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HomeMy WebLinkAboutRoads in Shorecrest Subdivision .' JUDITHT. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFf1CER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER "'~ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Richard Corazzini Corazzini Asphalt Inc. P.O. Box 555 Cutchogue, New York 11935 Dear Richard: December 23, 1994 Superintendent of Highways Jacobs has advised me complete and satisfactory on the restoration of roads and at Shorecrest at Arshamomaque subdivision, therefore, herewith your $1,555.00 bid check. Enclosure Town Hall, 53095 Main Road P,O, Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 that the work is drainage systems I am returning Very truly yours, ~~ Judith T. Terry Southold Town Clerk . , . . THIS AGREEMENT made this day of September, 199~, between the TOWN OF SOUTHOLD, a municipality of the State of New York, having its principal office at 53095 Main Road, Southold, New York, (the "Town") and CORRAZINI ASPHALT, INC., having its principal office at Cox Lane, Cutchogue, New York (the "Contractor") agree as follows: 1. Performance of the Work. The Contractor shall perform the services in accordance with the description of those services set forth in the Bid Specifications for Subdivision Reconstruction/Restoration: Shorecrest at Arshamomoque, Southold, NY, dated July 26, 199~. 2. Compensation. The unit bid price schedule for the services to be furnished by Contractor is found in the Contractor's bid dated August 29, 199~, which is incorporated into this Agreement. 3. Commencement and Completion Dates. Contractor shall commence the work immediately and shall diligently and continuously prosecute the work at such date as will allow it to be completed and installed no later than sixty days from the signing of this contract. ~. Workers Compensation. Contractor agrees that it has or will secure, for the term of this contract, Workers Compensation coverage as required by law or this contract shall be void and of no effect. 5. Satisfaction of Legal Requirements. Contractor agrees to comply with the provisions in General Municipal Law ~103-a. 6. Non-Collusive Bid. Contractor certifies that its bid has been arrived at by the Contractor independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the Contractor, nor, to its best knowledge and belief, , , . . by any of its employees or agents, to any person not an employee or agent of the Contractor or its surety on any bond furnished herewith prior to the official opening of the bid. 7. Contractor's Representations. Contractor makes the following warranties and representations: A. Contractor warrants that Contractor shall comply with all federal, state and local laws, ordinances or regulations applicable to all of the services to be performed by Contractor. B. Contractor represents that the information furnished by Contractor with the bid is accurate and complete and Contractor acknowledges that Town has relied upon the accuracy and completeness of that information in the selection of Contractor as the lowest responsible bidder. C. The Contractor represents that Contractor shall utilize its best efforts to insure that Minority and Women Owned Businesses (MBE's and WBE's) have the opportunity to participate as subcontractors under this Agreement. In the event the contractor subcontracts twenty-five percent (25%) or more of its work hereunder, Contractor shall submit to the town an MBE and a WBE Utilization Plan, prior to execution of this Agreement. 8. Quality. Contractor agrees to provide, perform and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this contract, and with the greatest economy, efficiency, and expedition consistent therewith, with only new, undamaged and first quality equipment, materials and supplies. 8. Technical Ability To Perform. Contractor represents and warrants that it is sufficiently experienced and competent, and has the necessary capital, facilities, plant, organization, and staff, to provide, perform . . complete the work in full compliance with, and as required by or pursuant to, this contract. 9. Warranty of Work. Contractor warrants that the work and all of its components shall be free of defects and flaws in design, workmanship and materials and shall be fit, sufficient and suitable for the purpose expressed in the specifications. Contractor agrees promptly and without charge, to correct any failure to fulfill the above warranty that may be discovered or may develop at any time within one (1) year of the final' payment. 10. Contract Price. The contract price shall be paid in a lump sum upon completion of the work described in this contract in a manner approved by the Town Engineer 11. Prevailing Wage Rates. Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under the contract the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting there from shall be borne exclusively by Contractor. 12. Insurance and Indemnification. Contractor agrees to maintain general liability (comprehensive form) insurance with aggregate limits of one million dollars in accordance with the schedule attached as Exhibit A. Contractor agrees to indemnify, defend and hold harmless the Town of Southold against any and all liability, demand, cost or charge which the Town may directly or indirectly suffer as a result of Contractor performing the terms of this agreement. 13. Performance Bond. Contractor shall for the period of the performance of services hereunder, maintain Performance and Payment Bonds in . . the amount of one hundred percent of the amount specified in the Bid proposal which has been incorporated into this Agreement. 14. Subcontracts. Contractor shall not enter into any subcontracts in connection with the services to be performed by Contractor hereunder without the prior written approval by the Town of such subcontracts. All such subcontracts shall make express reference to the terms and conditions of the Agreement and shall obligate the subcontractor to comply with all applicable federal, state and local laws, ordinances or regulations relating to the services to be performed under the subcontract. In the event the subcontractor is required to furnish any insurance or bonds for the benefit of Contractor, the Town shall also be named as an additional insured or obligee. 15. Prevailing Wage Rate. Contractor agrees to comply with the provisions of the New York State Labor Law relating to the payment of prevailing wage rates to the extent applicable, or the applicable State Law in the state of disposal. In the event that at any time during performance under this Agreement the Contractor is required to increase the wages paid to any of its employees as a result of such requirement, all costs resulting therefrom shall be borne exclusively by Contractor. 16. Independent Contractor. Contractor agrees that it will conduct itself consistent with its status, said status being that of an independent contractor and, Contractor, its employees or agents will neither hold themselves out nor claim to be an officer or employee of the Town of Southold nor make claim to any right accruing thereto including, but not limited to, Worker's Compensation, Unemployment Benefits, Social Security or Retirement Membership or credit. 17. Dispute Resolution Procedure. If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or '. . . decision of Town, Contractor may notify Town in writing of its dispute or objection and of the amount of any equitable adjustment to the contract price or contract time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor shall, nevertheless, proceed without delay to perform the work as required, directed, instructed, interpreted, determined, or decided by Town, without regard to such dispute or objection. Unless Contractor so notifies Town within two (2) business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor shall be conclusively deemed to have waived all such disputes or objections and all claims based thereon. 18. Contractor's Remedies. If Town fails or refuses to satisfy a final demand made by Contractor pursuant to this contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within ten days following receipt of such demand, then Contractor shall be entitled to pursue such remedies, not inconsistent with the provisions of this contract, as it may have in law or equity. 19. Town's Remedies. If it should appear at any time prior to final payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the work with diligence at a rate that assures completion of the work in full compliance with the requirements of this contract on or before the completion date, or has attempted to assign this contract or Contractor's rights under this contract, either in whole or in part, or has falsely made any representation or warranty in this contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this contract or has failed to pay its debts as they come due and has failed to cure any such default within five business days after Contractor's receipt of . . written notice of such default, then Town shall have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue anyone or more of the following remedies: A. Town may contract to complete all defective work, have such correction performed at Contractor's expense, terminate the contract without liability for further payments, or pursue such remedies as it may have in law or equity. 20. Binding Effect. This contract shall be binding upon Town and Contractor and upon their respective heirs, executors, administrators, personal representatives, and permitted successors and assigns. Every reference in this contract to a party shall also be deemed to be a reference to the authorized officers, employees, agents, and representatives of such party. 21. Assignment. Contractor shall not (1) assign this contract in whole or in part, (2) assign any of Contractor's rights or obligations under this contract, or (3) assign any payment due or to become due under this contract without the prior express written approval of Town, which approval may be withheld in the sole and unfettered discretion of Town. Town may assign this contract in whole or in part, or any or all of its rights or obligations under this contract, without the consent of Contractor. 22. Notices. All notices required or permitted to be given under this contract shall be in writing and shall be deemed received by the addressee thereof when delivered in person on a business day at the address set forth below or on the third business day after being deposited in any main or branch United States post office, for delivery at the address set forth below by properly addressed, postage prepaid, certified or registered mail, return receipt requested. Notices and communications to Town shall be addressed to, and delivered at, the following address: . . TOWN OF SOUTHOLD Town Hall 53095 Main Road Southold, NY 11971 Attention: Thomas Wickham, Supervisor Notices and communications to Contractor shall be addressed to, and delivered at, the following address: CORRAZINI ASPHALT, INC. Cox Lane Cutchogue, New York Attention: R. Corrazini 23. Governing Laws. This contract and the rights of Town and Contractor under this contract shall be interpreted according to the internal laws of the State of New York. 2~. Severability. The provisions of this contract shall be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this contract shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this contract shall, in any way, be affected thereby. 25. Entire Agreement. This contract sets forth the entire agreement of Town and Contractor with respect to the accomplishment of the work and the payment of the contract price therefore, and there are no other understandings or agreements, oral or written, between Town and Contractor with respect to the work and the compensation therefore. Nothing in this contract shall be construed to waive or limit any aspect of Town's lawful authority to regulate the activities of Contractor, its subcontractors' or any other person or to regulate the work, the work site or any other matter falling within its lawful regulatory jurisdiction and powers. No review, inspection, test, audit, measurement, order, . . determination, decision, disapproval, approval, payment for or use or acceptance of the work, or any other act or omission of Town shall imply, create any interest in, be deemed to be the issuance of or require Town to issue any license or permit to Contractor or any subcontractor. 26. Amendments. No modification, addition, deletion, revision, alteration or other change to this contract shall be effective unless and until such change is reduced to writing and executed and delivered by Town and Contractor. 27. Miscellaneous. A. This Agreement shall be governed by the laws of the State of New York. B. Contractor shall not assign, conveyor otherwise transfer its rights or obligations under this Agreement without the prior written consent of the Town. C. This Agreement, including the Bid Specifications, Bid Form, and all Exhibits attached thereto represent the entire agreement between the Town and Contractor relating to the Services to be performed hereunder. This Agreement may be modified only by written agreement of Contractor and Town. D. To the extent of any inconsistency among the documents constituting the agreement of the parties, the priority among those documents shall be: 1. This Agreement 2. The Bid Specifications, including Exhibits 3. The Contractor's Bid E. If any provision of the Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of the Agreement and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein. . " . . F. Contractor agrees that it shall not discriminate and that it shall cause there to be no discrimination against any employee who is employed in the work, or against any applicant for such employment, because of race, religion, color, sex, age, marital status, handicap or national origin in any manner prohibited by the laws of the United States or of the State of New York. IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals the day and year first above written. By: Thomas By: STATE OF NEW YORK) 55: COUNTY OF SUFFOLK) On this;;l. ~ day of A;Z;-~t~ , 1994, before me personally came THOMAS H. WICKHAM, to me known, who being by me duly sworn, did depose and say that he resides at Private Road, Cutchogue, New York, and that he is the Supervisor of the Town of Southold, the Municipal Corporation described in and which executed the foregoing instrument; that he knows the seal of said Town; that the seal affixed to said instrument is such Town seal; that it was so affixed by order of the Town Board of the Town of Southold, and that he signed his name thereto by L LG/~l<=--. JOYCE M. WILKINS NotelV Public, State of New York No. 4952248, Suffallc CountY Term ElcpI_June 12. 1~:S- ';'" . . . STATE OF NEW YORK) 55: COUNTY OF SUFFOLK) On this Z!!! day of 7f~, 199~, before me personally came R. CORRAZINI , to me known, who being by me duly sworn, did depose and say that he is the President of Mobile Welding Service, Inc. the corporation described in and which executed the above instrument; and that he signed his name thereto by like order. ~hL~~~ {/ Notary Public JUDITH T. TERRY Notary Public, StatB of NBW York No. 52.0344963 __ QUBlified in ~uffolk Cou,,~~ Commission Expires May 31, .,.- .. . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Sonthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 19911 Richard Corazzini Corazzini Asphalt Inc. P.O. Box 555 Cutchogue, New York 11935 Dear Richard: The Southold Town Board, at their regular meeting he.lpon September 6, 19911, accepted your bid in the amount of $31,100.00, to furnish and supply all labor and material for the reconstruction and restoration of roads and drainage systems at Shorecrest at Arshamomaque Subdivision. A contract is being prepared by the Town Attorney's office at this time. Please obtain the required insurance and bonds and submit them to me as soon as possible. Thank you. Very truly yours, ~~. Judith T. Terry Southold Town Clerk Enclosures r . . INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and reatoration of all roads and drainage facilities in accordance with the Drawings and Specifications prepared by James A. Richter, R .A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, un t il 11:00 AM Thursday September 1, 1994. All Specifications are provided herein. A fee of twentY-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: July 26, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 "" .- . ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.1 SAFETY PRECAUTIONS AND PROGRAMS 10.1.1 The Contractor shall be responsible for initiating. main. raining and supervising all safety precautions and progr:IIl1S 111 connection with the performance of the Contract. 10.1.2 In the evellt the Contractor encounters on the site materia! rcasol1;1bly believed to be asbestos or po[ychlorilutecl biphenyl (PCB) which has not been rendered hJ.flnlcss. the Contractor shaH immediately SLOp Work in the an:a affected and report the condition to the Owner and Architect in writing. The \Vork in the affected area shall not thnc;lftn be resumed except by written agreement of the O\VI1lT and Contractor if in Liet the m;HcriaJ is asbestos or polychlorinated biphenyl (PCB) and Iu.s not been rendered harmless. Tile Work in tile :lIlected :lrea sh:!!! be resumed in the absence of asbestos or polychlori- luted biphenyl (PCB), or when it has been rendered turmkss. by written agret:ment of the Ov,'I1<.'1" and Contractor, or in :Iccordance \\-'ith final detnmination by the Archit('ct on \\"llicl1 :lrbirf:ltion has not heen dem:llldcd, Of hy :lrhitrarion under Article .J 10.1.3 The C:ontract(lr shall 11t)t be required pursuant t() Article ..., to perfofm ...vithout consent :llly \'(/ork rcl:Iting to ashestos Of p()lych!()rin:lted biphenyl (PCB). 10.1.4 To tile fullest ('xtent permitted by !:lw, the ()wner shall ilKkmnify and hold harmless the Contractur, Architect, Archi- tect's consult:mls and agents :md elllplo}TeS of :lI1y of them from and against claims, damages, losses and expenses, includ- ing hut not limited to attorneys' fees, arising out of Of resulting from pnformance of the Work in the affected area if in faCltbt: lll:lInbl is ashestos or polychlorinated hiphenyl (PCB) and Ius not been rendered h:lrmlcss, provided that such claim, damage, loss or t:xpense is attributahk to bodily in;ury, sickness, dise:lst: or dt:ath, or to injury to or dt:struction of tangihle property (other th:m the Work itself) including loss of use resulting therefrom, hut only to tht: extent caused in whole or in p:llT hy negligent acts or omissions of the Owner, anyone directly or indirectly employed hy the (hvner or :lIlyone for ",,,'hose :Kls the Owner may be IUble, regardless of whether or not such claim, damage, loss or expense is Glused in pan by a party indemnified hereunder. Such obligation shall nol be construed to negate, abridge, Of reduce other rights or obligations of indemnity which would otherwise exist as to a party or person <.kscribed in this Subp:lragraph 10.1.4. 10.2 SAFETY OF PERSONS AND PROPERTY 10.2.1 The Contractor sh:lll take reason:lbk precautions t<Jr s:lfcry of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the \X/ork and other persons who lll:lY be affected tbereby; .2 the \'(/ork and materials and equipment to he incorpo- r:II(.:'(l therein, .......hether in storage on or off the sitc, under C;.lfe, custody or control of the Contractor or tile Contractor's Subcontractors or Sub-subcontr:ie- lors; and .3 other property at the site or adjacent thereto, such a.,> trees, shrubs, lawns, walks, pavements, roa.dways, structures ;.md utilities nO{ designated for removal, rdo- cnion or replacement in the course of construction. . 10.2.2 The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of puhlic authorities bearing on safety of persons or property or their protcction from damage, injury or Joss 10.2.3 The Contractor shall erect and maintain, as required bv existing conditions and performance of the Contract, reaso~- :lble safeguards for safety and protection, induding posting danger signs and other warnings against ha~ards, promulgating safety regulations and notifying o,,"'ners and users of adjacent sites and utilities 10.2.4 When use or storage of explosives or other hazardous materials or equipment or unusual methods :Ire necessary for execution of the W'ork, the Contractor shall exercise utmost care and Gifry on such activities under supervision of properly qualified pers(mnel. 10.2.5 The Contractor shall promptly remedy d:unage and loss (other than damage or loss insured under propeny insurance required by the Contract Documents) to property referred (0 in Clauses 10.2.1,2 and 10.2.1.) cmsed in \'-'hole or in part by the Contractor, a Subcontractor, a Sub-subcontc_lCtor, or anyone directly or i!1lHrectly employed by any of rhem, or by anyone fOf whose acts they may be liable :md for which the Contracror is responsihle under Clauses lO.2,1 ,2 and 10.2.1..\ except clamag(' or loss :Htributable 10 acts Of omissions of the Chvner or Architect or anyone directly or indireClly employed by either of them, or by anyone for whose :lCts either of rhem 111:1'y' he liable, and not attributable to the bulr or negligence of the Contractor.. The foregoing obligations of the COJ1[r:lCtor arc in addition to the COI1lracwr's obligations undn Pafagraph 5. I H 10.2.6 The Contr:J.ctor shall desi!-,rnate a responsible member of the Contractor's organization at'th~';sitc whose duty shall be the prevention of accidents. This pt'rson Sh:lll be the Contractor's superintendent unless otherwise designated hy the Contractor in writing to the OVI-'ner :l.n<J Architect. 10.2.7 The Contractor shall not load or pnmit any part of the construction or site to be loaded so as to endanger ils safety. 10.3 EMERGENCIES 10.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the COl1tractor's discretion, to pre- vent threatened d:mlage, injury or loss. Addirional cOl11pensa- ti(l!1 (lr extension of time claimed by tile Contract()r on account of ;01 emergency shall be determined as provided in Paragraph 4.) and Article 7. ARTICLE 11 INSURANCE AND BONDS 11.1 CONTRACTOR'S LIABILITY INSURANCE 11.1.1 The Contractor shall purchase from ;md maintain in a company or companies lawfully authorized to do business in the jurisdiction in v,'hich the Project is located such insur:mee as will protect the Contractor from claims set forth helow which may arise out of or result from the COntr:Ktor's operations under the Contract and for which the Contractor may be legally liable, whether such operations be by the Cuntractor or by a Subcontractor or by anyone directly or indirectly t:mployed by :ll1Y of them, or by anyone for whose acts ;llly of them may be liable: .1 claims under workers' or w{Jrkmen's compensation, disability bendlt ;md other similar employee benefit acts which are applicable to the Work to be performed; AlA DOCUMENT A201 . GENERAL CONDITIONS Of THE CONTRACT FOR CONSTRUCTION. i'(){;RTEENTH EDtTION AIA(') . is) ]')~p '["HI' AMERII;AN INSTtTllTE OF ARCHITECTS, t7Y; NEW YORK AVENUE, N,W., WASlllNGTON. D,C. 200()(, A201-1987 19 'NARN1NG: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .... . .2 claims for damages because of bodily injury, occupa~ tional sickness or disease, or death of the Contractor's employees; .3 claims for damages because of bodily injury, sickness or disea'lc, or death of any person other [/1;111 the Con- tracwr's employees; .4 claims for damages insured by usual personal injury liability coverage which arc sustained (1) by a person as a result of an offense directly or indirectly related [0 employment of such person by the Contractor, or (2) by another person; .5 claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty, including loss of use resulting therefrom; .6 claims for damages because of bodily injury, death of a person or property damage arising out of owner- ship, maintenance or use of a motor vehicle; and .7 cbims invol\'ing comractu:llliability insurance appli- cthlc to the Contractor's obligations under Paragraph 51H 11.1.2 The insur~lI1ce required by Subparagraph 11.1.1 shall he wriw:n for l10r less than limits of liability specified in the Con- tract Documents or required by !a""" \vhichever coverage is greater. Coverages, whether written on an occurrence or claims-made basis, shall be maintained \"'i(hout interruption frolll d:ue of commencement of the \Vork until date of final payment and termilution of an)' cover;lge required to be main- lained after final paymenl 11.1.3 Certificates of Insurance acceptable to the Ov,'ner shall be filed \\/ith the Owner prior lu commencement of the Work. These Certificates and the insurance policies required by this Paragraph II. I shall contain J provision that coverages :lffordcd under the policies will not be cancelled or allowed to expire until at Ica'it 30 days' prior written notice has been given [() the Ov,/I1er. If any of the foregoing insurance coverages are required to remain in force after final payment and arc rea.son- :lbly available, an additional certificate evidencing continu:1[jon of such coverage shall he submitred v,/ith the final Application for Payment as required by Subparagraph 9.10.2. Information concerning reduction of coverage shall be furnished by the Contractor \\lith reasonable promptness in accordance with the Contractor's information and belief. 11.2 OWNER'S LIABILITY INSURANCE 11.2.1 The Owner shall be responsible for purchasing and maintajning the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain ocher insurance for self- protection against claims which may arise from operations under the Contract. The Comractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurano: unless specifically required by the Contract D()Cull1ent.s. 11.3 PROPERTY INSURANCE 11.3.1 l :nkss otherwi...;,e provided, the Owner shall purchase and maint:lin, in a comp:IllY or companies bwfully authorized to do husincss in the jurisdiction in which the Project is located. propeny insur:lllcc in the amount of the initial COll- tr;lC! Sum as well ;IS suhse(]uem moLlificalions thereto for the cntire \X/ork :n the site on a repbcell1em cost basis without vol- untary deductibles, Such property insurance shall be main- t;lined, unless otherwise provided in the CotHract Documents or otherwise agreed in \"\Titing by all persons :lI1d emit ies \vho :lfC heneficiaries of sllch insur:lJ1ce, until final payment has Ix'en 1l1ade as pf()vided in Par:Jgr:lph <). I () ()r llntilno person or emity . other than lhe Owner has an insurable interest in the property required by this Paragraph 11.5 to be covered, whichever is earlier. This insurance shall include imerests of the Owner, the Contractor, Subcontractors and Sub-subcomractors' in (he '\X,'ork. 11.3.1.1 Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of co\'erage, theft, vandalism, malicious mischief, collapse, false- work, temporary buildings and debris rem< lVal including demolition occasioned by enforcement of any 3.pplicabJc leg:ll requiremenls, and shall cover reasonable compensation for Architect's services :lnd expenses required as a result of such insured loss. Coverage for other perils shall not be required unless otherwise provided in the Contract Documents, 11.3.1.2 If the Owner does not intend to purchase such prop- erty insurance required by the Contract and with all of the cO\'erages in the amount described above, the Owner shall so inform the Contractor in writing prior to CO!l1mt:ncell1t:nt of lht: Work. The Contractor m:ly then effect inSllr~mcc which will prolect the interests of the Contractor, SUhCOnlr:lctors and Suh- subcontractors in the Work, and by appropriate Change Order the cost thereof shall he charged to the Owner I r the Contra(> tor is danuged hy the failure or neglect of Ihe Owner to pur- ch;l'ie or maintain insurance ;IS descrihed ~lhove, without so notifying the Contractor, then the Chvtll'r shall bear all reason- :lhle costs properly attribut:lble thereto 11.3.1.3 ]f the property insurance requires I1linimum deducli" bles and such deductibles are identified in the Contract Docu- ments, the Contractor shall pay costs not covered because of such deductihlcs. If the Owner orinsurcr increases the required minimum deductibles above the -amounts so identified or if the Owner elects to purchase this ii1:surance ,,,'itl1 voluntary deduc- tible amounts, the Owner shall he responsihle for paymcnr of the additional costs not covered because of sllch increl'ied or voluntary deductibies: If deductibles are n( It identified in the Contr:lct Documents, the Owner shall pay costs not covered because of deductib]es. 11.3.1.4 Lnless otherwise proviJed in (he Contract Docu- ments, this property insurance shall cover portions of rhe Work stored off the site :lfter writlen approval of the Owner :It the value eSlablished in the approval. and also P()J'tiOllS ()fthe Work in tr:Hlsit. 11.3.2 Boiler and Machinery Insurance. The Owner shall purch:L'ie and maintain boiler and machinery insurance required by the Contract Documenrs or by law, which shall specifically cover such insured objects during installation and umi! tin a] acceptance by the Owner; this insurance shall include imerests of (he Owner, COlllractor, Subcontractors and Sub- subcontr2.ctors in the Work, and the Owner and Contractor shall be n:lmed insureds. 11.3.3 loss of Use Insurance. The Owner, at the Owner's option, m:J\' purchase and maintain sLlch insurance as will insure the Owncr against loss of use of the Ov.'ner's property due to fire or other h:lI'..ards, ho\\'e\'er caused The Owner waivl'S all rights of action ag~linst the Contractor for loss of use of till" Owner's property, including conseqllentiallosses duL' to fire or other ll:u.ards however clused 11.3.4 If the Contrac[()r requests in writing that insurance for risks other than those described herein or for other special haz- ards be included in the property insurance pulicy, the Owner shall, if possible, include such insurance, and the cost thereof shall be charged [() the Contractor by' appropriale Ch;tnge Order. 20 A201-1987 AlA DOCUMENT A201 . GENERAL CONDITIONS OF THE CONTRACT fOR CONSTI{[lCTIO!\ . FOLHTEENTII EDITION AlA") . @1')H7TIIEAMERICANINSTITUTEOFARCHITECTS, I 7Yj NE\X/ YORK AVt'NL'E. N\X'_. \'('ASIIINGi"ON, DC .!O()(}() WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. ~ . 11.3.5 If during the Project construction period the Owner insures properties, real or personal or both, adjoining or adja- cent to the site by propeny insur.mce under policies separate from those insuring the Project, or if after final payment prop- eny insurance is to he provided on the completed Project through a policy or policies other than those insuring the Proj- ect during the construction period, the Owner shall waive all rights in accordance with the terms of Subparagraph 11.3.7 for damages caused by fire or other perils covered by this separate property insurance. All separate policies shall provide this v..'aiver of subrogation by endorsement or otherwise. 11.3.6 Before an exposure [0 loss may occur, the Owner shall file with the Contr;lctof a copy of each policy that includes insurance coverages required by this Paragraph 11.3. Each policy shall contain all generally applicable conditions, defini- tion.s, exclusions and endorsements related to this Project. Each policy shall contain a provision that the policy will not be Gl.llcclled or allowed to expire until at least .10 days' prior "'Tit- ten notice has been given to the Contractor. 11.3.7 Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcon- tracwrs, sub-subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 6, if any, and any of their sub- contractors, sub-subcontractors, agents and employees, for d:U113ges caused by fire or other perils to the extent covered by property insurance obtained pursuant to this Paragraph 11.3 or other property insurance applicable to the Work, except such rights as they have to proceed., of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 6, if any, and the subcontrac- tors, sub-subcontractors, agents and employees of any of them, by J.ppropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enum- erated herein. The policies shall provide such waivers of subro- gation by endorsement or otherwise. A waiver of subrogation Sh;lll be effective as to a person or entity even though that per- son or entity would otherwise have a duty of indemnification, contrJ.ctual or othenvise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable inrerest in the properry damaged. 11.3.8 A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Ov.mer as fiduciary for the insureds, as their imerests may appear, subject to requiremems of any applicable mortgagee clause and of Subparagraph 11.3.10. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the ContrActor, and by appropriate agreements, wriUen where legally required for validity, shall require Subcontractors to make payments to their Suh-subcontractors in similar manner. 11.3.9 If required in writing by a party in interest, the Owner as fiduciary shall, upon occurrence of an insured loss, give bond for proper performance of the Owner's duties. The cost of required bonds shall be charged against proceeds received as fiduciary. The Owner shall deposit in a separate account pro- ceeds so received, which the Owner shall distribute in accor- dance with such agreement as the parties in interest may reach, or in accordance with an arbitration award in which case the procedure shall be as provided in Paragraph 4.5. If after such loss no other special agreement is made, replacement of dam- aged property shall be covered by appropriate Change Order. . 11.3.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of loss to the Owner's exercise of this power; if such objection be made, arbitrators shall be chosen as provided in Paragraph 4.5. The Owner as fiduciary shall, in that case, make settlement with insurers in accordance with directions of such arbitrators. If distribution of insurance proceeds by arbitration is required, the arbitrators will direct such distributioll. 11.3.11 Partial occupancy or use in accordance with Paragraph 9.9 shall not commence until the insurance company or com- panies providing property insurance have consented to such partial occupancy or use by endorsemcnt or otherwise. The Owner and the Contractor shall take reasonable steps to obtain consent of the insurance company or comlxmics and shall, without mutual written consent, take no :lction '\vith respect to partial occupancy or use that would cmse cmcclJation, lapse or reduction of insurance. 11.4 PERFORMANCE BOND AND PAYMENT BOND 11.4.1 The Owner shall have the right to require the Contrac- tor to furnish bonds covering faithful performance of the Con- tract and payment of obligations arising thereunder as stipu- lated in bidding requirements or specifiu.!ly required in the Contract Documents on the dale of execution of the Contract. 11.4.2 Upon the request of any person or l'ntil y appearing to be a potential beneficiary of bonds covcring payment of obliga- tions arising under the ContGlCt, the Contractor shall promptly furnish a copy of the bonds or shall pcrmil ;I copy to be made ARTlCI,..E 12 UNCOVERING AND CORRECTION OF WORK 12.1 UNCOVERING OF WORK 12.1.1 If a portion of the Work is covered contrary to the Architect's request or to requirements specifically expressed In the Contract Documents, it must, if rcquired in writing hy thc Architect, he uncovered for the Architect's observation ;llll1 be replaced at the Contractor's expense without change in the Contract Time. 12.1.2 If a portion of the Work has been covercd which the Architect has not specifically requested to observe prior to its being covered, the Architect may request to sec such Work and it shall be uncovered by the Contr:Ktor. If such Work is in accordance with the Contract Documents, costs of uncover- ing and replacement shall, by appropriate Change Order, be charged to the Owner. If such Work is not in ;Jccordance with the Contract Documents, the Contractor sl1:1I1 pay such costs unless the condition was caused by [he (hvncr or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK 12.2.1 The Contractor shall promptly. correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether ohserved Ix.fore or dfter Substantial Completion and whether or not f:lbricatcd, installed or completed. The Contractor shaH bear costs of correcting such rejected Work, including additional testing and inspec- tions and compensation for the Architect's services and expenses made necessary thereby. 12.2.2 If, within one year after the date of Substantial Comple- tion of the Work or designated portion thereof, or after the d:lte AlA DOCUMENT A20l . GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION. FOURTEENTH EDITION A1A@ . lc) ]')H7 THE AMERICAN INSTITFI"E Of A]{CHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C ,2()(){)(i A201-1987 21 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. .-- . . SUPPLEMENTARY GENERAL CONDITIONS The following supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I .A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line fOllowing the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .8 Liability insurance shall. iIlclude all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: The Contractor shall furnish J.nsurance with the fOllowing minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION . G - 1 ".... . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 $ 1,000,000 Aggregate, Completed Operations. Each Occurrence Products and b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability include Coverage for hazards: C (collapse), U Insurance shall the fOllowing (underground) . e. Contractual Liability Coverage): (Hold Harmless f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensi ve Automobile Liability (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 ....... . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1994 Stanley F. Skrezec 50 Gull Pond Lane Greenport, New York 11944 Dear Mr. Skrezec: The Southold Town Board, at a regular meeting held on September 6, 1994, accepted the bid of Corazzini Asphalt, Inc., in. the amount of $31,100.00, to furnish and supply all labor and ni.i!ferial for the reconstruction and restoration of the roads and drainage systems at Shorecrest at Arshamomaque Subdivision. Returned herewith is your $1,744.50 bid check. submitting your bid on this proposal. Thank you for Very truly yours, ~~ Judith T. T~ Southold Town Clerk Enclosu re -~ -,;~-~~- . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1994 Patrick Bistrian, Jr., Inc. 175 Springs-Fireplace Road East Hampton, New York 11937 Dear Mr. Bistrian: The Southold Town Board, at a regular meeting held on September 6, 1994, accepted the bid of Corazzini Asphalt, Inc., in the amount of $31,100.00, to furnish and supply all labor and material for the reconstruction and restoration of the roads and drai.nage systems at Shorecrest at Arshamomaque Subdivision .A' Returned herewith is your $7,350.00 bid check. submitting your bid on this proposal. Thank you for Very truly yours, ~~ Judith T. Terry Southold Town Clerk Enclosure . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1994 Patricia Panchak, President K.J.B. Industries, Inc. 70 Park Road Riverhead, New York 11901 Dear Ms. Panchak: The Southold Town Board, at a regular meeting heldlln ,September 6, 1994, accepted the bid of Corazzini Asphalt, Inc., in 'the amount of $31,100.00, to furnish and supply all labor and material for the reconstruction and restoration of the roads and "drainage systems at Shorecrest at Arshamomaque Subdivision. Returned herewith is your Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, ~~ Judith T. Terry Southold Town Clerk Enclosure /// ~, ........'" . U L-....., I ~nL. I r ll~uUNAI\I'.."l::. eUIVIt-' AI\I Y ~ODLAND HILLS, CALIFORNIA BID BOND BOND NO. 0345582-57 PREMIUM -0- BID DATE: 9/1/94 <NOW ALL MEN BY THESE PRESENTS, That we, K.J .E. Industries, Inc., 70 Park Road, Riverhead, NY 11901 .hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, Jrganized and existing under the laws of the Slate of California and authorized 10 transact a general suret\ Jusiness in the State of New York (hereinafter called Surety), as Surety lre held and firmly bound unto Southo1d Town Engineering Dept., Main Road, Southo1d, NY hereinafter called Obligee) in the penal sum of Five percent (5 %) not to exceee Five Thousand and No/100--------________________________________________--------------------____c ----------------------------------------------------------- D II (O' 5 000 00 ) oars ..' . ----------__________ or the payment of which the Principal and Ihe Surety bind themselves, Iheir heirs, executors, administrators. iUGCeSsors and assigns, jointly and severally, firmly by these presents. rHE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas the Principal has submitted or is about to iubrnit a proposal 10 the Obligee on a contract for Drainage, patching and laying; 'an oil and stone road _ subdivision reconstruction - Shorecrest at Arshamongue. \jOW, THEREFORE, if the said contract be awarded to the Principal and the Principal shall, within such time ao nay be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the uilh!ul purlorrrlUllco 01 lho silid cOlltruct; or il tho PrillciPill shilll filii to do so, PilY to tho OLJlifJoo Iho ualll(l!Jus "hich the Obligee may suffer by reason 01 such lailure not exceeding the penalty of this bond, then this obligatloll ihall be void; otherwise to remain in full force and effect. 31GNED. SEALED AND DATED THIS 30th DAY OF August , 19 94 K.J.B. Industries, Inc. By: &A'~ LLL . Princ'pal /.K' c5' AMWEST SUREr I~. RANCE COMPANY By:f)Jr;;U.j ?h {k~(t1-. Patricia Von Posch . Attorney-in-Fact . (Acknowledgment by principal, ::~::;~~ ;~~~. .. . ... . ...... .:...... . .. . J ss: (Notary': =uJ to tt. attach.., " . i: an individual.) On this................... . day of............................... .19...... before me personally came..... . .. . . . . . . .. . ., . ......... . .....:. '" . _ . . " _... . .. ... ...... . " " to me 'known, who being by described in and who executed the foregoing instrument, and he acknowledged that he exec:Jted the same. Sworn before me this.................. ....., .day of............ _ . . . . . . . . . . . . . .. . _ .IS... .. ~ . .. .. .. .. .. .. . .. .. . .. - . . .. . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Notarf Public, (Acknowledgment by principal, if a partnership.) STATE OF N~ YORK, ~ ss' COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . .. (NoQry's seal to b. "~..ac:.h.ed) On this. . . . . . . . . . . . . . day of - . . . . . . . . . . . .. personally appeared before me. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - - . . . . . . - . . . member of the firm of............ _ . . . _ . . _ . . . . . . . . . . . . . . . . . . . . . . '" .. _. ... . . . . . . . -. . . . " to me known and known to me to be the individual. " descdi::ed in and who executed the foregoing)nstrument and he acknowledged to me t'lat he executed the same for and en behalf of said firm. Sworn before me tJ1is... . .. ................ _ _ day of..... . . .. . .. . . .. . . . .. .. . . . . .. . . . . .. . .19. . . .. ......................................--......... Notary Public.. (Acknowledgment by principal, if a corporation.) STATE OF N~ YORK, f ss: COUNTY OF.. SCi.FI": (11..!(................... '.f (Nc:;:,ry',S seal ':c ~. ar..ached) _'. On this.. ......~ !.~~..... .day of.... /li.!Yi .I/.:? T............. .19.7.1., befere me pe~:na::y came. . . . . .1?/l.r.I!.r.C; ).11. .. ftJ..llr:. It II ;e:;... . . . . . .. .. _..... . ...........-. to me l<:1own te t:e '.:::e ,:e,s:n me duly sworn, did cepese and say, t,at he resides in. . .il. ( !J.if.~.1!.;;1 o. . . ./.'V .y'-. . . . . . . . . . .. . . . . . that he is the. . . . . (If{P$/./).I?. AJ. r.:. . . . .. . . . . . . . . . . " ef t'le.. . K...~ :!l..: )l}<!\lsp'.i.e.s.,. .~I).~'" . . .. . . . . ................................................. ...... ....... t'ie cor~craticn described in and which exec:.Jt:-= t~e fcr=5J;~5 instrument; that he k:iew the s221 of said cor;Jcration; that tt"'1e sc~ arrlXed to aid ir:st"!.,;.~e."':t w;:s sue:' corporate seal; that it was affixec by creer or t.'ie Scare 0 i ectc of sa' c=rt=c"'~:;cr:t 2:-:C ~:"':2t he signed his name t'1ereto by Iik~rc!er. .1 Sworn before me this.._....~\...............day of.... ...199'1. ............ ?!1olic. J\.:C:.877 (N.Y. S~~~. blic in th St eo STATE OF NEW YORK, ~ No. 4863272 N ss: Qualified in Suffolk County oL COUNTY OF... - . !,.s.s.~tI.. - . . .. . .. ..... .... .... . '" My Commission Expire.sJune23. 19.I!P On this. . . . - ~~t~. . . . - . . .. . . day of.. . !\.P.!l'!~ L .. . . . .. . _ . . . .. . . . . . . . . . . . . ., :9. 9~., ee'ere me, ::c e Undersigned, a Notary Pub lie in and for said count-f. personally appeared. . . . _ . . . _ . . . . . . . . . . . . . . . .. . . ....... .l?<il~F.i.c.i.q. :Y911. fp.s.G.b................... who is to me well known, 'Hho being cufy 3'"."Ior:-:, c:d depose and say t.,at he resides in... !'I.e..,.. Y!'_r:~. .~_...................... _ __................... that he is Attorney-in-Fact of Amwest Surety Insurance Company the corporation described in and wr:o execut:d the 'Nit,;n ir.sttul"i'lent as suret'/. 'Ihat he .~i:C"NS t;;: s:.:! of said corporation; that the saal affixed to said instr..:ment is suc;; corporata saal; ~'2t it 'N<;!S t.~e~:::J affixed by order of the Board of Directors of said cor;;craticn, and t.,at he signed his nar:oe ~'era:o :y :I~= order. Subscribed and swern to before me this_. .3.Q~tl_. . . L . day O~N~t.~!';~'I\;;; ~c;.';';.di .. . . . ..... .. .19. . %..1 4.7- / /.1/ ..---/- {~,<"..-ce-/-c- /:"~~'-?c -...... . . .. .; ~. c... -. '~AFf J: f<ri\l<1s.ro~'_' . . :.;ii"c' . . ""';10'''- 0- ~~.~-...... .'10 s..-.=-l'Jbtary Pub ie, State of'~W'Yo~- . _. -... " ... ~..-- -. ---. No. 41.7273025 OW:llifien in OIJp.en~ r.nuntv d/ / !).:'~, 00000 Bonel nllmber 0345582-57 000000000 o ~Ooooa""Oa~ ~aa~~.J~::,,:~a~o -: ~ !~~~ ~'". ' ,~:u 00" ' 00, . ~ +l 0 ~o: ~a~l.:...t..o.aao ~~a"":;'lao.o~~ vo"Oooo!..o 00000'" lbis document is printed on multi-colored security paper with black and red ink, with border in blue ink: and bears the raised seal of Amwest Surety Insurance Company (the .Company"). Only unaltered originals of this Power of Attorney ace valid. This Power of Attorney is valid solely in connection with the execution and delivery of the bond noted below and may not be used in conjunction with any other power of attorney. No representations or warranties regarding this Power of Attorney may be made by any person. This Power of Attorney is governed by the laws of the State of California. Any power of attorney used in connection with any bond issued by the Company must be on this fonn and no other form shall have force or effect. KNOW ALL MEN BY THESE PRESENTS, that Amwest Surety fnsurance Company. a California corporation (the"Coll1r.anY"a) does hereby make, constitute and appoint: wI L LI AM F. ~, M? NE Y JOHN E. IWE, SR. CATHERINE MC CABE PATRICIA VON POSCH JOHN E. IWE, JR. AS EMPLCYEES OF CITY UNDERwRITING AGENCY, INC. CF FLORAL PARK, NY ( its tme and lawful Attorney-in-Fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recog"nizances or other written obligations in the nature thereof as follows: 81d Bonds up to $*;'1,000,000.00 Contract (Performance & Payment), Court, Sutaivis on $**3,000,000~ " License & Permit Bonds up to $*****50,000.00 Miscellaneous Bonds up to $*****50,000.00 so. ,) ,,"" '::: ,to ~, ,"" e " f- l.~ 'f- 'j .,:) r: and to bind the Company thereby. This appointment is made under and by authority of the By-Laws of the Company, which are now in full force and effect. ",'~ <:,,,, ",j ;;; .,J'. '.) ',",' }: CERTIFICATE I, the undersigned secretary of Amwest Surety Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors set forth on the reverse, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. c. ~;, C' . Signed and scaled this 30th day of August ,_19~ ~p~ Karen G, Cohen, Secretary 0000345582 - n ,13-0576990 ~ . . lINlNCIAL STATEMENT - DECEMBER 31, 1993 AMWmST SURETY INSURANCm COMPANY ASSET,,! Bonds Preferred stocks Common stocks Mortgage loans Real estate Cash on hand and on deposit Short term investments Agent's balances Reinsurance recoverable EDP equipment Accrued interest Intercompany receiVable other admitted assets Total assets STATE OF ~OUN'l'Y OF Cali ~ol'"rda Log Anaeles $ 74,846,014 9,449,849 7,642,537 167,921 1,921,919 (104,942) 4,940,113 5,781,147 1,308,168 1,134,918 1,420,320 135,764 2.087.493 $110,731,221 ====----== LIABILITIES. SURPLUS AND OT~R JlUNDS Losses and loss adjustment expenses contingent commission Other expenses Taxes, licenses and tees Federal income taxes payable Funds held by Company under reinsurance treaties 1,115,208 Unearned premiums 26,069,215 Funds hald on account of others $ 6,326,644 831,111 2,164,360 846,839 202,185 39.921.214 Total liabilities $ 77,376,776 4,000,000 '10,000,000 . 6,590,000 1.2 764.445 Capital stock Surplus note Paid-in surplus Unassigned funds Surplus as regards policyhOlders Total liabilities and surplus 33.3~4.445 $110,731,221 ..--- fChn E. Savage, President of Amwest SUrety Insuranoe Company, being duly sworn lepOSElS and says that he is the above described officer ot said Company; that aid Company is a corporation duly organized, existing and engaging in busines s a surety company under and by virtUe of the laws of the State of Calitornia nd has dUly complied with all requirements ot the laws of the said State pplicable to said Company and is dUly qualified to act as Surety under such aws; that the above is a true statement ot the Assets and Liabilities ot said ompany ot the 31at day of December 1993. Ubscribed and sworn ..;J.qllt day of H a../Lr.L. to before me this ~,(fn A Notary . ~D;( , 1994 2n~ zr ..../cz.,~ J n E. Savage President ~ ...... - - . - - 'f ~ IUlAND.1CRilS ,. '. COMM. , I012lll1 ,,' I -.. . Nola,.,,...,.. - Call1v_ f ~ (OtANQEl!ICOlJMY- J. . _ ."":C~~.~':;..~l . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1994 Terry Contracting & Materials, Inc. 840 West Main Street Riverhead, New York 11901 Gentlemen: The Southold Town Board, at a regular meeting held on September 6, 1994, accepted the bid of Corazzini Asphalt, Inc., in the amount of $31,100.00, to furnish and supply all labor and llJaterial for the reconstruction and restoration of the roads and draina"ge systems at Shorecrest at Arshamomaque Subdivision. Returned herewith is your Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, ~~ Judith T. Ter~ Southold Town Clerk Enclosure . . THE AMERICAN INSTITUTE OF ARCHITECTS I BOND #NEE 023391 BID BOND lOW ALL MEN BY THESE PRESENTS. Ih., w< Terry Contracting & Materials, Inc. of 840 West Main Street, Riverhead, NY 11901 The ^m~ric.J:(\ IOH;luf(' of Arch,cech. AlA OocUrT'\Cnl No. A)IO (f('bru~ry. 1970 cd,r.onl Pr,nc,pdl. hereinafter c"lI-td lh(' Princ.p.al. dnd Skokie, IL 60077 National American Insurance Company, 5550 W. Touhy Avenue, :orpOr.lCion duly org.Jnized under Surely, herein.a(ler called the Surety. .He- held ..nd furnly bovnd vnlD Southold, NY 11971 fhe l.aws 01 ,he Sure of Nebraska Town of Southold, 53095 Main Road, 5~ of the bid amount not to exceed------_______________ ObliQ('e. hereinafter called the ObliQee. in (he sum 01 ---_ '/0 ----------------------------------Three thousand and 00/100-----_________________________ 00'''..' ($---3,000.00-----,. Ihe p'ymenl 01 which 'um we" .nd "u'y '0 be m.de. 'he ..,d p'''x.p.1 .nd ,he "'d Su.<,y. b.nd ourselve,. au. he",. exeeu'o.,. .d~.n" tors, SuCCessOrs Jind assiQns. ;oinrly .and sevcr4llly. firmly by Ih('se D(~('nfS -{EREAS, Ihe Principal has submitted" bid for ArShamomogue Subdivision Reconstruction & Restoration for Shorecrest at W, THEREFORE, If the Obligee ,h.1l accep. ..... bid of .he Pdncip.' 'nd .he Prineip.' ,~." enler in.o . (on'"c, wil~ ,he Obligee in accord. e with the term, of such bid, 'nd give such bond Or bond, " m.y be specified in .he biddin9 0' (on'"c. Documen', wi'h good .nd ,ufficien' ty fo< the f.llhful pedo,manee of 'uch (onl"c. .nd fa, Ihe p'omp' p.ymen' of '.bor .nd m"O'i.' furni.hed in '~e pro'ecullon .hereol, or he even. of the Iailu'e of the P'ineip.I,o en'e' 'uch Con"." .nd give 'uch bond or bond.. if I~e P'incip.1 ,~.II p,y 10 Ihe Obligee '~e dif. nee not '0 exceed the pen.lry hereof be.ween 'he 'mounl ,pecified in ...d bid .nd 'ue~ '''ge' .moun' fa, w~ich Ihe Obligee m.y in Qood ' contract with .ne'h<< p.rty '0 pe,(o,m the Wo,~ covered by said bid. I~en '~i, obli9"ien .h.1I be null .nd void, o'~elWi,e 10 rem. in in force I.nd effect. ~d .nd sc~led thi, 1st d~y of September 19 94 Contracting & Materials, Inc. IPtioxiOal1 (S~aIJ (Wilt\.CU! Lta ~~ (r;Il~ t ~d to febrv.lry. 1970 I.(b Pr;nt~d in U.S_A. National Awerican Insurance Company L~4"e.w.. ~l1m Francesca Papa, Attorn;y.1in-Fact '<...-.- II:.ATIOIIIAL AMERICAN INSURANt COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETY PAPER WI'llI BROWN INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: ThaI the National American Insurance Company. a corporation duly organized under the laws of the Stale of Nebraska, having its principal office in the city of Chandler. Oklahoma, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 8th day of July, 1987, [0 IA'it: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Pawn of Attorney constituting as Altorney-in-F:KL such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority to the allorney(s)-in-fact tl) sign, execute, ackno\'.'ledge, deliver or other- wise issue a policy or policies of insurance on behalf of National American Insurance Company Be It Further Resolved, that the signature of any officer and the Seal of the Company Illay he affixed to any such Power of Altomey or any certificate relating thereto b'r' facsimik. and anv sllch Power of Attorney or certificate bearing such fac- simile signature or facsilllil~ seal shall be valid and 'binding upon the CO~lp,m:y and any such powers so executed and certified by far,:simile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to '\'.'hich it is attached." National American Insurance Company docs hneby llulkc, constitute and appoint Francesca Papa BOND NUMBER NBE . 023391 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Terry Contracting & Materials, Inc. 840 West Main Street Riverhead, NY 11901 EFFECTIVE DATE September 1, 1994 CONTRACT AMOUNT 1 $ ---60,000.00--- ! BOND AMOUNT $ ----3,000.00--- its true and lawful anorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute. acknowledge and deliver in its behalf, and its act and deed. as follows: The obligation of the Company shall not exceed one million ($1.000,000.00) dollars And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were signed by the duly authorized officer of the National American Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the National American Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. STATE OF OKLAHOMA) COUNTY OF LINCOLN ) On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me duly sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the said instrument is such corporate seal: that it was so atlixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. STATE OF OKLAHOMA) COUNTY OF LINCOLN ) I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, 00 HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. SS: SS: NATIONAL AMERICAN INSURANCE COMPANY }V ~?r/ ~ W. Brent LaGere, Chairman & Chief Executive Officer ~ Y?1~ Notary Public My Commission Expires Augmit 30, 1995 1st; day of September, 19 ~iaJ/ /~~ Winifred E, Mendenhall, Assistant Secretary Dated the 94 County of E ~ E '" G ~ o c -" :l . } ~- . State of On this day of . 19_. before me personally came to me known, and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he executed the same. My commiss;ion expires Notary Public ------~----------------------------------------------------------- State of County of }~- E G E '" " G i o c ~ to be a member of the firm of <( described in and who executed the foregoing instrument, and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. On this day of ,19_. before me personally came to me known and known to me My commission expires Notary Public ---------------------------------------------------------------------- State of County of }~- On this day of , 19_. before me personally came who being by me duly sworn, did depose and say that he is the , to me known, of 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. My commission expires ------------------------------------------------~~~~!~~~------------- State Of~r=l l. ') \f()({: L } ~_ County of N CL:::::'~-l\. l\ On this ~,~-r--- 3 day of '~1)+P~.r , 19~, before me personally came '--de I' Vl ~ SI._ QQ i: ~fO-_ ~o ~ '0_. ~". ~;~ >. ~ '0', ,_. '" ,.~. '0' ~ ... he is an attorney-in-fact of ' Q/lcC' -1, ( l'lCL{.l('.J) CbYLM..fLq the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the ;;;;;;J affixed to the within instrument is such corporate seal, and that he 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. MV commission expire~ CATHERINE MOORE _I'UIIIJC. SWe 01__ No. 30-4754233 = 1(1&.1,.. G4"- 0)4 . . .&oIrMAuo.31.i~ e4<--d~A...L--,:...c~ h/[~ ~'.- . <'\ '- If. -, "'--l! .', .~.:. -I" . '::f' ~{ -. .-.'-.' ....~ . . :::tD!Umlll1 rlRE AHD CASUAlTf COHPAII(S . ...5S0'IA1101 (DITrOK . rOI. 2' kll: (& tile (uc .1 IKI"K.I ,Ict.llqrl ... aU<<' Ina " ...., .1" 1f'C1.1 lnIN1"lf. tk ",au" UIlI. .. nf~fllCtl It Uti .1... If Ife ..-Ittd, ~. still k (tlI1IWf t. ...Ir tI wG 1_.., III rtsJtd. I' (tlTtIfIlIIi'laq Mil.... laI.....;I'" a. . PlLaI .., n..... Ho~"Ha~: H"ln A.CllIIlllistratlve Off Ice Hal I :'CI~ress Fri~ary location of ;o~ts ,1M M!!(:orCls .l.nnu.1 StUt'lllellt (01l1"c1 ~crson .1IC1 .hone NUlIItler lmmmmllmmmllmmlmllmn At'\'NUAL STA TEME~T ror the fur [nded Oecc_tlH )1. 1993 or THE CDNC1TION LNO ...rrAIRS or TH( National American Insurance Company MAle Crou~ Code 000 nlC C=--o""Y C':i:C 22663 [~ploytr's 10 NUQ:ter <1.024:7]00 Or9ln'zcd ondel the laws of the St"tc :f Netlr'lt" . ulln~ ..s the Port af [nlry. .,de to the INSU~NC( O(FACrM(IT or tHE ~iAT[ or PURSUANT TO THE l~wS THEREor Incorporated April 11. 19J9 Co_cnctd I!US'"CU Octobcr 23. 1919 8990 West Dodqc Ro..d. Suite 106. O~Il." lfetllUt.. 60114 1006 Manvcl Avenue Ch,ndler. Ot.llno~ 146.H <OS.ZSB.':SO. 1008 ~..nvel !VCIIUC. Ct.andler. C~llbo~ 14634 1008 Kanvcl Avenu~ Ch.ndler. 011.bo~ ;4834 405-25a.(l804 Hark T,ylor 'adcn ,(05.258.(128 omCERS Chainll.n lonG Chid !J;~cut1vc Officer Pruident ViCE President. eFO. TrEes~~er Secretary :'uistallt Trusunrt.c..u;st.llra ~ecrcu~y Assist"nt Se<rct.!ry .iI1ia& !rcnt L.!Gere Ber.'~l11 ih.!cler ~tllino~tick "~r; :'".!ylor ?!Clen - Oav~c G;enn ~cL.!ne .i";freCl Ethel ~e~~e~hail Rctert ;al~;~~_Gi:r.~re VICE PRESIDE~TS [J;ccu~1ve Vicc ~rCS1dent 5ren~a ;ennett ;.!Ir Senior ~ice Prcs~~ent James ~~i~n ~alscn Rtc~trG Lee ~y.ns Larry Bruce ~:~il1on J~~~ !~~arc (rysel OU.!lIe Lavernc little DIRECTORS OR TRUSTEES w111i~ orent L!~Cre ~ober: :':1en ~=trs~n ~ichaei ;oseDn ~~9an James ~artyn ';a':1I)' Hart ..eylor 'IGen \if 11 hill HllIClthy ",un)'an !enj~tn Thacker ~allin~st~Ck ~:::: ;;::~::~:::::~::::~:~:::::::::J SS Itt.JIIUlThltte-CaIUa;stlcl ..........-......-.--.......-......-..-....-....-.-. hili.... If tt.r Idlllll .L"fi~ IllSCIr':l ec...... _ . kia; who .... 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( J m If Ill: II I sUtl tbr ....tat lIlder III I dlttfllrf t1ifl.tQClflfP.sltUtDtd IllIifrn{tlltltt_..lI -............-...........-..............-...-..--..-.- luiswt SI:t:U/T act t",lar"<<lI .-.---..u..u.uu.i;;;;,.-u...._nun--............- 2181f$lllfltlkflt'lftl'l tl Qy tfofntwy . .0 ... =u~.ru.,:;i'dy ::~ ~~~.. '0' -_.. ~~.:~~.;. ) ~~:'; cmc:.:.t~4J. 1.0i?F.AiNE S. lOY !"~:::'~.l!)lIC:CN;t~ ~:1tl~ ""c:..-u-~t21"" . . . ANNUAl STATEHtNT fOR THE YEAR 1993 Of THE !Utional :"'-:-er"ican lnsurance C~any LIABILITIES, SURPLUS A:'>D OTHER FUNDS <II I 11. I I<<~Jl.l!ij ~UIOf("JI.:'" ~~ '''rl ]A., (GI....,. 5, U. JlI ....._.................................... lJ,lltm \....r ,tydlc ... ..iC Iou IIlIf l.u MI",t'f1I1 U~l Ik..,.lr f. ,..., I. .,j...... II MjvUtrftt uptmn ('.n JA, hl_ 6. U", xl un.... 'ftQtllt (...iUI~ N .Ibtr Ulil. CNrqcs __...... . tt~n (tlclwcli~ UrIS. 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'0' "-'-'''h.. .._...._ wO.w. ...._ _... .......1 II :1 II 'I :1 . . rorllll ANNUAL STATEHEHT FOR THE YEAR 1993 OF THE National ~rlcan fnsurance: CCJn;lany. ASSETS . .' ~ 1.1~f1mS 1. SlIch: Ill.ntty f. lull lrlASltrs "lIt pod ..11_1 U ....uh..... .. ................................... HI III 1HNri'1I.1ffi ll<<u6~Jl.lm 1.1 h'dffTH Itods 2.2 (_tltch l. .....t~ 1'-IIlS..rultSutt.............. ........................................................................................ .. IHI dUh: U "ottrt1u IC(wH4 ~ tb! (~ (Ins S U ItbcrprtOrftltSnmS S. {Ill~hnll_ .........._.............___. ItflC~.ft(UI ItflC..bt"wul............. U Cnllllllt4<lC! a.wf..4~\lOl1Olt on '.2 S1wt-!fff '-.nt'PIlIS ............ ,. 8tlltf 1lI1n:t~ UUIi ......................... a. ~r-;ttt ....Ut.,.... lit i~...st" nun 5.l. >.&touh. CUI! tftf illoUtf4' nuls (lI~s I tG 41 ,. 1.;('11(1" ~l_tl ... IIftClllKtK prKll1P1: U PrffiUl1.nl' lQtflu' wl.us .1 c..,." rl ul!tctiOll U htfl....... 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Ii tbrOClq/llll ...............h...........h................... 1l(11llS If IlIlHrs u;l(....ue.1.1 till( I rll I~STn .ssm '''.<It'l.2'lo 1.$1.111 I I 1It2.t~ &.z~.361 I I lll.tt.!.m I.1Y..111 11.t21.l!1 U31.!M I.IDti.565 I HaI.n. I m.!l~ 1.3U.U2 m.~ I I.%UlIl 13Uil.US II.,".~S l.m.SC1 I I l.!nUS; U~Ul! ~i.W.l;:1 1.lu.m It.sl~.J.:l I.m.1"'- ;i,;.4.!.l 3.m.'lI .5o:U2I U!;..l;, ist,tl7 ,.m.m UUX.tt< .................................................................................................................................... MIL MQ. .....n............................................................................................................. ............... MIl. .... .....n.............................................................................................................. .............. .................................................................... MIl. ................................................................................................................... S8M. s."a4l'y.ffts.li.lDlW"itt.illSf..lIl11t",r......erfllllr,~ ........................................................ 1M!. nUts Ill,," ell Un IUS ,In Cl!96llPq l. UN II ............................................................ ll(UllS f" lIlUHIS ~...ltl AI u. 11 f1I IIIlI 1m Imme ISsm lUl. Ot6tcllllrf rKmfit1 rKthtlll1 . <<and by usA dtposiU IllK'1 .................n..........................n...............,. ll82.IISCtllilltWSrKtio.alg'SK\ll'tf ................................................................................. 1IIl. Il.1ltrt!zH ctrUfiutu ef ,..triktttll fr... qlWlllty usaciJ.lillM ..--...........................................h 211-1 COI{HItu SOftWfI . ........ ............ .................... ...... ............ ............... ................... ms. .....n............................................................................................................................. In!. s..aq I' fte.l11u.a W"ltt'lllS t.. ltat 11 ff. eftI'"f1'" ... ..................................................h........h........ 2m. teutS Illlll:1l1tl tnl!1!i ,Ias lnIl {'~ l. Lilli 111 ...............................hh................h..h.............. 1.4I1.SU USJ SJ6.B9 l.S6~.JIS lill5 :2l.US 2.11ti25 tall: l1ll! 1llt1l1ltlliS.-att'.,.tt'ol.U{t.i,n I.Cll._. 1."3.Z38 lilflttest.rtl\llll{ltl Ultft.fftl1"'f IlllnUqt'II...-l of lhis 1Utflfnt. , ,.;: .;. If. .:. '~;"', l .'. .<_ .t' . ~+. ~. --~ . .. .-','--' '.'t:. ::~~lJ.lDnll (IRE ~HO CASUAlTT CDHPAIIES . ASSOCIATIO_ (OITIOX . (Ot. Z ktl: .. tilt (IU ... IKI....K.I 'I~ ...0<< tlJIt$ tf I...n .1.. SflCIIl lnl..I... till: ....~u. U~, ., (ft..-.aca. I. UI, ...... II .1 .....lltd' c;urqN. stlll1.l: {tIIIu.I II ",1, '1110 1_..' II. US,K' t. (,"upwoIllIf "U MIrIl ItCru:l.. II . Uf;UIt ... lttl/.... lmmnR~mfimllmmlmllmn At'\'NUAL STATEME~T For U'l~ rur (nded Oece_ber 31. 1993 O( THE CDHCITIOM ~HD AffAIRS Of TH( National American Insurance Company HAle Croup Code 000 HAIC ~~p~ny C=~e Z~663 Employer's 10 Hu=~el (1-0Z~lJOO Or9.nll~d under the l~~s of ~he St~te ~f Hebr'lt. . vstn~ ~, the Port of (ntry. ..de to the INSU~HC[ D(FACTK(KT OF THE SiAT[ Of PURSUAHt TO TH( LAWS THER(Of Incorporated AprIl 11. 1919 Co_uced BUS'Inus Oc~ODer 13. 1919 Ho~'A~n~~ 8990 West Oodqe Ro.d. Suite Z06. Ocuh.. ll'ebrut.~ 68114 H.in A4mlnist~,) l~~ IUi I ':'d~ress ~r ilUry lonl ion oj So~1:S an(! lIecords 1nnu.1 Statement (on1.C\ ~erson and ~hone NU.lllDer 1008 H.nvel Avenue (h.ndler. Qkl.hocu 7.caJ<4 .c05-Z5S'';:SO.c IGOS ~'nvel Avenue. (t..ndler. C~I.hocu '''6)<4 1008 Hanvel benue Ch.ndler. Oklaho~ 1.834 .c05-25&-0804 H.rk r.ylor Paden t05-Z5S.<Z2B OFF1CERS Chairma.n I.na Chief E.J.e<:uqve Officer President ViCE Pr~sident. eFO, Trez'~ter Secretary Anist.nt TrEuurtr/~nis.~r:t ~ecreUty Assis..nt Secret~ry ill1:;aa: Srent LtGEre B~l'\'!ll!ln Th~cir.er .:~llinoStick Hotr; 71.ylor ?!den - O'V1C Glenn ~c:'cne ..iflj.fred (thel ,~~"~~nh.J 1 Rotert ~~th-Ck_Gik.or~ . .',_'''C', -)- VICE PRESIDE:-''TS [)ecu~~Ve ViCe ?~es1dent Srencl. :ennett rl.lr Senior Vice Pr~s:~ent J~s ~EiSh .atscn RiC~lrd Le~ ~y~ns Llrrv Bruce v:Mi11on Jal:'~! Et:-.uc Cryse I Outne Ltverr.e Little DIRECTORS OR TRUSTEES wil1i~ orent L!~ere ~obert ~llen ~=erscn M1chotei ;osepn ~~gan ':..5 ~utyn JIC~by Hart ..t,lor 9.den W11 H am Ttmotfly ;'unyan Senjaal1n Thacker 1l.1kin~St~ck ~:::: ~~:::::~::~~~~::::~~~~~:::~:J u Ittlutll lNcw ClIUa;ltld .........._....._;;~j;;;.._.....__................. d tile Idhaal....eriCIII 11lW"':' ea...., . Mia; .Ir SlIItI tlCll *tntI_ sarr t!:.lt tkr .rt t'- em (uatbri Ifltu!s If ~ sai( ialnr ~ ~It III t~ ~ir(y'hrst ~ If OtUIW tst. III If the MID 'nul'" nuts ""'i PI l:Sell1l ......:. .f I.bI uI4 1:::S:r'et . feu .. elle fru ..,., Ihm --111t1S UlUnI. n~t 11 Will UJtI( __ &lilt ltilS IQIUII sutell:lll l*tw 'till nllt.c nllUtl. IQt2:In Ill! Inll:llt" UlKtll (,-.UalIte. ...... << ulnH t. Iff . II hi Vile 11IWtllt 'I .11 Itc lU.tllIC llulllU.s 1M If UI aMId.. w tU,lll .f tlI UII icwlf II ,f tll: VlIltr-l1rn .,.,. II ClUEtt IUt, IllIl: cl Its lacnr 11M uc<<ll_ _flrH l.r,"', ''',-' II 11111 till ..... 1Il:f11 (lI,lrtH II KCOl"":' WId! UW: .ue ~l ".~I il!$U'tI'UIIM _ W:_Ii.. ",'UltU _ ....I(c:.r'u __i. ueftl U 111: IfICl1 \t.u: I SUlI .~ I.., 'lfl~ lln lute "Ill er rlt;lllUw Item CIUtftllCt{ I~ rfWUO;; r.rt UI'~H hlltl\l ".lttlUI IIIIl ftU'Utl. ,:t:rCUlQ 11 U\t OIn .f Cflr lr.lllfllUCl. lMVltc;I :Q....:.~':t:.1l.!~~..... ~:!..~.~ ...~..f.:l.&............................... ~"llf11t ~~taIIt~trr retS1ftf 1.1ls~Is...iti..lflll.;! 'fnm"f) CUlfM:(llst.tttfll..-ttllUlfllr (lll"tlfltcd 1Ii1lQlQtltf,.IIlUQl!d ~~.~~!~.!~~~._...._._......._._....n...._.h..... trHunr. IIIIUr" ft1ldllillCtllt.n .............-.-....---..-.............-.............. JUll~t SI:tI1M'J ~Ui IMSVIl'1IukfonMals 11 Uy tf-flhlry . ,- ... 'M:.u.u.n.<.,;;t~y ~ ,~~:\ ~"-. .'. . .. .'._-. ~~) cmc::.t SEAL l.Om=.AiNE s.. lOY !"~~!-"'.Ib1oC~~ '-nc:~~ .....c--t.nt,.tu... . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 13, 1994 Keith Grimes, President Keith Grimes, Inc. P.O. Box 964 Montauk, New York 11954 Dear Mr. Grimes: The Southold Town Board, at a regular meeting held on September 6, 1994, accepted the bid of Corazzini Asphalt, Inc., in,the amount of $31,100.00, to furnish and supply all labor and material for the reconstruction and restoration of the roads and drainage systems at Shorecrest at Arshamomaque Subdivision. Returned herewith is your Bid Bond. Thank you for submitting your bid on this proposal. Very truly yours, ~~ Judith T. T~ Southold Town Clerk Enclosure . . THE AMERICAN 'INSTITUTE .OF ARCHITECTS " AlA Document AJ10 Bid Bond Bond No. GE5637041 Bid Date 9/1/94 KNOW ALL MEN BY THESE PRESENTS, thatwe Keith Grimes, Inc. IHere insert full n~me .lnd .lddreH or leg.ll tide of Conlractor) 23 Fairlawn Drive, Montauk! NY 11954 as Principal, hereinafter called the Principal, and Gulf Insurance Company (Here insert full n.lme arid .lddren or leg.ll title of Surety) 5550 West Touhy Avenue, Suite 400, Skokie, IL 60077 a corporation duly organized under the laws of"the State of Missouri as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold (Here insert full /lime .and :ddren or legll tide of Owner) as Obligee, hereinafter called the Obligee, in the sum of thousand dollars, not to exceed five thousand 5% of the amount bid of one hundred dollars and 00/100 Dollars ($ 5,000. l, for the payment of which sum well and truly to be made, the said Principal atld 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 Drainage mO\iificat1on, asnhalt. renalr, (Here Insert full n.1me, aac:ess and "description 'Or-pro];!Cll clearing and grading Shore Crest at Arshamomogue, Southold, NY NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into oil 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 go....':! and. sufficient surety for the faithful performance of such Contract and for .the prompt p.ayment of labor ilnd material fumisheo in the prosecution thereof, or in the event of the failure of the Princip.l to enter such Contract lnd give such bond or bonds, if the Principal shall pay to the Oblige-=: the difference not to"exceed the pen.alty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good b.ith contnct with another party to perform the Work covered by said bid, then this obligation sh~!1 be nul! ~l'ld \'okt.C!therwise to remain in full force and effect. Signed and sealed this 29th day of August 19 94 ."4u,, ,J 13~j itness) Keith Grimes, Inc. {~ OS--IPQ:: (Tide) IS..li . (Witness) Lois A McCord Att rney-In-Fact AlA OQCUMf.'f; .U10 . 810 BOND. AlA ~. FEBRUARY 1970 ED . THE MERlCAN ,,...SilTUTE Of ARCHITECTS, 17JS N.Y. AVE., N.W., WASHINGTON, C. C. 20006 1 State Of -}ss: - County of C .. ;;; e " co ." .. '; ~ =c g .=... .:l and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he exec~:=:; the same, 00 this day of .19 before me personally car7"",:. to me know..- My commission expires Notary Public ------------------------------------------------------------------- State of County of } ss. E .. E ~ "'C E .. ~"j o c ... " < On this day of 19_. before me personally '-::3,- to me known and known ~c - to be a member of the firm of described in and who executed the foregoing instrument. and he thereupon acknowledged to me- that he executed tHe same as ane .'2' act and deed of said firm. My commission expires No tary Publ ic ------------------------------------------------------------------- State of CountY of } ss. On this day of . 19_, before me personal:'.! :.::-- E c .. o e . to me '(:'"' :::,' '; -5' ~ .. g, "j who being by me duly sworn. did depose and say that he is the ~ 0 8~ < of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affjx~c . said instrument is such corporate seaJ; that it was so affixed by order of the Board of Directors of said corporation. and that he signed ~ name thereto by like order. My commission expires -------------------------------------------------~~~!~~~------------- State of New YOrk Coun ty of Nassau } ss. c .. E >-.gs iu,,!! ~ J' " 0 c ... " < On this 29th day of August .19 94 . before me personally came Lois A. McCord to me known. who. being by me duly sworn. did depose and say tha t he is an attorney.jn.fact of the corporation described in and which executed the within instrument; that he knows the corporate seal of said COrporation; that the se3. affixed to the within instrument is such corporate seal. and that he signed the said instrument andaffix~d the said seal as Attorney-in-Fac! by authority of me Board of ~........ n.ration and by aumority of is office under me Stan:ling 137solutions thereof. ""'NIr."~ -- a _ ":~J. d ~-~l/; Gulf Insurance Company My commission expires FORl1 # 13 its true Clnd lawful attorney(s)-in-facL with full power and authorilY hereby cont~rrcd in its name. place and stead, to sign, eXCCUle, acknowledge and deliver in ib behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and'to the same extent as if any bonds,_ undertakings and documents relatmg to such bonds and/or undertakings were signed by the duly authorized officer of the Gutf.-;lGsurance Company and all the acts ot said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ralified and confirmed. ~"t- The obligation of the Company shan not exceed one million ($1 ,OOO,(XXU)()) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these present') to be si~ned by any officer: of the Company and its Corporale Seal to be hereto affixed. s0RANCt; ,-<!- Co <( o,?-POR4.1' ~ ..J (j ~ y " z " ~ STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me dul,'" sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporale seal; thal it wa"i so affixed by order of the Board of Directors of said corporation and that he signed his name, therelo by like order. ()~~ !EI GULF INSURANCE COM&Y KANSAS CITY, MISSOUlI'" POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the Stale of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice Presidelll or any Senior Vice Presidenl of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporatinn~ as may be selected: from lime to time; and any such Attorney-in-fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or try the Finance and Executive Committee of the Board of Directors. RESOLVED, mat nothing in this Power of Attorney shall be construed as a grant of authority to the anomey(s)-in-fact to sign, execute, acknowledge, deliver or other. wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President. and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall he valid and binding upon the Company in the future with respect to :1oY hond and documents rchlling I,) such bonds ~o which they <Ire <lllachcd. n Gulf Imurancc Company docs hl"r,~by make, constitute and appoim Lois A McCord SS STATE OF NEW YORK SS ~~~~ER GE 563~41 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Keith Grimes, Inc. 23 Fairlawn Drive Montauk, New York 11954 EFFECTIVE DATE 9/1/94 CONTRACT AMOUNT $ 100,000. BOND AMOUNT $ 5,000. GULF INSURANCE COMPANY ~ ( :J/~ Christopher E. Wal"ion President David Jaffa No. 24-4958634 Qualified in Kings County Comm. Expires No".ember B, 1995 COUNTY OF NEW YORK I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF A rrORNEY remains in full force, Signed and Sealed at the Cit)' of New York. Datl'd the 29th ,19 94 day'or August Lp~ Lawrenl.'C P. Miniter Si.'nior Vice President ~ ~L\~~~,t!A~_~~~_.~~~~~~~o~ ~~h' ':~ t~, "" ~r r"'pnnl ..~h.nf" '"" ~H'r lyr" ~r '"IHot' VI'"' froth1 '''.'"~1nH, th. rr'"h~ 11M' .nd r.f',.",,1 '" Ikh ~h"\, If Mt "''''''';'' .,,1, ,. .i.. ,,,,,,,. "''''00':' "'A"N i~iliAi~OO 'ST AT'E MEN T FOH TilE YEAH ENDED OEur1UEH 31, 1993 . 1IIIIIIjlilljlllljlllljl_JlllljIIIIIIIIIIIlIIJIII~IIIII,1111111111!llllljllljll;~~:il ,pptoprl,h1r Ik'n,'d, ,11,11 hi or lllE COHOIlloH ^HO ArFAlns or TIlE GULF INSUHANCE COMPANY NAIC Group Codo 041 Organ I IUd u.fng undot NAIC Company Codo the Law. of tho Stato 22217 Employer" 10 Numbor HIssourl or.'I~try, mado to the 43~028696 of al tho Port INSUHANCE DEI'AHTMENT OF TilE STATE OF Incorporatod Statutory Homo OffIce Haln Admlnf.tratlve Offlco January 22, 1940 PURSU^MT TO lllE L^WS lllEREOF Comnenced Bu.lne.. Jonuary 29, 1940 4435 Haln, Sulto 400 Kan.a. City, MIssouri 64111 4600 Fuller Orlvo Irving, Texn. 76030-660G 214~50-2000 Hall Addro.. P. O. 80x 1771 PrImary LocatIon of 800k. and Rocord. IrvIng, Toxa. 75038-~50G Annual Statomont Contact Per.on and Phono Numb.r 0011a., Toxa. 76221-1771 4600 Fulhr Orlvo 214~60~800 Dnv I d Harsholl Barbor . 214-650~906 CHAIRHAN OF THE BOARD, PRESIDENT AND CHIEF EXECUTIVE OFFICER OFrICEHS John Hooro Fowl.r SENIOR VICE PRESIDENTS Herbert Scott Frltt. Wa Her Hayden Lawrence PatrIck Hlnlter EXECUTIVE VICE PRESIDENTS O.car Lee Ayers Jon MIchael Livers Christopher Eric Natson VICE PRESIDENTS . Kenneth Adrian Box Norman Gayle Butzow George James Clough Jr. Gone Waltor Golomblew.kl A!an Lee Ingbor Bill Wayne Hosllck Robort Horlen Rebor Ooorgo Rodnoy Rlckols St.vo Ann Stock.tlll WIlliam Alan S.orllp , Olon Ed,ol White Kont Wlllfam Ziegler REGIONAL VICE PRESIDENTS William Gregory A.hton Donald Clifford Daniell. SENIOR VICE PRESIDENT, SECRETARY AND GENERAL COUNSEL Donald Thomas DoCarlo SENIOR. VICE PRESIDENT ANO CIIIEF FINANCIAL OFFICER Joromo Tonra Fadden SENIOR ~ICE PRESIOENT ANO CIIIEF INVESTHENT OFFICER Harc PhIlIp WeIll VICE PRESIOENT AND CLAIHS ATTORNEY Herbert Alfrod Alvo. VICE PRESIOENT ANO ACTUARY Jame. Honry Kreuzor ASSISTANT CONTROLLER Sharon Elaine Seabolt ASSISTANT TREASURER Wayno Reod Zachary Jr. DIRECTORS OH TRUSTEES Oscar Lee Ayer. Jerome Tonra Fadden Lyndon Lowoll 01.on Jr. WIllIam Theodore Bozarth John Hooro Fowler Christopher Eric Wat.on Oonald Thoma. DeCarlo Jon Hlchaol Llvor. Harc Phflip Wolll IlItl., lu" ) " "'"'701 hili, ""... H, 'fl. I., CI..h"u'" tI.. Iflor<l, r'"''',nl' Chlol h.ut'''1 Offlett, J.._. 1. r.~~~~ St".~. 'I.. r,..Id.~I' t"'of r'M~~hl OHlnt", 1I.,ft. J, h~h"7, Jr. Aljhl",' '"u,...., ,; .\.. CoUll II1SlIlAlI(t (OllrA~T ~.,.., "~l, '.0.... <lOth ~r~I-' ...1 .." thll thr or. tho .hy, oIlIu'lh4 ,Trlttn .r tho uhl I".t.r, ."~ 1"'1 "" Ih. thlrtr.1'I.., do,..f 0'....1... 10,1, "'~' .... hot.'" ~'lulh.4 ....t, .... 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'In. tOIAlS lilt., llOI'"nllOS r1uI Zt,~) 11'0,. 1. 1t."UJ ...................... ,....................................................... DHAltS Of Io'RJlH/U AOGIl[GAI[O AT I1UI He 'Olt DlHU THAN melAt Sl/RPLUS TUllOS Jell!. 1(01.. 'eoJ. rl".1I4. COSo en. ...... .......,................................,......................... ...........................,..,................................. ................,............................,....................................,.......................,............................. ....................................................... .............................,.......................,.......,................... ................................,....,..,.....,.. .......,............................................................................... ................................................ . SOl_lr,. of n..IIIIII, ..rll'!'"""I.., ro. It"" He fro. ~;..;;;~~.,;..;..................................,....................................... ......................................................................... en. 1011ll! I'h., V(OI I""" 1](/l5 rlv, 1l[9~1 (""9~ 1. It." He) ............,....................,.........,............................., 3 '~'''';!''''l';'I!,'f~''''~''-';'.1l''l'..~.....~,~...,r.,_..,,, .~l....,.. ~,~ .~ ---~-_.--_._._-- .-.. . Outl"r u. un 15~,en.lI( JI.Jl0.~O.1 1.1l1.1J1 104.)~ 3.'30.021 1).911.!1l J.150.000 1.151,118 1.169.511 1.'1I,05J m.m f.1U.UI T.Ul.lll 8.4!I.OOl 101.510.U1 _.500.000 110.'05,558 1I4,UT.tt! 211,4JJ.S50 U9,04J.U1 1,103.m 1.311,011 .,4U.oot Ou...., U. UU l~o,Sl1,f01 111.411.17J 5.4",011 "Jf.I~5 l,nS.U4 9J,1l1.1n 1.3n,011 J,118,lf3 l,US,l6J m,m 3,"1,412 30.10'.549 1.'''.011 JI4.5U.911 _.500.000 10'.148.111' 1I.~,lU,'" ZOO.JU,395 Slf,UI,lJl "s..o J,IOO,ITl 1,]15,011 '"._~ ",=;,.'" . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOVTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON SEPTEMBER 6, 1994: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Corazzini Asphalt, Inc., in the amount of $31,100.00, to furnish and supply all labor and material for the reconstruction and restoration of roads and drainage systems at Shorecrest at Arshamomaque Subdivision, all in accordance with the bid documents. /L~/~~~~ rf'~t:.~T. Terry rf Southold Town Clerk September 7, 1994 ).~' ... 1 ) \ " ""-",'" " -'.:<,~ "-"~~,,,-,~.,,,~,-~-. H"""""7""'~'='-Y"~'-'-i'C~-""~"""'T";~"~~_""'T'~"~,.'~~"""",,,.,,.,,.,,"""'~~_-..-'~_ . . SPECIF:tCATIONS SUBDIVISION RECONSTRUCTION & RESTORATION: SHORECREST @ ARSHAMOMOQUE COUNTY ROUTE 48 SOUTHOLD, NEW YORK ~1971 AUGUST 9, 1994 S1lD SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N. Y. PECONIC LANE - P.O. B~x 178 PECONIC. NEW YORK 11958 516 # 765 3070 J . . PROJECT DESCRIPTION SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE TOWN OF SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE RECONSTRUCTION AND RESTORATION OF ALL EXISTING ROADS AND DRAINAGE FACILITIES LOCATED IN THE SUBDIVISION. GENERAL DESCRIPTION: * CLEAR AND GRUBB ALL SHOULDER AREAS FOR A MINIMUM OF 7' -0" BEHIND EXISTING CURBS. PROVIDE TOPSOIL AND SEED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * CLEAR AND GRUBB ALL ROAD SURFACE AREAS OF GRASS AND VEGETATION THAT HAS OVERGROWN THE SITE. ALL GRUBBED AREAS BETWEEN THE EXISTING CURB LINES SHALL BE THOROUGHLY TREATED WITH A HERBICIDE THAT IS APPROVED BY ALL STATE & LOCAL CODES. * CLEAR AND GRUBB THE EXISTING RECHARGE BASIN. PROVIDE A MINIMUM CLEARANCE OF 5' -0" OUTSIDE OF THE EXISTING FENCE LINE. RESHAPE THE INTERIOR OF THE RECHARGE BASIN TO A MAXIMUM OF ONE ON FOUR SLOPE. ALL EXISTING FENCE SHALL REMAIN. ALL DAMAGED FENCING SHALL BE REPLACED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * PROVIDE AND INSTALL APPROXIMATELY 400 L.F. OF NEW 18" Dia. CORRUGATED METAL DRAINAGE PIPE AND PRE-CAST CONCRETE MANHOLES AS REQUIRED TO CONNECT THE EXISTING CATCH BASINS AT THE MAIN ENTRANCE OF THE SUBDIVISION TO THE CATCH BASIN AT THE ENTRANCE OF THE SUMP. * PATCH AND REPAIR EXISTING ROAD SURFACE WITH HOT PATCH ASPHALT. (MINIMUM 2"THICK) RESURFACE ENTIRE ROAD SURFACE WITH ONE (1) COURSE OIL & STONE. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE: S.T.E.D., PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER _ (516) 765 3070 Tne foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For tne specific provisions and requirements of tnis project, please refer to tne full Specifications and Contract Drawings. ~ . . INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AlA Bid Bond Offer of Surety A-1 through A-1 B-1 through B-3 C-1 through C-2 D-1 through D-2 E-1 through E-1 AlA Document # A310 F-1 through F-1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions AlA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor Regulations Non-Discrimination Clause AlA Document # A201 G-1 through G-2 AlA Document # A311 H-1 through H-1 J-1 through J-1 K-1 through K-10 L-1 through L-2 CONSTRUCTION SPECIFICATIONS General Conditions Part 1 - General Specifications Partial Site Plan Page 1 Page 2 through 4 SP-1 ........ . . INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and reatoration of all roads and drainage facilities in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Southold Town Hall, 53095 Main Road, Southold, New York until Clerk, 11971, 11: 00 AM, Thursday September I, 1994. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southo1d to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT. withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if yOU intend to bid or not. July 26, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD Dated: By: Judith T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 ...... . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fUlly inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. SUBDIVISION RECONSTRUCTION / RESTORATION B-1 ..... . . D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of cont ract wi 11 be made as soon as pract i ca 1. a cont ract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form wi 11 be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposa 1 s. The accept ance of a proposal wi 11 be a not i ce in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of t he bonds shall not be 1 ess than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request present ed not 1 at er than t he hour set for t he open i ng thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. SUBDIVISION RECONSTRUCTION / RESTORATION B-2 ...... . . . G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. . TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to t he Town for such b reach wi 11 i nc 1 ude loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to .compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Contract, and thereupon, his proposal and acceptance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. SUBDIVISION RECONSTRUCTION / RESTORATION B-3 " . . PROPOSAL FORM ~/Z?lrr { BIDDER: C~r7~UI;'J ( ~1oJ/ ~, DATE: NAME OF TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORE CREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION { RESTORATION C - 1 .".,. . . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: ,kJ~:Jt And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or ject this pr osal or by mutual agreement may extend this t' riod. L -- Signature of Bidder: Business Address: Telephone .u~ f ~6) 73'1- 4"" S~DI~SIO: RECONSTRUCTION / RESTORATION Date: C - 2 ...... . . STAT~IT OF NON-COLLUSION = (To be Completed by Eac~ Bidder) I~ accordanc~ wit~ Section l03-d Gene:al Mu~ci?al Law, effective Septamger 1, 1966, ever] bid or proposal hereai~=r made to a political subdivision of the State of any public departnent, agency, or official thereof or to a fire district or any agency or official thereof for work or services perfo~ed or to be perfor.ned or goods sold or to be sold, shall contain the following stat~ent subscribed to by the bidder and affir.ned by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person sig~ing cn behalf of any bidder certifies, and in the case of a join: bid, each party t~ereto cer:ifies as to its awn organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid nave been arrived at independently Without collusion, consultation, communication, or agreement, for t~e pur?ose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless othe~.ise required by law, the prices which have been quoted in this bid have not been k.,owingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to openi~g, directly or indirectly, to any other bidder or to a~y ccmpeciCor. (3) No attempt has been made or will be made by the bidder to induce any oche~ person, part~ership, or corpo~ation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully inio~ed himself regarding the accuracy of the state~encs contai~ed in this certification, and uhder the statements contained in this certification, and under the penalties of perjury, affir.ns the t~~th thereof, such penalties being applicable to the bidder, as well as the person sig~ing i~ its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the ~~ecution of this certificat2 by the signator of this bid or proposal in behalf of the corporat: bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 ~ . . Resolved that be SOL UTI 0 N authorized to si~ and submit tbe bid or proposal of this cor?oracicn for the 'O;ZiB~(:~<A~~h?7V~- (Describe Project) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal La~ as the act and deed of such corporation, and for any inaccuracies or mis-statements i~ such certificate th s corporate bidder shall be liable under the pe~alt; of perjuty. is or t~e resolution adopted by corporation at a meeting on the Board of Directors held on the ~ day of ~~~Jd- , 19# /" / , , !. ". . .,,-,,;' ,'-- ... . -- I;q_ or/UNEA':'N D. dARZECKI J "-1< c<--IL ry PublIC, Slale of New l\ J , . No. 4961037 Clrlr /' QuOhfied in SUffolk C My COmTniSSion ["'pIres J8~;,tylq if (, (SL~. OF TCE CORPO~\:ION) Laws of New York, 1965 Ch. 751, Sec. l03-d, as amended dtiactive Septembe~ 1, 1965 SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 "" . . NEW YCf1K STATE AFFIRMATIVE ACTICll CERTIFICATICll (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S J Y (I-a.'; Certifies that: (Bid er) 1. the following e cqntract trades in ;and, 2. a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said Co nty area within the scope of cov rage 0 th Pla, thos trades being: ;and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned "'" '""."0#' J2);O", , 'h... ""., b:~::, 3. it will obtain from each of its subcontr ctors and submit to the contracting or administering agency rior to the award of any subcontractor under his contra the subcontractor certification r~d by hese Bid C ditions. (Signature of Autho iz of Bidder) RESTORATION '" E - 1 " ! ... ----.-.--------- . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full n.llme lond address or leg.lll title of Contr.llclor) as Principal, hereinafter called the Principal, and (Here insert full n;llme .lnd address or leg.lll title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full n.lime and address or leg.lll title of Owner} as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ l, 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 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the P'tincipal 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 ~ent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) f (Principal) (Seal) (Tide) (Witness) f (Su,ety) (Sea/) (Title) ~ AlA DOCUMENT All0 . BID BONO. AlA 8 . FEBRUARY 1970 EO . THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WARNING: Unlicensed photocopying violates US. copyright laws and I. lIUbJect to '''D81 prosecution. . . OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURE Signed CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. the execute (Surety Company the Surety Bonds as herein befo e provided. Date: Signed: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. SUBDIVISION RECONSTRUCTION / RESTORATION F - 1 " . . SUPPLEMENTARY GENERAL CONDITIONS The fOllowing supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I .A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, sUbparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11. 1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specif ied provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION G - 1 . . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 $ 1,000,000 Aggregate, Completed Operations. Each Occurrence Products and b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage) : f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 ......... . . THE AMERICAN INSTITUTE OF ARCHITECTS '" AlA Document A311 Performance Bond KNOW All MEN BY THESE PRESENTS: that !Here insert full n~me ..nd ..ddre5s or Ie-loll I title of Canln.C1or} as Principal, hereinaft"r called Contractor, and, (Here inserl full n..me ;and address or leg.lll title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full nllme and OIddress or legoil tille of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ l, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here ins('TI full name. .1ddress and dE'scriptlon 01 project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here Insert full n..me .Jnd ..ddress or legolll t.tle of Archilecf) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~A DOCUMENT A)l1 . p[RrOR,\1,"~U Bo.~O AND lABOR AND I\1ATFRIAl PAY,\1[NT BOi\"D . AlA @ HBRUARY 1');"0 ED . THE ^MfRICA~ ''''5T1TUTE OF ARCHITECTS. 1;'1'1 ~,y, AVE.. NW., WASHINCTON, D. C 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to Iegaiprosecutlon. . . PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy lhe defaull, or ,hall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Conlracl in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this parJgraphl sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amounl set forth in the fIrst paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the lotal amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on lhls bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 I IPflnu/l,11J ISNIJ fWilm'!i~) iTil/(') I CSWt"rJ (S.:',llJ (Willlt'!i!o) (rillt" ........ DOCUMENT 4311 . PERH>RMANCE BOND AND lABOR AND MATERIAL PAYMENT BONO . AlA @I ff8RUARY ltJ70 ED.. THE AMERICAN INSTITUTE OF ARCHITECH. 1735 N.Y. AVE., N.W., WASHINCTON, D. C.20006 2 WARNING: Unlicensed photocopying ykJlates U.S. copyright laws and Is subject 10 legal prosecution. . . THE AMERICAN INSTITUTE OF ARCHITECTS ~ WI AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full n~me and address or legal 'ille oi Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal title 01 Surely) as Surety, hereinafter called Surety, are held and firmly bound unto {Here insert full name and addreH or legal (Ille of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here inserl a Sum equal 10 .11 Jeast one.half of the conttact price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, successors and assigns, jointly and severally, firmly by these presents. ), administrators, WHEREAS, Principal has by written agreement dated (Here insert full name, address and description of project) 19 I entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert lull name and .lddress or legal ',lie of ArchilectJ which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~IA DOCUMENT A311 . PERfORMANCE BONO AND lABOR AND MATERIAL PAYMENT BONO . A!A @ FEBRUARY 1970 EO.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3 WARNING: UnlJcensed photocopying violates U.S. copyright laws and Is subject to legal prvsecutlon. . . LABOR AND MATERIAL PAYMENT BOND NOW, THEREfORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shdll be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, ar materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless clJiman!, other IhJn one having a direct contract with the Principal, shall have gIven written notice to any twa of the fallowing: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done ar performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1l year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project. or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, 19 ! (Principal) (St'.all (Wiln(,5~) (Tifft') f (Sun'ly) ISI:'<II) (Wlfn('~q , (filii') ~ DOCUMENT Alll . I'flU()R:MANCE BONO AND LABOR AND """'^ HRIAL PAYMENT BOND . AlA @ FEBk:UAk:Y 1':170 ED.. THE AMERICAN INSTITUTE Of ARCHITECTS, 17)') N,Y. AVE., N.W., WASHINGTON, O. C. 2f)()Q(. WARNING: Unlicensed photocopying violates U.S. copyright laws and 18 subject to legal prosecution. 4 . . GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, jUdgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: and any admittance or supplements thereto. , 19 IN WITNESS WHEREOF, the undersigned corporation has Caused this agreement to be signed by its and its corporate seal to be hereto affixed and dUly attested by its this day of , 19 ___' Attest: Principal: SUBDIVISION RECONSTRUCTION / RESTORATION H - 1 ~ . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SUBDIVISION RECONSTRUCTION / RESTORATION at SHORECREST at ARSHAMOMOQUE COUNTY ROAD 48 SOUTHOLD, NEW YORK 11971 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. SUBDIVISION RECONSTRUCTION / RESTORATION J - 1 ~ . . 5 ECi.ION I< CCMPLlANCE WITH H,,:: L';3C" L';W AND OTH::" "DEPARTM::NT CF L.;SC" REGiJL';TICNS A. 57";7: :Z:G;jL..A.T[C~S 1. The C-:::n~rc:c~cr shell c~mFly wi~h the c?p!ic::blc pr:::vlsl:::r:S cf t:,e uLc=-=r Lcw" cs emended, or the Store of New York. ihis C;lntrcc~ sheil be void unle~s cpplic::::ble sec~icns of ~id lebor Lcw ere complied with. 2. E"c;' end every provision of Jew end cleuse required by low to be pert or this Con~rcct shell be deemed to be included herein end this C:lr:tr~c~ shell be re:d end enforced os thcuSh it were included herein, end, if thrcugn'me~e mistcke or ornerwise cny suc:, provision is not included, the:""l uFcn the cpplic:::ticn of eirne:- perty here~o, the Ccr.trcct shell for~hw;th be pr:ysic::l!y emended to r.;::~: suc:, inclusion. Specific::::JIYI Section 220-e, of the lebor Law, os so cmc~ded, prcnioits in contracts, disci"'iminotion on cccount of race, creed, co.lor, or notioncl oris:n in employment or citi=e:-1s upon public works.. Tne!"e mey be deduded frem the emount pcyable to the Contrcc~or by the Ov.~e:- under this Centred c penelty ef five (55.00) del/crs fer e<lC;' persen fer ecc:, I . . ,. I." d" ....' .. ... . . c= enccr ccy curing WnIC:1 suc~ pe~cn wes ISC,Ir'i11nC,ec CS:::lnSi or InhmICC~e~ in violction of Sedicn 220-e..; providcdr thct fer a se:::::nc or en'! sucsee:.Jent . . . 1 " . h .. .' , 'tV C I" 'I ' via CJ len ot t e provlslons.or serc pcrcsrc::n, ,.IS on ree. j,':cy ce c=nce~ e= or terminated by the Owner ene ell monies cue or to oec=:7le cue hereo..:ncer ",mey be ferfeited. B. F::DEP-AL REGULATIONS 1. CEKTIFICATION CF NCNS::G;:EGATED FACILITIES By the !.ubmi~sjon of this bid, the bidder, offeror, cFplic=nt, or subcontrcct=r cedifics that he docs not mcintain or provide for his employees eny sec:-eccte:: foc:li~ies at eny of his estcolishr:1cnts, ond.thct he does not pe:-:7la his ~m;lcye::: to pcrfar.n their servic~s at ony loccticn, under his ccntrol, where sesreg::ted fcc:lilics ore maintained.. He ccdifie~ further thct he wil! not mcinlcin or provide for his employees en scsrcsoted fccilaies at ar:y of his es.lcblishments, and thel he wilt ner pcrmit his employees to perform their services at cny loc=~iQn, under this c=ntraJ, wherc sesrcsctcd fccilities cre moin~cined... ..., l-.." ~r I' , ' t t Ih t b ' ., lne _Icee:-, or,er:Jr, cpp Ic::n , or suacen roc or cgrees c c reCC:1 ot tr,.1s c~r~iric::ticn is 0 violction of the E.::;ucl Opportunity clouse in this c::ntrcc~_ A$ .u:cd in thi<:. ccrt/fic::tion, the term "sesrc:;=tec rccilities" me'::""lS cny welting rooms, wcrk crees, res~ rocr.1S ene we:;:' roems, re~J=urcnt:; end other ecting orees, lime clocks, lccker rcems end other ~foroge or dress)ng crees, SUBDIVISION RECONSTRUCTION / RESTORATION ~ K - 1 . . time clocks, locKer r::::::r:u end other stor:::~c or cire5~ir'0 cre-:::s, porkins !cr~, drinking rcuntcjn~, re'::"e-::::ticn or c~rcr~cjnrne~t ore-:::s, trcn:;=cdcrio:1, C:"ld hcusinc facilities pr:vided for emplcy_ees wnic:, ere segrcs-=tcd by explicit dire:::H:e or ore in fcc~ sesrc;cted en the basis of rec:::, c:>ced, c:::lor, or ncticr.cl cri::in, be=-=vse of hc:it I lo~::1 c.;slcm, or cthcrv/isc. He fur:~e:" .. -( 'h h ' . ". 'r .". r aGrees t..ct exce;::t wne:-e e cs cotClnec Ic~~tIC:::::, C~:"!liIC=:tOr.s ,r=m Froccsed su::c=r.t;,,:::::~cr~ fer spe::ific time ~c:-icc:) he will :::ctc:n icc:"",lic=! , ..l I . L. . ~ , c~:,,~ific=:jcr:s .r=m pr:::?cse... ;;ucc:nticd:r: prIor to t"e c......crc or su:::c:::1troc:s exc~ecinc SiC,OCO wr,ich ere n:::t exem!=t from the pr::visicns of the E:;:.Jcl Opportunity clcuse; ~hct he will retain such ccdific::~;ons in his tile~; c:-:c tnct he will forward the fellewing nctice to such Fr=?osed ~t..:oc~ntrcctors (except wnere the proposed subccntrccters hove submit~ud ice:1ticci cer:ificctions for specific time periods): 2. NOTICE TO PRCS?:CTIVE SU5CCN"iKACiORS OF RE'~U"W,.,E~T FCR C:?,lir=ICATiCNS OF NCN SEI'::i\EG;"'TE~ r.';CiLliJES A certific::ticn of Ncnsesre;cted Fecilities must be submit~ed prier to the e.......-crd of c ::ubc::ntrcc~ exceeding SlO,OCO which is not exe!":"lpt from the provisions of the E:;ucl Opportunity clouse. Tne c~:tificcticn may be submitted either for e-::ch subcontract or fer ell subcontracts during 0 period (i.e., querterly, semiannuclly, or c:muclly). N OT2: The ~er:clt; ter mcking felse stctements in offer:. is presc:ibed in 18 U.S. C. 1 CO 1 . IfOurii-:g the performance of this .ccntrcct, t'he -:o7}r:::c~er esrees es fcllow~: (1) (2) (-' ~I """"- Toe contr::::dor will root discrimincte cscinst cny employee or epplic:::r.t fer employment be:::::use or rcc'e, cieed, color, or netioncl origin. The c=ntrcdor will ~cke cffiri:1ctive action to ensure thct cpplic:::nts cre err:ployed, C:1d thct employe-es ere trected d~ring employment, without re;::rd to their roc~, -creed, c::dor, or notional origin. Such action sholl include, but not be limited to . ' the following: employment, upgrceing, demotIon or trcnsfci; re-:::-uitment or rec:-uitme:1t advertising; layoH or termination; retes of Fey or other ferms or ccmpen~cticn; end selection for trcinins, includins c:=prcntic~shio. The' centredcr asrees to ;Jest in conspjc:.Jou~ pIeces, availcble te cmp'lcyee:;. end oppfic:::r.ts for employment, notices to be ~rovided by th~' c.:lr:tracting officer setting forth the provi:.ions of this nondisc:-iminction clcuse. The c:::nti::::c~or will, in all soficitctions or advertisements fer e~ployec:s pieced by or on benoif of the contredor, ,tote thot 011 qualified o,oplic""t, will receive c:::nsidcr:::ticn fcr em~rovme::t wid,cut re::::rd ~o race c...n......J :-' I - , . '---, coler, or ndicr.cl origin. Tne cer:t;,(:;:~cr will sene to c':Jc:' Ic::cr ur.icn or re:=r~:C:1tc:ive or wcrk",-.. with wnic:, he he:; c ceilcctivc bcrc:-:::ining csr~c:ncnt or other c:::n!rac;.~r undc:-stcndin's, c notice to bc provided by ~he CSC:-lCy c::nrroding orfic~:" odvising the Icoer union or workers' rcpre5cn"tctive of the c:::ntrcc:or's ' commitment' under Section 202 of Executive Order Ne. 11245 of September 24, 1965, end ,hall po,t oopie' of the notice in co,~'picueus piece, available to cmpJoye~s end oppli c:::nts ror e~plcymcrd. SUBDIVISION RECONSTRUCTION / RESTORATION K - 2 (6) (7) 3. . . (~) . ..' . . . c. ~. t've C~dc. No. 112~.S The contrcctor will c::r.":ply w,rn ell prOVl51cns ot ..xe-::J I. . of Se::tc:nce:- 2';, 1965, cne of the rulc~, C:-lC res~lchc:-:s, one relevcnt orce~ of the Sec.etery or lebor. (=. -) The c=ntrcc~cr will fur:1i~h e[1 jnr::r~c:jci1 Ci1C re:=o:-:~ re::::::.1ired ~y E."'e:::.:riv~ Oree:- No.1 i2.!6 of Septe:ncer 24, 1965, cne by the rule~, regulctions, cne oreers or the: Sec:-etcry of lebe:", or pu~ucnt the:-eto, end will Fermi~ co=::: to:: his bOCKS, re::::::r::::, ene cc:::::unts by the c:::ntrccting csency end the Se::-etcr:" of Leoer ror purposes o'F investisc~jon to cscc:-tcin c.::t":"1plicnce with Sue;; r"".;les, re='Jr~ticns, end orders. tn the event of the controctor's noncomplicnce with the ncndisc~lmlr.cricn. clauses of this contract or with cny of such rules, re;vlctions, or orde~s, "this contract mey be c:::nceled, terminated, or suspended in whole or in pert ene the con~rcctor mey be ce::lc:-ed ineliSible fcr fur~her Gove:-:-:~ent ccntr::::c~s in occ:::rccnce with prccedvre~ cuthcri=ec in Exec:;tive Oreer No. 11245 of Se?tember 24, 1965, ene such other sanctions mey be imposed ene rei.1edies invoked os provided in Exec:..rtive Oreer No. 11246 of Se;:te;.-:ber 24, 1965, or by rule, regurction, or oreer of the Sec:"ctcry of leber, or os otherwise provided by Icw~ Tne c:::n~rcdor will include ~he preVISions or ~ercsrcpns (1) throuSh (7) in every subcontrect or purchcse oreer unless exe:Tlpted by rules, reS...dct.icnsr or orce:"s of the Sec...etcry or leber is;;ued pUi'Sucnt to Sec~ion 2C4 or " Exec"Jtive Orde; No~ 1124.6 of Se?tember 24, 1965, so thet such f'rovisicns wij.[ be binding upen ecc:, subccntrcctcr or ve:1ccr. The c:::ntrcc~or will toke such cc:ion with re~Fect tq..cny subccn~rcct or purcnase oreer cs the ccntrcc:ing cge!'1cy mey direct os 0 mecns of enforcing suc:, provisions, including ~nctions for noncompliance: Provided, however, thet in the event the c:::n~r=dor becomes involved in, or is thre~tcned with, Jitisction with 0 subc::mtrcdcr or vendor os 0 resvlt of such direction by the c::mtrcc~in= oscncy, the contrcctor mey regue~t ,the" United Stotes to enter into such - litisoticn to prol",t the intere,t, or the United Stetes." FEDE!\Al PROCURE.',,1ENT REGUL4 TICt'IS EQUAL CPPCRiUNITY IN EMPlOYMEi'JT 1-12.8C5~ Re:lorts and Other Recu;red Inror,",etion (a) Requirements rer prime contrcden ond subc.::;ntrcctcr:;~ -.... (1) E-:::c:, OSC:1cy snell require eoc:, prime controct.Jr cne' each prime c:;ntrcdcr cnd subccnlrcc:or :;hclJ couse its :;ubc.::;ntroctor:; to file cnnucliy, .on .or before ^,'crc:, 31, complete end eC:::Jrcte rC:::Or7:; on S~endcrd Perm leO (E:O-l) premulSckd iein~Jy by the Offic" ot Fc~er~j Conlr~ct Compliance, the E:tucl E:nplcyment Opportunity CcmmlS:;lon, cne Plcns for rrogres~, or on such rorm os may here-::lfter be prcmulscted in its piece, if such prime contrCc:~or or subc:ontrcc:tcr (i) i, not ""empt rrom the provisions of thi, Subpart 1-12.8 in occ~rdcnc" wi~h 1-12.804; (ii) hes 50 or more employees; (iii)-is a prime contrcctor or fint-ticr subcontrcctor; end (iv) hos a contract, SUBDIVISION RECONSTRUCTION / RESTORATION K - 3 (4) J -12.8CS.4 . . sub-contrcc~r or purchcse creer amounting to $.50,OCO or more, or serves C~ c ce;:ositc:-y of Government funes in any cmour:t, or is c f. . I' ,', t" ..,. " ,. . f U '" Inone:c Ins,.:.U Ie;, wnlC:1 IS ~n 1~:iUln9 one ~C:fLr.S' =;e:-:r cr ..... scvins:: bene: C:iC ~cvir:S:; nete::: Pf::vice-::, ihe: c~y ~u~c=r.~:"::c~;:;:- below the fir:;~ ~ie!" """hi,::;' pedorm: c-::nstruc:icn work at the si~e of c::::r.struc~icn s;...ci! be re-:;,vired, to file suc:, c re?cr~ if it mee~:; t~e re~uiremer:ts in subdivision:; (i), (ii), ene (iv) of ~!,js pcrcs=--=.=,~ (a) (1). (2) Each persan required by subparagrapn (1) of ~his paragraph to submit re?ods shelf file such c report with the c=ntrcc:ing or oc::-:inis:-er- ing cgency within 30 dcys ofter the award to him of 0 contrcct Cj subcontrcct, unleB such person has suomined sue.:' c re~ort wil'hin 12 months pre-::edins fhe c~te or the ewerc. Subsequent re?crt~ s;,all be submitted annually in acc:orcance with su::parasrc,,;, (1) or this pcrcgraph, or ot such other intervals os the cgency or tne Dire-::}cr mey resuirea The agency I wirh the approvel or ~he Cire-::tcr, may extend ~;'e time For filing any report. (3) Tne-Direcl'or, the agency, or the opplicant, on their O\'m motic~s, mey reSuire 0 prime contractor ta keep employmenr or other records end to furnish in the. form resuested, within reasoneble limits, such inFormction c;; the Director, cgency, or the cpplicant dee:-ns nece~xry fer the acministration or the Orcera Tne feilvre to file timely, 'c:lmpletc, cnd Cccurc~e reports, os re- suired, c::n:titures nonccmplience with the prime controc~orJs or subcontrcdor's obfiscticns under the esuol Oppcr~unity clouse and is a ground for the imposition by the agenay, the Director, Cn cppfic:::nt, prime contractor or subcontrcctor, or cny scnction: authorized by ~~e Order and ~he regulations in this subpcrt~ Any. such Failure shall be reported in writing ~o the Director by t;,e agency t;'s seen as prcctic=bre after it oCC:Jr:; a Re~crt:; end ether Re~ujr!!d InFcrr.-:cfion b. Rc~uireme:1ts for bidders or prospective contrcctors. (1) " ~ E:::ch ogency shell require e':l'ch bidder or Fr~s:=e-::~rve ?rime c:::n:,-::c:cr end prCFo~cd subc::mtrcctcr, where appropriate, to stete in the bid or ct the cut::ct of nc::;oticticr.s for the c:::r.trcc: whether it hes pc:-'ti- cipcted in onv previous c......drc.:t or subc::mtr=d svoie::: ~c the E-"-I CCPcrhmih' ~Jcu::c. ena' -,or so, whether it hos fi fe'd with ~he ';....'.:1 ' , I , , _.... I. Rc.=cr~ins C'::;";"lr.1iUcc, the Dirc-::t.:=r, en CSC:icy, or f:,e ror:":'1c:'" PreSiCe:1f's Committee on E::;vcl Employment C.=::or:unity, ell re:::crt: due under the a"plicable filing requirements. The stetement sh~1I be in the form of a representclion by ,he bidder or oFferor sub- stantially es fo/lows: SUBDIVISION RECONSTRUCTION / RESTORATION K - 4 "Th.cce, (c, o;;c,cc) ,cc,c,cnro 'hc' ;,c.l hc:,. ( ) h,,, to . . . . . . . _......." "'--:""I"r--c. .u!""'t!.....~ to ne'l PC:-~l::l;::::::te': In C ?iCVrcu: C::r..iC.. _, ~v........,. ... ' .. .....__. , - Ie' I I . ~.' -;.-...... ......i.-:nc"y c-n- tne ::::uC ==cdunltv c CVS~ r,c:-=II', C. ,;'"Ie _.__4_ .....:' .. _, . :. . '. - '. - '. 'N 1 'JC'" < - IC - ,-.. . fClile-= In se:'~lcn .;01 or cxe=~tlve Creei"' I c. . ___I "",r ,,~_.......s_ c:ntcined in se:~icn 2Cl cf ~c::..rtiv~ Cr=e~ Nc. 11114; t!-.c~ ne ( )' ()h . ~. . II . c...;.-:::iic:1cC re:::::riS,' c::: ~~,::t ne::., c~n::" ,ile=:: re~ulred _ . . . . ,. " I.. ~ .. __ ..... ..._................... re;:re:;c:1t=~lcr;s 1;"',C1c=rIMS ~u::mt:;$lcn cr reO:::....Jlreo:: __r.":...IIC..__ "" . ., . ":.u;,c_--.''.'.-_-_,'~.,': ',,;,1', '_-0_ -_~_~.-:;-."'_" sl;;:e-:: :::y :=:-::===e:: . _ I _ ~ ..... _ ,=ri::r ~:: :~':- C=r:ti:::'::'~ c.......c:-::>;. 11 (7:-:e ==.::.....e re:=:".=::~;-.t.::~;c:-: :-:eed :"',ct in =::nlie:.:ic:-: wi:;' c:::r.lrc=~$ or su::=::::-:.~:-=:::~: wr.ic.:' ere 1 . _.. . C~ Sl...!=~i~~e= exe;:-::::r r:-:::":": , , ) ...~ '-".. t,,_ c.........s_. When c bidder or oncr::r feils to cxec:.;te the re:=re~entc~ic:"'" ~he " 'II b .,,, . ., ", ',' c.'. omfsslC~ s...:c e c::n}lce:"~.... C r."Ilr.or InrCi.7lCII'Y cno .ne .....IC.;:~:- or .of:e:-:::r she!! be pe:-:TIitted to sctis:y the req~ireme~t priur to ,cwerd. (2) In cny c:::se in wnich c bidder or pr=~~2c~ive prlr.-:e c=:-:~:-=c~=r :::r Fr::::=:::~ed suhc:::ntr::.::~oi', wnic:, F=rtlc:pcred in c previa:.:! c:::;-.~:-==~ 0:- su=c::::-:.t:-=c~ SL:oject to txec"..Jtive Crd~:-s No. J0925, lill.!, or 11:";6, nes nc~ fned c re?ort cue unde:- tne =:=~Iic=bl~ Filing re:;~jre~e:"lrs, n::: c:::ntr=c~ or subcon~r=:::t snell be cwcrded, unless sue:' e:::nl:-::der submits c report c:::vc:-inS the deiinsue:;t pe:-icc or ',' ., .... b ,L 'h C' , sue." Oll"le:- perro::: speClflec y li1e c;e:-:ey or. e 'lrec.or. (3) A bidce:- or pr::s?ective prime e:::r:trcc~:::r or pr::pcsed sube=nt:-::;c~cr snell be req:..:ired to suomit such infc~ctjon es the csency or the Direc.7or r~q:..:ests prior to the ewere of the ccntrcct or subccnt:-cc:. V/r.e~ c determinetion he& bee:'"! mede to cwe:-d the contrcct c:- sub- e:::nt:-::ct to c spe::ific ccntrcctcr, suc:, c:::r.t.cct::r shell be ~res'...:ired, Frier ~o cwcrc, or ofte:- the c'Here, or beth, to rur~ish sue.:' othe:", infcr:Tl::::~ion cs the cge:"lcy, the cpplie=;,t, or the Direc~::::r re::::..:e$t:;~ (c) Us.:or R.pcds. Re;::ods filed i=unucnt to this 1-12..EC5-4.'shell be used only in conne~:ic:-: wi~:' the cdministrction of the Order, the Civil RiSh~s Act of 1964, or in fudheronce of the pUi?CSeS of the Orde.r C:'1d !cid Ac:. (c) AC~l..!jsiticn of Reporf" F::::7:'1s. Stencer.::' Perm 100 is aveilcble in ell GSA supply oe?ots. Copies of the form l7ICY :.e obtc:~c::: frem GSA thrcusn the c=nrr:::c~ing or cdi.1ini~t~:-;nS' cS~:'"Icy. l:1e stcex: :1umber fer the ferm is cs ferrow's: 5 . , to:-:::::..:: For:-:-: No. St:::cx NL.'r.:=~i Tit Ie leD 7540-9"26 -204 9 E;:;'Jcl employment cppor/unity emproyer in:.:Jrmction report. ~ SUBDIVISIONRECONSTRUCTIONI'RESTORATION K - 5 1-12.EC5.4 ~ . . PRCCURE.lyIEi'l1 STA,'JDAWS. A. All CcntnocI, end Subs;rent, for constructicn cr repoir shell . I ' .. r '.. . ~ C ' . It... . Inc.uce c pr:::VIS1cn .cr C~rr:pllcnc:: Wlrn .ne =;:Je!cno .-..--:tl- Kic:< :cckll A.c~ (leU.S .c. c7~)~:.: sUf=~re;:-:e:;;ed in Ce-~:::::"~:7':~;.t or Ld::cr Re;ulcticns (:9 C::i\, Pert 3). This ~ct ?r:;:,v;ces tnc:~ ecc:, C=i1tjcc~cr cr Suc:::-c:"",tee :,:'011 be =ro;'i=i~ec rr::m inch.:c:n- - , ;:, by cny me::ns, cr:y pe:-:.:cn employed in the c=ns~iuc~;on, c:::mpfeticn, or re;=cir or public work, to giv~ up C:1Y pert of the C:::t":':penscticn ~o which he is othe:-wise e~d;rled. The Gr:::~!ee shell report all suspected or reported violcUons to the Grcnter Agency. B. Where cpplic::ble, ell Contracts cwcrded by Grcntees end St.;b- grcntee: in excess of $2,OCO tor c::r:s~ruc:icf1 c=ntrac~s cr.::: in exc:e~s or $2,500 for ether c::r'-trcc~s wnic:, involve the em- ployment of mechcnics or leborers shell include 0 Frovisicn for ccmplionce with Sed;ons 103 end 107 of the Cc:-:tro=t Work Hours ene Scfery Stcnc:=rcs Ac~ (.:i0 U.S.C. 327-JJC) os suppfemented by Der:cr~me:1t of lc::or Resvlcricrn (29 C??, Pcr~ 5). Uncer Section 103 of the Act, ecc:, Contractor shell be required to compute the wages of every mechanic one leberer on th-e basis or a stcndard work dey or 8 hours ene c stancard work week of 40 hours. Work in exc;Ss of the stencer:: workdcy or workweek is pe:'":ni~5j::le provided the: the werker is compenscted ot c rete of not fess then 1-1/2 times the !:::csic rete or pey fer oU hours worked in excess or a hours in any c:::/endcr dey or 40 hours in the work week. Section 107 or the Act is cpplic:::b1 e to ccnstructicn work end provides that no tcborer or mechcnic sholl be required to work in surroundinss or under werking conditions which ere un:.cnitcry, hc:::crdous, or dcngercus to h;s heclth end scfety cs deter",ined under construction, saFety, end he::Jl~h stcndarcs pr.:::-:utgc:ed by the Secretory or Lebor. These re:.uire:Tier.:: co no~ apply to the , . I' . I ~r.. r ., 'I " , 1 FurC:1cses at SUFF Ie:; cr me: erlC s or"", J ,c.e~ crClnCr! Y C""CIIC:::: e en the O~:H~:1 market, crc=n~rCC~5 rer tr=;-:sFcr~=~jon or tr:::-::':":iissicn of intel/;gence. c. E:;ch Contrcct of en amount in ex;:e~s of $.2,5CO C'NQrced by c Grantee or Subgr:::nte~ shcll provide that the recipient will comply with applicable re;ulotiens end s~cnccids of the Ccs~ Livins C:::uncil in cstcbfishing woges cr.c prices. The prcvisic:-1 Shell cC'/i~c the rccipicr.t thet sucr:1i~:;icn of c 5id or offer or t~e sucmittcl of en invoice or vcuc;,er for pr.:pe~~y, seed:., or sC~'1ic~: rur:iis~c:: wnc'c~ c c=r.trcc~ or C~;"'~c:":":~:"lt with rhe Gr:::-:t~e shell c:;r.::itutc 0 ccdific::ricn by him ~hct CI',:,ounh to be ~cid do net exceed maximum a/foweble fevers cu~hori=ed by the C~st of living Council rc;ufc~ions or standcrds. Violotions shell be reported ~c the Grontcr Ase:1cy ond the /oco/ lnternol Revenue Service: fi,..lrl oFfice" SUBDIVISION RECONSTRUCTIONu/-RESTORATION K - 6 . . D. C=n~rc;:~~'cild Sub~rc;"1t~ of c;"':"\cunts ir. Cx::~~s of SlCO,CC siicll c:::n.tcin 0 pr~vi~icr"1"' wni::h reqw;r~~ ~:'e r~~ipie~t to c;r~e ~o c:::mply wit~ ell cp=!ic==le ~:=:-::::=id:;, crde:-~, cr re;ulcricns issued pur~ucnt to the Cic=i1 ~jr Ac~ of 1970. Vicrc~jcr:s shell be re~orte:::' ~c t:,e Gr::::-.tOi Ase~,cy C:iC ~!-:e Re;icr:ci CFfice =f tr,e ::-:'/:r=,..,r.-:e:-::ci ,=:":::e-::~:c;",,; A~e;-,cy. E. C=:"'l;iCC~S she!1 c::nt::;., sue:': c::nr."'cc:-.;cl ;:rOVISlcns or c=ndi~ior::s whic:, will cilcw fer cd:nir.js:r::~ive, c'::r'itr=c~ucl, or lesel re:'nccies in instcnce:; wne:-e c:::nh"cc:on violete or breech c=ntrcc~:; tCr.":"lS, end .=r:::vide fer suc.~ SC:ic~icr.s end .,enc/tics as may be appropriate. F.. All contrcc~s, amounts for wnich ere in eXce:s of $2,5CO 1 shell contcin suitable Frovision~ tor ter;";'linction by the' s:-cntee includ:ns ~he :i'lCnne.'" by whie:, it 'HilI be er;e=.:ed ond the bc::is for sertle:7':cnt.. In cddition, such ccntr~C~::i . II'" .. . " ., L - , snc cescrloe concrtlcns unce.:'" WnIC:1 t"e c=ntr::c~ me;'! :::e te:":7'lincted for defoult os well os concirions wnere the c:::ntroc~ moy be termincted oecc!.,;se of ci;=:JI.'l~:.:;nce: beycnd the c::ntrof of the contrcctor. G. In ell c:::ntr=c~::' for e:::r.structicn or feciii:y irnp:"oveme:,r cwarded in excess or SloO,ceo, grantees shell c=se:,ve the bcndins; reSvireme:1ts provided in Attcc~ment B to this Cire"Ier. H. A:I c=r.tr:::c~s cnc!,r=ub;rcnts in exce::s of 510,000 shell in- eluee previsions for c:::mplionce with Exec:.Jtive Oreer No.. 11246, entitled, "Equal Employment Oppcdunity,lI os supplemented in Depertment or lebor Regu.letions (4 J CFR, Pert 60). Eoeh con/rector or subgrentee shell be rec:;uired to hove en afFirmative cction pren which de::lcre~ thet it doe~ nct disc:-imincte on the bcsis of rcce, c~lci", relicion c~e"""": - ,. -...., national cris;in, sex, ond cs;e end wnich Specifies. ccel: end tc;,,~et cates to C!::;urc the impfe:Tle:'1:cticn or thct Ff~n. Tne ~;,,~n~ee s.hclI e5~cbli$h procedures. to, CS.$ure c::mplicnce with t:-:l~ rc:;::ulrer:-:C."'lt by c:::nt;"cc~cr:; or SU~src,""1tees end to CSSure .'. .' . ' . I . I . '''0, ~uspc=..e-:: or r~?crleC' VIO Of Ions ere pr=mpt y 'nve:tiscted. SUBDIVISION RECONSTRUCTION / RESTORATION ..... K - 7 . . COMPLIANCE WITH ?ROVISICNS OF THE V,50R L:-W Pur~ucnt to -Article a of the Le::er L::....., the c::ntr:::ctcr's c~:c~t;cn is djrc::~e= to the fOllowing resuire:nents: 1. Se=~icn 220.2 which re~tJire~ C :Hpl.:fc~icn thc~ no roborer,. wcrK~cn or mec:-:cnic in the e;"plc)' or the c=r:trcc~=;"" s.ub:::::"":rr=c~::r or ct~c:'" r:~:-:..::n c'.::inS or c::-:::"=;:~- ins to do the wnole or C FCit of the wcrk c=nte~F;cte~ by tne c~ntr=ct shc:1 =e pe:-:7lined or re::;wired te WOrK mere thc:1 eis:,t hours in C:iy c("",e cclc;'lccr c'::y ::" mere then five c:ys in cny one weeK exce?t in the emergc:1c:es set fcdh in t1--:e Le ber lew. 2. Sec~ian 220.3 wnich re~uircs 0 prOVISion that ecc!' Icbore;"" workmen or med-:cnic employed by ~he con/roctor, subcontractor or other pe!"'son about or upon sue;' public work, sholl be paid not less then the prevailing rote of wages ana' snell be. provided su~plements nct fess than the prevcilin"s supple~ents as deteil":"!ined by the fi,cal cificer. 3. SecHon 220..3-= alsO' re::::;uires that the c=r:troc~cr end eve:-y subc::ntrcctcr cn public works c:::ntrcc~s shcII pest in c prornine...t cnd accessible plcc~ cn the site of the work a legible stcte:ne:it of ell wage retes end sUFpfeme!'1ts as specified in the centred to be paid or provided, as the CCse mo}' be, for the vcricus clcBes of mechcnics, workinS:-:"Ien, or labere:-s emFleyed cn the work.. 4. Section 220.3-e provides thet apprentices will be permined to work as su~h only when they ere registered, individually, unde:- e bono fide prcsrcm resistered with the New York Stete De::cdr.lent of lecor. The allewcble retia of c::::re:1tices to)curneymen in eny crcfr .cic:::~jfie=tic'l shelf not be src-=ter then the rc;i~ 't' . t 'h ' . . f ". h . perr.11 .ee 0 I e c:::ntrecfor os to nt:s WorK cree on a;:y ICC uneer ~, e reglsterec progrcm. Any employee lis~ed on c pcyrofI at en apFrentie~ wage rate, whO' is net regi,tered c, cbeve, 'hell be paid the ""'ge rete determined by the New York Stote Deportment of labor for the classificctiO'n O'f work he actually performed.. The contractO'r or subcontrocter will be reGuired to furnish written evidenc: or ~he regi:;~rotion of his prO'gram cnd apprentices os well os of the c;:'Prcp~iare ratiO's and VV'Cge rcte~, fO'r the ere,::, of c::ns~rue~ion prior to' u~ing cny cpprentice on the ccn~rcct work. 5.. Section 220-e which rcsulres provisions by wnic:, t~e c::n:jcc~cr with ~he Srcre or municiFefity cgre':~: (0) Thet in the hiring of emplcyees for the pedormcnce of work under tn-is contract or any subcontrcct hereunder, no contractor, subc::ntrcctor, nor any per~cn oc!ing on behoff of such e=ntrcc~or cr subcon:rcctcr, shelf bv re::scn of rcec, creed, color or national origin di~criminete oscinst any ci;i::~n of the Stete af !'-Jew Yark '""ne is cueIified end avcilcbJe to' perror,-:, rhe worK to wtlicIi the employment re!ct~:::i . (b)' -', h' . , ,- . I J net :10 c=ntr:::c~cr, $ucc:::-:~rac~::r, nor any pe,~cn on 1.$ ::e!1c.: sne " in any menner, di:;.:riminote oscins~ cr intimid::te any employee hired for the performance of work under this c=ntro::t on acc:=unt of race, creed, c:::lor or noticnalorigin. (Your cttention is directed to the provisions or the Stete Lcw as=ir,st Oi:;criminetion which olso prohibit discriminction in employment because of age); ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 8 . . ( ) -h h to... fL. . 1 ..' ~t c '-r to I' e J ct t e:-c may....e cecuctec rom tilC cmcun. p=yc:::: e ,::I ,TiC c::::.. r c...... _:' ne I '" 'II' . Stc~e or mvnic::cc!ity undc:", ~his c:ntrcc~ :::: pe~c ~y of tlY~ c:: ,e;,,:. ~~r ~::'::.-: I . , '. ,., , . '.. . C'" .. -... C.' l'-,'.,'.-..',~_-,.:,!:i. c=,e::c:::r C=:' cur:r:s wnlC~ :\1c:": pc;~=r. we:. c::,:;-:r.-:ln .c_ =;...:"_1 II _~_ in vi.:::lcticn of ~he ?:"ovisicr.s of ~!-:c c=r:rr.:=-::~; (e) Tnet this c=nt;:::c~ me)' be c:::::-:ce!lcd ::r le;":7linc~cd by the S~c~e or mu:-:ic:;:=I- J 'I . . . h . " _, . _ ity, one c. moneys cue or to oec=~e cue ere:.;nCCi mey :::e r::::-reI te-::, iei C sec:::nc or cny subsesve:-1t violction of the terms or c:::nc'iticns of this secticn or the c=ntrcc~. 6. The cforescid provisions of Section 220-e whic:, covers every c:::n~ract POl" or :::~ benc!f of the Stote or municipality for the mcnufacture, sele or distiicuricn"of rr:c~e:-iels, equjr~!"iIe:!1t cr sup~!ies !lnc/l ce limited ~c opc:-:::ricns perf:;r:7":ec wi:hi:-: the territoricl limits of th~ Stete of New YorK. 7. Se~ticn 222 which requires thct prcrerence in employme!1t sherl be sive:"'l to citi- ze:1S of the State of New York who hove bce!1 residcr.ts fer ot leo:::s: six cor.s~:::v:jv' months immedje~ely prior to the commencement of their e;"ployrnent; thct pe:-sc:":s other then citi::eils of the Stote of New York mey be C:Tl?/oyed when suc.~ citi::e:":!l Ore net availcble; eile thet if the requirements of Section 222 c::Ince:-nir:s pje:e:- ence in ern?/o)'ment to citizens of the State of New York ere net com~lied with, the c::mtrcd sheIl ::e void. 8. Sec~icn 222-0 which re-:;uires thct if in the C::lr.s~r'-'cticn of the puofic wcr.< e hCi:":'1ful dust ho.:.=;-:: is cje-=~ed for which c;:pliances or r7'H:~thccs for the elimir,ct- tien of harmful C\Jst r.e::crd is erected for wnieh applicnces or me~hods rer the elimination of hcr~Ful cus~ heve ~en cp:;:roved by the Bc:::rd cf Stcndcrd Appec!s, such cppliances cr methods shell be installed end meintcined end effec.;ively operated by the c::mtrcetori end thet if the previsions of Sec.~icn 222-0 concerning hcrmful du,t hcoord, Ore not ccmplied with, the controd ,hcll be vcid. OiH2::t R'ECUIRE.\iENiS Every S~c~e c=i1trcc~jng c~ency, ir.c!LJc'ir:g Public ct,;~horities, mu!~ include in e-::c.., c:::j",~r=c: pcrcs:-c,::hs (0) throus;n (s) of the S~'::""'c::jd Stote C::ntrGc~ c!cu!es prcmu!f.