Loading...
HomeMy WebLinkAboutDemolition of Greenport Buildings - Manor Grove· Complet~ items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pitnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ar[Icle Addressed to: 2. Article Number I PS Form 3811, February 2004 ~y ( Printed Name) D. is delivef,j address different ~3m item 1 ? Yes If YES, enter delivery address below: [] No Se~lce Type [] Insured Mail [] Ex~ M~It [] Return Receipt f~;taemhand[se [] C.O.D. ~yes 7009 0820 0001 7820 8860 Domestic Return Receipt 1025i~3~J1-1540 Postmark Here · Complete Items 1, 2, and 3. Also complete ~tem 4 if Restricted Dellve~j is desired. · Pdnt your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to' 2. Aracle Num~- (rransfer from sen,~e/abe0 PS Form 3811, February 2004 [] Agent [] Addressee 'PrintsdName) C. Date of Delivery n Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rest~tct~ Dellve~j? ~ Fee) [] Ye~ 7009 0820 0001 7820 8846 ~om~ Pmmm p~ m Postage Certified Fee Restricted Delivm Total Postage & Fees · Complete Items 1,2, and 3. AJso complete Item 4 if Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permEs. 1. Article Addressed to: ~ address different from item 17 If YES, enter delivery address below: ~ ~ Ma~l F1 Registered f-i Insured M~ 2. At,cie Number = PS Form 3811, February 2004 [] ~ M~ii [] Retum Receipt for Merchandise [] C.O.D. 4. Resbtcted ~ Fee) [] Yes 7009 0820 0001 7820 8853 Do~e~ti~ Return Re(~t · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the Pack of the mailpiece, or on the front if spane permits. 1. A~c~e Addressed to: ; 2. ~Number ~ PS Form 381 1, FebruanJ 2004 [] ~gent X D Addressee 3. Se~lce Type ~icte~d~l D Expmss Mail r'l Insured Mail [] C.O.D. 4. Restdctecl Deliver,/? (E,x~a Fee) [] yes i 7009 0820 0001 7820 8860 i Domestic Return Receipt 102595-02-M-1540 ~ · Complete Items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can ratum the card to you. · Attach this card to the Pack of the maJlpiece, or on the front if space permEs. A. Sign~.e [] Agent X [] Addressee B. Receivad by(Pr~nt~dNarne) C. Date of Delivery D. Isdstive~yaddressdiffem~fmmlteml? EYes If YES, enter delivery address below: [] No 3. See/Ice 'type [] Registered I-I Re~um Recelpt for Merchandise [] Insured Mail [] C.O.D. 4. Re~u~,u6=,?, Dellve f y? (Exba Fes) r-lyes 7009 0820 0001 7820 8853 i PS Form 3811, February 2004 Domestic Retum Receipt I · Print your name and address on the reverse I · Attsoh this ca~'d to the bsok of the mailpiece, X o .~ee.~ [] ~Ad~dr~ B. ReceNed by (/:~hted~) lC. Dafl~ et Delivery I D. Isde~addressd~fferentfmmlternl? []Yes [] Registered [] Retum Receipt for Merchandis~ [] Insured Mail [] C.O.D. 4. Rest~cted D~Neq,? (Extra Fee) DYes 2. Article Number 7009 0820 0001 7820 6846 PS Form 3811, February 2004 Domestic Return Recaipt 102595~2-M-1540 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 15, 2012 Donald Gatz Gatz Landscaping Inc 6477 Sound Avenue P.O. Box 104 Mattituck, NY 11952 Dear Mr Gatz: Congratulations. At the Special Town Board meeting held on October 12, 2012, the Town Board accepted the bid of Gatz Landscaping, Inc. for the demolition of the Manor Grove property. A certified copy of the resolution is enclosed. The bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 15, 2012 Scott R. Albrecht Albrecht Land Construction Inc 5665 Main Road Mattituck, NY 11952 Dear Mr. Albrecht: At the Special Town Board meeting held on October 12, 2012, the Town Board accepted the bid of Gatz Landscaping, Inc. for the demolition of the Manor Grove property. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fsx (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 15, 2012 Perry W. DeLalio, Jr South Fork Asphalt Inc 224A North Main Street Southampton, NY 11968 Dear Mr. DeLalio, Jr.: At the Special Town Board meeting held on October 12, 2012, the Town Board accepted the bid of Gatz Landscaping, Inc. for the demolition of the Manor Grove property. A certified copy of the resolution is enclosed. Your bid deposit is being retumed to you. Thank you for your bid. Very truly yours, Lynda M Rudder Deputy Town Clerk Ens. Southold Town Board - Letter Board Meeting of October 12, 2012 .~ RESOLUTION 2012-772 ltem# 2.1 ADOPTED DOC ID: 8197 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-772 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 12, 2012: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gatz Landscaping in the amount of $49,899.00 for the demolition of the building of Manor Grove property and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Gatz Landscaping for same, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William Ruland, Councilman AYES: William Ruland, Jill Doherty, Albert Kmpski Jr., Scott Russell ABSENT: Christopher Talbot, Louisa P. Evans Generated October 15, 2012 Page 2 RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Gatz Landscaping in the amount of $49,899.00 for the demolition of the building of Manor Grove property and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Gatz Landscaping for same, subject to the approval of the Town Attomey. ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Three (3) bids received Gatz Landscaping 6477 Sound Avenue PO Box 104 Mattituck, NY 11952 A. L. C. I. 5665 Main Road Mattituck, NY 11952 DeLalio South Fork Asphalt 224 N Main Street Southampton, NY 11968 BID OPENING 2012 Demolition of Manor Grove Property Bid Opening I0/11/12 10:00 A.M. $49,899.00 $56,000.00 $28,325.00 VENDOR NAME: (.~ q~ ~-- VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. ~ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: [ \ q..ot.,, OR SOCIAL SECURITY #: DATE OF ORGANIZATION: '°t ~ IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: ~-2°,~ '~ LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAlL BID TO: VENDOR NAME: ADD.SS: CONTACT: ONLY if different - MAlL PURCHASE ORDER TO: ADDRESS: TELEPHONE: CONTACT: FAX: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ~__D'o, ~'i 'L... Q_..<:~,~c~ ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: i'd ~ ~ If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid ~ Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SH~R. /,,~¢~q ORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: ~1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the~presentations made in this affidavit. The person si~°,.n'i'l~gdtz~71~:I:r[d, under the penalties of perjury, affirms the truth thereof. Positio. SWORN TO ME *.,S J Type Name & Company Position Company Name Da~e Signed' Federal i.D. Number NOTARY PUBLIC-STATE OF NEW YORK No. 01P06046687 Qualified In Suffolk County .