Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Moores Drain
Southold Town Board - Letter Board Meeting of August 24, 2021 RESOLUTION 2021-684 Item # 5.25 TABLED DOC ID: 17301 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-684 WAS TABLED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 24, 2021: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid from Construction Consultants/LI, Inc. in the total amount of$74,000.00 for the Moores Drain Daylighting Project at Skipper Horton Park, all in accordance with the Town Attorney and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Construction Consultants/LI, Inc. for same, subject to the approval of the Town Attorney. Elizabeth A.Neville Southold Town Clerk RESULT: TABLED [UNANIMOUS] Next: 9/7/20217:00 PM MOVER: Jill Doherty, Councilwoman SECONDER:James Dinizio Jr, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Generated August 25; 2021 Paye 33 dgdhhkccl CONSTRUCTION CONSULTANTs/L.J . PHONE-(631) 727-6604 Fax(631) 727-6605 MOORES" DRAIN DAYLIGHTING PROJECT AT HORTON POINT CLOSE OUT DOCUMENTATION 36 East 2nd Street, Riverhead NY 11901 info@ccliinc.com I www.cciiinc.com I i Ili CONSTRUCTION CONSULTANTS/L. L 1 CC1 PHONE(631) 727-6604 FAx(631) 727-6605 j. I; i i, �iTABLE OF CONTENTS DIVISION 1 ;� • General Contractor—Construction Consultants/LI,Inc. o Affidavit of Payment of Debts and Claims II o Affidavit of Release of Liens o Letter of Guarantee o Vendor List DIVISION 2 1! Paving—Roberts Asphalt Company,Inc. i. o Final Release and Lien Waiver !' o Letter of Guarantee DIVISION 3 I. Concrete—Century Concrete Corp. II o Final Release and Lien Waiver o Letter of Guarantee II o Concrete Reinforcement Drawing f I DIVISION 13 I • Pedestrian Bridge—Liberty Products,LLC o Final Release and Lien Waiver o Letter of Guarantee I' o Warranty o Design Calculations o Pedestrian Bridge Shop Drawings I i I f I _ �I f U j' 36 East 2nd Street, Riverhead NY 11901 I; info@ccliinc.com I www.ccliinc.com i l I aggoh' CONSTRUCTION CONSULTANTS/L. I . cc1 PHONE(631) 727-6604 FAx(631) 727-6605 DIVISION 1 36 East-2"d Street, Riverhead NY 11901 info@ccliinc.com www.ccilinc.com dgdbbb CONSTRUCTION CONSULTANTS/L. I . PHONE(631) 727-6604 FAx(631) 727-6605 cc General Contractor Construction Consultants/ LI, Inc. 36 East 2nd Street, Riverhead NY 11901 info@ccliinc.com I www.ccliinc.com Document G706TM - 1994 Contractor's Affidavit of Payment of Debts and Claims PROJECT:(Name and address) ARCHITECT'S PROJECT NUMBER: OWNER: Moores'Drain Daylighting Project ARCHITECT:Elat Skippers Horton Point CONTRACT FOR: CONTRACTOR:❑ TO OWNER:(Name and address) CONTRACT DATED: SURETY:❑ Town of Southold OTHER:❑ 53095 Main Rd. Southold,NY 11971 STATE OF: New York COUNTY OF: Suffolk The undersigned hereby certifies that,except as listed below,payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished,for all work,labor,and services performed,and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Consent of Surety to Final Payment. Whenever Constuction Consultants/LI, Inc. Surety is involved,Consent of Surety is 36 E. 2nd St. required. AIA Document G707,Consent of Riverhead, NY 11901 Surety,may be used for this purpose Indicate Attachment ❑ Yes ® No BY: J_ The following supporting documents should be attached (Signature of aut Led representative) hereto if required by the Owner: Eric Baumack, President 1. Contractor's Release or Waiver of Liens, (Printed name and title) conditional upon receipt of final payment. 2. Separate Releases or Waivers of Liens from Subscribed and sworn to before me on this date:11/28/22 Subcontractors and material and equipment suppliers,to the extent required by the Owner, accompanied by a list thereof. �� Notary Public: . T 1��U7 3. Contractor's Affidavit of Release of Liens My Commission Expires: (AIA Document G706A). 5u5AN T. YOUNG Notary Public, State of New York 01Y06209293 Qualified in Suffolk County Tpr�-1 Exoires: 7/27/20 AIA Document G706T —1994.Copyright©1970 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA° Document,or any portion of it, 1 may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 11:24:11 on 11/29/2010 under Order No.2911543214_1 which expires on 11/02/2011,and is not for resale. User Notes: (912617527) 1.1AIADocument G706Am - 1994 Contractor's Affidavit of Release of Liens PROJECT: (Name and address) ARCHITECT'S PROJECT OWNER:❑ Moores'Drain Daylighting Project NUMBER: ARCHITECT:❑ at Skippers Horton Point CONTRACTOR:❑ CONTRACT FOR: SURETY:❑ TO OWNER: (Name and address) CONTRACT DATED: Town of Southold OTHER:❑ 53095 Main Rd. Southold,NY 11971 STATE OF: New York COUNTY OF: Suffolk The undersigned hereby certifies that to the best of the undersigned's knowledge, information and belief,except as listed below,the Releases or Waivers of Lien attached hereto include the Contractor,all'Subcontractors,all suppliers of materials and equipment,and all performers of Work,labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS: SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Name and address) 1. Contractor's Release or Waiver of Liens, Constuction Consultants/LI,Inc. conditional upon receipt of final payment. 36 E.2nd St. Riverhead,NY 11901 2. Separate Releases or Waivers of Liens from BY: Subcontractors and material and equipment (Signatzrre o au rued suppliers,to the extent required by the Owner, representative) accompanied by a list thereof. Eric Baumack, President (Printed name and title) SUSNIv I. YOUNG I,10tary Public, State of New York Subscribed and sworn to before me on this date: 11/28/22 01Y06209293 Qualified in Suffolk County �-9-�. TQr..;., }yniraS: 7/27/20 Notary Public: QQ My Commission Expires: AIA Document G706ATM—1994.Copyright©1982 and 1994 by The American Institute of Architects.All rights reserved.WARNING:This AIA®Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA°Document,or any portion of it,may 1 result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA software at 14:59:51 on 08/24/2012 under Order No.4659663091_1 which expires on 11/01/2012,and is not for resale. User Notes: (1496479567) l CONSTRUCTION CONSULTANTS/L. I . cclPHONE_(631) 727-6604 Fax(631) 727-6605 November 28,2022 Town of Southold 53095 Main Road Southold,NY 11971 LETTER OF GUARANTEE RE: Moores' Drain Daylighting Project at Skipper Horton Point Gentlemen: We hereby guarantee all work and materials installed or performed pursuant to and under the above referenced contract and project, against defects resulting from the use of inferior materials, equipment or workmanship for a period of one(1)year from the date of substantial completion of the Contract as per Paragraph 35 of the General Conditions of the Contract. Construction Consultants/L.I., Inc. Corporate Seal BY Eric Baumack,Pres nt ,I STATE OF NEW YORK) � COUNTY OF SUFFOLK) )ss: On the 28'da of November, 2022 before me personally came Eric Baumack to me known, who Y being sworn, did depose and say that he is the President of Construction Consultants/L.I., Inc the corporation described in and which executed the above instrument;that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like ' order. s ' J i ,,,j�HN T. YOUNG y fay, ?ublic, State of New York I Notary Public 01Y06209293 1; --?d in Suffolk County 7/27/20 _ l R 36 East 2nd Street, Riverhead NY 11901 ' info@ccliinc.com I www.ccliinc.com CCECONSTRUCTION CONSULTANTS/L. I . PHONE(631) 727-6604 FAx(631) 727-6605 PROJECT:.Moores' Drain Daylighting Project at Horton Point SUBCONTRACTOR/VENDOR LIST Scope/Trade Subcontractor Contact Number Address Asphalt Roberts Asphalt Company, Inc. Pat Tew 631-475-1906 1981 Montauk Hwy., Brookhaven, NY 11719 Concrete Century Concrete Corp. Edwin Hutzler 631-467-5575 2375 Raynor St., Ronkonkoma, NY 11779 Fabricated Bridge Liberty Products Daryl Yates 256-996-2342 187 Dutton Rd.,Section,AL 32771 i I I 36 East 2nd Street, Riverhead NY 11901 info@ccliinc.com I www.ccliinc.com I CONSTRUCTION CONSULTANTS/L. I . CC[, PHONE(631) 727-6604 FAx(631) 727-6605 -DIVISION 2 36 East 2nd Street, Riverhead NY 11901 info@cc]iinc.com I www.ccliinc.com CONSTRUCTION CONSULTANTS/L. I . cclPHONE(631) 727-6604 Fax(631) 727-6605 Paving Roberts Asphalt Company 36 East 2nd Street, Riverhead NY 11901 info@ccliinc.com I www.ccliinc.com SUBCONTRACTOR/SUBVENDOR FINAL RELEASE AND LIEN WAIVER The undersigned represents and warrants that it has been paid and has received(or that it will be paid and will receive via proceeds from this pay application) S as full and final settlement under the contract/agreement dated 10/12/21 (including any amendments or modifications thereto) (the "Contract") between the undersigned and Construction Consultants/LI, Inc. ("the Contractor") for the Moore's Drain Daylighting Project owned by Town of Southold ("Owner"). In consideration for this final payment,and other goods and valuable consideration, receipt of which is acknowledged, the undersigned makes the following representations and warranties: 1. The undersigned has been paid in full (or it will be paid in full via proceeds from this pay application) for the labor, services, and materials in connection with the Contract, including all work performed or any materials provided by its subcontractors, vendors, suppliers, materialmen, laborers, or other persons or entities. 2. The undersigned has paid in full (or it will pay in full via proceeds from this pay application)all its subcontractors, vendors, suppliers, material, men, laborers, and other person or entity providing services, labor, or materials to the Project; there are no outstanding claims, demands, or rights to lien against the undersigned, the Project, or the Owner in connection with the Contract on the part of any person or entity' and no claims, demands, or liens have been tiled against the undersigned, the Project, or the Owner relating to the Contract. 3. The undersigned releases and discharges Contractor/Owner from all claims, demands or causes of action (including all lien claims and rights) that the undersigned has, or might have, under any present or future law, against either of them in connection with the Contract. The undersigned hereby specifically waives and releases any lien or claim or right to lien in connection with the Contract against Contractor/Owner.. Owner's property, and the Project, and also specifically waives, to the extent allowed by law, all liens, claims, or rights of lien in connection with the Contract by the undersigned's subcontractors, material, men, laborers, and all other persons or entities furnishing services,labor,or materials in connection with the Contract. The undersigned makes the foregoing representations and warranties with full knowledge that Contractor/Owner shall be entitled to rely upon the truth and accuracy thereof. i DATED: !0 �? ��ec�S �cl Coo 'twt� (Subcontractor �ti� (_C�, namel— By: Title: UU Ctl uta L STATE OF N i VJ LID YV- �OUNTY OF i H431 14– , a Notary Public for the above County and State, certify that ( 01 jeeytj P I,c J personally came before le this day ' and acknowledged that he/she is the /rrl( LC i�- (title) f `Rf wt V- -5 ASA,:cL � Cc,LILL (company name)and that he/she as Yl't`!c� title) eing autl ' ed to do so,executed foregoing on behalf of c Cao AS h l} ec e�, l lv\ L :ompan e).Witness m and and o tcial seal this of ,2022. ary ubli' L.rINOWN&W Notary StdO of Wt York No.o'PR6061285 ...�ulied in Suffolk Gounty commission EYOMJUfY 16.2;_ �I i CONSTRUCTION CONSULTANTS/L. I . CC5 PHONE(631) 727-6604 FAx(631) 727-6605 October 19,2022 Town of Southold 53095 Main Rd. Southold,NY 11971 LETTER OF GUARANTEE RE: Moores'Drain Daylighting Project at Skipper Horton Point Gentlemen: We hereby guarantee all work and materials installed or performed pursuant to and under the above referenced contract and project, against defects resulting from the use of inferior materials, equipment or workmanship for a period of one(1) year from the date of substantial completion of the Contract as per Paragraph 35 of the General Conditions of the Contract Corp orate Seal BY: cau; STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) On e daX_o f Nnvft6er, 2022, before me personally came L040 A- CQAA3 to me I who be' g sworn,did depose and say that he. _ is the of the co oration described in and which executed the above instrument;that he kngws the seal of said corporation;that the seal mixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. DEREK LYNCH NOTARY PUBLIC,STATE OF NEW YORK (/ Registration No.01LY6440294 Qualified in Suffolk Co&- ,(0 } Commission Expires 09/06/2 36 East 2^a Street, Riverhead 01 info@cciiinc.com I www.ccilinc.com CONSTRUCTION CONSULTANTS/L. I . cclPHONE(631) 727-6604 Fax(631) 727-6605 DIVISION 3 36 East 2"d Street, Riverhead NY 11901 info@ccliinc.com I www.cciiinc.com CONSTRUCTION CONSULTANTS/L. I . CC1 PHONE_(631) 727-6604 FAx(631) 727-6605 i Concrete Century Concrete Corp. 36 East 2nd Street, Riverhead NY 11901 info@ccliinc.com I www.ccliinc.com Century Concrete Corp. 2375 Raynor Street, Ronkonkoma, NY 11779 (631)467-5575-Office (631)467-5577-Fax October 19, 2022 Town of Southold 53 095 Main Rd. Southold,NY 11971 LETTER OF GUARANTEE RE: Moores' Drain Daylighting Project at Skipper Horton Point Gentlemen: We hereby guarantee all work and materials installed or performed pursuant to and under the above referenced contract and project, against defects resulting from the use of inferior materials, equipment or workmanship for a period of one (1) year from the date of substantial completion of the Contract as per Paragraph 35 of the General Conditions of the Contract. C&Dorate Seal BY: STATE OF NEW YORK) )ss: COUNTY OF SUFFOLK) On the day of 2022, before me personally came Ln F— to me known, who being sworn, did depose and say that he is the Plre,� � of (It v%. q CADNCkv ke an p. the corporation described in and which 6xecuted the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. PATRICIA HEfILICH + Notary Publlo,Slag of Now York No.60"207Qualified In Suffolk County cosn*ftlon EXPIres Sej:iUmbor Is,20 o ary Public SUBCONTRACTOR/SUBVENDOR FINAL RELEASE AND LIEN WAIVER The undersigned represents and warrants that it has been paid and has received(or that it will be paid and will receive via proceeds from this pay application) $ I1,a00— as full and final settlement under the contract/agreement dated 10/12/21 (including any amendments or modifications thereto) (the "Contract")between the undersigned and Construction Consultants/LI, Inc. ("the Contractor") for the Moore's Drain Daylighting Project owned by Town of Southold ("Owner"). In consideration for this final payment, and other goods and valuable consideration,receipt of which is acknowledged,the undersigned makes the following representations and warranties: 1. The undersigned has been paid in full (or it will be paid in full via proceeds from this pay application) for the labor, services, and materials in connection with the Contract, including all work performed or any materials provided by its subcontractors, vendors, suppliers, materialmen, laborers, or other persons or entities. 2. The undersigned has paid in full (or it will pay in full via proceeds from this pay application)all its subcontractors, vendors, suppliers, material, men, laborers, and other person or entity providing services, labor, or materials to the Project; there are no outstanding claims, demands, or rights to lien against the undersigned, the Project, or the Owner in connection with the Contract on the part of any person or entity' and no claims, demands, or liens have been filed against the undersigned,the Project, or the Owner relating to the Contract. 3. The undersigned releases and discharges Contractor/Owner from all claims, demands or causes of action(including all lien claims and rights)that the undersigned has, or might have,under any present or future law, against either of them in connection with the Contract. The undersigned hereby specifically waives and releases any lien or claim or right to lien in connection with the Contract against Contractor/Owner, Owner's property, and the Project, and also specifically waives, to the extent allowed by law, all liens, claims, or rights of lien in connection with the Contract by the undersigned's subcontractors, material, men, laborers, and all other persons or entities furnishing services,labor,or materials in connection with the Contract. The undersigned makes the foregoing representations and warranties with full knowledge that Contractor/Owner shall be entitled to rely upon the truth and accuracy thereof. DATED: b (Subfcorrny+n me) `, Title: STATE OF 7 COUNTY OF $U I, a Notary Public for the above County and State, certify that ECLLO A � f- P personally came before me this day and acknowledged that he/she is the Pre<ae (title) ofc*Q amkAL e (company name)and that he/she as &, (title) being authoriz d to do so,executed foregoing on behalf of QgC D-Aa rr c� Cr�vlGv�e D mpany name).Witness my hand and official seal thisday of bc,ph--r ,2022. Notary Public PATRICIA HEftL(CH Notary Pub#c,S4ata oT New York No.6056207 Qualitlei!In SuRolk,County I Co+nmlaIdn Expires S6ptember 16,20EC J OeCr QUI, �, i Ifr I It l o�8" C .O� 1,T67aL-L4I1-4 s -I 0 I•q (2•) •dra ge12 I 1 T i u-r. ae�NF p — I C2x� (voi r) �2x� •Q,� I-8 e 12' 4'4 VE 7 CAGE ea'.c. 2Q-"3•g(Slt,g'� —_— (A3UTMENT) _- Q'4Y4 S(LoNa) � d'd ?I e 1271E AL�C�oae 4000 Pse CONSTRUCTION CONSULTANTS/ LI, INC. AS-BUILTS 1/24/2023 - ���.,� j —bit 1n Gas-- 0b_U .--0 71. 5. . I 25'-10 lit ipVAVT P1E Fta(44) 2 —�EDES'-iRr/�ni--6gIDc�F_ —�a1TC- T— coup -A FjC37- 2'-3., v Y2'4b G ALV. ArdcuaF4 gsL75 o _ �Aj e PIEAIFTG) bo V in (a _C4000 P5l� conrc. A5L17.- - ■ N CO AMC.f10�. Pjo1.7 -- A .0 7�c KJT_.PLAN CONSTRUCTION CONSULTANTS/L. I . cclPHONE(631) 727-6604 FAx(631) 727-6605 i DIVISION 13 I I 36 East 2"d Street, Riverhead NY 11901 info@ccliinc.com I www.ccliinc.com ddohmmCONSTRUCTION 'CONSU LTANTS/L. � . CCIPHONE(631) 727-6604 FAx(631) 727-6605 Pedestrian Bridge Liberty Products 36 East 2"d Street, Riverhead NY 11901 info@cciiinc.com I www.ccliinc.com SUBCONTRACTOR/SUBVENDOR FINAL RELEASE AND LIEN WAIVER The undersigned represents and warrants that it has been paid and has received (or that it will be paid and will receive via proceeds from this pay application) $ as full and final settlement under the contract/agreement dated 10/12/21 (including any amendments or modifications thereto) (the "Contract") between the undersigned and Construction Consultants/L1, Inc. ("the Contractor") for the Moore's Drain Daylighting Project owned by Town of Southold ("Owner"). In consideration for this final payment, and other goods and valuable consideration, receipt of which is acknowledged, the undersigned makes the following representations and warranties: 1. The undersigned has been paid in frill (or it will be paid in full via proceeds from this pay application) for the labor, services, and materials in connection with the Contract, including all work performed or any materials provided by its subcontractors, vendors, suppliers, materialmen, laborers, or other persons or entities. 2. The undersigned has paid in full (or it will pay in full via proceeds from this pay application)all its subcontractors, vendors, suppliers, material, men, laborers, and other person or entity providing services, labor, or materials to the Project, there are no outstanding claims, demands, or rights to lien against the undersigned, the Project, or the Owner in connection with the Contract on the part of any person or entity' and no claims, demands, or liens have been filed against the undersigned, the Project, or the Owner relating to the Contract. 3. The undersigned releases and discharges Contractor/Owner from all claims, demands or causes of action (including all lien claims and rights) that the undersigned has, or might have, under any present or fixture law, against either of' them in connection with the Contract. The undersigned hereby specifically waives and releases any lien or claim or right to lien in connection with the Contract against Contractor/Owner, Owner's property, and the Project, and also specifically waives, to the extent allowed by law, all liens, claims, or rights of lien in connection with the Contract by the undersigned's subcontractors, material, men, laborers, and all other persons or entities furnishing services, labor, or materials in connection with the Contract. The undersigned makes the foregoing representations and warranties with frill knowledge that Contractor/Owner shall be entitled to rely upon the truth and accuracy thereof. DATED:�21 ?.c22 (Sube(utaetetL any name) By: CLuc Title: o "s-le, z fG yloa a N R STATE OF COUNTY OFJ:�L k,kt� 1, a Notary Public for the above County and State, certify that ; ( :t- L T personally came before me this 9 day and acknowledged that lie/she is the (title) of (company name)and that he/she as (title) being authorized to do so,executed foregoing on behalf of (company nai Witness my hand and official seal this day of 2022. N(tl Public -41 ?dQlf��.�.•NEWsp t1� 00 CJ Sul 0 00, Pule i l4B• ••� S r aggbbbCONSTRUCTION CONSULTANTS/L. I . cc • PHONE(631) 727-6604 FAx(631) 727-6605 October 19, 2022 Town of Southold 53095 Main Rd. Southold,NY 11971 LETTER OF GUARANTEE RE: Moores' Drain Daylighting Project at Skipper Horton Point Gentlemen: We hereby guarantee all work and materials installed or performed pursuant to and under the above referenced contract and project, against defects resulting from the use of inferior materials, equipment or workmanship for a period of one (1) year from the date of substantial completion of the Contract as per „Paragco h 35 of the General Conditions of the Contract. Gorpozate seal = BY: ,ST, TE.OF NEW YORK) )ss: COUNTY OF SUFFOLK) On the day of 2022, before me personally came yitrrt to me known, who being sworn, did depose and say that he isr the r�;,a"N of �,,�hr,_i y Tf�c,,L LLL the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ER •• '� 0 i OXA49 .'�R'psi N tary ublic Co za.o\ C X1�. '����3 % y' 36 East 2nd Street, Riverhead NY 11901 1��;�' ""� info@)ccliinc.com I www.ccliinc.com Liberty Products, LLC Accounting Folder Checklist Liberty Products, LLC The bridge or catwalk manufacturer shall warrant that it can convey good title to the goods, that they are free of liens and encumbrances and that their steel structure(s) are free of design, material and workmanship defects for a period of ten years from the date of delivery. Durable hardwood decking and hardwood attachments shall carry a 5-year warranty against rot, termite damage or fungal decay. Other types of wood cavy no warranty. There are no warranties, express or implied with respect to structures sold hereunder which are used, supplied for use or made available for use in any nuclear application of which bridge manufacturer has not been notified in writing at the time of order of the structure(s). Limits of Liability. This warranty shall not cover defects in the bridge caused by abuse, misuse, overloading, accident, improper installation, maintenance, alteration or any other cause not expressly warranted. This warranty does not cover damage resulting from or relating to the use of any kind of de-icing material. This warranty shall be void unless owner's records are supplied which show compliance with the minimum guidelines specified in the AASHTO 1111anua!_for Maintenance Inspection of Bridges. Once a year, the bridge or catwalk should be power washed to remove all debris and inspected by a Professional Engineer to ensure the structural integrity of the bridge. Repair, replacement or adjustment, at the sole discretion of the bridge or catwalk manufacturer, shall be the exclusive remedy for defects under this warranty. Under no circumstances shall the bridge or catwalk manufacturer be liable for any consequential or incidental damages. Any claim under this warranty shall be made promptly and directly to Liberty Products, LLC who shall have the option, at its sole discretion,to repair,replace or adjust any covered defect without charge to the original purchaser. SELLER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT. .� Liberty Products Project Name: Moores Drain Daylighting Bridge Bridge or Catwalk#: EBS-3540 Contractor: Construction Consultants/Ll, Inc-2021 Date of Delivery: 6/15/2022 36 East 2nd Street Warranty Expires Date: 6/17/2027 Riverhead , NYNY, 11901 Contact Name: Susan Young Phone: (631)-727-6604 Signature: -;L� q z1 zaz'7 Pr *t �t 3 /� I > Revision: 0002 08/01/07 Accounting Folder Forms 0 CONSTRUCTION CONSULTANTS/LI, INC. AS-BUILTS 1/24/2023 Liberty Products Liberty Products P.O. BOX 316 SECTION, AL 35771 November 7, 2021 Design Calculations Aluminum Pedestrian Bridge JOB #EBS-3540 Daylighting Project - Town of Southold Southold, NY 10 y7 pIMlnq,y. a , 80 PPS Page 1 11/7/2021 DIMENSIONAL DATA Bridge Type: Half-Through Pony Truss Truss Type: Pratt Truss with vertical endposts Clear Width: 5'-0" No. of Panels: 6 C/C Of Brng. Width: 5-8" Panel Spacing: 4'-2" O/O Bridge Length: 25-10" C/C Truss Height: 4'-8" C/C Of Brng. Length: 25-0" Out/Out Truss Height: 4'-10" Abutment Opng.: 26'-0" Backwall Height: 1'-6" Deck Type: LIB-H-17328 Aluminum Planks MATERIAL SPECIFICATIONS Standard Shape(s) Temper ASTM Specification 6061 Sheet&Plate T6 B 209 6061 Shapes T6 B221 /B308 6061 Extruded Tube T6 B241 /B241 M 5356* Filler Weld Material N.A. B702 SS Type 316 Anchor Bolts N.A. F593 SS Type 316 Splice Bolts N.A. F593 6063 Aluminum Plank- Lib-H-1732 T6 B241 /B241 M *-All welds to be performed with the specification AWS D1.2 ANALYSIS AND DESIGN STANDARDS Aluminum Design: Meets or Exceeds: 2015 AASHTO LRFD Spec. for Structural Supports and Aluminum Association ADM 2015 Edition Deck Design: ANSI/AF&PA NDS Bridge Loading: Load Combinations in Accordance with: AASHTO LRFD Guide Specification, 2009 LOADING Dead Load: 15 psf Over clear deck area: 5'x 25.8333' Live Load: 90 psf Uniform live load Vehicle Load': 2.5 kip Occasional maintenance vehicle load without impact Lateral Wind Load: 44 psf Wind applied to entire vertical projected area of truss at 90° Wind Uplift 20 psf applied at windward quarter point of deck concurrently with Lateral Wind Stream Flow: 0.0 ft/s ' - Impact factor in accordance with AASHTO: 30.00% Maximum Allowable Vertical Live Load Deflection: L/500 = 0.62 in. Maximum Allowable Lateral Wind Deflection: L/500 = 0.62 in. THERMAL EXPANSION AND CONTRACTION Bridge Length: 25-10"' Temperature Differential: 100° F Coefficient of Thermal Exp: 1.31 E-05 OT(in): 0.41 OK Expansion Space is Sufficient TOTAL REACTIONS PER ABUTMNET Dead Load: 0.97 kips Distributed Live Load: 5.81 kips Transverse Wind Load: 2.75 kips Uplift from Wind: -2.35 kips (per base plate) Unfactored Elemental Service Loads Page 2 11/7/2021 EBS-3540 Daylighting Project-Town of Southold Southold, NY WIND LOAD Wind as per AASHTO LRFD Guide Specifications which refers to wind equation given by AASHTO LRFD Specifications for Structural Supports eq. (3.8.1-1): Pz=0.00256KzKdGV2Cd where: Kz= 1.00 -AASHTO Signs Table 3.8.4-1 Kd= 0.85 -AASHTO Signs Table 3.8.5-1 G= 1.14 -AASHTO Signs Section 3.8.6 V= 140 mph-AASHTO Signs Figure 3.8-1 b (Based on 700yr MRI) Cd= 2.00 -AASHTO Signs Table 3.8.7-1 Therefore: Pz= 97.24 psf on Individual Elements From Bridge Components- One Panel Surface Area: Chords and Verts: 3.47 ft2 Diagonal: 0.94 ft2 Stringers & Deck: 1.62 ft2 Rails: 1.26 ft2 Pickets: 1.69 ft2 Total: 8.99 ft2 Total Wind Load per Panel of Bridge: 0.87 kips Vertical Projected Area of One Panel: 20.14 ft2 Use 44psf Over Entire Vertical Projected Area= 44 x 20.14=0.89kips> 0.87 ✓ REACTIONS Dead Load: Lifting Weight: 1871 Ib Deck Area =A= 129.2 ft2 Distributed DL= 15 psf Roead= (A*DL)/4 = 0.48 kips (per Base Plate) Live Load: Design Pedestrian Live Ld= 90 psf per AASHTO LRFD Guide Spec 3.1 RLive= (A-LL)/4 = 2.91 kips (per Base Plate) Horizontal Reaction (T)due to Wind: w=0.044 ksf h=4.8334 ft 1=25.8333 ft HW;nd= (whl)/2= 2.75 kips (Per End of Bridge) Page 3 11/7/2021 o , a i i i f i i s (klf) cui � e I n N 1 Y ` a v X Ra' 0.028 c Y 2"t, Rey t t t t t t t t t t t t t t t t t t t t t t t t ME k5 a B-2o a 0.25B - 0.75B B W= 0.0440 ksf Vertical Reactions Due to Uplift Wind: h= 4.8334 ft c B= 6.0000 ft D+ my=O (0.02B)0.75B = Rww(B-a) a= 0.1667 ft Rww=0.015B2/(B-a)= 0.093 kips/ft L= 25.8333 ft Rww=Rww(L/2)= 1.20 (kips)Windward (Per Base Plate) ,JL MX=O -> (0.02B)0.25B = RLw(B-a) Raw=0.005B2/(B-a)= 0.031 kips/ft Raw=RLw(L/2)= 0.399 (kips) Leeward (Per Base Plate) I�ccVertical Reactions Due to Transverse Wind: ✓L my=O wh2/2 = Rww(B-a) Rww=wh2/(2B-2a)= 0.088 kips/ft Rww=Raw=Rww(L/2)= 1.14 (±kips) (Per Base Plate) UNFACTORED BRIDGE REACTIONS (+)Downward (-)Upward Span 1 P (kip)IT(kip) L(kip) Dead Load 0.48 Uniform Live Load 2.91 Vehicle Load 2.13 Wind Windward 1.20 Uplift Leeward 0.40 Wind Transverse 2.75 Verticalt,. +1.14 Thermal 0.00 Page 4 11/7/2021 TRUSS ANALYSIS due to DEAD LOAD ONLY Uniform Loading Abutment Reaction= 0.97 kips Uniform Loading Panel Point Loads: w= (DL)(Deck Width/2)= 37.5 plf per truss w*panel pt. spc.= 0.16 kips per interior panel w*0.5*panel pt. spc.= 0.08 kips for end panel Uniform Loading T1 Force = (Reaction/2)-End Panel Pt. Ld.= 0.41 kips Truss Forces From Vertical Loads +)=Tension (-)=Compression Top Ch. Load Vertical Load Diagonal Load Bott. Ch. Load Member (kips) Member (kips) Member (kips) Member (kips) T2 -0.36 T1 -0.41 D2 0.54 B1 0.36 T3 -0.58 V2 -0.25 D3 0.33 B2 0.58 T4 -0.66 V3 -0.08 D4 0.11 B3 0.66 T5 N/A V4 0.00 D5 N/A B4 N/A T6 N/A V5 N/A D6 N/A B5 N/A T7 N/A V6 N/A D7 N/A B6 N/A T8 N/A V7 N/A D8 N/A B7 N/A T9 N/A V8 N/A D9 N/A B8 N/A T10 N/A V9 N/A D10 N/A B9 N/A T11 N/A V10 N/A D11 N/A B10 N/A T12 N/A V11 N/A D12 N/A B11 N/A T13 N/A V12 N/A D13 N/A B12 N/A T14 N/A V13 N/A D14 N/A B13 N/A T15 N/A V14 N/A D15 N/A B14 N/A T16 N/A V15 N/A D16 N/A B15 N/A T17 N/A V16 N/A D17 N/A B16 N/A T18 N/A V17 N/A D18 N/A B17 N/A T19 N/A V18 N/A D19 N/A B18 N/A T20 N/A V19 N/A D20 N/A B19 N/A T21 N/A V20 N/A D21 N/A B20 N/A T22 N/A V21 N/A D22 N/A B21 N/A T23 N/A V22 N/A D23 N/A B22 N/A T24 N/A V23 N/A D24 N/A B23 N/A T25 N/A V24 N/A D25 N/A B24 N/A T26 N/A V25 N/A D26 N/A B25 N/A V26 N/A TOTALS Top Chord: -0.66 kips (Compression) Verticals: -0.41 kips (Compression) Diagonals: 0.54 kips (Tension) Bottom Chord: 0.66 kips (Tension) Page 5 11/7/2021 DEFLECTIONS due to DEAD LOAD ONLY A-E„NL Deflection values determined by method of virtual work: AE= Top Ch. nNL Vertical nNL Diagonal nNL Bott. Ch. nNL Member AEs Member AE, Member AES Member AE, T2 0.0003 T1 0.0004 D2 0.0010 B1 0.0003 T3 0.0009 V3 0.0002 D3 0.0006 B2 0.0009 T4 0.0016 V4 0.0001 D4 0.0002 B3 0.0016 T5 N/A V5 0.0000 D5 N/A B4 N/A T6 N/A V6 N/A D6 N/A B5 N/A T7 N/A V7 N/A D7 N/A B6 N/A T8 N/A V8 N/A D8 N/A B7 N/A T9 N/A V9 N/A D9 N/A B8 N/A T10 N/A V10 N/A D10 N/A B9 N/A T11 N/A V11 N/A D11 N/A B10 N/A T12 N/A V12 N/A D12 N/A 1311 N/A T13 N/A V13 N/A D13 N/A B12 N/A T14 N/A V14 N/A D14 N/A B13 N/A T15 N/A V15 N/A D15 N/A B14 N/A T16 N/A V16 N/A D16 N/A B15 N/A T17 N/A V17 N/A D17 N/A B16 N/A T18 N/A V18 N/A D18 N/A B17 N/A T19 N/A V19 N/A D19 N/A B18 N/A T20 N/A V20 N/A D20 N/A B19 N/A T21 N/A V21 N/A D21 N/A B20 N/A T22 N/A V22 N/A D22 N/A B21 N/A T23 N/A V23 N/A D23 N/A B22 N/A T24 N/A V24 N/A D24 N/A B23 N/A T25 N/A V25 N/A D25 N/A B24 N/A T26 N/A V26 N/A D26 N/A B25 N/A V27 N/A Total unif. Id. of 15psf deflection AT= 2:=: 0.0164 in. (*2 since 1/2 truss analyzed) NATURAL FREQUENCY(VIBRATION) To avoid the first harmonic, the fundamental frequency should be>3Hz OD= 0.0014 ft. g= 32.2 ft./sec.2 f 0.18[(9/AD)(1' 2)1 = 27.60 Hz. > 3 OK Page 6 11/7/2021 TRUSS ANALYSIS due to LIVE LOAD ONLY Uniform Loading Abutment Reaction= 5.81 kips Uniform Loading Panel Point Loads: w= (LL)(Deck Width/2) = 225 plf per truss w*panel pt. spc.= 0.94 kips per interior panel w*0.5*panel pt. spc.= 0.47 kips for end panel Uniform Loading T1 Force = (Reaction/2)-End Panel Pt. Ld.= 2.44 kips Truss Forces From Vertical Loads (+)=Tension (-)=Compression Top Ch. Load Vertical Load Diagonal Load Bott. Ch. Load Member (kips) Member (kips) Member (kips) Member (kips) T2 -2.17 T1 -2.44 D2 3.26 B1 2.17 T3 -3.51 V2 -1.50 D3 2.00 B2 3.51 T4 -4.00 V3 -0.56 D4 0.74 B3 4.00 T5 N/A V4 -0.09 D5 N/A B4 N/A T6 N/A V5 N/A D6 N/A B5 N/A T7 N/A V6 N/A D7 N/A B6 N/A T8 N/A V7 N/A D8 N/A B7 N/A T9 N/A V8 N/A D9 N/A B8 N/A T10 N/A V9 N/A D10 N/A B9 N/A T11 N/A V10 N/A D11 N/A B10 N/A T12 N/A V11 'N/A D12 N/A B11 N/A T13 N/A V12 N/A D13 N/A B12 N/A T14 N/A V13 N/A D14 N/A B13 N/A T15 N/A V14 N/A D15 N/A B14 N/A T16 N/A V15 N/A D16 N/A B15 N/A T17 N/A V16 N/A D17 N/A B16 N/A T18 N/A V17 N/A D18 N/A B17 N/A T19 N/A V18 N/A D19 N/A B18 N/A T20 N/A V19 N/A D20 N/A B19 N/A T21 N/A V20 N/A D21 N/A B20 N/A T22 N/A V21 N/A D22 N/A B21 N/A T23 N/A V22 N/A D23 N/A B22 N/A T24 N/A V23 N/A D24 N/A B23 N/A T25 N/A V24 N/A D25 N/A B24 N/A T26 N/A V25 N/A D26 N/A B25 N/A V26 N/A TOTALS Top Chord: -4.00 kips (Compression) Verticals: -2.44 kips (Compression) Diagonals: 3.26 kips (Tension) Bottom Chord: 4.00 kips (Tension) Page 7 11/7/2021 DEFLECTIONS due to LIVE LOAD ONLY n=Y?hVL Deflection values determined by method of virtual work: AE, Top Ch. nNL Vertical "NL Diagonal nNL Bott. Ch. nNL Member AE, Member AE, Member AE, Member .IE, T2 0.0018 T1 0.0025 D2 0.0060 131 0.0018 T3 0.0057 V3 0.0015 D3 0.0037 B2 0.0057 T4 0.0098 V4 0.0006 D4 0.0014 B3 0.0098 T5 N/A V5 0.0000 D5 N/A B4 N/A T6 N/A V6 N/A D6 N/A B5 N/A T7 N/A V7 N/A D7 N/A B6 N/A T8 N/A V8 N/A D8 N/A B7 N/A T9 N/A V9 N/A D9 N/A B8 N/A T10 N/A V10 N/A D10 N/A B9 N/A T11 N/A V11 N/A D11 N/A B10 N/A T12 N/A V12 N/A D12 N/A 1311 N/A T13 N/A V13 N/A D13 N/A B12 N/A T14 N/A V14 N/A D14 N/A B13 N/A T15 N/A V15 N/A D15 N/A B14 N/A T16 N/A V16 N/A D16 N/A B15 N/A T17 N/A V17 N/A D17 N/A B16 N/A T18 N/A V18 N/A D18 N/A B17 N/A T19 N/A V19 N/A D19 N/A B18 N/A T20 N/A V20 N/A D20 N/A B19 N/A T21 N/A V21 N/A D21 N/A B20 N/A T22 N/A V22 N/A D22 N/A B21 N/A T23 N/A V23 N/A D23 N/A B22 N/A T24 N/A V24 N/A D24 N/A B23 N/A T25 N/A V25 N/A D25 N/A B24 N/A T26 N/A V26 N/A D26 N/A B25 N/A V27 N/A Total unif. Id. of 90psf deflection AL= F=: 0.1000 in. (*2 since 1/2 truss analyzed) L/D= 3100.5 > 500 OK Page 8 11/7/2021 HORIZONTAL BRACING SYSTEM ANALYSIS Total Uniformly Distributed Lateral Wind Load: 5.49 kips Uniform Loading Panel Point Loads: w=WL*Truss Height 212.67 plf w*panel pt. spc.= 0.89 kips per interior panel w*0.5*panel pt. spc.= 0.45 kips for end panel Uniform Loading FBI Force = (Reaction/2)- End Panel Pt. Ld.= 2.30 kips Bracing System Forces From Lateral Loads (+)=Tension (-)=Compression WW Chrd Load Vertical Load Diagonal Load LW Chrd Load Member (kips) Member (kips) Member (kips) Member (kips) T2 -1.69 FBI -2.30 FDI 2.85 B1 1.69 T3 -2.72 FB1(2) -1.41 FD1(2) 1.75 B2 2.72 T4 -3.10 FB1(3) -0.52 FD1(3) 0.64 B3 3.10 T5 N/A FB1(4) 1 -0.07 FD1(4) N/A B4 N/A T6 N/A FB1(5) N/A FD1 5) N/A B5 N/A T7 N/A FBI(6) N/A FD1(6) N/A B6 N/A T8 N/A FBI(7) N/A FDI(7) N/A B7 N/A T9 N/A FB1(8) N/A FD1(8) N/A B8 N/A TIO N/A FBI(9) N/A FD1(9) N/A B9 N/A T11 N/A FBI(10) N/A FDI (10) N/A B10 N/A T12 N/A FBI(11) N/A FD1(11) N/A B11 N/A T13 N/A FBI(12) N/A FDI(12) N/A B12 N/A T14 N/A FB1(13) N/A FDI(13) N/A B13 N/A T15 N/A FB1(14) N/A FD1(14) N/A B14 N/A T16 N/A FBI(15) N/A FD1(15) N/A B15 N/A T17 N/A FB1(16) N/A FD1(16) N/A B16 N/A T18 N/A FB1(17) N/A FDI(17) N/A B17 N/A T19 N/A FBI(18) N/A FD1(18) N/A B18 N/A T20 N/A FB1(19) N/A —FDI(19) N/A B19 N/A T21 N/A FB1(20) N/A FD1(20) N/A B20 N/A T22 N/A FBI(21) N/A -FDI(21) N/A B21 N/A T23 N/A FB1(222) N/A FD122) N/A B22 N/A T24 N/A FB1(23) N/A FD1(23) N/A B23 N/A T25 N/A FBI(24) N/A FD1(24) N/A B24 N/A T26 N/A FB1(25) N/A FDI(25) N/A B25 N/A FBI(26) N/A TOTALS Windward Chord: -3.10 kips (Compression) Floor Beams: -2.30 kips (Compression) Floor Diagonals: 2.85 kips (Tension/Compression) Leeward Chord: 3.10 kips (Tension) Page 9 11/7/2021 DEFLECTIONS due to HORIZONTAL WIND LOAD ONLY r P WL J-Y_ Deflection values determined by method of virtual work: AES Top Ch. nNL Vertical nNL Diagonal nNL Bott. Ch. nNL Member AES Member AEs Member AE, Member AE, T2 0.0007 T1 0.0014 D2 0.0085 B1 0.0007 T3 0.0021 V3 0.0011 D3 0.0052 B2 0.0021 T4 0.0036 V4 0.0004 D4 0.0019 B3 0.0036 T5 N/A V5 0.0000 D5 N/A B4 N/A T6 N/A V6 N/A D6 N/A B5 N/A T7 N/A V7 N/A D7 N/A B6 N/A T8 N/A V8 N/A D8 N/A B7 N/A T9 N/A V9 N/A D9 N/A B8 N/A T10 N/A V10 N/A D10 N/A B9 N/A T11 N/A V11 N/A D11 N/A B10 N/A T12 N/A V12 N/A D12 N/A 1311 N/A T13, N/A V13 N/A D13 N/A B12 N/A T14 N/A V14 N/A D14 N/A B13 N/A T15 N/A V15 N/A D15 N/A B14 N/A T16 N/A V16 N/A D16 N/A B15 N/A T17 N/A V 77 N/A D17 N/A B16 N/A T18 N/A V18 N/A D18 N/A B17 N/A T19 N/A V19 N/A D19 N/A B18. N/A T20 N/A V20 N/A D20 N/A B19 N/A T21 N/A V21 N/A D21 N/A B20 N/A T22 N/A V22 N/A D22 N/A B21 N/A T23 N/A V23 N/A D23 N/A B22 N/A T24 N/A V24 N/A D24 N/A B23 N/A T25 N/A V25 N/A D25 N/A B24 N/A T26 N/A V26 N/A D26 N/A B25 N/A V27 N/A Total uniform load deflection AT= 7-=:1 0.0625 in. (*2 since 1/2 of system analyzed) L/D=I 4958.2 > 500 OK NATURAL FREQUENCY(HORIZONTAL) To avoid the first harmonic, the fundamental frequency in lateral mode should be > 1.31-lz Aw= 0.0014 ft. g= 32.2 ft./sec.2 f 0.18[(8/Aw)("2)] 27.60 Hz. > 1.3 OK Page 10 11/7/2021 TRUSS ANALYSIS due to VERTICAL EFFECTS OF WIND WINDWARD TRUSS ZM=UR(5.67')-WL(2.42')-UL(4.5')= 0 Wind Load---* JL=0.044ksf(4.83ft)= 0.21 kif Uplift Loader UL=0.02ksf(6ft)= 0.12 klf Uplift Reaction UR= 0.185 klf Uplift Reaction at one base plate -2.31 kips Load Per Panel Point= 0.77 kips Load Per End Panel Point= 0.39 kips Truss Forces From Vertical Loads (+)=Tension (-)=Compression Top Ch. Load Vertical Load Diagonal Load Bott. Ch. Load Member (kips) Member (kips) Member (kips) Member (kips) T2 1.72 T1 1.93 D2 -2.58 B1 -1.72 , T3 2.75 V2 -1.16 D3 -1.55 B2 -2.75 T4 3.10 V3 -0.39 D4 -0.52 B3 -3.10 T5 N/A V4 0.00 D5 N/A B4 N/A T6 N/A V5 N/A D6 N/A B5 N/A T7 N/A V6 N/A D7 N/A B6 N/A B T8 N/A V7 N/A D8 N/A B7 N/A T9 N/A V8 N/A D9 N/A B8 N/A T10 N/A V9 N/A D10 N/A B9 N/A T11 NIA V10 N/A D11 N/A B10 N/A T12 N/A V11 N/A D12 N/A B11 N/A T13 N/A V12 N/A D13 N/A B12 N/A T14 N/A V13 N/A D14 N/A B13 N/A T15 N/A V14 N/A D15 N/A B14 N/A T16 N/A V15 N/A D16 N/A B15 N/A T17 N/A V16 N/A D17 N/A B16 N/A T18 N/A V17 N/A D18 N/A B17 N/A T19 N/A V18 N/A D19 N/A B18 N/A T20 N/A V19 N/A D20 N/A B19 N/A T21 N/A V20 N/A D21 N/A B20 N/A T22 NIA V21 N/A D22 N/A B21 N/A T23 N/A V22 N/A D23 N/A B22 N/A T24 N/A V23 N/A D24 N/A B23 N/A T25 N/A V24 N/A D25 N/A B24 N/A T26 N/A V25 N/A D26 N/A B25 N/A V26 N/A TOTALS Top Chord: 3.10 kips Verticals: 1.93 kips Diagonals: -2.58 kips Bottom Chord: -3.10 kips Page 11 11/7/2021 TRUSS ANALYSIS due to VERTICAL EFFECTS OF WIND LEEWARD TRUSS XM=UR(5.67')-WL(2.42')+UL(1.5')= 0 Wind Load JL=0.044ksf(4.83ft) = 0.21 klf Uplift Load--> UL=0.02ksf(6ft) = 0.12 klf Uplift Reaction--> UR= 0.058 klf Reaction at one base plate--* 0.75 kips Load Per Panel Point= 0.24 kips Load Per End Panel Point= 0.12 kips Truss Forces From Vertical Loads (+)=Tension (-)=Compression Top Ch. Load Vertical Load Diagonal Load Bott. Ch. Load Member (kips) Member (kips) Member (kips) Member (kips) T2 -0.57 T1 -0.63 D2 0.85 B1 0.57 T3 -0.91 V2 -0.39 D3 0.52 B2 0.91 T4 -1.05 V3 -0.15 D4 0.20 B3 1.05 T5 N/A V4 -0.03 D5 N/A B4 N/A T6 N/A V5 N/A D6 N/A B5 N/A T7 N/A V6 N/A D7 N/A B6 N/A T8 N/A V7 N/A D8 N/A B7 N/A T9 N/A V8 N/A D9 N/A B8 N/A T10 N/A V9 N/A D10 N/A B9 N/A T11 N/A V10 N/A D11 N/A B10 N/A T12 N/A V11 N/A D12 N/A B11 N/A T13 N/A V12 N/A D13 N/A B12 N/A T14 N/A V13 N/A D14 N/A B13 N/A T15 N/A V14 N/A D15 N/A B14 N/A T16 NIA V15 N/A D16 N/A B15 N/A T17 N/A V16 N/A D17 N/A B16 N/A T18 N/A V17 N/A D18 N/A B17 N/A T19 N/A V18 N/A D19 N/A B18 N/A T20 N/A V19 N/A D20 N/A B19 N/A T21 N/A V20 N/A D21 N/A B20 NIA T22 N/A V21 N/A D22 N/A B21 N/A T23 N/A V22 N/A D23 N/A B22 N/A T24 N/A V23 N/A D24 N/A B23 N/A T25 N/A V24 N/A D25 N/A B24 N/A T26 N/A V25 N/A D26 N/A B25 N/A V26 N/A TOTALS Top Chord: -0.57 kips Verticals: -0.03 kips Diagonals: 0.20 kips Bottom Chord: 0.57 kips-Tension to be combined with Lateral Wind Tension Page 12 11/7/2021 TOP CHORD LATERAL SUPPORT: (U-Frame Stiffness) Floorbeam span: b= 64.00 in. Effective Ht. of Vert. h= 48.125 in. (CL FB.-CL TC.) = 4.01 ft Floorbeam: Ib= 15.2 in.4 Verticals: IC= 5.31 in.a Unbraced length of top chord: l= 50.00 in. Max. top chord load PC= 10.41 kips (factor of safety of 1.33*Max Factored Load) Lateral support provided by transverse U-frame. Assume truss verticals adequate to resist lateral force. Transverse frame sprinq constant C: C = E h '-[( h 131, ) + (b / 21, A C= 0.85 kip/in. Determine effective length factor: CI/P,= 4.085 CI/Pc of 4.085 and n=6 panels gives: 1/K= 1.000 Therefore: K= 1.00 This Kfactor determined in accordance with the LRFD Guide Specification for the Design of Pedestrian Bridge; The theory is derived from the Guide to Stability Design Criteria for Metal Structures Lateral forces to be resisted by verticals: Lateral force resulting from spring action of vertical bracing top chord: C=0.01/K*(average design compressive force in adjacent chord members) Kchord= 1.00 Pa„9.= 4.66 kips (average of each chord adjacent to midspan) 0.01/K= 0.0100 > 0.003 (min.) C=(0.01/K)Pav9.= 0.05 kips applied to top of vertical Lateral force applied to end posts: C=1% of axial load in end post P= -6.34 kips per AASHTO (1.33*Factored Compressive Load) C= -0.06 kips applied to top of end post Maximum C from above methods for stress check of verticals: Cmaz 0.05 kips Moment= 0.19 kipft Page 13 11/7/20211 FLOOR DECK r PVL= 600 Ib(40% Load over 10") wLL= 3.75 Ib/in wp = Ib/in 1 20 L U 1= 20 in Strength I Load Comb.=1.25DL+1.75LL: A = 1.437 in? Ix = 0.268 in' Mpg= 0.74 ftlb Sx = 0.444 ins MVS= 437.50 ftlb WEIGHT = 1.70 LBS/Lr MLL= 27.34 ftlb Fey= 25 ksi (6063-T6 unwelded) MMAx= 438.24 ftlb Ob= 0.9 Cb= 1 Maximum fb= 11.84 ksi J= 0.721 in4 V 3.24 in Sc= 0.444 in3 E= 10100 ksi lelII Bc=F�v[1 + (zzso/2 Be= 27.64 D -B� L1l1/2 Dc= 0.14 C 10(E/ Cy 0.41 o Cc= 78.38 2LbSc A = Cb�_Jj = 11.62 If A<A2 then: ObFb = Ob(Bc - 1.6Dc-,rA_)= 24.16 -Controls r 1z 7T2E X1.2 - I 1 6J 2399.86 If A>A2 then: Ob pb Ob 2.566 A.= 3015.93 = ObFb= 24.16 ksi OK FLOOR STRINGERS Member: C4X2.33 Fcyw 15 ksi PvL= 1000 Ib E= 10100 ksi wLL= 150 Ib/ft rx 1.62 in wog= 5.73 Ib/ft Ob= 0.9 1= 4.1666667 ft SX 2.60 in Strength I Load Comb.=1.25DL+1.75LL: / 11 Mpg= 15.54 ftlb By Fcy 1 + I F`y Iz B� 27.04 MVS= 1822.92 ftlb \2250 J MLL= 569.66 ftlb (Bc\1/2 MMAx= 1838.46 ftlb Dy Bn I Dc= 0.14 Maximum fb= 8.49 ksi Cy 0.41 B` Cc= 79.24 A=1/r= 30.86 If A<A2 then: tbbFb=�b(B� - °c l= 21.10 *--Controls 1.z/ A2=1.2Cc= 95.09 If A>A2 then: ObFb=Ob ,2E = 65.40 (1.z,;L)Z ObFb= 21.10 ksi OK Page 14 11/7/2021 FLOOR BEAMS Member: 6X2X1/4 Area= 3.75 int Fcyw= 15 ksi PVL= 2.00 kips Ob= 0.9 wLL= 375.00 Ib/ft J= 6.75 in wpL= 25.86 Ib/ft Sr= 5.07 in 1= 5.33 ft Cb= 1 Lb= 20.00 in V 2.45 in Strength I Load Comb.=1.25DL+1.75LL: E= 10100 ksi Mpg= 0.11 ftlb 1 F z MVL= 1.96 kipft BC=Fcy 1 + (2250) - 16.22 MLL= 2.33 kipft MMAX= 2.45 kipft 1/2 Maximum fb= 5.79 ksi -_ D` 1' B� 0.065 10 E B Cc=0.41 = 102.30 !` 2LbSc = Cb9 = 49.87 If A< Az Then ObFb = ob(Bc - 1.6DcVX)= 13.94 -Controls r z z E 1 Az - I 1 6� = 4087.63 If A >- Xz Then ObFb = Ob 2.5 6 = 702.73 ObFb= 13.94 ksi OK HORIZONTAL BRACING (FLOOR DIAGONALS) Member: 2X2X1/4 Axial = ± 2.85 kips <-From Horizonal Bracing Analysis Strength III Load Combination:1.25(or0.9)*DL+1.4*WL= 3.99 kips Area= 1.75 int 1 f, 2.28 ksi B,=Fcy 1 + F`v = 16.22 IX 0.91 in4 2250 z V 1.16 in4 1/2 Oc= 0.9 _ 0.065 1= 75.29 in B� B� D` 10 Ej E= 10100 ksi rx 0.72 in Cc=0.41 B` _ 102.30 =Az ry= 0.72 in DC Fcyw 15 ksi kl/rX 104.27 O,Fcyw 13.5 ksi kl/ry= 104.27 A= 104.27 < 120 ? YES If A < Az Then ocFc = 0c [0.85(Bc-DcA)]= 7.22 -< O.F. YES orFr= 7.22 0.857rzE If X >_ Az Then OcFc = 0C Az = 7.013 OcFc= 7.01 ksi OK Page 15 11/7/2021 LATERAL WIND INDUCED BENDING ON TRUSS COMPONENTS Wind on Individual Elements= 97.24 psf *-- From Wind Load Calculations Top Chord = 0.42 kip*in Bottom Chord= 0.42 kip*in Diagonals= 0.78 kip*in Verticals: From Direct Wind: 0.12 kip*ft From Wind on Top Chord: 0.27 kip*ft Wind On Pickets and Rails: Applied to Top Rail: 0.14 kips @ 3.55 ft -> 0.51 kip*ft Applied to Bottom Rail: 0.14 kips -> @ 0.84 ft 0.12 kip*ft Total Wind on Truss Verticals: 1.02 kip*ft = 12.26 kip*in MAXIMUM UN-FACTORED TRUSS LOADS FROM ANALYSIS: (+)=Tension (-)=Compression Dead Live Wind Axial Wind Load (kips) Load (kips) (kips) Mom. (kin) Area (int) S (in3) Top Chord -0.66 -4.00 3.10 0.42 2.75 2.65 Bottom Chord WW* 0.66 4.00 -6.20 0.42 2.75 2.65 Bottom Chord LW* 0.66 4.00 3.67 0.42 2.75 2.65 Verticals -0.41 -2.44 1.93 12.26 2.75 2.65 Diagonals 0.54 3.26 -2.58 0.78 2.75 2.65 *Axial Wind Loads from Horizontal and Uplift Winds are Combined MAXIMUM UN-FACTORED TRUSS COMPONENT STRESS Dead Live Wind Axial Wind Load (ksi) Load (ksi) (ksi) Mom. (ksi) Top Chord -0.24 -1.46 1.13 0.16 Bottom Chord WW* 0.24 1.46 -1.31 0.16 Bottom Chord LW* 0.24 1.46 0.78 0.16 Verticals** -0.15 -0.89 0.70 4.63 Diagonals 0.20 1.19 -0.94 0.29 * Portion of Axial Bottom Chord Wind Loads Carried by Outermost Floor Stringer(Ratioed by Area) **From Vertical U-Frame Stiffness Moment-Vert. Bending Stress= 0.85 ksi MAXIMUM STRESSES DUE TO LOAD COMBINATIONS AASHTO Ped. Bridge Load Combinations DL(MIN) DL(MAX) Live Load Wind Load Strength I: 0.90 1.25 1.75 - Strength III: 0.90 1.25 - 1.40 Service I: 1.00 1.00 1.00 0.30 Fatigue I*: - - - 1.00 *This Combination Considers Wind as Live Load per AASHTO Ped. Spec. C3.5 Truss Axial Stress: (-)Compressive (+)Tensile Top Chord Bottom LW Bottom Verticals Diagonals (ksi) Chord (ksi) Chord(ksi) (ksi) (ksi) Strength I (0.9DL): -2.76 2.76 2.76 -1.68 2.25 Strength I (1.25DL): -2.85 2.85 2.85 -1.73 2.32 Strength III (0.9DL): 1.36 -1.62 1.30 0.85 -1.14 Strength III (1.25DL): 1.28 -1.54 1.38 0.80 -1.07 Service I: -1.36 1.30 1.93 -0.82 1.10 Maximum 6T= 1.36 2.85 2.85 0.85 2.32 Maximum ac= -2.85 -1.62 1 0.00 1 -1.73 -1.14 Page 16 11/7/2021 TOP CHORD Member: 4X2X1/4 Area= 2.75 int 1 a fr= 2.85 ksi B,=Fcy1 + 12 250) = 16.22 IX 5.31 in ly= 1.68 in 1/2 oc= 0.9 D,=1c / = 0.065 1= 50.00 in 10 E J E= 10100 ksi B rX 1.39 in C,=0.41D` = 102.30 =A2 ry= 0.78 in ` Fcyw 15 ksi kl/rX 35.97 ocFcyw 13.5 ksi kl/ry= 63.94 A= 63.94 < 120 ? YES If A < A2 Then o,F, = 0, [0.85(Bc - DcA)]= 9.23 < o,F,, ? YES o,F,= 9.23 YW 0.85ic2E If A >- A2 Then 0,F, = 0, AZ = 18.65 ` acFc= 9.23 ksi OK BOTTOM CHORD Ae 2.75 in 2 Ftyw(ksi)= 15 Member: 4X2X1/4 rX 1.39 in Ft„W(ksi)= 24 ft= 2.85 ksi ry= 0.78 in Yielding: OFt=OtFty= 13.50 <--CONTROLS Ib= 50.00 in Ib/r= 63.94 < 200 ? YES Rupture:oFt=ot ktu= 18.00 ot= 0.90 for Yielding t ot= 0.75 for Rupture otFt= 13.50 ksi OK kt= 1.00 AASHTO Signs table 6.6.2-1 VERTICALS Member: 4X2X1/4 Area= 2.75 int Compression: Strength I f,= 1.73 ksi .1' Strength III f,= 0.00 ksi Fey 2 1 + = 16.22 Service I f� 0.82 ksi B�Fcy 2250) lx= 5.31 in 1/2 ly= 1.68 in D,,=BO (E`l - 0.065 O� 0.9 JJ B Ib= 30.50 in Cc=0.41 D` = 102.30 =A2 E= 10100 ksi ` rX 1.39 in kl/r,,= 21.94 ry= 0.78 in kl/ry= 39.00 Fcyw 15 ksi A= 39.00 OcFcyw 13.5 ksi If A < A2 Then ocFc = Oc [0.85(Bc-DcA)]= 10.47 <_ ocFcyw? YES o,Fc= 10.47 0.857c2E If A >- A2 Then ocFc = oC AZ = 50.13 orF�= 10.47 ksi VERTICALS (Continued) Page 17 11/7/2021 Bending: Fcyw 15 ksi Ob= 0.9 Strength I fb= 0.19 ksi J= 3.92 in Strength III fb= 6.48 ksi Sc= 2.65 in Service I fb= 1.58 ksi Cb= 1 ly= 1.68 in E= 10100 ksi i (&yo B�Fcy 1 + z1622 ) i/z Dc=1c (Ec/ 0.965 10 B C,=0.41 *02.30 D` 2LbSc = Cb T� = 62.99 If A< 7t2 Then ObFb = Ob(Bc - 1.6Dc-\r?-L)= 13.86 Controls C2 Z '12 - (1.6 I - 4087.63 If X >_ Jlz Then ObFb = Ob 2.5 6 = 556.35 ObF6= 13.86 ksi Tension: A= 2.75 inz Fty,,(ksi)= 15 Strength I ft= 0.00 ksi r,,= 1.39 in Ft,,,(ksi)= 24 Strength III ft= 0.85 ksi ry= 0.78 in Service I ft= 0.00 ksi Ib= 30.50 in Ib/r= 39.00 < 200 ? YES Yielding: oFt=OtFtY 13.50 CONTROLS Ot= 0.90 for Yielding »t= 0.75 for Rupture Rupture:oFt-ot kr = 18.00 kt= 1.00 AASHTO Signs table 6.6.2-1 otFt= 13.50 ksi Strength I Combined Forces: ft + f` + fbX = 0.18 151.0 ? OK OtFt 0,Fc ObFb Strength III Combined Forces: ft + f` + fbX = 0.53 <_ 1.0 ? OK 0tFt ocFc ObFb Service I Combined Forces: ft + f` + fbX = 0.19 :51.0? OK OtFt OCFC ObFb TRUSS DIAGONALS Page 18 11/7/2021 Member: 4X2X1/4 Tension: ft= 2.32 ksi A= 2.75 int Fty,(ksi)= 15 rX 1.39 in Ft„W(ksi)= 24 ry= 0.78 in Ib= 67.94 in Yielding: oFt otFtr 13.50 ,--CONTROLS Ib/r= 86.88 < 200 ? YES ot= 0.90 for Yielding Rupture:oFr of kt= 18.00 ot= 0.75 for Rupture kt= 1.00 AASHTO Signs table 6.6.2-1 otFt= 13.50 ksi OK Compression: 1 z f,:= 1.14 ksi B�Fcy 1 + 12250FY ) = 16.22 1,,= 5.31 in' ly= 1.68 in 1/2 0c= 0.9 _(!�)_ 0.065 E= 10100 ksi B� D` 10 E Cc=0.41 i` = 102.30 =A2 F,yw 15 ksi kl/rX 48.88 ocFcyw 13.5 ksi kl/ry= 86.88 A= 86.88 < 120 ? YES If A < 2L2 Then ocFc = oc [0.85(Bc-DcA)]= 8.09 < o,Fcyw? YES ocFc= 8.09 0.85jt2E If A >_ A2 Then ocFc = o� . A2 = 10.10 OCFC= 8.09 ksi OK WELD CHECKS TC BC V D FD FB Min) 0.25 0.25 0.25 0.25 0.25 0.25 Throat td(in) 0.25 0.25 0.25 0.25 0.25 0.25 Throat b 2.00 2.00 2.00 2.59 3.00 2.00 Length per Side d 4.00 4.00 4.00 4.00 2.00 1 6.00 Length per Side AW(in2) 3.00 3.00 3.00 3.29 2.50 0.50 Total Weld Area Fs„(ksi) 17 17 17 17 17 17 5356 Shear Strength Rn(kips) 51.00 51.00 51.00 56.00 42.52 8.50 Nominal Resistance 0, 0.75 0.75 0.75 0.75 0.75 0.75 Resistance Factor oWRn(kips) 38.25 38.25 38.25 42.00 31.89 6.38 Available Resistance P,,(kips) 7.83 7.83 4.77 6.39 3.99 4.90 Factored Load OK OK OK OK OK OK Capacity Check FATIGUE PNW= 5.2CdIF psf <-Natural Wind Gust Per AASHTO Signs 11.7.1.2 Page 19 11/7/2021 Cd= 2.0 Drag Coeff. IF= 1.0 Fatigue Importance Factor PNW= 10.4 psf From Bridge Components- One Truss Panel Surface Area: Chords and Verts: 3.47 ftz WSHfat= 93.49 Ib/panel Diagonal: 0.94 ftz WSHfat= 22.44 plf Stringers & Deck: 1.62 ftz Equivalent Fatigue Wind: 4.64 psf(Projected Area) Rails: 1.26 ftz Proj. Area WL: 44 psf Pickets: 1.69 ft' Wind/(Fat. Wind): 0.11 Analysis Factor Total: 8.99 ftz per Truss Panel rchord= 1.39 in Panel Height: 4.83 ft tchord= 0.25 in Panel Length: 4.17 ft r/tchord= 5.56 5 24 Vertical Proj. Area: 20.14 ft' Factor per 11.9.3= 2.6 (Aluminum) V: 1.0 1.0 To Satisfy Fatigue Design: V(Af)5 f(AF) In Chord Member: f(AF)TH= 4.5 ksi (Steel) In Chord Member: 4(AF)TH= 1.73 ksi (Aluminum) In Branching Member: If r/t<_24--> NAF)TH= 1.2 ksi (Steel) In Branching Member: If r/t>24-> NAF)TH= 3.34 ksi (Steel) In Branching Member: If r/t:5244 f(AF)TH= 0.46 ksi (Aluminum) In Branching Member: If r/t>244 �(AF)TH= 1.28 ksi (Aluminum) Y(Ofchord)= 0.14 ksi <_ cp (AF) OK Y(OfFloorDiagonal)= 0.17 ksi <_(p (AF) OK Y(OfFloorBeam)= 0.06 ksi <_cp (AF) OK TYPICAL SPLICE REQUIRED FOR BRIDGE SPANS > THAN CONSTRUCTION CONSULTANTS/ LI, INC. 80'-0" IN LENGTHcn°r AS-BUILTS Liberty Catwalks TOP ; . 1/24/2023 QFA Division of Liberty Products,LLC R.` R Rte. Splice Information Sheet �.��•� ��` aY` \� Model or Series: Liberty Series Lifting Information Sheet T°P ���`, �� I i i --1 ---- -- ---- Bridge Design Criteria 1. All design stresses are in accordance with the specifications of The Aluminum Association, Specifications and Guidelines for Aluminum Structures, latest edition. i ---- ---- - _ I ' ; i i 2. Welding to conform with the American Welding Society D1.2 latest revision. Welding to be --- -_-__ ! performed by experienced welders qualified in accordance with A.W.S. procedures. 1/4 Span of Bridge ---I----__ j _- j I i i 3. Aluminum to be 6061-T6 or 6063 with minimum I yield strength of 35,000 psi. 4. Anchor Bolts to be stainless steel type 316. 1/4 Span of Bridge 5. Hand rails and all other accessible surfaces to be H-17328" ground smooth with no sharp edges or corners. SPLICE BOLTS rr 6. Length of anchor bolts and foundation details are Field connection bolts, if required, shall be for general arrangement purposes only. Actual Material: Type 304 Stainless Steel meeting ASTM A276 e foundation and substructure design, railing, -camber, Condition A or B3, and slope requirements, electrical grounding, and or Type 316 Stainless Steel meeting ASTM A276-88A. TYP. clearances (flood plain, roadway, and waterway) are Bolt: UNC rolled thread Stainless Steel per ASTM A193, Semi—Ribbed the responsibility of others. Grade 88(Type 304) m or UNC rolled threda Stainless Steel per ASTM A193, �6 7. Structural welds will be o minimum of 3/16" fillet Grade B8M(Type 316) unless shown otherwise. Minimum weld does not Nut: Heavy Hex, Stainlesss Steel per ASTM A194, Grade Fully Ribbed apply to seal welds. 8 (Type 304) coated to prevent galling. 11/z or Heavy Hex, Stainless Steel per ASTM A194 Grade 8M 8. 1/2" Tolerance for Warping and Distortion possible (Type 316) coated to prevent galling. SERE ans while heating or welding. Adjust in shop if required. Bolts and Nuts to be tightened by the 'turn of the nut LIBERTY PRODUCTS.RC— Design Based on Following Basic Loads: method' to obtain proper torque. , ,,,,,, - ea,T-D]fiT' Bridge Installation Dead Load: 15psf „,,;R • Live Load: 90psf Evenly Distributed Number of Nuts and Bolts vary per design requirements. The 1. After anchor bolts are installed and checked for • Vehicular Load:2.5kip Occasional Maintenance Vehicle number of bolts required will vary depending on reactions and proper dimensions, place setting plate and shim to 0Wind Load:44psf calculated on the entire vertical length of the catwalk. Cable Choker approximate elevation. (Shim with metal shims) Setting surface as though fully enclosed (Vu=140mph) plates are delivered along with catwalk. Turn of the nut tightening. Cable Choker 2. Place teflon pads on setting plate. Catwalks under Floor Design Information Bolts shall be installed in all holes of the connection and / 50' require teflon pads on each end of the bridge. brought to a snug-tight condition. Snug-tight is defined as e°° 3. Set catwalk in place. Check for proper elevation at LIB-H-17328 (1"x6") or HD-30 Aluminum Ribbed Planks- the tightness that exists when the plies of the joint ore in P°°Y abutment headwall. If necessary adjust to correct The bridge is to be supplied with a semi-ribbed or fully firm contact. This may be attained by a few impacts of an -g height. (See Choker Placement Diagram) ribbed aluminum plank system that is welded to the floor impact wrench or the full effort of a man using an ordinary 4. Grout under setting plate with approved non-shrink struts. The Deck material will be a 6063-T6 alloy with spud wrench. Snug tightening shall progress systematically $ ' age grout. minimum Tensile Yield of 25 and Ultimate Tensile �° 5. Bolt catwalk to anchor bolts, Hand tighten nuts to Strength of 30. from the most rigid part of the connection to the free edges, and then the bolts shall be retightened as neccessary allow for expansion and contraction. until all bolts are snug tight and the connection is fully 6. Deforming bolt threads are recommended. °¢ °¢ A lApproval. Submittals 11/1/2021 compacted. Following this operation all bolts shall be % 03I" Choker Placment Diagram Rev ON DESCRIPTIBY/DATE CKK'D HY tightened further by 1/3 turn. (Reference AISC Manual of o o Mailing Address: Steel Construction, Page 5-275, Table 5). There shall be no ° Place choker around floor beam or bottom chord of Liberty Products, LLC PO Box 316, 787 Dutton Road rotation of the part not turned by the wrench. truss as shown. Attachment to top chord not Section, Alabama 35771 Liberty Products recommended. Under no circumstances should cable or Phone: 256-996-2342 Fax: 800-869-0617 Where splices are used the plates are "shop drilled" and chokers be attached to or rub against railing or toe A. EDS-351D DRPVN BY "matched marked". plates. For accurate lifting weight consult "Bill of uMo4erial �. t- T�•^ eR DP H. Pro asn 11/1/2021 ,."'p .Eµ.".,. PBasss co,�..c<ro^r�sew,eLu.I,x wv er, DO NOT mix plates as holes may not match. Keep plates in List" furnished on all shop drawings. For esti lr� a„ . SBE]tl Stree< '4 JJ G �'k RNer^ectl.NY ll901 same orientation as shop bolted for shipment. weight reference quote. For larger catwalks w , r = PRaa EDT ffC2➢BY. FIELD USE ONLY, VERIFY DIMENSIONS AND INFORMATION recommend that professional steel erectors b 3 C@aRACT Pttentbn 9rswY P-s 6S1-TBT-6601 E_ , � CME 11/12021 WITH LIBERTY PRODUCTS, LLC for unloadingand installation. f fi ti,l ` DESCRIPTIDY F .a ED%�C,- LIFTING AND INFORMATION SHEET '""R� •,�//J/, r THIS GTYNJ(STRUCTURE SNPLL tIDT HE F1R0 K=1FIED IN.1.1 YITIRR YRRHAIG J S�T/ PRIBR PPP.