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Dean's Parking Lot Improvements
RESOLUTION 2019-460 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 R vCDa x� RECEIVED Office of the Town Attorney JUN - 4 2019 Town of Southold Southold Town clerk Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: June 3, 2019 Subject: Agreement between Town of Southold and Delalio Coal and Stone, Inc. d/b/a South Fork Asphalt With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting TOWN OF SOUTHOLD DEAN'S PARKING LOT IMNPROVEMENTS CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK CA, - i Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 Aprill8, 2019 (631) 765-1560 1 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 i 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 IB-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 r Contract Drawings INSTRUCTIONS TO BIDDERS KI ■ I INDEX 1 -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 i 15: ` 'Labor Law- 16. WagesRates` i 17. - -Insurance Requiredjby the Town of S6uthold3 18'. Quantities. I 1 j I I I , I 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. 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",-"NIA", "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 Performance Bond and until the completion of ten percent(10%) of the work under the Contract. IB -2 I , I ' 'INSTRUCTIONS TO BIDDERS , I (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 for 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- con'ntractor.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. I (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'i and,the bidder shall furnish,,to the Town, on request, -alf-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. Financials instability.of a bidder may be cause for non-award. 5. REJECTION OF BIDS I 4 (a) The:TOWN B©ARDlreservesithe,right to':reject=any,bid if.the evidence submitted)in the qualifications%statement,.ori ati:investigation.of such bidder fails,to satisfy:they TOWN BOARD that such:bidder-is,propefly,qualified'to,carry out obligations.of the'Contract,and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. - I - ,.,I.(b).The,TOWMBOARD reservesthe right to,reject.any,and!all.bids;,in whole.or in part;'to,waive -any,informality.," any,.or .all,bids, and to accept the`,bid or-part:thereof which dt deems"most favorable to the,rTown'a_fter-alt'bids have been examined iand%r,checked. 6. BIDDERS RESPONSIBILITY i +. (a) Bidders are cautioned not to submit bids until after hav'f g 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 E misunderstanding for I,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 r itemized form.,of bid, which.are imade apart: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�submittinghis bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the I IB - 3 :INSTRUCTIONS TO:BIDDERS s .extent;.cost, and character of the materials, :labor, and equipment,-required- to complete the ,'propose&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,,aind responsibility and.shall complete the-:work in whatever material and under whatever conditions he may encounter or create, without extra cost to the •Town: j . r:., , , ,• s (f)No pleas of ignorance or misunderstanding of conditionsAhat exist or•thatmay•hereafter, exist, ort 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 fulfills 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 extensiori•of time. 7. CONSTRUCTION TERMS AND CONDITIONS -!•The successful.bidder.is,Warnedrthat the work;specifieddn,the Conditions"of Contract'together . •{withfthe Instructionsoto Bidders; Proposal,Eorm,,General•}Conditions;-Plans,-Specifications and :instructions ofthe Engineer.or•his•duly authorizedtrepresentative will.be rigidly:enforced. 8. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE ,,The successful=bidder shall Abe,required to.execute'a Performance Bond Nual,-to 1 one,hundred percent`(1.0091o)of the.amount,bid, suchlbonds to be executed,by a NewiYork 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;aimaintenance'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,(I Q) 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.ofisuch 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. i 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 I 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, fof the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. a ' 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained i in the proposal package must be executed by the. Bidder and submitted with the proposal.1 The submission of this statement certifies- that the prices •in-this bid,have been arrived at independently without- collusion, consultation,-communication, or'agreerrient for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any-competitor. I 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation'of-the Contract Documents'or Drawings must be addressed in,writing to,-the-Town 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 irrithe 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 9 submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD i f7 I 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 conducta-price analysis ofthe,bid price prior to the award of the contract. 14.MUNICIPAL EXEMPT STATUS J { The Town is exempt from the payment of Federal, State !and local taxes. Taxes must not be included in proposal prices. 1 15. LABOR LAW z •I 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. i i IB - 5 I -INSTRUCTIONS T011 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=an.made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State,Industrial-,Commissioner pursuantito 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-a&true under the penalties of perjury: 17. INSURANCE REQUIRED BY THE TOWN OF�SOUTHOL , 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 t.T employment 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 Son.the-basis,of actual quantities•supplied or the actual work done at the unit prices quoted. IB 6 i STANDARD-INSURANCE REQUIREMENTS K a TOWN OF SOUTHOLD CONTRACT INSURANCE REOUIRFMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES I i 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 aor employee of the TOWN'OF SOUTHOLD including,-but'_nof limited r'- to Wotker's-,"Compensation coverage,' Unemployment•In`su'rance benefits, Social Security,coverage or retirement membership or credit. ll 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 his approved such insurance. • , I. ( is ac WORKERS' COMPENSATION: Contractor/vendor shall take of t 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;-amendments thereto and from any,otlier�1clai ns`for..property dairiage-and�`for personal,'injury-incWding`death, wliich•`hay arise,from operations und'er this'contract;`whether such operations by contractor'o'r by any other'-P&ty directly or iridirecfly employed-by the'contractof. Copy of Certificate to'be•pr"ovided`to the Town of Soixthold.' I - • DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability beiiefits.hnd 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'off the'contract, such,bodily injury liability'and property damage•liability insurance as shall'protect him'atid,the Town from claims-for'damages for bodily injuiy including=acci'dental'death, as well as Trom claims for property damage which may-arisdRom operations underithi"-contfac"t,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'minimiiin coverage accepfable: '- 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'acciAerit;`and in'an amount of not less than$1,000,000 (one million dollars),on account of all accidents (general aggregate). EXCESSYUMBRELLA 'INSURANCE: The contractor/vendor shall take 'o'ut and maintain during the life of the project an excess/umbrella insurance policy man amount of not less than r $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- 1 STAN DARD:INSURrANCE.REQUIREMENTS- y OTHER CONDITIONS OF-COMMERCIAL-GENERAL LIABILITY INSURANCE: ; L Coverage shall be,written on commercial•,general•liability form. 2. Coverage shall include: A.' Contractual liability. B. Independent contractors i 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;OOO;combined single limit, each,occurrence,,$1,,0,00,0QQiGeneral Aggregate. This insurance),nust-fully co•ver.the;legal-liability of the-Contractor,NA—MING-THE-CONTRACTOR AND TOWN OF SOUTHOLD AS INSURED' The contractor shall furnish the Town with the original,insurance policy. ADDITIONAL.CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. , . _ , 2. If any of the contractor'-s/yendor'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. 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"�,� .. �».t �t Y°�-rs� s �,e�•;s:.,to ':4T� i e �''•y, �-x,-ti#'tw1< �:a;'�"v.'5 L v''w: `�-.•.+",}; ,.a•sip�%K,��..-, +,{:; ,_p,-`:°;5��^' _''.*=.�_:�t. _,tj�a��:ic .,,:+3-r'4y.�i:`.:�!.ii` ":�y'.cg• ..t t 3.:�•,�,,<,s'>.ss'i„ '-�'.�-� :_t"�'�-n,,.,� }� "i`'a';'-;,'' `s'� ';s�'i'""r_!:!t.t,���i��-•,'�.;r_ r,.,:e,^-%'r��7i 1:,fi.�2•£::'t4��2,'�«.i.,.a.,-�.Sid.:.ls,•C..,.:foot:...�+Awa.,�,...a,,.,.'i''U",i4...«r.•:S::wEe+'+'::+�.w.:.:d=:,.,..�.:.'��A.ev..�'I€ �•,.+,...,�1Y..aCwiss"""}.".a�.�.>L"�a'.�•t..S:�3he.,..,•s.�aei:.:,.,.: .eS., �.tw� i 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. i I I ' i I i SIR- 3 i 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 1 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. WarningiSigns 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. N&Damages for-Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal L'aw. 1 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,'arid 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 -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 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,,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 creditor extra involved. He shall also provide supporting data and samples for Engineer's consideration.,: ..i 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•tb4he,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 fi=nished 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 isrequired under state and/or local law. The Owner shall be responsible for;obtamingthe,building fpermit 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 I (2) Fire prevention,permit (3) Health Departrnent/Aplication'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.- 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 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 contracts i B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of alike nature either within or without the limits of:thehighway, 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: : r �_ 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 felease/approval shall- be the responsibility of the Contractor. Acceptance of the contractor's performance bond in lieu of the Contractors road-opening-.bond shall -beat 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,jab 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 i 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 pen-nit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be 'responsible for obtaining approvals pursuant for Health Department permits described in paragraph 7.IA. 