=~ed ~y the GC'/er:i=; on September 12, 1963 end emenced Navem::er lA, 1963.. leber c!c~siric:::ticn5 no~ oppeorlng en the occ::mpcnying schedule of \.Yeses e=n be use:: cnlv with ~he c=nsent of the depcr~ment of jurisdiction end the:1 the rete to be pcid will be civ~~ by the dcr:cr~me:1t of juri~dicticr. after being advised by the New York State De::cr~men-t of "Le::cr. . Tno c"~trcc:or ,hcll ",cke 'u=." o,o'l"lcn fer e;,,,,,;lily be"ef;I" wcrk",cc.', oo"";oe":c:;c,,, uncr:-:::ic.....me_f in~urc~c" '~c;cl 'ec"r'""I cr."" ~crc,., c-"c ~rov" C , . I . , ." '.Jo .. -, ..v' .. ..... 'J ''';''''' ...,...::-. '..i r. c:; ere rec;:;irec' ~y Ie'..... ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 9 . . I R I' 1'" ~ <; C ,. r .. .' . Gencrc.", ('::U C~Jcr: No. I cs l~ue:: =y ~,,~ _~cte cr.:ml':SIC:"": cr ,'"":ur.-:ci\ ,~.J~.-:~:;, r~:::'",;;r~: thcf ecc:, C=ntr:::c~ c:ntc:r:: c :~i;:uk:::=~ ~r.c:: ul~;:j he:-e=y cS:"'..:ed =:-- Ci'.= =e!wce:; ~~e Ferries herc!o thct every c=r:trcc~=r c:"'.c suoc:ntr:::c:or en~s:~-= in the ,::..;biic wcrl< de~';::';::e-= in this c=nfrcc~ sr.e!l pest enc mcir.rcrr. ct e::c;, or ~is e~~co;ishm~~ts =:"'.0 ct ell ~lcces ct .....,+;ic:, the public work cesc;-;bed ne:-e'.;ncer is beins: c:ncuc:ed, the Nctjc~ or ::-:e Srcte Commission for Humen RjS'~ts indic::ting the substcntive prcvisicns of tf--.e Lcw ~s:'=rnst Disc:-iminction, wnere c:::rr.plc:nts :i"lCY Se filed, end other pcrtinf..:r:t ir.fonilc:ici.. Suc!-i Notice snell be posted in ecsjiy cccessible end well lighted pieces custcmcril:-r fresue:'"lted by'employe~s end cpp/iccnts fer e:'Tlplcyme:'"lt. II The Notice mey be obtcined frei.": ~:,e depcdment ;,cving iurisdiction, or rr~o"":'l the cffice or the Stcte Commission rei r.umcn Ris~t~ in the res,::e::tive cree. Yeu Cre req=-rested to refer to t:,e :.urecu of Public v'lcrk ell cf,c'~es or c'i~c:-im~nC'rjcn in em~icyment inclL:cjr,~ dj:~:-iminc~icn ceccuse or cge, rcc~, cree':. c::L:r or nc.~jcrCI' . . ~ -. or j S::"l SUBDIVISION RECONSTRUCTION / RESTORATION K - 10 ~ . . SC::CTION 1. NON-DISCRIMINATION CL~USC:: Durins :-ne peri:::ri':":cnc! or ~his C:::n~jcc~, the c'::ntJ"=c~:::::r C~jee~ cs follcw~: c. The Ccn~..cc~or will net disc:-iminc~e cscinst cny employee or c??lic.::nt ref empio;-- ment bec:use of rece, c:'~ed, color, or nationcl origin, ond will teke cffir.;:ctlve cetion ~o insure thet thC"1 ore afforded e'1uol employment cPFcrtunities without disc:imincticn bec.::use of rece, creed, color, or nct!oncl origin. Such cc:ion shell be teken with reference, but not limited to: recruitment, employment, job assignment, promotion, upgrcding, demotion, transfer, layoff or tClrnin"ction, retes of p::Iy or other forms of compen:otion, end sclec~ion for treining or retrain- ing, incluci:;g cpprenticeship end on-the-job trcining. b. The Contrcctor will send to each ICDar union or representctive of workers with which he has or is bound by 0 collective bargaining or other agreement or understanding, a notice, to be provided by the Commission of Human Righls, advising such labor union or re?resentctive 'or the Contractorls agreement under douses "e.1f through IIn. hereincfter oiled "non-discriminction c:lcusesltl end requesting such Icbor union or representative to agree in writing, whether in such collective bergeining or other agreement or understonding or othef"'Nise, thct such lobor union or re?resentctive will not discriminate csainst cny member ;:r cpplic=nt for memcersnip because of race, creed, colarJ or notional origin, cnd will toke affirmative cc~ian to insure that they ere efforced equcl membenh~p OFpor~unities without discrimination because of receJ creed, colorJ or notional origin. Such ectian shall be token with reference, but not be limited ~o: rec:uitment, employment, job assignment, promotion, upgrading, c:e- ,.motionl transfer, layoff ~r terminetion/, retes of pcy, or other for:ns ofcompenso~ion, cnd selec~ion for training or retreining including apprenticeship and on-the-job train ing. Suc;, notice shall be given by the Contrector, and suc;, written agreement shell be mcde by such lobor union or reprcsentative, prior to the commencement of per- formances of this contract. If such labor uni on or representative foils. or reru~s so to osree in writing, the Contrac~or shell promptly notiFy the Ccmminicn f:r Human Rights of such failure ar refusal. . C. The Contractor wilt post cnd keep posted in con~picucus pieces, available to cmployr cnd cpplic=nts for employment, notices to be provided by the Commission for Humen Rights setting forth the substance or the previsions of clcuse~ "0.11 end lib. II end suc:, provisions of the Stetc,ls Le'Ns against dj~criminctjon os the Commission for Humcn Rights shell delermine. d. The Contractor will state, in ell ~olicjtctions or cdverti!.Cm~nts for employees prcc.ed by or on bcnalf of the Contrectar, thet all qual j fied applicanls will be afforded e::ua employment OFPodur.itie: wi/heut discriminct'jon 'becouse or rcce, c:eedJ' coler, c~ ncticr.cl crisin4 SUBDIVISION RECONSTRUCTION / RESTORATION '" L - 1 . . e. The Conrrec~or will c:::mply with the provi,ien, of Sedions 291-299 of the Exec",ti Low one the Civil Righr, lew, will furnish 011 informotion end report' deemed nee $Cry by the Commission for Humcn Rights under these ncr:-di~crimir.ctjcn clouses C~ such sec~icns of the Exec:Jtive Low, ene ........ill, pC:":"':1it ccc~!.s to his bcck~, rec:::rds, end CCC::unts by the Commission for Humcil Rights, Cl":.C C-.vncr rc~re~c::,,::-=~ive~/c=... for purposes or invc~tis::tion to ascertain c~rnplicnce with rhese ncn-disc:,:mincHor clcuses end such sections of the Executive low end Civil Rights Low. f. This Contract mey be forthwith ccnccJled, terminated, or suspended in wnole or ir port, by the contrecling egeney upon the bo,i, of 0 finding mode by rhe Com;"i>>ic of Humcn Righ~s that the Controctor has not complied with these ncn-disc:-iminctio clou,e" ond the Contreetor moy be declared ineligible for future contrects mode b or on beholf of the Owner/Controeling Agency until he sotisfied the C::mmission fe Humcn Rights that he hes established cnd is c:::rrying out C progrcm in conformity w the previsions of these non-discriminction clauses. Such frnding shelf be mode by Commission for Human Rights cfter conciliation efforts by the Commission have feil to.ochieve compliance with these non-discrimination clouses cnd ofter c verified c plaint hes been filed with the Commission, notice thereof hes been given to the Cc troctor end on oppertunity hos been offorded him to be heord publicly before three members of the Commission. Such scnt~ons mey be imposed end rcomedies otherwi~e provided by low. g. ff this Contract is cancelled or terminafed under clouse IIf:', in addition to other rishts of the Owner provided in this contract upon its breed, by the Ccnticctqr, th, Contractor will hold lhe Owner hcr~Iess cSCinsf cny additional expenses: or costs: ir cur:-ed by the Owner in c::mpleting "the work or in purchcsing the.servicesl' mcteric~ equipment, or supplies con.remploted by this contrecl, end the Owner moy withholc pa)'TTlents frem the Contractor in on amount sufficient for rhis puri=ose cnd recourse moy be hod egoin,t the surety on the performence bone if nece>>ory. h. The Contractor will include the provisions of clcuses "0.", thrct:lgh ng~' in every sub contract or purchcse order in such a manner. that such provisions will be binding up' each subcontractor or vender os to operations to be performed within jurisdictional loco/e of the Proied being controeled by the Owner. ihe Controctor will roke sue aclion in enforcing such provisions of such subcontract or purchcse os 'the Owner/ Contracting Agency may direct, including scnctions or remedies for non-compIicnc If the Contractor beccmes involved in or is threatened with litigation with a sub- contractor or vendor os a result of such direction by fhe Contracting Agency/OWTle' the Contreclor shell promptly so notify the Owner', representotive'/counsel, rec;ue: him to ;nte;vcne cnd-protect lhe interests of the Owner (Confrccting Agency's juri:.dictionclorc-=). SUBDIVISION RECONSTRUCTION / RESTORATION L - 2 ........ . . GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. F. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. G. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All brush & debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. SUBDIVISION RECONSTRUCTION / RESTORATION Page 1 ~ . . 1.01 PART 1 - GENERAL SUBDIVISION RECONSTRUCTION / RESTORATION 1. 02 , RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard drawings attached. DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Highway Specifications. The work under this section shall consist of furniShing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the fOllowing: A). Clearing & Grubbing of overgrown shoulder areas. 1. All shoulder areas within this subdivision shall be cleared for a minimum of seven (7) feet behind the existing curbing. All existing shoulders that have been satiSfactorily maintained will require no work. 2. All existing underground utili ties and any existing road construction materials shall remain. Any items removed during clearing & grubbing shall be replaced at the contractors expense. (ie. pavement, concrete curbing, telephone lines, drainage structures, etc.) 3. All reconstructed shoulder areas shall receive a minimum of four (4) inches of topsoil and seed. Seeding shall be a mixture of 65% Kentucky Blue, 20% Perennial Rye and 15% Fescue delivered at the rate of four (4) pounds per 1,000 square feet. B). Clearing & grubbing of road surface areas. 1. All grass, brush, trees and vegetation that has grown up within the pavement area shall be removed in its entirety. SUBDIVISION RECONSTRUCTION / RESTORATION Page 2 . ~ . . 2. All grubbed areas shall be treated with a herbicide that is approved by State & Local Codes. The application of the Herbicide shall conform to the manufacturers recommended specifications. C). Clearing & grubbing of the Recharge Basin. 1. The perimeter of the recharge basin shall be cleared to a minimum of five (5) feet outside of the existing fence. The existing chain link fence is to remain. Care shall be taken to protect same. Any fence damage due to construction shall be repaired by the contractor at his expense. 2. The interior of the recharge basin shall be cleared in its entirety. The existing side slopes of the basin shall be regraded as necessary to provide a maximum slope of one of four. D) . Installation of all existing installations. ) new drainage Pipe & Manholes. underground utilities prior (Verify to new 1. New 18" Dia. Corrugated Metal Pipe (or approved equal) shall be installed in the shoulder areas of the existing roads between the catch basins located near the Rte.48 entrance of the subdivision and the catch basin adjacent to the recharge basin along Stony Shore Drive. See schematic drawing attached. 2. Two (2) four (4) foot diameter precast concrete manholes with cast iron metal frames and solid covers to grade shall be installed in the existing shoulder areas to accommodate the new pipe installation. Exact location to be established during construction. See schematic drawing attached for approximate locations. E). Patching & Resurfacing of existing Roads. 1. All pot holes, cracked surfaces and areas cleared of vegetation shall be patched with hot mix Asphalt. Minimum patch thickness is two (2) inches. SUBDIVISION RECONSTRUCTION / RESTORATION Page 3 , . , 1. 03 1. 04 1. 05 1. 06 1. 07 "" A. A. . . 2. Upon completion of all other phases of construction the entire road surface shall be resurfaced with one course of oil (RC 250 - 0.3 Gal./S.Y.) and Blue Stone (1/4" Stone - 25 lb./S.Y.) See standard highway specifications for additional information regarding pavement requirements. STANDARDS: All new construction shall comply with the following reference standards: 1). Southold Town Highway Specifications. CONTRACTOR QUALIFICATIONS: Contractor must qualif ications: show evidence of the following 1) . A minimum of five (5) in road construction experience. years continuous experience and drainage installation QUALITY ASSURANCE: A. The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of Asphalt patch shall be verified by the contractor prior to submitting his bid. B. The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: A. Delivery, storage and handling of drainage pipe, concrete castings, paving and surfacing materials shall be in accordance with industry standards. JOB CONDITIONS: A. Asphalt patch work: 1). No asphaltic concrete shall be laid during wet or freezing weather. 2). Protect newly laid asphaltic concrete work from rainfall until it is completely set. 3). No asphalt or bituminous materials shall be placed when the outside temperature is below 50 degrees F. SUBDIVISION RECONSTRUCTION / RESURFACING Page 4 . EXISTING CATCH BASIN & HEADWALL EXISTING RECHARGE BASIN EXISTING CHAIN LINK . FENCE . NEW 18" 0 DRAINAGE PIPE EXISTING CATCH BASINS . ::T-T-TUTUT-!;- ~ '@:@'@' @: (0 PLAYGROUND o:J '" " ... '" >< H Z ::0 o u @ CHERRY ;</I.'l WILD C> ~ '" G , ~I :> H '" C> @ : II ~ '" o ,:x: :1 CIl @: ---t. e @ t..1 @ :x: H '" o z (0 ">// ---/// NEW 4' 0 PRECAST CONCRETE MANHOLE Wi CAST IRON FRAME & SOLID COVER. (TYP. of 2) - ~Oll.'J:li S C HEM A TIC SUFFOLK COUNTY TAX MAP # SECTION 52 BLOCK LOT II 03 @ ........ SIT E P LAN N.T.S. NOTE: THE CONTRACTOR SHALL BE REQUIRED TO PERFORM ADEQUATE SITE INVESTIGATIONS AND IS RESPONSIBLE FOR VERIFICATION OF ALL QUANTITIES & EXISTING DIMENSIONS. STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC I N. Y. . . PROPOSAL FORM DATE: q /, / q,; I I NAME OF BIDDER: r;,AtJl ~y F 5 k 12e~e.. TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORECREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION / RESTORATION C - 1 . . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: t2... TkM'i..4N words) 3t{-, e9o. c-C> (written rn numbers) of hU1VI)flGf> i\Nl)IV;l-icf I)" t(AlLS And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of fortY-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder :---L1!:..,..p"7 C': Ae- ~ V Business Address: 5"0 G'JLL P".oJi'> LAtJr: G.DEf: AI r 6 rL:t . , /J '2..t.J V D 2.-k I (( q 'ftf Telephone Number: S-10 Date: S, (l ft e.w..W 'I '-(17- , B ").. 2- tqqf SUBDIVISION RECONSTRUCTION / RESTORATION C - 2 ~. .. . . STAT~T OF NON-COLLUSION : (To be Completed by Eac~ Bidde~) I~ accordance w~t~ Section l03-d General Mu~cipal Law, effective Septemge~ 1, 1966, ever! bid or proposal hereafter made to a political subdivision of the State of any public departnent, agency, or official thereof or to a fire dist~ict or any agency or official thereof for work or services perfor.ned or to be perfor.ned or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affir.ned by such bidde~ as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidde~ and each person signing on behalf of any bidder 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 knowledge and belief: (1) The prices in this bid nave 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 any competitor. (2) Unless other.ise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, part~ershipJ or corpo~ation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully infor.ned himself regarding the accuracy of the statements contained in this certification, and under the statements contained in this certification, and under the penalties of perju~v, affi~s the t~~th thereof, such penalties being applicable to the bidder, as well as the person signing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the ~~ecution of this certificate by the signator of this bid or proposal in behalf of the corporat: bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 ) . . RES 0 L UTI 0 N Resolved that SI"..tJt-~ Y (C1ame . at "F. ~tQlS z.E c.- COr,loration) be authorized to sign and submit the bid or proposal of this ccr?oration for the following ProJect: Sv ~nlVi ~;~ e6WJvf.~ll~"'" Q~ +",..,,,q.{..; <>A tvt S h.c..r-e c..-v t!' S of _IS\"< ~I.l A-M..~AA b 19 "rts-6 IJ, i t I Ii 7( (Describe Pr ject) A-rAb. 1-1 cve 5 . and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such corporation, and for any inaccuracies or mis-statements in such certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoi~g is a true and correc: copy or t~e resolution adopted by <;TI'\NU, Y F S~Pl;::2eC corporation at a meeting on the Board at Directors held on the --L- day ot , 1 93...::L (S~\L OF TEE CORPORATION) ~ f>>,.~O- Laws of New York, 1965 Ch. 751, Sec. l03-d, as amended dffective Septe~ber 1, 1965 SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 , . , . . . NEW Ya:lK STATE AFFI~TIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the fOllOWing certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION S~l...e Y 1=. , <:::'krr 6 Z-C c... (Bidder) Certifies that: 1. it intends to use the fOllowing listed construction trades in the work under the contract ;EA~~ C('dZIlZ--u:"/i +11'1::) <;0"" ~ J::...ur - A Sf t.n L r- I"j-I 6- ;and, 2. a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being; ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ;and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (S~~ ~~~""'""'i.' of Bidd.,) SUBDIVISION RECONSTRUCTION / RESTORATION E - 1 'r--"~'~-l""".-. ~.,....,~ ..---~..- ..-..~-- -"~""_"_''''''_~_'''__'''>''''''-''''''_'_ ~"_.~~."~~__n'__~'_ f - . . . SPECIFICATIONS ;{..-r.:........ l';', . ---~. SUBDIVISION RECONSTRUCTION & RESTORATION: SHORECREST @ ARSHAMOMOQUE COUNTY ROUTE 48 SOUTHOLD, NEW YORK 11971 AUGUST 9, 1994 srm~ SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N. Y. PECONIC LANE P.O. Box 178 PECONXC. NEW YORK 11958 516 765 3070 . . PROJECT DESCRIPTION SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE TOWN OF SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE RECONSTRUCTION AND RESTORATION OF ALL EXISTING ROADS AND DRAINAGE FACILITIES LOCATED IN THE SUBDIVISION. GENERAL DESCRIPTION: * CLEAR AND GRUBB ALL SHOULDER AREAS FOR A MINIMUM OF 7' -0" BEHIND EXISTING CURBS. PROVIDE TOPSOIL AND SEED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * CLEAR AND GRUBB ALL ROAD SURFACE AREAS OF GRASS AND VEGETATION THAT HAS OVERGROWN THE SITE. ALL GRUBBED AREAS BETWEEN THE EXISTING CURB LINES SHALL BE THOROUGHLY TREATED WITH A HERBICIDE THAT IS APPROVED BY ALL STATE & LOCAL CODES. * CLEAR AND GRUBB THE EXISTING RECHARGE BASIN. PROVIDE A MINIMUM CLEARANCE OF 5' -0" OUTSIDE OF THE EXISTING FENCE LINE. RESHAPE THE INTERIOR OF THE RECHARGE BASIN TO A MAXIMUM OF ONE ON FOUR SLOPE. ALL EXISTING FENCE SHALL REMAIN. ALL DAMAGED FENCING SHALL BE REPLACED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * PROVIDE AND INSTALL APPROXIMATELY 400 L.F. OF NEW 18" Dia. CORRUGATED METAL DRAINAGE PIPE AND PRE-CAST CONCRETE MANHOLES AS REQUIRED TO CONNECT THE EXISTING CATCH BASINS AT THE MAIN ENTRANCE OF THE SUBDIVISION TO THE CATCH BASIN AT THE ENTRANCE OF THE SUMP. * PATCH AND REPAIR EXISTING ROAD SURFACE WITH HOT PATCH ASPHALT. (MINIMUM 2"THICK) RESURFACE ENTIRE ROAD SURFACE WITH ONE (1) COURSE OIL & STONE. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE: S.T.E.D., PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER _ (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. ""'::- . . . INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AlA Bid Bond Offer of Surety A-1 through A-1 B-1 through B-3 C-1 through C-2 D-1 through D-2 E-1 through E-1 AlA Document # A310 F-1 through F-1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions AlA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor Regulations Non-Discrimination Clause AlA Document # A201 G-1 through G-2 AlA Document # A311 H-1 through H-1 J-1 through J-1 K-1 through K-10 L-1 through L-2 CONSTRUCTION SPECIFICATIONS General Conditions Part 1 - General Specifications Partial Site Plan Page 1 Page 2 through 4 SP-1 ........ , . . INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and reatoration of all roads and drainage facilities in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 11: 00 AM, Thursday September I, 1994. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. July 26, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD Dated: By: Judith T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 '" . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fUlly inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. SUBDIVISION RECONSTRUCTION I RESTORATION B-1 ...... . . D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of cont ract wi 11 be made as soon as pract i ca 1 . a cont ract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form wi 11 be the current edition of AlA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The accept ance of a proposa 1 shall bind t he success fu 1 bi dder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of t he bonds shall not be 1 ess than one hundred percent (100%) of the contract price of the work. . F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. SUBDIVISION RECONSTRUCTION / RESTORATION B-2 ...... . . G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposa 1 sha 11 be accept ed wi 11 be requ ired to appear before the Town in person; or if a firm or corporation, a dUly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to .compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Cont ract, and thereupon, his proposa 1 and accept ance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. SUBDIVISION RECONSTRUCTION / RESTORATION B-3 . . PROPOSAL FORM DATE: th,(<<t( I BIDDER: NAME OF -rlf;rz-~ ~ ~t~ ~y\{.~-QA-I-JJ1 ~ TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORE CREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION / RESTORATION C - 1 ~ . . . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: $~ ~V~ ~~J l~O /.-L~ T~ h~1Jl~ (writt in words) '4l 44- ~!).~ ~ (writt~n numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certif ied check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder, ~ Business Address: T~ t~~~~ t- MJ,~ l-Js:{J:N: &''{ 0 IN. /J.(}v...y, ~ ~ " _Prv.e:kti 1 IVy. l(CfGr Telephone Number: Date: ~ (~4.:~ SUBDIVISION RECONSTRUCTION / RESTORATION {' I ~ 7,).-'1 - 0 nO C - 2 "" . . . S~~T~IT OF NON-COLLUSION ; (To be Completed by Eac~ Bidde~) I~ accordance wit~ S~ction l03-d G~neral Mun~cipal Lay, effective Septemger 1, 1960, ever; bid or proposal hereaf:er made to a political subdivision or the State or any public depar~ent, agency, or official thereof or to a fire district or any agency or official thereof for work or services perfo~ed or to be perfor.ned or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affir.ned by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty or perj ury, that to the bes t of knowledge and belief: (1) The prices in this bid nave been arrived at independently without collusion, consultation, communication, or agree~ent, for t~e pur?ose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless othe~.ise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by t~e bidder prior to openi~g, directly or indirectly, to any otber bidder or to any camp e ti tor. (3) No atte~pt has been made or will be made by the bidder to induce any othe~ person, part~ership) or corpo~ation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies t~at he has fully info~ed himself regarding the accuracy of the statements contai~ed in this certification, and under the statements contained in this certification, and under the penalties of perjury, affirns the t~th thereof, such penalties being applicable to the bidder, as well as tbe person sig~ing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the a~ecution of this ce~tiiicate by the signator of this bid or proposal in behalf of the corporat2 bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 ...... . . . RES 0 L UTI 0 N Resolved that --I~ ~Q,r~ r \f-lJe.:.t~'\ I J::c. be ~" of COJ:?orat:. aut~orized to si~ and submit t~e bid or proposal of t~is cor,oration for t;"e follc,-,.;ing Proj"ect: ~i Jl~ ~,,-<..V'e~ f.u.....{,-~.:.. ..;....t..- .J-;", ~ ~Yi~~. u-l' (Describe Project) and to include in suc~ bid or proposal t~e certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as t~e act and deed of suc~ co~oration, and for any inaccuracies or mis-state~ents i~ suc~ certificate t~~s corporate bidder shall be liable under t~e penalties of perjuty. The foregoi~g is a t=ue and cor=ec: r~rl corporation at a meeting on the Board of Directors held on t~e ~ day of ~ ~.Jl ~ J-- C(JO" of t;"e resolution adc'Cted by ~\~I~.' (r~7 , 19 <1 cf (SL~ OF rdE CORPO~\TION) LawS of New York, 1963 Cn. 751, Sec. 103-d, as amended difecti.."e Sepce:nber 1) 1965 SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 '" . . . NEW YCRK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: Ce rt i f i es T~ that: BIDDER'S CERTIFICATION (~...J.~ <J- (/Jd-e-r '{ k ~<- , (Bi d r) , J 1. it intends to use the fOllowing the work under the contract 1 ist ed const r)Jct.i on trades i ~ L-~_/ ,{r'............. J r~ ;and, 2. a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it wi 11 comply with the said County area within the scope of covefage of that Plan, those trades being: /~ ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ~ ;and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. Representative of Bidder) ...... SUBDIVISION RECONSTRUCTION / RESTORATION E - 1 . . THE AMERICAN INSTITUTE OF ARCHITECTS I BOND #NEE 023391 BID BOND JOW ^LL MEN BY THESE PRESENTS. .h.. w, Terry Contracting & Materials, Inc. of 840 West Main Street, Riverhead, NY 11901 The ^merj<~n (nu,fule 01 Arch"ech. AlA OocUfT1<'f'\t No. A310 IFebru~ry. 1970 (G".onl Pr.n<;IPdl. hereinafter call~d Ihe Princ,p.ll. .lnd National American Insurance Company, 5550 w. Touhy Avenue, Skokie, IL 60077 Qrpourion duly organiud under Ihe (.IW$ of the $'.Ie of Nebraska Surely, hcrcin"ftct' called the Surely. .Ire held .and f,rmly bound unfO Town of SouthoId, 53095 Main Road, Southold, NY 11971 Obligee: hereinafter called Ihe Obligee. in the ..urn 01 ----5% of the bid amount not to exceed-----________________ ----------------------------------Three thousand and 00/100-w---~~----------------------_ ....c."; Ihe payment of which Sum well and Irvly 10 be m..adc. the uld Pr.nefp..1 .lnd lhe ..,a,d Surely, bind lars, SuCceSSOrs and .assj~ns. ;oinlly ~nd seveully, firmly by ,he\e O"~enl~ 0011", 1$--3,000.00----_, ours~lve~. Ovr heu~. execulor~. ~dtTI'nl~: --{fREAS, the Principal has submitted ~ bid roc Subdivision Reconstruction & Restoration for Shorecrest at Arshamornogue '':'' .~;hRE~ORE, '~ th\O~~oe~ha.tIlCce~r the bid of rhe P'incip.' 'nOlh, P<incip.1 ,h.lI ,n'" in.o . ConI"" with rhe Obligee in "co,d. ~tyw~o the ,e"lnSth,o, SUC, '.' ,Olve h'ucC bond or bonds .IS may be specified in the biddinQ or Conlra" Documents with good and sufficienl rea U pcr Or~nce 0 sue Onlract and for Ihe p,on, r , I bo _, . I'.. . the event of the f.ailur of fh p' . I the p p..ymenr 0 a r ...tV rn"'e(la urnlshed In the prOsecution thereof, or cnce not to exceed theC pen.al~ h'ncl~abe~ cnler ~uc ontraCI a~ 9i~c such ~nd or bond1;. if the Princip.al shall p..y 10 the Oblioee the dil- h . y ereo ween I e ~mounl SPc<:If.cd In ucd bid and such broer amOunt for which the Obligee ma in 900d : 'o~~~r:~ :f~~~t~norh" P'''Y to p,"o,m th, Wo,k cov."d by ..id bid. Ih'n rhi. obl'O"ion ,h.lI b, null .nd void. o.he".i.. 10 ~em'in in fled and $Coiled Ihis 1st day of September 19 94 Contracting & Materials, Inc. (Princ'D411 (Sun (Wil~ul (Tillel I-Cd to febr~ry. 1910 71 (b Printe<d in U.S.A National American Insurance Company L ~At3u t'",u" ~IZ~ Francesca Papa. Attorn~in-Fact "<c._.. NATIONAL AMERICAN INSURAN. COMPANY OMAHA, NEBRASKA POWER OF ATTORNEY ORIGINALS OF TillS POWER OF ATTORNEY ARE PRINTED ON YELLOW SAFETY PAPER WITH BROWN INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOW ALL MEN BY THESE PRESENTS: Thai the National American Insurance Company. a corporation duly organized under the laws of the State of Nebraska. having its principal oflicl' in the city of Chandler, Oklahoma, pursuant to the following resolution, adopted hy the Board of Directors of the said Company on the 8th day of lHly, 1987. to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver' a Power of Attorney constituting as Attorney-in-Fael. such persons, firms, or corporations as may be selected from time to time. Resolved that nothing in this Power of Attorney shall be construed as a grant of authority 10 the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of National American Insurance Company Be It Further Resolved, that the signature of any officer and the Seal of the Company may bc affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which it is attached. " National American Insurance Company' dOl'S hereby make, constitute and appoint BOND NUMBER NBE . 023391 PRINCIPAL: NAME, ADDRESS CITY. STATE, ZIP Terry Contracting & Materials, Inc. 840 West Main Street Riverhead, NY 11901 EFFECTIVE DATE September 1, 1994 CONTRACT AMOUNT $ ---60,000.00--- . BOND AMOUNT $ ---3,000.00--- Francesca Papa its true and lawful anorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, 10 sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. And to bind National American Insurance Company thereby as fully and to the same extent as if such bonds and documents relating to such bonds were signed by the duly authorized officer of the National American Insurance Company, and alllhe acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS \\1fEREOF, the National American Insurance Company has caused these presents to be signed b:y an)' officer of the Company and its Corporate Seal to be hereto affixed. STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) On this 8th day of July, A.D. 1987, before me personally came W. Brent LaGere, to me known, who being by me dul,y sworn, did depose and say; that he resides in the County of Lincoln, State of Oklahoma; that he is the Chairman and Chief Executive Officer of the National American Insurance Compan}', the corporation described in and which executed the above instrument; that he knows the seal of said corporation: that the seal affixed to the 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 b)' like order. SS, STATE OF OKLAHOMA ) COUNTY OF LINCOLN ) SS, NATIONAL AMERICAN INSURANCE COMPANY IV ~h'Z- ~ W. Brent LaGere, Chairman & Chief Executive Officer & '-m~ Notary Public My Commission Expires August 30, 1995 I, the undersigned, Assistant Secretary of the National American Insurance Company, A Nebraska Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of Chandler. Dated the 1st- day of September, 19 94 ~i<<J/ /~~ Winifred E. Mendenhall, Assb1ant Secretary Coun ty of C ~ E '" ~ "i o c .>< :J. . } ~. . State of On this day of , 19_. before me personally carne to me known, and known to me to be the individual described in and who executed the foregoing instrument,and acknowledged tome that he executed the same. My commiss;ion expires Notary Public State of --------------------------------------------------------------------- County of }~. c ~ E '" ." ~ j o c ~ to be a member of the firm of <t described in and who executed the foregoing instrument. and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. On this day of , 19_. before me personally came to me known and known to me My commission expires Notary Public State of ---------------------------------------------------------.------------ County of l~. On this day of . 19__ before me personally came c ~ E '" u ~ ~ who being by me duly sworn, did depose and say that he is the , to me known. _ of 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. MV commission expires -------------------------------------------------~~~!~~~------------- State ocNr't "- ') "10<< L. } ... County of N Q0~l\ l.~ On this ~'~\ 3 day of ,~--\"Jpn...h?r . 19M. before me personally came Y€ {, 1\~, (1 a {:. \0-. :" ~ '"_. ~". ~'"" '" m. '"'''~''. '" '"_ _ ""~" he is an attorney-in-fact of' , Q/LL..c.D..-t t . .t-\..U C1SYL-I~a.f1.L.j the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the ;;;;J affixed to the within instrument is such corporate seal. and that he 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 expire5 CATHERINE MOORE NallUIYPUIIl.IC.- of__ No. 30-4754233 ~.."'WIl Ge"i1 ,.., 11:>.~L .I1nIrMAua.31. ~ r!-a-d~A.-L--,"...e--- h~ ", If' , . ',: "",.'1: ", ".', , .r, .::f~ r :~. >.".' ....~ . . :::QJ!.umnu fiRE ~kD CASUALTY COHPAII(S " A1SOCfATIOI (01110. .. ror. 2 leU: II Uw: (11.1 ., nCI".ul IIct.Ilqtl .. Ilkr tna tf f_n .1.. 1feC1.1lell...hqr. tk ".Ill(f' IlcI.I .. nfftt<<cs f. 0.11 ..... If.. .....Ul..' ~. wll M CIU&n.e( II ..,1, h IIICII ICI:Il'"r. II US'KI ,_ (llt'l'n.pIIAI'" "tI _ Id.....:I.. a tk OCUli IIJ ,~".. c:::; ~~~:::::::::::::::::::::::::J SS ItllI'" TNckr lalllllqSlkt .................-..................---............. Prtsi4nt et ltot 1111"11 .....IUll '1:Wn:1 (aMIJ _ . klllQ ~r "..." uea <<tnu nt vn tNt UfT ,.. tll! Dnf ~uan" dUces If t!lr uit mlll'lt N D..I.t III I~ tlirty-Unt ~ .f OtceIOtl' 1St. III " a.: h:f,. "flUl"" lUlU W' 1M r.>>iwll Ifl9tttf If OW: "It l:s~nr .tru PI clt... it.. q lhllS It clllU tlIu_. flCClI IS hrtl. ItIU' .. l1li1 an ....,,, ttlltMM1 tlI9cu.er Yilt rrlUte UII_US. saltZln lie U'ICIIll=- \lWeI. ''''IU.C .:2llrtn<< rlltrr" l. u. I f,1 I'll tr. tUW.1U If ,II lilt "UII - 1I.llItU" .. If tile (aut.. MIl ,ff,il1 ,I '" UII icwrrr f1 If Ct uun,-fa"1 .". Ii CrUc:ft Uti ItIG cl Hs llle;., IlIC c~tl_ tt.trrfnl fer ~ ,e.. tftCkl .. IIIIt tilt tllll..... MCI <",leii'll II K(C(l'wc VI~ tflt die .."Qt, sUt_t testn(lI," 1M acc..l.. ...rcmn _'Pl'ecce.rcs __h 11("1 U lilt UIUI ItIt: flhulI lc~ In 41t1ff; , I IlIt sUte rein., tf!l:llltlw n.nrc CllfutllCU Ie: rt)Clflllll; r.ct rrl~H hU~ IW"ltlltU ..., ~IUUU. 1:C:1'''tI;Il. t.."1t ont If eur IlIhruuca. UllVIrc;t: ~':..::.::.~~.~.=.... ~h.~ .:~.!..iiZW.......................... CilIlUIs....."hr..lfflJ.z! TnW.') m II Ill: (l I stitt Ule ...... "It' HI) 4ctt flle4 llill AlIOlr 1f"96 ulldlt~ Ho~'bfna "'In A(lllllnist~Hl~: ",il ':'(ldrns Fric,ry location of SO~kS ,na M~corels ~nftu..1 St~lemeftt COfttollC\ ~erson .nd rhone HWIltler !mmm~~OOmmllmmlmllmn M'1I.'UAL STA TEME:>IT ror the fur [ncled Dect_tler 31. 1993 or THE eONCITION AND ArrAIRS or TH( National American Insurance Company HAIC Grou~ Code 000 HAle ~~o,nr C~Ge 22663 [_ploycr'S 10 HVD~cr 41.0241JOO Orvulled uncler the l,ws of lhe Stue ::f .Uruu . vsin~ ...de to Ihe 'MSUtlNC( O(FA~;H('T or rH[ STAT[ or PURSUAll TO THE lAWS tHEREOf Incorpouted AprIl 11. 1919 Co_e:nct-d eVllnUS Oc~obcr 23. 1919 8990 Wut Oodqc ROld. Svite 206. Omlll,. recrut.. 68114 .s the Port of [ntry. 1008 M..nvel Avenue Ch.ndler. Okl~ho~ 1<<834 40S.2Sih:E04 lQOB H~nvel Avenue. Ct..ndler. C11.AOm,l 7.t6J4 100B H'nvel ~vcnue Ch..ndler. Otl"Ao~ iA8J4 405-250-080<1 H..rt T.rlor P'clen -<05.258.422B OffiCERS Chainrt..n i!nel Chief !~<<ut1ve Officer President VfCE President. CfO, Treut;:,er Secreury ~ssist'nt Trei!svrtr/~SS;Stlr.t !ecret!:'Y ~ssist"nt Secret try ili 11~.u: !rent Li!Gl!!re Ber.'~ln ThtCier wtllinastict Hert 7l!ylor '?!C1en . Davle Glenn ~c~!ne Ioiin;fred Ett.t-I ~e~~enn,ll Retert '? i!t~;.fk.' G i ;C'"oQre VICE PRESIDE:\'TS E~ecu~1ve Vice ;:~e5Ident SrenCi! =ennet~ ri!lr Senlor \'ice Pres~:=ent J&llleS ~cilih Ioi.tson RtC~'rd It-e ~v'n5 l..r~v Bruce ~~~tllon J!C'"~! !cw..rc CryseJ QUi!ne Laverr.e little DIRECTORS OR TRUSTEES wtlli~ orent L!Gere :\obert ;'::en ~=usc..l'I Michlel ;Os eon ~~q.n JMneS "!lrtyn ':"C~by Hart .i!ylor '..ot-n WOlf. Ttmothy .tuny"n !enj&mln ThaCker ....H.in~st~ck 11IiftHHbdltacttW"..n B.I.-t hylorh<<ll .___h_.............j;;;;.-;;........._._.............. .............-....................-....---......-...... "ujlt~1 ~;t1U11' ~ _SWIll wl.-.. Ills tl4cytt"frllnrt. .' ... =<rau-nk.:J:aiv ~..~ .. ,... .:. . .. .'._.. r..~~.J cmc:.:.t.~4J. '-Oi;?.AiNE S. lOY !.;.:~~. "".lbhc o;.;.;.~.a '-'=0 C=ly ""c-...--~":7'" roul2 .' 1 ANNUAL STATEHENT fOR THE YEAR 1993 Of THE National J.m!rican (nsurance C~any ASSETS 11l.lllty 1<< .utl ItllllOftrs "'Itt Ptt tfltltll$1 ..m.................. on I. IIIIIls (1m 1 2. SIKh: 2.1 'rd,"" Itlcts ......................................... .......... .... tl C... stds .......................................................... ... l.l<<t~IWllSlllrulest.t. ........................................................................................... '.lultSt.t.: U "'.,mIlS .c'WI" by tI.. (~(lns S I rfl(rD'tII(HI .................................................. '.: tUltr ,u(IIrrUIS n.u 1 I tflCO'lir,"uSI ............. .................. ................................. 5. <elld.nll...................................................................................... ............................... '.1 (ut. tIlt.lllll atllltll "IIO\It ............................... ................... ..... ............ ............. ................. '.IShort.ttfIUlWul.tlIlS .......................... I. ttlltf Il..Ul.duulS.......................... a. /.q1"!"".,lI.wit"'Il\'er Ift.utlll lUlU ............................ .. ... ... ........................ ....-. ................... iI. i&tItIUh.ClsI!wllloltStt..mtlllllltSlt,al.. ... ........................ t. &qClln' ~liIl(n << wllltctnl prtnlll'1: '.1 Ittll"""..-I _U' wlKn i_ (IU'"W ef Ulltctilll ..........................................................-.............. U Ittllln. iqeIlIs' "'aocn _ IIISUltltllts _t4 hit wftrrf( lilt .t Jlt ... .......h............ U k<nd ntrNf<tht prul.." .................... II. rflllOllilh! by<< 4epnlld wiU nlll\Ul'flI tto;.IJIIIS ...... ....... ,,'m',,' ................. .. ......... ... .. m' .......... 11. lilh r<<''''''t. tad for prt&I!IrS .................................. ..................... ....... ...... ........ ............... II. ltt4W'lIC' rl<<l","~hs OII'."S _Iou "jastat'llt.1JflIS( 54\"tflU ................................ .......... ................... Il. fHet1l11lC1q tll t<<..trllll. ...................................... .....h..................... ................ ................ i.. [ltttr:.n.c"t."..cnsuW;~ipatllt .......................................................... ................ ................... IS. lotnKt. fjOl4tlldt. _ rul tShl. I............ I(ctvtd ....................... ......................,.................,.......... 1'. IIClt.el. fr.. ,...tIIt. SIlIIS'i'ittin otlI:! afhli.IU ................................................................................. 11. [""flin IlId ~lts lI.,ooh _ ,uOC:i.tiOll1. .................................. ...................... .. ....... ................ I!. b_U rKtl.4lIlt nl.t1lWi1 tl "'Ifl.lI'"K KCIl!eftt lrICl '-lilt. ~lolllS ....... ...... 2'. ~r;':1 witHas fer .t!lel' U\iIo illOnttc! nuts ..................... ..... /1. tRU:.5i;.lllIli ..tlr*"'I1I................................... Q(i11lS If \llIrt.11S ~u.m it UII( I Hr I~S1U 1S5m 111 Il1 k<tollft lI. 1m IKltkr 1I. 1f12 16..QI.IU at.KU~\ , , I , , I l.$l.m l.151.SCJ , , , , ULl.m l.~U~; a.l~lal 1.X!.m I : , , III.U~.m ~U1U(1 l.1!.6.111 I.lU.165 16..QI.lU ".iR~:I I.m.~ I.m,1~ 1.IOUIlS l;t.l,.!.1 , : l.i61.nI i!l1.4l1 I I m.~1 !.CUll UU.U2 U~;.Ji2 1ll.SM l.!l.Ql I I I , U~J.23S (.m.m IlUU.165 I1U~.I~ 1 1&11.................................................................................................................................... 11M2. ...................................................................................................................... tatl ....................................................................................................................... eM. ......... .... .... ............................... .... ............ ........ ........ .... h............ n............... VJS. ................................................................................................................... .. ............. ~~: ~:;rl::A:ltr=.::s':~I:,:lf:~~-:f::'= .::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::1 UOIltS f" IIllt.11S IQlWO AI 1I1l11 rII ,no tlAlllm:sm 1Ssm 1m. k6ucti~lfrtc1.ttjtS rKtbtlll.. UC\ll'"tc!byCilUfttrqsItS lllles 2GIl. J[tsc.ll~ ucti,"I~ . ucor~ ............___.... lUl. l\lwwtlztd urtHlUttS.r ctlltribaU8fl tn. ~.nty mocillilM .......h....................................... lilt. eo.,uur Slftwr. ............................................. ..................................................... lidS. ....................................................................... ............................................................ 211&.. s.....,.f tMlI_iIIa tritt.llIS 1.1If1t 21 fr. ~f1"" foiIQt ..................n.................................................. . . ANNUAL STATEHEHT fOR T1i( YEAR 1993 Of THE 'lct'ional :....:erican Insurance CQltt>any LIABILITIES, SURPLUS A:'\D OTHER FUNDS 1II I III I k<rQti' JI. l!fl ~U~ n. :", ~,("rt ]A., "1_ S. ltat J21 _......................................................... ,......, PfY.t1c. ,'iff Itss n I.u ~lftl'ff11 e~ lk~lf r. h<ll. ;:';.....11 ".. ]l.lIs.au H'jllitltllt uJlttll,n (.....I.lA, (.I....'.U., ill .h..... 'fI9flll C...i'lUOM IlId .(~ UtU. CNrqrs .................................. . ttptt5U CIKludillll UIU, IlcttSts ~ 1m! ........_........._........................... \. IIctllWs MId frn f,l(II;III"1II: 'fOrnl ffI4 ,.,Ip IIl(ICt IIlnl ............. r.l _ f<<f19l11I1u~ 'un fhcltlllifllj ddrrtH l'lul ....................hm........... II'WlI tOI\tf ................................................................ 'rst. Uoclutlllg S I .. Mrr~.~ ...h..................................... .""prtrl"''1''f(11'.llntJC.C.,_5.lldlt!ik4<<li....(ra<<rr'~lII(f''"~t'llHr.I.....!:.t ~ <<el," ~ -"",: ihCla.olftn ............................ ::.:"7.6111 )GIi~IWS ............................ ~ llif., ty (..~ \Ildff r~iMUl'~~ trUtln fs.:~cktl, i. ;"1 1. Ctl.... 1(1 ~ts.IItIIlf.41f( ret(lllf(ty (gap.., f"lCe_l.f .I......S ................... 'SI" 'If( rtill$UrWe (Sdrdule r. hrt 11 ..................................................... u.fsU1111Il'l'nStrm.ftI'stltfO'fftcnsenn. !'4.,rle'I.Ctrr..,tlf(iC1I...................................................... IodjllSt_ts l~ ,ueh N liltlilitics liOl! II f~~,9' t1(~ r'les IS..tsllloli-a................................................................ ~h l~ ,.....t, SlmSI4irics Illlf .Hili.ln ...........................h........ ............... ........................... ol~ flf( St!JIrIIICS .............u................................. Hllr'lI" if.unts 1li!14 Y\dcr lIII;nWf( 1((ld~nt .-II "ua~ ,lIltS ...... ~l~ vlt~.illS ,.,. llcilHltt ............................................. ..................-.-...................-.......... ~ul l....ilitics <<llCs I Un. 111 ...................................m... ~.:t'ntl.ifl\f..lfC(li'SIl:l'''''IIl'I:l' ............... lIlI u~llul 511Cl ................................................................ !n'"U(l;ltd stoel..................................................... tll.t, VUHIti'Ot: .tllrr tt..IIl ,pcci(/ MrJIIII f~ ............................... I p..4 i. 11\II cMtrlllll'tc4 SIr,los .............................................. liqlf1jf~lsurplnl................................................................... trU1ITytlKl. .1 cost: U, .......1 I NC1 c",.. f.(l. i..:ludt4 i-.Uae Zlt$ II.......... II........ 'st..l:a ,.rfrrrc4h.lwiacllldc41IUIlf1ll$ Il't " r~,.ts ,.hcp.14cn 11I1tS l2 "'". 2'1. leu 24(1". '. lh~ m ... lTl.:.S "'9~ 2. lhw 211 ......................................................... '1.2~211 U."'!.3eJ IY.ll\ 1t.K2./S 1.111.U1 ".". U'I 'I n.m.,.:1 1 ,I 'I ~.'~i 'I !.Q1.~ i ,I ,/ ~~": I , 'I 1.2",.2121 U.!i1.;l1j II , 'm.tu j . i II ,i I 2VIt.1U I UU.llll I oi i 'I l!.tu..u.l lJuu.ml '.r.a.w 12.lIU6; sun lI.m.'J2 ....3.1 2;I.3U l.~!i.!U l.m.Ul !UiUSI (I~UU ~.m.f1C ~.!i~.~ j.(.1I~.W. .......................1 12U!lt.u: '1IlI1HIS'-'C:l(UIU.ltlJElCnIIIWllUllES rUCs fro. ~llcytlll4cr1 WCllrUq f'l.-e "ftl. JIPtlIIS I.C!ltr .oIiCJIU"" ................... It",'f If ..Uretale c'*4 tfllS.-(llCI klMen .............................................. ....................................... .............................................................................................................. ............u......................... ..............................................................................h.........h...............h.................. ;;;y.;(.r;u;~~.;;jit:;M.i;;.li;.li'ir;,;.;;;rii;;.;q.::::::::::::::::::.::::::::::::::::... 'CTAlS Ki~ 1Iftl!lrl iUS ,IllS 2m1 ". J. lllC 211 ................................... t.lIt,ul UI.1a4 I :1 " '1 UM.m ~ 1.351.123 , , , , . J.j5Ull IIIm.11S ~UTG "Ol! n fIR ?EClli. SIlaPlVS FIlms ................................................................... .....h..............................h........................................ .............................................................h....................... .................h........................................................................... .;;y.;(';tU;;;~.;;;it:;ai.i;;.ii;.;.n.ir;;.;;r;ii;;.;;.;;.:::::::::::::::::::::.......... llUlS '1I~ ull 1111'"1211':: ,111$ mal "q ll_ 121 .................. " :1 " 'I :1 '..... ,.. .......~.,,~ .. ...... ... ._ w,,__ ...._ _d... . . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we IH~re insert full n.me .nd .ddress or leg.i tille of Contr.ctor) as Principal, hereinafter called the Principal, and (Here insert full n.me .nd ii1ddress or leg.1 litle of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto {Here insert full nilme and .JIddren or legal tille of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), 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 {Here insert full name, address and descriplion of proJect} 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 ~ent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) f (Title) (Principal) (Seal) (Witne5s) f (Title) (5Ufety) (Seal) ""'" AlA DOCUMENT A310 . BID BOND. AlA ~. FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE.. N.W., WASHINGTON, D. C. 20006 1 WAR~ING: Un!Jcensed photocopytng violates US. copyright laws and I. subject to l'!gal prosecution. " . . OFFER OF SURETY (To be Completed by Each Bidder) In the event the' above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the fOllowing surety: ~~ COMPANY Signed CERTIFICATE OF SURETY to agent or attorney of the authorized official, In the event that the abo Proposal is accepted and the contract for the work is awarded 0 said (Bidders Name) will execute the the Surety Bonds provided. Signed: Authorized Official, Agent, of Attorney L Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID HAY BE REJECTED. SUBDIVISION RECONSTRUCTION / RESTORATION F - 1 ....... . . SUPPLEMENTARY GENERAL CONDITIONS The fOllowing supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I .A. Document A 201-1987 Edition. Where any Article of the General Condi tions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, subparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11. 1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION G - 1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor I s Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 $ 1,000,000 Aggregate, Completed Operations. Each Occurrence Products and b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverag. to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability Coverage) : (Hold Harmless f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liabili ty (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 '- " . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 Performance Bond KNOW All MEN BY THESE PRESENTS: that {Here insert full n<lme ~nd ~ddreu or leg,1II lille of (onlraClor) as Principal, hereinafter called Contractor, and, {Here insert full n.llme i1nd addren or legill litle of Surety} as Surety, hereinafter called Surety, are held and firmly bound unto {Here insert lull n.llme and .Jddren or legal title of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here in~ert full n.:lme, address and descriptIon of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by IHere!' insert full name ;l.nd address or legal htle 01 Archilecll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~A DOCUMENT A311 . p[RrOR.\.lA~U BOND AND lABOR AND MATfRIAl PAYMENT BOr\D . AlA @ HBRUARY ,<)~O ED . THE I\MfRrCA_~ JI\05TITUTE OF ARCHIHCTS, 1:'1, ">;Y. AVe N.W., WASHINCTON, D. C 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. . . PERFORMANCE BOND NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform - said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this parJgraphl sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be Instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 ! IPf/IlUfl.//) 15CJIl (W;rnt.~~) rTil!c1 ! rSUf('fj') (5(',111 (Wiln(.......J trillp) '"M.l DOCUMENT "311 . PERfORMANCE BOND AND lABOR AND MATERIAL PAYMENT BONO . AlA @) rERRU^RY lCJ70 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, O. C. 20006 2 WARNING:. Unlicensed photocopying vtolates U.S. copyright 18WB and Is subject to legal prosecutIon. . . THE AMERICAN INSTITUTE OF ARCHITECTS ~ Ii AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHfUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that tHere jruerl lull name .nd addreH or leg,1i litle 01 Conlractor) as Principal, hereinafter called Principal, and, (Here insert full name and .1dd,ess or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal tule of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a Sum equal 10 at fust one.half of the CQntu.Ct price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, Successors and assigns, jointly and severally, firmly by these presents. ), administrators, WHEREAS, Principal has by written agreement dated (Here insert full name, address and description of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insert lull name and address or leg.!1 title of Archileen which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~IA DOCUMENT A]l1 . PERFORMANCE BONO AND lABOR AND MATERIAL PAYMENT BOND . AlA @) tEBRUARY 1970 EO.. THE AMERICAN INSTITUTE OF .'\RCHITECTS. 1735 N.Y. AVE., N.W.. WASHINGTON, D. C. 20006 3 WARNING: Unlicensed photocopying vlalates U.S. capyrlght laws and Is sublect ta legal prosacutlan. , . . LABOR AND MATERIAL PAYMENT BOND NOW, THEREfORE. THE CONDITION OF THIS OBllGATlON is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shedl be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas. power, light. heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days aher the date on which the last of such claimanrs work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit to (inal judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit Or action shall be commenced hereunder by any claimant: a) Unless clJimant, other thJn one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or lahar, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which PrinCIpal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the srate in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit. uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 I (Principal) (SE'ah (Wilnt'H) (Tilld f (Su(('IyJ (5(',)1) rWllm'\\) , fTillp) ~ DOCUMENT A]11 . P[RfORMANCE BONO AND lABOR AND MATUIAL PAYMENT BOND. AI^ @ HBRUARY1970 ED,. THE AMERICAN INSTITUTE Of ARCHITECTS,17l,) N,Y. AVE., N.W., WASHINCTON, D. C. :.WOO(. WARNING: Unlicensed photocopying violates US. copyright laws and Is subject to legal prosecution. 4 . . GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, jUdgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: and any admittance or supplements thereto. , 19 IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of , 19 ___' Attest: Principal: SUBDIVISION RECONSTRUCTION / RESTORATION H - 1 ~ . , . . PREVAILING WAGE RATES NOTE: ~ ATTACHMENT WAGE DETERMINATION for SUBDIVISION RECONSTRUCTION / RESTORATION at SHORECREST at ARSHAMOMOQUE COUNTY ROAD 48 SOUTHOLD, NEW YORK 11971 NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. SUBDIVISION RECONSTRUCTION / RESTORATION J - 1 . . S EG,ION I< CCM?L1ANC:: WITH T:-:E L';~Of: L';W AND OTHE" "DEPARTMENT Or L.;3CR R::GiJL';TICNS A. S7~7: 7:=GUL..A.TIC~S 1 ~ The C=ntrcc~cr sholl c~mFly wi~h the c~plic=blc pr::visicr.s of the "Lc=::r Lc.....1"I os emended, of the Stote of New York. Tr,is C:lntrcct sheJI be void l.:nle~s cppliccole sections of s.cia leber Low ere ccmplied with. 2. Ecch end every provision of low end cleuse required by lew to be pert of this Contrcct shell be deemed to be inc!uced herein ond this C~ntroc~ shell be re-::::: end enforced os though it were included he:-ein, ene, jfthrougn'mere mistck~ cr otherwise cny sue;' provision is not included, then u:=cn the cpplicoricn of either perty here~o, the Ccr:tr:::c~ sl-:cll forthwith be pnysic::l1y cme!"':ceo to r.:cx: such inclusion. Speciric::lly, Section 220-e, of the lecor Low, os so c:nc~ded, prcnici~s in c:m~rccts, discriminaticn en cccount of roc~, creee, co.ler, or national orig:n in err:ploymen~ of citi=e:1s upon Fublic works. There mey be ceduc!ed from the ameunt pcyable ~o the Contr;:c~or by the O.......:"le:- under this C::ntrod 0 pe"elty of five (55.00) dollers for e<:ch perscn for e"c~ I . , I. , ." d' .". ~, '. '" . , c= enecr c:::;y curing WnlCi' Sue:": peT-en wcs ISc.lrnlnc.ec -=s::mSi or 1n~lmlc=~ec in violction of Se::~icn 220-e.; provided, ~hct fer 0 sec::nc or cny subsec:.;ei:~ . I' . h . . .. , . t~' Ct., 'I ' VIO chen Ci ~ e provlslons.or SCIO pcrcsrc?n, IdS on rcc. mey oe c::nce: e::: or ~ermincted by the Owner cr.ci ell moni es cue or to bec::.:-:-:e cue here-..:ncer ",mey be for: e i ted. B. FED E?..A L R EGU L.; nON 5 1. CERTIFICATION OF NONSEGREGATED FACILITIES By ~he submi~sion of this bid, the bidder, cficror, cF~lic::nt, or subc:::ntrcc~:::r certifies that he accs not maintain or provide for his empl.::yee~ cny ses:-esc~ed fac;li~ies ot any of his es~abljs;'r.1cnts, oncLthct he docs not pe:-mit his em~!cye=: to perform their services at any loc::::ticn, under his control, where se:;rcg::~ed facililies ore main~oined. He certifies further that he will not mcin!cin Of'" provide for his employees on scsreS-:Jted fccilaies of eny of his estebli::.hme:1/s, and thel he will ner pc:-mit his employees to perform their services et C:-lY loc::~ion, under this c::ntrol, where sesrcsctcd Fecilities cre moin~cined4 The bidder, offeror, cpplic::nt, or subccntrcctor cc:re~~ that 0 bre~ch of thls cc:-~irjc::ticn is 0 violctien of the E:;ucl C~pcdunity clcuse in this c:::r.lrcc~_ A ,.~! . I'" t' .' I" 'f '1"' II $ u::.cc In 10'115 eer JI1C= ion, ,nc errn se:;rcsctec eel Itles me<::ns C:'1y . ~ . l ~ ,I , I waIling rccm~, wcp<; cree::., res. roems cnc wc~n roems, re~lcurcn/~ ene ::Ihe:- , . I I I ' , h eatIng crec~, lIme C OC:<S, OCKer rcemS cna ot er storage cr cres::..ing crees, SUBDIVISION RECONSTRUCTION / RESTORATION ~ K - 1 . . . " , time clocks, JocKer. ro:;r"s ene otnr.:r stor~cc or are~~Ir.c= cre,=~, Fc~!<.rns Icr~, drinkinc rcuntcin~, re-::-e-=ticn or c:-ltcrtci~rnent cre-:::s, trcr.:;~cdC~;O:i, c:"'ld hcusinc:-rccijirie~ cr::vided far emplcy.e~s wr,ic;, ere $CS:-~S'=tec by eXFlicit directi've or ore in' feet segre;cted on the basis of rcc~, c:e-eci, coler I or nationcl cricin, bec-:::'..!se or hc::it, lo~::1 c:.;slcm, or cthc:'''I,.,isc. He fur:~e:" ~ ( . h h . , .., t' I I"" ," r CGrees t..ct ex::e?t wne:-e e os cotClnec IC~:'"I IC: C~:".I;IC=.ICr.S .rem . , . ,... ". 1 ' "II' ' '. '_1 Fr::ccsec su::c::r:t:"c::~~r;; ror speO::lrlc ~lfile pe:-Icc:;, ne WI =c~c:n Icc:-,IIC_, ...s ' '.t.,., .. . ce:-~jfic=!ic:":s fr::m pr::?cse... suc::c:ntrcct:r:; prIor to ,,,c C......crc or suoc::;;troc~s exc~ecinc SIC/GCe wr.ic~ ere n:::lt exem!=t from the pr:::visiCr1!o of rhe E~:.;cl Oppcrtunity clause; ~hc~ he will retain ~uch ccrtific=~ions in his rite~; c'~d tnet he will forwerd the following net ice to such Frc~o~ed suocontractors (except wnere the proposed subcontrcctors hove sui:mit~ud ic'C:1ticci c;er~ific=tions for specific time periods): 2. NOTICE TO PRCS?"CTlVE SU6CCN7KACTORS OF RE'::)UIREV.E~T FCR C:.~llrjCATiCNS OF NCN SEGKEG':'.TED r.~C1Llii:S A cedificcricn of Non.sesresctec rcciliries must be subl.li~~ed ;:r:or t'O the e"""'Crd of 0 suoccntrccr exc2eding S 10,OCO which is not exempt from the provisions of the E:;uol Oppcrtunay clcuse. The ccrtific:::ticn IT.CY be submitted ei~her for each subcontrcct or fer orr subcc:;trccts during 0 period (i.e., quarterly} semianr:ually} or cnnually). NOTE: The Fcnclty fer mcking felse steteme!1ts in off CiS is Fresc~loec in 18 U. S . C. 1001. "Curing the perfc:"~ance of ~his .c:::r:trcd, tOne -:c7Jrcctcr esrees as fc[lo'Ns: (1) Toe centrector will not disc:-iminete cscins.t cny e:T.?l:::yee or ccciic:::r.~ fer employment be~cuse or rcc'!;:} creed} c:dor, or notienal origin. Ine ccntrect:::r will teke affirmative oction to ensure thet CFpricants are employed, end thct employees ore treated d~ring employment, withcut reS::rd to their rcc=, -creed, cofor, or nctianc! origin. Sue!' action shall incIuce, but not be limited to, the following: employment, upgrading, demoticn or trcnsfCi; re:::-uitment or recitJitment advertising; fcyoH or termination; retes of Fey or othe:- forms or ccmper.~cticn; and selection for training, includins c;=prcnticesnio. The. ccntrec~cr asrees to pest in conspic:.Jcus pIeces, cvailable to empicyees end opplic:::nts for em?loymcnt, notices to be ~r::Jvided b)' th~. c~nt.cctjns cfijc~:"' setting forth the provi~ions of this nondiscrimination clcuse. (2) The ccntr::c~or will, in all solicitations or advertis.ements for er:1ployecs placed by or on benclf of the c=ntrcctcr, s.:cte that ell qualiFied acolicants will rc:::eive c~r1sidcr=tjon r~r e--lovme:1t withcut re~=rd ~o rec" 'c"e-oJ .... ''';-- J - -} , ---, cofer, or ncricr.c:! origin. (:) Tne c=~t.:::;::tor will se:lC to eac:, le::cr ur:icn or r~:=r~:'C:'1tc~ivC' cr wcrke:-:: with wnic:, ne hes C c:Jilcctivc ::crc:::ining cgreement or other c:::ntrcc: or undcrstcndin.s, c notice to be provided by the CgCilCY contracting ofiicer odvi~ing the Icoer union or workers' repre5cntctive of the c::ntrcctor's ' commitment' under Section 202 or bcoutive Order No. 11245 or September 24, 1965, ond ,holl po,t cop;c' or the notice in cO:1'picuous ploces ovoiloble 10 employe., end oppliconts for employment. ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 2 ('" -) (6) (7) 3. . . (4) . C' N 11~" The contrcc:tcr wil! c:::mply wiT:' ell pr:::VI~lcns or Exc~'J~lve ~cc:-. o. .::......'; f S '2' 19' or the rulc~, ene re--__:..dchc:-;,S, cne relevant oree:",,: o e:=tc~ce:".,., 6':, cne of the Se,,,etery of Lebor. . ".. .. Tne c::ntrcc~cr will fUr:1isn ell ini'crr.-:c~ic:1 c:-:c repci~: re::::.nreo:: :;'1 c.."'(e-:::..:rl"'~ Oree:- No 112.i6 of Secte:-ncer 24,1965, ene by the rule~1 re;ulcticns, cne oreers of the Se::::-etcry ~r leco:-, or pur;;ucnt tne:-etoJ' end will permi~ cc==-:: t::: '- ' . , h" ' his becks, records, cne cCC::ll..:nts _y the c:::n~rCC~I:1g c;ency cne t e: -,e:::;"erc~'" of L=ocr for pur?cses o"f investi!;;cticn to cscc:-tcin c':::ri1plicnce with sue;' l'"'...Jle:, resu ,C;;ti ens I end orders. (n the event of the controctor's noncomplionce with the ncncisc:-lmlncdcn" clauses of this contrcc~ or with any of such rules, re;ulc~icns, or orde:-s, -this contract mey be canceled, termincted, or suspe:1eed in whole or in pert end the c:::ntrcdor mcy be cedcred ineliSibfe fer fur~her GaYer.~i.1e:"'1t c:::ntrcc~s in ccc::::rccnce with procedures out!-'ori=ed in Exec:Jtive Oreer No~ 11245 of September 24, 1965, end such other sanctions may be imposed end re;.'ledies invoked Os provided in Exec:.rtive Oreer No. 112.M of Se:;te:":":oer 24, 1965, or by rule, resulcticn, or oreer of the Sec:"ctcry ~f Lecor, or os otherwise provided by lew. The eontrec;or will include ~he provIsIons of Peresrephs (1) throush (7) in every subcontract or purchcse oreer unless exe:npt.ed by rules, resulct.icns, or oree:-:; or the Secretery or leber issued pursuant to Sec~ien 2C4 or . Exec:.;tive Order No. 11246 of September 24, 1965, so that suc:, j:lrovisicns wii.! be binding upon ecch subc:::ntrcctcr or vend:::r. The c:::ntrcc~or will toke suc:, cc:icn with resFect tCi..cny subcontrcct or purc:'cse oreer cs the c:::ntrcc~ing agency mcy direct cs 0 mecns of enforcing suc:, provi:.ions, including ~ncHons for ncnc:lmplicnce: Provided, however, thot in the event the c:ln~rccfor beccmes involved in, Or is threatened with, litisction with 0 subcontrcctor Or vendor cs 0 resvft of such diredion by ~he c:lntrcc~jno agency, the c:::ntrcctor mey re'iue~tthe United Stctes to e:-lrcr into such - li~igctien to pro~ost ~he interes~s of the United States." FEDE~l PROCURE/v\NT REGUL.;T1Ct--JS EQUAL OPPOR rUN I,Y IN EMPlOYMEt--JT 1-12.805--4 Reocrts end O~her Reeuired Iniormction (0) Reguire:":1er.ts fer prime contractors ene subcontrcctcn. ~ (1) E::c:, cscncy snell require e'Qch primc con'rac~=r end eoc!' :::rime contractor end subconlrcc~cr :;:'011 c::use its :;ubc:::ntroctors to file cnnuclly, en or before }y\crch 3 J, complete ene cc.:::..:rctc rC:::Or7S on Stcndcrd Form lea (.:.:O-J) promufs=ted icintly::,y the Office of rcceraI Con/rec: Complic:nce, the Equal Empleyment Opportunity Ccmmi~~ion, ene PIons For rrosres~, or on such rorm as mey here~:::lfte:' be prcmuls=ted in its pIece, if sucr, Frime confrcc~or or subcontrcctcr (i) is not exempt irom the provisions of this Subpert 1-12.8 in o":ordence with 1-J2.804; (ii) he. 50 or more employees; (iii)-i. a prrme contrcctcr or rir~t-ticr subcontractor; and (iv) hcs a contract, SUBDIVISION RECONSTRUCTION / RESTORATION K - 3 " (4) 1-12.8CS..! . . sub-c:;ntr::c~, or purc!icse creer cmcunting to S.50,OOO or more, or ser....es. C~ c dcr==sjt~:"y of Government funes in cny cmour:t I or is c fincnc:cl ins:;~ut:~il which is en j":iuinc CriC ccvine ::ce~t fer U.5. . .. ... "-- sevins:; b~nd: Ci\C ~.::vins~ note:!.: P~=viced, The: c:,,:y su~c::r,t;-::c:~;" below the fir~t tier w~ic;, pedcr:n: c::nstruc:icn wcr!.