—FROM LIBERTY P—TS. THESE OW,VD—PND BES=PRE THE PR�ERTT OF LIBERTY PRB _ PHB PRE t TB HE—ED OR USED TH PNY VPY DETRIlQRPL laT THEIR VRITTEM @ W. EBS-3540-In.,tB11nTion 25'-1D' Out to Out of Bridge and Bridge Flooring 4' 25'-2' Out to Out to Truss and TC 1 4' Liberty Catwalks Ar) °`L TC 2 T 2 T 3 T 4 Bridge ------------------ —------------------ -'----------------I-----------------I-----------------—----------------�---------------- A Division of Liberty Products,LLC i l I l i i l i i i T 1 ; D 2 1 D 3 D 4 ; Floor Layout Plan Abutment Layout Plan j N i M I j i f TC 1 Model or Series: Liberty Series FA I > i > i i i Span: 5-0" x 26'-0" Truss Elevation Plan j i i i i i BILL OF MATERIALS I I I I I i i JOB: EBS-3540 FOR: Southold, New York BRIDGE SIZE: 5'-0" X 26'-0" I I j I ALLOY 6061-T6 (WF-6061-T6) (C & L-6061-T63) a B 1 B 2 I B 3 I I I (PLATE-6061-T6) (TUBE-6061-T663) ---------------- ------------------ --------------- ------------------ ---- ------- �---�-------- - S#P MARK DESCRIPTION FEET INCHES PWEIGHT TOTAL ER/FT TOTAL LENGTH A 4 EBS-364 A Moore's Drain Daylight Bride Southold New York 1 4'-2' 4'-2' 4'-2' 4'-2' 4'-2' 4'-2' 4 TC 1 RT4121d/4 4 10 3.23 62 19 25'-0' Center to Center of BP 1 Bearing and TC 1 Members 2 TC2 RT 4x2x1/4 25 2 3.23 163 50 2 BC 1 RT 412x114 24 10 3.23 160 50 • •� •� 10 V2-V4 RT412x1/4 4 6 3.23 145 45 1m a a a \ \ 4 D2 RT4x2x1/4 5 10 314 2.1 50 24 ; Comber Line 0 r2FS2 D3 FIT 412x1/4 5 10 314 2.1 50 24 1 0 D 4 RT 4x2x1/4 5 10 7/8 2.1 50 24 em Base LineFloor 2'-6' 5'-0' 1 5'-0' 5'-0' I 5'-0' 2'-6' _ FS 1 C 412.33 25 10 2.33 120 52 C 4)2.33 25 6 2.33 119 51 BP 1 BP1ECAP FS C 412.33 5 0 2.33 23 10 FS 3 L 2)W/8 25 10 0.581 30 52BC 1 ECAP FS L 212x1/8 5 0 0.581 6 10 1 ---'---------------------- ----------------------------- --------------------------- ---------------------------- ------------------------ ----------------------------- 7 FB 1 RT612x1/4 5 4 4.41 165 37 .� N 6 FD 1 RT 212x1/4 6 413/16 2.33 89 38 I FS 1/FS 3 I a 52 Planks H-17328 Ribbed Planks 4 11 F5.88 338 130 Truss Rails I w i I I I o 4 GR 1 RT'212x1/8 25 2 113 101 -C 4 GR2-EnP RT2x2xl/B 2 10 112 13 12 -O I ¢ 134 PRI RT 3/4x314x1/8 2 6 1/2 127 341 L FS 2 '.0 4 BearingPlates&Teflon Pads ° 4 CP 1 PL 1/2"x 9" 0 9 24 Alu inu Pla ks L EX 1 I D4 BP 1 PL 112'x 9" 0 9 24 O1l FB 1 I FB 1 FB 1 I FB 1 ! c 4 Pads 1/4"Teflon Pads x 9" 0 9 I E -__ __ Total 7Yuss and Rail Weight _- _ -_ 1871 _ ti FS 4 Cap FS 2 .° o L I I U FD 1 I FD 1 I I FS 1/FS 3oil I A a BC 1 5' Center of TC1 Bp 1 gp 1 5' Center of TC3 to End of Floor 25'-0' Center to Center of BP 1 Bearing and TC 1 Chords _ to End of Floor- 25'-10' Out to Dut of Bridge and Bridge Flooring Truss Elevation and Floor Plan View 25'-2" Truss Span d Scale: s/4" = V-0" TYPICAL SETTING INSTRUCTIONS CUSTOMER APPROVAL ENGINEERS STAMP a Headed Anchor Bolts, Nuts and washers JO x 12" x 4" Anchor Bolts NC Bolt 4" HighStainless Steel. ASTM F593 type 316 bolt, (4" Threads and Projection) ® APPROVED ti0 8 Places (Installed by Contractor) g 26'-0' Face to Face of Bnckwnll F594 nuts, SS316 washers. J Dia Anchors Double Nut with Washers ® ter"°°RNA y4 of of installed and supplied by Contractor. Or To Allow Thermal Expanion APPROVED AS NOTED Bea ng Hearin 6' 25'-0' Center to Center of Bearing g a see note 5 for Epoxy Anchors. Tighten Bottom Nut Then • 1i UNFACTORED BRIDGE REACT] NS iliw�lW�° 2 Loosen 1/4 Turn And Tighten ® NOT APPROVED 3 �; S an 1 a Contractor or Owner to design 1" x 2" Slotted Holes Footing based on soil boring Top Nut to Bottom Nut. eo P a T x. L x. g 9 ® REVISE AND RESUBMIT Dead Load 0.48 information. Bearing Plate (BP 1) Uniform Live Load 2.91 of of (Shop Welded+to Bridge) Vehicle Load 2.13 Wind 1Yndward 1.20 L < Bearing Bearing v _ - - :; a U lift Leeward 0.40 ; a Wind Transverse 2.75 �a .a L A A ravel Submittals 11/1/2021 Vertical It 11.14 u o Rev DESCRIPTION BY/DATE CKK'D BY Thermal 0.00• v°o Seat Elev=00.00' `T o ° < •, P - Unfactored Vertical Loadu j ~ Mailing Address: each Bearing Plate (4 per Span) L C N I I 1 I N 1) Place Setting Plate on Shims. Liberty Products, LLC T - Unfactored Transverse Load �'4 2) Place Teflon Pads on Setting Plates. PO Box 316, 187 Dutton Road Each Abutment (2 per Span) m a rl Section, Alabama 35771 LibertyProducts 3) Set Bridge on Teflon Pad. / L - Unfactored Longitudinal Load I Phone: 256-996-2342 each Bearing Plate(4 per Span) (Adjust Shims as necessary to make Fax: 800-869-0617 • - Statically Determinate Thermal Expansion & Contraction Anchor Bolts Installed floor level with backwall height) y T°`" °° P°Due to a Seasonal Temperature By Contractor Reference Detail ¢ After Bridge is set, Fill area under J°B S Bs'0 -_ Due Check for Squareness c Variation of 120' F is J" for a "B" for Anchor Bolt Size and Sootitl° "°° `e°" "` Bsn I Itti2D_'1 � setting plate with grout MDIE59 col,.w�n""e�s,Ae°„s:iLl.IK AIwD erg F;, I— Contractor and Owner should 26'-0" Pedestrian Bridge. Bearing Details. 5) Epoxy adhesive bolts in drilled holes are acceptable as �E am S know that the bridge design may6' 25'-0' center to Center of Truss (TC 1) 6' a substitute usingHilti HIT-RE 100 adhesive with HAS-R AR°DTECT Ri.•rlm°a,NY HMc�E�K" Y.3' 6' require foundations to differ from 6- 3' YP 9type 316 'O x 12" Lon Stainless Steel Rods with a contract drawings. _T� A—ASvso r Pve 63I-ie°ssD. Eeu De contract 9 cells ll,l;zual minimum embedment of 6-3�4"' ABUTMENT PLAN ABUTMENT SECTION DETAIL B11 Truss Elevation, Floor Plan and Abutment Layout TNI$GTW ST ELME SNAIL NaT BE FIELD ImDIrIED IN AM War WI7N DRAY h SlE[TREV. PRM MPIDVAL MON LIBERTY PRDDIETS. TIESE DRAWINGS AND MS—S ME TIE PRDPERTT V LIBERTYI. MD ME NDT TD K—.ED DR AN N.T.S N.T.S USED IN Y WAY DETRIMEMAL WITNaa THEIR WRITTEN CrdSENT. EBS--3540Sh°"t 1 uf3 A A A A NS 6 FS Seal 1/8'— TYP Liberty Catwalks G Vertical (V) 1/4' Top or (TC2) Top Chord (TC2) 1/4' B-Uta-GF 1/4• 1/4' _ -+— 1/4" A Division of Liberty Products,LLC --- __ 1/4' 1/4' 1/4' 1/4' 1/4' ° I O---a V I 7 o, o Vertical V Bott Chord (BC7) F r01 Shop Procedures Section Views ( ) Section A-A Section A—A Model or Series: LibertySeries T e: All Models To Chord and Bottom Standard Sho T e: Libert Series To T e: Libert Series T e: Libert Series Stondard Sho Span: 5'-0" X 26'-0.1 Weld Procedures Top p p Chord to Verticol Standard Shop Bo Chord to Vertical Standard Shop p Process: AWS D1.2 Chord Shop Splice Procedure # Process: AWS D7.2 Connection Detail Procedure # Process: AWS D1.2 Connection Detail Procedure # process: AWS D1.2 Procedure # Detail Weld Procedures Filler Wire: 5356 Filler Wire: 5356 Tube Members are of Filler Wire: 5356 Tube Members are of Filler Wire: 5356 Tube Members are of Positions: ALL STD—Chord Splice positions: ALL Equal Width STD—TCI—V-2 positions: AlL Equol Width STD—BC7—V-2 positions: ALL Equal Width STD—TC7—TC2—D-2 Welds are typically for bridge and catwalk members. Members may vary per design requirements. a Typ at TC 2 and BC 1 1/4'_N Typ at TC 2 and BC 1 A A ° A Second Bay and Center 1' 1/4• Second Bay and Center 8. (V) 1/4' a Top Chord (TC2) O. > I 1/4' I c ! Vertical (V) 1/4' iv -4- 9a 1/4' rlJ> I -4- (FB) O, w O 1/4' I \F� °9a' FD m o ) °j Bottom Chord (BC 1) 1/4' J ��J ---+-- Floor Beam (FB) 1/4' 1' Section A-AA Section A-A (FB) 1/4' Floor Beam (FB) Type: Liberty Series Diagonal to Vertical and Standard Shop Type: LibertySeries Gapped Diagonal to Standard Shop Type: LibertySeries Tube Floor ?earn (FB) Standard Shop Type: LibertySeries Floor Diagongl (FD) to Standard Shop Process: AWS D1.2 Top Chord Connection Procedure # Process: AWS D1.lqual Bot Chord Connection Procedure # Process: AWS D1.2 to Vertical (V) Procedure # Process: AWS D1.2 Floor Beam FB Procedure # Filler Wire: 5356 Tube Members are of STD-TC2-D-2 Filler Wire, 5356 Tube Members are of STD-BCI-D-2 Filler Wire: 5356 Vertical()) and Floor STD-FBT-V-1 Filler Wire: 5356 Tube (FD) t Tu STD-FDT-FBT-1 Positions: ALL Equal Width Positions: ALL Width Positions: ALL Beam Fttii some size Positions: ALL Floor eam FB r Floor Strut (FS)�A A LIB-H-17328 Die (1"x6") Ribbed Aluminum Planks Floor Strut (FS2) Note: Weld Aluminum (FS3) Planks to Floor Struts 3/16' 0000 3/16' (FS) 3/16' 2' 3/16' 2' 6-0' 5-8' Floor Beam (FB) Floor Beam (FB) 3/16' S'-4' Top Chord (TC 2) (FB) 5-0' Inside Cleor Width A Section A—A A Section A—A Ii I T e: Liberty Series Floor Str t(FS) to Floor Standard Shop T e: Libert Series Floor Strut( S)) to Standard Shop I Process: AWS D1.2 Beam(FB� Procedure # Process• AWS D7.2 Floor BeamtFB) Procedure # I Guard Rail Filler Wire: 5356 Filler Wire: 5356 I (GR 1) (FS) Tube to (FB) (FS) Channel to (FB) I Positions: ALL TTube STD—FSC—FBT-7 positions: ALL lube STD—FSC—FBT—LIB j I Diagonal (D) I I cv I `0 I Picket Rails (PR 1) A LIB—H-17328 Planks weldedt�13/16' 2' (V) 4y2' OC o N I ro H-17328 LIBFL (1"x6") I ) m 2" at end of Planks A i i o (FS3) 3/16' 2' I Ribbed Aluminum Planks I N I 4'-11' I ENGINEERS STAMP a v ~I Guard Rail i Floor closure i CUSTOMER APPROVAL r— nn n ❑ (GR 1) v j Floor Struts Angle _ (FS 2) (FS 3) I ® APPROVED .�°"o >•.ly`~, (FS1) I fU Pati JpHA y 3/4' I ! 3 APPROVED AS NOTED 3/16' j T I Floor Struts (FS 1) ® . s YPzo 1'@ 12'OC V) I 2' Floor Beam (F ) j Bottom Chord ® NOT APPROVED 3/16' Picket Rails loor io onal7(F I (BC 1) Floor Beam (FB) (PR 1) ® REVISE AND RESUBMIT °� f}�'ji'�'" co A Section A-A A Section A-A 2' Br2' T e: Libert Series Floor trut(FS) to Floor Standard Shap T e: Libert Series guardRoil (GR 1) to StandardShopProcess: AWS 01.2 BeameFB) Procedure # Process: AWS D1.2 PR 1) and Vertical (V) Procedure # v V-7' 1'-10' Filler Wire: 5356 (FS) Channel to (FB) Filler Wire: 5356 Tube (GR 1) to Tub A Approval Subnittals 11/1/2021 Positions: ALL IUbe STD—FS3C—FBT-1 positions: ALL Picket and Vertical e(V) STD—GRI—PR7—V Rev DESCRIPTIDN BY/DATE IncIn BY Mailing Address: Liberty Products, LLC Section A—A Po Box 316, 187 Dutton Road Scale: 1" = 1'-0" Section, Alabama 35771 Liberty Products nt Phone: 256-996-2342 Fax: 600-869-0617 mb EBS-3518 MA-HTS FOR. S R d 1..n Name•6 o-RR.m Pnn— BSD 11/1/2021 ADDRE- canstmctbn Carwltwts/Ll.Inc APP•0 er. 36 E—Stmt Rj—h—d.NY ll901 CHECKED HT. ARCHITEC, 96-5 T-1 Attmtlar Mw Yam Phav:�631-T2T-6601 E,wR1 e¢IBrccen CAtB 11/12D21 TO Chord Bottom Chord Vertical °` "T'�Section Views, Weld Procedures, and Shop Procedures— Top Floor Beam, Floor Struts, and Floor p and Diagonal Weld Procedures Connection Details TRIS CATRALx S nRW LI EHALL ROT BE TR E DSrIED IN ANY RAY RITIRE BRA ,HE� REV. PRIM APPRaYAL nJET LIBERTY PRaTIB THESE➢RAVINGS AND OESIrd/S ARE UTHE SEDPIRIIDERTTRff LIBERTY i�R11CT3, i Ip �T c a+ EBS-3_40 Sb-I2 u1`3 5'-91/8 A A A A D2 (TC,> 5'-91/6. 15/6. Liberty Catwalks I 3 Side 1/4' 1/4' 5'-7076 r 1, a T 7 /'� (GP7) j 1/4' (GP1) 1/q• 39 39. A DIVISIOTL Ol L1VP,1 PCODUCtSrLl�li 1/a' (BC,) Truss Diagonals (D2) 4 Required 1/4' Scale: 1" ED EP j -i 15/6' 5'-93/16' Shop Procedures (Bpi) Section A-A (Bpi) Section A-A Model or Series: Liberty Series (Bpi) Bpi) D 3 S an: 5'-0" X 26�-0�� P Weld Procedures Type: Liberty Series(BP7) to (GP7) at tandard Shop Type: Liberty Series Bpi) to (GP7) at Standard Shop 5,_936• 15/6• Process: AWS D1.2 TC7 Bearing rocedure # Process: AWS D7.2 (TC7) Bearing Procedure # Filler Wire: 5356 Filler wre: 5356 5'-1013/6' Weld Procedures Positions: ALL �TD_Tspc7-GP1-BP1-24 positions: ALL STD-TCI-GPI-BPI-24 39• 39. Welds are typically for bridge and catwalk members. Members may vary per design requirements. Truss Diagonals (D3) 4 Required Scale: I" = 1'-0" 15/gS'-91�q' D 4 I 5'-91/4• 15/B 1/2 I 1/2• �0 1]//2• I 1'/• 10 1" x 2' IDI j /2 5-107/8- 1-3--j-3--j -107/8 m �• i 39° 3g° I • I � � 3' 3' 3' 3' Truss Diagonals (D4) 4 Required 11/2'7T � 11�' 11�' :� Scale: 1" = 1'-0" T e: Liberty Series BP7 Bearing Plate Standard Shop Type; LibertySeries BP2 Bearing Plate Standard Shop 23/8' 6'-27/16' Process: AWS Di.2 Procedure S# Process: AWS D1.2 Procedure # Filler Wire: 5356 STD-BP1-9x9xl/2 Filler Wire: 5356 STD-BP2-9x9x1/2 E• Positions: ALL Positions: ALL 6,-276• 23/6• 6'-413/6' Floor Diagonals (FD1) 6 Required Scale: 1" = 1'-0" QDm 1"0 Holes Do (GP7) 19° I I 1Y2° 3' 3' 11/2' T e: Liberty Series Standard 1/4" Teflon Standard Shop T e: LibertySeries GP 1 Gusset Plate Standard Shop Process: AWS D1.2 Bearing Pad Procedure Process: AWS D1.2 Procedure # Filler Wire: 5356 STD-TeFlon Pad Filler Wire: 5356 STD-GP1-Gusset Positions: ALL Positions: ALL - CUSTOMER APPROVAL ENGINEERS STAMP ® APPROVED ,�c�a ® dtip.}rdJpHr vG�9"r i APPROVED AS NOTED e Y ® NOT APPROVED ® REVISE AND RESUBMITo� A Approval Submittals 11/1/2021 Revi DESCRIPTION BY/DATE CHK'D HY Mailing Address: Liberty Products, LLC PO Box 316, 187 Dutton Road Section, Alabama 35771 Liberty Products w Phone: 256-996-2342 Fax: 800-869-0617 JO& EBS-35{D DRAVN BY. Fat. s e Tuen_ Dram m Pro eet BSD 11/1/2021 MlmR cans<•.saen censamntyLl,uK APP'D Bn 36 E aW Street Mw,henn.NY 11901 ENEExED BY. ARCHITECT L@l1RACT0<2AStentBw assn YR -63I-]eY .. EUS. C'.11/1/2021 DESFR[PTIaM Section Views, Weld Procedures, and Shop Procedures THIS CAYW_STRUDTBRE SIMLL NOY HE FIELD NDDIFIED IN ANY I"RITN DRAVDlG B. SHEET REV. PRION APPROVAL FRON LIBERTY PRODUCT$. THESE DINGS AND Des." AAE 1AEn ISN u�ivrvW neiall'Yo7�DnTRimui'iNE R1YimFJ1 DDIAEHI EBS-3540 SI-13 Df3 LEricAS-BUILT CERTIFICATION Baumack of my knowledge,these drawings represent the ace conditions,both vertical and horizontal,of d utilities and structures. __ 1/24/2023 ck^, n Consultants-LI,Inc. Y LONG ISLAND SOUND DAYLIGHTING PROJECT For the: ./tjlr Town of S O U T H O L D MATTITUCK GOLDSMITH'S INLET _ _- INLETORIENT 53095 Main Road, 11071 - POINT I i GREENPORT Y . 1 HOGS NECK NEW SUFFOLK NASSAU POINT GREAT CsLa o� PECONIC NO. DATE: REVISION i MARKS: BAY -------___ -- - - En SOUTHOLD TOWN MOORE'S DRAIN DAYLIGHTING PROJECT nA DRAWING NO. August 2020 August 17, 2020 LOCATION KEY MAP 1 500 COVER PAGE 8/17/20-001 CONSTRUCTION CONSULTANTS/ LI, INC. Existing Trees this area(3 or more) NOTE: THE CONTRACTOR SHALL BE RESPONSIBLE AS-BUILTS to be Removed and/or Trimmed FOR ALL UTILITY MARK-OUTS NEEDED AND/OR REQUIRED to accommodate new Work. FOR THE COMPLETION OF THIS PROJECT. ~ 1/24/2023 Existing Concrete Road Section this area to be Removed. neldverify Existing Concrete Headwalls&Culvert E Pipe this area to be Removed. 7 Elevation of existing Concrete Road Sections to be Recorded by the Contractor prior to any - / work and shall establish a bench mark to JJJ// coordinate&verify top of New Bridge Deck DAYLIGHTING PROJECT For the: Town of (�� SOUTH OLD '10 •r` Existin Concrete Pavement Existing Asphalt�avement �r-� --- Existing Reflector this area to Remain• this area to Reman. Signage this area tD� J 53095 Main Rood, 11071 be salvaged for reuse �� ±!.; � — — _ 1 Silt Fencing(Both Sides)to be Installed _ &Maintained Throughout Construction- (off-set N from existing headwalls) / Moore's Drain Flow Line (Approximate Line of Flow) �pe vtQ, v �1 VISIONS NO. ATE: REMARKS: DEMOLITION NOTES: - --- 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EXCAVATION AND GRADING REQUIRED BY THE NEW WORK 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL REQUIREMENTS LISTED WITHIN THE D.E.0 PERMIT. DEMOLITION PLAN 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL CLEARING AND GRUBBING REQUIRED TO COMPLETE THE WORK. 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DISPOSAL OF ALL MATERIALS GENERATED BY THIS PROJECT SCALE: 1 20.0' AND SHALL REMOVE SAME FROM SITE IN A TIMELY MANNER BUT NO LONGER THAN 5 WORKING DAYS, 5. THE CONTRACTOR SHALL FULLY INVESTIGATE EXISTING CONDITIONS PRIOR TO THE START OF CONSTRUCTION VA-T DRAWING NO. AND SHALL VERIFY ALL DIMENSIONS,EXISTING OR NEW,AND BE RESPONSIBLE FOR UNIFORM ALIGNMENT August 17, 2020 AND UNIFORM FIT. SCA,E AS NOTED DW OpAWN: �+"1.+R. CONTKACT #: SHEET 2 OF 4 8/17/20-001 CONSTRUCTION CONSULTANTS/ LI, INC. AS-BUILTS i 1/24/2023 TOPSOIL&SEED is required at all disturbed areas and final Grading shall meet all adjacent t - contour elevations uniformly with no severe grade changes. -4-44,`,I.y,t ' Existing Concrete Pavement this area to Remain. Line of Concrete Slabs 3 to be Removed. - (Approximate Location) D AY L I G H T I N G PROJECT �t�.► +x - -- For the: Contractor shall re-install reflective Signage as Directed by the Town. .,� Town of SOU TH OLD X/ _---- -J 53095 Main Road, 11071 New Asphalt Pavement- Pedestrian Walkway to Align Atter Removal of Existing Culver)set bottom of new with new Bridge Abutments water course equal to the lower invert elevation. and existing walkway. See Details Sheet A-1 ALL New Grading of earth work shall be one on three (I vertical to 3 horizontal Maximum).Typical Throughout. New Aluminum Pedestrian Walk Bridge Silt Fencing(Both Sides)to be Installed on New Concrete Abutments. See Details Sheet A-1 PROJECT NOTES: Center New Bridge and Concrete Abutments &Maintained Throughout Construction- New Top of Bridge Elevation to be set at the same on Center Line of Existing Culvert to be Removed. (off set 3'from existing headwalls) elevation of Concrete Road Section to be Removed. all Excavation and Grading to Align with Same. All areas prepared for TOPSOIL&SEED PLAN � N oshall receive erosion control blanket fabric. NOTE: Elevation of existing Concrete Road Sections A.M.Leonard CGRADING i LA � rtex II Erosion Control REVISIO to be Recorded by the Blanket Fabric or approved Equal. NO. DATE: REMARKS: Contractor with a bench mark SCALE: 1" = 10.0' to establish top of New Bridge Deck — - - Aluminum Pedestrian Bridge as MFG by Liberty Products, LLC. 26' Long X 5'Wide Deck- Liberty X Series. Top of Bridge Deck & Concrete Abutment to ALIGN NOTE: All Concrete Abutment Surfaces shall PA'ff: DRAWING No. 3 Bear on Undisturbed soil with a MINIMUM August 17, 2020 1 I bearing capacity of 3,000 P.S.F. 5r_kE Bottom Elevation to be Set at Pre-existing Culvert invert AS NOTEDPm I New Asphalt Pavement. I?PAWN: J 1.5"Top Asphalt on 2.5"Base BRIDGE CROSS SECTION Asphalt on 4"Thick Stone Blend CQNfl.<T #: SHE)-1' 3 OP 4 Typical both sides of New Bridge. SCALE: N.T.S. 8/17/20-001 CONSTRUCTION CONSULTANTS/ LI, INC. AS-BUILTS r � 1/24/2023 1/2"B Galvanized Anchor Bolts 4,000 PSI Concrete Abutment. at Each End to Secure Bridge. FielA Ve Top section continuous Horizontal. tir b -I Actual BridW/ _Tge -` it 4 Steel Reinforcement- •�/\� n 12"O.C.Vertical(Upper Section) WI 6"O.C.Horizontal .�� Section Details IV 12"Diameter,4,000 PSI Concrete ( s Monolithic Placed Concrete Footing. Typical at each end. NOTE: Elevation of New Bridge Abutment to be set by the Contractor to ALIGN the New 4,000 PSI Concrete Abutment. Top of Bridge Deck with Contractors Bench Mark. See Section Details for Steel (Taken from Center of Pre-Existing Concrete Road Deck) 4,000 PSI Concrete Abutment. .• Reinforcement. __ Top section continuous Horizontal. • Field Verity WI 16 1, KActual Bridge C 4 Steel Reinforcement- 5 12"O.C.Vertical(Upper Section) +'r• --I�-- Wr 6"O.C.Horizontal C i .t• V 4 Steel Reinforcement- b, 6"O.C..C.Horzonge,4EACH DAYLIGHTING PROJECT ' S• ,{/tom Q 17'O.C.Horizontal Ct Lower Footing Section. For the: 117'0 Galvanized Anchor Bolts - -"-- -" -- - - at Each End to Secure Bridge. 4,000 PSI(12"0 Concrete Footing. g 1/2"0 Galvanized Anchor Typical of Two at each Abutment. Bolts at Each End of Abutments Town o to Secure New Bridge.CONCRETE ABUTMENT PLAN Section Detail A S O U TH O L D 53095 Main Road, 11071 LENGTH OF ALUMINUM BRIDGE 26'-0- + 1-(Maximum)For Clearance CONTRACTOR to verity actual LENGTH OF ALUMINUM BRIDGE Prior to Placement of New Abutments r•O' j Z..a. 1r 1r 1r 1r _— JkEVISIONS A NO. DATE: REMARKS: • NEW Aluminum Pedestrian Bridge .jas - — - ts, LLC - - -- --- 26 Long by Liberty Products, ong X Wide Deck - Liberty X Series. r — — -- - - New Concrete Abutment New Concrete Abutment DRAWING NO. See Details Above-(Opposite Hand) See Details Above — New Asphalt Walkway to be Uniform PA New Asphalt Walkway to be Uniform and ALIGN with existing Concrete Road Aust 17, 2020 and ALIGN with existing Walkway in a manner that complies with ADA Standards In a manner that complies with ADA Standards Gr AI G I�.PLI� AS NOTED � ALUMINUM BRIDGE PLAN SCALE: 1/2" = 1' - 0" COMPALT#' SHEL-r a OF a 8/17/20-001 New York State New York State and Local Sales and Use Tax ST-1 19■ 1 Department of Tation andFinance Exempt Organization Certification (5/95) This certification is not valid unless all entries have been completed. Name of seller Name of exempt organization making purchases Construction Consultants/LI, Inc. Town of Southold Mailing address Exempt organization number(from Form ST-119) 36 East 2nd St. City,village or post office Mailing address Riverhead 53095 Main Road State ZIP code City,village or post office New York 11901 Southold Substantial civil and/or criminal penalties will result from State ZIP code the misuse of this form. New York 11971 1 certify that the organization named above holds a valid Form ST-119, Exempt Organization Certificate,and is exempt from state and local sales and compensating use taxes on its purchases. Print or type name of officer of organization Title Scott A. ,,Russell Southold Town Supervisor Signature of officer of org ation Date prepared November 8, 2021 Instructions Seller Purchaser If all entries have been completed and an officer of the Complete this certification and give it to the seller This form may organization has signed the certification, you may accept it to be reproduced without prior permission from the Tax Department exempt sales to the organization named. The exempt organization must be the direct purchaser and payer of record Your exemption from New York State and local sales and use tax Any bill, invoice or receipt you provide must show the does not extend to officers, members or employees of the exempt organization as the purchaser. Payment must be from the funds organization. Personal purchases made by these individuals are of the exempt organization. subject to sales and use tax.An organization's exemption does not extend to its subordinate or affiliated units.When making Do not accept this form to exempt sales of motor fuel or diesel purchases, subordinate units may not use the exemption number motor fuel, including No 2 heating oil (see Purchaser section). assigned to the parent organization. Such misuse may result in the The exempt organization must give you certification at the time revocation of the parent organization's exemption of the organization's first purchase.A separate document is not You may not use this form to make tax exempt purchases of motor necessary for each subsequent purchase, provided that the fuel or diesel motor fuel. Since No. 2 heating oil falls within the exempt organization's name, address, and certificate number definition of diesel motor fuel, you may not use this form to appear on the sales slip or billing invoice.The certification is purchase it tax exempt You must use Form FT-1020, Exemption considered part of each order and remains in force unless Certificate for Certain Taxes Imposed on Diesel Motor Fuel and revoked Propane or Form FT-1025,Certificate for Exemption from Certain If a certification with all entries completed is not received Taxes Imposed on Diesel Motor Fuel, to claim exemption on heating within 90 days after the delivery of the property or service, oil you will share with the purchaser the burden of proving the Hospitals that have been granted an exemption from sales and use sale was exempt. tax pursuant to section 1116(a)(4) of the Tax Law may claim You must keep this Exempt Organization Certification for at exemption on the purchase of motor fuel by using Form FT-937, least three years after the date of the last exempt sale Certificate of Sales Tax and Motor Fuel Tax Exemption for Qualified substantiated by the certification. Hospitals. Need Help? For forms or publications,call toll free(from New York State only) 1 800 462-8100 From areasoutside New York State,call(518)438-1073 For information, call the Business Tax Information Center toll free(from the continental U S)1 800 972-1233 You can also call toll free(from New York State only) 1 800 CALL TAX(1 800 225-5829) From areas outsideNew York State,call(518)438-8581 Telephone assistance is available from 8:30 a.m.to 4:25 p.m,Monday through Friday. Persons with Disabilities-In compliance with the Americans with Disabilities Act,we will ensure that our lobbies,offices, meeting rooms and other facilities are accessible to persons with disabilities If you have questions about special accommodations for persons with disabilities,please call the information and assistance numbers listed above Hotline for the Hearing and Speech Impaired-If you have a hearing or speech impairment and have access to a telecommunications device for the deaf(TDD),you can get answers to your New York State tax questions bycaliing toll free(from the continental U S) 1 800 634-2110 Hours of operation are from 8,30 a m to 4 15 p m,Monday through Friday If you do not own a TDD,check with independent living centers or community action programs to find out where machines are available for public use FT If you need to write,address your letter to NYS Tax Department,Taxpayer Assistance Bureau,W AHarriman Campus,Albany NY 12227 8V358A 3 000 New York State Department of Taxation and Finance /� q New York State and Local Sales and Use Tax ST— 24 L�l Certificate of Capital Improvement (2/12) After this certificate is completed and signed by both the customer and the contractor performing the capital improvement, it must be kept by the contractor. Read this form completely before making any entries. This certificate may not be used to purchase building materials exempt from tax. Name of customer(print or type) Name of contractor(print or type) Town of Southold Construction Consultants/LI, Inc. Address(number and street) Address(number and street) 53095 Main Rd. 36 East 2nd Street City State ZIP code City State ZIP code Southold NY 11971 Riverhead NY 11901 Sales tax Certificate of Authority number(if any) Sales tax Certificate of Authonty number(if any) 111-2859961 To be completed by the customer Describe capital improvement to be performed: moore's drain daylighting project-skipper horton park Project name Moore's Drain Daylighting Project- Skipper Horton Park Street address(where the work is to be performed) City State ZIP code I certify that: ® I am the (mark one) 0 owner ❑ tenant of the real property identified on this form;and • the work described above will result in a capital improvement to the real property within the guidelines of this form;and • this contract(mark one) ❑ includes ❑ does not include the sale of any tangible personal property that, when installed, does not become a permanent part of the real property(for example, a free-standing microwave or washing machine). I understand that: • I will be responsible for any sales tax, interest, and penalty due on the contractor's total charge for tangible personal property and for labor if it is determined that this work does not qualify as a capital improvement;and • I will be required to pay the contractor the appropriate sales tax on tangible personal property(and any associated services) transferred to me pursuant to this contract when the property installed by the contractor does not become a permanent part of the real property;and • 1 will be subject to civ' or criminal penalties(or both) under the Tax Law if I issue a false or fraudulent certificate. Signature of customer ; Title Date W, C Southold Town Supervisor 11/8/21 To be completed by the contractor I,the contractor,certify that I have entered into a contract to perform the work described by the customer named above, and that I accept this form in good faith.(A copy of the written contract, if any, is attached.) I understand that my failure to collect tax as a result of accepting an improperly completed certificate will make me personally liable for the tax otherwise due, plus penalties and interest. Signature f contractor or office Title Date President 11/08/2021 This certificate is not valid unless all entries are completed. ST-124 (2/12) (back) Guidelines When the customer completes this certificate and gives it to the for determining when floor covering constitutes a capital contractor, who accepts it in good faith, it is evidence that the improvement do not apply to such flooring.The criteria stated in work to be performed will result in a capital improvement to real (a), (b), and (c)above apply to such flooring. property. A certificate is accepted in good faith when a contractor has no A capital improvement to real property is an addition or alteration knowledge that the certificate is false or is fraudulently given, to real property that: and reasonable ordinary due care is exercised in the acceptance (a)substantially adds to the value of the real property or of the certificate. appreciably prolongs the useful life of the real property, and If a contractor gets a properly completed Form ST-1 24 from the (b) becomes part of the real property or is permanently affixed customer within 90 days after rendering services, and accepts it to the real property so that removal would cause material in good faith,the customer bears the burden of proving the job or damage to the property or article itself,and transaction was not taxable. (c) is intended to become a permanent installation. If you are a contractor who installs items such as washing The work performed by the contractor must meet all three of machines, clothes dryers, dishwashers, refrigerators,furniture, these requirements to be considered a capital improvement. etc.,which when installed or placed in real property do not This certificate may not be issued unless the work qualifies as a become part of the real property,you must collect tax on your capital improvement. charge for the installation.The individual charge for any of these items is also taxable as the sale of tangible personal property. If a contractor performs work that constitutes a capital improvement,the contractor must pay tax on the purchase If a contractor does not get a properly completed Certificate of building materials or other tangible personal property, but of Capital Improvement within 90 days,the contractor bears is not required to collect tax from the customer for the capital the burden of proving the work or transaction was a capital improvement, improvement.The failure to get a properly completed certificate, however, does not change the taxable status of a transaction; For guidance as to whether a job is a repair or a capital a contractor may still show that the transaction was a capital improvement, see Publication 862, Sales and Use Tax improvement. Classifications of Capital Improvements and Repairs to Real Property. The contractor must keep any exemption certificate for at least three years after the due date of the last return to which it A contractor,subcontractor,property owner,or tenant,may relates, or the date the return was filed, if later.The contractor not use this certificate to purchase building materials or other must also maintain a method of associating an exempt sale tangible personal property tax free.A contractor's acceptance made to a particular customer with the exemption certificate on of this certificate does not relieve the contractor of the liability for file for that customer. sales tax on the purchase of building materials or other tangible personal property subsequently incorporated into the real property Need help? as a capital improvement unless the contractor can legally issue Form ST-1 20.1, Contractor Exempt Purchase Certificate.(SeeVisit our Web site at www.tax.ny.gov WWW Publication 862 for additional information.) • get information and manage your taxes online The term materials is defined as items that become a physical • check for new online services and features component part of real or personal property, such as lumber, bricks, or steel.This term also includes items such as doors, Telephone assistance windows, sinks, and furnaces used in construction. Sales Tax Information Center: (518)485-2889 Floor covering To order forms and publications* (518)457-5431 Floor covering such as carpet, carpet padding, linoleum and Text Telephone(TTY)Hotline(for persons with vinyl roll flooring, carpet tile, linoleum tile, and vinyl tile installed hearing and speech disabilities using a TTY): (518)485-5082 as the initial finished floor covering in new construction, a / Persons with disabilities: In compliance with the new addition to an existing building or structure, or in a total vAmericans with Disabilities Act,we will ensure that our reconstruction of an existing building or structure,constitutes a lobbies, offices, meeting rooms, and other facilities are capital improvement regardless of the method of installation.As accessible to persons with disabilities. If you have questions a capital improvement,the charge to the property owner for the about special accommodations for persons with disabilities,call the information center installation of floor covering is not subject to New York State and local sales and use taxes.However,the retail purchase of floor Privacy notification covering (such as carpet or padding) itself is subject to tax. The Commissioner of Taxation and Finance may collect and maintain personal Information pursuant to the New York State Tax Law,including but not limited to,sections 5-a,171,171-a,287,308,429,475, Floor covering installed other than as described above does 505,597,1095,1142,and 1415 of that Law,and may require disclosure of social security numbers pursuant to 42 USC 405(c)(2)(C)() not qualify as a capital improvement.Therefore,the charges for This Information will be used to determine and administer tax liabilities and,when authorized bylaw,for materials and labor are subject to sales tax.The contractor may certain tax offset and exchange of tax information programs as well as for any other lawful purpose apply for a credit or refund of any sales tax already paid on the Information concerning quarterly wages paid to employees is provided to certain state agencies for purposes of fraud prevention,support enforcement,evaluation of the effectiveness of certain materials. employment and training programs and other purposes authonzed by law Failure to provide the required information may subject you to civil or criminal penalties,or both,under The term floor covering does not include flooring such as the rax Law hardwood,slate,terrazzo, and marble.The rules This information is maintained by the Manager of Document Management,NYS Tax Department, ceramic the W A Harnman Campus,Albany NY 12227,telephone(518)457-5181 FO[�c0 ELIZABETH A.NEVILLE,MMC �.Z. l/,y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 y = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS • .F Fax(631)765-6145 MARRIAGE OFFICER �� ®`° Telephone(631)765-1800 RECORDS MANAGEMENT OFFICERof `0►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING Moore's Drain Daylighting Proiect Bid Opening August 5, 20212:00 PM Seven(7)bids received Construction Consultants 74,000.00 Costello Marine 132,750.00 Eric Baumack John Costello 36 E 2°a Street PO Box 2124 Riverhead,NY 11901 Greenport,NY 11944 631/727-6604 631/477-1199 Brian V. Klug Landscaping 96,400.00 Excav Services Inc 146,500.00 Brian Klug Dylan Governale PO Box 349 PO Box 82 Speonk,NY 11972 Manorville,NY 11949 631/325-1208 631/929-1388 PSL Industries 109,865.00 G+M Earth Moving 160,000.00 Robert Cembrook Sara Coffill 640 61h Street 345 Elsworth Street Ronkonkoma,NY 11779 Holbrook,NY 11741 631/738-0595 631/567-0120 KJB Industries 121,212.00 Bob Panchak 14 Center Drive Riverhead,NY 11901 631/727-5600 Rudder, Lynda From: Collins, Michael Sent: Friday, August 6, 2021 8:16 AM To: Rudder, Lynda Cc: Sepenoski, John Subject: Moores Drain Daylighting Project Bid Results Lynda: Please provide me with a copy of the Proposal Package Pages 1-9 and the Bidders Qualifications Pages QS-1 through QS- 4 for each of the seven bidders. Thank you. Michael Collins, P.E. Town Engineer Town of Southold (631) 765-1560 http://www.southoldtonMa.gov/index.aspx?nid=195 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 1 t BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. Notarized Affidavit of Non-Collusion as required by NYS Law. A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. As per specifications, the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured,to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Assumed Name Certification. Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 f � VENDOR NAME:43rid i LaIiA l 6�C VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. '►/ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: II-a9®&[(R 9 OR SOCIAL SECURITY#: II DATE OF ORGANIZATION: Ma rz3 D l 9 7ff IF APPLICABLE: DATE FILED: STATE FILED: MOO Y6rIe- If a non-publicly owned Corporation: CORPORATION NAME: 86'4m V, LavW-s Lit- LIST I[LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) rl�Vl V, K�vtR LIST OFFICERS AND DIRECTORS: NAME TITLE a C rlra✓1 V 1 �`�(/i�j PiaEi"o1e- 7 t-Q&t l reaS w,-e-r Ice ec --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: /V LIST PARTNERS NAMES: A/ fi Proposal Package 3 of 9 t y ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME. r)' ADDRESS: )p T CS��m L A)V /19 7cZ CONTACT: TELEPHONE: 63 I—3l.�Srr''W e FAX: (0 31- 7d / 3,3'�3 E-MAIL: f l n VI O VI K 1 �G7 n�S �r C01�v ONLY if different - 1 MAIL PURCHASE ORDER TO: /^J ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: / 1 ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: A//A 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 oglo-31aocR DA E FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZE NATURE Proposal Package 5 of 9 AFFIDAVIT Of NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person si ning this bid u e under the penalties of perjury, affirms the truth thereof. !//�0 PrPs, SWORN TO BEFORE ME THIS Signature&Company Position of i Ocepne-S . DAY OF 20 02 Type Name&Com anIPosition kna 0 V 2h4a LA4dSca Ae4�_bi Company Name NOTA Y _4WJ US a©ai Dat ned NOTARY KIMBERLY State of NewYork Jl_ D���� No.01H06153462 Qualified in Suffolk County Federal I D.Number Commission Expires @s�ebetZr 3 Proposal Package 6 of 9 D THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park VENDOR NAME: /' � Lawes C . VENDOR ADDRESS: CSon lc n1 Y ll9'7�2 TELEPHONE NUMBER: (3130�S IR 0 15� FAX: 631- 7a 7-3,3q,3 /3 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.) /0A The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Moores Lane Daylighting Proiect at Skipper Horton Park 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 Da1 %ylight/Moores Drain and Install Premanufactured Metal Bridge /�6/ for /LS o Dollars Cents TOTAL BASE BID Items(Add All Items) � oo � �,S Io o U- �4 Ad� � Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Packaae 8 of 9 zJ n AUTHORIZED SIGNATURE PRINT NAME TITLE !01 CSC DATE y r �oZf ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF e" ss.: On the day of S-� in the year 2021 before me, the undersigned, personally appeared, �` , personally known to me or proved to me on the basis of satisfactory evidence to 14 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. e On ARY UBLIC KIMBERLY HONIG NOTARY PUBLIC, Stat of NewYork No.01 H06153462 Qualified in Suffolk Coun tY Commission Expires Proposal Package 9 of 9 • ` l Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: )� /(� VP A Corporation i A Partnership or Entity FIRM NAMEQr/fii W �s'C W.An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE {� 1 re�su�er Br►"aK✓j�I PO Rof sq9 OnkAJ Y cS*DeVeJOPWL� VP Sec refarl Mo,;(A l PoBV3g9 IeA)y D 'Fi'ceN1a`ta� 1. How many years has your organization been in business under its present business name? LI-3 y6a'-S . 2. You normally perform what percent of the work with your own forces? '/-00% List trades that you organization normally performs below: cS/' pWork 61 -Je%Dwte" �yeXcra✓ol, "ort/ Sep-fie S'YS/&& , i'o�. 1'M& W,4'J -J- at lads cae C.OMSfr L77-L. 3. Have you ever failed to complete any work awarded to you?,Al2-112-If so,note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes, please provide details NO, 6. List the major construction projects your organization has underway at this date: Name o£ Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion IV14 7. List five major projects you organization has completed in the past five years: Name of. Engineer/ rWork Done Project Owner Architect Contract - Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work i• f S.EG Peso P!SE&L1. Wsom �p 4gYD30, -P� Voord;S L L ,,v&°9oS--457631• 02. I�� s ia�e '11 Dl s6 foA SII "D 13 7 3 1 f�D`rlo � ofso04wla �0, q E7i� (3I-t7oa-MA Yk i �1 .�75 D O' 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 Capacily jn`�n V, Kl 9-es. � ►�S. {/l Poses of �dGtC�i.�e 6�V-r 0444'SAeD 0"50K 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? Yes A/ neceSS0_47 10. Bank References: 01,74ai O)jR i24 / 'M0k?7'�e�h/)/. 10/1 (3l 30 11. Trade Association Membership: lv/yq 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? QS-3 � � w 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 /VEST y01-L ) COUNTY OFsi/f-FbIlC ) O �rCA being duly sworn deposes and says that lie is the 2'S l of r'i A o 1/i /r rR�sc��onrfi-actor and that answers to the foregoing questions and all statements the ein contained are true and correct. (Signature of perso io signed bid) Sworn to beforeis *741 , Notary Public Commission Exp* ation Da KIMBERLY HONIG NOTARY PUBLIC, State of ewYork No.01 Qualified in Suffolk county Commission Expires 0 � l•� QS-4 .A BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the llowing 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 amou of Five rcent of Bid Price as required in the Invitation to Bid. As per specifications,the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Assumed Name Certification. Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 t i VENDOR NAME: � ����' '��� � VENDQR INFORMATION SHEET TYPE OF ENTITY:CORP. ` PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: cv If a non-publicly owned Corporation: CORPORATION NAME: ! ' � v r � dc, LIST P; CIPAL STO LDERS: (5% of outstanding shares) /�7'�/y%g Ac" LIST OFFICERS AND DIRECTORS: 4 NAME TITLE v --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDORNAME: ADDRESS: A/I CONTACT: TELEPHONE: ��s-6°" FAX: E-MAIL: k����,y �OZ- � 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 9 VENDOR NAME:. �� ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED n NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached ❑ I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE S DIS IDDER. AUTHORI ED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, cons tatio , discussion, agreement, collusion, act or other conduct inconsistent with any of the state ents d representations made in this affidavit. The er nog , u the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signal r &Corn panypf sition / ��- /v/rdd CSCR 3 i'd DAY OF 20 2-1 Type Name&Company Position QJ-/, c9/ W6 Company Name NOTARY PUBLIC 00 - 3 - 0l Date Signed GINA A.LOCKE NOTARY PUBLIC,STATE OF NEW YORK l S-2—v Registration No.OIL06057960 Federal I D Number Qualified in Suffolk County Commission Expires Apr.30,2023 Proposal Package 6 of 9 THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park � cJ r^.�s : ` ,{/J ��D —7-,41 e,- VENDOR NAME VENDOR ADDRESS: —/� XR, X TELEPHONE NUMBER: Z31—P7—fG-01) FAX: 7.) a�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 '2 Z1 Proposal Package 7 of 9 Moores Lane Daylighting Proiect at Skipper Horton Park 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 D yl t �o`o'r`e�s` rain and Instal manufac red Metal Bridge / 1 1 for 4,1,q / /LS t2-12— Dollars Cents TOTAL BASE BID Items(Add All Items) 1-21 Ile e p CL TN Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Packaae 8 of 9 c2e AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF //� ) ss.: On the da of in the year 2021 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to e the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC GINA A.LOCKE NOTARY PUBLIC,STATE'OF NEW YORK Registration No.OIL06057960 Qualified in Suffolk County Commission Expires Apr.30.20-1:5 Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to inteirogtories hereinafter made. SUBMITTED BY. &447/k A Coy oration A Partnership or Entity FIRM NAME: e An Individual PRINCIPAL OFFICE: a,-- Jr- 4V ew-"X� Aref PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE ZgelP F 1. How many years has your organization been in business under its present business name? d7 2. You normally perform what percent of the work with your own forces? ;70 % List trades that you organization normally performs below: C m-/o- ' ° 3. Have you ever failed to complete any work awarded to you?/"10 . 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. A QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to constriction contracts within the last five years?If yes, please provide details. 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 7,)7 - 7 ^ DO 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work 9>0 X77 IaX-/ lap ���� / g°, t'A, /-71 D41542" ZX 13).,A/ �/ Zea AMP Qs-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Capacijy 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? le S 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? //010 QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF Alev" �� ) COUNTY OF & �'� ) f being duly sworn deposes and says that he is the ?%lam�'rg of �3"A � contractor and that answers to e oregoing quest ons and 11 statements therein contained are true and correct. (Si txpre of person who signed bid) Sworn to before me this 31—t day of , 2021 Notary Public Commission Expiration Date: GINA A.LOCKE NOTARY PUBLIC,STATE OF NEW YORK Registration No.OIL06057960 Qualified in Suffolk County Commission Expires Apr.30,20 QS-4 Ps L IndrieS BIDDER'S..CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not-included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured,to be on file in the Purchasing Department. You will be given ten (10)business days from notice-of award to supply this,,form or`the bid.will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed,Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only'for informational purposes, and will be signed by"the successful bidder after award of the contract. Proposal Package 2 of 9 Town ,of Southold "Moores Drain Daylighting Project at Skipper Horton Park" PROPOSAL PACKAGE BID OPENS: August'5, 2021 REMINDER NOTE!!!: VENDORS MUST -RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the-Contract Agreement. It.is "included only for informational purposes, and will be signed by the , successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response , whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 -'VENDOR NAME: PSL Industries, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP.• X PARTNERSHIP INDIVIDUAL ' FEDERAL EMPLOYEE ID #: 11-3419304 OR SOCIAL SECURITY - DATE OF ORGANIZATION: -1998 - IF APPLICABLE: - -DATE FILED: y STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: PSL Industries, Inc. LIST PRINCIPAL"STOCKHOLDERS: (5% of outstanding shares) _ Robert M. Cembrook, President 100% LIST OFFICERS AND DIRECTORS: NAME TITLE Rohert n4 r-emhrook President Lucy Cembrook, Sec./Treas. If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 t r - ADDRESS RECORD FORM MAIL BID TO• VENDORNAME: PSL.Industries, Inc. ADDRESS: 640 6th Street, Ronkonkoma, NY 11779 CONTACT: Robert M. Cembrook TELEPHONE: 631-738-0595 FAX: 631-981-2234 E-MAIL: pslind@optonline.net ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL:: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: f Proposal Package 4 of 9 VENDOR NAME: PSL Industries, Inc. ASSUMED NAME CERTIFICATION *If the business is'conducted'under an assumed-name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: ; If the bidder is an individual, the bid must be signed by that individual; if, the bidder is a corporation',,by an officer of-the corporation,'or other person authorized by resolution of the;board of directors, and in such case a copy'of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filedwith•the Purchasing Agent. ;. The submission of this' constitutes a--certification thavno 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-forbiddm 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: , r Insurance Certificate as'requested is attached I certify that I can supply•insurance,as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. X AU ZED SIGNATURE Proposal Package 5 of 9 i ) AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor,bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. ' 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The perso '.gnin ' ' under the penalties of perjury, affirms the truth thereof. X J SWORN TO BEFORE ME THIS Sign re&Company Position Robert M. Cembrook, President DAY OF 20Zt Type Name&Company Position PSL Industries, Inc. �® C� J \ Company Name .Y PUALX NH�-2,l UP.01127f20�;— 206270 A Date Signed 11-3419304 ��°9�.�FQLK Federal I.D.Number SOF N��1 — A Proposal Package 6 of 9 c � THE PROPOSAL- FORM Moores Drain Daylighting Project at Skipper Horton Park PSL Industries, Inc. ` VENDOR NAME: ' VENDOR ADDRESS: 6406th Street, Ronkonkoma, NY 11779 TELEPHONE NUMBER: 631-738-0595 FAX: 631-981-2234 , 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,full nature thereof,should be disclosed-below. It is not forbidden that individuals working for the Town of Southold or other municipalities,bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda'(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Moores Lane Davliahting Project at Skipper Horton Park 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)- DOLLAR CENTS DOLLARS CENTS Daylight Moores Drain and Install Premanufactured Metal Bridge r 1 1 6 09 5 ® y l� j �� for a ' /LS CO j- IDollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents f (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirely any or all items prior to or after award of the bid. Proposal Package ll of 9 AUTHORIZED SIGNATURE x PRINT NAME RobertM. Cembrook TITLE President DATE L ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Suffolk ---) ss.: On the--f— day of in the year 2021 before me, the undersigned, personally appeared, Robert M. Cembrook' ,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. NOT B C--- �� No01SE6296270 jig.01127120�z A F®LK ASOF N R Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: Robert M. Cembrook A Corporation A Partnership or Entity FIRM NAME: PSL Industries, Inc. An Individual PRINCIPAL OFFICE: 640 6th Street, Ronkonkoma, NY 11779 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE Robert M. Cembrook, President 115 Windwatch Dr., Hauppauge, NY, General Contractor Lucy Cembrook, Sec./Treas. 122 Admirals Dr., Bay Shore, NY Office Manager 1. How many years has your organization been in business under its present business name? 23 2. You normally perform what percent of the work with your own forces? 65 List trades that you organization normally performs below: Excavation,drainage,concrete,asphalt & landscaping 3. Have you ever failed to complete any work awarded to you? NO.If so,note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes,please provide details. NO QS-1 e • 5. Has your firm requested,arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. NO 6. List the major construction projects your organization has underway at this date: Name of- Engineer/ Project_ Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion Attached 7. List five major projects you organization has completed in the past-five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion %of Work Attached QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci Robert M. Cembrook, President 30 all super Gary J. Seib, Project Manager 30 Project management 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? Yes 10. Bank References: HSBC, Dime 11. Trade Association Membership: Local 1298 & Local 138 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation?NO QS-3 C.bkeA0 M&WW)e- 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. 0 A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. 0 As per specifications, the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. 0 Assumed Name Certification. ® Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: Costello's Marine Contracting Corp'. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2399620 OR SOCIAL SECURITY#: DATE OF ORGANIZATION:August 20, 1976 v IF APPLICABLE: DATE FILED: August 25, 1976 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Costello's Marine Contracting Corp. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) John A. Costello- 100% LIST OFFICERS AND DIRECTORS: NAME TITLE John A. Costello President John F. Costello Vice President- Treasurer Jane P. Costello Vice President-Secretary --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Costello's Marine Contracting Corp. ADDRESS: P.O.'Box 2124 Greenport,NY 11944 CONTACT: John A. Costello TELEPHONE: 631-477-1199 FAX: 631-477-0005 E-MAIL: officegeostellomarine.com 'ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: " ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: Costello's Marine Contracting Corp. 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 ALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in"any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. T erson signing this bid,under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS gnature&Company PositionU�US� John A. Costello,President DAY SOF 20 2A Type Name&Company Posidon Costello's Marine Contracting Corp. Company Name NOTARYIL)�Wt STMNS �q w� T* Z t Notary Public-State of New York Date Sig d NO.01ST6269424 Qualified in Suffolk County 11-2399620 Commission Expires g a Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park VENDOR NAME: Costello's Marine Contracting Corp. VENDOR ADDRESS: P.O.Box 2124,423 5th Street Greenport,NY 11944 TELEPHONE NUMBER: 631-477-1199 FAX: 631-477-0005 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-vvere issued please write N/A below): Addendum No. Dated 001 8/2/2021 Proposal Package 7 of 9 4- J Moores Lane Daylighting Proiect at Skipper Horton Park 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 Daylight Moores Drain and Install Premanufactured Metal Bridge for one hundred thirty-two thousand,seven hundred fifty dollars and zero cents !LS $ 132,750 .00 $132,750 .00 Dollars Cents TOTAL BASE BID Items(Add All Items) l one hundred thirty-two thousand, seven hundred fifty dollars and zero cents $132,750.00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Packaae 8 of 9 AUTHORIZED SIGNATURE PRINT NAME John Costello TITLE President DATE All-9-4-5 7- 21,C)�l ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Suffolk ) ss.: On the . "" day of ✓.S in the year 2021 before me, the undersigned, personally appeared, J hn A. , 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 sarne 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. NOT RY PUBLIC LYNN E STEVENS Notary Public-State of New York No.01ST6269424 Qualified in Suffo County Commission Expires Y Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: John A. Costello gAa�iri �rsiip r Entity FIRM NAME:Costello's Marine ContractingCorp. An Individual PRINCIPAL OFFICE: 423 5th Street Greenport,NY 11944 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President John A.Costello 1210 North Road,Greenport,NY 11944 Marine construction VP-Treasurer John F.Costello 17 Washington Ave.,Greenport,NY 11944 Marine construction VP-Secretary Jane P.Costello 750 Holbrook La.,Mattituck,NY 11952 Human resources,permits - - l. How many years has your organization been in business under its present business name? 45 +years 2. You normally perform what percent of the work with your own forces? 85 % List trades that you organization normally performs below: erosion control,bulkheads, groins (jetties), dredging, docks, rock revetments, marina design, drainage,bridge construction 3. Have you ever failed to complete any work awarded to you? No . If so,note where and wiry. 4. Are there any claims,judgments,arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. Alexander Hargrave, as Administrator of the Estate of Bartolome Miguel Miguel, deceased against John A. Costello and Costello Marine Contracting Corp, defendants. Index No: 602788/2016 QS-1 6 A 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes, please provide details. No 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone 4 Telephone# Amount Complete Completion Bulkhead Maria Testa $528,900 15% January 2022 516-297-8915 Bulkhead, North Ferry Company $250,000 On-going Continually on-going Ramps,Piling Bridgford Hunt 631-749-0319 ext.105 Bulkhead at Belvedere Property Management $167,200 12% Winter 2022 Cow's Neck Eddie Aiduck 917-215-0363 Slip Repairs South Ferry Inc. $225,000 On-going Continually on-going Cliff Clark 631-749-1200 - 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work Duryea's Marc Rowan 646-623-9713 $842,864 May 2020 100% Orient by the Sea Marina Construction Waterfront Marina Patrick Malloy 631-725-0033 $269,210 Dec.2019 100% Bulkhead Replacement Claudio's Tora Matsuoka 631-848-3884 $154,280 June 2019 100% Bulkhead in Front of Restaurant Rock Susan Worth $189,700 Sept.2020 100% Revetment 917-566-5139 Rock Mark Levine $300,000 Sept.2020 100% Revetment 917-751-6074 QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Exuerience Responsible Ca aci John A.Costello President 60+ All Supervisory John F.Costello VP-Treasurer 30+ Management Supervisory - John R.Goodwin Foreman 28+ Construction Foreman 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? Yes 10. Bank References: Capital One Bank Dime Bank e.