HomeMy WebLinkAboutRoads in Shorecrest Subdivision
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JUDITHT. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFf1CER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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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,
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Judith T. Terry
Southold Town Clerk
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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,
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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
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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
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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
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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
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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:
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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,
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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.
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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-
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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, .,.-
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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,
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Judith T. Terry
Southold Town Clerk
Enclosures
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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
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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.
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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.
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.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:
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~~a"":;'lao.o~~
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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.
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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.
",'~
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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"-
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Fri~ary location
of ;o~ts ,1M
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.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
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ANNUAl STATEHtNT fOR THE YEAR 1993 Of THE !Utional :"'-:-er"ican lnsurance C~any
LIABILITIES, SURPLUS A:'>D OTHER FUNDS
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ANNUAL STATEHEHT FOR THE YEAR 1993 OF THE National ~rlcan fnsurance: CCJn;lany.
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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.&...............................
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1.1ls~Is...iti..lflll.;! 'fnm"f)
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JUll~t SI:tI1M'J
~Ui IMSVIl'1IukfonMals
11 Uy tf-flhlry .
,- ... 'M:.u.u.n.<.,;;t~y
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cmc::.t SEAL
l.Om=.AiNE s.. lOY
!"~~!-"'.Ib1oC~~
'-nc:~~
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.
.
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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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.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
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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
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.
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
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.
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.
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.
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
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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
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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
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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.
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(~)
. ..' . . . 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
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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
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1-12.EC5.4
~
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.
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
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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
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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
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( ) -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
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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
~
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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
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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
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.
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
.
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NEW 4' 0 PRECAST CONCRETE
MANHOLE Wi CAST IRON FRAME
& SOLID COVER. (TYP. of 2)
-
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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
~.
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.
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
""
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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
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~
"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~
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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'
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llill AlIOlr 1f"96 ulldlt~
Ho~'bfna
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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'
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tl4cytt"frllnrt.
.' ... =<rau-nk.:J:aiv
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cmc:.:.t.~4J.
'-Oi;?.AiNE S. lOY
!.;.:~~. "".lbhc o;.;.;.~.a
'-'=0 C=ly
""c-...--~":7'"
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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$1 ..m.................. on
I. IIIIIls (1m 1
2. SIKh:
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LIABILITIES, SURPLUS A:'\D OTHER FUNDS
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.
.
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS,
that we
IH~re insert full n.me .nd .ddress or leg.i tille of Contr.ctor)
as Principal, hereinafter called the Principal, and
(Here insert full n.me .nd ii1ddress or leg.1 litle of Surety)
a corporation duly organized under the laws of the State of
as Surety, hereinafter called the Surety, are held and firmly bound unto
{Here insert full nilme and .JIddren or legal tille of Owner)
as Obligee, hereinafter called the Obligee, in the sum of
Dollars ($ ),
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 $~cnc'c:-ds of the CCS~
Livin!J Ccuncil in establisning: w~9c: c.ne prj.::~s. The pr~visicil
shell cC'/i~c the rccipic;.t thc~ SUCrTll::'Slcn of c Sid or ofFer or the
, . If.. 'f d
svcmlttc 0 en InVOIce or vcuc..,er or pro;:e:"~y I gee :;, or
sC:"\lic~:: Fur:1ishc-: L;nc~r c c=r.trc::~ or C:=:'"CC:7:e:lt with the Grc:-:tee
shell c.::r,,:::itutc C c!!:"tjficcticn by him that Cf':"lounts to be :laid
do not exc~~d mcximum cllowable levels cuthori~ed by the C~s.~
of Living Ccuncif rC9ulc~jons or standcrds.. Violations snell be
repar~ed to the Grontar AGency end the /oc::1 Infernal Revenue
Service fi~lrl ",rfice.
SUBDIVI stON RECONSTRUCT I ONUj-RESTORAT I ON
K - 6
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D C '. r , - t . n. _M' 0' ~ 1.-0 C"
. :;:ntrCC~$ 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
.......
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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
~
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(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
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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
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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
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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
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\ ,.,
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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
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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
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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
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.
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
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.
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
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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
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.
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
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(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
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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
.--.- '--..-
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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
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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
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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
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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 -
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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
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1. 03
1. 04
1. 05
1. 06
1.07
A.
A.
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.
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
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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
.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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LIABILITIES,
SURPLUS AND OTHER FUNDS
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II.
10lAlS (h't 1. Hf"'ll)
...................................................................,...............,........................
llUAlLS or 1IR1TE--JHS AOO/I(O~lED AT HEH JO rOR UAmTIIU
1001.
1001.
100J.
~OO4.
~oo~.
~Otl.
