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HomeMy WebLinkAboutLatham Sand & Gravel, Inc WILLIAM M.DUFFY ��,,, SCOTT A.RUSSELL TOWN ATTORNEY I�o°�*c SUUry� Supervisor bill.duffy@town.southold.ny.us 1,,�O l0 ` STEPHEN F.KIELY �� : Town Hall Annex, 54375 Route 25 Jg[ JIlt % P.O.Box 1179 ASSISTANT TOWN ATTORNEY ; N ; Southold, New York 11971-0959 Stephen.kiely@town.southold.ny.us G &.4 ' % •LORI M.HULSE =��ly ire Telephone (631) 765-1939 ASSISTANT TOWN ATTORNEY =.00UNII,V;i1Facsimile (631) 765-6639 lori.hulse@town.southold.ny.us �"" ''�� OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED AUG 272015 August 26, 2015 Southold Town Clerk Mr. John Hocker Latham Sand & Gravel, Inc. P.O. Box 608 Peconic, NY 11958 RE: Agreement w/Town of Southold Furnish Construction Equipment and Services/Dredging and Other Services Dear Mr. Hocker: I am enclosing a copy of the fully executed Agreement in connection with the referenced matter for your records. The Town Clerk will retain the original, fully executed Agreement and we will retain a copy of same in our file. Kindly provide our office with the required insurance certificates outlined in ¶6 of the Agreement. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you for your attention. Very tr ly yours, tri--N&I-- 6tA1, --- Lynne Krauza Secretary to the Town Attorney Ilk Enclosure cc: Elizabeth A. Neville, Town Clerk (w/encl. - original) John Cushman, Comptroller (w/encl.) Michael Collins, Town Engineer (w/o encl.) - �iGi '` L AGREEMENT THIS AGREEMENT entered into this 117 day of Moc )5-1- , 2015, by and between the Town of Southold, a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York 11971-0959, party of the first part (hereinafter called the "Town") and Latham Sand & Gravel, Inc., with an address at P.O. Box 608, Peconic,New York 11958,party of the second part(hereinafter called the "Contractor"). WITNESSETH : That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made,the parties hereto agree as follows: FIRST: The Contractor shall furnish all the Equipment specified within a Town Purchase Order to "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" and shall coordinate the deliveries with the Town Engineering Department at 631-765-1560. AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and Latham Sand & Gravel, Inc., and as set forth in the Contractor's Bid dated June 16, 2015, and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Equipment Specifications, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as"Contract Documents". SECOND: In payment for the services to be performed hereunder by Contractor, the Town shall make payments to Contractor upon receipt from the Contractor of a Purchase Order and signed voucher for such compensation evidencing the construction equipment and services provided in connection with dredging and other services within the Town of Southold. Payment will be completed provided Town has received said Purchase Order and voucher and has audited and approved same for payment. The Town Board shall process any vouchers received from Contractor as expeditiously as possible. In the event that the Town disputes or objects to any portion of any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within 30 days of receipt of such voucher, notify Contractor in writing of such dispute or objection. Contractor acknowledges that Contractor is familiar with the requirements of Section 118 of the Town Law which, in effect, prohibit payment of any of Contractor's claims against the Town unless an itemized voucher therefore shall have been presented to the Town Board or Town Comptroller and shall have been audited and allowed by the Town Board or Town Comptroller. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to the contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money other than the amounts in said Contract Documents provided; and the failure of the Town or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for -1- the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Town to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Town may have against the Contractor under this Agreement or the Contract Documents. FOURTH: The Contractor covenants and agrees that this Contract shall remain in full force and effect for a period of two years from the date of this Contract with a provision for a one year extension upon mutual agreement by both Town and Contractor. FIFTH: Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A.Neville, RMC, CMC Southold Town Clerk P.O. Box 1179 Southold,NY 11971-0959 With a copy to: Engineering Department Town of Southold P.O. Box 1179 Southold,NY 11971-0959 ce- To Contractor: Mr. John Hocker, P.E.,President Latham Sand& Gravel, Inc. P.O. Box 608 Peconic,NY 11958 SIXTH: The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b) Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each person, in an amount not less than$2,000,000 on account of any one occurrence. Property damage insurance in an amount not less than $100,000 for damage on account of all occurrences. -2- Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all occurrences. The Contractor shall furnish the above insurance certificates to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date of such accident. SEVENTH: The Contractor agrees to indemnify and save the Town, its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor or the Contractor's Subcontractors and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's or Contractor's Subcontractors acts or omissions outside the scope of the Agreement or arising out of claims or actions by third parties against Contractor by virtue of his performance of this Agreement. EIGHTH: Neither Town nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or in part its interest under any of the Contract Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Town. NINTH: Town and Contractor each bind themselves, their partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. TENTH: The Contract Documents constitute the entire agreement between Town and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. ELEVENTH: The Town shall have the right to stop work or terminate the Contract if: (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or -3- (f) The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit. TWELVETH: It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements, or from any unforeseen or unusual difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws,regulations or ordinances. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Town of Sou d By: C.c•Xi13•geJ Scott A. Russell, Supervisor Latham Sand& Gravel, Inc. By: /45-cL- Hocker, Pre ' 6 d.Qr*. G"' -4- STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) So/ /t C1e4 On the L day of A090 y-E- in the year 2015 before me personally appeared r tt " n ___„, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. REGINA L. CARTSELOS Notary Public-State of New York No.01 CA6198908 /1411Notary Public Qualified in Suffolk County My Commission Expires January 5,2017 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) 44 ( .SC.0f- -t4- 45sei/ On the a5 day of ALI uS-1-in the year 2015 before me personally appeared personally known to me or owed to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. ._ � _ '�. _' I �- 401.._, Notary Public LAUREN M.STANDISH Notary Public,State of New York No.01 ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 -5- Southold Town Board -Letter Board Meeting of June 30, 2015 �a�E RESOLUTION 2015-610 Item# 5.30 ADOPTED DOC ID: 10983 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-610 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 30,2015: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid to supply the town with construction equipment and services in connection with dredging and other services within the Town of Southold, Suffolk County,New York as follows, all in accordance with the Town Attorney; and be it further RESOLVED that the Town Board authorizes and directs Supervisor Russell to execute the appropriate contract documents to implement the agreement for these services, as prepared by the Town Attorney. Latham Sand and Gravel: ITEM# I ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y CAPACITY DRAGLINE BUCKET&5/8 C.Y.CAPACITY CLAMSHELL BUCKET # 1 .1 DAY @ THREE THOUSAND SEVENTY DOLLARS .3,070 PER DAY (8 HOURS) $ PER DAY FURNISHING TOW BOAT # 2 1 DAY a ONE THOUSAND THREE HUNDRED TWENTY DOLLARS 1,320 PER DAY (8 HOURS) PER DAY FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. 