bidder. Dated: May 28 , 1981 Signature of Bidder Costello Marine Contracting Corp. Box AK, Wiggins Lane, Greenport, N. . Business Address of Bidder 11944 -3- CONTRAC OR'S LABOR AND MATERIAL AFFIDAVIT qP Before Final Acceptance will be made of the contract, the following affidavit must be executed and transmitted to the Owner. STATE OF New York SS: COUNTY OF Suffolk John A. Costello ,being first duly sworn, deposes and says : All Labor and Material Bills pertaining to the Contract entitled Reconstruction of Town Pier at Lake Montauk dated October 30 , 1980 have been duly paid. Costello Marine Contracting Corp. FIRM WGNEDY John A. Costello, President TYPED NAME AND TITLE Box AK, Wiggins Lane Greenport, New York 11944 ADDRESS SUBSCRIBED AND SWORN TO, Before me, this day of IM 0.y 1991 NOTARY PUBLIC MARION G. IATRAM NOTARY PUBLIC. State of New York —34a- Term 3 a- No. 52.4649732, Suffolk County Term Expires March 30, 19$3 CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT Costello Marine Contracting Corp. (Name of Corporation be authorized to sign and submit the bid or proposal of this corporation for the following project: Repair and extend bulkhead and to dredge channel at Gull Pond, adjacent to Orient Harbor at Greenport, 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 misstatements 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 Costello Marine Contracting Corp. corporation at a meeting of its Board of Directors held on the 26th day of May 1981. Secretary (Seal of the Corporation) Specifications for EXTENSION of WEST JETTY MAINTENANCE DREDGING and BULKHEAD REINFORCEMENT at the ENTRANCE CHANNEL to Gull Pond from Orient Harbor by Town of Southold Suffolk County New York j ' e Location Existing bulkhead on sides of channel connecting Orient Harbor and Gull Pond. Proposed maintenance project to preserve the integrity of the bulkheading and restore the structural strength thereof. Scope Provide labor, material and equipment to remove old piling or parts thereof as set forth on plan of project. Excess material to be removed from area and properly disposed of. New piles to be C.C.A. - length as indicated and set in place to the satisfaction of the Town Engineer. Material to be used in con- struction will be as outlined in the specifications. Dredged material will be set in place in the spoil area as approved by permit and shown on plan. Area Involved All work to be performed so as to cause as little inconven- ience as possible to the public and adjacent property owners. Equipment and material to be placed so as not to interfere with park or property use. Area to be left in a condition to satisfy owners and Town of Southold Engineer. Material Unless otherwise agreed to by contractor and engineer all hardware is to be hot-dip galvanized. Bolts and tie rods will be 3/4" diameter, piling C.C.A. - 2.5 class 12" butt - 25' long except as noted. Wales 6" x 6" C.C.A. 2.5 with 4' splices, staving 2" x 10' T. & G. with 20# creosote treatment. Extra Work The engineer may order the contractor in writing to perform such extra work as he may find necessary. However, if cost of extra work is not provided for in proposal, engineer may request prices from contractor - costs of the extras involved. Dimensions of Work shall remain within the limits defined in both the specs and the approved plans. No additions, sub- tractions or alterations will be made without the engineer' s approval. Start and Completion will be as agreed to with the engineer. Starting only after all permits and approvals have been obtained and/or available for inspections. Finish after final inspection and approval of engineer. Subcontractors - will be the responsibility of the prime contractor and should be approved by the engineer if they become a necessity. The contractor will be expected to have satisfied all utili- ties involved if their involvement was necessary with the con- struction of the bulkhead either during or after completion of the project . Award of Contract Award of contract will be made only to the lowest responsible bidder as will best promote the public interest as provided by. Section 103 of the General Municipal Law. The Town of Southold reserves the right to reject any or all proposals, to waive minor informalities , to advertise for new proposals, or to proceed to do the work otherwise, if, in its opinion, the best interests of the Town will thereby be promoted. Libaility Insurance The Contractor shall furnish to the Town of Southold a certi- ficate or certificates of insurance which certificate shall list the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) days' notice has been given to the Town. The kinds and amounts of required insurance are for bodily injury and property damage covering (a) contractor' s liability with respect to all work performed by him under the con- tract , (b) contractor ' s liability for each subcontractor , (c) con- tractor' s protective liability insurance for the contractor with respect to all work performed for the contractor by subcontractors, (d) protective liability insurance for the benefit of the Town of Southold and all employees of the Town both officially and person- ally with respect to all operations under the contract , other than operations directly performed by the Town. r BID DATA FOR TOWN OF SOUTHOLD Item No. 1. Furnish all labor, materials, tools, equipment, transportation, supervision, etc. , necessary for the channel repairs, dredging and bulkhead extension at Gull Pond, Town of Southold, N.Y. , 11971; in accordance with the attached drawing, specifications, and conditions, ALLFOR THE LUMP SUM OF. . . . . . . . . . . . . . . . . . . . . . . . $_ 9,750 .00 2. Unit price per pile - 25' piles - C.C.A. 2.5 ifnecessary (in place) . . . . . . . . . . . . . . . . . . . . . . . . 265.00 COMPLETION TIME: Work shall be started within thirty** (30) calendar days after receipt of notice to proceed and be completed within fifteen ( 15) calendar days after receipt of notice to proceed. SITE INSPECTION: Bidders should visit the site location to fully inform themselves of existing conditions under which the work is to be performed, regulations regarding work on the site, use of roads, utilities, etc. , and other relevant matters. Failure to do so will not relieve the constractor of any responsibility for satisfactory and proper execution and completion of the contract. * - Letter enclosed ** - After securing of permits as described in paragraph 7, page 2 of Notice to Bidders . BIDDER SHALL FILL IN THE FOLLOWING: BIDDER: Costello Marine Contracting Corp. DATE: May 28 , 1981 ADDRESS: Box AK, Wiggins Lane Greenport, New York ZIP CODE: 11944 BY: John A. Costello TITLE: President PHONE (AREA CODE & NUMBER) : (516) 477-1199 THIS AGREEMENT, made and entered into this day of , 1981, 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 Contractors own sole cost and expense, furnish all labor and services and all material for the repair and extension of bulk- heading and to dredge a channel at Gull Pond, adjacent to Orient Harbor, near Greenport, 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 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 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... L 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- 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 (exclusive of such permits previously obtained ,by the Town) 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- 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 -5- 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 (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- .I 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 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 OF NEW YORK) COUNTY OF SUFFOLK) ss. : (Acknowledgment for Corporate Contractor) On this day of 1980, before me personally came to me personally known, who, being by me duly 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 by like order. Notary Public -1�- Permit(s) applied for: tact person named below no ::OUNTY OF SUFFOLK, j Tidal Wetlands, Protection of later than June 3, 1981. STATE OF NEW YORK, t ss Water&Water Quality LEAD AGENCY: NYSDEC and Site Description Project SEQR-3 Project is an unlist J p ed action; it has been determ- Troy Gustayson. .. . . dui Sworn. Location: ined that the project will not " " being y Town Southold County Suffolk have a significant effect on the Construct 18 timber jetty environment. ;ays that . . @ . . . is Printer and Publisher of the SUFFOLK extending seaward from exist- CONTACT: Daniel J. Lark- ingMEEKLY TIMES,bulkhead on westerly shore in,NYSDEC,Bjdg.40,SUNY, of Gulf Pond Entrance Chan- Room 219, Stony Brook, NY New York State Department nel. Project site on Orient 11794, (516) 751-7900. =ounty; and that the notice, of which the ounnexed is a printed of Environmental Harbor at Norman E. Klipp 1TM21-3694 Conservation Town Park,Town of Ec: :itiold, ^ropy, has been published in the said Suffolk Weekly Times NOTICE OF Suffolk. COMPLETE APPLICATION PUBLIC COMMENT: Ap- rnce in each week, for one, , , , , , , , , , , , , , , , , , , , , weeks TO: Applicant Date plications may be reviewed at Town of Southold 5/6/81 the address listed below and mccessively commencing on the 21st By:John Geideman,APP Nos. specific comments on the pro y 1�1a 1 1 Engineer TW 15278-0106 ject, or a request to become a, Address "A„PW WQ ' �'-`-'-� is Of . . . . . . . . .