<: ct the sife of c:::r.sti1Jcticn sr.cil ::e resuired, to file such c: re::::r~ if it mee~:; t~e re::;uireme:its in subdivisicns (i), (ii), ene (iv) of t!,is pcrcS:-=;::;' (e) (1). (2) Each ;:>ersen re'luired by subperegropn (1) of this peragraph to submit re::orts snell file such c re:::crt with the c:::ntrccting or ocminister- ' , ing cgency within 30 days after the aware to him of 0 c:::ntrcct or subc:::ntrcct, unless .such pel"SOn has submitted suc;, c re?cr~ wjt~jn 12 months pre::ed:ns fhe dc~e of the cwere. Swoseqve:1r re?cr~:; , II' L ",.' II' , "h' , s."o oe .sUC:Till' ec cnnuc y In ac.C::lrccnce WI r su::pc:-:::s:-cpn . ,. , 'h' I h or tnls Fcrcs:rcpn, or ot SUen at. er Intervc S 05 t. e csency or Direc~er mey require. The agency, wi~h the cppr:::vcl of the mey extend the time for filing ony report. (1) tn~ C irecter, (3) The'Director, the agency, or the oppricant, on their O'WT'l motic:-:s, mcy require 0 prime contrcc~or to Kee? employment or other rec::rcs cnd to Furnish in the, form requested, .....ithin re::scnebfe limits, Sue:' in fermet ion os the Director, cgency, or the OFP I j ccnt deems ne::e~xry fer the cemini.strction of the Creer. T;'e feilure to file timely, 'c~mplete, cnd cccurc:e reporf:;, os re- Guired, constirutes nonc:::mp!ionce with the prime c:::mtrcc:cr's or su6c:::ntrcetor's obfigations under the equal Opportunity clouse ond is 0 ground for the imposition by the oseney, the Director, Cn eppric=nt, prime contractor or subcontrcctor, of cny senctions: outhorized by t~e Order end the reguJctions in this subpcr;: Any. such Fcilure sherr be reported in v..-riting to the Director by the CSe:1Ci 9:; Soon C:i prcctic=bfe ofter it occur:.. Re::crt:; end ether Re~ujr~d Infcrr:;c~r::::n b. RC'=1uirements for bidders or prospective contractors. (1) " ~ E:::ch cge:1cy shell re~,uire e'::lch bidder or pr::s=, e::~i',l'e ....,...rime e . . - - :::n. .-=c. or end proposed subc:::ntrcc~or, where appropriate, fa ~tctc in the bid or et the cut;ct of nc;otieficns for the c:::r:troct wncther i~ has pc.:i- . ~ ". . I ; I.; I C:PCICC In anv prevIous C....ntrc.:t or subc=n,r:::c. ~UCle~, to t,1e E-........I Cppcrh..'n;ty ~!cu'Sc; end...... if 'So, whether it hcs fiJc'd with ~he J~;;t Re?cr~ins C.::r.-:rnU~cc, the Dire:::.:r, en cs:cncy.. or f;,c rcr.':"lc:- P,esiCe:1t's C:::mmittce on E~ucl Emplcymc:1t C~por:unity, ell re=cr:~ due unde, Ihe eppiiccole filing re'luirements. The steter:'lent sh~1I be in the form of e representetion by the bidder or offeror slJb- s;entielly es follows: SUBDIVISION RECONSTRUCTION / RESTORATION K - 4 . "T;,c e::c:- (or oiic:-=:-) r~=:"'.::~r.::1r::. ~:lct :''H: . n=~1 ( ) h.::~ . . . . . . ....-. ..... ." :"'--~~r-c~ 'u~i"''''~ to no~, pc:"tl=.:;:::::~e:: In c ?r~vr:::t..:::. c::r:tr....... _. ~i.,)..._..... .... .. .....__ , - Ie" I . . ...' _1.......~ ......j....:n....Il.J ......:'"\- tne t::uc =:::::durutv c.cuse lie:,,':!;:, c. .:"'Ie ...._....._ ..... ~. '-HI .._. . ;. . '. ... I.. _ . . C' " 1.J C"':" :: ... t L.. po ....:..... 's. fctne-:: In se=~lcn .,jCl or ~Xe:='Jtlve rc;~:- 1'00. ___,....r "_ .......... _ c::ntcined in se:=.:icn 2Cl of S<c::.....tiv~ Cr=er Ne. 11114; thct ne (. () '11 . .........- . . -_..: ~~....I ) nc:1' he: n:::~, file= c re~uire~ C:;':~IIC:"\C_ rei'""r,!;, ......... ",,_, . , " .. .' ____..." --a ......_......... re:::re::~:;~:::~iCi:S I:-"ciccrins ::'l..'Cr':iI$$lon or r~=,'..Ilre= _......:-IIC...._ '_.__. ..., . .' . ~u~..--_-..;.r-_-_:.-...~ 'N:.)t =~ ::=~~;~e-= .=ricr ~= :~=- Sl;,:":e-:: :::y ;::;-::::::se:: _ __ _ .. c:::-:r;-:::.::: ::.......cr=::. II (7:-:e c==ve re~:-e~~:"".t.:::~;c;: ~ee::' in ::=nne::~:cn wi::' c::nlrc=~s or su==:::-:.~:-e::~: wr.ic,~ "ci T '_..' ce SU:::-:-:l:7e:: ere ex e;;",::: r r:-=::-:-: , . ) ....... '-".... t.._ :::......_s_. WhC:"l c bidder or oner::r fciis ~o e:-<e::~te the re;::re::.entcricn, ~i-1e or:-:i~sic:; shell be ::::n~ide:"~d c minor inrcr~cji:-y end the bic.:er or .ofre:-::r shell be ?~r:nitted to scti'ify the req~ireme:it Friur to .cwer:_ (2) In cr:y ccse in wnich c bic'ce:- or pr::~~e::~ive prir."le c=r:i:-=c~.:::" ::r prc~::$ed suSccntrc.::or, wnie!i p::::-tic:pcred in c previeus c:::-::,.=,:: or st.:=c:::-:.::-::::t sL.:oject ta Exe=~tjve C-r::::~;s No. l0s=-:25, 111i.i, or 11::"6.. ne:: net fitec c re~ort cue unde:- tne e;:~Ii:::::Sle filing rec;vire~e~rs, n:::: cent:-::c: or subcont:-::::::t shell be cwcrde-=, unless sue:' e::nlrcder submits c rc~ort cevcring: the delinsue:-:t pe:-i:lc or sue;' orne:'" period specified by the csency or the Dire::tcr~ (3) A bicde; or pr:::s?ective prime e::ntr~.::::t:::r or pr=pcsed sube:::ntj==~:::r sncll be req:..:ired to submit such inFcr.ilction as the ose:1cy or the Dire=.~or requests pri~r to the cwere of the c:::ntioct or subc::ntrcc:. Wne~ c cete:":":"linc~jon he' been mcde to cwer::: the con~rc=t cr sr...:b- c:ntrcc: to c specific e::nrrc:c:Oi, sue:': e=ntj=c~cr shell be "re:::;...:irec, prier to c'Nerd, or cfrcr the c......erd, or bcrh, to rur:"'lisn such othei "- ,",' th I" / "D"' , Inl'er:TlC.lcn cs ,:1e cS'e~cy, e e?p IC:::1 , or lne Ire:.cr re:::;:.Jes.s. (c:) U,e:or Repc:rts. Re:Jods filcd ::unucnt to this 1-12.EC5~'shcll be used only in connection . . . with the cdrr:rnistrcticn of the Oreer, the Civil RiS:':s Act of 196..1, Ci in furthercnce:JF tnc pur?cses of ~he Oree:- c:1d ~cid Ac:. (d) Ac::;u;,itic:n c:r Report Fe""L $tC:1ccrc Form 100 is cvcilc::;le in c!1 GSA sup~ly depots. Copies of t~e form mcy be oetcined from GSA thrcur:n the c.:::nfr::c:inc or cdr.1inis~c:";ns -. ~. , . .h r -. ~ [' - cg:c:"1ey. l:1e s.oe!o< nur,:::er rer . .c .orm IS os to JO\V'S; Stc:~c:::,:: F:lr.-:-: N:l. S::::ck ~L.:r.:::~:- Tit Ie leo 7540-s:"2.5 -2049 E:;"c:1 employmc"l c:ppar/unity employer inl.:lrmction report. ~ SUBDIVISION RECONSTRUCTION-;-RESTORATION K - 5 1-12.805.4 ~ . . PRCCURE-'vIENi SiANDARDS A. All Contrccts end Subcrcnt~ for c::ns~ruc~icn cr repair shell . 1 . .. r - '.. .. C ' ." AI . Inc.uce c pr::vl~lcn .cr c:::mp11cnc: wI;n .:1e ::pe!cnc ,......~tl- Kic;< :ccxll Ac:~ (12 U.5 .C. 87-q c-:; SU~pre:-:1e::red in De:=:::i~iT:=;.t of LeSer R.egulcticns (:9 C::R., Pert 3). This Act ?fovices thc:~ eoc:, C=:,,:tjcc~cr cr SUbSi::~t~e !onell be proni=i~e::: frem indue:r.;, by any meO'ns, cr:y per''::::n em:oloyed in the ccr.stiuc:;cn, c:::mpfeticn, cr re?cir or public work, to give up C:1Y pert of the compensction to which he is other'....,ise en~ir!ed. The Gr:::":!e~ shell report all suspected or reparted violctions to the Grcntcr Agency. B. Where eppliccble, ell Contracts ewerded by Grentees end Sub- grcntees in exc~ss or S2,OCO for c:::r.$~ruc:icn c:::ntr:::ch: c:-:c in exce:!:s or $2,500 for ether c::::'-trccts wnjc.~ involve the e~- plcyment of mecnanics or laborers shall incluce c r::r~'.Iisicn for cempiienoe with Sed ions 103 end 107 of the Ce:':t,::::d Work Heu" end Scfery Stend::::rds Ac~ (~O U.S.C. 327-330) os suppleme:"'lted by Depcrtme:"'lt of lebor Resulcticns (29 C?R., Pert 5). Under Sedien 103 of the Ad, eecn Con/redor shell be required to c~mFute the woses of every mechanic end leberer on the basis of c stendcrd work doy of ~ hours ene c stcndard wcrk week of 40 hours.. Work in eXcess of the stcnc::i"= workdcy or workweek is pe:-:':1iHible provided thet- the wcrker is ccmpenset-e:i at 0 rete of not less then 1-1/2 times the bcsic rete of pey fer elf heurs worked in exceu or 8 hours in ony c:::lendcr dey or 40 hours in the work week.. Sect-ion 107 of the Act is opplic::b1e to construction work end provides thct no Icborer or mechanic sheri be required to work in surroundinss or under werking conditions which ore unsanitcry, hc::.:::rc':::lus, or dengereus to his he-::lth end ,cfety el deter",ined under ccnstruction, scfe~y, end health standcrds pr:::::-:ufgcted by the S~c"e/ery or L::::ber. These require"'e~ts do not epply to the purchcses of ~uF,clie:; or mc.~ericrs cr=r~:c!e::. crdincrily cvciicbfe en the open market I er c::n~rcc~s fer ~r:::iispcd=tjcn or ~~:"':Si:jjBjcn of inrellisenc~. c. E:::ch C~ntrcct of en amount in ex~e~s of S~ ,5CO c'NQrded by a Grantee or Subgr::nte~ shall provide thot the recipient will c:::mply with applicable re;uloticns end $~cnc'c:-ds of the CCS~ Livin!J Ccuncil in establisning: w~9c: c.ne prj.::~s. The pr~visicil shell cC'/i~c the rccipic;.t thc~ SUCrTll::'Slcn of c Sid or ofFer or the , . If.. 'f d svcmlttc 0 en InVOIce or vcuc..,er or pro;:e:"~y I gee :;, or sC:"\lic~:: Fur:1ishc-: L;nc~r c c=r.trc::~ or C:=:'"CC:7:e:lt with the Grc:-:tee shell c.::r,,:::itutc C c!!:"tjficcticn by him that Cf':"lounts to be :laid do not exc~~d mcximum cllowable levels cuthori~ed by the C~s.~ of Living Ccuncif rC9ulc~jons or standcrds.. Violations snell be repar~ed to the Grontar AGency end the /oc::1 Infernal Revenue Service fi~lrl ",rfice. SUBDIVI stON RECONSTRUCT I ONUj-RESTORAT I ON K - 6 . . D C '. r , - t . n. _M' 0' ~ 1.-0 C" . :;:ntrCC~$ one .)ucsrc:1t~ Cl C:":1cun ~ If", _.<.__~.. ~........ f ..... 'II . . . .., . , " ~ t $jjC c::ntoln c pr'::VI:'lcr:- WnJCil require:: r.'1e ree:ple:":. :: c;:-ce to e::mply wit~ ell cp;dic==le ::;=jjc:::id~f cree:-s, cr resulctions issued punuc:"It to the C!e::;. ~ir Ac~ or 1970. Vicrc~icr::. shell be re;::::ded ~o ~he Gr:::"".:cr Ase~cy c:-:d ~!ie Re=icl"';ci CFfice .::r the =;;',I::-=:"I~e;.~c1 :=...::re:::ic:-: Age:",,'c:r. E. C:::1tiCC.~:i she!1 c::ntcin sue:': c=nr.'::c~ucl '::fOVISlcns or c::ndirions wnic:, will :::I!cw rer cd.."jr.is~rc:ivef c::r.trcc~uc!, or lese! rei."lcdies in jn~tcnce: wne:-e c::n~rcc~on violete or brecc:, c::ntrccts tCl.':"lS, end ;:rovide Fer sue:' scnc:icns end pencltics os may be appropriate. F. All c:::mtrcc~s, cmounts For which ore in exce:s of $2,5CO, shelf con~cin suitable provjsicn~ for ter;":"lincrion by the' s:-c:1te~ incluc:n~ the :'Tlcnner by whic:, it 'Nill be efr~=:ed end the bc:;is for settler.-:c:1t. In ccc'i:icr., such ccntr~c:: shcll describe conditions unde~ which the c:::ntr.::~~ mcy be ter:ilincted ror default os welf os conditions where: the c:::ntrcct mcy be ~ermjncted be:::::t.:se or ci;=:.Jr.1s:-=:nce:: be'lcnd the c:::ntrof of the contractor. . G. In elf c:::ntr=c~s for c=r.s~ructicn or fcciii:y improverne:1t cwerded in exce::s or SlOO,ceo, grcntees sheIl observe the bcndins requirerne:1ts provide:: in Attcc:,ment B to this Cir~"lcr. H. All c::r:trcc~s Cnd.i::ubsr.::nts in excess of SlO,CGO shell in- clude provisions for c::mplicnce with Executive Oreer No a 1124.6, entitled, "Ec;uc/ Employment Cp~cr:unity,1I os supplemented in Deporlme"t or lobor Regu.lotions (41 Ci'K, Porf 60). Eooh controctor or subgronlee sholl be required to hove en affirmative octien pIcn which deelores thet it Coe: not di:;crimincte on the bcsis or rcce, coler, relit""'ion c...e......: :;;: ,. -'"'I notional origin, sex, and age end wnich sFecifies. cccl: end tc:-;et dctcs to CS::;urc tne impfe:nentcticn of thet pl~n. T:-:e ercntee shell estcblish procedures to CS$ure c::::r:1olio-cQ ...,.tl. -, . . " .. - yv " tnl:; rcqulre~C:1t by c::::nt:-cctcr: or sUOsrc,....dees end to c:;:;ur~ thct suspc=te~ or rc-pcr:ed violctions ere promptfy inve.:tiscte:L SUBDIVISION RECONSTRUCTION / RESTORATION ....... K - 7 ". . . COMPLIANCE WITH ?ROVISIONS OF THE V,30R L~W Pur~ucnt to -Article 8 of the lc::cr L=......, the c::;n~i:::::cfcr'!. c~~C:1rjcn is dircc~e= t::l t!-:e following- rec:;uirements: 1. Se=~icn 220.2 whic!' reqvir~~ c :ttpt..:fc:icn thc~ no tcberer, WCri(:,,:,,:cn or m~:::-:cnic in the e;.-:plc)I or the c::r:lrcc~=i", subc::~rrC'c~::r cr ct1--.c:- ;:~~.:::n d::inS or C:::""::i=:::~- ins: to co the wncle or C Fcrt of the wcr~ c::nte;."lFic~e::: by the c:::nri"=ct sheil Se pe:-ii'lined or re:::;~ired to WOrK mere then eisnt hour:; in eny cr.e c=icr.cc;" coy::.. more then five dcys in cny one weeK ex.:.ept in the c:ilergc:1c:es se~ forth in the lc bcr lcw. 2. Section 220.3 wnic:, rec:~ires a prOVISIon that ecc:, Icbcre:-, work.men or medicnic employed by the c::mtroctor, subcontractor or other pe:>son about or upon such public work, sholl be paid net less ~hcn the prevailing rote of \Noses onci sholl be. provided supplements not re$S then the prevcilin"s supplemen~s as dete:-n-;inec by the fiscal or;icer. 3. Sec~jan 220.3-0 also resuire:s thet the c::::r.troc~cr end evel""Y subc~ntrcctor on public works contrcc~s shell pest in c prornine:"'d' end cccessible plcc= en the site or the work a legible stctei.'lent of all \Nose retes end supplements os specified in the contract to be poid or proviced, C's the c::se may be, for the V'Cricus clcsses of med-:cnic~r workins:nen, or laborers employed en the work. 4. Section 220.3-~ provides thot o~!=rentjces wilt be permitted to work os su~h enly when they ere registered, individually, under a bono fide prOSie:7l res:isteied with the New York Stote De=cr71i1ent of lecor. The eflcwcbJe retia of cccrentices to journeymen in ony croft c'lc~:ijfic=tion_ shell not be g:-c-=te:- then the rc;i~ pe":"':'"iIi~~ed to ~he ccntrccfcr" os to his worK force on eny job uncer the reSis~ered program. Any employee lis~ed on 0 pcyrolf er en epprentice "'-'Cge rc~e, who is not re5is~ercd os obove, shell be paid the wage rete determined by the New York State Depcrtment of labor for the cfcssificctian of work he actuclly performed'.. The contractor or subcontractor will be required to furnish written evidence or the regis~rctjon of his program end epprentices es well es of the C~~icp~;cte rotios end 'NOse rates, for the cre~ of cons~ruc~ion prior to using any Cppre:1tice en the contrect work. 5. Secti'on 220-e which resuires provisions by wnich the c::nr:-cc~cr with the Stc~e or munic;pc1ity csr~~~: (0) Thct in thc hirins of emplcyces for the performcncc of work under this c:::ntracr or any subc~ntrcct hereuncer, no contractor, Suoccntrcctcr, nor any pe!":;cn oding on behelf of such c::nfrccror or subcon~rccrcr, snel/ bv re=scn of rccer c;"eed, color or notionol origin di~crimincte cscinst any citi:=en or ~he Stcte of l'JC'N York who is cucJilied end e,-,-cilcblc to pcrfor.71 rhe wcrk to which fhe Ci.'lploymcnt ;elct:::~; . (b) , h" , I 1 ~ . lnel ,")0 c-:nt",cc'or, succ.::r.troc:or, nor cny per:cn on I IS ::e.'lC,,' snell, in cny mcnn(!r, di::..:riminote os=ins~ or intimiccte eny employee hired fer the perfcrrr.cnc::: "of work under this ccntrc:=t on acc=unt of rcc~, creed, c:::lor or national origin. (Your ottention i$ directed to the provisions of the Stote Lew agcinst Di~criminction which olso prohibit discl""imineticn in employment because of oge); ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 8 ~ . . (c) Thet there mey be deducted from the cmount ~ycble ~:l ~hc c=ntrcc~or b:, tne . I I' '" 'II' . Stc~e or municq:c ity unGc:" ~hi5 contrcct c ?e~c ,y or ~Ive co .c:"'':. ;ocr ~=c:-:. c=!e:lc=:- C:::'" curine whic~ :.uc:-: :::c;s:::i we:. c::;,::;-;r:;inc:c:: CSCir".!;i or inrir:;ic'=:e:: '- , . in violaticn ci ~ne pr::visicr.s of the c=r.r:,,:::c~; (d) Tnct this c::nt;;:c~ r.:cv be c::-:ce!tc: ::r ter:':1inc~c= by ~he Src~e cr mu~jc:==!- , II ' . 'h ' '. -. , . ity, one c, moneys cue or to oec::~e cue ercur:cc:" mey ::::e r=iredc~, tel" C sec:::nc or any subseque:"lt vielction or the tcr:.1S or c::nc:'iticns of this sectien or the contract a 6. The cforescid previsions of Section 220-e whic~ covers every c::::::ntrcct For or =:"': behclf of the Stote or municipality for th~ mcnurocture, sole or distriCul'icnoof mcte:""icls, e~uir"":me:'1t cr supplies shcll be limited to apcr-::::icns perf~r~ec wi;~i:-: the territorie/ rimits of the Stere of New Yerk. 7. Se::ticn 222 wnic!' resuircs thet preference in empfoyme:"lt shell be sive:1 to citi- Ze:""lS of the State of New YerK wno heve bc~n resident", fer ct le,=~t six cCl"':se=~tiv' ". ", I . t th t ..,. I .' . ment..s ImmeCJc,e 'f prier 0 . e C::mmencemen or .nerr c;"p eyment; .ne. pe:-sc:-:s other then citi::e:"ls of the Stote of New yo,k mey be c:nployed when suc:, citi::~:-:s cre not oveilcole; one thet if the requirement:; of Section 222 c:::mcernins prefe:- e:"ice in employment to citi::ens of the Stc~e of New York ere net complied with, the c::r:trec~ shell =e void. 8. Se::~jcn 2.22-0 whic:, resuires thot if in the construction of the public wor", 0 hC.;"';'1rul cwst he:::::.::: is c:-e-::ted For wr.ich applicnces or m~thccs far the elimir..::t- tion of harmful d~st hc=:::rd is c:-ectec: for which c!=plicnces or methods fer the eliminction of hcrmful dust heve ~~n cPF=roved by the Bc::rd of Stcnecrd Appec!s, such cpplicnces or methods shall be instelled end meintoined end effectively opercted by the contrcctor; end thet if the provisions of Se::~icn 222-." concerning hermrul dust he=ords Ore no~ complied with, the controd sholl be veid. OTHE!< R'ECUIREi.,IENTS Every S:c~e CC:1trccUng c~e:1cYr inducir:g Public cuthorities, r.1u::t incfude in e-::c; ccr.trcc~ p=rcs,.c,=hs (c) thror..:S:' (s) of the S~cndcrd Stc~e Ccntrcc~ clcu~e:; premulS.=:ed Sy the Gc....e:-;1::: on Sepfc:-noer 12, 1963 end emended NoYe~ber 14, 1963. Leber elessiricoticns not app=ring on the eccompenying schedule af """Ges con be used onlv with the conSent of the depedmen! or jurisdiction end the" the role 10 b~ peid will be eiv,,~ by the dep<:r1me"t of jurisdictien efler being advised by the New York Stete Deoorlmen-t of 'leber. , -. Ine c;:r.tr:::c:;:r ~.:""crf mcke :;uc.~ =rO'lI$:cn fer di:;cbility be~erits, wcrkr:1c:"'.'s::::.";":~e~::ct:cr'!, une"'Floyme~1 insuronce, scc;el ,ec:.;rily end ,crely cOGe provi,iom es ere re,,:.;ired by lew. """- SUBDIVISION RECONSTRUCTION / RESTORATION K - 9 . . . I I' 1" ' h' . C ,. r" ,. , Ge:'1crc." Rc.:;u ctlCr. No. I cs l~ue= ='/ ~ ,e _tc,e ::r.-:ml:;SlC:"". Cr :-:ur:':Cn ,',::?:-:r:, r~::::..:;re~ thcf e-::c~ c::ntr:::=~ ccrd::::-:: c ~~i;:l..!ic:;c~ ~r.c~: "H i:; he:'"'e::y c~:-'..:e.::: cy c:-:::: ::e!'Nce:i t~e pedie!: hereto thct eve":-y c.:::r.;rcc~::r C:"':C subc=nlr:::c~or en?-=sed in the ,::...:::[ic .....c....~ de::c:':~e= in this c::nlrcc~ shell ?=st end mcirdeir. c~ e=c~ of his e~tcoiisi"H7'le:-11s c:-:c or ell picce~ ct '~ ' I ".', , ,.. ,. '. { N" ~'- wnic:1 tole puc ic wen" ceSC;-jce:: nere,-,ncer IS cel.,,; c=ncuc~e,=, t.,e I ctlC~ or t:-:e .::tcte CCr:imissian for Humen Rishts indic:::ting the ~ubstcntive previsions cf the Lcw ~f.=inst Oiscriminction, wne:-e c:::mplcinls me)':.e filed, end other pedint.:r.t jr:rcl70c~jc:-:. Suc!i Notice shell be posted in ecsiiy cccessicie and well lighted pieces cust::mcril:-- frequented by'employees end eppliccnts fer e;.-:~Ioyment. II The Notice mey be obtcined tr:::r.-: the de?crtment hoving jurisdiction, or rr~.-:1 the cffic~ of the State Commission fc~ Humcn R:S'~~~ in the respe:::tive cree.' Yeu Oie req:.Jes~ed to refer to t:,e 3ure:=u of Public Work ell c;'crses of c:sc:-ir."l!:'1cricn in employment incluc:r.S d::c;-;minc~jcn bec~::t.:se of ese, rec~, cie~=, c=l:::r or nCJiCi:cl cris:::'1 SUBDIVISION RECONSTRUCTION / RESTORATION K - 10 "'<>:,. . . SeCTION L NON-DISCKIMINATJON CL~U5e C' .. . 'h' .. th ' !' Urln~ rne per:::r.":"Jcnc2 or '1 IS COnli"CC'I e c:::nt:-cc~or csree::: c!. .0 ICw~: c. The Ccntjcc~or will net disc;"'iminc~e against cny employee or c~plic=nt for empio;--- ment bec:use of rcce, creed, coler, or nctioncl origin, One will take cffir.7:ctiye cc~ion ~o insure thot th~/ ere afforded equal employment opportunities without disc:imincticn bec:use of race, creed, color, or notional origin. Such oction shell be feken with reference, but not limited to: r~cruitment, employment, ieb assignment, promotion, upgrading, demotion, transfer, Icyoff or tcm,in'ction, rates of payor other forms of ccmpen.!.Ction, and selec:ion ror training or retrcin- ing, includir:g cpprentic:c:::hip end on-the-job trcining. b. The Contractor will send to ecch Icbor union or representative or workers with which he has or is bound by c collective bargaining or other cgree:;'1e~t or understanding, o notiee, to be provided by the Commission of Humen Rights, edvising sue;' lebor union or representctive 'of the Contractor's agreement uncer clauses lta.1I through Ilh. hereinaner c::lled "ncn-discrimination clauses", end rcc;uesting such Iccor union or representative to cgree in writing, whether in such collective bcrgcining or ether agreement or understanding or otherwise, that such looor union or representative will not discriminate against any member f..r cppliccnt for memoership because of roce, creed, ector, or notiana! origin, end will toke affirmative action to insure thet they ore afforced equal membenh~p OFportunities without discrimination because of race, creed, color, or national oris-in. Such action shell be token with reference, but not be limited to: rec:tJitment, employment, job assignment, promotion, upgrcdins, de- .,moticoJ' transfer, layoff ~r terrninction, rcte~ of p::::y, or other forms of compensation, cnd selection for training or retrcining including apprenticeship and on-the-;ob trcin ing. Such notice sholl b'e given by the Contredor, ond sueh written agreement shell be mcde by such rabor union or representative, prior to the ccmmencement of per- formances of this ccnlrcct.. If such labor union or representative faits or refu~$ so to asree in writing, the Controc~or shell promptly notiFy the Commission f=r Humcn Rights of such Failure or reFusal. . C. The Contractor will post cnd keep posted in con~pic:JCvs pieces, available to cmFloyr and cpplic=nts for employment, notices to be provided by the C=mmis.sion for Hurr:cn Rights setting fO(th the substance: of the provisions of clauses lie. II cnd lib" II end such provisions of the Stete.'s Le'Ns csainst discrimination os the Cot':imission for Humcn Rights shell determine. d. The Ccntrcctor will stete, in all ~o!icitctjons or cdvcrti~ments ror employees pIeced by or en bencif of the Cont rec'er, thct ell quel i fied epFli c=nts will be offorced e:::uc employment OFPodur:itie::: withcut discriminct'jcn 'bec=use or rcc~, c;-eed.l colcr, c~ ncticr.cl orisin. SUBDIVISION RECONSTRUCTION / RESTORATION " L - 1 . . . . e. The Contree~or will c:::mply with the provi,ien, of Section, 291-299 of the Exec:..di Low One the Civil Rights Low, will furni,h 011 information end reports deemed nee $Cry by the Commission for Humen Rights under these non-di~crimir.cticn clcuses c:- such sec~icns of the Exec:.stive Low, ene will, pe~it cc::ce~s to his beck:., re-:::rds, end Cc::::unts by the Ccmmi~~icn for Humen Rights, ond Cv,,'ncr rc::re:'c:i~c~ive~/c=l... for purpc~es of invc~tjs=tion to ascertcin complicnce with these ncn-disc:-imincHor clouses and such sections or the Execu~ive low and Civil Rignrs lcw. f. This Contract mey be forthwith ccnccIled, terminated, or suspenced in ",,"ole or ir port, by the con/reding egeney upon the be,i. of e finding meee by the Comini"ic of Humen Rights thet the Contractor hes not complied with these non-discriminctio deu.es, end the Conlrector may be declcred ineligible for future controc~s mode b or on behclf of the Owner/Contreding Agency until he .oti,fied the Commission fe Humcn Rjgh~s thot he hos established and is carrying out 0 progrcm in c;:)nFormit-y ...... the previsions of these non-discriminction clauses. Sue:' finding shell be mode by Commission fer Human RiSh:s cfrer conciliation efforts by the Commission hove fei! to.ochieve compliance with these ncn-discrimination clauses and of tel'" c verified c plein~ he. been filed with the Commission, no/ice thereof he, been given to the Cc tredor end on opportunity ho, been errorded him to be heord publicly before three me:TIbers of the Commission. Such scnt~ons mey be imposed end remedies otherwi~e provided by lew. g.. If this Contrect is cancellcd or terminated under clouse "(."1 in addition ~o other right. of the Owner provided in this contred upon it, breech by the Ccntrec~or, tho Contractor will hold the Owner horrr,less ogoinst cny additional expenses or cos~s ir curred by the Owner in c~mpleting "the work or in purchcsing the.servic2s, materic: equipment, or ,upplies con.templeted by this controcl, end the Owner mey withholc payments from the Contractor in on amount sufficient for this purpose cnd recourse may be hed egoins! the .urety on the performance bond if necessary. h. The Contractor will include the provisions of clauses "0.", throtlgh "g:' in every sub contract or purchase order in such c manner. that such provisions will be binding up' each subcontractor or vendor os to operations to be performed within jurisdictionol locale of the Project being contreded by the Owner. The Controclor will teke su< action in enForcing such provisions of such subcontract or purchase 0:;: .the Owner/ Contracting Agency mey direct, including scnctions or remedies for non-complionc If the Contrcc~cr becomes involved in or is threatened with litisction with a sub- contrcc~or or yenc!er os 0 result of such direction by the Contracting Agency/O'NT1e. the Conlreclor ,hall promptly '0 notify ,he Owner', repre,entetivesjcoun.el, reque, him to inte:"vene and-pretect the interests of the OWl1er (Contrcc~ing Ascncy's juri:dictiancl on~c). SUBDIVISION RECONSTRUCTION / RESTORATION L - 2 -...... \ ,., . . GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. F. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. G. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All brush & debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. SUBDIVISION RECONSTRUCTION / RESTORATION Page 1 ...... " .. . . SUBDIVISION RECONSTRUCTION / RESTORATION PART 1 - GENERAL 1. 01 RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard drawings attached. 1.02 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Highway Specifications. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the fOllowing: A). Clearing & Grubbing of overgrown shoulder areas. 1. All shoulder areas within this subdivision shall be cleared for a minimum of seven (7) feet behind the existing curbing. All existing shoulders that have been satisfactorily maintained will require no work. 2. All existing underground utilities and any existing road construction materials shall remain. Any items removed during clearing & grubbing shall be replaced at the contractors expense. (ie. pavement, concrete curbing, telephone lines, drainage structures, etc.) 3. All reconstructed shoulder areas shall receive a minimum of four (4) inches of topsoil and seed. Seeding shall be a mixture of 65% Kentucky Blue, 20% Perennial Rye and 15% Fescue delivered at the rate of four (4) pounds per 1,000 square feet. B). Clearing & grubbing of road surface areas. 1. All grass, brush, trees and vegetation that has grown up within the pavement area shall be removed in its entirety. SUBDIVISION RECONSTRUCTION / RESTORATION Page 2 " h \ ':\ . . 2. All grubbed areas shall be treated with a herbicide that is approved by State & Local Codes. The application of the Herbicide shall conform to the manufacturers recommended specifications. C). Clearing & grubbing of the Recharge Basin. 1. The perimeter of the recharge basin shall be cleared to a minimum of five (5) feet outside of the existing fence. The existing chain link fence is to remain. Care shall be taken to protect same. Any fence damage due to construction shall be repaired by the contractor at his expense. 2. The interior of the recharge basin shall be cleared in its entirety. The existing side slopes of the basin shall be regraded as necessary to provide a maximum slope of one of four. D) . Installation of new drainage Pipe & Manholes. all existing underground utilities prior installations. ) (Verify to new 1. New 18" Dia. Corrugated Metal Pipe (or approved equal) shall be installed in the shoulder areas of the existing roads between the catch basins located near the Rte.48 entrance of the subdivision and the catch basin adjacent to the recharge basin along Stony Shore Drive. See schematic drawing attached. 2. Two (2) four (4) foot diameter precast concrete manholes with cast iron metal frames and solid covers to grade shall be installed in the existing shoulder areas to accommodate the new pipe installation. Exact location to be established during construction. See schematic drawing attached for approximate locations. E). Patching & Resurfacing of existing Roads. 1. All pot holes, cracked surfaces and areas cleared of vegetation shall be patched with hot mix Asphalt. Minimum patch thickness is two (2) inches. SUBDIVISION RECONSTRUCTION / RESTORATION Page 3 ~ +- ii, ,_ 1. 03 1. 04 1. 05 1. 06 1. 07 "" A. A. . . 2. Upon completion of all other phases of construction the entire road surface shall be resurfaced with one course of oil (RC 250 - 0.3 GaL/S.Y.) and Blue Stone (1/4" Stone - 25 lb./S.Y.) See standard highway specifications for additional information regarding pavement requirements. STANDARDS: A. All new construction shall comply with the following reference standards: 1). Southold Town Highway Specifications. CONTRACTOR QUALIFICATIONS: A. Contractor must qualifications: show evidence of the following 1) . A minimum of five (5) in road construction experience. years continuous experience and drainage installation QUALITY ASSURANCE: A. The contractor shall be responsible for verifying all eXisting conditions and limitations. The extent of clearing and the amount of Asphalt patch shall be verified by the contractor prior to sUbmitting his bid. B. The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of drainage pipe, concrete castings, paving and surfacing materials shall be in accordance with industry standards. JOB CONDITIONS: Asphalt patch work: 1). No asphaltic concrete shall be laid during wet or freezing weather. 2). Protect newly laid asphaltic concrete work from rainfall until it is completely set. 3). No asphalt or bituminous materials shall be placed when the outside temperature is below 50 degrees F. SUBDIVISION RECONSTRUCTION / RESURFACING Page 4 . . . . . --~--T--T--T---r---!=-- Q,a a,a,ala'& ~ '\!:!.J ; ~ ' ~ ' 0 ; ~ PLAYGROUND <Xl "'" '" '"' ~ >< H Z => o u @ Vlk.'! WILD CHERRY @ , "y'- (ij) Y " Y' y' .. :I: H ~ o z o "Y" -- -./' NEW 4' 0 PRECAST CONCRETE MANHOLE Wi CAST IRON FRAME & SOLID COVER. (TYP. of 2) -....-I--.!.Oll.'l'li S C HEM A TIC SUFFOLK COUNTY TAX MAP II SECTION 52 BLOCK 03 LOT II @ ....... SIT E P LAN N.T.S. NOTE: THE CONTRACTOR SHALL BE REQUIRED TO PERFORM ADEQUATE SITE INVESTIGATIONS AND IS RESPONSIBLE FOR VERIFICATION OF ALL QUANTITIES & EXISTING DIMENSIONS. STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N. Y. _ ~-'.-"-T~_~~~~-"""'- _~,~.'."._~_T~'_ ,~~-".~.,..,.,...._~-.,,~-.-,- -"...."..,..,.., '.- .~ . . SPECIFICATIONS <r:' SUBDIVISION RECONSTRUCTION & RESTORATION: --~. SHORE CREST @ ARSHAMOMOQUE COUNTY ROUTE 48 SOUTHOLD, NEW YORK :1.:L97::L. AUGUST 9, :1.994 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N. Y. PECONXC LANE P.O. Box 178 PECONIC. NEW YORK 11958 516 765 3070 -~ . . PROJECT DESCRIPTION SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE TOWN OF SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE RECONSTRUCTION AND RESTORATION OF ALL EXISTING ROADS AND DRAINAGE FACILITIES LOCATED IN THE SUBDIVISION. GENERAL DESCRIPTION: * CLEAR AND GRUBB ALL SHOULDER AREAS FOR A MINIMUM OF 7' -0" BEHIND EXISTING CURBS. PROVIDE TOPSOIL AND SEED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * CLEAR AND GRUBB ALL ROAD SURFACE AREAS OF GRASS AND VEGETATION THAT HAS OVERGROWN THE SITE. ALL GRUBBED AREAS BETWEEN THE EXISTING CURB LINES SHALL BE THOROUGHLY TREATED WITH A HERBICIDE THAT IS APPROVED BY ALL STATE & LOCAL CODES. * CLEAR AND GRUBB THE EXISTING RECHARGE BASIN. PROVIDE A MINIMUM CLEARANCE OF 5 '-0" OUTSIDE OF THE EXISTING FENCE LINE. RESHAPE THE INTERIOR OF THE RECHARGE BASIN TO A MAXIMUM OF ONE ON FOUR SLOPE. ALL EXISTING FENCE SHALL REMAIN. ALL DAMAGED FENCING SHALL BE REPLACED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * PROVIDE AND INSTALL APPROXIMATELY 400 L. F. OF NEW 18" Dia. CORRUGATED METAL DRAINAGE PIPE AND PRE-CAST CONCRETE MANHOLES AS REQUIRED TO CONNECT THE EXISTING CATCH BASINS AT THE MAIN ENTRANCE OF THE SUBDIVISION TO THE CATCH BASIN AT THE ENTRANCE OF THE SUMP. * PATCH AND REPAIR EXISTING ROAD SURFACE WITH HOT PATCH ASPHALT. (MINIMUM 2"THICK) RESURFACE ENTIRE ROAD SURFACE WITH ONE (1) COURSE OIL & STONE. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE: S.T.E.D., PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER - (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of th}s project, please refer to the full Specifications and Contract Drawings. ~~ . ;. INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AlA Bid Bond Offer of Surety A-1 through A-1 B-1 through B-3 C-1 through C-2 D-1 through D-2 E-1 through E-1 AlA Document # A310 F-1 through F-1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions AlA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor Regulations Non-Discrimination Clause AlA Document # A201 G-1 through G-2 AlA Document # A311 H-1 through H-1 J-1 through J-1 K-l through K-10 L-l through L-2 CONSTRUCTION SPECIFICATIONS General Conditions Part 1 - General Specifications Partial Site Plan Page 1 Page 2 throtigh4 SP-l , . . INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and reatoration of all roads and drainage f acili ties in accordance with the Drawings and Specif ications prepared by James A. Richter, R.A., Southold Town Engineering Department, peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 11:00 AM Thurscl,1V 1994. September I, All Speciflcations are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold wlll be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bld lS not an offer and shall in no way bind the Town of Southold to av,ard a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: July 26, l'}')4 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Jlldl th T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 ..... . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposa 1 must be si gned in wri t i ng wit h the fu 11 name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southo1d Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southo1d. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they wi 11 be re 1 eased or ret u rned to t he respect i ve bi dders - whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from t~e drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. SUBDIVISION RECONSTRUCTION I RESTORATION B-1 . . D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of cont ract wi 11 be made as soon as pract i ca 1. a cont ract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AlA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town wi 11 either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the cont ract and to del iver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of the bonds shall not be less than one hundred percent (100%) of the contract price of the work. . F. WITHDRAWALS OF PROPOSALS , Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. SUBDIVISION RECONSTRUCTION / RESTORATION B-2 . . G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. . TIME FOR EXECUTION OF CONTRACT Any bidder whose proposal shall be accepted will be required to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages to the Town for such breach will include loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to .compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Cont ract, and thereupon, his proposal and accept ance thereof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar: day limit as set forth by him in his Proposal, but not more than sIxty (60) working days. SUBDIVISION RECONSTRUCTION / RESTORATION B-3 ,..'e.'......... . . PROPOSAL FORM DATE: 'if, -; / - 9 'I NAME OF BIDDER: X J 13 /;1J(JvSTf((e5 lIVe TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectlY, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORECREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION / RESTORATION C - 1 . . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: vk~ ~~ .Jd~?f---L:~:~~d (written in wo s) J /0, 700 ~<?O (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject. this proposal or by mutual agreement may extend this time period. Signature of Bidder: ~~~ /i?~ Business Address: 7c.J ffl/f r ;(~ //-AM-~d./ d.-' C/. / / /1,7c:J1 Telephone Number: ~-)/0 - 7;l7 - 7" d. '-J 3 Date: f? -3/' 7' 'l SUBDIVISION RECONSTRUCTION I RESTORATION C - 2 . . S~~TT OF NC~-COLLUSION ; (To be Completed by Eac~ B~dder) I~ accordance ~t~ Section l03-d G~ne=al Mu~ci?al Law, effective Sapt~ge= 1, 1966, e~erJ bid or proposal herea=~ar made to a political subdivision of the State of any public depar~ent, agency, or official t~ereof or to a fire dist=ict or any agency or official thereof for work or serv~ces perforned or to be perfor.ned or goods sold or to be sold, shall contain t~e following stat~ent subscribed to by t~e bidder and affir.ned by such bidder as trJe under the pena1t~es of perjury; non-collusive bidding certification. A. By submission of this bid, eac~ bidder and each person sig~ing on behalf of any bidder certifies, and in t~e case of a joint bid, each par~y t~erato certifies as to its awn organization, under penalty of perjurJ, t~at to the best of knowledge and belief: (1) The prices in t~~s bid nave been arrived at independently w~thout collusion, consultation, communication, or agreement, for the pUr?ose of restricting competition, as to any matter relating to such prices ~it~ any ot~er bidder or any competitor. (2) Unless ot~er.~se required by law, the prices which have been quoted in this bid have not been knowi~gly disclosed by t~e bidder and w~ll not know~ngly be d~sclosed by the bidder pr~or to openi~g, directly or indirectly, to any ot~er bidder or to ar.y ccm?eticor. (3) No att~pt has been made or ~ll be made by the bidder Co i~duce any other person, part~e=ship, or corpo~ation to submit or not to sub~t a bid for the pu=pose of restricti~g competition. B. The person signing this bid or proposal certifies that he has fully info~ed h~seli regarding the accuracy of the statements contai~ed in this cer~ification, and uhder the statements contained in this cer~ification, and under the penalties of perju~" affi~s the t=uth thereof, such penalties being applicable to the bidder, as well as the person si~ing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution aut~orizing the ~{ecution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 . . RES 0 L UTI 0 N Resolved t"at K J r3 I,ttJDUSTflleS (~ame of COr?oration) IAle be authorized to si~ and submit the bid or proposal of t~is cOI?cration for t"e follo~ing Project: ,5/1olfecr<f:s r @ f)((S/I fl,I'YJ{)/J!oci(/ e COU tv ry I2A If'? 5:0(/ T/foZ /;) /iJ 'I /1 '17/ (Describe Proj ect) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal La~ as the act and deed of such corporation, and for any inaccuracies or mis-stata~ents i~ suc~ certificate this corporate bidder shall be liable under the penalties of perjuty. The foregoi~g is a true and correct copy or t~e resolution adopted by K J t3 1/JC)vS //OPS lIVe corporation at a meeting on the Board of Directors held on the ~ day of I1UQ Us r ,19ll (SL\L OF TEE CORPOR.\TION) &~~~ Laws' of New York, 1965 Ch. 751, Sec. 103-d, as amended dffactive September 1, 1965 SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 -, . . . NEW Ya:lK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION K J !3 (/iJ(Jusrj(r("S (Bidder) I;1IC. Certifies that: 1. it intends to use the following listed construction trades in th~work under the contract Dl?fJ,.uli(,t' L ;1A.JDScf!!ltNG L::."U,!J(o ;' ;and, 2. a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for. participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trade~ being: D rtflyV f/ IS e , t.11/lJ /) .s ell /'t /V0, f'/V 1/ ( /I.J c; I I ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, hese trades being: N I ;U II (, e L t1 (\) S c /I /,(/0 '/V 1/' /1,/0 ;and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. //? /:/p'/ ~..;?~-?;L_~'-~ ~~L~~ (Signature of Authorized Representative of Bidder) SUBDIVISION RECONSTRUCTION / RESTORATION E - 1 ///~ .1-\1111 VV 1::;:) I ;:)UHI:: I Y H\I~UHANCc. ....OMP AN Y .ODLAND HILLS, CALIFORNIA . BOND NO. 0345582-57 :< BID BOND PREMIUM -0- BID DATE: 9/1/94 <NOW ALL MEN BY THESE PRESENTS, That we, K.J .B. Industries, Inc., 70 Park Road, Riverhead, NY 11901 ,hereinafter called PrinCipal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation, Jrganized and existing under the laws of the State of California and authorized to transacl a general surely Jusiness in the Slate 01 New York (hereinafter called Surety), as Surely, Ire held and firmly bound unto Southold Town Engineering Dept., Main Road, Southold, NY hereinafter called Obligee) in the penal sum 01 Five percenl (5 %) nolto exceed Five Thousand and No/I00-------______________________________________~~-_________________________ ----------------------------------------------------------- Dollars ($ 5,000. OO---------__________j or the paymenl 01 which Ihe Principal and the Surety bind themselves, their heirs, executors, administrators. ;uccessors and assigns, jointly and severally, firmly by these presents. rHE CONDITION OF THIS OBLIGATION IS SUCH, ThaI, whereas the Principal.has submilled or is about to ;ubmil a proposal to the Obligee on a contract for Drainage, patching and layirig an oil and stone road _ subdivision reconstruction - Shorecrest at Arshamongue. >JOW, THEREFORE, il Ihe said contract be awarded to Ihe Principal and the Principal shall, within such time a~ nay be specilied, enler inlo Ihe contracl in writing, and give bond, with surety acceptable 10 the Obligee for the <llthful pur/onnanco ul tho said contract; or il tho Principal shall lail to do so, pay 10 tho Obliuoo Iho U;JIIlt1\Jus vhich Ihe Obligee may suffer by reason of such lailure not exceeding Ihe penally 01 this bond, then this obligatlOIl ;hall be void; olherwise 10 remain in lull force and ellect. 3IGNED, SEALED AND DATED THIS 30th DAY OF August , 19 94 K.J.B. Industries, Inc. By: /~~/~ ~LL . Principal /;t" 6' AMWEST SURT t~ANCE COMPANY BY:#&L/1 / ?h~ ~(lL . Patricia Van Posch . Allorney-in-Facl . - (ACkntleCgment by principal, ;:~~:;~~ ;~~~. . . . .... .......:...... . .. . J ss: (Notary: :ul to &e .tl:lc:ftad) On this................... . clay of............. _................. .19. _..., before me personally came. . .. . ... . . . .. . ... . . . .. . ...... ....... "" '" . ...... . ..... ....... " . . to me 'known, who being by described in and who executed the foregoing instrument, and he acknowledged that he executed t'1e same. Sworn before me this................. . . " .., .day of................... . . .. . . . .. . . .19. .. .. . if an individual.) (Acknowledgment by principal, if a partnership.) STATE OF NEW YORK, f ss' COUNTY OF. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . " . . . .. (Not3ry's sea I to be ar..ac:hed) ..................................................... Notar.f Public. On this............. . day of............., personally appeared before me........ ............. ... .................................. ..member of the firm of................... _.................... . . . .. . . . . . . . . . . . . . . . . . . . - . to me known and known to me to be the individual. .. described in and 'N~o executed the foregoin&.. instrument and he acknowledged to me that he executed the same for and on behalf of said firm. Swcm before me t'Jis. . . . " .................. day of........................ . . . . . . . . . . . . .19. . . .. ...................................--............. (Acknowledgment by principa I, if a corporation.) STATE OF NEW YORK, f ss. COUNTY OF. . SCJfr. a!-. !( ... ...... ...... . . ... . (NC:bry'S Sq' :a 1:. at"'..ached) On this.. ......~ f.~~..... . cay of.... ./f.f!~ .I/.$.:T:.............. ,19.7.1.. befere me per;c"aliy carne. . . . . .fJf.J.r.I!.I.C:: J .11.. . fll.A!f". tiff ;<;.. . .. . . . .. . .. . .. . . ... . . ..... .. to ";e k...,own to !:e :'~e cecscn me duly sworn, did depcse and say, that he resides in.. .1l1 !J.t?//!e:.1!1. D.....IV ~'l...........:..... that he is the. . . . . t.lP';;J.I;>.t?~. r.. . . . .. . . . . . . . , .. " of:.'1e. . . !<".~ ,ll..: .~I)<!'!m'.i.e.s.,. .~I).I"" . . . , . . . . ...................... .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. - . . . .. t'ie cor;:craticn desc:"iced in and which exec:Jt:c tl~e fcr=sc;,,,,:s instrument; that he k;"lew the seal of said cor;:Jcration; that ~'e se~ affIXed to aid ir.st-t.:.-:-:s;:t 'N~S S1..:ch corporate seal; t,at it was affixec by oreer of t"le Scare 0 i ectc or sa' c=rpC:"=:iOli, a;:c ~.'-:=t he signed his "arne t'":ereto by like oreer. .1 Sworn before me this, .. . . . ."-? \ ~ . . . .. .. . . . . . day of.... . . .19q~. Notary ?ublic4 blie inth St eo STATE: OF NEW YORK, f No. 4863272 Na s SS, Qualified in Suffolk County OL COUNTY OF...... .s. .'!~.......................... MyCommissionExpir.sJune23, 19~ On this.... .?Ot!">.......... .day of...AUE'!H..... ...... ..... ............, :.9, 9{>., belon! me, ::-:e undersigned, a Notar.f Public in and for said count-I, personally ap~eared. . . . . . . . . . . . . . . . , . . . . . , . . . . . ....... )?{l!:r.i.c.~q :Y911.1?9..8.c;.b - -"'...'."'...'. who is to me well known, who being .::uly 5"",'/cr;" c:d depose and say t.'":at he resides in... !'l.".~. )'1'.,:1<;. .!;lY............................ __......... ....'. . .. that he is Attorney-in-Fact of Amwest Surety Insurance Company the corporation described in and w~o -axecuted the 'Nft,in ir.st-ument as suret'j. i'"hat r:e ~r:C",'/s the 5:21 of said corporation: that the seal affixed to said instr....ment is sue;' corporate seal; ~'2t it was t.~a!";::J affixed by order of the Board of Directors of saic cor;::craticn, and ~'at ~e signed his nar:;e ~'er=~c ~y ~:~= order. Subscribed a"d sworn to before me t.'lis_. .3.Q~I:>. . . 'l day of...~!-'g.u.s.t:....................__..19..%..I~ / / ~ (NCt.'Ill'Y"s se.al :a ~. .ca~"led) _ ~1. ../..1 _ /~__--#-c___ /\" ....... . ....; ..'... ..-t;Ff : r<fr-.lGs.-roo.'; . . :'biic' . . J"-. e7~ --'. AF:'IC"~~ OF fS'~.:I:-';I':' '-10 s":p~tary Pub ie, State of' NT3:w'''o~- . ...'- , {l'l.Y. S:a~~. .:).7-.1, . -. ,. --. - -, - _. No. 41.7273{).25 ?!.!blic4 Resolutions of the Board of Directors This Pmver uf ALtorney is signed and sealed hy facsimile under and by the Juthority of the following resolutions adopted hy thL' Board of Dinxtors of Amwest Surety Insurance Company at J meeting duly held on Decemher 15, 197'): HESOLVED. tb:1l the President or :In')' Vice President. in conjunction v,jth the St'Cl'L'l:lry or any Assistant Secretary, nul' :lp]1(lirll :tllUl"I1l'y,'iin-f:lc! Ilr :lgcnlS \\-jlh :llltIH)!'il\- :IS dcfilh'd or limited ill tlll' in,'i\r1.lmcnt c\'idcncing the :lproinll!1cl1t in e:lch C:\.Sl'. (Ot' :lI1d (1I1 h,Jull ur the COlllj):l!JY, to l'XCc.'l.llC :lnd ckli\,:r :lI1d :dlix rhe >l,:tl ell' UK' Company to bonds. UIHlcI1aking,s, recognizann''i. :lnd ,'iLlretyship ilhlig:lli<llls i)r :111 kind:-: :lI1d ,'did (ltliccr> !lU\ H.,'Ilj()\(' :m\' ;-,t1ch ;If\(lm('\',ill- Ltc! ur :lgL'nt :111(1 rv\'()kL' :(11)' P()\\','r of ,11l()rlWY prl.'\'i()lIsh- gr:lI1l\..'d t,,) ,>\leh i,\T.;()n RESOLVED FURTHEH. tlut any bond, undertaking, recognizance, or suretyship obligation shall be v~did and binding upon tht.'Comp:tny (i) whvn signed by the Prvsickm or ;lnV Vin' Presidenl ami :\llc.slt.,d ;1\1l1 ,.scain! i if:l sv;1i he required) by :lny Secn.'tary or Assistant Secrerary; ill' (ii) when signed by the President or :ln~l \-,'ice President or Sc'l'rl'tarv or Assist:ll1t :-iecn:ur'y', and COllllkrsigned :ll1d :--'l':ilnl (if;l Sl.\ll he requin..'d) by a duly authorized :1\!(lrnev-il1-Ltct or ;1,'J:vnt; 0\ (iii) when duly executed and sealed (if:l seal he n_'l.juired) hy unl.' or Jl]im' ;UI()[TwY'i..in-Ltct or :tgenls pursu:ll1t t(J :1i1d within the limits oj tilt' :lUlhority l'\'idencvd hy thl' l)(l\\t.T l!i' ;lllurllL-':,- i'>>LH_'d h\ the COlllp:lllY lo :--.uch I'er:--'(Jn ()r P('['S()ll> RFSOLVU) nxl'l IFI\, tll;ll tile sign:lt[lrC of :lny :llIthori/.cd (llli'l'r :111\1 IlK' ,sV:ll (l!' thl' Company may he allixl'cl h') facsimile to an'); pu\ver of attorney ill' certificltion thuvof authorizing the ev:n:tiol1 ;\Ild dl'!ivcfycOr'any bond. undert:lking, recognizann', or (JlhL']' sLlretyship (Jlllig:lIiilns of t11l' C01\lpall\; :ll1d 'iLllh sigl~;ll\ln..' ;lnd -,,;(':Ll \\-!lCn so used slullkl\l' the .S;lme foru' :ll1d dfcd :IS though lllallLl:dly :lffixvd IJ'\ \XiITi\I-:SS \\IIFHFOF, .'\111\\l'st Sml'ty Insurll1cc CO]np:l11Y It;\.s Ll\l'ivd till''';''> )1-..-",..-111'''' I" Il~' :--;i,;ll\'d hy its pm]'cl ()tliL'l.r..;, ;ll1d its corporate Sl':llto hI.' lll'!\'unlo :dlixcd Ihis l.st d:l) o(J:lnlurv. 19(),-). \\\\\\\\llJ!//111 \\\\\ \NSU,q 1111/ .:::."<::;-'{,.,........,4Jtt.//// $''.$..",~ ~'r 0 R";"',~<<,% ~c.o: CJ'V "l/,:..-::;. " ..'" .,~y I <d"o" :::~:_ \'1' , :0::: :::<f): :~:: ~""" 197" ....-o~ ~7'C' ~.>.~ ,,~....4ltFO?V.'...." " ~/p- '..""........ ~~ //1 \"" IIIIIII/JIIII\\I\\\\\\\ 9~ ~Oh~~%~nt ~f:;~ Stat~ of Ct!ifornia County of Los Angdes On January 1. liJ95 hefore lHl', Peggy B. Lofton '\Joury Puhlic. pcr,son:tlly apPL':lrcd John I~ Savage :llH.l K:l1'l'n (;- Colll'n, per- sonally Knovv'n to me ior proved to mc on th~ h;ISis of s:ltisfactory evickncel to hc the pnson(s) whose namds) is,/ar~ .suhscrih~d to the wilhin instrument and :ICkno\\'ledged 10 me all t!l:\1 hei'she/they l'xecuted the S:lilW in his/her/their authorized capacity(ics). and that hy his,'her,/their sigll:lturl'lsl OIl the instnlllll'nt the perso]](s). or the entity upon lwhall" of which the pCfson(s) acted. ex- ecuted till' instru1l1ellt. W!Tl\ESS lll~md ,llld 011" l,tI " ,tI __~...6. "--"-~'~,~\,,\t), ~.~. 1"ll'>{L :"\(11.11\ l'lIhti\ ('1l';l!l it,,~.~:... l. ..-;.... !,,; , ". .. ...,~ OFFICIAl SEAl PEGGY B. LOFTON Notary Public-California LOS ANGELES COUNTY My Commllllon El(pire. JUv 28. 1995 Signatllrl' Restrictions and Endorsenlcnts . . .,., . FINANCIAL STATEMENT - DEQlDER 31, 199t AnIlS'!' SURETY INSURANCIl COMPANY ASSET~ Sonds Preferred stocks COllllllon stocb Mortgage loans Real estate Cash On hand and on deposit Short term investments Agent's balances Reinsurance recoverable EOP equipment Accrued interest Intercompany receivable other admitted assets $ 74,846,014 9,449,849 7,642,537 167,921 1,921,919 (104,942) 4,940,113 5,781,147 1,308,168 1,134,918 1,420,320 135,764 2 087.493 $110,731,221 Total assets ===---~= 3TA'I'E OF :OUN'I'Y 0 F Ca11:rol"'nia Log Anaeles Losses and loss adjustment expenses Contingent commission Other expenses Taxes, licenses and fees Federal income taxes payable Funds held by Company under reinsuranoe treaties 1,115,208 Unearned premiums 26,069,215 Funds held on account of others LIABILI'I'IES. SURPLUS AND OTHER I'trHl)s Total liabilities Capital stock Surplus note Paid-in surplus Unassigned funds Surplus as regards pOliCYhOlders Total liabilities and surplus $ 6,326,644 831,111 2,164,360 846,839 202,185 39.821.214 $ 77,376,776 4,000,000 10,000,000 6,590,000 1.~ 764.445 33.3~4.44!i $110,731,221 ---- John E. Savage, President of Amwest Surety Insurance Company, being dUly sworn ieposes and says that he is the above described officer of said Company; that 3aid Company is II. corporation duly organized, existing and engaging in busines 18 a surety Oompany under and by virtue of the laws of the State of California lnd has duly complied with all requirements of the laws of the said State lpplicable to said Company and is duly qualified to act as Surety under such laws; that the above is a true statement of the Assets and Liabilities of said =ompany of the 31st day of December 1993. 'Ubscribed and sworn to before mathis ~q#' day of H tUl.r.-L , 1994 ku'(fn~' ~~/(. Notary 2n~ e ..../cz.,~ J n E. Savage President ~ . . - - - . . . - . - '1 . IUMND.ICREIS " ". OOMM. # 1012801 i! (' t -.. Noror, ~Q - COlItDmk:I > - lOIANQElaCOUNlY- J. . _'"":~~.~,~~ . . . THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CHere insert full n..me .lnd ..ddress or lepl title of Contrutorl as Principal, hereinafter called the Principal, and (Ht're insert full nolme olAd address or les..' title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full n,aml! and ..ddress or Ie-loll Ii Ill! 01 Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ l, 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 (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Ptincipal 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 ~ent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligafion shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) { (Title) (Principal) (Sea/) (Witness) { (Title) (Surety) (Seal) AlA DOCUMENT All0 . BID BOND. AlA 8. FEBRUARY 1970 ED . lHE AMERICAN INSTITUTE OF ARCHITECTS, 173S N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 ....Ari...I..Gi; unu~ Photoc.:..4lng ':!'!J~ 'J.e. copy<1ghi IIfNI, and Is.ubfect to IegeI proIlItCUtIon. . . OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (Bidders Name) will execute the (Surety Company) the Surety Bonds as herein before provided. Signed: Authorized Official, Agent, of Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. SUBDIVISION RECONSTRUCTION / RESTORATION F - 1 ") . . SUPPLEMENTARY GENERAL CONDITIONS The fOllowing supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I .A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, sUbparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line fOllowing the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11. 1.1 ADD: .8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specif ied provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1. 2 ADD: The Contractor shall furnish insurance with the fOllowing minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION G - 1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor's Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a m~n~mum period of one year after final payment and contractor shall continue to provide evidence of such coverage- to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the fOllowing hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage) : f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liabili ty (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that IH~re insert full n.me ;lnd ~ddren or Ie-pi tille 01 Conlr;lclorl as Principal, hereinafter called Contractor, and, (Here insert full ".lime <Ind add,", or leS.1 tille of SU~IYI as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full ".me .nd .address or le..I' Iide 0' Ownert as Obligee, hereinafter called Owner, in the amount of Dollars ($ J, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here inserl full n.me, address .nd descripllon of Plajeell 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here insetl full n.ame .nd .ddreu or lel.lll tille of A,rchileocll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. .\IA DOCUMENT AJll . PERfOR.\tANCE BONO AND lABOR AND MA HRIAl PAYMENT BO~D . AlA 18 fEBRUARY19:-0 ED.' THE ^MfRICA~ INSTITUTE OF ARCHITECTS, 1:"1<; ."I.Y. AVE., N.W., WASHINGTON, O. C. 20006 1 WAANIIfo!"'" 111"1Ih~,~""'1 :"!~-"'YIr1ll v'ol.... u.s. copyrtgh, I~ ~ I. .-..b}ect to legal prosecution. . . PERFORMANCE BOND NOW, TkEREFORE. THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de. termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or . succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount paYdble by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which tinal payment under the Contract falls due. ._ No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein Or the heirs, executors, adminis- trators or Successors of the Owner. 19 I IPrmCIf).I/I [S~olll (Wjlnf'5~) fritfr) I 15ufC'WJ t5l.'.111 (Wj(n('~~) trif/c') AlA DOCUMENT U1I . PERrORMANCE BONO AND LA8('). AND MATERIAL PAYMENT BOND . AlA 8 rEBRU^,RY Tet70 ED.. THE AMERICAN INSTITUTE OF ARCHITEcn, 1135 N.Y. AVf.. N.W.. WASHINGTON, o. c.'2D0Q6 2 WARNING: UnIfc:enMd ph a a.:.. ",1ng VJoIa... u.s. COpyright IbM ... Is subfect to legal ptOMCUtIon. . . THE AMERICAN INSTITUTE OF ARCHITECTS " AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Hert' insert lull nOlme OInd address or legal tille oi COnlra'lorl as Principal, hereinafter called Principal, and, (Here insert lull "olIme and address or les;!,l tide of Surety, as Surety, hereinafter called Surety, are held and firmly bound unto lHere insert full name oilnd addreu or legOlI lllle of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of {Here inUHf I. sum equal 10 at le.llst one-h.r, 01 the conl",t price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, SUCCessors and assigns, jOintly and severally, firmly by these presents. J, administrators, WHEREAS, Principal has. by written agreement dated (Here insert full name, address and description of projeclI 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by [Here insert full name .nd address or leS.l1 title of ArchiteCI) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE. BONO AND LABOR AND MATERIAL PAYMENT BONO . AlA i!l FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.Y. AVE.. N.W.. WASHINCTON. O. C. 20006 3 WARNING: Unlicensed photccopyJng vkllata u.s. copyright raw. and Is subject to fegaI praeecutIon. . . LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION Of THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants a') hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation sheil I be void; otherwise it shall remain in full force and effect, subject, however, to the fol. lowing conditions: 1. A claimant is defined as one having a direct con~ tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for lJse in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs Or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless c1Jirnanl, other than one having a direct contract wirh the Principal, shall have given written no lice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did Or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mai', postage prepaid, in an envelope ad. dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1l year following the date on whIch Principal ceased Work on said Contract. it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state Court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated. or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The .mount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, Inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 ~ ! (PrlncipiJl) (SE'.lo11 (Wiln('\.~) (Tit/l.) f (Sun'ly) (5(',)1/ (Wltnl'~\) , (Till(') AlA DOCUMENT A311 . t'UH)R:MANCE BOND AND lABOR AND M^ TERIAl (lAVMENT BONO . AlA 181 FEBRUARV 197D EO. . THE AMERICAN INSTITUTE Of ARCHITECTS, 17:JS N.Y. AVE.. N.W.. WASHINGTON, D. C.2()o()(' IN."..'1N1rr,; tJrd~;:~ pMtocopv~n~ ,violates tLS. copyrtghtl... and Is subject: to leglll proaecutIon. 4 . . GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, sui ts, debts, dues, sum and. sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, jUdgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatSOever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: and any admittance or supplements thereto. , 19 IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and dUly attested by its this day of ,19 . Attest: Principal: SUBDIVISION RECONSTRUCTION / RESTORATION H - 1 . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SUBDIVISION RECONSTRUCTION / RESTORATION at SHORECREST at ARSHAMOMOQUE COUNTY ROAD 48 SOUTHOLD, NEW YORK 11971 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. SUBDIVISION RECONSTRUCTION / RESTORATION J - 1 . . . 5 ECi.ION I< COM?L1ANC:: WITi-i T!-;E Lt..:JO!Z Lt..W AND OiHE" .O::?ARiMENi OF Lt..30R REGiJL';iICNS A. S7~7E R.:G~...!L~TIC~S 1. The Contrcc~cr ~r:c I' comp Iy wi ~h the c~p r ic=b 1 c ;::r::ovl 51 ons of the IIlc=~r Le.....1'! cs emended, of the Store of New York. This Contrcct snell be void unle!s cpplic==le sec~ions of scid Lober lo..... ere complied with. 2. E:=ch end every provision of lew CIne clouse required by lew to be pert of this Contrect shall be deemed to be included herein ene this Contrect sholl be re=c end enforced os though it were included he~einJ' end, if -through'me~e mjstck~ cr otherwise cny such provision is not includec, thc:"t upon the cpplic::~jcn or eirner perty here~ol the Ccr.