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. 1 , ; • (2) Contingentliability 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,6f.4he State of New York and/or the,Superintendent of Public Works,coveringliability arising with r'espect4o,all.operationsahrough 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.P.Idds-and-Specifications fiunished,to the.Uontractor 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--fiunished, 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•evdnt the meaning of any,portion•sof-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". r Additional copies of Plans and Specifications,when requested,will be fiunished to the Contractor at cost of reproduction. The Contractor shall fiu-nish 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 ofother 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 1 drawings; Specifications or pother documents, the.Contractor,shall;within,ten days from receiving such:Drawings,1 Specifications or documents; .notify-.the Engineer in writing of, such errors or 1 omissions. In the. event:°of r the Contractor's-failingto give:sdchrnotice;;he will be held responsible for.the results.-of any such-errors or omissions,and°,the cost of rectifying tie,same. b)If,-in the opinion oftthe Contractor; any. work,is shown'on Drawings,,or details,-or'is specified Sin sdehow.,manheri:as. will,make.=it::impossible to-produce _a first'-ciass -:piece ,of work,-,or,should discrepancies appear between the Drawings and/or Specifications, he shall refer-the'same Ito:the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such referencesao:the Engineer;no'excusewill-thereafter.be'entertainedifor failure:to carry.'outghe work id satisfactory,manner>asrdirected. ,1 = r c)•Should'a'conflict becurdn.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-Abr. 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. ,TEMP.ORARY.OFFICE.& TOILET::'The Contractor.shall•provide an:office•trailer_for use by,the,town;=and'its representatives. The.trailenshaT be,climate controlled•and have-a-zlean'plan table, desk and chair provided. inside. The-:Contractor shall provide, and =maintaia- a sanitary temporary toilet where-directed,•by'the Engineer.( The temporary toilet:i 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. PROPERMETHOD OF WORK•AND PROPER MATERIALS:. .The.Engineer-shall1ave the power,in)general to,direct the order and sequence.of}the.work, which'shalli be such as to permit theientire 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 sameAime: ..' 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. r 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 disputeaari§ing between the Contractor'afid=thetlnspector.as,'to materials fiunished 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 A&revoke;-'alter; enlarge,,relax,or release•any requirements of these Specifications, non to.approve or'accept any portion'of the work, nor,to�issue instruction contrary.to.the Plans an&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 bythe 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 ofrthe 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, becturned 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 goo&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 alli materials being manufactured are strictly,h 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,froin any-cause. 14. WAIVER: Neither,the inspection by the Owner or Engineer or any part of;their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of-any, money:nor any payment:for- or acceptance'of,-the whole or°any part-of the, work by the Engineer or the Owner nor any extension)of--time nor any possession taken by the Owner or'its employees shall operate, as`-a waiver of any provision °of this Contract or of any power herein reserved to the Owner or-any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative;that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS i . 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 startsuch repairs;within,five`(5):days.after,the receipt of notice from the Owner, and if the.,Contractor shall fail or neglect to,start'rsuch 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 .Co#tracit, the Contractor ishall- submit. a-proposed=program of operations,' showing clearly,how.he proposes, to conduot,the workso.,as to-bring about the,completion of his Work-within 4he-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.theinstallation 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'1Owner 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 persoris 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 wwork 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. 1 GC -9 i I 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 i&resumed,remedial action taken. , The,Owner reserves the right to remedy any neglect ion ithe=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 time's=for`safe prosecution of the work. I . 23. DAMAGES: The Contractor shall.pay and make goodall losses of 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. NIAllVrENANCE 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 ithe 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 cleanedfrom excess dirt and materials. GC- 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work,,a monument.marking a point of public,,or private'survey is encountered or brought to view by excavation, the'fact shall(at once be communicated to the Engineer. In no.case shall the Contractor remove the•same-until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be,carefully preserved and ithe 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 land 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 adjoininggthe:site of the-work, and�give reasonable-opporturiity:to and cooperation,with the owners of these utilities iin,the work of reconstructing or.altering'them. Such reconstruction and alteration!shall.be.so c6nducted;as to,delay :or!interfere as,little as practicable with the workzof the Contractor: Any additionali cost of various items of work because of these utilities shall�be-included in the:price bid(for,these items. Cl ,The`Engineer shall direct.the.public;utility corporations'to;shift"or, 'removes those utility'structures that,may"'.be'necessary,to permit the Contractor._to'carry,out the'jwork in accordance with the'Plans. The,Contractor shall'not remove or cause t6,be"rerrioved;,any.structure or.part,of a structure:owned by.a.public utility corporation without the approval'of the'Engineer.` t. •` 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 lof the utility corporation. I 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 belkept for the balance of the contract term and for six (6) years thereafter. I ,GC 11 ' i 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 conve �mg 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, or',public place, unless notice;thereof in writing,shall 'have'been given'•at least seventy.-two hours iintadvance to the person, corporation or municipality engaged in the.distribution of gas.in such territory: The personihaving 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, orcin 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 1.7. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contr'actor's Title to Materials 22. ' ' "SuperiritendencebyContracto`r''' 23. Protection of Work,Persons and Property, 24. 'Represeritations•of Contractor - 25:, Patent Rights, 26. Authority of the.Engineer - { 27: Changes and Alterations 28. 1 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 Confract 33. 'Responsibility`for'Work 34. Use of Premises and Removal of Debris 35. Suits of Law ' 16. ' Power of the Contractor toAcf in an'Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels,and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. -'Exemption from Sales and Use Tax CC- 1 CONDITIONS OF CONTRACT 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 partes 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, orits!duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address'and deposited in a United States mailbox. Directed, Required, Approved, Acceptable: Whenever they refer to the work or its'performance, "directed", "required", "permitted", "ordered", "designated",• "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to,,or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans,, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC -2 1 -CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACi TOR (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.l-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 Comperisationtlnsutance,payrolttaxes;required liy law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty.(20) percent as- full compensation afor all other,.items-of profit; costs,and•expenses, including administration;,overheads superintendence,-insurance, insurance other athan Workmen's Compensation Insurance, materials. used.in, temporary structures, allowances,made,iby the Cont'ractor•to subcontractors, additional premiums uponithe performance bond,of the-Contractor and the use of small tools. 1 _ 4.,TIME OF ESSENCE- INASMUCH SSENCEINASMUCH AS.THE PROVISIONS 1OF,THIS!CONTRACT{RELATLNG TO THE TRJE,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 PROVISIONSARE 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 L(45) CONSECUTIVE.CALENDAR DAYS from the date the.contract is signed by,all parties. The date of such completion shall be the date,of the:Certification'of Completion herein specified. The entire work must be satisfactorily completed,so that the project improvements are available to the Town for use. { CC-3 1 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 ihcomplete'•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. S. 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 faultor 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`respohsibility for-performance ofhis-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 C6htractor 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'percdnt (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. CC -4 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 limitingtthe Contractor while engaged in.executing the work under the Contrast. As a zondition 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,Contraetor'shall comply with the:provisions;of Sections 291-299,6f the Executive Lawrand Civil ,Rights Law, shall furnish all•information and reports deemed, necessary by•the State -Commission for:•hiuman 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.mayfbe forthwith i cancelled, terminated`or,suspended, in:whole or in part, bythe -contracting agency•uponthe basis ofa,finding made by the State Commission for,Human Rights that the Contractor has not complied`with these laws.: ' The Contractor hereby.