· My Commission Exp#ei Augglt 14, 20 l.~_ Proposal Package 6 of 9 THE PROPOSAL FORM Demolition of Manor Grove Property TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY Lump Sum Proposal for: Town of Southold ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID NO. (Fill in Unit Price Written in Words) QUANTITY 1 Demolition of Manor Grove Property I LS for ~.all~.~_ e.~.l'~ l.e,-o ~,~t. ILS Dollars Cents 1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property and the removal of all trash and debris either located on the parcel or generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and all disturbed areas shall be restored with 6" of topsoil and grass seed mix as per the project Specifications. The items to be demolished include but are not limited to the following: - Removal and disposal of a two-story wood frame single family structure (980 square feet), with padial basement. - Removal and disposal of a wood frame barn (1,200 square feet), with no basement. - Removal and disposal of a wood frame two-story garage (1,360 square feet), with no basement. - Removal and disposal of a small wooden building between the garage and barn. - Removal and disposal of a 275~Jallon fuel oil tank in the basement of the single family residence - Removal and disposal of a 275-gallon fuel oil tank in the barn. - Removal and disposal of a 550-gallon fuel oil tank located in the overgrowth area south of the garage building. - Removal and disposal of a frame building, pergola and surrounding concrete. The concrete slab must be saw cut, as necessary, prior to removal to prevent damage to the adjoining state road (SR 25) - Removal and disposal of the metal & wood sign located southwest of the frame building and pergola. The metal sign supports must be excavated by hand and cut a minimum of 1' below existing grade. All excavated areas must be restored to grade with clean fill. ~ Decommissioning of the on*site water supply well located in the front of the residence. - Location and decommisioning of the on-site water supply well located between the residence and the garage. - Removal and disposal of all discarded farm equipment and miscellaneous and assorted debris in and around ali structures. - Any and all other minor items that may become apparent during demolition but are not specifically referenced above. No extra charges above the lump sum price bid shall be approved or paid untess the Contractor seeks and receives approval from the Engineer prior to pen~orming the work. 2. All costs associated with mark-out, earthwork, demolition, fill, compaction, restoration, carting fees, safety equipment, all labor materials, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or a directed by the Engineer shall be included in the price bid for this Item 3. The Contractor must adhere to the condibens of PERMITS and is responsible for all coordination with NYSDEC. SCDHS and any other involved agencies. Dollars Cents Numerically WRITTEN IN WORDS PROPOSALFORM AUTHORIZED SIGNATURE DATE / O)(O~ ~ ~k\'~ ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ~ g7 Co\kc.-, ) ss.: On the q38x day of C)c--3~XOe.f-- in the year 2010 before me, the undersigned, personally appeared, \~\c~x ~-k-t_. , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. STACIE POLLIO NOTARY PUBLiC-STATE OF NEW YORK No. 01PO6046587 Quallfl®cl In Suffolk County My Comml~lon E~plfe~l ,,~gult 14, 20,.~ Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: ~'~,~, '~ \ ~X- FIRM NAME: C_~.~ PR~CIPAL OFFICE: A Corporation ~ A Partnership or Entity An Individual PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? You normally perform what percent of the work with your own forces? List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? ~'4 3. If so, note where and why. 4. Are there any claims, judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. ],4 ~ QS-I 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. ]',J ~ 6. List the major construction projects your organization has underway at this date: Name off Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone # Telephone # Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Project Name Name off Engineer/ Work Done Owner Architect Contract Date of With Own Forces Telephone # Telephone# Amount Completion % of Work 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Individual's Name Present Type of Work Position Years of For Which Of Office Experience Responsible In What Capacity 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and, complete the work within the Contract Time? ~-~.~..~ 10. Bank References: 11. Trade Association M'embership: ~ c._~.~ \~k~i ~ ~.~c.~-\ \~ 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations? If yes, when? What was the outcome of the investigatio~.~ ~.~ ~ xc:N~ '~.~t~-'~'~r '~-~-~,.~ QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. ~ STATEOF IO~,.,o ~'-~,~tV---- ) COUNTY OF ~ ~Ox'~<--- ) the answers~atements therein contained are ( S i~u r e~jj~j~on who signed bid) ~/~m to before me this q)nl dayof Oc~, 201~x Notary Public Commission Expiration Date: being duly sworn deposes and says that he is contractor and that true and correct. STACIE POLLIO NOTARY PUBLIC-STATE OF NEW YORK No. 01 PO6046667 Quollfl®d ~n Suffolk County QS-4 REYNOLDS, CARONIA, GIANELLI & LA PINTA, L.L.P. OF COUNSEL: JOHN J,J. JONE~S Re: Gatz Landseanin~. Inc. July12,2012 To Whom [t May Concern: Please be advised that I am the attorney for Gatz Lundscaphag, Inc. I represent the corporation on an eight count indictment, number 00652-2012, pending in Queens Supreme Com't. Under that hadietment the corporation is facing four counts of Offering a False Instmmeut for Filing in the Fixst Degree (PL § 170.35) (counts 1 4), two counts of Offering a False Instrument for Filing ha the Second Degree (PL §170.30) (counts 5-6), and two counts of~Fal~if34ng Business Records ha the Second Degree (PL § 175.05(1)) (counts 7-8). These charges stem from suheontraetor certifications filed by the corporation with the Port Authority that are alleged to have contained false statements. Ill total, there were four separate allegedly false certifications filed b~veen 2008 and the most recent, ha April of 2011. The corporation is alleged to have f~iled to disclose a prior conviction from 2007 