~rcc!' shell for!'nwith be pnysic=lly emenced to ~=k: such inclusion. Specific:::lly, Sedion 220-e, of the lebor Law, as so c:1'lc:'1ced, prohibits in contracts, disc.-iminotion on account of rcce, creed, c:::dcr, or notioncl oris:n in employment of citi=e~s upon Fublic works. . Tnere mey be deducted from the amount Fcycb!e to tne Ccntr:::c~cr by the O....-:"te:'" uneer this Centred a penclty of five (55.CO) collers fer e-:Jc:, persen for =c:, c::::lenccr c=y during wnic;, sue:': peTen was disc;"imin~ted cs-=insr or intimic=~ed in violation of Sedicn 220-e.; provided, thct fer b second cr cny sucsec:.;ent , I' . h ' , .', '.~' C t ' 'I . vIa ctlcn or t e prOVIsions-or sele Fcrcsrc;::.~, ".IS on r::::c~ may ce c=nc~: e::: or te:-mincted by the Owner end ell monies cue or to bec=~e due hereo..:nder .,mcy be forfeited, B, FEDE?.AL R:GULAiIONS J, C::"i1FICAiION OF NON5:G~:GAiED FACILITIES By ~ne s.ubmi~sion of this bid, thc Sidder, offeror, cppfic::::nt, or subcontrcct::r certifies that he does not meintcin or provide for his employees cny se;res::~ed fcc:li~ies ct cny of his e:s~cblishments, cnc.thct he docs not per:"ila his em::rcve= to pe:",for.'n their services at any loc:::ticn, unce:'" his control, wnere segrc~te'd rcciljlic~ ore maintained. He certifies furthe:" thct he will not mcinlcin or prcvide ror his employees en scgrescted facilities at cny of his estcblishments, end thel he will not permit hi, employees to perform their services ct eny loc=~ion, under this c:::ntrol, where segreg=ted fccilities ere mcintcined.. The biddc:", offc:"or, cpplic:::nt, or subccn~rcch::r cg~ees thc~ c breech of lh1s cediric=~icn is a vialcHen or the E.:::;uc! Cp:pcr~unity clouse in this c=nlrc.::~_ As u~ed in this c~rtific=tion, the le:-rn "ses:"c:?=tec fccilities" me-:::ns cny wciting roems, work aree~, rest rOoms cnd wc~h roems, re~tcurcnts end other ecting crees, time clocks, lacke:" rooms end other storage or dre:s.ing crees I SUBDIVISION RECONSTRUCTION / RESTORATION K - 1 . . tim~ clades, .locker r:::::m5 end other sfor:::sc or cire!l:.ir.~ cr~-=s, perxlng ior!., drinking rcuntcin~1 re-:re-::ticn or C:"lrcd=inrne~t Or~-=5, trcr.:~cdcr;o:'l, C:1d hcusinc rccjfitie~ pr:::vided for e:r.plcy.e~s w;,ic;, Ore scgres-=rcd by explicit dire...+j:'e or are in fcc~ se-:reo:ted en the bcsis of rcc~, c~ee-=, o:::lor, or ncti;~cl cr:gin, be==:..:se 0-[ n~:::it, lo~ct c:.:slcm, or c~hcr'wise. He f\Jr~he~ '( . I' " ... t' I '~..' r Csre~s t~:::~ e:o::ept Wr'le:-e ne ncs cot=tne-:: lce~ le= C':':":lilC:::dcns ,rom pr:::pcsed subc=r:t:-c::~c~ rer specific time ;:cricc:) he wi II ::=fc:in icc~ticcl ..J . . L., .,., cer~ific=!ic:;s fr::::m prcpcse... ~ucc=nt.cc:t.::r:; pr:cr to ~"c c',"cr::: or Suoc:::ntroc:s eXc~edinc S10,OCO wnid, ere not exemFt from the pr::lvisicns of the E:;:..rcl Opportunity c!cuse; ~hct he will retain such c~dific=~ions in his fife~; c~d ~hct he will forNcrc the fellowing notice to such Fr~?o~ed succ~ntrcctors (exce?t wnere the proposed subcontractors hcve submil~cd icc:lticcl cer~ifjc:::ticns for specific Hme periods): 2. NOTtC: TO P~CS?:CTtVE SU5CONiKACiOi\S OF REQUI"El,,',ENT FCR C:?TiFIC...;TiCNS OF NCN SEGr:.E'::-~.TEJ F.':"CtLlrr=S A certific=~icn of NCilsegregcted Fccilities musf be subr':'linec prier to the C'NCrd of 0 =:ubc::ntrcct exceeciing $10,OCa which is not exempt from the provisions of the E::::uol Opportunity clause. ine c::rtificcticn may be submitted either for e-=c:, subcontract' or fer olI subc::ntrccts during a period (i.e., c;vcrterly, sei.1icnnuclly, or annually). NOTE: The penalty fer making felse stete:ilents in offe:-s is presc:-ibed 1n 18 U.S.c. 1001. "Curing the perfcrmcnce of this c::ntrcd, t"he ':o1(:tr=c~cr csre~s os fo[10......5: (1) Tne ccntrcdor will not dhc:-imincte CS'Cir:5t cny em?lcyee or cpplicor:t fer employment be::~use or roc'e, creed, co lor, or net ionel ori sin. The contrac:t=r will toke affirmative oction to e'nsure thet cpp{ic=nts Ore employed, end ~hct emp'oye~s ore tre-=ted d~ring employment, withcu~ res::rd to their roce, -creed, c::dor, or notional origin. Such cc~ion sheri include, but not be limited to, the foIIewing: employment, upgrading, demoticn cr trcnsfcr; re::::-uitment or recruitment advertising; Icyoff or terminction; retes of pey or other Forms or compcn~c~icn; end selection For training, including c?prcntjce~hic. The' C=ntrcc~cr ogrees to ?cst in c:mspic:Jcus plcces, available to emp'lcye=~ end cppficcnts ror employment, notices to be Frovided by th~' c~ntrocting office:", seHing forth the provisions of this nondiscrimination clouse. (2) The c=ntrcc~cr witr, in all solicitetions or odver:tiseme:1t~ fer employees placed by ar an benaif af the contracter, state that all c;ualified aaalic::nts will r~ceive c~nsidcr:::tion for cmoloyment without re;=rd ~o race, '~rcc:::, coler, or nctional origin. . (~) T' ... l1e c=r:ti'"c-=~or will send to cach lebor union or rc?r~SC:'1lc~jve of worke;:: with wnic:, h.e has 0 corJcctivc bcrs=ining agreement or orher c:=ntrcc~ or undc:-stending" a notice to be providc~ by the ogC:1cy contracting.officer, advising the lcoer union or workers' representative of the Contractor's ccmmitmenls under Section 202 of Exeautive Order No. 112015 of September 24, 1965, ond sholl post capies of the notice in ca."'upicuaus place. available to employee. ond oppliccnls for employment. SUBDIVISION RECONSTRUCTION / RESTORATION K - 2 (6) (7) 3. . . (4) I "t,vP C~dc~ No. 1124.5 The contractcr will comply ""irr: 0/ provi:-.icns of Exe:.... _ of Sei=tc~be:' 24, 1965, cnd of the rures, CilC re;~fc!icO":sl' end r~!e""cnt oree:-: 0' the Se:~etcry 0' Lcber. (=) 'II' ., II' ~ .... .....,.-..... ....-... ...,.;' ... "'-"r" . Ine c=ntr=c~cr WI :urnlsn C InrcrmC.lcn c"c r_:-or... r_~_lr__::lY c..,,<___ IV_ Orcer No. 112.1.6 or Se~te~i::er 24, 1965, ene by the rules, re;uIcticns, cnd " ., S . . L . t t'. . 'II '. . orcel"'S or the e::::"e~CjY or coer, or pUl"":UC:"'t ne:"~.o, one 'HI PC:":-:11. cc==~: .,: his boob:, re::::::rds, end cC:::Jl..:nrs Sy the c:::nrrcct:ng cse:"lcy cne the Se::etc:"",/ of L:::ocr Fcr, purj::oses c'r investig::::Hcl'7l to csc~:":cin compliance .....ith sue:' r.;le!, reS'J'~tjcnsJ' cnd cree:"=. In the event or the c~ntroctorls noncomplicnce with the ncnc:sc:"lmlncricn. crouses of this contrcct or with ony of such rules, regulc~ions, or orde:-s, this contrccr mey be c::ncefed, termincted, or suspe~ced in whole or in pert c;,;c the c:=ntrcctor mcy be cecfc:-ed ine!iSible for fur~he:- Gaver:"":me:1t c:::ntn:::c~s: in Occ:::rccnce with procedures cut~cri=ed in Executive Orcer No~ 11245 of September 24, 1965, end such other scnctions mey be imposed end re:7ledies invoked os provided in Exec~tive Order No. 11246 of Septe~ber 24, 1965, or by rule, resulcticn, or order cr the Se:,e!cry ~r Lebc~, or os otherwise provided by Icw. T;,e contredor will include the previsions 0' Fc,csrepns (1) througn (7) in every subcontrcct or purchcse oreer unless exempted by rules, reg:.;lct.icnsl' or orce:'"S of the Se::::-etcry or leber issued pursuent to Se::~icn 2C4 or . Exec".Jtive Order No~ 112.46 or September 24, 1965, so thct such ?r:::visicr.'s wil.{ be binding upon ecch suoccntrcctor or venc::r ~ ine c:::ntroc~or will tcke such ecUcn with respect tc;..cny subccnt;cct or purchcse oreer os the c:mtrcc:ing agency mey direct cs 0' mecns of enforcing such provi:;ionsl' including :.cnctions for ncnc:::)mpliance: Provided, however, thet in the eve~t the contrector becomes involved in, or is thre<:rcned with, litisction wit;' 0 subcontractcr cr vendor cs a resvlt 0' such direction by the contredine agency, the ccntrcctor mey reque~t "the. United Stctes to e:1ter into such - litigcticn to protest the interests 0' the United Stetes." FCDE:<Al ?ROCURE.'v\ENT REGULUrCNS EQUAL OPPOR rUN ITY IN EMFLOYMEN T 1-12.805-l Reocrts and Other Recuired rnformction (0) Re::;uirements for prime contractor:;: and subc::::ntrcctcr:;~ (1) Eoc:. asc:'lcy shcll require ""ch prime contreeter cnd eech prime c=ntr:::c~cr ene subconl reder she 11 C::use i ts ~ubcontroctors to fi 1 e ennucIry, on or before Mere:' 31, complete end Cc::urcte rc~o~s cn Stcne"'e Ferm 100 (EEO-I) promulsctcd jeintly by the CHic:: of Fc~er~l Controc! Compliance, the Ec;ual E:nplcyment Opportunity Ccmm"S1on, end Plans far Prosress, or on such form as may her=rter be prcmulseted in its place, i, such prime contractor or subcontractor (i) is not e"empt from the provisions 0' this Subpart 1-12.8 in oc:=ordance with 1-1~.804; (ii) has 50 or more employees; (iii)~is a pnme contrcctor or ',nt-tier subcontractor; ond (iv) has 0 cantracl, SUBDIVISION RECONSTRUCTION / RESTORATION K - 3. i -12.8C5A . . sub-co::ntrcct, or purchcse cree:- cmounting to $.50,OCO or mere, or se:-ves C~ 0 c'~?o~itc~y of Gcvcrnrnc:-It funes in cny amount, or is c r" . I" .", ,"' ,.,. . '" , " _ t r U" Incnc:c InSdIUllC:1 wnlC'." IS en 1~:iUlnS' CliC pCYlng ...se~ cr ..... scvinc:; ::C:ic:, ene ~cvinc:; ncte~: Pf::vice-::,. ihcr c:-:y suoc:::r.~;"::c::::,,, - - below ~he fir:;~ He:- wr,ic;, pe:-icrm: c:::nstiuc:icn wcri< ct the si~e of ' " I ' '. I' -- "t " c::r.S~iUC:lcn ::-:01 ::e reSUlrec, ~o fi e sue." c re~cr: If I mee!':; I."":e ' t' ,..." ('J ('. . (. J . '-' . resulreme:-: S In SUCCIVISICl"a I, II), one IV or LdS Fcrcs~;;,-: (c) (1), (2) E=d, person required by sucporcsrcpn (l) 0; this pcrcgrcph to submit repcds shell file such 0 report with the c~ntrcc~ins or oc~jnisrer- ing oge:"lcy within 30 dcys ofter the award to him of a c~ntrcc: cr subccntrcct, unleH such pel"scn has submitted such 0 re?or~ wirhin 12 months Fre~edins the cote of the aWare. Subse:;ue~r re:=cr:::; sholl be sucmiHec onnucIly in ccc:::rccnce with su:pcrcgicpn (f) or this porOsrc?n, or at such other inteivcls os the cs:e~cy or the Director mey re:;uire. The agency, with the c~~r=vc' of the Direc~=r, r:1cy extend the tir:1e for filing cny re?ort. (3) The Direc~or, the osencr, or the opp!iccnt, on their O'WTl motioi":sr mcy require 0 prime contractor to kee? emplayme:'\t or other rec::::rcs cnd to Furnish in the. form requested, within rec:;cncble limits, sue:.; infcrmction os the Director, CSCncy, or the epplic=nr deems nec~:'.xry Fer the cCr:"'Iinistrction of the Orcer. (4) Tne feilure to file timely,.complete, cnd Cc:':~rcte report::;, es re- quired, ccnstirutes noncompliance with the prime controc:cr's or subc::::ntrcctor's obfigctians unce!" the e,=;ual Opportunity c!cuse cnd is 0 ground for the imposition by the agency, the Director,. on cppfic=nt, prime contractor or subcontractor, or cny Scnc:~ions euthori::ed by t~e Order end the reguletiens in ~his sUcFcrr. Any. such reilure shel/ be reperted in writing to the Dire=ter by ihe egeney ~::; SOon as prcctic=bre ofter it oC':J~. Re:;=art::; end C"ther Reqt.Jjr~d lnrcr~cHon b. Requireme:'1ts fer bidders ar prospective contrectors. (I) ~ E~ch cge:'\ci' shel! resuire each biddercr Fr=s~ective prime con::-=ctcr cnd prcpo~ed succ=:ntrcC:far, where opproFriate, to stcte in the bid or ot the out.=.ct of ncS'oticticr.s For the c::r.trcct whether it hes pcr't'i_ cFFeted in any previeus c.::ntrcct cr subc=:r:tr:=c~ Sucle::t to the t:=wcl CPPOrlunity c1euse; end, iF sO', whether it he! filed .....ith the J;irit Rc?cr~ing CCr.'lr.1iUcc, the Direct:r, en osc:':cy, cr f.~e fOr':":"lCi President's C::::mmiUce en Equcl Employment C.pportunity, ell re=cr~: due under the epplie:::ble riling requirements. The statement sh~1l be in the rorm or a representetien by the bidder er efferor sub- slentie/Iy os rollows: "__n___.._ SUBDIVISION RECONSTRUCTION / RESTORATION K - 4 10-' e. (r~' , ....,~~r.:"'\c ~~ I:1C '::=C:" = ::lIIC:"O:-) r~=:"-...... _~~: r . . . . '. . . --rl.r-c~ .ubi"'-~ to no~, PCdl=:;::C~e~ In C ?r~vIC\.::' C::r.t:-C:" .... ~UO__.. '- . '", ,__' h - "I . J " .' -........... ....rl,...lnc1'y C""':1- t e t::;UC C:::?:::::dunl~Y c cus~ nC:"~Ir:.r C:- .:"le _!_..__:::: " ._' tcined in se=~ic:'1 301 of E'xe":::Jtive Cree:- No. 10<;::.:,. or th'! ::~-.:se contcine:: in se=~icn 2Cl or S:c::.;tive C'r=~; Nc. 11114; t:-:ct ~~ ( ) heo, ( )heo nc~, file:! ell re::;uire:! ec",clie:'1ee re;::cr:s; c:oe ~"c~ . '" " '" .. .' ___" --a ........_.... re~re=c:"':t;::tIOr::s I:"lClc:rlng !.U:::r.-:IS..lcn or r~~''':lre-: c......._lIC.,,__. ___..., . .. . ~u:"c_-,-,,'r"-_',~,..,: ,..,'11 '-_0_ =::~::::-:e-= ,=rior ~= ::..::_ SIS':-':e-:: :::y ::~:~=:se= .. _ _ _.."- _ ~ "c:, ()h.::: c:::r.L:-: c~ C......cr=:.. II in c:::nr:e:=icn ',' WI,,' ("":"':"e ,..:......."e rA......'Un....~,-:;c~ ~ee-::' ." --...... --'-.-..- '. _...._ ,.__... I 'c' c=!"':lrc.::~: or Suc.................q Wr"'ll ,j :'1c~ b~ SL:=~i::~= , , ) ..... .-.... ~,,- C......_5_. cr~ ex~;.:.=; ti"::-=-: W' "" f" ~ ~h t_io'~:" r:c:"\ C Clccer or oncrer OilS .0 c:<e:::.Jre I e re:=re::.en ,-don, ...e emissicn sheff be c:::nsice:-ec c minor inrCm"lciiry end the Sic:::!:- or .offe:-or ;holl be ?=:-:niHed to scti')fy the re=;:.:ireme:it' Fri~r to .ewer:. (2) In c:,,:y ccse in wnicn c bidde:- or pr=~?e~~j""'e prir."1e C=:i~j:::,::~:~ or pr=.==sed subc=:""ltr:::c~or.. wnic~ ::c:"7icipoied in c crevic:J~ c=;-::-:'"=.::~ OJ su=c:::it:,,:.::~ st.:oie::.t to Exe~:..dive C'rd~:-s No. 109':25, 111 i~, or 11::::';6.. nos net fi~e::' c re?ort due unce:- tne c=~li.::=Sre filins r=s:..:ire:;:e:"lrs, no c::ntrcct or .subc:::lntr::::c~ snell be cwcr=ed, unless sue:' c.:::n!:::dcr submit: c rc:::,ort C::.....ciinS ~he celinsuc:;t pe~i:::= or sue;' erne:" pe:"ioc specified by the cse:"tcy or the Dire::.rcr. (3) A bidde:' or prcs?ec~ive Frime C::ntrcctcr or prcpcsed subc.::n"'j"~:::~cr sne/! be re:;~ired to subm;~ such inf=~c~ior. cs the ase:"lCY or the Direc~::r re:;vests pri~r to the cwcrd of the ccnr:-cct or subc=nt:".::c~. Wne:"1 c cete:"minc~ion he, cee:"1 mcce to cwcid the c::lntrc:::~ C:" sl..:b- t ...~ ,,~ I ~ ~ I II I ~ . , c:::ntr:::::~ 0 c speClilC c::nlrce.ci, SUC:1 C=r:.i.::c.:::r s;-:c Ce re:;'...:lre::::, . -J' t' 'b ' t . .. '-, Frier to c'Nor_, or c:ter l'1e c......erc, or cri1.. 0 fur:;,:;., sUe.. ::t;,e:- inrcr:T:c~icn cs the cse:'\cy, the cpplic::1t.. or the Dired'or re::'..:es~s. (e) Use:of Re;::er~s. Rer:orts filed r:ur:;uont to this 1-12.EC5-.rshcll be used only in Cor.ne::~icn with the ccministroticn of the Oree:-, the Civil RiShrs Acr cr 1964, cr in furtherance of f';,e pUi?CSeS of the Order end scid Ac~_ (d) Ae::;uisition ef Re?or; Fc,""". Stcnccrd Fcrm 100 is cvcilcble In e!1 GSA supply oe?ots. Copies of ~he for", mey be obkined frcm GSA ~hrous;' the ccnlroc:ins or edminis~cri:'1S -. .' , . h f . . I Os~:"1cy.. j.,e s.oc~ nU~=e:- rer t c crm IS os rof o..vs: S~.::~ccrc Fo= No. $1 ock NUr.lb~;- Tille lea 7540-S'26-2049 Equcl employme:1t epportunily employer informction report. SUBDIVISION RECONSTRUCTION I RESTORATION K- 5 1-12.805.4 . . PRCCUREMENT STANOAWS. A. A1l Contrcc~s end Sub~r?nt:; rer c=ns~ruc~icn or re;=cir shell inc!uce c .Fr:::vi~icn fer c=mpiicnc: wi:n ~:1e CC;:le!cno "A.-:.ti- Kic:< :CC~" A.c~ (13 U.~.C. 27~) C~ ~u,:::;:I~;:-:e~i'e-= in D~:==:"t::-:=~t of L~bcr ReS'.Jlc!'icns (:9 Cfi\, Pod 2). Thi~ Ac~ ~rovjces t:-:c~ eo:=ch C=ntj"cc~cr cr Subc:,,::~,t~e ~;"cll be :l:"o;'ioi~ed rr:::m incucir:.- - . =, by eny mecns, cr.y ;:er~cn e!"':"'l~loye= in ~he c=r:s~:"uc~icn, c=mple~icn, cr re;:cir or public work, to give U!=l C:1Y perf' of the c::r:-:penscticn to which he i: oth::"....,ise en:ii'!ed. Tne Gr:::-.lee she!1 repcrt olf suspected or reporte= vio/cUcns to the Granter Agency. B. Where a;::plica::le, all Contracts awarded by Grantees and Sw::- srcntee: in exce~s of S2,CCC rer c=r::~i',Jc~icn centr::c!': c:":c In exc~~s of $2,500 for other- c::ntrcc~s 'Nnic:, involve the e:"':'l;- plcyment or mec:,c:-\ics or Icbor~:-s shell incluce 0 pr:lvrsicn for compliance with Sections IOJ and 107 of ~he Cc"t,==~ Work Hcw" and Sarety Standards Act ("-0 U.S.C. J27-JJC) os supple~e:-:ted by Der:cdme~t of Lebor Resulcticns (29 C:=R., Pcd' 5). Under Se::ticn 103 of the Act I ecc~ Contrec~cr shell be required to compute the woges of every mec:,cnic ene lcbore:" on the oasis or 0 stenderd work clcy oi 8 hours ene c stenccrd 'Nerk week of 40 hours. Work in exc;Ss of the stcnc::::;= . . I' . '" / '" L h . wori<ccy or wcrX'Neex IS pe:":-:1r~sl:: e pr:::Vlce-:: ~nc: t e Wcri<.er is c:::JmfJenscted at 0 rete of not less then 1-1/2 times the bcsic " r II ' I .... " - , " rete or pCi' or c ncurs Wcri<e.. In exC'!:!S or 0 noun In cny co/endcr dcy er 40 hours in tne work week. Section le7 or th A. /" <1 t" k d . . , e d' IS CPP IceO'le to cons rue.len 'Wor er: provloes tlict no !ceorer or mechcnic shaIl be required to work in surreundinss or under "";orking conditions which ere unscnitcry, hc=ordeus, or dancerous to his health end safety a, dete'",ined under constru-dian, saFety, and health stendards .ora",ulsa;ed :y the Secretory or le::or. These re<;w ire",e"ts do nat a;::ply to the ' . 1. , .als -rcr"-'e ""I .. . I FurC:1cses or sU!=F Ie:; or mc:err .... I,...,:, orclnc!"! y C'~CIJC= e en the COC:1 market cr c=nh"cc~:; fer ~rc:1sccr~-=~jon or t--~'-'.I'sl'an ., '1_........ <> of in:-elliSc:1c~. c. E::ch Contract of Oil amount in ex.::e~s of $.2,5CO a~rde= bv a Gra"tee or Subgranlee shall provide that the recipient wilt c.:::mply with appliccble regulctions end s~cnccr:is or the Cost livina Council in c:!:teblishing .....,oges or.d Fric~s. The provision Shell cC'.li:c the rccipjc~t thet sucmis:;icn or c Sid or ofFer or the sucminc[ or Cil invoice or vcuc:,er ror pro~e:"~:" seed,;, or scr'lic,:!:: rur:1i~;'c-= unce:" c c=r:trcc~ or C~:"CC~e:1t with the G~=iite~ sholl c:r.,;~itute a c~rti{jceticn by him ~hct Ct":"loun~s to be oerd do not excc~d maximum cllowcble levels cuthori=cd by th'e C~:st or Living Council regulc~ions or standcrds. Violations shell be reported to the Grantor Agency and the loco/ Internal Revenue Service r;~lrl ".fice. . SUBDIVISION RECONSTRUCTIO~ESTORATION K - 6 . . D. C=i1trc=t~'cn= Subsrc~r::; ci :::::ncunrs in cx=c~:; or SICO/CO shell c::ntoin 0 pr.::vi~ic~ wni::h requir~::; r:,e r!!cipie~t to c;~ce to c:=mply wit~ ell cp.::lic==le ::;~c~d=;c:, crde~~, cr regulctions issued pur::;ucnt to the Cic-:=:-: Air Ac:~ of 1970. Viclcticns shell be re;=crted to ~he Gr::::",.:::r Ase~c! c;-:c ~he Re;icr.ci CFfic~ of the '::;'.I;:-=:irr:e:'":~cl ,:::-=re-=~ic~ Afe:"lcy. E. C=~trcc~s she1l c::nh::n suc~ c:::r.t.cc:tuci ,:rovisions or c::;-:ciitions wnie:, will cl1ew fer cdmir.istr::~ive, C::r.tr:::::tucl, or le;cl remedies in in::tcnce: whe!"e c:::n~rcctcr~ violcte or breech c::ntrcd::; rc~s, end ;:r::vide Fer suc.~ scnc~icns end pencltics os mey be appropriate.. F. AIl "::>ntre"~s, emounts for whi"" ore in ex"e" of $2,SCC', sheIl c:on~cin suitable provision:: for ter~jnetjon by the' S:"c:1~ee includins the ~C."jne... by whic;, if 'NiII be eff~c:ed end ~he Cc::is For sc~tfer.-:c:1t.. In ccc'j~jcr., such ccntr::c~:; shelf describe condi~icns unce:"' wr,ic;, the ccntr.:='c: mey be te:-::1inc:ed rer defcult os well os conditions wnere the ccntrcct mcy be ~er~jncted bec=t.::se or CliC:..::::st.::nce: be;/cnd the controf of the contrector. G. In ell c::ntr::ct: fer C::r.,Sfructicn or fcciiify imF=roverne....,t cwcrded in exce::: or SlOG,CeO, grantees shelf observe' the bending re::;uireme:1ts ;;rovided in A:tcc.~me:1t B to this Circ'.Jkr. H.. All c::r:rrcc~:; cnc'i:;ucsrcnts in exce::s of S10,cOO shell in- clude previsions fer ccmpfionce with Exec:.Jtive Oreer No. 1124.6, entitled, "E:::;ucr Employment Op~crtunity,1I cs_ supplemented in Depertment of lebor Regu.!etions (41 CF?, Per7 60). E:::eh eontredor or subgrentee shell be required to heve en cffirmctive cdien plen whi"" de"lores thet it doe. net di."cimincte on the besis of rcee, e::,fer, religien, "ceed, notioncl crigin.. sex, and cge end wnic., specifies cocl:: COld tCi;et cetes to C!:urc the jmF(eme:"l~cti:::i of ~hct ;:j~n. Tne s;.::n:e~ sheff e5~cbfish proc~du,.es to CS~t.:re c::mplic:'1ce with . . . t... ~ ' f1'11S r~qulre:71C:1t '-iy C.::r:trcc. c,.:; or SWogrc:1tees end to CHur:: t"d 'uspe::~ec or reported violerions ere promptly inve.tigeted. SUBDIVISION RECONSTRUCTION / RESTORATION K - 7 . . COMPLIANCE WITH ?ROVISICNS OF THE V,3CR L~W Pur:.ucnt to -Article a of fhe lc::cr Low, the c::n~i=c~::rls c~~c~tjcn is dircc~~= fo the fOllOwing rec;uirement.s: 1. Section 220..2 wnich recuire! c :Hpvlc~jcn thc~ no rcbcrer, wcrk~::n Or mec:,cnic in the e~plcY' or the c::r.t;-cc~::r, subc=:1rr=c~::r or othc:- :=~;-:.::n c.::ir.S ::r C::-:::-=.:t- in:: to Co the w;'cJ~ or c ::cd or the wcr~ c=nfc~c;cted by the C=:"l~i=c:t shell be -. -' ....' h .. h' .' ", pe:-mdte... or re~~.Jtre= to WOrK mcro t .C:1 erg:''H ours In C:iy one C=i(~:'1CC:" c:y :;:- more then five c'=ys in cny cr:e week eXC~?t in the emersc:1c;e:s se~ forth in the leber low. 2. Seat ion 220.3 whic;, ree;:;ires 0 preVlSlon that each laberer, workman or mec;,anic employed by the contractor, subccntrcctcr or other persen about or upon such public work, shall be paid not less thon the prevailing rote of wages onci shell be provided supplements not Ie,s than the preveilin'g supplements es dete~mine::: by the fisc::d afficer. 3. Section 220..3-= olso resuires thc~ the c:::r:troc~or end every subc=n:rcc~cr on public works c::ntrccts shell pest in c prominer.r end accessibre pIece on the site of the work c lesible s~cte:'nen~ of all wcge rores end supplements os specified in the contrect to be paid or prcviced, as the C:2se mey be, for the vcricus cresses of me::.~cnjcs, .....orkinsmen, or fcbore:,s employed en the work.. 4. Sedien 220.3-e provides thet apprentices will be pe",r.i~ted to work os suc;, only whe:1 they ere registered, individuclly, under c bene fice Frcs:"c~ re;is:ered with the New York Slate Deaodment of labor. The elloweble rctio of ceerentiaes to journeymen in cny croft c!c:sific::ticl!. sherr not be gi"C'Cte:- then the n::'j~ pe;.",itted to the cantrocto,'os to his work force on any job under the re;istered prcsrcm. Any employee listed On a pcyroll ot en cpprentice """'Cse rete, wno is not registered cs above, shell be paid the ~se rct~ determined by the New York State Dep::"ment of labor for the clossificolia" of wcrk he octually performed. The contrector or subcontractor will be required 10 furnish written evidence of Ihe registration of his progrom cnd apprentices as well as of the aFe~op~iete ralios and wage roles, for the cr,,, of construction prior to using eny aFprentice en the contrcc~ work. ." '5. Sedi"n 220-e which ree;uire, pravi,ions by whi~h the cent~actcr wit;' the Slate or municfpclity Csre~s: (a) Tho~ in the hiring of e"'ployees for the performonce of work unde~ Ih'is cenlract ar ony subcentroct here:;nder, no controdor, subccntroder, nor eny pe:-:::cn cc~jng on behclf of such c=n!rcc~or or subcontrcc~cr, shell b:.1 re=scn of rcce, creed, color or national origin discriminate oscinst cny c:i~i::'~n of the Siete of t'-le..... York who is ~uali(jed end ovailoble to perro"," the wor;., . ,." I I 10 wnrC:1 Inc em? oyment re c'~~i (b) Thcl no ccntrcc/er, subcentradar, nor any pe~'an on his behalf shell, in cny mcnne:-, di::;criminctc cgcinst or intimid:::te any emp'oy.e~ hired fer the perfcrrr:cnce 'of work under this contrc::~ on acc=unt 0; rcc~, creed, color or nationelorigin. (Your otten/ion is directed to the provisions of the Stote law Ogoin'l Discriminolion which al;" prohibit disariminetion in employment be"ouse of age); SUBDIVISION "RECONSTRUCTION / RESTORATION K - 8 . . (c) Thet the'e mey be de:ucte: from the emev"t P'=yeble to ~he COr'ltrector b:- tne Stc~e or mvnic:;pcli~y uncic:, ~his c=ntrcc~ c pe~clty or fiv~ c::::llci':; r;:r ec:::.~ , . . " ,., I . ,.. . . . . . . c=.e:'1c::r c:y cur:r:; WnIC:i :'UC:1 FC~~::~ ......e: c::..::;,,:r.-:lnc,~: c;::;r::t cr Ir.tl:"~-::.==~e= in violcrien of ~he pr::visic:"':s 0: the c=r.j;,"cc~; . (d) Tnet this COr'ltr::ct mey be cOr'lcelle: or I'''''';''eted::y the S'cte or mUr'l;ciool_ . 'I ' b . h ' '. _. . _ i~y, one c. moneys cue or to ec::;.-:e cue ercuncc!" me;" ::::e r:::-tedc,=, tor c se:::::nc or any suf::se~ue:"lt viclc~ion of the tc:"m~ or c::nc'iricns or this se:::tic:'"l or the c::ntrcct. 6. The aforescid provisions of Section 220-~ whic:, covers e.....eiy c::ntrcct for Qr:::n bencif of the Stote or municipality for the mcnufccfure, sofe or dist.icUl"icn'Qf mcte:-ic!s, e~ui;rr:e:1t or supplies shell !::e limited ~o op~:,,:::icns pe:-for~ed wif!-:io-: the ~e!"ri~crjcl limits of ~he Stcte 0; Ne..... Yerk. 7. Se:::ticn 222 which require:- thct prcrerenc~ in em?loyme:it sr.cfl be siven t~ citi- ze:1S 0; the Stote or New York wno heve bee:1 resiccr.t~ fer ot lec:.t' six C:::r.se::::..r~jv' me"ths immecietely prior to the commer'leeme,,' of their employmor'lt; thet ;:e"cr'lS othe:- theo-: citizens of the Stete of New York mcy be e:ilpJoyed when such citi=~:,,:s ere not evailcble; ene thc~ if the re~ujreme:1h of Section 222 c::nce:-ninS pre:e:... e:"lce in employment to citizens of the Stete of New York ere nct c:::mplied with, tn e c::::r:tr::c~ she Il !:: e void. 8. Se=~icn 222-:: which requires thet if in the C::Jr.s~r~cticn of the public wor.< e hcr:-:-:ful cust r:c==.d is c;e-::ted for wnich c~F'icnces or methccs for the e[imir.:::t- ticn of hcrmFul eust hc::::rd is cre-::te:::: for whic;, c;::c/icnces or methods for the elimincticn of hcrmFul dust hove tken cp~roved by'the Bc::rd of Stcndcrd Appec!s, such cp?licnces cr methocs shaJI be ins~cllcd end mci;'toined end efrec:iveIy operct~d by the c::ntrcctor; end thet if' the previsicns of Sec~icn 222-= conceming hermful dust he=erds ere r'lot comp!ie: with, the centrod shell be void. OHiE" R'ECU IRE,\iENTS Eve,y Stc!e COr'ltrectir'lg egency, ir'lc!uci"g Public euthorities, mu,t include in eec:, COr'ltrcct pereg'c;:"s (c) !hrougr, (g) of the $!o,"cord Sle!e COr'ltrect cleu'es promuI;;:oled by the Geye,r'lo; on September 12, 1963 end emended November 14, 1963. L ~ I .-. . . h L e~cr e.eSSlllcet'em not oppee"ng cn t e accompenylng scnedvle of wcge' COn be used o"/v with the conser'lt of the department cf juri,dicUcr'l er'ld ther'l the rete to be peic will be g;y,,~ .by, the depcrtmer'lt cf juri,ciclicr'l cfter being edv;'ed by the New York Stete Depertme"t of lo:cr. -. ,ne COr'ltroc!c, '.:"c/1 meke '"cr, ,crcV",cn fcr di,ebllity benefits, werkmer'l" compen:clien, une.":1pIoYmer'lt i"'vrence, ,ociel ,ec:uity er'lC ,efety cede provi'icns es ere re,,:Jired by Ie...... SUBDIVISION RECONSTRUCTION I RESTORATION K - 9 " . . I R I 1'" 'h <;. C '- f '-' .. , , Generc,', ":;" elien No, ,cs I"='ue" oy " e _,ete o,,",m'''len cr, ,,,mcn ',Isnt" r~~:..:"o, the/' e=c:~ c::ntrcct c::ntc::-:: c sfi:;:u.1c::C:1 thc~: ~'It i:> he:""~::y cS:-'.:=-= cy en: =erWC~:"l. the 'h h' J' I "~, I' " " pcrtles I erc!o t ct eve~'y c::r.trcc~cr C:"':-.; SUCc:n r=c:or engcse-:: In t..e ;:::":0 Ie wcrx cesc:-::::e-= h' , II '- I ' '. t..' ."" 'II ' in t IS c::nlro::~ St'iC p::st cr;c mCln ern cr e-:=C:i or ..IS e!'C::)lls.~m~:1t:s ::-:o:t c ?JCc~s cl" ' "h ' 10 I' 0', , ,. I . '~ . IN' _.... wnlc." t. e ?UO Ie worK CeSC;"I::ec ne:"e~ncer IS Oelng c::ncuc.ec, he C~IC~ or ~~e ~tcte Ccr::mission for Humon Rishts incic::ring the substcntive previsions of the Low ":"s.::inst Dis.:::-imincticn, wnere complcints me:" be riled, end other pc:"tincnt infOr."i':cticn. Sue;' Notice shell be pested in e<:sily cc".ssiole end well li,;;,tcd pieces C",/omerilv freQuented by'employees end epplieonts fer e"'pleyment." The Netiee mey be e:"eined fro", ~;'e de"ertmen,1 hcving jurisdiction, er rrom the effic", of Ihe Stete Co",mi"'cn fee i-iu,,",cn Rj,;~t\ in the resFe::tive cree... Yeu ore re<:;ues~ed to recec to ':'e Sureou of Public Werk ell c~erges oc cj,eciminetien in employ,,",en/ inclwein,; di:ccim,ne'ion'oecouse ef ege, rcce, cceed, color er nC,:ienel orr,;:n SUBDIVISION RECONSTRUCTiON / RESTORATION K - 10 .--.- '--..- . . Se:CTIO!'1 L NON-DISCRJIvIINA TION CLAUSe: During ~he ;::erfol":7:cnc~ or ~his c:ontj"CC~, the contrcc:~or csre~:. os felfew!: c. The Cc..,t..=c~cr will net discdmincte cscinst cny emplcyee or c.=F=!;c:nt ref emp:lo~_ ment bec::uSoe offace, c::e~d, color, or nctioncl origin, and will toke cffir":":ic:-il,le ecHon to insur~ that thC'1 ere cfforded equal employment opportunities without disc:iminct'icn bec::use or rece, creed, color, or notionol origin. Such cc~ion shell be teken wi th referenee, but not I imi ted to: recrui tment, employment, job assignment, promotion, upgrading, demotion, transfer, IcyofF or tcrmirictionl rotes or pey or other forms of compen~tion, end sclec~ion for training or retrcin- ing, including cP?renticc~hip end on-the-job. training ~ b. The Contrcctor will send to ecch lebor union or re?resentctive or workers with which he hcs or is bound by c collec;;ve bcrsoining or other cgree~ent or understondins , o notice, to be provided by the Commis.ion of Humen RighI., edvi.ing sue:' lebor union or representctive 'of tne Controc.tor1s osreement under clcuses lie." througn "h. hereincfter oIled "non-discriminction clouses", ond requesting such Icbor union or representcrive to cgree in writing, whether in such collective bcrgcining or other agreement ar understanding or athef"Nise, thc~ such locor union or representative wit! not discrimincfe ogoinst cny member i!r cpplic:nf' for memeership because of roce, creed, color, or notionel origin, end will teke effirmctive oc~ion to insure that they ore cfforced equol membershtp oppor~tJnities without discriminction because of ieee, creed, color, or nctione! origin.. Such cction sholl be token with reference, but not be limited to: rec:ui~ment, employment, job cssignment, promotion, upgrecing, ce- .' motion transfer, leyofF ar termination, retes of pay I or other for.'ils of comcensction '. . , cnd seJec~ion for training or retraining including apprenticeship end on-the-job troin ing. Sueh notice shoJI b.e given by the Contrector, ond such written agreement sholl be mede by such lobor union or representative, prior to the commeneement of per- formances of this contract. If such lobar union or representative foils. or reru~s so to agree in writing, the Contrcc~or shell promptly notify ~he Ccmmissjcn for Humcn Right. of such failure or reFu.ol. C. The Contrector will post end keep posted in eon'pie:.Jcus ploces, evoilable to empley' and opplic:::nts far employment, nolices to be provided by the Commission for Humen Rights setting fath the substance of the provisions of clouse! lie." end lib. II end such provisions of the State's Lews against di~crjminotion os the Commission for Humcn Rights shell determine. d. The Contrector will stote, in ell ,oriciletions or advertisement. For employees pieced by or on behclFafthe Canlrector, thet ell qu.olif!ed epplicont. will be offorded ecue employment OFPortur:~tie: without discriminction bec::u:e of rcc~, c:eed, c~lor, c~ nctier:a! orisin. SUBDIVISION RECONSTRUCTION / RESTORATION L - 1 . . e. The Contrec~er will c:mply with Ihe prOVISion' of Sectien, 291-299 or the Exei:Jti Law and rhe Civil Ri~nts Lew, will Furni,h ell inFormetion and reFarls deemed nee scry by the Commission for Humcn Rights uncer these non-di!;crimincticn clcuses c~ such sec~icns of ~he Exec~.dive Lc'N, ene:: will, pe~it ccce~s to his bock:, re:::rds, cnd CC::::=unts by the C=mmis:;icn for Humen Rights, end' Cwnc:" re~re~c:~:::~ive!/c=l.. for purpc.ses of invc~:js::tion to osee-rtcin cot":"lpljcnc:~ with these ncn-disc~irn.inc~i:::::r douses end such sec~ior;s or the Executive low end Civil Rigr"lts low. f. This Contract mey be for:hwith ccncclled, termjnc~ed, or slJspenced in wnole or ir porI, by the centrectin~ ogency upon the besis of a Finding mad" by the Comrnissic of Humen Rights thet the Contractor has not complied with these ncn-disc:-iminc:tio clauses,_ and the Contracler may be decl/:red ineligible fer Fu~ure cantrect. mode c or on benelF of Ihe Owner/Contrecting Agency unlil he satisfied Ihe Cemmissian fe Human Rights thot he has established and is c:rrying out 0 program in c::mrormil"y w the previsions or these non-discriminction clauses. Such findins shoJI be mode by Commission fer Human Rights ofter conciliation efforts. by the Commission h~ve reil to'cchieve compliance with these non-discrimination clauses end ofter c verified c ploint has been filed with the Commission, notice thereof hes been given to the Cc trador and en opportunity has be"n aFFord"d him ~o be heerd publicly before Ihree members of the Commission. Such scnt~ons mey be imposed end remedies otherwi~e provid"d by lew. g. If this Contrael is c::lncell"d or terminaled under clause "f:', in edditien ta other rights of the Owner provided in this contract upon its breech by the Ccntrcc~~r, th, Contractor will hold the Owner hcr~less ogcinsf cny cdditional eX?en~es or c:o:s;s ir c:.Jrred by the Owner in c'=mpleting ~he work or in purc:r.csing the. services, materic: equipment, er ,upplies cen.templatcd by this contrecl, end Ihe Owner mey wi~hholc poyments frem the Contrector in en cmount sufficient for this purpose cnd reCOurse mey be hod egeinst ,he surety an the perfarmence bond iF necessery. h. The Contractor will include the provisions of clauses .'c.", throt:1gh "g~1 in every sub contract or purchase order in such a manner- that such provisions will be binding up' eo.::h subcontrcctor or vendor os to operations to be performed within jurisdictione I /ocele af the Proiecl being centrected by the Owner. Tne Contreclar will take SUe cction in enforcing such provisions of such :subcontract or FurC;,cs.e Os 'the Owner/ Contracting Agency may direct, including scnctions or remedies for non-complicnc Jf the Contrector becomes involved in or is threatened with litiscticn with 0 sub- contractor ar vendor es a r",ult of such direction by the Contreeling Agency/OWT'le- the Contraclar ,hell promptly so notiFy ,he Owner's repre,entatives/ceunsel, reGue: him to intervene cnd-protect the interests of the Owner (Contrccting Agency's jurisdictioneloree). SUBDIVISION RECONSTRUCTION / RESTORATION L - 2 - " ~ . . GENERAL CONDITIONS A. The contractor shall sUPply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the -contractors expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if 'they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. F. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. G. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All brush & debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. SUBDIVISION RECONSTRUCTION / RESTORATION Page 1 , ... . . SUBDIVISION RECONSTRUCTION I RESTORATION PART 1 - GENERAL 1. 01 RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard drawings attached. 1. 02 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Highway Specifications. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the fOllowing: A). Clearing & Grubbing of overgrown shoulder areas. 1. All shoulder areas within this subdivision shall be cleared for a minimum of seven (7) feet behind the eXisting curbing. All existing shoulders that have been satisfactorily maintained will require no work. 2. All eXisting underground utili ties and any existing road construction materials shall remain. Any items removed during clearing & grubbing shall be replaced at the contractors expense. (ie. pavement, concrete curbing, telephone lines, drainage structures, etc.) 3. All reconstructed shoulder areas shall receive a minimum of four (4) inches of topsoil and seed. Seeding shall be a mixture of 65% Kentucky Blue, 20% Perennial Rye and 15% Fescue delivered at the rate of four (4) pounds per 1,000 square feet. B). Clearing & grubbing of road surface areas. 1. All grass, brush, trees and vegetation that has grown up within the pavement area shall be removed in its entirety. SUBDIVISION RECONSTRUCTION / RESTORATION Page 2 - t", . . 2. All grubbed areas shall be treated with a herbicide that is approved by State & Local Codes. The application of the Herbicide shall conform to the manufacturers recommended specifications. C). Clearing & grubbing of the Recharge Basin. .... 1. The. perimeter of the. recharge basin shall be. cleared to a minimum of five (5) feet outside of the existing fence. The existing chain link fence is to remain. Care shall be taken to protect same. Any fence damage due to construction shall be repaired by the contractor at his expense. . 2. D) . The interior of the recharge basin shall be cleared in its entirety. The existing side slopes of the basin shall be regraded as necessary to provide a maximum slope of one of fou~. Installation of new drainage Pipe & Manhol~. all eXisting underground utilities prior installations.) (Verify to new 1. New 18" Dia. Corrugated Metal Pipe (or approved equal) shall be installed in the shoulder areas of the existing roads between the catch basins located near the Rte.48 entrance of the subdivision and the catch basin adjacent to the recharge basin along Stony Shore Drive. See schematic drawing attached. 2. Two (2) four (4) foot diameter precast concrete manholes with cast iron metal frames and solid covers to grade shall be installed in the existing shoulder areas to accommodate the new pipe installation. Exact location to be established during construction. See schematic drawing attached for approximate locations. E). Patching & Resurfacing of existing Roads. 1. All pot holes, cracked surfaces and areas cleared of vegetation shall be patched with hot mix Asphalt. Minimum patch thickness is two (2) inches. SUBDIVISION RECONSTRUCTION / RESTORATION Page 3 . ,. 1. 03 1. 04 1. 05 1. 06 1.07 A. A. . . 2. Upon completion of all other phases of construction the entire road surface shall be resurfaced with one course of oil (RC 250 - 0.3 Gal./S.Y.) and Blue Stone (1/4" Stone - 25 Ib./s.Y.) See standard highway specifications for additional information regarding pavement requirements. STANDARDS: A. All new construction shall comply with the following reference standards: 1). Southold Town Highway Specifications. CONTRACTOR QUALIFICATIONS: A. Contractor must qualifications: show evidence of the fOllowing 1) . A minimum of five (5) in road construction experience. years continuous experience and drainage installation QUALITY ASSURANCE: A. The contractor shall be responsible for verifying all eXisting conditions and limitations. The extent of clearing and the amount of Asphalt patch shall be verified by the contractor prior to sUbmitting his bid. B. The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: Deli very, storage and handling of drainage pipe, concrete castings, paving and. surfacing materials shall be in accordance with industry standards. JOB CONDITIONS: Asphalt patch work: 1). No asphaltic concrete shall be laid during wet or freezing weather. 2). Protect newly laid asphaltic concrete work from rainfall until it is completely set. 3). No asphalt or bituminous materials shall be placed when the outside temperature is below SO degrees F.. SUBDIVISION RECONSTRUCTION / RESURFACING Page 4 ~~."""""~--P>-'.",...,.-~-.--<-.'- .. ... . . ~ SPECIFICATIONS SUBDIVISION RECONSTRUCTION & RESTORATION: SHORECREST @ ARSHAMOMOQUE COUNTY ROUTE 48 SOUTHOLD, NEW YORK 11971 AUGUST 9, 1994 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT ..ECONIC LANE PECONIC. N. Y. PECONIC LANE P.O. Bo~ 178 PECONIC. NE~ YORK 11958 516 765 3070 . J . . PROJECT DESCRIPTION SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE TOWN OF SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE RECONSTRUCTION AND RESTORATION OF ALL EXISTING ROADS AND DRAINAGE FACILITIES LOCATED IN THE SUBDIVISION. GENERAL DESCRIPTION: * CLEAR AND GRUBB ALL SHOULDER AREAS FOR A MINIMUM OF 7' -0" BEHIND EXISTING CURBS. PROVIDE TOPSOIL AND SEED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * CLEAR AND GRUBB ALL ROAD SURFACE AREAS OF GRASS AND VEGETATION THAT HAS OVERGROWN THE SITE. ALL GRUBBED AREAS BETWEEN THE EXISTING CURB LINES SHALL BE THOROUGHLY TREATED WITH A HERBICIDE THAT IS APPROVED BY ALL STATE & LOCAL CODES. * CLEAR AND GRUBB THE EXISTING RECHARGE BASIN. PROVIDE A MINIMUM CLEARANCE OF 5' -0" OUTSIDE OF THE EXISTING FENCE LINE. RESHAPE THE INTERIOR OF THE RECHARGE BASIN TO A MAXIMUM OF ONE ON FOUR SLOPE. ALL EXISTING FENCE SHALL REMAIN. ALL DAMAGED FENCING SHALL BE REPLACED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * PROVIDE AND INSTALL APPROXIMATELY 400 L. F. OF NEW 18" Dia. CORRUGATED METAL DRAINAGE PIPE AND PRE-CAST CONCRETE MANHOLES AS REQUIRED TO CONNECT THE EXISTING CATCH BASINS AT THE MAIN ENTRANCE OF THE SUBDIVISION TO THE CATCH BASIN AT THE ENTRANCE OF THE SUMP. * PATCH AND REPAIR EXISTING ROAD SURFACE WITH HOT PATCH ASPHALT. (MINIMUM 2"THICK) RESURFACE ENTIRE ROAD SURFACE WITH ONE (1) COURSE OIL & STONE. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE: S.T.E.D., PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER _ (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. ~ 1 . . INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AlA Bid Bond Offer of Surety A-1 through A-1 B-1 through B-3 C-1 through C-2 D-1 through D-2 E-1 through E-1 AlA Document # A310 F-1 through F-1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions AlA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor RegUlations Non-Discrimination Clause AlA Document # A201 G-1 through G-2 AlA Document # A311 H-1 through H-1 J-1 through J-1 K-1 through K-10 L-1 through L-2 CONSTRUCTION SPECIFICATIONS General Conditions Part 1 - General Specifications Partial Site Plan Page 1 Page 2 through 4 SP-1 ....... . . INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and reatoration of all roads and drainage facilities in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Southold Town Hall, 53095 Main Road, Southold, New York until Clerk, 11971, 11: 00 AM, Thursday September 1, 1994. All Specifications are provided herein. A fee of twentY-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: July 26, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 "' , 1 . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they will be released or returned to the respective bidders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fUlly inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. SUBDIVISION RECONSTRUCTION / RESTORATION B-1 "" . . . D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of cont ract wi 11 be made as soon as pract i ca 1. a cont ract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a pe r i od of 45 days pend i ng execut i on of a cont ract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AlA Document Al0l "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town wi 11 either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposa 1 s. The accept ance of a proposal wi 11 be a not i ce in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of t he bonds sha 11 not be 1 ess than one hundred percent (100%) of the contract price of the work. F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. SUBDIVISION RECONSTRUCTION / RESTORATION B-2 ...... . . G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. TIME FOR EXECUTION OF CONTRACT Any bidder whose proposa 1 sha 11 be accept ed will be requ i red to appear before t he Town in person; or if a firm or corporat i on, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. . The damages to t he Town for such b reach wi 11 i nc 1 ude loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to .compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Cont ract, and the reupon, his proposa 1 and accept ance the reof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. SUBDIVISION RECONSTRUCTION / RESTORATION B-3 . . PROPOSAL FORM DATE: ~ (cyp-~'f'(\e~ -Tnc. I NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORECREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION / RESTORATION C - 1 ~ . . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: _k'~~~~~~~~ (written n words) ~ Q2., \ 5L. 00 (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. jSignature of Bidder: dQ L . Business Address: J) ,(). b() Y- g Lo 4- Hf'ln\O-uY,) y) ~ IJ qS L/- Telephone Number: 5111> - CeLoS--- ~ Date: A-u.~ld \.~Ly-Ylqtf SUBDIVISION RECONSTRUCTION / RESTORATION C - 2 ........ , , . . STAT~T OF NON-COLlUSION ; (To be Completed by Eac~ Bidde~) I~ accordance ~t~ Section l03-d Gcne=al Mu~cipal Law, ef=ective Septamge= 1, 1966, ever] bid or proposal hereai~ar made to a political subdivision of the State of any public depar~ent, agency, or official t~e~eof or to a fire dist~ict or any agency or official thereof for work or services perfor.ned or to be perfor.ned or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affir.ned by such bidde~ as true under the penalties of perjury; non-collusive bidding certification. A. By submission or this bid, each bidder and each person 5ig~ing en behalf of any bidder ce~tifies, and in the case of a joint bid, each party t~ereto certifies as to its awn organization, under penalty or perjury, that to the best of knowledge and belief: (1) The prices in this bid nave been arrived at independently without collusion, consultation, communication, or agre~ent, for the pur?ose of restricting competition, as to any matter relating to such prices with any other bidder or any competitor. (2) Unless other.ise required by law, the prices which have been quoted in this bid have not been k..owingly disclosed by the bidder and will not kncwingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to a~y competitor. (3) No attempt has been made or will be made by the bidder to induce any othe= person, part~ership, or corpo~ation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully info~ed himself regarding the accuracy of the statements contai~ed in this certification, and under the statements contained in this certification, and under the penalties of perjury, affir.ns the t=~th thereof, such pe~alties being applicable to the bidder, as well as the person sig~ing i~ its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the a~ecution of this certificat~ by the signator of this bid or proposal in behalf of the corporate bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 ~ " . . RESOLUTI,ON Resolved that j)e;~ G-r>- Lm~ . (~ame of COr?oration~ Tne, be authorized to sign and submit the bid or proposal of this corporation for the follm.;ing Proj'ect: ...f2~(P(,(f'.~t-- ~ 5ClbAw'ISlon \2QC'Clrl>+rUr11 ~ , (Describe Project) r ~ ( t!Yl, and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Munioipal Law as the act and deed of such corporation, and for any inaccuracies or mis-state~ents i~ suc~ certificate tbis corporate bidder shall be liable under the penalties of perjuty. The foregoi.:lg ~e i 't:0 is a t=ue a:lc cor=ect copy of , (Yn ~/~ ) r- re. the resolution adopted by corporation at a meeting on the Board of Directors held on the ~ day or ,Au ~11 cl- , 19.3j- (S~\L OF TdE CORPO~~TION) / Laws of New York, 1965 Ch. 751, Sec. 103-d, as amended d=fective S€?te~ber 1, 1965 A-.-e c ~L Y-e/.oj SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 ~ . . NEW YCRK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: kei Y-n BIDDER'S CERTIFICATION &J2, tnPS Tnc-. )(Bidder) Certifies that: 1. it intends to use the following listed construction ~rades in the work under the contract er'C~f~ lo--bo(el.C, rna<.NV.~ qS,~\\D-1 {- cl", . )) I I ;and, 2. a. as to those trades set forth in the preceding paragraph one hereof for which it is el igible under Part 1 of these Bid Conditions for participation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of Jhat Plan, those trades being: Aa"f\'\(). \~ I~ Sl>--frLL/ ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subjec to thes.e Bid Conditions, these trades being: ~ ;and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. \l~<b ~k, , (Signature of Authorized Representative of Bidder) SUBDIVISION RECONSTRUCTION / RESTORATION ~ E - 1 f . . THE AMERICAN .INSTITUTE OF ARCHITECTS . AlA Document AJ10 Bid Bond Bond No. GE5637041 Bid Date 9/1/94 KNOW ALL MEN BY THESE PRESENTS, thatwe Keith Grimes, Inc. {Here insert full n.moe .and .addreu or leg,,-I lille of Contr<lctorl 23 Fairlawn Drive, Montauk, NY 11954 as Principal, hereinafter called th~ Principal, and Gulf Insurance Company (Here insert full n.ame and .address or leg.1 title 01 Surety) 5550 West Touhy Avenue, Suite 400, Skokie, IL 60077 a corporation duly organized under the laws of"the State of Missouri as Surety, hereinafter called the Surety, are held and ttrmly bound unto Town of Southold (Here insert full n..me I.nd addreH or legll tille of O";"nerl as Obligee, hereinafter called the Obligee, in the sum of 5% of the amount bid of one hundred thousand dollars, not to exceed five thousand dollars and 00/100 Dollars ($ 5,000. ), for the payment of which sum well and truly to be made, the said Principal af;ld the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointlyand severally, firmly by these presents. . WHEREAS, the Principal has submitted a bid for Drainage mooifJ.cat1on. aSDhalt. reoair.. (Here Insert full name, aac:ess ...tid-descnpclon"Or-prolf!Cll clearing and grading Shore Crest at Arshamomogue, Southald, NY NOW, THEREFORE, if the Obligee shall ~ccept the bid of the Principal and the Principal sh.all 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 go("l~ and. sufficient surety for the faithful performance of such Contract and for .the prompt payment of Ia.bor and material fumisheo in the prosecution thereofl 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 Oblise~ 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 contnet with another party to perform the Work covered by said bid} then this obligation shall be null and void,.oth4!rwise to remain in full force and effect.. Signed and sealed this 29th day of August 19 94 -lU0RV 15~1 itJ1ess) Keith Grimes, Inc. f 0 (PQ:: ~ s--- (Title) (Se,/) . (Witness) Lois A McCord Att rney-In-Fact AlA COCUMl::'\T .U1G . BID BOND. AlA ~ . FEBRUARY 1970 EO . THE MERlCAN If"OST1TUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINCTON, O. c. 20006 1 , ~S[3[e of .}ss: . CountY of E .. .. E " co ." .. '. "i =a g .=... ~ On this day of ,19 before me personally car::,; and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he exec:..:::,:: the same. to me know'- My comm.ission expires Notary Public --------------------------------------------------------------------- State of County of } ss. E .. E '" e] ~1 c: ... u 00( On this day of 19__ before me personally ,-:.],-.. to me known and known ~c -- to be a member of the firm of described in and who executed the foregoing instrument. and he thereupon aCknowledged to me that he executed O1e same as and :Dr .~ act and deed of said firm. My commission expires Notary Public -------------------------------------------------------------------- State of Count'( of } ss. On this day of _ 19__ before me personal:'l:2:- E a E , to me \:"".: ,', . .- co !'i 8. 1: who being by me duly sworn, did depose and say that he is the ~ 0 o c: <.l... .:l of the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixec . 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 ;--. name thereto by like order. My commission expires Notary Public --------------------------------------------------------------------- State of New YOrk Coun ty of Nassau } ss. c .. E l:~ .. .. :;"1 '" 0 c: ... u 00( On this 29th day of August ,19 94 . before me personally came- Lois A. McCord to me known, who, being by me duly sworn. did depose and say tha c he is an attorney.in.fact of Gulf Insurance Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the sea: affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney.in-Fact by authority of the Board 0':' :Ja~!-~~- ~iO~d by authority of is office under the Stan::li~Jsolutions thereof. My commission expires .,.. e... ~ 10/0 ,," ~_ ~ Public FOPM # 13 . GULF INSURANCE COANY ,. .. KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WIlEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact, sllch persons, firms, or corporations as may be selected:frbm time to time; and any such Attorney-in-fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal ofthe Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint Lois A McCord Borm . NUMBER GE 5637041 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP Keith Grimes, Inc. 23 Fairlawn Drive Montauk, New York 11954 EFFECTIVE DATE 911 /94 CONTRACT AMOUNT $ 100,000. BOND AMOUNT $ 5,000. its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to sign, .e;xecute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as.~lIy -and'to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the GutiJasurance Company and all the acts of said attorney(s)-in-fact, pursuant to the authority herein given, are hereby ratilied and confirmed. --:..~, The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, the GuIflnsurance Company has caused these presents to be signed by any omc~r_-o{the Company and it.'i Corporate Seal to be hereto affixed. STATE OF NEW YORK COUNTY OF NEW YORK On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments 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. u~~ SS STATE OF NEW YORK SS GULF INSURANCE COMPANY ~ [j(~ Christopher E. Watson President David Jaffa No. 24-4958634 Qualified in Kings County Comm. Expires November 13, 1995 COUNTY OF NEW YORK I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. c:;uRANCt; ,~ Co Signed and Sealed at the City ofI\"ew York. '<. o(!.POfT"1!' {...o 2i (j ~-;. c:l -< Dated the 29th day of August ,19 94 Lp~ Lawrence P. l\-linikr Senior Vice Pre_'iident . 1IIIIIIllllijlllljllll.IIIJlllljllll)llllllIlljlll~1111I,1lllljllllilllljlllljlllUII Foro I "'i{<( A~} a,llAln cottrW(I- Hlrx:'''1l0H mllaH ~~-I~~;~;:-;-~~~Irr(:~'~:;~:d-~lh.r '".. or '.,vr... ~I\"r trothl 1...l"oln". t~, I'r'"h~ II..... '"" rt'''u,,, l~ ,"" ~h"k. If not ""'''';'' ."',,, .... ,.."". ,. ...r..'." "'J\"N r~ilj"Ai." 'ST AT'E M E NT FOH lIlE YEAH EtIlJEO OECEI1UEH 31, 1993 'p,roprlll,IT '''Ufl.. IhllI h or TilE COHOIlIOH AND ^rFAlllS OF TIlE GULF INSUHANCE COMPANY NAlC Group Cod. 041 Organlzod und.r usIng NAlC Company Cod. 22217 tho Laws or tho stat. or as tho Port Employ.r's 10 Number Hlssourl o"~ntry, mad. to tho .."....'.' 43-6028696 INSUHANCE DEPARTMENT OF TilE STME OF Incorpora hd Statutory Hom. orrlc. Haln Admlnlstratlv. orrlc. January 22, 1940 PURSU^HT TO TilE L^HS TlIEREOr COllln.nc9d Business January 29. 1940 4436 Haln, Suit. 400 Kansas CIty, Mlslourl 64111 4600 Full.r Drlv. Irving, T.xas 76030-6606 214-660-2000 Hall Addre.. P. O. Oox 1771 frlmary location or Oooks and Records IrvIng, Texas 76038-~606 Annual Statem.nt Contact P.rson and Phon. Number Dallas, Texas 76221-1771 4600 Full.r Drlv9 214-660-2800 Dav I d Harsha 11 Oarb.r . 214-660-2906 CHAIRMAN OF THE BOARD, PRESIDENT AHD CIIIEF EXECUTIVE OFFICER OFFICEHS John Hoore Fowler SENIOR VICE PRESIDENTS lIerbert Scott Frltt. Wa lter lIayden LawrencI Patrick Mlnltlr VICE PRESIDENTS Klnneth AdrIan Box Norman Gayll Butzow GIorgI JamlsClough Jr, G9n9 Waltlr Gollmbllw.kl A Ian Lee Ingber BIll Wayne Mellick Rob.rt Harlen R9b9r 090rg. RodnlY RIckel. Steve Ann StockstIll WIllIam Alan Szerllp , Olen Edsol WhIte Kent WillIam Zlegllr REGIONAL VICE PRESIDENTS William Grlgory A.hton Donald Clifford Danfll!. EXECUTIVE VICE PRESIDENTS Oscar Lea Ayen Jon Michael Livers Chrlltopher Eric Wallon SENIOR VICE PRESIDENT. SECRETARY AND GENERAL COUNSEL Donald Thomal DeCarlo SENIOR. VICE PRE SlOE NT ANO ClllEF FINANCIAL OFFICER J.rom. Tonra Fadden SENIOR :VICE PRESIDENT AIlD CIIIEF INVESTMENT OFFICER Hare Philip Weill VICE PRESIDENT AND CLAIMS ATTORNEY H.rbert Alrred Alves VICE PRESIDENT AND ACTUARY Jamel Henry Kreuz.r ASSISTANT CONTROLLER Sharon ElaIne Seabolt ASSISTANT TREASURER Wayne Reed Zachary Jr. DIHECTOHS OR TRUSTEES Oscar Le. Ay.rs Jerome Tonra Fadden Lyndon Lowell Olson Jr. WIllIam Theodore Bozarth John Hoore Fowl.r Christopher Eric Watson Donald Thomal DICarlo Jon Mlcha.l Ltv.r! Harc PhilIp WIllI Shh If I.... ) .. t.,,,,,.I I1I1h, .kIh" 14. '....1.,. [1I.........r "'f .....". r...l"...t . [hlo' hUltl... Off In,., J,,.~. T, h....~.. St...". "u r,,",ld..., . [hId ''',...chl Offlur-, 1111".11, luher)'. 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II'!" 22) ......................................................,....................... OWIlS or lo'IutHIIS AOGUGAtED AT mK Z3C fOR OIHER THAN SPECIAl SlJRPlUS ,unos - mtll. 1.1(ot. ,'CO). '1r.04. ')(OS. -)('8. .................................. ................................................................. .............................................. .......................................................................................... ............................................. ................................................................................. ......................:............................ . ................ ............................ ............... ............ .... ......... ..................................................... h_.rr..r ,...1..1", ""Irln. 10' It.. UC htlll ..m;;~~';;;;.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: lcn. 101M' fHu. U(OI lh... UC(lS rlu1 UC9.AJ (r.g! l. II~.. lJq .......................................................................... 3 \-~l~--;ri".:.,.rn""'r".nT',..,..'lI1W'\I.l....,I' ',"""':\""l "''''~''' ....... ,...'. ._"..~ _ --~--_..__..- .--- . Om.hrJl,ItU m,'''.lU J1.J10.~0.t J.lH.lll 704.~!oI) 3.'10.OU U.tU.lll 3.750,000 l.lSl,1l8 1.1".sr, I,J8I,053 m.m 4.'4'.J'1 '.IJl.m 8.W.OOl . )0'.610,211 ',Soo,ooo 110,J05.SSI1 J14.8U."l m.4JJ.550 In,oU,Il1 1.10l,m I.W,OIl 8.4ll.oo1 Dtu.hr )J,ltn 140,511.40l lll.~11.17) '.44'.071 !in. US r,us.ts~ 1J,11l,IU I,)u.orl 1,11',191 2,IU,lU U5,US l,UI,412 JO.206.549 I,JU,1I11 114.555.911 ',500.000 lot,U8,7(14 ,.~.lU.m roo,Jll,n5 SIf,U',1J1 lI5,e.5 1,100,m 1,1".011 J . . THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full nollme olInd .ddress or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full n.me and address or leg,l] title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full n.me .and address or legilll tille of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), 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. W HER EAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Pi'incipal and the Principal shall enter into a Contract with rhe 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 ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, ot~rwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) { (Title) (Principal) (Seal) . (Witness) { (Title) (Su,ety) (Seal) -:;",. AlA DOCUMENT All' . BID BOND. AlA 8. FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WAR~ING: Unlicensed photocopying violates u.s. copyright taws and la aubject to I~al pro:secutlon. , , . . OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said the (Bidders Name) will execute (Surety Company) the Surety Bonds as herein before provided. Signed: Authorized Official, Agent, of Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID HAY BE REJECTED. SUBDIVISION RECONSTRUCTION / RESTORATION F - 1 ...... . . SUPPLEMENTARY GENERAL CONDITIONS The fOllowing supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, sUbparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 11.1.1 Contractor's Liability Insurance. In the first line fOllowing the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: The Contractor shall furnish insurance with the fOllowing minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION G - 1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor I s Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 $ 1,000,000 Aggregate, Completed Operations. Each Occurrence Products and b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability include Coverage for hazards: C (collapse), U Insurance shall the fOllowing (underground). e. Contractual Liability (Hold Harmless Coverage) : f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liabili ty (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 ....... . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that tHere insert full n~me ,lnd .lIddress or legoll.! lille of (onlt.llClor) as Principal, hereinafter called Contractor, and, (Here insert full n.llme .1nd address or leg.lll lille 01 Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full ""me ;and i1ddress or leg.l tille of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ J, for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated {Here insert full name, .lddress and descripllon 01 proj(>(l} 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by IHere Insert full naml!' and dddrl"U or leg.l lllle of Archilect! which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~A DOCUMENT A311 . PERfOR,\\.A:'>.IU BOND AND lABOR AND MATfRIAl PAYMENT BOr\O . AlA @ ~EBRUARY 1<):-0 [0 . THE AMfRICA'\i 1~5TITUH OF ARCHITECTS. 1;'1, :'\O_y, AVE., N,W., WA~HINCT{)N, D. C 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecU1lon. . . PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hE'reof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner 10 Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on thIS bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or succeSsors of the Owner. 19 i lPnllup.I/! IS(",)I) fWjln('.o;_~) ITi/fd i ISw('/rJ 15(",11) (Witn('.