�. . . party-in-interest �f a public -� - Box 416,East Marion, NY hearing is held, must be sub- Box , , , , , , .4 , 11939 mitt in writing to the con- Sworn to before me this . .21 . . . . . Say of . . . . .May. . . . . . . . . . 19 . . . . . . . . . . . . . . . .I� . . . . . . . . . ./'r..�.. . ./�. ,. . . HELEN K DE VOE NOtARY PUBLIC' State of FJew, York No 4707878, Suftf, County Term Expires March 3O, 1 u COUNTY OF SUFFOLK. STATE OF NEW YORK, ss: II Troy Gustayson . . . . . . being duly Sworn. I says that . .he . . . is Printer and Publisher of the SUFFOLK 'i WEEKLY TIMES. a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed 'j copy, has been published in the said Suffolk Weekly Times once in each week, for . . . ©A9. . . . . . . . . . . . . . . . . . . . . weeks r 21st successively commencing on the . . . . . . . . . . . . . . . . . . . . . day of . . . . . .M.a$ ---,-.f..._ . . 1 1 . . . . . . . . . . . . . . . . . . . . Sworn to before me this . .. . t . . l day of . . . . .May. . . . . . . . . 19 1 .. j 1 sG U HELEN K. DE VOE NOTARY PUBLIC, State of New York No.4707878, Suffolk County Term ExPfFeS March 30, 194?3 L.—_ Permit(s) applied for: tact person named below no Tidal Wetlands, Protection of later than June 3,1981. Water&Water Quality LEAD AGENCY: NYSDEC Descri tion Pro ect and Site SEQR-3 Project is an unlist- j P ed action; it has been determ- RUNTY OF SUFFOLK, I Location: ined that the project will not Town Southold County Suffolk have a significant effect on the TATE OF NEW YORK, ss . Construct 18timber jetty environment. extending seaward from exist- CONTACT: Daniel J. Lark- Troy. Gustayson ing bulkhead on westerly shore in,NYSDEC, Bldg. 40,SUNY, . • . . . . . . . . , . being duly Sworn, of Gulf Pond Entrance Chan- Room 219, Stony Brook, NY New York State Department nel. Project site on Orient 11794, (516) 751-7900. rys that .he . . . . is Printer and Publisher of the SUFFOLK of Environmental Harbor at Norman E. Klipp 11794, ( 16) Conservation Town Park,Town of u >.Jold, -3694 rEEKLY TIMES, a newspaper published at Greenport. in said NOTICE OF Suffolk. COMPLETE APPLICATION PUBLIC COMMENT: Ap- )unty; and that the notice. of which the annexed is a printed TO: Applicant Date plications may be reviewed at Town of Southold 5/6/81 the address listed below and y )py, has been published in the said Suffolk Weekly Times j By:John Geideman,App.Nos. specific comments on the pro- T�J�yy'- Engineer TW 15278-0106 ject, or a request to become a -ice in each week, for one Address "A"PW WQ party-in-interest if a public'` ' �� weeks Box 416,East Marion, NY hearing is held, must be sub- xccessively commencing On the . . .21 At. 11939 mitted in writing to the con- ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' r�-- � . . . . . . . . . . . . Sworn to before me this 21 s�, day ,of . . MaV. . . . . . . . . 19. .89. j �.. . . . .e. . . . . . . . . . . . . . NELEPJ K. ! NOTA P(�'BOE VOE NOTARY L1C No State of New York 4707878. Suffolk&aunt Term Expires klarch 30, 19k3 i r COUNTY OF SUFFOLK, 1 STATE OF NEW YORK, 1 ss: i Troy Gustayson i . . . . . . . . . . . . . . . . . . . . being duly Sworn. says that .he! . . . . 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 . . .O1?e . . . . . . . . . . . . . . . . . . . . . . weeks i successively commencing on the . . .21 i9A. . . . . . . . . . . . . . . . . . I% day of . . . . . . . . Ma,Y 19. 81 I. . . . . . . . . . . . . . . . . . . . . Sworn to before me this 2.1Is . . IIIA', i day of . . . . .May. . . . . . . . . . 19. .89. 1 NOTARY HELEN K. DE VOE PUBLIC, State of New York No.4707878 Suftolk Count Term Expires March 30, 19. 3 I'�I� NOTICE TO BIDDERS COUNTY OF SUFFOLK NOTICE IS HEREBYss: GIVEN that sealed proposals STATE OF NEW YORK are sought and requested by the Town Board of the Town of Southold,Suffolk County, New York, for the repair and ex- Pa,ricin Wood, being duly sworn, says that she is the tension of bulkhead and Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, dredging at Gull Pond at Greenport, in the Town of a public newspaper printed at Southold, in Suffolk County; Southold,Suffolk County, New York. ord tiu�t the notice of which the annexed is a printed copy, The sealed proposals will be I-:as been published in said Long Island Traveler-Watch- received by the Town Board at the Southold Town Hall, man once each week for ............�..........................weeks Southold,New York, until 3:00 P.M. (prevailing time)on May Successively, commencing on the ........y....................... 28, 1981, at which time and place they will be publicly cay o .`........ 19..4?. opened and read aloud. Speci- fications, 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. Sworn to before me this ........` .............. day of 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 �..� E/ �w- accompaniedby the deposit of .................................... . .. ............:.. ...................... a certified check made payable Notary ublic to the order of the Town of Southold in an amount of not CLEMENT J.THW,*,ps®H less than Five(5°l0)percentum NOTARY POBLIC,State of {ear York of the total bid price, con `;2-52-9321725 - — hesiding in Suffolk i;uu,ity ditioned that if the proposal is Commission Expires MAer..�.IA, 19 J-1_ accepted, the successful bid- der 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 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 moneys stand- ing 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: May 4, 1981 SOUTHOLD TOWN BOARD by Judith T.Terry, Town Clerk 1T,5/14/81(43) tension of bulkhead and dredg- ing at Gull Pond at Greenport, in the Town of Southold, Suf- folk County, New York. The sealed proposals will be received by the Town Board at the Southold Town Hall,South- old,New York,until 3:00 P.M. (prevailing time on May 28, COUNTY OF SUFFOLK. 1 1981, at which time and place STATE OF NEW YORK, ss: they will be publicly opened and read aloud. Specifica-. tions, a proposed contract for David H. Walker being duly Sworn. the execution of the work and • • • • • • • • • • • • • • • • • forms of proposals can be examined and obtained from says that . . Xie. . , is Printer and Publisher of the SUFFOLK Judith T. Terry, Southold Town Clerk, Town Hall, 53095 WEEKLY TIMES, a newspaper published at Greenport, in said Main Street, Southold, New York. county; and that the notice, of which the annexed is a printed Proposals must be upon and in accordance with the form of copy, has been published in the said Suffolk Weekly Times proposal prepared by said Town, which proposals shall once in each week, for . .one . . . . . . . . . . . . . . . . . . . . . . weeks be made and will be received upon the following conditions: successively commencing on the . . . .14AII Each proposal must be ac ' ' ' ' ' ' companied by the deposit of a day of • . . May 9./$,1 certified check made payable : .�!S!C`i . . . . . . . . . . . . to the order of the Town of : : : : Southold in an amount of not • • ' • ' ' ' less than five (5%) percen- Sworn to before me this 10h. . . . ; tum of the total bid price, _ conditioned that if the pro- day of 19. $1. jj/ 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. HELEN K. DE VOE All deposits except that of NOTARY PUBLIC, State of New York the successful bidder will be returned. No.4707878, Suffolk Count Upon acceptance of his bid, Term Expires March 30, 19 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 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 proposals and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of South- old. All proposals must be signed and enclosed in sealed enve- lopes plainly marked "Bid for Bulkhead" and addressed to the Southold Town Board, Town Hall, 53095 Main Street, Southold, New York. NOTICE TO BIDDERS Dated: May 4, 1981 NOTICE IS HEREBY SOUTHOLD GIVEN that sealed proposals TOWN BOARD are sought and requested by by Judith T.Terry, the Town Board of the Town of Town Clerk Southold,Suffolk County,New 1TM14-3690 York. for the repair and ex- RECOM JOHN 11. GEIDEMAN . Consulting Engineer 0 MAY 14 �gg� avil-Industrial-Marine P.Q. Box 416 t SouWd East Marion, New York 11939 RECEIVED APR 15 1981 k- ��. t� 1 N. Y. S. [1. E. L. r ell, OX ,, �%!2 c.�a�.�'�t,cam dc- l-r—'�'�Z✓Z''� � �`.�'``r-'-' � G� e/ -41 d4Zr t� li I i i )) I i ii )j STATE OF NEW YORK: I SS: COUNTY OF SUFFOLK: JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of ); twenty-one years; that on the 11th day of May 19 81 she affixed a notice of which the annexed printed notice is a II+ true copy, in a proper and substantial manner, in a most public fi i lace in the Town of Southold, Suffolk Count to wit : - i p Y, New York, ! Town Clerk Bulletin Board, Town Clerk Office, Main Road, ! Southold, New York 11971 ) i Notice of Complete Application - NYSDEC - Town of Southold ) to construct 18 ft, timber jetty at Gull Pond Entrance Channel, j I 6,1 1 Judith T. Terry i' Southold Town Clerk i+ I I� !I )! Sworn to be before me this + 11th day of May ! 