HomeMy WebLinkAboutDean's Parking Lot Improvements T
COLONIAL SURETY COMPANY
CONTRACT STATUS INQUIRY
I IIIIII VIII IIII III I IIII VIII IIII IIII ° �'w � ar
May 18,2020 _
Contratcttar: Delalio Coal &Stone Co.Inc.d/b/a South Fork Asphalt Bond No.: CSC 225937
joh Description: Effective Date 05/13/2019
Dean's Parking Lot Improvement Bond Amount: $191,000.00
Contract Amount: $191,000.00
flojjd Holder
Town of Southold
53095 Main Rd.
Southold,NY 11971
To help us serve you and to preserve your rights under the above captioned bond,please complete and return this form.
This information will be held confidential by surety.It is understood that the providing party does not guarantee the accuracy
of this information whether such information is furnished by the owner or any agent of the owner.
Amount billed by our principal to date: $ _ Current Retainage held by you:
CONTRACT HAS NO._...._ � .. ....., . ----- .. _
�_,
T BEEN COMPLETED CONTRACT HAS BEEN COMPLETED
Start Date: Date of Completion:
Anticipated Completion Date: Final Contract Amount:
Has Final Payment been
------- .. __ --. ..... __
Current Contract Amount: made: Yes ❑ N® ❑
(including approved change orders) .,. �_. ��
........ m, ....
If Yes, date of final payment ._
Total Paid to date —._
If No,expected date of final payment:
Has work progressed satisfactorily?. --- ---- .......�,
— Yes 1 N®
l
Have you received any liens,levies,attested accounts or other withholding notices? Yes No
Are you aware of any payment problems or disputes between our principal and any of his:
Subcontractors: Yes ��-� N� „
Suppliers: Yes ❑ No
Labor force or Unions: Yes No
Other Contractors: Yes No 1,
Has our principal assigned any of his rights to Contract Payments: Yes No
Comments:
Itl tilt y History,
Sent Received Contract Price Percent Complete Outstanding
..,.. ... .....m ...,,,,,
05/18/2020 $191.000.00
01/20/2020 $191.000.00
11/27/2019 $191.000.00
08/28/2019 $191.000.00
Date 20 Signature
PLEASE RETURN ORIGINAL OF THIS INQUIRY Title
123 Tice Boulevard Woodcliff Lake,NJ 07677 201-573-8788 Phone:
ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road
TOWN CLERK ®� � P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS
coo
Fax(631)765-6145
MARRIAGE OFFICER ,p. ® ��. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtovmny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
May 13, 2019
Donald O'Hanlon
Carter-Melence, Inc
PO BOX 907
Sound Beach,NY 11789
Dear Mr. O'Hanlon:
At the regular Town Board meeting held on May 7, 2019,the Town Board
accepted the bid of South Fork Asphalt for the Dean's Parking Lot Improvements. A
certified copy of the resolution is enclosed.
The bid bond is being returned to you. Thank you for your bid. _
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Ens.
r
ELIZABETH A.NEVILLE,MMC ,00F®L �oG
Town Hall,53095 Main Road
TOWN CLERK �� �� P.O.Box 1179
Southold,New York 11971
ft
REGISTRAR OF VITAL STATISTICS
CIO
Fax(631)765-6145
MARRIAGE OFFICER ,g. ® �� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ��� �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF-SOUTHOLD
May 13, 2019
South Fork Asphalt .
224 North Main Street
Southampton,NY 11968
Dear Sir:
Congratulations. At the regular Town Board meeting held on May 7, 2019, the
Town Board accepted the bid of South Fork Asphalt for the Dean's Parking Lot
Improvements. A certified copy of the resolution is enclosed.
The bid bond is being returned to you. Thank you for your bid.
Very truly yours, n
i
Lynda M Rudder
Deputy Town Clerk
Ens.
ELIZABETH A.NEVILLE,MMC o�01�Foc,r�o
Town Hall,53095 Main Road
TOWN CLERKo� � RO.Box 1179
Southold,New York 11971
Go
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER �. ® ��. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER �Od �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
1 May 13, 2019
Robert Panchak
KJB Industries Inc.
58 Tyler Drive
Riverhead,NY 11901
Dear Mr. Panchak:
At the regular Town Board meeting held on May 7, 2019,the Town Board
accepted the bid of South Fork Asphalt for the Dean's Parking Lot Improvements. A
certified copy of the resolution is enclosed.
The bid bond is being returned to you. Thank you for your bid.
Very truly yours,
Lynda M Rudder
Deputy Town Clerk
Ens.
Southold Town Board -Letter Board Meeting of May 7, 2019
RESOLUTION 2019-460 Item# 5.63
ADOPTED DOC ID: 15237
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-460 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 7,2019:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of South
Fork Asphalt in the amount of$191,000.00 for the Dean's Parking Lot Improvements, Mattituck;
and be it further
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and South
Fork Asphalt in the total amount of$191,000.00, subject to the approval of the Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell
ABSENT: Robert Ghosio
Generated May 8, 2019. Page 86
ELIZABETH A.NEVILLE,MMC ®� FOLtcy Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
a
Southold,New York 11971
coo
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER ,�, ® ®�. Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER '�®,� �`� www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
BID OPENING
Bid on Deans Parking Lot Improvements
Bid Opening May 2,2019 2:00 PM
Three (3) bids received
KJB Industries Inc. $202,502.00
58 Tyler Drive
Riverhead,NY 11901
Carter-Melence, Inc. $295, 962.00
PO Box 907
Sound Beach,NY 11789
Donald O'Hanlon
631/744-0127
South Fork Asphalt $191,000.00
224 North Main Street
Southampton,NY 11968
.7
Town of Southold
"Dean's Parking Lot Improvements"
PROPOSAL PACKAGE
BID OPENS: May 2, 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 10
r
BIDDER'S CHECK LIST
Your response to our above referenced bid will be considered unresponsive and will be rejected if
the fo owing 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.
3
Proposal Package 2 of 10
VENDOR NAME:
VENDOR INFORMATION SHEET
TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL
FEDERAL EMPLOYEE ID
OR SOCIAL SECURITY#: /
DATE OF ORGANIZATION:
IF APPLICABLE: DATE FILED:
STATE FILED:
If a non-publicly owned Corporation:
CORPORATION NAME: 1�_Tl� —7/)/D, ,tJG
LIST CIPAL ST KHOLDERS: (5% of outstanding shares)
LIST OFFICERS AND DIRECTORS:
NAME TITLE
vt``77ZtC' 4 c s
If a partnership:
PARTNERSHIP NAME: /tea
LIST PARTNERS NAMES:
Proposal Package 3 of 10
ADDRESS RECORD FORM
MAIL BID TO: g
VENDOR NAME: �� �� ;2 �1
ADDRESS: Well /D12
CONTACT: 6G�1/NC
TELEPHONE: -3/- 7.) FAX:
. . LL
b
E-MAIL: k i,el a sZ r 1'r -
ONLY if different -
MAIL PURCHASE ORDER TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: / E-MAIL:
ONLY if different -
MAIL PAYMENT TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
Proposal Package 4 of 10
VENDOR NAME: ��1 �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 resolu4idmust be attached; if a partnership, by one of
the partners or other person authorized by �,, iting signed by at least one general partner and
submitted with the bid or previously filed ith the Purchasing Agent.
The submission of this constitute ,a certification that no Town Officer has any interest therein.
(Note: In the event that any TqOfficer has any such interest, the full nature thereof should be
disclosed below. It is notforbidden that individuals working for the Town of Southold or other
municipality bid on cont Zts 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
I
FAILURE TO PROVIDE SPECIFIED INSURANCE*SEQU F DER.
IGNATURE
Proposal Package 5 of 10
AFFIDAVIT OF NON-COLLUSION
I hereby attest that I am the person responsible within my firm for the final decision as to the
prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from
that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement for the purpose of restricting competition with any other
contractor, bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person
who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid
opening.
3. No attempt has been made or will be made to solicit, cause or induce any firm or person to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any
intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,
or inducement from any firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of
materials or services from any other firm or person, or offered, promised or paid cash or
anything of value to any firm or person, whether in connection with this or any other project, in
consideration for an agreement or promise by any 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 t preparation, approval or submission of my firm's bid on this
project and have bee advise by each of them that he or she has not participated in any
communication, con ltation, iscussion, agreement, collusion, act or other conduct inconsistent
wit y of the stat ments representations made in this affidavit.
Th e s' id er the penalties of perjury, affirms the truth thereof.
N O BEFORE ME THIS
S a Company ition
SW
�(j/IE'%GT ,�f, �r✓(�/lf"� �`S� DAY OF 20�1
Type Name&Company Position
Company Name NOT Y PUBLIC
6- Z-/ /� 'TARA N ARCHER
Date Signed Notary Public,State of New York
Registration#01AR6335397
1 Qualified In Suffolk County
Federal I.D.Number Commission Expires Jan. 11, 2020
Proposal Package 6 of 10
THE PROPOSAL FORM
Dean's Parking Lot Improvements
VENDOR NAME: VTe - iJa Zi(f,
VENDOR ADDRESS: S-i ell ZZ)
ff
TELEPHONE NUMBER: f�3�" 7's 6� FAX:
The undersigned bidder has carefully examined the Contract Documents and will provide all
necessary labor, materials, equipment and incidentals as necessary and called for in the said
Contract Documents in the manner prescribed therein and in said Contract, and in accordance with
the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form.
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, the bid must be signed by an officer of the corporation, or other person authorized by
resolution of the board of directors, and in such case a copy of the resolution must be attached; if a
partnership, by one of the partners or other person authorized by a writing signed,by at least one
general partner and submitted with the bid documents.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipalities bid on contracts, but only that such interest be revealed when they do bid.)
v
The undersigned hereby acknowledges receipt of the following Addenda(if node were issued please
write N/A below):
Addendum No. Dated
Proposal Package 7 of 10
Dean's Parking Lot Improvements
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
jDemolition
of existing asphalt,cuurrbinng-,,sidewalk and trees
r I
411222,
/'
/LS /tet��
Dollars Cents �,j l1122
Construct New Concrete Curbing O
2 862 , 57D / �l
for � � �V 0 /LF �!
—I Dollars Cents
3 75
�CJoonstruuctt Inte/g/rall Concrete Curbing and
J5'Wide Sidewalk
for o`er P/y{iL ui+�eG "� /LF
Dollars Cents
Construct 5'Wide Concrete Sidewalk /,,, 7 /
4 205 for �/ X�/ pl"� /LF �� f C i ✓
Dollars Cents
Construct Ccrete Aprons ��
5 140 .for iql'V. I /LF
Dollars Cents
n Rais cast Iron Grates and Covers to FingalGrade
2 8 for -I V"k11V •-F A"C� /EA
Dollars Cents
Asphalt Pavement Shim Mix / �� /
6 100 �j r 7� J
for `0�A' _ f(V /TON ++,�00 �l
Dollars Cents V l
7 400
�� W'�
Pavement Wearing Course � AO,
11 � J
for I/V /TON l_
Dollars Cents
Proposal Package 8 of 10
Dean's Parking Lot Improvements
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
Thermoplastic Pavement Markings j V�
8 600 r �(
for S1 6` /,/)C> /SFj�
Dollars Cents d
1 6"Topsoil and Seed
9 540 /SY
for � 4
Dollars Cents
TOTAL BASE BID Items(Add All Items)
400 L41 4
` //bb
Dollars 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 9 of 10
AUTHORIZED SIGNATURE
PRINTNAME
TITLE
DATE rf
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF :1) �` ) ss.:
On the day of .l-` in the year 2019 before me, the undersigned, personally
appeared, .-A/ /1,vG //-l , personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s) whose n e(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/th executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the ns ent,the individual(s), or the person
upon behalf of which the individual(s) acted, executed t e i strument.
NOTA7 PUBLIC
TARA N ARCHER
Notary Public, State of New York
Registration#01AR6335397
Qualified In Suffolk County
Commission Expires Jan. 11,2020
Proposal Package 10 of 10
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 interrogat ies hereinafter made.
SUBMITTED BY: Corporation
-A-Partnership or Entity
FIRM NAME: 9,4r6 An Individual
PRINCIPAL OFFICE:
PRINCIPAL OFFICERS:
BACKGROUND
TITLE NAME ADDRESS PROFESSION/TRADE
Qj1/i �al Flo dl S '%y�� -)1 -3i' wl
"gjJ40 /C- /)n r111-R.
1. How many years has your organization'been in business under its•present business name?
2. You normally perform what percent of the work with your own•forces?
List trades that you organization normally performs below:
pw
3. Have you ever failed to complete any work awarded to you?Wd. 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.
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.
6. List the major construction projects your organization has underway at this date:
Name of: Engineer/
Project Owner Architect Contract Percent Scheduled
Name Telephone# Telephone# Amount Complete Completion
/ l Ski. 102vCps ��i-//��7r`r�"•�y
G1o�IiG��I� ,✓GIS u �A`17V 2 Doo
/,V Z"co
7.. List five majonprojects 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# Tele hone# Amount Completion %of Work
�j b� SIS
A-V
QS-2
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 r jection of the Bidder's Proposal.
STATE OF
COUNTY OF )
P'Lbeing duly sworn deposes and says that he is
;Ms
of /Z,:rq �,�i1. 7xjc- contractor and that
uestions and all statements therein contained are true and correct.
ed bid)
Sworn to before me t �LLof Q 2019
Notary Public
Commission Expira on ate: p 10
TARA N ARCHER
f Notary Public, State of New York
Registration#01AR6335397
Qualified In Suffolk County
Commission Expires Jan. 11,2020
QS-4
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 Cqpaciiy
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?
10. Bank References:
;r:
lgvdye
Z, 3/- `62 -Z v S-0
11. Trade Association Membership:
N/
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?
QS-3
Patricia A. Panchak
14 CENTER DRIVE
RIVERHEAD, NY 11901
Phone: (631) 727-5600
Email: KJ BIN DUSTR IES@AOL.COM
EDUCATION
1966 St. Edmund High School
1966-1969 Merrimack College
EMPLOYMENT
1994-Present President&Owner, KJB Industries, Inc.
Responsible for all aspects of running business.
1989- 1998 Suffolk County National Bank.
Teller, Platform, and Sr. Trainer in training department.
MICHAEL Vo PANCHAK
18 CENTER DRIVE
RIVERHEAD, NY 11901
Phone: (631) 727-5600
Email: KJBINDUSTRIES@AOL.COM
EDUCATION
1992 Riverhead High School
EMPLOYMENT
2004-Present Vice President-KJB Industries Inc.
Vice President and working foreman of KJB Industries Inc.
Responsible for field work,running crews, equipment and time
Management.
1994-Present Vice-President-Foreman KJB Industries, Inc.
Responsible for all field work, running crews, equipment and
time management. Responsible for all hiring and firing of
employees.
1992- 1994 Laborer-Newborn Construction Inc.
Union Laborer-working on trench restoration for LILCO and other
heavy highway contracts
!990- 1992 Laborer, D &F Masons
Doing Belgian Block curbs and brick pavers for two summers.
PROFILE I am a highly motivated, success driven individual dedicated to
professionalism, detail, and high standards in excellence. I am
able to work independently and as part of a team. My interests
lie in within the community of Riverhead.
EXPERIENCE
1994- Present Vice President, Personnel and Equipment Manager
KJB Industries DBA Eagle Asphalt Inc.
- Responsible for scheduling of projects including:
- Purchase and delivery of materials
- Equipment
- Labor
- Acquisition and maintenance of equipment and trucks
- Hiring and supervision of employees
1992-1994 - Local 1298 Laborer
Newborne Construction, Center Moriches, N.Y.
- Road construction and repair
- Drainage
- Fiber optic duct work
CERTIFICATIONS
Robert M.Panchak,P.E.
14 Center Drive
Riverhead,NY 11901
(631)7274243
Experience April 2004—Present—Estimator KJB Industries Inc.
April 2005 to December 2009—Town of Southampton—
Public Works Engineer—Design and inspect Stormwater
Abatement Program.
March 1997 to March 2005-Town of Southampton-
Public Works Engineer- Supervise the operation of four
Transfer Stations. Coordinate the transportation of materials ,
to various recycling centers. Supervise staff of fifteen. Design and
inspect Stormwater Abatement Program.
January 1994 to March 1997-Newborn Construction,
Center Moriches,New York-Coordinate,plan and run,
reconstruction of Route 135, Seaford Oyster Bay Expressway.
Responsible for meeting with State Inspectors and overseeing
resolutions to any problems that may have occurred.
May 1981 to December 1992-South Fork Asphalt Corporation,
Easthampton,New York-Vice President and General Manager.
September 1978-May 1981 -Lizza Industries,Roslyn,N.Y.-
Technical Engineer for Midhampton Asphalt Corporation.
May 1977-September 1978-Harlan Engineering,Fort
Meyers,Florida-Branch Manager-supervised staff or eight.
June 1969-May 1977-New York State Department of
Transportation-Engineer Materials Section-Design Section.
Capabilities: Ability to analyze and synthesize input from various sources.
Broad internal focus of attention in conceptualizing relationships
among events,able to plan(business projections),develop
strategies,and anticipate consequences of action. Adjust quickly
to changes in priorities and generate creative approaches to
problems-
Edue 'on• Licensed Professional Engineer-New York and Florida.
S.0 N.Y.Farmingdale-Workshops in Project Management
Plwning, Scheduling and Control.
Construction Cost Estimating by University Seminars,New York
City,New York.
B.S.C.E..-Merrimack College,North Andover Massachusetts-
Civ}1 Engineering May 1969
Achi�Ymws: Long Island Chapter Society of Asphalt Technologists-Board of
Directors, 1985 to 1988
Loyal Order of Moose-member
Amerlean Society of Civil En&eers
AC 3294-5(4/12)
{ NEW YORK STATE
VENDOR RESPONSIBILITY QUESTIONNAIRE
ATTACHMENT A—COMPLETED CONSTRUCTION CONTRACTS
Vendor Name:
NYS Vendor ID:
Question 3.0: List the ten most recent construction contracts the Business Entity has completed.If less than ten,include most recent subcontracts on projects up to'that
number:
I• Agenc O ner
�AwaVrd�Daite, �Amount Date Completed
'� o'3{
Cont Person S Teleplione No. Designer Architect and/or Design Engineer
Contract No. e •Sub Joint Venture(JV)Name,if applicable EIN of JV, if applicable
2• AgenciS/ Erb Date �Aniount 7/Z
e Completed
,,�� ((�� [Award
Z Fez—, �l3/
Co tact//Pers
/gpn UTelephone No. i7Deysiner Architec nd/or Design
sEngi/n er{•�
Cont7-f0.�t No. Prime or Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable
3• Agency/Owner Award Date Ai oust Date Completed
I'/' G��e,° �- ' q�- elly oder p-.? /-7 6 / e �O
C ntact Person Telephone No. Dei ner Architect and/or Design Engineer
�2 ��u,nei2. 6:W 477— OZ4ee (� �.✓�i',✓e��5
Contract No, gime' Sub Joint Venture(JV)Name,if applicable EIN of JV,if applicable
_1V•-0(-'D
°I• Agen y/Owner / Award Date Amount Date Completed
Contact Person Telephone No. Designe} Archit ct and/o DIC sneer
n n i
C,2•ee J rad/ Ire7- °gr g
Contract No. Prime r Sub Joint Venture(JV)Name,if applicable EIN of JV, if applicable
5• Agency/Owner _-5/`, s ��< / Award�Date Amount TkDateCompleted
Co act Person Telephone No. Designer Architect and/or Design Engineer
Uhvl-
Contract No. Prime o ub Joint Venture(JV)Name,if applicable EIN of JV,if applicable
�•s'2 ld C
Page 1 of 2
AC 3294.5(4/12)
NE YORK STATE
VIi,N DOR RESPONSIBILITY TY QUESTIONNAI RE4
AT'TACIEfl1i E'NT A.—COMPLETED CONSTRUCTION CONTRACTS
Vendor Name:
NO'S Vendor ID.