4 1 DAY ctl ONE THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS 1,175 PER DAY (8 HOURS) PER DAY FURNISHING EXCAVATOR WITH 1-1/2 C.Y.CAPACITY BUCKET # 8 1 DAY @ ONE THOUSAND FIVE HUNDRED FOURTY FIVE DOLLARS 1,545 - PER DAY (8 HOURS) S PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y CAPACITY DRAGLINE BUCKET OR 3/4 C.Y CAPACITY CLAMSHELL BUCKET # 9 1,965 1 DAY n ONE THOUSAND NINE HUNDRED SIXTY FIVE DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITII 2 C Y CAPACITY Generated July 1,2015 Page 51 Southold Town Board -Letter Board Meeting of June 30, 2015 BUCKET # 11 1,385 1 DAY @ ONE THOUSAND THREE HUNDRED EIGHTY FIVE DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING OFF ROAD ARTICULATED DUMP TRUCKS - # 15 1 DAY @ TWO THOUSAND FIVE HUNDRED EIGHTY FIVE DOLLARS 2,585 PER DAY (8 HOURS) PER DAY Chesterfield Associates: ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING U 5 815 TON CLAMSHELL NE WITH 5/8 C. Y.CAPACITY DRAGLINE BUCKET 1,600 # 3 C.Y.CAPACITY 1 DAY @ ONE THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING DOZER WITH BLADE - 13,000 LBS. 1,300 # 5 1 DAY @ ONE THOUSAND THREE HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING FRONT END WHEEL LOADER WITH 2-1/2 C.Y.CAPACITY BUCKET 1,300 # 6 I DAY @ ONE THOUSAND THREE HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY # 7 FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y.CAPACITY BUCKET 1,500 1 DAY @ ONE THOUSAND FIVE HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY # 10 FURNISHING LONG REACH EXCAVATOR 2,600 I DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y CAPACITY 1 600 # 12 BUCKET 1 DAY @ ONE THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) PER DAY FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y CAPACITY BUCKET 2,600 # 13 I DAY @ TWO THOUSAND SIX HUNDRED DOLLARS PER DAY (8 HOURS) $ PER DAY FURNISHING 10 WHEEL DUMP TRUCK 1,200 # 14 I DAY @ ONE THOUSAND TWO HUNDRED DOLLARS PER DAY (8 HOURS) (NOTE. THERE IS NO MOBILIZATION OR DEMOBILIZATION FRO THIS ITEM) PER DAY y 23. Elizabeth A. Neville Generated July 1, 2015 Page 52 p Southold Town Board_ Letter Board Meeting of June 30,2015 Southold-Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P.Ruland, Councilman SECONDER:Louisa P.Evans,Justice AYES: Ghosio,Dinizio Jr,Ruland,Doherty,Evans,Russell Generated July 1, 2015 Page 53 ELIZABETH A.NEVILLE,MMC � yQ 0Gy Town Hall,53095 Main Road TOWN CLERK a , ; P.O.Box 1179 aia s 2,5 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ; Fax(631)765-6145 MARRIAGE OFFICER �-y* aQ`,�i•' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER : Oj ,,.i www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER ,,,,,,,• OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 21, 2015 John Hocker Latham Sand& Gravel, Inc. PO Box 608 Peconic NY 11958 Dear Mr Hocker: Congratulations. At the regular Town Board meeting held on June 30,2015, the Town Board accepted part of the bid of Latham Sand& Gravel for supplying equipment and services. A certified copy of the resolution is enclosed. Thank you for your bid. Very truly yours, (°1\t,saiL. 1\r\QL346 —. Lynda M Rudder Deputy Town Clerk Ens. ,•iii,,,,,_ (,,Iio`uf FO1. vv 4 ELIZABETH A.NEVILLE,MMC ,f'.4* o4\ Town Hall,53095 Main Road d. P.O.Box 1179 TOWN CLERK � = ; ea Southold,New York 11971 REGISTRAR OF VITAL STATISTICS k,p • W) Fax(631)765-6145 MARRIAGE OFFICER4 ., ,�i�� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER : �.( 4 '', www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER -.., ,.•• • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2015 Construction Equipment& Services Bid Opening 6/18/15 2:00 P.M. Two (2) bids received A. B. Latham Sand& Gravel Chesterfield Associates PO Box 608 56 S. Country road Peconic,NY 11958 PO Box 1229 631/734-6800 Westhampton Beach,NY 11979 A B 1 3,070 6,000 2 1,320 2,000 3 1,845 1,600 4 1,175 1,200 5 no bid 1,300 6 1,480 1,300 7 1,630 1,500 8 1,545 1,600 9 1,965 2,200 10 no bid 2,600 11 1,385 1,400 12 no bid 1,600 13 no bid 2,600 14 1,240 1,200 15 2,585 2,600 All prices are per day VENDOR NAME: Latham Sand & Gravel, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. x PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-2503744 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: Latham Sand & Gravel, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) C. Terry Latham John D. Hocker Marion G. Latham LIST OFFICERS AND DIRECTORS: NAME TITLE C. Terry Latham President John D. Hocker Vice President Marion G. Tatham C F_O If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL SID TO: VENDOR NAME: Latham Sand & Gravel, Inc. ADDRESS: P.O. BOx 608 Peconic, NY 11958 CONTACT: John Hocker TELEPHONE: 631 -734-6800 FAX: 631 -734-2318 E-MAIL: lathamgravel@yahoo.com ONLY if different- MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different- MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 VENDOR NAME: Latham Sand & Gravel, INc ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows-please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid x Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. /4 AUTHORIZED SIG TURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of.complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. I.� 7 'J.R SWORN TO BEFORE ME THIS Si ature&Company Position /J John D. Hocker, V.P. /& DAY OF 20 Type Name&Company Position Latham Sand & Gravel , Inc._ ?c,corQL.63D Company Name T.JboraNOTARY PUBLIC June 16, 201 5 REGINA L. CARTSELOS Date Signed Notary Public-State of New York No.01 CA6198908 1 1—250-3744 Qualified in Suffolk County Federal I.D Number My Commission Expires January 5,2017 Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold VENDOR NAME: r,at•ham Sand & Gravel, Tnc_ VENDOR ADDRESS: P.o. Box 608 Peconic, NY 11958 TELEPHONE NUMBER: 631-734-6800 FAX: 631 -734-2318 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer,at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals who are working for the Town of Southold or • other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated yete4 Contractors Signature (for all addenda) Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor, equipment, supplies and other facilities and things necessary and/or required for the execution and completion of Furnishing Construction Equipment and Services within the Town of Southold in strict accordance with the Bid Documents for the unit cost price as bid in the price schedule. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased, the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being Furnished. Al quoted figures shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town Projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2) years from the date of contract with the option of a one (1) year extension upon mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4)day's unit price bid daily rate. Demobilization: One-quarter(1/4)day's unit price bid daily rate. Proposal Package 8 of 11 ITEMIZED PROPOSAL FORM Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y CAPACITY DRAGLINE BUCKET&5/8 C.Y CAPACITY CLAMSHELL BUCKET # 1 1 DAY a PER DAY (8 HOURS) $ 3,070 PER DAY FURNISHING TOW BOAT # 2 1 DAY @ PER DAY (8 HOURS) $ 1 ,320 PER DAY FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C.Y. CAPACITY DRAGLINE BUCKET OR 5/8 C.Y.CAPACITY CLAMSHELL BUCKET # 3 I DAY @ PER DAY (8 HOURS) $ 1 ,845 PER DAY FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. # 4 I DAY n PER DAY (8 HOURS) $ 1 ,175 PER DAY FURNISHING DOZER WITH BLADE - 13,000 LBS. # 5 1 DAY @ PER DAY (8 HOURS) $ No Bid PER DAY FURNISHING FRONT END WHEEL LOADER WITH 2-1/2 C.Y CAPACITY BUCKET # 6 1 DAY @ PER DAY (8 HOURS) $ 1 ,480 PER DAY FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y.CAPACITY BUCKET # 7 I DAY @ PER DAY (8 HOURS) $ 1 , 630 PER DAY FURNISHING EXCAVATOR WITH 1-1/2 C.Y CAPACITY BUCKET # 8 1 DAY @ PER DAY (8 HOURS) $ 1 ,545 PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y. CAPACITY DRAGLINE BUCKET OR 3/4 C.Y CAPACITY CLAMSHELL BUCKET # 9 I DAY @ PER DAY (8 HOURS) $ 1 , 965 PER DAY FURNISHING LONG REACH EXCAVATOR 4 10 I DAY @ PER DAY (8 HOURS) $ No Bid PER DAY Proposal Package 9 of 11 ITEMIZED PROPOSAL FORM CONT. Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y CAPACITY BUCKET # 11 I DAY @ PER DAY (8 HOURS) $ 1 ,3 8 5 PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y CAPACITY BUCKET # 12 1 DAY @ PER DAY (8 HOURS) $ No Bid PER DAY FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y.CAPACITY BUCKET # 13 1 DAY @ PER DAY (8 HOURS) $ No Bid PER DAY FURNISHING 10 WHEEL DUMP TRUCK # 14 I DAY @ PER DAY (8 HOURS) $ 1 ,240 ()NOTE: THERE IS NO MOBILIZATION OR DEMOBILIZATION FRO THIS ITEM) PER DAY FURNISHING OFF ROAD ARTICULATED DUMP TRUCKS - # 15 1 DAY @ PER DAY (8 HOURS) $ 2,585 PER DAY Proposal Package 10 of 11 ITEMIZED PROPOSAL FORM CONT. AUTHORIZED SIGNATUREj„a Y Ai, PRINT NAME John D. HOcker TITLE Vice President DATE June 16, 2015 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Suffolk )ss.: On the 16thday of June in the year 2015 before me, the undersigned, personally appeared,,John i)_ HockPr ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. y,,,A,u-na,' A ccumaf5D OTARY PUBLIC REGINA L. CARTSELOS Notary Public-State of New York No 01CA6198908 Q14a''1,9,.in Suffolk County hAi Cr m.''S-.,)n Exnres January 5,2017 Proposal Package 11 of 11 r L Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Unit Bids Awarded under this Contract IS .:P NC,. r I / ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y CAPACITY # 1 DRAGLINE BUCKET&5/8 C.Y CAPACITY CLAMSHELL BUCKET 3,070 1 DAY @ THREE THOUSAND SEVENTY DOLLARS $ PER DAY (8 HOURS PER DAY FURNISHING TOW BOAT 1,320 # 2 1 DAY @ ONE THOUSAND THREE HUNDRED TWENTY DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. 1,175 # 4 1 DAY @ ONE THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING EXCAVATOR WITH 1-1/2 C.Y CAPACITY BUCKET 1,545 # 8 1 DAY @ ONE THOUSAND FIVE HUNDRED FOURTY FIVE DOLLARS $ PER DAY (8 HOURS) PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.V.# 9 BUCKETAPACITY DRAGLINE 1,965 OR 3/4 C.Y.CAPACITY CLAMSHELL BUCKET . $ 1 DAY @ ONE THOUSAND NINE HUNDRED SIXTY FIVE DOLLARS PER DAY PER DAY (8 HOURS) FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y 11 385 # 11 CAPACITY BUCKET , O $ I DAY @ ONE THOUSAND THREE HUNDRED EIGHTY FIVE DOLLARS PER DAY PER DAY (8 HOURS) FURNISHING OFF ROAD ARTICULATED DUMP TRUCKS - 2,5$5 # 15 1 DAY @ TWO THOUSAND FIVE HUNDRED EIGHTY FIVE DOLLARS $ PER DAY (8 HOURS) PER DAY A-2 #12274 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 4th day of June, 2015. Principal Clerk Sworn to before me this q day of 015 LLCM, 111 LOIN,.. ,„ 5311't, ILSt11, O, 'I 1""If' I t' GHR'ISTINA VOLINStCI rnov 60:I-76� I el I , r,, ss- NOTARY PUULIC-STATE OF NEW YORK vn t\,t1'km\ 1':1t,r Wo. 01VO6105050 ,5 LL>.t:..1>r (rel I N Qtldiltied in Suffolk County ''' SEALED PROPOSALS ARE •.c,, HT AND REQUESTED FOR 11Ty Eofftrttlssloei Expiros Fobruary 28,2016 '! OLLOWING- 3111 NAME:"Furnish Constr- ; hent and Seniees in conn :i;•171ging and other Sen ices• L. i.•a n ot Southold" Definite specifications may be ob- tained at the Southold Town Clerks OT- liec beginning June 4,2015 PI ACF OF OPENINGS: I'WN OF SOUTHOLI) OWN CLERKS OFFICE 31195 11AIN ROAD \11UTHOLD,NY 11971 I)1TE OF OPENINGS: Line 18,2015 I IDIS OF OPENINGS: 7aN1 P11 ('ONTACf PERSON: 'rchael Collins.P.E. ran of Southold.631-765-1560 ENDORS :NEST SUBMIT I;I.), \'EALID ENVELOPES i LEASE PRINT ON THE FACE(31 ENVELOPE: 1) NAME & ADDRESS OF BID- DER 2)BID NA11E It is the bidders responsihdm to read the attached Bid Specilications.Instruc- tions to Bidders,and General Conditions, sshich outline bidding rules ot the loon of Southold.Upon submission of bid,it is understood that the bidder has read.lulls understands and odl compl. 'a'th GENERAL CONDI I IONS and speertr- cation requirements the Toon of Southold requires ;hat - this• .toue t' :r'her.t',,,d�n.e .:.