as well as its subsequent disqualification from bidding on both New York City School Authority and Parks Department conU'ants. The corporation maintains that any such failure to disclose was inadvertent and unintentional. Pmseutly the corporation has pled not guilty. The case is next on thc Court's calcnd~ on August 14, 2012. On or before that date I will be filing a motion to di~mi~ the Charges against Ctalz Landscaping, Inc., the main points in favor of di,rmlssal being that the evidenc~ presented to the Grand Jury did not sufficiently establish the crimes charged, and flaws I believe existed in the Grand Jury presentation. The Prosecutor will be given an opportunity to ~espond to my motion, and following their opposition we will have to await the Court's deeision~ Should the Court deny my motion to dismiss, the corporation intends to fight these charges at trial. Should you need uny fuaher clarification or have any fin'thor questions about this matter, please do not hesitate to contact me. Thanking you. I'am, V~T truly yours, PAUL GIANELLI Gatz Landscaping, Inc. STATEMENT OF INCOME For The Nine Months Ended September 30, 2012 Income Revenues Total Income Cost of Goods Sold Purchases Wages Subcontracting Job Site Costs Other Costs Total Cost of Goods Sold Gross Profit Operating Expenses Salaries- Officer Management Fees Salaries- Other Auto Expense Bad Debts Depreciation Employee Benefits Insurance Insurance- Health Insurance- Life Interest- Mortgage Legal & Professional Pension Expense Taxes- Payroll Meals & Entertainment Facilities Costs Advertising & Promotion Office Expenses Total Operating Expenses Operating Income (Loss) Provision For Income Tax Federal, State & Local Income Taxes $ 1,410,179 1,410,179 443,910 170,082 30,697 24,652 145,716 815,057 595,122 123,164 28,954 154,599 13,780 1,602 61,048 11,460 50,157 5,308 2,622 14,529 19,235 1,374 42,480 1,401 26,991 2,394 14,963 576,061 19,061 19,061 316,872 335,933 Net Income (Loss) Retained Earnings- Beginning Retained Earnings- Ending Gatz Landscaping, Inc. BALANCE SHEET As of September 30, 2012 ASSETS CURRENT ASSETS Cash In Banks Accounts Receivable Inventory Other Current Assets Total Current Assets PROPERTY AND EQUIPMENT Property & Equipment Less: Accumulated Depreciation Net Property and Equipment TOTAL ASSETS $ 101,373 367,047 60,000 50O 528,920 1,355,392 (745,919) 609,473 $ 1,138,393 LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts Payable $ 110,296 Notes Payable- Current Portion 230,036 Taxes Payable 705 Total Current Liabiities LONG TERM DEBT Long Term Debt (See Notes) Total Lfabilifles NET ASSETS Capital Stock & Paid In Capital Retained Earnings Total Net Assets STOCKHOLDERS' EQUITY 341,037 391,423 732,460 70,000 335,933 405,933 $ 1,138,393 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No. 10052012 KNOW ALL MEN BY THESE PRESENTS, that we Gatz Landscaping, Inc. 6477 Sound Ave. Mattituck, NY 11952 Principal, hereinafter called the Principal, and RLI Insurance Company 9025 N. Lindbergh Dr. Peoria, II 61612 A corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Main Street Southold, NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Total Amount of Bid 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 Demolition of ManorGrove Property- Removal of Existing Building, Restoration of Topsoil & Seed NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms, of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perfor~E[~Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect~ J Signed and se aled th~..~/ Day of O cto be r 2012 //~/ Gatz Landscaping, Inc. / ~.,~ r (Principal) ... (Seal) RLI Inaurance Comp!thy--~ V~tness (Title) Matthew"~Nilkoff J Attorney-In-Fact Printed in cooperation with the American Institute of Architects (AIA) The language in this document conforms exactly to the language used in AiA document A3 I0, February 1970 ED.. RLI Insurance Company 9025 N. Lindbergh Drive Peoria, IL 61612 October 5,, 2012 Town of Southold 53095 Main Street Southold, NY 11971 Re: Principal: Gatz Landscaping, Inc. Project: Demolition of Manor Grove Property- Removal of Existing Building, Restoration of Topsoil & Seed Dear Sirs, We understand that Gatz Landscaping, Inc. is in current negotiations with you for construction of the above referenced project. At the request of Gatz Landscaping, Inc. we are advising you that should they make application and request for performance and payment bonds for said project, Surety Insurance Company will provide favorable consideration to final bonds, contingent upon normal underwriting standards and our reasonable review of the following: 1. Satisfactory evidence to surety, from owner, of adequate financing of the captioned project. 2. Review by surety of the final contract documents including bond forms. 3. Contractor Warrantee shall not exceed two (2) years from completion and acceptance except for special warranties that may be provided directly to Town of Southold from a specific manufacturer. You understand, of course, any arrangement for final bond or bonds is a matter between Gatz Landscaping, Inc. and ourselves and we assume no liability to third parties or to you if for any reason we do not execute said bond or bonds. Very truly yours, RLI Insurance Company Matthew Wilkoff, Attorney-In-Fact State of County of On the Individual Acknowledgment day of ,20 , before me personally appeared to me known and known to me to be the person described in and who executed the foregoing instrument and __he thereupon acknowledged to me that he executed the same. Notary Public State of County of. On the Parmership/L.L.C. Acknowledgment day of ,20 , before me personally appeared to me known and known to me to be one 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. Notaw Public Corporate Acknowledgment STACIE POLLIO NOTARY PUBLIC-STATE OF NEW YORK NO. 01PO6f146~57 Ouolifle~l In 5uflO~l( County Notary Public Stateof ,x'Nq.s..~ ~**fc,_ County of 55,~ gr~ ~.