Question 3.0: List the ten most recent construction contracts the Business Entity has completed. 1_ 1 Less tlt.in ten,include most recent subcontracts on projects up to that
number:
G• Agency/Owner p��� � �
A6ward Date A,ngi'r�t�� Dale Completed
/ 7 !S?"'' �f�17
Con�tac�/Person /y+A n _ Telephone No, jDesig'np;j
Architec}�n /or Des' n Engineer
Contract No. Pt it Sr > Gy Ml% V7
D o,t9 49 � t�� Joint Venture(JV)Name,if applicable
EIN of JV; if applicable
7• Agency/owner
� Dl Sof `- Award Date dAmount Date Completed
Cont l P rso t 7 �`J! �!7 dD� fir' �d
Telephone No, Designer Architec and/or Des' n En ineer
Ir elf
Contract No. Pointe ub Joint Venture(,IV)Name, if applicable
EIN of JV, if applicable
S• Agency/Owl
Aavard Dale Amount Date Completed
Contac Person Telephone No. Designer Ar•hitecl and/or Design Engineer
W
rJ r
Contract No. tf line r Sub Joint Venture m
(JV)Nae, if applicable
EIN ofJV, if applicable
`�• Agency/Owner �/1�17
��� ward DaAntowrt Date Completed
ct Person —►L' �`� ` /, � 5� ' `✓l'
l
l� Telephone No. D% iDzer Arctit.,ct and/or Design Gn giueer
Contract No. �+ �E
lsrimf•Sub Joint Venture(JV)Name, if applicable
EIN of.IV, ii'applicable
10. Agency/Owner n
�/'W Award Da` Antolini a J yDale Completed
Contact Person ✓`a �
�, ��OrJ Tele hone No. Designer Architect and/or Design Engineer
Contract No. �� r or Sub Joint Venture(JV)Name,ifapp)icable
EIN of JV, if applicable
Page 2 of 2
:y Colonial Surety Company
Administrative Office
123 Tice Boulevard, Suite 250
Woodcliff Lake, NJ 07677
201-573-8788
BID BOND
Approved by The American Institute of Architects A.I.A.
Document No.A-310 (Feb.1970 Edition)
KNOW ALL PERSONS BY THESE PRESENTS, that we,
KJB INDUSTRIES INC., Riverhead, NY
as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly
organized under the laws of the Commonwealth'of Pennsylvania, as Surety, hereinafter called the
Surety, are held and firmly bound unto
Town of Southold, Southold, NY
as Obligee,.hereinafter called the Obligee, in the sum of
5% of amount bid not to exceed $12500
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for
Construct Parking Lot
NOW,THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds
as may be specified in the bidding or Contract Documents with good and sufficient surety for the
faithful performance of such Contract and for the prompt payment of labor and material furnished in the
prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such
bond or bonds, if the Principal shall pay to the Obligee the difference.not to exceed the penalty hereof
between the amount specified in said,bid and such larger amount for which the Obligee may in good
faith contract with another party to perform the Work covered by said bid, then this obligation shall be
null and void, otherwise to remain in I force and effect.
Signed and sealed this 2nd da f M 2019.
KJB INDUSTRIES INC.
Witness:
Robert Panchak (Principal/Title) (Seal)
Colonial Surety Company
Witness:
ert Panchak Philip Shepar (Attor y-in-fact) (Seal)
Y�
t
COLONIAL SURETY COMPANY
Duncannon,Pennsylvania
Administrative Office*123 Tice Boulevard,Woodcliff Lake,New Jersey 07677
GENERAL POWER OF ATTORNEY
Know all Men by These Presents,That COLONIAL SURETY COMPANY,a corporation duly organized and existing under the laws
of the Commonwealth of Pennsylvania and having an administrative office in Woodcliff Lake, Bergen County, NJ does by these presents
make,constitute and appoint Philip Shepard of Riverhead,NY
Its true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred In Its name, place and stead, to execute,
acknowledge and deliver.
Bid Bonds and Consent of Surety Only
and to bind the Company thereby as fully and to the same extent as If such bids were signed by the President,sealed with the corporate
seal of the Company and duly attested by Its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do In the
premises.Said appointment is made under and by authority of the following resolution adopted by the Board of directors of the Colonial
Surety Company at a meeting held on the 25th day of July,1950
"Be it Resolved,that the President,any Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with
full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the
Company subject to the following provisions:
"Section L Attorney-In-Fact Attorney-In-Fact may be given full power and authority for and In the name of and on behalf of the
Company,to execute,acknowledge and deliver,bid bonds and consent of surety only,recognlzances,contracts,agreements of Indemnity
and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability
thereunder, and any such Instruments so executed by any such Attorney-In-Fact shall be binding upon the Company as if signed by the
President and sealed and attested by the Corporate Secretary."
"In Witness Whereof,Colonial Surety Company has caused these presents to be signed by Its President
and Its corporate seal to be hereto affixed the 8th day of September .A.D.,2015.
\oc`a�surety CF�Q COLONIAL SURETY COMPANY
State of New Jersey o °'�
V Incorporated `L
.S.S. — — BY 64� t�
County of Bergen * 1930 * Wayne Nunziata,President
%nsylve,0
On this 8th day of September in the year 2015, before me
Theresa Spinelri a notary public, personally appeared
Wayne Nunziata personally known to me to be the person who
executed the within Instrument as President on behalf of the corporation therein named and
acknowledged to me that the corporation executed It
THERESA SPINELLI r r
ANotaryPubGcof New Jersey Lhe4i�__
�d1D My Comm6sion E>pues September g,±ola
Theresa Spinelli Notary Public
I,the undersigned Secretary of Colonial Surety Company,hereby certify that the above and foregoing is a full,true and correct
copy of the Original Power of Attorney Issued by said Company,and do hereby further certify that the said Power of Attorney is still in
force and effect.
And I do hereby further certify that the Certification of this Power of Attorney Is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting duly called and held on
the 30th of January 1968,and that said resolution has not been amended or repealed:
RESOLVED,that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of Corporation, may
be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation,and that such printed facsimile signature
and seal shall be valid and binding upon this Corporation."
GIVEN under my hand and the seal of said Company,at Woodcliff Lake, New Jersey this 2nd day of
May 20 19
Formal panted h Blueinkand/or Black df
For verd>caI¢aa of f the authenlncAy d Ifus Power of Anomey you xray call(201)573-8788 and ask
W the Power d Attorney clerk.Please refer to[be above named odmdugs)and doWs of the iV
bond to whzh the power rs attached
Audie B Murphy,Secr ary
Form 5-100-101(Rev 09/15)
Colonial Surety Company
Duncannon,Pennsylvania
-Inc 1930-
Balance Sheet as at December 31, 2017
Cash&Invested Assets: Liabilities:
Cash.............................. $4,424,000 Outstanding Losses and Loss Expenses...$10,165,383
Short Term Investments...... 2,331,652 Unearned Premiums....................... 9,169,640
Bonds*........................... 45,450,110 Funds Held.................................. 425,959
Accrued Investment Income... 438,089 Reinsurance Payable....................... 712,559
Mortgage Loans................ 4,907,645 Accrued Expenses......................... 262,025
Income Taxes Payable..................... 683,289
Provision for Reinsurance................ 57,641
Payable to parent,subsidiaries
and Affiliates............................... 29,469
Total Cash&Invested Assets..$57,551,496 Total Liabilities............................ $21,505,429
Other Assets: Capital&Surplus:
Premiums Receivable........... $2,246,811 Common Capital Stock.................. $4,000,000
Funds Held—Collateral......... 425,959 Additional Paid in Capital............... 1,000,000
Reinsurance Recoverable....... 1,326,306 Unassigned Surplus....................... 35,515,924
Net Deferred Tax Assets........ 471,317
Total Capital&Surplus................. $40,515,924
Total Admitted Assets.......... $57,114,244 Total Liabilities,Capital&Surplus... $62,021,889
*Bonds and stocks are valued on basis approved by National Association of Insurance Commissioners.
STATE OF NEW JERSEY }
ss.:
COUNTY OF BERGEN }
I,Wayne Nunziata,President of Colonial Surety Company, do herby certify that the foregoing is a full,
true and correct copy of the Financial Statement of said Company, as of December 31,2017.
IN WITNESS WHEREOF,I have signed this statement at Woodcliff Lake,New Jersey,this 23rd day
of March,2018.
9
Wayne Nunziata President
Notary
Public
ie ,
THERESA SPINELLI Theresa Spinelli Notary Public
A Notary Public of New Jersey
My Commission Expires September 9, 2020
TOWN OF SOUTHOLD
DEAN'S PARKING LOT IMNPROVEMENTS
CONSTRUCTION SPECIFICATIONS
SOUTHOLD, SUFFOLK COUNTY,NEW YORK
v
Prepared Bv:
TOWN OF SOUTHOLD
Engineering Department
53095 Main Road
Southold,New York 11971
April 18, 2019 (631) 765-1560
' R
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: "DEAN'S PARKING LOT IMPROVEMENTS"
Definite specifications may be obtained at the Southold Town Clerk's Office beginning April 18,
2019
PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS:
TOWN OF SOUTHOLD May 2,2019 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
either money order, cash or business check(payable to the Town of Southold).
A non-mandatory pre-bidder's conference will be held at 10:00"on April 24, 2019 at the site located
at 13285 Sound Avenue in Mattituck,New York.
The Town of Southold welcomes and encourages minority and women-owned businesses to participate in
the bidding process.
TABLE OF CONTENTS
TOWN OF SOUTHOLD
DEAN'S PARKING LOT IMPROVEMENTS
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 1-3
f
Contract Drawings
l
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 '
T Construction Terms and Conditions
8. Security for Faithful Performance and Maintenance
9. Bid Reservations
10. Non-Collusive Statement
11. Addenda and lnterpretations•. .
12. Method of Award
13. Single'Price Bid Analysis
14: Municipal Exempt Status
15" 'Labor Law
-16. Wage'Rafes '
17. :Insurance Required by the Town of Southold '
'4 8'. Quantities ,
IB - 1
. -INSTRUCTIONS TO BIDDERS
1. RECEIPT AND OPENING OF BIDS
The Town of Southold invites bids on the forms herein provided for the Dean's Parking Lot
Improvements located at 13285 Sound Avenue in Mattituck, 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, May 2"d, 2019, at which time they will be
opened and publicly read aloud.
i
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 assuines 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 OYPROPOSAL
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
groundslo,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 until filing and approval of the Performance Bond and until the completion of ten
percent(10%)of the work under the Contract.
IB -2
=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 thirty-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 t do the work;;and the bidder shall-furnish,to the
Town, on:request, all data land,information pertinent-thereto. The Town•;reserves the<right to
reject any bid if such investigation fails to'satisfy the.Townithat the bidder, is-fully qualified to do
the work. Financial,instability-of a bidder may be cause for,non-award.
5. REJECTION OF BIDS
(a) The TOWN BOARDt reserves;the,right,wreject any,bid if the,evidence:submitted:in the
'qualifications,stateiient,orian;investigation ofsiich.bidder fails.to satisfy,the TOWN-BOARD
that such:bidder.is;propeflyrqualified 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.
} A f
::(b)The TOWNOBOARD reserves the right to'reject,any,and'all.bid's;-in whole.or in part,to waive
.-'any,informality'-inl dny,-or all,bids, and to accepvthe:bid or part-thereof which lit deemsmost
<favorable.to therTown'after-alli bids have been examined,and/or,checked.
-6. BIDDERS RESPONSIBILITY 1
(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 r the paragraph.of the Contract which
debars ,a .Contractor ,from pleading I misunderstanding r 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 imade 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,,4abor, 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 fully 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: . . I r; 1, .,. ,
(f)No pleas of ignorance or misunderstanding of conditions•that exist or,that-may-hereafter, exist,
or,of conditions or,dif(iculties,that,maybe encountered in the,dxecutioni of the work under this
Contract,:as:a result of failure to make the necessary examinations and investigations, will,be to
fulfill in,.everytdetail•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
i.The successful bidder-.is=warirnedrthat the work,specified in,the Conditiof&bf Contract, together
'..{with:the-Instructions ito-Bidders; Proposal,-Eoim,,General.Conditions,..P.lans, Specifications and
�instructions of the Engineer.or'his duly•authorized;representative will be rigidly.enforced. -
8. SECURITY FOR FAITHFUL JPERFORINIANCE AND MAINTENANCE
,,The successful bidder Aall,rbe,required .to:execute-a Performance Bond equal,to one,hundred
percent,t 1.00%)of the-amount,bid, such�bonds.to.be executed,byaNew!York licensed insurance
carrier/surety company, with an &,rating or better from A.M:''Best & Co. and acceptable to the
Owner; or bonds secured by collateral; or securities approved by the Owner. The Performance
Bond shall be written so as to remain in full force and effect'as;a maintenance bond for:a period
of not less than one(1)year after the date of final acceptance of the work.
E
The,successful bidder;upon failure'to'execute and deliverthe bonds-required within ten('10)days
after the.date of notice of award,:shall forfeit to the,Owner;as liquidated damages for such failure
or refusal,the security deposited.with his bid, and he'willbe liable forand he agrees to pay to the
Owner on demand,-,,the difference between the price bid and the,price for which such contract
shall'-subsequently be re-let including the cost,of isuch re-letting.less the amount of such deposit.
No plea of mistake in such accepted,bid shall be available to ;the.bidder for recovery of his
deposit or as a defense to any action upon accepted bid unless said mistake can be proven by
documentary evidence acceptable to the Town.
After approval of the bonds and,.execution of the.Contract and after ten (10)percent of the work
has been completed,the bid security accompanying the bid will be returned.
IB -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-anyzo - etitor.
11. ADDENDA AND INTERPRETATIONS
-Every request for information'or:interpretation of the'Contract Documents'or Drawings must be
addressed in,-writing•tas theF Town Engineering Departnietlt,of Southold•53095, Main�Road
Southold, New York 1.1971 (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 irrlhe form.-iof 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 sulimilteci. 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 bbst promote the
public interest,taking into consideration th&r'eliability 4the 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 apart hereof. ,
16. WAGE RATES
The rates of wages determined by the New York State.Industrial:Commissioner pursuant4to the
Labor Law, which shall be paid on this project, are set forth herein following the Instructions to
Bidders. r
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 franscript'of the original payroll
records, subscribed and•afErmed•as true under the penalties of perjury:,
17. INSURANCE REQUIRED BY THE TOW. N 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 , ;3
(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
4`
Any quantities set forth in the bid specifications are approximations only. No guarantee is made
for any quantities stated.Payment shall beton the'basis•of actual quantities supplied-or the actual
work done at the unit prices quoted.
IB - 6
STANDARD INSURANCE REQUIREMENTS- 1 "
TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS—
INSURANCE
INSURANCE IDENTIFICATION: ,TIIE BID NUMBER IS TO APPEAR ON ALL-INSURANCE
CERTIFICATES
INDEPENDENT CONTRACTOR: The'Corporation/Contractor/Agency/Consultant;,is an independent
contractor and covenants and agrees that it, its agents, servants and/or employeesgiwill 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 uicluding, butnot limited '
to Worker's `Compensation coverage,` Unemployment•Insufance°benefits, -Social,Security coverage or
retirement membership or credit. k-
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 Southdld'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 arid+�ameridments thereto and from any_oilier°_claiin's'.for-property`damage-.arid 'for`- r
personal rinjury-including"'death, which may•arise from'operations, und'e`r`this'contract,`whether such
opefations,by contractor`o'r by any other;party directly or,indirectly eriiployed-by the'coritractor. Copy,of '
Certificate to`be,prowided`to the Town of Southold.'
DISABILITY INSURANCE &-UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out
and maintain during the entire term of the contract any disability benefits-arid 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-iinjury" liability and"property'damage�'liability insurance as'shall"protect
him-arid the Town from claims,foi'damages for,bodily injury includingraccidental•death, as well as'from
claims for property damage which may'=arise from operations under tliis•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 ark 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 anyone accident, and in'`an amount of
not less than$1,000,000 (one million dollars) on account of all accidents(general aggregate).
LXCESS%UMBRELLA YNS'URANCE: 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 OYCOMMERCIAL�GENERAL LIABILITY INSURANCE: _
1. Coverage shall be written on commerciatzgeneral liability,form.
2. Coverage shall include:
A. Contractual liability, ,
B. Independent contractors
! i C. Products and completed;operations j
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) i
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'PRROTECTIVE =LIABILITY: ,An OCP Policy -shall.',be required by .the.Town,of
Southold in,limits of;$1,000;000,combined single limit, each occurrence,,$1,Q00,0QQ,,General Aggregate.
This msurance_must fully cover,the,legal,liability of the-Contractor;NAMING-THE CONTRACTQR 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 contr,actor's/.vendor',s,policies of insurance are cancelled or,not renewed during-the life of
the.contract, 'immediate,notice of,cancellation of non-renewal,shall,be,delivered to the Town no less
than 10 days prior to the date and time of cancellation or.non-renewal. „
CERTIFICATE OF'INSURANCE: The contractor/vendor shall file with.the Town of Southold prior
'to commencing work under this contract,a certificate of insurance.
1. ,Certificate of insurance shall include;
jig: ,
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"alt policies on certificate.
includedon certificate
SIR-2
STANDARD INSURANCE REQUIREMENTS
w.-a-,
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B. 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
GENERAL CONDITIONS
INDEX
1:. Definitions of Terms
2. Standards of Workmanship
3. Samples
4.: Manufactured Materials,
5. Laboratory , `f
6. Shop-Drawings
7. Permits
8. Plans and Specifications
9. Cutting,Patching and Digging
10. Errors, Omissions and Discrepancies
l L •Temporary Office&Toilet
12. Proper Method of Work and Proper Materials
13. Inspection
14. Waiver
15. Water and Electric Power
16: Machinery and Equipment
17. Maintenance
18. Schedule of Operations
19. Right to Use Work
20. Notice of Warning. .
21. Warning;Signs
22:. Accident Prevention ;
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, �ete. 'contained in this
document, together with all documents of any description and agreements made (onto 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.
ENGINEER (ARCHITECT): the Owner and/or duly authorized-•repr`esentative 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, Performance Bonds;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 snake any
and all necessary inspections of the work performed and the materials furnished bythe,Contract. ;
MATERIALS: Any approved materials acceptable to the Engineer, and,-conforming to the
requirements of these Specifications.
WORK: All of the work proposed to be accomplished at the site of the project, and allsuch 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
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 iri force are not chargeable against the specified completion
date.
7. LIQUIDATED DAMAGES FOR DELAYS
-The time limit being esseritial'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 underr.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 th'Aime 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 sof 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,o£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 terthin ate the
Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the
=Contractor'from full'responsibility-for-performance of-h-i's"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 andmake,good any work that is injured.
10. CONTRACT SECURITY
(a) The Contractor shall furnish a Performance Bond, or other acceptable security, equal~to one
.:hundred'percent'(100%) of the-amount of the bid as security for the faithful performance of the
Contract, and for the payment,of all persons, performing `labor or furiiishing materials in
connection with this Contract. The Performance Bond' shall;be written so as to remain in full
force and,effect as a maintenance bond fora period of not-less than one(1) year after the date of
acceptance of the work by the Engineer.
CC-4
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 fortlidn the Contract; or
2)If no such unit,prices,are set forth, 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 are;so set forth and if the-parties cannot 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 Compensation.Insurance,payroll taxes-,required by law,
rental for plant and equipment used (excluding small tools) to which total cost will be added
twenty.(20) percent a& full, compensation;ifor all other.items of-profit; costs and,expenses,
including administration;:overhead; superintendence,,,insurance, insurance other.than Workmen's
Compensation Insurance, materials- used.iii-temporary, structures; allowances,made)iby, the
is Contractor,to subcontractors, additional premiums uporiAhe performance bond.of the Contractor
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 OE_A PUBLIC
IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH
PROVISIONS:ARE OF THE ESSENCE OF THIS CONTRACT.