1981 t: No a y Pub ) ELIZABETH ANN NEVILLE+ NOTARY PUBLIC, State of New York l �+ No. 52.8125850, Suffolk Co 1 Term Expires March 30, 19, ! �I I i I� I 14-12-4(5/60) N4k State Department of Environmental servation NO CE OF COMPLETE APPLI &TION THIS IS NOT A PERMIT F ant Town of Southold By: John Geideman, EngineerDate 5/6/81 s Box 416, East Marion, NY 11939 App. Nos. 'IW 15278-0106 "A" PIN1PQl2 Permit(s)applied for: Ti al WPt1 and_ , hmion of Water A W PrQi val i Project Description Town Southold County Suffolk ❑ and Site Location: Construct 18' timber jetty extending seaward frM existing bulkhead on westerly shore of Gulf Pond Entrance Channel. Project site on Orient Harbor at Nozmn E. Klipp Tawn Park, Tbwn of Southold, Suffolk. PUBLIC COMMENT: Applications may be reviewed at the address listed below and specific comments on the proj- ect, or a request to become a party-in-interest if a public hearing is held, must be submitted in writing to the contact person named below no later than June 3 1981 (By law, this date must be at least 14 days (30 days for a SPDES Permit) from the date the notice will appear in the Environmental Notice Bulletin.) LEAD AGENCY: NYSHEC SEQR DETERMINATION: (check appropriate box) ❑ SEQR-1 Project is not subject to SEQR because it is exempt, excluded, or a Type II action. ❑ SEQR-2 Project is a Type 1 action; it has been determined that the project (may, will not) (circle appropriate) have a significant effect on the environment. A Negative Declaration has been prepared and is on file. IN SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. ❑ SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. ❑ SEQR-5 A final environmental impact statement has been prepared on this project and is on file. CONTACT: (name, agency, address, telephone number) Daniel J. Larkin, NYSDBC Bldg. 40, SUNY, Room 219 Stony Brook, NY 11794 (516) 751-7900 TO THE This is to advise that your application is complete and a review has commenced.Additional information may be requested from you APPLICANT: at a future date, if deemed necessary in order to process the application. The project has been classified non-minor.Accordingly,a decision will be made within 90 days of the date of this notice.If a public hearing is necessary,you will be notified within 60 days,and the hearing will commence with 90 days of the date of this notice.If a hearing is held,the final decision will be made within 60 days after the hearing is completed. cc: Chief Executive Officer Environmental Notice Bulletin,Room 509,50 Wolf Road,Albany, N.Y. 12233 File cc: EM, Suffolk County Executive, U.S. Fish & Wildlife, PER-, GilMlcale Q K JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 11, 1981 TO: The Suffolk Times The Long Island Traveler-Watchman , Inc. Please publish once, May 21, 1981, and forward two affidavits of publication to Judith T. Terry, Southold Town Clerk, Town Hall , Main Road, Southold, New York 11971. Also posted on Town Clerk Bulletin Board and distributed to the Town Board members , Town Trustees and Conservation Advisory Council on May 11, 1981. 14-12-4(5180) Nevrk State Department of Environmental Cervation NOTICE OF COMPLETE APPLICATION THIS IS NOT A PERMIT TO: Applicant TMT of -gM*hcald By: ,John Ge'dematn, aXJLieer•Date 5/6/81 Address Box 416, East 14arion, NY 11939 App. Nos. TIN 15278-0106 "A" PW M. Permit(s)applied for: Tidal Lt1�+1-1anrl�� Pm iani-ion of rAb -r & Lia pr QlialitZr Project Description Town Southold County Suffolk ❑ and Site Location: C7anstruct 18' timber jetty extending seaward frcm existing bulkhead on uiesterly shore of Gulf Pard Entrance Channel, Project site on Orient Harbor at Norman E. Klipp `Rx,.m Park, 'I'dian of Southold, Suffolk. PUBLIC COMMENT: Applications may be reviewed at the address listed below and specific comments on the proj- ect, or a request to become a party-in-interest if a public hearirsg is held, must be submitted in writing to the contact person named below no later than June 3, 1981 (By law, this date must be at least 14 days (30 days for a SPDES Permit) from the date the notice will appear in the Environmental Notice Bulletin.) n LEAD AGENCY: NYSHE7C SEQR DETERMINATION: (check appropriate box) ❑ SEQR-1 Project is not subject to SEQR because it is exempt, excluded, or a Type II action. ❑ SEQR-2 Project is a Type 1 action; it has been determined that the project (may, will not) (circle appropriate) have a significant effect on the environment.A Negative Declaration has been prepared and is on file. U SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. ❑ SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. ❑ SEQR- A final environmental impact statement has been prepared on this project and is on file. CONTACT: (name, agency, address, telephone number) Daniel J. Larkin, 1,1YSDnC tmy BOokS, Y, 11n7949 (516) 751-7500 TO THE This is to advise that your application is complete and a review has cornmenced.Additional information may be requested from you APPLICANT: at a future date, if deemed necessary in order to process the application. The project has been classified non-minor.Accordingly,a decision will be made within 90 days of the date of this notice.If a public hearing is necessary,you will be notified within 60 days,and the hearing will commence with 90 days of the date of this notice.If a hearing is held,the final decision will be made within 60 days after the hearing is completed. cc: Chief Executive Officer Environmental Notice Bulletin, Room 509,50 Wolf Road,Albany, N.Y. 12233 File cc: ENB, Suffolk county Executive, U.s. Fi t,;ldLife, 11.11ur, GrAsT — File I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNIFORM PROCEDURES ACT Date: April 15, 1981 Receipt No.U 23220 Region No.: I Office: Regulatory Affairs — Stony Rrnnk Applicant: Town of Southold Amount: $ 50,00 • W wApplication Identification No.: TW 15278-0106"A" Permit Type: Tidal Wetlands 0 0 Check ® Money Order ❑ ' Check or M.O. No.: 572 DEPARTMENT REWRESENTATIVE RegionAl Permit Administrator 32-14-13(9/77) TITLE New York State Department of Environmental Conservation Regulatory Affairs Bldg. 40, SUNY - Room 219 Stony Brook, NY 11794 Robert F. Flacke (516) 751-7900 Commissioner May 6, 1981 John Geideman, Engineer 4 Box 416 East Marion, NY 11939 Re: Town of Southold TW 15278-0106 "A" PW WQ Dear Sir: We send herewith a copy of a Notice of Application in the above entitled matter. We request you to cause this notice to be published as follows: In the. Long Island Traveller issue of 5/'21/81. Such publication is to be in the general style and form of a legal notice. We will require that affidavits of this publication be promptly forwarded to this office. Payment of publication costs is the responsibility of the Applicant. Proof of payment must be submitted to this office before permit is issued. In case, for any reason, the above notice cannot be published, or is not published, as herein required, this Department should immediately be advised of the facts, in order that it may take suitable action in the premises. Very truly yours, DanieA/,4. Larkin, P.E. MJF/c r Regional Permi-t Administrator Encl. OFFICE TOS p50 . JUDITH T.TERRY 04 '_ LlN TELEPHONE TowN CLERK �� I� (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 May 4 1981 Mr. Lawrence Tuthill 1215 Inlet Lane Greenport , New York 11944 Dear Larry: With reference to the bid specifications for the Gull Pond bulkhead dredging project , I must request that you obtain and submit to me the prevailing wage rates to be attached to the documents. The legal notice for this project will be placed in the May 14th issue of the newspapers, so I shall need these rates prior to that date. Very truly yours, Judith T. Terry Southold Town Clerk IPW OFFIC ORNEY ROBERT W.TASKER T D TELEPHONE Town Attorney (516) 477-1400 RECEIVED 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 MAY 4 1981 May 1, 1981 Town Clerk Southold Hon Judith T. Terry Town Clerk Town of Southold Main Road Southold, New York 11971 Re: Bid Specifications for Gull Pond Bulkhead Work Dear Judy: I have drawn new bid documents for the Gull Pond bulkhead dredging project and the original is enclosed herewith. You will note that these bid documents are essentially the same as those used for the Mattituck bulkhead project. I am also returning to you the specifications which must be inserted and made a part of the bid documents. I would recommend that the second page of the specifications, which under the paragraph "Award of Contract", be changed by deleting any reference to Section 38 of the Highway Law. I have bracketed in pencil that portion which must be deleted. Also, be- cause the bid documents provide for liability insurance, the last paragraph on page 20 of the specifications should be deleted. The bid documents provide that the contractor must pay the prevailing wage rates. Accordingly, these rates should be obtained and attached to the documents. I assume either Larry Tuthill or John Geideman have already attained