•expresslyagrees to;comply with allahe provisions.of the,Labor Law and any and all amendments thereto, insofar as:the same:are applicable,to this Contract..The Labor Law,i as amended,-,provides :that no, laborer, workman of,,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 wo&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 1.933, 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-whewsuch 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 morel than Five Hundred Dollars ($500:00) or by4mpris6nment 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 perfoimed-upoii 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, onif-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 toy 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; maintenanceAnd/or 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 misdemeanour 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'thirty•:(30).days, or both by fine,andrimprisonment; fora 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 co&icted 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 FOREMPLOYMENT .No person under.the age:of sixteen(16).years and.no person'currently seining sentence in a penal or correctional institution shall be,employed to perform. any work,on-the •project.under this ContracL.-'No. person,,whose age iov physical'i condition is.such,-as,to,,make his employment ,dangerous,to,his.healthor safety or to.,the.health:or safety 6f.others,shall be employed to perform .anyiwork�onithis,p'ro*ect;"provided; however,,thatrsuch restrictions shall,not.operate.against the employment of physically handicapped persons, otherwise employable,f where;e_ach�person,may be safely assigned to work which they can ably perform. di ,-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. Neithershall the:Contractor andsubcontractor 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.iagainst or intimidated in violationrof the.provisions of this paragraph; provided that for a•second'or any subsequent.violation,of the,termstof this-paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES ; The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC -7 ..CONDITIONS,OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Monthly: At the end-of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily. done, based,upon the,.prices set forth in the Rroposal,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. r 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 hereini-contained.. Upon final settlement; according:to--the-.conditions herein specified.ands not until such,settlement shall have•been made, will;the•�Contracton be,-relieved •from•the obligations assumed•in the Contract. _• • :f (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,aff rmed as true under the penalties of perjury. CC - 8 •CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by-the Contractor of the final payment shall;be and shall,operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of,the Owner and others relating to or arising lout-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 lin ;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 I 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,ito.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. INSPEC•TIONAND 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_promp 1y 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'andtests 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. r 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-governw. 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 atthe-site-materially differing from those shown on the Plans or indicated in the Specifications,•he shall immediately give notice tw 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 iri-the manner; provided herein for-adjustment as to extra and/or additional work and changes. .21. CONTRACTOR'S TITLE TOMATERIAI;S 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 i 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-Contractors,payrolL� The Contractor's,superintendent and foreman must be able to read and speak the English language. 23.;PROTECTION OF WORK,PERSON&ANDTROPERTY - 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.n nderground 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 Assdciated,,Gemieral;_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. .A The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent -tproperty,:from,any_damage and:shall!replace or make.,goodiany such damage, foss, or,injury, ..unless such be caused:directly by errorscontained�in the,Contract Documents,-or by-the Owner .or its duly authorized representatives. The•Contractor.=shall provide, and:maintain such•Watchmen, barriers,1ights, flares and,-,other signals at his.own expense;.as will-effectively,,prevent-any accidentin consequeiice!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. `t The Contractor shall take particular care.to avoid the blocking of fire..hydrants,-fire alarm boxes, letterboxes,,traff c 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,finaneially 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 all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including:but not limited to any special acts relating to the work; and CC- 11 CONDITIONS'OF CONTRACT (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and 'used for the purpose for which- is ,intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site•of the work, and that from his own investigations.he has satisfied.himself as to the nature andlocation,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 condi_tions'which may in anyway affect the work or its performance. 25. PATENT RIGHTS . As.part of his,obligation hereunder and without any.additional compensation,the,Contractor.will pay i fort any:patent fees or.royalties required.in respect to the.work or any pa rt,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.infiingement 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,perfonn 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-,Kith the wor--k. Upon request,the Engineer,shall confirm -in writing any•oral3 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. 1 CC - 12 CONDITIONS OFCONTRACT 28. CORRECTION QYWORK 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 aslin 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;'whichmay appear within one=year,following:the final completion of'the work. Neither the-acceptance of,•the i completed work nor,,payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon -this Contractfor=the'Performance Bond. 29. WEATHER CONDITIONS Ingthe:event''of temporary.suspensioni of work or 'during:inclement weather ov 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�injuryfrom,:the•weather. If in the opinion of the Engineer any work or material shall have been damaged- or injured-byireason,offailure orf the "part•of the Contractor or any-of his•subcoritractors to3proteet his or•their work, such work'and materials shall.be removed.and replaced at the'expense of the Contractor., .3Q. .THROWNER'SiRIGHYTO WITHHOLD PAYMENTS i, 't The,,O.wner may withhold from the.Contractor so'much of any approved payments,due him as mays in the judgment of the Owner,be necessary:, : �^ (a) To assureAheipayment of just claim`s 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•froth,46ss due to'injury to persons or,damage`to,.the work,or propertyof 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 in.such manner as the Owner may deem proper 4o satisfy'such claims or to secure such protection. Such applications of such money shall be deemed payments-for the account of the Contractor. CC- 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a)The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b)A receiver-or liquidator shall be appointed for the Contractor,for any of his property,and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days;or ,(c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or 1-., ,' (d) The Contractor shall .refuse�or-fail to prosecute the work or any.-part thereof withl such diligence as will insure its completion within the periods herein specified(or any,duly authorized .extension thereof)orishall 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-ornotherwise bel-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 tand 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.';,.I 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 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 bygood and_satisf ctory 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 partidtpayment 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 tor,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 worLas 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�wo`r_kmanlike appearance; (c)Before final payment hereunder to remove all surplus material,temporary,.structures,plants of any description and debris of everyinature,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 tobell 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 iri.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 INANEMERGENCY In case"of anemergency; which,threatens loss or,injury to property and/or safety, of life, the Contractor will be permitted to act as he sees fit without previous instructions from the.Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be CC - 15 CONDITIONS OVeONTRACT 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 insertedin 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;this Contract nor assign any money due him hereunder"without first obtaining.the written.consent of,the-Owner:,This Contraa shall insure.the benefit of and shall be;binding.upon Ilse.patties 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�;conceining•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 fora period of five (5) years,after such refusal, .and any and all contracts made with any.municipalcorporation 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 good's delivered or work done'prior to the cancellation or termination shall be paid' CC - 16 CONDITIONS OF CONTRACT 40. GRADES,LINES,LEVELS AND SURVEYS The Engineer shall furnish the Contractor with the basic horizontal and vertical controls,from which the Contractor shall transfer and stake,his lines and grades and for their accuracy. , The Engineer will establish the basic horizontal,and vertical controls at the start of the work, and it shall be the responsibility of the Contractor to safeguard such controls; and if, in the opinion of the Engineer, these controls are damaged,or destroyed either in whole or in part, the Contractor shall pay the cost of having the damaged,controls verified, checked,corrected or replaced. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save charmless 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,pbsted with and;approyed 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. 41—LIEN LAW - Attention of all persons submitting bids -is specifically called to the provisions of Section 25, Subdivision 5, Sectioni 25A.and 25B of,the Lien:Law, as amended,.iri relation to funds being .received by contractor for a public'improvement declared to constitute trust funds in,the hands of such Contractor to be applied first to the payment of certain claims. 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member,partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the CC - 17 ' .,CONDITIONS,OF CONTRACT State or of any political subdivision thereof or of an,`authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person; and any firm;partnership or-corporation of which he is a member, partner, firm director.,or officer shall be disqualified from thereafter selling• to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for goods,-work,or services, for a period of five (5) years after such.refusal, and any and all contracts made-with any municipal corporation or any public department, agency, or official thereof on or,after the first day of July, 1959, by such person and any firm, partnership.or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellatio_ri or termiriation;:buMany 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.-adopte&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, limitations specified intax�law.1'115 (a) (1'5)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 i tax law; -provided, however,,no exemption shall exist under this paragraph unless such tangiblel personal property is to beco'me,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 taxa as described above. Procedures and forms are available,to the Contractor direct from the Instructions and!Interpretations Unit, State of New,York, Department of Taxation and Finance, State Campus,Albany,New York, 12227. , CC - 18 Town of Southold "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 ofthe 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: a�o Cc»L�Sicaz.c�bc2,$rptc F�,k Ash VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. ✓ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: [I-'V5 8710 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 1cygf1D IF APPLICABLE: DATE FILED: STATE FILED: lJL��on.'k If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOC OLDERS: (5% of outstanding shares,,, ,,,,,",,—) VN W=a&� LIST OFFICERS AND DIRECTORS: NAME TITLE fi If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 10 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: C�raafa- cl,(�c�, Scsur� n.� ieitia► :-- ADDRESS: j4a,,�Sv �c�tt rt�cnn;rr+� UL 4Ca4•W CONTACT: Q- Lsa 3+2. TELEPHONE: 631-X03 -OCB'1 FAX: Cry 3 -cZQr7b-0-47 E-MAIL: Satrt�Esc:s4netrcc�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 ' f VENDOR NAMEQ �I &aLg-Ski -, ':.uc Aiv, Sr:cina g 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 INSURANCES L DISQUALIF BIDDER. AUTHORIZED SIGNATURE r 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-pers n signing t s bi der the penalties of perjury, affirms the truth thereof. i%/� SWORN TO BEFORE ME THIS Signature&Company Position Apo) DAY OF 20_d Type Mine&Company Position gam_ 'D2LA1ic9 _«-%,a'.-Stac. Act_ Company Name NOTAI?\ W, W w ACV2 i_-_.�O.agw ;• SrarE •GAG �i Da Sie Date NEW YO eed / RK i NorA PUBLIC Quagfic�in Suffolk Co unlyFederal I.D.Number Co) �� �1CU6372046 /` ; Propds#4c�0\ab�\ 10 1 ' I THE PROPOSAL FORM Dean's Parking Lot Improvements VENDORNAME: 'betr4a VENDORADDRESS: =4 -4, �Q�-7� ►��St TELEPHONE NUMBER: -1,:3-oo-31 FAX 6Zt-;-e-5-o1 7 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 t 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 �y'� �/J o /� A , e da yo r 1 1 for !�'tlrw{ ,iL�z�o4-,-A Oyt—A4nC 4� A"W g -;, V, C� Dollars Cents co' Construct New Concrete Curbing e �r 0 2 862 forOf'tei° � :.�2� /LF �` Jr✓ �5 Dollars UUV Cents Construct Integral Concrete Curbing and 5'Wide Sidewalk /q 50q p � 5® 3 75 for Olm FTcr c �(T' � , /LF , Dollars U Cents Construct 5'Wide Concrete Sidewalk ,rl-�,r7 4 205 for a /LF `s rX Dollars Cents Construct Concrete Aprons 5 140 _ for 1W rIZegse. e4,O 1_.,_V /LF �o�iT"� j`� �of X 56 Dollars Cents Qom` Raise Cast Iron Grates and Covers to Final Grade + for Dollars Cents Asphalt Pavement Shim Mix 6 100 for '.co""6 /TON Dollars Cents 2"Asphalt Pavement Wearing Course 7 400 for a � � au .G' /TON Dollars U ents 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 �r� L 8 600 for o c�� P% o"Z4: /SF Dollars Cents 6"Topsoil and Seed ` 9 -540 --- for �,t is c"&A.%rJ � irze3 tr+�. /SY Dollars Cents TOTAL BASE BID Items(Add All Items) ollars 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/I 'e PRINT NAME Ze.Lau"To-- TITLE �� DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF f�-6�L ) ss.: On the day of eCs 1 in the year 2019 before me, the undersigned, personally appeared, 4,rrq W, Dz U I i o Tr- , 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. ��A W : A�l STATE Ili _ OF NEW YORK NOTARY PUBLIC _ INOTARY F� i r Ouahfied,n SuFolk County 01CU6372046 sS,ON EXP,R�� Proposal Package 10 of 10 Town of Southold BIDDER'S OiTALIFICATION 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: �orporat-io-n----i. ntity FIRM NAME:UA44o CoN Lc-S knits-, cOan,&,7,1 r tk 1k. n Individual PRINCIPAL OFFICE: /V0IL-flf A4"J Scree-e r PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How,many yearshas your organization been in business under its present business name? -506�1 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? f*-JO.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. PG 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. IV 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 lcF c�sceiT�{e! s*� —rcu✓z ''F S+1{ Tov" 0 1 $//6U�cxr' 5'a/cis' ..i-xrdr1.F-'an.���u $ 1{c�a�s� ��i a3,11 f-� �. �f frac -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# Telephone# Amount Completion %of Work R�e1=t PZQcr ii a- V �s� D BW Ge, I,i 60,ccX► RIa-) 11 Wil' 70 17n" 4Jeck- 1AW Vu. �@ Cp VL.GVc� ����`C�' /Kw-d. a0tV7 `70 1 o wu cPSoui G4A0p—. V Jo to,,c DaaMsrncd. Sii tot s-eyra CCU- -;F QS-2 1 - i 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? 'i-e-5 10. Bank References: 13,4,0k. 11. Trade Association Membership: A ""pe- 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? Alc, I QS-3 • I i 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 QCW'6&k ) COUNTY OF ) -�7n.4r(a.ir.Sw�03laGSC�1e� being duly sworn deposes and says that he is the of—Uz , S15A contractor and that answers to the foregoing questions and all statements therein contained are true and correct. ( ignature of person wh,• signed bid) Sworn to before me this day of Al?(",) 2019 Notary Public Commission Expiration Datpa alp 1,; r STATE OF NEW YORK N_OT_ARY PUBLICt \ Oual fled in Suffolk County OICU6372046 '//.788 ON EXP,R���```` 11111w QS-4 AGREEMENT THIS AGREEMENT, entered into this-22day of 2019, by and between the Town of Southold, New York ("the Town"), a municipal corporation Urganized and existing under the laws of the State of New York with offices at 53095 Main Road, Southold, New York, and Delalio Coal and Stone, Inc. d/b/a South Fork Asphalt (the "Contractor"), with an address of 224 A North Main Street, Southampton,NY 11968; WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named, agree as follows: ARTICLE 1. WORK TO BE DONE AND CONSIDERATION THEREFOR The Contractor shall perform the following: DESCRIPTION OF WORK The Contractor shall perform all curbing and paving work associated with the Dean's Parking Lot Improvements at the 13285 Sound Avenue Mattituck, NY. All work shall be completed in accordance with the attached Bid Specifications, the Contractor's Bid Response and the Plans and Drawings entitled Dean's Parking Lot Improvements, drawn by Town of Southold Engineering Department, a copy of which is attached hereto and made a part hereof. ARTICLE 2. TIME OF COMPLETION The services to be rendered under this Contract shall be completed no later than forty five (45) consecutive calendar days after the execution of this Agreement. Time of performance is of the essence of this Agreement. ARTICLE 3. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the Contract has been fully performed and an inspection by the Town Engineer to certify that the work has been completed to the satisfaction of the Town, the Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the Contractor$191,000.00. ARTICLE 4. CONTRACTOR'S INSURANCE The Contractor shall not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the Town. (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract Workers' Compensation Insurance for its employees to be assigned to the work hereunder. (b) Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it from claims for damages for personal injury, including accidental death, as well as from claims for property 1 i' damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: General liability insurance in an amount not less than $1,000,000 for injuries, including wrongful death to any one person and subject to the same limit for each, person, in an amount not less than $2,000,000 on account of any one occurrence. Property damage insurance in an amount not less than $300,000 for damage on account of all occurrences. Commercial auto liability insurance in an amount not less than $500,000 for damage on account of all occurrences. The Contractor shall furnish the above insurances to the Town and shall also name the Town as an additional named insured in said policies. (c) Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible and not later than three (3) days after the date,of such accident. ARTICLE 5. BONDS Prior to the execution of this Agreement, the Contractor shall furnish to the Town a Performance Bond wherein the named obligee is the Town. The performance bond's purpose is to secure the faithful performance of the Agreement. The Bond amount shall be $191,000.00. The bond shall be executed by a surety company approved by the Town, authorized to do business in the State of New York and with an office or representative in Suffolk County, New York. The form shall be acceptable to the Town and shall have a term through the completion of services. As an alternative to ,the Performance Bond, the Contractor' may furnish a certified check, bank draft, money order, or a standard form irrevocable letter of credit. Certified check, bank draft or money order must be made payable to the order of the Town. The standard form irrevocable letter of credit shall be in a form acceptable to the Town. i In the event the Contractor secures a Performance Bond from any of its subcontractors, said bond shall also name the Town as a dual obligee. In the event the Contractor fails to perform its obligations under this Agreement, the Town may terminate such agreement, and the Town may procure the services from other sources and hold the Contractor responsible for any excess costs incurred and deduct from payments owing to the Contractor and/or draw upon the Performance Bond as full or partial reimbursement for such excess costs. ARTICLE 6. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: 2 ; /t a (a) That it is financially solvent and that it is experienced in and competent to perform the type of work or to furnish mechanical maintenance dredging to be furnished by it;•and (b) That it is familiar with all federal, state, municipal and department laws, ordinances and regulations which may in any way affect the work or those employed therein. ARTICLE 7. PERMITS AND REGULATIONS The Contractor shall comply with all permits issued to the Town in connection with the services furnished under this Agreement. ARTICLE 8. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT The Town shall have the right to stop work or terminate the Contract if (a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or (b) A receiver or liquidator is appointed for the Contractor or for any of its property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within the said 20 days; or (c) The Contractor refuses or fails to prosecute the work or any part thereof with due diligence; or (d) The Contractor fails to make prompt payment to persons supplying labor for the work; or (e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or' (f) The Contractor is guilty of a substantial violation of any provision of this Contract; (g) The Town's execution and participation in this contract is found to be in violation of an existing collective bargaining agreement. (h) In any event, the Town, without prejudice to any other rights-or remedy it may have, may, with our without cause, by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and its right to proceed as to the work. In such case, the Contractor shall not be entitled to receive any further payment beyond what owed in quantum meruit! ARTICLE 9. DAMAGES It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be performed by it under this Contract shall be that of an independent contractor. As an 'independent contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents, or employees have been negligent. The Contractor shall hold and keep the Town free and discharged of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume all responsibility for risks or casualties,of every description, for loss or injury to persons or property arising out of the nature of the work, from the action of the elements; or from any unforeseen or unusual 3 difficulty. The Contractor shall make good any damages that may occur in consequence of the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any nature by reason of neglect or violation of any federal, state, county or local laws,regulations or ordinances. ARTICLE 10. INDEMNITY AND SAVE HARMLESS AGREEMENT The Contractor agrees to indemnify and save the Town,,its officers, agents and employees harmless from any liability imposed upon the Town, its officers, agents and/or employees arising from the negligence, active or passive, of the Contractor and from and against any damages, claims, or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out of claims or, actions by third parties against Contractor by virtue of his performance of this Agreement. ARTICLE 11. NO ASSIGNMENT 1 In accordance with the provisions of section 109 of the General Municipal Law, the Contractor is- hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town. ARTICLE 12. REQUIRED PROVISIONS OF LAW Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to have been inserted herein. If any such provision is not inserted, through mistake or otherwise, then upon the application of either party, this Contract shall be physically amended forthwith to make such insertion. In particular,the Contractor shall, among other things, fully comply with: (a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and providing equalopportunity. (b) Affirmative action as required by the Labor Law. (c) Prevention of dust hazard required by Labor Law section 222-a. (d) Preference in employment of persons required by Labor Law section 222. (e) Eight-hour workday as required by Labor Law section'220(2). ARTICLE 13. PREVAILING WAGE RATES REQUIRED BY LAW (a) The parties hereto, in accordance with the provisionsi of section 220(3) of the Labor Law, hereby agree that there shall be paid each employee engaged in work under this Contract not less than the wage rate and supplements set opposite the trade or occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made a part of this Agreement, which are the wage rates and supplements established as the prevailing rate of wages for the work covered by this Contract. 4 I` (b) Labor classifications not appearing on the schedule of wages can be used only with the consent of the Owner and then the rate to be paid will be given by the Owner after being advised by the Department of Labor. (c) The Contractor shall post in a prominent and accessible place on the site of the work a legible statement of all wage rates and supplements, as specified in the Contract, for the various classes of mechanics, workingmen/women, or laborers employed on the work. ARTICLE 14. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town of Southold, at a meeting thereof held on May 7, 2019. Scott A. Russell, Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town. This instrument shall be executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the office of the Town Clerk, Elizabeth Neville. ARTICLE 15. NOTICES Any and all notices and payments required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto: To Town: Elizabeth A. Neville, RMC, CMC Southold Town Clerk PO Box 1179 Southold, NY 11971-0959 With a copy to: Michael Collins and James Richter Southold Town Engineer P.O. Box 1179 Southold, NY 11971-0959 To Contractor: Delalio Coal and Stone, Inc. d/b/a South Fork Asphalt 224 A North Main St. Southampton, NY 11968; ARTICLE 16. WAIVER No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 17. MODIFICATION This, Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid-unless in writing and signed by both parties. 5 ARTICLE 18. APPLICABLE LAW& CHOICE OF VENUE This Agreement is governed by the laws of the State of New York and any action commenced in relation to this contract shall be brought in Supreme Court, Suffolk County. IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly signed the day and year first above written. TOWNOF SOU OLD By: Scott A. Russell, Supervisor DELALIO COAL AND STONE, INC. D/B/A SOU ORK AS HALT By: ' Perry W. Delalio, Jr. STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) k On this day of in the year 2019 before me personally appeared SCOTT A. RUSSELL,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. (3(avut o -m h Notary Public STATE OF NEW YORK) LAUREN M.STANDISH ss.: Notary Public-State of New York No.01 ST6164008 COUNTY OF SUFFOLK) Qualified in Suffolk County Commission Expires April 9, 2023 On the ZZ-day of in the year 2019 personally appeared Perry W. Delalio, Jr., personally known to me or pro ed to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity and that by his/her signature on the instrument, the individual or the person upon whose behalf of which the individual acted, executed the instrument. N tary Public - 6 MARY L.SILLECK Notary Public, State of New York No. 01 S 14984608 Qualified in Suffolk Coun Commission Expires July 29, Q 2� 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� ~� 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 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: i 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 i DIVISION 1 -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. 1—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 , i DIVISION 1 -Page 1 of 13 . , DI:VISION 1 -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.,b&,ADA, 'compliant in all'_-respec_ts 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 S 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 -GENERAL:REQUIREMENTS 1 General Requirements_, 7, . 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 •byAlie- 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 i 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 l Shop Drawing or ,schedule. The Contractor shall submit six(6)copies of each requested item to the Engineer for approval. ! SUPERINTENDENCEAND 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 oto'Yprosecute the.*btk to:full completion in the manner and time specified. All workmen must have sufficient skill and experience yin such work-to properly and satisfactorily perform�•if and operate.the-equipment involved.,i Any per-son 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. 1 r S s 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 QF TRAFFIC The Contractor shall so conduct;his•operations as to-interfere toF 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 trafficibecause 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!Einterfere,-as little as practicable,with the work of the Contractor. t Any additional cost of various items of-work-because.ofthese utilities shallbe included in the price bid'for=these items. B. The Engineer)shall idirect 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. ngineer:C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within-the limits of_or`along3the outside ofthe right-of- way,to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his'operations,iii-such away 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 ofthe.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.iand: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 I the Engineer.for approval. �The list shall contain -firm-;names;.names-of all, principals-and-addresses and projects completed by each Subcontractor and mames, 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 xminimum of five (5) projects for each proposed Subcontractormust 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, meth"od&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 tunes 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 ,1 , DIVISION.1 -GENERAL REOUIREMENTS respective contract to be new and of gooddquality 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 Contractbr 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-iri the Proposal Form. END OF SECTION 01010'=GENERAL I 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-, ventilation-,ti?at_on, +eleph o (ifieluding fiax maehin ,,water and sanitary facilities. B. Temporary. Controls — Barriers, enclosures. and.fencing,' protection of the Work, and water control. C. ConstructionTacilities — Access 'roads, parking, progress.cleaning, project)signage, and temporary buildings. TEMPORARY ELECTRIMY power-fnr tmetien+v an voiabini rsi ied pproximate to the eenstrruetion area. The-tempamf J shall be respensible-for-providing teWefar-y eleetrie power- to all trades, for-the duratien of the- TEMPORARY WATER SERVICE A. The C.