-1 landlr-- - - - - - it be lilted out compl.cl) PL•r.:do not ' _- renture am pages tram 1111,1,111 parka.. :11111111:11,i;;cops ot ih,hid:hewn.r,'k¢ , ._. ._ _ - • ' - _ 1h.. lu.,n of Southold s,,i.ontcs:11111 - _ __- __ eneourroes nunonts ;md 1,111%-11-1141-4,41 businesses to par lr.io,d, m i11, bl,'-'dhl 1'r.': s ELI/Mil-I'IIA r\I.VtI LF -d �I'' SOl'TIIOLD'IOW\CLF12 n - 17'71-1TR1 - —_- TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560/ FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 4, 2015 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD June 18,2015 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME&ADDRESS OF BIDDER 2) BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK * * PLEASE PUBLISH ON JUNE 4,2015 AND FORWARD ONE (1)AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE,TOWN CLERK,TOWN HALL, PO BOX 1179, SOUTHOLD,NY 11971. w Copies to the following: The Suffolk Times Town Board Members Town Attorney Dodge Reports Brown's Letters BurreIle's Information Services Town Clerk's Bulletin Board Engineer r"° RESOLUTION 2015-185 �°' ADOPTED DOC ID: 10563 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2015-185 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 10,2015: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the following items for 2015: Armor Stone Rip-rap Filter Cloth Heavy Equipment with Operator Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell s B ID F it i41k4L FOR FURNISHING CONSTRUCTION EQUIPMENT AND SERVICES IN CONNECTION WITH DREDGING AND OTHER SERVICES WITHIN THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK June 18, 2015 e4sufF 44,0. c , y\ ' 2 , TOWN OF SOUTHOLD Scott A. ]Russell, Supervisor HIGHWAY DEPARTMENT Vincent Orlando, Highway Superintendent ENGINEERING DEPARTMENT Michael Collins, Town Engineer I. TABLE OF CONTENTS TOWN OF SOUTHOLD Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold Title Page Table of Contents Invitation to Bid Instructions to Bidders IB-1 thru IB-3 NYS Wage Rates Standard Insurance Requirements SIR 1 thru SIR 2 Proposal Form Package Proposal Form Package Pages 1 thru 11 Contract Agreement A-1 thru A-3 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 /FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" Definite specifications may be obtained at the Southold Town Clerk's Office beginning June 4,2015 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD June 18,2015 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins,P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2)BID NAME It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Rejection of Bids 4. Bidders Responsibility 5. Bid Reservations 6. Non-Collusive Statement 7. Addenda and Interpretations 8. Method of Award 9. Single Price Bid Analysis 10. Municipal Exempt Status 11. Labor Law 12. Wage Rates 13. Insurance Required by the Town of Southold 14. Quantities 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided to Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold,New York 11971, no later than 2:00 PM prevailing time on June 18, 2015,at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item,the unit price,as expressed in words,shall govern. IB - 1 INSTRUCTIONS TO BIDDERS 3. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part, to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 4. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception. (b) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to provide the equipment specified in the proposal form including all other expenses incidental thereto. 5. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 6. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 7. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Bidding Requirements must be addressed in writing to the Town Engineering Department of Southold - 53095 Route 25, P.O. Box 1179, Southold, New York 11971 or fax 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. IB -2 INSTRUCTIONS TO BIDDERS 8. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest,taking into consideration the reliability of the bidder, condition of the equipment, or labor to be furnished,and conformity with the specifications. 9.SINGLE PRICE BID ANALYSIS In the event a single bid is received,the Town will conduct a price analysis of the bid price prior to the award of the contract. 10.