- VChkse'Biftik 11700 Main Road 218 Front Street='."' ='� -23&Maiii*Slireei Mattituck,NY 11952 Greenport,NY 11944 Greenport,NY 11944 631-315-3155 631-477-0220 dit" 4774700, •..... .-...-...w.+.i..... (lam 41 .. i. 11. Trade Association Membership: National Federation of Independent Business,Inc. (NFIB) 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? No QS-3 w 11 Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF New York ) COUNTY OF Suffolk ) John A.Costello being duly sworn deposes and says that lie is the President of Costello's Marine Contracting Corp, contractor and that answers to the foregoing questions and all statements therein contained are true and correct. ?ihature person who signed bid) Sworn to before me this 51A day�of ,2021 Notary Public �h CSV Comtio mission EYpiran`Date: 9_a 00Ito' LYNN E STEVENS Notary Public-State of New York NO.01ST6269424 Qualified in Suffolk County Commissi6n Expires ay- 0 QS-4 r oYlg�rue,�- cly1 Town of Southold "Moores Drain Daylighting Project at Skipper Horton Park" PROPOSAL PACKAGE BID OPENS: August 5, 2021 REMINDER NOTE! ! ! : VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! !,! Thank you! Proposal Package 1 of 9 VENDOR NAME: Construction Consultants/LI, Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: 11-2859961 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: April 2, 1987 IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: Construction Consultants/LI, Inc., LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) Eric Baumack Isabel Meltzer LIST OFFICERS AND DIRECTORS: NAME TITLE Eric Baumack President Isabel Meltzer Vice President --.--------------------------------------------------------------- --------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDORNAME: Construction Consultants/LI, Inc. ADDRESS: 36 E. 2nd St., Riverhead, NY 11901 CONTACT: Eric Baumack TELEPHONE: 631-727-6604 FAX: 631-727-6605 E-MAIL: info@ccliinc.com ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: Construction Consultants/LI, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: /<<� If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 i AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. TL SWORN TO BEFORE ME THIS Signature&Com any Position Eric Baumack, President I-A DAY OF 20 -2t Type Name&Company Position Construction Consultants/LI, Inc. Company Name NOTARY PU LIC 8/3/21 Date Signed SUSAN T. YOUNG 11-2859961 Notary Public,State of New York Federal LD Number 01Y06209293 Qualiffieed, in Suffolk County Proposal Yac�cage o THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park VENDORNAME: Construction Consultants/LI, Inc. VENDOR ADDRESS: 36 E. 2nd St., Riverhead, NY 11901 TELEPHONE NUMBER: 631-727-6604 FAX: 631-727-6605 The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Moores Lane Dayliqhtinq Protect at Skipper Horton Park 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 Daylight Moores Drain and Install Premanufactured Metal Bridge 1 1 for :1K�1 C JAG-yLd- 01—L111) /LS Dollars Cents 7� 600 1 0 0 OOd o O TOTAL BASE BID Items(Add All Items) Lr cC IBJ xck-a-� O-a t74,600 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME Eric Baumack TITLE President DATE $/3/21 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ss.: On the54� day of _ in the year 2021 before me, the undersigned, personally appeared, aou,�.r.�r J , 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. J,�� 7-- 4JD,. NOTARY PUBLIC SUSAN T. YOUNG Notary Public,State of New York 01Y06209293 Qualified in Suffolk County Term Expires: 7/27/20 oleo Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: Eric Baumack A Corporation Construction Consultants/LI, Inc. A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: 36 E. 2nd St., Riverhead, NY 11901 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President Eric Baumack 35 Niagara St., Miller Place, NY 1. How many years has your organization been in business under its present business name? 34 years 2. You normally perform what percent of the work with your own forces? 5 % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? no . If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. no QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. no 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion see attached .:a 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work see attached QS-2 • a 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 Capacily Eric Baumack President 30 Construction Management 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? yes 10. Bank References: Dime (Formerly BNB) 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? no QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF e w C JcA ) COUNTY OF ) being duly sworn deposes and says that he is the J om,of��,�,t �tet, Qcontractor and that answers to the foregoing questions and all statements therein'-contained are true and correct. (Signature of person who signed bid) Sworn to before me this 5-A day of ,2021 Notary Public �.t�c d pert, V Commission Expiration Date: SUSAN T. YOUNG Notary Public,State of New York 01Y06209293 Qualified in Suffolk County Term Expires: 7/27/204b QS-4 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. Notarized Affidavit of Non-Collusion as required by NYS Law. A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. As per specifications,the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured,to be on file in the Purchasing Department. You will be given ten(10)business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Assumed Name Certification. Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 Town of Southold "Moores Drain Daylighting Project at Skipper Horton Park" PROPOSAL PACKAGE BID OPENS: August 5, 2021 REMINDER NOTE! ! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 N-A VENDOR NAME: n O \ o,_ VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. ✓ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 3 Z2> IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: i1 LIST PRINCIPAL STOCKHOLDERS: (5% of outstandings ares) = co1 - LIST OFFICERS AND DIRECTORS: NAME TITLE �a1 �o 11 vice --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: a-f(`C — VT"O ADDRESS: 39 �q )(� `1� .M ��'�� �W i CONTACT: C ®�` TELEPHONE: FAX: c3 c E-MAIL: SCI �,c�ameC�r`K� \Jt Sal 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 9 i VENDOR NAME: G 4M T-- CwA 1 ` mos'1Q , SC�- 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.) C1 RC)P, INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY iBIDDER. AUTHORIZ SI NATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any fiuzn or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid,under the penalties of perjury, affirms the truth thereof. NXL OkWA -?M96-?M96MV SWORN TO BEFORE ME THIS Signature&Company Position O,COi �� , eS��? `��°- DAY OF 0n� Type Name&Company Position Gts �i't'�U�� . rC• Company Name NOTARY PtIBLIC 1- S-- ®� MICHELLE JAMES Date Signed NOTARY PUBLIC,STATE OF NEW YORK Registration No 01JA6089317 Qualified mSuffolk sMarch24, J Commission Expires Much 24,2023 Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park VENDOR NAME: VENDOR ADDRESS: EMw cjcj '1 We& "0 I b ®d L S)14 MD r TELEPHONE NUMBER: FAX: M)—5e2—Qa 1 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.) 1-)G t The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Moores Lane Daylighting Proiect at Skipper Horton Park 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 Daylight Moores Drain and Install Premanufactured Metal Bridge 160 f 16 0000 for ONE HU-JO r� SZ**Vf I®io�7ylarey� DDC.LAgS A4*)/41LS � Dollars Cents TOTAL BASE BID Items(Add All Items) bj4F, HUNbRED 5iXTY Z$pLQai�l ANN 2-G/?O Cc S 160 000. 9J Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. T Proposal Package 8 of 9 AUTHORIZED SIGNATUREUV PRINT NAME TITLE ire g1 DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the ��- day of Proodin the year 2021 before me, the undersigned, personally appeared, p , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC =NoOIJA6089317 E JAMES TATE OF NEW YORK o O1JA6089317uffolk Countyes March 24,2023 Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made co �\ SUBMITTED BY: �jr��(1 "1�`t`pV� ` A Corporation FIRM NAME: G 5-M ):—D ,'1 rn(�1 Sj1� Air-h al° PRINCIPAL OFFICE: h-00V--k Ilu ow'- eLDH PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE ?rf- Scxro,Co�fi 11 >3�a vxtl�v���e•,�o ��,�� 11��� gee a 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? `�� % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? 'm.0_. If so,note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes,please provide details. QS-1 � m 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. no 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 5e,e o, 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 a 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 Capacity �ce(aOO-)6 mu vyv S 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 10. Bank References: "�W 11. Trade Association Membershi L(M 13 LOO-0,1 W Loco,\ 1 Q 0($ 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? QS-3 1 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. alkn, t1, STATE OF )t W0�_V� ) COUNTY OF Sv4�)k ) being duly sworn deposes and says thatshe is the ae%OeDt of contractor and that answers to the foregoing questions and all statements therein cont fined are true and correct. ,VA OA:;U-X (Signature of person Who signed bid) Sworn to before me this day of NU& 2021 Notary Public Commission Expiration Date: 3--�1.( a` MICHELLE JAMES NOTARY PUBLIC STATE OFNEWYORK Registration No.01JA6089317 Qualified in Suffolk County Commrsston Expires March 24,2023 QS-4 r � i CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Twenty-One by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party of the second part (hereinafter called Contractor). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work associated with the Moores Drain Daylighting Project at Skipper Horton Park AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), , Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein'provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 x C Ail S ��.v i Ces 4 nC. BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. Notarized Affidavit of Non-Collusion as required by NYS Law. A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Q' Assumed Name Certification. MBidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 t c ' VENDOR NAME: Excav Services Inc. VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. x PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-3584478 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 01/23/2001 IF APPLICABLE: DATE FILED: 01/23/2001 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Excav Services Inc. LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) Robert Governale, President LIST OFFICERS AND DIRECTORS: NAME TITLE Robert Governale President Dylan Governale , Vice President Katherine Governale Secretary /Treasurer --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Excav Services Inc. ADDRESS: PO Rnx fig Mannrville, NY 11949 CONTACT: Dylan Governale TELEPHONE: 631-929-1388 FAX: 631-929-1388 E-MAIL: dylan@excayservices.com ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: Excav Services Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: N/A 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 El I certify that I can supply insurance as specified if awarded the bid 0 Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE S A L D UALIFY BIDDER. UTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the� rson responsible within my firm for the final decision as to the prices(s) and amount TYWis'15i�i pe not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. 1 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 per gni g this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS n ompany Position Richard DeVito, C;ontrollPr DAY of 20_RL Type Name&Company Position -�- Excav Services Inc Company NameNOTARY PUBLIC IN,)n Zr) L11 Date Signed JEANETTE REUTER Notary Public-State of New York 11-3584478 No.01 RE6411341 Federal I D.Number Qualified in Suffolk county My commission Expiresj L-!L' Ll Proposal Package 6 of 9 THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park VENDOR NAME Excav Services Inc. VENDOR ADDRESS: PO Box 82 Manorville, NY 11949 TELEPHONE NUMBER: 631-929-1388 FAX: 631-929-1388 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 1 08/02/2021 Proposal Package 7 of 9 Moores Lane Daylighting Project at Skipper Horton Park 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 Daylight Moores Drain and Install Premanufactured Metal Bridge 1 1 for One Hundred Fourty Six Thousand,Five Hundred and 00 /LS 146,500 00 146,500 00 Dollars Cents TOTAL BASE BID Items(Add All Items) One Hundred Fourty Six Thousand, Five Hundred and 00 1467500.00 Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Package 8 of 9 AUTHORIZED SIGNATURE PRINT NAME Richard Devito TITLE Controller DATE 08/04/2021 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Suffolk ) ss.: On the day of August in the year 2021 before me, the undersigned, personally appeared, Richard DeVito , 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. OTARY PUBLIC JEANETTE REUTER Notary Public-State of New York No.01 RE6411341 Qualified in Suffolk C My Commission Expires_ , Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: Dylan Governale X A Corporation X A Partnership or Entity FIRM NAME: Excav Services Inc. An Individual PRINCIPAL OFFICE: ???? Location-457B CR 111 Manorvllle, NY 11949 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President Robert Governale 2542 River Rd Calverton,NY 11933 Geologist,Prime Contractor,Structual Design All aspects of construction means and methods Vice President Dylan Governale 2556 River Rd Calverton,NY 11933 Project Supervisor/Manager,Equipment Operator 1. How many years has your organization been in business under its present business name? 21 years 2. You normally perform what percent of the work with your own forces? 95 % List trades that you organization normally performs below: Earth work, plumbing, septic and concrete 3. Have you ever failed to complete any work awarded to you? No .If so,note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. No QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. No 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion Mud Creek Suffolk County DPW Land Use&Interfluve 3 6M 35% 10/22 Restoration Project William bowman 631-727-2400 Town of Roslyn Grist Mill Renovation Roslyn Landmark Society GeoDeslgn 40% 9/2021 Jennifer Lister 212-221-6551 $400,000 516-625-4363 Stony Brook University NYS Center for Clean Parson Rd Water Technology 1-12M Architects 25% 8/2021 Frank Russo 631-756-8000 $227,500 631-216-7410 Hampton Bays Water Hampton Bays Water 1-12M Architects 7500 9/2021 District District Chris Weber $217,600 Carbon Change Out 631-756-8000 7. List five major projects you organization has completed in the past five years: Name of- Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion %of Work Municipal Stormwater Village of 1-12M Architects Runoff Remediative Project Westhampton Beach Brian Murrell $1.2M 6/2019 100% Weshampton Beach,NY Mayor M.Moore 631-756-8000 631-702-1559 Riverview Lofts Georgica Green Job Co Inc $2 2M 08/2019 100% 221 E Main St Ventures Robert Weiner Riverhead,NY 516-487-0050 Indian Health Services Indian Health Services Indian Health Services $850,000 07/2021 100% at Shinnecock James Courtney James Courtney 315 569 9081 315 569 9081 Innovative Alternative NYS Center for Clean PW Grosser $610,000 4/2021 100% Wastewater Treatment Water Technology Systems Frank Russo 631-216-7410 Town of Riverhead Town of Riverhead $498,525 100% Water District 1-12M Architects 8/2020 Water Main and Superintendent Frank John Collins Appurtenances Mancini 631-727-3200 631-756-8000 QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci 9. Do you have, or can you obtain,sufficient labor and equipment to commence work when required and complete the work within the Contract Time? Yes 10. Bank References: Chase Bank-Nicholas Dichiera,Business Solutions Account Manager 813-880-6028 11. Trade Association Membership: LI LW 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? NO QS-3 P, 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) kXk2_„t) 0,151/,VO being duly sworn deposes and says that he is thenMI,_,,l/syL of Sb/V/ces /VC, contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signa person who signed bid) Sworn to before me this day of ,2021 Notary Public Commission Expirati Date: i JEANETTE REUTER Notary Public-State of New York No.01 RE6411341 Qualified in Suffolk coun Niy commission Expires 7 QS-4 Town of Southold "Moores Drain Daylighting Project at Skipper Horton Park" PROPOSAL PACKAGE BID OPENS: August 5, 2021 REMINDER NOTE! Is ! : VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 .:,- '"°"° TfIE FAGE:OF_, 19 DOCUMFtdTI IASrA;COt oREQ`BAGKGROUNDAOM WR T} _ -- ILEPAPER:`,iFGOFIEQ'THe_WOF(D?,V ID YVILt AiSt3APPEFlR,3, 84-487 CASHIER'S CHECK. 31055070'5 1 Cap®ta"i0m Bank 1111 DATE '08/04/2021 ISSUING REGION 081 BRANCH Mattltuck,1 1700 Win RQ$RANCR,DID 4601'0 SIX THOUSAND SIX HUNDRED THIRTY SEVEN DOLLARS AND.50`CENTS' PAY TO THORDER OFE TOWN af�SOUTHOLD 6,637.50 =Draier:Capital One;N.A. MOORFS-DRAIN BID L _I N - AUTRORIZED SIGNATURE g RE CIH RISTI N/A_ROACH E Read the,reverse side fot important infiormation on thareissuance ottost•,4aestroyed,or Stolen cashier's check This check may not,be y,placed untd affer the 90th d4y'ot issue, .y q'-`r '; `_ ,='ay 'JI*�, 015TH-ISD0,C MEN[t*t3NTA SeANA TIF[CIAL-WATERMA K% WHAT" NG - �. U _�� - R - g X44�_ AN,A-_LCk�1tiEWWaa=�4,� ���,� e��• ` ��„�,6 11■9 105SO705 111® 1® 1 h b 104 17900 76 201-1000 1 611® Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place r f initiates) United States Fire Insurance Company Brian V. Klug Landscaper, Inc. 305 Madison Avenue Morristown, NJ 07962 This document has important PO Box 349 legal consequences.Consultation Speonk, NY 11972 Mailing Address for Notices with an attorney is encouraged with respect to its completion or OWNER: modification. (Name.i gal status and address) Any singular reference to Town of Southold Contractor,Surety,Owner or other party shall be considered 53095 Main Road plural where applicable. Southold, NY 11971 BOND AMOUNT' 5% Five Percent of Amount Bid PROJECT: (Name.location or addrexx mrd Project number.if m;t} Moore's Drain Daylighting Project at Skipper Horton Park, Greenport, NY The Contractor and Surety arc bound to the Owner in the amount set forth above,for the payment of which tiro Contractor and Surety bind themselves.their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the ternis of such bid,and gives such bond or bonds as may be specified in die bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof.or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to pertinent the wort:covered by said bid,then this obligation shall be null and void,otherwise to remain in full lbrce and ellect.The Surely hereby waives any notice ol'an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiverof notice by lite Surety shall not apply to any extension exceeding sixty(60)days in lite aggregate beyond the lime for acceptance of*Nds specilied in the bid documents,and the Owner and Contractor shall obtain the Surety's consent liar an extension beyond sixty(60)days. If this Bond is issued in connection%vith a subcontractor's bid to a Contractor,the tern Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been lunaished to comply V6111 a statutory or other legal requirement in the location ol'the project.any provision in this ilond conflicting with said statutory or legal requirement shall be deenned deleted herelinnn and provisions conlimning to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bund and not as a common law bond. Si-tied and-scaled-this--29th- day of July, 2021 `— Brian V: Klug Landscaper, Inc. !Principal) (Seal) (1J" fess) v nn Bv. L,&" cQ (Title) United States Fire Insurance Company (]J ihress (Title)Deborah L Severin,Attorney-in-Fact S-0054/AS 8110 U ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF New York } COUNTY 0FS'4 1k} ss: On this 1714 day of G S J 20 21, before me personally appeared 111100fC'R.- eltc:j to me known, who, being by me duly sworn,did depose and say that he/she resides at 10191d N 1 ,that he/she is the Vit cz Oy—as I deo of Brian V. Klug Landscaper, Inc. the corporation described in and which executed the foregoing instrument;and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. -/". a'x Notary Pub 'c KIMBERLY HONIG NOTARY PUBLIC,State of NewYO* No.01 H0615`3462 Qualified `�"'� Suffolk County kj ACKNOWLEDGMENT OF SLIRETI ammissionExpires STATE OF NEW YORK } COUNTY OF NASSAU } ss: On July 29, 2021 before me personally came Deborah L. Severin to me known who, being by me duly sworn, did depose and say that he/she resides at 255 Executive Drive, Plainview, New York 11803,that he/she is the Attorney-In-Fact of United States Fire Insurance Company the corporation described in and which executed the foregoing instrument;and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. Peter Henry Notary Public State Of New York No.OIHE4784829 Qualified In Nassau County Notary Public Commission Expires:January 31, )L , _y POWER OF ATTORNEY +f UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 00635402721 KNOW ALL MEN BY THESE PRESENTS That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint Rosanne Callahan,Janice R.Fiscina,Robert Finnell,Peter Henry,Jennifer Laura Johnston-O.eka,Fern Perry,Deborah L.Severin each,its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver-Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties not exceeding.Seven Million,Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31,2022. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article III thereof,which Articles provide,in pertinent part Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice-President, any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents whatsoever in connection with its business including,without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers of attorney or revocations of any powers of attorney,stipulations,policies of insurance,deeds,leases,mortgages,releases,satisfactions and agency agreements, (b) to appoint,in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation Article III,Officers,Section 3 11,Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings, recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile,lithographed or otherwise produced In addition,if and as authorized by the Board of Directors,divrdend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22"day of August 2019. UNITED STATES FIRE INSURANCE COMPANY Q, A Anthony R.S1iniowicz,President State of Pennsylvania } County of Philadelphia} On this 22nd day of August 2019,before me,a Notary public of the State of Pennsylvania,came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office v Commonwealth of Pennsylvania—Notary Seal Tamara Watkins,Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22,2023 Commission number 1348843 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the onginal Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. e � q q IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company o the �ay oL 20 UNITED STATES FIRE INSURANCE COMPANY Al Wright,Senior Vice President UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET,WILMINGTON,DELAWARE 19801 STATEMENT OF ASSETS,LIABILMES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2020 ASSET Bonds jAmortized Value)......................... ... ........... 1,271,745,314 Preferred Stocks(Market Value)...................-..— .............. .......—.......... 12,500,000 Common Stocks(Market Value)................. ..... ...... .... ..................... ....................— 1,367,179,277 Mortgage Lows(Market Value)................... ............-.- —............. 129,482,676 Cash,Cash Equivalents,and Shari Term Investments........ ...............•..-.................,-.._......-_,._• 872,418,743 Derivatives................--...... ....... .................................. ...... . ..... ...... 22,295,392 Other Invested Assets...... .................................... ........ .............. .... ............. 381,954,569 Investment Income Due and Accrued............ .... ......................... ............. 10.633,412 Premiums and Considerations................................................ .. ................. .... ...-.... 361,050,764 Amounts Recoverable from Reinsurers............................................................... ... .... 37,752,224 Funds Held by or Deposited with Reinsured Companies...._._--.... ....... ...........................— 9,551,031 Current Income Taxes Recoverable . ........— -.......... 99,753 Net Deferred Tax Asset-... ................................. ..... ..... . . ...... ......................... 189,212.579 Electronic Data Processing Equipment..........----.....—....... ........--............. 2976,676 Receivables from Parent,Subsidiaries and AffiliaEcs................................... ..... .................... 66.045,263 OtherAssets.................. ................................ ............................ -....................... 83,625,922 TOTAL ASSETS,.. .................. ........ .................. ......_ 5 4,818,423.595 LIABILITIES,SURPLUS&OTHER FUNDS Losses(Reported Losses Net of Reinsuramre Ceded and Incurred But Not Reported Losses).....1.4.1—1.-I..................... .............................................. t.773.113,441 fteinsurimce Payuble an Paid Losses and Loss Adjustment ETp4ns'M'..—.—........--............ 96,184,770 Loss Adjummcot Expcm=......................... .......----.........-'--.......- •------------ 379,712,166 Commissions Payable,Coatiagcot Commissions and Otho Sirriiiar Charges.....•........................ 10,938,946 011iff Expenses(Excluding Taxes,Lictrisesand Feet),,,., --,, —---.......... .................. 74,050,735 Taws,Lkcnws and Fees(ExcMing;Federal 1.%vmtTaxes)——1-11.1. .,1........1.1.1.-—---l—, 19,112,482 Ur=rncd Premiums........>................................... . .... ......................................... 711.160,035 Advance Premium...... ................. ...... ...... .. ...... ....... .. ...........I--,,-,-- .. I.—... 10,524.196 C�6 Reinsurance Premiums ftywe........... ..... ......................— 39,739,814 Funds Held by Company under Reinsurance Treaties.......... . . ...... ............... ................ 27,831,610 Amounts Withheld by Company for Account of Others........ ... . ...... ...... ............ .....- 111,982.736 Provision for Reinsurance......... ................ ...... .............................. ................. 1,603,526 Payable to Parent,Subsidiaries and Affiliates.......... .... ... .. ........................—............. I L.258.344 Other Liabilities........... ............. ......... . ...... ........ ....I'll".. 32,706,068 TOTAL LIABILITIES. ................. S 3,299,918,869 CommonCapital Stock................................ ..........------- - ------ - ....... ................> 18,780,000 Gross Paid In and Contributed Surplus.. ............................ 1,657,074,940 Unassigned Funds(Surplus)........ ............. ....... ....................... (157,350,214) Surplus as Regards Policyholders. ........ .......... ......— 1,513.504,726 TOTAL LIABILTHES,SURPLUS&OTHER FUNDS .... ... ...................1111.. S 4,819.423,595 1,Carmine Scaglione,Senior Vice President and Controller of UNITED STATES FIRE INSURANCE COMPANY,certify that the foregoing is a fair statement of Assets,Liabilities.Surplus and Other Funds of this Company,at the close of business.December 31.2020.as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware IN TESTIMONY WHEREOF,I have set my hand and affixed the seal of the Company,this 8th day of March.2021. UNITED STATES FIRE INSURANCE COMPANY c,J► Colonial Surety Company Administrative Office 123 Tice Boulevard, Suite 250 Woodcliff Lake, NJ 07677 201-573-8788 BID BOND Approved by The American Institute of Architects A.I.A. Document No.A-310 (Feb.1970 Edition) KNOW ALL PERSONS BY THESE PRESENTS, that we, KJB INDUSTRIES INC., Riverhead, NY as Principal, hereinafter called the Principal, and COLONIAL SURETY COMPANY, a corporation duly organized under the laws of the Commonwealth of Pennsylvania, as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold,Southold, NY as Obligee, hereinafter called the Obligee, in the sum of 5% of amount bid not to exceed $7100 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 MOORES DRAIN DAYLIGHTING 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 pe rm he Work covered by said bid, then this obligation shall be null and void, otherwise to remain ' full forc and effect. Signed and sealed this 5th day f August 2 21. KJB INDUSTRIES INC. Witness: rt Pa hak (Principal/Title) (Seal) Colonial Surety' Company Witness 0b {Panchak Philip Shepard (Attorney-(n-fact) (SAI) COLONIAL SURETY COMPANY Duncannon,Pennsylvania Administrative Office:123 Tice Boulevard,Woodcliff Lake,New Jersey 07677 GENERAL POWER OF ATTORNEY Know all Men by These Present.%That COLONIAL SURETY COMPANY,a corporation duly organized and existing under the laws of the Commonwealth of PennsyMnla and having an administrative office In Woodcliff Lake,Bergen County, NJ does by these presents make,constitute and appoint Philip Shepard of Riverhead NY Its true and lawful Attomey(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,hereby ratifying and confirming all that the said Attorney(s)-in•Fact may do In the premises.Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Colonial Surety Company at a meeting held on the 25th day of July,1950. Be if 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 Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section L Attorney-ln-Fact Attorney-in-Fact may be given full power and authority for and In the name of and on behalf of the Company,to execute,acknowledge and deliver,bid bonds and consent of surety only,recognizances,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" 19n lVitness Whereof,Colonial Surety Company has caused these presents to be signed by its President and Its corporate seal to be hereto affixed the 25th day of February .A.D.,2021. \o�a\gurety 0 COLONIAL SURETY COMPANY o Cwt f�- State Of New Jersey U fACefporotad By— County of Bergen SS' * —•— * erg 1030 Wayne Nunzista,President @7nsylv0r\21 On this 25th day of February . In the year 2021, before me Theresa Spinelli a notary public, personally appeared Wayne Nunnata 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 ter° i THERESASPINELU 1 r Notay ANotary Public of NewJersey Pubbc My Camrr--Expires Sept—ber 8,ao25 Theresa Spinelli Notary Public 1,the undersigned President 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 GIVEN under my hand and the seal of said Company,at Woodcliff Lake,New Jersey this 5th day of August 20 21 Wayne Nunziata,President Orlinal pdr#ad asth Blue andtor Black Ink For vmfration of the authentaty of this Parer of Art y you may ca®(201)573-8788 and ask for the Paver of Attorney clerk PI ease refer to the above named rr4vdual(s)a-A detaft of the bond to v.Ttch the parer is attached Form S-100-10i(Rev 02(21) Colonial Surety Company Duncannon,Pennsylvania -Inc 1930- Balance Sheet as at December 31, 2020 Cash&Invested Assets: Liabilities: Cash $6,654,784 Outstanding Losses&Loss $6,492,242 Expenses Cash Equivalents 10,504,734 Unearned Premiums 10,182,564 Common Stocks* 751,310 Funds Held 10,500,023 Bonds* 48,663,115 Reinsurance Payable 976,315 Accrued Expenses 416,306 Total Cash&Invested Assets $66,573,943 Income Taxes Payable 680,319 Dividends declared and unpaid to 1,500,000 Stockholder Miscellaneous Liabilities 355,256 Total Liabilities $31,103,025 Other Assets: Accrued Investment Income $468,466 Capital&Surplus: Premiums Receivable 3,008,843 Common Capital Stock $ 4,000,000 Funds Held—Collateral 10,833,770 Additional Paid in Capital 1,000,000 Reinsurance Recoverable 1,202,351 Unassigned Surplus 49,568,766 Net Deferred Tax Assets 519,616 Miscellaneous Assets 3,064,802 Total Capital&Surplus $54,568,766 Total Admitted Assets $85,671,791 Total Liabilities,Capital& $85,671,791 Surplus *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 hereby certify that the foregoing is a full,true and correct copy of the Financial Statement of said Company,as of December 31,2020. IN WITNESS WHEREOF,I have signed this statement at Woodcliff Lake,New Jersey,this 25th day of March,2021. Wayne Nunziata President Notary Public THERESA SPINELLI Theresa Spinelli Notary Public A Notary Public of New Jersey My Commission Expires September 9,2025 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 390 Bid Bond CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal place rfbusine s) United States Fire Insurance Company P S.L. Industries, Inc. 305 Madison Avenue Morristown, NJ 07962 This document has important 640 6th Street legal consequences.Consultation Ronkonkoma, NY 11779 Mailing Address for Notices with an attorney is encouraged with respect to its completion or OWNER: modification. (Name,legal status avid address) Any singular reference to Town of Southold Contractor,Surety,Owner or other party shall be considered 53095 Main Road plural where applicable. Southold, NY 11971 BOND AMOUNT' 5% Five Percent of Amount Bid PROJECT: (Xame.location or address and Project number,if agit Moores Drain Daylighting Project @ Skipper Horton Park, Project#C1000970, Greenport, NY The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assiens,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as inay be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to tile Owner,for the faithful performance of such Contract and for the prompt payment of labor and material funlished in the prosecution thereof.or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlbrnl(lie work covered by said bid,then this obligation shall be null and void,otherwise to remain in full lorce and ell'ect.The Surely hereby waives any notice of mn agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver ol'nolice by the Sorely shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time lbr acceplance of bids speclfled in the bid dOCllllletllti;and the Owner and Contractor shall obtain the Surety?s consent for all extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond sllall be deemed to be Subcontractor and the term Owner shall be dccnied to be Contractor. When this Bond has been litntished to comply with a statutory or other legal requirement in the location ofthe project.any provision in this Bond conflicting%with said stat ulory or legal requirement shall be deemed deleted herelrom and provisions conibrnling to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond sllall be construed as a statutory bond and not as a common law bond. Sighed and s t l 30th day of July, 2021. P.S.L. Industries, Inc !Principal) (Seal) (ll r s) By. United States Fire Insurance Company GSure (Seal) 0—h L"��u'J (Title)Deborah L Severin,Attorney-in-Fact S-0054/AS 8150 44t ACKNOWLEDGMENT OF PRINCIPAL IF A CORPORATION STATE OF New York } COUNTY OF Nassau } ss: On this 30 day of July, 20 21, before me personally appeared Robert M. Cembrook to me known, who, being by me duly sworn,did depose and say that he/she resides at 640 6th Street, Ronkonkoma, NY 11779,that he/she is the President of P.S.L.Industries, Inc. the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. pOIANNE CA.LLP'HAN Notary Puft S 0 Plev York 0°ICA602444,4 Notary Public In SUFc(J-K Com! .� �� 10, �,rdSa!on E --- � ACKNOWLEDGMENT OF SURETY STATE OF NEW YORK } COUNTY OF NASSAU On July 30, 2021 before me personally came Deborah L.Severin to me known who, being by me duly sworn,did depose and say that he/she resides at 255 Executive Drive, Plainview, New York 11803,that he/she is the Attorney-In-Fact of United States Fire Insurance Company the corporation described in and which executed the foregoing instrument; and that he/she signed his/her name thereto by order of the Board of Directors of said corporation. ROANRIEI La�,Niew Yore agot&ry Public,S4ste No.01 CA602444A Notary Public ()ue,iMed In SUFFOLK 0Q '! POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 00635402721 KNOW ALL HIEN BY THESE PRESENTS-That United States Fire insurance Company,a corporation duly organized and existing under the laws ofthe state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint Rosanne Callahan,Janice R.Fiseina,Robert Finnell,Peter Henry,Jennifer Laura Johnston-Ogeka,Fern Perry,Deborah L.Severin each, its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties not exceeding Seven Million,Five Hundred Thousand Dollars($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated This Power of Attorney revokes all previous Powers ofAttorney issued on behalf of the Attomeys-In-Fact named above and expires on January 31,2022. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice-President, any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents whatsoever in connection with its business including,without limiting the foregoing,any bonds,guarantees,undertakings,recognizances,powers of attomey or revocations of any powers of attorney,stipulations,policies of insurance,deeds,leases,mortgages,releases,satisfactions and agency agreements; (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation Article III,Officers,Section 3.11,Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,guarantees,undertakings, recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition,if and as authorized by the Board of Directors,dividend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 22n'day of August 2019. UNITED STATES FIRE INSURANCE COMPANY Anthony R.Slimowicz,President State of Pennsylvania } County of Philadelphia} On this 22°d day of August 2019,before me,a Notary public of the State of Pennsylvania,came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. Commonwealth of Pennsylvania—Notary Seal Tamara Watkins,Notary Public Philadelphia County Tamara Watkins (Notary Public) My commission expires August 22,2023 Commission number 1348843 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power ofAttorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked ' IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the day of 20 UNITED STATES FIRE INSURANCE COMPANY JUL 3 02011 Al Wright,Senior Vice President L- �y UNITED STATES FIRE INSURANCE COMPANY 1209 ORANGE STREET.WILMINGTON.DELAWARE 19801 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2020 ASSETS Bonds(Amortized Value).......................__................ ............................................. 1,271.745,314 Preferred Stocks(Market Value).............................................................................. 12,500000 Common Stacks(Market Value)..................................................................................---- 1.367,179,277 Mortgage Loans(Market Value)_.........................................................................- 329.482.676 Cash,Cash Equivalents,and Short Tenn Investments..........__........................................ .._, 872,418,743 Derivatives......................................................................._,.......................................... 22?95,392 OtherInvested Assets.................................................................................................... 381,854.569 Investment Income Due and Accrued»................................................................................ 10,633,412 Premiums and Considerations.......................................................................................... 361,050,764 Amounts Recoverable from Reinsurers................................................................................ 37,752,224 Funds Held by or Deposited with Reinsured Companies....._...................................................... 9,551,031 ,Curren laconic Taxes Recoverable_... .. ..._..._._................................I............I............., ... 99,753 Net Deferred Tax Asset..... ........ ....... ......,,....,....,.,.,,...,...,.,................, ....... 189,212,579 Electronic Data Processing EgWpmcnL...........,.,.................................... ...-,........_...........-., 2.976,676 Receivables from Parent,Subsidiaries and Af iliours............................................................... 66.045,263 OtherAssets.........................................................................................................._ 83,625,922 TOTAL.ASSETS..................................—,.......I............I...... S 4,81+ 8,423,595 LIABI1.1717IES,SURPLUS do OTHER FUNDS Lases(Reported l osaea Net of Rebutirartoe Ceded turd Ia{erred Shit Not Repdtted Lanes).....................................,.................................................--..... 1.773.113.441 ttr:.semi,,..Pay,bie ria Paid Losses acrd lass AdImir eat Expenses.................................... 96.184,770 Lim A4149mat Prpen—......................................................................^......•..........__: 379,712,166 Other argt3............................ 10.938.946 Comraissitres Payable,Coatioged Ccaroissioii nd her Similar Ch •_... OdwYE'verses(1wktdinzTuas.Lkeosesand Fees)................................._..- ........... 74,050,735 Taus.Lkcnscs and Fees(Excluding Pedend t2cft"Txwo..................................................., 19,112,482 Urieursod P=0kML.....................................................•....,........,................................. 711,160.035 Advance Pterin..... .... ..............................................n-........,-.....,..........._........ 10,524,196 Ceded Reinsurance Prwnimm Plyabte...................................................................... 39,739,814 Funds Held by Company under Reinsurance Treaties.................................. ...........•...........- 27,831,610 Amounts Withheld by Company for Account of Others......................... ................................ 111.982.736 Provision for Reinsurance.............................................. II...................,... ................— 1.603.526 Payable to Parent,Subsidiaries and Affiliates......................................................................... 11.258.344 OtherLiabilities.................................................................... ............................ 3'_)706,0U TOTALLIABILITIES............................,................,......___.................. S 3799.918,869 CommonCapital Stock............................................................---••• •........................... 18,780.000 Gross Paid In and Contributed Surplus.......................................................................... 1.657.074.940 Unassigned Funds(Surplus)........................................••••..__-------- •-----........__.. (157,350214) Surplus as Regards Policyholders......................................�__.._................. 1,518504.726 TOTAL LIABILTIIES,SURPLUS do OTHER FUNDS....................................... S 4,818,423,595 1.Carmine Scaglione,Senior Vice President and Controller of UNITED STATES FIRE INSURANCE COMPANY,certify that the foregoing is a fair statement of Assets,Liabilities.Surplus and Other Funds of this Company,at the close of business,December 31,2020,as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of Delaware. C':L.- - C&(__ IN TESTIMONY WHEREOF,I have set my hand and affixed the seal of the Company,this 8th day of Manch,2021 UNITED STATES FIRE INSURANCE COMPANY y -E 1A DOcumentA310TI1 — 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Construction ConsultantslL I.Inc. of business) ADDITIONS AND DELETIONS: '36 East 2nd Street Hudson Insurance Company The author of this document has -Riverhead,NY•11901 100 William Street,5th Floor - New York,NY 10038 added information needed for its OWNER - completion.The author may also have revised the text of the original (Ngme,leggl.vatus an4aadress) AIA standard form.An Additions and ''Town of Southold Deletions Report that notes added 53095 Main,Road ; .' information as well as revisions to `,Squthold;NY 11971• the standard form text is available BOND AMOUNT:$,Five Percent of Bid Amount from the author and should be reviewed.A vertical line In the left PROJECT: margin of this document indicates (Name,'location or„address, and Project number,if any) where the author has added Moores Daylighting Project at Skipper Horton Park necessary information and where the author has added to or deleted from the original AIA text. 'The,Contractor and.Surety are bound to the Owner in the amount set forth above,for the This document has important legal payment;ofwhichythe,Gontractor and Surety bind themconsequences.Consultation with anselves,their heirs,executors, attorney is encouraged with respect administrators,successors anj-assigns,jointly and severally,as provided herein.The to its completion or modification, conditions of this Bond are such that if the Owner accepts the bid of the Contractor within fhe time,siiecifiedj-the bid documents,or within such time period as may be Any singular reference to agreed to by the Owner and.Contractor,and the Contractor either(1)enters into a Contractor,Surety,Owner or other contract with the Owner in accordance with the terms of such bid,and gives such bond or party shall be considered plural bonds as may be'specif ed in the bidding or Contract Documents,with a surety admitted where applicable. in the jurisdiction of the Project,and otherwise acceptable to the Owner,for the faithful - performance ofsuch Contract and`for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount,of this Bond,between the amount specified in said bid and such larger amount for which the Owner may,in:jood,fiiifi 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.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty •`(60)days. Ifthis Bond'is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. AIA Document A310TM—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA ImL bocument is protected by U.S.Copyright Law and International Treaties,Unauthorized reproductlon or distribution of this AIA°'Document,or any portion of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.' User Notes: (877099080) 5th Signed and sealed this day of August,2021. ' Construction Consultants/L.I Inc - (Principal) (Seal) Lk4c�lZ Witness) (Title) Hudson Isura ice Company ' • (Surety , (Seal) fitness) .Ja JTMattdon (Title) Lisa Nosal,Atty-In-Fact Inst. AIA Document A310 TO—2010.Copyright®1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This Ale Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any 2 portion of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. . t User Notes: - (877099080) Hudson Insurance Company 100 William Street, 5th Floor New York, NY 10038 CONSENT OF SURETY T0: Town of Southold Re: Contractor Name: Construction Consultants/L.I. Inc. Project Description: Moores Daylighting Project at Skipper Horton Park The Hudson Insurance Company, a corporation organized under the laws of the State of Delaware and authorized to do business in the State of New York hereby agrees that in the event Contractor is the successful bidder for: Moores Daylighting Project at Skipper Horton Park And is awarded the contract, it, as surety, will provide the contractor with bonds in such sums as are required in the advertisement or in the specifications. Signed: son Insurance Company August 5, 2021 Surety Lisa Nosal,Atty-In-Fact Date CORPORATE ACKNOWLEDGMENTS State of ` � ) County of ) On the 5th day of August in the year 2021 , before me personally came J� to me known,who, being by me duly sworn, did depose and say that (s)he reside(s) in W1,yo))P that (s)he is the Pn P "14 a IN±� of Construction Consultants/L.I. Inc. , the corporation described in and which executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by authority of the board of directors of said corporation, and that(s)he signed her/his name thereto by like authority. T. otary blic SUSAN J% Y®UN� Notarypublic,state of New York 01Y06209293 i Qualified in Suffolk county Term Expires: 7/27/20 ACKNOWLEDGEMENT OF SURETY State of New Jersey ] I-ss County of Passaic ] On August 5, 2021, before me personally came Lisa Nosal to me known,who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Hudson Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, and that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My Commission expires: (7��+VA�� N tary Public JAMI A. MATTSON Notary Public.State of New Jorsey My Commission Expires July 17,2025 ' HUDSON BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware,with offices at 100 William Street,New York,New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Robert Culnen,Pamela Boyle,Lisa Nosal,Stephanie Foy of the State of New Jersey its true and lawful Attomey(s)-in-Fact,at New York City in the State of New York,each of them alone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes. Such bid bonds,when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized,on this 17th day of December ,20 17 at New York,New York. (Corporate sear t '1 HUDSON INSURANCE COMPANY< Attest............................. ......`........ By......... . . .. .. . ...�._.....l................. Dina Daskalakis,Corporate Secretary Michael P.Cifone,Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 17th_day of December J 20 17 before me personally came Micha l P.Cif tine to me known,who being by me duly swom did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the Com iany described herein and which executed the above instrument, that he knows the seal of said Company,that the seal affixed to said instrument is the corporate seal&said Company;l at it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order. 1 1 vn rr►rpr4v .. ......... ...... ....... . ....... ........... .. ...... . . .. ��• ,�M• M(lJQ� ANN M.MURP Y �� Notary Public,State (Notarial Seal) FNct�Y �0.TA .• 'SNo.OlMU6067553 �% Qualified in Nassau County Commission Expires December 10,2021 CERTIFICATION STATE OF NEW YORKy T COUNTY OF NEW YORK 0' F IVES The undersigned Dina Daskalak%itrerob!y ertifies. THAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27d,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attomeys-in-fact,for the purpose of carrying on this Company's surety business,and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,we and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Company this 5th day of i ugu t 20 21 (Corporate seal) �'�:. _...... .� Dina Daskalakis,Corporate Secretary 4' HUDSON INSURANCE COMPANY SHORT FORM FINANCIAL STATEMENT AS OF DECEMBER 31,2020 ASSETS Bonds $ 249,170,810 Real estate 0 Mortgage Loans on Real Estate 66,540,675 Cash on hand and on deposit 228,642,006 Reinsurance Receivable 461,626,592 FIT recoverable(including net deferred tax asset) 17,977,531 Aggregate write-ins for other than invested assets 367,448,414 Deferred premiums,agents' balances and installments booked but deferred and not yet due(including earned but unbilled premiums) 87,588,790 Stocks 252,247,411 Other Assets 85,543,440 Total Assets $ 1.816.785.669 LIABILITIES&SURPLUS Losses $ 261,072,137 Loss adjustment expense 28,994,118 Other expenses 29,151,202 Unearned Premiums 122,362,433 Ceded reinsurance premiums payable 736,644,510 Payable to parent,subsidiaries and affiliates 14,980,653 Commissions payable,contingent commissions and other similar charges 26,855,804 Other Liabilities 127,751,926 Total Liabilities $ 1,347,812,783 Preferred and Common capital stock $ 7,500,238 Gross paid in and contributed surplus 293,480,097 Unassigned funds(surplus) 167,992,551 Surplus as regards policyholders $ 468,972,886 Total Liabilities and Surplus $ 1.816,785.669 STATE OF NEW YORK ) ss. COUNTY OF NEW YORK ) I,the undersigned Controller of Hudson Insurance Company hereby certify the foregoing to be a short form financial statement to the form of a balance sheet,showing the Company's assets and liabilities on a provisional basis,at the close of business on December 31,2020. ""'�W"fF4TIMONY WI-IEREOF,I have set my hand and affixed the seal of the Company,this 24th day of March ,2021. GO �I �OTAR�,'� '- Keith Brennan A G _ Controller UBL� �j�AeLrid sworn to before me this 24th day of March ,2021. '1,+j� g� ld6mission expires CAMERON GOURL tdotary public. Stale of New 'at Qualified 01 06372305 brnralifie rt New 1'a k COuntq Expires June 4,202L> si - Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 Bid Bond CONTRACTOR: SURETY: (NImnne,legal siattcs and address) (Marne,legal statin mid principal place r f huriness) G&M Earth Moving,Inc. Travelers Casualty and Surety Company of America One Tower Square Hartford,CT 06183 This document has Important 345 Ellsworth Street legal consequences.Consultation Mailing Address for Notices with an attorney is encouraged Holbrook,NY 11741 One Tower Square with respect to its completion or OWNER: Hartford,CT 06183 modification. (, ante,legal status and address) Any singular reference to Town of Southold Contractor,Surety,Owner or 53095 Main Road other party shall be considered pluralwhere applicable. Southold,NY 11971 BOND AMOUNT' $Five Percent Of The Total Amount Bid(5%) PROJECT: (,fame,location oraddresa andl'rojectttratrber,ifmry) Moores Drain Daylighting Project at Skipper Horton Park The Contractor and Surety are bound to the Owner in the amount set forth above.for the payment of which the Contractor and Surety bind themselves.their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.Tho conditions of this Bond arc such that if the Onmer accepts the bid of the Contractor«ithin the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the tens of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the!'reject and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof:or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to peribmi the wort:covered by said bid,then this obligation shall be null and void,otherwise to remain in lull force and effect.The Surety hereby waives any notice ol'an agreement between the Ower and Contractor to extend the time in which the Owner may accept the bid.Waiver ornolice by the Surely shall not apply to any extension exceedingsixty(60)days in the aggregate beyond the time liar acceptance of bids specified in the bid documents,and the 0,wner and Contractor shall obtain the Surelys consent lir an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tern.Contractor in this Bond shall be deemed to be Subcontractor and the tent.Onmer shall be deemed to be Contractor. When this Bond has been ticrnisbed to comply with a statutory or other legal requirement in the location ol'the project any provision in this i3ondcontlicting with said statutory or legal requirement shall be deemed deleted herefiom and provisions conibrn.ing to such statutory or other legal requirement shall be deemed incorporated herein.When so fumished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and scaled this 5th day of August,2021 G&M Earth Moving, Inc. (Principal) (Seal) .,rte Travelers Casualty and Surety Company of America (Sire,}} (Il7nne. ndy S.James-Browne 2 (rile)Mansol Mojica Attorney-In-Fact S-00541AS 8110 ACKNOWLEDGEMENT OF CONTRACTOR- IF A CORPORATION STATE OF O COUNTY OF ON THE 5th DAY OF August,2021 BEFORE ME PERSONALLY APPEARED TO 13� KNO N, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE �P SSC' _ OF G & M Earth Moving, Inc. THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. S!m" a MICHELLE JAWS Notary Public NOTARY PUBLIC,STATE OF NEW YORK RegishasiooNo OIJA6089317 Qualified m Suffolk County Commission EVues March 24,2023 ` ACKNOWLEDGEMENT OF SURETY COMPANY STATE OF New Jersey COUNTY OF Moms ON THE 5th DAY OF August,2021 BEFORE ME PERSONALLY APPEARED Marisol Moiica TO ME KNOWN,WHO BEING BY ME DULY SWORN, DID DEPOSE AND SAY; THAT (S)HE IS THE ATTORNEY-IN-FACT OF Travelers Casualty and Surety Company of America, THE CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT,AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL, AT MY OFFICE IN THE ABOVE COUNTY,THE DAY AND YEAR WRITTEN ABOVE. n Notary Public William A Drayton Jt. Notary Public State of New Jersey My ammission expires April 9.2026 --y Travelers Casualty and Surety Company of America a Travelers Casualty and Surety Company TRAVELERS J St:.Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein -collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Marisol Mojica of WHIPPANY , New Jersey , their true and lawful Attorney(s}in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. 4 State of Connecticut zo" By, 'Agog� City of Hartford ss. Robert L.Ran enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. N07AAY tS My Commission expires the 30th day of June,2026 .#► j p1161» Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,reoognizances,contracts of Indemnity,and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 5th day of August , 2021 Twp qJ*Tt aroo e` y lfa1E f, Hughes,AssXtant Secretary To verify the aufhen#city of this Power ofAttomey,please tail as at1-800-421 3880. Please refer to the above named Attorneys)-in-Fad and the details of the bond to which this PowerofAttomey is attached. i TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , HARTFORD,CONNECTICUT 06183 FINANCIAL STATEMENT AS OF DECEMBER 31,2020 I CAPITAL STOCK$6,480.00D I CASH AND INVESTED CASH $ 239,403,348 UNEARNED PREMIUMS $ 1,121,070,380 BONDS 3,831,156,861 LOSSES 1,003,20006 STOCKS 109,074,035 LOSS ADJUSTMENT EXPENSES 163,346,678 INVESTMENT INCOME DUE AND ACCRUED 36,856,709 COMMISSIONS 48,805,693 OTHER INVESTED ASSETS 4,970,512 TAXES,LICENSES AND FEES 13,561,421 PREMIUM BALANCES 277,653,788 OTHER EXPENSES 42,508,558 NET DEFERRED TAX ASSET 55,188,715 CURRENT FEDERAL AND FOREIGN INCOME TAXES 4,865,484 REINSURANCE RECOVERABLE 32,553,518 REMITTANCES AND ITEMS NOT ALLOCATED 8,646,391 RECEIVABLES FROM PARENT,SUBSIDIARIES AND AFFILIATES 34,876,347 AMOUNTS WITHHELD 1 RETAINED BY COMPANY FOR OTHERS 42,228,250 OTHER ASSETS 4,155,704 POLICYHOLDER DIVIDENDS 12,353,304 PROVISION FOR REINSURANCE 7,930,280 ADVANCE PREMIUM 1,857,512 CEDED REINSURANCE NET PREMIUMS PAYABLE 63,102,972 RETROACTIVE REINSURANCE RESERVE ASSUMED 800,763 i OTHER ACCRUED EXPENSES AND LIABILITIES 586,668 TOTAL LIABILITIES2 , 5 , 2 I CAPITAL STOCK $6,480,00D PAID IN SURPLUS 433,803,760 OTHER SURPLUS 1,650,750,847 TOTAL SURPLUS TO POLICYHOLDERS --127, 9-1,034.607 TOTAL ASSETS rTCZTW,92T TOTAL LIABILITIES A SURPLUS I STATE OF CONNECTICUT ) COUNTY OF HARTFORD )8S. CITY OF HARTFORD ) MICHAEL J.DOODY,BEING DULY SWORN,SAYS THAT HE IS VICE PRESIDENT-FINANCE,OF TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF,THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 31ST DAY OF DECEMBER.2020. 1 i VICE PRS _vmt5W I x ' SUBSCRIBED AND SWORN TO BEFORE ME THIS 26TH DAY OF MARCH,2021 SUSAN Ni.WEISSLEDER Notmy Public b1},Canmission Expires November 30,2022 =u) k s 1 Bond No.: ORIPA22 Bid Bond CONTRACTOR: SURETY: ame,le al status and address) (Name,legal status and principal place of business) xcav Services Inc. Old Republic Insurance Company P.O. Box 82 445 S. Moorland Road Suite 200 This document has important legal Manorville, NY 11949 Brookfield, WI 53005 consequences.Consultation with an attorney is encouraged with OWNER: respect to its completion or ame,legal status and address) modification. own of Southold 53095 Main Road Any singular reference to Contractor,Surety,Owner or Southold NY 11971 other party shall be considered BOND AMOUNT: I lural where applicable. ***FIVE PERCENT OF AMOUNT BID ***(5%) PROJECT: (Name,locationor address,and Pro ect number,i an Moores Drain Daylighting Projeet at 11 peer Horton Park Project Number,if any: Greenport, New York The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a-contract with-the Owner-in-accordance with the terms of such - bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material famished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner 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.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed inc rporated herei en so furnished,the intent is that this Bond shall be construed as a statutory bond and not a a common bond. ASignedsled h day of August 2021 Excav Services Inc. (Pnneapal) (Seal) (Title) Old ReDubfia Insurance Coma (Suri ) � (Seal) 41)(Witness) Y—)-) o Witness to Surety, Kristin L. Allen —_ L�FtItLy-in-fact, Bruce M.Allen By arrangement with the American Institute of Architects, the National Association of Surety Bond 1 _ Producers(NASBP)(www.nasbp.org)makes this form document available to its members,afflial, and t associates in Microsoft Word format for use in the regular course of surety business.NASBP vouc-bes that the original text of this document conforms exactly to the text in AIA Document A310-2010,Bid Bond. Subsequent modifications may be made to the onginal text of this document by users,so careful review of its wording and consultation with an attorney are encouraged before its completion,execution or acceptance. T l� OLD REPUBLIC INSURANCE COMPANY OF MT.PLEASANT,PENNSYLVANIA STATUTORY FINANCIAL STATEMENT AS OF DECEMBER 31,2020 ADMITTED ASSETS Bonds $1,812,061,905 Common stocks 754,073,091 Cash,cash equivalents and short-term investments 120,480,692 Bonds,short-term Investments and cash held under retrospective rating agreements 30,128,491 Premiums and considerations—uncollected premiums and agents'balances in the course of collection 364,550,945 Deferred premiums,agents'balances and installments booked but deferred and not yet due 6,072,420 Accrued retrospective premiums 427,106 Funds held by or deposited with reinsured companies 569,034 Other amounts receivable under reinsurance contracts 696,265 Amounts recoverable from reinsurers 63,668,406 Electronic data processing equipment and software 216,577 Investment income due and accrued 16,677,557 Receivables from parent,subsidiaries and affiliates 9,635,548 Other assets 6,388,963 TOTAL ADMITTED ASSETS $3,185,646,999 LIABILITIES AND SURPLUS Losses $881,402,375 Reinsurance payable on paid losses and loss adjustment expenses 10,833,823 Loss adjustment expenses 169,246,286 Commissions payable,contingent commissions and other simliar charges 6,966,195 Other expenses(excluding taxes,licenses and fees)- -- - 21,565,624 Taxes,licenses and fees(excluding federal income taxes) 71,692,142 Current federal Income taxes 4,263,385 Net deferred tax liability 6,215,472 Unearned premiums 315,918,061 Dividends declared and unpaid-policyholders 147,614 Advance premium 492,897 Ceded reinsurance premiums payable(net of ceding commissions) 217,684,554 Funds held by company under reinsurance treaties 99,267,947 Amounts withheld or retained by company for account of others 38,963,460 Remittances and items not allocated 29,403,261 Provision for reinsurance 22,966,723 Payable to parent,subsidiaries and affiliates 63,129,510 Other liabilities 3,288,237 TOTAL LIABILITIES 5 Common capital stock 3,800,004 Surplus notes 155,000,000 Gross paid in and contributed surplus 103,869,422 Unassigned funds(surplus) 959,530,007 SURPLUS AS REGARDS POLICYHOLDERS TOTAL LIABILITIES AND SURPLUS $3,185,646,999 Securities carried at$367,151,205 are deposited with States or Other Authorities as required by law. STATE OF WISCONSIN ) )SS COUNTY OF WAUKESHA) Alan P.Pavlic,Vice President,and Karen J.Haffner,Vice President of Old Republic Insurance Company of Mt Pleasant,Pennsylvania being duly sworn,each for himself,deposes and says that they are the above described officers of the said company,and that on the 31st day of December,2020, the company was actually possessed of the assets set forth In the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of Its policyholders and creditors,except as here-in-before Indicated,and that the foregoing statement Is a correct exhibit of such assets and liabilities of the said company on the 31st day of December,2020,according to the best of their Information,knowledge and belief,respectively. Can T Tutic Alan P.Pavlic,Vice President ,�k it 4l- fCC Karen J.Haffner,Vice PWident Sworn t and su scribed before me this 15th day of March,2021. Notary Public,State of Wisconsin �k- �} My Commission expires: July 31,2023 �� ,� � * OLD REPUBLIC INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC INSURANCE COMPANY,a Pennsylvania stock Insurance corporation,does make, constitute and appoint: BRUCE M ALLEN,GREGORY M ALLEN,KENNETH C TURNER of WEST CHESTER,PA its true and lawful Attorney(s)-in-Fact,with full power and authority for and on behalf of the Company as surety,to execute and deliver and affix the seal of the Company thereto(if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than self-insurance workers compensation bonds guaranteeing payment of benefits,asbestos abatement contract bonds,waste management bonds, hazardous waste remediation bonds or black lung bonds),as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.This appointment Is made under and by authority of the board of directors at a meeting held on December 10,2019.This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC INSURANCE COMPANY on December 10,2019. RESOLVED FURTHER, that the chairman, president or any vice president of the Company's surety division, in conjunction with the secretary or any assistant secretary of the Company, be and hereby are authorized and directed to execute and deliver, to such persons as such officers of the Company may deem appropriate, Powers of Attorney In the form presented to and attached to the minutes of this meeting,authorizing such persons to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, other than bad bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and not guaranty bonds.The said officers may revoke any Power of Attorney previously granted to any such person. RESOLVED FURTHER that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company (I) when signed by chairmen,president or anyvlce president of the Company's surety division and attested and sealed (ifa seal be required) by any secretary or assistant secretary;or (fl) when signed by a duly authorized Attorney-in-Fact and sealed with the seal of the Company(if a seal be required). RESOLVED FURTHER, that the signature of any officer designated above, and the seal of the Company, may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC INSURANCE COMPANY has caused these presents to be signed by Its proper officer,and its corporate seal to be affixed this 21 St day of May 2020 OLD REPUBLIC SU C E COMPANY try, Asslsta ecretary Vice President STATE OF WISCONSIN,COUNTY OF WAUKESHA-SSS On this 21St day of May 2020 personally came before me, Alan Pavlic and Sheila M. Applegate ,to me known to be the individuals and officers of the OLD REPUBLIC INSURANCE COMPANY who executed the above Instrument,and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid,and that the seal affixed to the above Instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said Instrument by the authority of the board of directors of said organization. 'OK�J��°' Notary Public •~O„•NI�SG� My Commission Expires- September 28, 2022 CERTIFICATE (Expiration of notary's commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC INSURANCE COMPANY, a Pennsylvania corporation, CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney,are now in force. u,niu,U Ip„i �un4 SFAI. % Signed and sealed at the City of Brookfield,WI this 5th day of AUGUSt` 2021 66-0033 �e,Q�Msn�r`4d` i� ORSC 11008(6-93) '"t°""`"�'�� Assistant ecretary Bond No.: ORIPA22 (Acknowledgement of Surety Company) STATE OF Pennsylvania) ) ss.. COUNTY OF Chester) On this 5th day of August, 2021, before me personally came Bruce M. Allen to me Known, who being by me duly sworn, did depose and say the he resides in West Chester, PA that he is the Attorney-in-fact of Old Republic Insurance Company, the corporation described in and which executed the within instrument; that he Bruce M. Allen knows the seal of said corporation; that seal affixed to said instrument is such corporate seal;that is so affixed by the order of the Board of Directors of said corporation, and that he signed his name thereto by like order; and that the liabilities of said company do not exceed its assets as ascertained in the manner provided by the laws of the State of New York, and the said Kristin L. Allen further said that she is acquainted with Bruce M. Allen and knows him to be the Attorney-in-fact of said company; that the signature of the said Bruce M. Allen subscribed to the within instrument is in the genuine handwriting of the said Bruce M. Allen and was subscribed thereto by like order of the Board of Directors, and in the presence of him, the said. NOTARY PUBLIC OF Pennsylvania_ Commission Expires 7/24/2022 Kristin L. Allen, Notary Public Commonwealth of Pennsylvania-.Notary Seat KRISTIN L.ALLEN,Notary Public Chester County my Commission Expires July 24,2022 Commission Number 1284814 05c71436-e574=4a23-af93-5626d22bg90b lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of Suffolk, The undersigned is the authorized designee of Andrew Olsen,the publisher of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York. I certify that the public notice, a printed copy of which is attached hereto,was printed and published In this newspaper on the following dates: July 15,2021 This newspaper has been designated by the County Cierk of Suffolk County,as a newspaper of record in this county,and as such, is eligible to publish such notices. Signature Eliot T. Putnam Printed Name Subscribed and sworn to before me, This 19 day of July 2021 otary Signa re AS E Q .' • STAT 9 � OF NEW l'ORl{'. NOTARY PUBLIC ALBANY Notary Public Stamp n0•, 01ROP9443 '\yo 169 05c71436-e574-4a23-af93-5616d22b890b lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICENOTICE TO BIDDERS INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "MOORES DRAIN DAYLIGHTING PROJECT AT SKIPPER HORTON PARK" Definite specifications may be obtained at the Southold Town Clerk's Office beginning July 15, 2021 PLACE OF OPENINGS: Town Clerk's Office53095 Main Rd,Southold, NY DATE/TIME OF OPENINGS:August 5,2021 at 2:00 pm CONTACT PERSON: Michael Collins, P.E.Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME&ADDRESS OF BIDDER2) 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:OOAM on July 22,2021 at the site located at 72250 Main Road(NYS Route 25)in Greenport,New York.The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process.Dated: June 29, 2021 Elizabeth A. Neville Southold Town Clerk 170 SCOTT A. RUSSELL Tr-��4g��F�T(�-��. MICHAEL M. .E. ,o ��y� COLLINS,, SUPERVISOR 4 TOWN ENGINEER TOWN HALL - 53095 MAIN ROAD CFO A 1 TOWN OF SOUTHOLD,NEW YORK 11971 Tel. (631)-765—1560Q Fax. (631)-765-9015 O ty MICHAEL.COLLINSuTOWN.SOUTHOLD.NY.IIS OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: August 2, 2021 Page 1 of 2 PROJECT: Invitation to Bid- MOORES DRAIN DAYLIGHTING PROJECT AT SKIPPER HORTON PARK Greenport, Town of Southold Suffolk County, New York Attention Bidders: The pre-bid meeting was held on July 22,2021. Since that meeting,we have received one inquiry by e-mail requesting additional information on this project. The following information is provided in response to questions contained in the e-mail. Information provided as part of this addendum supersedes any conflicting information provided in the Bid Documents and shall be incorporated into the Bid Documents for the above referenced project: • Do you have a full set of plans, the one in the bid package or off because the plans are reduced? - The winning bidder will be provided will two sets of full size plans prior to the start of construction. • The existing elevations at both ends of the new bridge to be recorded, then set new bridge to them? - The intent is to locate a reasonable final bridge elevation based on existing grades and to anchor a bench mark slightly elevated from the surrounding grade. The actual bridge thickness will need to be verified to align with new work to provide a level transition from the top of the bridge deck to the top of concrete. • Is there truck access to the west side for the paving,grading, topsoil placement and concrete removal? - There is an existing asphalt walkway that can be used by smaller vehicles and equipment as approved by the Town. The Contractor must be aware that ten wheel dump trucks will not fit on this portion of the site. Any and all damage to the access will be fixed by the Contractor at no additional expense. • Pavement section says stone blend. Will RCA base be an acceptable alternative? - RCA can be substituted as a base material provided that only NYSDOT specification RCA is utilized. ,f ti i ADDENDUM NUMBER 001: August 2, 2021 Page 2 of 2 • Concrete abutment to be set on 3,000 psf soil, will existing soil make 3,000 psf? - Provided that no mud or bog material is encountered,the existing soils should meet this requirement. If, upon excavation,the Town determines that the existing soil is insufficient to bear this load, over-excavation of the area and the use of structural backfill will be authorized as a Change Order to the original contract. • 12"diameter concrete footing, need length, no steel reinforcement? Does the headwall site on top of them/or incorporated into headwall? - Detail"A"on Drawing A-1 shows reinforcement within the 12"diameter sections going down to a minimum of 3 feet and the top 24"of the detail will continue horizontally with its reinforcement as shown over the entire width of the structure. It is intended that the reinforcement will extend from the 12" diameter footings up and into what essentially is Detail Section`B"of Drawing A-1. • The concrete over the footings, how big is that 12"x 3'x? - See Detail Section"A"on Drawing A-1. • The I shaped top section will span between the footings and the lower section? - The footings reinforcement shown on Detail Section"A"line up with the reinforcement shown in Detail Section"B". When completed, each of the abutments should be one solid structure. • The anchor bolts get set in the I shaped top section. Do the bearing plates come with the bridge? If not, what size will they be? The bearing plates will be provided by the bridge supplier. The size of the bearing plate will depend on the shape of the bridge girder rail and what shape it will have at the bottom of the new structure. The intent is to provide a bearing plate that will hold the bridge in place. Sincerely, Michael M. Collins, P.E. Town Engineer TOWN OF SOUTHOLD MOORES DRAIN DAYLIGHTING PROJECT AT SKIPPER HORTON PARK ..CONSTRUCTION SPECIFICATIONS SOUTHOLD, SUFFOLK COUNTY,NEW YORK A Prepared By: TOWN OF SOUTHOLD Engineering Department 53095 Main Road Southold,New York 11971 Judy 15, 2021 (631) 765-1560 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: "MOORES DRAIN DAYLIGHTING PROJECT AT SKIPPER HORTON PARK" Definite specifications may be obtained at the Southold Town Clerk's Office beginning July 15, 2021 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD August 5,2021 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME 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 IO:OOAM on July 22, 2021 at the site located at 72250 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Funding was provided through the Department of State Office of Planning, Development, and Community Infrastructure under Title l ] of the Environmental Protection Fund Local Waterfront Revitalization Program. TABLE OF CONTENTS TOWN OF SOUTHOLD MOORES DRAIN DAYLIGHITNG PROJECT AT SKIPPER HORTON PARK Title Page ------ Invitation to Bid ------ Table of Contents ------ Instructions to Bidders I13-1 thru I13-6 Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thio CC-18 Proposal Form Package Pages 1 —9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 NYS Wage Rates ------ Technical Specifications Divisions 1 —3 Contract Drawings NYSDEC Tidal Wetlands Permit Contract#C1000970 Form B —Staffing Plan Proposal Review Sheet INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form,Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. SeeuFity fai:Faidifule-rf Emote e€ 9. Bid Reservations 10. Non-Collusive Statement 11. Addenda and Interpretations 12. Method of Award 13. Single Price Bid Analysis 14. Municipal Exempt Status 15. Labor Law 16. Wage Rates 17. Insurance Required by the Town of Southold 18. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided for the Moores Drain Daylighting Project at Skipper Horton Park at 72250 Main Road (NYS Route 25) in Greenport, 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,August 5th, 2021, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.Faxed bids will not be accepted. 2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner- and the successful bidder; the certified check or bid bond of the successful bidder will be retained until filing and appfeval of the Peffefmanee T2,,,,,-1 and until the completion of ten percent(10%) of the work under the Contract. 113 -2 INSTRUCTIONS TO BIDDERS (b) The successful bidder, upon his failure or refusal to execute and deliver the Contract and required within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirty days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b)The TOWN BOARD reserves the right to reject any and all bids, in whole or in part,to waive any informality in any or all bids, and to accept the bid or part,thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans or in the itemized form of bid, which are made a part of this Contract,which may alter or revise the Specifications for the particular contract. (b) No representation is made as to the existence or nonexistence of groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the 113 - 3 INSTRUCTIONS TO BIDDERS extent, cost, and character of the materials, labor, and equipment required to complete the proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgment as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE 0 of not less than one (1)yeaf aftet!the date of final aeeeptaiiee ef the Wer- The sueeessful bidder-, upen failur-e te exeeute and deliver-the bonds requir-ed withiii ten (10) day-s after-the date of notiee of > shall forfeit to the Owflef, refusal, d Mth his eaid he vAll be liable fef ejid he agf!ees to pay to the > No plea of ffiistake in sue raeeepted bid-shall be a-,zailable to the bidrlv,• f.- feeevel-yof his deposit as a defeflse t ,.t; upen aeeepted bid „lo said t L1 L. or- anyVail ve p1Vv'eil by completed,has been the bid seeut:ity aeeempaflYiiig the bid will be fetumed. IB -4 INSTRUCTIONS TO BIDDERS 9.BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 10.NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 11. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to Michael Collins, P.E. at the Town Engineering Department of Southold 53095 Main Road Southold, New York 11971 (fax) 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 12. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 13. SINGLE PRICE BID ANALYSIS Jn the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 14.MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 15. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. IB - 5 INSTRUCTIONS TO BIDDERS Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract,Paragraph 11,which are hereby referred to and made a part hereof. 16. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b) Comprehensive General Liability (c) Excess/Umbrella Insurance (d) Owner's and Contractor's Protective Liability (e) Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 18. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 STANDARD INSURANCE,REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor-shall take out and maintain during the life of this contract, such insurance as will protect both the Town and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims for property damage and for personal injury including death, which may arise fi;om operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for darnages for bodily injury including accidental death, as well as from claims for property damage which may arise fi-om operations under this contract,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $1,000,000 (one million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/vendor shall take out and maintain during the life of the project an excess/ umbrella insurance policy in an amount of not less than $2,000,000 (Two million dollars) each occurrence and aggregate. SIR- I STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: I. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of$1,000,000 (one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage CONTRACTORS PROTECTIVE LIABILITY: An OCP Policy shall be required by the Town of Southold in limits of$1,000,000 combined single limit, each occurrence, $1,000,000 General Aggregate. This insurance must fully cover the legal liability of the Contractor,NAMING THE CONTRACTOR AND TOWN OF SOU_ THOLD AS INSURED. The contractor shall furnish the Town with the original insurance policy. ADDITIONAL CONDITIONS OF INSURANCE: I. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS Description;qf operations/locations/etc`�Box must include the statement:,' "THE:T0INN OF`SOUTHOLD�I,S'LISTED ASADDITIONAL INSURED" ' CERTIFICATE°HOL-DER SHALL BE1JSTEb='§ 'ry OWN:,OFSOUTHOLD 5 5309,511AIN ROAD - . .. e -, '-SOUTHOILD `,NYf;�11971"�•'` - � r�' 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR- 3 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting,Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary nr�Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection of Land Markers, Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or-to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, , and all supplemental agreements made or to be made. CONTRACTOR: The parry 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 fiunished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC -2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work, shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be 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 thea bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name,he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first- class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work,without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s)pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) Suffolk County Fannland Committee (4) U.S.Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"to GC -4 GENERAL CONDITIONS coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Stnictures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards)with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. Aeeeptanee of the eentfaetor-'s pe4afmanee bond in lieu of the Gop,�&aeters read Opening bend 8 be at the option of the Highway Depai4mei4. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be pennitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit,the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury (including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction,both as to materials and workmanship,which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications,when requested,will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY 0F14G" TOILET: The CapA ^*^,. shall p ide an e f flee tr-a lef fef, table, and ehair-p ded inside. The Contractor shall provide and maintain a sanitary temporary toilet where directed by the Engineer. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at all times. Upon removal of the temporary outside toilet, the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear- to the Engineer as insufficient or improper for assuring the GC - 7 GENERAL CONDITIONS quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress,specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures,pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times,provide the Owners,Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor- shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their-employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner, require repairing,replacing, or rebuilding,the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour- signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights,which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed,remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours'notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary,prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation, the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to pen-nit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting ear pipes conveying combustible gas No person shall discharge explosives in the ground,nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3. Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 11. Laws and Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title to Materials 22. Superintendence by Contractor 23. Protection of Work,Persons and Property 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades,Lines,Levels, and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax CC - 1 CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgment of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended, or his,their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, finn or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed, Required, Approved,Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgment of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgment of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC-2 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid,no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: 1)By such applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor,premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional pi! i the peffefmanee bond of the GepAr-aeto and the use of small tools. 4. TIME OF ESSENCE INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will continence 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 NINETY (90) CONSECUTIVE CALENDAR DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC -3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract,the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Thousand Five Hundred ($1,500.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 - Time of Completion, provided, however,that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence,including but not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes,riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT CT CL'!-URffV Bond, > hundred per-eent 0 ) of the amotmt of the bid as seeur-ity for- the fidthful pet-fefmanee e Gentr-aet, and fef thepayffient-of all pei:sans plabor- or- filfflishing terial-s-moi eenneetieii with this Centfaet. The Per-fatfflanee Bond shall be vffitten so as to feffiaifi ifi fi &r-ee and effeet as a fflaintenanee bend fer- a period of not less than ene (1) year- aftef the date e aeeeptanee of the wedE by the Enghieen CC -4 CONDITIONS OF CONTRACT (b) Additional et! Substitute Bend: if at any time the Omqier-shall be er-beeeffle dissatisfied wi ai+y suf .. .......S, of if for- any other-r-easeii sueh bend shall eease to be adequate seetir4y tE) the Ov.znief, the Contr-aeter- shall within five (5) days after- netice f+offi the Owner- to do so-, substitiAte an aeeept le bond in sueh fefffi and sum and signed by sueh ethef sufety as may be 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or limiting the Contractor while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with the provisions of Sections 291- 299 of the Executive Law and Civil Rights Law, shall fi iish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General and the Industrial Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work, called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8)hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner,the Contractor shall furnish a list of names and addresses of all his subcontractors and farther provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932,provides that before payment is made by or on behalf of the State of any city, county,town or village or other civil division of the state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC- 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen(16)years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash or company check and not less often than once each week. CC - 7 CONDITIONS OF CONTRACT 15. ESTIMATES &PAYMENTS (a) Monthly: At the end of each calendar month during the progress of the work, the Engineer shall make an approximate estimate of the work satisfactorily done, based upon the prices set forth in the Proposal Form. In consideration of the work done, the Owner will pay or cause to be paid to the Contractor the amount estimated by the Engineer as due him less five (5)percent. The making of any such estimate or payment made thereon shall not be taken or construed as an acceptance by the Owner of any work so estimated and paid for. The five percent (5%) of the amount of the monthly estimate remaining unpaid will be retained by the Owner as a guarantee that the Contractor will faithfully and completely fulfill all obligations imposed by the Contract and Specifications, and against any damages caused the Owner by reason of any failure on the part of the Contractor to fulfill all conditions and obligations herein contained. (b) Final Estimate: One month after the completion and acceptance of the work specified and contracted for, the Engineer will make a final estimate of all the work done. Thereafter, the Owner will pay the full amount, less prior payments, less any amounts retained to complete the work according to the provisions of the Specifications, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (c) Measurement for Payment: The Engineer shall make due measurement of work done during the progress of the work and his estimate shall be final and conclusive evidence of the amounts of work performed by the Contractor under, and by virtue of, this agreement and shall be taken as full measure of compensation to be received by the Contractor. When requested by the Contractor, the Engineer shall measure, re-measure or re-estimate any portion of the work, but the expense of such re-measurement or re-estimating shall, unless material error is proved, be paid for by the Contractor. (d) No payments will be made for materials delivered to the site which have not been incorporated into the work. (e) Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury. CC - 8 CONDITIONS OF CONTRACT 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's 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 the Porf nee Bond. 17. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. The Contractor shall furnish the Engineer with periodic estimates for partial payments as required elsewhere in the Contract Documents, and in addition thereto will furnish the Engineer with a detailed estimate for final payment. Prior to being eligible to receive the final payment under this Contract, the Contractor shall furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material CC - 9 CONDITIONS OF CONTRACT respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. CC - 10 CONDITIONS OF CONTRACT 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes, traffic signals or other visible devices maintained for the use of the public. 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant,materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and 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 and location of the work, the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation,the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions,requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgment, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so governed and performed, but without exception all the work shall be governed and so performed. 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. CC - 12 CONDITIONS OF CONTRACT 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be,by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects,which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract the Peff ,..v anee Bon 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgment of the Owner, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b)To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. CC - 13 CONDITIONS OF CONTRACT 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a)The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b)A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days'notice to the Contractor, terminate the employment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work(including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated,the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed,the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP 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 by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To store his apparatus,materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse,rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c)Before final payment hereunder to remove all surplus material,temporary structures,plants of any description and debris of every nature resulting from his operations. 3S. SUITS OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the contractor, his employees or agents of any subcontractor, and in case of any such action shall be brought against the Owner, the Contractor shall immediately take charge of and defend the same at his own cost and expense. 36. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency, which threatens loss or injury to property and/or safety of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be CC - 15 CONDITIONS OF CONTRACT submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 37. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall read and be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either parry the Contract shall be forthwith be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 39. GENERAL MUNICIPAL LAW CLAUSE Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member, partner, director or officer of the Bidder, should refuse, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm,partnership, or corporation of which he is a member,partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public Department, agency or official thereof for goods, work or services for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public Department, agency or official thereof on or after the first day of July, 1959, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. CC - 16 CONDITIONS OF CONTRACT 40. GRADES,LINES,LEVELS AND SURVEYS The Engineer shall fiunish the Contractor with the basic horizontal and vertical controls from which the Contractor shall transfer and stake his lines and grades and for their accuracy. The Engineer will establish the basic horizontal and vertical controls at the start of the work, and it shall be the responsibility of the Contractor to safeguard such controls; and if, in the opinion of the Engineer, these controls are damaged or destroyed either in whole or in part, the Contractor shall pay the cost of having the damaged controls verified, checked, corrected or replaced. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature,brought or recovered against the Town of Southold by reason of any act or omission of the Contractor,his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 42. FOREIGN CONTRACTORS Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as used in this subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York. 43. LIEN LAW Attention of all persons submitting bids is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the CC - 17 CONDITIONS OF CONTRACT State or of any political subdivision thereof or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for goods,work or services, for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm,partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination,but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 45. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision (a)paragraph(L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15) and(16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision(a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the terns real property, property and land are defined in the real property tax law; provided, however,no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure,building or real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property,property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure,building or real property. Contractors entering into Contract with the Town of Southold shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus,Albany,New York, 12227. CC - 18 Town of Southold "Moores Drain Daylighting Project at Skipper Horton Park" PROPOSAL PACKAGE BID OPENS: August 5, 2021 REMINDER NOTE! ! ! : VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate,with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10)business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE --------------------------------------------------------------------------------- If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD_ FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ❑ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 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 frim has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid,under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature&Company Position DAY OF 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal LD Number Proposal Package 6 of 9 THE PROPOSAL FORM Moores Drain Daylighting Project at Skipper Horton Park VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 Moores Lane Daylighting Proiect at Skipper Horton Park 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 Daylight Moores Drain and Install Premanufactured Metal Bridge 1 1 for /LS Dollars Cents TOTAL BASE BID Items(Add All Items) Dollars Cents (Numerically) WRITTEN IN WORDS NOTE: The Town of Southold reserves the right to increase,decrease,or eliminate in its entirety any or all items prior to or after award of the bid. Proposal Packaae 8 of 9 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2021 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? . If so,note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers?If yes, please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Capacity 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Conti-act Time? 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes,when?What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) being duly sworn deposes and says that lie is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this day of ,2021 Notary Public Commission Expiration Date: QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of Two Thousand and Twenty-One by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , parry of the second part (hereinafter called Contractor). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work associated with the Moores Drain Daylighting Project at Skipper Horton Park AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), PeFfofmanee- Bend, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 i Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid I Dollars Written in Words I Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY BY Scott A. Russell, Supervisor TITLE I BY Town Attorney i (CORPORATE SEAL) l r i A-2 i i I ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) ss.: On the day of in the year 2021 before me,the undersigned, personally appeared, ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF )ss.: On the day of in the year 2021 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ wvwv.labor.ny.gov ��OF NEI{r�o F' Andrew M.Cuomo,Governor 9 �' �,� Roberta Reardon,Commissioner Town of Southold Schedule Year 2020 through 2021 Michael Collins,Town Engineer Date Requested 06/24/2021 53095 Main Road PRC# 2021006497 Southold NY 11971 Location Skipper Horton Park Project ID# Project Type Daylight Moores Drain and install premanufactured metal bridge 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 2020 through June 2021. 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.ny.gov. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and /or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed. Date Cancelled. Name &Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240 www.labor.ny gov PW 200 Ask.PWAsk@labor.ny.gov DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD MOORE'S DRAIN DAYLIGHTING AT SHIPPER HORTON PARK 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 DIVISION 1 -Page 1 of 12 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010- GENERAL SITE The site of the proposed MOORE'S DRAIN DAYLIGHTING AT SKIPPER HORTON PARK is located at 72250 Main Road (NYS Route 25) in Greenport, Town of Southold, Suffolk County,New York and more particularly shown on the Contract Plans. 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: • Removal and Disposal of the Existing Concrete Roadway • Installation of the New Prefabricated Metal Bridge • Site Restoration C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1 General Requirements 2 Site Work 3 Concrete D. The New York State Department of State must approve all contractors and sub- contractors (if applicable). The Contractor must comply with all provisions in the Contract between the New York Department of State and the Town of Southold, including all appendices. A copy of the contract is attached to this bid package. E. All contractors and sub-contractors (if applicable) must complete and submit the attached FORM B—STAFFING PLAN with their-bid. F. Proposals received by the Town will be evaluated utilizing the Proposal Review Sheet attached to this bid package. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice DIVISION 1 -Page 2 of 12 DIVISION 1 - GENERAL REQUIREMENTS being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from responsibility for deviations from the Plans or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit six(6) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility DIVISION 1 -Page 3 of 12 DIVISION 1 - GENERAL REQUIREMENTS structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES,LINES,LEVELS AND SURVEYS A. The Owner's Engineer will establish one (1) bench mark and location of the work lines as reference points for the Contractor. B. The reference points shall be maintained by the Contractor. All other required lines, levels, grades, etc., shall be furnished by the Contractor from the reference points. C. Re-establishment of the reference points by the Engineer for the Contractor shall be done at the Contractor's expense. D. The Contractor shall verify all grades, lines, levels and dimensions as shown on the drawings, and he shall report any errors or inconsistencies in the aforementioned to the Engineer before commencing work. Commencement of work shall be corrected by the Contractor at his expense. LABOR,LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction they are submitting a bid for as specified in the Contract Documents for a period of at least five (5) years. On request, bidders must furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau- Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 -Page 4 of 12 DIVISION 1 - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society,the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform to the latest A.S.T.M.,A.W.P.A.,A.S.A.,N.E.C., I.E.S., etc. specifications as may relate to or govern the construction work. CONTRACT PLANS A. The Contract Plans which accompany and form part of these Specifications,bear the title DAYLIGHTING PROJECT FOR THE TOWN OF SOUTHOLD. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean,neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. The Contractor hereby guarantees that all materials and workmanship installed under his DIVISION 1 -Page 5 of 12 DIVISION I - GENERAL REQUIREMENTS respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year or for longer periods where so provided for in the Specifications, from the date of issuance of the Final Certificate by the Engineer. C. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. PAYMENTS Payment(s) made under this Contract will be made on the basis of actual work completed in accordance with the Contract Documents. Payments will be computed from the unit and lump sum bid. Payment will only be made for the items shown in the Proposal Form. END OF SECTION 01010-GENERAL DIVISION I -Page 6 of 12 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. ENGINEER'S ESTIMATE OF QUANTITIES The ENGINEER'S estimated quantities for unit price pay items are approximate only and are included solely for the purpose of comparison of Bids. The OWNER does not expressly or by implication agrees that the nature of the materials encountered below the surface of the ground or the actual quantities of material encountered or required will correspond with the estimated quantities. END OF SECTION 01025—MEASUREMENT AND PAYMENTS DIVISION 1 -Page 7 of 12 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, • entilatie,, telephone one s e r;,,,.1,, l;�R and sanitary facilities. B. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. C. Construction Facilities —Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY ELECTRICITY The Contractor shall be responsible for providing and paying for the temporary electric power for construction to an established point proximate to the construction area. The temporary service shall be installed within 30 days of the award of the contract. The Contractor shall be responsible for providing temporary electric power to all trades, for the duration of the project. A. The Coi4faetoF shall provide teii+peFai=y watef sefviee for- eenstmetion purposes, sanitexy B. Potable water shall be furnished for construction personnel by portable containers. G. Water- ser-viee sh,ll�eteet l ffem zezing, and the setMee shall be e)cte.,.-e ,-,.1 and fees i:equir-ed for temporary watef E. Comply wirl, .,lm—coli appliE —eerieand affange r- -allneeessafy inspeetiefis n approvals. +; , and fixtures. TEMPORARY SANITARY FACILITIES A. The General Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enforce all sanitary DIVISION 1 -Page 8 of 12 DIVISION 1 - GENERAL REQUIREMENTS regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including fiunishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site,which cause death,personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to DIVISION 1 -Page 9 of 12 DIVISION 1 - GENERAL REQUIREMENTS protect site from soil erosion. C. Provide temporary control of surface water, stormwater runoff and discharge from pumping in accordance with Contractor's approved soil erosion and sediment control plan. SECURITY A. Provide security and facilities to protect work, and existing facilities, and Owner's operations from unauthorized entry,vandalism or theft. B. Coordinate with Owner. C. Furnish security during the course of the work. ACCESS ROAD A. Maintain roads accessing construction area as shown on the Construction Plans. B. Extend and relocate as work progress requires. Provide detours necessary for unimpeded traffic flow. C. Provide and maintain access to fire hydrants, free of obstructions. D. Provide means of removing mud from vehicle wheels before entering public and private streets. Clean all mud and debris from construction traffic at no additional expense to the Owner. Comply with all State and Local regulations. E. Designated existing on-site roads may be used for construction traffic, as directed by the Owner and Engineer. Damage to existing site roads as a result of this Contract will be the responsibility of the Contractor. PARKING A. The Contractor's personnel shall not park on the main road or adjacent private side streets. B. When space is not adequate,provide additional off-site parking. C. Do not allow vehicle parking on existing pavement. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. DIVISION 1 -Page 10 of 12 DIVISION 1 -GENERAL REQUIREMENTS B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Remove temporary above grade or buried utilities, equipment, facilities, materials, prior to Final Applications for Payment Inspections. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS DIVISION 1 -Page I 1 of 12 DIVISION I - GENERAL REQUIREMENTS SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit 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 hire 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 12 DIVISION 2 -SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS,PLANS,ADDENDA and other Contract documents. Refer to the 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 02222 - Clean Granular Fill 02911 -Topsoil DIVISION 2 - 1 of 8 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 the single- family residence. Such materials include wood, metal, concrete, oil storage tanks and all debris/trash located in and around the structure. 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. A manifest shall be generated for all waste materials removed from the site. 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 Demolition Plan. 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 bids for the oil tank disposal and the single-family residence demolition. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION 02050—SITE DEMOLITION DIVISION 2 - 2 of 8 DIVISION 2-SITE WORK SECTION 02200-SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor,materials, equipment and appurtenances necessary or required to perform and complete all work including,but not limited to the following: A. Environmental protection and silt fencing QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes,Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. DIVISION 2 - 3 of 8 DIVISION 2- SITE WORK B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION A. Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. B. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between trunk and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots,which must be severed, should be cut clean. Backfill material around roots shall be topsoil. C. Construct sturdy fences, wood or steel barriers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump trucks do not contact tree trunk or branches. D. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. E. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. F. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. G. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. H. Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. DIVISION 2 - 4 of 8 DIVISION 2-SITE WORK END OF SECTION 02200—SITE PREPARATION DIVISION 2 - 5 of 8 DIVISION 2-SITE WORK SECTION 02222—CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish,place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank run sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1-inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02222—CLEAN GRANULAR FILL DIVISION 2 - 6 of 8 DIVISION 2-SITE WORK SECTION 02911 —TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: • Test results showing the source of the topsoil and its composition as per the MATERIALS requirements listed below: MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be less than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: Percent Passing 1" Screen 100 '/4 Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. DIVISION 2 - 7 of 8 DIVISION 2-SITE WORK The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. BASIS OF PAYMENT Payment for the above item shall be included in the lump sum price bid for the site restoration. END OF SECTION 02911—TOPSOIL DIVISION 2 - 8 of 8 DIVISION 3-CONCRETE GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES,ADDENDA, and other Contract documents. Refer to the Drawings and Specifications of other trades and contractors for items which might affect the work under this Division. TABLE OF CONTENTS-DIVISION NO.3-CONCRETE Included in this Division are the following sections: 03100 Concrete Form Work 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete DIVISION 3 —Page 1 of 8 DIVISION 3- CONCRETE SECTION 03100 - CONCRETE FORM WORK SCOPE A. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perforin and complete all concrete form work, including but not limited to the following: 1. Forms and centering. 2. All forms required for the work in this Section. 