5. COMMENCEMENYOF WORK
The Contractor agrees,that he will commence work,immediately on and not zlater 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 shaltbe,the date•oftheiCertification 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
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; title's,, 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 involvestharige's'in 'oriadditions to work
required by the Plans, Specifications and any Addenda in their pre'sdrif 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,corpioration 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£itsrduly 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,AcceptableVhdnever they"refer to the workor'ifis'performance,
"directed", required , permitted , "ordered", designated , prescribed , and words of like
import shall imply the direction, requirement, permission; order,,.designati, 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
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
16. Contract Security
11. Laws'and-Ordinances
12. Qualifications-for Employment ,
13. Non-Dlikhmination
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. Co:, Title to Materials
22. Superintendence by Contractor''
23. Protection of Work,Persons and Property
24. Representation sof Cojltracfor r '
25.' Patent Rights' '
26. Authority,of the Engineer, '
27. Changes,and Alterations.. t-
2$. . 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. Respongibility'&`Work
34. Use of Premises and Removal'of Debris
35. Suits of Law ° -1"
16. ' Power of the Contractor toAct in afrEmergency
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,Contraciors
43. Lien Law
44: Refusal to Waive Immunity
45. Exemption from Sales and Use Tax' 1
CC - 1
GENERAL CONDITIONS
30. SUBCONTRACTORS AND;SUPPLIERS: Within five'days after receipt from the Engineer
of notice to'begin work;the Contractor wiTfuriush written notice.of names of all subcontractors,to
be einployed.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 approvalrby,the Owner.
31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as,follows:
Construction orVastin .near pipes conve:dng combustible gas
No person shall discharge explosives in the ground,nor shall any person:othenthan'a state or county
employee regularly engaged in the,maintenance and repair thereof excavate in any then existing
street,-highway,'of public place,: unless notice-'thereof in writuigwshall-have,Abeen given`at least
seventy:two hoursdmadvance'to the person;,corporation oirminicipality engaged in the.distribution
of gas;in such territory: The:person having.direction or control-of-such work shall-give such,notice,
an&further`he-shall.ascertain whether there is'within'one'hundred feet-in such:street;'highway or
public.place,.oflin the'base,of a proposed;discharge,of explosives withinn-a radius.of two hundred
feet of such-,•discharge;:any-pipe: of-lany-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. s
- 1
GC - 12
GENERAL CONDITIONS
26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY:
-Wherever in the conduct of the work,•a monument marking is 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 landmarkings 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;thatmay 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-storage, 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. X `
27:.PROTECTION OF UTILITIES:. The Contractor-shall Tamiliarize,himself with.the existence
of structures-of municipal andtother.public service corporations-on or-adjoining"the,site of the-work,
,and give reasonable,bpportunity to and,cooperationwith'the owners of-these utilities iin,the work of
reconstructing or=altering,,them. Such'reconstruction'and,,alteration shall.beso.c6nducted!asto�deiay
,oninterfere as little as practicable-with the workof the.Contractor: Any additional cost.of various
items of work because of these utilities shall•be'included in:the=price bid+for,these-items:
,Tho,Engineer shall direct.the public utility corporations,to;shift,or,-remove.those,utility structures
that,,may:be'necessary to.permit the ContractorAo-carry!out the"work in.accordance with theiPlans:
The,Contractor shall,not remove or cause to be,'removed;iany.structure-onpart°of a structure owned
bya.public utility corporation without the approval ofthe:Engmeer:„ f"
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
22. ACCIDENT,PREVENTION: During the'performance of the'work, "the Contractor shall
exercise all reasonableprecautions 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'asregards 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 remedyany 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-tune`s for safe,
prosecution of the work.
23: DAMAGES: 'The Contractor shall'pay and,make good all,"I&sses'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 therOwner.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 Agreernent'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•p'roper.di-ainage ditches, erect,-temporary structures-where
necessary, prepare the'roads so there.will',be minimum interference with traffic, set up'andmaintain
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 1basins, 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
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, shalt 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 ifive•'(5).sdays after-the receipt of notice•from the Owner,
and if they Contractor shall fail:or ne'gle'ct to,start'tsuch,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 out°of any sum-retained by..them, provided.nothing herein contained shall limit
the liability of the Contractor,or his Surety'to the Owner for-,nonperformance of the.Contractor's
obligations at any time. ;
18. SCHEDULE OF, OPERATIONS:�,, Within. 5 days'after�the,signing of,the Coiltradt, the
Contractor,shall..submit a--proposed,-program of operations, showing clearly how.lie�proposes to
conduct the-work:so,•as'to,tiring about,the,completion of his work within th6,time limit specified.
This program-shallDoutline•the proposed sequence of operations, the rates of progress and the dates
when his work•will be;sufficiently advancedto 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 bel evidence of aeceptance by the"Owner or-the Engineer"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 rrefuse 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 bf'Warning,'and in the event the
Contractor.fails to comply with said Notice of Warning within;five(5)'days from receipt thereof,ahe
Owner,shall have the right to terminate the Contract.
21. _WARNING SIGNS: Contractor shall provide.and maintain,proper lunvnous 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
GENERALCONDITIONS
quality of the;work required, or the•required rate-_of progress; rhe may order-,=the.'Contractor to
increase their efficiency or to improve their•cliaracter,andahe.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 coristruction.throughout..All worksshall 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 3inspect'all work done,on materials.f n-nished.
Such inspections may extend to all parts of the work and to the preparation or manufacture of the
materials to be used. In case,ofany disputeaarising between the Contract&and=:the Inspector_as'to
materials furnished or the manner of performing the work, the Inspector shall have the authority to
reject materialorisuspend the work until the question at issue shall be referred.to and decided by the
Engineer. - The .Inspector_shall .not'be,authorized:tor revoke;:,alter,' enlarge;-relax,ok release;any .
requirements of these Specifications, nor=to.approve or.accept any.portion�.of thework, nor•to:issue
instruction contrary.to.the`Plans.andSpecifications: The Inspector shall.-in no case'aot.as foreman or
perform other duties for the Contractor or interfere with the manageinent'of'the work bythe latter.
Any.advice,,which the:Inspector.may give the Contractor, shall yin no way,°be construed:as-binding
the-Engineer-nor the Owner•in:•any way nor,releasing the,Contractor from the fulfillment-of the
terms okhe Contract:
The.Contractor shall,be conclusively:presumed ao'be acquainted with all existing.conditions and to
guarantee that all work and materials shall,upon final completion of the.work,be�tumed 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,-acrd accepted. The Contractor will be field responsible
for the entire wbik--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 albmaterials being manufactured are strictlyirf,accord with the Contract.
Until acceptance.of,work'bythe,Owner,the Contractor,shall be responsible.for•all damages to the
work -including.action, of the elements' or any other I 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,' moneys nor:any_paymeritfor=.or acceptance-of,_tlie whole or',any;part'of the work by the
Engineer or .the-Owner=nor any extensionbfAime nor any possession taken-by the Owner or its
employees:shall operate,.as`za, 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
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
ralter the work of any othertcontractor save with the.consent of the Engineer.
10. -ERRORS,OIVIISSIONS AND DISCREPANCIES: :• s=:.
a). If-any eriors;- omissions. or :discrepancies:appear in ,the, drawings,,.'Specifications,1-or .other
documents; the.Contractor?shall, Withinten day's from•receiving such Drawings,':Specifications:or
documents; .notify,.the•aEngineer in writing of such errors° or°,omissions. •, n.the= events�of.the
Contractor's fmilingato give:sdch•-notice;;he will be held responsible for the results-of any such.errors
or omissions and°the cost of rectifyingthesame.l
b) If,-in the.opinion.of the Contractor; any work-is'shown,on Drawings,,or details, ori 4s.specified im"
stichr;a=;mariner.as..will�make°sit_.impossible to-produce •a first•.,class piece-,of work,-,or_,,shbuld
discrepancies appear between the Drawings and/or Specifications, he shall refer,,the same=to=the
Engineer for interpretation before proceeding,with the work. If the Contractor fails to make such
references rto•the.Engineer,:no'excuse*will-thereafter;be:entertained,,for.lfailure:to-carry out,the work
iri satisfactory mannersas,directed. ;
• ...- =f, aiii , ,. . •;7` _ i. .�Y. 1. - f' t ..
c) Should d�conflict bccurdn or between the Drawings and-Specifications'and/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.` ;r '
11. ;,T EMPORARY OFFICE A TOILET:,,The.Contractor shall,provide an.office•-trailer_for use
by the:town,,and its representatives.'.The,trailer shall)bel climate controlled'and have-a•cleanplan
table,•desk and,chair provided.inside. The•=Contractor shall provide and i maintain a sanitary
temporary toilet where'directed,,,by'the.Engineer._ The temporary•toilet:Yshall.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:toiletxemoved from the site,. ,y
12: PROPER METHOD OF WORK-AND PROPER MATERIALS: The.Engineer shallhave
the power..,int 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
'7.3 State:of New York: The Contractor shall obtain all necessary New.York State highway permits
mheneverthe�Contract requires any,work to bei'done within or upon existing State'highway right-of-
ways. `� These permitsl•.shall: be,'obtained from.the-District Office in Hauppauge, prior to the
performance of,the work:.Upon application for the�perniit;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 I
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,peoplerof the State ofNew York and/or:the:Superintendent.of Public Works covering=liability
arising with.r'espectito,alt-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'f u-nished with-five sets of Plans,
and Specifications giving all the details and dimensions necessary for carrying out the work. One
.copy,of.Frans:and-,Specifications f n-nishedlto the 'Contractor musts 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.theintent, and meaning,of--the'Contract,shall•be--furnished,
performed and done as if the same were both mentioned in,the Specification's'and ,shown:ori the
Drawings. Any conflict or inconsistency,between the Plans and Specifications, or any discrepancy,
between the figures:and-scale„ofDrawings,`shall-be submitted by the,Contractor to the Engineer,
Whose decision thereon shall be'conclusive. ”
hi,_.the•eventthe.meaning.of any•portiomof the-Specifications or-'Drawings.or.anysupplementary
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 Flans 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 fiunished 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
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.G.) 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
gency.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'optionito,,exercise "The
owners right to,stop.work or,terminate contract" as pr•ovided•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 th&highway,•shall
.follow all the provisions,•as they•apply,.of•the Highway Law Asper Town Code Standards}with:all
,subsequent changes; additions or corrections thereto.
C. Any work to be performed within the Town Hi hway right-of-way will require a Town
Highway,Department road-opening permit. ,
Obtaining of the:;permit and, subsequent,,felease/approval :shall( be ,the-,-responsibility -of,the
Contractor. .,
Acceptance of the contractor's performancerbond in lieu of the Contractors road-opening-bond,,shall
-be at the,option,of the Highway.Department:
.7.2,Suffolk'.County:,-All permits required for opening County:roads and makingi_connections-with
County drains will be obtained by the Owner. A copy of the permit;which must be kept on they 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,drainuntil-he has been supplied:with:this
permit: , s
(a) Department of Public Works
' /101 - t
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'musLbe kept on the job at all,times, Will be
supplied to.the Contractor. The,Contractor will,riot be:petmitted-to'open any County road or make
any.connection to.any-County fdrain until he has been supplied with this,permit.
The Contractor shall be responsible for conformance to all conditions of the permit andfor 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
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 arid,schedules;has given notice-to the Engineer of,any such
deviations.
7. PERMITS: ;
7.1 Municipal: All work yin connection with the installation ofpipes 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,` asthey: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 ofwork 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 isrequired under state and/or local law.' ;
'The Owner shall,be responsible for6obtaining the,building!permit and.permit(s)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)�'F . Fire prevention'perniit
(3) Health DepartmendApplication: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.foriacquisition 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. approval's, (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
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, samples 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,=toxr quire 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 Contractors shall furnish the article
mentioned unless approval .of the .Engineer,is obtained. 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 such,permission and.state.credit:or extra involved. He shall also provide,supporting data
and samples for Engineer'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 Contractor shall submit such directions to the Engineer as
required.
The materials used in construction shall be disposed as notto 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 accessao othecwork 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
CONDITIONS OF CONTRACT
(b) Additional or Substitute Bond: If at any time the Owner shall be or become dissatisfied with
any surety or sureties, or if for any other reason such bond shall cease to be adequate security to
-the Owner, the Contractor shall within five (5) days after notice from the Owner to do' so,
substitute an acceptable bond in such form and,sum and signed by such other,surety as may be
satisfactory to the Owner. Thepremiums on such bonds:shall be made until'the new surety,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 Contract,
.,including-but not limited to, labor employed thereon, materials supplied;.obstructing streets and
highways, .maintaining•signals, .storing, handling�and use,of explosives:and all other'general
ordinances and state statutes affecting him or his .employees or his work hereunder yin:his
relations with the Municipality or any other persons, and also all laws, codes, ordinances,
cohtrolling or limiting the Contractor,while engaged in executing-the worktunder the Contract:'
As a:condition of the Contract, the Contractor shall,ands-does hereby.agrea to comply with all
-requirements;of the labor laws of the Stateiof'New York: _
The Contractor shalt comply with-the:provisions,o£Sections 291-299:of.the Executive Law.-and
:Civil:,&ights Law, shall furnish all,information-and reports deemed; necessary by,the State
°Commission• for.:Human.Rights;-,thes.Attorney General :and.,the�-Ir�.dustr.ial ,Commissioner.for
purposes of investigation to ascertain compliance with such sections of the Executive Law and
Civil/Rights.Law.
,.The,Contract maybe forthwith cancelled, terminated•or,suspended;-in,whol'e'or in part, by?the
-contracting agency=upon the,basis of a.finding-made by the State:Commission.for Human•Rights
that the,Contractor has-not compliedwith-these laws.. :,A' =
The:Contractor hereby" expresslyiagrees to.comply with all:the provisions,:of the-Labor Law and
.any and all amendments thereto,insofar asthe'same,'are"applicable,to this.Cnntract..The-Labor
Law;z ,as ,amended,',,provides ithat 'no; laborer,,workman or.=.mechanic- in the,,employ of the
Contractor;subcontractor- or,other person:doing,or contracting,to do,the whole or &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 suoh 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 ahe work'called for'under.this�Contract:or.upon any material used upon, or in
connection therewith; shall-riot be less than the.prevailing rate for:a day's Work,in the same trade
or occupation,in the Jocality within the'state where,such-work is:to!be done and each,laborer,
workman.or,mechanic employed bythe Contractor, subcontractor or other person'about;or upon
the work,shalLbe,paid the'wages herein provided;:that.employees.engaged in-the:construction,
maintenance;,and repair of highways and in water worksr construction outside the:limits,of cities
CC -5
COND'ITIONS 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:e'ight(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 all1his subcontractors
3.and 1urther provides that a violation!of this.section.shall.,constitate a=misdemeanor:and:shall be
zpunishablebya-fine bf,not less than Fifty:Dollars.($5Q:00)-nor more than,Five Hundred..Dollars
($500:00)•or,-by imprisonment for not less,than thirty nor more than ninety,days, or bothffine•and
i 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 du6on account of a contract,for a public improvement,"it is
the duty of the Comptroller or the financial officer.of-the Municipal Corporation to r 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
r:was-entered-into, ovif'for--a`ny-reason, it may,be:deemed':advisable,Ahe Comptroller'ofthe'-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 ion 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:Diinpaid-as,shown by the Verified statements filed by any contractor or
subcontractor and may.,pay directly to=any persomthe-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:
Section22041),of the:Labor Law provides1hat 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 shalh be designated by the Industrial Commissioner; to the
laborers employed in the.perforin'ance'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 Dollar's ($500.00).,6r by.imprisonment for'not,more than�thiry:(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 or
control,to:anypersonnor corporation for work-done.upon any.contract;.omwhich.the Contractor
has been convicted of second offerise in violation of the provisions of this section.:• `
The,minimum wage xates established•by`the Industrial Commissioner;,State of New.-York, for
this Contract are:set forth herein above as part of"Instructions tdi idders".:
12. "QUALIFICATIONS FOR EMPLOYMENT
. ,� , ,r ! :�.,r � `� .. •. _ ,tai . .: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 perform, any"work;ori`the 'project,under this
.Contra t::''No. person,_whose age ;or,physical,condition is such•:as'to make :his employment
dangerous.tohis,,healthor.safety or•to.the,healthior safety df.oilhers;:shalLbe employed to perform
:any,work,on;this#roject;,provided, however,(thatcsuch.restrictionsshall not.operate.againstthe
employment of physically handicapped persons, otherwise employable,:iwhere>each,person,may
be safely assigned to work which they can ably perform.
, :' . , i. ,. .. ., • ,i' '• :I+>, { °i;,atYi".3; .,s'i 'r'' �.
1&,,NON=DISCRIMINATION
There shall be no,discrimination because,of race, creed, color,national•origin;-age or sex in the
employment of,persons forwork under,this-Contract,:whether tperformed 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.F'ive Dollars ($5:00) for-each-.person ifor 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 iof 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-Tiendar 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: Inconsideration of the work done,the Owner-will.pay or cause to be
,paid to the.Contrda6f the amount estimated byrthe Engineer as due him less Sve(5)percent.
The making,of any such�estimate or payment made thereori'shall not betaken or construed as an
acceptance by.ahe..Owner,of any work so estimated and paid for. The five.percent,(5%0) of the
amount of the monthly.estimate,remaining unpaid will be retained•by.the O.wner.as•a'guarantee
that the Contractor will faithfully.,and completely'fulfill-all obligations imposed by:the Contract
and Specifications;-an&against:any_damages,caused the,-,.Owner by reason of anyj failure,on the
part of the Contractor toifulfill,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 r obligations
and requirements hereint-contained.. ,Upon:final settlement, accoardingAo.-the.conditions herein
specified;and;,not:until;•such settlement,:shall,have,been•mdde, 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 evide_nee of the amounts
of work performed by the Contractor under, and by virtue of, this agreement and shall be taken
as full measurer•.of.compensation>>to.,,be received,.by -the Contractor. -When requested by the
Contractor,ahe Engineer=shall measure; re-measure or're-estimate any portion ofthe work,.but
the expense;-of such•re=measurement=•or-re-estimating shall; unless-material.error.:is-proved, be
paid.forbythe 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 thirtydays after
issuance of the first,payroll, and everythirty days thereafter;a.transcript of the original payroll
record,.subscribed andaffirmed as true under the penalties of pe&ry.
A
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•claims 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 this.Contract or the Performance
Bond.
17. CONSTRUCTION-REPORTS-
The Contractor shall submit to the Engineer.prior to commencing anywork under this Contract,
a detailed schedule and -plan ,of 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-finnish•the.Engineer
with a detailed•estimate•for•�fmal payment.
Prionto-being.�eligible,to receive the,final payment under ,this_Contract, the Contractor-,shall
finnishAhe Engineer ewith-substantial.proof that,all*,bills, 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. INSPECTIONAND•TESTS _
All '+material a and: workmanship',shalLbe .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 s
The Contractor shall keep at the site°of the work one copy of the Plans and Specifications signed
and identified byf the Engineer.'; I Anything shown on,the,Plans'.and not mentioned:-in the
Specifications or mentioned in the Specifications and not-shown-irrthe Plans=shallhave: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 t figures
and drawings shall be submitted to•theBngineer 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 fiom those shown on`the
Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or
Specifications 8 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
CONDITION&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 foreman 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 may'serve:the area and
request their assistance in predetermining the location and depth of various pipes, conduits,
manholes, and othersunderground facilities.. The safety provisions of applicable.laws;building
and.construction: codes--,shall be, observed.'{ Machinery, equipments and all,hazards shall, be
guarded,.or eliminated. in accordance,with the safety provisions, of the Manual-of Accident
Trevention in Construction,,published by the Associated,General,Contractors,of America, to the
extent that such-provisions:are.not in,contravention of applicable law. Ther 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
property:from.,any-,damage an&shall`.replace or.make.good •any such.damage,',loss, or'injbry,
A-unless such-be causedrdirectly by errors c 'ontainedin the;Contract,-Documents, or,byYthe Owner
:or its.dyly authorized"representatives. ` ;
The,Contractor.-,shall provide. and.maintain such,watchmen,.barriers,.dights; flares and,other
signals,at his,own expense;:as will-effectively,prevent zany accident in consequence?of-his work
=for which:the Owner might be liable.:;The Contractors shall be.cable,for-all injuries'or damage
caused by his act or neglect,or that ofhis-employees. 1
The Contractor shall take•particular care.to avoid the blocking of fire hydrants, fire alarm boxes,
letterboxes,'traffic signals zor otherMsible:devices maintained for the use of,the,public.
24. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That Ie' is!financially: solvent and,that•he.is,experienced in; and competent to,perform the
typeiof 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 al1: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
i
CC- 11
CONDITIONS'OY 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 whicho 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 investigatioris.he has: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`conditi_ons`which may in anyway affect the work or
its performance.
25: PATENT RIGHTS
M.,part of his obligation hereunder and-without any,additional compensation,the:Contractor=will
pay for,any patent fees on royalties,requited.in respect-to the.work.or,any part,thereof and,:will
: -fully indemnify the Owner or his•Engme'er,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•oft a 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 t abide by alt,orders and directions and
requirements•of the Engineer and shall,perform work-to the satisfactioriiof 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 by connection with the-work. =Upon request,:the Engineer shall confirm
-in-writing-any•oral:orders;directions;requirements-of 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 enumerate&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,for 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.I who shall be the .final judge-'of quality;a 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 nonpayment
therefor shall operate to release the Contractor or his sureties from any obligations under or upon
'this Contract.or,the,Performance Bond.
29. WEATHER CONDITIONS
In;the.evont•of temporary suspension i of work or-during inclement weather or:whenever the
Engineer shall direct; the zContractor will,.And twill.cause his=subcontractors to,protect carefully
his.and their work an&materials against damage'or:injury.•from the-weather."If in the opinion of
the Engineer any work or material shall have been damaged-or,injuredlbytkreasonoffailure on'the
",.part of the Contractor,or any of his.subcontractors Ito,protect his,or,their work, such'work'and
materials shall be removed.and replaced at the'expense of.the,Contractor.•,
,.30_T1W'0WNE,R'S.RIGHYT0 WITHHOLD PAYMENTS,
The,.,O.wner 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 assureAhe,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 slos's due toinjury to persons or damageo=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 1have the right, as,agent,for the Contractor to apply
such amounts so'withheld Jn such manner as the Owner"may deem-propento satisfysuch 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 `
'(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'eompletion within the periods herein specified(ohany,duly authorized
:extension thereof)•or=shall failao complete,the work within said periods;or
(e) The Contractor shall fail to make prompt payments to persons supplying tlabor or materials
for the work; or
(f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the
•Engineer=or;othefwise be!guilty:of-a-substantial.violation of-any;provisions-,of this-Contract;then
and,-in,any such event,Ahe Owner,-withouf.prejudke,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 eitheras to,the entire workor(at the.optioirof the::Owner)as,to ariy°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.xcase; the
Contractor will not be entitled to receive any further payment until-the work is finished. If the
unpaid balance of the compensations.to.be paid-the=Contractor hereunder shall exceedithqexpense
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 Owne'rmay 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 WORK OR TERMINATE CONTRACT
If the work shall be stopped by order ofthe Court or other public authority for,a,period,ofthree
(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 shallbe 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,satisfaetory 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 obiigationjto,do sound and reliable"work as herein prescribed,
and that:any omission ao,disapprove any;work by, the.Engineer at or.b bre 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-OF:DEBRIS., .
The Contractor expressly undertakes,at his own expense:
(a)To stole his apparatus,materials,°supplies and equipment in such orderly fashion at the site of
the,work zs will not unduly,interfere.with the progress of his work or the work of any of his
subcontractors; J-1 4
(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,shD-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 everytnatureresulting,from his operations.
35:,SUITS OF LAW
The Contractor,shall indemnify,and save-harmless,the Owner, from sand 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
shalLbe-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 frog n,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 ORCONTRACT
submitted to the Engineer for approval.-
Where
pproval.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 Engineer. 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 BY-LAW DEEMED INSERTED
Each and every provision of law,and clause,required bylaw 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,party the Contract shall be'forthwith be
physically amended to make such insertion.
38. SUBLETTING,SUCCESSORAND ASSIGNS
The Contractor shall not sublet any part of the work under chis Contract nor assign any money
due him hereunder without first obtaining,the written consent of ihe,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'MUNIGIPAL: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,"16'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, ory 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 thexesponsibility 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,the.insurance required
under this Contract as required immediately following the Instructions to Bidders. Additionally,
the Contractor shall indemnify and savez harmless the'Town,'of;Southold'from=and against 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 omission of
the Contractor,his agent or employeesdm.the performance'ofthe Contract.
The,Contractor,,shall,not permit any-subcontractor,to commence any,work under-this contract
until satisfactory,proof.of carriage.of the-,requir'ed.insurance has-been,posted with and;approved
by the Town.
}
'42.,-FOREIGN:CONTRACTORS'
' i• t e Fs:
-t Foreign Contractors must comply with the.provisions of Articles 9A and;16..of the'Tax Law, as
amended,prior,to submission of.a bid for the{performance;of this:work.,:The certificate of the "
New York'Stae Tax,Commission,to :the effect that.all taxes have been paid;byf 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
• notherfstate,or foreign country;and in the case of a foreign corporation,one-organized under the
laws of a state other,than the State of New York. . :
43i -=LIEN LAW,
;
Attention,of all persons submitting bids-is,specifically,called'to the provisions of,Section 25,
Subdivision 5, Section 125A,and 25-B of,the Lien law, as amended,.in relation to funds being
received by a contractor for a,public improvement declared.to,constitute trust funds inahe 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,�forgoods,1work,or services, for
a period of five.(5) years after'sueh: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 terminatiori;abut:any monies,�owing by
the municipal corporation for goods delivered or work done prior to the cancellation or
termination shalL:be'paid. t t
45.,EXE W- TION FROM SALES AND USE.TAXES
Iniaccordahce with Chapter 513 of the laws of 1974 adopted by the New York State Legislature;
amending Section 1:115. (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
{s_'State of New:York are exempt'from the'payment;of sales and use,taxesrmposed.on,tangible
personal property'within=the limitations specified in tax,law.1 115 (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 describedi in subdivision(aYU 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.,de fined.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
f 'the Instructions and Interpretations Unit, State of New York, Department of Taxation and
Finance, State Campus,Albany,New York,.12227. ,'
CC - 18
Carter-Melence, Inc.
Town of Southold
"Dean's Parking Lot Improvements"
PROPOSAL PACKAGE
BID OPENS: May 2, 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 10
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 10
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: ('S% 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
- o
If a partnership:
PARTNERSHIP NAME:
LIST PARTNERS NAMES:
Proposal Package 3 of 10
ADDRESS RECORD FORM
MAIL BID TO:
VENDOR NAME: Carter-Melence, Inc.
-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:
Proposal Package 4 of 10
VENDOR NAME: Carter-Melence, Inc.
ASSUMED NAME CERTIFICATION
*If the business is conducted under an assumed name, a copy of the certificate required to be filed
under the New York general business law must be attached.
ASSUMED
NAME:
If the bidder is an individual, the bid must be signed by that, individual; if the bidder is a
corporation, by an officer of the corporation, or other person authorized by resolution of the board
of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of
the partners or other person authorized by a writing signed by at least one general partner and
submitted with the bid or previously filed with the Purchasing Agent.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipality bid on contracts only that such interest be revealed when they do bid.)
INSURANCE STATEMENT
Bidder agrees as follows -please mark appropriate box:
Insurance Certificate as requested is attached F
I certify that I can supply insurance as specified if awarded the bid El
Insurance Certificate filed on
DATE
FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIF BIDDER.
AUT11ORIZED SI NATURE
Donald J. O'Hanlon, President
Proposal Package 5 of 10
AFFIDAVIT OF NON-COLLUSION
I hereby attest that I am the person responsible within my firm for the final decision as to the
prices(s) and amount of this bid or, if not;:that I have written authorization, enclosed herewith, from
that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement for the purpose of restricting competition with any other
contractor,bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person
who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid
opening.
3. No attempt has been made or will be made to solicit, cause or induce any firm•or person to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any
intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,
or inducement from any firm or person to submit a complementary bid.
5. My firm has not offered'or entered into a subcontract or agreement regarding the purchase of
materials or services from any other firm or person, or offered, promised or paid cash or
anything of value to any firm or person, whether in connection with this or any other project, in
consideration for an agreement or promise by any firm or person to refrain from bidding or to
submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of
materials or,services to any firm or person and has not been promised or paid cash or anything
of value by any firm or person, whether in connection with this or any project, in consideration
for my firm's submitting a complementary bid, or agreeing to do so, on this project.
7.. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with
responsibilities relating to the preparation, approval or submission of my firm's bid, on this
project and have been advised by each of them that he or she has not participated in any
communication, consultation, discussion;agreement, collusion, act or other conduct inconsistent
with any of the statements and representations made in this affidavit.
The Dgrson signing this bid and the penalties of perjury, affirms the truth thereof.
c •
l SWORN TO BEFORE ME THIS
Signatue&Company Position
Donald J. O'Hanlon, President 29th DAY OF 20 19
Type Name&Company Position
Carter—Melence, Inc.
Company Name ___ �—NOT Y PUBLIC
April 29, 2019
MARY C.lOUC
Date Signed Notary Public,State of New York
11-2996299 - No.4978717
Qualified in Suffolk County� 3
Federal I.D.Number . -_" - Commission Expires March 11,
Proposal Package 6 of 10
1
THE PROPOSAL FORM
Dean's Parking Lot Improvements
VENDORNAME: 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.
1
If the 'bidder is an individual, the bid i.,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 10
ll
, Carter—Melence, Inc.
Dean's Parking Lot Improvements
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
Demolition of existing asphalt,curbing,sidewalk and trees
1
for Fifty Seven Thousand SLS 57,000 00 57,000 00
Dollars & No Cents
Construct New Concrete Curbing
2 ase for Forty One ALF 41 00 35,342 , -00
Dollars & No Cents
Construct Integral Concrete Curbing and 5'Wide Sidewalk
3 75 for One Hundred Twenty Five ALF 125 00 9,375 00
Dollars & NO Cents
Construct 5'Wide Concrete Sidewalk
4 205 for Seventy Five ALF 75 00 15,375 00
Dollars & No Cents
Construct Concrete Aprons
5 140 for TWO Hundred ALF 200 00, 28,000 00
Dollars & No Cents
Raise Cast Iron Grates and Covers to Final Grade
2 8 for Three Hundred Seventy Five SEA 375 00 3,000 00
Dollars & No Cents-
Asphalt Pavement Shim Mix
s 100-
for Two Hundred Fifty (TON 250 00 25,000 '00
Dollars & No Cents
2"Asphalt Pavement Wearing Course
7 400 for /TON Two Hundred Seventy Five 275 00 -110,000 00
_
'Dollars & No Cents
Proposal Package 8 of 10
Carter-Melence, Inc.
Dean's Parking Lot Improvements
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
Thermoplastic Pavement Markings
s 600. 470 00
for Twelve Dollars & Forty Five- Cents /sF 12 45 7,470
Dollars Cents -
6"Topsoil and Seed -
9 540 for Ten /SY
10 00 5,400 00
�
Dollars & No Cents
- `TOTAL BASE BID--Items-(Add AIVItems)
Two Hundred Ninety Five Thousand Nine Hundred Sixty Two Dollars & No Cents $295,962.00
Dollars 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 9 of 10
-9
AUTHORIZED SIGNATURE
Donald J. O'Hanlon
PRINT NAME
TITLE President
DATE April 29, 2019
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.:
On the 29th day of April 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(s) is (are) subscribed to the within
instrument and acknowledged to me ' that he/she%hey- executed the same in his/lieD4heir
capacity(ies), and that by his/her/their signatures-) on the instrument,the individual(s), or the person
upon behalf of which the individual(s)acted, executed the instrument.
NOT AMY PUBLIC
MARYC-hUCENE
Notary Public,State of New York
No.4978717
Qualified in Suffolk County
4,>-,omission Expires March 11,,941 3
Proposal Package 10 of 10
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
A Partnership or Entity
FIRM NAME: Carter-Melence;Inc. An Individual
PRINCIPAL OFFICE:
104 New York Ave., P.O. Box 907
Sound Beach,NY 1178,9
PRINCIPAL OFFICERS:
BACKGROUND
TITLE NAME ADDRESS PROFESSION/TRADE
,President Donald I 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,judgm-ents,;;arbitration proceedings or suits pending or outstanding
against-your firm or its officers?I;f yes,please provide details.
No
QS=i
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 construction 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 99% 05/19
(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 98% 06/19
(631)765-3385 Southold Fire District; (631)727-5352 Martin F. Sendlewski,Architect,P.C.
Correctional Fac. Storage Buildings,Plumbing $243,673.00 95% 06/19
(631)852-4239 Suffolk County DPW; (631)286-8668 L.K.McLean Associates,P.C.
Northwest Fire Substation $1,435,000.00 05% 12/19
(631)324-4150 Village of East Hampton (631)907-0023 D.B.Bennett,P.E.,P.C.
U/G Fuel Tank&Site Work,Miller Place H.S. $442,000.00 09/19
(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 Tele hn one# Telephone# Amount Completion %of Work
A.Muller Addition,Miller Place UFSD $999,000.00 04/05/19
(631)474-2700 -Michael J.Guido Jr.Architect P.C. (631)849-5852
Windswept Bldg.,Village of Ocean Beach
Plumbing;Mech.;Elec.; $290,858.00;$192,166.00;$330,958.00 08/22/18
(631)583-5940 L.K.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 L.K.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
el •
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
__ :iT%T"ism, flL•? =.1: ,n'4
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
. r
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.
(Si ture of person who signed bid)
Donald J. O'Hanlon, President
Sworn to before me this 29th day of April 2019
Notary Public 97?eyW ,f
Commission ExpiratiA Date: 03/11/2023
MARY C.AHCHNE
Notary Public,State of New York
No.4978717
Qualified in Suffolk County
4 Ccs mission Expires March 11,and 3
QS-4
CARTER-MELENCE, ZINC.
BALANCESHEET
DECEMBER 31, 2018
ASSETS
Current Assets:
Cash and Cash Equivalents $ 108,687
Contract Receivables (Note 2) 1,341,556
Prepaid Expenses 16,654
Costs and Estimated Earnings in Excess of
Billings on Uncompleted Contracts (Note 3) 21,733
Total Current Assets $ 1,488,630
Property and Equipment(Note 4) 629,156
Less: Accumulated Depreciation 572,817 56,339
Total Assets $ 1,544,969
LIABILITIES AND STOCKHOLDER'S EQUITY
Current Liabilities:
Accounts Payable $ 36,535
Payroll Taxes Payable 370
Billings in Excess of Costs and Estimated
Earnings on Uncompleted Contracts (Note 3) 710,738
Income Taxes Payable 1,000
Total Current Liabilities $ 748,643
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 695,326 796,326
Total Liabilities and Stockholder's Equity $ 1,544,969
CONTRkACT AGREEMENT
THIS AGREEMENT made this day of Two Thousand and
Nineteen by andbetween the Town of Southold,-party of the first•part,(hereinafter called
the Owner), and , party of the
second part(hereinafter called-Contra6tor). �3
WITNESSETH: That for and in consideration of the premises and the agreements herein
contained, and -the,payments herein provided' to=be made, the parties hereto •agree as
follows:
FIRST: The Contractor shall perform,all labor, and furnish all the materials, equipment,
tools, and,implements-,and will well and faithfully perform and complete=the entire work
associated with:the Dean's Parking Lot Improvements. i
AS DESCRIBED IN THE Contract 'Documents made and prepared by the Town of
Southold, and.as sett,forth in the Contractor's'Bid`daw& ; , and in strict
and entire conformity and in accordance with the Notice to Bidders, Instructions to
Bidders, Proposal Form (Bid), Performance Bond, Conditions of Contract, General
Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement,
hereto annexed and made a part hereof, and hereinafter collectively referred to as
"Contract Documents".
SECOND: In Consideration of the Contractor performing this Contract in the manner
herein stated and as stated in the Contract Documents, the Owner promises and agrees to
pay or cause to be paid to the Contractor the sums of money mentioned iii'saidContract
Documents in the manner and under the conditions therein provided.
THIRD: 'The Contractor covenants and agrees that, anything in this Contract or in the
Contract Documents to be contrary notwithstanding, or regardless of any matter, thing,
contingency of condition unforeseen or otherwise, present or future, the Contractor shall
not be entitled to receive any additional or further sums of money.than the amounts in
said Contract Documents provided; and the failure of the Owner or its agents to insist
upon strict performance of any of 'the terms, covenants, agreements, provisions or
conditions in this Agreement or in the Contract Documents, on any one or more
instances, shall not be construed as a waiver or relinquishment for the future of any such
terms, covenants, agreements, provisions and conditions and the same shall be and
remain in full force and effect with power and authority on the part of the'Owner'to
enforce the same or cause the same to'be enforced at any time, without prejudice to any
other rights which the Owner may have against the Contactor under this Agreement or
the Contract Documents.
A-1
Terms used in the Agreement which are.defined'in Article 1 of the General Conditions
shall have the meanings indicated in the General Conditions.
Neither Owner nor Contractor shall, without the prior,written consent of the other, assign
or sublet in whole or part his interest under any of the Contact Documents; and,
specifically, Contractor shall not assign any monies .due-or,to become due without the
prior written consent of the Owner.
Owner and Contractor each binds himself, his ,partners; successors, assigns and legal
representatives of the other party hereto in respect to all covenants, agreements and
obligations contained in the Contract Documents.
The,Contract Documents constitute the entire agreement between Owner and,Contractor
and may only be altered, amended or repealed by a dulyexecuted_ written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties- hereto have executed this,Agreement,the day and
year first above written.
Total Bid
Dollars
Written in Words
Written in Figures
TOWN OF SOUTHOLD CONTRACTOR
BY BY
Scott A.Russell; Supervisor
TITLE
BY
Town Attorney
(CORPORATE SEAL)
A-2
'1
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF ) ss.:
On the day of in the year 2019 before me,the undersigned,
personally appeared, ,personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument,the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
NOTARY PUBLIC
STATE OF NEW YORK, COUNTY OF )ss.:
On the day of in the year 2019 before me,the,undersigned,
personally appeared, .i ,personally-known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument,the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
NOTARY PUBLIC
A-3
i
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 @ vwwv.labor.state.ny.us
` I i
Andrew M.Cuomo,Governor 9��v� Roberta Reardon,Commissioner
Town of Southold Schedule Year 2018 through 2019
Michael Collins,Town Engineer Date Requested 04/17/2019
53095 Main Road PRC# 2019004970
Southold NY 11971
Location Dean's Parking Lot
Project ID#
Project Type Demolition of existing curbing and,sidewalk,construction of new concrete curbing and sidewalk and
resurfacing of existing asphalt parking lot
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 Jta'risdiction.
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 J
DEAN'S PARKING LOT IMPROVEMENTS
GENERAL
The work under;this Division shall be subject to the.requirements of the CONDITIONS OF
CONTRACT, GENERAL sCONDITIONS, 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.
I
TABLE OF CONTENTS=DIVISION NO. 1—GENERAL REQUIREMENTS
Included_intlus Division are the following sections:
01010 General
01025 Measurement and Payment
01500 Construction Facilities&Temporary Controls
01501 Health& Safety Provisions s
01,502 Environmental Protection i
DIVISION 1 -Page 1 of 13 .
DIVISION 1 GENERAL REOUIREMENTS
SECTION 01010 - GENERAL
SITE
1 •
The site of the proposed general construction for the DEAN'S PARKING LOT
IMPROVEMENTS is located at 13285 Sound Avenue in Mattituck, Town of Southold, Suffolk
County,New York and more particularly shown on the,Contract Plans.
BACKGROUND
The existing Dean's Parking Lot is to be improved with new concrete curbing, aprons and
sidewalk and a new asphalt wearing surface as specified in the contract documents. The new
parking lot curbing, aprons and"sidewalk shall:be.ADA, compliant in, all; respects; and, the
contractor shall notify the Town of any conflicts prior to the beginning of any work. Disturbed
areas of asphalt will be restored by the Contractor with,6" of.compacted NYS Specification
Recycled Concrete Aggregate prior to paving.