these rates, Yours very truly, ROBERT W. TASKER RWT:aa enc. - 2 - The contractor will be expected to have satisfied all utili- ties involved if their involvement was necessary with the con- struction of the bulkhead either during or after completion of the project. Award of Contract Award of contract will be made only to the lowest responsible bidder as will best promote the public interest as provided by Section 103 of the General Municipal Law. The Tow o of Southold reserves the right to reject any or all proposals,zor pursuant to Section 38 of the Highway Law, to award to other than the low bidder, to waive minor informalities, to advertise for new pro- posals, or to proceed to do the work otherwise, if, in its opinion, the best interests of the Town will thereby be promoted. Liability Insurance The Contractor shall furnish to the Town of Southold a certi- ficate or certificates of insurance which certificate shall list the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) days' notice has been given to the Town. The kinds and amounts of required insurance are for bodily injury and property damage covering (a) contractor's liability with respect to all work performed by him under the con- tract, (b) contractor' s liability for each subcontractor, (c.) con- tractor' s protective liability insurance for the contractor with respect to all work performed for the contractor by subcontractors, (d) protective liability insurance for the benefit of the Town of Southold and all employees of the Town both officially and person- ally with respect to all operations under the contract, other than operations directly performed by the Town. w • -2- The contractor will be expected to have satisfied all utili- ties involved if their involvement was necessary with the con- struction of the bulkhead either during or after completion of the project . Award of Contract Award of contract will be made only to the lowest responsible bidder as will best promote the public interest as provided by Section 103 of the General Municipal Law. The Town of Southold reserves the right to reject any or all proposals, to waive minor informalities, to advertise for new proposals, or to proceed to do the work otherwise, if, in its opinion, the best interests of the Town will thereby be promoted. Libaility Insurance The Contractor shall furnish to the Town of Southold a certi- ficate or certificates of insurance which certificate shall list the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) days' notice has been given to the Town. The kinds and amounts of required insurance are for bodily injury and property damage covering (a) contractor' s liability with respect to all work performed by him under the con- tract , (b) contractor' s liability for each subcontractor , (c) con- tractor' s protective liability insurance for the contractor with respect to all work performed for the contractor by subcontractors, (d) protective liability insurance for the benefit of the Town of Southold and all employees of the Town both officially and person- ally with respect to all operations under the contract , other than operations directly performed by the Town. $34, 592.01--Federal Revenue Sharing Funds -14. 870. 00--Paid to Whelan for Mattituck bulkhead 19. 722. 01 - 780. 00--Balance due Whelan when he submits final paid bills. 18, 942, 01--Remainder in Federal Revenue Sharing Fund. SOUTHOLDOWN BOARD - APRIL 7, 1981 . he current Town Budget relative to the use of Federal Revenue sharing Funds by transferring and/or reassigning the sum of $299, 023. 83 to the following: $41, 000. 00 - Police Equipment $78, 000. 00 - Waste Management $16, 000. 00 - Land Acquisition --►$34, 592. 01 - Bulkheading--- $30, 604. 52 - New Suffolk Avenue Road Improvement $11, 000. 00 - Street Lights - Bond Anticipation Note $11, 886. 72 - Street Light Equipment $10, 000.00 - Village of Greenport $46, 604. 33 - Highway Equipment $ 9, 049. 14 - Town Hall Sprinkler System $10, 287. 11 - Senior/Youth Center Equipment Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Councilman Drum, Justice Doyen, Supervisor Pell. This resolution was declared duly adopted. 2 . Moved by Councilman Nickles, seconded by Councilman Murphy, WHEREAS, Eugene Bolter applied to the Southold Town Board for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 29, 1981, and WHEREAS said application was referred to the Southold Town Trustees and Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a public hearing was held by the Town Board with respect to said application on the 24th day of March, 1981 at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Eugene Bolter be and he hereby is granted permission under the provisions of the Wetland Ordinance of the Town of Southold to construct a timber dock consisting of a fixed catwalk, hinged ramp, float and associated pilings at the north side of Broadwaters Road on Broadwaters Cove, Nassau Point, Cutchogue, New York, under the following conditions: 1. The 14 ft. by 14 ft . deck shall be eliminated entirely. 2. The catwalk shall be not less than 3 feet above ground level. (COUNCILMAN NICKLES: The last few conditions were at the recommendation of both the Advisory Council and the Southold Town Board of Trustees. ) Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Nickles, Justice Doyen, Supervisor Pell. Abstain: Councilman Drum. This resolution was declared duly adopted. V. RESOLUTIONS SUPERVISOR PELL: Number one was recommended by the Street Light Committee. Are you prepared to offer a resolution? COUNCILMAN MURPHY: Yes. I would like to make a statement first, Bill. At a meeting held on March 10th Councilman John Nickles questioned the resolution I made, and it was a good question. What does it cost? I disagreed with John' s question at the time because the actual figures were available during the work session and it was not asked for. At the Town Board meeting the best the previous PAGE 2 - SOUTHOLD TOWN BOARD - FEBRUARY 24, 1981 and have a report for the next Town Board meeting on March ,10th. 11: 55 A.M. - The Board began reviewing the agenda. 11: 30 A.M. - Lawrence Tuthill and George Fisher appeared before the Board to discuss the flood insurance maps. Mr. Tuthill has received a new set of maps with preliminary changes in zone lines and he does not agree with the lines and asked the Board' s permission to file for exceptions. This permission .nvas granted. - Mr. Tuthill _advised the Board there is needed repair work at Gull Pond Inlet . _The bulkhead should be extended 18 ft . , plus repair to the existing_ .bulkhead and dredging needed. The cost will be approximately =10 ,000. The Board agreed to go to bid for accomp is ins this work as soon as Mr. Tuthill submits specifications. 11: 45 A. M. - The Board resumed reviewing the agenda. 11: 55 A. M. - Recess for lunch. 1 : 15 P. M. - James McMahon, Director of Southold Town' s Delinquency and Diversion Program spoke with the Board about the purchase of a vehicle which is covered in the funding for the program. Mr. McMahon had a list of cars for sale by Suffolk County and he was advised to choose one that would suit his needs and be economical to run. 1 : 20 P.M. - 2 : 55 P.M. - The Board reviewed the agenda. A regular meeting of the Southold Town Board was held on Tuesday, February 24, 1981 at the Southold Town Hall , Main Road, Southold, New York. Supervisor Pell opened the meeting at 3: 00 P.M. with the Pledge of Allegiance to the Flag. Present: Supervisor William R. Pell, III Councilman Henry W. Drum Councilman Lawrence Murdock, Jr. Councilman Francis J. Murphy Town Clerk Judith T. Terry Town Attorney Robert W. Tasker Highway Superintendent Raymond C. Dean Deputy Supervisor Marie Bauer Johnson i Absent: Councilman John J. Nickles !` Justice Francis T. Doyen I' i PI f Vii, FEBRUARY 24 , 19 1 0 COUNCILMAN DRUM: Before making the resolution, the Town Board has considered legislation and studied and discussed to considerable length the use of the non-returnable beverage container. I realize it is before Suffolk County at the present for consideration. 16. On motion of Councilman Drum, seconded by Councilman Murphy, WHEREAS, the quality of our environment has been and is being detrimentally affected- by the accumulation of debris in our neighborhoods, and WHEREAS, in large measure this debris is a result of discarded beverage containers, and WHEREAS, the New York State Legislature and Suffolk County Legislature has been studying this problem, and WHEREAS, the problem has grown steadily worse, now, therefore, be it RESOLVED that the Town Board of the Town of Southold urges -the New York State Legislature to take immediate action to enact Senate Bill 2831/Assembly Bill 3692, entitled "AN ACT to amend the environmental conservation law in relation to litter and solid waste control" , and be it further RESOLVED that the Town Board of the Town of Southold urges the Suffolk County Legislature to take immediate action to enact a "Local Law regarding a ,bevera=e container control law" . Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, - Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: I ' d like to say the public hearing is being held today, our Town Board day. The hearing will be held two weeks from today when we also have Town Board meeting, so the county public hearing and our Town Board just hit the same time. We will have this resolution to be presented up there when they _ have their official public hearing. I also hope you heard what Councilman Drum read. Also the State has proposed a .ban also. COUNCILMAN DRUM: The Association of Towns proposed this. All of the towns in New York State, they voted to support this legislation. SUPERVISOR PELL: This is statewide as well as county what we are endorsing today. 17. On motion of Councilman Murphy, seconded by Councilman Murdock, it was RESOLVED that the Town Clerk be and she hereby is authorized and directed to advertise for bids for bulkheading at Gull Pond Inlet, in accordance with plans and specifications prepared by Town Engineer Lawrence Tuthill. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Drum, Supervisor Pell. ' s_ resolution was declared duly adopted. 18. On motion of Councilman-Murdock, seconded by Councilman Drum, it was RESOLVED that Building Inspector Hindermann be and he hereby is granted permission to use a Town vehicle to attend the Solar Access Seminar at the Firematics Training Center, Yaphank, New York, on Tuesday evening, March 31, 1981, from 7: 00 to 10: 00 P.M. , and transport other Town employees wishing to attend this seminar. Vote of the Town Board: Ayes: Councilman Murphy, Councilman Murdock, Councilman Drum, Supervisor Pell. This resolution was declared duly adopted. SUPERVISOR PELL: That ends the prepared agenda. I will ask the Councilmen if they have anything else they wish to bring up at this time. Larry? COUNCILMAN MURDOCK: Yes, since we had such a long and complicated public hearing, I ' d like to make a resolution authorizing the passage of Local Law No. 2 for 1981. 19. On motion of Councilman Murdock, seconded by Councilman Drum, WHEREAS, a proposed Local Law No. 2 - 1981 was introducted at a meeting of this Board held on the 27th day of January, 1981, and WHEF.EAS, a public hearing was held thereon by the Board on the 24th day of February, 1981 , at which time all interested persons were given an opportunity to be heard thereon, + l 1� I j STATE OF NEW YORK: SS: i COUNTY OF SUFFOLK: 3 i+ + JUDITH T. TERRY, Town Clerk of the Town of Southold, New York, being duly sworn, says that she is over the age of twenty-one years; that on the 4th day of May lg 81 i she affixed a notice of which the annexed printed notice is a I true copy, in a proper and substantial manner, in a most public ; place in the Town of Southold, Suffolk County, New York, to wit : - 1 i + Town Clerk Bulletin Board, Town Clerk Office, Main Road, Southold, New York 11971 1 I, s j; Notice to Bidders - For the Repair and extension of bulkhead j end dredging at Gull Pond, Greenport . - Bid opening - 3: 00 P.M. , j may 28, 1981, Southold Town Hall. I I l; i I' r i li Judith T. Terry Southold Town Clerk } f i, I Sworn to be before me this 4th day of May 19 81 i I i' Notary Public �i' ELIZABETH ANN NEVILLI I NOTARY PUBLIC, State of New Y41.1 I No. 52-8125850, Suffolk CCU j Term Expires. Mar&h 31 i I!' i i it ii i I j I Ii 1 I 1 � II t i 1 s 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 repair and extension of bulkhead and dredging at Gull Pond at Greenport, 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 May 28, 1981, at which time and place they will be publicly opened and read aloud. Specifications, a proposed contract for the execution of the work and forms of pro- posals 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 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 (5%) 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 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. i 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 signed and enclosed in sealed envelopes plainly marked "Bid for Bulkhead" and addressed to the Southold Town Board, Town Hall, 53095 Main Street, Southold, New York. Dated: May 4, 1981 SOUTHOLD TOWN BOARD by Judith T. Terry, Town Clerk PLEASE PUBLISH ONCE, MAY 14, 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICA- TION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on May 4, 1981 : The Suffolk Times The Long Island Traveler-Watchman, Inc. Town Board Members Town Clerk Bulletin Board -2- PREVAILING RATE SCHEDULE • SVa*e of New York Case Number Bureau of -* Department of Labor Public Work 8002867 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai 1 i ng OCCUPATIONS Effect. wage health date basic and pen- suppl . other supplements hourly welfare Sion unemp. rate (A) (B) (C) CD) through (M) CORE DRILLER Core Dri I ler 11/17/80 10. 605 1. 00 . 74 G- 19 " Helper 11/17/80 9. 245 1. 00 . 74 G- 19 ELECTRICIAN Electrician 1/1/81 15. 10 7%+. 35 5 1/2% . 25 G&L- 8 1/2%, H-5/8%, I-9%, J-3% Appr. 1st term 1/1/81 6. 04 7'/.+. 35 5 1/2% . 25 G&L- 8 1/2%, H-S/8%, IRONWORKER Ironworker-StructUra I 2/1/81 12. 9S 1- 86 2. 30 1. Appr. 1st term 2/1/81 7. 28 1. 86 2. 30 Rei hforci ng-(Lather) 8/1/80 13. S4 1. 325 .9a5 D-. 02, G-_ 75, H-. 01, 1-1. 10 Appr. 1st Term 8/1/80 3. 8S 1. 325 . 985 D-. 02, H-. 01 Ironworker-Ornamental 2/1/81 12. 62 1. 21 1. 55 -Chain Link 2/1/81 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 2/1/81 7. S7 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 1/13/81 12. 49 1. 33 1. 93 H-. 03, I-2. O5 11 Appr. 1st term 1/13/81 6. 25 1. 33 1. 93 H- 03, 1- SO PAINTER Painter-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, I-. 71 Appr. 1st term 9/1/79 6. 55 . 62 . 62 G- 20, 1- 25 Nassau Co. CN 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-. DS Appr. 1st term 5/1/80 5. 41 1. 29 1. 15 G-. 35, H-. 0S " Scaffold/Spray 5/1/80 12. 37 1. 29 2. 30 G-. 70, H-. 05 Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 11/14/80 14. 28 1. 86 2. 00 H- 07 Power Tool , Spray 11/14/80 15. 28 1. 99 2. 14 H- 08 Sandb I aster(stee I ) 11/14/80 15. 28 1. 99 2. 14 H- 08 Appr. ist term 11/14/80 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County .............................. Painter 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. 35 3. 1s . 85 G-. 50, H-. 21 Appr. 1st term 5/1/80 5. 73 1. 90 . 85 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 2/1/81 13. 65 1. 00 2. 0S G-1. 30, H-. 37, I-. 57 " Appr. 1st term 2/1/81 5. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- PIumber 2/1/81 12. 75 1. 10 1. 54 G-1. 10, H-. 25 " Appr. 1st terra 2/1/81 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 2/1/81 10. 12S 1. 6125 2. 8525 1- 40 " Euclid 2/1/81 10. 525 1. 612S 2. 8525 1- 40 Other 2/1/81 9. 325 1. 6125 2. S0 WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 30 ( 4/3/81 0 PREVAILING RATE SCHEDULE 0 State of New York Case Number Bureau of Department of Labor Public Work 8002867 NASSAU AND SUFFOLK COUNTIES Prev- SUPPLEMENTAL BENEFIT PAYMENTS ai I i ng OCCUPATIONS Effect. wage health date basic and pen- suppi . other supplements hourly welfare sion unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 2/1/81 13. 35 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Helper 2/1/81 11. 15 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Appr. 1st term 2/1/81 7. 34 1. 85 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 8/1/80 13. 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 8/1/80 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 8/1/80 13. 45 1. 33 1. 71 G-. 90, H-. 06 11 Appr. 1st term 8/1/80 6- 70 1. 33 1. 71 G-. 90, H-. 06 Suffolk Co. ------------------------------ Pi ledri ver/Dockbui Ider 2/1/81 13. 25 1. 8s 1. 03 G-1. O1, H-. 05, I-. 75 " Appr. 1st term 2/1/81 7. 34 1. 8S 1. 03 ------------------------------ Ti mberman 2/1/81 12. 31 1. 85 1. 03 G-. 95, H-. O5, I-. 75 I. Helper 2/1/81 10. 80 1. 85 1. 03 G-. 95, H-. 05, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting Only. Mai nt. EI ectri ci an 6/1/80 12. 30 8% 4 1/2% G & L-6 1/2%, I-7'/. H-5/8'1., J-3% Appr. 1st term 6/1/80 4. S7 8% 4 1/2% G & L-6 1/2'/., 1-7% H-5/8%, J-3% LABORER(HVY/HWY) Laborer (H/H) Basic, Concrete, Jackhammer 2/1/81 8. 90 10 % 13 '/. G- 75 Pipelayer, Land- Scape, Trackman 2/1/81 8. 90 10 % 13 V. G-. 75 Power Tool 2/1/81 8. 90 10 % 13 V. G-. 75 Asphalt Raker, Form Setter 2/1/81 9. 50 10 '!. 13 V. G- 75 Asphalt Shoveler and Tamper 2/1/81 9. 30 10 V. 13 V. G- 75 MASON Cement Finisher 2/1/80 12. 60 2. 19 2. 02 H- 01 Appr. 1st term 2/1/80 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 2/5/81 11. 70 . 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 8/1/80 9. 90 . 59 . 70 G-7'/. Li nerman 8/1/80 10. 40 . 62 . 72 G-7'/. TREE TRIMMING Tree Trimmer 12/2/79 8. 43 . 34 . 25 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 . 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 2/1/81 8. 90 10% 13% G-. 75 Mulching Machine Oper. 2/1/81 11. 99S 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 2/1/81 10. 97 9% of 2. 2S G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 2/1/81 9. 32S 1. 6125 2. 50 WELL DRILLER We I I Dr i I I er 1/16/81 10. 55 8% 2. 2S G- 40 Helper 1/16/81 8. 55 8% 2. 