3. Setting and building of all anchors, inserts, hangers, supports, ties, frames, bolts, sockets, sleeves, lintels, etc., required to be built into concrete work, except where otherwise specified. FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP A. Forms shall conform with the lines, dimensions and shapes of concrete indicated on the Drawings, for the members for which they are provided. They shall be tight to prevent any possibility of movement after concrete is poured and shall insure safety to workmen and the public. B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from surface of exposed side and holes filled with cement mortar and rubbed immediately after removal of forms. C. Forms for concrete work shall be plywood or composite of smooth line construction, that will produce straight, dense surface free from honeycombs,bulges and depressions. D. If any material is used to coat formwork to facilitate its removal, this material shall be of such nature as not to stain or injure the concrete or cause injury to finish to be applied on exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing. E. All wood form work, including that used in void spaces, pockets and other similar places, shall be removed. F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be taken to avoid spalling concrete surface. WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in place. B. Build in anchors, inserts or slots as required for proper anchorage. DIVISION 3 —Page 2 of 8 DIVISION 3-CONCRETE C. Set in concrete all sleeves furnished under other sections or contracts, in proper alignment and location. D. Cooperate with other trades. E. Build in concrete all forms famished by other trades and required to be built into concrete. END OF SECTION 03100- CONCRETE FORM WORK DIVISION 3 —Page 3 of 8 DIVISION 3- CONCRETE SECTION 03200- CONCRETE REINFORCEMENT SCOPE The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete reinforcing. SHOP DRAWINGS A. Complete and accurate shop drawings shall be submitted to the Engineer for review before any work is executed. Drawings shall show framing plans, details, bending diagrams, sizes and spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete walls, and all other pertinent information. Details shall be carried out in accordance with the A.C.I. rules. B. Contractor shall submit one black and white print and one reproducible with each submission. Cost of all prints required from the reproducible, including prints required by the Engineer, shall be borne by this Contractor. MATERIALS A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL BARS FOR CONCRETE REINFORCEMENT,ASTM A-615, GRADE 60. B. Deformations on deformed bars shall conforin 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 REFERENCES Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American Concrete Institute. Materials used to produce concrete and testing thereof shall comply with the applicable standards listed in the New York State Building Code, Chapter 19 Concrete. QUALITY ASSURANCE Concrete batching plant shall be currently approved as a concrete supplier by the New York State Department of Transportation. PROPORTIONING (Amendments to ACI 301, Chapter 3): A. Compressive Strength: Minimum 4000 psi for structural footings, foundations, floor slabs, exterior slabs, ramps and stairs. B. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit weight between 95 and 115 lb/cu ft. C. Durability: 1. Concrete shall be air-entrained. Design air content shall be 6 percent by volume, with an allowable tolerance of plus or minus 1.5 percent for total air content. Entrained air shall be provided by use of an approved air-entraining admixture. Air-entrained cement shall not be used. D. Slump: 4000 psi Normal Weight Concrete: Between 2 inches and 3 inches. E. Admixtures: Do not use admixtures in concrete unless specified or approved in writing by the Engineer. F. Selection of Proportions: Concrete proportions shall be established on the basis of previous field experience or laboratory trial batches, unless otherwise approved in writing by the Engineer. Proportion mix with a minimum cement content of 564 pounds per cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete. DIVISION 3 —Page 5 of 8 DIVISION 3- CONCRETE REINFORCEMENT (Amendments to ACI 301, Chapter 5): A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars. B. Fabric Reinforcement: ASTM A 185, welded wire fabric, fabricated into flat sheets unless otherwise indicated. C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips. D. Tie Wire: Black annealed wire, 16-1/2 gage or heavier. PRODUCTION (Amendments to ACI 301, Chapter 7) A. Provide ready-mixed concrete, either central-mixed or truck-mixed. EXAMINATION AND PREPARATION A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing concrete, except magnesium alloy tools may be used for finishing. B. Keep excavations free of water. Do not deposit concrete in water. C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh concrete shall be free from frost at the time of concrete placement. D. Prior to placement of concrete, remove all hardened concrete spillage and foreign materials from the space to be occupied by the concrete. FORMWORK (Amendments to ACI 301, Chapter 4) A. Chamfer all exposed external corners of concrete. PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5) A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose mill scale, and other materials or coatings that may adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301, Chapter 8) A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not allow concrete to free fall more than 4 feet. FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10) DIVISION 3 —Page 6 of 8 DIVISION 3- CONCRETE A. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Rough Form Finish for concrete surfaces not exposed to view. 2. Smooth Form Finish for concrete surfaces exposed to view. 3. Smooth Rubbed Finish for exterior concrete surfaces exposed to view. 4. Grout Cleaned Finish for interior concrete surfaces exposed to view. FINISHING SLABS (Amendments to ACI 301, Chapter 11) A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints. B. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Broom Finish for exterior slabs. Texture as approved by the Engineer. 2. Smooth Finish for interior slab. C. Finishing, General: Provide monolithic finishes on concrete floors and slabs without the addition of mortar or other filler material. Finish surfaces in true planes, true to line,with particular care taken during screeding to maintain an excess of concrete in front of the screed so as to prevent low spots. Screed and darby concrete to true planes while plastic and before free water rises to the surface. Do not perform finishing operations during the time free water (bleeding) is on the surface. CURING AND PROTECTION (Amendments to ACI 301, Chapter 12) A. Maintain concrete surfaces in a moist condition for at least 7 days after placing, except where otherwise indicated. B. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling compound in accordance with the recommendations of the manufacturer. C. All concrete surfaces to be coated shall be clean and dry. Dirt, oil, loose concrete, salts, and other contaminants shall be wire brushed or grit blasted until a bare surface is obtained. D. A minimum of two (2) coats shall be applied to concrete. A minimum of 24 hours must elapse before application of the second coat. Do not use if epoxy coating is to be installed. FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16) A. The Contractor shall make a maximum of(2) two test cylinders per truck load of concrete delivered to the site for testing by a testing lab. Sampling to be taken as per ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete. Concrete shall be sampled from the middle of the load. B. The Contractor shall be responsible for furnishing the Engineer with the test results of each concrete test cylinder tested at 7 and 28 days for each truck load. DIVISION 3 —Page 7 of 8 DIVISION 3 - CONCRETE LABORATORY TESTS The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory costs in establishing the design mix and testing of cylinders shall be borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE DIVISION 3 —Page 8 of 8 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P (631)444-03651 F (631)444-0360 www.decny.gov August 11, 2017 Town of Southold PO Box 1179 Southold,NY 11971-00959 Atfn: John Sepenoski, Land Management Coordination Re: NYSDEC Permit#: 1-4738-04540/00001 Bay to Sound Integrated Trails, Pipes Cove Rd to CO Rte 48, Greenport Establish Walking Trails, Boardwalks, Observation Blinds, Clean Up Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62 1) we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to erisure compliance during the term of the permit. If you are unable to comply with any conditions,please contact us at the above address. I Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Kevin Kispert Environmental Analyst II Enclosures KAK/file cc NYSDEC Habitat NYSDEC MHP Nick Gibbons, Suffolk County Parks NEW YORK Department of STATT- onaoaTUNiT Environmental Conservation dame NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 PERMIT Under the Environmental Conservation Law ECL Permittee and Facility Information Permit Issued To: Facility: TOWN OF SOUTHOLD BAY TO SOUND4NTEGRATED TRAILS PO BOX 1179 BETWEEN PIPES COVE& CO RTE 48 SOUTHOLD,NY 11971-0959 GREENPORT,NY 11944 (631) 765-1283 Facility Permit Contact: SUFFOLK COUNTY DEPT OF PARKS ' PO BOX'--144 ATTN;`NICHOLAS GIBBONS WEST:SAYVILLE,NY 11796-0144 (631),$54-4949 l Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: SOUTHOLD Facility.,P_r_in,c_ipal Reference__ Point: NYTM,E:_719, 742 -__ NYTM-N: 4552.239... _ . Y w Latitude: 41°05'30.2" Longitude- 72°23'01.2" Authorized Activity: 'Establis-h walking trails via selective trimming and.limbing, replace.one-4'-wide boardwalk:and construct seven new 4'wide boardwalks 18" above grade, construct_two,8''by 8' observation blinds, demolish and remove dilapidated farm buildings, remove 2500 sf of concrete/asphalt from Old Main Road, remove existing concrete arch, inst5l1,a:60'-by--6':pre=made footbridge over Moore's Drain and establish plantings of appropriate native vegetation. All work must be done as described in the attached Bay to Sound Project Description, and as shown on the attached Overall Site Plan and Detail Maps#s 1 — 11 dated 5/18/17,the Site Cleanup Map dated 7/5/17, and the Mitigation Area Maps pages 1 - 4, last revised 7/17/17, all prepared by John Sepenoski, Town of Southold, and stamped "NYSD_EC-Approved".on 8/11117.7 Permit Authorizations Freshwater Wetlands - Under Article 24 Permit ID 1-4738-04540/00001 New Permit Effective Date: 8/14/2017 Expiration Date: 8/13/2022 Tidal Wetlands - Under Article 25 Permit ID 1-4738-04540/00002 New Permit 'Effective Date: 8/14/2017 Expiration Date: 8/13/2022 Page 1 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04540 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this " permit. -' ..r+'�Hwy YT.. Permit Administrator:ROGER EVANS,"Regional Permit Administrator Address: NYSDEC'kegion 1 Headquarters SUNY @ Stony Brook150 Circle Rd Stony Brook Y I 1 0 -3409 Authorized Signature: Date 9/ /:1 Distribution List , SUFFOLK COUNTY DEPT OF PARKS Habitat Marine Habitat Protection KEVIN A KISPERT _ Permit Components NATURAL RESOURCE PERMIT CONDITIONS, :,j,. . t GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Permit Attachments Site Plan 5/8/2017 NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits:-FRESHWATER WETLANDS; TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John Sepenoski, Town of Southold, and stamped "NYSDEC Approved" on 8/11/17. Page 2 of 7 AM Inhwe NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOW Facility DEC ID I-4738-04540 2. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall•sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 4. Work Area Limits Any Work, disturbance, and or storage of construction materials shall be confined to within the-limit of clearing and ground disturbance shown on the approved plan. 5. No Equipmenttin Wetland Heavy equipment, including bulldozers, backhoes, payl'oaders, etc., shall not be operated in the wetlands. V. J 6. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected bufferareas. 7. Materials Disposed at Upland Site Any demolition debris, excess construction materials, and/or exces's excavated.materials shall be immediately and.completely disposed of on an•approved uplandsite more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as:not:to:re renter an water bod wetland o_r.-wetland ad'acent:area; T- -•-- ` ya y.,,�__w - j-_ 8. Storage of Equipin-eat,Materials..,The storage of construction equipment and materials.shall:!be5 confined witlfiin the project work area ancUbr upland areas greater than 75 linear feet from the tidal ',i wetland boundary. 9. Wood Preservatives/Pressure Treated Lumber Restrictions Pressure treated wood used for71 !t construction of structures within the wetland must have undergone a treatment process approved (stamped or otherwise marked as certified) by the American Wood Preservative Association. The use;of-creosote_treated wood is,prohibited both,in the water and upland areas... :. ._•-. Wood treated WifWfWf t chlorophenol (PCP) must riot be used in marine or brackislfWaters. Chromated Copper Arsenate (CCA), Alkaline Copper Quaternary (ACQ', or Micronized Copper Quarternary (MCQ) pressure treated wood must be clean and free of CCA, ACQ, or MCQ surface deposits. Wood with surface deposits must be washed for at feast 5 minutes under running water prior to use. The washing must occur greater than 100 feet landward of any regulated wetland and/or water body. Cutting of treated lumber must be greater than 100 feet from any regulated freshwater wetland. Any wood debris such as sawdust or wash water must not enter any water body, wetlands or protected buffer areas. 10. Contain Exposed, Stockpiled Soils All disturbed areas where soil will be temporarily exposed or stockpiled for longer than-48 hours shall be contained by a continuous line of staked haybales/silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. Page 3 of 7 AM MON NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 'R' Facility DEC ID 1-4738-04540 11. Erosion Control Required In stream or upland erosion control must-be used as needed at the stream daylighting portion of the project. Any soil that enters the stream must be removed immediately. No downstream turbidity is permitted. 12. Maintain Erosion Controls All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 13. Seed,Mulch Disturbed Areas All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project, within two days of final grading, or by the expiration of the permit, whichever is first. 14. Temporary Mulch,Final Seeding 'If seeding is impracticable'due;-tothe time of year, a temporary mulch shall be applied and.final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 15. Planting Required All that area of the newly created banks of the daylight stream(restoration area 3) and all of the disturbed area of restoration area 2, as shown on the approved plans musrbe planted with a mix of shrubs. Shrubs must be native, wet tolerant and a minimum of 3 gallon stock.*Shrubs must be planted" feet on center. Those same areas must be seeded with a native perennial seed mixiat a rate of 15 lbs,aper acre. Planting and seeding must be completed within 6 months of the daylighting of the stream.,, Lf �� Acceptable shrub species include: highbush blueberry,pussy willow, arrowwood, swamp azalea, sweet pepperbush, spice bush, bay berry, inkberry, winterberry, and chokeberry. Other spices of native, wet tolerant shrubs may also be acceptable. Many of the species listed are sufficiently shade tolerant except for gay,berry•:=Permit holder.must contact:this•-office�to;discuss:other::species--of shrub::-In-addition;permit holder may choose to_plantadditional tree species. Trees must be native, wet tolerant and a minimum of 3 gallon stock.:Trees should be"plan't'ed-about 15 feet on center. Tree planting does not reduce=the density:o'f'shrubs required. Acceptable tree species include: red maple, tupelo and black willow. Other, spices of native, wet tolerant trees may also be acceptable;Permit holder,must-contact this office to _ discuss other species of trees.No cultivars of trees and shrubs afe'acceptable. 16. Minimum % Vegetative Cover Suitable vegetative cover is defined as a minimum of 85 % area vegetative cover with contiguous unvegetated areas no larger than 1 square foot in size. 17. 2 Year Plant Survival All-plantings shown on the;drawings made-a part of this-permit must survive for a minimum of two growing seasons. If mortality exceeds ten percent,,or bare areas occur, dead plants must be replaced. Page 4 of 7 v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC 1D 1-4738-04540 18. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 19. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 20. Precautions Against Contarriin'ation of Waters All necessary precautions shall be taken to preclude contamination of�any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 21. State-Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the.structure or work herein authorized which may be caused by or result from future operations'undertaken by the State for the conservation or improvement of navigation, or for other purposes;and no claim or right to compensation shall accrue from any such damage. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Page 5 of 7 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID I-4738-04540 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include-any-forms-or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted fo:;-, Regional Permit Administrator NYSDEC Region 1 Headquarters r�SUNY @ Stony Brookt50 Circle Rd - rt" Stony Brook,NY11790 -3409 ZX 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Freshwater Wetlands, Tidal Wetlands. 5. P."e mit Modifications, Suspensions and Revocations by the Department The Department res erves the right to exercise all available authority to modify, suspend or revoke this permit. The F r__ it _. ..w.t ground's`=foi°modification;-susperis`ion-o"r-revocation=inG1'ude"==" = = = --=�= -tea-- --��- a. materially-false or inaccurate statements in the permit application or supporting papers; ';b• failure by the permittee to comply with any terms•or^conditions•of the-`ermit; YJ c: exceeding the scope of the project as described in the permit application; '4 �v d. %newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e. noncompliance'with-previbugly issued-permit conditioris;•orders of the-commissioner;any provisions of the Environmental Conservation Law or regulations of the Department:•related to the permitted activity. S 6. Permit Transfer. Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. c- Page 6-of 7 AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Now Facility DEC ID 1-4738-04540 NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the;State of New York, its representatives, employees, and agents ("DEC") for all claims,,suits,actions, and damages;'to-the-extent attributable to the permittee's acts or omissions in connection with the permittee's undertakirig,of activities in connection with, or operation and maintenance of, the facility or facilities authorized by'thd_permit whether in compliance or not in compliance with the terms and conditions of the permit. This'indemnification does not extend to any,.claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts.or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of•the New York Civil Practice Laws and Rules or any citizen suit or civil rights&vision under federal or state laws. Item B.Xermittee's Contractors to Comply with Permit is The pefmittee is responsible for informing its independent contractors, employees, agents and assigps of their responsibility to comply with this permit, including all special conditions while acting as the permttee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee: Item C: Permittee Responsible for Obtaining Other Required Permits The permittee�is.responsible for obtaining any other permits, approvals, lands, easements and•.riglits=of way that,riiaybe required to carry out the activities that are authorized by this permit --- n=R Item D: No Right to Trespass or Interfere with Ripariaights� =`'"' This;permit does not convey to the permittee any right to trespass upon the lands or interfere with the,' ripar' an rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the ,, permit{'X Page 7 of 7 N01 ICE OF COMMENUtmtN I Ur L;UNJ i KUL,i lur RETURN THIS FORM TO-COMPLIANCE Or Fax to 631-444-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Road New Stony Brook, NY 11790-3409 PERMIT NUMBER EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS. CONTRACTOR NAME&ADDRESS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit,you are hereby notified that the authorized activity shall commence on We certify that we have read the referenced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the-permit and as depicted on the approved plans. We can. do so in full compliance with all plan notes and permit conditions.The permit,permit sign,and approved plans will be available at the site for inspection in accordance with General Condition No 1 (Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUST BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DAYS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIATED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE-PERMIT AND APPROVED PLANS AVAILABLE AT THE WORK SITE FOR THE DURATION OF THE PROJECT MAY SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut along this line X X X X X X X NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631444-0297 Bureau of Marine Habitat Protection-NYSDEC 50 Circle Rd. Stony Brook,NY 11790-3409 WIF PERMIT NUMBER: EXPIRATION DATE: PERMITTEE NAME&PROJECT ADDRESS: CONTRACTOR NAME&•ADDRESS: TELEPHONE: Pursuant to special conditions.of the referenced permit,you are hereby notified that the authorized activity was completed on We have fully complied with the terms and conditions of the permit and approved plans.(Both signatures required) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE, MUST BE SENT TO THE ABOVE ADDRESS WITHIN 30 DAYS OF COMPLETION OF THE PROJECT. Bay to Sound Project description for NYS DEC Permit application The Bay to Sound project is expanding the public trail system in the Pipes Cove area of Greenport and opening up an additional 115 acres of open space owned by the Town of Southold and/or Suffolk County Parks to the public. The following elements are included in the'expansion: 2.4 miles of newly created trails. These trails have been designed to minimize the removal of vegetation, however some removal,trimming and limbing will be required. NYS DEC has identified three areas suitable for mitigation and these areas will be planted with species recommended by NYS DEC to mitigate the vegetation removed. See the attached maps for details on the mitigation areas and the levels of trimming and limbing needed. Area 1 is the demolition and removal area described below. For this area it not expected that the entire area will be planted. The demolition contractor will be responsible for leaving the area in a condition suitable for the new trail to be created and allow for plantings but it is expected that some of this area will be allowed to revegetate naturally. Area 2 is located on the Suffolk County Parks parcel at the corner of Route 25 and Pipes Neck Rd. An illegal shed was built in this area and Suffolk County Parks had the owner remove it. ' When it was removed they clear cut the vegetation in order to move the shed onto their property. This clear cutting creates an attractive nuisance as it now appears to be a trail. The plantings here will consist of larger shrubs and possibly trees that visually make it clear that it is not a trail. Area 3 is the day lighting of Moore's Drain area described below. The construction of eight boardwalks. One of these boardwalks will be replacing an existing one and the other seven will be new. These boardwalks will be four feet wide and total 230 feet in length. Of this length 148 feet will be over delineated fresh water wetlands. Sections to be installed over wetland areas will be constructed with open decking material 18 inches above the wetlands. Two 8' by 8'observation blinds with stairs. Both will be constructed in upland areas within adjacent areas to mapped wetlands. Two trees and a shrub will be removed in order to open up the view of the fresh water swamp at one of the blind locations. Three trees and a shrub will be removed in order to create enough room for the blind at the pond on the Sill property Demolition and removal of old and unsafe farm buildings and associated trash. These buildings are all located in an upland area that is within the tidal wetlands adjacent area. The buildings include a silo which has partially collapsed,a dairy barn that has completely collapsed, a storage barn that is partially collapsed,a shed foundation,and labor housing that has mostly collapsed. The associated trash includes a junk boat and trailer, some farm equipment and typical contents of the buildings This area will be restored with native plantings. Daylighting of Moore's Drain at Skipper Horton Park: • Remove approximately 2500 square feet of concrete/asphalt from Old Main Rd • Daylight approximately 90 feet of Moore's Drain by removing concrete arch. • Naturalize stream bank to match adjacent sections of Moore's Drain • Plantings in restored areas • Install an approximately 60 foot long and 6 foot wide premade aluminum footbridge over Moore's Drain to provide access to the park from the eastern parking area N'YSDEC APPROVED AS PER TERMS AND CONDITIONS OF PERMIT NO. 3 9"O -04 D l00,0, t M rr Q ho I7 Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails Arshamomaque Preserve or r .1 Dar k^�41 eo+n V1� 9 Jn.a ,va. 90 a+�aae C^a i ReC ace aetny r OeaNwah 321, a' am as awr �.�, .. arage aT7 A Ow—two, aoaAwaa0 over *. Oerage ort? aAr wa'Mea e Y s+ 4 HM Baa�ewar eras Oanage oath S- aa.arwtro✓• t,0 Cwr weaana' pr.a a7 r eoa^awaa i P^•aq�^<c a•a■ aC Se a a A azanaai flCasawaa ap 9cat•a. ... .^0 C.0 we:4^aa. as^19e:' 4 ors^e M"ataa 01 e, n aalaaant was feT hasty eaer. � •� '. l Y�. �•. so C- 8o-is -'�f^ n• •v so ...- �I f AR • SO-15 � � •;; �'�. `�' r JR4 ' � t Nig'+ e ( 3 r • • Proposed kafrastrudure DEC Tidal W glands N Map Prepared Dy Sohn Sapenoskt,Town of Souffwld TakMep May 15,2017 Proposed Trails wI: Suffolk County Real Propeny Tu Samce Agan Map Eklsl6ng Trailax s County of Tu"k NY opynpM 2017, OEC FreZwater Wetlands 1 inch=500 feet S Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails x 4� t .. 2 c ..„ V Yk, ,n«fgnei.wnNgNe.M..w DEC T,O.lw.n.na. LocationArshamoma ue Preserve Detail Map 1 by Q.n L*w 1/17627117 �PfN6,Ya BgAQ>t'+N t +1.qr asn¢d.,ea N• lax Map#1000-45--1-9.1 mooiaaunq q.lisq.nq. TaWa C�P,gm..0 1t:■YmJ. Replace existing boardwalk 32'(1 9'over wetlands) jam se°nool.T AOM1n$ggnq.b,Tgwn of$glingla Ratn..a T,.A Owner:Town of Southold&Suffolk County Parks U"16'2017 Djega,Cqunw A.N P,ap"*a.S."Ce , a«'na 7,40 Scale: 1 inch=25 feet AREIS vW Ta.kap Caron 2017 C.u,gy of SWW,Nv DEC i,.n.wl.,NM06na. _. Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails P Y. waaand BauMaau ealna:l.a aec Tm.iwOa-a. Location-Arshamoma ue Preserve Detail Ma 2 �-�,oanl.,w,n7a2n„T a p UnNu QPtaaons 8ouncrsas a+o.aaro•d0fifft andTax Map#1000-45,-1-9 1 vanaaw,re�+s v�wp Propn.ao,.n�a wu, Boardwalk over drainage ditch 20'over wetlands �? p T".p+$0unoW aopoaa4Tnu Owner:Town of Southold&Suffolk County Parks May is.2017 9mNo*County Raal Plopaay Ta:aarvw ApameW 4i1i Scale: 1 inch=25 feet �REIsaedTaxmapC"P.911 1T. Caul p1${I/alk,NY DEC FrnhwM1 WMefts Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails v ^Y' f ' N 5 }S. dw'�unn oo�rn7•*a c•nutw DEC TWFIWMI/n0/ Location.Arshamomaque Preserve Detail Map """�`q D•n leve Ire/{bT;t7 Room*opal..* Unib of 91.4.9 deret4•^U Tr Wp Tax Map#1000-45.-1-9 1 Oouna mtuona �RcpoMC�ifi./ucM. Boardwalk over drainage ditch 20'(18'over wetlands) ,`S`IM.+oalrrlown of So ihoM Ropo.aOTnIF Owner:Town of Southold&Suffolk County Parks a,201? SuMolt County RMI Po My Tu 3—Ke Ay/nty E,�unq T1 Will Scale: 1 inch=25 feet ANEtS CO Iluv hAFp cepynpt/=ae7. C-0"*CO!u/ol•NY DEC F,"hMNe VMIrUF Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails r4 Ar Mtlan Y` tM 4 d F F 1 wae�x. aBnu.d.n.xdoao..ted �wDEoCoo'n,d+o+Swovwn0ordi.eOVD-+w +nTa37117 . Location.County Chapel Ln parcel Detail Map 4 t,mb.f andnp,e]..ma Tawp Tax Map*1000-45.-1-10 d .n Pound .tvba Roo—*nnatuafwo Boardwalk over drainage ditch 22'over wetlands Fd.p P.Pwodby Jonn Sepenoolo,Town of Sovoo3d F40PNod Troll Owner.Suffolk County Parks m.r+®.2017 SOW%County,Rool Prop"Tar$onmrr AS.n:Y Er ot'"°T'w Scale: 1 inch=25 feet C.,5S ma T.c 1yp C6moft 207:. DEC F,"hmw,w.nbnds Counq of Surotk.NY Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails J I �u i N E � VOW"&durb..wd.Y.HNd OEC TO.;WOmd. Location:County MilaZzo parcel Detail Map 5 q D..Lov I1779"li? nPr...n.5oundsur Up"of gr.mna dwrna..o Tax Map#1000-53.-1-9 yynd dalur0.nc. Tamap Ropo..dlmwtucM• Boardwalk over drainage ditch 18'(9'over wetlands) �,°,s,00.�os.rTorvn.rseu.ad Rodo..d Tr.e. Owner. Suffolk County Parks &N 16,Co.m `7 Su Poock Counq W..1 Prao.M Tu Sonw.AaoncT E""'rorr'°' Sale: 1 inch 25 feet ARErs.ndT..MooCdif+mn2017 Cawb W Such MY DEC Foemb.Yr NW.nd. - -- W .r s - a � 11k A t 1 ��� mlrnl�dJ�g7�7°I removal�.� •� �,, 'r�`,� ..: f .by MbIng ip ,� , P E tp��i of h&fb, 1pin,m ai Alt .: Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails i �sgnfficant cu Ing All .:vasa Bowndan. ltl DEC eTn.rl8wamama=nd»a bvDaUrvtasWII? . Location:County Pipes Neck Rd parcel Detail Map 7 Un"of100"i;dr+o0 aqd Tax Map#1000-53.-1-4 Qound 0.7urpana Tmemap Boardwalk 40'through phragmites area Map P»puadpy Plopoalq iMa.tgcala ioAn SeganO.W.Town of SOMnodo Pt"ooagtna Owner:Suffolk County Parks MAY to`A7 `7 9Lgoac Counq Real Prop.ny Tax SeNme A9emY xamp T,oftScale: 1 inch=25 feet AqEIS.,Kv14 Tell Map copnq»20f?. r. Cow.Y a swraa.nr DEC i,.Ma»M,wat»nd. Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails .t Milanoge.. naad.anaard DLCTMa1w.IbaM Location:Manor Grove Detail Map 8 by Dan low III7a2r7J17 QPfNana Roundr.M hmu or gmdmg dsamS and Ts Msp Tax Map#1000-53.4-1.7 gaund dawbana Aopawd,rtrntuao.. Observation blind#1 in adjacent area(50'from freshwater) Lisp Pra pared by .loan sapanam Townot southm — Aapo..dTwft Owner.Town of Southold&Suffolk County Parks May t0 201 Suite lkan courtly Raal P epaM Taa Samoa Apaao y Stale: finch=25 feet AREOs d Taa Az C6WVN 2ov, bung of Salah.NY DEC Fwh"111 WYbanda Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails by ande.unaa..adwn.and OftC TWa1WMIMda Location:Pekunka Detail Map 9 by Dan leve 1lt7aY7117 ®Ra.Na 8oundatlsa LnM of goading Woo g,and Tax Map#1000-51-1$2 gound d.tabna TmMap O o Nop.a.d Intrevu . Boardwalk 40'(20'over wetlands) Map Jonn Sp.r.dby panoak,Town of So"old PYoaa..d Tfod. Owner:Town of Southold May 16 2017 9.1.1k County F..I Pnip.nr Ta,s...-Ag..y Ey 6my Trac Scale: 1 inch=25 feet N+els and To.Map CopplaM 2017, 6,10;6,NM OEC FWhwalai wamnw Cpunry p1$YR Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails yak - � $WWnd S.-danr 6.6—t•d DEC T4.1 WO..d. Location: Sill Detail Map 10 01 Can Lsvq I079VII? �Rs••rv.Baundr�•. um1•of9r•dm9 dwmg and Tax Map#1000-45.-5A 9 .nd dalvaann To M•D �Aaoa"dId'.r.au• Observation blind#2 in adjacent area w Sp.—M.T.—.1Ssuhdd f#spo.adTnn• Owner:Town of Southoid W'y 1°,3017 aiasia Co." ry R••1 Proy. Tr 8sw.n Age ncy °n9 r""` Scale' 1 inch=25 feet AIEli aM Tax Map CsW*H 3017 c.u•v a sums,NY DEC Fmhe rf Wdasa► Bay to Sound Trails Phase 2 Proposed Infrastructure & Trails �rrNlund eourtd.n«aMneBla OBC TK%1 W~ds LocationSkipper Ski r Horton Park. - - wo¢At..W�vuarTyl7 LamU of or¢mnp,drrnp¢ne Qprem 1 Bdundrw Tax Map#1000-45.-2-11 SP-6 dstuC�a To Map � nn pyopO¢¢4 Wat¢au. jo Day fight Moores Drain&install 50'pre made bridge hn Sepu¢dny .b $¢ry n¢fW,Townal SpllnOM A.p.-d Tl¢A¢ Owner:Town of Southold May 16.2017 8YRM County R¢¢I Pmpony TM Servci,Ay¢.y AREIEx*hng Trw Scale. 1 inch=25 feet C.-W ofd Yes Map C¢pyupM:017. C.-W Of 6u ROW,NV DEC Fu¢nwrt VI►o¢ndR IN i f, Labor Housing - roof collapsf d. walls partially collapsed .4' " Junk boat & trailer Storage horn roof collapsed Shed:! foun_dation only with various equipment and trash Dairy,barn complete.'y collapsed Sdo - p,uLl,llly collapsed Temporary grade crossing to be coordinated with & approved by LIRR A . 1 „ 'Q . .t t � t l�a.•� aV v V"I I%A 1 1 u11V 1 1 IUV V L IY11 ai\.•u a1V/ 1 / 11 V(JJ V/ / • fl 1•� 10* Arsh'arnomaque Preserve Awa 33020 Area 2 y .1 K A •} M T e' ry 9 i .4 6\t � l N John n ibwn of SouZofo Jufy 17,2017 f Mffigat fon Areas DEC Tidal Wetlands Sultcfk County Resi Properly TaxSernCe AgenW� W )r AREIS and TaxMap Copyrght 2017, DEC Freshwater Wetlands=Preserve Boundaries ComuyofSuAolk Hy I inch=500 feet C bay io -)ouna ► rails rnase z iviaigation Areas ::;>-� Men p� ttiyy ation Area 1 -33020 s ft ,.y N JohrtSepanoaicl,Yawrt ofSouQiWd July 17,2017 Proposed Trails DEC Tidal Wetlands W tulft cCountyReal Property Tax ServireA.gens ARSS and Tay Map Copyngtd 2017, ", Mitigation Areas Taxhlap County of Su"k,W — _. -- . tray to z)ouna I rails Nhase 1 Mitigation Areas t r ation Area 2 - 2036 s MapPreparedby q ft N Jot'n Sepenoski,Tarn of SouVvDld Juiy 17,2017 ropased Trails DEC Tidal Wetlands �y SuftkCourtyRealPmWyTaxSomeAgenc7� AREIS and Tax Yap Copyright 2017, i tligation Areas TaxMap Catnty of Suffolk WY j • Day to oouna i raps r-nase z wmigauon Areas igationArea 3-1630 sq ft N MSP PfePared by John Sepeno*kTow ofSouthold July v,2017 --- Proposed Trails DEC Tidal Wetlands W _ E Sultrdk County RW na»Property rax SeAgency AREIS and Tax MapCopynyM 20V. TaxMap Casty d'Su>lons,Mr WNWIEW ,,,ter _ STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE STATE AGENCY: BUSINESS UNIT/DEPT ID: DOS01/3800000 CONTRACT NUMBER: C1000970 NYS Department of State One Commerce Plaza 99 Washington Avenue—Suite 1010 CONTRACT TYPE: Albany,NY 12231 ❑ Multi-Year Agreement ❑ Simplified Renewal Agreement ❑X Fixed Term Agreement CONTRACTOR SFS PAYEE NAME: TRANSACTION TYPE: ❑x New SOUTHOLD TOWN OF ❑ Renewal ❑ Amendment CONTRACTOR DOS INCORPORATED NAME: PROJECT NAME: n/a Bay to Sound Trails Initiative Phase 11 CONTRACTOR IDENTIFICATION NUMBERS: AGENCY IDENTIFIER: NYS VENDOR ID Number: 1000000876 n/a Federal Tax ID Number: 11-6001939 CFDA NUMBER(Federally Funded Grants Only): DUNS Number (if applicable): n/a n/a CONTRACTOR PRIMARY MAILING ADDRESS: CONTRACTOR STATUS: Town of Southold ❑ For Profit 53095 Main Road N Municipality, Code: Southold,NY 11971 ❑ Tribal Nation ❑ Individual ❑ Not-for-Profit CONTRACTOR PAYMENT ADDRESS: © Check if same as primary mailing address Charities Registration Number: n/a CONTRACTOR MAILING ADDRESS Exemption Status/Code: 3A/02 x❑ Check if same as primary mailing address ❑ Sectarian Entity Contract Number: #C1000970 Page 1 of 2,Master Grant Contract-Face Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS FACE PAGE CURRENT CONTRACT TERM: CONTRACT FUNDING AMOUNT: (Multi-year—enter total projected amount of the FROM: 4/1/2016 TO: 3/31/2021 contract; Fixed Term/Simplified Renewal—enter current period amount) CURRENT CONTRACT PERIOD: FROM: 4/1/2016 TO: 3/31/2021 CURRENT: $245,055.00 AMENDED TERM: AMENDED: FROM: TO: FUNDING SOURCES: AMENDED PERIOD: ❑x State ❑ Federal FROM: TO: ❑ Other FOR MULTI-YEAR AGREEMENTS ONLY—CONTRACT PERIOD AND FUNDING AMOUNT: (Out years represent projected funding amounts) # CURRENT PERIOD CURRENT AMOUNT AMENDED PERIOD AMENDED AMOUNT 1 2 3 4 5 ATTACHMENTS PART OF THIS AGREEMENT: ❑X Attachment A: ❑X A-1 Program Specific Terms and Conditions ❑ A-2 Federally Funded Grants ❑X Attachment B: ❑X B-1 Expenditure Based Budget ❑ B-2 Performance Based Budget ❑ B-3 Capital Budget ❑ B-1(A) Expenditure Based Budget (Amendment) ❑ B-2(A) Performance Based Budget (Amendment) ❑ B-3(A) Capital Budget (Amendment) x❑ Attachment C: Work Plan x❑ Attachment D: Payment and Reporting Schedule ❑ Other: Contract Number: #C1000970 Page 2 of 2,Master Grant Contract-Face Page IN WITNESS THEREOF,,the parties hereto have executed or approved this Master.C6ntiact on the dates below their signatures. .CONTRACTOR:, STATE AGENCY: " Town.ofSouthold NYS Department of State „ 53Oc Main Road One`Cominerce Plaza aSoui old,j Y 11914 99'Washing#on Avenue,,—Sure 1410` " s ,. Albany,NY1-2231 . .. , y: BYE. =` °x 2" HVY�t q Printed Name .Printed lame'` Tttle. ; L�1tar'or Financia!gdinintstration Cf � 0y, Title: 'Date. 2. `° � ° ' _ "STATE C3F'NEW Y,+DRK ice,c COUNTYa F" <2 o ,K.✓ ..k OnAhe ;.i_ay,;©f-A- L. '�,p 1 �" before,me'personaliy appeared;. to Mer known,who,being"by me duly, rn VI swidid; depose and say that he,:resides at e�`:` helsle isYthe . 4 r e ofthe c"� ,the contraetor,, ; descrilieii"herein:which executed the foregoing rostrum tt;,'arid'tha he hetsigneder'iiame » ., theret&its aiutho'rized byafhe coritraetor name on the face page of this MasterCoritract. „ - , ; ,M[CHElLE L:,Tt?MAS2EW5 = ` >y:, 'NOTARY'PUBLIC,--si'ATEn � ww tt O .tEW.Yogg .'�. . 44 !. No. OJ TOb1 Sdb71• . Qtiallfled'in Suffolk_Counfy,.4..`• MY commission9,140 „ ATTORNEY GENERAL'S SIGNATURE STATE COMPTROLLER'S SIGNATURE By: By: x z_ - i 1 c9 1 OU 4 a`r t 4DEPTJIPP ., Title: . r is Title: J UL "" ;' � Date: £_ Date: FOR THE STATE 66MPIWOLLER Contract Number. #01000970 Page 1 of 1,Master Contract for Grants-Signature Page STATE OF NEW YORK MASTER CONTRACT FOR GRANTS This State of New York Master Contract for Grants (Master Contract) is hereby made by and between the State of New York acting by and through the applicable State Agency (State) and the public or private entity (Contractor) identified on the face page hereof(Face Page). WITNESSETH: WHEREAS, the State has the authority to regulate and provide funding for the establishment and operation of program services, design or the execution,and performance of construction projects, as applicable and desires to contract with skilled parties possessing the necessary resources to provide such services or work, as applicable; and WHEREAS, the Contractor is ready,willing and able to provide such program services or the execution and performance of construction projects and possesses or can make available all necessary qualified personnel, licenses, facilities and expertise to perform or have performed the services or work, as applicable, required pursuant to the terms of the Master Contract; NOW THEREFORE, in consideration of the promises, responsibilities, and covenants herein,the State and the Contractor agree as follows: STANDARD TERMS AND CONDITIONS I. GENERAL PROVISIONS A. Executory Clause: In accordance with Section 41 of the State Finance Law, the State shall have no liability under the Master Contract to the Contractor, or to anyone else, beyond funds appropriated and available for the Master Contract. B. Required Approvals: In accordance with Section 112 of the State Finance Law (or, if the Master Contract is with the State University of New York (SUNY) or City University of New York (CUNY), Section 355 or Section 6218 of the Education Law), if the Master Contract exceeds $50,000 (or $85,000 for contracts let by the Office of General Services, or the minimum thresholds agreed to by the Office of the State Comptroller (OSC) for certain SUNY and CUNY contracts), or if this is an amendment for any amount to a contract which, as so amended, exceeds said statutory amount including, but not limited to, changes in amount, consideration, scope or contract term identified on the Face Page (Contract Term), it shall not be valid, effective or binding upon the State until it has been approved by, and filed with, the New York Attorney General Contract Approval Unit (AG) and OSC. If, by the Master Contract, the State agrees to give something other than money when the value or reasonably estimated value of such consideration exceeds $10,000, it shall not be valid, effective or binding upon the State until it has been approved by, and filed with, the AG and OSC. Budget Changes: An amendment that would result in a transfer of funds among program activities or budget cost categories that does not affect the amount, consideration, scope or other terms of such contract may be subject to the approval of the AG and OSC where the amount of such modification is, as a portion of the total value of the contract, equal to or greater than ten percent for contracts of less than five million dollars, or five percent for contracts of more than Contract Number:401000970 Page 1 of 25,Master Contract for Grants-Standard Terms and Conditions five million dollars; and, in addition, such amendment may be subject to prior approval by the applicable State Agency as detailed in Attachment D (Payment and Reporting Schedule). C. Order of Precedence: In the event of a conflict among (i) the terms of the Master Contract (including any and all attachments and amendments) or (ii) between the terms of the Master Contract and the original request for proposal, the program application or other attachment that was completed and executed by the Contractor in connection with the Master Contract, the order of precedence is as follows: 1. Standard Terms and Conditions 2. Modifications to the Face Page 3. Modifications to Attachment A-2 1, Attachment B, Attachment C and Attachment D 4. The Face Page 5. Attachment A-22, Attachment B,Attachment C and Attachment D 6. Modification to Attachment A-1 7. Attachment A-1 8. Other attachments, including, but not limited to, the request for proposal or program application D. Funding: Funding for the term of the Master Contract shall not exceed the amount specified as "Contract Funding Amount" on the Face Page or as subsequently revised to reflect an approved renewal or cost amendment. Funding for the initial and subsequent periods of the Master Contract shall not exceed the applicable amounts specified in the applicable Attachment B form (Budget). E. Contract Performance: The Contractor shall perform all services or work, as applicable, and comply with all provisions of the Master Contract to the satisfaction of the State. The Contractor shall provide services or work, as applicable, and meet the program objectives summarized in Attachment C (Work Plan) in accordance with the provisions of the Master Contract, relevant laws, rules and regulations, administrative, program and fiscal guidelines, and where applicable, operating certificate for facilities or licenses for an activity or program. F. Modifications: To modify the Attachments or Face Page, the parties mutually agree to record, in writing, the terms of such modification and to revise or complete the Face Page and all the appropriate attachments in conjunction therewith. In addition, to the extent that such modification meets the criteria set forth in Section I.B herein, it shall be subject to the approval of the AG and To the extent that the modifications to Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract,the modifications to Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). 2 T the extent that the terms of Attachment A-2 are required by federal requirements and conflict with other provisions of the Master Contract,the federal requirements of Attachment A-2 shall supersede all other provisions of this Master Contract. See Section I(V). Contract Number: # C1000970 Page 2 of 25,Master Contract for Grants-Standard Terms and Conditions OSC before it shall become valid, effective and binding upon the State. Modifications that are not subject to the AG and OSC approval shall be processed in accordance with the guidelines stated in the Master Contract. G. Governing Law: The Master Contract shall be governed by the laws of the State of New York except where the Federal Supremacy Clause requires otherwise. H. Severability: Any provision of the Master Contract that is held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, shall be ineffective only to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining provisions hereof; provided, however, that the parties to the Master Contract shall attempt in good faith to reform the Master Contract in a manner consistent with the intent of any such ineffective provision for the purpose of carrying out such intent. If any provision is held void, invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances. I. Interpretation: The headings in the Master Contract are inserted for convenience and reference only and do not modify or restrict any of the provisions herein. All personal pronouns used herein shall be considered to be gender neutral. The Master Contract has been made under the laws of the State of New York, and the venue for resolving any disputes hereunder shall be in a court of competent jurisdiction of the State of New York. J. Notice: ]. All notices, except for notices of termination, shall be in writing and shall be transmitted either: a) by certified or registered United States mail, return receipt requested; b) by facsimile transmission; c) by personal delivery; d) by expedited delivery service; or e) by e-mail. 2. Notices to the State shall be addressed to the Program Office designated in Attachment A-] (Program Specific Terms and Conditions). 3. Notices to the Contractor shall be addressed to the Contractor's designee as designated in Attachment A-] (Program Specific Terms and Conditions). 4. Any such notice shall be deemed to have been given either at the time of personal delivery or, in the case of expedited delivery service or certified or registered United States mail, as of the date of first attempted delivery at the address and in the manner provided herein, or in the case of facsimile transmission or e-mail, upon receipt. 5. The parties may, from time to time, specify any new or different e-mail address, facsimile Contract Number # C1000970 Page 3 of 25,Master Contract for Grants- Standard Terms and Conditions number or address in the United States as their address for purpose of receiving notice under the Master Contract by giving fifteen (15) calendar days prior written notice to the other party sent in accordance herewith. The parties agree to mutually designate individuals as their respective representatives for the purposes of receiving notices under the Master Contract. Additional individuals may be designated in writing by the parties for purposes of implementation, administration, billing and resolving issues and/or disputes. K. Service of Process: In addition to the methods of service allowed by the State Civil Practice Law & Rules (CPLR), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must promptly notify the State, in writing, of each and every change of address to which service of process can be made. Service by the State to the last known address shall be sufficient. The Contractor shall have thirty (30) calendar days after service hereunder is complete in which to respond. L. Set-Off Rights: The State shall have all of its common law, equitable, and statutory rights of set-off. These rights shall include, but not be limited to, the State's option to withhold, for the purposes of set-off, any moneys due to the Contractor under the Master Contract up to any amounts due and owing to the State with regard to the Master Contract, any other contract with any State department or agency, including any contract for a term commencing prior to the term of the Master Contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies, or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State Agency, its representatives, or OSC. M. Indemnification: The Contractor shall be solely responsible and answerable in damages for any and all accidents and/or injuries to persons (including death) or property arising out of or related to the services to be rendered by the Contractor or its subcontractors pursuant to this Master Contract. The Contractor shall indemnify and hold harmless the State and its officers and employees from claims, suits, actions, damages and cost of every nature arising out of the provision of services pursuant to the Master Contract. N. Non-Assignment Clause: In accordance with Section 138 of the State Finance Law, the Master Contract may not be assigned by the Contractor or its right, title or interest therein assigned, transferred, conveyed, sublet, or otherwise disposed of without the State's previous written consent, and attempts to do so shall be considered to be null and void. Notwithstanding the foregoing, such prior written consent of an assignment of a contract, let pursuant to Article XI of the State Finance Law, may be waived at the discretion of the State Agency and with the concurrence of OSC, where the original contract was subject to OSC's approval, where the assignment is due to a reorganization, merger, or consolidation of the Contractor's business entity or enterprise. The State retains its right to approve an assignment and to require that the merged contractor demonstrate its responsibility to do business with the State. The Contractor may, however, assign its right to receive payments without the State's prior written consent unless the Master Contract concerns Certificates of Participation pursuant to Article 5-A of the State Finance Law. O. Legal Action: No litigation or regulatory action shall be brought against the State of New York, the State Agency, or against any county or other local government entity with funds provided under Contract Number:4 C1000970 Page 4 of 25,Master Contract for Grants-Standard Terms and Conditions the Master Contract. The term "litigation" shall include commencing or threatening to commence a lawsuit,joining or threatening to join as a party to ongoing litigation, or requesting any relief from any of the State of New York, the State Agency, or any county, or other local government entity. The term "regulatory action" shall include commencing or threatening to commence a regulatory proceeding, or requesting any regulatory relief from any of the State of New York, the State Agency, or any county, or other local government entity. P. No Arbitration: Disputes involving the Master Contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized), but must, instead, be heard in a court of competent jurisdiction of the State of New York. Q. Secular Purpose: Services performed pursuant to the Master Contract are secular in nature and shall be performed in a manner that does not discriminate on the basis of religious belief, or promote or discourage adherence to religion in general or particular religious beliefs. R. Partisan Political Activity and Lobbying: Funds provided pursuant to the Master Contract shall not be used for any partisan political activity, or for activities that attempt to influence legislation or election or defeat of any candidate for public office. S. Reciprocity and Sanctions Provisions: The Contractor is hereby notified that if its principal place of business is located in a country, nation, province, state, or political subdivision that penalizes New York State vendors, and if the goods or services it offers shall be substantially produced or performed outside New York State, the Omnibus Procurement Act 1994 and 2000 amendments (Chapter 684 and Chapter 383, respectively) require that it be denied contracts which it would otherwise obtain.3 T. Reporting Fraud and Abuse: Contractor acknowledges that it has reviewed information on how to prevent, detect, and report fraud, waste and abuse of public funds, including information about the Federal False Claims Act, the New York State False Claims Act, and whistleblower protections. U. Non-Collusive Bidding: By submission of this bid, the Contractor and each person signing on behalf of the Contractor certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his or her knowledge and belief that its bid was arrived at independently and without collusion aimed at restricting competition. The Contractor further affirms that, at the time the Contractor submitted its bid, an authorized and responsible person executed and delivered to the State a non-collusive binding certification on the Contractor's behalf. V. Federally Funded Grants: All of the Specific federal requirements that are applicable to the Master Contract are identified in Attachment A-2 (Federally Funded Grants) hereto. To the extent that the Master Contract is funded in whole or part with federal funds, (i) the provisions of the Master Contract that conflict with federal rules, federal regulations, or federal program specific requirements shall not apply and (ii) the Contractor agrees to comply with all applicable federal 3 A of October 9, 2012, the list of discriminatory jurisdictions subject to this provision includes the states of Alaska, Hawaii, Louisiana, South Carolina, West Virginia and Wyoming_ Contact NYS Department of Economic Development for the most current list ofjurisdictions subject to this provision. Contract Number:# C1000970 Page 5 of 25,Master Contract for Grants-Standard Terms and Conditions rules, regulations and program specific requirements including, but not limited to, those provisions that are set forth in Attachment A-2 (Federally Funded Grants) hereto. II. TERM,TERMINATION AND SUSPENSION A. Term: The term of the Master Contract shall be as specified on the Face Page, unless terminated sooner as provided herein. B. Renewal: 1. General Renewal: The Master Contract may consist of successive periods on the same terms and conditions, as specified within the Master Contract (a "Simplified Renewal Contract"). Each additional or superseding period shall be on the forms specified by the State and shall be incorporated in the Master Contract. 2. Renewal Notice to Not jor-Profit Contractors: a) Pursuant to State Finance Law §179-t, if the Master Contract is with a not-for-profit Contractor and provides for a renewal option, the State shall notify the Contractor of the State's intent to renew or not to renew the Master Contract no later than ninety (90) calendar days prior to the end of the term of the Master Contract, unless funding for the renewal is contingent upon enactment of an appropriation. If funding for the renewal is contingent upon enactment of an appropriation, the State shall notify the Contractor of the State's intent to renew or not to renew the Master Contract the later of: (1) ninety (90) calendar days prior to the end of the term of the Master Contract, and (2) thirty (30) calendar days after the necessary appropriation becomes law. Notwithstanding the foregoing, in the event that the State is unable to comply with the time frames set forth in this paragraph due to unusual circumstances beyond the control of the State ("Unusual Circumstances"), no payment of interest shall be due to the not-for-profit Contractor. For purposes of State Finance Law §179-t, "Unusual Circumstances" shall not mean the failure by the State to (i) plan for implementation of a program, (ii) assign sufficient staff resources to implement a program, (iii) establish a schedule for the implementation of a program or (iv) anticipate any other reasonably foreseeable circumstance. b) Notification to the not-for-profit Contractor of the State's intent to not renew the Master Contract must be in writing in the form of a letter, with the reason(s) for the non-renewal included. If the State does not provide notice to the not-for-profit Contractor of its intent not to renew the Master Contract as required in this Section and State Finance Law §l 79-t, the Master Contract shall be deemed continued until the date the State provides the necessary notice to the Contractor, in accordance with State Finance Law §179-t. Expenses incurred by the not-for-profit Contractor during such extension shall be reimbursable under the terms of the Master Contract. Contract Number: # C1000970 Page 6 of 25,Master Contract for Grants-Standard Terms and Conditions C. Termination: 1. Grounds: a) Mutual Consent: The Master Contract maybe terminated at anytime upon mutual written consent of the State and the Contractor. b) Cause: The State may terminate the Master Contract immediately, upon written notice of termination to the Contractor, if the Contractor fails to comply with any of the terms and conditions of the Master Contract and/or with any laws, rules, regulations, policies, or procedures that are applicable to the Master Contract. c) Non-Responsibility: In accordance with the provisions of Sections IV(N)(6) and (7) herein, the State may make a final determination that the Contractor is non-responsible (Determination of Non-Responsibility). In such event, the State may terminate the Master Contract at the Contractor's expense, complete the contractual requirements in any manner the State deems advisable and pursue available legal or equitable remedies for breach. d) Convenience: The State may terminate the Master Contract in its sole discretion upon thirty (30) calendar days prior written notice. e) Lack of Funds: If for any reason the State or the Federal government terminates or reduces its appropriation to the applicable State Agency entering into the Master Contract or fails to pay the full amount of the allocation for the operation of one or more programs funded under this Master Contract, the Master Contract may be terminated or reduced at the State Agency's discretion, provided that no such reduction or termination shall apply to allowable costs already incurred by the Contractor where funds are available to the State Agency for payment of such costs. Upon termination or reduction of the Master Contract, all remaining funds paid to the Contractor that are not subject to allowable costs already incurred by the Contractor shall be returned to the State Agency. In any event, no liability shall be incurred by the State (including the State Agency) beyond monies available for the purposes of the Master Contract. The Contractor acknowledges that any funds due to the State Agency or the State of New York because of disallowed expenditures after audit shall be the Contractor's responsibility. f) Force Majeure: The State may terminate or suspend its performance under the Master Contract immediately upon the occurrence of a "force majeure." For purposes of the Master Contract, "Force majeure" shall include, but not be limited to, natural disasters, war, rebellion, insurrection, riot, strikes, lockout and any unforeseen circumstances and acts beyond the control of the State which render the performance of its obligations impossible. 