- On the ~ day of 1~.3co~,~c.r- , 20 ~-I--, before me personally appeared to me known, who being by me duly sworn, did depose and say that he__ is the the corporation described in and which executed the foregoing instrument; that. he__ knows the seal of said corporation; that the seal affixed to said instntment is such corporate seal; that it was so affixed by order of the board of directors of said corporation; and that he signed his/her name thereto by like order. RLI* P..LI Surety P.O, Box 3967 [ Peoria, IL 61612-3967 Phone: (800)645-2402 I Fax: (309)689-2036 www.rlico~p.com POWER OF ATTORNEY RLI Insurance Company Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless atlacbed to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby make, constitute and appoint: Gerald J. Wilkoff. Matthew C. Wilkoff. jointly or severally. in the City of Mineola . State of New York its hue and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regalarly elected officers of this Company. Thc RLI Insurance Company further certifies that the following is a txue and exact copy of the Resolution adopted by thc Board of Directors of RLl Insurance Company, and now in force to-wit: "AH bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other: officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 28th day of June , 2012 . State of Illinois ~ SS County of Peoria On this 28th day of June . 2012 . before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he sig~ed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Jacqu~ ,,-_~_v~..;....yo~,,,, RLI Insurance Company ~-'.~.~. · CERTI~CATE I, ~e ~demi~ed officer of ~I ln*urance Company, a stock co~orafion of ~e State of Illinois, do hereby ceffi~ ~m ~e a~ached Power of A~mey is ~ ~11 rome ~d effect ~d is ~evocable; ~d ~emore, ~at ~e Resolution of ~e Comfy as set fo~ in &e Power of A~omey, is now in rome. In testimony whereof, I have bem~ set my h~d ~,~ scarf ~e, ~I ~nsurunce Company · is ~ . ~y of U~ Notary Public Vice President RLI Insurance Company Roy C. D~ / '- Vice President 3120357020212 ~ A0059411 ACKNOWLEDGEMENT OF SURETY State of New York } County of Nassau } SS. On this 5th day of October, 2012, before me, a Notary Public in and for said County, personally appeared Matthew Wilkoff personally known to me, who being by me duly sworn, did say that he/she is the aforesaid attorney-in-fact of the RLI INSURANCE COMPANY of Peoria, Illinois, a corporation duly organized and existing under the laws of the State of Illinois, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the execution thereof to be a voluntary act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed by official seal the day and year last above written. DIANE P. ALESCI NOTARY PUBLIC, State of New York No. 01AL6182545 Certificate Filed in Suffolk County Commission Expires March 24, 2016 RLr RLllnsuranceCompany RLI Insurance Company P.O. Box 3967 Peoria IL 61612-3967 Phone: 309-692-1000 Fax: 309-683-1610 December 31,2011 Admitted Assets Investments: Fixed maludties ............................... $ 360,216,858 Equity securities .............................. 895,451,357 Short*term investmenls ........................ 5,619,569 Real estate ..................................... 6,347,944 Properties held to produce income ................... 2,370,000 Cash on hand and on deposit ....................... 46,224,821 Other invested assets ............................. 1,000,000 Agents' balances ................................. 80,037,275 Inves men income due and accrtJed. ................. 3,911,355 Liabilities and Surplus Liabilities: Reserve for unpaid losses and loss adjustment expenses ........................ $ 410,043,247 Unearned premiums ........................... 172.157.665 Accrued expenses ............................ 45,835,713 Funds held .................................. 2,189,332 Advance premiums ............................ 4,294,057 Amounts withheld ............................. 105,042,923 Ceded reinsurance premium payable ............. 12,999.256 Payable for securities ......................... 0 Sta{ufory pana~ties ............................ 661,00~ Current foderal & foreign income taxes ............ 2,121,976 Federal income tax payable ..................... 0 Torts Liabilities .................................. $ 756~96~,529 Common stock ............................... $ 10.000,375 Additional paid-in capital ....................... 242,451,084 Unessigned surplus ........................... 457,734~399 State of Illinois '~ Total Surplus $ 710,185,858 County of Peoria.~ Total Liabilities and Surplus $ 1,467,155~387 The undersigned, being duly sworn, says: That he is the President of RLI Insurance Company; that said Company is a corporation duly organized, in the State of Illinois, and licensed and engaged in business in the State of New yprk and has duly complied with all the requirements of lhe laws of said State applicable of said Company and is duly qualified to act as Surety under such laws; that said Company has also complied with and is duly qualified to act as Surety under the Act of Congress approved July 1947, 6U.S.C sec. 6-13; and that to the best of his knowledge and belief the above statement is a full, true, and correct statement of the financial condition of the said Company on the 31st day of December 2011. Attest: ...,,~.~ ......... .. it,,,;--... ..,..;,,,,..,,,.~,,,. Corporate Seal Affixed Sworn to before me this 28th day of February, .,01z. ~ffi~ed Michael J.'Stone I ~_ President Cynthia S. Dohm~'~J~'(~/''~ ~-'~ Assistant Secretary .,acqu i~ M. BockleJ' Notary Public, State of Illinois M0058212 CERTIFICATE OF LIABILITY INSURANCE 10/1=2012 THIS CERTIFICATE IS ISSUED AS A MA'II'ER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. =ROOUCER Phone; (§31)298-4700 Fax: (631)298-3850 ~AO~[ACT Roy H Reeve Agency, Inc. ROY H REEVE AGENCY, INC. ~E~;PHO"E (631) 298'4~700 ]~i;Oi~ 6~1-298-3850 MATI'ITUCK NY 11952 GATZ LANDSCAPING INC ~NSU.E. B : National Fire Ins. Co. of Hartford PO BOX 104 ~NSURE"C : Continental Casualty Company MATTITUCK NY 11952 ~.SUaERD: Technology Ins Co COVERAGES CERTIFICATE NUMBER: 45711 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO~NITHSTANDrNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICy ~ - ~ CLA}MS-MADE X :OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: I ; ~ PRO- ~1 POLICY X C i LOC DED ! X !RETENTION $ 10,000, . D Disability Insurance 4026956951 4026956965 4026956979 02126112 02/26112 02/26/13 02./26112 ~ 02/26113 LIMITS , S 5,000 MED. EXP <Any ofle person) ~ GENERAL AGGREGATE I $ 2,000,0010 :P ODUCTB-CO P,O;AGG 2,ODD,ODS TWC3301175 LNY191111 : COMBINED SINGLE LIMIT ;,..