6/8/1989 BOARD OF HEALTH Minutes

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i EA DO , THOMAS & E3AILEY. P.C. ATTORNEYS AT LAW ` CORNER OF BEARSE*S WAY AND BASSETT LANE POST OFFICE BOX 978 i �"1YANNI ,MASS HUSETTS f PH J.RERDON ILL jW11AM W.THOMAS TELEPHONE BRADL EY J.BAILEY C5M 771 6" June 7, 1989 L. L.IE-ANN MORE FAX ffP=790-1334 Elias McQuaid Health Agent Town of Mashpee P. 0. Box 110 Mashpee, ILIA 0269 Payment Bond/ Contract for Landfill and Transfer Station Operation DearElias: I have reviewed the Contract fo r the operation of the landf ill and transfer station. Section 00700 of the General Conditions in Sub-section 3 requires a payment bond in an amount not less than 100 of the contract price as security for payment f all persons performing labor under the contract and furnishing materials in connection with the contract. The form of the performance bond is set forth in Section 00610. Sub-section 34 of Section 00700 of the General Conditions, specifically provides that the contractor may not assign the whole or any part of the contract without giving written notice. Sub-section 37 provides that the contractor may utilize sub-contractors, but may not do so without prior written approval of the owner. it is my understanding from my conversation with you that Mr. IiMagglo was the successful bidder and that he krill be operating the land 111/t ran sfer station himself with his own employees and he will not be assigning any part of the contract or sub-contracting any of the work to other parties. It is my further understanding from you that Mr. DiMaggio has executed a writing specifically waiving any right he may otherwise have to assignment or sub-contracting. I also understand from you that Mr. DiMaggio will not be purchasing materials from any person. It is my opinion that the Board of Health has the right to modify the contract by voting to waive the requirement for the furnishing of surety on the performance bond call for in Section 00610. Prior to the Board of Health voting to waive the requirement for surety., the Board should insure itself that the written waiver has been received by it from Mr, DiMaggio, that Mr, DiMaggio will be personally performing the work, and that no materials will be purchased from third parties for use in connection with the contract.