-Afift-Re or-shall pFevide tempomr-y Water-service for- eenstw-fienp kafy B. Potable water shall be furnished for construction personnel by portable containers. —and- releeated as neeessary to meet+o,.. perar-y water-.....,,,,:..,....ent s. D. The Gentraaer shall install a meter and ay for- all expenses asseeiated vAth te or-apr P MP water- JVl Y1ser. V e during �;L� 1,the e .� inelu ifig fu 11 neeessary peFm•+ and f o required Fvi to + •E. Gemp ith .,l— l apphe ble eedace-s--and for—air—nP. Peetions—card a F. Upon eemnletion of all work, +1, / +. + 1, 11 ,l' + ,l 11 + r r , �.,. J11u11Zi1JVr-emeve .l fi +. Vau1VV aV11J tAll\A IlALGQtiT. • TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the DIVISION 1---Page 8 of 13 i 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, an& disinfect facilities in a satisfactory manner-and enforce proper use of the sanitary facilities. ' D. The Contractor shall be subject to a:fine and prosecution if any human excrement is deposited in or around the construction site. i 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 a`s are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. R. Accident" 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out bf,-or- in connection'(with, the performance of the work, `E 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 accountsof 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 17 Page 9 of 13 ;' DIVISION 1.-GENERAL.REOUIREMENTS 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. - Maintainxoads 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 i I ' I 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'damag' 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. , i . 1 END OF SECTION 01500'—CONSTRUCTION FACILITIES AND TEMPORARY , CONTROLS , DIVISION 1 -_Page 14 of 131, 1 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 theirs 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' i i 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 i i I i DIVISION 1 -Page 13 of 13 DIVISION 2-'SITE WORK GENERAL The work under this Division shall be subject to the requirements of ithe "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 • s i J 'f i , s �• : J: DIVISION 2 - 1 of4 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 xemoval of the existing asphalt, concrete and door entryway to the Recreation,Center. i ; , - ' 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 1 i 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 limes. INSPECTION A. The Contractor shall visit and-thoroughly familiarize them with•the-site and with the scope°of work"to be done. ; -i B. When the Contractor submits theirproposal, it shall be,,interpreied•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 sCodes,,Rules°farad Regulations`of the State of New York. ` BI.,;, 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 asto:their correctness by visiting,the site of the proposed work ands examining the,actual=condition"prior to the beginning of the work. ADJUST AND CLEAN 3 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 1 a DIVISION 2 - 3 of 4 r + 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 location's approved by the engineer.,Nd equipment shall be parked or repaired, and no oil, gasoline, concrete or other;debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and.disposed,of off-,site. { F. Obstructive and broken branches should-be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut•the'underside:of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or .;further out.from trunk.- .The fmal"cut should"be made by;placing the -shears or saw in front 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 plantedfat 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 backfilledtwith topsoil.as soon as practicable and shall be watered and protected from further"damage. END OF SECTION-SECTION 02200 -SITE PREPARATIOM DIVISION 2 - 4 of'4 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 alLanchors insert's;a 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. i 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. a B. Build in anchors, inserts or slots as required for proper anchorage. . i A DIVISION 3 —Page 2 of 8' DIVISION-3 - CONCRETE GENERAL The work underthis 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,-.DIVISIONNO.3-CONCRETE Included in this Division are the following sections: 03100 Concrete'Form Work 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete = - i DIVISION 3 —Page 1 of 8 { DIVISION 3 -CONCRETE - r ' C. Set in concrete all sleeves fiunished,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. ' { l - J I ' 1 I I 1 1 DIVISION 3 —Pago.3 of 8 1 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-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,Conorete: 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. r DIVISION 3 —Page 5 of 8 DIVISION-3 -CONCRETE REINFORCEMENT (Amendments to ACI 301,_Chapter. 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,,16-1/2 gage or heavier. PRODUCTION (Amendments to ACI 301, Chapter 7) j 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 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 f 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 thatmay adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301, Chapter S) A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not,allow concrete-sto 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 of8 DIVISION 3 -CONCRETE below: ' z 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 WCI 301,E Chapter 14) _ t 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 Tand testing.of cylinders shall be-borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE: t DIVISION 3 —Page 8 of 8 t ` Financial Statements And Supplementary Information For the Year Ended December 31,2018 i } i i DeLalio Coal&Stone Co.,Inc. Financial Statements and Supplementary Information For the Year Ended December 31,2018 Table of Contents Page Independent Accountant's Review Report 1 Financial Statements Balance Sheet 2 Statement of income and Retained Earnings 3 Statement of Cash Flows 4 Notes to Financial Statements 5 Supplementary Information Schedule of Operating Expenses—Schedule A 12 Schedule of Status of Contracts—Schedule B 13 1 PhI110 R.l;utino,'+,CPA itAI s Robert:E.White,CPA/PFS .AL_ John E.Larkfn,°CPA/ABV Thomas,p-Terii.CPA MARKOWITZ, FE LON & A ' -, LLP oseph'R.Mammina,&.,CPA CERTIFIED PUBLIC ACCOUNTANTS INDEPENDENT ACCOUNTANT'S REVIEW REPORT To the Stockholders of Delalio Coal&Stone Co.,Inc. Southampton,New York We have reviewed the accompanying financial statements of DeLalio Coal & Stone Co., Inc. (an S Corporation), which comprise the balance sheet as of December 31,2018,and the related statements of income and retained earnings and cash flows for the,year then ended, and the related notes to the financial statements. A review includes primarily applying analytical procedures to management's financial data and making inquiries of Company management. A review is substantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial statements as a whole. Accordingly,we do no express such an opinion. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America;this includes the design, implementation, and"maintenance of internal control relevant to the preparation and fair presentation of financiatstatements that are free from material misstatement whether due to fraud or error. Accountant's Responsibility Our responsibility is to conduct the review engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. Those standards require us to perform procedures to obtain limited assurance as a basis for reporting whether we are aware of any material modifications that should be made to the financial statements for them to be in accordance with accounting principles generally accepted in the United States of America.We believe that the results of our procedures provide a reasonable basis for our conclusion. Accountant's Conclusion Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be in accordance with accounting principles generally accepted in the United States of America. Supplementary Information The supplementary information included in Schedules A and B is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from, and relates directly to,the underlying accounting and other records used to;prepare the financial statements.The supplementary information has been subjected to the review procedures applied in our review of the basic financial statements.We are not aware of any material modifications that should be made to the supplementary information. We have not audited the supplementary information and do not express an opinion on such information. Markowitz,Fenelon&Bank,LLP Bridgehampton,New York March 29,2019 $52 East Main Street'� Riverhead,New York 11901 j T 631.727:8626 (f 631.727.6058 www.MFBcpaxom Bridgehampton Riverhead . • r i DeLalio Coal&Stone Co.,Inc. Balance Sheet As of December 31,2018 ASSETS i Current Assets Cash $ 603,534 Accounts Receivable 466,078 Inventory 31,088 Bid Deposits 149 Due from Related Party 1,425 Advances to Employees 3,927 Total Current Assets 1,106,201 Fixed Assets Leasebold Improvements 7,521 Vehicles and Trailers 1,668,518 Equipment 2,067,429 Less: Accumulated Depreciation (2,729,377) Net Fixed Assets 1,014,091 Total Assets $ 2,120,292 LIABILITIES AND EQUITY Current Liabilities Accounts Payable $ 420,953 Customer Deposits 190,362 Sales Tax Payable 1,009 Notes Payable-Current Portion 277,791 Total Current Liabilities 890,115 Long-Term Liabilities Notes Payable 504,687 Total Liabilities 1,394,802 v Equity Capital Stock 65,000 Additional Paid in Capital 300,000 Less:Treasury Stock (141,607) Retained Earnings 502,097 r { Total Equity 725,490 Total Liabilities and Equity $ 2,120.292 i See Accompanying Notes and Independent Accountant's Review Report. 2 I ' I DeLalio Coal&Stone Co.,Inc. Statement of Income and Retained Earnings For the Year Ended December 31,2018 INCOME Municipal Contracts $ 2,009,315 Paving and Driveways 4,051,400 Finance Charges 1,443 Equipment Rental 18,990 Total Income 6,081,148 COST OF GOODS SOLID Beginning Inventory 32,889 Materials and Freight 1,308,675 Equipment Rental 690,152 Employee Benefits 285,973 f Direct Labor 573,746 ' Payroll Taxes 73,990 Subcontractors 492,770 Less:Ending Inventory (31,088) Total Cost of Goods Sold 3,427,107 Gross Profit 2,654,041 OPERATING EXPENSES-SCHEDULE A 2,304,770 Net Income From Operations 349,271 OTHER INCOME(EXPENSES) , Loss on Disposal of Fixed Assets (679) Interest Income 1,120 Total Other Income(Expenses) 441 Net Income 349,712 Retained Earnings-Beginning of Year 152,385 Retained Earnings-End of Year $ 502,097 i See Accompanying Notes and Independent Accountant's Review Report. 