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
• Removal of existing trees,vegetation and soils as needed or required
• Restoring disturbed areas with compacted fill as needed or required
• Demolition and removal of existing concrete as needed or required
• Saw-cutting and removal of existing asphalt as needed or required
• Installation of new poured concrete ADA compliant parking lot curbing
• Installation of new poured concrete ADA compliant sidewalk
• Installation of new poured concrete aprons
• Restoration of all disturbed asphalt areas with 6"of compacted NYS
Specification Recycled Concrete Aggregate
• Truing and leveling of the parking lot asphalt
• Installation of a new wearing course of asphalt over the entire parking lot
• Striping of the parking lot with thermoplastic markings
• Restoration of all non-paved areas with topsoil and seed
• 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:
DIVISION 1 -Page 2 of 13
DIVISION I GENERAUREQUIREMENTS
1 General Requirements_'
2 Site Work
3 Concrete
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 toy the,Engineer. The Engineer's approval, shall not lrelievet:the. Contractor from
responsibility for.deviations from the.Plans or Specifications unless he has, in writing, called the
Engineer's-attention,to such deviationsat the time of:submission,'nor,shall.:it relieve him from
responsibility'•for terrors 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.
, . ,fit :;;' „ ,• , ,
SUPERINTENDENCE AND WOR'kmEN ;
The-Contractor shall give-his,constanti!personal attention to the work#while;it is in progress, and
he shall place it in charge of a competent and reliablejsuperintendeint,who-shalt have'authority to
act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all
times, employ labor and equipment which:.shal_l'�be ,st feient-t6',,pro"s_eciite tthe:work to?.full
completion in the manner and time 'specified. All workmen must have sufficient skill and
experience tin such.work,to properly!!and satisfactorily perform lit and operate the equipment
involve,d:E i Any person employed by the_Contraetor whom,the;Engineer;inay"deein f incompetent
or unfit to perform the work, shall be at once discharged and shall not be again employed.
INSPECTION
. `j i'iir.,,l ` . f' •31; , .. t _. 1' z it .# 'i, .'
A 11 proposed work under thist Contract shall be,performe&during and with=Engineer's approval.
The.Contractor is advised to inspect carefully the full premises and}consult:with,the Engineer
regarding any items of construction-or•reconstruction4hattmay be questionable.'
MAINTENANCE AND PROTECTION OF TRAFFIC., : Y
The Contractor shall so conduct:his•operations as to,hiterfere 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,6th_er traffic ebecause 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 maybe required. The
Contractor shall erect,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.
DIVISION 1 -Page 3•of 13
1 ; DIVISION I - GENERAL REQUIREMENTS
MAINTENANCE AND PROTECTION OF UTILITIES
A. The Contractor shall familiarize himself with the existence of structures of municipal and
other public service corporations 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,;ori interferey 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
accordanee.withsthe}Plans..,The Contractor shall not=remove�or cause to be•removed,:any
'structure owned by a piiblic•utility.corporation without-the approval of the Engineer.
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
• - 3 v P 4
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'inost 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 ofthe 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 least five(5)years. On request;bidders
must furnish a list of a minimum of five•(5) proj ects 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 engineerfor which each project was undertaken by Contract. A minimum of five (5) of
the projects must have been built for municipal clients.
DIVISION 1 -Page 4 of 13
DIVISION I GENERAL REQUIREMENTS
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•4 1ist of proposed Subcontractors to the Engineer for approval. -The list shall
contain firmv-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 priori td:discharge;stating,the,,reasons, and shall
provide the Engineer with the;name and qualifications of the replacement Subcontractor
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 Specifications:__Materials, meth"odsiphd`equipment
shall conform to the latest A.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: DEAN'S PARKING LOT IN THE MATTITUCK HAMLET 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
DIVISION.1 Page 5 of 13
I'
DIVISION.1 -GENERAL-REQUIREMENTS
respective contract to be new and of goodrquality 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 theTinal 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::
PAYMENTS 7
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-Mi -the Proposal Form.-,
END OF SECTION 01010-GENERAL t
r
i
DIVISION 1 -Page 6 of 13
r
DIVISION 1 -"GENERAL REQUIREMENTS
SECTION 01025—MEASUREMENT AND PAYMENTS
DESCRIPTION
The Contractor shall furnish 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
I!
DIVISION 1 -Page 7 of,13
- I
DIVISION f1 -GENERAL REQUIREMENTS
SECTION 01500—CONSTRUCTION FACILITI•ES AND TEMPORARY CONTROLS
SCOPE
Work shall include butnot be limited to the.following:
A. Temporary Utilities,Electricity, lighting, heat, ventilation-, tel_ephe___,se_._-e (ineluding
fax maelgm)-,water and sanitary facilities.
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.
The Elee!&ieal Gentmeteir shall be Fespeasibk for providing and paying for the temperdiy eleetr4e
peweT fer-eenstiic4ien to an established peiRt proximate to the eenstfuetien area. The tempo
sen4ee shall be insWled v4tlia 30 days of the award of the eentraet. The Eleetrioal Gentraete
shall be responsible for-providing temperary eleetfie poweF te all tmdes, for-the duratien of th-e
TEMPORARY WATER SERVICE
A. The n, .. uetei shall P- :a tem,, ary water- of eenstmetion p kafy
vi 1 VJ, fire✓LV vv LVll lllllL 1V1�lZVCLlIIllgi
B. Potable water shall be furnished for construction personnel by portable containers.
r-elevu..vu as 11VVVJJLLl,' to meet tempemry water -
D. The Contfaeter- shall tall a_meter- an y for all a to with +a. ..er-ar-y
111J11111 i.�11Z1.•GV � a
water- se e during the eoufse-of thework, : el,,,ing fimiishing allneeessar-y perm+
and fees re re � + water-
vl�Kll V\L 1V1 1ta1111JV
E Gemply with Ed! applieabl e lea and affange 1' r-alln peetions and
approvals.
F. Upon ee 1 t 11 �,, (''the , ,,meter- shall disc.., eet andremove all temporaryr r �
eennec4iens and 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
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.
• ,r
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.
E. The Contractor shall pay for all expenses associated with temporary;sanitary facilities
during the course of the work, including furnishing all necessary permits and fees
required for temporary sanitary facilities.
F. Comply I with all applicable' codes--and arrange for all-necessary inspections and
approvals.
FIRST-AID FACILITIES AND ACCIDENTS
A. The Contractorshall provide,-at the site,•such equipmenvand facilities as are necessary to
supply first-aid to any of his personnel who may be injured in connection with the work.
R. f •Accident' ,
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,
whether on or,adjacent to the site,'wliich 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,REOUIREWNTS
C. Provide temporary control of surface water, 'stonnwater 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.
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.
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
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. Cleaniand 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.
,t
END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY
tCONTROLS f
, t
,_ 1 ,; .,G. ;i' �•i1 1 3 i+' s <. }, .:3'_:. s - , , .t, a -;Ii.1:• ,
DIVISION 1--Page 11 of 13
t
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 1 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.1-Department of Labor
OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR
1920—Safety and Health Regulations for Construction.
2. U.S. Environmental Protection Agency Medical Monitoring ProgramtGuidelines.
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-oUI3'
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
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 Preparations ( `• '
i
'i• ,
DIVISION 2;= 1,of'4
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 of the
existing asphalt,concrete and door entryway to the Recreation,Center. ; . .
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
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 in accordance with Industrial Code Rule#53 of
Title:12,•of the' Official�Compilafion of;Codes,,:Rules�:and-Regulations'of the State of
New York. '` `
B.1,;, 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,elevation's and satisfy themselves as to their correctness by
visiting the site of the proposed work an& 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..'_f ,
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`undersi&of the
branch partly through 6 inches or more from tree. Cut through the branch 2 inches or
: ..further out!from trunk.• The final cut!should•be made by,placing the shears or saw in
front of.the branch bark ridge,and cutting downward and slightly outward:,:Do not paint
the wounds.
t 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 backfilledl 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
DIVISION 3 - CONCRETE
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.3 -CONCRETE,
Included in this Division are the following sections:
03100 Concrete�Form Work
03200 Concrete Reinforcement
03300 Cast-In-Place Concrete
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DIVISION 3 —Page 1 of 8
DIVISION'3 -CONCRETE
SECTION 03100 - CONCRETE FORM WORK
SCOPE
A. The work under this heading shall consist of furnishing all.labor, materials, equipment and
appliances necessary or required to perform and complete all concrete form work, including
but not limited to the following: v
1. Forms and centering.
2. All forms required for the work in this Section.
3. Setting and building of all.anchors inserts',,hangers,, supports, ties, 'frames, bolts,
sockets, sleeves, lintels, etc., required to be built into concrete work, except where
otherwise specified. ,
FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP
A. Forms shall conform with the lines, dimensions and shapes• of concrete indicated on the
Drawings, for the members for which they are provided. They shall be tight to prevent any
possibility of movement after concrete is poured and shall insure safety to workmen and the
public.
B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from
surface of exposed side and holes filled with cement mortar and rubbed immediately after
removal of forms.
C. Forms for concrete work shall be plywood or composite of smooth line construction, that
will produce straight, dense surface free from honeycombs, bulges and depressions.
D. If any material is used to coat formwork to facilitate its removal, this material shall be of
such nature as not to stain or injure the concrete or cause injury to finish to be applied on
exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing.
E. All wood form work, including that used in void spaces, pockets and other similar places,
shall be removed.
F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be
taken to avoid spalling concrete surface.
WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS
A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in
place.
B. Build in anchors, inserts or slots as required for proper anchorage.
DIVISION 3 —Page 2 of 8
DIVISION 3 -CONCRETE
C. Set in concrete all sleeves furnished under other_sections'or contracts, in_'proper alignment
and location.
D. Cooperate with other trades:
E. Build in concrete all forms furnished by other trades and required to be built into concrete.
END OF SECTION 03100-CONCRETE FORM WORK: ;
It _
DIVISION 3 —Page 3 of 8
I
u
DIVISION 3-CONCRETE
SECTION 0320,0,,-,CONCRETE REINFORCEMENT
SCOPE
The work under this heading shall consist of furnishing all labor,,materials, equipment and
appliances necessary or required to perform and complete all concrete reinforcing.
SHOP DRAWINGS
A. Complete and accurate shop drawings shall be submitted to the Engineer for review before any
work is executed. Drawings shall show`framing plans, details,'bending diagrams, sizes and
spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete
walls, and all other pertinent information. Details shall be carried out in accordance with the
A.C.I.rules.
B. Contractor shall submit one black and white print and one reproducible with each submission.
Cost of all prints required from the reproducible, including prints required by the Engineer, shall
be borne by this Contractor.
MATERIALS
A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL
BARS FOR CONCRETE REINFORCEMENT,ASTM A-615, GRADE 60.
B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR
DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT,
ASTM A-305.
C. Welded wire fabric shall comply with ASTM A-185.
PLACING OF REINFORCEMENT
A. Metal supports,ties and spacers for reinforcement shall be rustproof of proper size, and strength
to ensure against displacement during pouring operations. For structural slabs placed on ground,
provide legs of slab bolsters and continuous high chairs with continuous plates. '
B. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars
5/8 inch round or less,and six diameters for larger bars.
C. At intersections,rods shall be securely wired together.
D. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by
reinforcement.
E. All reinforcement shall be inspected in the forms before concreting starts by the Engineer.
Contractor shall notify the Engineer at least 24 hours prior to any pour.
END OF SECTION 03200—CONCRETE REINFORCEMENT
DIVISION 3 -Page 4 of 8
DIVISION•3 - CONCRETE
SECTION 03300 - CAST-IN-PLACKCONCRETE
RELATED SECTIONS ,,
See Section-09672 Resinous Flooring.for concrete floor coating.
REFERENCES r .
Except as shown or specified otherwise; the Work of.-this Section _shall conform to the
requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American
Concrete Institute.
Materials used to produce concrete and testing thereof shall comply with the applicable standards
listed in the New York State Building Cbde, Chapter 19 Concrete.
QUALITY ASSURANCE
Concrete batching plant shall be currently approved as,a concrete supplier by.the.New York State
Department of Transportation.
PROPORTIONING (Amendments to ACI 301, Chapter 3):
A. Compressive Strength: Minimum 4000 psi 'for structural footings, foundations, floor
slabs, exterior slabs,ramps and stairs.
B. Weight: Normal weight as.indicated, Lightweight Concrete (for floor fills):'; ,Air-dry unit
weight between 95 and 115 lb/cu'ft.
C. Durability:
1. Concrete shall be air-entrained. Design air content,shall be 6 percent by volume,
with an allowable tolerance of plus or minus 1.5 percent for total air content.
Entrained air F shall be•provided by•use of-an appfdved air.=entraining admixture.
Air-entrained cement shall not be used.
D. Slump: 4000 psi Normal Weight,Concrete: Between 2 inches and•3•inches.
E. Admixtures: Do not use admixtures,in concrete unless_specified or approved-in-writing
by the Engineer.
F. Selection of Proportions: Concrete proportions shall be established, on-the basis of
previous field experience or laboratory trial batches, unless otherwise approved in writing
by the Engineer. Proportion mix,.with a minimum cement,content of.564 pounds per
cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete.
DIVISION 3 -Page 5 of 8
DIVISION 3 -CONCRETE
REINFORCEMENT (Amendments to ACI 301,_Chapter-5): '
A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars.
B. Fabric Reinforcement: ASTM.A 185, welded wire fabric, fabricated into -flat sheet's
unless otherwise indicated.
C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips.
D. Tie Wire:,Black,annealed wire,46-1/2 gage or heavier.
PRODUCTION(Amendments to ACI 301, Chapter 7) r
A. Provide ready-mixed c6ncrete; either central=mixed,or truck-mixed. ,
EXAMINATION AND PREPARATION
A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing
concrete, except magnesiumalloy.tools,may be used for•finishing.
• s
B. Keep excavations free of water. Do not deposit concrete in water.
C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh
concrete shall be free from-frost at the time of concrete placement.
D. Prior to placement of concrete, remove all hardened concrete spillage and foreign
" materials from the space to be occupied by the-concrete.
FORMWORK(Amendments to ACI 301, Chapter 4)
A. Chamfer all exposed external corners of concrete.
PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5)
A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose
mill scale, and other materials�or coatings that-may adversely affect or reduce the bond.
PLACING'CONCRETE (Amendments to ACI 301, Chapter 8)
A. Operation of truck mixers and agitators and discharge limitations shall conform to the
'requirements of ASTM C 94.
B. Do-not allow concrete,to free fall more than 4 feet.
FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10)
A. Finish Schedule: Except where indicated otherwise on the Drawings,provide the finishes
DIVISION 3 —Page 6 of'8
DIVISION 3- CONCRETE
below:
1. Rough Form Finish for concrete surfaces not exposed to view.
2. Smooth Form Finish-for concrete surfaces exposed to view.
3. , .- Smooth Rubbed Finish for exterior concrete surfaces exposed to view. .
4. Grout Cleaned Finish forinterior concrete surfaces exposed to view.
FINISHING SLABS (Amendments t6,ACI,301,°Chapter 11):
A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints.
B. Finish Schedule: Except where indicated otherwise on the Drawings,provide the finishes
below:
1. Broom Finish for exterior, slabs. Texture as approved by the Engineer.
2. Smooth Finish for interior slab.
C. , Finishing, General: Provide monolithic finishes on concrete floors and slabs without the
addition ofmortar or other fillermaterial. Finish surfaces in true planes,true to line, with
particular care taken during screeding to maintain an excess of concrete in front of the
screed so as to prevent low spots. Screed and darby concrete to true planes,while,plastic
and before free water rises to the' surface., Do not perform finishing operations during the
time free water(bleeding) is on the surface.
CURING AND PROTECTION(Amendments to ACI 301, Chapter 12)
A. Maintain concrete surfaces in a,moist condition for at least 7 days after placing, except
where otherwise indicated.
B. For surfaces of exterior slabs; (on grade), apply chemical curing and anti-spalling
compound in accordance with the recommendations of the manufacturer.
C. All concrete surfaces to be coated shall be,clean and dry. Dirt, oil, loose concrete, salts,
and other contaminants shall be wire brushed or grit blasted until a bare surface is
obtained.
D. A minimum of two (2) coats shall be applied to concrete. A minimum of 24 hours must
elapse before application of the second coat. Do not use if epoxy coating is to be
installed.
FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16)
A. The Contractor shall make a maximum of(2)two test cylinders per truck load of concrete
delivered to the site for testing by a testing lab. Sampling to be taken as per ASTM C 172
Standard Practice for Sampling Freshly Mixed Concrete. Concrete shall be sampled from
the middle of the load.
B. The Contractor shall be responsible for furnishing the Engineer with the test results of
each concrete test cylinder tested,at 7 and 28 days for each truck load.
DIVISION 3 —Page-7 of 8
i�
DIVISION 3 - CONCRETE
LABORATORY TESTS
The Contractor shall be responsible for.arranging-and coordinating of all testing. All laboratory
costs in establishing the design mix and testing,of cylinders shall'be&borne by the Contractor.
END OF SECTION 03300 - CAST-IN-PLACE CONCRETE:',
1
I ( z
DIVISION 3 —Page 8 of 8
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, 'that we CARTER-MELENCE, INC.
104 New York Ave.
Sound Beach,NY 11789
as Principal, hereinafter called the Principal, and International Fidelity Insurance Company
One Newark Center,20th Floor,
Newark,NJ 07102
a corporation duly organized under the laws of the.State of- NJ
as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold
53095 Main Road
Southold, NY 11971
as Obligee, hereinafter called the Obligee, in the,sum of
Five Percent of the Bid Amount-------------------------(5.00%),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind,ourselves,
our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Dean's Parking Lot improvements
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the
Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment
of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall'pay to the Obligee the difference not to exceed the penalty hereof
between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with
another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full
force and effect
Signed and sealed this 02nd day of May 2019
CARTER-MELENCE, INC,
(P�rinci al) LL (Seal)
(Wit ess (Titl Donald J. O'Han on, President
l
Interna
Jklk FAdelitv psurance Com an
(Suret (Seal)
(Witness) (Title) Edmund 1,bergas6r,Attorney-in-Fact
ACKNOWLEDGEMENT OF PRINCIPAL,IF A CORPORATION
STATE OF NEW YORK )ss:
COUNTY OF SUFFOLK )
On the 2nd day of May in the year 2019,before me personally came Donald J. O'Hanlol
to me known,who,being by me duly sworn, did depose and say that(-R)he
resides at Miller Place, NY that he/she is the
President of Carter-Melence,Inc.,the corporation described in and which executed the
above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of
said corporation.
MARY C.MICHNE
Notary Public Notary Public,State of New York
No.4978717
Qualified in Suffolk Count, oa 3
Commission Expires March 11,
ACKNOWLEDGEMENT OF PRINCIPAL,IF A PARTNERSHIP
STATE OF )ss:
COUNTY OF )
On the day of in the year ,before me personally came
to me known and known to me to be a member of the firm ,
described in and who executed the foregoing instrument, and he/she duly acknowledged to me that
he/she executed the same for and in behalf of said firm for the uses and purpose mentioned therein.
Notary Public
ACKNOWLEDGEMENT OF PRINCIPAL,IF AN INDIVIDUAL
STATE OF )ss:
COUNTY OF )
On the day of in the year ,before me personally came
to me known and known to me to be the person described in and who executed the foregoing
instrument, and he/she duly acknowledged to me that he/she executed the same.
Notary Public
V
r
ACKNOWLEDGEMENT OF SURETY
STATE OF NEW YORK )
COUNTY OF WESTCBESTER)ss;
On the 02nd day of May in the year 2019,before me personally came Edmund J.Bergassi to me
known,who,being by me duly sworn, did depose and say that he/she resides at Eastchester,NY,that
he/she is the Attorney-in-Fact of International Fidelity Insurance Company,the corporation
described in and which executed the above instrument; and that he/she signed her/his name thereto by
order of the Board of Directors of said corporation.