2. Notice of Termination: a) Service of notice: Written notice of termination shall be sent by: (i) personal messenger service; or Contract Number: # C1000970 Page 7 of 25, Master Contract for Grants-Standard Terms and Conditions (ii) certified mail, return receipt requested and first class mail. b) Effective date of termination: The effective date of the termination shall be the later of(i) the date indicated in the notice and (ii) the date the notice is received by the Contractor, and shall be established as follows: (i) if the notice is delivered by hand, the date of receipt shall be established by the receipt given to the Contractor or by affidavit of the individual making such hand delivery attesting to the date of delivery; or (ii) if the notice is delivered by registered or certified mail, by the receipt returned from the United States Postal Service, or if no receipt is returned, five (5) business days from the date of mailing of the first class letter, postage prepaid, in a depository under the care and control of the United States Postal Service. 3. Effect of Notice and Termination on State's Payment Obligations: a) Upon receipt of notice of termination, the Contractor agrees to cancel, prior to the effective date of any prospective termination, as many outstanding obligations as possible, and agrees not to incur any new obligations after receipt of the notice without approval by the State. b) The State shall be responsible for payment on claims for services or work provided and costs incurred pursuant to the terms of the Master Contract. In no event shall the State be liable for expenses and obligations arising from the requirements of the Master Contract after its termination date. 4. Effect of Termination Based on Misuse or Conversion of State or Federal Property: Where the Master Contract is terminated for cause based on Contractor's failure to use some or all of the real property or equipment purchased pursuant to the Master Contract for the purposes set forth herein,the State may, at its option, require: a) the repayment to the State of any monies previously paid to the Contractor; or b) the return of any real property or equipment purchased under the terms of the Master Contract; or c) an appropriate combination of clauses (a) and (b) of Section II(C)(4) herein. Nothing herein shall be-intended to limit the State's ability to pursue such other legal or equitable remedies as may be available. D. Suspension: The State may, in its discretion, order the Contractor to suspend performance for a reasonable period of time. In the event of such suspension, the Contractor shall be given a formal written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor shall comply with the particulars of the notice. The State shall have no obligation to reimburse Contractor's expenses during such suspension period. Activities may resume at such time Contract Number:# C1000970 Page 8 of 25,Master Contract for Grants-Standard Terms and Conditions as the State issues a formal written notice authorizing a resumption of performance under the Master Contract. III. PAYMENT AND REPORTING A. Terms and Conditions: 1. In full consideration of contract services to be performed, the State Agency agrees to pay and the Contractor agrees to accept a sum not to exceed the amount noted on the Face Page. 2. The State has no obligation to make payment until all required approvals, including the approval of the AG and OSC, if required, have been obtained. Contractor obligations or expenditures that precede the start date of the Master Contract shall not be reimbursed. 3. Contractor must provide complete and accurate billing invoices to the State in order to receive payment. Provided, however, the State may, at its discretion, automatically generate a voucher in accordance with an approved contract payment schedule. Billing invoices submitted to the State must contain all information and supporting documentation required by Attachment D (Payment and Reporting Schedule) and Section III(C) herein. The State may require the Contractor to submit billing invoices electronically. 4. Payment for invoices submitted by the Contractor shall only be rendered electronically unless payment by paper check is expressly authorized by the head of the State Agency, in the sole discretion of the head of such State Agency, due to extenuating circumstances. Such electronic payment shall be made in accordance with OSC's procedures and practices to authorize electronic payments. 5. If travel expenses are an approved expenditure under the Master Contract, travel expenses shall be reimbursed at the lesser of the rates set forth in the written standard travel policy of the Contractor, the OSC guidelines, or United States General Services Administration rates. No out- of-state travel costs shall be permitted unless specifically detailed and pre-approved by the State. 6. Timeliness of advance payments or other claims for reimbursement, and any interest to be paid to Contractor for late payment, shall be governed by Article 11-A of the State Finance Law to the extent required by law. 7. Article 11-B of the State Finance Law sets forth certain time frames for the Full Execution of contracts or renewal contracts with not-for-profit organizations and the implementation of any program plan associated with such contract. For purposes of this section, "Full Execution" shall mean that the contract has been signed by all parties thereto and has obtained the approval of the AG and OSC. Any interest to be paid on a missed payment to the Contractor based on a delay in the Full Execution of the Master Contract shall be governed by Article 1 1-B of the State Finance Law. Contract Number: # C1000970 Page 9 of 25,Master Contract for Grants-Standard Terms and Conditions B. Advance Payment and Recoupment: 1. Advance payments, which the State in its sole discretion may make to not-for-profit grant recipients, shall be made and recouped in accordance with State Finance Law Section 179(u), this Section and the provisions of Attachment D (Payment and Reporting Schedule). 2. Advance payments made by the State to not-for-profit grant recipients shall be due no later than thirty (30) calendar days, excluding legal holidays, after the first day of the Contract Term or, if renewed, in the period identified on the Face Page. 3. For subsequent contract years in multi-year contracts, Contractor will be notified of the scheduled advance payments for the upcoming contract year no later than 90 days prior to the commencement of the contract year. For simplified renewals, the payment schedule(Attachment D)will be modified as part of the renewal process. 4. Recoupment of any advance payment(s) shall be recovered by crediting the percentage of subsequent claims listed in Attachment D (Payment and Reporting Schedule) and Section III(C) herein and such claims shall be reduced until the advance is fully recovered within the Contract Term. Any unexpended advance balance at the end of the Contract Term shall be refunded by the Contractor to the State. 5. If for any reason the amount of any claim is not sufficient to cover the proportionate advance amount to be recovered, then subsequent claims may be reduced until the advance is fully recovered. C. Claims for Reimbursement: 1. The Contractor shall submit claims for the reimbursement of expenses incurred on behalf of the State under the Master Contract in accordance with this Section and the applicable claiming schedule in Attachment D (Payment and Reporting Schedule). Vouchers submitted for payment shall be deemed to be a certification that the payments requested are for project expenditures made in accordance with the items as contained in the applicable Attachment B form (Budget) and during the Contract Term. When submitting a voucher, such voucher shall also be deemed to certify that: (i) the payments requested do not duplicate reimbursement from other sources of funding; and (ii) the funds provided herein do not replace funds that, in the absence of this grant, would have been made available by the Contractor for this program. Requirement (ii) does not apply to grants funded pursuant to a Community Projects Fund appropriation. 2. Consistent with the selected reimbursement claiming schedule in Attachment D (Payment and Reporting Schedule), the Contractor shall comply with the appropriate following provisions: a) Quarterly Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). Contract Number.# C1000970 Page 10 of 25,Master Contract for Grants-Standard Terms and Conditions The Contractor shall submit to the State Agency quarterly voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. b) Monthly Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). The Contractor shall submit to the State Agency monthly voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. c) Biannual Reimbursement: The Contractor shall be entitled to receive payments for work, projects, and services rendered as detailed and described in Attachment C (Work Plan). The Contractor shall submit to the State Agency biannually voucher claims and supporting documentation. The Contractor shall submit vouchers to the State Agency in accordance with the procedures set forth in Section III(A)(3) herein. d) Milestone/Performance Reimbursement:4 Requests for payment based upon an event or milestone may be either severable or cumulative. A severable event/milestone is independent of accomplishment of any other event. If the event is cumulative, the successful completion of an event or milestone is dependent on the previous completion of another event. Milestone payments shall be made to the Contractor when requested in a form approved by the State, and at frequencies and in amounts stated in Attachment D (Payment and Reporting Schedule). The State Agency shall make milestone payments subject to the Contractor's satisfactory performance. e) Fee for Service Reimbursement:5 Payment shall be limited to only those fees specifically agreed upon in the Master Contract and shall be payable no more frequently than monthly upon submission of a voucher by the contractor. f) Rate Based Reimbursement:6 Payment shall be limited to rate(s) established in the Master Contract. Payment may be requested no more frequently than monthly. g) Scheduled Reimbursement: The State Agency shall generate vouchers at the frequencies and amounts as set forth in Attachment D (Payment and Reporting Schedule), 4 A milestone/performance payment schedule identifies mutually agreed-to payment amounts based on meeting contract events or milestones. Events or milestones must represent integral and meaningful aspects of contract performance and should signify true progress in completing the Master Contract effort. s Fee for Service is a rate established by the Contractor for a service or services rendered. 6 Rate based agreements are those agreements in which payment is premised upon a specific established rate per unit. 7 Scheduled Reimbursement agreements provide for payments that occur at defined and regular intervals that provide for a specified dollar amount to be paid to the Contractor at the beginning of each payment period(i.e. quarterly,monthly or bi-annually). While these payments are related to the particular services and outcomes defined in the Master Contract,they are not dependent upon particular services or expenses in any one payment period and provide the Contractor with a defined and regular payment over the life of the contract. Contract Number- # C1000970 Page I 1 of 25,Master Contract for Grants-Standard Terms and Conditions and service reports shall be used to determine funding levels appropriate to the next annual contract period. h) Fifth Quarter Payments:8 Fifth quarter payment shall be paid to the Contractor at the conclusion of the final scheduled payment period of the preceding contract period. The State Agency shall use a written directive for fifth quarter financing. The State Agency shall generate a voucher in the fourth quarter of the current contract year to pay the scheduled payment for the next contract year. 3. The Contractor shall also submit supporting fiscal documentation for the expenses claimed. 4. The State reserves the right to withhold up to fifteen percent (15%) of the total amount of the Master Contract as security for the faithful completion of services or work, as applicable, under the Master Contract. This amount may be withheld in whole or in part from.any single payment or combination of payments otherwise due under the Master Contract. In the event that such withheld funds are insufficient to satisfy Contractor's obligations to the State, the State may pursue all available remedies, including the right of setoff and recoupment. 5. The State shall not be liable for payments on the Master Contract if it is made pursuant to a Community Projects Fund appropriation if insufficient monies are available pursuant to Section 99-d of the State Finance Law. 6. All vouchers submitted by the Contractor pursuant to the Master Contract shall be submitted to the State Agency no later than thirty (30) calendar days after the end date of the period for which reimbursement is claimed. In no event shall the amount received by the Contractor exceed the budget amount approved by the State Agency, and, if actual expenditures by the Contractor are less than such sum, the amount payable by the State Agency to the Contractor shall not exceed the amount of actual expenditures. 7. All obligations must be incurred prior to the end date of the contract. Notwithstanding the provisions of Section III(C)(6) above, with respect to the final period for which reimbursement is claimed, so long as the obligations were incurred prior to the end date of the contract, the Contractor shall have up to ninety (90) calendar days after the contract end date to make expenditures; provided, however, that if the Master Contract is funded in whole or in part with federal funds, the Contractor shall have up to sixty (60) calendar days after the contract end date to make expenditures. D. Identifying Information and Privacy Notification: 1. Every voucher or New York State Claim for Payment submitted to a State Agency by the Contractor, for payment for the sale of goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property, must include the Contractor's Vendor Identification Number assigned by the Statewide Financial System, and any or all of the following identification numbers: (i) the Contractor's Federal employer identification number, (ii) the Contractor's Federal social security number, and/or (iii) DUNS number. Failure to 8 Fifth Quarter Payments occurs where there are scheduled payments and where there is an expectation that services will be continued through renewals or subsequent contracts. Fifth Quarter Payments allow for the continuation of scheduled payments to a Contractor for the first payment period quarter of an anticipated renewal or new contract. Contract Number.# C1000970 Page 12 of 25,Master Contract for Grants-Standard Terms and Conditions include such identification number or numbers may delay payment by the State to the Contractor. Where the Contractor does not have such number or numbers, the Contractor, on its voucher or Claim for Payment, must provide the reason or reasons for why the Contractor does not have such number or numbers. 2. The authority to request the above personal information from a seller of goods or services or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the State Tax Law. Disclosure of this information by the seller or lessor to the State is mandatory. The principle purpose for which the information is collected is to enable the State to identify individuals, businesses and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information will be used for tax administration purposes and for any other purpose authorized by law. The personal information is requested by the purchasing unit of the State Agency contracting to purchase the goods or services or lease the real or personal property covered by the Master Contract. This information is maintained in the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of the State Comptroller, 110 State Street, Albany, New York, 12236. E. Refunds: 1. In the event that the Contractor must make a refund to the State for Master Contract-related activities, including repayment of an advance or an audit disallowance, payment must be made payable as set forth in Attachment A-1 (Program Specific Terms and Conditions). The Contractor must reference the contract number with its payment and include a brief explanation of why the refund is being made. Refund payments must be submitted to the Designated Refund Office at the address specified in Attachment A-1 (Program Specific Terms and Conditions). 2. If at the end or termination of the Master Contract, there remains any unexpended balance of the monies advanced under the Master Contract in the possession of the Contractor, the Contractor shall make payment within forty-five (45) calendar days of the end or termination of the Master Contract. In the event that the Contractor fails to refund such balance the State may pursue all available remedies. F. Outstanding Amounts Owed to the State: Prior period overpayments (including, but not limited to, contract advances in excess of actual expenditures) and/or audit recoveries associated with the Contractor may be recouped against future payments made under this Master Contract to Contractor. The recoupment generally begins with the first payment made to the Contractor following identification of the overpayment and/or audit recovery amount. In the event that there are no payments to apply recoveries against, the Contractor shall make payment as provided in Section III(E) (Refunds) herein. G. Program and Fiscal Reporting Requirements: 1. The Contractor shall submit required periodic reports in accordance with the applicable schedule provided in Attachment D (Payment and Reporting Schedule). All required reports or other work products developed pursuant to the Master Contract must be completed as provided by the agreed upon work schedule in a manner satisfactory and acceptable to the State Agency in order for the Contractor to be eligible for payment. Contract Number:# C1000970 Page 13 of 25, Master Contract for Grants-Standard Terms and Conditions 2. Consistent with the selected reporting options in Attachment D (Payment and Reporting Schedule), the Contractor shall comply with the following applicable provisions: a) If the Expenditure Based Reports option is indicated in Attachment D (Payment and Reporting Schedule), the Contractor shall provide the State Agency with one or more of the following reports as required by the following provisions and Attachment D (Payment and Reporting Schedule) as applicable: (i) Narrative/Qualitative Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D (Payment and Reporting Schedule), a report, in narrative form, summarizing the services rendered during the quarter. This report shall detail how the Contractor has progressed toward attaining the qualitative goals enumerated in Attachment C (Work Plan). This report should address all goals and objectives of the project and include a discussion of problems encountered and steps taken to solve them. (ii) Statistical/Quantitative Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D (Payment and Reporting Schedule), a detailed report analyzing the quantitative aspects of the program plan, as appropriate (e.g., number of meals served, clients transported, patient/client encounters, procedures performed, training sessions conducted,etc.) (iii) Expenditure Report: The Contractor shall submit, on a quarterly basis, not later than the time period listed in Attachment D (Payment and Reporting Schedule), a detailed expenditure report, by object of expense. This report shall accompany the voucher submitted for such period. (iv) Final Report: The Contractor shall submit a final report as required by the Master Contract, not later than the time period listed in Attachment D (Payment and Reporting Schedule) which reports on all aspects of the program and detailing how the use of funds were utilized in achieving the goals set forth in Attachment C (Work Plan). (v) Consolidated Fiscal Report(CFR): The Contractor shall submit a CFR, which includes a year-end cost report and final claim not later than the time period listed in Attachment D (Payment and Reporting Schedule). b) If the Performance-Based Reports option is indicated in Attachment D (Payment and Reporting Schedule), the Contractor shall provide the State Agency with the following reports as required by the following provisions and Attachment D (Payment and Reporting Schedule) as applicable: (i) Progress Report: The Contractor shall provide the State Agency with a written progress report using the forms and formats as provided by the State Agency, summarizing the work performed during the period. These reports shall detail the Contractor's progress toward attaining the specific goals enumerated in Attachment C (Work Plan). Progress reports shall be submitted in a format prescribed in the Master Contract. Contract Number:# C1000970 Page 14 of 25,Master Contract for Grants-Standard Terms and Conditions (ii) Final Progress Report: Final scheduled payment is due during the time period set forth in Attachment D (Payment and Reporting Schedule). The deadline for submission of the final report shall be the date set forth in Attachment D (Payment and Reporting Schedule). The State Agency shall complete its audit and notify the Contractor of the results no later than the date set forth in Attachment D (Payment and Reporting Schedule). Payment shall be adjusted by the State Agency to reflect only those services/expenditures that were made in accordance with the Master Contract. The Contractor shall submit a detailed comprehensive final progress report not later than the date set forth in Attachment D (Payment and Reporting Schedule), summarizing the work performed during the entire Contract Term (i.e., a cumulative report), in the forms and formats required. 3. In addition to the periodic reports stated above, the Contractor may be required (a) to submit such other reports as are required in Table 1 of Attachment D (Payment and Reporting Schedule), and (b) prior to receipt of final payment under the Master Contract, to submit one or more final reports in accordance with the form, content, and schedule stated in Table I of Attachment D (Payment and Reporting Schedule). H. Notification of Significant Occurrences: 1. If any specific event or conjunction of circumstances threatens the successful completion of this project, in whole or in part, including where relevant, timely completion of milestones or other program requirements, the Contractor agrees to submit to the State Agency within three (3) calendar days of becoming aware of the occurrence or of such problem, a written description thereof together with a recommended solution thereto. 2. The Contractor shall immediately notify in writing the program manager assigned to the Master Contract of any unusual incident, occurrence, or event that involves the staff, volunteers, directors or officers of the Contractor, any subcontractor or program participant funded through the Master Contract, including but not limited to the following: death or serious injury; an arrest or possible criminal activity that could impact the successful completion of this project; any destruction of property; significant damage to the physical plant of the Contractor; or other matters of a similarly serious nature. IV. ADDITIONAL CONTRACTOR OBLIGATIONS,REPRESENTATIONS AND WARRANTIES A. Contractor as an Independent Contractor/Employees: 1. The State and the Contractor agree that the Contractor is an independent contractor, and not an employee of the State and may neither hold itself out nor claim to be an officer, employee, or subdivision of the State nor make any claim, demand, or application to or for any right based upon any different status. The Contractor shall be solely responsible for the recruitment, hiring, provision of employment benefits, payment of salaries and management of its project personnel. These functions shall be carried out in accordance with the provisions of the Master Contract, and all applicable Federal and State laws and regulations. 2. The Contractor warrants that it, its staff, and any and all subcontractors have all the necessary licenses, approvals, and certifications currently required by the laws of any applicable local, state, or Federal government to perform the services or work, as applicable, pursuant to the Contract Number:# C1000970 Page 15 of 25,Master Contract for Grants-Standard Terms and Conditions Master Contract and/or any subcontract entered into under the Master Contract. The Contractor further agrees that such required licenses, approvals, and certificates shall be kept in full force and effect during the term of the Master Contract, or any extension thereof, and to secure any new licenses, approvals, or certificates within the required time frames and/or to require its staff and subcontractors to obtain the requisite licenses, approvals, or certificates. In the event the Contractor, its staff, and/or subcontractors are notified of a denial or revocation of any license, approval, or certification to perform the services or work, as applicable, under the Master Contract, Contractor shall immediately notify the State. B. Subcontractors: 1. If the Contractor enters into subcontracts for the performance of work pursuant to the Master Contract, the Contractor shall take full responsibility for the acts and omissions of its subcontractors. Nothing in the subcontract shall impair the rights of the State under the Master Contract. No contractual relationship shall be deemed to exist between the subcontractor and the State. 2. The Contractor agrees not to enter into any subcontracts, or revisions to subcontracts, that are in excess of $100,000 for the performance of the obligations contained herein until it has received the prior written permission of the State, which shall have the right to review and approve each and every subcontract in excess of$100,000 prior to giving written permission to the Contractor to enter into the subcontract. All agreements between the Contractor and subcontractors shall be by written contract, signed by individuals authorized to bind the parties. All such subcontracts shall contain provisions for specifying (1) that the work performed by the subcontractor must be in accordance with the terms of the Master Contract, (2) that nothing contained in the subcontract shall impair the rights of the State under the Master Contract, and (3) that nothing contained in the subcontract, nor under the Master Contract, shall be deemed to create any contractual relationship between the subcontractor and the State. In addition, subcontracts shall contain any other provisions which are required to be included in subcontracts pursuant to the terms herein. 3. Prior to executing a subcontract, the Contractor agrees to require the subcontractor to provide to the State the information the State needs to determine whether a proposed subcontractor is a responsible vendor. 4. When a subcontract equals or exceeds $100,000, the subcontractor must submit a Vendor Responsibility Questionnaire (Questionnaire). 5. When a subcontract is executed, the Contractor must provide detailed subcontract information (a copy of subcontract will suffice) to the State within fifteen (15) calendar days after execution. The State may request from the Contractor copies of subcontracts between a subcontractor and its subcontractor. 6. The Contractor shall require any and all subcontractors to submit to the Contractor all financial claims for Services or work to the State agency, as applicable, rendered and required supporting documentation and reports as necessary to permit Contractor to meet claim deadlines and documentation requirements as established in Attachment D (Payment and Reporting Schedule) and Section III. Subcontractors shall be paid by the Contractor on a timely basis after submitting the required reports and vouchers for reimbursement of services or work, as Contract Number-# C1000970 Page 16 of 25,Master Contract for Grants-Standard Terms and Conditions applicable. Subcontractors shall be informed by the Contractor of the possibility of non-payment or rejection by the Contractor of claims that do not contain the required information, and/or are not received by the Contractor by said due date. C. Use Of Material, Equipment, Or Personnel: 1. The Contractor shall not use materials, equipment, or personnel paid for under the Master Contract for any activity other than those provided for under the Master Contract, except with the State's prior written permission. 2. Any interest accrued on funds paid to the Contractor by the State shall be deemed to be the property of the State and shall either be credited to the State at the close-out of the Master Contract or, upon the written permission of the State, shall be expended on additional services or work, as applicable, provided for under the Master Contract. D. Property: 1. Property is real property, equipment, or tangible personal property having a useful life of more than one year and an acquisition cost of$1,000 or more per unit. a) If an item of Property required by the Contractor is available as surplus to the State, the State at its sole discretion, may arrange to provide such Property to the Contractor in lieu of the purchase of such Property. b) If the State consents in writing, the Contractor may retain possession of Property owned by the State, as provided herein, after the termination of the Master Contract to use for similar purposes. Otherwise, the Contractor shall return such Property to the State at the Contractor's cost and expense upon the expiration of the Master Contract. c) In addition, the Contractor agrees to permit the State to inspect the Property and to monitor its use at reasonable intervals during the Contractor's regular business hours. d) The Contractor shall be responsible for maintaining and repairing Property purchased or procured under the Master Contract at its own cost and expense. The Contractor shall procure and maintain insurance at its own cost and expense in an amount satisfactory to the State Agency, naming the State Agency as an additional insured, covering the loss, theft or destruction of such equipment. e) A rental charge to the Master Contract for a piece of Property owned by the Contractor shall not be allowed. f) The State has the right to review and approve in writing any new contract for the purchase of or lease for rental of Property (Purchase/Lease Contract) operated in connection with the provision of the services or work, as applicable, as specified in the Master Contract, if applicable, and any modifications, amendments, or extensions of an existing lease or purchase prior to its execution. If, in its discretion, the State disapproves of any Purchase/Lease Contract, then the State shall not be obligated to make any payments for such Property. Contract Number # C1000970 Page 17 of 25, Master Contract for Grants-Standard Terms and Conditions g) No member, officer, director or employee of the Contractor shall retain or acquire any interest, direct or indirect, in any Property, paid for with funds under the Master Contract, nor retain any interest, direct or indirect, in such, without full and complete prior disclosure of such interest and the date of acquisition thereof, in writing to the Contractor and the State. 2. For non-Federally-funded contracts, unless otherwise provided herein, the State shall have the following rights to Property purchased with funds provided under the Master Contract: a) For cost-reimbursable contracts, all right, title and interest in such Property shall belong to the State. b) For performance-based contracts, all right, title and interest in such Property shall belong to the Contractor. 3. For Federally funded contracts, title to Property whose requisition cost is borne in whole or in part by monies provided under the Master Contract shall be governed by the terms and conditions of Attachment A-2 (Federally Funded Grants). 4. Upon written direction by the State, the Contractor shall maintain an inventory of all Property that is owned by the State as provided herein. 5. The Contractor shall execute any documents which the State may reasonably require to effectuate the provisions of this section. E. Records and Audits: 1. General: a) The Contractor shall establish and maintain, in paper or electronic format, complete and accurate books, records, documents, receipts, accounts, and other evidence directly pertinent to its performance under the Master Contract (collectively, Records). b) The Contractor agrees to produce and retain for the balance of the term of the Master Contract, and for a period of six years from the later of the date of(i) the Master Contract and (ii) the most recent renewal of the Master Contract, any and all Records necessary to substantiate upon audit, the proper deposit and expenditure of funds received under the Master Contract. Such Records may include, but not be limited to, original books of entry (e.g., cash disbursements and cash receipts journal), and the following specific records (as applicable) to substantiate the types of expenditures noted: (i) personal service expenditures: cancelled checks and the related bank statements,time and attendance records, payroll journals, cash and check disbursement records including copies of money orders and the like, vouchers and invoices, records of contract labor, any and all records listing payroll and the money value of non-cash advantages provided to employees, time cards, work schedules and logs, employee personal history folders, detailed and general ledgers, sales records, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. Contract Number.# C1000970 Page 18 of 25, Master Contract for Grants-Standard Terms and Conditions (ii) payroll taxes and fringe benefits: cancelled checks, copies of related bank statements, cash and check disbursement records including copies of money orders and the like, invoices for fringe benefit expenses, miscellaneous reports and returns (tax and otherwise), and cost allocation plans, if applicable. (iii) non-personal services expenditures: original invoices/receipts, cancelled checks and related bank statements, consultant agreements, leases, and cost allocation plans, if applicable. (iv) receipt and deposit of advance and reimbursements: itemized bank stamped deposit slips, and a copy of the related bank statements. c) The OSC, AG and any other person or entity authorized to conduct an examination, as well as the State Agency or State Agencies involved in the Master Contract that provided funding, shall have access to the Records during the hours of 9:00 a.m. until 5:00 p.m., Monday through Friday (excluding State recognized holidays), at an office of the Contractor within the State of New York or, if no such office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the purposes of inspection, auditing and copying. d) The State shall protect from public disclosure any of the Records which are exempt from disclosure under Section 87 of the Public Officers Law provided that: (i) the Contractor shall timely inform an appropriate State official, in writing, that said records should not be disclosed; and (ii) said records shall be sufficiently identified; and (iii) designation of said records, as exempt under Section 87 of the Public Officers Law, is reasonable. e) Nothing contained herein shall diminish, or in any way adversely affect, the State's rights in connection with its audit and investigatory authority or the State's rights in connection with discovery in any pending or future litigation. 2. Cost Allocation: a) For non-performance based contracts, the proper allocation of the Contractor's costs must be made according to a cost allocation plan that meets the requirements of OMB Circulars A- 87, A-122, and/or A-21. Methods used to determine and assign costs shall conform to generally accepted accounting practices and shall be consistent with the method(s) used by the Contractor to determine costs for other operations or programs. Such accounting standards and practices shall be subject to approval of the State. b) For performance based milestone contracts, or for the portion of the contract amount paid on a performance basis, the Contractor shall maintain documentation demonstrating that milestones were attained. 3. Federal Funds: For records and audit provisions governing Federal funds, please see Attachment A-2 (Federally Funded Grants). F. Confidentiality: The Contractor agrees that it shall use and maintain information relating to individuals who may receive services, and their families pursuant to the Master Contract, or any other information, data or records deemed confidential by the State (Confidential Information) only Contract Number: # C1000970 Page 19 of 25,Master Contract for Grants-Standard Terms and Conditions for the limited purposes of the Master Contract and in conformity with applicable provisions of State and Federal law. The Contractor(i) has an affirmative obligation to safeguard any such Confidential Information from unnecessary or unauthorized disclosure and (ii) must comply with the provisions of the New York State Information Security Breach and Notification Act (General Business Law Section 899-aa; State Technology Law Section 208). G. Publicity: 1. Publicity includes, but is not limited to: news conferences; news releases; public announcements; advertising; brochures; reports; discussions or presentations at conferences or meetings; and/or the inclusion of State materials, the State's name or other such references to the State in any document or forum. Publicity regarding this project may not be released without prior written approval from the State. 2. Any publications, presentations or announcements of conferences, meetings or trainings which are funded in whole or in part through any activity supported under the Master Contract may not be published, presented or announced without prior approval of the State. Any such publication, presentation or announcement shall: a) Acknowledge the support of the State of New York and, if funded with Federal funds, the applicable Federal funding agency; and b) State that the opinions, results, findings and/or interpretations of data contained therein are the responsibility of the Contractor and do not necessarily represent the opinions, interpretations or policy of the State or if funded with Federal funds, the applicable Federal funding agency. 3. Notwithstanding the above, the Contractor may submit for publication, scholarly or academic publications that derive-from activity under the Master Contract (but are not deliverable under the Master Contract), provided that the Contractor first submits such manuscripts to the State forty-five (45) calendar days prior to submission for consideration by a publisher in order for the State to review the manuscript for compliance with confidentiality requirements and restrictions and to make such other comments as the State deems appropriate. All derivative publications shall follow the same acknowledgments and disclaimer as described in Section V(G)(2) (Publicity) hereof. H. Web-Based Applications-Accessibility: Any web-based intranet and Internet information and applications development, or programming delivered pursuant to the Master Contract or procurement shall comply with New York State Enterprise IT Policy NYS-P08-005, Accessibility Web-Based Information and Applications, and New York State Enterprise IT Standard NYS-S08- 005, Accessibility of Web-Based Information Applications, as such policy or standard may be amended, modified or superseded, which requires that State Agency web-based intranet and Internet information and applications are accessible to person with disabilities. Web content must conform to New York State Enterprise IT Standards NYS-S08-005, as determined by quality assurance testing. Such quality assurance testing shall be conducted by the State Agency and the results of such testing must be satisfactory to the State Agency before web content shall be considered a qualified deliverable under the Master Contract or procurement. Contract Number.# C1000970 Page 20 of 25, Master Contract for Grants-Standard Terms and Conditions I. Non-Discrimination Requirements: Pursuant to Article 15 of the Executive Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non- discrimination provisions, the Contractor and sub-contractors will not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex (including gender expression), national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that the Master Contract shall be performed within the State of New York, the Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the Master Contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, the Contractor agrees that neither it nor its subcontractors shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under the Master Contract. The Contractor shall be subject to fines of$50.00 per person per day for any violation of Section 220-e or Section 239 of the Labor Law. J. Equal Opportunities for Minorities and Women; Minority and Women Owned Business Enterprises: In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if the Master Contract is: (i) a written agreement or purchase order instrument, providing for a total expenditure in excess of$25,000.00, whereby a contracting State Agency is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished to the contracting State Agency; or (ii) a written agreement in excess of $100,000.00 whereby a contracting State Agency is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon; or (iii) a written ,agreement in excess of $100,000.00 whereby the owner of a State assisted housing project is committed to expend or does expend funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and improvements thereon for such project, then the Contractor certifies and affirms that (i) it is subject to Article 15-A of the Executive Law which includes, but is not limited to, those provisions concerning the maximizing of opportunities for the participation of minority and women- owned business enterprises and (ii) the following provisions shall apply and it is Contractor's equal employment opportunity policy that: 1. The Contractor shall not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability or marital status; 2. The Contractor shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force on State contracts; 3. The Contractor shall undertake or continue existing programs of affirmative action to ensure that minority group members and women are afforded equal employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job assignment, Contract Number: # C1000970 Page 21 of 25.Master Contract for Grants-Standard Terms and Conditions promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation; 4. At the request of the State, the Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union or representative shall not discriminate on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or representative shall affirmatively cooperate in the implementation of the Contractor's obligations herein; and 5. The Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the State contract, all qualified applicants shall be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. The Contractor shall include the provisions of subclauses 1 — 5 of this Section (IV)(J), in every subcontract over $25,000.00 for the construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements thereon (Work) except where the Work is for the beneficial use of the Contractor. Section 312 of the Executive Law does not apply to: (i) work, goods or services unrelated to the Master Contract; or(ii) employment outside New York State. The State shall consider compliance by the Contractor or a subcontractor with the requirements of any Federal law concerning equal employment opportunity which effectuates the purpose of this section. The State shall determine whether the imposition of the requirements of the provisions hereof duplicate or conflict with any such Federal law and if such duplication or conflict exists, the State shall waive the applicability of Section 312 of the Executive Law to the extent of such duplication or conflict. The Contractor shall comply with all duly promulgated and lawful rules and regulations of the Department of Economic Development's Division of Minority and Women's Business Development pertaining hereto. K. Omnibus Procurement Act of 1992: It is the policy of New York State to maximize opportunities for the participation of New York State business enterprises, including minority and women-owned business enterprises, as bidders, subcontractors and suppliers on its procurement contracts. 1. If the total dollar amount of the Master Contract is greater than $1 million, the Omnibus Procurement Act of 1992 requires that by signing the Master Contract, the Contractor certifies the following: a) The Contractor has made reasonable efforts to encourage the participation of State business enterprises as suppliers and subcontractors, including certified minority and women- owned business enterprises, on this project, and has retained the documentation of these efforts to be provided upon request to the State; b) The Contractor has complied with the Federal Equal Opportunity Act of 1972 (P.L. 92- 261), as amended; c) The Contractor agrees to make reasonable efforts to provide notification to State residents of employment opportunities on this project through listing any such positions with the Job Service Division of the New York State Department of Labor, or providing such notification Contract Number:# C1000970 Page 22 of 25,Master Contract for Grants-Standard Terms and Conditions in such manner as is consistent with existing collective bargaining contracts or agreements. The Contractor agrees to document these efforts and to provide said documentation to the State upon request; and d) The Contractor acknowledges notice that the State may seek to obtain offset credits from foreign countries as a result of the Master Contract and agrees to cooperate with the State in these efforts. L. Workers' Compensation Benefits: 1. In accordance with Section 142 of the State Finance Law, the Master Contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of the Master Contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law. 2. If a Contractor believes they are exempt from the Workers Compensation insurance requirement they must apply for an exemption. M. Unemployment Insurance Compliance: The Contractor shall remain current in both its quarterly reporting and payment of contributions or payments in lieu of contributions, as applicable, to the State Unemployment Insurance system as a condition of maintaining this grant. The Contractor hereby authorizes the State Department of Labor to disclose to the State Agency staff only such information as is necessary to determine the Contractor's compliance with the State Unemployment Insurance Law. This includes, but is not limited to, the following: 1. any records of unemployment insurance (UI) contributions, interest, and/or penalty payment arrears or reporting delinquency; 2. any debts owed for UI contributions, interest, and/or penalties; 3. the history and results of any audit or investigation; and 4. copies of wage reporting information. Such disclosures are protected under Section 537 of the State Labor Law, which makes it a misdemeanor for the recipient of such information to use or disclose the information for any purpose other than the performing due diligence as a part of the approval process for the Master Contract. N. Vendor Responsibility: 1. If a Contractor is required to complete a Questionnaire, the Contractor covenants and represents that it has, to the best of its knowledge, truthfully, accurately and thoroughly completed such Questionnaire. Although electronic filing is preferred, the Contractor may obtain a paper form from the OSC prior to execution of the Master Contract. The Contractor further covenants and represents that as of the date of execution of the Master Contract, there are no material events, omissions, changes or corrections to such document requiring an amendment to the Questionnaire. Contract Number- # C1000970 Page 23 of 25,Master Contract for Grants-Standard Terms and Conditions 2. The Contractor shall provide to the State updates to the Questionnaire if any material event(s) occurs requiring an amendment or as new information material to such Questionnaire becomes available. 3. The Contractor shall, in addition, promptly report to the State the initiation of any investigation or audit by a governmental entity with enforcement authority with respect to any alleged violation of Federal or state law by the Contractor, its employees, its officers and/or directors in connection with matters involving, relating to or arising out of the Contractor's business. Such report shall be made within five (5) business days following the Contractor becoming aware of such event, investigation, or audit. Such report may be considered by the State in making a Determination of Vendor Non-Responsibility pursuant to this section. 4. The State reserves the right, in its sole discretion, at any time during the term of the Master Contract: a) to require updates or clarifications to the Questionnaire upon written request; b) to inquire about information included in or required information omitted from the Questionnaire; c) to require the Contractor to provide such information to the State within a reasonable timeframe; and d) to require as a condition precedent to entering into the Master Contract that the Contractor agree to such additional conditions as shall be necessary to satisfy the State that the Contractor is, and shall remain, a responsible vendor; and e) to require the Contractor to present evidence of its continuing legal authority to do business in New York State, integrity, experience, ability, prior performance, and organizational and financial capacity. By signing the Master Contract, the Contractor agrees to comply with any such additional conditions that have been made a part of the Master Contract. 5. The State, in its sole discretion, reserves the right to suspend any or all activities under the Master Contract, at any time, when it discovers information that calls into question the responsibility of the Contractor. In the event of such suspension, the Contractor shall be given written notice outlining the particulars of such suspension. Upon issuance of such notice, the Contractor must comply with the terms of the suspension order. Contract activity may resume at such time as the State issues a written notice authorizing a resumption of performance under the Master Contract. 