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 11. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended,of the State of New York. Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 12. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records,subscribed and affirmed as true under the penalties of perjury. 13. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance,as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a)Comprehensive Automobile Policy (b)Comprehensive General Liability (c)Excess/Umbrella Insurance (d)Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (0 Disability Insurance and Unemployment Insurance 14. QUANTITIES Any quantities set forth in the bid specifications are approximations only.No guarantee is made for any quantities stated. Payment shall be on the basis of actual time of work supplied by each piece of equipment or the actual work done at the unit prices quoted. IB -3 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the owner and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law.Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than$2,000,000(two million dollars) on account of all accidents(general aggregate). OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations SIR - 1 STANDARD INSURANCE REQUIREMENTS AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract,a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate Description of operations/locations/etc.Box must include the statement: "THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED" CERTIFICATE HOLDER SHALL BE LISTED AS: TOWN OF SOUTHOLD 53095 ROUTE 25,P.O. BOX 1179 SOUTHOLD,NY 11971 2. if the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR-2 Town of Southold "Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold" PROPOSAL PACKAGE BID OPENS: June 18, 2015 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! All line items on the Proposal Form must be filled in! All lines must have an indication of the Bidder's Response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 11 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ As per specifications,the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured,to be on file in the Purchasing Department. You will be given ten(10)business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. Proposal Package 2 of 11 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5%of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: • Proposal Package 3 of 11 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different- MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different- MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 11 • VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 11 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of'complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. • SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D.Number Proposal Package 6 of 11 THE PROPOSAL FORM Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals who are working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Contractors Signature (for all addenda) Proposal Package 7 of 11 IMPORTANT NOTICE TO ALL BIDDERS READ BEFORE FILLING OUT PROPOSAL The undersigned further understands and agrees that he is to furnish all labor,equipment, supplies and other facilities and things necessary and/or required for the execution and completion of Furnishing Construction Equipment and Services within the Town of Southold in strict accordance with the Bid Documents for the unit cost price as bid in the price schedule. UNIT PRICES The Contract shall be based on the unit prices as herein stated. Should the amount of work required by the issuance of a Town Purchase Order be increased or decreased, the undersigned accepts the unit price bid as full compensation for furnishing all labor, supplies, equipment and other related items necessary for the proper functionality of the equipment being Furnished. Al quoted figures shall include the Contractor's overhead and profit. Estimated quantities of work are not provided. Comparison of bids will be based on unit price bid items which will be used to procure