\.\) (1'itlt'J ...... DOCUMfNT 4311 . PERfORMANCE BOND AND lABOR AND MATERIAL PAYMENT BONO . AlA @ fERRUARY 1q7() ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 17)5 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 WARNING: Unlicensed photocopying vIolates u.s, copyright laws and Is subject to legal prosecution. . . THE AMERICAN INSTITUTE OF ARCHITECTS ~ . AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORII.-1ANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here in~er{ full nilome .and addreH or legJ,J lltle 0; Conllaclorl as Principal, hereinafter called Principal, and, (Here inserl rull name and address or leSal title 01 Surely) as Surety, hereinafter called Surety, are held and firmly bound unto {Here insert full name and address Or legal title 01 Owner} as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal to at least one-half of the contract price} Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated (Here insert (1.111 name, address and description of project) 19 , entered into a contract with Owner for III accordance with Drawings and Specifications prepared by (Here inserl lull name and addreu or leg.1 litle of ArenitecO which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~tA DOCUMENT A311 . PERFORMANCE BONO AND LABOR AND MATERIAL PAYMENT BOND . A!A @) ""FEBRUARY 1970 EO.. THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 3 WARNING: Unlicensed photocopying violate. U.S. copyrlght 18Wlli and ,. subject to legal prosecution. . LABOR AND MATERIAL PAYMENT BOND . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation sh.,)" be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or bOlh, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas. power, light. heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit Or action shall be commenced hereunder by any cLaimant: a) Unless clJimant, other than one having a direct contract with the Principal, shall have gIven wfltten notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of Ihe work or labor, or furnished the last of the materials for which saId claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. bl After the expiration of one (1) year following the date on which PrinCIpal ceased Work on said Contract, it being understood, however, that if any limitation em- bodIed in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 ! (Principal) ISf'aIJ (Wl/nt'H) (Tltlp) f (SUft'ly) ISNIJ fWlfnp\\) , (filii') ~ DOCUMENT A311 . 1'[lUORMANCE BONI) AND LABOR AND MA HRIAL PAYMENT AOND . AlA @ FEBRUARY 197{) EO.. THE AMERICAN INSTITUTE OF ARCHITECTS, 17JS N.Y. AVE., N.W., WASHIN(;rON. D. c. ll)()()(1 WARNING: Unlicensed photocopying violates U.S. copyt1ght 18W8 and 18 subject to legal prosecution. 4 . . GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, jUdgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: and any admittance or supplements thereto. , 19 IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 _. Attest: Principal: SUBDIVISION RECONSTRUCTION / RESTORATION H - 1 ..... . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SUBDIVISION RECONSTRUCTION / RESTORATION at SHORECREST at ARSHAMOMOQUE COUNTY ROAD 48 SOUTHOLD, NEW YORK 11971 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. SUBDIVISION RECONSTRUCTION / RESTORATION J - 1 ~ . . S ECi,lCN I< COMPLIANCE Wliri i:-:: L';~OR Ll>.W AND CiH:" "DEPARTMENi Of L.;30R REGUL';iICNS A. S7~7: ?::G~_}l...A.1IC~S 1. The Contrcc~cr shell c:=m;=ly wi~h the c;:pfic=olc pr:::vlsICr.S of ~he lIlc::cr lc......" os emenced, of the Stc~e of New York. This Contrcct sheil be void unless cpplic:=:,le sec~icns of scid Leber Low cr~ complied wi:-h. 2. Eoc:, end eve:"y provision of lew ond clouse reCjuired by lew to be pert of this Conlrect shell be dcemed to be included hcrein end this C:>nlrecl shell be re=d end enforc=d os thcuSh it were included herein, end, if thrcugh.me:"~ mistake or o~her......ise any suc:, provision ;s not included, then upon the cppJic::ticn ci eirne:- perty hererol the Ccr.rrcc:t she!1 forthwith be pnysic=lly omer-ceo to ~=k: :SUCl, inclusion. Specitic:Jlly, Sed ion 220-e, of the lebor Low, os so cmc:"'lcec, prc;'icj~s in contracts, discrimination en cccount of rcce, creed, c::dcr, or notionol oris:n in err:plcyment of citi=.e:1s upon public works.. . There mey be ceduc!ed from the cmount payable to the Cont~c~cr by the O....':"\e:" under this Centred c penelly ef five ($5.00) dellers.fer e<lc:, persen fer ece:, celenccr del' during which such pe,;;cn wes discriminated cgoinst or intimic::~e= in violaticn of Sedicn 220-e.; provided, thct for a seconc or any subse=,:.Je~t violction of ~he provisions.or said pcres;rcpn, this Contrcc~ ~c)' be ccnce1led or terminated by the Owner c~d ell monies due or to bec=:ne cue here-..:ncer ..mey. be forfeited. B. FEDEP-AL R:GULATICNS 1. CERTIPICATION OF NCNS:G,,:GATED fACILITIES By the sucmi!;sion of this bid, the bidder, cfrcror, cp;:liccnt, cr subc=ntrcct=r certifies that he docs not mcintain or provide for his employees cny Se:::::re=ted fcc;lj~ies at eny of his estoolishmcnts, one.that he does nct pe:-rnit his ~m;reYe::: to pcrfor.n their services ot cny locction, under his control, where se;rc~t:d facilities arc maintained. He cedifie1 further that he will not maintcin cr provide for his employees on scsresated fccilaies ot any of his estcblishrne:'"lt.!:, ond the! he will nct pe~mit his employees to perform their se:"vic~s ot any foc:::tion, under this c~ntra', where sesrcscted facilities cre maintcined. The biddc:-, olre:-,:;r, cpplic=nt, or subccn~rcctor agrees thc~ c breech of th.1s ccrtiiic::ticn i::; 0 violctien of the E~ucl Opportunity cleuse in this c.:ntrcc~_ As u:cd in this c~djrjc=licn, the term "se;rcscted fccjliliesll me-=n.s C:1Y wciting rccm~, work ere-=::, rest roems ene wed, roems, reSIcurcnts end ::::the:- ecting creos, time clacks, Iccker reemS end other !.torcge or dre::;s)ns crees, SUBDIVISION RECONSTRUCTION I RESTORATION ~ K - 1 . . time clocks, locker roems end otnt:r s~or:::s:c or cire~sir.~ cre-=~, porking lor~, crinkins rcuntcin~, re-::-e-::ticn or cntcdcinrne~t ore-::5, t(cr::;=cr~ct;o:"1t CilC hcusinc fcciliries provided for e:-r.plcy_ees wnic:, ere scsrc~tcc by explicit direc~j:e or ore in fcc~ se::"cscted on the basis of reee, c;-eed, ccler, or notional cdS-in, be<::=use or habit, lo~::l c'.Jslcr.1, cr etherwise. He fLJr~:-:er ~ ( 'h h ' . ,., t' I I'" " r CGrees t..::t ~xceF~ W:"\e:-e e os cot;:lnec lce~ Ie: c~:" lilcc.rCr.S ,rom Froposed su=c=ntrcc~::::r~ ror spe:::ific time pericc:) he will cctc:n icc:",tic=! , ....I ' ."h' . , ce:-:ifjc=~jCr.5 ,rom propose_ succ:nticct::r: pr:er to IL C c......cr::::: or suoc=ntrac~s exceeding 51C,OCO wr.ic:, ere n:Jt exem!=t frem the ~r:lvisicr.s of the E:;:.;cl Opportunity clcuse; ~hat he will retoin !ouch ced;fic::~ions in his rife~; d~d thct he will forwcrd the fellowing notice to such Frc?o':.ed sr..:ocontrccrors (except wnere the prop::::sed subc::ntrccrcrs hove subm;l~cd iccnticci cef'~ifjc=tions for specific time periods): 2. NOnC:: TO PRCS?:CTIVE SU5CONiRACTORS OF RE':JUIREV,:~T FCR C:.~jifIC";TjCNS e'F NCN SEG~E.~)..jEO F.';C1LJfli:S A cerriric::ticn or Ncnsegregcted Fccilities must be submiUed ~r:or to the cwcrd of 0 ::uocontrcct exceeding SlO,OCO which is not exe~pt Irem the provisicns of the E:;ucl Opportunity clouse. Tne c~:tific=tjcn rr.oy be submitted ei~her fer e'::ch subcontract er fer ell subcontracts during c period (i.e., qucderly, semiannually, or cnnually). NOTE: The FeilcJt~1 rer making forse statements in offe:~ is ,::resc:ibed In 18 U.S.c. 1001. "Curins the perrermcnce of this .c::ntrcd, t'!,e "'c~tr:::dcr c~re!:s es fellows: - t. - (1) The ccntrodor will net cisc.imincte accinst cny e~plcye~ er ccclic~r,:- fer e:Tlployment be::::use of rac.e, c:eec, ;olor, or notioncl origin." lne ccntrcct:::.r will teke cffimctive action to ensure thct cppriccnts ere e:-;-:ployed, cild that e:Tlployees ere trectec c~ring employment, withcu~ rescro to their rcce, .creed, c:::dor, or nctional orisin. Such cction shell include, but not be limited to, the following: employment, upgrcding, demotion or trcnsfc:-; re::::-uitment or recruitmerlt advertising; layoff or ~erminationi retes of Fey or otne:" forms or c:::mpcn~cticn; one selection fer training, including c;:prcnticesnio. The' ccnfrcc~cr osrees to pest in conspicvous pieces, cvcilable t~ cmp'lcyees cnd opplic::nts fer employmcnt, notices to be provic~d by the' contracting offic!!:" sening forth the previsions of this ncndisc:-iminctien clcuse. (2) The conticc~or will, in all soticitetions or advertisements for employees pieced by or on benalf of the centrcctcr, stete thct ell qucfificd aODlic=nts will rc::e:ive censiccrcticn fer cmp!oyment without re;=rd ~o race, '~rccd, coler, or ncticr.c/ origin. (:) Tne c~r.t..:::c~or will $e:"'iC to c':Jc,~ /c:::cr ur.ion or r~?r~:'c:1lc~j'lc or warke:-:; with which he he:; a c~ilcctivc bcrc:::inins csrec:ncnt or other centrec: or unccr:;tcncin'9, c notice to be provided by ~he agency contracting oriice:-, odvi~ing the Icoer union or workers' representative of the c::ntrcc~orJs commitment, uncle, Sed ion 202 of Executive O,de, No. 11245 of September 24, 1965, and shalf pod copies of the notice in co.ispicueu1 pieces availabJe 10 employee, ond oppJiccnh for employment. , SUBDIVISION RECONSTRUCTION / RESTORATION K - 2 C" 0) (7) 3. . . (4) The contractor will c::::mcly ......ir;, elf pr::::vi~icns of Septc:nce:- 24, 1965,'cnc of tne rulc~, ene of the Se,,,etcrv of Lcbcr. , , C' N 11~" or Exe'::'J~IYe ice:- o. .:;,...: re;:..:lcticiiS, C:"1C re!e....cnt oree;::: (C' -) Tne c::::ntrcc~::::r will fur:"li~h efl inr::::rr.":c~jcii c;-:c re:=or~: re::::..:ire.: by E.."{~':::..;riv~ Cree:- No. 112.!6 of Se~te:ncer 24, 1965, cne by rhe rule::, re:;ulcticns, cne oree:-: or the Se=:'e~cry ~f lecor, or PUf"":UC:"'It tne:-e~o, end will ?ermi~ cc==~:~.:: his becks, records, end CC::::H.:nts by the c::::ntrcc~ins ogene! cne the Se::~erc~'" or Leber fer purposes o'f investisc~ion to csccit'cin c::::mplicnce with sue:' r...Jle::, re:;utC;;ticns, end creers. fn the ev.ent of the contrcctorls noncompliance with the ncndisc:"lmllic:-icn' clouses of this contrcc~ or with ony of such rules, reguIetions, or orce:"'s, this contrcct mey be c::nceled, termincted, or Suspe:1ced in whole or in pert erid the c~ntrcdor mcy be ce:::lcred ineliS-icfe for Fur:her Gover.""'::-:1ent c:::ntrcc:s in Ccc::rccnce with procedures outhcri::.ed in Exec:.rtive Oreer No. 11245 of Se?te:Tloer 24, 1965, ene such other scnctions mcy be imposed ene re;.,edies invoked os provided in Exec'.Jtive Oreer No. 11246 of Se:=ter:ioer 24, 1965, or by rule, resulction, or oreer or the Sec~etcry ~f lebe., or es otherwise provided by few. The contrcc~or will include ~he prOVISions of Pcrcgrcphs (1) through (7) in every suoc::::ntrcct or purchose oreer unless exempt-eo by rules, regulct.icns, or orde:",'S ot the Sec:-etory of Lober issued punucnt to Section 2C4 or . Exec'.Jtive Oreer No. 112~ of Se?temoer 24, 1965, so thot suc:, ?rovisicr:s wil.1 be binding upon each subccntrcctcr or vene::r. The contrcdor will toke such action with respect tq.cny subccntrcct or purchcse oreer cs the c:::ntr::cUng asency mey direct cs c me:::ns of enforcing suc:, provisions, including ::cnc~ions for tlcnc::lmplicnce: Provided, however, thct in the eve~t the c~ntrcc!or beccmes involved in, or is threotened with, litisetion with 0 subc~ntrcc!cr or vendor cs a result of such direction by the c~ntreding agency, the ccntrcctor mcy rec;uest .the United Stctes to e:1h=:r into such litiseticn to protest the interests of ~he United St~tes." FEDE?AL PROCUR Efvl ENT REGULUIC~JS EQUAL OPPORfUNITY IN EMPlOYMEi'n 1-12.805-4 Re"crts ond Other Reculred Informctien (0) Requirements fer prime contractors end subc:::ntrcctcr~. """" (1) E=cn agency shcll require "",,cn prime c~nlroct':r end ecch prime c:;ntroctcr ene ~ubcor.lrector :;:'011 C:::use its :;uoc::::ntroctor:; to file cnnuclfy, on or before Jy\orc:, 3 J, complete end cc::vrcte re=o~:; on Stcndard F:::nT1 lea (E.:O-1) promufS=tcd jointly:,y the 6"ffjc~ of F,,~er~1 Contr::d Compliance, the Equcl Emplcyment Opportunity Ccmml~:'lon, one PIons for Progress, or on such form as may hereafter be promulgcted in its plcce, if such prime contracter or subcontractor (i) is not "xempt from the provisions of this Subport J-12.8 in oc.c~rdcnce with 1-12.804; (ii) hcs 50 or more employees; (iii)-is a prime contracter or fint-ticr s~bcontrccfor; end (iv) has Q contrect, SUBDIVISION RECONSTRUCTION / RESTORATION K - 3 I -)2.8C5.4 . . sub-c:::ntn:::ct, or Furc:-:cse cree:- amounting to 550,OCO or more, Or serves c: 0 dc?csitc.y of Government Funds in any amount, or is c r. . I' .... t"' ,. I . . " .. 'r U '" Inene:c lns.:.l..' :Ci1 'HnlC.' IS en I::SUlng ene PCYl!"':; c;e:--:r ,or 0_. . , . '. . P' ., . -" . . sevln:;= =cnc: C:"lC ~C""lnS': nete:: r:V1ce::, 111er ::~:' ~U::lC::1it:-=cr~;" below the fir:.t ~ie:" whi.:::;, perform: c::::nstrudicn work c~ ~he sire of c=nsfi\Jc:icn sheil =e reo::;uired, to file such c re~=r~ if a meets t~e require:nents in sucdivisi:::ns (i), (ii), ene (i.....) of this pc;"cS:-::~;' (e) (1). (2) E::::ch person required by subpcragropn (1) of this paragrcph to submit re?crts shell file such c re?ort with the c:ntrcc~ing Or oC:":'Iinisrer- jng csency within 30 days efter the award ~o him of 0 C::ln~rcc~ or subc:::ntrcct, unless such pen:en has submitted sue;' 0 re?ert wir!-:in 12 months pre~edins Ehe eete or the aWare. SL:bse~L:e:1r re~cr~~ sherI be submined cnnually in acc~rdcnce wirh su::pcrc:;;-c,=n (1) or this pcrc2rcpn, or at such other intervals as the csency or the Director mey req'.Jire.. The agency, with the cFprovcl of :he Direct::r, mcy extend the time for filing any report. (3) The"Director, the agency, or the cppliccnt, on their O\'m motic:-:s, mcy reSuire a prime contractor to keep empfoyment or other rec~rcs end to furnish in the. form requested, within recscncbfe limits, sue:' ir.F::rmctien os the Director, cgcncy, or the cpplic::nt deems nec:e~.:;.cry fer the ccministr:=tion or the Oreer. (4) Toe feilure to tile timely, 'complete, cnd cccurcte repcr~:;, os re- c;uired, c:::nstitutes noncompliance with the prime C:lr1troc~or's or subc::ntrcctcr's obfigctions under the equal Opi=crrunity clcuse and is a ground For the imposition by the csency, the Director, en epplic:::nt, prime contrcctor or subcontr=ctor, or cny scnctions authorized by the Order and the regulctions in this Subf'crt: Any. such Feilure sherr be reported in WTiting to the Director by the Csency ?s soon os prccticcbfe cfter it Occ:;r:;. Re~crt:: end ether Re~ujred lnFcrr:-:cfion b. RCCjuireme:'lts For bidders or prospective contrcctors. (1) " ~ Eoc:, agency shell reSuire eQch bidder or Fr::spect:ve ?rime c::::n!'i"::ctor end proposed subc::ntrcctcr, where oppropriate, to ::rctc in the bid or or the out:.d of nC2otieticr.s for the c::ntrcc~ W;'c~hei a hcs pc:-~i- c:pctcc in on'l pre'lieus c....ntrcd er subc~ntr=d ~ucie::~ te the E-..,..r Ccr.:cn1..'nit." ~'cu::c' ene' -,'f::o whcther it hos (ile'd with the ,;....,.:. .. I , , , ....... "I Rc?cr~i,"":g C=mr.-:iUcc, thc Dircc~cr, en CSC:1cy, cr ~;'e (o~c:- President I:; Committee on Equcl Emplcymc:1t C,=:=ortunity, ell re=crt~ CUe uncer thc cpplic:::clc filing requiremc~ts. The statcment sh~/J be in the form of a re"resen/etion by the bidder or offeror sub- slen/iolly 0' roI/ows: SUBDIVISION RECONSTRUCTION / RESTORATION K - 4 "T:,c .cr (or Otic:'"::::-) r~=:"'::'C;"'lr~ ~:'c,t ;'"lC . n~~,. ( ) h=: ~ ...... . . . . .....-~ ...... .' ....--n.r....c. .u....,..... to no" pC:-d~:~:::~e= In c pr:::vro1,.;:, c=-r:.;"........ ....' ~v...__" "'" , .. "',__' , - '.1 . I ' . ...' -'....".~ ,...,.....: II e.~- tne :::uc C==cdurutv CICUS~ t"'.c:"'~rnf C. ,;'1e _!__~_ .... ,::.nc"y _. . :. ' " ... I.. _ '. ., 1,....C'":'~... l.. _:........ fclt"leo:: lr. se='~lcn ...01 or t:xe::....Jllve Cree:- No. "';'__',...r tole ........5_ c:nfcine= in se=.~icn 2Cl Of S<cc:Jtiv~ Cr:er No. 11114; tf-:c~ ne ( ). ()h f" 'II ., -.............. " ........... __..: ~:...... nc=., C~ net, lle-.: c r~:::::ulre-= C_..,._IIO..C_ r_:--_r,s, ........ '''_' r~~re:c:it::~icr.s ii",ci==ting ~l..'~r.-:iBicn or re~'.Jire-:==:;:piici".=~ r~:=:::r7:, . ., :.' ~u~e~-".,'r~::',.,..,: ",;,11 ~.._ :::-::...::.-:,.-.e-: sl;~e=::::y ;::-::==:_= _ _ _ __ _ ~.... _ ___ .=rior to ::.:::- ~. . ) ...... '-".. ,,_ C ,'-'....$.... e~,-.r',-~c-j.. ~',"e,-,~~.," (-:... ...:......... e "".....~~n...j._~:......... ............: :-ocr b~ sl.:=:-:".i:~e= - -- -.,. - ".e '-_...."' r_:-, ___......."'-,, "___ in ==nne-:::ic:1 wil';' c::r.lrc=~$ or sub:=:-:~:-=:::~: wr.jc,~ ere exe;.:~r r,..C:7: When c bidder or Oj~er::r fciis to c:'(ec:.Jre the re:=re:.entc~icr., ~ne " 'II b ,." ' ,- ", '.' b'" Ol":':nSSIC;o; $."':e e c:=n~lce"'e_ c ..liner InrCr.7Icll,Y cno .ne lc~~r cr . offeror she!1 be pe:-mitted to sctis:y the re~:.sirement FriCJr to.ewerd. (7) I ,.,., , " ". . - n cr.y c:cse In wnlcn 0 Olccer or pr=s~ec:~:ve prlr:'1e 0:::-::-:-::::.':::- cr ;:r::.==$ed svbc=~-drc.::or, ......i1ich ~=r~ic:pc,ed in c previc~s c:::-:~...::=: or st.:::ce.:-::...c:::t Sl,.:::ject to E.xe:=:.stive C'rders No. 10925, 111 ]~, or 11:'::'6, he::; net fii-ec' c re?cd cue under the c:=:=li==ble filing res:.:ire::-:e~ts, no c:::nrrcc: or subconJ':"cc: snell be ewerde.:, unless sue:' c::::nL"=ctcr svomir.s c rc~ort c::ve:-ins; the delinquer:t pe:"ioc' or " .. ...., r rhO' Suc:"! orne:" perlCC speclflec oy tne C;2:'":CY or t e Irectcr. (3) A bicce:'" or pro~?edive prime c:::r:tr::ct:::r or pro~csed subc::ntj'.::=~cr she!l be req~ired to submit such inf=~ctjor. cs the oge:1CY or tne Direc.~or requests prior to the ewerd of the c:mtroct or suoccnt:"cct. Wne!1 c cete:-minction ne, bee!'l mcce to cwc:"c the con;rc:; OJ' st.:b- c::nticct to c spedfic ccntrcc~cr', suc~ ccntiod=r shell be ~re~"..:ire=r prier to:: c'Hcrd, ~r c:te:- the c......erd, or bcthr to rur:-:i:d, sue!' other inror;'jjc~icn os the cs;e!1cy, the cpf=/ic=:1t, or the Direc::::r re::;~es:;;. (e) U'e:ofRepe'~s_ Repods fired r:unuc:"It to ~hjs 1-12..SC5-4"shcll be used cn!y in connec~ic:1 with the cdministrcticn of the Order, the Civil RiSh!s Act of 1964, or in fur~hercnce of the pvr?cses of the Orde:- C:1d ~cid Act.. (c') Acquisition of Report FC:7TIs. Ste:1c:.=rc Form 100 is cvcilc::le in efl GSA su~pfy de?C~L Copies cf t~e fcrm mey be obtcincd rr.::m GSA thr::usn the c-=ntr:':c:inc: or cdr.lini~~e~;:1S -. ~. , .. ~h f ' . r' - os~nc)'. Ine s,oc:-( :1um:::~ tcr ...c crr.l r!. c=. to IC\V!: s~c~c::::...= For.:-: No. S:~ck ~L.'~::c:- Title 1eo i;40-9"25-2049 E~:;el employment opportunity employer inFormetion re?ort. ~ SUED I V I S I ON RECONSTRUCT I ON-TRESTORA T I ON K - 5 1-12.EC5.4 ~ . . PRCCU?E-'vIENi Si':'NO':'WS. A. All Contrccts end Suogrcnt:; ref c=ns~ruc~icn or repoir shell induce c prcvi~icn fer c::rr:pijcnc~ wi~n ~:1e C:pelcnd ";"''''1ti- Kick :ecx" t..c~ (12 U.5 .C. S7~) c:: su.c;:r~;,-:e;:re-:j in Ce;:::::r~~~:-:t of Leber ReS:..:lcticns (:9 CfK, Port J). Thi~ Act ?f::lvices thct eo::::' C=ntrcc~cr cr Succ:-o:itee 1:,cll be =roi,i=i~e:::: from i:,,'It::uc:n- - , =1 by cny mecns, cny per!;::n employe::: in the c::nstiuc::cn, completion, or re?cir or public ......ork, to give up C:1Y perf' or the cCt":":pensction to which he is other'...,ise entitled. The Gro."';lee shorl report all suspected or repoded yiofcUons to the Grcntcr Agency. s. Where c;:plic::::/e, ell Contracts cwarded by Grantees end Suc- grcnte~: in excess or S2,CCC for construction contr::::c~s cr.c in exc~~s of $2,500 For ether c:H1trec~s whic:, involve the e:":'1- plcyment of mec:hcn;cs or rcbore:-s shell include 0 i=r::lvisicn for complionc~ with Sedions 103 end 107 of the Cent,cd Work Hours ene Sefety Stcnccrcs Ac~ (~O U.S4C.. 327-330) os sUFpleme~ted by Depcrtme:1t of leber Resulcricns (29 C~K, Ped 5). Under Secticn 103 of the Ad, eoch Contrecter she!1 be resuired to c::lmput~ the weses of every me::hcnic ond leberer on th-e basis of c stcndcrd work dcy or a hours ene 0 stcnccrd werk week of 40 hours. Work in exc;;s of the stene::..=' warke'ey or wark.....eei< is pe:-:ilissible provided ~hc: the werker is c:::mpensete~ ot 0 rete of not less then 1-1/2 times the bcsic rete of pey fer elf nours worked in excess of a hours in cny c=lender doy or 40 hours in the work week. Section 107 or the Act is cpplic::b1e to ccnstruc~icn work end provides thc~ no loborer or mechcnic sholl be rec:uired to work in surroundin;s or under "';crkin; conditions which ore unsanitary, ho=:.crdous, or dengerous to his heo Ith ond sefety os deter:;,ined under construction, scfe~y, end health s~cndcrds pr:::'i:ulgcted by the S ecretcry of lober. Th ese re'1u ire",ents de net epply to the purchcses of :!:uFFlies or mc.~ericls crcr~;c!e~ crdincrily c....ciicb!e en the CpC;l merket, or c=n~rcc~s fer tr=:"1spor~;::tion or trc:isi:ijssicn of inrellisc:1ce. c. E:::cn C:::lntrcct of en cmount in exce~s of $2,;CO awarded by 0 Grente~ or Subsrcnt~~ shell previde that the r~cipient will ccmply with appliceble re;u!oticns end s:enec..ds of the Cost livinG' Council in cstcb1ishins \V~9C: c.ne prices. The pr::visicn st:clf cC'/i~c the rccipiC:it thct .sucmIS:ilcn or c 3id or offer or the sucmincl of en in\foic~ or voucher for pr.:::=er~v, coeds er ' I _ I sC:"'1ic~: rur,.,is:,c:: une:..::- c c=~trcc~ or C~"'C~:";;er1t with the Gr:::~f:?e shell c.::r.sritutc a ccrrii'iccricn by him t~ct Cr.'lount::; to be ocjd co net exc~~d mcx-imum cllQwcble levels cu:hori::.ed by th'e C~st of living Council rcgulc!ions or stcndcidL Violctions shell be rcpor~ed 10 the Gronlor Asc"cy end the locol Internal Revenue Scrvice fi~ld ",'fice. SUBDIVISION RECONSTRUCTION-I-RESTORATION K - 6 . . D. C::ntrc::::: 'C:"'lC Sub0rc:it~ oi C:"':"lcunts ir, C;(:::.~~:. of S 1 CO r CC 'II . . . ", . , ", t s.-:o c=ntoln c pr=vl~JCr":" wnlC:'1 re:;ulrz~ r:1e re~:ple~. ::: C;"'~e to c::mply wit~ ell cp~ric==Je :~c:-:c=id:1 crde~~, or regtrlctions is:.ucd pur:'uC:"'lt to the Cic=:-: ,;.ir Ac~ or 1970. Violction:. :.hcll be re~cde~ ~o t~e Grc.-.:c;", Ase~cy c:-:c ~he Re:;iclici CFfice -:;J ~he :;;....;r::.,r:-:e:"',~ci ,=.-cre:::7;c,-; As;e:'":cy. E. C=:1t,-cc~s she!! c:::nt::;:1 sue;"; ccnti':::c:ucl .=rcvisicns or ccr:dirions whic:, will cllow fer ccminis~rctjve, ccr-:trcctucl, or lese! re:"':1cdies in instances wne:-e C='''~rcc:on viclcte or breech c=ntrcc~s tCl"':"rlS, end previde For suc.~ sene:icns end penclties os mey be appropriate. F. Al r c:-ntrccts, amounts for wn ic:, Ore in eXce:s of $2,5CO, sherr contcin suitable provision:;; fOi ter;";1j,'icrion by the' s:"cntee incluc':ng the ~C.'ine!" by whie:, it 'Hill be efr~=~ed ene the Oc!:i:;; for senJe:":":c~L In ccdi~jcn, such =:::;ntr~:::~: snell describe conditions unce:- wnic:, the c=ntrcc~ me;.... be te:":71incred ror default os well os c:)nciitior.s where: the c=n~rcd mcy be h~:-:1"1inc~ed oeccL:se cf cir=~r:'lS:~nces bey::nd the c::ntroI of the contrcctor. G. rn ell c=ntr=c~: for C::r.s~ructicn or fcciii:y imFioveme...,t ewerded in exce:;: or SlOO,GCO, grantees shell observe the bonding req:..:ireme:1ts provided in At~cd':ment B to this Cir::'.J rOi. H.. AIr C=ntrcc~: cnd,i:ucsrcnts in eXce:::s of SlO,CCO shell in- clude previsions for c::mpJiance with Exec,-,rive Order No. 11246, entitled, "E~uel Employment Cpper~unity," e, sUFplemented in Deper!ment or lebor Reguletiom (41 CFR., Pert 60). Each contrcclor or ,ubgrentee shell be reeuired to neve en affirmative action pren which decleres thet 'it coes not disc:-imincte on the bcsis or rcce, c.:fcr, religion c..e......... , . -"", narior:o/ origin, sex, and cge end which specifies ccels end terset ceres to C::ure the impfementcticn of t!-:ct pl~i1. T:,e sr=n:ee shcll eskolish procedures to cs:a..:re c::mplic.'ice with ~h is rc::::uire~c:1t by c:::ntrcc:cr: or SUOsrc:1rees end to CSsure that 'u'pcc!e,; or rcporred violerion, erc Frcmptly inve'~igc~ed. SUBDIVISION RECONSTRUCTION / RESTORATION ....... K - 7 . . COMPLIANCE WITH ?ROVISICNS OF THE V,3CR L~W Pur~ucnt to 'Adicle a of the Leber L=w, the c=n~;~cfcr's c~~c~ticn is c'ircc~e= to the fonowing rcsuirements: 1. Se=~icn 220..2 which requlre~ c ~tipt..:rc~icn thc~ no fcbcre:-; wcr~:":":cn or mec~cnjc in the e:":iplcy of the c::r.lrcC~::i, subc:::"":rr=c~::r or ctf-:c:" .=~:-:..::~ c':::inS or c::.~r:-=:::~_ in; to co the wnole cr c ~crt of the wcr~ c::nh~:7lF;cte== by the c::nrr=ct shc1J be pei:"';1irted or re::;uired to wark mere then eisnt hcur~ in c~y cr.e c::ler:cci dey ::i mOre then five ccys in any cne weeK ex.::e;::t in the e:ner;c:1C!~S se~ forth in the Le ber Lew. 2. Sec~jan 220.3 which resuir~s 0 prOVISion that ecch loborer, workmen or me::::-:cnic employed by the c:::mtroctor, subcontractcr or ether person obcut or upon such public work, sheIl be pcid net less then the prevailing rote of ......oges One snell be. provided supplements not less thon the prevcilin'g suppleme:1ts os dete:-:-r;ined by the fiscel officer. 3. Sec~jon 220..3-:: also resuires that tne contractor end ever-y subcontractor on public works contrccts shell pest in c prornine:"i~ ond accessible pIece on the site of the work 0 legible stctei.'lent or all wage retes end suppfements os specified in the c:::ntrcct to be poid or provided, os the c:::se mol' be, for the V'Crious clcsses of mec~cnics, workins::nen, or /ebore:"s employed en the ......ork. 4. Section 220.3-e provides thet epprentices will be permitted to werk es suc:, enly when they ore registe:-ed, individuofly, under c bona fide prosrer:"! res:istered wirh rhe New York Stote De=cdment of lecar. The cflcwc=re retia of c==rentices to jourileymen in cny creft cIcs:;irjc=tie~ shell not be g:"ccter thon the rc;i~ pe':-r:1iUed to the contrccto'-os to his wor'\: ferce on Ciiy job uncer ~he resis~ered prcs-rem. Any employee lis~ed on a payrO'l1 et en epprentice .....-cge rete, whO' is not regis~ered cs above, snerl be paid the wage rete determined by the New York Sto~e Department of labor for the classification of work he actually performed.. The contractor or subcontroc~or wilr be required to furnish written evidence of the registration of his program end apprc:'1tices os wefl os of the cFF=rcp~icte ratios cnd 'NOge rcfe~, ror the ere= of c:::ns~ructicn prier to' using cny Cpprentic~ on the contract work. 5. Secti'on 220-12 which requIres provisions by wnic;:, the c::ni';'cc~cr with the Stete or munictpclity CsreC:i: (c) Thor in the hiring ef emFleye~s for the performence of werk under th-is contrcc~ or ony 5ubc~ntrcct hcrc:.mccr, nO' contractor, subccntrcct:::r, ncr cny pe:,,:;cn cc~ing on behalf of such c::nrrcc~:Jr cr subcor,frcctcr, shell by re:Scn of rcce, c:'c~d, color or notional origin di::.crimincte escinst cny citi::en or the Stele of i'Ic'N Ycr!< .""he is cucliiiec end avcilcble to' perfol.Tl the wer:..;: to whic~ the Ci.lpIO'ymc:1t re!ct~~; , (L') -', ,. '-' ,_ , II c Inct:"lO c=nt:"oc~cr, 5UCC::r:,'(oc:::r, nor cny per:;cn on ,'lIS ...enc.: snc , in any rr.c:1nl!:", di:::criminate cg-=inst cr intimid::te any employee hired fer the pericrmcnc!: of wcrk under this c::ntra::: en Occ=unt or race, creed, color or netienelorigin. (Yeur client ion is directed to the previsiens or the Stote lcw oSCinst Discrimination which alsO' prohibit discrimination in employment be=euse of ege); ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 8 . . (c) Thct thc:"c mey be deduc~ed trcm the cmcun~ p=ycb1e ~o ~he c::ntrcc~or by tne Stc~e or munic:p:clity untie:- ~h;s c::ntrcct c ~e~crty of fi...~ c::lfc:'":. rer e-:::::-: -, -c...... '.... ~" . h":"'~, '- -e- ...;... "'e" ";;'--;-',ne'~~ --.........~.. cr Inl,-,--.o c:;:;,e~l '-. c..../ -ur,ns W Ie.. ~;';C..;... :s..... yy .. '-'......' "" '__ '-'';;:'_".... . ........:_._= in viclcticn ci ~he pr::vis.jcr:.s or the c:::r:r....=:::; (c) Thor this contrcc~ mcy be c::ncellcd::r ter~inc~c-= by ~he Srcte =:- mu...~ic:;::=!_ . "I ' , 'h ' """ lty" one c. moneys cue or to Oec=~e c~C! ercwncc:- me:, oe r::::-lelfC,=, ror c se::=nc or eny su!:seque:-:t violction or the tcr:"':"l~ or ccnc'iticns of this se:ticn or the c::mtrcct.. 6. The aforesaid pro....isions of Section 220-e whic:, coven eve:-y c:::ntroct for or::n behclf of the Stete or municipclity for the menUlodure, sele or districUl'ion'of mc~e:-rcls, esuiprne:il' or sup~lie!. ~hcll be limited to opc:-ctions pe:-forr7":ec wr:,~ir: the te:-ritoriol limits of the State or New York. 7. Se-=Hcn 222 wnic.~ requires thet preFerence in employme:"'ll' shell be give:'1 te c:iti- Ze:;s of the State of New YorK who heve bce:i residenh for at lees:- six c=:r.se:::;:iv' months immedietely prior to the c:::mmencement or their e;"ployme:"lt; the/' pe:-sc:;:; other then citi:;:e:is or the Stote of New York mey be employed ......hen such citi=e:-:s ere not avcilcble; end thet if the rec:uircmenrs of Section 222 c:)ncernins pre:e:-- e:'"\ce in employment to citizens of the Stote cf New York ere not complied with, the c=n~rcc~ shell !:e void. 8. Se=:~icn 222-:: whic:, resuires thet if in the COr:structicn of the public wor-'...:: c hcr:-:orul dust hc=c;-::' is cre-::te::' fer ......hich c~plicnces or m~thccs for the elimir,ct- ticn or harmful c:Jst hc==rd is cre-::ted for wnich ccplicnces or methocs fer the eliminetion of hcrmful dust have ~en cp::;roved b~ the Bccrd of S~cnc'c...d Appe-c!s, such cpp!icnces or methods shall be instcl'cd cnd maintainec end effedively operated by the ccntrcctori end thct if the provisions of Sec!'icn 222-0 concerning hcrmful dus~ heccrds Ore not complied with, the csmlrcct shell be vcid. OTHER R'ECUIRE.>.,1ENTS Every Slete ce:1lrecting cgency, inducing Public cu~horilies, musl induce in =c:, centrec; pereg,e,eh, (c) throug;, (g) of the Steneerd Stete Centrec! cleuses premulgded by the Gc'<e':1e, on September 12, 1963 end cmencec November lA, 1963.. l l. , .., . 'h . h I b c_cr C,C:SIl'cet,cns not appearing on t e accempcny,ng sc. edu e of ""Caes cen e used enlv with Ihe censent of the eepartment of juri,diction cnd then the rele to b~ peie will be ajve~ by the eeperlment of jurisdiction efler being aevi,ee by the New York Sle!e Deeerlmen-t of "leber. . , Tne CCr.trcc~=:- ~r.cfl -"e'Ke 'u.-.~ ::::-o'lis:cn ("r di:;ca' ',I"~\I bener, ',',I w~rkmn_'1 ' ,,, - - - I, I.... ,.....:::::'7:~e:"::c:Jc::, unem,eicymc:11 in'ure:1cc, :ocle/ secClrily cne sefety cede pravisiens es C'e rC~Clired by lew. ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 9 . . Ge~crc!'R('::vlc:icr: No.1, cs i~ued =, ~he S~cre C::r:-:mi:sicr: Fer :-:ur:-:c:1 :::i::~~:, r~~:.:u'~: thcf e:::c:, C::ntr::::~ c=ntc::"":~ c ;.~i;:l..'ic~;c:'i ~r.c~: ~'!~ i~ he;~=y cS:"'..:e::: cy c:-:= =e!.....~e:""l ~he . h . h . " ~'n I - . 0..:::" tL.. ' I' '. .. Fert,es , ere.a t ct ever-y c:::r..rcc.::r c::.~ suo.::::. r__C.or en_ ~Sc-= rn ole ;:t..:::11C ......er'< ce~'::-:::e= in this c:::nlrcc~ shell pest ene mcird::ir. ot ecc~ of ~is es~c:,iishr:"lc~ts c:-.c ct eil ;dcces at I . . ~h ' I- I' ., ., ,. ,. '~ . I' N'." '.'_ wnlC:1 ,. e puo 10 worK ceSC;"'icec '''e;e~ncc:r IS eelng c::ncuc.ec, "e CI!C~ or .:-:e :::tcte CCIT:missicn for Humen Rig::,ts inc'ic::Hng rhe substcntive previsions of the Lew ":'-s.:::inst Discrimination, wnere ccm;:icints mcy be filed, end other pertinent inrcr.':'lc~jc:":. suc~ Notice snell be posted in ecsily cc::e~sjcre end well li9:,tcd pIeces c'.Jstomerily frec;uented b. I . I" t f r t ,,-, N t" "', . . Y em? cyees one cpp ICon s or e:'T:p cymen. I ne :: IC~ mcy :Je octc:nec rrem ~ile depertment neving juri,diction, or from the office of the Stete Cemmi"lon fcr r;umen Ris~t: in the re!pective cree. You C7e reS:Jes~ed ~o rerer to t:'e 5ur~::u of Public Wcrk ell c~crS'es or discriminction in empleyment includins di:cr,mir,etlon bec::",e of ese, rece, cree:!, color or ne.tior,eJ "riS'" SUBDIVISION RECONSTRUCTION / RESTORATION ~ K - 10 . . SECTION 1. NON-DISCRIMINATION CLAUSE Curin!: rne ?e!"f::r."':1cnc~ of this conti'cc~, the cor.trcc~or csree~ C~ :ol[cw~: c. The Ccntrcc~or will net disc:-imincte agcinst any employee or c;:pliccnt ref' em~io;,- ment bec=use of race, creed, coler, or nctianol oris-in, one will toke cffir;-:-;ct:ve cc~ion ~o insure that thC'/ ore afForced equal employment opportunities without discdminction bec:::use or race, creed, color, or nct!oncl origin. Such cc~jon shell be teken with reference, but not limited to: recruitment, employment, ice assignment" promotion, upgrading, demotion, transfer, Icyoff or tcrmin.cricn, retes of FOY or other forms of c:ompen~Hon, and selection for training or retrcin- in91 incruding c?prenticc~hjp end on-the-job training. b. The Contractor will send to each Icbor union or representative of workers with which he hes or is bound by a collective bcrgaining or other cgre~~ent or understcnding , a notice, 10 be provided by the Commission of Humen Rights, edvising sue;' lebor union or representative 'of the Contractorls agreement under c!cu~s "0.11 through "h. hereinefter oiled "non-discrimination cIauses", end rcc::;uesting such lebor union or representctive to agree in writins, whether in such collective bcrscining or ether agreement or understanding or otherwise, thet' such lacor union or representative will not discriminate c50inst cny member 'f.r cpplic.::nt for memoership beccu:se of race, creed, cofor, or notional origin, cndowill toke affirmctive cc~ion to insure that they are cf;crded equal membershtp .opportunities without discrimination beccuse of rece, creed, coler, or notional arisin. Such cction sholl be tcken with reference, but not be limited to: recruitment, emFfoyment, joe assignment, promotion, upgrcding, de- o.motion, transfer, Icy oFf ~r terminetion, retes of p::y, or other folons of ccmpensc~ion, and selec~ion for training or retraining including apprenticeship cnd on-the-job troin ing. Such notice shell bOe given by the Conlredor, ond such written agreemenl sholl be made by such rabor union or representctive, prior to the commencement of per- formances of this contract. If such labor uni on or representative foiLs or refuses so to csree in writing, the Contrcc~or shell promptly notiFy the Commission f:;r Human Rights of such Feilure or reFusal. 0 c. The Ccntrcc~or will post and keep pos~ed in conspicuous pieces, available to empley' cnd cpplic=nts for employment, notices to be provided by ~he Ccmmission for Human Rights setting (Q(th the substance of the previsions of c10uses lie. II end Ilb.1t cnd suc:, provisions of the Steteols levo;,s oscinst dj~crjminctjcn os the Commission fer Human Rights shell determine. d. The Contractor will stc~e, in ell :iolicitctions or cdvcrti!.Cments for employees pIeced by or en b";'elfof the Contreckr, thet ell 'luelified epplic=nts will be efford"d e=ue emclcvment OFoortunitie: withcut discriminct.ion obec::u$e or rec" c"e-d col-r cr' " , -, . - r ..... , ncticr:c/ orisin. SUBDIVISION RECONSTRUCTION / RESTORATION '- L - 1 ; . . e. The Contrec~or will comply will, the provi,ien, of Seelion, 291-299 of /1,e Exe'::;li low end Ihe Civil Right, Lew, will furni,h ell informetion end report' deemed nee sory by the C=mmission for Humcn Rights under these non-di~crimir:cticn clauses C~ such sections of the Exec~ti"'e Low, end will, pe~it ccc~!.s to his bock:, recordSr end CCc:::unts by the C::mmi!.sicn fer Humeri Rishts, ond C\','ncr re::re:.c~~::~ive!./c:,- for purposes of invc!.tisction to ascertain complicnce with these ncn-disc:-:mincHor clouses end such sections or the Executive low end Civil Rights L::w. f. This Contrcct mey be forthwith ccnccJfed, terminated, or slJspended in whole cr ir pert, by the contreoting egency upon the be,i, of 0 finding mede by Ihe Cominissic of Humon Rights thot the Contrcctor hos not complied with these ncn-discriminctio clou,e" and the Con/rector may be declt:red ineligible for future contrects made b or on behalf of Ihe Owner/Contracting Agency until he ,el;,fied the Cemmission fe Humen Rights that he hes established and is ccriying out C program in conforl":'1i~y w the previsions of these non-discriminction clauses. Suc:, findin!; shell be mode by Commission fer Humen Rights offer conciliation efforts by the Commissicn hove feil to'ochieve complience with these ncn-discrimination clauses cnd after c verified c plaint hes been filed with the Commission, notice thereof hes been given to the Cc tractor and en opportunity ho, been afforded him to be heard publicly before three members of the Commission. Such sant~ons mey be imposed end rc-medies otherwi~e provided by law. g. ff this Contract is cancellcd or terminated under clouse IIf:l, in cddition to other rights of Ihe Owner provided in this contrad upon it, breach by the Centractor, th. Contractor wiIl hold the Owner hcrrI"fess og=inst any additional expenses or c~sts ir curred by the Owner in c'~rnpleting ~he work or in purchesing the.service:'s, mcteric~ equipment, or ,upplie, con.templated by this contrect, end Ihe O'""er mey withholc payments frem the Contrector in an amount sufficient for this pUf?OSe end recourse mey be hod agein't the ,urety on the performance bond if necessary. h. The Contrador will include the provision, of c1au,es "a:', throtlgh "g:' in every sub contract or purchase order in such a manner. that such provisions will be binding upr each subcontractor or vender os to operations to be performed within jurisdictionel locale of the Project being conlraded by the Owner. ine Contrec/or will toke Sue ccrion in enforcing such provisions of such subcontract or purchcse Os 'the Owner/ Contracting Agency may direct, including scnctions or remedies for non-complienc If the Contrac~er becomes involved in or is threatened with litigction with 0 sub- contractor or vcncer os 0 result of such direction by the Contrecfing Asency/Owne. the Con/roc/or ,holl promptly '0 nolify Ihe Owner', repre,entative'/coun,el, resue: him to intervene and-protect the interests of the Owner (Controc~jng Ascncy's iuri~dictioncl orc=). SUBDIVISION RECONSTRUCTION / RESTORATION L - 2 -...... . . GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fUlly familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. F. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. G. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All brush & debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. SUBDIVISION RECONSTRUCTION / RESTORATION Page 1 "" " . . SUBDIVISION RECONSTRUCTION I RESTORATION PART 1 - GENERAL 1. 01 RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard drawings attached. 1. 02 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Highway Specifications. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the fOllowing: A). Clearing & Grubbing of overgrown shoulder areas. 1. All shoulder areas wi thin this subdivision shall be cleared for a minimum of seven (7) feet behind the existing curbing. All existing shoulders that have been satisfactorily maintained will require no work. 2. All existing underground utili ties and any existing road construction materials shall remain. Any items removed during clearing & grubbing shall be replaced at the contractors expense. (ie. pavement, concrete curbing, telephone lines, drainage structures, etc.) 3. All reconstructed shoulder areas shall receive a minimum of four (4) inches of topsoil and seed. Seeding shall be a mixture of 65% Kentucky Blue, 20% Perennial Rye and 15% Fescue delivered at the rate of four (4) pounds per 1,000 square feet. B). Clearing & grubbing of road surface areas. 1. All grass, brush, trees and vegetation that has grown up within the pavement area shall be removed in its entirety. SUBDIVISION RECONSTRUCTION I RESTORATION Page 2 "" J " . . 2. All grubbed areas shall be treated with a herbicide that is approved by State & Local Codes. The application of the Herbicide shall conform to the manufacturers recommended specifications. C). Clearing & grubbing of the Recharge Basin. 1. The perimeter of the recharge basin shall be cleared to a minimum of five (5) feet outside of the existing fence. The existing chain link fence is to remain. Care shall be taken to protect same. Any fence damage due to construction shall be repaired by the contractor at his expense. 2. The interior of the recharge basin shall be cleared in its entirety. The eXisting side slopes of the basin shall be regraded as necessary to provide a maximum slope of one of four. D) . Installation of new drainage Pipe & Manholes. all existing underground utilities prior installations. ) ( Verify to new 1. New 18" Dia. Corrugated Metal Pipe (or approved equal) shall be installed in the shoulder areas of the existing roads between the catch basins located near the Rte.48 entrance of the subdivision and the catch basin adjacent to the recharge basin along Stony Shore Drive. See schematic drawing attached. 2. Two (2) four (4) foot diameter precast concrete manholes with cast iron metal frames and solid covers to grade shall be installed in the existing shoulder areas to accommodate the new pipe installation. Exact location to be established during construction. See schematic drawing attached for approximate locations. E). Patching & Resurfacing of eXisting Roads. 1. All pot holes, cracked surfaces and areas cleared of vegetation shall be patched with hot mix Asphalt. Minimum patch thickness is two (2) inches. SUBDIVISION RECONSTRUCTION / RESTORATION Page 3 ~ ., (.', iI- 1. 03 1. 04 1. 05 1. 06 1. 07 ....... A. A. . . 2. Upon completion of all other phases of construction the entire road surface shall be resurfaced with one course of oil (RC 250 - 0.3 Gal./S.Y.) and Blue Stone (1/4" Stone - 25 lb./S.Y.) See standard highway specifications for additional information regarding pavement requirements. STANDARDS: A. All new construction shall comply with the fOllowing reference standards: 1). Southold Town Highway Specifications. CONTRACTOR QUALIFICATIONS: A. Contractor must qualifications: show evidence of the fOllowing 1) . A minimum of five (5) in road construction experience. years continuous experience and drainage installation QUALITY ASSURANCE: A. The contractor shall be responsible for verifying all eXisting conditions and limitations. The extent of clearing and the amount of Asphalt patch shall be verified by the contractor prior to sUbmitting his bid. B. The contractor shall be responsible for fUlly investigation the eXisting site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of drainage pipe, concrete castings, paving and surfacing materials shall be in accordance with industry standards. JOB CONDITIONS: Asphalt patch work: 1). No asphaltic concrete shall be laid during wet or freezing weather. 2) . Protect newly laid asphaltic concrete work from rainfall until it is completely set. 3). No asphalt or bituminous materials shall be placed when the outside temperature is below 50 degrees F. SUBDIVISION RECONSTRUCTION / RESURFACING Page 4 T:""~~""r--' " - -~.'.7.~.>,,~.,'" "7;'-_n'C"~,~,,~_~,~, :-'----':'. ~_,_..,..".__^c.~..". '.__~_ .'~'_ 'pre__' . . SPECIFICATIONS SUBDIVISION RECONSTRUCTION & RESTORA.TION: SHORECREST @ ARSHAMOMOQUE COUNTY ROUTE 48 SOUTHOLD, NEW YORK ~197~ AUGUST 9, 1994 STED SOUTHOLD TOWN ) ENGINEERING DEPARTMENT PECOHIC LANE PECONIC. N. Y. PECONIC LANE P.O. B~x 178 PECONZC. NEW YORK 11958 516 765 3070 . . PROJECT DESCRIPTION SUBDIVISION RECONSTRUCTION / RESTORATION: SHORE CREST at ARSHAMOMOQUE TOWN OF SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE RECONSTRUCTION AND RESTORATION OF ALL EXISTING ROADS AND DRAINAGE FACILITIES LOCATED IN THE SUBDIVISION. GENERAL DESCRIPTION: * CLEAR AND GRUBB ALL SHOULDER AREAS FOR A MINIMUM OF 7'-0'" BEHIND EXISTING CURBS. PROVIDE TOPSOIL AND SEED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * CLEAR AND GRUBB ALL ROAD SURFACE AREAS OF GRASS AND VEGETATION THAT HAS OVERGROWN THE SITE. ALL GRUBBED AREAS BETWEEN THE EXISTING CURB LINES SHALL BE THOROUGHLY TREATED WITH A HERBICIDE THAT IS APPROVED BY ALL STATE & LOCAL CODES. * CLEAR AND GRUBB THE EXISTING RECHARGE BASIN. PROVIDE A MINIMUM CLEARANCE OF 5' -0" OUTSIDE OF THE EXISTING FENCE LINE. RESHAPE THE INTERIOR OF THE RECHARGE BASIN TO A MAXIMUM OF ONE ON FOUR SLOPE. ALL EXISTING FENCE SHALL REMAIN. ALL DAMAGED FENCING SHALL BE REPLACED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * PROVIDE AND INSTALL APPROXIMATELY 400 L. F. OF NEW 18" Dia. CORRUGATED METAL DRAINAGE PIPE AND PRE-CAST CONCRETE MANHOLES AS REQUIRED TO CONNECT THE EXISTING CATCH BASINS AT THE MAIN ENTRANCE OF THE SUBDIVISION TO THE CATCH BASIN AT THE ENTRANCE OF THE SUMP. * PATCH AND REPAIR EXISTING ROAD SURFACE WITH HOT PATCH ASPHALT. (MINIMUM 2"THICK) RESURFACE ENTIRE ROAD SURFACE WITH ONE (1) COURSE OIL & STONE. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE: S. T. E. D., PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER _ (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. . . INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AlA Bid Bond Offer of Surety A-1 through A-1 B-1 through B-3 C-1 through C-2 D-1 through D-2 E-1 through E-1 AlA Document # A310 F-1 through F-1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions AlA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor Regulations Non-Discrimination Clause AlA Document # A201 G-1 through G-2 AlA Document # A311 H-1 through H-1 3-1 through 3-1 K-1 through K-10 L-1 through L-2 CONSTRUCTION SPECIFICATIONS General Conditions Part 1 - General Specifications Partial Site Plan Page 1 Page 2 through 4 SP-1 ,; . . , INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and rea tor at ion of all roads and drainage facilities in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 11 : 00 AM Thursday , .. September I, 1994. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitat~on to b~d ~s not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of Southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the for~ of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds ~n the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: July 26, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Jud~th T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 '" . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposa 1 s must be made in st ri ct accordance wit h the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southold Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southold. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his judgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they wi 11 be re 1 eased or ret urned to t he respect i ve bi dders' whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fully inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from t~e drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instructiorl to all bidders. SUBDIVISION RECONSTRUCTION / RESTORATION B-1 '" . . D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of contract will be made as soon as practical. a contract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form will be the current edition of AIA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town will either award the project or reject all proposals received within forty-five (45) days after the formal opening of proposa 1 s. The accept ance of a proposal wi 11 be a not i ce in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the contract and to deliver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of t he bonds shall not be 1 ess than one hundred percent (100%) of the contract price of the work. . F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. SUBDIVISION RECONSTRUCTION / RESTORATION B-2 " ~ . . G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. . TIME FOR EXECUTION OF CONTRACT Any bidder whose proposa 1 sha 11 be accept ed will be requ ired to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Failure to execute Contract shall constitute a breach of the agreement effected by the acceptance of the Proposal. The damages tot he Town for such b reach wi 11 i nc 1 ude loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to .comput e. The amount of the cert if i ed check or b i dde r' s bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Cont ract, and thereupon, his proposa 1 and accept ance the reof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date'. stipulated in the notice to proceed which was given to him by the Town of Southo1d and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. SUBDIVISION RECONSTRUCTION / RESTORATION B-3 .. . . PROPOSAL FORM DATE: /l.UG 3 I \994 .. 'Patrick Bistrian, Jr., Inc. 175 Springs-Fireplace Road' East Hampton, New lork lU137 3d?l-1950 NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: Acknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORECREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION I RESTORATION C - 1 . .. . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: {)'\J~ UL1NDE'Q"J 1=="D?T1 l ~~H'\L n-\Ct.A~O rr-11P'ir-::, (written in words) ~. \~ I {)()[). 00 (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in ct for a period of forty-five (45) days, the Town will a ept 0 ft' ct. this proposal or by mutual agreement may extend is t' e e Od~ Signature of Bidder, ~ ~ 'Patrick Bistrian, Jr., Inc. ,"", 1'15 SIll iugs Fir~fllaee R68d East Hampton, New York 1193'7 , Business Address: Telephone Number: 5 llo.. '3::~LL:_~qq) Date: AIIG31,qqA SUBDIVISION RECONSTRUCTION / RESTORATION C - 2 ~ . . STa~lT OF NO~-COLLUSION ; (To be Completed by Eac~ Bidder) I~ accordanc2 w~th Section l03-d General Mu~ci?al Law, effective S~pcamge~ 1, 1966, every bid or proposal hereaicar made to a political subdivision of the State of any public departnent, agency, or official thereof or to a fire district or any agency or official thereof for work or services perfo~ed or to be perfor.ned or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affir.ned by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjur'J, that to the best of k.,owledge and belief: (1) The prices i~ this bid nave 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 any competitor. (2) Unless othe~.ise required by law, the prices which have bee~ quoted in this bid have not been knowingly disclosed by the bidder and w~ll not knowingly be disclosed by the bidder prior to openi~g, directly or indirectly, to any other bidder or to any competitor. (3) No attempt has been made or will be made by the bidder to induce any other person, part~ership, or corpo~ation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully infor.ned hi~self regarding the accuracy of the statements contained in this certification, and uhder the statements contained in this certification, and under the penalties of perju~r, affi~s the t~th thereof, such penalties being applicable to the bidder~ as well as the person sig=~ng i~ its behali. C. That attached hereto (if a corporate bidder) is a certified copy of resolution aut~orizing t~e ~~ecution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 . . RES 0 L UTI 0 N Resolved that ~l7lrlL RI~TI?I~ J~_TNr be (~ame of COr?oration) authorized to sign and submit the bid or proposal of this cOr?oration for the follo~ing Project: . ~BDll ")1~lrrJ_~lll"-I~Tf?llCTI(j\j 61 ~:5\7"""Y'Allc:N - ~:;.r>Pc:-~ ~ ~~ArYYlIY1~l j~ (Describe Project and to include in such bid or proposal the certificate as to non-colluSion required by section one-hundred-three-d (103-d) of the General Municipal La~ as the act and deed of such corporation, and for any inaccuracies or mis-statements "_ suc c tificate this corporate bidder shall be liable under the pe:a~of The faregoi~g is a t=ue anc cor=ecc copy or t~e resolution adopted by ~171{.~ ~I:'-JTPI~ _ 'If> -:::L""'ir corporation at a meeting on the Board of Directors held on the ____ day of ~U6 Ld::5T 31 , 19~ (SL~ OF TEE CORPORATION) ~A1D [:{,.!\f; l~) Laws'of Ne~ York, 1965 Ch. 751, Sec. 103-d, as amended dffective September 1, 1965 ~-"Cc~ SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 .. . . NEW Ya:lK STATE AFFIRMATIVE ACTIOO CERTIFICATIOO (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: ~ei{\( BIDDE~'S CERTIFICATION t;:?\ ~121~ ,.J~ -TN (" (Bidder) , Certifies that: 1 . it th to use the following listed construction trades in the contract ;and, 2. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions fo~ participation in the Nassau-Suffolk County Plan will comply with the said County area within the scope verage of that Plan, those trades being: a. ;and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction wo oth state and non-state) in the afore-mentioned rea s bject to these Bid Conditions, these trades being: ;and, 3. it will obtain from each of its subcontractors and submit to the contracting dministering agency prior to the award of any subcontra or nder t is contract the subcontractor certificatio req re by t es Bid Conditions. , Representative of Bidder) SUBDIVISION RECONSTRUCTION / RESTORATION E - 1 , . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A370 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we IHere insert full nilme .and ilddress or lepl title of Cont"u:tor) as Principal, hereinafter called the Principal, and (Here insert full nilrne lond ilddres5 or legil.l tide of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full nolme ilnd ilddress or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ l, 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. W HER EAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Ptincipal 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 !!Vent 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 contrad with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) { (Title) (Principal) (Seal) (Witness) { (Title) (Surety) (Sea/) AlA DOCUMENT 4310 . BID BOND. AlA 18. FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVL, N.W., WASHINCTON, D. C. 20006 WARNING: UnI_ .............tno _ u.s. CGPrriOhl_.....ouIljectlD 1og8I_. " 1 . . OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the following surety: SURETY COMPANY Signed (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (Bidders Name) will execute the (Surety Company) the Surety Bonds as herein before provided. Signed: Authorized Official, Agent, of Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. SUBDIVISION RECONSTRUCTION / RESTORATION F - 1 .. - ( . . SUPPLEMENTARY GENERAL CONDITIONS The fOllowing supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I .A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, sUbparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1..1 ADD: .8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11. 1. 2 ADD: The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION G - 1 .. T . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor I s Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $1,000,000 Each Occurrence $ 1,000,000 Aggregate, Products and Completed Operations. b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a m~n~mum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability Insurance shall include Coverage for the following hazards: C (collapse), U (underground). e. Contractual Liability (Hold Harmless Coverage) : f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liabili ty (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A3ll Performance Bond KNOW All MEN BY THESE PRESENTS: that IHere inserl full n;lme lond oiddreu or leglol lille of Conlr.actor) as Principal, hereinaftl;!r called Contractor, and, CHere inserl full n.Jme and ;lddress or leglol Iille of Surely) as Surely, hereinafter called Surely, are held and firmly bound unto (Here inserf full n.,me lond 4ICldreu or lel;ll lille 01 Ownerl as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here insert full nolme, address and de-scription of projectJ 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here inserl full nlome ;lnd ;r,ddress or lelillf lille of ArchilKIJ. which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFOR,'I,lANCE BOND AND LABOR AND MATERIAL PAYMENT 801'\:0 . AlA @I HBRUARY 19:-0 ED.. THE ^MERICA~ INSTITUTE OF ARCHITECTS. l:'J,) :-.l.Y. AVE.. N.W., WASHINGTON, D. C. 20006 1 WARNING: UnllcanMd photocopytng vto..... u.s. copyright r... Md lalUbfect to legal pI'OMCUtion. .> c . . PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Ownf:"r to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis. trators or successors of the Owner. 19 I 'Pf/n<:ip.l/l ISeollJ (Wjln('~~) I Tit/C'J I (.C;Urt'I}'J ISt',l11 (Witnr~~) I Tit/t') AlA DOCUMENT Al11 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA 8 rEBRUARV 1070 ED.. TllE AMERICAN INSTITUTE OF ARCHITECn, 11]S N.V. AVE., N.W., WASHINGTON, D. C..20006 2 WARNING: Unllcenaed phAIC:._..,'tng vtotetee u.s. copyright '.we and Ia IUbIect to IerpI ptUMCUUon. ~ . . THE AMERICAN INSTITUTE OF ARCHITECTS i AlA Document A311 labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BONO IN FAVOR OF THE OWNER CONDITIONED ON THE FUll AND fAITHFUL PERfORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insetl full n.ame .lInd address or legal hlh: oi Contractor) as Principal, hereinafter called Principal, and, {Here insert full ".ame .and address or legal title of Suretyl as Surety, hereinafter called Surety, are held and firmly bound unto (Here inn:rl lull n.ame and addre" or legal IJlle of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equi;1 to ill least one-hiilf of the contract price) Dollars ($ for the payment whereof Principal and Surety bind themselves, their heirs, executors, successors and assigns, jointly and severally, firmly by these presents. ), administrators, WHEREAS, Principal has. by written agreement dated {Here insetl full name, address and descriplion of project) 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by {Here insert full ".ame .and .address or leg.1 litle of Architecll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT Al11 . PERFORMANCE. BONO AND lABOR AND MATERIAL PAYMENT BOND . AlA @ FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N. W., WASHINCTON, O. C. 20006 3 WARNING: Un/_ _pylng vto.....Us. _ I_and 10 oubjoct ID Iogol_. > . . LABOR AND MATERIAL PAYMENT BOND NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION is suct1 that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for lJse in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light. heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant. may sue on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless cl<limanl, other than one having a direct contract with the Principal, shall have given written nollce to any two of the following; the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans~ action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. bl After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state COurt of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United Stales District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 - I (Principal) ISe~1l (Wilnt'H) (Till(') f (SUf('/Y) (Sea" (Wilnt.\\) , (Titl(') AlA OOCUMlNT A311 . "[RH)RMANCE BOND AND lABOR AND MATERIAL PAYMENT BOND . AlA 8 FEBRUARY 1970 EO.. THE AMERICAN INSTITUTE Of ARCHITECTS, 17:1'; N.Y. AVE., N.W., WASHINGTON, O. C. 1000fi WARNING: Unllcenaed photocopying violates u.s. coPVrfght '- and I. subject to legal Prosecution. 4 . . GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, jUdgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: and any admittance or supplements thereto. , 19 IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of , 19 ___' Attest: Principal: SUBDIVISION RECONSTRUCTION / RESTORATION H - 1 . . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SUBDIVISION RECONSTRUCTION / RESTORATION at SHORECREST at ARSHAMOMOQUE COUNTY ROAD 48 SOUTHOLD, NEW YORK 11971 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. SUBDIVISION RECONSTRUCTION / RESTORATION J - 1 j . . S ECT.ION J< COMPLIANCE WITH THE L~3m: L~W AND OTHE,,'DE?ARTMENT OF ~30R REGUL.l.,TICNS A. STATE REGiJL~TIC:--;S 1. The Con~rcc~cr sherI comply wi~h the c?plic=blc provlsl::r.S of the lIlc=::r Le....." os cme:"lcec, or the Stote of New York. This Contrcc~ snell be void tJnle~s coctic:ble sec~ions of scid lober Low ere comclied wit'h. .. . 2. E::ch end every provision or Icw ond cleuse reGuired by lew ~o be pert of this Contrect ,hell be deemed te be included herein end this Ccntrect ,hell be re::d one enforced os though it were included he~ejnr ena, if 't!