"u"y,! fnr ''''rlny''' '"ntllh ...........................................................................,.................,............
n..t IIIt.rohrs ........................................................................................................................,
.........................................................................,..................................,...........................
......................................................
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s_,'y 01 ''1",.1",,,, ..,lte-I.., fOT n.. ~O ITn" "''Idl,... 1"''1 ........................................,.................................
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10111" Ill..' ~nnl th. ~OO, 1'1." ln~., (l'.,- J. II.. Inl .....
..........................................
IIE1AIlS or IIIlIrHHS AWIGAnO Af I1[H n rOI ~'(CIAl SlftlrlUS rUHIIS
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......................................................,.......................
OWIlS or lo'IutHIIS AOGUGAtED AT mK Z3C fOR OIHER THAN SPECIAl SlJRPlUS ,unos
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lcn. 101M' fHu. U(OI lh... UC(lS rlu1 UC9.AJ (r.g! l. II~.. lJq
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lot,U8,7(14
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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
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.
.
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
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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
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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
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.
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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STa~lT OF NO~-COLLUSION
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(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
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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
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(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
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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
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THE AMERICAN INSTITUTE OF ARCHITECTS
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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
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(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_.
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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
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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
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.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
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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.
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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
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WARNING: Unllcenaed phAIC:._..,'tng vtotetee u.s. copyright '.we and Ia IUbIect to IerpI ptUMCUUon.
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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
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WARNING: Un/_ _pylng vto.....Us. _ I_and 10 oubjoct ID Iogol_.
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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.
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(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.
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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
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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
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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.
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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
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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
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(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
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(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
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(4)
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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)
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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:
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SUBDIVISION RECONSTRUCTION / RESTORATION
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.,_. . ( ". , '-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
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1-12.E05.4
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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 --
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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
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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
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(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 $tc~e Confrcc~ clcu~es prcmul:;:=~ed by the Gcver:1c:-
on Se~lember 12, 1963 end emenced November 14, 1963.
Lebar classiFications not appearing on the acc::::mpcnying schedule of 'N'Cges c=n be used onlv
with the consent of the deportment of jurisdiction ond then the rete to be peid will be give~
by the de;x:rtment of jurisdiction efter being odvised by the New York Stete Deoortment of
'lobor. ,
Tne centrod::r sheIr meke ,ucn provision for discbilily benefits, workmen's compen'clicn,
une:nployment insurence, sociel sec:.uity end ,efety c::d" provisiens es ere re~"ired by lew.
SUBDIVISION RECONSTRUCTION / RESTORATION
K - 9
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I R I' N 1 . ,. 'h ".. C " f '-' __ .
Gencrc." C"SU chen o. , os l~ue~ =y, e _,c,e omml$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
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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
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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
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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
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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
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WILD
CHERRY
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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.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
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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.
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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.
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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,
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.
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
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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
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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
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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)
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(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
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.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.
$;0'::::': Nt..'m::c:"
Title
leo
i;40-9"2.5 -204?
E:;:.;el "m"loyme"t epportunity
employer ir.formction report.
~
SUBDIVISION RECONSTRUCTIONI'RESTORATION
K - 5
1-12.EC5.4
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.
PRCCUREMENT ST":'NO;,WS
A. All C=ntrcds end Subsr=nrs for c=ns~ruc~icn cr repeir shell
. I ' .. r'.. ... C . 'IIA. .
Inc.uce c pr:::VI!ICn ,er c:mp11cnc:: Wl:n ,;,e =pe!cna .-..nfl-
. 1.. 'II A, (1.... I! c:: C ....-" "" C
KIC:< :0'::::<: .-.c~ c 1....._. . c/....; :::~ sU~:=le:7le~.ie':: In "~::=:"~::-.e=-:.t
0; Leber Re;ulcticns (:9 C:=~, Pert 3). This Act' ?rovices ~!-:c~
e-::::h C:::1trcc~cr or SubS:-=:"'lt~e ~;"cll be ?ro;"joi~ec fr:m incu:::r.SI
by any me::ns, cr:y pe:"'$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
.
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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
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(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
"""-
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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
.......
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.
.
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
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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
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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
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1. 03
1. 04
1. 05
1. 06
1. 07
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A.
A.
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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
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EXISTING
CATCH BASIN
& HEADWALL
EXISTING
RECHARGE
BASIN
EXISTING
CHAIN LINK
FENCE
.
NEW 18" 0
DRAINAGE PIPE
EXISTING
CATCH BASINS
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NEW 4' 0 PRECAST CONCRETE
MANHOLE Wi CAST IRON FRAME
& SOLID COVER. (TYP. of 2)
PARK
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PLAYGROUND
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S C HEM A TIC
SUFFOLK COUNTY TAX MAP #
SECTION 52
BLOCK 03
LOT II @
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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.