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Peconic Community Center ADA Door
RESOLUTION 2019-196 ADOPTED DOC ID: 14980 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-196 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2019: Resolved that the Town Board of the Town of Southold hereby accepts the bid of Carter- Melence in the amount of $18,644.00 for the construction of an ADA-compliant access door at the Peconic Community Center, all in accordance with the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell TOWN OF SOUTHOLD PECONIC COMMUNITY CENTER ADA ACCESS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK RECEIVED MAR 28 2019 Southold Town Cleric F@ F . W7 Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold, New York 11971 Februag 7, 2019 (631) 765-1560 m 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: "PECONIC COMMUNITY CENTER ADA ACCESS" Definite specifications may be obtained at the Southold Town Clerk's Office beginning February 7, 2019 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD February 21, 2019 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: James Richter, R.A. 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 BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. 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. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 2:OOPM on February 12, 2019, at the site located at 1170 Peconic Lane in Peconic,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Y TABLE OF CONTENTS TOWN OF SOUTHOLD PECONIC COMMUNITY CENTER ADA ACCESS Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru IB-6 -Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1-2 Contract Drawings Y INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form, Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8.1 Faithful Pe-f,-.Y,anee 1 h f,;n4oe, 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and'Interpretatioiis` 12. Method of Award 13. _` Singl'e-Price Bid Analysis 44: Municipal Exempt Status =' i 15: ',Labor Law- 46. aw,16. : Wage Rates s s -'1E7.,-• 'Insurance Required by thelown-of Southold s Itl . „ Quantities ' �• 1,., IB - 1 Y INSTRUCTIONS TO,BIDDERS L RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Peconic Community Center ADA Access at 1170 Peconic Lane in Peconic, 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 P.M. prevailing time on Thursday, February 21, 2019, 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, with a total or gross sum for which the bid is made. 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. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent(5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained dappreval of the PerfeFinanee Bond ana until the completion of ten percent(10%)of the work under the Contract. IB -2 w INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and bonds-required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications•of bidders, giving evidence of sufficient 'facilities;' equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and 'returned with 'the 'bid submission. (b) Information contained in any statement of financial ability shall be not more than thirt' days old at the time of submission. -(c)• The°Town reserves the 'right"to make such investigation as it may deem`,necessary or advisable to determine'any bidder's ability to do the work, and the-bidder shall`furriisli'to the Town, on'request, all, data and'information pertinent thereto. The Town`reserves the'''right to "reject any bid''if such investigation fails td satisfy the Town that-the bidder is ful'ly'qualified`to do the work. Fm' ancialinstability'of a bidder may be cause for non-award: ` 5. REJECTION OF BIDS (a)`Tlie TOWN BOARD reserves'the'right to reject any-bid' if the evidence submitted'irt the qual`ifwdiioiis`statement or"an irivesti'gation of such'bidder' fails to satisfy-th&IOWN'BOARD that such bidders 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. T y. `(b)The,TOWN BOARD reserves the right to reject any and all bids, in whole of in part;t-6 waive `any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable lwthe Town after all bids have been examined and/or checked.' '6."-BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed 'improvement and 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 because of estimates or quantities, character, location or other conditions surrounding the same. ' Special attention is called to-the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b)No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the IB - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the,materials, labor, ,and equipment;required to complete the proposed,job in accordance with the,Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done,,,and for.the bid prices,,must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to bally�complete the work in strict compliance with the Contract Documents. (e):The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be,encountered in the execution of the work under,this Contract, as'a result,of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation,,or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful,bidder is warned that,the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal,Form, General ,Conditions, Plans, Specifications and instructions of the Engineer onhis duly authorized representative will be rigidly enforced. The sueeessful bidder shall be required to execute a Perfi)rmanee Bond equal to one hundred o _i_/suret�, eoffipaff vAth eun A fa�#g or- better from A.M. Best & Go. and aeeeptablp to Oi,A,ner; or bonds scoured by eellateral; or seeur4ties approved by the Owner. The Peifermanee Bond shall be vaitten so as to remain in full faree and effeet as a.mainterianee bond for a period of not less than one(1) after the date of Fina . + f t 1 vi not av✓✓ ..aa..ua vaav\i� ,�v�a.l u1Lvl ulv uLLLv Vl llllul UVa_rV ULiL11VL.�1-L1iL—YVpli� 'after the date of notioe of" shall fi3rmfeit to the 1 The sue�eessful upon failufe to exceute—anddeiiiVer the bends required"4thia ten (10) days- 7 7 as liquidated damages for-sueh faili the seeur�ty depositeo with his 7 , demand, and he will be liable for and he agrees to pay to t&Amer on shall subsequefAly.he,fre let. iReltuding the eest of sueh re letting less the araeuRt of side4 4epos No plea of mistake in sueh aceepted bid shall be available to the bidder Ifor r-eeovefypf Vpe.-it Vl a to aff etice aeeeptled bid ut-4ess said mistake _ be _ _ b d,,,.urneiAar.,evidence aeoeptable-to the Toter. After approval of the. befid S —Alq.d e�Eeeution of the Gontraet and after-ten (10) pereent of the viofk bar bean eni 1 + .-1 +1, l,'.-1 ity +1, bid '11 b returned. ......., ✓vvaa vvaaariv Lvu, Li,.. V1U.)\.�.u11C 113 - 4 INSTRUCTIONS TO BIDDERS 9. 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. 10.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. 11. ADDENDA AND INTERPRETATIONS -Every request for information or interpietation of the Contract Documents or Drawings,must be addressed 'in' writing to the Town''Engineering Department 'of Southold 53095 Main 'Road Southold, New York 11971 (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. 12. 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, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. 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. 14. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. 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. IB - 5 INSTRUCTIONS TO BIDDERS 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. 16. 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. 17. 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 (f) Disability Insurance and Unemployment Insurance, 18. 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 quantities supplied or the actual work done at the unit prices quoted. IB - 6 ` 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/Consul'tant, 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 riot 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 Town and the contractor from claims under worker's compensation acts aiid-amendments thereto and from -any other'-claims for-`propertyjdamage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor Ior by any other party'directly or indirectly employed`by the contractor. Copy"of Certificate to be provided to'fhe 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 rind 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 $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STANDARD INSURANCE REQUIREMENTS- 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 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 CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single,limit, each occurrence,_$1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED. The contractor shall furnish the Town with the original,insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or nor,-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS ADe's"cri"tioerat'ons locations/etc:`ox inush>;uiclude'tlie statement:'�"' T '; '=' 3:» - tib.;,-.,=•�,c;.. ..•t.+: f_ _•,` . - — 'N::j.•-`.�,� �5.� art-Si:i?���s•.�... "'i-'J: �;A:t;.'>'y`y,-._���4��i. t�;Y`." .F"� 41H.' ,x ,�-.. � -'i{3•. � ���:_� '�rrL. '}'Cf':�T{,`.tT"4._:,`.ta,'..= 41..fr 8".4 ..i6aY_['.:. �SY'��,.O i .�.,�..�.. - _ _.�__..�i=� :i<$=...� cf�:.-:.,?s_e .mow - .+��•..4bz,}<ta -•-:'•{^s,�.. + •v.,, - tr�* �..�<�^�._ •;;. ..f..x _ _ ,`.`����.,<<�s''r•�, - 7f' ;THETOINNOFhSOUTHOLD.IS,LISTED+AS ADDITIONALtINS.URED : ?�; ';m i; `.r�- '=j•7=.'- "-c,`.�:t'?"°�_�._h• ';• '} �2' <a '�f~ _ �i t' W',-tom�'��.'-gt'� - _�:.. _ ;,CE_RTIFICATE HOLDER,SI�AIL„BE�LISTED�AS._, �"< '= -� - -' - r{.� ..E3'.' - ;i;4iy - .!'.ri-•,t:.�r }.vi: '.'I«�'Y - _ 3'<, cy� !k� ¢�i r..¢ - - _ :� ✓?.r �� rya•. `k�'`fi, e k�:.. �..3. ,..k - .2;-::r. i�•'. - - �-z ����4 �,SOU�4'�IIOL�D'.NI'.,1=1971. •,-.-�' ..4 <: a �,,. ; ,'- f'•.+ ,f' - �=tib �:VS� �=fa.a:: `..ar_.s< y:Y..-.i+"..=:>amt.,,k:a`.:t7.:i>.._.�.s...ns>�a:>.'.,.��=_..,....s,.8...__3}'�_....`:.:.L._=_-...�._�.3_i`.���.'.w..w:.::W..�%'t,.:::,�'":..Y. 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- 3 1 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials' 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting, Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary Offiee'&Toilet 12. Proper Method of Work and Prbper'Materials ' 13. Inspection 14. Waiver 15. Water and Electric'Power` 16'. 'Machinery and Egiuipirient 17. Maintenance` ; 18. Schedule of Operations 19. Right to Use Work 20. 'Notice of Warning ' 21•. Warning Signs 22: Accident Prevention-' r 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection'of Land"Markers,Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and;quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ' 1 ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and:assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and,the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, ,General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, , and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORD: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC -2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be 'submitted in ample time so as,to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer'to consider the samples submitted and, if necessary,to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and'other pertinent data. Unless otherwise specified, sampl'es'shall be in duplicate and of adequate size to show quality;type, color, range and finish•'and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract,to require any and all bidders to state the materials upon which they based their bid. Where any materials•are•specified•by'name or trade name, or-by-catalog number of a company or companies,;the Contractor shall•furnish the article mentioned unless approval of the Engineer is 'o'btaine'd, in`•writing'for a-•substitution:, Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for suchipermission and state credit or-extra-involved.