25 G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 30 ( 4/3/81 ) ti 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 Sion Unemp. rate (A) (B) (C) (D) through (M) SURVEY CREW (HIGHWAY & HEAVY) Party Chief 7/1/80 12. 16 . 90 . 70 F-. 05, G-. 70, I-1. 50 Instrument Man 7/1/80 10. 21 . 90 . 70 Rodman/Chaff nman 7/1/80 8. 91 . 90 . 70 F-. O5, 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 9/24/80 13. 18 9% of 2. 25 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Bori ng Mach! ne 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location, Effective Date and Dragline 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-All Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Main-t. Eng. 12. 37 Mul chi ng Machi ne 11. 995 Oiler 10. 97 Pi ledri ver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11, 425 PUMP (Under 4") 11. 995 Pump (Over 4"3 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller, - Over 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 30 C 4/3/81 ) I 0 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 repair and extension of bulkhead and dredging at Gull Pond at Greenport, 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 May 28, 1981, at which time and place they will be publicly opened and read aloud. Specifications, a proposed contract for the execution of the work and forms of pro- posals 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 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 (5%) 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 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. 0 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 signed and enclosed in sealed envelopes plainly marked "Bid for Bulkhead" and addressed to the Southold Town Board, Town Hall, 53095 Main Street, Southold, New York. Dated: May 4, 1981 SOUTHOLD TOWN BOARD by Judith T. Terry, Town Clerk PLEASE PUBLISH ONCE, MAY 14, 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICA- TION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on May 4, 1981: The Suffolk Times The Long Island Traveler-Watchman, Inc. Town Board Members Town Clerk Bulletin Board -2- t _ . SPECIFICATIONS FOR THE REPAIR AND EXTENSION OF BULKHEAD AND DREDGING AT GULL POND, GREENPORT, 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 maintenance dredging and the repair and extension of bulkheading of the Town located at the entrance to Gull Pond, adjacent to Orient Harbor, Greenport, New York 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. It is the intention of these specifications that all work and materials of every nature whatsoever, is to be performed and supplied by the contractor at the contractors 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 specifications required to complete the work. A complete set of drawings and specifications shall be available at the job site at all times. Any discrepancy 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 terms or modifications in the Contract Documents and none of the Contract Documents shall be deemed waived or modified by reason of any oral agreement. 4. PROTECTION OF LIFE AND PROPERTY The 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 period of one (1) year from the date of final acceptance of the work .by the Town. 6. ENUMERATION OF CONTRACT DOCUMENTS The following are the Contract Documents, Specifications, Proposal, Notice to Bidders, Specifications and Contract. 7. PERMITS The contractor shall obtain and pay for all required permits, approvals, authorizations, licenses of any kind necessary for the prosecution of the work. - 2- 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 bidder to examine any form, instrument ox 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 administratio of the Town oi-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- PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE DREDGING , REPAIR AND EXTENSION OF BULKHEAD AT GULL POND, GREENPORT, 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 repair and extend a bulkhead and to dredge a channel at Gull Pond adjacent to Orient Harbor at Greenport, 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 prat 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 all of the required work. 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 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 (516) 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 any 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) 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 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- signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder Business Address of Bidder -3- I 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: Repair and extend bulkhead and to dredge channel at AGull Pond, adjacent to Orient Harbor at Greenport, 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 misstatements 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 1981. Secretary (Seal of the Corporation) Y Specifications for EXTENSION of WEST JETTY MAINTENANCE DREDGING and BULKHEAD REINFORCEMENT at the ENTRANCE CHANNEL to r Gull Pond from Orient Harbor by Town of Southold Suffolk County New York .3 Location Existing bulkhead on sides of channel connecting Orient Harbor and Gull Pond. Proposed maintenance project to preserve the integrity of the bulkheading and restore the structural strength thereof. Scope Provide labor, material and equipment to remove old piling or parts thereof as set forth on plan of project. Excess material to be removed from area and properly disposed of. New piles to be C.C.A. - length as indicated and set in place to the satisfaction of the Town Engineer. Material to be used in con- struction will be as outlined in the specifications. Dredged material will be set in place in the spoil area as approved by permit and shown on plan. Area Involved All work to be performed so as to cause as little inconven- ience as possible to the public and adjacent property owners. Equipment and material to be placed so as not to interfere with park or property use. Area to be left in a condition to satisfy owners and Town of Southold Engineer. Material Unless otherwise agreed to by contractor and engineer all hardware is to be hot-dip galvanized. Bolts and tie rods will be 3/4" diameter, piling C.C.A. - 2.5 class 12" butt - 25' long except as noted. Wales 6" x 6" C.C.A. 2.5 with 4' splices, staving 2" x 10' T. & G. with 20# creosote treatment. Extra Work The engineer may order the contractor in writing to perform such extra work as he may find necessary. However, if cost of extra work is not provided for in proposal, engineer may request prices from contractor - costs of the extras involved. Dimensions of Work shall remain within the limits defined in both the specs and the approved plans. No additions, sub- tractions or alterations will be made without the engineer' s approval. Start and Completion will be as agreed to with the engineer. Starting only after all permits and approvals have been obtained and/or available for inspections. Finish after final inspection and approval of engineer. Subcontractors - will be the responsibility of the prime contractor and should be approved by the engineer if they become a necessity. -2- The contractor will be expected to have satisfied all utili- ties involved if their involvement was necessary with the con- struction of the bulkhead either during or after completion of the project. Award of Contract Award of contract will be made only to the lowest responsible bidder as will best promote the public interest as provided by. Section 103 of the General Municipal Law. The Town of Southold reserves the right to reject any or all proposals, to waive minor informalities , to advertise for new proposals, or to proceed to do the work otherwise, if, in its opinion, the best interests of the Town will thereby be promoted. Libaility Insurance The Contractor shall furnish to the Town of Southold a certi- ficate or certificates of insurance which certificate shall list the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) days' notice has been given to the Town. The kinds and amounts of required insurance are for bodily injury and property damage covering (a) contractor' s liability with respect to all work performed by him under the con- tract , (b) contractor' s liability for each subcontractor, (c) con- tractor' s protective liability insurance for the contractor with respect to all work performed for the contractor by subcontractors, (d) protective liability insurance for the benefit of the Town of Southold and all employees of the Town both officially and person- ally with respect to all operations under the contract , other than operations directly performed by the Town. BID DATA FOR TOWN OF SOUTHOLD Item No. 1. Furnish all labor, materials, tools, equipment, transportation, supervision, etc. , necessary for the channel repairs, dredging and bulkhead extension at Gull Pond, Town of Southold, N.Y. , 11971; in accordance with the attached drawing, specifications, and conditions, ALLFOR THE LUMP SUM OF. . . . . . . . . . . . . . . . . . . . . . . . 