~.n,) ~ ~,ooo~ I SOD LY N JURY (Pe person) /~ $ i BODILY INJURY (Per accident) $ i EACH OCCURRENCE $ 5'000,00{] i ~AGGREGATE . $ 5,000,000 01101112 01101/13 ~ORYLIM~TS : EE ! $ ; I E.L. D'SEASE-POLI~ LIMET1i i 1,000,00~ 01101112 01101113 DESCRIPTION OF OPERATIONS I LOCAl10NS I vEHICLES {~ttac~ ACORD 101, Additional Remad($ Sch~lule, if more space:is required) SEE SUPPLEMENTAL CERTIFICATE INFORMATION :ERTIFICATE HOLDER CANCELLATION Town of Southold 53095 Route 25 PO Box 1179 Southold NY 11971 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Thomas A. Dickerson ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD .. SUPPLEMENT TO CERTIFICATE OF LIABILITY INS # 45711 DESCRIPTION OF OPERATIONS, LOCATIONS, VEHICLES Re: Demolition of Manor Grove Property General Liability: Town of Southold is Included as an additional insured with respect to General Liability as per the terms and conditions of form G140331C31 Blanket Additional Insured - Owners, Lessees or Contractors - with Products Completed Operations Coverage as required by written contract. Auto: Town of Southold is included as additional insured on above automobile policy as per the terms and conditions of form G56015B - Business Auto Coverage Form - Additional Insured as required by written contract. Workers Compensation: See C105.2 Disability Benefits: See DB120.1 DATE OCT 12 2012 Certificate # 45711 veruncate oI ~ ¥ ~ Wor~cers' Compensation lnsoxance Coverage Page I of 2 la. Legal Name stud addreu of Insured (Use street address only) STATE OF NEW YORK WORKER'S COMPENSATION BOARD CERTIFICATE OF NYS WORKERS' COMPENSATION INSURANCE COVERAGE Gatz Landscaping, Inc. P. O. Box 104 Mattituck, NY 11952 Work Location of Insured (Only r~quired if cowrage ts sl~c~cally limited to certain I~cation tn N~w York State, l.e. a Wrap-Up Policy) Name and Add.~a oftbe Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) Town of Southold 53095 Route 25 PO Box I 179 Southold, NY 11971 lb. Business Telephone Number of Insured 631-298-8877 lc. NYS Unemployment Insurance Employer Registration Number of Insured Id. Federal Employer Indentiflcatiofl Number of Insured or Social Security Number 112063579 3a. Name of Insurance Carrier Technology Insurance Company Jb. Policy Number of entity listed in box "la": TWC3301175 Policy effective period: 1/1/2012 to I/I/2013 M. The Proprietor, Partner~ or Executive Officers are: [~ included (Only check box if all partners/officers included) [] all excluded or certain partners/officers excluded This certifies that the insurance can-ier indicated above in box "Y' insures the business referenced above in box "la" for workers' compensation under the Now York Stato Workers' Compensation Law. (To use this form, New York (NY) must be listed under Rem 3A on the INFORMATION PAGE of the workers' compensation insurance policy). The Insurance Carrier or its licensed agent will send this Certification of Insurance to the entity listed above as the certificate holder in box "2". The Insurance Carrier will also notify the above certificate holder within 10 days IF a policy is canceled due to nonpayment of premiums or within 30 days IF there are rect~ons other than nonpayment of premiums that cancel the policy or eliminate the insured from the coverage indt'eated on this Certificate (These notices may be sent by regular mail.} Othem~ise, this Certificate is valid for one year after this forrn is approved by the insurance carrier or its Bcensed agent, or until the policy expiration date listed in box "3c", whichever is earlier. Please Note: Upon the cancellation of the workers' compensation policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of Workere' Compensation Coverage or other authorized proof that the business ia complying with the mandatory coverage requirements of the New York State Workers' Compensation Law. Under penalty of perjury, 1 certify that i am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has the coverage as depicted on this form. https://agentswc.amtrustgroul).com/PolicvNYCerfi fi enteC} fVV,q, ~ ~ envgT..4 ~ T~l_--~f ~,~:~: o. T ~ ~t,-., .... uemncate ot'N Y S Workers' Compensation Insurance Coverage Page 2 of 2 Workers' Compensation Law Section 57. Restriction on issue of permits nnd the entering contracts unless compensation is secured. 1. The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in a l,o~_,xtous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured ns provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any compensation to any such employee if so employed. 2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in a hazardous employment defined by this chapter, notwithstanding any genera] or special statute requiring or authorizing any such con~ract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has bean secured as provided by this chapter. C-105.2 (9-07) Reverse https://agentswc.amtmst~a'ouo.corrffPolicvNYCertifieateOfw~ln~ u~n,,tgln,-I~.~r,.l_--.~ ~'~:a:~ o.~' ~ n~, ,-~ t,~,'~, ,~ STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF INSURANCE COVERAGE UNDER THE NYS DISABILITY BENEFITS LAW PART 1. To be completed by Disability Benefits Carrier or Licensed Insurance Agent of that Carrier la. Legal Name and Address of Insured (Use street address only) GATZ LANDSCAPING INC. SOUND AVENUE MATTITUCK, NY 11952 1 b. Business Telephone Number of Insured 631-298-8877 lc. NYS Unemployment Insurance Employer Registration Number of Insured 8573701 I d. Federal Employer Identification Number of Insured or Social Security Number 112063579 2. Name and Address of the Entity Requesting Proof of Coverage (Entity Being Listed as the Certificate Holder) 3a. Name of Insurance Carrier HARTFORD LIFE INSURANCE CO. TOWN OF SOUTHOLD 53095 ROUTE 25 PO BOX 1179 SOUTHOLD NY 11971 3b. Policy Number of entity listed in box "I a": LNY-191111 3c. Policy effective period: 01/01/2012 to 12/31/2013 4. Policy covers: a. [] All of the employer's employees eligible under the New York Disability Benefits Law b. [] Only the following class or classes of the employer's employees: Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has NYS Disability Benefits insurance coverage as described above. Date Signed 10/12/2012 By (Signature of insurance carrier's authorized vepresentativeor NYS Licensedlnsurance Agem of that insurance carrier) Telephone Number (800) 454-7020 Title Manager IMPORTANT: If box "4a" is checked, and this form is signed by the insurance carrier's authorized representativeor NYS Licensed Insurance Agent of that carrier, this certificate is COMPLETE. Mail it directly to the certificate holder. If box "4b" is checked, this certificate is NOT COMPLETE for purposes of Section 220, Su hd. 8 of the Disability Benefits Law. It must be mailed for