-He'shall,also p'rovide,suppotting data and samples for Enginee'r's consideration. - Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned-as-directed by the manufacturer and including the necessary preparation to properly install the work." Where reference is made to manufacturer's directions, the Contraetor'shall submit such directions.to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first- class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work,without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required-by the;Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings-or schedules; or,(b) deviations from Plans and Specifications unless the Contractor, at the time of submission.of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal:. All work in,connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway,Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The .Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of-the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate.of occupancy, or,a revised certificate of occupancy is-required under state and/or local law. , The Owner shall be responsible for obtaining the building permit and permits).pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to,obtain,the same pursuant to other provisions of this document: (1) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) , (2) Town Division of Environmental Protection (3) Suffolk County Farmland Committee (4) U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC -4 GENERAL CONDITIONS coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract•project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project; and the,issuance of the certificate,of occupancy, the owner shall in that event; have the option to�exercise "The owners right to'stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground-structures of a like nature either within•or without the limits of the highway, shall follow all the provisions; as they apply, of the Highway Law As per•Town-Code Standard's)with all sub:`equbht changes;additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town HighwayDepartrrient'road=opening permit. Obtaining' of-the'i permit and subsequent release/approvaP;'shall' be the responsibility`•of.the Contractor'. g` be-Wffi6 option of the Highway DepaFtment. T.2 Suffolk County: All permits required for opening County roads`and•making connections with County drains will be obtained by the Owner. A copy of the permit,'which must be kept on'the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County 'road or make any connection to any County drain, until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied,'toithe Contractor. The Contractor will'not'be permitted to open any County road or make any connection to any County drain until he has been supplied with this-permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance,of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished,in amounts and manner.as required by the State of New York. The contingent,protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with.respect to all-operations through highway permits by permittee or by anyone acting,by, through or for the permittee, including omissions and supervisory acts,of the State", in the,amount of personal injury(including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor.will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications,furnished to the Contractor must be kept constantly on the,site. Anything shown on the Plans and not mentioned in the Specifications or mentioned; in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of.the work according_to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown,on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction,both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 c GENERAL CONDITIONS 9. CUTTING,•PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save-with the consent of the Engineer. 10: ERRORS,OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings; Specifications or other documents, the Contractor shall,within ten days from receiving such Drawings, Specifications or documents, notify',the Engineer in writing of such errors or omissions. *In the' event of .the -Contractor's failing to give'such-notice;he will be held responsible for the results'of any,such errors or omissions and the cost of,rectifying the same. I., ' b)ff,:in the opinion of the-,Contractor; any'work is shown on Drawings;;or details,,or'is specified•in such 'ai mariner,as will make `it'impossible to produce a first-c'l'ass piece-of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer itheI same'to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references-to the,Engineer;'no'excuse will thereafter be entertaine&for'failure to'carry out the work in satisfactory'manner as.directed. c) Should a conflict,occur in or between the Drawings and Specifications arid/or'existing conditions, the Contractor shall-'be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY-OFFS TOILET. Th G„_, aetor shall provide � �oo �, ,;,o, �„_,use Y e t�ble, Fe de. The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet, the vault shall be disinfected, filled and all evidence of the toilet removed from ihe.site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The,Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate,of progress, he. may order the.Contractor to increase their efficiency or to improve their character, and the.failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to, revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or.accept any portion of the work, nor to issue instruction contrary..to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter., Any advice, which the Inspector may, give the Contractor;shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment,of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in.good,condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted.by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or,Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment,for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the�work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other -nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments,, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate; any portion of the work shall, in the opinion of the Owner,require repairing,replacing, or rebuilding,the Contractor shall,start-such repairs within five (5) days after the receipt of notice from the•Owner, and if the, Contractor shall°fail,or neglect to start such repairs within the said•five (5) days,'the Owner,may employ-such other person-or persons as they deem proper to make such repairs and pay the expense thereof outlof any suni,retained by 11 em, provided nothing-herein-contained shall limit the liability,of the 'Contractor or this Surety to-the Owner for nonperformance'of th6?C6ntract&s -obligations at any time. �} 18. SCHEDULE ,OF, OPERATIONS: .:Within 5- days after the,'signing`of the Contract, the Contractor-shall submit a proposed-program of'operations, showing clearly how he, proposes'to conduct;the work 1 so•as:to bring about=the completion of'his work within the time lhi it specified: This program shall-'outline the proposed-sequence of operations; the rates of progress and the dates when•his-work will=be'sufficiently advanced`to permit the installation of work under this-Contract'. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the rEngineer of the whole or any part of the material furnished or work performed under the Contract.' 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons 'supplying labor or materials for-the-work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work'or any part thereof with such diligence as will'insure its completion within,the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the,Contractor, at the address given in the,Contract, a Notice of Warning, and in the event the Contractor fails to carnply with said Notice of Warning within five (5)days from receipt thereof, the Owner shall have the'right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights,which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL, CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be,observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed,remedial action taken. The Owner reserves the right to remedy any-neglect on the part of Contractor as regards the protection of the work which may come to its attention, after,24 hours'notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money. due�the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor.from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good•all,losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any.and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished--under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in.the,meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will;be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any, damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All-basins, manholes and pipe as constructed shall-be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument'marking a point of public or private survey is encountered or brought to view by excavation, the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by'the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully"preserved and-the greatest care exercised to prevent injury to'or disturbance of position of the same: The unit price of all items shall include the cost of restoring to its former condition any sidewalks'or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for stb'rage, transportation'or'accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original-condition. 27:'PROTECTION OF UTILITIES: The-Contractor shall,familiarize himself with the existence sof structti es,of�ftiur`ucipal,aiid other public service corporations on or adjoining!the site�of the wo'r'k, -and give,reasoinable'opportunity to and'cooperation withAlie-owners of these utilities in the work of reconstructing'or-altering�them. 'Such reconstruction and'al'teratibn shall'be so,conducted`as'to delay ofinterfere as little as practicable with the Work,of•the Contractor. Any additional,costof,various items of•work'becaiise of these,utilities shall,be-included in the price bid for these items. -The -Engineer shall direct'the public utility corporations'to shift or remove those utility structures that maybe necessary!to permit the Contractor to carry out the work in'accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part of a'st'ructu're owned by a public'utility corporation without the approval of the-Engineer. The Contractor shall cooperate with the-public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right=of--way, to make it'possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within,five days after receipt from the Engineer of notice to begin work, the Contractor will,furnish written notice of names of all subcontractors to be employed on the project and the general items of work,to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to, be used on the project. The Owner may disapprove for good cause,any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five-(5),days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the.Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground,nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing -shall have been given,at least seventy-two hours in advance to the person, corporation or municipality_engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such,street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two,hundred feet of such discharge, any pipe of any other person, corporation or municipality, conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however,that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using,explosives if the notices prescribed herein are,given as soon as reasonably possible, and to discharge,explosives,to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid.danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3. Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 11. Laws and'Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments.. 