3 i L r DeLalio Coal&Stone Co.,Inc. Statement of Cash Flows For the Year Ended December 31,2018 Cash Flows From Operating Activities: Net Income $ 349,712 Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities: Depreciation 364,438 Loss on Disposal of Fixed Assets 679 (Increase)Decrease in: Accounts Receivable 76,351 Inventory 1,801 Bid Deposits (149) Due from Related Party (1,425) Advances to Employees 1,773 (Decrease)Increase in: Accounts Payable (125,480) Customer Deposits 15,390 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts (263,376) Sales Tax Payable 512 401K Loan Payable (150) Due to Related Party (13,056) Net Cash Provided/(Used)by Operating Activities 407,020 i Cash Flows From Investing Activities: Proceeds from Sale of Fixed Asset 4,000 Acquisition of Fixed Assets (214,796) Net Cash Provided/(Used)by Investing Activities (210,796) i Cash Flows From Financing Activities: Proceeds of Notes Payable 178,736 Repayments on Notes Payable (256,157) Repayment of Stockholder Loan Payable (351,689) Net Cash Provided/(Used)by Financing Activities (429,110) Net Change in Cash (232,886) Cash-Beginning of Year 836,420 Cash-End of Year $ 603,534 Supplemental Cash Flow Disclosure Interest Paid $ 29,574 Taxes Paid $ - See Accompanying Notes and Independent Accountant's Review Report. 4 I i • DeLalio Coal&Stone Co.,Inc. Notes to Financial Stateents December 31,201 Note 1. Summary of Significant Accounting Policies Business Activity DeLalio Coal & Stone Co., Inc. (the Company) was incorporated under the laws of the State of New York on November 14, 1974. It is operated as a Subchapter "S" Corporation. The Company acquired South Fork Asphalt Corporation and conducts business under the assumed name o DeLalio Coal and Stone D/B/A South Fork Asphalt. The Company is involved in larger paving contracts and in bidding for municipal government contracts as well as smaller private jobs. Basis of Accounting The accompanying financial statements have been prepared using the accrual basis of accounting in accordance with accounting principles generally accepted in the United States. consequently,all revenue is recognized as gross income when earned,and cost of goods sold and operating expenses as deductions from gross income when incurred. Revenue and Cost Recognition Revenue from construction contracts is recognized on the percentage-of-completion method, measured by the percentage of costs incurred to date to estimated total costs for each contract.This method is used because management considers expended costs to be the best available measure of progress on these contracts. Because of the inherent uncertainties in estimating costs it is at least reasonably possible,that the estimates used will change within the near term.Contract costs include all direct material and labor costs and those indirect costs related to contract performance, such as indirect labor,supplies,tools and repairs.Selling and general and administrative costs are charged to expense as incurred. The asset "Costs and estimated earnings in excess of billings on uncompleted contracts" represents revenues recognized in excess of amounts billed.The liability"Billings in excess of costs and estimated earnings on uncompleted contracts"represents billings in excess of revenues recognized. Noncontract revenue from snow plow and rental services as well as material sales are recognized when such services are rendered and/or product is sold. Cash Eguivalents For the purpose of the statement of cash flows,cash equivalents include time,deposits,certificates of deposit,and all highly liquid debt instruments with original maturities of three months or less. Accounts Receivable As revenue is billed,accounts receivable is recorded.Accounreceivable that are older than thirty days are considered past due.The Company periodically evaluates the balances ine,various aging categories,as well as the status of any significant past due accounts,to determine if any balances are uncollectible. At December 31,2018,the Company considered all remaining accounts receivable to be fully collectible. Accordingly,no allowance for.doubtful accounts is deemed necessary. When management determines that a receivable is uncollectib e,'the balance is removed from the receivables balance and is charged to an allowance.'Subsequent recoveries of amounts previously written off are credited directly to earnings. Inventory Inventory consists of various stone and is charged to expense, at the time of purchase. A physical inventory is conducted at year-end and inventory is adjusted accordingly. Inventory is determined;utilizing the cost method based on the latest purchase price. See Independent Accountant's Review Report. i 5 i i I DeLalio Coal&Stone Co.,Inc. Notes to Financial Statements December 31,201 Fixed Assets and Depreciation Fixed assets are stated at cost.Depreciation is provided princip 11y on the straight-line and declining-balance methods for financial reporting purposes at rates based on the following estimated useful lives. Leasehold Improvements 31 years Vehicles and Trailers 5-10 years Equipment 5-25 years The cost of assets sold or otherwise disposed of and the accumulated depreciation thereon are eliminated from the accounts and the resulting gain or loss is reflected in income except for assets traded where no cash is received. Expenditures for maintenance and repairs are charged to expense as incurred; replacements and betterments that extend the useful lives are capitalized. Long-lived assets held and used by the Company are revi wed for impairment whenever events or changes in circumstances indicate that the carrying amount of an asset may not be recoverable. In the event that facts and circumstances indicate that the cost of any long-lived assets may be impaired an evaluation of recoverability would be performed. Depreciation expense for the year ended December 31,2018 was$364,438. Income Taxes The Company is an S Corporation for income tax reporting purposes and,as such,is not subject to income tax. The income tax liability of the individual stockholder is not accrued on the books of the Company. Accordingly, no liability or provision for income taxes is included in the accompanying financial statements. FASB ASC 740 clarifies the accounting for uncertainty in income taxes recognized in a company's financial statements. FASB ASC 740 details how companies should recognize, measure,present, and disclose uncertain tax positions that have been or are expected to be taken. As such, financial statements will reflect expected future tax consequences of uncertain tax positions presuming the taxing g authorities' full knowledge of the position and all relevant facts. The Company did not have unrecognized tax benefits as of December 31,2018 and does not expect this to change significantly over the next 12 months. In connection with the adoption of FASB ASC 740,the Company will recognize interest and penalties accrued on any unrecognized tax benefits as a component of income tax expense. As of December 31,2018,the Company has not accrued interest or penalties related to uncertain tax positions. I The Company's federal and state income tax returns for the years ended December 31,2018,2017 and 2016 could be subject to examination by the taxing authorities,generally forlthree years after they are filed. I Profit Sharine Plan The Company has a Section 401(k)retirement plan, which covers substantially all employees. The Company can make both a discretionary matching contribution and a profit;sharing plan contribution for all eligible employees. Advertising and Promotion The Company's policy is to expense advertising and promotion costs as the costs are incurred. Advertising and promotion expense for the year ended December 31,2018 was$31,487. Presentation of Sales Taxes The Company collects sales tax from customers and remits these amounts to applicable taxing authorities. The Company's accounting policy is to exclude these taxes from Irevenues and costs of sales and report the amounts as a liability on the balance sheet. See Independent Accountant's Review Report. 6 DeLalio Coal&Stone Co.,Inc. Notes to Financial Statements December 31,201 Use of Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts or revenues and expenses during the reporting periods. Actual re sults could differ from those estimates. Subsequent Events i In preparing these financial statements,the Company has evaluated events and transactions for potential recognition or disclosure through March 29,2019,the date the financial statements were available to be issued. Note 2. Accounts Receivable Accounts receivable consisted of the following at December 31,2018: f Uncompleted Contracts-Current $ - Completed Contracts-Current 466,078 $ 466,078 Note 3. Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts Costs Incurred on Uncompleted Contracts $ - Estimated Remaining Gross Profit - Cost and Estimate Earnings - Less:Billings to Date - Included in the accompanying balance sheet un erthe following captions: i Costs and estimated earnings in excess ofbiliings on uncompleted contracts 1 $ - Billings in excess of costs and estimated earnings on uncompleted contracts - $ - For the year ended December 31,2018,there were no billing in-excess of costs or estimated earnings on uncompleted contracts. t See Independent Accountant's Review Report. 7 i I IDeLalio Coal&Stone Co.,Inc. Notes to Financial Statements December 31,2018 Note 4. Backlog The following schedule summarizes changes in backlog on contracts obtained during the year ended December 31, 2018. Backlog represents the amount of revenue the Company expects to realize from work to be performed on uncompleted contracts in progress at year end and from contractual agreements on which work has not yet begun. Backlog Balance at Beginning ofYear $ 1,554,973 New Contracts During the Year 6,145,750 7,700,723 Less:Contract Revenues Eared During the Year (6,060,715) 1 Backlog Balance at End of Year $ 1,640,008 Note 5. Notes Payable Notes Payable as of December 31,2018 consisted of the following: Note payable to a financial institution,monthly payments of $3,415,plus interest at 4.80%,due April 2020.Secured by vehicle. $ 52,833 Note payable to a financial institution,monthly payments of $397,without interest,due August 2020.Secured by equipment. 7,947 Note payable to a financial institution,monthly payments of $1,106,without interest,due November 2020.Secured by equipment. 25,437 Note payable to a financial institution,monthly payments of $2,093,without interest,due July 2020.Secured by equipment, 37,676 Note payable to a financial institution,monthly payments of $2,161,without interest,due January 2021.Secured by equipment. 51,872 Note payable to a financial institution,monthly principal- paymmments of$4,076,plus interest at 4.99%,due June 2021. Secured by equipment. 111,150 Note payable to a financial institution,monthly principal payments of$7,895,plus interest at 4.35%,due September 2022.Secured by equipment. 327,244 Carried Forward $ 614,159 See Independent Accountant's Review Report. 