Notary ublic
PATRICIA A MALONEY
Notary Public,State of New York
No.01 MA6154561
Qualified in Westchester County
Commission Expires October 23,20 Z2
INTERNATIONAL FIDELITY INSURANCE COMPANY
ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207
STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS
AT DECEMBER 31,2017
ASSETS
Bonds(Amortized Value) ........ . ...... . .. .. .... .... ..... . . .. $129,146,944
Common Stocks(Market Value) .. .. ... . .. 35,217,707
Mortgage Loans on Real Estate .. ... .... ... ...... . .. ... .. ..... .. ' 354,803
Cash,Bank Deposits&Short Term Investments .. .. . . ...... ...... . .. 19,878,873
Unpaid Premiums&Assumed Balances .. . ... . . .. .. ...... ... ... .. 9,751,860
Reinsurance Recoverable from Reinsurers ..... . ... . . . . .. .. ... . ..:. . (115,529)
Electronic Data Processing Equipment......... . . .. . . . ... ... ... ... . 138,265
Investment Income Due and Accrued .. .... ... .... 918,427
Net Deferred Tax Asset's .. ... 2,545,704
Receivables from Parent,Subsidiaries&Affiliates . . . ...... .. .. ... .. . . 37,109
Other Assets ........... .. ..... . .. ....... .... .. ... ... . ... . . 21,934,273
TOTAL ASSETS .. ... . . . .... ... ... ... . .. .... ...... .. $219.808.436
LIABILITIES,SURPLUS&OTHER FUNDS
Losses(Reported Losses Net as to Reinsurance Ceded and
Incurred But Not Reported Losses) .. ... . ..... . .. . . . . .. ... . . ... . . $5,279,222 ?
Reinsurance Payable on Paid Losses and Loss Adjustment Expenses .. ... . 1,078,655 j
Loss Adjustment Expenses .. ... ... .... .. . . . . . .. . . .. . ... .. . .. . . 3,559,438 j
Commissions Payable,Contingent Commissions&Other Similar Charges . . 1,386,906
Other Expenses(Excluding Taxes,Licenses and Fees) .. . .. ... .... .. . .. 6,393,991
Taxes,Licenses&Fees(Excluding Federal Income Tax 282,722
Current Federal and Foreign Income Taxes .. .. . . .. . .. ....... . ..... 58,761 '
Unearned Premiums .. ...... .... . ... .. ...... .. .. . .... . ... . . . 36,204,847
Dividends Declared&Unpaid:Policyholders&Stockholders ..... ..... . 1,294,389
Ceded Reinsurance Premiums Payable .. .. ... .. .. . ... ..... . .. . .. . 2,089,984 €
Funds Held by Company under Reinsurance Treaties.. . . . ... .... 1,031
Amounts Withheld by Company for Account of Others .. ... ... .... ... 60,144,796
Provision for Reinsurance.. ... ... ....... .. .... . . . . ... ... .. ... . 72,386
Payable to Parent,Subsidiaries and Affiliates.. ... ... .. ..... . . . .... . 57,862
Other Liabilities .. .... .. . . ..... ..... ... . . ... .. . ....... . . ... 7,654,547
TOTAL LIABILITIES . ... . ...... .. . . . .. ...... .... $125,559,537
Common Capital Stock..... ... ... . ... .... .... .. ... ...... . .. .. $1,500,000 i f
Gross Paid-in&Contributed Surplus. .. .. ... .... .. . ....... . . .... . 374,600
Surplus Notes .. ... . ... . .... . .. . .. . .. . . . . . . . ....... . .. ... 16,000,000 I
Unassigned Funds(Surplus).. . .... . ....... .. .. .. ...... . ... .. . . 76,879,289 i
Less:Treasury Stock at cost(21,904 shares common)(value ind.$45.) . ... . 504,990 t
Surplus as Regards Policyholders . . ... . ...... ..... . . $94,248,899 +
TOTAL LIABILITIES,SURPLUS&OTHER FUNDS.... . . $219.808.436
ppt
� - f
I,Francis L.Mitterhoff,President of INTERNATIONAL FIDELITY INSURANCE COMPANY,certify that the foregoing is a ¢
fair statement of Assets,Liabilities,Surplus and Other Funds of this Company,at the close of business,December 31,2017, : €
as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of
New jersey.
ITY 1yfG• IN TESTIMONY WHEREOF,I have set my hand and affixed the '
Q o�°R4l�1 seal of the Company,this 23,d day of February,2018.
o SEA m INTERNATIONAL FIDELITY INSURANCE COMPANY
y 1904,a o
yy`VIERS ay* f
POWER OF ATTORNEY Bond# INT1019
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
One Newark Center,201h Floor,Newark,New Jersey 07102-5207 PHONE,(973)624-7200
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the
laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New
Jersey,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint
EDMUND J. BERGASSI
New Rochelle, NY
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings, contracts of
indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract
or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY
INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly
executed and acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of
Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July,2015
"RESOLVED, that(1)the Chief Executive Officer, President, Executive Vice President,Vice President, or Secretary of the Corporation shall have the
power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers
of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of
indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the
appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on
behalf of the Corporation,and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond, undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the
original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as
though manually affixed"
IN WITNESS WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY and
ALLEGHENY CASUALTY COMPANY have each executed and attested these presents
on this 31st day of December,2018
STATE OF NEW JERSEY CpSUAtpyC'
County of Essex ��`' O�
1904 1936
Kenneth Chapman
ff f Executive Vice President,International Fidelity Insurance Company and
Allegheny Casualty Company �`1t�JERs��
On this 31st day of December,2018 before me came the individual who executed the preceding instrument,to me personally known,and,
being by me duly sworn,said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and
of ALLEGHENY CASUALTY COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate
Seals and his signature were duly affixed by order of the Boards of Directors of said Companies
14 IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark,
,
C,p�NY C�,G New Jersey the day and year first above written
UNOTARY
PUBLIC co
y�'•.oAi�2�e 5� Cathy Cruz a Notary Public of New Jersey
.,
OFNEW 3 ``�` CERTIFICATION My Commission Expires April 16,2019
I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I
have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in
said Power of Attorney,with the originals on file in the home of said companies,and that the same are correct transcripts thereof,and of the whole of the
said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF,I have hereunto set my hand on this day, May 2, 2019
B08540 tQ 4G,_2
Irene Martins,Assistant Secretary
TOWN OF SOUTHOLD
DEAN'S PARKING,LOT IMNPROVEMENTS
CONSTRUCTION SPECIFICATIONS
SOUTHOLD, SUFFOLK COUNTY,NEW YORK
cz.
PreparedBy:
TOWN OF SOUTHOLD
Engineering Department
53095 Main Road
Southold,New York 11971
April 18, 2019 (631)765-1560
TOWN,QF 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: "DEAN'S PARKING LOT IMPROVEMENTS"
Definite specifications may be obtained at the Southold Town Clerk's Office beginning April 18,
2019
PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS:
TOWN OF SOUTHOLD M42,2019 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
either money order, cash or business check(payable to the Town of Southold).
A non-mandatory pre-bidder's conference will be held at 10:00AM on April 24, 2019 at the site located
at 13285 Sound Avenue in Mattituck,New York.
The Town of Southold welcomes and encourages minority and women-owned businesses to participate in
the bidding process.
TABLE OF CONTENTS
TOWN OF SOUTHOLD
DEAN'S PARKING LOT IMPROVEMENTS
Title Page ------
Invitation to Bid ------
Table of Contents ------
Instructions to Bidders I13-1 thru I13-6
Standard Insurance Requirements SIR 1 thru SIR 3
,General Conditions GC-1 thru GC-12
Conditions of Contract CC-I 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 1-3
Contract Drawings
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. Security for Faithful Performance and Maintenance
9. Bid Reservations
10. Non-Collusive Statement
11. Addenda and Interpretations
12. Method of Award
13. Single Price Bid Analysis
14. Municipal Exempt Status
15. Labor Law
16. Wage Rates
17. Insurance Required by the Town of Southold
18. Quantities
IB - 1
INSTRUCTIONS TO BIDDERS
1. RECEIPT AND OPENING OF BIDS
The Town of Southold invites bids on the forms herein provided for the Dean's Parking Lot
Improvements located at 13285 Sound Avenue in Mattituck, 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, May 2nd, 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 until filing and approval of the Perforinance Bond and until the completion of ten
percent(10%)of the work under the Contract.
IB -2
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 thirty 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 furnish to the
Town, on request, all data and information pertinent thereto. The Town reserves the right to
reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do
the work. Financial instability of a bidder may be cause for non-award.
5. REJECTION OF BIDS
(a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the
qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD
that such bidder is properly qualified to,carry out the obligations of the Contract and to complete
the work contemplated therein. Conditional bids will be considered informal and will be
rej ected.
(b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive
any informality in any or all bids, and to accept the bid or part thereof which it deems most
favorable to the Town after all bids have been examined and/or checked.
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 fully 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 or his duly authorized representative will be rigidly enforced.
S. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE
The successful bidder shall be required to execute a Performance Bond equal to one hundred
percent 100%) of the amount bid, such bonds to be executed by a New York licensed insurance
carrier/surety company with an A rating or better from A.M. Best & Co. and acceptable to the
Owner; or bonds secured by collateral; or securities approved by the Owner. The Performance
Bond shall be written so as to remain in full force and effect as a maintenance bond for a period
of not less than one (1)year after the date of final acceptance of the work.
The successful bidder,upon failure to execute and deliver the bonds required within ten(10) days
after the date of notice of award, shall forfeit to the Owner, as liquidated damages for such failure
or refusal,the security deposited with his bid, and he will be liable for and he agrees to pay to the
Owner on demand, the difference between the price bid and the price for which such contract
shall subsequently be re-let including the cost of such re-letting less the amount of such deposit.
No plea of mistake in such accepted bid shall be available to the bidder for recovery of his
deposit or as a defense to any action upon accepted bid unless said mistake can be proven by
documentary evidence acceptable to the Town.
After approval of the bonds and execution of the Contract and after ten (10)percent of the work
has been completed,the bid security accompanying the bid will be returned.
IB -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 interpretation 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/Consultant,'is an independent
contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold
itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN'OF SOUTHOLD,
and that it, its agents and employees will not make claim, demand or application to or for any right or
privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited
to Worker's Compensation coverage, Unerriployment 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 and amendments thereto; and from any other claims for property damage and for
personal injury including death, which may arise from operations under this contract, whether such
operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of "
Certificate to be provided to the Town of Southold.
DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out
and maintain during the entire term of the contract any disability benefits and unemployment insurance as
required by law. Copy of Certificate to be provided to the Town of Southold.
GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during
the life of the contract, such bodily injury liability and property damage liability insurance as shall protect
him and the Town from claims for damages'-for bodily injury including accidental death, as well as from
claims for property damage which may arisefrom 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:
I. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested
by the Town.
2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of
the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less
than 10 days prior to the date and time of cancellation or non-renewal.
CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior
to commencing work under this contract, a certificate of insurance.
1. Certificate of insurance shall include:
A. Name and address of insured B. Issue date of certificate
C. Insurance company name D. Type of coverage in effect
E. Policy number F. Inception and expiration dates of policies included
G. Limits of liability for all policies on certificate.
included on certificate
SIR- 2
STANDARD INSURANCE REQUIREMENTS
;. Description of operations/locations/e#c. Box musf include the statement:
e
. "THE TOWN OF SOUTHOLD'IS LISTED AS ADDITIONAL INSURED"
CERTIFICATE HOLDER SHALL BE LISTED:AS.
E TOWN OF.SOUTHOLD`
53095 MAIN ROAD
SOUTHOLD,NY 11971 „
2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire
during the life of the contact, the Town shall be provided with a new certificate indicating
the replacement policy information, as requested above. Thirty days (30) prior written
notice to the Town of Southold for cancellation is applicable.
l
SIR- 3
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 Office&Toilet
12. Proper Method of Work and Proper Materials
13. Inspection
14. Waiver
15. Water and Electric Power
16. Machinery and Equipment
17. Maintenance
18. Schedule of Operations
19. Right to Use Work
20. Notice of Warning
21. Warning Signs
22. Accident Prevention
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.
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, Performance Bonds, 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.
WORK: 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 fiunished 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, samples shall be in duplicate and of adequate
size to show quality, type, color, range and fmish 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 obtained 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 such permission and state credit or extra involved. He shall also provide supporting data
and samples for Engineer'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 Contractor 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 permit(s)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 Standards) with all
subsequent changes, additions or corrections thereto.
C. Any work to be performed within the Town Highway right-of-way will require a Town
Highway Department road-opening permit.
Obtaining of the permit and subsequent release/approval shall be the responsibility of the
Contractor.
Acceptance of the contractor's performance bond in lieu of the Contractors road-opening bond shall
be at the option of the Highway Department.
7.2 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 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.
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
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.
b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in
such a manner as will make it impossible to produce a first class piece of work, or should
discrepancies appear between the Drawings and/or Specifications, he shall refer the 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 entertained for failure to carry out the work
in satisfactory manner as directed.
c) Should a conflict occur in or between the Drawings and Specifications and/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 OFFICE & TOILET: The Contractor shall provide an office trailer for use
by the town and its representatives. The trailer shall be climate controlled and have a clean plan
table, desk and chair provided inside. 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 the 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.
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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 out of any sum retained by them, provided nothing herein contained shall limit
the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor'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 so as to bring about the completion of his work within the time limit 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 Engineer 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 comply 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.
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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 storage, 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
of structures of municipal and other public service corporations 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.
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 or part of a structure 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.
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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
10. Contract Security
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 Title 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
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
i
CC - 1
CONDITIONS OF CONTRACT
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.
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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 forth, 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 are so set forth and if the parties cannot 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 Compensation Insurance, payroll taxes required by law,
rental for plant and equipment used (excluding small tools) to which total cost will be added
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 temporary structures, allowances made by the
Contractor to subcontractors, additional premiums upon the performance bond of the Contractor
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.
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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.
10. CONTRACT SECURITY
(a) The Contractor shall furnish a Performance Bond, or other acceptable security, equal to one
hundred percent (100%) of the amount of the bid as security for the faithful performance of the
Contract, and for the payment of all persons performing labor or furnishing materials in
connection with this Contract. The Performance Bond shall be written so as to remain in full
force and effect as a maintenance bond for a period of not less than one (1) year after the date of
acceptance of the work by the Engineer.
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CONDITIONS OF CONTRACT
(b) Additional or Substitute Bond: If at any time the Owner shall be or become dissatisfied with
any surety or sureties, or if for any other reason such bond shall cease to be adequate security to
the Owner, the Contractor shall within five (5) days after notice from the Owner to do so,
substitute an acceptable bond in such form and sum and signed by such other surety as may be
satisfactory to the Owner. The premiums on such bonds shall be made until the new surety 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 Contract,
including but not limited to, labor employed thereon, materials supplied, obstructing streets and
highways, maintaining signals, storing, handling and use of explosives and 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 in executing the work under the 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 shall comply with the provisions of Sections 291- 299 of the Executive Law and
Civil Rights Law; shall furnish all information and reports deemed necessary by the State
Commission for Human Rights, the Attorney General and the Industrial Commissioner for
purposes of investigation to ascertain compliance with such sections of the Executive Law and
Civil Rights Law.
The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the
contracting agency upon the basis of a finding made by the State Commission for Human Rights
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 Labor
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 the 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 to 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 or
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 perform any work on the project under this
Contract. No person whose age or physical condition is such as to make his employment
dangerous to his health or safety or to the health 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.
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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.
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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 claims 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 this Contract or the Performance
Bond.
17. CONSTRUCTION REPORTS
The Contractor shall submit to the Engineer prior to commencing any work under this Contract,
a detailed schedule and plan of 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 bills 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
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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.
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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 foreman 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 may serve the area 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 construction codes shall be observed. Machinery, equipment and all hazards shall be
guarded or eliminated 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 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
property from any damage and shall replace or make good any such damage, loss or injury,
unless such be caused directly by errors contained in the Contract Documents, or by the Owner
or 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
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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 has 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 part 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 a 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.
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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 or the Performance Bond.
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 shall have been damaged or injured by reason of failure 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.
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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 WORK 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
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1
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 satisfactory 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 OF DEBRIS
The Contractor expressly undertakes at his own expense:
(a) To store his apparatus,materials, supplies and equipment in such orderly fashion at the site of
the work as will not unduly 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 OF LAW
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
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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 Engineer. 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 BY LAW 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 party 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.
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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 the insurance required
under this Contract as required immediately following the Instructions to Bidders. Additionally,
the Contractor shall indemnify and save harmless the Town of Southold from and against 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 omission of
the Contractor,his agent or employees in the performance of the Contract.
The Contractor shall not permit any subcontractor to commence any work under this contract
until satisfactory proof of carriage of the required insurance has been posted with and 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 bid for 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 country; 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
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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 firin, 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.
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Town of Southold
"Dean's Parking Lot Improvements"
PROPOSAL PACKAGE
BID OPENS: May 2, 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 10
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 10
VENDOR NAME:
VENDOR INFORMATION SHEET
TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL
FEDERAL EMPLOYEE ID #:
OR SOCIAL SECURITY#:
DATE OF ORGANIZATION:
IF APPLICABLE: DATE FILED:
STATE FILED:
If a non-publicly owned Corporation:
CORPORATION NAME:
LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares)
LIST OFFICERS AND DIRECTORS:
NAME TITLE
m00mmax0mmmnxm000mm0m0zx000mzm0mmmm00mmmi
If a partnership:
PARTNERSHIP NAME:
LIST PARTNERS NAMES:
c
Proposal Package 3 of 10
ADDRESS RECORD FORM
MAIL BID TO:
VENDOR NAME:
ADDRESS:
CONTACT:
TELEPHONE: FAX:
E-MAIL:
ONLY if different -
MAIL PURCHASE ORDER TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
ONLY if different -
MAIL PAYMENT TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
Proposal Package 4 of 10
VENDOR NAME:
ASSUMED NAME CERTIFICATION
*If the business is conducted under an assumed name, a copy of the certificate required to be filed
under the New York general business law must be attached.
ASSUMED
NAME:
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, by an officer of the corporation, or other person authorized by resolution of the board
of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of
the partners or other person authorized by a writing signed by at least one general partner and
submitted with the bid or previously filed with the Purchasing Agent.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipality bid on contracts only that such interest be revealed when they do bid.)
INSURANCE STATEMENT
Bidder agrees as follows -please mark appropriate box:
Insurance Certificate as requested is attached
I certify that I can supply insurance as specified if awarded the bid ❑
Insurance Certificate filed on
DATE
FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER.
AUTHORIZED SIGNATURE
Proposal Package 5 of 10
AFFIDAVIT OF NON-COLLUSION
I hereby attest that I am the person responsible within my firm for the final decision as to the
prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from
that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement for the purpose of restricting competition with any other
contractor,bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person
who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid
opening.
3. No attempt has been made or will be made to solicit, cause or induce any firm or person to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any
intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,
or inducement from any firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of
materials or services from any other firm or person, or offered, promised or paid cash or
anything of value to any firm or person, whether in connection with this or any other project, in
consideration for an agreement or promise by any firm or person to refrain from bidding or to
submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of
materials or services to any firm or person and has not been promised or paid cash or anything
of value by any firm or person, whether in connection with this or any project, in consideration
for my firm's submitting a complementary bid, or agreeing to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with
responsibilities relating to the preparation, approval or submission of my firm's bid on this
project and have been advised by each of them that he or she has not participated in any
communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent
with any of the statements and representations made in this affidavit.
The person signing this bid, under the penalties of perjury, affirms the truth thereof.