16. Acceptance of Final,Payment-Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different '21. Contractor's Titl6 to Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations,of Contractor ` 25. Patent Rights ' ' 26. Authority of the Engineer 27.. Changes and Alterations, 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law I +, 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting,Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax CC - 1 CONDITIONS OF CONTRACT 3 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate 'reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of.Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves-changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person,,firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of,the person, firm or corporation for whom intended, or his,their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed, Required, Approved Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered"; "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and"other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC -2 ` CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and,agreed that the'Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and'without notice to the Sureties, require the performance of such extra work or changes• in the work as it may find necessary or�desirable. The amount of compensation to be paid to-the Contractor for any extra work, as so ordered, shall be determined,as`follows: 1)By such applicable unit prices, if any, as set forth in the Contract-;,or 2),If no such unit'prices are set fortli, 'then by,unit price or by'a lump sum mutually'agreed upon by'the Owner and the Contractor; or 3)If no such unit prices a"re so set forth'and if the, iarties bannoi agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Com'en"satiori!Insurance'_' a oll taxes.re' wired b law pp , p p , p Yr' q Y` rental for plant and equipment used (excluding small tools) to which total cost will be added j twenty'(20) percent as full compensation 'for all other items'of profit; costs' and expenses, including administration;overhead, superintendence; insurance;insurance other than Workmen's Compensation Insurance, materials used,-in temporaryr st'ructur'es,• allowances made by the IC ohfractdr to''subcontractors,= ' and the use of small tools. } 4. TIME OF ESSENCE INASMUCH AS,THE PROVISIONS OF THIS CONTRACT RELATING'TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF 'A .PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the =entire contract work shall be FORTY-FIVE (45) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to_suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of,One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 — Time.of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. ,8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but,not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor,shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 100. CONTRACT CT SIECLTJTV shall. f„,mish ., D,. � `l.1/ The V V V. ll ..F , i , equal io on hundred per-eent (1001%) of the amount of the bid as seeufity fer the faithful pei�fennaaee of4he Ge aet, and f the pa3fno„t all—pot:sons pei:fbnning labor or amishing-materials rin eop,ffieefion Aith this Gonir-aet. The Perfennanee -Bond shall be viTitten so as to remain in full. for-ee and eff-eet as a maintenanee bend fer- a petied of net less than ene (1) year- after-the date-of V V l./LN...V V of t..., dPvnc�y the Engiiiccr- CC -4 CONDITIONS OF CONTRACT (b) Additiaiial or Substitute Bend! if at any time the OVMer-shall be or-beeeffle dissatisfiedA any stffety or sureties, or-if fer- afly other reason sueh bond shall ecase to be adequate security to the Oymer-, the Gentraetor shall within five (5) days after- natiee from the Ovffler- to do s-e-, substitwe an aceeptable bond in sueh fafm and sum and signed by such other stffety as may-be satisfaetoryto the OAmef. The p-mim- —sueh bonds shall be,n4a�le until the new s4ety shall have been qualified. 11. LAWS AND ORDINANCES In the-execution of the Contract, the-Contractor shall comply,and obey all federal, state, county and' local laws, ordinances, codes and,regulations,-relating to the performance of the lContract, including'bti not limited to, labor employed thereon, materials supplied;%obstructing'streets and highways, maintaining signals, storing, handling and use of explosives;arid-all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor while engaged inrekecuting,the work undenthe Contract. As a condition'of the'Contract, the Contractor shall and does hereby agree-to comply,with all requirements of the labor laws of the State of=New York. ' The,Contractor'shallcomply with the,provisions of Sections 29.1•- 299'of--the'Ekecutive-,L•aw and Civil Rights Law, shall furnish all information and report`s deemed,necessary by'the State Commission-for Human Rights, the Attorney General and-the:Indi strial:Cbininissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. _ t The Contract may be forthwith cancelled', terminated,or suspended, in-'whole or in part, by the contracting agency upon the basis ofa finding made`by the State=Corrirriission-for HumanRights that the Contractor,has not complied with these"laws. The Contractor hereby expressly agrees to,comply with all the provisions'of-the Labor Law'and any and all amendments thereto, insofar as the same are applicable?to this'Contract. •The tabor Law, as amended, provides that no laborer, workman or,mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do lhe whole or-a-part of-the work contemplated by this Contract, shall be permitted or required to work more than eight(8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state-where such work is tw be done and each laborer, workman or'mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8)hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately,prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when,such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner,the Contractor shall,furnish a list of names and addresses of all his,subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable,by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932,provides-that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account of a contract,for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require-the Contractor and each and every subcontractor to file a certified statement in writing, in ;satisfactory form, certifying to the amounts then due,and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for•any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole.amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of,labor performed and may withhold the amount so deducted for the benefit of the laborers,for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed.by any contractor or ,subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended,provides the penalty for making of a false oath or verification. Section 220-D of the,Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county,town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing,or contracting to do the whole or part of the work contemplated by the CC -6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00)'and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum,nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge of control to'any person or corporation for work done upon any contract,,on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16)years and no person currently serving sentence in,a penal or correctional-institution shall be employed to 'perfo'rrii any work on the project-under this Contract., 'No person whose age or physical condition- is such as to'make his employment dangerous to,hi§&althlor e safety or to thhealth or safety of others, shall be employed to perform any work on-this project; provided; however, that such 'restrictions shall'not'operate against the employment of physically handicapped persons, otherwise employable,'where`each'person may be safely assigned to work which they can ably perform. -13. NON=DISCRIMINATION There shall.be no-discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. 'Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC-7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate.of the .work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done, the Owner will pay or cause,to be paid to the Contractor;the amount estimated by the Engineer as due him less five (5)percent. The making of any such.estimate or payment made.thereon shall not be taken or construed as an acceptance,by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly,estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will.faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the .work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and,requirements herein;contained. Upon final settlement, according to the conditions herein specified and not until,such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive_evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) 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 record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claim's for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties'from any obligations under flus Contract Aoir t-o no,.f4,;,.Y,,ane Bei 17. CONSTRUCTION REPORTS The'Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan df operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind"the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by'others: The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. =• ' = 'The'Contractor shall furnish-the Engineer with periodic estimates for partial 'payments as required elsewhere in the Contract'Documents, and in addition thereto will furnish'the Engineer with a detailed estimate'for final payment.' Prior to being eligible to-receive the final payment under this Contract,`the Contractor'shall furnish the Engineer with substantial proof that all bill's for services rendered' and,materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies 'as'may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All,material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly'all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor,or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination.and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has,passed the required inspection and, tests must be furnished to the Engineer prior to_the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified,by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC- 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one'who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll'. The Contractor's superintendent and'foreinan must be able to read and°speak the English language. 23. PROTECTION OF WORK,PERSONS'AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which iriayt serve'thearea and request their assistance in predetermining the location and depth of various pipes, conduits, manholes; and other underground'facilities. The safety provisions of applicable'laws; building 'and."•cons"tructioii codes�shall be• observed. 'Machinery, equipment'and�all hazards' shall; be guarded-or'-eliminated" in 'accordance with the-safety`.provisioins of`tlie`'Manual-of'Accident Preventiori-in`ConAnktion published bythe Associ'ated'General Contractors'of Ariierica,'to'the extent'thaf"such-•provisions-are not in contravention'•of applicable law. The Contractor'shall furnish entirely at his own expense any and all additional safety measures deemed"necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent propei=ty'rfrom=lariy`=damage •and''shall replace'or make good'any'-'si.ich damage;• loss or,injury, uriless "such be caused directly,by errors'c'on'tained•in!the Cont`r'act Doc'uments;'or-by the'Owner Jor its duly authorized representatives. = The Contractor shall provide and maintain such watchmen, barriers, lights, flares •and••other signals at his own expense,,as will effectively prevent any accident in consequence of his work -for•which the Owner might be liable. The Contractor shall be liable for all•injuries or damage caused by his'act or,*neglect, or that of his-employees.' The Contractor shall take particular care'to•avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals'or other visible devices maintained for the use of the,public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials; supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and cc- 11 CONDITIONS OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will,not injure any person or damage any property; and (d) That,he has carefully examined the Plans; Specifications and the.site of the work, and that from his own investigations;he,ha_s satisfied himself as to the nature and location of the work,the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the,general local conditions which may in any-way affect the work or its performance. 