-:roughOme:-e mistcke cr o~herwise any such provision is not included, then upon the cpplic:::ticn or eirher pcdy here~o, the Ccr:~roct shell forthwith be pnysic=lly emended to ~=k= suc:, inclusion. SpeciFic:Jlly, Sedier: 220-e, or the Lebar Low, os so emended, prohibits in contracts, discrimination on account or race, creed, coler, or notioncl oris:n in employment of citi::ens upon Fublic wcrks~ . There may be deducted frem the amount pcyable to the Contrcc~or by the O....ner under thi, Centrect a penel~y of five (55.00) dollers fer eo=c:, per<on for ""c:, c= I enccr doy during whi c:, such pe;:.on was disciim in~ ~ ec ege inst or intimice~ ec in violction of Section 220-e.; provided, thct for b: sec::nc cr cny subsecuent violcticn of the provisions.of said pcrosrc;:h, this Contrcct mey be ccnoe'lled or terminated by the Owner cnd ell monies cue or to bec=me cue hereunder ..mey' be forfeiled. B. FEDERAL REGULA.TIONS 1. CE"T1FICATION OF NCNSEG~EGATED FACILITIES By the ~ubmi~sion of this bid, the bidder, orieror, cppliccnt, or subcontrcc~::r certifies that he docs not maintain or provide for his employees any ~egrescted rac:Ji~ies at cny of his estcblishments, one ,that he does not pe:-:-nit his em:::fcve: to perror.TI their services of any IcccHen, under his control, where sesrc~~:d facilities ore maintained. He certifies further that he wilt not mainloin or provide for his employees on ~csres.ated fociliHes ot cny O'F his establishments, end ~hcl he will not pe:mil hi, employees to perform their ,ervice, ct eny loc::tion, under ~his c':lntrol, where segrcscted rocililies ere maintained.. The bidder, orrcr':lr, cpplic:::nt, or subcontractor O'grees that 0' breech or thl:s ccrtific::ticn is 0' v;O'fcHcn of the Equc! OFPor~unity clouse in this c=nlrcct_ As u~cd in this certification, the term "sesrcgcted facilities" me:::ns any waiting rooms, work areos, rest roems cnd wed, roems, restaurcnts cne other eating arees, time clocks, locker rooms ond other storage or dre!.s.ing orees, SUBDIVISION REGONSTRUCTION / RESTORATION K - 1 --.-- Jt--. . . time clocks, ,locker r::cms end other storage or cire!lsi~c: crees, perking ior~1 drinking fountain:., re-=iecticn or c:'\tcrtcinrnent crees, trcr.=.::ortcrior'l, C:1C hcusinc facilities cr:vided for err:ploy'e~s wnic:, ore se;:-e;-::tcd by explicit direc:-tve or ore in' rcc~ se=reg::ted on the bcsis of rcc~, cie~ci, color I or I . b ., ,. l' I ,. H f .' notionc cr:Sln, e-::c:.;se or nC::lt, cce C:.Jstcm, or ctt'~crWlse. .e urrner '( "".,., t' I ... . r cgr~~s thc~ exce~t wnere ne nos cotClneo:::: lcen IC= C=;"~lrlc=tlons .rom proposed subc=ntrc=~crs ror spe::ific time pcricc::.) he will:ctcin icc:":tic=! ce:-:-ific=!ic:-:s from pr:::pcsed ~ubc::ntrcct::n prier to the c',...,crc of su~c::t1trocts exceeding 510,OCO wr,ich ore not exempt from the provisions of the E~:.Jcl Opportunity clouse; ~het he will retain such ccdific=~ions in his rile~; C:1C thet he wi II ferNerd the following notice to sue:' p:r=~c':.ed succ=nrrcc~on (exc=:=t wnere the proposed subcontractors heve submin~d iecnticel cer~ific=ticns for specific: time periods): 2. NOTICE TO PROSPECTIVE SU5CONiRACTORS OF REC)UIREMENT FOR C:?,i"IFICA,TiC'NS O~ NCN SEG~E(~ATE:J F,4CillT123 A certificcrion or Non~esregcted Fcc:iliHes must be submit~ed pr:cr to the Q'NOrd of c ~ubc:::ntroct exceeding S10,OCO which is not exempt from the provisions of the E:;ucl Opportunay clouse. Tne cedificction mey be submitted either for eoch subcontrcct or fer ell subc:::ntrcds during 0 peried (i.e., Gvederly, ,emiennuelly, or ennuolly). NOTE: The pcnelty fer making felse stetements in offen is prescribed in 18 U. S . C. 1001. .'Durins the performance of this c:mtrcct, tOne ':cQ:trcctor esre~s os follo'.....s: (1) The contrcdor wi!! not d.iscriminate cscinst any emplcye~ or cpplicont fer employment because or roc.e, cre~d, color, or nctionc::l orisin.. The contractor will take effirrnative oe~ion to en'ure thet eppliccnls ere employed, end thet employees ere tre-.:Jted curing emproyment, without res=rd to their roce, .creed, color, or netional origin.. Such ecHon sheIl include, but not be limited to h .' t e fonewing: employment, upgrading, demotlcn cr tr:nsfe:-; re::::-uitment or reCiuitment advertising; Icyoff or termination; retes of Fey or other forms or compcn~c:icn; ond selection tor trcinins, incfuding o;:prenticesnio.. The' contrec~cr agrees to pest in conspic:..rcus pIeces, available to cmp'lcyee~ end oppliccnts for employment, notices to be Frovided by tnt!' contrecting officer setting forth the provisions of this nondiscriminetion clcuse. (2) The contrcc~or will, in ofl solicitations or edve~tjsements fer empfoyees ploced by or on beholf of the centreder, ,tote thet ell qualined oppliccnts will r~ceive consideration far employment witheut re;:rd ~o race, ci'eed, coler, or netional oricin - . (3) , Tne c-::nti'odor will send to each leber unien or rc:?r~scrdctivc of work"'.... wi~h which h.e hes a collective bcrS::::ining agreement or other controc;'~r undcrstcnding, a notice to be provided by the agency conrroctina .officer advising the lebor union or workers' representative of the c:=ntra;~or's ' commitmenll under Sed ion 202 of Executive Order No. 11245 of September 24, 1965, ond ,hall post copies of the notice in cO:'lspicuous ploees ovoiloble to employees and oppliccnll for employment. SUBDIVISION RECONSTRUCTION / RESTORATION K - 2 ...L. . . (4) The contrcctor will comply ""irn ell pr::vi~jcns of Exe:'.Jtjve Cider No. 112.:!.S of Septcmbe:- 24, ]965, end or the rules, one re;~lcticns, end re!evcnt orde~ of the Se::,etcry of l::bcr. (=) Tne c=ntrcc~::r will rU:"i'1ish 011 inrcrmc:ici"l C:"tc re;::cr~:; re~~ire.: by E..'(e:::.:rive Orce:- No. 112.i6 of Secte:-ncer 24, 1965, ene by the rule~, re;uIcticns, cnd cree:-:: or the Se:::-e:cry ~r Leber, or pur:ucnt tne:-eto, end will permj~ cc:~~: ~c his beCK:, ree::r::::, end accounts by the c=ntrcc~ins c;ency cnd the Se=:-erc:-:,... of leber fer, pur;:cses o'r investis=~ion to ascertain com;:licnce with sue:' I""..;!e:, re;'.J fati ens I end orcers. (6) (n the event of the contractor's noncompliance wi~h the ncnd:sc"lmlt~cricn' clouses of this contract or with cny of such rules, regulctions, or orde:,,'S, this contrcc~ mey be c::ncefed, ~ermincted, or suspe:1ced in whole or in pert c~d the c::lntrcdor mOl be declc~ed ineli:;ible for fur~her Gove:-:-:me~t c:::ntrcc~s in occ=rccnce with procedures cuthcri:.ed in Executive Orce:- No~ 11245 of Sep~ember 24, 1965, end 'uch o~her 'cnc~ions mcy be impesed cnd re:7ledies inveked es provided in Exec'Jtive Order No. 11246 of Secte",ber 24, 1965, or by rule, resulctien, or order of ~he Secre!cry ~f lcb;" or es otherwise provided by Icw. (7) ihe contreclor will include ~he previ,ions of Fc,csreph, (l) through (7) in every succ::::ntrcc:t or purchcse oreer unfess exempted by rules, re:;:..slct.icns, or orde~ of the Sec:-etcry of Lober issued pursuen; to Sec~icn 204 or . Executive Oreer No. 11246 of September 24, 1965, so thct suc;, provisions wi!.1 be binding upon each subcontractor or ve:1d=r~ The c:::ntrcctor will toke such ccHen with respect tCfCny subconl'.cct or purchcse order as the cont-recfing agency mey direct as c mecns of enforcing sue:' provisions, including !.Cnctions for nenc~mFlionce: Provided, hcweve~, that in the eve~t the contrcctor becomes involved in, or is threor~ned with, JHisction with 0 subcontrcctor or vendor as a resl,Jft of such direction by the contrcctin~ agency, the contractor mey re'iue~t the United Stotes to enter into such - litigdicn to pralest the interests of ~he United S~etes." 3. FEDE:<AL PROCUREMENT REGULUIONS EQUAL OPPORTUNITY IN EMPLOYMENT 1-12.805--4 Reoert, and Other Recuired fnformclion (0) Requirements for prime contrcc~crs cnd subc:::ntrccter::. (I) Eoc:, agency shcll require ~ch prime conlroctor cnd each prime c::ntrcctor end subcont recter :;hc I J ccuse its subcontractors to fi' e cnnucJry I cn or before Merch 31, compfete cnd oc.:urcte rc::::o~s on Stenderd Form 100 (EEO-J) promulSoled iainrly by the OHice of Fe~er~1 C"nlrad C"mplionce, the Equal Empleyment Oppertunity Commission, and Plans for Progress, or on such form as may here-ofter be promulscted in its place, if such prime contraclor or subcontractor (i) is not exempt from the provisions of this Subpart 1-12.8 in ac:ordence with 1-1~.804; (ii) hcs 50 or more employees; (iii)-is a prrme contractor or ("s/'-tier subcontractor; and (iv) has c controct, SUBDIVISION RECONSTRUCTION / RESTORATION K - 3. .. (4) i -J2.8C5.4 . . sub-contrcct, or purchcse crder cmounting to $SO,OCO or more, or Serves C~ c ce?OsitciY of Government funes in any amount, or is c r. . I. . t.' ..,. .. ,. r U" lncnc:c lnstltu Jon WnIC:1 IS en 1~5ulng one paYIng o;e:it or ..... scvins: bene:. ene $C'I'inS: ncte~: Pr::viced, ihcr ~~y suocor-,t;-:::C:::::i below the fir:t tie:- whie:, pedorm: c::nstruc~icn work c~ the sae of c::::r.sti'Uc:icn sheil be resuirec, to rile such c re?cr~ if a mee~: t~e requireme:-:ts in subdivisions (i), (ii), ene (iv) of this pc:-es:-:;::,:' (e) (1). (2) Eoch person required by subparagraph (1) of this paragraph to submit reports shell file suc;, c report with the c=ntrccting or OC:ilinis:er- ing cgerlcy within 30 days ofter the oward to him of 0 contrcct OJ subcontract, unless such person hos submitted such c re?cr~ wirhin 12 monrhs pre=ecing fhe cete of the aware ~ SL:cseqve:1f' reper~:i snell be sucrnitted cnnuafly in occ~rdcnce with subpcrcg:"opn (1) or this paragraph, or at such other intervals os the agency ar the Director mey resuire. The agency, with the cpprovcl or the Dire:~cr, may extend the time for iiling eny report. (3) The Dire=tar, the osency, or the appficant, on their OWTl motioi"':s, mey rec:uire a Frime contractor to keep employment or other rec~rds end to Furnish in the. form resuested, within recscnebfe limits, such inf::rrncticn os the Director, cgency, or the cFplic:::nr cee:-ns ne=esscry fer the ccministrction of the Creer.. The Failure to file timefy,.c:::lmplete, and cc=urc~e reports, os re- quired, con:::ti~utes noncompliance with the prime contrcc~or's or subcontrcc:or's obfigctions under the equal Opportunity clouse end is 0 ground ter the imposition by the agency, the Director, on cppficcnt, prime contractor or subcontrcctor, of any sanctions outhori"ed by t~e Order and the regulotions in this subFcrt~ Any. such Feilure shell be reported in writing to the Director by the esency c;:s Soon as prcctic.:ble after it oc-=:.r~.. Re~crt:i end ether Requir~d Infcrl":':c~ion b. Requirements For bidders or prospective con~rcc~ors. (1) , -.- "-.. _._~---~.-.... coer, agency shelf resuire eoc:, bidder or prospective ~rime cont.-:::ctor end prcpo~cd subcontrcctor, where appropriate, to stct~ in the bid or ot the cut:.ct of negotiations for the contract whether it hos pcrti_ c:pcted in any previous c:::ntrcct or subc:::ntr.::ct subfe=t to the E.:;wcf Cpportunity clouse; end, if so, wnether it has (ired with the Joir:t Re;:orting Ccmmi:tce, the Dirc:::~cr, en oscncy, or the fOr.":'1cr President's Committee on Equel Empleyment Opportunity, ell re=erts due under the opplicoble Filing requirements. The stot",,",erit sh~lI be in the rorm of 0 representetion by the bidder or offeror sub- stentielly os tallows: ----_._._._--~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 4 o -,)"..._- --__...____..u . .,_. . ( ". , '-r' '~e' .~.. .n-. ()" 1:"10 c=cr::r 01 I c:"o:") r~=r-=.(.:.. ~ '" " "_ . _~'. '..:=~ ~ - . . . . - I -~..... 'uo--:'1~r-c. ~UCr"-~ to nOl, PC:"tlCl=c~e= In C ::lrOVI01..:: c::r:.rc..... ...'.. ........ _ . 4 ,__' the E~u~l C;::?=duni~y 'c:lcuse heroin, c:- r:,e :;::...:~~ :riginc!!y ~:::~- fcined in se::Hcr: 301 or Exe'=~tjve Crde~ No. 109:~.. or th"! c:ct.:se e~ntoine::: in sec~icn 2Gl or Ex"c:;tiv~ Cr::er No. 11114; tf:o! ne ( ) he:, ( )hcs net, f'ife-= ell r~quired c=~::lic:ic~ re?=r~s; c;,,;d ~~ct . ..." '" .. .. - ......0..-- ....--...... re~re:::C:it::::~IOr::s I:"'iC1c:rlng ~l..'cmIBlcn or r~q',Jlre:: C_li'!::-Il ,,__, _,__' .", . . I . ~ucc_--...'r~~..~.... ''':.11 ~..._ ~~;.-:;",,:ec .=rror ~o ::..:::_ Sl;;~e: ::y :=:'"::~::s~= _ _ _ _ _ ~ '" _ ___ C=r:ti:::C~ c.....er.:::. II in c::nne::~jc;'1 , , ) ... '-"... t:i.. C,'-_5.... ',' WI," ( ~...- ..._.;. !o~ .u'~-...',... '. "_-_' 7~e c::cve re;:I"~~~;'.,-=~:c:"': :-'.~_..: ......1 _.._ c=r.!rc::~~ or succ=:"':~:"=::~:; wr:ic:, ere =x~~.=r rj"=~ When c bidder or OriC!r:::r fcijs ~o c;<e=:.;~e ~he re?re~entcrion, ~he ., 'II b ",J . ., ", . 'f, b'" omlsslC:-; S""C e c::::n~lcel"e_ 0 r.'Hnor tnrCrmcll,y ono . e lc.::er or .. '11 ' '. '. f, , .'. ' ,oner::r S.ia oe permittee to sch'i~y t e req:.Jlre:":'le~1 prrur Ie ,ewer:::.. (2) In any ccse in wnic:n c bidcer or pr:::~e::~jve prime c=nr.:::::~.:::"::r pr=?~sed subc.::nrr::c:or, ......nic~ ~:::I":;ci::cred in c previows c=:"'::I"::':~ or su=c~:--:tl"::::c: SJ..:bie::r to &e:::.;tive Orders No. 1C9:25, 111i.!, or 1124.6, hO's net fi~ed c re?ort cue under the =?;:lic=Sle fifins reG:...!ire:-:-:e:"lts, no c::nti=C~ or subc:Jnr:,,:::c~ snerl be cwcrced, unless suc..:, c:::nll"::crcr submj~s 0 rcpod cevering the celinquc::-'.t peri:::::" or suc:, c~he; period specified by the csency or the Dire::tor. (3) A bidde; or prcs?edive Frime contrcctcr or pr=?csed subc:::nti"c:::cr snail be required tc submit such inforn-:cricr: os the agency or the Direc~or requests pri;:,r ~o the ewerd of ~he C::lnt:.::::::~ or subc::nt:"cc: ~ Wner1 0 cete:-rninction ne," been mcce to cwe.d the con~rc::t 0:" swo- contr:::ct to c specific contrcct:::r, such COr.~i:::ct:::r shell be .res'..:ired, prier ~c awcrd, or cfte; tne ewei'd, or beth, to tur:--:isn suer, other infcr:"ilcticn os ~he csency, the cppfic:nt, or the Director re~wests. (e) Use:or Reper~s. Reports filed pur:ucnt to this 1-12.EC5-4"shelf be used only in connec~ion with the cdminis~rcticn of the Order, the Civil RiSh:s Act of 1964, or in furthercnce of the purposes of the C'rcer end soid Act ~ (e) Aequisi~ien er Repert Pe""s. Stcnc.crd Form 100 is available in eff GSA suppfy depots. <;:opies of the form mey be obteined from GSA throu~;' the c::ntrcc:ing or odC':1inis~ering cgency. jr,e stock number fer the Form is cs rcllo...vs: Stone:;:rd Po= No. 51 eex Nu~b~r Title 100 7540-926-2049 Equel empleyment epportunity employer informetion reporr. SUBDIVISION RECONSTRUCTION / RESTORATION K - 5 .,~ 1-12.E05.4 . . PROCURSMENT ST":-NO":-RDS A. All Contrec!, end Subsrent' for con'!rudien or repeir shell . I . .. r '.. . ~ C . . II AI . lnc.uce c 'preVISion .er C::rr.pllcnc~ wl1'n ,~e ::~e!cno .......itl- Kick :ccx:u A.c~ (18 U.5.C. a7~) =~ sup~le~e:,;ted in O'!:::::"~:=':~~t of Lobor Re,,:.:ldicns (:9 C::K, Por! 3). This ":-c! proviees the! e-=c:, C::;ti'Cc~cr or Subg:"::::;t~~ 1:,el1 be pr~;"joi~ed rr::m iilcucir:s, by cny mecns, ony pe:"~cn emplo;rec in the c::nst-ruc:iciI, c::mp!e~icn, or re;:cir of puolic wark, to give up cny pert or the c::mpensction to whic:, he i~ other'..,ise e~~ir!ed. The Grc:"":.tee shell report 011 suspected or reported violc~icns to the Grcntcr Agency. B. Where epplic:::bJe, ell Contrect, ewerded by Grentees end S:.:b- grcnte~s in exc~s.s of $2,OCO rer c::ru~i'..Jc~icn c::mtroc~s c;:c-in excess of $2,500 For other c:::t1'trcc~s which involve the em- ployment of mechcnics or fcbore:-s Shell incluc.e 0 provision for complienc~ with Sed ions 103 end 107 of ~he Cenl,:::cl Work Heurs ene Safety S~ene:::rd, Ad (-"0 U. S. C. 327-330) os suppreme~ted by Der=crtme:1t of Lebor Re;ulcricns (29 C:=R, P:::rt 5). Under Sectien 103 of ~he Act, e:::c:, Con/redor shall be required to compute the woges of every mechanic end loberer on th.e basis of 0 standcrd work dcy or a hour'S ene c stcncc..d wark week of 40 hours ~ Work in exc~s of the stene::..::: workday or workweek is pe:-:-:-tissibl e provided the: the worker is compensated ot c rete of not less then 1-1/2 times the bcsic rete of pay ror elf hours worked in exc~ss of a hours in any c:::lender eay ar 40 hours in the work week. S~dien 107 of the Ac! is applic:::b4'e to c:::nstrudien work end provides thet no loborer or mechcnic shall be rec;uired to work in surroundings or under werking conditions which ere un:cnitcry, hc=.::rdous, or daneerous to his h=l~h end sefety es ee~er",ined lJneer constru-ction, safety, end ne':JIth stendcrds pr:::::;:ulgc~ed ::y the Secretery of lebor. The,e reqlJire"'ents do not epply to the purchcses of sup::: I i e~ cr mc.~eric I s :::r crt; 01 e:: ordincrily c....ci ieb r e en the OpC'il market, cr c::n~rcc~~ fer tr::::i1Spcrt~~ion 0'- tr:::i:.miuicn of intelti gC:1C~. C~ E::ch Contrcct of en amount in exce~:s of $2,5CO c'lNQrced bv a Grentce or Sub"rentee ,hell provide thet the r~cipienl will' c::mply with applicable re;ufcticns end sfcnc::::rds 0; the Cost liyin~ Council in establishing woges cr:c pric~s~ The prevision Shell cd'.li~e the recipient that sucmis:;icn of c aid or offer or the submitter of en invoice or voucher for pro~er:)', gocd~, c.- sc~vic~= fur:"lisncd und~r c o=rdrcc~ or c3'rCC:7le:1t with the Gr=:-:tee sholl c=n=~itutc a o~rtifjc=ticn by him that cmounh ~o be acid do not exceed meximum elloweble levels eut:,orb:ed by the C~s! of Living Council re"uletions or ,!anderes. Violations shell be reported to the Grantor Agency and the lac::: 1 Internal Revenue Service fi~lri o'flce. SUBDIVISION RECONSTRUCTIO~ESTORATION -- K - 6 > . . . D. C.:mtrc:~~'cnc StJbsrc~t~ of C:-:"lcunt~ in c;c:c~~ of $lCO,CC . II . . . " I . r' " J t S,iC c:ntoln c pr'::vl~lc~wnH:!1 re=:ulrc~ :"Ie reclple:-:.. ::: cs:oee to c:::mply wjt~ ell cpolic=ole ~~cnccrd:, orde:"~, or re;ulctions issu~d pur~ucnt to the Clc=:-: Air Ac: or 1970,. Viclc:icns she/I b~ rer::::rtec to t:,e Gr::;:=r Ase~c!, c:":c ~:-:e Re:;icr:ci Cffice .::: the :;;.....:r:::1me;;~c: ,:::;=~e-=~jc:i .A,ge~cy. E. C=n;rcc~s she!1 c::nrc:n suc~ c=ni'j'cc:ucl ,::rovisions or conditions which will c/!cw fer ccmii',isrrctive, c::ntrcc:ucl, or lesel remedies in in:tcnce: whe:-e c::n~rcc~cn violate or breech c:ntrcc;:; tc~s, end provide fer sue.:' sO:":c:icns ene penclties os may be appropricte. F. All c:mtrcc~sl amounts for which ore in eXcess or $2,500, shell contain suitable provision~ fOi ter;"':"lincHcn by the' grantee includ:ns; the :TlC."1ne!" by wni:::, it ',viII be effe-::~ed end the bcsis for setrlemC:"It_ In cddi~tcr:, such ccnti=C~:i: shelf describe conditions uncer which the c=ntrc~t mey be ter-:7Iincted fer default as well os conditions ......here the c:::::ntrcct may be terminated bec:::t.:se of ci:-:::.;r"srcnces beyond the control of the conlredor. Goo r.., err c::lntr:::c~~ for C::r:structicn or fcciii,'y imFroveme...,r awarded in excess or SlOO,CCO, grantees sheIl ebse:"ve- the bending re::::;uiret':1ents provlce::: in A:-i"cchment B to this Circ:.:lcr. H.. All c:::ntrcc~s cr:d,f:u6gronts in eXcess of SlO,CCQ sholl in- cluce provisions For c:::mplionce with Exe-::urive Oreer No.. 11246.. entitled.. "Equal Employment Oppor~unjty..u os. supplemented in Deportment of lobor Regu.!otions (41 CFi<, Po~ 60). Eeoh controdor or subgrontee sholl be required to hove cn affirmative action pron which declares thct it coes not di:c:""fminote on the bcsis or rcce.. colc., religion c"e--: .. . -....1 national origin.. sex.. and cge end w;'ic,~ specifies coe:!s end tc..set detes to C~~urc the imprementcticli of that pl~n. The ~r~n~ee s.hcll es~cblish procedures to, CSSl.'re c::.mplicl'1ce with tn l~ rcqurremc:1t by C'::l'1t:-cc~or: or SUOsrc:1tees end to cssure thct Suspe:::~ec or reported violcrions ere pr:::::mptfy investiccted.. SUBDIVISION RECONSTRUCTION / RESTORATION K - 7 .. I . . COMPLIANCE WITH ?ROVISIONS OF THE V,50R L.l.W Pur:ucn~ to "Article a of the lc=cr Low, the c=n~r:c~cr's c~~cr\ticn is djrcc~ed ~o the Following re<:;uire:nent', 1. Se::~icn 220.2 which req'Jlr~~ C :tjpt.:rc~icn thc~ no rcbcre~; ......orkmen or me:~cnic . hi'" , , , . In t e e:-:1p cy or t..e c:::(":trcc~:::r, su=c=t""itrcc~cr or othe:o r:~:-;.:::n C~ln:; or c::-::~:::::~_ ing to do the wncle or C Feit of tne work c:::nte~plcted by the c:::nr:-::ct shc::l be Pe::"':"lined or re-::uired to werk mere then eicnr hours in cnv one c::!encc:- d='1 :::- . - J I mere then five dcys in cny one week ex::e;::t in the e:1"lerse:"lc:~~ .s.e~ fcr~h in ti-1e Lobor Low. 2. Sec:ion 220.3 which requires 0 prOVIs.lon that eo:::' laborer, workmen or med~cnic employed by the contractor, subcontractor or other person obout or upon ,uc!' public work, ,hall be poid nd less then the prevoiling rote of wage' ana ,holl be. provided supplements not le~s than the prevcilin.s supplements os deter~inec by the fi,cal officer. 3. Sec~ion 220.3-= also requires thet the c.::ntrcctor end every subc=ntrcc~or on public: works c:cntrcc~s shell pest in c prominent' cnd accessible pIece on the site of the work c legible stete:nent of all wese retes end supplements os specified in the contrcct to be paid or provided, os the case mey be, for the vcrious cresses of med":cnics, workinsmen, or loborers employed cn the work. 4. Section 220.3-e provide, thct apprentice, will be permitted to work os 'uc;, only when they ere resis_tered, individually, under c bone fide prcsrc:n registered with the New York Stote Deocrtment of locor. The cllowable retio of c==re:1tices to journeyme:1 in cny creft clc!sificoticT}.. shell not be gi'c-::ter thon the rct'i~ pe":":iJitted to the contrcdo'-cs to his wor~ rcrce on Ciiy job under the registered program. Any employee listed on c payroll et cn epprentice wcse rote, who is not registered es obave, '!'cll be paid the wage rcte determined by the New York State Deportment of Lebor For the classification of work he octually pedormed. The contiCctor or Subc::lntroc~or will be required ~o furnish wriHen evidence of the regis~rotion of his program end apprentices as weTl os of the cF~rcp~icte ratios cnd 'NOge roles, for the cree of constructicn prier to using cny apprentice on the contract work. ." 5. Section 220-e wnich requires provisions by whi~h the c::ntjcc~cr with the Stcte or municfpclity csr~~s: (a) T!'ot in the hiring of employee, for the perrormonoe of work under th"i, controc~ or any subcontract hereunder, no contractor, subc:::ntrccrcr I nor any person ac~ing on behalf or such ccn!roc~or or subcon~rcc~cr, snclf by re:scn of rece, cjc~d, color or netionol origin discriminate oscinst cny citi::en of the State of New York 'Nho is cualified end o~ilcblc to perior.i1 the work t ,." I J' o Wr1IC.' tnc amp eymant re cte:i (b) lnct no c=ntrcc~or, subc.::ntrcctor, nor cny per~cn en his behari' sholl, in cny manner, di:c;-iminctc cgoinst or intimidcte cny emp'oy~e hired for the performance of work under this contract on account of race, creed, color or national origin. (Your attention i, directed to the provi,ians of t!,e Stote lcw agcin:st Discriminotion which also prohibit discrimination in employment becau'e of age); SUBDIVISION "RECONSTRUCTION / RESTORATION K - 8 -'" . . ~. (c) -h h ~.., f h '1 ..' t. b ' 1 ot t ere mey ....e ceoucte: rem t. c cmcvn~ P'=YC:l e '0 ,ne con rcc.or :' lne S "I" h' I_ . r' 'II' . tc~e or munlcq::c Ity unGC:" LIs c:ntrcct c pe~c .y at 11Y~ c= c:"~ rer e-:::::; r . . .. I.' . ' "... . . .... _ . c::,e!1c:::r ccy cUrlng wnlc~ :;UC:l pc:"'~=r. we:; C::;C';"li.':lnc~c= c;::ns~ or Intl~l=.::e: in violction of ~he r:r=visicl"':s of the c=r.trcc~; (d) Tnct this contrcc~ me:1 be c::r:c~!lc~ .::r ter~inctcd by ~he Src~e or mur:jc:~=!- itYI end elf moneys cue or ~c bec:i.ie cue hereunder may oe fcri'eitcd, fer c se::nd or any subsesue:1t vie/ction or the terms or c.::nciticns of this se:ticn or ~he c:mtroct. 6. The aForescid provisions of Section 220-e whic:, cove!"'s every controd for or on benclf or the Stote or municipclity for the mcnufacture, sefe or districul'icn'oF mcteriels, ec;ui;:me:"t or supplies snell t:e limi~ed ~o oper~tions perfor;:-:ed wifhin the te"itoriel limits of the Stete of New York. 7. Section 222 which requirl:~s ~hct preference in employment sheff be given to citi- zens of the Stete of New York wno hcve been resid~nt:; for ot le-=s: six ccr-:se::::..diy. mcnths imrnedic~e!y prior to the c::mrnencement of their e;,"!ployme:rtt; thet pe:sc;:s other then c:iti=e:'lS of the Stcte of New York mcy be C:TIployed when suc:' citi::e:;s Ore not evailcble; end thet if the rec:;uirements of Section 2.22 conce:nins; Frefe:- e:1ce in employment to cjtjze~s of the Stcte of New York ere not cornpried with, the c::ntrcd shell be void. 8. Se:::Hon 222-0 which requires thet iF in the c::lt":strtJcticn ot the public wo~.< c her:":"lFul dust he:::::.::' is cre-=tec for which c~Flicnces or methccs for the eliminct- tion or hcrmful cust hc==rd is cre-=tec for whic:' appliances or methods fer the eliminetion of hcrmful dust heve !ken approved by the Bocrd of Stenderd Appe-=!s, such epp!icnces or methods shall be installed end mcj;'~cined end effecHvely operoted by the contrector; end thet if the provisions of Sec~ion 222"", concerning hermful dust hezerds ere not complied with, the con/rod shell be void. OTHER R'ECUIREAiENTS Every S~c!e c.::.,trecting agency, induding Public outhori~ies, l":1u~t include in ecc':' c.::ntrcc.t pcrc:;~c?hs (c) ~hroL.:S::' (,s) of the Sk:ncord $tc~e Confrcc~ clcu~es prcmul:;:=~ed by the Gcver:1c:- on Se~lember 12, 1963 end emenced November 14, 1963. Lebar classiFications not appearing on the acc::::mpcnying schedule of 'N'Cges c=n be used onlv with the consent of the deportment of jurisdiction ond then the rete to be peid will be give~ by the de;x:rtment of jurisdiction efter being odvised by the New York Stete Deoortment of 'lobor. , Tne centrod::r sheIr meke ,ucn provision for discbilily benefits, workmen's compen'clicn, une:nployment insurence, sociel sec:.uity end ,efety c::d" provisiens es ere re~"ired by lew. SUBDIVISION RECONSTRUCTION / RESTORATION K - 9 .io '; -. . I R I' N 1 . ,. 'h ".. C " f '-' __ . Gencrc." C"SU chen o. , os l~ue~ =y, e _,c,e omml$Slcn cr ,.umCn ,.~IS:"lt~, r~~-..:jr~.:: thct e~c:' C::::ntr::c~ c::::n!c:r::: c sfi~u.lc;ic:"l thc~: lilt i:> he!"~oy c;:-'.:e.: oy or.':: =et'Nc~:'1 the . h h' d' t .. h ' ,. " pcrt1es I erc!o t ct eve!".y con~rcc~cr or. Suoc::n rcc~or ens-=sec rn t. e P:..:::tIC wen< cesc:.;ce-:: in this c::ntroc~ shell pest ene mcintain at ecc;, or his es~cbl;s;"m~:1ts end:::~ ell ?lcces ot . . h ' I- ,. _I, r .. I . '~ . IN' ., ~ wnic:1 t. e ?UO Ie worK CeSC;"ICeC '''e:''~:..:ncer IS oelng c::ncuc.ec, t 1e C~IC~ or ~~e .:::otcte CCr:imission for Humon Richts indic:tino the substantive previsions of the Lcw ":"c.cinst - - - Discrimination, wnere compfaints may be filed, end other pcdincnt informc~ic:"':. Sue;' Notice snell be posted in ecsily cccessiole end well liS:,t~d pIeces c~stomeriry frequen~ed by.emproye~s end cpplicants for e~prcyment~ II The Notice mey be obtcined from ~ne de?crtment hcving iuriseiction, or from the cffic~ of the State Commission fe; Humcn Rjcht~ in the respective crec~. _ You ore recuestec to refer to t:,e ourecu of Public Work ell chaises or c'isc;imincticn in employment including di,c,iminc'icn'beccuse of cge, rcce, creed, color or nctioncl origin SUBDIVISION RECONSTRUCTION / RESTORATION K - 10 .. , . . Se:CTION L NON-DISCKIMINATION CLAUSe: Durin; ~he ?err::::r.":"lcnc~ or this c:onl'j'::::c~, the c::::n~rcc~or c~ree:; os follcws: o. The Contrcc:~cr will net disc:-imincte cscinst cny employee or c~pl;c.:::nt ref emFfo:--- ment bec::use of rec.!, creed, colof, or nctioncl origin, ond will toke cffirmctiye acHon to insur~ thoI' they ere afforded equal employment oppcrtunil'ies without discrimination bec:otJse of race, creed, color, or notioncl origin.. Such action .hell be teken with reference, but not limited to: re'cruitment, employment, job assignment, promotion, upgrcding, demotion, tronsfer, layofF or tClmin"crion, retes or pey or other forms of c:ompen:.ction, and sclec.~ion ror training or retrain- ing, including c??re:"ltic=~hip end on-the-job, trcining. b. The Contrector will send to each lebor union or re?resentctive of workers with which he hes or i. bound by a collective bergaining or other ogree"'ent or understending , a notice, to be provided by the Commi..ion of Humen RighI., odvi.ing .ueh lebor union or re?resentative .oF the Contractor's agreement under clcuses "a." through "h. hereinafter c:::lIed "non-discrimination clauses", end rec;uesting such labor union or re?resentcrive to agree in writing, whether in such collective b::rgcining or other agreement or understanding or otherwise, thet such labor union or representative will not discrimincfe against any member f-r cpplic::::nt for memoership because of race, creed, color, or notione! origin, end will tcke affirmative oc~ion to insure thet they ore efforded equal membership opportunities without discciminotion beceu.e of rece, creed, color, or nctionol origin. Such action sholl be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, de- ..motion, transfer, layoff ~r termination, retes or FCY, or other rorms of compensction, end .election for treining or retreining including apprenticeship end on-the-job trein ing. Such notice .holl be given by the Contrector, end .uch written egreement sholl be mede by .uch lobar union or repre.entetive, prior to the commencement of per- formances of this contract. If such lebor union or representative roir~ or ref'u~s so to agree in writing, the Contrcc~or shell promptly notify the Ccmmissjon for Humcn Right. of .uch failure or refu,al. e. The Centrector will po.t end keep po,ted in con'pie:Jeu. pIece" cveiloble to empley, and eppllccnl. for employment, nel ice. to be provided by the Commi.sion for Humen Rights. setting rocth the s1Jbstonc~ of the provisions or clauses "0.11 and lib. II cnd such provi.ions of Ihe Slete'. Lew. egeinst di.criminetion e. the Commisoion for Humen Rights .hel I delermine. d. The Con/rector will ,tete, in ell ,olicitetions or odverti",ment. for employees pIeced by. or on behcl f of the ConI recter, thet ell quel i fied epp!i cent. will be efforded ecue employment OFPortunitie~ without discriminct"ion .bec:use or rCC~1 c:eed, color, c~ notioncl origin. SUBDIVISION RECONSTRUCTION / RESTORATION L - 1 :. . ~ . . e. The Contraclor will comply with the prOVISion' of Section, 291-299 of the Exe,:"ti low and Ihe Civil RigrJt' low, will furni,h 011 information and reporl' deemed nee 5Cry by the Commission for Humen Right, under these non-diseriminalion clou,es 0' suc:, ~ecfions of the Exe=~ti\fe Lcw, end will, pe:":i"lit ccce~s to his beck:, records, end aC:::::unts by the C:::mmi~:;icn for Human Rights, end Cwncr rc~resc~~cdve~/c:::L. for Fur?c~es of invc~:js=tion to ascertcin comFI;cnc~ with these ncn-disc:-imincHor clouses end such sec!ions of the Executive low and Civil Rignts Lcw. r. Thi, Contrad mey be forthwith c::ne"lIed, terminated, or su'pended in whole or ir perl, by the contreding agency upon Ihe be,i, of 0 finding mode by the Cominissie of Humen Right, thet the Controdor 1,0' not complied will, the,e non-disciminatio douses, cnd the Contractor mey be dech:::red ineligible ror future contract's mode b or. on behalf of Ihe Owner/Contrading Agency until he ,otisfied the Commission fe Humon Rights that he hos established cnd is c:rrying out c program in conformity w the previsions of these non-discriminction clouseL Such findins shell be mcce by Commission for Human Rights offer conciliation efrort~ by the Commission hC;;ve feil to.ochieve compliance with these non-discrimination clcuscs and after c verified c ploinl he, been filed with the Commission, notice thereof he, been given to Ihe Cc tractor and on opportunity 1,0' been afforded him to be hecrd publicly beFore three members of the Commission. Such sant~ons mey be imposed end re-medie~ otherwi~e provided by low. g. If thi~ Contract is concelfed or tenninetcd under cJouse IIf:', in cddition to other right, of the Owner provided in thi, contracl upon its breech by the Centract<<r, tho Contrector will hold the Owner horrI,re~s ogcinsf any additional expenses or cos~.s ir curred by the Owner in c"ompleting <<the work or in purchasing the. services,. mcteric~ e'1uipment, or supplie, contemplated by thi, contrect, end the Owner mey wilhholc- payments from the Contrcctor in cn amount sufficient for this pur?ose and recourse may be hod egeinst the ,urely on Ihe performance bond iF necessery. h. The Conlrador will include Ihe provisions of c1ou,es "a:', throl:lgh "g:' in every sub contract or pvrchose order in such a manner. thet such provisions wil' be binding up' each subcontractor or vender es to operations ~o be performed within jurisdictionel locale of the Proiect being contraded by Ihe Owner. The Contraclor will toke 'ue action in enforcing Souch provisions of such subcontract or Furchcse os "the Owne:-/ Contracting Agency mey direct, including scnctions or remedies for non-complienc If the Contreder beeemes involved in or j, threatened with litisotion with 0 ,ub- contractor or vendor os 0 result of such direction by the Contracting Agency/Ovme' the Controcler sholl promptly '0 notify ,he Owner', repre,entotive,jcoun,el, reque: him to intervene and-protect the interests or the Owncr (Contrccting Agency's jurisdictione! orca).. SUBDIVISION RECONSTRUCTION / RESTORATION L - 2 " . ., . . GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the -contractors expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a f~rst class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if 'they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. F. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. G. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All brush & debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. SUBDIVISION RECONSTRUCTION / RESTORATION Page 1 " . . " , . . SUBDIVISION RECONSTRUCTION I RESTORATION PART 1 - GENERAL 1. 01 RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard drawings attached. 1.02 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Highway Specifications. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the fOllowing: A). Clearing & Grubbing of overgrown shoulder areas. 1. All shoulder areas within this subdivision shall be cleared for a minimum of seven (7) feet behind the existing curbing. All existing shoulders that have been satisfactorily maintained will require no work. 2. All existing underground utili ties and any existing road construction materials shall remain. Any items removed during Clearing & grubbing shall be replaced at the contractors expense. (ie. pavement, concrete curbing, telephone lines, drainage structures, etc.) 3. All reconstructed shoulder areas shall receive a minimum of four (4) inches of topsoil and seed. Seeding shall be a mixture of 65% Kentucky Blue, 20% Perennial Rye and 15% Fescue delivered at the rate of four (4) pounds per 1,000 square feet. B). Clearing & grubbing of road surface areas. 1. All grass, brush, trees and vegetation that has grown up within the pavement area shall be removed in its entirety. SUBDIVISION RECONSTRUCTION / RESTORATION Page 2 - " , ~ .. . .... ~ . ~. 2. All grubbed areas shall be treated with a herbicide that is approved by State & Local Codes. The application of the Herbicide shall conform to the manufacturers recommended specifications. C). Clearing & grubbing of the Recharge Basin. 1. The perimeter of the' recharge basin shall be. cleared to a minimum of five (5) feet outside of the existing fence. The existing chain link fence is to remain. Care shall be taken to protect same. Any fence damage due to construction shall be repaired by the contractor at his expense. - 2. The interior of the recharge basin shall be cleared in its entirety. The existing side slopes of the basin shall be regraded as necessary to provide a maximum slope of one of four. D) . Installation of new drainage Pipe & Manholes. all existing underground utilities prior installations.) ( Verify to new 1. New 18" Dia. Corrugated Metal Pipe (or approved equal) shall be installed in the shoulder areas of the existing roads between the catch basins located near the Rte.48 entrance of the subdivision and the catch basin adjacent to the recharge basin along Stony Shore Drive. See schematic drawing attached. 2. Two (2) four (4) foot diameter precast concrete manholes with cast iron metal frames and solid covers to grade shall be installed in the existing shoulder areas to accommodate the new pipe installation. Exact location to be established during construction. See schematic drawing attached for approximate locations. E). Patching & Resurfacing of existing Roads. 1. All pot holes, cracked surfaces and areas cleared of vegetation shall be patched with hot mix Asphalt. Minimum patch thickness is two (2) inches. SUBDIVISION RECONSTRUCTION / RESTORATION Page 3 " . - .. . """l 1. 03 . . 2. Upon completion of all other phases of construction the entire road surface shall be resurfaced with one course of oil (RC 250 - 0.3 GaL/S.Y.) and Blue Stone (1/4" Stone - 25 lb./S.Y.) See standard highway specifications for additional information regarding pavement requirements. STANDARDS: A. All new construction shall comply with the following reference standards: 1). Southold Town Highway Specifications. 1.04 CONTRACTOR QUALIFICATIONS: 1. 05 1. 06 1. 07 A. A. A. Contractor must show evidence of the qualifications: fOllowing 1) . A minimum of five (5) in road construction experience. years continuous experience and drainage installation QUALITY ASSURANCE: A. The contractor shall be responsible for verifying all existing conditions and limitations. The extent of clearing and the amount of Asphalt patch shall be verified by the contractor prior to sUbmitting his bid. B. The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of drainage pipe, concrete castings, paving and surfacing materials shall be in accordance with industry standards. JOB CONDITIONS: Asphalt patch work: 1). No asphaltic concrete shall be laid during wet or freezing weather. 2). Protect newly laid asphaltic concrete work from rainfall until it is completely set. 3). No asphalt or bituminous materials shall be placed when the outside temperature is below 50 degrees F.. SUBDIVISION RECONSTRUCTION / RESURFACING Page 4 'J< . . . . . EXISTING CATCH BASIN & HEADWALL @: @ "" > H EXISTING '" ---l Q RECHARGE BASIN llJ lJ "" '" e 0 EXISTING ,! ::I:: " tr.l CHAIN LINK @ 'I FENCE :i! ~ NEW 18" 1/1 DRAINAGE PIPE EXISTING CATCH BASINS I --T--T--T--T---T--~--- ~ :@:@:@:@: e'p~yr,RoUND --,-) co "'" OJ ... '" >< H Z :::> o u ;ll'>'i @ @ WILD CHERRY , 'V' ,y ,@ 'Y' >/ .' 0:: H '" o z (0 "y" --~. NEW 4' 1/1 PRECAST CONCRETE MANHOLE WI CAST IRON FRAME & SOLID COVER. (TYP. of 2) SUFFOLK COUNTY TAX MAP II SECTION 52 BLOCK 03 LOT II @ , -- - S C HEM A TIC SIT E P LAN N.T.S. NO,!E : THE CONTRACTOR SHALL BE REQUIRED TO PERFORM ADEQUATE SITE INVESTIGATIONS AND IS RESPONSIBLE FOR VERIFICATION OF ALL QUANTITIES & EXISTING DIMENSIONS. STEDy SOUTHOLD TOWN I ENGINEERING DEPARTMENT L _-PECONIC LANE PECONIC. .. Y.. .... l.. $25.00 FEE (not refundab.to obtain bid specs. Postage: $ 2 . 25 . BID - ROADS/DRAINAGE - SHORECREST BID OPENING: 11 :00 A.M., Thursday, September 1, 19911 1. Stanley F. Skrezec, 50 Gull Pond Lane, Greenport, N.Y. 477-1822 2. Corazzini Asphalt Inc., Box 555, 100 Lupen Dr., Cutchogue, N. Y. 734-5600 3/19 3. 8/19 II. 8/22 5. 8/22 6. 8/22 7. Latham Sand & Gravel, Inc., P.O. Box 776, ORient, NY 11957-323-2585 Terry Contracting & Materials, Inc., 840 W. Main St., Riverhead, NY 11901-727-0170 Bove Industries, Inc., 16 Hulse Rd., East Setuaket, NY 11733 331-8500 Paul Corazzini & Sons, Albertson Ln., Greenport 765-2012 Keith Grimes, P.O. Box 964, Montauk, NY 11954-668-4104 (FAX 668-1001) 8/23 8. Laser Industries, Route 25, Ridge NY 11961,924-3011, Anthony Gulino 8/24 9. Patrick Bistrian Jr., Inc., 175 Springs-Fireplace Rd., East Hampton 11937 8/24 10. John T. Montecalvo Inc., 48 Raliroad Ave., Center Moriches, NY 11934 325-1492 8/25 11. LLL Industries, Inc., 19 B. Stiriz Rd., Brookhaven, NY 11719-286-3222-Linda Lyon 8/25 12. LC. Quinn, Inc., 34 Sunnyline Dr., Calverton, NY 11933 727-7531 8/26 13. United Fence & Guard Rail Corp. 25 Mill Rd., Ronkonkoma, N. Y.11779 467-6677 8/29 111. Norman Kurrass Cont., Inc., 264 Atlantic Ave., P.O. Box 2015, E. Patchogue, N.Y. 286-9022 11772 15. LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GlYEN. in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and reque~ted for furnishing all labor, materials and equipment as speci- fied for the reconstruction and restoration of all roads and drainage facilities in the Shorecrest at Arshamomaque Subdivision in accordance wifh rhe Drawings and Specifications prepared by James A. Rlch.ler, R.A., Soulhold Town Engi- neeflng Department, Peconic Lane. Peconic, N.Y Bids will be n:c~ived at the office of the Southold Town Clerk, Soulhold Town Hal!, Y~095 Main Road Southo/d, New York] 1971 unlii 11:00 A.M., ThurSday, September I, 1994, at which lime they will be opened and read aloud in public. The Towll Board of the Town uf Soulhold r~serves the righl to reject any and all ~Jds and waive any and all informality III an.y bid should it be deemed in the best Illlercst of Ihe Town of Southold 10 do so. The Town reserves the right to retain bids for 45 days from the date o~ receipt. ~nd the contractor may not \\.Ilh?raw hiS bid during Ihis period. _ Rid security in thl~ fonn of a certi. fled check or ~jd bond in the UmOlil1t of five percent (5%) musl be included with the sealed bid. Pcrformam:c and Payment Bonds in the amount of one hundred percent (100%) of the Con- tract price will be required of the suc- cessful bidder. A fee of twenlv-fiv~ tinlbr~ . . STATE OF NEW YORK) ) SS: RpUN:r.l. O~_ SUFF,OtIq ^ ~j~~.L.W:_~__ of Mattituck, in said County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold. County of Suffolk and State of New York, and that the Notice of which the annexed Is a printed copy, has been regular- ly published in said Newspap'~r once each week for ~ weeks sUlccessively. commencing on the _1'L-day of ~~19q4. CHRISTINA VOUNSKI Notary Pu~~:c5~88~ New York ..~ tiJ~ ~ OR- Qualified In Suffolk County C. i Commissio!" Expires November 23. 19-..;... I Principal Clerk CFvvd:V1l'Jj vq~~..;)lLI :;: t(!tJV)l~~ ~__~;"~ LEGAL NOTIe),; NOTICE 10 BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as specified for the reconstruc- tion and restoration of all roads and drainage facilities in Shorecrest at Ar- shamomaq~e ,Subdivision . in accordance with the Draw- ings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Depart- ment' Peconic Lane, Peconic. NY. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 1/971 until 11:00 a.m., Thursday, September I, 1994, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. The Town reserves the right to retain bids for 45 days from the date of receipt, and the contractor may not withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of five percent (5"70) must be included with the sealed bid. Performance and Payment Bonds in the amount of one hundred per- cent (100%) of the Contract price will be required of the successful bidder. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be re- quired for one (1) copy of the Specifications and Contract Documents. There are no refunds. All bids must be signed and sealed in envelopes plainly marked "Bid on Sub- division Reconstruc_ tion/Restoration," and sub- mitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state or local, from which the Town of Southold is exempt. Dated: July 26, 1994 JUDITH T. TERRY SOUTHOLD TOWN CLERK lX-8/18/94(4) . COUNTY OF' 2;UFF'OL~ STATE OF' NEW YORK ss: patricia Wood, being dUly sworn says that she is the Editor. of th TRAVELER-WATCHMAN, a publi newspaper printed at Southold. i Suffolk County; and that the notic of which the annexed is a printe copy, has bi?en published in sai, Traveler-Watchman once each wee for ..................".......... .week, successively, commencing ,".7 " on th, ........... '. day. of 19.,.... t. . ,.,., .-- . . . . . . . . . ~... . . . . . . . . . . . i \ . . . ~ . . . . . . . . . . . . . . " . ... ..-.. . . . . . . . . . . . SWor:9 to before me on . .. .. c.. .. day of this " .. '~if' <--/~- 1 9 f . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . .'~ " ,-, , ................. . f '. /'-, ,~. (, ................ . Notary PUblic BARBARA A. SCHNEIDER NOTARY PUClIC, State of Hew York No. (306846 Qualified n Suffolk County CommiSSion Expires &'/=11/'16 . . STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) JUDITH T. TERRY. Town Clerk of the Town of Southold. New York, being duly sworn. says that on the 12th day of Auqust 1994, she affixed a notice of which the annexed printed notice is a true copy. 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. Southold Town Hall. Main Road. Southold. New York 11971. I Notice to Bidders, Subdivision Reconstruction/Restoration: Shorecres Arshamomaque, Southold. Bid opening: 11:00 A.M.. September 1, 1994, So the Town Clerk's Office. ~/~~ / Judith T. Terry Southold Town Clerk Sworn to before me this 12th day of Auqust 1994. 'n)t/V~a.. ~ ~ Not ry Publ c UNDA J. €OOPER NolafY Public. State of N_ Yerk Ta~~~~x~~~~5r~:;eSr:~\?1~ . - II . . LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as specified for the reconstruction and restoration of all roads and drainage facilities in the Shorecrest at Arshamomaque Subdivision in accordance with the Drawings and Specifications prepared by James A. Richter, R. A., Southold Town Engineering Department, Peconic Lane, Peconic, N. Y. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 until 11:00 A.M., Thursday, September 1, 19911, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. The Town reserves the right to retain bids for 45 days from the date of receipt, and the' contractor may not withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of five percent (5%) must be included with the sealed bid. Performance and Payment Bonds in the amount of one hundred percent (100%) of the Contract price will be required of the successful bidder. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Specifications and Contract Documents. There are no refunds. All bids must be signed and sealed in envelopes plainly marked "Bid on Subdivision Reconstruction/Restoration", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: July 26, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ON AUGUST 18, 19911, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, P.O. BOX 1179, SOUTHOLD, N.Y. 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Superintendent of Highways Jacobs Engineering Inspector Richter Dodge Reports Brown's Letters Burrelle's Construction Data Corporation FORWARD ONE (1) TOWN CLERK, TOWN 'J~,'~~-' ?~/>--, ~1r: J ~...~~. I I I I I I I ! ,--. ~-.( '. /,-i-__( , () I_.~ ~~ t,// I'L t/ . ? ~/ ------- LEGAL NOTICE NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as specified for the reconstruction and restoration of all roads and drainage facilities in the Shorecrest at Arshamomaque Subdivision in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, N. Y. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 until 11 :00 A.M., Thursday, September 1, 1994, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. The Town reserves the right to retain bids for 45 days from the date of receipt, and the' contractor may not withdraw his ,bid during this period. Bid security in the form of a certified check or bid bond in the amount of five percent (5%) must be included with the sealed bid. Performance and Payment Bonds in the amount of one hundred percent (100%) of the Contract price will be required of the successful bidder. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Specifications and Contract Documents. There are no refunds. All bids must be signed and sealed in envelopes plainly marked "Bid on Subdivision Reconstruction/Restoration", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: July 26, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ON AUGUST 18, 1994, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, P.O. BOX 1179, SOUTHOLD, N. Y. 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Superintendent of Highways Jacobs Engineering Inspector Richter Dodge Reports Brown's Letters Burrelle's Construction Data Corporation FORWARD ONE (1) TOWN CLERK, TOWN ), ': ('(.; ~Lf lIft / . J};:' 1 "1- LEGAL NOTICE NOTICE TO BIDDERS I, II i NOTICE IS HEREBY GIVEN, in accordance with the provisions of Section 103 of the General Municipal Law, that sealed bids are sought and requested for furnishing all labor, materials and equipment as specified for the reconstruction and restoration of all roads and drainage facilities in the Shorecrest at Arshamomaque Subdivision in accordance with the Drawings and Specifications prepared by James A. Richter, R. A., Southold Town Engineering Department, Peconic Lane, Peconic, N. Y. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971 until 11:00 A.M., Thursday, September 1, 1994, at which time they will be opened and read aloud in public. The Town Board of the Town of Southold reserves the right to reject any and all bids and waive any and all informality in any bid should it be deemed in the best interest of the Town of Southold to do so. The Town reserves the right to retain bids for 45 days from the date of receipt, and the' contractor may not withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of five percent (5%) must be included with the sealed bid. Performance and Payment Bonds in the amount of one hundred percent (100%) of the Contract price will be required of the successful bidder. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Specifications and Contract Documents. There are no refunds. All bids must be signed and sealed in envelopes plainly marked "Bid on Subdivision Reconstruction/Restoration", and submitted to the Office of the Town Clerk. The bid price shall not include any tax, federal, state, or local, from which the Town of Southold is exempt. Dated: July 26, 1994. JUDITH T. TERRY SOUTHOLD TOWN CLERK * * * PLEASE PUBLISH ON AUGUST 18, 1994, AND AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, HALL, P.O. BOX 1179, SOUTHOLD, N. Y. 11971. Copies to the following: The Suffolk Times The Traveler-Watchman Town Board Members Town Attorney Town Clerk's Bulletin Board Superintendent of Highways Jacobs Engineering I nspector Richter Dodge Reports Brown's Letters Burrelle's Construction Data Corporation FORWARD ONE (1) TOWN CLERK, TOWN . . JUDITH T. TERRY TOWN CLERK Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JULY 26, 1994: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the permanent pavement and construction of curbs, gutters, catch basins and drainage facilities, as may be necessary, of the highways in Southold known as Bayberry Lane, Wild Cherry Way and Stony Shore Drive, as shown and designated on a certain map entitled "Map of Shorecrest at Arshamomaque", all in accordance with the bid specifications as approved by Superintendent of Highways Jacobs. ~~~ Southold Town Clerk July 27, 19911 '~"-"C.~"""l--"-"i--"-'~,,,,, --.- T";;--.-_....__..-.~-,..--~'~.;---;. -."".-"",-,,-c~"",.,.-' - '-<;,,,",. -;.-;7.'-'C'C:"",=~~';~~"'""~:-,,,,,,,,,,,,,_,,,,_,,,,,.~_,,,~,__,,_ . . SPECIFICATIONS SUBDIVISION RECONSTRUCTION & RESTORA.TION: SHORECREST @ ARSHAMOMOQUE COUNTY ROUTE 48 SOUTHOLD, NEW YORK 11971 AUGUST 9, 1994 STED SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N. Y. PECONIC LANE - P.O. Box 178 PECONIC. NEW YORK 11958 516 765 3070 . . PROJECT DESCRIPTION SUBDIVISION RECONSTRUCTION / RESTORATION: SHORE CREST at ARSHAMOMOQUE TOWN OF SOUTHOLD, NEW YORK THIS PROJECT INCLUDES THE RECONSTRUCTION AND RESTORATION OF ALL EXISTING ROADS AND DRAINAGE FACILITIES LOCATED IN THE SUBDIVISION. GENERAL DESCRIPTION: * CLEAR AND GRUBB ALL SHOULDER AREAS FOR A MINIMUM OF 7' -0" BEHIND EXISTING CURBS. PROVIDE TOPSOIL AND SEED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * CLEAR AND GRUBB ALL ROAD SURFACE AREAS OF GRASS AND VEGETATION THAT HAS OVERGROWN THE SITE. ALL GRUBBED AREAS BETWEEN THE EXISTING CURB LINES SHALL BE THOROUGHLY TREATED WITH A HERBICIDE THAT IS APPROVED BY ALL STATE & LOCAL CODES. * CLEAR AND GRUBB THE EXISTING RECHARGE BASIN. PROVIDE A MINIMUM CLEARANCE OF 5 '-0" OUTSIDE OF THE EXISTING FENCE LINE. RESHAPE THE INTERIOR OF THE RECHARGE BASIN TO A MAXIMUM OF ONE ON FOUR SLOPE. ALL EXISTING FENCE SHALL REMAIN. ALL DAMAGED FENCING SHALL BE REPLACED TO MEET THE MINIMUM REQUIREMENTS OF THE TOWN HIGHWAY SPECIFICATIONS. * PROVIDE AND INSTALL APPROXIMATELY 400 L. F. OF NEW 18" Dia. CORRUGATED METAL DRAINAGE PIPE AND PRE-CAST CONCRETE MANHOLES AS REQUIRED TO CONNECT THE EXISTING CATCH BASINS AT THE MAIN ENTRANCE OF THE SUBDIVISION TO THE CATCH BASIN AT THE ENTRANCE OF THE SUMP. * PATCH AND REPAIR EXISTING ROAD SURFACE WITH HOT PATCH ASPHALT. (MINIMUM 2"THICK) RESURFACE ENTIRE ROAD SURFACE WITH ONE (1) COURSE OIL & STONE. REQUESTS FOR FURTHER INFORMATION AND ALL INQUIRIES SHOULD BE ADDRESSED TO THE ENGINEERS OFFICE: S.T.E.D., PECONIC LANE, PECONIC, NEW YORK 11958. ATTENTION - JAMES A. RICHTER _ (516) 765 3070 The foregoing Project Description is provided for general information only. It is not part on the Contract Documents. For the specific provisions and requirements of this project, please refer to the full Specifications and Contract Drawings. ~ . . INDEX TO SPECIFICATIONS BIDDING REQUIREMENTS Invitation to bid Instruction to Bidders Proposal Form Statement of Non-Collusion N.Y.S. Affirmative Action Certification AlA Bid Bond Offer of Surety A-1 through A-1 B-1 through B-3 C-1 through C-2 D-1 through D-2 E-1 through E-1 AlA Document # A310 F-1 through F-1 GENERAL CONDITIONS AlA General Conditions Supplementary General Conditions AlA Performance Bond General Release Prevailing Wage Rates Compliance with Labor Law & other Dept. of Labor Regulations Non-Discrimination Clause AlA Document # A201 G-1 through G-2 AlA Document # A311 H-1 through H-1 3-1 through 3-1 K-1 through K-10 L-1 through L-2 CONSTRUCTION SPECIFICATIONS General Conditions Part 1 - General Specifications Partial Site Plan Page 1 Page 2 through 4 SP-1 ....... . . INVITATION TO BID PROJECT: SUBDIVISION RECONSTRUCTION / RESTORATION: SHORECREST at ARSHAMOMOQUE, SOUTHOLD, NEW YORK. The Town Board of the Town of Southold will receive bids for furnishing all of the labor, materials and equipment as specified for the reconstruction and reatoration of all roads and drainage facilities in accordance with the Drawings and Specifications prepared by James A. Richter, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958. Bids will be received at the office of the Southold Town Clerk, Southold Town Hall, 53095 Main Road, Southold, New York 11971, until 11:00 AM Thursday September I, 1994. All Specifications are provided herein. A fee of twenty-five dollars ($25.00), cash or check, made payable to the Town of Southold will be required for one (1) copy of the Contract Documents. There are no refunds. This invitation to bid is not an offer and shall in no way bind the Town of Southold to award a contract for performance of the project. Should the Town of southold decide to award a contract, it shall be awarded to the lowest responsible bidder. The Town of Southold reserves the right to waive any informalities, and to reject any or all bids, and to retain bids for 45 days from the date of receipt. The CONTRACTOR MAY NOT withdraw his bid during this period. Bid security in the form of a certified check or bid bond in the amount of 5% will be required of each bidder. Performance and Payment Bonds in the amount of 100% of the Contract Price will be required of the successful bidder. Please advise if you intend to bid or not. Dated: July 26, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD By: Judith T. Terry Southold Town Clerk SUBDIVISION RECONSTRUCTION / RESTORATION A - 1 '- . . INSTRUCTIONS TO BIDDERS A. PROPOSALS Proposals must be made in strict accordance with the "Proposal Form" provided. The bidders shall write in ink, both in words & numerals, the price for which he proposed: to furnish all materials, plant, equipment, tools, shoring or bracing, scaffolds, or other facilities, & to perform all labor and services necessary for the proper completion of the work in strict accordance with the plans and specifications, and subject at all times to the approval of the Architect. Each proposal must be signed in writing with the full name and address of bidder. Proposals shall be addressed as indicated on Invitation for Bids and shall be delivered enclosed in an opaque sealed envelope marked "Proposal" bearing title of work, and Bidders Name. No proposal shall be considered which has not been received by the Southo1d Town Clerk prior to the hour and date stated. B. PROPOSAL GUARANTY A proposal will not be accepted or considered unless accompanied by a guaranty in the form of a bid bond or certified check in the amount of 5% of the total bid, payable to the Town of Southo1d. As soon as the proposal prices have been compared, the Owner shall return the bidder's bond or the certified checks accompanying such proposals as, in his jUdgement, would not likely be involved in making the award. All other proposal quantities will be held until the contract and contract bond have been executed after which they wi 11 be re 1 eased or ret urned tot he respect i ve bi dders whose proposals they accompanied. C. OMISSIONS AND DISCREPANCIES Bidders should carefully examine the drawings and specifications, visit the site of work, and fUlly inform themselves of all conditions and matters which can in any way affect the work or the cost thereof. Should a bidder find discrepancies in or omissions from the drawings, specifications, or other documents or should he be in doubt as to their meaning, he should at once notify the Architect who may issue a written instruction to all bidders. SUBDIVISION RECONSTRUCTION / RESTORATION B-1 ....... . . D. PUBLIC OPENING OF PROPOSALS Proposals will be opened and read publicly at the time and place indicated in the Invitation for Bids. Bidders, there authorized agents, and other interested parties are invited to be present. E. AWARD OF CONTRACT Award of cont ract wi 11 be made as soon as pract i ca 1. a cont ract may be awarded to a responsible bidder other than the lowest money bidder, if it is in the best interest of the Town. No bid may be withdrawn after scheduled closing time for receipt of bids for a period of 45 days pending execution of a contract by successful bidder. The competency and responsibility of the bidder and his sub-contractors will be considered in making the award. The Town reserves the right to waive any technical error, to accept any bid, or to reject any or all bids. The contract form wi 11 be the current edition of AlA Document A101 "Standard form of Agreement between Owner and Contractor (Stipulated Sum)". The Town wi 11 either award the project or reject all proposal s received within forty-five (45) days after the formal opening of proposals. The acceptance of a proposal will be a notice in writing signed by the Town Clerk and no other act shall constitute the acceptance of a proposal. The acceptance of a proposal shall bind the successful bidder to execute the cont ract and to del iver separate performance and payment bonds made by a Surety Company, as stipulated herein. The amount of t he bonds sha 11 not be 1 ess than one hundred percent (100%) of the contract price of the work. . F. WITHDRAWALS OF PROPOSALS Any bidder upon his or her authorized representative's written request presented not later than the hour set for the opening thereof, will be given permission to withdraw his proposal. At the time of opening the proposals, when such proposals are reached, it will be returned to him unread. SUBDIVISION RECONSTRUCTION / RESTORATION B-2 ..... . . G. REJECTION OF PROPOSALS The Town reserves the right to waive any technical error and to reject any and/or all proposals. Without limiting the generality of the foregoing, any proposal which in incomplete, obscure, or irregular may be rejected; any proposal accompanied by an insufficient or irregular certified check or bidder's bond bay be rejected, any proposal having interlineation, erasure or corrections may be rejected. H. PLANT & EQUIPMENT The bidder shall state in his bid that be has available or under his control, plant and equipment of the character and in the amount required to complete the proposed work within the specific time. I. . TIME FOR EXECUTION OF CONTRACT Any bidder whose proposa 1 sha 11 be accept ed wi 11 be requ ired to appear before the Town in person; or if a firm or corporation, a duly authorized representative shall so appear, and execute six (6) copies of the Contract and furnish satisfactory Performance and Payment Bond within ten (10) days after notice that the Contract has been awarded to him. Fa i 1 u re to execut e Cont ract sha 11 constitute a breach of the agreement effected by the acceptance of the Proposal. The damages tot he Town for such b reach wi 11 i nc 1 ude loss from interference with his construction program and other items, the accurate amount of which it will be difficult or impossible to .compute. The amount of the certified check or bidder's bond accompanying the Proposal of such bidder shall be retained by the Town, not as a penalty, but as liquidated damages for such breach. In the event any bidder whose proposal shall be accepted shall fail or refuse to execute the Contract as herein before provided, the Town may, at there option, determine that such bidder has abandoned the Cont ract, and thereupon, his proposa 1 and accept ance the reof shall be null and void, and the Town shall be entitled to liquidated damages as above provided. J. TIME LIMIT TO COMMENCE AND COMPLETE WORK The contractor shall commence work within ten (10) calendar days after the date stipulated in the notice to proceed which was given to him by the Town of Southold and shall complete the work within the calendar day limit as set forth by him in his Proposal, but not more than sixty (60) working days. SUBDIVISION RECONSTRUCTION / RESTORATION B-3 . . PROPOSAL FORM DATE: NAME OF BIDDER: TO: SOUTHOLD TOWN BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 MEMBERS OF THE BOARD: The undersigned as bidder, declares that the only persons, company, or parties interested in this proposal as principals are named below; that this proposal is made without any connection, directly or indirectly with any other bidder for the same work; that it is in all respects fair and without collusion or fraud, and that no person acting for or employed by the aforementioned owner is or will be interested directly or indirectly, in the performance of the Contract, or the supplies relating to it, or in any portion of the profit thereof; that he has carefully examined the Contract Documents dated August 9, 1994 including bidding requirements, contract, general and special conditions, specifications, contract drawings, and addenda, if any (Note: ACknowledgement of addenda and their dates must be included as indicated on bottom page); that he has satisfied himself by personal examination of the proposed work, and by such other means as he may have chosen, as to the conditions and requirements of the work; and he proposed and agrees that if his proposal be accepted he will contract to furnish all materials not provided by the Town (See Specifications) and to perform all the work required to construct, perform and complete the work at: SHORECREST at ARSHAMOMOQUE - SUBDIVISION TOWN OF SOUTHOLD, NEW YORK and all other work in connection therewith, in accordance with the Contract Documents and Addenda, if any, prepared by JAMES A. RICHTER, R.A., Southold Town Engineering Department, Peconic Lane, Peconic, New York 11958, and complying with all the stipulations contained therein an will furnish the required Performance Bond; that he will start the work as directed by the Town, he will accept, in full payment thereof as listed below: SUBDIVISION RECONSTRUCTION / RESTORATION C - 1 ~ . . FURNISH AND SUPPLY ALL LABOR AND MATERIAL FOR THE RECONSTRUCTION AND RESTORATION OF ROADS AND DRAINAGE SYSTEMS IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. THE ABOVE REFERENCED ACTIVITIES WILL BE COMPLETED FOR THE STIPULATED "LUMP SUM" OF: (written in words) (written in numbers) And he further agrees that if this proposal shall be accepted by the Town and that if he shall refuse, fail or neglect to enter into a Contract pursuant to such proposal and to the requirements of the Town and shall fail to give the required security within the (10) days after notice of the acceptance of said proposal, shall have been deposited in the mail addressed to him at the address given in the proposal, that he shall be considered to have abandoned the contract and the sum represented by the certified check accompanying this proposal shall be forfeited to the Town as Liquidated damages; otherwise the certified check shall be returned to the bidder within forty-five (45) days after the date of the receiving bids. We the undersigned, further agree that this proposal is a formal bid and shall remain in effect for a period of forty-five (45) days, the Town will accept or reject this proposal or by mutual agreement may extend this time period. Signature of Bidder: Business Address: Telephone Number: Date: SUBDIVISION RECONSTRUCTION / RESTORATION C - 2 " . . ST-~T~lT OF NON-COLlUSION ; (To be Completed by Eac~ Bidder) I~ accordanc2 wit~ Section l03-d General Municipal Lay, effactive Sepcemger 1, 1966, eve~l bid or proposal hereai:er made to a political subdivision of the Stata of any public depar~ent, agency, or official thereof or to a fire district or any agency or official thereof for work or services perfo~ed or to be perfor.ned or goods sold or to be sold, shall contain the following statement subscribed to by the bidder and affir.ned by such bidder as true under the penalties of perjury; non-collusive bidding certification. A. By submission of t~is bid, each bidder and each person sig~ing on behalf of any bidder certifies, and in the case of a joint bid, each party t~ereto certifies as to its own organization, under penalty of perj ury, that to the bes t of knowledge and belief: (1) The prices in t~is bid nave been arrived at independently without collusion, consultation, communication, or agree~ent, for t~e pur?ose of rest=icting competition, as to any matter relatiug to such prices with any other bidder or any competitor. (2) Unless othe~.ise required by law, the prices which have been quoted in this bid have not been ~~owingly disclosed by the bidder and will not knOWingly be disolosed by the bidder prior to openi~g, directly or indirectly, to any other bidder or to any ccmpecitor. (3) No attempt has been made or will be made by the bidder to induce any other person, part~e=ship, or corporation to submit or not to submit a bid for the purpose of restricting competition. B. The person signing this bid or proposal certifies that he has fully inio~ed himself regarding t~e accuracy of the statements contai~ed in this certification, and uhder the statements contained in this certification, and under the penalties of perju~" affi~s the t~th thereof, such penalties being applicable to the bidder, as well as the person si~ing in its behalf. C. That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the ~~ecution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. SUBDIVISION RECONSTRUCTION / RESTORATION D - 1 "" . . RES 0 L UTI 0 N Resolved that (~ame of Co~oration) be authorized to si~ and submit the bid or proposal of this cor?oracicn for t~e follo~ing ProJect: (Describe Proj ect) and to include in such bid or proposal the certificate as to non-collusion required by section one-hundred-three-d (103-d) of the General Municipal Law as the act and deed of such co~oration, and for any inaccuracies or mis-statements i~ such certificate this co~orate bidder shall be liable under the penalties of perjuty. The foregoi~g is a t=ue and cor=ect copy or t~e resolution adopted by corporation at a meeting on the Board of Directors held on the day or , 19 (S~\L OF rdE CORPO~\TION) LawS or New York, 1963 Ch. 7jl, Sec. 103-d, as amended d::fectiye September 1, 1965 SUBDIVISION RECONSTRUCTION / RESTORATION D - 2 "' . . NEW YCflK STATE AFFIRMATIVE ACTION CERTIFICATION (TO BE COMPLETED BY EACH BIDDER) Bidder's Certifications: A bidder will not be eligible for award of a contract under this Invitation for Bids unless such bidder has submitted as a part of its bid the fOllowing certificaticn, which will be deemed a part of the resulting contract: BIDDER'S CERTIFICATION (Bidder) Certifies that: 1. it intends to use the fOllOWing listed construction trades in the work under the contract ;and, 2. a. as to those trades set forth in the preceding paragraph one hereof for which it is eligible under Part 1 of these Bid Conditions for partiCipation in the Nassau-Suffolk County Plan it will comply with the said County area within the scope of coverage of that Plan, those trades being: ; and/or, b. as to those trades for which it is required by these Bid Conditions to comply with Part II of these Bid Conditions, it adopts the minimum minority man-power utilization goals and the specific affirmative action steps contained in said Part II, for all construction work (both state and non-state) in the afore-mentioned area subject to these Bid Conditions, these trades being: ;and, 3. it will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any subcontractor under this contract the subcontractor certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) """" SUBDIVISION RECONSTRUCTION / RESTORATION E - 1 . , . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full nilme olInd .1ddress or lI!g..1 litle of Contractor) as Principal, hereinafter called the Principal, and (Here insert full n;ame .lInd i.ddress or leg".! title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name ;and .1IddreS5 or leg.1 rille of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ l, 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 {Here insert full name, address and descriplion of proJecU NOW, THEREFORE, if the Obligee shall accept the bid of the ~incipal 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 thereoi, or in the ~vent of the failure of the Principal to enter such Contract and give such bond or bonds, jf the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otht:!rwise to remain in full force and effect. Signed and sealed this day of 19 (Witness) { (Title) (Principal) (Sea/) (Witness) { (Title) (Surety) (Sea/) ~ AlA DOCUMENT A310 . BID BOND. AlA 8 . FEBRUARY 1970 ED . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 1 WAR~ING: Unllcenaed photocopying violates u.s. copyright lawa and I. SUbject to JlI!gal pl'08eCutlon. . . OFFER OF SURETY (To be Completed by Each Bidder) In the event the above Proposal is accepted and the undersigned is awarded the Contract for the work, the undersigned offers as surety for faithful performance, bond and/or bonds to protect labor and material men, the fOllowing surety: SURETY COMPANY Signed (Bidder) CERTIFICATE OF SURETY to be signed by a duly authorized official, agent or attorney of the Surety Company. In the event that the above Proposal is accepted and the contract for the work is awarded to said (Bidders Name) will execute the (Surety Company) the Surety Bonds as herein before provided. Signed: Authorized Official, Agent, of Attorney Date: IMPORTANT: THIS PAGE MUST BE FILLED OUT WHEN CERTIFIED CHECK IS SUBMITTED IN LIEU OF BID BOND, OR BID MAY BE REJECTED. SUBDIVISION RECONSTRUCTION / RESTORATION F - 1 " . . SUPPLEMENTARY GENERAL CONDITIONS The fOllowing supplements modify, change, delete from or add to the "General Conditions of the Contract for Construction", A. I.A. Document A 201-1987 Edition. Where any Article of the General Conditions is modified or any paragraph, subparagraph or clause thereof is modified or deleted by these supplements, the unaltered provisions of that Article, paragraph, sUbparagraph, or clause shall remain in effect. ARTICLE 1 through ARTICLE 10 No Change ARTICLE 11 - INSURANCE AND BONDS 11.1 Contractor's Liability Insurance. 11.1.1 In the first line following the "maintain", insert the words, "in a company or companies licensed to do business in the state in which the project is located." 11.1.1 ADD: .8 Liability insurance shall include all major divisions of coverage and be on a comprehensive basis including: (1) Premises - Operations (2) Independent Contractors Protective. (3) Products and Completed Operations. (4) Contractual-including specified provision for the Contractor's Obligations under Paragraph 4.18. (5) Owned, non-owned, and hired motor vehicles. (6) Broad form coverage for property damage. 11.1.2 ADD: The Contractor shall furnish insurance with the following minimum limits: .1 Workers' Compensation a. State and Federal: Statutory b. Employer's Liability $ 100,000. SUBDIVISION RECONSTRUCTION / RESTORATION G - 1 . . .2 Comprehensive General Liability (Including Premises - Operations; Independent Contractor I s Protective; Products and Completed Operations; Broad form Property Damage): a. Bodily Injury: $ 1,000,000 $ 1,000,000 Aggregate, Completed Operations. Each Occurrence Products and b. Property Damage: $ 250,000 Each Occurrence $ 250,000 Aggregate c. Products and Completed Operations Insurance shall be maintained for a minimum period of one year after final payment and contractor shall continue to provide evidence of such coverage to the Town on an annual basis during the Aforementioned period. d. Property Damage Liability include Coverage for hazards: C (collapse), U Insurance shall the fOllowing (underground) . e. Contractual Liability (Hold Harmless Coverage) : f. Personal Injury, with Employment Exclusion deleted: $ 1,000,000 Aggregate. .3 Comprehensive Automobile Liability (owned, non- owned, hired): a. Bodily Injury: $ 1,000,000 Each Person $ 1,000,000 Each Accident b. Property Damage: $ 250,000 Each Occurrence ARTICLE 12 through ARTICLE 14 No Changes END OF SECTION SUBDIVISION RECONSTRUCTION / RESTORATION G - 2 ....... . . THE AMERICAN INSTITUTE OF ARCHITECTS I AlA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that CHere inserl full name and address or legal lille of COnlraClor) as Principal, hereinafter called Contractor, and, CHere insefl full name and address or legal title of Sure-lyj as Surety, hereinafter called Surety, are held and firmly bound unto (Here inst't1 full name and address or lella' tille of Owner) as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated (Here inserl lull naml", ,1ddu.'H and description of projecl) 19 / entered into a contract with Owner for in accordance with Drawings and Specifications prepared by [Here inseff lull name and address or leg.lll tItle 01 Architect! which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~A DOCUMENT A)l1 . PERFOR.\l,A,i'OU BOND AND lABOR A:-.JO MATfRIAl PAY,\.1ENT 801\;0 . AlA @ .EBRUARY 1');'"0 ED . THE AMfRICA'\j Ir\;STJTUTE OF ARCHITECTS, 1:'1'1 ~Y. AVE., N.W., WA~H':'\ICT()N. D. C. 20006 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal, prosecution. . . PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform 'said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with Its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, jf the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this day of defaults under the contract or contract~ of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in thiS paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on Ihls bond to or for the use of any person or corporatIon other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. 19 I /Pnlll'lp.ll! lSl'.l11 fW;ln('~~) /Til/(') ! rSlut.,}') (5l'.,I) (Wiln('......J ,1"ill(') ~ DOCUMENT A)l1 . PERfORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @l rERRUARY 1l}7(J ED. . THE AMERICAN INSTITUTE Of ARCHITECTS, 17J5 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 2 WARNING: Unlicensed photOCOpying vlolatet U.S. copyright laws and Is subJect to legal prosecution. . . THE AMERICAN INSTITUTE OF ARCHITECTS ~ '" AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS; that (Hlere insert full name i1t'ld address or leg..' tllle 01 Conlrilctorj as Principal, hereinafter called Principal, and, (Here lnser! full name and Address or [esal litle 01 Surety! as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert lull name and address or legal lrlle of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of (Here insert a sum equal !o .11 least one-half of the conruct price) Dollars ($ ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated (Here insert full name, address and description of project! 19 , entered into a contract with Owner for in accordance with Drawings and Specifications prepared by (Here inserl full name and i1ddress or legal lille of Archilect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. ~IA DOCUMENT A311 . PERFORMANCE BONO AND lABOR AND MATERIAL PAYMENT BONO . A!A @l tEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF .'\RCHlTECTS. 1735 N.Y. AVE., N.W.. WASHINGTON, D. C. 20006 3 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution, . . LABOR AND MATERIAL PAYMENT BOND NOW, THEREfORE, THE CONDITION OF THIS OBLIGATION is such that. if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shilll be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant. prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have eXE"cution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a d,rect contract wilh the Principal, shall have given wntten notIce to any two of the following: the Principal, the Owner, or the Surety above named, within ninety {90} days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this day of accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located. save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodIed in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. 19 I (principa/) tSNI) (WIIO('u) (Tit/e) f (Sur('Iy) !st'.1l) (Wllnl'\\) , (fit/p) ~ DOCUMENT Alll . I'[lUORMANCE BOND AND lABOR AND MA HRIAl PAYMENT BONO . AlA @ FEBRUARY 1'l70 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 171') N,Y. AVE., N.W., WASHINCTON. D. C. 2000(, WARNING: Unlicensed photocopying violates U.S, copyright laws and Is subject to legal prosecution. 4 . . GENERAL RELEASE (To be submitted with requisition for Final Payment) KNOWN ALL MEN BY THESE PRESENTS, that (Contractor) for and in consideration of the sum of lawful money of the United States of America, to it in hand paid by: (Owner/Contracting Agency) and its successors and assigns and administrators, of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, jUdgments, patents, extents, executions, claims and demands whatsoever in law and equity, which against the said (Owner/Contracting Agency) , and JAMES A. RICHTER, R.A., now have or which heirs, executors, or administrators hereafter can, shall, or may have, for upon or by reason of any matter, cause or thing whatsoever, from the beginning of the world to the day of the date of these presents rising out of the construction, in accordance with the contract entered into between parties hereto, dated: and any admittance or supplements thereto. , 19 IN WITNESS WHEREOF, the undersigned corporation has caused this agreement to be signed by its and its corporate seal to be hereto affixed and duly attested by its this day of ,19 . Attest: Principal: SUBDIVISION RECONSTRUCTION / RESTORATION H - 1 ~ . . PREVAILING WAGE RATES ATTACHMENT WAGE DETERMINATION for SUBDIVISION RECONSTRUCTION I RESTORATION at SHORECREST at ARSHAMOMOQUE COUNTY ROAD 48 SOUTHOLD, NEW YORK 11971 NOTE: NEW YOUR STATE DEPARTMENT OF LABOR RATES APPLY TO THIS PROJECT. CONTACT THE NEW YORK STATE DEPARTMENT OF LABOR FOR THE CURRENT PREVAILING RATE SCHEDULE. SUBDIVISION RECONSTRUCTION I RESTORATION J - 1 ~ . . 5ECilON I< CCM?L1ANC:: WliH if-'E L.;~OR L';W AN 0 OiHER "DE?ARTMENi Of' LASCR REGUL'; ilCNS A. S7A7E R:GU'-.A.TIC~S 1. The C-::ntrcc~cr ~hcll c:::mF!Y wi~h the c;:plic=blc prCv1SICl"":S or t:,e IILc:::=r Lc.....1'I os emended, or the Stote of New Yerke This Contrcct shell be void lJn!e~s cppliccble sec~jcns or !.Cid leber Low ere c::::mplied with. 2. Ecch end eve:-y provision of lew one clouse required by lew to be port or this Cenlreet shell be deemed to be included herein end this Centrad shell be re=d end enforced os thcuSh it were included herein, ene, if through'mere mjstck~ or o~nerwjse cr.y sue:' provision is not included, thc:'i uFon the cpplic::ticn of either porty hereto, the Ccrdrcc~ shell fodhwah be pr.ysic=lly emenced to ~=x~ such inclusion. Specific:Jlly, Section 220-e, of the lebar Low, os so cmc~ded, prc;,ioi~s in co:ntrcc~5, discrimination en account of race, creed, co.ler, or nationol oris:n in e~ployment of citize:1s upon public works. Tne:-e moy be deduded from the cmount pcycble to the Contr=c:cr by the O.....ner under this Centract 0 penclty of five (55.00) dollcrs for e-cc~ perscn for e=c~ I . . .. ,. I I d" ..' 1>' " ." .. . c:: enccr eey curmg Wr'1IC:1 SUe:1 peT-on wes lSC:"lmlnC.eo;: cs::::mst or lntlmlc=~e= in violcticn of Sedicn 220-e.i provided, thct for 0 sec:nc or en:1 subsecue~: vic[cticn of the pr':lvisions.of scid pcrcsrc~n, this Contrcc~ mey be ccnce11e::: or terminated by the Owner ene all monies due or to oecc:-r:e cue here-..:neer ".mey be forfeited. B. FEDE'-AL REGULATIONS 1. CERilPICAilON OF NONSEGREGATED FACILITIES By the :s.ubmi~sion or this bid, the bidder, cHerar, cpplic:::'1t, or su.bc::ntrcc~::r certifies that he docs not maintain or provide for his empt.:::yees cny sesrescted roc;lj~ies at cny of his estaolishr.1cnts, ane ,that he docs nor pe~:"ilit his em::loYe~ to perform their servic~s at any loc:::ticn, under his control, where se~rc~t;d foc:lilies ore maintained. He certifies further that he will not main~c-in ~r provide for his employees en scsresated fccilities ot any of his eSlobli:.hments, and thel he wilt not pC:";Tlit his employees. to perform their services ct any loc::~ion, under this c~ntrol, where sesrcsctcd facilities ere maintained.. The bidder, offer:Jr, cpplic:::nt, or subcontractor cgree$ that c breech of Jhls ccrtific:::ricn i:; 0 vio!c~icn of the E~ucl Cppcdunity clcuse in this c:::nJrcc~_ As u:cd in this ecrtifjc=~jon, the te:-m "5e=:c~~ed fccilitie:sll me-:::;lS any wci;ing roems, werk orees, rest roems ene wc~h roems, re~tcurcn!:i end othe:- . . I I I ' h eetlng oree:., lime c oc:<s, OCl<er rcems end or er :.torcge er dre::.)ng crees, SUBDIVISION RECONSTRUCTION / RESTORATION ~ K - 1 . . time clodcs, .locker r:::c~~ ene otner storcsc or cire~~ir.c: cre-='!l, p~rk;ns: ler!., crinkjn~ fountcin!., re-::-ecticn or c\"'lfcr~cjnrne!"lt ore'::!., ~rcn:.;:crlctjO:1, C:1C hcusinc rccilitie~ cr:::vided for err:plcy.ees wr,ic:, ere se;rc;-=tcd by explicit direcrj'"'ve or ore in' fcc~ se:;fc;-cted en the bcsis of rcc:~, creed, c::lor, or ncticr:cl cricin, be==use of hcbit, lo~=1 c:..:stcm, or cthcr'w;se. He fur~!-:e~ '- ( 'h h ',' '" t' I . ,," " ,r Csrc~s t"ct exc~~t Wi\e~e e os COIClnec Ice~ lC::: C::::",liIC:::.1Cr: .rem pracaseo:: subc=r:tr::=:cr~ rer specific time ;::c:-icc:.) he will ::ck::n icc:"",tic=! , ...I ' . t.. ,,,, I ce:,,~ific=~icr.s ,r:::rr: pr:::?cs.e_ :.ucc:::nticdcr:. pr1cr to t..c C......CfC or su::c::n rcc~s exc~eding S10tOCO w;'ic~ ere n~t exem!=t from I'he pr:Jvisicr::. of tne E=,~cl Oppcrtuniry clouse; thot he will retoin such cc:-tific=:ions in his file:!:; c:-:c tnct he will forwcrd the fellowing notice to such Fr::::o~ed suoc::ntrcctors (exce?t wnere the proposed subc:::ntrcc~crs hove submit~t:d icc~tic=j cer~ifjc=tions for specific time periods): 2. NOTIC: TO PRCSPECTIVE SU5CONiKACTORS OF RE':JUIRElv'.ENT FC;:; C:?,iifICATiCNS e'F NCN SEG~E'~~,TE:) F,~ClLlii=) A certific=ticn of Ncnsegres;ctec Fccilities must be submit~ed prior to the c"NCrd of 0 :!:uoccntrcct exceeding $10,OCO which is not exe!":"lpt from the provisions of the E::;ucl Opportunity clcuse. The c~:-tific::tjcn may be submitted eirher for e:c:, subcontrcc~ or fer ell suoc,:ntrcds during 0 period (i.e., sucrterlYj semicnnually, or or'lnually). NOTE: The pc~clty fer mcking false steteme~ts in offen is presc:-i'oed in 18 U. S. C. 1001. "Curing the perrcri71cnce of this .c::mtroc~, tOhe -:e7.tr:::c~cr cSre!::!s es fcllo.....!.: (1) (2) (-' "'I """" The c:::ntroctor will not c.i!.c:-imincte cgcinst cny em?lcyee: or cpplic::Jr'.t fer e:T'lployment be:cuse or race, c:'eed, color, or neticnel crisin. Jne c:::ntrocter will take affirmative action to ensure thet cppliccnts ere employed, end that employee~ ere tre=ted c:!~ring employment, without res:::rd to their race, .creed, c:::dorj or nctional origin. Such action sholl include, but not be limited to . ' the following: employmentj upgrading, demotIon or trcnsfer; re-:::-vitment or reciuitment advertising; layoff or termination; retes of FCY or other forms of ccmpcn~cticn; and selection for training, including c:;:prenrjc~:;nio. The' ccntrcc~cr osrees to post in c::Jnspicvou:; plee:::s, availeble to emp'!cyee:. end cPFlic::nt~ fer employment, notices to be ;;roviced by the' c.jntracting office:" setting forth the provisions of this nondiscdmincticn clcuse. The ccnti:::c~or will, in all solicitctions or advertisements for employees placed by or on beholf of the contractcrj s~cte thct ell guolificd acp[ic.:::nts will rc::ei'lc c.:::nsidcrction fer e~pro)'me!'lt withcut re~crd to race, '~rcedj celer, or neticr.cl orisin. The c:r:r;-.::dar will send ta coc;, Jc::cr ur:icn or rr.:?r~::;c;dc~iyc af WC(ke:-~ with wnich he hc~ c c:dlcctivc bcrr.-::ining csr~cmcnt or other contrac~ or undc:,:::tcndin09, c notice to be provided by the cgency contracting office:- advising the Icoer union or workers. representctive of the c::::ntrcc~or's ' ccmmitmenl' under Section 202 of Executive Order No. 112-15 of September 24., 1965, end sholl po~t copies or the notice in c:rupicuous places availabJe 10 employe.. ond opplic:::nts for employment. SUBDIVISION RECONSTRUCTION / RESTORATION K - 2 (6) (7) ~ , -, . . (4) ihe contrcc~cr will c::r.-:ply wier-: ell provisicns f S '2' 1~' ~ ' I' I o eptcmce:" .,., '1e~, one ot ne ru c:;, C:'1C of the Se="eterv of lebor, , . C' N 11~" or Exe-::utl ve ice:" o. ..;;,....~ res~lctic:'iS, ene re!evcnt orce~ (C' -) The contrcct:::r will fUri1isn ell inf:::r~ctjs:'i c.-,c re:pci~::; re~"",'ired ~y E.",{2=:..:riv~ Oreer No. 112.!.6 of Se?te:ncer 24, 1965; ene' by the rules, resu!cticns, ene oree:"s or the Se:::"e~cry or Lc~c:", or ,t:ur.:UC:-1t the:"e~o.. end will perrni~ cc:ess~:: his becks, re:::::rds, end CC=::ll.:nts by the c:::::;ntrccHns cse:'"lcy ene the Se:::,,~rCil of Leber fer pur-oses c'r investic::ticn to csce:-~cin c::r,,::!icnce with suc~ (""..lIes, ~ - , res'J loti ens I end orders. In the event of the contractor's noncompliance with the ncndisc:"lm,ncricn' clouses of this contrec~ or with any or such rules, re;ulctions, or orde~s, this contr::::c~ mey be c:::nceled, termineted, or suspe:1ced in whole or in pert ene the c::ntrcctor mey be de::lere::: ineliSicle f::r fur~her Gove:"....~me~t c::::ntr:::c:s in ccc:=rccnce with prcce-:::ures cuthcri=ed in Exec:Jtive Oreer No. 11245 of September 24, 1965, C:1C such other scnctions mey be imposed ene re:":"ledies invoked os provided in Exec'.Jrive Oreer No. 11246 of Septe;i;ber 24, 1965, or by rule, reGulction, or oreer or the Sec;,:,ctcry of Lebo., or os otherwise provided by fcw. Tne controc:or will include the provIS'ens of ?eresrepns (l) throusn (7) in every subcontract or purchcse oreer unless exe:npt-ed by rules, resulct.icns, or orders of the Sec~etcry of leber issued pursuent to Se:::icn 2C4 or . Exee'.Jtive Orde~ No. 11246 of Se?temoer 24, 1965, so thet suc.~ ?r:)visicr:.s wij.f be binding upon ecch subc:::nticctcr or ve,.-,d:::r. T:'e contredor will tcke such Cc:ieil with re::pect t.:;;:...::ny subccntrcct or pr..:rcncse oreer cs the c:::ntrcc:ing agency mey direct cs 0 mecns of enforcing such provisions, including ~nc~ions forl1cncomplicnce: Provided, hcwevei, thet in the event the contractor bccomes inve/ved in, or is thre':Jtcned with, Jitisctian with a subcontrcctor or vendor cs C fesvlt of such direction by the con~rcc~in:::J agency, the contractor mey reGue~t .the United Stctes to e:1ter into such - litigaticn to protest the interests or the United S:ctes. II FEDE"-Al PROCURE.'v1ENT REGULUICl'lS EQUAL OPPOR fUN fTY IN EM? LOYM Ei'J T 1-12.805-4 Reoer~s one! O~her Reeuired Inrerme~ion (e) Reguirements for prime contractors cnd subcontrcctcn. ""0:,. ( 1) "- ' 'II. ,. , , c-...;C." agency snc require ecC:1 prIme contrcc~.:-r cne eocn prIme c::;r.lrccror end ~ubcor:trcc~or :;;,cll c:::use its :.ubc::ntroctor: to fife annually, on or before "'~orc:' 31, c.::::mpicte end cc.::vrctc re=orts cn Stcndcrd Form leG (E.:O-ij prcmt..dsctcd jointly by the C:rfice ef Fed.er~I C~ntr:=ct C~mplic:nce, the Equel Empleyment Opportunity Commission, cno prens For Progress, or on such form os may here-::JFter be promulscted in its pIece, if such Frimc ccntrcc:or or :subcontrcctor (i) i, not e"empt from the provisions of this Subport 1-12.8 in oc.eore!ence with 1-J:,804; (ii) hes 50 or more employees; (iii)-is a prIme contractor or f1nt-ticr subcontrcctor; end (iv) hcs a contract, SUBDIVISION RECONSTRUCTION / RESTORATION K - 3 (4) J -12. 8C5.4 . . .sub-c~ntiCct, or purc!-:cse creer cmountinc to $.50,OCO or mere, or ser....es C~ c cc?ositc:-y of Government funes in cr.y C:":':our:t I or is c rincnc:cl ins:i~utic;' whic:, is ~n i:::iuing end ;::c:,ir.S =se:",.t fer U. s. sevin;:: ::cnc: C:iC ~cvir:S:: note::: P~oviced, iher :::-:1' suoc=r,t:,,=c~~:- below the fin~ ~ier wnic;, pe:-form:; constructicn wcri< ct the site of c::;r..struc~icn sncil be resuired, to file such c re?cr~ if it mee~:: t~e requirements in subdivisions (i), (ii), ene (iv) of this pc:-::S=--=:::," (e) (1). (2) Ecch person required by ,ubperegrepn (1) oi ~hi, peregreph ~o ,ubmit reports s;,cll file such 0 report with the c::ntrccting or oc:ninis:-er- ing ase!"lcy within 30 days ofter the award to him of C C:lntrcc: or subcontract, unless such pel.son has submitted sue:' c re;::crt' wir!-:in 12 monrhs ?re~edinS' fhe dere or the e.......ard. St..:bsesvent reFer::; snell be submitted annually in occ~rdcnce with su::~c:-cS':-:::Fh (1) of this peregrcph, or at such other intervals os the agency or the Direc~cr may reqvire. The agency, with the cFFr:::vel of :he Cire:tcr, mey extend the time for filing any report. (3) The.Director, the osency, or the applicant, on their 0""'-11 motici':s, mey rec:uire 0 prime contractor to keep emF/oyment or other recore's end to furnish in the. form resuested, within rec!Ocncbfe limits, suc:, ir.Fcrmcticn cs the Director, agcncy, or the cFplic::nt-dee:-ns ne::e~xry Fcr the cdministr::tion of the Oreer. Jne feilure to fife timely,.c=:lmpfetc, end ecc'.Jrcte repcr~:;, cs re- quired, constitutes noncompliance with the prime contrac:cr's or subccntrcctor's obfigetions unde:- the equal Opportunity clouse end i, 0 ground for the impo,ition by the ogeney, the ~irector, en eppli cent, prime contractor or su6contrcctor, of cny scnct ion~ authorized by ~~e Order and ~he resura~ions in this sub~cr~~ Any. such Fcilure sheff be reported in writins ~o the c.jrec:~or by the CSe:1c/, 9S Soon as prcctic=ble oFfer it oc.::~r:;. b. Rcquirements For bidders or prospective contrcctors. Re:;cd:; end ether Re::;uir~d lnFcrr.-:cHon (1) " ~ Eoch cgeilCY shell rec,uire e'.Jc:' bidder or Fr::s::, ect:ve ,=rtr.-:e C-n' , - ..... . r-:::c.or end prCFosec subc::mfrcc~or, where appropriate, to s.tete in the bid or ot the cut:d of nC;::lticticns For the contrect whether it has pCi~i- c:Foted in on'! previous c....ntrc.:t or subc::::ntr.:=ct !.ubie:::~ to the E-.......f Ccr.:cnt.:nih' ~Icuse' end ....,.F so wnether it hos rile'd with the ':'-"'1O-t . , , , , , -- . Re?cr~:r:S C.::mmiUce, the Dirc~~.::r, en CSC:1cy, or the ro~e:" P:'esid~nt's C::mmiUce on Equcl Employment Cp.:::or~unity, ell re=cr~s due under the eppIic::bIe iiling requiremer.ts. The ,tdement sh~11 be in the form or 0 rcpre,entetion by the bidder or oifcror 'ub- '~en~ielly 0' io/lows: SUBDIVISION RECONSTRUCTION / RESTORATION K - 4 UT:,c .:::cr (cr oUcre..) r,==:"-::'C:1r~ ~:'=r :-H:. ne:.? ( ) h.:::. . . . . . . -. ...~ .. :...,--.....r.-c~ .uO;........ to no~, pC:-~I::;::::::~!:= In C ?rcvro1..:~ c::r:l:"C_. _, ~i,J..._...",.... .. ,__' , .... '-,' . I ' . ~.' -;...."..... ....ric:ne11.J C-:1- tne :':::uCl C==cdunltv c,cuse r',C'r':rr'l, C. ,:"Ie _.__._.... ..' "j _. . ;. ", .. I...... '. . N l''"1C-::::... tt..p ....:..... ... teme: In se:~lcn ..;.01 or ~xe='..Jtlve Cree:"' c. ,.).__,....r "_ '-........s_ c:ntcined in se=~icn 2Gl or Sc=:..:tiv~ C'r=~r Nc. 11114; t:-:c~ ne . -, 'II ., I. ..._.... . __...: .:.._. ( ) nc:, ( )hc: ~ct, flle: c rc~ulre-= C=~:::tIC:1C~ re:-_..s, ......... .,._. re:::re=..=:"':k~ic~s ;:;ci==rins ~ubr:":i~:;jcn or r~o::;'..:i;e-= ::=~:=,ic:"'.::~ :"~==r~:;, . . . . ~u"c-_-,,',r~::., ~,"~ ."nl ::e ='::~=;,"':e-:' ,crier ~= ::.:~- Sls~ec =y ~~:::=$e= _ _ _ _ _ ..... _ c=~r;::=~ C......cr=:. II in ==nr:e::~jc:-', , , ) t:-:e Clouse. ",' Wl"i ( .. ......... ........ ;""'- ~"~-,,,"",',~...: 7~e c::c'.le re~r~~~~,=:;c~ .-:__~ ......1 _ ....._ ~_ c:=nlrc=~:z or sU===:i~r=:'~: wr.ic:, ere exe:.:~r r:-:::-:,: When. 0 bid.:'~:- or orrer::::r roils to e~e:::.Jte the re;::re~e:it:::~ior., ~he ." 'II t "".J . ... ". . jot 1-..,. cmlSSICi'I s:ic oe ::'::n!-Ice:-e... 0 mllior In~criilcll,Y one d1e ....Ic.::er or .ofrer::r shell be pe:-:'iIitted to sctisfy the re-:::~ireme:it priur to ,cwer::. (2) In cr:y c=se in wr,ich c bidde:- or pr::~:=:ec~ive prit':"'1e C:::ii:-=c:.::-::r pr::p::s:ed subc::ntr::.:::or, wnic:-: p=r~ic;pcre= in e previcus c::~~:-=.:::- or s;..:=c::::.:-;t"':::::.t sL.:ojeer to Exec:Jtive C'rci~:-s No. 109"25, 1111":'.. or 11:~6, ne::: nc~ fite: c re?ort due under tne c;:pli::=ble filins re~:..';rer:-:er:ts, no c::ntrcct or subcon~r=:::t shell be cwcrded, unless suc:, c::::n~:-=ctcr submirs 0 report c:::vcrins the delinc;ucr:t pe:"ioc or suc:, othe:" period specified by th~ c:;ency or the Director. (3) A bic.::'e:- cr prc$?~dive prime contr=ct:=r or pr=~csed subconr:-c=~=r snc!! be res:.:ired to submit such inr:::r.-:-:ctior: es the agel"lCY or the Direc.t:::r r2svests prior to the ewere or the c::'ntrcc~ or subccnt:-::c.:. Wne:"'l e ceter:'ilinetion he, been me.:e to ewe:-::: the contre.:::t c:- sl.,;b- c::ntrcct to c specific c:::ntrcct:::r I :;uch c=r.r;::c~cr :;hell be 're~~ired, prior to c'Ncrd, :=r efter the ewerd, or corh, to tur:-:.isn suc:, ~t;,er in;::::r;'7':cticn cs die csency.. the cpplic=:it.. or the Direc:;::r re:::..:es::;. (e) Use:or Reports. Re?ods filed punucnt to this T-12.8C5~"shell be us~d only in ConnectIon with the ccrr.inistrerion of the Order, the Civil RiSh:s Ac~ of 1s:'64, or in furthe:"cnce of the pvr?oses of the Order end $:::: id Act. (c) ACSl..'isition of Report Fc:'"7TIs. Stcnccrd Fcrm 100 is cvciJc=/e in e!1 GSA suppfy oe?cts. Copies or ~;'e form l.Icy be obtcin.cd from GSA thr::usn the c.:::ntr:;c:ing or cd::1ini$~C:-:ilg OS~:1cy. The stoc~ :1vmbe:- fer thc form is os fcl!o...vs: St""~crc For.-:-: No. $;0'::::': Nt..'m::c:" Title leo i;40-9"2.5 -204? E:;:.;el "m"loyme"t epportunity employer ir.formction report. ~ SUBDIVISION RECONSTRUCTIONI'RESTORATION K - 5 1-12.EC5.4 ~ . . PRCCUREMENT ST":'NO;,WS A. All C=ntrcds end Subsr=nrs for c=ns~ruc~icn cr repeir shell . I ' .. r'.. ... C . 'IIA. . Inc.uce c pr:::VI!ICn ,er c:mp11cnc:: Wl:n ,;,e =pe!cna .-..nfl- . 1.. 'II A, (1.... I! c:: C ....-" "" C KIC:< :0'::::<: .-.c~ c 1....._. . c/....; :::~ sU~:=le:7le~.ie':: In "~::=:"~::-.e=-:.t 0; Leber Re;ulcticns (:9 C:=~, Pert 3). This Act' ?rovices ~!-:c~ e-::::h C:::1trcc~cr or SubS:-=:"'lt~e ~;"cll be ?ro;"joi~ec fr:m incu:::r.SI by any me::ns, cr:y pe:"'$cn employed in the c:::r.struc:icn, e::::mpre~icn, or repcir or public work, to give up any pert of the c::::mpensction to which he i:i. othe:-'Nise e:1~ir!ed. The Gr=~tee shell report all suspected or repodcc violctions to the Grenter Agency. 8. Where cppliccble, ell Contracts cwcrded by Grantees end Suo- 9rcntee~ in ex::e~s or S2,OCO fer c=r.~~ruc~iCrJ ccntrcds cr:c in exce~s or $2,500 for ether c:::ntrcc~s w;'ic:, involve the e;.'l- plcyment of mecncnics or tcberer:s shell include 0 r:r:lvisicn for c=mplienc~ with Sed;ons 103 end 107 of the Ccntr=d Wcrk Hcurs end Sofety Stend=rds Ad (AO U.S.C. 327-330) os supplemented by Der;:cdment of lc~cr ReSu/cticns (29 CrK, Pcr, 5). Under Sect;cn 103 cf the Act, eech Contrcder shell be recuirec to c~mcutc the woces of eVery me:::,onic cne ' , - . laborer on th-e basis of a stcndard work doy of 8 hours cne c stcnccrd werk week at 40 hours. Work in exc;Ss of the srcncc:.= . , I, . '" I .., L ~ th . wori<:ccy or wcrKweex IS per;.1ISS10 e prevlce':: ~,"lC. e wcri<er is compenscted ot 0 rete of not fess thcn 1-1/2 times the bcsic rete or pey for ell hours worked in exce!s or a hours in cny c::!encer coy or 40 hours in the work week. Section 107 of the Ad is opplicd:1e to ccnstruct;cn work end provides thet no loborer or mechcnic sholl be required to work in surroundinss or under v..:orking conditions which ere un:cnitcry, ho::orc'ous, or dcnsereus to his h='th end sefety os deter",;ned under construction, safety, cnd health stcndards ?r~~ulscted by the Secretcry of Lcbor. These requirements do not epply to the purchcses of sUFFlie~ or mc.~ericls crcr~ic1e~ .::rdincrily c\lciicble en the c.....cn mcrk et cr c::n~rCC~$ Fer ~r="'lsccrf.:::-icn ~ ....., . or ,rc:-:.:;missicn of ;nteJligence. c. Ecch Contrcct of en amount in ex~e::s of 5.2 ,5CO C'Nt:lrded by 0 GrcntC2 or Subsr::::nte~ shell provide that ~he recipient will c::mply with cppliceble regulations end stanccrds of th~ Cost livlna C~unciJ in establishing w~9c: ~r.d prices. The provision Shell cc'/i:c the rccipic;.t t!-:ct sucm!S~Jcn of c Sid Or offer or the sucmj~tcl of en invo;c~ or vcucher for prOFer~y, geeds, or se;'1ic~:: Fur:;ishc::: unct:r c c=,.....drcc~ Or =:::""::::C~e:l~ with the Gr::...,r~e she!! c=r.::;~itutc 0 ccdiFic=ricn by him ~hct Cr.10unts to be oeid do not excec:: maximum cllQwcble leve!s cu~hari::.ed by th'e C~s: of living Council rcgulc:ions Or stcndc:cs. Violations shell be repor~ed to the Grontor Agency end the 10c=1 Internal Revenue Service fi~lrl ",ffice. SUBDIVIS-ION . RECONSTIWCTION-/-RESTORATION K - 6 . . D. C=ntrc::~:"cn:: Sub:rc:'1t:; of C:":'lcunt:; in c:<::~:s of SlCO,CC 'II . . . . "-' ..... ~.' ..._:....~ t~ $i1C c:ntclf1 C pr=vl~ICt"l" wnl....11 re--:ulrc.. .;-,e r___ple... .... c;:-ce to c::mply wit~ ell cp_:::lic==Ie ~:~:-:d::i'C::;, arde:-s, or re;~fctions issued pur:;ucnt to the C!c=:-: Air Ac~ or 1970. Violctions shell be rei=crted to ~he Gr=:".:c. Ase~cy c;-:c ~:-:e ReSicl"";ci CFfice of the ::;'.I;:'"::i1r.ie:".~ci ?...c:e:::rc..-: Age;-,:::y. E. C=:i;i"CC~S sho!! cent:::,., suc~ c::nricc:ucl ;:r.:visicns. or c:::-:dii"ions whic:, will allew for ccmir,is:rctive, c.:::ntrcc:ucl, or le;el re:'rlcdies in instance: wne:-e c::::n~rcctcn violete or breech ccntrccts tCrr:1S, end ;::r::vide fer suc.~ sCi1c:icns end pene/tics os may be appropriate. F. All contrccts, cmounts for which ore in eXce::; or 52,5C0, shell contain suitable provisions fer ter~inction by the' s:-c:""Itee inc!uc':ns the ~cnner by whic~ it' 'Hill be efr~=:ed ene the beds for settlement.. In ccdiUcn, such ccntrcc~s shcJI describe conditions unce:'" wnjc~ the c::ntrcc~ mcy ::e te:'":7Iincted rer deFcult os well os conc'irioi:.s where the c::n~rcc~ moy be termincted bec:::a.:se of Cii=~r.-:s:-=nces be)'cnd the controf of the cor.trcc~or.. G.. In ell c::ntr::::c~s Fer C::r.structicn or Fccjjiry improveme...,t cwarded in exce:s or SlOO,CGO, grcntees shell observe the bending reql.:ireme:'"lts provide= in A:~cc,~ment B to this Cir:"ler. H.. All c::ntr=c~s cnc',;::ucgrcnts in exce:s of S10,CCO shell in- cluce provisions fer c::mplicnce with Executive Orce:- No. 11245, entitled, "Esucl Employment CF?cr~unitY/II as sUFFlemented in Depertment or lebor Regu.letiens (41 C;::<, Pert 60). Eeeh con~redor or subgrentee shell be re'iuired to hove en aFFirmative oction pron which declares thct it does not discriminate on the bcsis or iece, colcr, reliaicn c..e....... - , . -...., national origin, sex, and cge cnd wnich Specifies ceefs and tc:"get cetes to C!.::L:rc the impreme:1rcticn eF thct FI~n. Tne s:"cnree shell eskbii!.h procedures to CSSure c::.mplicr.ce with .' . . ~ l. '. '. , ""IS rcqulre~C:11 ....y c.::n.:"cc, or:: or SUOsrC:'1leeS cne to CSSure thct ~uspc::~e-= or r~ported vio/ctions ere promptly inve::;riS-=ted. SUBDIVISION RECONSTRUCTION / RESTORATION ........ K - 7 . . COMPLIANCE WITH ?~CVISICNS OF THe V,3CR L~W Punucnt to -Article a of the Lc:cr L=w, the c::n~r:::c~::r's c~:cntjcn is dircc~e= t:l the fOllowing rec;uirements: 1. Section 220.2 which rec1.Jjre~ C ~Hpwfc~icn thc~ no roberer; wcr~;-;;cn or me~:-:c:"!ic . hi'" . . . . In t e e:"':":p cy or t..e c=r:lrcc~=r, su::c::::-',rr:::c~:::r cr ct:;c:" ;:~~':::1 C:::lr.g or c=:'::-;"==~_ . "' I .. " "h I ... I ., 1 In9 ~c do ~"e wnc e or C FCit or t"e 'Nori< c=nh~:7'lFlc~e::: ...y tne C:::ntr::c; S:1C:1 ::;e pe:-mitted or re~:.Jired to WOrK mere then ei9~t hours in C:"I)' cr.e c::!encc:" c=y =.:- mere t~Ci1 five dcys in anyone weeK except in the e:":"ler9C:ic:~5 se~ Ferth in the Leber Lew. 2. Section 220.3 which rec;uir~s 0 prOVISion that eoc:, loborer, workman or me::::-:cnic employed by the contractor, suocontroctcr or other person about or upon suc~ public work, snoll be paid net less ~hcn the prevailing rote of woges cnci :oneIl be. provided supplements not less then the prevcilin"s supplements os deteir:"!ined by th e fisco 1 oFficer. 3. SecHan 220.3-:: e1s.o requires thc~ the c=:r.tractor ond every subcontractor en public works ccntrccts shell pos~ in c prominen~ end accessible pIece en the site .or the work 0 legible stcreme:-:I' of 0/1 woge rotes end sUF?lements os specified in the centred to be paid .or provided, os the cose mol" be, for the vcrious clesses .of mec~enic.$, workinsmen, or leborers employed en the work. 4. Section 220.3-e provides that cpF=rentices will be permitted to work os such only when they ere registered, individually, under c bona fide presrc:-:1 res:is~e~ed with the New York Stote De::er:-rnent or Lecor. The allowcble retia of c::::re:-:tices to iourneymen in eny croft c!cs~iric=tjon.. sheIl not be grc-::ter then the ro;i~ pe':-r:1itted to ~he ccntr:::c~cr'os to his WorK fcree on c:-:y job uncer the re;istered prOSier". Any employee listed on c pcyrofl c~ en cpprentice W'Cse rete, who is not registered os above, shell be paid the woge rctcdetcrmined by the New York State De;:crtme:1t of Lobor for the classification of work he actuclly performed. The contractor or subcontroctor wi11 be required to furnish written evidence of the registration of his progrom end apprentices os wer/ as of the e,=::rcp~;cte ratios and 'NCge rotes, for the erec of construction prior to using cny cpprentice on the contrect work. 5. Section 220-e which resulres provisions by wnic;, the c=nr;ec~cr with the Sicte or municfFclity csre~~: (0) Thet in the hiring of emclc',fces far the pedormance of work under th"is c::::ntrcct cr any subc::mt;cct' hereuncer, no centroctor, subc::ntrcct::r, nor any perscn cc~jng on behclf of such c=n!rec~or or succontrcctcr, shell bv re=sen of rece, crced, color or netional origin di~crimincte oscinst eny citi::en or the Stctc of ~Ic'N Yor:...: 'Nnc is cuelified end avcilcble to per:c(i";'l the werk ~o which the c:nploymcrl! I"eleh~~; , -. t f,. :....' 1. I II . I net :10 c=n "':::c~cr, succ::r.:rcc~::r, nor any per:cn on "11': ..enc,: snc , In eny mcnner, di.:.:::iminote og=inst or intimidate any employee hired fer the perfcr~cnc~ of work under this ccntro:::~ on acc:=unt of race, cre~d, c::lor or naticnc/ origin. (Your attention is directcd to the provisions of the Stote lew ag=ir.st Di~crjmjnctjan which aho prohibit discrimincticn in employment beo::ouse of age); (b) ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 8 . . (c) Thor rhero mey be deducted fr:::m the Cr:"lcun~ p=ycble L~ the c=ntrcc~cr S:, lr:e 5 . ., I't "h' - ,. . - ~~- I', f r' ~ '~II __ :~ ~_~ tc.e or munlc:pc J Y Ur'lGC:"" 15 C_MI,CC. '"' r--"C Ii' 0 'IV_ C..... 'C'4 ,....r ___" -I '.... '.... ,.:. ',.., ":"'~.:".........;... cO' ,..:;,--:......'nc.,.....: ---'n" er ,n',- _, c:;:;,e:""!c_r c.../ -ur'''9 wnIC., ..;,,;c.. ,...C.s....., '^' .. ...........' .". ,__ .....-::_. ...1 ~ "',,,jc_.~::' in violcticn of the :=r:::visicl"':s of ~:-:c c::r.~r:::c~; (d) Tnct this contr:::c~ mey be c::-:ce!lcd ::r tei~inctcd by the Stc~e or mu,~ic;~=l- . . 'I ' . 'h ' """ Ity, cne c, moneys cue or ~c oec=~e cue e:-cunccr mey oe Ic:"relte~, ter c second or cny 'Subeque:it viclction or the rer:'Tl~ or c::nciticns. or this se::tic:"l of the contract. 6 . The cForescid previsions of Section 220-e which covers every controct for or :::r: behclf of the Stete or municipality for the mcnuroc~ur~, sole or distiic~~icn'of mc~e:"iols, equipment or sUF~!ie~ sholl be limited to ope:-~~jcns pe:-f:Jrl7':ec wif~j.",: the territorial limits of the Stote of New YorK. 7. Se::Hcn 222 which requires thet prcrerenc~ in employment shell be sive:i to citi- ze:1S of the State of New York wno hove been resident:; fer ot Ie-:::.: six COl"':se:::.:~jv. months immediately prior to the Commencement of their e:'":"'lployme!"lt; tn-::t pe:-sc:":s other thc:-1 citi::;:e:is of the Stote of New York mey be C:1":pJoyed when suc:, citi::::::s ere not availab!e; one thc~ iF the resuircments of Section 222 c~ncernins pre:e:,- ence in cr."lployment to citi:;:e!"ls of the Slate of New York ere net complied .....id.:, the c::nfrcd shell !:e void. 8. Se::ticn 222-:: whic~ reSuires thet iF in the CCr:str~cticn of the public war...:: c hcr:Tlfvl dust he::.:::-d is c:e::ted for wr.icn c::plionces or methods for the elimir.ct- ticn or hcr:ntu/ dtJ~t hc==rd is cre-::ted for which applicnces or methods tor the eliminction of hcrmFul cust nave been ~pF=roved by the Bccrc of Stcndcrd Appe-=!s, such oFplicnc~s or methods shoJI be instelled end maintained end effe::Hvely operated by the c:::ntrcctor; end thct jf the provisions of Section 222-0 concerning hermful dus~ nc::=rds are not ccmplied with, the c:::mtr:::ct shcll be veid. OHiE" R'ECUIREMENTS Every Stc~e c:::itrcc~jns c2ency, ir:ciucins Public cu~horities, r.1U~~ incluce in ecc., c::n~r=.:::~ pcrcg:'c,=ns (0) ~hrOL:G:' (s) of the S:cncc.c Src~e C::::ntrcc~ cIcu::e:s prcmuIS':;~ed ~y ~he GC'.Ie;;'1C. on S~ptembe!" 12, 1963 end emenced November 14, 1963. Leber ele"ifiee/icns no~ oFPecr;ng en the oeeer71penying 'ehedule of weee, cen be used en)', with the cen,e'll of the depedmenl of juri,dict;e'l end ~he'l the rete 10 b~ pe;d will be eive~ by the dei=-=r~mcnt of juri::dicticn ofter be;ng advised by the New York Src~e Oe=cr~men-r ""'~ '~b~. , -, Inc CCr.tr:::c~:::. ~,:"'cl1 mcke ::U'::." =rO'lls:cn Fer di:;c8ility be:'1e(i:s, wcrkmc:",:ls c=r:-:~e:~:c!jcr., une"',eieymc~1 i""ure'leo, ,cciel ,ec:Jrity end 'clety cede provi,iens e, cre rC'i:Jired by Ic...... ~ SUBDIVISION RECONSTRUCTION / RESTORATION K - 9 . . Gerlcrc!' Rc'sulcricr: No.1, cs i::.:ued =, ~he S~cte C::r.imi::sicr: Fer ~ur7':cn :::i~~~:, r~~:.:ir~: thc~ e=.;c;, c::ntr==~ c::ntc::-:~ c :;~i~t..'_lc:;:::-: rr.c~: lip i:; here::y c;;-'.:e..: 0:' c..:: '::erWce:i ~i-:e pcrties hercto that e'le"ry c=ntrcc~cr c:"':c subc=nlr~c~or enS'=S'cd in the ~t..:=ljc wcrx ce~c;:'::e= in this c=nlrcc~ she!l pest enc mcinteir, c~ e=c:~ of ~js es:c~iishm~~.ds =:-:c at ell ?icces ct. I .. '~L , 10 ,. 0' " ... , .. '~ ' I' N." _~'_ wnrC:1 l.,e ?uc Ie Worx: cesc:-;:::e:: :iere.....ncer IS ceU1S c::ncuc,ec, ,1e I C'IC~ or .:"':e ::tc~~ Cc~missjon for Humen Rights jndjc=~ing the substantive previsions of :he Lcw "="scinst Discrimination, wne:-e ccm:=rcin~s mey Se fired, end other pe:-tint.:nt jr.i'c~c:icr:. suc~ Notice sncll be posted in ecsjjy ccceBicle and well lis~tcd pieces c~st::meri'v fie~ue:1ted by'employees end oppliccnts fOi e:'Tlpleyment." The Notice me>," be obtcined rrc~ ~;"e deportment ncving jurisdiction, Oi from the office of the Stete C~mr;,iHjcn fe;" Humen R:S'~~~ in the respe:::tive eree. You e.e rec::..res~ed ~o refer to t:,e 3ur~::u of Public Work ell C;'cises or C=:scrimincticn in emplcyment inc!wdir'9 di:c,im;rc';cn ceccw,e of cge, rcco, c,eo,;, cclcr cr nc'icrc/ C"9':1 SUBDIVISION RECONSTRUCTION / RESTORATION K - 10 """- . . Se:CTION L NON-DISCRIMINATION CLAUSe: Durin!; the ?erf:::~cnc:~ or this contjcc~, the c=nt:-cc~cr cs:ree~ os fo[icw~: c. The Ccntjc.:::~or will net disc:-imincte agcinst cny employee or c.=plic:::nt fer em!=ic;--- ment bec:use of rece, c:eed, coler, or notioncl oris-in, or.c will toke cffir":":":c~:ye ection to insure thct thC'/ ore cfforded equcl employment opportunities without disc:iminction beccu!le of rcce, creed, color I or nctloncl origin. Such cc~ion .hell be feken with referenee, but not limited to: recruitment, employment, jeb cssignment, promotion, upgrcding, demotion, trensfer, IcyofF or tClmin"crion, retes of payor other forms of compen:.ction, and sclec~ion for training or retrain- ing, inducing cP?renticc~hip and on-the-iob training. b. The Controctor will send to eoch lebor union or rer:resentctive or workers with which he hcs or is bound by c collective bergaining or other cgree:itent or understoncing , a no~ice, to be provided by the Commission of Human Rights, advising such lebor union or repre.sentctive 'of the Contractor's agreement unoer clauscs I'C.II through "n. hereinefter c::lled linen-discrimination clauses", end rcc;uesting such lebor union or representative to agree in writing, whether in such corlec~ive Ccrgcining or other egreement or understanding or otherwise, tho: such laoor union or repres.entctive will not discriminate against ony member ~r cppfic.:::nt for memoership because of race, creed, coter, or notianol origin, end wilI toke affirmative action to insure thet they ore afforced equal membenh~p oFportunities without discrimination because of rece, creed, coler, or nationa! origin.. Such action shall be token wi~h reference, but nol be limited to: (ecrui~ment, employment, job assignment, promotion, upgrcdir1g, de- ..motion, trcnsfer, IcyofF ~r termination, retes of pey, or other fOlins. of compensc:ion, and selec~ion for training or retrcining including apprenticeship cnd on-the-job troin ing. Such notice sholl he given by the Contredor, ond .uch written agreement .hell be made by such lobar union or representative, prior to the commencement of per- formances of this contract. If such labor uni on or representative Feils or refu~:s so to asree in writing, the Controc~or shell promptly notify the Commissicn f:r Human Rights of such failure ar refuso/. . c.. The Contrcc~cr wilt po~~ and keep pos~ed in conspic:JCus pieces, cvcilable to cmFloyr end cpplic:nts for employment, notices to be provided by ~he Ccmmission for HUr7'icn Rights setting (o<th the subs.tancc of the provisions af clauses lie. II end lib. II cne suc:, provisions or the Stetels lev,s ascinst dj~crimjnction as the Commission for Human Right. shell delermine. d. The Conlroc~ar will ,tele, in 011 solicitetions or odvcr~i"'ment, far cmployee. pieced by or on bcnclfof the Conlrec~cr, thet cll quelified opplic:::nts will be offorccc e:::uo emplcymcnt OFP::Jrtur.itie: withcut discriminet'ion .bec~u$e of rcce, c:eed, col.:::r, c~ ncticnc/ CflSln. SUBDIVISION RECONSTRUCTION / RESTORATION ..... L - 1 . . e. The Contreclor will c::mply with the prOVISlens of Sections 291-299 of the Exec:;ti Lew end the Civil Rights Lew, will furnish 011 informetion end reports deemed nee scry by the Commission for Humcn Rights under these non-di~crjminctjcn clouses C~ suc:, sections of the Exe=u~i"'e Lcw, cnd will, pe~il ccc~~s to his bod(~, re==rcs, end CC'::::unts by the Ccmmi~sion for Human Rights, end C\',,'ncr rc~re~C'~~::~ive~/c=;". for purposes of invc~:js=!jon to ascertcin c.:::mplicnce ......ilh ~hese ncn-disc:-imincticr clouses end such sections of the Exec:..rtive Law end Civil RigMts L.::w. f. This Contract mey be forthwith ccnc~l!ed, terminated, or suspenced in wnole or il'" port, by the con/roc/ing ogency upon the bosis of 0 finding mede by the Ceminissie of Humon Rights thet the Contrector hos not complied with these non-disc::minctio douses, end the Con/rector moy be dedl:red ineligible fer future centrecls mede b or on beholf of the Owner/Contrecting Ag"ncy until he setisfied the C:mmission fe Human Rights that he has established and is C'::r:-"ying out c program in c::lnforrni~y "IN the previsions of these non-discrimination clauses. Such f:ndin!; shell be made by Commission fer Human Rights cfter conciliation efforts by the Commission hove feil to.ochieve compliance with these ncn-discrimination clauses cnd of tel" c verified c ploint hes been filed with the Commission, notice thereof hes been given to the Cc troctor ond en opportunity hes been afforded him to be heerd publicly before three members of the Commission. Such sant~ons mey be imposed cnd remedies otherwi~e provided by lew. g. If this Contrect is concelfed or terminafed under clouse 11(:', in addition to other rights of the Owner provided in this contract upon its breech by the Ccnticctqr, th, Contrector will hold the Owner hcrritless ascinst cny additional expenses or cos~s ir curred by the Owner in C:lmpleting "the work or in purchcsing the. services" materic: e'1uipment, or supplies een.templeted by this centrect, end the Owner mey withhalc payments from the Contractor in an amount sufficient for this purpose end recourse mey be hed ageinst the surety on the performence bond if necessery. h. The Contractor witl include the provisions or clauses "0"', thrctlgh Ifg~1 in every sub contract or purcnase order in such a manner- that such provisions will be binding upr each subcontractor or vender os to operations to be performed within jurisdictionel locele of the Project being centreded by the Owner. The Centrector will teke Sue action in enforcing such provisions of such subcontract or purchase os "the Owner/ Contracting Agency may direct, including scncHons or remedies for non-compfianc If the Contrcc~cr becomes involved in or is threatened with litigction with a sub- contractor or vender os a result of such direction by the Contracting Asency/Owne" the Contraclor sholl promptly so notify the Owner's representatives/counsell rec;ue: him to inte:-vene cnd.prctcct the interests of the Owner (Confracring Asency's juri:dictioncloree).. SUBDIVISION RECONSTRUCTION / RESTORATION L - 2 ....... . " . . GENERAL CONDITIONS A. The contractor shall supply all labor, materials, equipment and services necessary or required to complete the work. The contractor shall fully familiarize himself with existing site conditions. The locations of all underground utilities shall be verified prior to commencing work. Damage to existing utilities shall be repaired at the contractors expense. B. The contractor may store his materials and equipment on the work site but the Town of Southold will not be responsible for damage or theft of same. C. In the event that anything reasonable, necessary or proper for the complete performance of the work to produce a first class finished job, has not been described in these specifications clearly, through oversight or palpable error, the contractor shall, notwithstanding, execute and provide all omitted works and things as if they were severally described, without extra charge and to the satisfaction of the Town's authorized representatives. D. The contractor shall be responsible for all construction facilities and temporary controls. These items would include all temporary electric, heat, telephone, water and sanitary facilities. Barricades shall be provided around all hazardous areas during construction and shall be maintained and lighted in accordance with all State and Local Code requirements. E. The contractor may submit substitutions for products specified herein, where such substitutions are allowed. Requests for substitutions shall be submitted with complete data necessary to substantiate compliance with the contract documents. All substitutions shall be approved in writing prior to being ordered, fabricated or incorporated into the work. No claims for additional costs related to substitutions will be allowed. F. The contractor is specifically advised that he shall be responsible for on-site safety in regard to his area of work and shall indemnify and hold harmless the Town of Southold and the Architect from any and all claims resulting from on-site accidents or safety conditions. G. The contractor shall be responsible for cleaning all work related debris generated during this project in a timely fashion. All brush & debris generated at this site shall be deposited by the contractor at the Southold Town Collection Center at NO COST. SUBDIVISION RECONSTRUCTION / RESTORATION Page 1 '- '.. \' . . SUBDIVISION RECONSTRUCTION / RESTORATION PART 1 - GENERAL 1. 01 RELATED DOCUMENTS: A. General provisions of the Contract, including General conditions and Supplementary Conditions, apply to work in this section. B. Standard drawings attached. 1. 02 DESCRIPTION OF WORK: All new construction shall meet the minimum requirements of the Southold Town Highway Specifications. The work under this section shall consist of furnishing all labor, material, equipment and appliances necessary or required to perform and complete all work including but not limited to the fOllowing: A). Clearing & Grubbing of overgrown shoulder areas. 1. All shoulder areas wi thin this subdivision shall be cleared for a minimum of seven (7) feet behind the existing curbing. All existing shoulders that have been satisfactorily maintained will require no work. 2. All existing underground utili ties and any existing road construction materials shall remain. Any items removed during clearing & grubbing shall be replaced at the contractors expense. (ie. pavement, concrete curbing, telephone lines, drainage structures, etc.) 3. All reconstructed shoulder areas shall receive a minimum of four (4) inches of topsoil and seed. Seeding shall be a mixture of 65% Kentucky Blue, 20% Perennial Rye and 15% Fescue delivered at the rate of four (4) pounds per 1,000 square feet. B). Clearing & grubbing of road surface areas. 1. All grass, brush, trees and vegetation that has grown up within the pavement area shall be removed in its entirety. SUBDIVISION RECONSTRUCTION / RESTORATION Page 2 , ..... " . . . 2. All grubbed areas shall be treated with a herbicide that is approved by State & Local Codes. The application of the Herbicide shall conform to the manufacturers recommended specifications. C). Clearing & grubbing of the Recharge Basin. 1. The perimeter of the recharge basin shall be cleared to a minimum of five (5) feet outside of the existing fence. The existing chain link fence is to remain. Care shall be taken to protect same. Any fence damage due to construction shall be repaired by the contractor at his expense. 2. The interior of the recharge basin shall be cleared in its entirety. The existing side slopes of the basin shall be regraded as necessary to provide a maximum slope of one of four. D) . Installation of new drainage Pipe & Manholes. all existing underground utilities prior installations. ) (Verify to new 1. New 18" Dia. Corrugated Metal Pipe (or approved equal) shall be installed in the shoulder areas of the existing roads between the catch basins located near the Rte.48 entrance of the subdivision and the catch basin adjacent to the recharge basin along Stony Shore Drive. See schematic drawing attached. 2. Two (2) four (4) foot diameter precast concrete manholes with cast iron metal frames and solid covers to grade shall be installed in the existing shoulder areas to accommodate the new pipe installation. Exact location to be established during construction. See schematic drawing attached for approximate locations. E). Patching & Resurfacing of existing Roads. 1. All pot holes, cracked surfaces and areas cleared of vegetation shall be patched with hot mix Asphalt. Minimum patch thickness is two (2) inches. SUBDIVISION RECONSTRUCTION / RESTORATION Page 3 ~ . , . . . 1. 03 1. 04 1. 05 1. 06 1. 07 ....... A. A. . . 2. Upon completion of all other phases of construction the entire road surface shall be resurfaced with one course of oil (RC 250 - 0.3 Gal./S.Y.) and Blue Stone (1/4" Stone - 25 lb./S.Y.) See standard highway specifications for additional information regarding pavement requirements. STANDARDS: A. All new construction shall comply with the fOllowing reference standards: 1). Southold Town Highway Specifications. CONTRACTOR QUALIFICATIONS: A. Contractor must qualifications: show evidence of the fOllowing 1) . A minimum of five (5) in road construction experience. years continuous experience and drainage installation QUALITY ASSURANCE: A. The contractor shall be responsible for verifying all eXisting conditions and limitations. The extent of clearing and the amount of Asphalt patch shall be verified by the contractor prior to sUbmitting his bid. B. The contractor shall be responsible for fully investigation the existing site conditions and shall be responsible for verifying all dimensions and quantities. DELIVERY STORAGE AND HANDLING: Delivery, storage and handling of drainage pipe, concrete castings, paving and surf acing materials shall be in accordance with industry standards. JOB CONDITIONS: Asphalt patch work: 1). No asphaltic concrete shall be laid during wet or freezing weather. 2) . Protect newly laid asphaltic concrete work from rainfall until it is completely set. 3). No asphalt or bituminous materials shall be placed when the outside temperature is below 50 degrees F. SUBDIVISION RECONSTRUCTION / RESURFACING Page 4 I I , I < ~ f- . EXISTING CATCH BASIN & HEADWALL EXISTING RECHARGE BASIN EXISTING CHAIN LINK FENCE . NEW 18" 0 DRAINAGE PIPE EXISTING CATCH BASINS . . - . . co -or ~:T--T--T--T-- -- I qv : e : @ : @ : @T@ , <lJ ... ~ :>< H Z ~ o u @ WILD Vl)>.'i CHERRY @ 0 r.l @: > ..... ~ ---l <=l '" . '" @ 0 ,0:: @ :j U) :>< z 0 H '" ~ o '" .' 0:: H '" o z @ "y" --~. NEW 4' 0 PRECAST CONCRETE MANHOLE Wi CAST IRON FRAME & SOLID COVER. (TYP. of 2) PARK & PLAYGROUND - ~Ol/.'l'li S C HEM A TIC SUFFOLK COUNTY TAX MAP # SECTION 52 BLOCK 03 LOT II @ --. SIT E P LAN N.T.S. NOTE: THE CONTRACTOR SHALL BE REQUIRED TO PERFORM ADEQUATE SITE INVESTIGATIONS AND IS RESPONSIBLE FOR VERIFICATION OF ALL QUANTITIES & EXISTING DIMENSIONS. STm SOUTHOLD TOWN ENGINEERING DEPARTMENT PECONIC LANE PECONIC. N. Y.