6. The State, in its sole discretion, reserves the right to make a final Determination of Non- Responsibility at any time during the term of the Master Contract based on: a) any information provided in the Questionnaire and/or in any updates, clarifications or amendments thereof, or b) the State's discovery of any material information which pertains to the Contractor's responsibility. Contract Number: # C1000970 Page 24 of 25, Master Contract for Grants-Standard Terms and Conditions 7. Prior to making a final Determination of Non-Responsibility, the State shall provide written notice to the Contractor that it has made a preliminary determination of non- responsibility. The State shall detail the reason(s) for the preliminary determination, and shall provide the Contractor with an opportunity to be heard. O. Charities Registration: If applicable, the Contractor agrees to (i) obtain not-for-profit status, a Federal identification number, and a charitable registration number (or a declaration of exemption) and to furnish the State Agency with this information as soon as it is available, (ii) be in compliance with the OAG charities registration requirements at the time of the awarding of this Master Contract by the State and (iii) remain in compliance with the OAG charities registration requirements throughout the term of the Master Contract. P. Consultant Disclosure Law:9 If this is a contract for consulting services, defined for purposes of this requirement to include analysis, evaluation, research, training, data processing, computer programming, engineering, environmental, health, and mental health services, accounting, auditing, paralegal, legal, or similar services, then in accordance with Section 163 (4-g) of the State Finance Law (as amended by Chapter 10 of the Laws of 2006), the Contractor shall timely, accurately and properly comply with the requirement to submit an annual employment report for the contract to the agency that awarded the contract, the Department of Civil Service and the State Comptroller. Q. Wage and Hours Provisions: If this is a public work contract covered by Article 8 of the Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be condition precedent to payment by the State of any State approved sums due and owing for work done upon the project. Not applicable to not-for-profit entities. Contract Number•# C1000970 Page 25 of 25, Master Contract for Grants-Standard Terms and Conditions ATTACHMENT A-1 AGENCY AND PROGRAM SPECIFIC TERMS AND CONDITIONS I. Agency Specific Clauses (revised 3/20/17) For the purposes of this Agreement, the terms "State" and "Department" are interchangeable, unless the context requires otherwise. In addition, the terms "Agreement" and "Contract" are interchangeable, unless the context requires otherwise. A. Project Timetable The Contractor agrees to proceed expeditiously with the Project and to complete the Project in accordance with any timetable associated therewith as set forth in the Work Plan (Attachment C) as well as with the conditions of any applicable permits, administrative orders, or judicial orders and this Agreement. B. Budget Modifications Prior DOS written approval, which requires a detailed breakdown and justification, is required for all requests for budget modifications, regardless of the amount of the modification. Additional approvals will be required when modifications exceed thresholds described below. Any proposed modification to a contract that will result in a transfer of funds among program activities or budget cost categories, but does not affect the amount, consideration, scope or other terms of such contracts must be submitted to DOS for submission to the Office of State Comptroller for approval when: 1. The amount of the modification is equal to or greater than ten percent of the total value of the contract for contracts of less than five million dollars; or 2. The amount of the modification is equal to or greater than five percent of the total value of the contract for contracts of more than five million dollars. C. License to Use and Reproduce Documents, Intellectual Property and Other Works: By acceptance of this Agreement, Contractor transfers to the Department a perpetual, transferable nonexclusive license to use, reproduce in any medium, and distribute, for any purpose, any intellectual property or other work purchased, developed or prepared for or in connection with the Project using funding provided pursuant to this Contract, including but not limited to reports, maps, designs, plans, analysis, and documents regardless of the medium in which they are originally produced. Contractor warrants to the Department that it has sufficient title or interest in such works to license pursuant to this Agreement, and further agrees and warrants that it shall not enter into any subcontract or other agreement purporting to limit such title or interest in such works in any manner that may compromise Contractor's ability to provide the aforesaid license to the Department. Such warranties shall survive the termination of this agreement. Contractor agrees to provide the original of each such work, or a copy thereof which is acceptable to the Department, to the Department before payments shall be made under this Agreement. D. Property The ownership of all property or intellectual property described herein and purchased, developed or prepared under the terms of this Contract shall reside with the Contractor with a reversionary interest in such property or intellectual property held by the Department, unless otherwise authorized or directed in Contract Number: #C1000970 Page 1 of 20, Attachment A-1 —Program Specific Terms and Conditions writing by the Department. Except as otherwise provided in Section II.C.4 of the Standard Terms and Conditions, Contractor shall retain ownership of such property or intellectual property after the term of this Contract so long as such property or intellectual property is used for purposes similar to those contemplated . by this Contract. Otherwise, the Contractor shall return such property or intellectual property to the Department at the Contractor's cost and expense, and Contractor's ownership interests, rights and title in such property or intellectual property shall revert to the Department. The ownership of all property purchased with federal funds provided pursuant to this Agreement, however, shall be governed by the terms of applicable federal law and OMB Circulars , including but not limited to 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards," as amended. E. Termination The Department may terminate the Agreement in accordance with the terms and conditions set forth in the Master Grant Contract section of this Agreement. In addition to other reserved rights it has to terminate this Agreement, the Department may terminate or suspend the Agreement under the following circumstances: 1. The Contractor shall complete the project as set forth in this Agreement, and failure to render satisfactory progress or to complete the project to the satisfaction of the State may be deemed an abandonment of the project and may cause the suspension or termination of any obligation of the State. In the event the Contractor should be deemed to have abandoned the project for any reason or cause other than a national emergency or an Act of God, all monies paid to the Contractor by the State and not expended in accordance with this Agreement shall be repaid to the State upon demand. If such monies are not repaid within one year after such demand, the State Comptroller of the State of New York may cause to be withheld from the Contractor any State assistance to which the Contractor would otherwise be entitled in an amount equal to the monies demanded. 2. In the event that the Department has provided written notice to the Contractor directing that the Contractor correct any failure to comply with this Agreement, the Department reserves the right to direct that the Contractor suspend all work during a period of time to be determined by the Department. If the Contractor does not correct such failures during the period provided for in the notice, this Agreement shall be deemed to be terminated after expiration of such time period. During any such suspension, the Contractor agrees not to incur any new obligations after receipt of the notice without approval by the Department. 3. If the Department determines the Contractor has breached a term of the Agreement and if the Department determines the defect can be remedied, it may, in its sole discretion, issue a written notice providing the Contractor with a minimum of 30 days to correct the defect and the notice may include a prospective termination date. If the Contractor fails to correct the defect or fails to make a good faith effort to do so as determined by the Department to the Department's satisfaction, the Department may terminate the Agreement for cause. 4. The Department shall also have the right to postpone or suspend the Agreement or deem it abandoned without this action being a breach of the Agreement. The Department shall provide written notice to the Contractor indicating the Agreement has been postponed, suspended or abandoned. During any postponement, suspension or abandonment the Contractor agrees not to do any work under the Agreement without prior written approval of the Department. 5. In the event the Agreement is postponed, suspended, abandoned or terminated, the Department shall make a settlement with the Contractor upon an equitable basis in good faith and under the general Contract Number: #C1000970 Page 2 of 20,Attachment A-1 —Program Specific Terms and Conditions compensation principles and rates established in the Agreement by the Department. This settlement shall fix the value of the work which was performed by the Contractor to the Department's satisfaction prior to the postponement, suspension, abandonment or termination of the Agreement. 6. Any funds paid to the Contractor by the Department which are not expended under the terms of the Agreement shall be repaid to the Department. F. Subcontracting Requirements 1. Contractor agrees that it shall not enter into any subcontract for the performance of work in furtherance of this Contract with any subcontractor that at the time of contracting: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.ny.us/EDList/searchPage.do); (2) is listed as an entity debarred from federal contracts (available at: https://www.sam. og_v/i)ortal/public/SAM); or (3) fails to possess requisite workers compensation and disability insurance coverage (see http://www.wcb.ny.gov). In addition, Contractor agrees that it shall immediately suspend or terminate any subcontract entered into for the performance of work in furtherance of this Contract if at any time during the term of such subcontract the subcontractor: (1) is listed on the New York State Department of Labor's list of companies with which New York State cannot do business (available at https://dbr.labor.state.nv.us/EDList/searchPage,do); (2) is listed as an entity debarred from federal contracts (list available at: https://www.sam.gov/portal/public/SAM); or (3) fails to maintain requisite workers compensation or disability insurance coverage (see http://www.wov). Contractor agrees that any such suspension shall remain in place until the condition giving rise to the suspension is corrected by the subcontractor. The terms of this clause shall be incorporated in any and all subcontracts entered into in furtherance of this Contract. 2. The Contractor's use of subcontractors shall not diminish the Contractor's obligations to complete the Work in accordance with the Contract. The Contractor shall control and coordinate the Work of its subcontractors. 3. The Contractor shall be responsible for informing its subcontractors of all the terms, conditions and requirements of the Contract Documents including, but not limited to the terms of the Master Grant Contract, any and all Appendices, and any changes made by amendments thereto, and ensuring that any and all subcontracts entered into in furtherance of this Contract conform to and do not conflict with such terms. 4. Contractor shall file each and every subcontract entered into in furtherance of this Contract with the Department of State no later than fifteen (15) calendar days following the signing of the subcontract, unless otherwise authorized or directed by the Department of State. 5. Notwithstanding the requirements of Section IV.13.2 of the Standard Terms and Conditions, the Department reserves the right to require, upon notice to the Contractor, that, commencing from the date of such notice or a date otherwise specified in such notice, Contractor must obtain written approval from the Department prior to entering into any and all subcontracts valued at or below $100,000 for the performance of any activities covered by this Contract (as provided for in Attachment Q. Contractor agrees to require any proposed subcontractors to timely provide to the Department such information as may be requested by the Department as necessary to assess whether the proposed subcontractor is a responsible entity capable of lawfully and satisfactorily performing the work. In the event the Department invokes this right of prior approval and a request for approval Contract Number: #CI000970 Page 3 of 20, Attachment A-I —Program Specific Terms and Conditions is submitted by Contractor and denied by the Department, Contractor agrees that it shall not enter into the proposed subcontract and that no costs associated with such subcontract shall be allowable under this Contract. G. Compliance with Procurement Requirements 1. All contracts by municipalities for service, labor, and construction involving not more than $35,000 and purchase contracts involving not more than $20,000 are subject to the requirements of General Municipal Law §104-b, which requires such contracts to comply with the procurement policies and procedures of the municipality involved. All such contracts shall be awarded after and in accordance with such municipal procedures, subject to the MWBE requirements as set forth in Section M and any additional requirements imposed by the State as set forth in Attachment C hereof. 2. The municipal attorney, chief legal officer or financial administrator of the Contractor shall certify to the Department of State that applicable public bidding procedures of General Municipal Law §103 were followed for all service, labor, and construction contracts involving more than $35,000 and all purchase contracts involving more than $20,000. In the case of contracts by municipalities service, labor, and construction contracts involving not more than $35,000 and purchase contracts involving not more than $20,000, the municipal attorney, chief legal officer or financial administrator shall certify that the procedures of the municipality established pursuant to General Municipal Law §104- b were fully complied with, in addition to the MWBE requirements as set forth in Section M of this Agreement and any additional requirements imposed by the State as set forth in Attachment C hereof. 3. For non-municipal entities such as community-based organizations, the chief legal officer or financial administrator of the Contractor shall certify to the State that alternative proposals and quotations for professional services were secured by use of written requests for proposals through a publicly advertised process satisfactory to meet the MWBE requirements set forth in Section M of this Agreement and to ensure the prudent and economical use of public funds for professional services of maximum quality at reasonable cost. H. Vendor Responsibility Determinations 1. A Vendor Responsibility Questionnaire and Certification is required for certain contracts. This Questionnaire is designed to provide information to assist the contracting agency in assessing a CONTRACTOR's responsibility, prior to entering into a contract, and must be completed and submitted electronically or returned with the contract. Contractor is invited to file the required Vendor Responsibility Questionnaire online via the New York State VendRep System or may choose to complete and submit a paper questionnaire. To enroll in and use the New York State VendRep System, see the VendRep System Instructions available at http://osc.state.ny.us/vendrep/index.htm or go directly to the VendRep System online at https://portal.osc.state.ny.us. For direct VendRep System user assistance, the Office of the State Comptroller's Help Desk may be reached at 866-370-4672 or 518-408-4672 or by email at helpdesk@osc.state.ny.us. Vendors opting to file a paper questionnaire can obtain the appropriate questionnaire from the VendRep website www.osc.state.ny.us/vendrep or may contact the Department of State or the Office of the State Comptroller's Help Desk for a copy of the paper form. 2. Contractor hereby acknowledges that the Vendor Responsibility Questionnaire (VRQ), as described in Section IV (N) of the Master Grant Contract, as well as any updated or amended version of the Contract Number: #C1000970 Page 4 of 20, Attachment A-I —Program Specific Terms and Conditions VRQ submitted during the term of this contract, or any contractor responsibility information that may be requested by the Department and submitted during the term of this contract, is made a part of this contract by reference hereto and that any misrepresentation of fact in the information submitted, may result in termination of this contract. During the term of this Contract, any changes in the information provided in the questionnaire shall be disclosed to the Department, in writing, in a timely manner. Failure to make such disclosure may result in a determination of non-responsibility and termination of the contract. I. State Attorney General Charities Registration In accordance with the Estates, Powers and Trust Law § 8-1.4 (s), the recipient certifies that it is in compliance with the requirements of Estate, Powers and Trusts Law sections 8-1.4 (d), (f), and (g), regarding organizations which administer property for charitable purposes registering and filing periodic reports (together with the appropriate filing fees) with the New York State Attorney General's Charities Bureau. This certification is a material representation of fact upon which reliance was placed by the Department of State in entering into this Agreement with the Contractor. The Contractor agrees that it will provide immediate written notice to the Department of State if at any time it learns that this certification was erroneous when made or has become erroneous by reason of changed circumstances. J. Records Access The Contractor shall make such records available for review by the Department upon request at any time. The Department shall have the right to conduct progress assessments and review books and records as necessary. The Department shall have the right to conduct an on-site review of the Project and/or books and records of the Contractor prior to, and for reasonable time following, issuance of the final payment. The Department shall be entitled to disallow any cost or expense, and/or terminate or suspend this Agreement, if the Contractor has misrepresented any expenditures or Project activities in its application to the Department, or in this Agreement, or in any progress reports or payment requests made pursuant hereto. The Contractor shall maintain such books and records in a manner so that reports can be produced therefrom in accordance with generally accepted accounting principles. The Contractor shall maintain separate financial books and records for all funds received through the Department pursuant to this Agreement. K. Notices Pursuant to Section J of the Master Grant Contract, notice hereunder shall be addressed as follows: 1. Notice to the State Name: Laurissa Garcia Title: Contract Management Specialist Agency/Division: Department of State, Office of Planning and Development Address: 99 Washington Avenue, Suite 1010 AIbany, NY 12231 Telephone Number: 518-486-9540 E-Mail Address: opdcontractsQa dos.ny.gov Contract Number: #C 1000970 Page 5 of 20,Attachment A-1 —Program Specific Terms and Conditions 2. Notice to the Contractor Name: Scott A. Russell Title: Supervisor Affiliation: Town of Southold Address: 53095 Main Road Southold, NY 11971 Telephone Number: 631-765-1889 E-Mail Address: scott.russell@a,town.southold.n.�us L. Limits on Administrative Expenses and Executive Compensation (19 NYCRR Part 144, incorporated herein by reference): 1. If Contractor is a "covered provider" within the meaning of 19 NYCRR § 144.3(d) at any time during the life of this Agreement, then during the period when Contractor is such a "covered provider": a. Contractor shall comply with the requirements set forth in 19 NYCRR Part 144, as amended; and b. Contractor's failure to comply with any applicable requirement of 19 NYCRR Part 144, as amended, including but not limited to the restrictions on allowable administrative expenses, the limits on executive compensation, and the reporting requirements, may be deemed a material breach of this Agreement and constitute a sufficient basis for, in the discretion of the Department, termination for cause, suspension for cause, or the reduction of funding provided pursuant to this Agreement. 2. Contractor shall include the following provision in any agreement with a subcontractor or agent receiving State funds or State-authorized payments from the Contractor to provide program or administrative services under this Agreement: [Name of subcontractor/agent] acknowledges that, pursuant to this Agreement, it is receiving "State funds" or "State-authorized payments" originating with, passed through, or approved by the New York State Department of State in order to provide program or administrative services on behalf of[Name of CONTRACTOR]. If at any time during the life of this Agreement[Name of subcontractor/agency] is a "covered provider" within the meaning of Section 144.3(d) of DOS regulations, [Name of subcontractor/agent] shall comply with the terms of 19 NYCRR Part 144, as amended. A failure to comply with 19 NYCRR Part 144, where applicable, may be deemed a material breach of this Agreement constituting a sufficient basis for suspension or termination for cause. The terms of 19 NYCRR Part 144, as amended, are incorporated herein by reference. M. Minority and Women Owned Business Participation Article 15-A of the New York State Executive Law, as amended, authorized the creation of a Division of Minority and Women's Business Development to promote employment and business opportunities on state contracts for minorities and women. This law supersedes any other provision in state law authorizing or requiring an equal employment opportunity program or a program for securing participation by minority and women-owned business enterprises. Under this statute, State agencies are charged with establishing business participation goals for minorities and women. The Department of State administers a Minority and Women-owned Business Enterprises (MWBE) Program as mandated by Article 15-A. Contract Number: #C1000970 Page 6 of 20,Attachment A-1 — Program Specific Terms and Conditions 1. General Provisions a. The Department of State is required to implement the provisions of New York State Executive Law Article 15-A and Parts 140-145 of Title 5, of the New York Codes, Rules and Regulations ("NYCRR") for all State contracts, as defined therein, with a value (1) in excess of$25,000 for labor, services, equipment, materials, or any combination of the foregoing or (2) in excess of $100,000 for real property renovations and construction. b. The Contractor to the subject contract (the "Contractor" and the "Contract," respectively) agrees, in addition to any other nondiscrimination provision of the Contract and at no additional cost to the New York State Department of State (the "Agency"), to fully comply and cooperate with the Agency in the implementation of New York State Executive Law Article 15-A and the regulations promulgated thereunder. These requirements include equal employment opportunities for minority group members and women ("EEO") and contracting opportunities for New York State-certified minority and women-owned business enterprises ("MWBEs"). The Contractor's demonstration of"good faith efforts" pursuant to 5 NYCRR §142.8 shall be a part of these requirements. These provisions shall be deemed supplementary to, and not in lieu of, the nondiscrimination provisions required by New York State Executive Law Article 15 (the "Human Rights Law") and other applicable federal, state, and local laws. Contractor agrees that the terms "MWBE," "MBE" and "WBE" as used herein, shall mean those MBE or WBE firms certified as such by the State pursuant to NY Executive Law Article 15-A and listed in the directory of New York State Certified MWBEs found at the following internet address: https:Hny.newnycontracts.com/FrontEndNendorSearchPublig.asp. c. Failure to comply with all of the requirements herein may result in a finding of non- responsiveness, non-responsibility and/or a breach of contract, leading to the assessment of liquidated damages pursuant to Section M(7) of this Attachment and such other remedies as are available to the Agency pursuant to the Contract and applicable law. 2. Contract Goals a. For purposes of this Contract, the Agency hereby establishes an overall goal of 30% for MWBE participation. The specific percentages for the New York State-certified Minority-Owned Business Enterprises ("MBE") participation and the New York State-certified Women-Owned Business Enterprises ("WBE") participation, (collectively, "MWBE Contract Goals"), are set forth in the Attachment B "Budget", based on the current availability of MBEs and WBEs. b. For purposes of providing meaningful participation by MWBEs on the Contract and achieving the MWBE Contract Goals established in Section 2(a) hereof, the Contractor should reference the directory of New York State Certified MWBEs found at the following internet address: https:Hny.newnycontracts.com/FrontEndNendorSearchPublig.asp. Additionally, the Contractor is encouraged to contact the Division of Minority and Women's Business Development at (212) 803-2414 to discuss additional methods of maximizing participation by MWBEs on the Contract. c. The Contractor understands that only sums paid to MWBEs for the performance of a commercially useful function, as that term is defined in 5 NYCRR § 140.1, may be applied towards the achievement of the applicable MWBE participation goal. The portion of a contract Contract Number: #C1000970 Page 7 of 20,Attachment A-1 —Program Specific Terms and Conditions with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be 25 percent of the total value of the broker's contract. FOR CONSTRUCTION CONTRACTS —The portion of a contract with an MWBE serving as a supplier that shall be deemed to represent the commercially useful function performed by the MWBE shall be 60 percent of the total value of the supplier's contract. The portion of a contract with an MWBE serving as a broker that shall be deemed to represent the commercially useful function performed by the MWBE shall be the monetary value for fees, or the markup percentage, charged by the MWBE. d. The Contractor must document "good faith efforts," pursuant to 5 NYCRR §142.8, to provide meaningful participation by MWBEs as subcontractors and suppliers in the performance of the Contract. Such documentation shall include, but not necessarily be limited to: 1) Evidence of outreach to MWBEs; 2) Any responses by MWBEs to the Contractor's outreach; 3) Copies of advertisements for participation by MWBEs in appropriate general circulation, trade, and minority or women-oriented publications; 4) The dates of attendance at any pre-bid, pre-award, or other meetings, if any, scheduled by the Agency with MWBEs; and, 5) Information describing specific steps undertaken by the Contractor to reasonably structure the Contract scope of work to maximize opportunities for MWBE participation. 3. Equal Employment Opportunity ("EEO") a. The provisions of Article 15-A §312 of the Executive Law and the rules and regulations promulgated thereunder pertaining to equal employment opportunities for minority group members and women shall apply to the Contract. b. In performing the Contract, the Contractor shall: 1) Ensure that each contractor and subcontractor performing work on the Contract shall undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. For these purposes, EEO shall apply in the areas of recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff, or termination and rates of pay or other forms of compensation. 2) The Contractor shall submit an EEO policy statement to the Agency within seventy two (72) hours after the date of the notice by Agency to award the Contract to the Contractor. 3) If the Contractor, or any of the subcontractors does not have an existing EEO policy statement, the Agency may require the Contractor or subcontractor to adopt a model statement (see Form A - Minority and Women-Owned Business Enterprises Equal Employment Opportunity Policy Statement). Contract Number: #C1000970 Page 8 of 20, Attachment A-1 —Program Specific Terms and Conditions 4) The Contractor's EEO policy statement shall include the following language: a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, disability or marital status, will undertake or continue existing EEO programs to ensure that minority group members and women are afforded equal employment opportunities without discrimination, and shall make and document its conscientious and active efforts to employ and utilize minority group members and women in its work force. b) The Contractor shall state in all solicitations or advertisements for employees that, in the performance of the contract, all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or marital status. c) The Contractor shall request each employment agency, labor union, or authorized representative of workers with which it has a collective bargaining or other agreement or understanding, to furnish a written statement that such employment agency, labor union, or representative will not discriminate on the basis of race, creed, color, national origin, sex age, disability or marital status and that such union or representative will affirmatively cooperate in the implementation of the Contractor's obligations herein. d) The Contractor will include the provisions of Subdivisions (a) through (c) of this Subsection 4 and Paragraph "e" of this section 3, which provides for relevant provisions of the Human Rights Law, in every subcontract in such a manner that the requirements of the subdivisions will be binding upon each subcontractor as to work in connection with the Contract. c. Form B - Staffing Plan If the total expenditure of this contract is in excess of$250,000, the following provision shall apply: The Contractor shall submit a staffing plan to document the composition of the proposed workforce to be utilized in the performance of the Contract by the specified categories listed, including ethnic background, gender, and Federal occupational categories. The Contractor shall complete the Staffing plan form and submit it as part of their proposal or within a reasonable time, as directed by the Department of State. d. Form C - Workforce Utilization Report 1) The Contractor shall submit a Workforce Utilization Report, and shall require each of its subcontractors to submit a Workforce Utilization Report, in such form as shall be required by the Agency on a monthly basis for construction contracts, and on a quarterly basis for all other contracts, during the term of the Contract. 2) Separate forms shall be completed by the Contractor and any subcontractors performing work on the Contract. 3) The Contractor shall comply with the provisions of the Human Rights Law, as well as all other State and Federal statutory and constitutional non-discrimination provisions. The Contract Number: #C1000970 Page 9 of 20, Attachment A-1 —Program Specific Terms and Conditions Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, creed (religion), color, sex, national origin, sexual orientation, military status, age, disability, predisposing genetic characteristic, marital status or domestic violence victim status, and shall also follow the requirements of the Human Rights Law with regard to non-discrimination on the basis of prior criminal conviction and prior arrest. 4. MWBE Utilization Plan a. The Contractor represents and warrants that the Contractor has submitted an MWBE Utilization Plan or shall submit an MWBE Utilization Plan at such time as shall be required by the Department of State through the New York State Contract System ("NYSCS"), which can be viewed at https:Hny.newnycontracts.com, provided, however, that the Contractor may arrange to provide such evidence via a non-electronic method to the Department of State, either prior to, or at the time of, the execution of the contract. b. The Contractor agrees to adhere to such MWBE Utilization Plan for the performance of the Contract. c. The Contractor further agrees that a failure to submit and/or adhere to such MWBE Utilization Plan shall constitute a material breach of the terms of the Contract. Upon the occurrence of such a material breach, the Agency shall be entitled to any remedy provided herein, including but not limited to, a finding that the Contractor is non-responsive. 5. Waivers a. If the Contractor, after making good faith efforts, is unable to achieve the MWBE Contract Goals stated herein, the Contractor may submit a request for a waiver through the NYSCS, or a non- electronic method provided by the Agency (use Form E - Waiver Request). Such waiver request must be supported by evidence of the Contractor's good faith efforts to achieve the maximum feasible MWBE participation towards the applicable MWBE Contract Goals. If the documentation included with the waiver request is complete, the Agency shall evaluate the request and issue a written notice of approval or denial within twenty (20) business days of receipt. b. If the Agency, upon review of the MWBE Utilization Plan, quarterly MWBE Contractor Compliance Reports described in Section 6, or any other relevant information, determines that the Contractor is failing or refusing to comply with the MWBE Contract Goals and no waiver has been issued in regards to such non-compliance, the Agency may issue a notice of deficiency to the Contractor. The Contractor must respond to the notice of deficiency within seven (7) business days of receipt. Such response may include a request for partial or total waiver of MWBE Contract Goals. 6. Quarterly MWBE Contractor Compliance Report. The Contractor is required to submit a Quarterly MWBE Contractor Compliance Report (Form F) to the Agency by the 10`h day following each end of quarter over the term of the Contract documenting the progress made towards achievement of the MWBE goals of the Contract. The Agency may require the Contractor to use the NYSCS to submit utilization plans, record payments to subcontractors and otherwise report compliance with the provisions of Article 15-A of Contract Number: #C1000970 Page 10 of 20,Attachment A-1 —Program Specific Terms and Conditions the Executive Law and regulations. Technical assistance can be obtained through the NYSCS website at https://ny.newnycontracts.com by clicking on the"Contact Us & Support" link. Questions regarding this program should be directed to the Department's Minority and Women- owned Business Program by calling (518) 473-3401. Potential contractors can access the NYS Directory of Certified Minority and Women-owned Business Enterprises on-line through the Empire State Development website at https://ny.newnycontracts.com/FrontEndNendorSearchPublic.asi). The Department makes no representation with respect to the availability or capability of any business listed in the Directory. 7. Liquidated Damages - MWBE Participation a. Where the Agency determines that the Contractor is not in compliance with the requirements of the Contract and the Contractor refuses to comply with such requirements, or if Contractor is found to have willfully and intentionally failed to comply with the MWBE participation goals, the Contractor shall be obligated to pay to the Agency liquidated damages. b. Such liquidated damages shall be calculated as an amount equaling the difference between: 1) All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2) All sums actually paid to MWBEs for work performed or materials supplied under the Contract. c. In the event a determination has been made which requires the payment of liquidated damages and such identified sums have not been withheld by the Agency, the Contractor shall pay such liquidated damages to the Agency within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women's Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process. N. Service-Disabled Veteran-Owned Businesses Participation Article 17-B of the Executive Law, enacted in 2014, authorized the creation of the Division of Service- Disabled Veterans' Business Development to promote participation of Service-Disabled Veteran-Owned Businesses (SDVOBs) in New York State contracting. The Service-Disabled Veteran-Owned Business Act recognizes the veterans' service to and sacrifice for our nation, declares that it is New York State's public policy to promote and encourage the continuing economic development of service-disabled veteran-owned businesses, and allows eligible Veteran business owners to become certified as a New York State Service-Disabled Veteran-Owned Business (SDVOB), in order to increase their participation in New York State's contracting opportunities. To this effect, the Department of State (DOS) has implemented a Veteran-Owned Businesses (SDVOB) Program, as mandated by Article 17-B. To comply with the SDVOB Program goals of 6%, the Department of State strongly encourages grantees to make every effort, to the maximum extent possible, to engage certified SDVOBs in the purchasing of commodities, services and technology in the performance of their contracts with the Department. If SDVOB utilization is obtained, a quarterly SDVOB utilization report should be Contract Number: #C1000970 Page 1 1 of 20, Attachment A-1 —Program Specific Terms and Conditions submitted to the Department with information of the utilization percentage achieved during that quarter. Contractor Reporting Forms are found at: https://ogs_ny.gov/Veterans/. The Division of Service-Disabled Veterans' Business Development (DSDVBD) is housed within the New York State Office of General Services (OGS), and maintains a directory of the NYS Certified SDVOBs. For assistance with engaging SDVOB vendors in your contracts, please contact the Division of Service-Disabled Veterans' Business Development at the following email address: VeteransDevelopment@ogs_ny.g_ov, or the DOS Division of Affirmative Action Programs—SDVOB Program at Maria.Herman@dos.ny.gov or Api.Ohouogdos.ny. ov. The directory of certified SDVOB vendors can be found at: https://ogs.ny.govNeterans/Docs/CertifiedNYS SDVOB.pdf. Contract Number: #C 1000970 Page 12 of 20, Attachment A-I —Program Specific Terms and Conditions II. Program Specific Clauses (revised 7/1/14) A. This Agreement has been entered into pursuant to the following understandings: 1. Title 11 of the Environmental Protection Fund Act provides for State assistance to municipalities for the State share of the cost of approved local waterfront revitalization projects as defined in the Act. 2. The Department of State (Department) is authorized by such Act to evaluate and determine eligibility of applications for funding of projects. 3. Based upon information, representations and certifications contained in Contractor's application for funding, including the Program Work Plan as set forth in Attachment C, the Department has made a determination of eligibility of funding for Contractor's project under such Act. 4. State funds (Funding Amount set forth on the Face Page) for this Project (Attachment C Program Work Plan) are provided pursuant to a reappropriation of funds originally made by Title 11 of the Environmental Protection Fund Act. 5. The Contractor shall request payment and reimbursement of eligible and supportable costs incurred under this Agreement, on an interim basis, and each such payment request will be processed by the Department in accordance with relevant provisions set forth herein, together with the following terms: a. The Department, upon approving each payment request, shall make an interim payment for eligible and supportable costs incurred by the Contractor. b. The final payment request will not be processed by the Department prior to satisfactory completion of the Project. c. The Department can withhold the final 10% of the total amount that may be funded by the State in accordance with this Agreement, until the satisfactory completion of the Project. 6. No liabilities are to be incurred beyond the contract period and no costs will be reimbursed for such liabilities unless: 1) funds have been reappropriated for the Project in the subsequent State fiscal year, 2) the Department determines that it is in the best interest of the Department and the State to provide additional time to complete the Project and 3) an extension agreement is approved in accordance with Section IA. of the Agreement. 7. Subject to the availability of funds, determination by the Department that it is in the best interest of the State, and upon mutual written consent of the parties, the State may provide a no-cost time extension for up to two contract periods not to exceed twelve months each. The parties shall revise or complete the appropriate appendix form(s), which may be subject to approval of the Office of the State Comptroller. 8. The Contractor has demonstrated its ability to finance its share of the Project and has agreed to fund its portion of the cost of the Project. 9. The Contractor shall submit with its request for final payment a Final Project Summary Report and a final Project Status Report on forms prescribed by the Department. Contract Number: #C 1000970 Page 13 of 20,Attachment A-1 —Program Specific Terms and Conditions 10. The Contractor shall submit a Project Status Report, on a form prescribed by the Department, on a semi-annual basis for the periods ending June 30 and December 31. Reports are due no later than 30 days following the end of each reporting period. B. Additional Requirements for Construction Projects 1. Project design, including preparation of final plans and specifications, and supervision of construction shall be undertaken by a qualified architect and/or engineer licensed to practice in the State of New York. The Contractor shall submit final plans and specifications to the Department for its acceptance before initiating construction work or, if the Contractor intends to subcontract for construction work, before the work is advertised for bidding. No change to project plans may be made without the prior written approval of the Department. The Contractor shall also be responsible for erecting a project sign satisfactory to the Department identifying the Project. The project sign shall remain in place for the useful life of the improvements undertaken pursuant to this Agreement. Upon completion of the Project, the Contractor shall submit to the Department a proper certification from a licensed architect or engineer. 2. The State shall make periodic inspections of the project both during its implementation and after its completion to ensure compliance with this Agreement. The Contractor shall allow the State unrestricted access to work during the preparation and progress of the work, and provide for such access and inspection by the State in all construction contracts relating to the project. 3. The Contractor shall be responsible for ensuring that the project is designed and constructed in conformance with the Uniform Federal Accessibility Standards (UFAS - Appendix A to 41 CRF part 101-19.6), the Americans with Disabilities Act Accessibility Guidelines (ADAAG - Appendix A of Title 9 NYCRR). Where there are discrepancies among the sets of standards with regard to a particular design/construction requirement, the one providing for the greatest degree of accommodation for the disabled shall apply. C. Reports, Documents and Maps The Contractor shall, where appropriate, identify documents, reports, and maps produced in whole or in part under this Agreement by endorsing on said documents, reports, and maps the following: "This (document, report, map, etc.) was prepared with funding provided by the New York State Department of State under Title I1 of the Environmental Protection Fund." D. Contractors Insurance Requirements 1. Prior to the commencement of the work, the Contractor shall file with the Department of State, Certificates of Insurance evidencing compliance with all requirements contained in this Agreement. Such certificate shall be of form and substance acceptable to the Department. 2. Acceptance and/or approval by the Department does not and shall not be construed to relieve Contractor of any obligations, responsibilities or liabilities under the Agreement. 3. All insurance required by the Agreement shall be obtained at the sole cost and expense of the Contractor; shall be maintained with insurance carriers licensed to do business in New York State; shall be primary and non-contributing to any insurance or self Insurance maintained by the Department; shall be endorsed to provide written notice be given to the Department, at least thirty Contract Number: #C1000970 Page 14 of 20, Attachment A-1 —Program Specific Terms and Conditions (30) days prior to the cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by return receipt of United States Certified Mail which shall be sent to New York State Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231- 0001; and shall name the People of the State of New York and their directors officers, agents, and employees as additional insured thereunder. 4. The Contractor shall be solely responsible for the payment of all deductibles to which such policies are subject. 5. Each insurance carrier must be rated at least "A" Class "VII" in the most recently published Best's Insurance Report. If, during the term of the policy, a carrier's rating falls below "A Class "VII", the insurance must be replaced no later than the renewal date of the policy with an insurer acceptable to the Department and rated at least "A" Class "VII" in the most recently published Best's Insurance Report. 6. The Contractor shall cause all insurance to be in full force and effect as of the date of this Agreement and to remain in full force and effect throughout the term of this Agreement and as further required by this Agreement. The Contractor shall not take any action, or omit to take any action that would suspend or invalidate any of the required coverages during the period of time such coverages are required to be in effect. 7. Not less than thirty (30) days prior to the expiration date or renewal date, the Contractor shall supply the Department updated replacement Certificates of Insurance, and amendatory endorsements. 8. Unless the Contractor is self-insured, Contractor shall, throughout the term of the Agreement or as otherwise required by this Agreement, obtain and maintain in full force and effect the following insurance with limits not less than those described below and as required by the terms of this Agreement, or as required by law, whichever is greater (limits may be provided through a combination of primary and umbrella/excess policies). Where Contractor is self-insured, the Contractor shall provide suitable evidence of such to the Department relating to the risks and coverage amounts as provided hereunder. a. Comprehensive Liability Insurance with a limit of not less than $1,000,000 each occurrence. Such liability shall be written on the Insurance Service Office's (ISO) occurrence form CG 00 01, or a substitute form providing equivalent coverages and shall cover liability arising from premises operations, independent contractors, products-completed operations, broad form property damage, personal & advertising injury, owners & contractors protective, cross liability coverage, liability assumed in a contract (including the tort liability of another assumed in a contract) and explosion, collapse & underground coverage. 1) If such insurance contains an aggregate limit, it shall apply separately to this location. 2) Products and Completed Operations coverage shall include a provision that coverage will extend for a period of at least twelve (12) months from the date of final completion and acceptance by the owner of all of contractors work. b. Where the Project described in Attachment C includes the construction of any structure or building, a Builder's Risk Policy until the Project is completed and accepted in the amount of the total project cost. Contract Number: #C1000970 Page 15 of 20, Attachment A-1 —Program Specific Terms and Conditions c. Workers Compensation, Employers Liability, and Disability Benefits as required by New York State. Workers Compensation Policy shall include the U.S. Longshore & Harbor Workers' Compensation Act endorsement. d. Comprehensive Automobile Liability Insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any automobile including owned, leased, hired and non owned automobiles. e. Commercial Property Insurance covering at a minimum, the perils insured under the ISO Special Clauses of Loss Form (CP 10 30), or a substitute form providing equivalent coverages, for loss or damage to any owned, borrowed, leased or rented capital equipment, tools, including tools of their agents and employees, staging towers and forms, and property of the Department held in their care, custody and/or control. f. An Owner's Protective Liability Policy with limits no less than $1,000,000 in the name of the Contractor. 9. Professional consultants retained by the Contractor in connection with the Project shall show evidence of professional liability insurance with limits no less than $1,000,000. E. Contractor Property Interest Contractor warrants that it has fee simple or such other estate or interest in the site of the Project, where the Project is undertaken at a site, including easements and/or rights-of-way sufficient to assure undisturbed use and possession for the purposes of construction and operation for the estimated life of the Project. Contractor further acknowledges that where such project is undertaken on or involves the use of lands for active or passive recreational use, it is a material term of this Agreement that such lands shall be available for such recreational use by the People of the State of New York. Additionally, Contractor shall not limit access or discriminate on the operation of the facilities against any person on the basis of place of residence, race, creed, color, national origin, sex, age, disability or marital status. F. Date/Time Warranty 1. Contractor warrants that product(s) furnished pursuant to this contract shall, when used in accordance with the product documentation, be able to accurately process date/time data (including, but not limited to, calculating, comparing, and sequencing) transitions, including leap year calculations. Where a Contractor proposes or an acquisition requires that specific products must perform as a package or system, this warranty shall apply to the products as a system. 2. Where Contractor is providing ongoing services, including but not limited to: i) consulting, integration, code or data conversion, ii) maintenance or support services, iii) data entry or processing, or iv) contract administration services (e.g. billing, invoicing, claim processing), Contractor warrants that services shall be provided in an accurate and timely manner without interruption, failure or error due to the inaccuracy of Contractor's business operations in processing date/time data (including, but not limited to, calculating, comparing, and sequencing) various date/time transitions, including leap year calculations. Contractor shall be responsible for damages resulting from any delays, errors or untimely performance resulting there from, including but not limited to the failure or untimely performance of such services. Contract Number: #C1000970 Page 16 of 20,Attachment A-1 —Program Specific Terms and Conditions 3. This Date/Time Warranty shall survive beyond termination or expiration of this Contract through: a) ninety (90) days or b) the Contractor's or Product manufacturer/developer's stated date/time warranty term, whichever is longer. Nothing in this warranty statement shall be construed to limit any rights or remedies otherwise available under this Contract for breach of warranty. G. Fees The Contractor may charge a reasonable fee for the use of any facility which is part of the project. 1. Except for the imposition of a differential fee schedule for non-residents of the municipality in which the project is located, the establishment of any preferential user fee for any person or entity is prohibited. Fees charged to non-residents shall not exceed twice those charged to residents. 2. Where there is no charge for residents but a fee is charged to non-residents, non-resident fees cannot exceed fees charged for residents at comparable State or local public facilities. 3. Reservation, membership or annual permit systems available to residents must also be available to non-residents and the period of availability must be the same for both residents and non-residents. H. Alienation Where the project is undertaken on or involves parklands or public waterfront land, the following additional provisions apply: 1. The Contractor shall not at any time sell or convey any facility or any portion of the project acquired or developed pursuant to this Agreement or convert such facility or any portion of the project to other than public park or public waterfront purposes without the express authority of an act of the Legislature, which shall provide for the substitution of other lands of equal fair market value and reasonably equivalent usefulness and location to those to be discontinued, sold or disposed of, and such other requirements as shall be approved by State. 2. The Contractor agrees to own a property interest sufficient to maintain and operate the project in perpetuity. The Contractor shall not authorize the operation of the prcjLt, or any portion thereof, by any other person, entity, or organization pursuant to any management agreement, lease or other arrangement without first obtaining the written approval of the State. I. Requirements for Contract GIS Products (1/17/13) 1. GENERAL MAP PRODUCT REQUIREMENTS -- The following general cartographic requirements must be adhered to by the Contractor: a. Map Products and Supporting Data -- The Department requires delivery of digital map products, including all associated GIS and/or CAD digital files. Such materials must meet the specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section. Additionally, finished maps should also be provided in a format suitable for viewing and printing (e.g. PDF). If analog map products are required by the contract, they must meet specifications outlined in this GENERAL MAP PRODUCT REQUIREMENTS section and the ADDITIONAL DIGITAL-READY MAP PRODUCT REQUIREMENTS section. Contract Number: #C1000970 Page 17 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Deliverable Format -- All digital map and attribute table files must be provided in ESRI Shapefile or Geodatabase file format including all associated metadata on Recordable CD or DVD, external hard drive, via email attachment (preferably in a WinZIP file) or downloadable from an ftp site on the Internet. Alternatively, the digital products may be provided as Arclnfo/GIS coverages or CAD files on the same media types upon approval of the Department. All other digital formats require prior approval of the Department. Coordination with the Department prior to submission of digital media is required to ensure compatibility of the delivered materials. c. Documentation -- A data dictionary must be included along with the map files describing file contents and file names, as well as metadata for each file including map projection, horizontal and vertical datums used, coordinate system, RMS accuracy and log sheet, information sources and dates, the map maker and date of preparation, and creation methodology. Data provided under federal funds must be provided in a manner which meets Digital Geospatial Federal Geographic Data Committee Metadata Standard as executed by Executive Order 12906, April 11,1994, "Coordinating Geographic Data Acquisition and Access: the National Spatial Data Infrastructure". d. Map Accuracy -- All deliverable map products must conform to National Map Accuracy Standards for horizontal and vertical accuracy as established by the United States Bureau of the Budget, June 10, 1941, revised June 17, 1947. For example, for maps at 1:20,000 or smaller, not more than 10% of the well-defined map points tested must be more than 1/50 inch (0.508 mm) out of correct position. At 1:24,000, this tolerance translates toa required horizontal accuracy of 40 feet. If by prior agreement with the Department the map product does not conform to National Map Accuracy Standards, then a statement of actual map accuracy should be included in the Documentation above. Furthermore, hydrographic surveys and maps should conform to recommended accuracy standard proposed in the joint USGS,NOS, Coastal Mapping Handbook, 1978, Melvin Ellis editor, U.S. Government Printing Office, Appendix 6. e. Datums and Coordinate Systems-- All map products should be referenced to the North American Horizontal Datum of 1983 (NAD83) and the National Geodetic Vertical Datum of 1988 (NGVD88). Unless otherwise specified in the RFP, UTM Zone 18 shall be used for data at scales smaller than 1:10,000 and State Plan shall be used for data at 1:10,000 scale and larger. 2. ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS -- The following cartographic construction requirements must be adhered to by the Contractor: a. Edge-matching -- All map sheets must be both visually and coordinate edge-matched with adjacent map sheets. No edge-match tolerance will be allowed. Attributes for splitable features must also be identical. b. Common Boundaries -- All features that share a common boundary, regardless of map layer, must have exactly the same coordinate position of that feature in all common layers. c. Point Duplication --No duplication of points that occur within a data string is permitted. d. Connectivity -- Where graphic elements visually meet, they must also digitally meet. All confluences of line and polygon data must be exact; "overshoots", "undershoots", "slivers", or "offshoots" are NOT permitted. Contract Number: #C1000970 Page 18 of 20,Attachment A-1 —Program Specific Terms and Conditions e. Line Quality -- A high quality cartographic appearance must be achieved. Transitions from straight lines to curvilinear elements must be smooth, with angular inflections at the point of intersection. The digital representation must not contain extraneous data at a non visible level. There should be no jags, hooks, or zero length segments. Any lines that are straight, or should be straight, should be digitized using only two points that represent the beginning and ending points of the line. f. Polygon Closure -- For area features being digitized, the last coordinate pair must be exactly (mathematically) equal to the first coordinate pair. No line or polygon must cross itself except to join at an actual confluence. All digitized features across map boundaries must be edited to effect smooth and continuous lines. g. Graphic Precision -- Positional coordinates for all digital graphic elements should not be reported to a level of precision greater than one thousandth (.001) of a foot. h. Digitizer Accuracy -- The required RMS error for digitizer accuracy must be 0.003 or better fordigital map registration. 