25—PATENT RIGHTS As part of his obligation hereunder.and without any additional compensation,the Contractor will pay for any patent fees or royalties required in respect to the work or any, par(thereof and will fully,indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights.,unless prior to his use in.the work a particular process or a product,.of q particular manufacturer he notifies the Engineer in writing,that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work,.the Contractor shall abide by all orders and directions and requirements of the Engineer,and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide.all other questions in connection with the work. Upon request,the Engineer shall confirm in writing any oral orders, directions,requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction.. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC- 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor, at,his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance•with -the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects, which may'appear within one year following,the final completion of the work. - Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract . 29. WEATHER CONDITIONS In the�event of temporary suspension of work or during inclement•weather or whenever'the Engineer shall"direct;''the Contractor, will;;and-will cause his subcontractors to protect carefully his°and-their work and'materials against'damage or injury from`the weather. If in the opinion of the;Engineer any work or material'shal'l have been damaged;or injured by reason.offailure on'the part-of,the Contractor or any of his subcontractors to protect his or their work, such work"and materials shall be removed and replaced at-the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold'from the Contractor so much of any approved payments due him as may, in the judgment of the Owner, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials'for-the work; (b) To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or .(c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments.to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the-Owner, without prejudice to any other rights or remedy it may have, may by seven(7) days'notice to the Contractor,terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, .as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to,the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated,the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed, the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORD OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days' notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event, the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be CC - 14 CONDITIONS OF CONTRACT obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor'agrees to be•responsible-for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and'satisfactoiy work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon.• It is fully understood by the Contractor that the inspection of the work shall not relieve'him of any'obligation:,to-do sound,and reliable work as herein prescribed, and that any omission to disapprove any work by,the Engineer at or before the time'of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OFSDEBRIS The Contractor expressly undertakes at his o",experise: (a)To store his apparatus;materials;supplies'and equipment in such orderly fashion at the site of the work as will not uiidul'yf'interfere •with'the progress 'of his work or the work,of any of his subcontractors; (b) To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work-shall.present'a neat, orderly and workmanlike appearance; (c) Before final payment hereunder to `remove all surplus material,temporary structures,plants of any description and debris of every nature'resulting from his operations. 35. SUITS OFLAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the contractor, his employees or agents of any subcontractor, and in case of any such action shall be brought against the Owner, the Contractor shall immediately take charge of and defend the same at his own cost and expense. 36. POWER OF THE•CONTRACTOR TO ACT IN AN EMERGENCY In case,of an emergency, which threatens loss or injury to property and/or safety of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be CC - 15 CONDITIONS OF CONTRACT submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or.damage, he shall act as instructed by the'Engine'er. ,The,amount.of reimbursement claimed by .the Contractor on account of any such action shall,be determined,in the manner provided herein for the-payment of extra work. 37. PROVISIONS REQUIRED BYLAW DEEMED INSERTED Each and every provision of law and clause required by law to be,inserted in,this,Contract shall be deemed to be,inserted herein and the Contract,shall,read and.be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either parry the Contract,shall be forthwith be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS ; The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be,binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 39. ,GENERAL.MUNICIPAL LAW CLAUSE . Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member, partner, director or officer of the .Bidder, should refuse, when called before a grand jury to testify concerning any transaction.or-contract had with the State, any political subdivision thereof, a public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to:sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm,,partnership, or corporation of which he is a member,partner, director or officer shall be disqualified from thereafter,selling to or submitting bids to or,receiving awards from or entering into any contracts with any municipal corporation or any public Department, agency or official thereof for goods,work or.services,for.a period,of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public Department, agency or official thereof on or after the first day of July, 1959, by such person, and by any firm,partnership or corporation of which he is a member, partner, director or officer may be cancelled-or terminated by the municipal:corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. CC - 16 CONDITIONS OF CONTRACT 40. GRADES,LINES,LEVELS AND SURVEYS -The Engineer shall furnish the 'Contractor with the basic horizontal and vertical controls from which the Contractor shall transfer and stake his lines,and grades and for their accuracy. The Engineer will establish the basic horizontal and vertical controls at the start of the work, and it shall be the responsibility of the Contractor�to safeguard such controls; and if, in the opinion of the Engineer, these controls are damaged or destroyed either in whole or in part, the Contractor shall pay the cost of having the damaged controls verified, checked, corrected or replaced. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all theinsurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and'saveahar ' s.th'e Town,.of_S'oiit' ' d from.aridaagainst-all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind -or nature,brought-or recovered against the-Town of Southold by reason-of any act or•ornission of the Contractor,his agent-or ernployees'in the performance of the'Contract. The','Contractor shall-not permit any,subcontractor-to'co'm'mence,any,work under,This contract until satisfactory-proof of carnage ofthe'required insurance'=has'been'posted with;dnd•approved by the Town. 42. FOREIGN-CONTRACTORS Foreign Contractors must comply with the'provisions-of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a'bid1f6t'the performance of this work. The certificate of the New York State Tax Commission'to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as used in this subdivision means in the case'of an individual,'a person who is a legal resident of another state or foreign countiy; and`in the case of a foreign corporation,'one organized under the laws of a state other than the•State of New York. 43. LIEN LAW Attention of all persons submitting bids is specifically called to-the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the CC - 17 CONDITIONS OF CONTRACT State or of any political subdivision thereof or of an.authority; to sign a waiver of;immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership,or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation,or any public department, agency, or official thereof, for goods, work or services, for a period of five (5) years.after such refusal, and any, and all contracts made with any municipal corporation or any public,department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to -the cancellation or termination shall.be paid. 45. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by.the New York State Legislature, amending Section 1115 (a) of the tax law, specifically. paragraphs, 15 and 16, political subdivisions, as described in subdivision (a)paragraph(L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on .tangible personal property within the limitations specified in tax law 1115 (a) (15),and(16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described;in subdivision(a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the terms real property, property and land are defined in the.real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or-real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property, property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure,building or-real property. Contractors entering into Contract with the Town of Southold shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus,Albany,New York, 12227. CC- 18 Town of Southold "Peconic Community Center ADA Access" PROPOSAL PACKAGE BID OPENS: February 21, 2019 REMINDER NOTE! !!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes and will be signed by the successful bidder after award of contract.) 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 9 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. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ 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. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: Carter-Melence, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY: CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-2996299 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: October 18, 1989 IF APPLICABLE: DATE FILED: October 18, 1989 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Carter-Melence, Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) Donald J. O'Hanlon, President LIST OFFICERS AND DIRECTORS: NAME TITLE Donald J. O'Hanlon President Patrick E. O'Hanlon Vice President Carmel O'Hanlon Secretary ■�»■������i��wa�i�����rra�RRaR����arir�����a���Ra��r���i��i�i����������������a��i If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 1 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Car _ . -Me en .e, Tnr.. ADDRESS: P.O. Box 907 Sound Beach, NY 11789 CONTACT: Donald J. O'Hanlon TELEPHONE: (631) 744-0127 FAX: (631) 744-0528 E-MAIL: 4cmi@optonline.net 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: VENDOR NAME: Proposal Package 4 of 9 1 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. j - ID� 13 AUTHORIZED JIGNATURE Donald J. O'Hanlon, President Proposal Package 5 of 9 t 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 othdr fun 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 a 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. j erson signing this bid, der t e penalties of perjury, affirms the truth thereof. l --&J SWORN TO BEFORE ME THIS Signat re&Company Position Feb. Donald J. O'Hanlon, President 20th DAY OF 20 19 Type Name&Company Position Carter—Melence, Inc. - A' � G Company Name February 20, 2019 Notary Public,State of New York No.4978717 Date Signed Qualified in Suffolk County 11-2996299 Commission Expires March 11, Federal I D.Number Proposal Package 6 of 9 J e THE PROPOSAL FORM Peconic Community Center ADA Access VENDOR NAME: Carter-Melence, Inc. VENDOR ADDRESS: P.O. Box 907 Sound Beach, NY 11789 TELEPHONE NUMBER: (631) 744-0127 FAX: (631) 744-0528 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 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 Proposal Package 7 of 9 Carter-Melence, Inc. Peconic Community Center ADA Access Itemized Proposal for: Town of Southold ITEM NO. ESTIMATED DESCRIPTION OF ITEM UNIT BID PRICE EXTENDED AMOUNT BID QUANTITY (Fill in Unit Price Written In Words) DOLLARS CENTS DOLLARS CENTS Install ADA Compliant Automatic Access Door 1 1 for Eighteen Thousand Six Hundred Forty Four AS 18,644 00 18,644 00 - - D611ars & No Cents TOTAL BASE BID Items(Add All Items) Eighteen Thousand Six Hundred Forty Four $18,644.00 Dollars & go., cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to Increase,decrease,or eliminate In Its entirety any or all Items prior to or after award of the bid. Proposal Package 8 of 9 i� AUTHORIZED SIGNATURE ,} ''��Ae. ' Donald J. OHanlon PRINT NAME - TITLE President DATE ' February 20, 2019 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.: On the 20th day of February in the year 2019 before me, the undersigned, personally appeared, Donald J. O'Hanlon , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(&) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisAwrAk4 capacity(ies),, and that by his/hed4heir signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NCdARRY PUBLIC 3LARy C.MCl qE: Notary Public,State ofNew York No.4978717 Qualified in Suffolk County Commission Expires March 11 Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: Donald J. O'Hanlon **A Corporation APartnership-er- ity FIRM NAME: Carter-Melence,Inc. An Indlvidual PRINCIPAL OFFICE: 104 New York Ave.,P.O. Box 907 Sound Beach,NY 11789 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President Donald J. O'Hanlon Miller Place,NY Construction Vice President Patrick E. O'Hanlon Sound Beach,NY Construction Secretary Carmel O'Hanlon Sound Beach,NY Administration 1. How many years has your organization been in business under its present business name? 30 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: Carpentry,Electrical,HVAC,Laborer,Painting 3. Have you ever failed to complete any work awarded to you? No .If so,note where and why. 4. Are there any claims,judgments,arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes,'please provide details. No - QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. No 6. List the major constiuction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion New Ferry Terminal,Plumbing - $554,000.00 91% 02/19 (631)583-5940 Village of Ocean Beach (631)286-8668 L.K.McLean Associates,P.C. New Storage Garage&Site Work $1,291,886.00 92% 04/19 (631)765-3385 Southold Fire District (631)727-5352 Martin F.Sendlewski,Architect,P.C. Correctional Fac.Storage Buildings,Plumbing $198,783.00 95% 03/19 (631)852-4239 Suffolk County DPW (631)286-8668 L McLean Associates,P.C. Andrew Muller Primary 2 Classroom Addition $1,009,000.00 85% 04/19 (631)474-2700 Miller Place UFSD (631)849-5852 Michael J.Guido Jr.Architect,P.C. 7. List five major projects you organization has completed in the past five years: Name of Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion %of Work Windswept Bldg.,Plumbing;Mech.;Elec.; $290,858.00;$192,166.00;$330,958.00 08/22/18 Village of Ocean Beach(631)583-5940;Lk McLean Associates,P.C.(631)286-8668 Police Dept.Booking/Jail,Village of East Hampton $164,069.00 05/24/18 (631)324-4150 D.B.Bennett P.E.,P.C. (631)907-0023 Hwy.Dept.Storage Building,Town of Riverhead $624,255.00 01/03/18 (631)727-3200 Jeffrey T.Butler,P.E.,P.C. (631)208-8850 - Restore Canoe Place Chapel,Town of Southampton $286,500.00 04/20/17 (631)283-6000 Jeffrey P.Gibbons Architect,P.C. (631)283-1944 Amagansett Comfort Station,Town of East Hampton$329,675.00 03/06/17 (631)324-4183 LK McLean Associates,P.C. • (631)286-8668 Southold Town New Hwy.Maint.Garage,Plumbing $238,000.00 12/30/16 (631)765-1560; L.K.McLean Associates,P.C. (631)286-8668 Hauppauge Fire District $740,919.00 08/03/16 (631)265-2499; Enspire Design Group,PLLC (631)471-9500 East Hampton Town Hwy.Dept.Office Renovation $231,775.00 12/07/15 (631)324-4183; D.B.Bennett,P.E.,P.C. (631)907-0023 QS-2 t 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present_ Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci Donald J. O'Hanlon President 43 years experience in the construction industry Patrick E. O`Hanlon Vice President 41 years experience in the construction industry 9. Do you have,or can you obtain,sufficient labor and equipment to commence work when required and complete the work within the Contract Time? yes 10. Bank References: J.P.Morgan Chase Bank (631) 928-7493 11. Trade Association Membership: Builders Institute 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? No QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Donald J. O'Hanlon being duly sworn deposes and says that he is the President of Carter-Melence,Inc. contractor and that answers to the foregoing questions and all statements therein contained are true and correct. c � _ (Si afore of person who sign bid) Donald J. O'Hanlon,President Sworn to before me this 20th day of_ Feb. 2019 Notary Public ' ,� Commission Exp' tiDate: 03/11/2019 Ti BY C.1MCI�IIOTE -- Notary Public,State of New York No.4978717 Qualified in Suffolk County Commission Expires March 11,M QS-4 x CARTER-MELENCE,INC. BALANCE SHEET JUNE 30,2018 ASSETS Current Assets: Cash and Cash Equivalents $ 1,009,324 Contract Receivables(Note 2) 224,550 Prepaid Expenses 38,371 Costs and Estimated.Earnings in Excess of Billings on Uncompleted Contracts(Note 3) 57,935 Total Current Assets $ 1,330,180 Properly and Equipment(Notes 4 and 6) 603,272 Less: Accumulated Depreciation 561,925 41,347 Total Assets $ 1,371,527 LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities: Short-Term Debt(Note 5) $ 29,362 Current Maturities of Long-Term.Debt(Note 6) 5,101 f Accounts Payable 164,885 Payroll Taxes Payable 310 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts (Note 3) 475,422 Income Taxes Payable 1,000 Total Current Liabilities $ 676,080 Stockholder's Equity: Common Stock(No Par Value, 200 Shares Authorized, 10 Shares Issued and Outstanding) 1,000 Paid in Capital 100,000 Retained Earnings 594,447 695,447 Total Liabilities and Stockholder's Equity $ 1,371,527 AGREEMENT THIS AGREEMENT, entered into this�j//day of March, 2019, by and between the Town of Southold, New York ("the Town"), a municipal corporation organized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York, and Carter-Melence, Inc. (the"Contractor"), with an address of PO Box 907, Sound Beach,NY 11789; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: DESCRIPTION OF WORK The Contractor shall provide and install an automatic ADA compliant access door at the Peconic Community Center located at 1170 Peconic Lane, Peconic New York. All work shall be completed in accordance with the "Town of Southold Peconic Community Center ADA Access Construction Specifications" dated February 7, 2019, the Plans and Drawings entitled Proposed Automatic Door: Community Center Peconic Lane attached thereto, and the Contractor's Bid Response dated February 20, 2019. Copies of the aforementioned documents are attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than forty-five (45) consecutive calendar days after the execution of this Agreement by both parties. Notwithstanding the foregoing, the Contractor agrees he will commence work immediately on and not later than ten (10) days after both parties have signed the agreement. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed and an inspection by the Town Engineer to certify that the work has been completed to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor eighteen thousand, six hundred forty-four dollars and no cents ($18,644.00). ARTICLE 4. CONTRACTOR'S INSURANCE 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 $300,000 for damage on account of all occurrences. 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 insurances 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. ARTICLE 5. INTENTIONALLY OMITTED ARTICLE 6. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That it is financially solvent and that it is experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be furnished by it; and (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein. ARTICLE 7. PERMITS AND REGULATIONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT 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 (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. ARTICLE 9. DAMAGES 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. ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT 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 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 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. ARTICLE 11. NO ASSIGNMENT In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town. ARTICLE 12. REQUIRED PROVISIONS OF LAW 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. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equal opportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section 220(2). ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. ARTICLE 14. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to Resolution 2019-196 adopted by the Town Board of the Town of Southold, at a meeting thereof held on February 26, 2019. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 15. NOTICES 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 PO Box 1179 Southold,NY 11971-0959 With a copy to: Michael Collins and James Richter Southold Town Engineer P.O. Box 1179 Southold,NY 11971-0959 To Contractor: Donald J. O'Hanlon Carter-Melence, Inc. PO Box 907 Sound Beach, NY 11789 r ARTICLE 16. WAIVER No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 18. APPLICABLE LAW AND CHOICE OF VENUE This Agreement is governed by the laws of the State of New York. The parties agree that any dispute between the parties arising out of this agreement resulting in litigation shall be filed in Supreme Court, Suffolk County. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed the day and year first above written. TOWN O SOUTHOLD By: Sco A. Russell, Su ervisor CARTER-HEL 'Na By: 0 Don ld J. O'Hanlon, resident STATE OF NEW YORK) ) ss..' COUNTY OF SUFFOLK) On thiday of March in the year 2019 before me personally appeared SCOTT A. RUSSELL,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. h Notary Public LAUREN M.STAN0ISH ° Notary No.015T6 84008 of Now Yolk STATE OF NEW YORK) No. in Suffolk C.oun ss.: Commission Exprs�Apat 9,702$ `COUNTY OF SUFFOLK) On the,�day of March in the year 2019 personally appeared DONALD J. O'HANLON, 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/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. Notary fflic ` MARY L.SILLECK Notary Public,State of New York No.01 S 14984608 Qualified in Suffolk Count Commission Expires July 29,�Z�I 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 https://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 General Decision Number: NY190012 02/15/2019 NY12 Superseded General Decision Number: NY20180012 State: New York Construction Types: Building, Heavy, Highway and Residential Counties: Nassau and Suffolk Counties in New York. BUILDING CONSTRUCTION PROJECTS, RESIDENTIAL CONSTRUCTION PROJECTS (including single family homes and apartments up to and including 4 stories) , HEAVY CONSTRUCTION PROJECTS, HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10. 60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 1 02/15/2019 ASBE0012-001 01/01/2018 Rates Fringes Asbestos Workers/Insulator Includes application of all insulating materials, protective coverings, coatings and finishes to all types of mechanical systems. . . . . . . . . . . . . . . . . . . . .$ 70.47 35.25 HAZARDOUS MATERIAL HANDLER. . . . . . .$ 39.00 12.75 ---------------------------------------------------------------- f 13 3/6/2019 1130 AM littps://www.wdol.gov/wdol/scafiles/davisbacon/NYI2.dvb?v=I BOIL0005-001 01/01/2017 Rates Fringes BOILERMAKER. . . . . . . . . . . . . . . . . . . . . .