8 { lbeLalio Coal&Stone Co.,Inc. Notes to Financial Statements December 31,2018 Brought Forward $ 614,159 Note payable to a financial institution,monthly principal payments of$3,085,without interest;due September 2022. Secured by equipment. 141,491 Note payable to a financial institution,monthly principal payments of$576,plus interest at 4.29%,due March 2023. Secured by equipment. 16,828 Total Notes Payable 782,478 Less:Current Portion (277,791) Long-Tenn Debt $ 504,687 A schedule of maturities of long-term debt is as follows: Years Fhding December 31, 2019 $ 277,791 2020 242,927 2021 153,127 2022 106,916 2023 1,717 $ 782,478 Note 6. Line-of-Credit The Company has available a line-of-credit agreement under which it may borrow up to$750,000. Interest is set at the greater of 5.0%or 1.0%over the bank's prime lending rate. This line matures on October 30,2019,at which time all outstanding principal and interest will become due. The loan is secured by all the assets of the Company and is personally guaranteed by the majority'stockholder. The line-of-credit had no outstanding advances as of December 31,2018. t Note 7. Operating Leases Office Space The Company leases office space on a month-to-month basis from a partnership owned by related parties. Rent expense for this property was$198,000 for the year ended December 31,2018. As of December 31,2018,there were no amounts due to or from the affiliate for rent. Vehicle In October 2017,the Company leased a vehicle for a period of three years,payable at a monthly rate of$959 through October 2020.Total amounts charged to expense in 2018 were$11,511. See Independent Accountant's Review Report. 9 I I ,e` DeLalio Coal&Stone Co.,Inc. Notes to Financial Statements December 31,2018 The following is a schedule of future minimum lease payments on this operating lease for the years ending December 31: 2019 $ 11,511 2020 11,511 $ 23,022 Note 8. Profit Sharing Plan The Company sponsors a 401(k) retirement/savings plan. Employees meeting certain eligibility requirements as specified in the plan document are allowed to participate. The-Company will match 100% of the employee's contribution up to a maximum of 3%of their eligible gross wages. Matching contributions made by the Company were$23,900 for the year ended December 31,2018. Note 9. Stockholders'Equity As of December 31,2018,the Company had authorized capital stock consisting of 210 shares of common stock,of which 210 shares were issued and 50 shares were outstanding. The remaining 160 issued shares are held in treasury and were recorded using the cost method. The stock has no par value. Note 10. Related Party Transactions The Company has a month-to-month lease agreement for its office space with a partnership owned by related parties. See Note 7 Leases for details. During 2018,the Company received several advances and made repayments to a related party for various business purposes. As of December 31,2018,the related party owed the Company$1,425. The Company rents equipment from a related party throughoutthe year. For the year ended December 31,2018,total amounts paid were$91,673,which is included in total equipment rental in the statement of income. The Company made repayments on a stockholder loan totaling$351,689. As of December 31,2018,the balance of the stockholder loan payable was zero. Note 11.Concentrations of Credit Risk Cash The Company maintains its cash in bank deposit accounts,which,at times,may exceed federally insured limits. The Company has not experienced any losses in such accounts and management believes the Company is not exposed to any significant credit risk on its cash and cash equivalents.At December 31,2018,the Company's uninsured cash balances were approximately$353,000. Major Customer The Company has one major customer who accounted for approximately 22%of total income. At December 31, 2018,amounts due from this customer represented approximately'17%of the total accounts receivable. Major Vendor The Company has one major vendor who supplied approximately 28%of total purchases. At December 31,2018, accounts payable to this vendor represented approximately 54% of the total accounts payable.In the event of an interruption of supply and services from this vendor,similar materials and services could be purchased with minimal lead time from a variety of different sources at similar trade terms. See Independent Accountant's Review Report. 10 _ 1 SUPPLEMENTARY INFORMATION DeLalio Coal&Stone Co.,Inc. Schedule of Operating Expenses-Schedule A For the Year Ended December 31,201'8 OPERA'T'ING EXPENSES Advertising and Promotion $ 31,487 Auto 145,665 Bad Debt 5,699 Cleaning 6,128 Credit Card Fees 23,351 Depreciation 364,438 Dues and Subscriptions 18,975 Employee Benefits 322,480 Insurance 198,384 Interest 29,574 Licenses and Permits 17,591 Meals 7,157 Office and Postage 30,847 Payroll Taxes 83,435 Performance Bonds and Bids 633 Professional Services 87,429 Rent 198,000 Repairs and Maintenance 15,583 Salaries 548,390 Telephone 12,816 Travel 1,479 Utilities 8,469 Vehicle Repairs and Maintenance 114,034 Yard and Shop 32,726 Total Operating Expenses $ 2,304,770 See Independent Accountant's Review Report. 12 DeLalio Coal&Stone Co.,Inc. Schedule of Status of Contracts-Schedule B For the Year Ended December 31,2018 Costs and Billings In Estimated Year Ended Contract To Date Estimated Excess Of Total Contract December 31,2018 December 31,2018 Earnings In Costs And Gross Gross Gross Percent Billings Excess Of Estimated Description Revenues Costs Profit Revewes Costs Profit Revenues Costs Profit Complete To Date Billings Earnings Backlog Paving&Driveway Inwome S 3,745,611 $ 2,060,086 S 1,685,525 S 3,731,578 $ 1,945,761 S 1,785,817 3 3,745,611 S 1,956,286 S 1,789,325 100% S 3,745,611 S Municipal Sales Jobs 12,350 9,880 2,470 12,350 9,880 2,470 12,350 9,880 2,470 100% 12,350 Village ofEB,Toilsome Roundabout 1,689,970 1,385,775 304,195 1,497,447 1,037,462 459,985 1,689,970 1,206,882 483,088 100% 1,689,970 - - - Town of Southampton,Deerfield 316,518 174,085 142,433 316,518 174,085 142,433 316,518 174,085 142,433 100°/ 316,518 - - Pecon3eLand Trust 111,256 61,191 50,065 111,256 61,191 50,065 111,256 61,191 50,065 1000/ 111,256 - - - VdlageofQuogue 183,000 100,650 82,350 183,000 100,650 82,350 183,000 100,650 8$350 100% 183,000 - KoralBrothers/Meadow Lane 100,874 55,481 45,393 79,597 39,523 40,074 10%874 55,481 45,393 1001% 100,874 - - - HVAC,300Pleasure Drive 190,857 104,971 85,886 128,969 58,555 70,414 190,857 104,971 85,886 1DO% 190,857 - - Total Completed Contracts 6,350,436 3,952,119 2,398,317 6,060,735 3,427,107 2,633,608 6,350,436 3,669,426 2,681,010 6,35D,436 - - - Paving&Dmeway Income 698,132 383,972 314,160 - - - - - - 0% - - - 698,132 Bulgim Daniel's Lane 163,000 89,650 73,350 - - - - - - 01% - - - 163,000 Village of EH Patching 50,000 27,500 22,500 - - - - - - 0% - - - 50,000 Sag Harbor Patching 28,691 15,780 12,911 - - - - - - 0% - - - 28,691 Sag Harborrmpowd Lot 39,797 54,888 44,909 - - - - - - 6% - - 919•797 Town of SHL Drainage East of Canal 150,000 82,500 67,500 - - - - - - 0% - - - 150,000 Village of SH.Drainage Jobs Lane 161,110 88,610 72,500 - - - - - - 01/6 - - - 161,110 Village of SR Ambulance Drainagelmpn 89,278 49,103 40,175 - - - - - - 0"/0 - - - 89,278 Village of Quogue 200,000 110,000 90,000 - - - 0% - - - 200.000 Total Contracts In Process 1,640,068 902,003 738,005 - - - - 1.640•%08 Total S 7,990444 S 4,854,122 $ 3,136,322 S 6,060,715 S 3,427,107 $ 2,633,608 S 6,350,436 S 3,669,426 S 2,681,010 S 6,350,436 See Independent Accountants Review Report. 13 41 1 f�, 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, Delalio Coal & Stone,Co: Inc. d/b/a South Fork Asphalt, Southampton, 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 $25,000.00 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 Improvement 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 2nd day of May 2019. Delalio Coal &Stone Co. Inc. d/b/a South Fork It Witness: 4f-le Principal/Title) (Sea ) ' Colonial Sure Company Witness: Eli a,eth Sanicola (Attorney-in-fact) (Seal) State of iJldw yoA County of 5At k AND NOW,this 2nd day of May , in the calendar year of 2019 ,before me, a duly appointed and commissioned notary public, came the identified subscriber to the within instrument or instruments, and/or the demonstrated attorney-in-fact for said signatory and subscriber on said instrument or instruments, Elizabeth Sanicola, attorney-in-fact of Colonial Surety Company ,an insurance company duly organized and existing under the laws of the Commonwealth of Pennsylvania and which is authorized to conduct business in this State, and that as such being authorized to do so, acknowledged that the within instrument or instruments were executed as the authorized act ofhis disclosed principal for the purposes therein contained, and declared to be a person executing said instrument or instruments as attorney-in-fact and with full capacity and competency,at the request of and on behalf of Colonial Surety Company therein named and acknowledged to me that the aforesaid Colonial Surety Company had authorized the execution by the aforesaid attorney-in-fact of said instrument or instruments with the intent to be legally bound as required by common and statutory law. IN WITNESS WHEREOF,I hereunto set my hand and official seal. A Notary Public of Oew Y„( My Commission Expires on 30alaoDa. Notary Public in and for the County of SU �o)k State of 6ww yt,r lc. \��ti�llnrrii/� STATE OF NEW YORK NOTARY PUBLIC = i NOTARY- %�'eQualified m Suffolk County C, 01CU6372046 /ti / ti 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 Elizabeth Sanicola of Southampton,NY Its true and lawful Attorney(s)-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 Attorneys)-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 I.Attorney-in-Fact. Attorney-In-Fact may be given full power and authority for and In the name of and on behalf of the e 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,gurety Co�� COLONIAL SURETY COMPANY State of New Jersey Inoorpofato0 County of Bergen 1930 Wayne Nunziata,President e�nsyiva��a On this 8th day of September In the year 2015, before me Theresa Spinelli 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. Say': r �.p THERESA SPINEW r ANoteryP"bbc of New Jersey My Comm.svon Ezp,res September g,toxo 8 Theresa Spinelli Notary Public 1,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 tailed 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 For v al prmort f the Blue and/or Bleck ink AAw For verAcetion d the autherptcity of this Paver of Ananey you Trey call(201)5738780 and ask ( _ for the Power d Attorney clerk Please rerer to the above named indivdual(s)and dela"of the Y bond io which the power is 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. Wayne Nunziata President Notary Public mew Je�e� THERESA SPINELLI Theresa Spinelli Notary Public A Notary Public of New Jersey My Commission Expires September 9, 2020