3. DIGITAL-READY MAP PRODUCT REQUIREMENTS -- The following requirements for large scale, non-digital map products must be followed to facilitate the future conversion of the maps to digital map products. All large format, non-digital map products must be provided on stable base material at a scale. The map products must include an index map to all map sheets and thorough descriptions of all the cartographic elements portrayed on the maps. a. Base Map Media--All maps must be created on mylar or other stable base material. b. Map Scale -- All maps of a similar series should be created using the same base scale. Unless otherwise stated by the Department, all maps should be compiled at 1:24,000. If other map scales are approved by the Department, where possible they will conform to standard map scalessuch as 1:9600; 1:50,000; 1:75,000; or 1:100,000. c. Map Registration -- The maps must provide a minimum of four (4) corner and four (4) interior ticks tied to USGS/NYSDOT quadrangle Lat/Long or NYTM coordinates. The maps must be geometrically correct and should register when overlaid on the appropriate USGS/NYSDOT quadrangle control ticks. d. Map Title and Legend -- The maps must provide a title and legend block describing the information contained on the maps, and including the Documentation and Datums information requested in the GENERAL MAP PRODUCT REQUIREMENTS above and the map scale. e. Cartographic Quality -- The quality of all map line work and symbolization must conform to items 1 - 6 in the map criteria set forth in the ADDITIONAL DIGITAL CARTOGRAPHIC FILE REQUIREMENTS section outlined above. 4. CONTRACT DATABASE STANDARDS a. Delivery Media -- All database and tabular files must be provided on digital media as specified above in Deliverable Format. Contract Number: #C 1000970 Page 19 of 20,Attachment A-1 —Program Specific Terms and Conditions b. Software Format -- Database and tabular files can be provided in Oracle, Microsoft Excel or Microsoft Access format. Other formats that are convertible to one of the aforementioned formats may be used with prior approval of the Department. c. Geographic Attributes -- Database and tabular files that contain elements with a geographic reference must provide a corresponding data field and a geographic coordinate pair for each feature location. J. Notice of Public Proceedings The Contractor agrees to provide the Department with prompt and timely written notice at least two weeks in advance of all public proceedings, including, but not limited to; public meetings or hearings, relating to the Project. K. Submission of all correspondence and documentation 1. Unless otherwise stated in Attachment C, the Contractor agrees to provide the Department with the required products in the following formats. All products and shall include the NYS contract number as indicated on the Face Page of this Agreement and where applicable, reflect the task number it relates to in Attachment C. a. Draft products: two paper copies of each product must be submitted. b. Final products: two paper copies of each product must be submitted. In addition all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy (in Adobe® Acrobat® Portable Document Format - PDF), created using 300 dpi scanning resolution, and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, contract number, and project title. c. Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. 2. Contractor agrees to provide the Department with original payment request documentation as described in Attachment D. L. Environmental Review 1. Contractor agrees to provide the Department, in a timely manner, with all documentation, including but not limited to, permit applications, environmental assessments, designs, plans, studies, environmental impact statements, findings, and determinations, relating to the Project. 2. Contractor acknowledges that compliance with the State Environmental Quality Review Act is a material term and condition of this Agreement. In no event shall any payments be made under this Agreement until Contractor has provided the Department with appropriate documentation that Contractor has met any requirements imposed on Contractor by the State Environmental Quality Review Act. Contract N umber: #C1000970 Page 20 of 20, Attachment A-I —Program Specific Terms and Conditions ATTACHMENT B-1 —EXPENDITURE BASED BUDGET A. Salaries $48,597.00 B. Travel $0.00 C. Supplies $51,158.00 D. Equipment $800.00 E. Contractual Services $144,500.00 F. Other $245,055.00 TOTAL PROJECT COST $490,110.00 Total State Funds $245,055.00 Total Local Share $245,055.00 MWBE Goals: State funds subject to MWBE goals $196,458.00 MBE Goal: 15% $29,468.70 WBE Goal: 15% $29,468.70 A. SALARIES Cincludingfrie benefits Title Salary Amount Charged to Project GIS Technician $91,183.00/year $12,167.60 Town Engineer $98,732.00/year $467.20 Stormwater Manager $92,163.00/year $74.50 Maintenance Mechanics (2 employees) $53.16-$54.95/hour $30,683.36 Groundskeepers (4 employees) $50.61-54.13/hour $4,050.04 Executive Assistant $101,487.00/year $1,154.30 SUBTOTAL $48,597.00 B. TRAVEL SUBTOTAL $0.00 C. SUPPLIES Pedestrianbridge.............................................................................................$29,178.00 Lumber and associated hardware for boardwalks, observation blinds, kiosks, timber guard rails.............................................................................................................$16,050.00 Safety supplies, work gloves, trash bags, and tools..........................................................$705.00 Crushed bluestone for parking areas........................................................................$5 000.00 Trailmarkers......................................................................................................$225.00 SUBTOTAL $51,158.00 D. EQUIPMENT Apple iPad with rugged case to complete trail surveys and data collection SUBTOTAL $800.00 E. CONTRACTUAL SERVICES Testing of septic system and asbestos_.. _............_..............................._.. ........ .$1,650.00 Subcontractor: ZEB Environmental Solutions Inc., 188 W Montauk Highway, Suite E6 Hampton Bays NY 11946 EIN#45-4353038 Remediation of septic system and asbestos...................................................................$20,448.50 Subcontractor: P.W. Grosser Consulting Inc., 630 Johnson Ave., Suite 7 Bohemia NY 11716 EIN# 11-3612196 Demolition of Sill House....................................................................................$60,833.40 Subcontractor: To be determined Habitat restoration/daylighting of Moore's Drain........................................................$15,734.80 Subcontractor: To be determined Coordination of volunteer services and development of educational materials .....................$45,833.30 Subcontractor: Group For The East End, 54895 Route 25, PO Box 1792 Southold,NY 11971 EIN# 136379135 SUBTOTAL $144,500.00 F. OTHER Land acquisition of Sill Property.................................................................................................$242,555.00 Equipment usage: Tractor work, grading,mowing, and removing abandoned trailers, equipment, etc..................................................................................................................................$2,500.00 SUBTOTAL $245,055.00 ATTACHMENT C -WORK PLAN Bay to Sound Trails Initiative Phase II 1. Project Description The Town of Southold will complete phase two of the Bay to Sound Trails initiative by adding trails, boardwalks, wildlife viewing areas, parking, kiosks, and educational materials within the project area including a newly acquired open space parcel. Dilapidated structures and septic systems will be removed and the area restored to a natural state. A section of Moore's Drain Creek will be day-lighted and restored for habitat and fish passage. Clean-ups and citizen science opportunities will involve the public in stewardship. Phase two of this initiative will connect open space parcels in the Town of Southold, Village of Greenport, and Suffolk County together via pedestrian and bike trails creating a non-motorized connection from the Peconic Bay to the Long Island Sound. The entire trail design was completed in phase one. Matching funds consist of the Town's acquisition of the Sill property. Goals of the project are to increase public access to the Bay and Sound, restore habitat, remove invasive species, and create opportunities for passive and active public education and stewardship of the environment. Expected results include new trails, boardwalks, observation blinds,new and restored parking areas, restoration of the Sill House site, daylighting and habitat restoration at Moore's Drain, educational kiosks, a new footbridge, maps of the expanded trail system (kiosk and online), implementation of citizen science research and programs, and educational materials related to stormwater management and the Peconic and Long Island Sound estuaries. 2. Project Attribution and Number of Copies The Contractor must ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the New York Department of State (Department)to the project. The materials must include the Department's logo and the following acknowledgment: "This (document, report, map, etc) was prepared with funding provided by the New York Department of State under Title 11 of the Environmental Protection Fund." The Contractor must submit to the Department all required products, clearly labeled with the NYS Comptroller's Contract# as indicated on the Face Page of this contract and where applicable, the related Task# from this Work Plan. The Contractor shall submit: • Draft products: two paper copies of each product. In addition, all draft products must be submitted as an electronic copy in Word and Adobe Acrobat Portable Document Format—PDF(created using 300 dpi scanning resolution). • Final products: two paper copies of each product. In addition, all final products (including reports, designs, maps, drawings, and plans) must be submitted as an electronic copy in Microsoft Word and Adobe®Acrobat®Portable Document Format- PDF (created using 300 dpi scanning resolution) and be submitted on a labeled CD-R type CD. The CD must be labeled with the contractor name, the Departments contract#, and project title. • Electronic data for all Geographic Information System-based mapping products must be included in either ArcGIS format, or similar product acceptable to the Department, and comply with the requirements for Contract GIS Products. • Electronic data for all designs, drawings, and plans must be submitted in the original software that they were created (such as CAD format or other similar product acceptable to the Department) as well as in JPEG or GIF format. • Pictures and photographs must be dated and captioned with the location and a brief description of the activity being documented. Electronic data for all pictures and photographs must be submitted in JPG or GIF format or other similar product acceptable to the Department. The contributions of the Department must also be acknowledged in community press releases and other notices issued for the project, including web site postings and other forms of digital distribution. Project press releases and other notices shall be submitted to the Department for review and approval prior to release, to ensure appropriate attribution. 3. Compliance with Procurement Requirements The municipal attorney,chief legal officer or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with. 4. Project Components Task 1: Project Initiation Meeting The Contractor, the Department, project partners, and any other appropriate entities shall hold an initial meeting to review the project scope, project requirements, roles and responsibilities of project partners,the selection process for procuring consultants, State Environmental Quality Review Act(SEQRA) compliance requirements, MWBE requirements,the number of public meetings and techniques for public involvement proposed for the project, and any other information which would assist in project completion. In addition, the composition of a project advisory committee shall be discussed during the project kick-off meeting. The Contractor, or a designated project partner, shall prepare and distribute to all project partners a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Project kick-off meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 2: Project Advisory Committee The Contractor shall establish a project advisory committee to oversee all aspects of the project in cooperation with municipal officials and the project consultant(s), if applicable. The committee shall be representative of project stakeholders including representatives of State, county, and municipal agencies with jurisdiction over project activities or the project area and non-governmental and community based organizations. A draft list of proposed members shall be circulated to the Department for review and approval prior to establishment of the committee. Products: Draft and final list of proposed members of project advisory committee. Project advisory committee established. Task 3: Request for Proposals The Contractor shall draft Request for Proposals (RFP) for each of the four(4) services listed in E. Contractual Services section of Attachment B-1 —Expenditure Based Budget. Each RFP will include a complete project description with site conditions, expected final results, a schedule for completion, MWBE requirements, and criteria for selecting a preferred proposal. The Contractor shall submit each of the RFPs to the Department for review and approval prior to release for solicitation of proposals. Products: Four(4) draft and final RFPs. Department approved RFPs released through advertisement in local papers,the New York State Contract Reporter, and other appropriate means. Task 4: Subcontractor Selection and Compliance with Procurement Requirements In consultation with the Department, the Contractor and an appropriate review committee shall review all proposals received as a result of each RFP solicitation. At a minimum,the following criteria are suggested for use in evaluating consultant responses: • Quality and completeness of the response; • Understanding of the proposed scope of work; • Applicability of proposed alternatives or enhancements to information requested; • Cost-effectiveness of the proposal; • Qualifications and relevant experience with respect to the tasks to be performed; • Reputation among previous clients; • Ability to complete all project tasks within the allotted time and budget; and, • Ability to meet MWBE requirements. Incomplete proposals that do not address all of the requested components should not be accepted for review and consideration. For preparation/certification of final designs and construction documents and for supervision of construction a licensed professional engineer,architect, or landscape architect licensed to practice in New York State is required. The municipal attorney, chief legal officer, or financial administrator of the municipality shall certify in writing to the Department that applicable provisions of General Municipal Law were fully complied with for each subcontractor selected. The Contractor's procurement record and subcontractor selection is subject to approval by the Department. Products: Subcontractors selected and approved by the Department. Written certification of compliance with procurement procedures. Task 5: Subcontract Preparation and Execution The Contractor shall prepare the draft subcontract(s)to conduct project work with the selected consultant(s). The subcontract(s) shall contain a detailed work plan with adequate opportunity for review at appropriate stages of product completion, a payment schedule with payments tied to receipt of products, and project costs. The subcontract(s) shall specify the composition of the entire consultant team, including firm name and area of responsibility, firm expertise, and those professionals from the consultant team or consulting firm that will be directly involved in specific project tasks including how the identified MWBE goals will be satisfied. The Contractor shall submit the draft subcontract(s)to the Department for review of the subcontract work plan for alignment with the appropriate tasks of the work plan as set forth in Attachment C of this contract. The Contractor shall incorporate the Department's comments on the subcontract work plan, or scope of services, prior to execution of the final subcontract(s). The Contractor remains responsible for the legal sufficiency of the subcontract in accordance with the requirements in the Master Grant Contract and Appendix A-1. Products: Four(4) draft and final executed consultant subcontracts. Task 6: Subcontractor Project Meeting In consultation with the Department,the Contractor shall hold a second project meeting with each of the subcontractors and other project partners, as appropriate,to review project requirements, site conditions, and roles and responsibilities; identify new information needs and next steps; and transfer any information to the consultant(s)which would assist in completion of the project. Each subcontractor shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meetings held with appropriate subcontractors. Written meeting summaries outlining agreements/understandings reached. Task 7: Final Design and Construction Documents The Contractor shall prepare the final design and construction drawings, plans, specifications, and cost estimates for all construction components, including trails, boardwalks, observation blinds,and parking areas. The final design and construction documents shall be provided to the Department and the project advisory committee for review at least two weeks prior to the due date for comments. Final design and construction documents are subject to approval by the Department. These documents must be certified by a licensed professional engineer, architect, or landscape architect and the appropriate seal must be affixed to these documents. Products: Final design and construction documents, certified by a licensed professional engineer, architect or landscape architect. Task 8: Construction Requirement Analysis The Contractor shall prepare an analysis of all federal, state, and local requirements for the trail including necessary permits and approvals, and a description of how these requirements will be satisfied by the design. This analysis shall be submitted to appropriate project partners and the Department for review. A pre-permitting meeting with the Department and the identified federal, state and local entities may be required to discuss any revisions needed to satisfy regulatory requirements. Work shall not proceed prior to the Department approval of the construction requirement analysis and the pre-permitting meeting, if necessary. Products: Written construction requirement analysis.' Pre-permitting meeting with identified entities, if necessary. Task 9: Environmental Quality Review The Contractor or its consultant(s) shall prepare all documents necessary to comply with the State Environmental Quality Review Act(SEQRA)through determination of significance. If a positive declaration is made, a Draft Environmental Impact Statement shall be prepared. Products: SEQRA documents and, if necessary, a Draft Environmental Impact Statement. Task 10: Permits and Approvals After the final design and construction documents have been approved by the Department, the Contractor shall prepare the necessary permits or other approval applications and obtain the required permits or approvals for boardwalks and observation blinds. A pre-application meeting with the Department and the appropriate federal, state, and local regulatory authorities may be required to discuss the necessary permit or other approval applications. Prior to filing, the Contractor or its consultant(s) shall submit all applications to the Department for review and comment. Potential permitting and approval agencies include but are not limited to: • federal agencies such as the United States Army Corps of Engineers; • the Department, pursuant to the consistency provisions of the federal Coastal Zone Management Act; • other New York State agencies such as the Department of Environmental Conservation; the Office of General Services pursuant to the Public Lands Law, in order to use or occupy certain State-owned lands or waters overlying those lands; and the Office of Parks, Recreation, and Historic Preservation or the State Historic Preservation Officer; and, • agencies of Suffolk County, Southold Town, Greenport Village, or special purpose district, including but not limited to: town boards, boards of trustees; planning commissions, boards or departments; and/or building or health officials. Prior to construction the Contractor shall also demonstrate that the project is in compliance with 6 NYCRR Part 502, "Floodplain Management Criteria For State Projects" by obtaining a floodplain development permit, if local regulations establish such requirements, or by submitting a signed certification, by an official authorized to enforce local floodplain management regulations, that the project complies with the requirements of the statute. Copies of all required permits and approvals shall be submitted to the Department upon receipt. Products: All required permits and approvals received. Written certification of compliance with floodplain management regulations, if applicable. Task 11: Acquisition of Preserved Lands The Contractor will acquire open space lands for designation as preserved lands. The preserved lands will be dedicated for permanent public access by expansion of the public trail system, through deed restriction, easement or similar legal instrument. The Contractor will provide verification of the acquisition of the property, dedication for public use, and value as determined through standard appraisal practices. Documentation will be provided to the Department, including copies of the purchase agreement, filed deed or easement, and an appraisal of the park property prepared by a certified appraiser. The lands will be acquired through a Life Estate Tenancy Deed. Final ownership of the 1 acre property was granted after the death of the owner in 2015. Under these circumstances, a new deed is not issued, but instead a statement of death. The property will help connect two existing trails to create a larger trail loop. Product: Copies of the purchase agreement, filed deed or easement, and appraisal submitted to DCR. Task 12: Installation of Project Sign Prior to the start of construction, the Contractor shall install three signs satisfactory to the Department identifying the Department's funding of the project. These signs will be installed at the existing parking/trail head area on Chapel Lane and the new parking/trail head areas on the Manor Grove and Pekunka properties. The project signs shall remain in place for the useful life of the improvements undertaken. To assist communities in fulfilling this requirement,the Department has developed an attractive low cost informational sign. A Sign Order Form is available upon request from the Department. Products: Department approved sign design and photo-documentation that sign is installed in project area at the start of construction. Task 13: Construction of trails,boardwalks, observation blinds, and parking areas within the Project Area After receipt of all necessary permits, the Contractor or its,construction subcontractor(s) may begin construction work according to the final design and construction documents. The Contractor or its subcontractor(s) shall notify the Department monthly (or more frequently) in writing of work progress, including any delays which have occurred. The Contractor or its consultant(s) shall submit periodic payment requests to the Department tied to project milestones identified in contract and subcontract work plans or during the project kick-off meeting. After 70%of the work is completed, the progress notification will include a punch list of any incomplete items and an estimated schedule for project completion. The Contractor, its consultant(s), and/or the Department shall verify progress and completion of the work through periodic site inspections. The Contractor or its consultant(s) shall submit to the Department written summaries of progress including photo documentation and identification of problems to be addressed based on periodic site inspections. The Contractor shall complete all necessary mowing,trimming, deadfall removal, and re-grading necessary to complete approximately three miles of new trails and install the new trail markers at appropriate locations. Parking areas will be constructed at the Manor Grove and Pekunka properties and consist of a bluestone base, timber guard rails, and informational kiosks. Products: Written summary of periodic site visits including photo-documentation of all components and identification of any problems that need to be addressed. Punch list and construction completion estimates. Components include:New trails completed and marked;Boardwalks installed; Observation blinds installed; Parking areas created;Trail map Task 14: Test& Remediate Contamination, Demolition of Sill House, and Site Restoration The Contractor shall oversee the subcontractor's testing and remediation of asbestos contamination, testing and removal of septic system, and subsequent demolition of Sill house. Restoration to a natural state including seeding with native grasses. Products: Site testing, remediation, and demolition of Sill House. Photos of the areas before, during, and after work will be provided as well as copies of all permits and remediation certificates. Task 15: Moore's Drain Area Improvements at Skipper Horton Park The Contractor shall remove the abandoned road and drain and restore stream bank to a more natural condition. Install premade aluminum footbridge. Reconstruct existing parking area and installation of two (2)kiosks. Products: Day-lighted drain, restored stream bank, installed foot-bridge and kiosks, and reconstructed parking area. Photos of the areas before, during, and after work will be provided.All maps/images/materials on the kiosks will be provided in JPEG and original design format. Task 16: Trail Clean Up The Contractor shall oversee the subcontractor's work to include: clean-up of unregulated garbage dumping sites in the Silver Lake area, mapping of invasive species, mapping of trails, flora and fauna surveys, monitoring of clean-up process, organization of volunteer clean up days, invasive species removal, and planting of native species. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist with documentation of clean-up efforts and mapping of trails. Products: Written reports on work accomplished tracking of volunteers and hours worked,planting materials installed. Task 17: Educational Materials and Citizen Science Projects Several public outreach, stewardship, and citizen science projects will be developed in order to foster an appreciation for the Bay to Sound Trails project including Village, Town, and County residents and visitors. The Apple iPad will be used by staff and volunteers in concert with a Town developed App to assist in conducting surveys. Task 17A: Third Project Meeting For designing and developing text for an interpretive program, including printed materials (brochures, flyers, fact sheets, newsletters) and/or interpretive signs the following will be discussed at the third project meeting with the Department and the project advisory committee. Subjects to be covered include: the target audience; issues to be addressed; type of materials to be produced; subcontractors needed (printer, graphic artist); number of items to be printed or signs constructed; distribution method (utility bills, schools); or location of signs or kiosks; and, evaluative methods and materials (coupons, surveys). For designing and developing a curriculum and text for printed materials, subjects to be covered include: the target population; overall theme; goals and objectives; subject areas to be covered; method of presentation (classroom/]aboratorysessions vs. field work/laboratory sessions); potential vehicles for presenting information (printed matter, video and/or other visuals, interactive electronic learning programs, laboratory/field work experiments, workshops, etc.); equipment purchases which may be necessary; and, existing educational programs and publications which could be useful in developing course content. The Contractor or its consultant(s) shall prepare and distribute a brief meeting summary clearly indicating the agreements/understandings reached at the meeting. Work on subsequent tasks shall not proceed prior to Department approval of the proposed approach as outlined in the meeting summary. Products: Meeting held with appropriate parties. Written meeting summary outlining agreements/understandings reached. Task 17B: Research Existing Materials and Develop Concepts The Contractor or its consultant(s)shall investigate existing materials and, if appropriate, obtain permission to use these materials in this project. The Contractor or its consultant(s) shall develop concepts for the visual and written messages of the proposed education, outreach,and/or interpretive programs. Draft concepts shall be submitted to the Department for review and approval. Products: Concepts for visual and written messages. Task 17C: Develop Graphics Package Based on comments received on the concepts for visual materials and text,the Contractor or its consultant(s) shall compile a graphics package including text, color selections, maps,photographs, and other elements for use in the education/outreach materials. A minimum of three layout options shall be prepared unless otherwise specified during project kick-off meeting. Products: Graphics package. Task 1713: Hold Review and Revision Meeting In consultation with the Department, the project advisory committee, and other project partners as appropriate, the Contractor or its consultant(s) shall hold a meeting to review and revise the concepts and graphics package, and select a preferred layout option. Products: Summary of meeting discussion and resulting recommendations. Task 17E: Draft Text for Education/Outreach Materials Based on recommendations obtained from the Department and the project advisory committee, the Contractor or its consultant(s) shall prepare text for the education, outreach and/or other interpretive materials, and submit them to the project advisory committee and the Department for review and comment. The draft text is subject to review and approval by the Department. Products: Draft text for interpretive materials. Task 1717: Prepare Final Text and Layouts for Education/Outreach Materials The Contractor or its consultant(s) shall prepare final text and incorporate it into the preferred layout. The final text and layout of these materials shall reflect the comments received from the advisory committee and the Department during product review. Products: Final text and layouts for all education, outreach, and interpretive materials. Task 17G: Production of Education/Outreach Materials According to the advisory committee's recommendations,the Contractor or its consultant(s)shall fabricate and/or print and distribute all education,outreach and interpretive materials prepared for the education/outreach program. Final materials are subject to review and approval by the Department prior to distribution. The Contractor must ensure that all materials printed, fabricated, and/or produced acknowledge the contributions of the Department to the project. Products: Materials produced and distributed. Task 17 Products: Education/Outreach plan for the Bay to Sound Trails initiative project area. A copy of maps, surveys, and public outreach materials created; photos of events, clean-ups, and restoration work. All maps/images/materials on the kiosks in JPEG and original design format. Task 17H: Conduct Public Outreach and Provide Citizen Science Programming The Contractor will conduct public outreach and provide programming using the educational materials developed in previous tasks. Programming will include guided trail hikes,tree identification workshops, bird walks and general nature study to raise awareness about local ecosystems along the Bay to Sound Trails. Programming will also include citizen science activities such as inventories of rare plants,odonate workshops,and breeding bird censuses. Products: Deliver Public Outreach and Provide Citizen Science Programing. Detailed program activities described including type of outreach and programming and the number of citizens reached. Results from citizen science surveys. Task 18: MWBE Reporting In accordance with Attachment A-1, Part 1, Section M, Paragraph 6, Contractor shall be required to use the New York State Contract System ("NYSCS")to record payments to subcontractors (including a breakdown of payments issued to state-certified MWBE firms)and otherwise report compliance with the provisions of Article 15-A of the Executive Law and regulations in relation to funds used pursuant to this Agreement. Contractor shall be required to submit utilization plans in paper format until such time as submission is made available through the NYSCS and notification of such availability is provided to Contractor by the State. Upon such notification by the Department, Contractor shall submit required utilization plans through the NYSCS. So long as Contractor complies with the reporting requirements stated above in the manner directed by the Department, the requirement of Attachment A-1,Part I, Section M,Paragraph 6 for paper filing of Quarterly Reports shall be waived. Technical assistance for use of the NYSCS system can be obtained through the NYSCS website at https:Hn .nnewnycontracts.com by clicking on the"Contact Us & Support" link. In the event Contractor does not have the capacity to use the NYSCS in the manner required above, an exception may be granted by the Department of State upon Contractor's written request and showing of good cause to allow for paper reporting. If such an exception is granted by the Department of State, paper reporting in a manner and form directed by the Department shall be required including but not limited to the submission of Quarterly MWBE Contractor Compliance Report(Form F) forms in accordance with Section M, Paragraph 6, of Attachment A-1. Products: Ongoing reporting through NYSCS during the life of the contract. Task 19: Project Status Reports The Contractor or its consultant(s) shall submit project status reports semi-annually (every June 30 and December 31) on the form provided, including a description of the work accomplished,the status of all tasks in this work plan, schedule of completion of remaining tasks, and an explanation of any problems encountered. Products: Completed project status reports submitted to DOS during the life of the contract. Task 20: Final Project Summary Report and Measurable Results forms The Contractor or its consultant(s) shall work with the Department project manager to complete the Final Project Summary Report and Measurable Results forms. Final payment shall not be authorized until these forms have been completed and filed with project deliverables. Products: Completed Final Project Summary Report and Measurable Results forms submitted to DOS. 5. Project Responsibilities The Contractor shall administer the grant, execute a contract with the Department, and ensure the completion of work in accordance with the approved Work Plan and budget. The Contractor: • will be responsible for conducting all project work in conformance with the Work Plan included in the executed contract with the Department. • will be responsible for all project activities including drafting request for proposals and managing subcontracts with consultants and sub consultants. • will certify to the Department that the procurement record for project consultants and subcontractors complies with the applicable provisions of General Municipal Law. • will receive approval from the Department for any and all consultant subcontracts before beginning project work. • will be responsible for submission of all products and payment requests. • will be responsible for coordinating participation and soliciting comments from local government personnel, project volunteers, and the public. • will keep the Department informed of all important meetings for the duration of this contract. • will receive approval from the Department before purchase of any equipment. • will secure all necessary permits and perform all required environmental reviews. • will ensure that all materials printed, constructed, and/or produced acknowledge the contributions of the Department to the project. • will ensure that all products prepared as a part of this contract shall include the NYS Comptroller's contract# as indicated on the Face Page of this contract. • will ensure the project objectives are being achieved. • will ensure that comments received from the Department and the project advisory committee, or other advisory group, are satisfactorily responded to and reflected in subsequent work. • will recognize that payments made to consultants or subcontractors covering work carried out or products produced prior to receiving approval from the Department will not be reimbursed unless and until the Department finds the work or products to be acceptable. The Department: • will review and approve or disapprove of subcontracts between the Contractor and consultant(s) and any other subcontractor(s). • will participate in project kick-off meeting and attend meetings that are important to the project. • will review all draft and final products and provide comments as necessary to meet the objectives. • must approve or disapprove any and all design, site plan, and preconstruction documents. Department approval must be obtained before construction may begin. ATTACHMENT D PAYMENT AND REPORTING SCHEDULE I. PAYMENT PROVISIONS In full consideration of contract services to be performed the State Agency agrees to pay and the contractor agrees to accept a sum not to exceed the amount noted on the face page hereof. All payments shall be in accordance with the budget contained in the applicable Attachment B form (Budget), which is attached hereto. A. Advance Payment and Recoupment Language (if applicable): 1. The State agency will make an advance payment to the Contractor, during the initial period, in the amount of$0 (0% of the budget) as set forth in the most recently approved applicable Attachment B form (Budget). 2. Recoupment of any advance payment(s) shall be recovered by crediting 00/0 of subsequent claims and such claims will be reduced until the advance is fully recovered within the contract period. 3. Scheduled advance payments shall be due in accordance with an approved payment schedule as follows: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: Period: Amount: Due Date: B. Interim and/or Final Claims for Reimbursement Claiming Schedule (select applicable frequency): ® Quarterly Reimbursement Due Date: 3/31, 6/30, 9/30, 12/31 ❑ Monthly Reimbursement Due Date: ❑ Biannual Reimbursement Due Date: ❑ Fee for Service Reimbursement Due Date: Contract Number: #C 1000970 Page 1 of 4,Attachment D—Payment and Reporting Schedule ❑ Rate Based Reimbursement Due Date: ❑ Fifth Quarter Reimbursement Due Date: ❑ Milestone/Performance Reimbursement Due Date/Frequency: ❑ Scheduled Reimbursement Due Date/Frequency: II. REPORTING PROVISIONS A. Expenditure-Based Reports (select the applicable report type): ❑ Narrative/Qualitative Report The Contractor will submit, on a quarterly basis, not later than_ days from the end of the quarter, the report described in Section III(G)(2)(a)(i) of the Master Contract. ❑ Statistical/Quantitative Report The Contractor will submit, on a quarterly basis, not later than days from the end of the quarter, the report described in Section III(G)(2)(a)(ii) of the Master Contract. ® Expenditure Report The Contractor will submit, on a quarterly basis, not later than 30 days after the end date for which reimbursement is being claimed, the report described in Section III(G)(2)(a)(iii) of the Master Contract. ® Final Report The Contractor will submit the final report as described in Section III(G)(2)(a)(iv) of the Master Contract, no later than 60 days after the end of the contract period. ❑ Consolidated Fiscal Report (CFR)' The Contractor will submit the CFR on an annual basis, in accordance with the timeframes designated in the CFR manual. For New York City contractors, the due date shall be May 1 of each year; for Upstate and Long Island contractors, the due date shall be November 1 of each year. 'The Consolidated Fiscal Reporting System is a standardized electronic reporting method accepted by Office of Alcoholism& Substance Services, Office of Mental Health, Office of Persons with Developmental Disabilities and the State Education Department, consisting of schedules which, in different combinations,capture financial information for budgets,quarterly and/or mid-year claims, an annual cost report, and a final claim. The CFR, which must be submitted annually, is both a year-end cost report and a year-end claiming document. Contract Number: 4C1000970 Page 2 of 4, Attachment D—Payment and Reporting Schedule B. Progress-Based Reports 1. Progress Reports The Contractor shall provide the report described in Section III(G)(2)(b)(i) of the Master Contract in accordance with the forms and in the format provided by the State Agency, summarizing the work performed during the contract period (see Table 1 below for the annual schedule). 2. Final Progress Report Final scheduled payment will not be due until 60 days-after completion of the agency's audit of the final expenditures report/documentation showing total grant expenses submitted by vendor with its final invoice. Deadline for submission of the final report is at project completion. The agency shall complete its audit and notify vendor of the results no later than 60 days later. The Contractor shall submit the report not later than 60 days from the end of the contract. C. Other Reports The Contractor shall provide reports in accordance with the form, content and schedule as set forth in Table 1. Contract Number: #C1000970 Page 3 of 4,Attachment D—Payment and Reporting Schedule TABLE I—REPORTING SCHEDULE PROGRESS REPORT PERIOD COVERED DUE DATE Progress Report Start of contract through current 6/30* (Project Status Form) date 12/31 *Due every year during the contract period, as amended. Contract Number. #C 1000970 Page 4 of 4, Attachment D—Payment and Reporting Schedule FORM B STAFFING PLAN Submit with Bid or Proposal—Instructions on page 2 Solicitation No.: C1000970 Reporting Entity: Report includes Contractor's/Subcontractor's: ❑ Work force to be utilized on this contract ❑ Total work force Offeror's Name: ❑ Offeror ❑ Subcontractor Offeror's Address: Subcontractor's name Enter the total number of employees for each classification in each of the EEO-Job Categories identified Work force by Work force by Gender Race/Ethnic Identification EEO-Job Category Total Total Total Native Work Male Female White Black Hispanic Asian American Disabled Veteran force (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) (M) (F) Officials/Administrators Professionals Technicians Sales Workers Office/Clerical Craft Workers Laborers Service Workers Temporary /Apprentices Totals PREPARED BY(Signature): TELEPHONE NO.: DATE: EMAIL ADDRESS: NAME AND TITLE OF PREPARER(Print or Type): Submit completed with bid or proposal General instructions: All Offerors and each subcontractor identified in the bid or proposal must complete an EEO Staffing Plan (FORM B) and submit it as part of the bid or proposal package Where the work force to be utilized in the performance of the State contract can be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form only for the anticipated work force to be utilized on the State contract. Where the work force to be utilized in the performance of the State contract cannot be separated out from the contractor's and/or subcontractor's total work force, the Offeror shall complete this form for the contractor's and/or subcontractor's total work force. Instructions for completing: 1 Enter the Solicitation number that this report applies to along with the name and address of the Offeror. 2 Check off the appropriate box to indicate if the Offeror completing the report is the contractor or a subcontractor. 3 Check off the appropriate box to indicate work force to be utilized on the contract or the Offerors' total work force. 4. Enter the total work force by EEO job category. 5 Break down the anticipated total work force by gender and enter under the heading 'Work force by Gender' 6. Break down the anticipated total work force by race/ethnic identification and enter under the heading 'Work force by Race/Ethnic Identification' Contact the DOS Permissible contact(s) for the solicitation if you have any questions. 7 Enter information on disabled or veterans included in the anticipated work force under the appropriate headings 8. Enter the name, title, phone number and email address for the person completing the form. Sign and date the form in the designated boxes. RACE/ETHNIC IDENTIFICATION Race/ethnic designations as used by the Equal Employment Opportunity Commission do not denote scientific definitions of anthropological origins. For the purposes of this form, an employee may be included in the group to which he or she appears to belong, identifies with, or is regarded in the community as belonging. However, no person should be counted in more than one race/ethnic group. The race/ethnic categories for this survey are. • WHITE (Not of Hispanic origin) All persons having origins in any of the original peoples of Europe, North Africa, or the Middle East • BLACK a person, not of Hispanic origin, who has origins in any of the black racial groups of the original peoples of Africa. • HISPANIC a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race. • ASIAN & PACIFIC a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands ISLANDER • NATIVE INDIAN (NATIVE a person having origins in any of the original peoples of North America, and who maintains cultural identification through tribal AMERICAN/ALASKAN affiliation or community recognition NATIVE) OTHER CATEGORIES • DISABLED INDIVIDUAL any person who. - has a physical or mental impairment that substantially limits one or more mayor life activity(les) - has a record of such an impairment; or - is regarded as having such an impairment. • VIETNAM ERA VETERAN a veteran who served at any time between and including January 1, 1963 and May 7, 1975. • GENDER Male or Female PROPOSAL REVIEW SHEET Firm Name: Proposed Cost: $ Ing X 34 -TT 'PROP CAL 2 OSAL1 Completeness of proposal in addressing the Scope of Work. Technical expertise and professional qualifications of individuals who will have direct involvement in the project. E PERIENC R-EL EVV Experience with similar projects. "EVIPLEMENT-ATIOR-SCHED Ability to complete the project within the required time frame months). R % A Projected project cost TEAM COMPOSITION Relevant experience of contractor related to project type MBE/Yv'BE participation M 0! q— -Total Score,� T�- 51"', 2� Additional Comments: Reviewer: Date: Ratings: 5- Outstanding,4-Very Good,3 -Good,2 -Fair, 1 -Poor ,XRC rr.CT UR- James A. Richter e Registered Architect 705 Front Street Greenport New York 11944 LONG ISLAND SOUND m Phone: 631-477-0998 DAYLIGHTING PROJECT For the: Town of r$ ar SOUTHOLD MATTITUCK GOLDSMITH'S _ INLET INLET =�� .. - - � :< 53095 Main Road, 11071 ,r <rh _;'_ ORIENT POINT f 8 €;�' 'aa `� �' � � �, ..,,„,''��"`�, � - �_ ,4s Fes'= � 3.Y�;' ;l����€��✓"� 1�3� � GREENPORT e moi. ;y. �< t s r t4'✓" PROP-SSIONTALMAL- ,, ' FIO.GS NEW NECK SUFFOLK _��NASSAU POINT uuw•s PECONIC mesio - NO. � DATE: REMARKS: BAY _ - SOUTHOLD TOWN MOORS S DRAIN DAYLIGHTING PROJECT r7Ar�. DRAWING NO. August 2020 August 17,2020 L C TION YMAP �- : COATER 1" - soo� PAGE C�J�TfZACT# SHELr i OF I 8/17/20-001 I ` Existing Trees this area(3 or more) NOTE: THE CONTRACTOR SHALL BE RESPONSIBLE I' to be Removed and/or Trimmed FOR ALL UTILITY MARK-OUTS NEEDED AND/OR REQUIRED A4 to accommodate new Work. FOR THE COMPLETION OF THIS PROJECT. Existing Concrete Road Section V// this area to be Removed. i ARCHITPCI'UR 126' W-) fi ltield'Ve y Existing Concrete Headwalls&Culvert Pipe this area to be Removed. James A. Richter i Registered Architect /:7:D X e - Elevation of existing Concrete Road Sections j, 705 Front Street to be Recorded by the Contractor prior to any wGreenport New York 11944 - / work and shall establish a bench mark to � �coordinate&verify top of New Bridge Deck Phone: 631-477-0998� J f DAYLIGHTING PROJECT - — _ For the: - = Town of ~. avement_x: stirGoueretExisting Asphalt agSOUTHOLD . enienl iG tsting Reilcetp '-- '''� tbfs area to Remain- this area to•Remain. Sgrsa ethh;areato�. \" s YY« _; - 53095 Main Road, 11071 `Wsalvaged,for,re-use ;•�o - - `'_E — — _ Silt Fencing(Both Sides)to be Installed . — --- &Maintained Throughout Construction- µ (off-set N from existing headwalls) .. `—"^—•,-- PROFESSIONAL SEAL �- Moore's Drain Flow Line (Approximate Line of Flow) ���a. , -4- OVISIONS NO. ATE: REMARKS: DEMOLITION NOTES: 1. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL EXCAVATION AND GRADING REQUIRED BY THE NEW WORK 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL REQUIREMENTS LISTED WITHIN THE D.E.0 PERMIT. 'VE° - II, N PLAN 3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL CLEARING AND GRUBBING REQUIRED TO COMPLETE THE WORK — 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE DISPOSAL OF ALL MATERIALS GENERATED BY THIS PROJECT SCALE: 1" = 20.0' AND SHALL REMOVE SAME FROM SITE IN A TIMELY MANNER BUT NO LONGER THAN 5 WORKING DAYS, 5. THE CONTRACTOR SHALL FULLY INVESTIGATE EXISTING CONDITIONS PRIOR TO THE START OF CONSTRUCTION t DRAWING NO. AND SHALL VERIFY ALL DIMENSIONS,EXISTING OR NEW,AND BE RESPONSIBLE FOR UNIFORM ALIGNMENT August 17, 2020 AND UNIFORM FIT. AS NOTEDD , PAWN: CONI ACT#: SHEr;r 2 OF 4 8/17/20-001 IN RClIUE-ClURE M James A. Richter Registered Architect TOPSOIL&SEED , is required at all disturbed areas and _ « . , j # final Gradin shall meet all adjacent 705 Front Street Grading ' Greenport New York 11944 contour elevations uniformly with _- � M " {.3 no severe grade changes. r r .M 'hNt^£rye; Existing j r gConcretePavement Phone: 631-477-0998 this area to Remain- Line of Concrete Slabs to be Removed. xh: °y = _ (Approximate Location) ' ���s�'���x�=� �� _- " " - DAYLIGHTING PROJECT� 4 #� . Contractor shallre-installreflective For the: Signage as Aire+teA by the Town. Town of SOU TH OLD �� - 53095 Main Road, 11071 PROFTSSIONAL SEAL New Asphalt Pavement- Pedestrian Walkway to Align After Removal of Existing Culvert set bottom of new , with new Bridge Abutments water course equal to the lower invert elevation. , and existing walkway. See Details Sheet A-1 ALL New Grading of earth work shall be one on three (1 vertical to 3 horizontal Maximum).Typical Throughout. New Aluminum Pedestrian Walk Bridge PROJECT NOTES: Silt Fencing(Both Sides)to be Installed on New Concrete Abutments. See Details Sheet A-1 &Maintained Throughout Construction- Center New Bridge and Concrete Abutments g New Top of Bridge Elevation to be set at the same on Center Line of Existing Culvert-to be Removed. (off-set N from existing headwalls) elevation of-Concrete Road Section to be Removed. all Excavation and Grading to Align with Same. All areas prepared for TOPSOIL&,SEED NOTE: Elevation of existing shall receive erosion control blanket fabric. PLAN Concrete Road Sections A.M.Leonard Cortex II Erosion Control REVISIO to be Recorded by the Blanket Fabric or approved Equal. NO. DATE: REMARKS: Contractor with a bench mark SCALE: 1" = 10.0' to establish top of New Bridge Deck Alum Unum Pedestrian Bridge � `"--- as MFG by Liberty Products, LLC. 26`Long X 5'Wide Deck-Liberty X Series. -� - -- —--- --------_______ Top of Bridge Deck & Concrete Abutment to ALIGN NOTE: All Concrete Abutment Surfaces shall VATE: DRAW1kc No. Bear on Undisturbed soil with a MINIMUM August 17,2020 3— � bearing capacity of 3,000 P.S.F. YALE Bottom Elevation to be Set at Pre-existing Culvert Invert AS NOTED New Asphalt Pavement. b� ' 1.5"Top Asphalt on 2.5"Base J-�Q- Asphalt on 4"Thick Stone Blend MIDGE CROSS SECTION Typical both sides of New Bridge. SCALE: N,T.S. CONTACT#8/17/20-001 5HL'I 1' 3 OF d Alto X 2'-0" 4,000 PSI Concrete Abutment. 1/2"0 Galvanized Anchor Bolts 1z ,12" e at Each End to Secure Bridge. r��Fieid Verify WI Top section continuous Horizontal. 6 e• Actual Bridge #4 Steel Reinforcement- O 12"O.C.Vertical(Upper Section) i�C � � W/6"O.C.Horizontal nneu•-ev Br�NXG�ll1R Section Det2il 13 12"Diameter,4,000 PSI Concrete James A. Richter '- °yam' Monolithic Placed Concrete Footing. 'r<•{• Typical at each end. NOTE: Elevation of New Bridge Abutment Registered Architect i; to be set•by the Contractor to ALIGN the flaw 4,000 PSI Concrete Abutment. Top of Bridge Deck with Contractors Bench Mark. "^ _ See Section Details for Steel (Taken from Center of Pre-Existing Concrete Road Deck) 4,000 PSI Concrete Abutment. Reinforcement. cField Vcri}y WI Top section continuous Horizontal. 705 Front Street Actual BridgeGreenport New York 11944 4,steel-Reinforcement- 12"O.C.Vertical(Upper Section ' Phone: 631-477-0998 er �#!6"-O.C.Hoitizonfai o 4 4 Steel Reinforcement- -i 6"O.C-Vertical EACH 12"O.C.Horizontalontal DAYLIGHTING PROJECT •, 4 �AQQpJ' i � _ � •�Y �^f-- <• Lower FaaWi9 S¢ttion. �. For the: 1/2"0 Galvanized Anchor Bolts - 4,000 PSI(12"0 Concrete Footing. at Each End to Secure Bridge. 1/2"0 Galvanized Anchor' Typical of Two at each Abutment. Bolts at Each End of Abutments Town of !o Secure New Bridge. . CONCRETE A13U TMENT PLAN Section Detail A S O U TH O L D 53095 Main Road, 11071 _ PROFESSIONAL SEAL DA LENGTH OF ALUMINUM BRIDGE 26"-0•' + 1"(Maximum)For Clcarange < " CONTRACTOR to verify actual LENGTH OF ALUMINUM BRIDGE Prior to Placement of New Abutments _ z=oma 2-0" fit'. r•`-, - `�;' •,. "`. .° .. �:.�" «s,•��b'.., `r' •., .er., _ is711Si13N:J •�� �•;�-.. a .. �y .i � ^.. _`o .aae ,�' '{• "- NO. ATE: __ REMARKS: �..•lx: �4 NEW Aluminum Pedestrian Bridge yea` `* •.' 4. "° 4;°'' • ;� ' ' aL> as MFG by Liberty Products, LLC. 26' Long X 5' Wide Deck Liberty X Series. -- = ��'•i',c •�• �' .•h- a '"O,tike S�< 4• ` .4•"Y r,sh] •.`Rs•.•.:¢. •f 6 New Concrete Abutment New Concrete Abutment •• Q DRAWING NO. See Details Above-(Opposite Hand See Details Above �'`t: ( PP 1 New Asphalt Walkway to be Uniform 1�I �1 New Asphalt Walkway to be Uniform nr�d ALIGN with existing Concrete Road' August 1 I, 2020 andALIGN with existing Walkway in a manner that complies with ADA Standards In a manner that complies with ADA Standards - n1 G SCALE. AS NOTED ALUMINUM BRIDGE PLAN WAM: 13AR. -_ CON•fkACT#: SHEEX 4 OF 4 SCALE: 112" = 1' - 0'° 8/17/20-001 i STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 91h day of July , 2021, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold Town website, www.southoldtownny.gov . Bid Moores Drain Daylighting Project J. lizabeth A. Neville Southold Town Clerk Sworn before me this 91h day of Jul , 2021. Ire Notary Public � Oz'8 UoieW sajidx3 uOissivawo3 63unoo�loj;nS ui peipleno mozognuo ON NJOA MGN;o GWIS'oilgnd ARION u3acinu W VGNAI 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: "MOORES DRAIN DAYLIGHTING PROJECT AT SKIPPER HORTON PARK" Definite specifications may be obtained at the Southold Town Clerk's Office beginning July 15, 2021 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD August 5, 2021 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of$10.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check(payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:00"on July 22, 2021 at the site located at 72250 Main Road(NYS Route 25) in Greenport,New York. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Southold Town Board - Letter Board Meeting of June 29, 2021 RESOLUTION 2021-532 Item # 5.11 ADOPTED DOC ID: 17184 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-532 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 2021: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the Moores Lane Daylighting Project at Skipper Horton Park. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Sarah E.Nappa, Councilwoman SECONDER:Jill Doherty, Councilwoman AYES: Nappa, Doherty, Ghosio, Evans, Russell ABSENT: James Dinizio Jr Generated June 30, 2021 Page 25