$ 55.23 33%+24.12+a FOOTNOTE: a. PAID HOLIDAYS: New Year's Day, Thanksgiving Day, Memorial Day, Independence Day, Labor Day and Good Friday, Friday after Thanksgiving, Christmas Eve Day and New Year's Eve ---------------------------------------------------------------- BRNY0001-001 07/01/2018 Rates Fringes BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . .$ 61.37 27.87 MASON - STONE. . . . . . . . . . . . . . . . . . . .$ 62. 67 30.59 ---------------------------------------------------------------- CARP0290-001 07/01/2018 Rates Fringes Carpenters: Building Nassau County (Portion of county that lies west of Seaford Creek and south of the Southern State Parkway) . . . . . . . . . . . . . . . . . . .$ 52.50 46.28 Nassau County (Remainder of County) and Suffolk County. . . . . . . . . . . . . . . . . . . . .$ 49.38 32.01 Heavy & Highway. . . . . . . . . . . . .$ 44.51 26.55 Residential. . . . . . . . . . . . . . . . .$ 39.23 25.12 ---------------------------------------------------------------- CARP0740-001 07/01/2018 Rates Fringes MILLWRIGHT. . . . . . . . . . . . . . . . . . . . . . .$ 52.70 52.61 ---------------------------------------------------------------- CARP1556-008 07/01/2018 Rates Fringes Carpenters: DIVERS TENDERS. . . . . . . . . . . . . .$ 48.24 50.07 DIVERS. . . . . . . . . . . . . . . . . . . . . .$ 67. 94 50.07 DOCKBUILDERS. . . . . . . . . . . . . . . .$ 53. 63 50.07 PILEDRIVERMAN. . . . . . . . . . . . . . .$ 53. 63 50.07 ---------------------------------------------------------------- CARP1556-011 07/01/2018 Rates Fringes Carpenters: TIMBERMEN. . . . . . . . . . . . . . . . . . .$ 49.10 49.37 ---------------------------------------------------------------- f 13 3/6/2019 11:30 AM https://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=l * CARP2287-003 07/01/2015 Rates Fringes CARPENTER Soft Floor Layers. . . . . . . . . . .$ 50.50 45.23 ---------------------------------------------------------------- ELEC0025-001 10/27/2018 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 52.00 160+25.83 ---------------------------------------------------------------- ELEC0025-002 04/28/2018 Rates Fringes Electricians: Maintenance Unit. . . . . . . . . . . .$ 43.20 120+$17.76 Telephone Unit. . . . . . . . . . . . . .$ 37.48 16%+$18.64 Wiring for single or multiple family dwellings and apartments up to and including 3 stories. . . . . . . . .$ 28.65 13%+12.14 ---------------------------------------------------------------- ELEC1049-002 04/02/2017 Rates Fringes Line Construction: Substation and Switching structures pipe type cable installation and maintenance jobs or projects; Railroad electrical distribution/ transmission systems maintenance (when work is not performed by railroad employees) Overhead and Underground transmission/distribution line work. Fiber optic, telephone cable and equipment; Groundman. . . . . . . . . . . . . . . . . .$ 32.31 21. 94 Heavy Equipment Operator. . .$ 43.08 25.27 Lineman & Cable Splicer. . . .$ 53.85 28. 62 Material Man. . . . . . . . . . . . . . .$ 46.85 25.91 ---------------------------------------------------------------- ELEV0001-002 03/17/2018 Rates Fringes ELEVATOR MECHANIC Elevator Constructor. . . . . . . .$ 64 .48 42.103+a+b Modernization and Repair. . . .$ 50.49 40.399+a+b FOOTNOTE: if 13 3/6/2019 11:30 AM littps://www.wdol.gov/wdol/scafiles/davisbacon/NY l 2.dvb?v=1 a. PAID HOLIDAYS: New Year's Day, Good Friday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. b. PAID VACATION: An employee who has worked less than 5 years shall recieve vacation pay credit on the basis of 4% of his hourly rate for all hours worked; an employee who has worked 5 to 15 years shall receive vacation pay credit on the basis of 6% of his hourly rate for all hours worked; an employee who has worked 15 or more years shall receive vacation pay credit on the basis of 8% of his hourly rate for all hours worked. ---------------------------------------------------------------- ENGI0138-001 06/01/2018 BUILDING CONSTRUCTION Rates Fringes Power equipment operators: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 62.53 36.90+a GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 59.27 36.90+a GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 57.09 36.90+a GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 42.98 36.90+a GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 41.03 36.90+a NOTES: Hazmat premiums: Level A 3.50 Level B 2.50 Level C 1.50 Level D 1.00 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Year's Day, Lincoln's Birthday, Washington's Birthday or President's Day (in lieu of Lincoln's or Washington's Birthday) , Good Friday, Memorial Day, Indpendence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day or days celebrated as such. Any holiday that falls on a Saturday will be celebrated on Friday. POWER EQUIPMENT OPERATOR CASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler capacity over cater- piller 225 and lomatsu 300, Boiler (thermoplastic) , Cherry picker, over 50 tons, CMI or maxim spreader, concrete pump (with oiler) , crane (crawler truck) , crane (on barge) , crane (stone setting) , crane (structural steel) , crane (with clam shell) , derrick, dragline, dredge, gradall, grader, hoist (3 drum) , loading machine (bucket) cap of 10 yds or over micro-trap, with compressor (negative air machine) , milling machine, large pile driver, power if 13 3/6/2019 11:30 AM https://www.wdol.gov/wdol/scafi les/davisbacon/NY 12.dvb?v=1 winch, Stone setting/structural steel, power winch (truck mounted/stone steel) powerhouse, road paver scoop, carry-all, scraper in tandem shovel, sideboom 'tractor, sideboom tractor (used in tank work) , stone spreader (self propelled tank work) , zamboni (ice machine) GROUP 2: Backhoe, boom truck, bulldozer, cherypicker, conveyor (multi) , dinky locomotive, forklift, hoist, 2 drum, loading machine, loading machine (front end) mechanical compactors, (machine drawn) , mulch machine (machine-fed) , mechanic, power winch, other than stone/structural steel, power winch (truck mounted other than stone steel) pump (hydraulic, with boring machine) , roller, (asphalt) , scoop (carry-all scraper) , tower crane (maintenance man) , trenching machine GROUP 3: Comrpessor (structural steel) , Compressor (2 or more in battery) , concrete finishing mchine, concrete spreader, conveyor, curb machine (asphalt or concrete) , curing machine, fireman, hoist (1 drum) , micro-trap, (self contained, negative air machine) , pump (4 inches or over) , pump (hydraulic) , pump (jet) , pump (sumbersible) , pump (well point) , pulvi-mixer, ridge cutter, roller (dirt) , striping machine, vac-all, welding and burning, welding machine (pile work) , welding machine (structural steel) GROUP 4: Compressor, compressor (on crane) , compressor (pile work) , compressor (stone setting) , concrete breaker, concrete saw or cutter, forklift (walk behind, power operated) , generator-pile work, generator, hydra hammer, mechanical compactors (hand operated) , oiler (truck crane) , pin puller, portable heaters, powerbroom, power buggies, pump (double action diaphgrgm) , pump (gypsum) , trench machine (hand) , welding machine GROUP 5: Batching plant (on site of job) , generator (small) , mixer (with skip) , mixer (2 small with or without skip) , mixer (2 bag or over, with or without skip) , mulch machine, oiler, pump (centrifugal, up to 3 inches) , root cutter, stump chipper, tower crane (oiler) , tractor (caterpillar or wheel vibrator) ---------------------------------------------------------------- ENGI0138-002 08/01/2018 HEAVY & HIGHWAY Rates Fringes Power equipment operators: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 66.00 37.15+a GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 61.60 37.15+a GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 59.37 37.15+a GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 44.88 37.15+a GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 42. 92 37.15+a GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 37.33 12.35+a NOTES: Hazmat premiums: Level A 3.50 ,f 13 3/6/2019 11:30 AM littps://www.wdol.gov/wdol/scafiiles/davisbacon/NY l 2.dvb?v=1 Level B 2.50 Level C 1.50 Level D 1.00 Truck and Crawler Cranes long boom premiums: boom lengths (including jib) 100-149 ft 1.00 boom lenghts (including jib) 150-249 ft 1.50 boom lenghts (including jib) 250-349 ft 2.00 boom lengths (including jib) 350 ft 3.00 Cranes using clamshell buckets .25 Front end loader 10 yds and above .25 Oiler on truck cranes with boom length of 100 ft. or more .25 FOOTNOTE: a. Paid Holidays: New Years Day, Lincoln's Birthday, Washington's Birthday or Presidents Day (in lieu of Lincoln's or Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day or days celebrated as such. Any holiday that falls on Saturday will be celebrated on Friday. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Asphalt spreader, backhoe crawler (capacity over caterpiller 225 and komatsu 300) , boiler (thermoplastic) , boring machine (post hole) , cgherry picker (over 50 ton) , CMI or maxim spreader, concrete pump, with oiler, crane (crawler truck) , crane (on barge) , crane (stone setting) crane (structural steel) , crane (with clam shell) , derrick, dragline, dredge, gradall, grader, hoist (3 drums) , loading machine (bucket) capacity of 10 yards or over, micro-trap (with compressor-negative air machine) , milling machine (large) , piledriver, power winch (stone setting structural steel) , power winch (truck mounted/stone steel) , power-house, road paver, scoop, carry all (scraper in tandem) , shovel, sideboom tractor, sideboom tractor (used in tank work) , stone spreader (self-propelled) , tank work, tower crane GROUP 2: Bulldozer, Backhoe, Boom Truck, Boring machine/augur, Cherrypicker, Conveyor (multi) , Dinky Locomotive, Forklift, Hoist (2 drum) , Loading Machine, Loading Machine (front end) , Mechanical Compactor (machine drawn) , Mechanic, Mulch Machine (machine- fed) , Power Winch (other than stone/structural steel) , Power Winch (truck mounted/other than stone steel) , Pump Hydraulic (with boring machine) , Roller (asphalt) , Scoop (carry-all, scraper) , Tower Crane (maintenance man) , Trenching Machine, Vermeer Cutter, Work Boat GROUP 3: Curb Machine (asphalt or concrete) , Maintenance Engineer (small equipment) , Maintenance engineer (well-point) Mechanic (fieldman) , Micro-Trap (self contained, negative air machine) , Milling Machine (small) , Pulvi-mixer, Pump (4 inches or over) , Pump Hydraulic, Pump Jet, Pump Submersible, Pump (well point) , Roller Dirt, of 13 3/6/2019 11 30 AM https://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 Vac-All, Welding and burning, Compressor (structural steel) , Compressor (2 or more battery) , Concrete Finishing Machine, Concrete Spreader, Conveyor, Curing Machine, Fireman, Hoist (one drum) , Ridge Cutter, Striping Machine, Welding Machine (pile work) , Welding Machine (structural Steel) . GROUP 4: Compressor, Compressor on crane, Compressor (pile work) , Compressor (stone setting) , Concrete Breaker, Concrete Saw or Cutter, Fork Lift (walk behind, power operated) , Generator- Pile Work, Generator, Hydra Hammer, Mechanical Compoactors (hand operated) , Oiler (truck crane) , Pin Puller, Portable Heaters, Powerbroom, Power buggies, Power Grinders, Pump (double action diaphragm) , Pump gypsum, Pump (single action 1 to 3 inches) , Trench Machine hand, Welding Machine GROUP 5: Batching Plant (on site of fob) , Generator (small) , Grinder, Mixer (with skip) , Mixer (2 small with or without skip) , Mixer (2 bag or over, with or without skip) , Mulch Machine, Oiler, Pump (centrifugal, up to 3 inches) , Root Cutter, Stump Chipper, Tower Crane (oiler) , Track Tamper (2 engineers, each) , Tractor (caterpillar or wheel) , Vibrator, Work boat (deckhand) , GROUP 6: Well drillers ---------------------------------------------------------------- IRON0046-003 07/01/2018 Rates Fringes IRONWORKER METALLIC LATHERS AND REINFORCING IRONWORKERS. . . . .$ 56.28 22.62 ---------------------------------------------------------------- IRON0197-001 07/01/2018 Rates Fringes IRONWORKER STONE DERRICKMAN. . . . . . . . . . . .$ 49.34 39.46 ---------------------------------------------------------------- IRON0361-001 07/01/2018 Rates Fringes IRONWORKER (STRUCTURAL) . . . . . . . . . .