2. Unit price per pile - 25' piles - C.C.A. 2.5 ifnecessary (in place) . . . . . . . . . . . . . . . . . . . . . . . . $ COMPLETION TIME: Work shall be started within ( ) calendar days after receipt of notice to proceed and be completed within ( ) calendar days after receipt of notice to proceed. SITE INSPECTION: Bidders should visit the site location to fully inform themselves of existing conditions under which the work is to be performed, regulations regarding work on the site, use of roads, utilities, etc. , and other relevant matters. Failure to do so will not relieve the constractor of any responsibility for satisfactory and proper execution and completion of the contract. BIDDER SHALL FILL IN THE FOLLOWING: BIDDER: DATE: ADDRESS: ZIP CODE: BY: TITLE: PHONE (AREA CODE & NUMBER) : MUIRFIELD CONTRACTING, INC. LIEUTE D W "MUSE D"TTU 16 Heath Place GARDEN CITY, NEW YORK 11530 DATE (516) 742-8124 ATTENTION RE: TO JUN 2 1981 To" ad 8XIM WE ARE SENDING YOU [!I�Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints LTJ t'IanS ❑ Samples 2rSpecifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION r THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO . SIGNED. 1'7`— PRODUCT 240.2 Int,"W'Mm 01450 If enclosures are not as noted, kindly noti us at once. 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 repair and extension of bulkhead and dredging at Gull Pond at Greenport, 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 Alay 28, 1981, at which time and place they will be publicly opened and read aloud. Specifications, a proposed contract for the execution of the work and forms of pro- posals 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 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 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. u 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 signed and enclosed in sealed envelopes plainly marked "Bid for Bulkhead" and addressed to the Southold Town Board, Town Hall, 53095 Main Street, Southold, New York. Dated: May 4, 1981 SOUTHOLD TOWN BOARD by Judith T. Terry, Town Clerk PLEASE PUBLISH ONCE, MAY 14, 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICA- TION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on May 4, 1981 : The Suffolk Times The Long Island Traveler-Watchman, Inc. Town Board Members Town Clerk Bulletin Board -2- SPECIFICATIONS FOR THE REPAIR AND EXTENSION OF BULKHEAD AND DREDGING AT GULL POND, GREENPORT, 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 maintenance dredging and the repair and extension of bulkheading of the Town located at the entrance to Gull Pond, adjacent to Orient Harbor, Greenport, New York 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. It is the intention of these specifications that all work and materials of every nature whatsoever, 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 specifications required to complete the work. A complete set of drawings and specifications shall be available at the job site at all times. Any discrepancy 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 crders, claims or instructions by any party shall not change the terms or modifications in the Contract Documents and none of the Contract Documents shall be deemed waived or modified by reason of any oral agreement. 4. PROTECTION OF LIFE AND PROPERTY The 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 period of one (1) year from the date of final acceptance of the work .by the Town. 6. ENUMERATION OF CONTRACT DOCUMENTS The following are the Contract Documents, Specifications, Proposal, Notice to Bidders, Specifications and Contract. 7. PERMITS The contractor shall obtain and pay for all required permits, approvals, authorizations, licenses of any kind necessary for the prosecution of the work. - 2- 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- h � Contract Documents (including all addenda). The failure or omission of any bidder 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 administratio. 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- PREVAILING RATE SCHEDULE Stalie df 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 sion unemp. rate (A) (B) (C) (D) through (M) CORE DRILLER Core Dri I ler 11/17/80 10. 605 1. 00 . 74 G- 19 Helper 11/17/80 9. 24 1. 00 74 G-. 19 ELECTRICIAN Electrician 1/1/81 15. 10 7%+. 35 5 1/2% . 25 G&L- 8 1/2%, H-5/8%, 1-9%, J-3Y. Appr. 1st term 1/1/81 6. 04 7%+. 35 5 1/2% 25 G&L- 8 1/2%, H-5/8%, IRONWORKER Ironworker-Structural 2/1/81 12. 95 1. 86 2. 30 G-1. 85, H-. 11. I-2. 15 1. Appr. 1st term 2/1/81 7. 28 1. 86 2. 30 Rei nforci ng-(Lather) 8/1/80 13. 54 1. 325 985 D-. 02, G-- 75, H-. 01, 1-1. 10 Appr. 1st Term 8/1/80 3. 8S 1. 325 . 985 D-. 02, H-. 01 Ironworker-Ornamental 2/1/81 12. 62 1. 21 1. 55 G-1. 00, H-. 10, 1-2. 00 -Chain Link 2/1/81 12. 62 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 Fence "Appr. 1st term 2/1/81 7. 57 1. 21 1. 55 G-1. 00, H-. 10, I-2. 00 MASON Bricklayer 1/13/81 12. 49 1. 33 1. 93 H-. 03, I-2. 05 Appr. 1st term 1/13/81 6. 25 1. 33 1. 93 H- 03, 1­ 50 PAINTER Painter-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, 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. ) ------------------------------ Pai nter-Brush 5/1/80 10. 82 1. 29 2. 30 G-. 70, H-. 09 Appr. 1st term 5/1/80 5. 41 1. 29 1. 15 G-. 35, H-. 05 Scaffold/Spray 5/1/80 12. 37 1. 29 2. 30 G-. 70, H-. OS Nassau Co. Remainder of County ------------------------------ Pai nter-Steel 11/14/80 14. 23 1. 86 2. 00 H- 07 Power Tool , Spray 11/14/80 15. 28 1. 99 2. 14 H- 08 Sandblaster(steel ) 11/14/80 15. 28 1. 99 2. 14 H- 08 Appr. 1st term 11/14/80 7. 00 . 91 . 98 H-. 035 Nassau Co. -Entire County Painter Brush 5/1/80 11. 03 3. 1s 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. 15 . 85 G-. 50, H-. 21 Appr. 1st term 5/1/80 5. 73 1. 90 . 85 G-. 25, H-. 21 Suffolk Co. PLUMBER Plumber 2/1/81 13. 65 1. 00 2. 05 G-1. 30, 1­1­ 37, 1­ 57 " Appr. 1st term 2/1/81 S. 46 . 60 1. 31 G-. 70, H-. 24, I-. 29 Suffolk Co. ------------------------------ Plumber ----------------------------- Plumber 2/1/81 12. 75 1. 10 1. 54 Appr. 1st term 2/1/81 5. 10 . 44 . 616 G-. 44, H-. 10 Nassau Co. TEAMSTER Truck Driver Excavation 2/1/81 10. 125 1. 6125 2- 8525 1­ 40 Euc I i d 2/1/81 10. 525 1. 612S 2. 8525 1­ 40 Other 2/1/81 9. 325 1. 6125 2. 5D WELDER Welder To be paid the rate of the mechanic performing the work OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY and BUILDING SCHEDULES Print 30 ( 4/3/81 ) w w` 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 slon unemp. rate (A) (B) (C) (D) through (M) CARPENTER Carpenter (H/H) 2/1/81 13. 39 1. 85 1. 03 G- 95, 14- 05, 1- 75 Helper- 2/1/81 11. 1S 1. 85 1. 03 G-. 95, H-. O5, I-. 75 Appr. 1st term 2/1/81 7. 34 1. 8S 1. 03 G-. 95, H-. 05, I-. 75 Nassau Co. (South of So. State Pkwy. & West of Seaford Creek) ------------------------------ Carpenter (H/H) 8/1/80 13- 40 1. 50 1. 49 G-. 95, H-. 06 Appr. 1st term 8/1/80 6. 70 1. 50 1. 49 G-. 95, H-. 06 Nassau Co. Remainder of County ------------------------------ Carpenter(H/H) 8/1/80 13. 45 1. 33 1. 71 G- 90, 11- 06 Appr. 1st term 8/1/80 6. 70 1. 33 1. 71 G-. 9D, H-. 06 Suffolk Co. ------------------------------ Pi ledriver/Dockbui Ider 2/1/81 13. 25 1. 85 1. 03 Appr. 1st term 2/1/81 7. 34 1. 8S 1. 03 ------------------------------ Ti mberman 2/1/81 12. 31 1. 85 1. 03 G- 95, 11- 05, 1- 75 Helper 2/1/81 10. 80 1. 85 1. 03 G-. 9S, H- OS, I-. 75 ELECTRICIAN-HIGHWAY MAINTENANCE Applicable on traffic signals and street lighting only. Mai nt. Electri ci an 6/1/80 12. 30 8% 4 1/2% G & L-6 1/2%, I-7'/• Appr. 1st term 6/1/8D 4. 57 8% 4 1/2'/. G & L-6 1/2'/., I-7% H-5/8'/•, J-3'/• LABORER(HVY/HWY) Laborer (H/H) Bas 1 c, Concrete, Jackhammer 2/1/81 8. 90 10 % 13 '/. G- 75 Pipelayer, Land- Scape, Trackman 2/1/81 8. 90 10 % 13 % G-. 75 Power Tool 2/1/81 8. 90 10 % 13 % G-. 75 Asphalt Raker, Form Setter 2/1/81 9. 50 10 '/. 13 % G- 75 Asphalt Shoveler and Tamper 2/1/81 9. 30 10 % 13 V. G-. 75 MASON Cement Finisher 2/1/80 12. 60 2. 19 2. 02 H- 01 1. Appr. 1st term 2/1/80 6. 30 2. 19 2. 02 H- 01 SIGN ERECTOR Sign Erector 2/5/81 11. 70 . 82 1. 11 H-. 02, I-. 43 M-Emp S. S. STRIPER Striping Mach. Oper 8/1/80 9. 90 S9 70 G-7% Li nerman 8/1/80 10. 40 . 62 . 72 G-7'/. TREE TP.IMIMING Tree Trimmer 12/2/79 8. 43 34 25 1. 1st 6mo 12/2/79 -1. 51 . 34 . 2S Groundman, Ori ver 1st 6mo 12/2/79 6. 07 . 34 . 25 Driver 2nd 6mo 12/2/79 6. 36 34 25 Driver after, 1 yr. 12/2/79 6. 95 34 25 TREE REMOVAL & LANDSCAPING Landscape Laborer 2/1/81 8. 90 10'/• 13'/. G-. 75 Mulching Machine Oper. 2/1/81 11. 99S 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Stump Chipper Mach. 2/1/81 10. 97 9% of 2. 25 G-1. 00, H-. 15, M-. 10 rate+vac. Truck Driver 2/1/81 9. 325 1. 6125 2. 50 WELL DRILLER We I I Dri I I er 1/16/81 10. 55 8% 2. 25 G- 40 Helper 1/16/81 8. 55 8% 2. 2S G- 40 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 30 ( 4/3/81 ) • ► ~ 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 ai 1 i ng 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 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-. OS, G-. 70, I-1. 50 Rodman/Chai nman 7/1/80 8. 91 . 90 . 