equipment for individual Town Projects. Final payment for all work will be based on actual hours worked as determined by the Town Engineering Department. These unit prices shall remain in effect for a period of Two (2) years from the date of contract with the option of a one (1) year extension upon mutual agreement of both the Town and the Contractor. PAYMENT FOR MOBILIZATION AND DEMOBILIZATION The Contractor shall be entitled to payment for mobilization and demobilization at the following rates: ALL ITEMS Mobilization: One-quarter(1/4)day's unit price bid daily rate. Demobilization: One-quarter(1/4)day's unit price bid daily rate. Proposal Package 8 of 11 ITEMIZED PROPOSAL FORM Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING BARGE MOUNTED 15 TON CRANE WITH 5/8 C.Y CAPACITY DRAGLINE BUCKET&5/8 C.Y CAPACITY CLAMSHELL BUCKET # 1 I DAY @ PER DAY (8 HOURS) $ PER DAY FURNISHING TOW BOAT # 2 I DAY @ PER DAY (8 HOURS) PER DAY FURNISHING 15 TON CRAWLER CRANE WITH 5/8 C.Y CAPACITY DRAGLINE BUCKET OR 5/8 C.Y CAPACITY CLAMSHELL BUCKET # 3 I DAY @ PER DAY (8 HOURS) $ PER DAY FURNISHING TRACK LOADER WITH BUCKET - 9,000 LBS. # 4 1 DAY @ PER DAY (8 HOURS) $ PER DAY FURNISHING DOZER WITH BLADE - 13,000 LBS. # 5 1 DAY @ PER DAY (8 HOURS) PER DAY FURNISHING FRONT END WHEEL LOADER WITI-I 2-1/2 C.Y.CAPACITY BUCKET # 6 1 DAY @ PER DAY (8 HOURS) PER DAY FURNISHING FRONT END WHEEL LOADER WITH 4 C.Y.CAPACITY BUCKET # 7 I DAY @ PER DAY (8 HOURS) PER DAY FURNISHING EXCAVATOR WITH I-]/2 C.Y.CAPACITY BUCKET # 8 1 DAY @ PER DAY (8 HOURS) PER DAY FURNISHING 20 TON CRAWLER CRANE WITH 3/4 C.Y CAPACITY DRAGLINE BUCKET OR 3/4 C.Y.CAPACITY CLAMSHELL BUCKET # 9 I DAY @ PER DAY (8 HOURS) $ PER DAY FURNISHING LONG REACH EXCAVATOR # 10 I DAY @ PER DAY (8 HOURS) PER DAY Proposal Package 9 of 11 ITEMIZED PROPOSAL FORM CONT. Furnish Construction Equipment and Services in connection with Dredging and other Services within the Town of Southold ITEM# ITEM DESCRIPTION WITH UNIT BID PRICE WRITTEN IN WORDS UNIT BID PRICE FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 2 C.Y. CAPACITY BUCKET # 1I 1 DAY @ PER DAY (8 HOURS) $ PER DAY FURNISHING CRAWLER MOUNTED FRONT END LOADER WITH 3 C.Y CAPACITY BUCKET # 12 1 DAY @ PER DAY (8 HOURS) $ PER DAY FURNISHING FRONT END WHEEL LOADER WITH 6 C.Y.CAPACITY BUCKET # 13 1 DAY r@ PER DAY (8 HOURS) $ PER DAY FURNISHING 10 WHEEL DUMP TRUCK # 14 1 DAY @ PER DAY (8 HOURS) $ ()NOTE: THERE IS NO MOBILIZATION OR DEMOBILIZATION FRO THIS ITEM) PER DAY FURNISHING OFF ROAD ARTICULATED DUMP TRUCKS - # 15 1 DAY @ PER DAY (8 HOURS) $ PER DAY Proposal Package 10 of 11 ITEMIZED PROPOSAL FORM CONT. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2014 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 11 of 11 CONTRACT AGREEMENT THIS AGREEMENT made this day of AD Two Thousand and Fifteen by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party of the second part(hereinafter called Contractor). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor for furnish all the equipment, tools, and implements required and will well and faithfully perform and complete the work as designated by the Town Engineering Department by "Furnishing Construction Equipment and Services in Connection with Dredging and other Services within the Town of Southold" AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and (FILL IN FIRM NAME) , the project engineers, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Equipment Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as"Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents,the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Neither Owner nor Contractor shall, without the prior written consent of the other, assign . or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid Dollars Written in Words $ Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A.Russell, Supervisor TITLE BY William Duffy,Town Attorney (CORPORATE SEAL) A-2 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2015 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2015 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted,executed the instrument. NOTARY PUBLIC A-3