$ 50.70 75.42 ---------------------------------------------------------------- IRON0580-001 07/01/2018 Rates Fringes IRONWORKER, ORNAMENTAL. . . . . . . . . ...$ 44 . 65 53. 62 ---------------------------------------------------------------- LAB00066-001 07/01/2017 BUILDING Rates Fringes ,f 13 3/6/2019 11:30 AM https://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 Laborers: Laborers. . . . . . . . . . . . . . . . . . . .$ 36.75 31. 94 Plasterers Tenders. . . . . . . . . .$ 36.75 31.94 ---------------------------------------------------------------- LAB00078-001 12/01/2016 Rates Fringes LABORERS BUILDING CONSTRUCTION ASBESTOS (Removal, Abatement, Encapsulation or Decontamination of asbestos) ; LEAD; & HAZARDOUS WASTE LABORERS (Hazardous Waste, Hazardous Materials, Biochemical and Mold Remediation, HVAC, Duct Cleaning, Re-spray Fireproofing, etc) . . . . . . . . .$ 36.00 16.20 ---------------------------------------------------------------- LABO1298-001 06/01/2018 HEAVY & HIGHWAY Rates Fringes Laborers: Asphalt Rakers; Formsetters.$ 44.68 33.47+a Asphalt Shovelers, Roller Boys & Tampers. . . . . . . . . . . . . .$ 43.36 33.47+at Regular Laborers. . . . . . . . . . . .$ 39.35 33.47+a A. FOOTNOTES: Laborers working in a hazardous material hot zone shall receive an additional 20% premium. Where the contract provides for night work outside the regular hours of work, the employees shall be paid at straight time plus a 30% night work premium for the 8 hours worked during the night. Firewatch work performed after regular hours shall be paid an additional loo premium. Second and Third Shift work will be paid at a 30% premium. Contractor requesting laborers certified for hazardous material work and/or employed on hazardous material shall be required to pay an additional 10% premium. ---------------------------------------------------------------- PAIN0009-002 05/01/2018 Rates Fringes PAINTER GLAZIERS. . . . . . . . . . . . . . . . . . . .$ 29.05 18.88 ,f 13 3/6/2019 11:30 AM littps://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 Painters, Drywall Finishers.$ 45.70 27. 67 Spray, Scaffold, Sandblasting. . . . . . . . . . . . . . . .$ 48.70 27. 67 ---------------------------------------------------------------- PAIN0806-010 10/01/2018 Rates Fringes Painters: Stuctural Steel and Bridge. .$ 49.50 41.88 ---------------------------------------------------------------- PAIN1974-002 06/28/2018 Rates Fringes Painters: DRYWALL TAPERS/POINTERS. . . . .$ 47.82 25.21 ---------------------------------------------------------------- PLAS0262-003 08/01/2018 Rates Fringes PLASTERER. . . . . . . . . . . . . . . . . . . . . . . .$ 45.58 26.52 ---------------------------------------------------------------- PLAS0780-001 07/01/2018 Rates Fringes CEMENT MASON/CONCRETE FINISHER. . .$ 51.97 33.56 ---------------------------------------------------------------- PLUM0200-001 11/01/2018 Rates Fringes PLUMBER BUILDING CONSTRUCTION: . . . . . .$ 52.48 38.55 RESIDENTIAL CONSTRUCTION: . . .$ 29.96 13.41 ---------------------------------------------------------------- PLUM0638-001 12/28/2016 Rates Fringes PLUMBER SERVICE FITTERS. . . . . . . . . . . . .$ 26.30 2.55 SPRINKLER FITTERS, STEAMFITTERS. . . . . . . . . . . . . . . .$ 61.81 48.30 Service Fitter work shall consist of all repair, service and maintenance work on domestic, commercial and industrial refrigeration, air conditioning and air cooling, stoker and oil burner apparatus and heating apparatus etc. , including but not exclusively the charging, evacuation, leak testing and assembling for all machines for domestic, commercial and industrial refrigeration, air conditioning and heating apparatus. Also, work shall include adjusting, including capacity adjustments, checking and repairing or replacement of all controls and start up of all machines and repairing all defects that may develop on any system for domestic, commercial and industrial refrigeration and all air conditioning, air cooling, stoker and oil burner apparatus )f 13 3/6/2019 11:30 AM https://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 and heating apparatus regardless of size or type. ---------------------------------------------------------------- ROOF0154-001 05/01/2017 Rates Fringes ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . .$ 40.00 35. 62 ---------------------------------------------------------------- SHEE0028-002 07/31/2014 Rates Fringes SHEET METAL WORKER BUILDING CONSTRUCTION. . . . . . .$ 50. 91 36.70 RESIDENTIAL CONSTRUCTION. . . .$ 27.22 16.48 ---------------------------------------------------------------- TEAM0282-002 07/01/2017 Rates Fringes TRUCK DRIVER. . . . . . . . . . . . . . . . . . . . .$ 39. 685 41.84+a FOOTNOTES: a. PAID HOLIDAYS: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Election Day, Veterans' Day (Armistice Day) , Thanksgiving Day, Day after Thanksgiving and Christmas Day. Employees working two (2) days in the calendar week in which a holiday falls are to be paid for such holiday, provided that they shape each remaining workday during such calendar week. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, inured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after of 13 3/6/2019 11:30 AM littps://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e. , Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those of 13 3/6/2019 11:30 AM https://www.wdol.gov/wdol/scafiles/davisbacon/NY 12.dvb?v=1 classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate. OH'indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with .the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. of 13 3/6/2019 11:30 AM https://www.wdol.gov/wdol/scafiiles/davisbacon/NY 12.dvb?v=1 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION of 13 3/6/2019 11:30 AM d r fy Andrew M.Cuomo,GovernorY,p ""'"" ��,Q Roberta Reardon,Commissioner SENT O Town of Southold Schedule Year 2018 through 2019 Michael Collins,Town Engineer' Date Requested 01/23/2019 Town of Southold PRC# 2019000964 53095 Main Road Southold NY 11971 Location Peconic Community Center Project ID# Project Type Replace existing double entry doors at the Peconic Community Center with a single automatic ADA compliant access door PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing,Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2018 through June 2019. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W.Averell Harriman State Office Campus, Bldg. 12, Room 130',Albany, NY 12240 www.labor.state.ny.us PW 200 PWAsk@labor state.ny us DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD PECONIC COMMUNITY CENTER ADA ACCESS GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS—DIVISION NO. 1—GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 'Construction Facilities &Temporary Controls 01501 J Health&Safety Provisions 01502 Environmental Protection DIVISION 1 -Page 1 of 13 J DIVISION 1 -GENERAL REQUIREMENTS SECTION 01010 - GENERAL, SITE The site of the proposed general construction for the PECONIC COMMUNITY CENTER ADA ACCESS is located at 1170 Peconic Lane in Peconic, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. BACKGROUND The existing Peconic Community Center is to be improved with a new access door on the south side of the building. The new single door will replace the existing double entry doors as specified in the contract documents and�shall-be ADA compliant in all respects. The contractor shall notify the Town of any conflicts prior to the beginning of any work. SCOPE A. The work to be performed under this Contract shall include all labor, materials, equipment, services and incidentals required to perform the proposed construction as indicated in the Specifications, shown on the Contract Plans and/or as approved by,the Engineer. B. In general,the work shall include but not be limited to the following: • Environmental protection of all existing site conditions and utilities • Demolition and removal of the existing double entry doors • Installation of a new ADA-compliant automatic entry door • Restoration of any portions of the structure that are damaged as part of the project • Proper disposal of all waste and excess materials generated by the project C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from DIVISION 1 - Page 2 of 13 DIVISION 1 - GENERAL REQUIREMENTS responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six (6)copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be accepfable.to.the Engineer. ,The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion =in the manner and time specified: All workmen 'must'have -sufficient skill and experience in such work to properly and satisfactorily perform "it-and operate the equipment involved. Any person employed by the Contractor-whom the Engineer may deem incompetent or unfit to perform the work, shall beat once discharged and shall not be again'.employed: -INSPECTION ` 'All pr`oposed'work under-this Contract'shall'b'e performed during and with-`Engineer's approval. The Contractor is advised to inspect carefully the full premises and'corisultwith the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TR�kFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic;.and,he.must-'take.every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations.-The Contractor shall enforce regulations and restrictions•`as may be:necessary or -required for the protection-of-fire, accidents,-property damage and public'nuisance: He shall provide and maintain,such toilet facilities at or adjacent to the.site as''inay be required. The Contractor shall,er`ect and.maintain such signs, channel and obstruction•markers and'barricades as may be required for the protection of traffic. The'Contractor shall not deposit`or store any equipment or materials within the Site Area except with written permission'from the'Engineer. MAINTENANCE AND PROTECTION OF UTILITIES ' _. . " ' • A. The Contractor shall familiarize himself with the existence of structures of municipal and ,other public service co'rp orations on or adjoining-the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be•so conducted as to delay,or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the•approval of the Engineer. DIVISION 1 - Page 3 of 13 DIVISION 1 - GENERAL.REQUIREMENTS C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LEVELS AND SURVEYS Upon completion of the demolition and removal;work under the Contract, the Contractor shall restore all disturbed areas of the parking lot as per the Contract Plans and Specifications. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades.. The standards of-the;work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction,they are submitting a bid for as specified in the Contract Documents for,a period of at Jeast five(5)years. On request, bidders must furnish a list of a minimum of five (5) projects,of similar type,construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors.,to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses, and telephone,numbers of the particular .project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five_ (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor DIVISION 1 -Page 4 of 13 ` DIVISION 1 -GENERAL REQUIREMENTS for approval by the Engineer. This action is deemed necessary to maintain,continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS' Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specification's. Materials, methods and equipment shall conform to the latestA.S.T.M., A.W.P.A., A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS The Contract Plans which accompany and form part of these Specifications,bear the title: PROPOSED AUTOMATIC DOOR: COMMUNITY CENTER PECONIC LANE and are labeled as Sheet SP-1 and Sheet A-1. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him; free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his' respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees-to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor,within five (5), days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. DIVISION 1 -Page 5 of 13 DIVISION 1 - GENERAL REQUIREMENTS PAYMENTS , Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010-GENERAL DIVISION 1 - Page 6 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01025—MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall fimiish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at-the lump sum or unit prices for the items listed herein. Upon the completion and acceptance of the work specified and contracted for, the Owner will pay the full amount, less:any money paid by the owner by reason of said contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be,relieved from the,obligations assumed in the Contract. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 7 of 13 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500-CONSTRUCTION FACILI-TIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Utilities -Eros lighting, heat, ventilation,telephone setviee (inel ding fax,, aehine)J. ate and sanitary facilities. J B. Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities - Access roads, parking,progress cleaning, project signage, and temporary buildings. trades,TEMPORARY ELECTPUCITY The Eleetr-ieal Contr-aetor-shall be r-espensible for providing and paying for the temporar-y ele power-for-eetistruetion to an established point pr-oximate to the eonstmeti6n area. The temper-ar-y shall be installed within 30 days of the award of the contraet. The Eleetrieal GoiitraeteT shall be r-espensible for- providing temporary eleetfie power- to all for the dur-atioii of the TEMPORARY WATER SERVICE A. The Goi4r-aetor- shall provide tempor-ai5,water- sen4ee for- eanstrdetion p-,-s-.—' .amtar5, f e lities7 fire pr-oteetio and f ., r elonk.b B. Potable water shall be furnished for construction personnel by portable containers. G. Water seizviee shall be proteeted from freezing, and the serviee shall be extended li rel V lJUld meet et to., por-ar-y. atef r nts 11aceti v D. The Gentr-aetor shall install a meter and pa�, for- all expenses associated with temper-ar-y water- set=viee during the coufse of the J and es r r-ed for-tempefaty water uiiu fees E.C-omply wit.. all appliC-c`ble lades and affange—for all ...Peetions ana appf6vals. F. Upon eompletion of all WOFk, the Gontraetor- shall diseepmeet and r-emove all temporary eor.neetions r„l fixtures. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1 -Page 8 of 13 a DIVISION 1 - GENERAL REQUIREMENTS use of construction personnel. The Contractor shall observe and enforce all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. I • I • E. The Contractor shall pay for all expenses ass'ociated�with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply ,with all applicable codes and-arrange ,fdr- all--necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, atthe site,,such iequipnient and,facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident • ' iti�• •Ei ' 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising)out of;,or-in connection with; the performance of the work, Aether,on or adjacent to'the site, which:cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents,the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. DIVISION 1 -Page 9 of 13 DIVISION 1 - GENERAL REQUIREMENTS C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities,•and Owner's operations from unauthorized entry, vandalism or theft. F B. Coordinate with Owner. C. . Furnish security during the course of the.work. , ACCESS ROAD A. Maintain roads,accessing construction area as shown on the Construction Plans. i . B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions., D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated,existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of:this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When,space is not adequate, provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as DIVISION 1 -Page 10 of 13 8 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01501—HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to;provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to.enforce the use of these procedures, equipment and/or facilities in accordance with the following guidelines: 1. Safety and Health Regulations Promulgated;by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 9 2. U.S. Environmental Protection Agency Medical Monitoring Program.Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION 01501—HEALTH AND SAFETY PROVISIONS DIVISION 1 - Page 12 of 13 DIVISION 1 - GENERAL REQUIREMENTS designated by the Owner. REMOVAL OF UTILITIES, FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final'Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 - Page 11 of 13 DIVISION 2 - SITE WORK SECTION 02200 -SITE PREPARATION QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. • : The Contractor shall visit and thoroughly familiarize them with the-site,and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to-mean•that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their,proposal. PREPARATION A. Notification of utility companies shall be iri accordance with Industrial Code Rule#53 of Title 12,-of the Official Compilationl'of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies,-prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area-of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be DIVISION 2 - 3 of 4 DIVISION 2 -SITE WORK severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further .out from trunk. The fmal cut should be,made by placing the shears or saw in front oftthe branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION-SECTION 02200- SITE PREPARATION DIVISION 2 - 4 of 4 o " DIVISION 2 - SITE WORK SECTION 02050—SITE DEMOLITION & REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment-and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general,the work to be done shall include but not be limited to the following: A. Demolition, as referred to in this section, includes all labor, material and equipment necessary to properly remove and dispose of all materials associated with removal,ofthe existing asphalt and concrete associated with the project. B. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. C. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. D. Site demolition shall be limited to the area shown on the Contract Plans. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. E. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the lump sum price bid for each item of the overall project. END OF SECTION- SECTION 02050—SITE DEMOLITION &REMOVAL DIVISION 2 - 2 of 4 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Contract Drawings and Specifications�of other- trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS-DIVISION 02000- SITE WORK Included in this Division are the following sections: 02050 - Site.Demolition 02200 - Site Preparation DIVISION 2 - 1 of 4 ! DIVISION 1 - GENERAL REQUIREMENTS SECTION 01502—ENVIRONMENTAL PROTECTION WORK INCLUDED A. The Contractor shall furnish all labor, equipment and materials required for environmental protection during and as the result of construction operations under this Contract except for those measures set forth in other provisions of the Contract Plans and Specifications. Environmental protection requires consideration of air, water and land, and involves noise and solid waste management as well as other pollutants. RELATED SECTIONS A. Section 01500—Construction Facilities and Temporary Controls APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Contract Specifications. END OF SECTION 01502—ENVIRONMENTAL PROTECTION DIVISION 1 -Page 13 of 13 �O Cn r! SOUTHOLD TOWN ►n ENGINEERING ` � L I' in I t 02 I� O PROPOSED AUTOMATIC DOOR: COMMUNITY CENTER REMOVE EXISTING DOUBLE DOOR SYSTEM PECONIC LANE AS NEEDED OR REQUIRED TO INSTALL NEW W AUTOMATIC DOOR AS SPECIFIED HEREIN. P E C 0 N I C SEE SPECIFICATIONS&DETAILS ON SHEET A-1 o Town of Southold ® - - - DRAWN. O James A. Richter,RA �9 ® SCTM 111: 1000 - 75 - 1 - 13 O C ) SCALE: © AS NOTED 0 DATE` JANUARY 22,2019 - 0 REVISED: DESCRIPTION OF MODIFICATION: Li� n ■ _ Z ,^•• �I N. 300 29' 00" W. 311 .00' PEC ONIC LANE PARTIAL SITL PLAN D&MVINGtk SCALE: NTS S P -1 SHEET 0: y OF Z AUTOMATIC DOOR PROJECT NOTES: New Modifications to the Exterior Door Set shall require the supply&installation of a New Auto Operating System and a New Door. IT IS THE INTENT OF THESE SPECIFICATIONS THAT ALL WORK REQUIRED TO INSTALL THE NEW AUTO OPERATING DOOR&ALL RELATED SYSTEMS SHALL BE COMPLETE IN ALL RESPECTS. 1. In addition to the Automatic Controls,the New exterior 4'Wide Door shall be Equipped with a ! Remove existing double door system manual panic bar operator for Emergency Egress. All door hardware shall be A.D.A.compliant. I S OUTHOLD TOWN as needed or required to accommodate 2. Contractor shall remove existing exterior door set and salvage doors&hardware for re-use by the Town. new door installation. 3. The Contractor shall provide New(4'-0"x 6'-8")metal frame for opening as needed or required to accept new exterior door system. ENGINEERING / 4- Contractor shall supply and install all Trim&Paint to match existing and provide new Metal Threshold to meet A.D.A.standards. / 1 5. The New Exterior door system shall be an Insulated,steel stiffened metal door with the following options. • One 4'-0"x 6'-8" -18 Gauge,insulated hollow metal steel stiffened door. cjUFFO( • The new door shall have a white anodized aluminum finish. • 1 Each-Air Louvre VLFEZIG L-Pro 32 wide x 30 high vision kit with 1"insulated glass,12 lite. • 1 Each-780-224 Roton Continuous Geared Hing 83 Clear Anodized r I❑ p� • LCN heavy duty closer model#LCN 4040 XP H-COSH. L L tf7 I • Von Duprin 99 Series Concealed Vertical Rod Exit device-Lever Trim US26D • Von Duprin 99 Series Concealed Vertical Rod Exit device-Exit Only US26D 2A • A.D.A.Compliant Aluminum Saddle(Continuous)anchored to concrete. �/0� • 1 Each-NGP 600A Door Sweep Clear Anodized with Brush 36 •1 Set -Nabco series 8500 Right Hand Out Swing,Low energy auto operators, INTERIOR VIEW EXTERIOR VIEW 2 RC wireless wall switches with 433 transmitters and receivers. • Provide One set(2 Each)of radio controlled press wall switches for new entry door for activation. PROPOSED AUTOMATIC DOOR: •Provide Continuous Weather Stripping(Head,Jamb&Sill)on new 4'-0"wide exterior Door. COMMUNITY CENTER 6. The existing Interior set of doors shall remain. PECONIC LANE 7. See Plan Detail,This Sheet,for approximate location of two(2)press wall switches for Automatic Door Activation. P E C 0 N I C DEMOLITION PLAN 8. All electrical work required for the installation of the automatic door system is the Contractors responsibility. Town Of Southold Any and all damage associated with the installation shall be repaired to match adjacent surfaces and approved - by Town Department of Public Works SCALE: E: 1�P7 S DRAWN: Jl�l]1�L NTS J James A. Richter,RA SCTM 1000 -75 - 1 -13 SCALE: AS NOTED LsLL LL DATE LLLLL L JANUARY 22,2019 LL LLL+ L Existing Wall Construction LLLLLLL �LLLLt� Verify the Existing Window Transom Framing REVISED- DESCRIPTION of woD+ncAnoH: LLL tL+ LLLLLLLI to Remain. and ifs Ability to Provide a Stable Base to LLL LL.LLtL-LL tL Support the New Door Operating System. LLL�LLL Existing Brick Veneer CtiL LLL +L L+ &Wood Trim to Remain. LLL�LL ' ttLLLL+ Existing Brick Veneer Press Plate for LLLLLLLLLLLLLLLL+ &Wood Trim to Remain. Door Activation .LL LLLLLLLLLLLLLLi New Exterior Wood Trim M - LL�� LLLtI LL LL by Contractor(Whole Paint-2 coats) Note: Provide New Exterior Wood Trim as ` LL L:' Needed or Required to Duplicate the existing /0001 \ co p a € i. Continuous solid spacer to adjust for Facade by Contractor(White Paint-2 coats) \ M� required neiv door rough opening. 3/4°Exterior °A C°Plywood by Contractor a-1 I 3/4°Exterior °A C"Plywood / (White Paint-1 Coat Oil Base Primer&2 Coats k' by Contractor(White Paint-1 Coat Oil w Exterior Latex)Typical Each Side m Base Primer&2 Coats Exterior Latex) Press Plate for h Typical Intenor&Exterior F Door Activation :. /' New 2x6 Framed Opening-Anchor to New 2x6 Framed Opening-Anchor to / Existing Transom Framing by Contractor Existing Wall Framing by Contractor tO New Heavy Gauge Hollow Metal Door New Heavy Gauge Hollow Metal Door Frame&Hardware by Contractor Frame&Hardware by Contractor i New A.D.A.Compliant Aluminum j Threshold Below. By Contractor (Extra Width will be Required to cover exterior concrete slab.) r DRAWING H: NEW DOOR PLAN - 11111 JAMB DETAIL HEAD DETAIL SCALE: NTS SCALE: NTS SCALE: NTS A-1 SHEET� Z DP s 1