SWORN TO BEFORE ME THIS
Signature&Company Position
DAY OF 20
Type Name&Company Position
Company Name NOTARY PUBLIC
Date Signed
Federal I.D Number
Proposal Package 6 of 10
THE PROPOSAL FORM
Dean's Parking Lot Improvements
VENDOR NAME:
VENDOR ADDRESS:
TELEPHONE NUMBER: FAX:
The undersigned bidder has carefully examined the Contract Documents and will provide all
necessary labor, materials, equipment and incidentals as necessary and called for in the said
Contract Documents in the manner prescribed therein and in said Contract, and in accordance with
the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form.
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, the bid must be signed by an officer of the corporation, or other person authorized by
resolution of the board of directors, and in such case a copy of the resolution must be attached; if a
partnership, by one of the partners or other person authorized by a writing signed by at least one
general partner and submitted with the bid documents.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals 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 10
r
Dean's Parking Lot Improvements
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
Demolition of existing asphalt,curbing,sidewalk and trees
1 1
for /LS
Dollars Cents
Construct New Concrete Curbing
2 862
for /LF
Dollars Cents
Construct Integral Concrete Curbing and 5'Wide Sidewalk
3 75
for /LF
Dollars Cents
Construct 5'Wide Concrete Sidewalk
4 205
for /LF
Dollars Cents
Construct Concrete Aprons
5 140
for /LF
Dollars Cents
Raise Cast Iron Grates and Covers to Final Grade
2 8
for /EA
Dollars Cents
Asphalt Pavement Shim Mix
6 100
for /TON
Dollars Cents
2"Asphalt Pavement Wearing Course
7 400
for /TON
Dollars Cents
Proposal Package 8 of 10
Dean's Parking Lot Improvements
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
Thermoplastic Pavement Markings
8 600
for /SF
Dollars Cents
6"Topsoil and Seed
9 540
for /SY
Dollars Cents
TOTAL BASE BID Items(Add All Items)
Dollars 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 9 of 10
AUTHORIZED SIGNATURE
PRINT NAME
TITLE
DATE
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF ) ss.:
On the day of in the year 2019 before me, the undersigned,'personally
appeared, , personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
NOTARY PUBLIC
Proposal Package 10 of 10
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: A Corporation
A Partnership or Entity
FIRM NAME: An Individual
PRINCIPAL OFFICE:
PRINCIPAL OFFICERS:
BACKGROUND
TITLE NAME ADDRESS PROFESSION/TRADE
1. How many years has your organization been in business under its present business name?
2. You normally perform what percent of the work with your own forces? %
List trades that you organization normally performs below:
3. Have you ever failed to complete any work awarded to you? .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.
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.
6. List the major construction projects your organization has underway at this date:
Name o£ Engineer/
Project Owner Architect Contract Percent Scheduled
Name Telephone# Telephone# Amount Complete Completion
7. List five major projects you organization has completed in the past five years:
Name o£ Engineer/ Work Done
Project Owner Architect Contract Date of With Own Forces
Name Telephone# Telephone# Amount Completion % of Work
QS-2
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
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?
10. Bank References:
11. Trade Association Membership:
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?
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 )
COUNTY OF )
being duly sworn deposes and says that he is
the of contractor and that
answers to the foregoing questions and all statements therein contained are true and correct.
(Signature of person who signed bid)
Sworn to before me this day of ,2019
Notary Public
Commission Expiration Date:
QS-4
CONTRACT AGREEMENT
THIS AGREEMENT made this day of Two Thousand and
Nineteen by and between the Town of Southold,party of the first part (hereinafter called
the Owner), and , party of the
second part (hereinafter called Contractor).
WITNESSETH: That for and in consideration of the premises and the agreements herein
contained, and the payments herein provided to be made, the parties hereto agree as
follows:
FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment,
tools, and implements and will well and faithfully perform and complete the entire work
associated with the Dean's Parking Lot Improvements.
AS DESCRIBED IN THE Contract Documents made and prepared by the Town of
Southold, and as set forth in the Contractor's Bid dated , and in strict
and entire conformity and in accordance with the Notice to Bidders, Instructions to
Bidders, Proposal Form (Bid), Performance Bond, Conditions of Contract, General
Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement,
hereto annexed and made a part hereof, and hereinafter collectively referred to as
"Contract Documents".
SECOND: In Consideration of the Contractor performing this Contract in the manner
herein stated and as stated in the Contract Documents, the Owner promises and agrees to
pay or cause to be paid to the Contractor the sums of money mentioned in said Contract
Documents in the manner and under the conditions therein provided.
THIRD: The Contractor covenants and agrees that, anything in this Contract or in the
Contract Documents to be contrary notwithstanding, or regardless of any matter, thing,
contingency of condition unforeseen or otherwise, present or future, the Contractor shall
not be entitled to receive any additional or further sums of money than the amounts in
said Contract Documents provided; and the failure of the Owner or its agents to insist
upon strict performance of any of the terms, covenants, agreements, provisions or
conditions in this Agreement or in the Contract Documents, on any one or more
instances, shall not be construed as a waiver or relinquishment for the future of any such
terms, covenants, agreements, provisions and conditions and the same shall be and
remain in full force and effect with power and authority on the part of the Owner to
enforce the same or cause the same to be enforced at any time, without prejudice to any
other rights which the Owner may have against the Contactor under this Agreement or
the Contract Documents.
A-1
Terms used in the Agreement which are defined in Article 1 of the General Conditions
shall have the meanings indicated in the General Conditions.
Neither Owner nor Contractor shall, without the prior written consent of the other, assign
or sublet in whole or part his interest under any of the Contact Documents; and,
specifically, Contractor shall not assign any monies due or to become due without the
prior written consent of the Owner.
Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives of the other party hereto in respect to all covenants, agreements and
obligations contained in the Contract Documents.
The Contract Documents constitute the entire agreement between Owner and Contractor
and may only be altered, amended or repealed by a duly executed written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
Total Bid
Dollars
Written in Words
Written in Figures
TOWN OF SOUTHOLD CONTRACTOR
BY BY
Scott A.Russell, Supervisor
TITLE
BY
Town Attorney
(CORPORATE SEAL)
A-2
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF ) ss.:
On the day of in the year 2019 before me,the undersigned,
personally appeared, , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument,the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
NOTARY PUBLIC
STATE OF NEW YORK, COUNTY OF )ss.:
On the day of in the year 2019 before me, the undersigned,
personally appeared, ,personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument,the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
NOTARY PUBLIC
A-3
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
Andrew M.Cuomo,Governor 9 4yQ' Roberta Reardon,Commissioner
O
Town of Southold Schedule Year 2018 through 2019
Michael Collins,Town Engineer Date Requested 04/17/2019
53095 Main Road PRC# 2019004970
Southold NY 11971
Location Dean's Parking Lot
Project ID#
Project Type Demolition of existing curbing and sidewalk,construction of new concrete curbing and sidewalk and
resurfacing of existing asphalt parking lot
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)45775589 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 I- GENERAL REQUIREMENTS
TOWN OF SOUTHOLD
DEAN'S PARKING LOT IMPROVEMENTS
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. I —GENERAL REQUIREMENTS
Included in this Division are the following sections:
01010 General
01025 Measurement and Payment
01500 Construction Facilities&Temporary Controls
01501 Health& Safety Provisions
01502 Environmental Protection,,-
DIVISION 1 -'Page 1 of 13
DIVISION I.- GENERAL REQUIREMENTS
SECTION 01010 -GENERAL
SITE
The site of the proposed general construction for the DEAN'S PARKING LOT
IMPROVEMENTS is located at 13285 Sound Avenue in Mattituck, Town of Southold, Suffolk
County,New York and more particularly shown on the Contract Plans.
BACKGROUND
The existing Dean's Parking Lot is to be improved with new concrete curbing, aprons and
sidewalk and a new asphalt wearing surface as specified in the contract documents. The new
parking lot curbing, aprons and-sidewalk shall, be ADA compliant in all respects and the
contractor shall notify the Town of any conflicts prior to the beginning of any work. Disturbed
areas of asphalt will be restored by the Contractor with, 6" of compacted NYS Specification
Recycled Concrete Aggregate prior to paving.
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
• Removal of existing trees,vegetation and soils as needed or required
• Restoring disturbed areas with compacted fill as needed or required
0 Demolition and removal of existing concrete as needed or required
• Saw-cutting and removal of existing asphalt as needed or required
• Installation of new poured concrete ADA compliant parking lot curbing
• Installation of new poured concrete ADA compliant sidewalk
• Installation of new poured concrete aprons
• Restoration of all disturbed asphalt areas with 6"of compacted NYS
Specification Recycled Concrete Aggregate
• Truing and leveling of the parking lot asphalt
• Installation of a new wearing course of asphalt over the entire parking lot
• Striping of the parking lot with thermoplastic markings
• Restoration of all non-paved areas with topsoil and seed
• 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:
DIVISION 1 -Page 2 of 13
DIVISION 1 - GENERAL REQUIREMENTS
1 General Requirements
2 Site Work
3 Concrete
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
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 acceptable 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 be at once discharged and shall not be again employed.
INSPECTION
All proposed work under this Contract shall be performed during and with Engineer's approval.
The Contractor is advised to inspect carefully the full premises and consult with the Engineer
regarding any items of construction or reconstruction that may be questionable.
MAINTENANCE AND PROTECTION OF TRAFFIC
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 may be required. The
Contractor shall erect 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.
DIVISION 1 -Page 3 of 13
DIVISION 1 - GENERAL REQUIREMENTS
MAINTENANCE AND PROTECTION OF UTILITIES
A. The Contractor shall familiarize himself with the existence of structures of municipal and
other public service corporations 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.
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 least 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.
DIVISION 1 -Page 4 of 13
DIVISION 1'- GENERAL REQUIREMENTS
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
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 Specifications. Materials, methods"and equipment
shall conform to the latest A.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: DEAN'S PARKING LOT IN THE MATTITUCK HAMLET 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
DIVISION 1 -Page,5,of 13
DIVISION,1 -GENERAL REQUIREMENTS
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.
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 furnish 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 FACILITIES AND TEMPORARY CONTROLS
SCOPE
Work shall include but not be limited to the following:
A. Temporary Utilities—Electricity, lighting, heat, . ntil tie , telephone s e (;,,,.l,,ding
feai maehi e ,water and sanitary facilities.
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.
TEMPORARY ELECTRICITY-
The Elee#ieal CopAraetor-shall be responsible for providing and pa�4ng for-the temporary el
power for constmetion to an established point proximate to the eenstmetion area. The tempomry
ser-viee shall be installed v4lhin 30 days of the award of the eei#faet. The Eleetr4ea4 GoiAFaetef
shall be responsible for providing temporary eleetr-ie power to all trades, for the dufalion of the
prejeet.
TEMPORARY WATER SERVICE
fn ;l;+;os fro rr +o +; ,,, and or- toA,,—
B. Potable water shall be furnished for construction personnel by portable containers.
C. Water sen4ee shall be protected fiem freezing, and the sen4ee shall be ex-tanded And
D. The GopAr-aeter- shall install a Rieter and pay for- all expenses assoeiated �A4th tempor-afy
and fees required for-tempefaizy water-ser-viee.
E. Comply with all applicable eodes and affange for- all neeessafy inspee4ions and
awls.
F. Upon completion of all work, the GepAraeter- shall diseomeet and r-emeve all temper-ar-y
eopmeetions and 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
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.
E. The Contractor shall pay for all expenses associated 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 for all necessary inspections -and
approvals.
FIRST-AID FACILITIES AND ACCIDENTS -
A. The Contractor shall provide, at the site, such-equipment 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
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,
whether 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.
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.
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
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 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.
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
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
r
DIVISION 1 -Page 13 of 13
DIVISION 2'-SITE WORK
GENERAL
The work under this Division shall be subject to the requirements ofi 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 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 of the
existing asphalt, concrete and door entryway to the Recreation Center.
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.
ENWOF SECTION- SECTION 02050—SITE DEMOLITION & REMOVAL
DIVISION 2 -2 of 4
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 in accordance with Industrial Code Rule#53 of
Title 12, of the Official Compilation 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 final cut should be made by placing the shears or saw in
front of the 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
DIVISION 3 - CONCRETE
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.3 - CONCRETE
Included in this Division are the following sections:
03100 Concrete Form Work
03200 Concrete Reinforcement
03300 Cast-In-Place Concrete
t
DIVISION 3 —Page 1 of 8
DIVISION 3 - CONCRETE
SECTION 03100- CONCRETE FORM WORK
SCOPE
A. The work under this heading shall consist of furnishing all labor, materials, equipment and
appliances necessary or required to perform and complete all concrete form work, including
but not limited to the following:
1. Forms and centering.
2. All forms required for the work in this Section.
3. Setting and building of all anchors, inserts, hangers, supports, ties, frames, bolts,
sockets, sleeves, lintels, etc., required to be built into concrete work, except where
otherwise specified.
FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP
A. Forms shall conform with the lines, dimensions and shapes of concrete indicated on the
Drawings, for the members for which they are provided. They shall be tight to prevent any
possibility of movement after concrete is poured and shall insure safety to workmen and the
public.
B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from
surface of exposed side and holes filled with cement mortar and rubbed immediately after
removal of forms.
C. Forms for concrete work shall be plywood or composite of smooth line construction, that
will produce straight, dense surface free from honeycombs, bulges and depressions.
D. If any material is used to coat formwork to facilitate its removal, this material shall be of
such nature as not to stain or injure the concrete or cause injury to finish to be applied on
exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing.
E. All wood form work, including that used in void spaces, pockets and other similar places,
shall be removed.
F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be
taken to avoid spalling concrete surface.
WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS
A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in
place.
B. Build in anchors, inserts or slots as required for proper anchorage.
DIVISION 3 —Page 2 of 8
DIVISION 3 - CONCRETE
C. Set in concrete all sleeves furnished under other sections or contracts, in proper alignment
and location.
D. Cooperate with other trades.
E. Build in concrete all forms furnished by other trades and required to be built into concrete.
END OF SECTION 03100 - CONCRETE FORM WORK
r
DIVISION 3 —Page 3 of 8
DIVISION 3 -CONCRETE
SECTION 03200 - CONCRETE REINFORCEMENT
SCOPE
The work under this heading shall consist of furnishing all labor, materials, equipment and
appliances necessary or required to perform and complete all concrete reinforcing.
SHOP DRAWINGS
A. Complete and accurate shop drawings shall be submitted to the Engineer for review before any
work is executed. Drawings shall show framing plans, details, bending diagrams, sizes and
spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete
walls, and all other pertinent information. Details shall be carried out in accordance with the
A.C.I. rules.
B. Contractor shall submit one black and white print and one reproducible with each submission.
Cost of all prints required from the reproducible, including prints required by the Engineer, shall
be borne by this Contractor.
MATERIALS
A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL
BARS FOR CONCRETE REINFORCEMENT,ASTM A-615, GRADE 60.
B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR
DEFORMATIONS OF DEFORMED STEEL BARS FOR CONCRETE REINFORCEMENT,
ASTM A-305.
C. Welded wire fabric shall comply with ASTM A-185.
PLACING OF REINFORCEMENT
A. Metal supports, ties and spacers for reinforcement shall be rustproof of proper size, and strength
to ensure against displacement during pouring operations. For structural slabs placed on ground,
provide legs of slab bolsters and continuous high chairs with continuous plates.
B. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars
5/8 inch round or less, and six diameters for larger bars.
C. At intersections,rods shall be securely wired together.
D. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by
reinforcement.
E. All reinforcement shall be inspected in the forms before concreting starts by the Engineer.
Contractor shall notify the Engineer at least 24 hours prior to any pour.
END OF SECTION 03200—CONCRETE REINFORCEMENT
DIVISION 3 —Page 4 of 8
DIVISION 3 - CONCRETE
SECTION 03300 - CAST-IN-PLACE CONCRETE
RELATED SECTIONS ,
See Section 09672 Resinous Flooring for concrete floor coating.
REFERENCES
Except as shown or specified otherwise, the Work of this Section shall conform to the
requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American
Concrete Institute.
Materials used to produce concrete and testing thereof shall comply with the applicable standards
listed in the New York State Building Code, Chapter 19 Concrete.
QUALITY ASSURANCE
Concrete batching plant shall be currently approved as a concrete supplier by the New York State
Department of Transportation.
PROPORTIONING (Amendments to ACI 301, Chapter 3):
A. Compressive Strength: Minimum 4000 psi for structural footings, foundations, floor
slabs, exterior slabs, ramps and stairs.
B. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit
weight between 95 and 115 lb/cu ft.
C. Durability:
1. Concrete shall be air-entrained. Design air content shall be 6 percent by volume,
with an allowable tolerance of plus or minus 1.5 percent for total air content.
Entrained air shall be provided by use of an approved air-entraining admixture.
Air-entrained cement shall not be used.
D. Slump: 4000 psi Normal Weight Concrete: Between 2 inches and 3 inches.
E. Admixtures: Do not use admixtures in concrete unless specified or approved in writing
by the Engineer.
F. Selection of Proportions: Concrete proportions shall be established on the basis of
previous field experience or laboratory trial batches, unless otherwise approved in writing
by the Engineer. Proportion mix with a minimum cement content of 564 pounds per
cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete.
DIVISION 3 —Page 5 of 8
DIVISION 3 - CONCRETE
REINFORCEMENT (Amendments to ACI 301, Chapter 5): ,
A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars.
B. Fabric Reinforcement: ASTM A 185, welded wire fabric, fabricated into flat sheets
unless otherwise indicated.
C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips.
D. . Tie Wire: Black annealed wire, 164/2 gage or heavier.
PRODUCTION (Amendments to ACI 301, Chapter 7)
A. Provide ready-mixed concrete, either central-mixed or truck-mixed.
EXAMINATION AND PREPARATION
A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing
concrete, except magnesium alloy tools may be used for finishing.
B. Keep excavations free of water. Do not deposit concrete in water.
C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh
concrete shall be free from frost at the time of concrete placement.
D. Prior to placement of concrete, remove all hardened concrete spillage and foreign
materials from the space to be occupied by the concrete.
FORMWORK(Amendments to ACI 301, Chapter 4)
A. Chamfer all exposed external corners of concrete.
PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5)
A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose
mill scale, and other materials or coatings that may adversely affect or reduce the bond.
PLACING CONCRETE (Amendments to ACI 301, Chapter 8)
A. Operation of truck mixers and agitators and discharge limitations shall conform to the
'requirements of ASTM C 94.
B. Do not allow concrete to free fall more than 4 feet.
FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10)
A. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes
DIVISION 3 —Page 6 of 8
DIVISION 3 - CONCRETE
below:
1. Rough Form Finish for concrete surfaces not exposed to view.
2. Smooth Form Finish for concrete surfaces exposed to view.
3. Smooth Rubbed Finish for exterior concrete surfaces exposed to view.
4. Grout Cleaned Finish for interior concrete surfaces exposed to view.
FINISHING SLABS (Amendments to ACI 301, Chapter 11)
A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints.
B. Finish Schedule: Except where indicated otherwise on the Drawings,provide the finishes
below:
1. Broom Finish for exterior slabs. Texture as approved by the Engineer.
2. Smooth Finish for interior slab.
C. Finishing, General: Provide monolithic finishes on concrete floors and slabs without the
addition of mortar or other filler material. Finish surfaces in true planes, true to line, with
particular care taken during screeding to maintain an excess of concrete in front of the
screed so as to prevent low spots. Screed and darby concrete to true planes while plastic
and before free water rises to the surface. Do not perform finishing operations during the
time free water(bleeding) is on the surface.
CURING AND PROTECTION (Amendments to ACI 301, Chapter 12)
A. Maintain concrete surfaces in a moist condition for at least 7 days after placing, except
where otherwise indicated.
B. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling
compound in accordance with the recommendations of the manufacturer.
C. All concrete surfaces to be coated shall be,clean and dry. Dirt, oil, loose concrete, salts,
and other contaminants shall be wire brushed or grit blasted until a bare surface is
obtained.
D. A minimum of two (2) coats shall be applied to concrete. A minimum of 24 hours must
elapse before application of the second coat. Do not use if epoxy coating is to be
installed.
FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16)
A. The Contractor shall make a maximum of(2) two test cylinders per truck load of concrete
delivered to the site for testing by a testing lab. Sampling to be taken as per ASTM C 172
Standard Practice for Sampling Freshly Mixed Concrete. Concrete shall be sampled from
the middle of the load.
B. The Contractor shall be responsible for furnishing the Engineer with the test results of
each concrete test cylinder tested at 7 and 28 days for each truck load.
DIVISION 3 —Page 7 of 8
DIVISION 3 - CONCRETE
LABORATORY TESTS
The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory
costs in establishing the design mix and testing of cylinders shall be borne by the Contractor.
END OF SECTION 03300 - CAST-IN-PLACE CONCRETE
DIVISION 3 —Page 8 of 8
TOWN OF SOUTHOLD
53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971
PHONE: 631-765-1560 /TAX: 631-765-9015
INVITATION TO BID
NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND
REQUESTED FOR THE FOLLOWING:
BID NAME: "DEAN'S PARKING LOT IMPROVEMENTS"
Definite specifications may be obtained at the Southold Town Clerk's Office beginning April 18,
2019
PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS:
TOWN OF SOUTHOLD May 2, 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
either money order, cash or business check(payable to the Town of Southold).
A non-mandatory pre-bidder's conference will he held at 10:00"on April 24, 2019 at the site located
at 13285 Sound Avenue in Mattituck,New York.
The Town of Southold welcomes and encourages minority and women-owned businesses to participate in
the bidding process.
Dated: April 9, 2019
ELIZABETH A. NEVILLE
SOUTHOLD TOWN CLERK
PLEASE PUBLISH ON APRIL 18,2019, AND FORWARD ONE (1 )AFFIDAVIT OF
PUBLICATION TO ELIZABETH NEVILLE,TOWN CLERK, PO BOX 1179, SOUTHOLD,
NEW YORK 11971.
Copies to the following:
The Suffolk Times Town Board Members Town Attorney
Town Clerk's Bulletin Board Jamie Richter
r�
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
LYNDA M RUDDER, Deputy Town Clerk of the Town of Southold,New York being
duly sworn, says that on the 15th day of April, 2019, a notice of which the annexed
printed notice is a true copy was affixed, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's
Bulletin Board, 53095 Main Road, Southold,New York.
Bid for Dean's Parking Lot
Lynda M Rudder
Southold Deputy Town Clerk
Sworn before me this
151h day of Aril , 2019.
Notary("Pjblic
BONNIE].DOROSKI
Notary Public,State of New York
No.01D06095328,Suffolk CounkV
Commission Expires July 7,20
Rudder, Lynda
From: Collins, Michael
Sent: Friday,April 12, 2019 3:46 PM
To: Rudder, Lynda
Cc: Noncarrow,'Denis; Richter,Jamie
Subject: Please Advertise for the Dean's Parking Lot Improvements
Attachments: 2. Invitation to Bid.doc
Thank you
Michael Collins, P.E.
Town Engineer
Town of Southold
(631) 765-1560
htti)://www.southoldtownny.gov/index.aspx?nid=195
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged
information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is
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Rudder, Lynda
From: legals <legals@timesreview.com>
Sent: Monday,April 15, 2019 4:06 PM
To: Rudder, Lynda; Lisa Finn (lisaahfinn@gmail.com); Michaelis,Jessica; Reisenberg, Lloyd;
Southold Local (denise@southoldlocal.com); Dinizio,James; Doherty, Jill; Doroski,
Bonnie; Ghosio, Bob; Louisa Evans; Neville, Elizabeth; Noncarrow, Denis; Norklun, Stacey;
Russell, Scott; Standish, Lauren;Tomaszewski, Michelle;William Ruland; Duffy, Bill;
Hagan, Damon; Silleck, Mary
Cc: Richter, Jamie; Collins, Michael
Subject: Re: deans parking for publication
Attachments: Ad_Order_Form[111.pdf,Ad_Image_Preview[5].pdf
Importance: High
Hello,
This notice has been scheduled,the attached documents serve as your confirmation, invoice and proof. Please review for
accuracy. Payment is due upon receipt.
Affidavits are processed and mailed out a week after the final publication date of the notice.
Thank you.
legals@timesreview.com
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Kimberly Gersic
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Kimberly Gersic
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www.timesreview.com
From: "Rudder, Lynda" <Ivnda.rudder@town.southold.ny.us>
Date: Monday,April 15, 2019 at 9:05 AM
To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis,
Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Southold
Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James"
<iames.dinizio@town.southold.ny.us>, "Doherty,Jill" <iill.doherty town.southold.ny.us>, "Doroski, Bonnie"
<Bonnie.Doroski@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans
<Ipevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.nv.us>, "Noncarrow, Denis"
<denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.nv.us>, "Rudder, Lynda"
<Ivnda.rudder@town.southold.nv.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren"
<Lauren.Standish@town.southold.nv.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, William Ruland
<rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon"
<damonh@southoldtownny.gov>, "Silleck, Mary" <marys town.southold.nv.us>
Cc: "Richter,Jamie" <Jamie.Richter@town.southold.nv.us>, "Collins, Michael" <michael.collins town.southold.nv.us>
Subject: deans parking for publication
Please publish in the 4/18 edition of the Suffolk Times and town website, thanks
2
Southold Town Board - Letter Board Meeting of April 9, 2019
RESOLUTION 2019-319 Item # 5.18
ADOPTED DOC ID: 15102
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-319 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 9, 2019:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Clerk's office to advertise for bids for the improvement to the Dean Municipal Parking
Lot, 13285 Sound Avenue, Mattituck. Specifications to be provided by Town Engineer.
ajas4oge'a 'f
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
Generated April 10, 2019 Page 33
#0002338350
r y
STATE OF NEW YORK)
)SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk
of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, and that the Notice of which the annexed
is a printed copy, has been regularly published in said Newspaper once each week for 1
weeks(s),successfully commencing on 04/18/2019
C�—
Principal Clerk
Sworn to before me this day of o f l
JCiS A VOLINSIG
NOTARY PUBLIC-STATE OF NEW YORK
NO.DIV06105050
QUdliflecd In Suffolk County
My Commiss on EKpliel CN)w0ry 28.2020
TYPESET. Mon Apr 15 16.04.50 EDT 2019
LEGAL NOTICE
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 FOL-
LOWING:
BIDNAME: "DEAN'S PARKING LOT
IMPROVEMENTS"
Definite specifications may be obtained at
the Southold Town Clerk's Office begin-
ning April 18,2019
PLACE OF OPENINGS:
TOWN OF SOUTHOLD
TOWN CLERKS OFFICE
53095 MAIN ROAD
SOUTHOLD,NY 11971
DATE OF OPENINGS:
May 2,2019
TIME OF OPENINGS:
2:00 PM
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 ENVE-
LOPE- 1)NAME&ADDRESS OF BID-
DER
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 out-
line 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 doc-
ument 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.Pay-
ment can be made by either money order,
cash or business check(payable to the Town
of Southold).
A non-mandatory pre-bidder's conference
will be held at 10 OOAM on April 24,2019 at
the site located at 13285 Sound Avenue in
Matutuck,New York.
The Town of Southold welcomes and encour-
ages minority and women-owned businesses
to participate in the bidding process.
Dated-April 9,2019
ELIZABETH A.NEVILLE
SOUTHOLD TOWN CLERK
2338350
PLAN NOTES
i0 Tie New Concrete Curbing into Existing at this location - dor ff\ 8C 'C f\ s G
&
02 Existing Belgian Block Curbing to remain along West Side ' �1' - ow of g°rk
� r -
�3 The Contractor Shall Set Top of Cast Iron Cover& Frame to Grade or�er�y usk- CO. v r F°rk
as Approved by the Town Engineer Prior to Paving. now or f6°rk �r �E e N°rah
® Existing Drainage Locations are approximate and Shown for °rk F°rk �h
The N
Clarification. Any Conflicts with New Work Shall be as �� SOUTHOLD TORN
Approved by the Town Engineer. ` p'
Q 24" Wide Thermoplastic Pavement Line Striping. ENGINEERING
�. /-- �%
Q Existing Catch Basin Inlet Grate this area is Set to Final Grade. � - ��� l
The Contractor Shall Provide All Excavation & Grading ocK cvRe ,- LA
as needed or required to Patch and Pave to the Finish Grade 13�- o �P® New Concrete Curbing to Align Horizontally with Property Line �, .,' �. a Q w° SU�FQ�,
this Area PRS\NO PREP O' �' �� � -0 OHO,
Q New Concrete Sidewalk to Align Horizontally with Property Line PS . . ` . 4
y ti
this Area. SEE SECTION DETAILS 60•�� '� ,,� `'" . ` .GRAS' _4 - : \ 3, in ,rG
Q Contractor to Relocate existingDedication Stone 3 Ton +/- ( ,` .� '°� N '5() - �- �n
to this location as Directed by he Town Engineer. Care shall _ __ _ _ _ _ _ _ l •221 -� W o N5 - . - . - - n �i gx,9 o o's�o �
be taken to prevent damage to the Stone & Dedication Plaque. -
•�, 1
. � �.
P 9 q -��- � PAVEMENT LIMITS
1 X LINE OF NEW 00— ` , ` „ ` , ` „ ` , ` ` ` , ` � ` � ` , ` , II e�
® Contractor to provide A.D.A. Compliant access to the sidewalk % ASPHALT PAVEMENT „E
at this location. ® • ' 40 ` ` ` `
Q1 3 s\c N604�-7 � ` . ` . ` . ` . . . ` . ` . ` . ` . ` _ . _ . ` . ` . ` . ` . �� i ce} gx�9 �o PROPOSED:
Top of New Concrete Curbing, Sidewalk and Apron to Align. % 2�� . ` . . ` . ` . ` . ` . ` . ` . ` . - . • • . , 3
® Contractor Shall Remove all Existing Trees Located within the - - \ - - - . ` . ` - y - ` ` ` ` ` ` - - . ` . - - - 26'-8" \. n y DEAN'S Parking Lot
-�
TOPSOIL `& `SEED` I j 1 i i g x�9 � In the
Project Area. This item shall include all Stumps & the remaining . y � ` . ` . ` . ` . ` � ` a ` � ` . , ` . ` . ` ` ` . ` . ` . ` . ` . ` y ` � ` . ` , ` , ` . ` . ` . . ` . . `
.GLASS, I .GRASS` . ` . ` I I 4 j I FONCE Mattituck Hamlet
Holes shall be thoroughly compacted and filled with State Spec. I � �j . ` - ` - `GRASS - ` - ` . ` . ' � . � - ' • ' - ' - ` - ` • ` - ` . ` - ` . ` . ` . . . ` . . ` - ` • ` - ` - ` - ` - ` - ' . ' - ' . ` . ` - ' . . ` II s
R.C.A. and compacted in 12" lifts under all planed pavement �1' A�' ���g 3 GRASS
surfaces. All grass areas shall be backfilled with clean topsoil. _ 1 R=3 • - ` �8• , 4�'� 3
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now or formerly Z I ( �i j I °' = 1 (� U DATE. August 20 2018
PROJECT NOTES: I Protestant Episcopal Church o I I I ( of I PSPNP��
9
3 O REVISED:R D• DESCRIPTION OF MODIFICATION:
I 3/4/19 PROJECT DETAILS — DIMENSIONS
1.) ALL REQUIRED PROPERTY LINE MARKERS SHALL BE PROVIDED BY THE TOWN OF SOUTHOLD. { 1 o O i s
�i I I,EE ® M
2.) ALL TOP OF CURBING,SIDEWALK&PAVEMENT ELEVATIONS SHALL BE SET BY THE TOWN OF j m I
SOUTHOLD IN THE FIELD PRIOR TO CONSTRUCTION. I ( O ,-
2 � ) 5
3.) THE CONTRACTOR SHALL PROVIDE ALL TOPSOIL&SEED IN THE AREAS DESIGNATED AS GRASS. i Q W I I I I O
4.) ALL PATCHING,TRUING&LEVELING AND PLACEMENT OF ASPHALT SHALL BE PART OF THIS PROJECT- LO
= ( I 5 rJ I
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5.) ALL DISTURBED OR PREVIOUSLY EXCAVATED ASPHALT PARKING LOT AREAS THAT ARE SCHEDULED —
TO RECEIVE ASPHALT PAVEMENTS SHALL BE EXCAVATED AND OR GRADED TO ALLOW FOR THE PLACEMENT
OF A 2-SHIM MIX ASPHALT SUB-BASE. PRIOR TO FINAL PAVEMENT,ALL R_C_A_SHALL BE THOROUGHLY \l 2'—0" I 16 Spaces C e S C�? 9' Each = 144'—0" ' '� 38'—8"
COMPACTED AND GRADED TO ALLOW FOR A UNIFORM ASPHALT PAD EVENLY SLOPED TO DRAINAGE INLETS. I 1 35 0 o P 2 —O l _ !_
6.) ALL EXISTING TREES LOCATED WITHIN THE WORK AREA SHALL BE CUT DOWN WITH ROOT BALLS l - N
THOROUGHLY EXCAVATED. LOCATIONS INDICATED ARE APPROXIMATE. (SEE PLAN NOTE 12) i N ASPHALT PARKING LOT g
i
7.) ALL EXISTING BELGIAN BLOCK CURBING(WITH THE EXCEPTIONOFTHE CURBING ATTHE WESTERLY 7'—L�" +�— 1131 24'-0" EQ.I 15 Spaces @ 9' Each = 135'-0" EQ• 20'—C" 18'—
PROPERTY LINE THAT IS TO REMAIN)SMALL BE REMOVED&DISPOSED OF BY THE CONTRACTOR. —� —j — I I—
� VERIFY EXISTING y
8.) THE CONTRACTOR SHALL TAKE CARE 1WHEN REMOVING THE EXISTING SIDEWALK ALONG THE EASTERLY
PORTION OF THE SITE TO PREVENT DAMAGE TO EXISTING PATIOS AND PLANTINGS OF ADJACENT
PROPERTIES. -
oy N
9.) THE CONTRACTOR SHALL PROVIDE ALL NECESSARY DEMOLITION&EXCAVATION FOR ALL WORK AS I . ` . �y ` . 00
NEEDED TO COMPLETE THE NEW WORK AS SHOWN ON THE SITE PLAN. —
w rw- O ` CEJ
10.) ANY AND ALL ITEMS NOT SPECIFICALLY NOTED HEREIN THESE DOCUMENTS THAT ARE REQUIRED FORA O
COMPLETE INSTALLATION OF THE WORK INDICATED SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR- <i z 0 a
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579_44 »W
Existing Sidewalk 1 NEIN Concrete Sidewalk
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d"` .GONG. APRON••
Align New Sidewalk
TREE I NEW CONC. CURB MLL I R=.6' ,` , ` , ` ,with Existing
1 —— Professional Seal:
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18'-4„+/- 24,-0" 148,-0�, 20,-0, 18'-8„
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I #4 BARS @ 12"O.C.
TOP OF CONCRETE CURBING 4 BARS @ 12"O.C. �I 1X"x18» SMOOTH EPDXY EACH WAY
W COATED BARS @ 24" O.C. REBAR CHAIRS EVERY
BEYOND. EACH WAY DOW CORNING 890 „
a0 W TOPSOIL & SEED INSTALL AT ALL LOCATIONS SILICONE JOINT 48 MAX. TYP.
WARE CONCRETE ABUTS SEALANT
TOP OF NEWASPHALT REBAR CHAIRS EVERY own
Z EACH CONCRETE PLACEMENT.
PAVEMENT 48" MAX. TYP. a I J w w
POLYETHYLENE
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EU D �° EXPANSION CAP ? o
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\ \\ \\ 4,000 PSI SANFOt
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COMPACTED SUBGRADE ZJ
PREMOLDED
4,000 PSI CONC. (TYP.) � G
EXPANSION JOINT BOND BREAKER COMPACTED SUBGRADE 15 MIL POLYETHYLENE
15 MIL POLYETHYLENE VAPOR BARRIER -G
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TYPICAL CONCRETE PAVEMENT DETAIL AT ALL o
CONCRETE APRON SECTION DETAIL
APRONS — BETWEEN CONCRETE PLACEMENT �'oc
N.T.S.
PROPOSED:
' - $---�J� DEAN'S Parkin Lot
12" 8" VARIES "
i In the
Mattituck Hamlet
EXISTING PAVEMENT NEW 2 PAVEMENT
TO REMAIN THIS SIDE LU
OVERLAY THIS SIDE
4,000 PSI CONC. SIDEWALK O 111 i EMBED
4" THICK With 6x6-1010 WWF W W ?
NEW 2" PAVEMENT n- a J
OVERLAY CONTINUOUS TROWEL BIZ I' I' GRASS I LAYOUT
JOINT - TYPICAL EACH SIDE f a - r M
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PATCH & REPAIR EXISTING I - �,
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PAVEMENT WITH NEW HOT 00 _ LINE OF NEW PAVEMENT --
TOPSOIL & SEED TOPSOIL�SEEDI !_' -I(' ° Mattituck, New York
5 - 0 WHEN REQUI ED v -III _� -- - !_- - --' 1=
MIX ASPHALT AS NEEDED. 8 a I £,
- - � I _.. ...__.._�..� . .. ,. .., . • �'. . .. =
Q d BROOM "FINISH I d- I- I -III - 1- a _.... I Town of Southold
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RA
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= 1 1000-141-04-31.5
PAVEM ENT ;�;;\� ;� �,"\� \��i\�, %N`;,\\ , /\� /�
SCALE:
i \% AS NOTED
SAW CUT August 20, 2018
DATE:
. Iia PAVEMENT EXISTING REVISED: DESCRIPTION OF MODIFICATION:
N - -=I-,� _II, I-
SAW CUT
d 15 MIL POLYETHYLENE 3/4/19 PROJECT DETAILS
I VAPOR BARRIER PAVEMENT
EXISTING 4,000 PSI CONC. CURBING PATCH & COMPACT WITH
1L- ' a. COMPACTED SUBGRADE TYPICAL NEW ASPHALT
v = PATCH & COMPACT WITH
4,000 PSI CONC. CURBING NEW ASPHALT
PLACED INTEGRAL WITH SIDEWALK
COMPACTED SUB-GRADE
TYPICAL COMPACTED SUB-GRADE UNDISTURBED NATURAL SOIL
UNDISTURBED NATURAL SOIL COMPACT WHERE REQUIRED
SAW CUT EXISTING CONCRETE SIDEWALK
PAVEMENT COMPACT WHERE REQUIRED CONCRETE CURBING DETAIL
4
& INTEGRAL CURBING DETAIL N.T.S.
COMPACTED SUB-GRADE
N.T.S.
UNDISTURBED NATURAL SOIIL
COMPACT WHERE REQUIRED
i �
14'-4"
i
8" 12 4'-0»
TOP OF FOOTING ELEVATION
NEW 2" PAVEMENT ' TO BE FIELD VERIFIED WITH
OVERLAY THIS SIDE W I ENGINEER
OIW
W Z ! PATCH & REPAIR EXISTING
a J GRASS GRASS ROAD WITH NEW HOT MIX
ASPHALT AS NEEDED.
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_ �-.�_T.r.w.�_. Professional Seal:
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v ! - —i :�.� \ !:= I =1I- II— II=:ITOPSOIL Ii -1
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y -I- 4 THICK With 6x6-10 10 WWF
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�I _ 15 MIL POLYETHYLENE SAW CUT EXISTING
Ile v
VAPOR BARRIER = v - - PAVEMENT
4,000 PSI CONC. CURBING ' \\ `�
i,\,��, .
COMPACTED SUBGRADE COMPACTED SUB-GRADE
TYPICAL
SAW CUT EXISTING UNDISTURBED NATURAL SOIL
PAVEMENT COMPACT WHERE REQUIRED
PATCH & COMPACT WITH MIMI
CONCRETE SIDEWALK & CURBING DETAIL,
NEW ASPHALT N.T.S. DRAWING&
COMPACTED SUB-GRADE
UNDISTURBED NATURAL SOIL
COMPACT WHERE REQUIRED
SHEET /: OF