70 F-. OS, 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 CH/H) Asphalt Spreader 9/24/80 13. 18 9% of 2. 25 . 20 H-. 15, G-1. 00, M-. 10 Backhoe 13. 55 hourly Boring Machine 13. 12 rate + Bulldozer 12. 37 vac. Compressor-Single 11. 995 Compressor-2 or more in battery 12. 60 Concrete Pump 12. 64 Concrete Spreader 13. 18 Concrete Breaker 11. 28 Conveyor 12. 37 Crane 13. 18 Location. Effective Date and 1 Drag 11ne 13. 55 Supplemental Benefit Payments Finishing Machine 12. 37 are the same for all Power Equipment Fireman 12. 37 Operators. Generator 12. 29 Grade-A I 1 Oper. 13. 55 Grader 12. 585 Front End Loader 12. 905 Mai mt. Eng. 12. 37 Mul chi ng Machine 11. 995 Oiler 10. 97 Pi ledri ver 13. 55 Post Driver (Guard Rail ) 13. 12 Power Broom 11. 425 Pump (Under 4") 11. 995 Pump (Over 4") 12. 38 Ridge Cutter 11. 28 Roller - ST & Under 12. 37 Roller - Over, 5 Ton 12. 72 Scraper 12. 37 Shovel 13. 55 Stump Chipper 10. 97 Tractor-Caterpiller or Wheel 10. 755 Track Tamper 10. 97 Trenching Machine 13. 395 OCCUPATIONS APPLICABLE TO HEAVY/HIGHWAY SCHEDULES Print 30 ( 4/3/81 ) PROPOSAL TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE DREDGING , REPAIR AND EXTENSION OF BULKHEAD AT GULL POND, GREENPORT, 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 repair and extend a bulkhead and to dredge a channel at Gull Pond adjacent to Orient Harbor at Greenport, 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 prat 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 all of the required work. 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 t � 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. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any 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) 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 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- signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder 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 (Name of Corporation be authorized to sign and submit the bid or proposal of this corporation for the following project: Repair and extend bulkhead and to dredge channel at Gull Pond, adjacent to Orient Harbor at Greenport, 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 misstatements 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 1981. Secretary (Seal of the Corporation) THIS AGREEMENT, made and entered into this day of , 1981, 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 Contractors own sole cost and expense, furnish all labor and services and all material for the repair and extension of bulk- heading and to dredge a channel at Gull Pond, adjacent to Orient Harbor, near Greenport, 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 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 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 T_own_._, 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 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 (exclusive of such permits previously obtained by the Town) 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- 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 -5- 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 (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 (50%) 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 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- � s 4 » STATE OF NEW 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 duly 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 by like order. Notary Public -12- i' Specifications for EXTENSION of WEST JETTY MAINTENANCE DREDGING and BULKHEAD REINFORCEMENT at the ENTRANCE CHANNEL to Gull Pond from Orient Harbor by Town of Southold Suffolk County New York T Location Existing bulkhead on sides of channel connecting Orient Harbor and Gull Pond. Proposed maintenance project to preserve the integrity of the bulkheading and restore the structural strength thereof. Scope Provide labor, material and equipment to remove old piling or parts thereof as set forth on plan of project. Excess material to be removed from area and properly disposed of. New piles to be C.C.A. - length as indicated and set in place to the satisfaction of the Town Engineer. Material to be used in con- struction will be as outlined in the specifications. Dredged material will be set in place in the spoil area as approved by permit and shown on plan. Area Involved All work to be performed so as to cause as little inconven- ience as possible to the public and adjacent property owners. Equipment and material to be placed so as not to interfere with park or property use. Area to be left in a condition to satisfy owners and Town of Southold Engineer. Material Unless otherwise agreed to by contractor and engineer all hardware is to be hot-dip galvanized. Bolts and tie rods will be 3/4" diameter, piling C.C.A. - 2.5 class 12" butt - 25' long except as noted. Wales 6" x 6" C.C.A. 2.5 with 4' splices, staving 2" x 10' T. & G. with 20 creosote treatment. Extra Work The engineer may order the contractor in writing to perform such extra work as he may find necessary. However, if cost of extra work is not provided for in proposal, engineer may request prices from contractor- costs of the extras involved. Dimensions of Work shall remain within the limits defined in both the specs and the approved plans. No additions, sub- tractions or alterations will be made without the engineer' s approval. Start and Completion will be as agreed to with the engineer. Starting only after all permits and approvals have been obtained and/or available for inspections. Finish after final inspection and approval of engineer. Subcontractors - will be the responsibility of the prime contractor and should be approved by the engineer if they become a necessity. y -2- The contractor will be expected to have satisfied all utili- ties involved if their involvement was necessary with the con- struction of the bulkhead either during or after completion of the project . Award of Contract Award of contract will be made only to the lowest responsible bidder as will best promote the public interest as provided by Section 103 of the General Municipal Law. The Town of Southold reserves the right to reject any or all proposals, to waive minor informalities, to advertise for new proposals, or to proceed to do the work otherwise, if, in its opinion, the best interests of the Town will thereby be promoted. Libaility Insurance The Contractor shall furnish to the Town of Southold a certi- ficate or certificates of insurance which certificate shall list the various coverages and shall state that the policies shall not be changed nor cancelled until thirty (30) days' notice has beeh given to the Town. The kinds and amounts of required insurance are for bodily injury and property damage covering (a) contractor' s liability with respect to all work performed by him under the con- tract , (b) contractor' s liability for each subcontractor, (c) con- tractor` s protective liability insurance for the contractor with respect to all work performed for the contractor by subcontractors, (d) protective liability insurance for the benefit of the Town of Southold and all employees of the Town both officially and person- ally with respect to all operations under the contract , other than operations directly performed by the Town. BID DATA FOR TOWN OF SOUTHOLD Item No. 1. Furnish all labor, materials, tools, equipment, transportation, supervision, etc. , necessary for the channel repairs, dredging and bulkhead extension at Gull Pond, Town of Southold, N.Y. , 11971; in accordance with the attached drawing, specifications, and conditions, ALLFOR THE LUMP SUM OF. . . . . . . . . . . . . . . . . . . . . . . . $ 2. Unit price per pile - 25' piles - C.C.A. 2.5 ifnecessary (in place) . . . . . . . . . . . . . . . . . . . . . . . . $ i COMPLETION TIME: Work shall be started within ( ) calendar days after receipt of notice to proceed and be completed within ( ) calendar days after receipt of notice to proceed. SITE INSPECTION: Bidders should visit the site location to fully inform themselves of existing conditions under which the work is to be performed, regulations regarding work on the site, use of roads, utilities, etc. , and other relevant matters. Failure to do so will not relieve the constractor of any responsibility for satisfactory and proper execution and completion of the contract. BIDDER SHALL FILL IN THE FOLLOWING: BIDDER: DATE: ADDRESS: ZIP CODE: BY: TITLE: PHONE (AREA CODE & NUMBER) : SPECTFICATIONS FOR BULKHEADTNG AT GULL POND, GREENPORT Spec. 's given out to the following: 1 . James H. Rambo ---5/15/81 2. ''uirfield Contracting Co. , Garden City, N.Y. ---5/18/81 3 . Coastal Dock Building Corporation, Gpt. (Charles King) 5/21/81 4. Southampton Drainage Corp. , 395 Tuthill Rd. , Southold,N.Y. 11971 aUTHOPIZED ev TOUJAI at S13UTHD LL) IVOURN L KLiPP P14PI'L �1 Ib!uN e{ eau +hald � - - 1 s Pra used �P deil- \ fKfenS��n ' y � - P AREA Separate , P n+!/) '�-u rG c i}E 066 . P e �x���s LaoR �n,� �o ffi _ 6v6 l/An f"rC- /KIrP�✓ _ 25 A/=5 - G' cen f_=rte iI a� A A A C w Q_ . 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