corn pletion to the Workers' Compensation Board, DB Plans Acceptance Unit, 20 Park Street, Albany, New York 12207. PART2. TobecompletedbyNYSWorkers'CompensationBoard(Onlyifbox"4b"ofPart I has been checked State Of New York Workers' Compensation Board According to information maintained by thc NYS Workers' Compensation Board, the above-named employer has complied with the NYS Disability Benefits Law with respect to all of hisser employees. Date Signed. By (Signature of NYS Workers' Compensation Board Employee) Telephone Number Title Please Note: Only insurance carriers licensed to write NYg disability benefits insurance policies and NYS licensed insurance agents of those insurance carriers are authorized to issue Form DB-120. L Insurance brokers are NOT authorized to issue this form~ DB-120.1 (5-06) Additional Instructions for Form DB- 120.1 By signing this form, the insurance carrier identified in box "3" on this form is certifying that it is insuring the business referenced in box "I a" for disability benefits under the New York State Disability Benefits Law. The Insurance Carrier or its licensed agent will send this Certificate of Insurance to the entity listed as the certificate holder in box "2 ". This Certificate is valid for the earlier o[oneyear after this form is approved by the insurance carrier or its licensed agent, or the policy ~rpiration date listed in box "3c ". Please Note: Upon the cancellation of the disability benefits policy indicated on this form, if the business continues to be named on a permit, license or contract issued by a certificate holder, the business must provide that certificate holder with a new Certificate of NYS Disability Benefits Coverage or other authorized proof that the business is complying with the mandatory coverage requirements of the New York State Disability Benefits Law. DISABILITY BENEFITS LAW §220. Subd. 8 (a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and not withstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance cartier is produced in a form satisfactory to the chair, that the payment of disability benefits for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disability benefits to any such employee if so employed. (b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits for all employees has been secured as provided by this article. DB- 120.1 (5-06) Reverse VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. x~ PARTNERSHIP FEDERAL EMPLOYEE ID #: }1 ~ 3 ~) '7. ~-~t ~3 OR SOCIAL SECURITY #: DATE OF ORGANIZATION: ff 6 ~, iq ~ 0 IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: ~b~/.,/~'~ 00~]~'~.'~J!tC, LI~T PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) INDIVIDUAL LIST OFFICERS AND DIRECTORS: NAME TITtJsE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: E-MAIL: g ~ ~ ~ ~T~h~'~ ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: CONTACT: FAX: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached / I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANC~~Li~;B~uDEJ. Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. ! ~rther attest that: '~. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. t~__~.n signing this bid, under the l~alties of perjury, S~a~re & Position Cornpa~ Type Name & Company Position Date Signed Federal I.D. Number affirms the troth thereof. SwoRN TO BEFORE {)O;[- II DAY OF 20 t"~ ow York No. 4994753 Guatified in Suffolk Coun~ Commission Expires May Proposal Package 6 of 9 TIlE PROPOSAL FORM Demolition of Manor Grove Property The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY Lump Sum Proposal for: Town of Southold ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID NO. (Fill in Unit Price Written in Words) QUANTITY 1 Demolition qf Manor Grove Pro~rly I LS ~,~ Dollars Cents '-- /~ ' ~ 1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the properly and the removal of all trash and debris either located on the parcel or generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and all disturbed areas shall be restored with 6" of topsoil and grass seed mix as per the project Specifications. The items to be demolished include but are not limited to the following: - Removal and disposal of a two-story wood frame single family structure (980 square feet), with partial basement - Removal and disposal of a wood frame barn (1,200 square feet), with no basement. - Removal and disposal of a wood frame two-story garage (1,360 square feet), with no basement. - Removal and disposal of a small wooden building between the garage and barn. - Removal and disposal of a 275-gallon fuel oil tank in the basement of the single family residence - Removal and disposal of a 275-gallon fuel oil tank in the barn - Removal and disposal ora 550-gallen fuel oil tank located in the overgrowth area south of the garage building. - Removal and disposal of a frame building, pergola and surrounding concrete. The concrete slab must be saw cut, as necessary, prior to removal to prevent damage to the adjoining state road (SR 25). - Removal and disposal of the metal & wood sign located southwest of the frame building and pergola. The metal sign supports must be excavated by hand and cut a minimum of 1' below existing grade. All excavated areas must be restored to grade with clean fill. - Decommissioning of the on-site water supply well located in the front of the residence. - Location and decommisioning of the on-site water supply well located be[ween the residence and the garage. - Removal and disposal of all discarded farm equipment and miscellaneous and assorted debds in and around all structures. - Any and all other minor items that may become apparent during demolition but are not specifically referenced above. No extra charges above the lump sum price bid shall be approved or paid unless the Contractor seeks and receives approval from the Engineer pdor to performing the work. 2. All costs associated with mark-out, earthwork, demolition, fill, compaction, restoration, carting fees, safety equipment, all labor materials, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Engineer shall be included in the price bid for this Item. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination with NYSDEC, SCDHS and any other involved agencies. TOTAL l ¢Tf IX r l V4A / O0 Dollars Cents Numerically WRITTEN IN WORDS PROPOSAL FORM AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SS.: On the __.day of in the year 2010 before me, the undersigned, personally appeared, ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY': FIRM NAME: PRINCIPAL OFFICE: A Corporation A Partnership or Entity An Individual PRINCIPAL OFFICERS: TITLE NAME ADDRESS BACKGROUND PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? __ why. · If so, note where and 4. Are there any claims, judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. Project Name List the major construction projects your organization has underway at this date: Name off Engineer/ Owner Architect Contract Percent Scheduled Telephone # Telephone # Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone # Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Individual's Name Present Type of Work Position Years of For Which In What Of Office Experience Responsible Capacity 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations? If yes, when? What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this Notary Public Commission Expiration Date: day of ,2010 QS-4 VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. W/ PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: //---'_~ OR SOCIAL SECURITY #: DATE OF ORGANIZATION: Iqqo IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: .~-.~ l~od~: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 MAlL BID TO: VENDORNAME: ADDRESS RECORD FORM CONTACT: ""~,~ TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: CONTACT: FAX: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: CONTACT: FAX: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: .~.,~'~ ~,~[c ,J~i:~,~ ~'.-~ ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHA~IeL DISQUALIFY BIDDER. t~ A)JTHORIZED ~IGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any finn or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. Th/~on%~d, under the penalties of perj ury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature & Company Position ~ m ,.'~k,l~gl.~ i~'"0-. '~, ] O DAY OF Type Na ,-----------------[~ & Company Position Company Name Date Signed Federal I.D. Number NOTARY PUBLIC Proposal Package 6 of 9 THE PROPOSAL FORM Demolition of Manor Grove Property VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: (.~ FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY Lump Sum Proposal for: Town of Southold ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID NO. (Fill in Unit Price Written in Words) QUANTITY I Demolition of Manor Grove Property 1 LS Dollars Cents 1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the property and the removal of all trash and debris either located on the parcel or generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and all disturbed areas shall be restored with 6" of topsoil and grass seed mix as per the project Specifications The items to be demolished include but are not limited to the following: - Removal and disposal of a two-story wood frame single family structure (980 square feet), with partial basement. - Removal and disposal of a wood frame barn (1,200 square feet), with no basement. - Removal and disposal of a wood frame two-story garage (1,360 square feet), with no basement. - Removal and disposal of a small wooden building between the garage and barn. - Removal and disposal of a 275-gallon fuel oil tank in the basement of the single family residence - Removal and disposal of a 275-gallon fuel oil tank in the barn. - Removal and disposal of a 550-gallon fuel oil tank located in the overgrowth area south of the garage building. - Removal and disposal of a frame building, pergola and surrounding concrete. The concrete slab must be saw cut, as necessary, prior to removal to prevent damage to the adjoining state road (SR 25). - Removal and disposal of the metal & wood sign located southwest of the frame building and pergola. The metal sign supports must be excavated by hand and cut a minimum of 1' below existing grade. All excavated areas must be restored to grade with clean fill. - Decommissioning of the on-site water supply well located in the front of the residence. - Location and decommisioning of the on-site water supply well located between the residence and the garage. - Removal and disposal of all discarded farm equipment and miscellaneous and assorted debris in and around all structures - Any and all other minor items that may become apparent during demolition but are not specifically referenced above. No extra charges above the lump sum price bid shall be approved or paid unless the Contractor seeks and receives approval from the Engineer prior to performing the work 2. All costs associated with mark-out, earthwork, demolition, fill, compaction, restoration, carting fees, safety equipment, all labor materials, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Engineer shall be included in the price bid for this Item. 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordinafion with NYSDEC, SCDHS and any other involved agencies. Dollars Cents Numerically WRITTEN IN WORDS PROPOSAL FORM AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ~r.~r' ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF .~'~[~: ) ss.: On the lO ~kday of Oc, vok~ in the year 201~,before me, the undersigned, personally appeared, ~ ~0. ~ ~ , personally known to me or proved to me on the basis of satisfactory evic~nce to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Cynthia Btmch Netary Public State of NY No. 0'1-BU6033778 ~ualmed in S~ffolk County Term Explre~ 12~0~; t~_ Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: ~.~t ~ a~,?ka~v '~"~c~ FIRM NAME: (A~orporation~ A Partnership or Entity An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: TITLE NAME ADDRESS BACKGROUND PROFESSION/TRADE I. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? rio % List trades that you organization normally p. erforms below: 3. Have you ever failed to complete any work awarded to you? }3 o. If so, note where and why. 4. Are there any claims, judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. QS-I 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. IxdO 6. List the major construction projects your organization has underway at this date: Name of.' Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone # Telephone # Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name off Engineer/ Project Owner Architect Contract Date of Name Telephone # Telepbone# Amount Completion Work Done With Own Fomes % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Individual's Name Present Type of Work Position Years of For Which In What Of Office Experience Responsible Capacity Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: Al3 - Ot-, ,c 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations? If yes, when? What was the outcome of the investigation? ~I- ~'N] 0 QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF $~'~trpP0~,l~. . ) COUNTY OF ) ~[0,'t~a~so ~'~- being duly sworn deposes and says that he is the ~ ~ts~ld~ta~ of ~.nt~,l~m~.~ contractor and that answers to the foregoing questions and ' ' all statements there~n contained are true and correct. Sworn to before me this /0 Notary Public Commission Expiration Date: day of~ Cynthia Bunch Notary Public State of NY No. 01-BU6033778 Qualified in Suffolk Cou0_~ Term Expires 12/06/J~.~ QS-4 F F F F F Financial Statements For the Year Ended December 3 I, 2010 INDEPENDENT ACCOUNTANTS' REVIEW REPORT FINANCIAL STATEMENTS Balance Sheet Stalement of Income and Retained Earnings S~alement of Cnsh Flows Slalemant of Status of Canl{'acts Noles to Fiann¢inl Siatements DELALIO COAL & STONE CO., INC. TABLE OF CONTENTS INDEPENDENT ACCOUNTS' REVIEW REPORT To thc Stockholder of DeLalio Coil & Stone Co., Inc. Southampton, New York We bare reviewed the accompanying balance sheet of DeLalio Coal & Stone Co,, Inc. (alt S-corporatioa) as of December 3 t, 2010, . and tile related statements of iucomc and retained earnings, cash flmvs, and status of contract~; for the year then ended. A review includes primarily applying analytical procedures to managemcnt's financial data and making inquiries of Company management. A review is sabstantially less in scope than an audit, the objective of which is the expression of an opinion regarding the financial stalcmenls as a whole. Accordingly, we do not express such an opinion. Management is responsible for thc preparation and Ihir presentatioa of the financial statements in accordance with accouating principles geuemlly accepted in tile United States of America and Iht designing, implementing, and maintaining internal control relevant to the preparafion and fair presentation of the financial statements. Our responsibility is to conduct the review in accordance with Statements on Standards Ibr Accounting and Review Sen'ices issued by rite American Institute of Cerlified Public Accountants. Those standards require us Io pcrlbrm procedures to obtaiu limited assurance that there are no material modifications that should be uiade to the finm~ial staten~nls. We believe that the resuhs of our procedm'es provide a reasonable basis for our reporL Based.on our review, we are not aware of ally material modifications Ihal should tlc made to the accompanying financial statements in order for thent to be in confocmity with accoantilg principles generally accepted in the United States of America Markowitz, Fenelon & Bank, LLP Soutbamptml, New York February 28, 2011 DELALIO COAL & STONE CO., INC. Balanco Sheet Decombcr 31, 2010 ASSETS Current Assets Cash Accoums mcoivabln - net lnvcotov/ Costs and esfimalnd camings in cxc~ of' billings on uncomplc~,d contracts Dcposits Insumnco rcf.und ~coivable £mploycc loan n:ccivablc Prepaid expenses Duc f'mm ~elatcd party - current Tolal cun~em as~Is Fi~ed Asscts Lcascl~old improvements Vehicles and trailers Equipmcnt Less: accumulated depreciation Nm fixed assets Other Assels Due from rolatcd pan'y - long term portion Total assels Sec accompanying notes and independent accoumants' review repro1. $ 371,490 338,414 $7,559 6,801 36,275 12,000 1,128 7,380 32,742 863,789 7,521 1,314,669 856,279 2,178,469 (1,933,484) 244,985 67,$02 $ 1~176~276 ? DELALIO COAL & STONE CO., INC. Balance Sheet (continued) December 31, 2010 LIABILITIES AND STOCIOtOLDER'S EQUITY Current Liabilities Accounts payable Customer deposits Billings in excess of costs and estimated earnings on uncompleted contracts Cunent portion of long term debt Stockholder ]oan payable Taxes payable Due to related party Total current liabilities Long Term Debt Less Current Portion Total liabilities Stoeltholder's Equity Capilal stock+ common, no par value; anlhorized 210 shares; issued 210 shares; outstanding 50 shares Retained earnings Less: Ireasuty slock, at cost; 160 shares Total stockholder's equity Total liabilities and stockholder's equity See accompanying notes and independent accountants' review report. 610,749 64,095 7~35 47,084 165,584 809 10,363 906,119 123~34 1,029,453 65,000 223,430 288,430 (14t,6o?) 146,823 $ 1~176,276 Municipal con~c~ Paving end driveways Mate~l dism%ution Equipment reml Finance charges Cost of Goods Sold Beginning inventor/ Martials and f~ight Din:cl labor Subconltaclors DELALIO COAL & STONE CO.. INC. Statement of Income and Retained Earnings Year Ended December 31.2010 Less: ending inventory Total cost of goods ~o~d Gm~ Profit Operating Expenses Salaries Payroll taxes Employes benefits Credit card fees Yeh~cle repairs Vehicle expenses Peffonnnnce bonds end bids Yard and shop e.~/~c me Licenses and penrgts Rent Ofl'tce c~q~ense end post~c Telephone Adverlising and promotion Travel and cnleflainmem [nsurdoce Professional services Interest expense Sec accompanying notes nnd independent accountants' revic"w $ 903.081 2,589.727 78.733 8.454 9.230 3,589,225 13.650 1.239.824 153.502 362.296 1.769.272 1,711,713 1,877,512 417,114 74.389 236.797 18.201 76.632 111.985. 465.559 15.496 11,475 12.348 3.121 18~000 18,017 14,539 12,136 20,588 43,917 40,352 4,850 $ 1,777,516 Balance Brought Forward Dues and subscriptions Repairs and maintenance Con~'ibutions Depreciation Cleaning Taxes DELALIO COAL & STONE CO., INC. Statement of Income nnd Retained Enmings (continued) Year Ended December 3 I, 2010 Total operating expenses Loss From Operations Other Revenues Gain on sale of asset Total other revenues Net Loss Retained earnings - January i, 2010 Retained earnings - December 3 I, 2010 $ 1,777,516 8,95 I 2,001 2,315 I 17,280 6,810 4,643 1,919,516 (42,004) 8,500 8,500 256,934 $ 223,430 See accompanying notes and independent accountants' review report. DELALIO COAL & STONE CO., INC. SUaement of Cash Flows Year Ended December 31. 2010 Cash Flows From Operating Activities Ne! loss AdjasUnents m r~coucfle net Io~ Io uc! cash pmvidnd by (used in) op~raling activities: Depreciation Gain on sale of a.~ets (Increase) dacrcas~ in: Accounts ~ceivable lnvcnloO, Costs and c~ earnings in excess of billings on uncompleted conWac~ Deposits lmumnco rofund receivable Employee loan receivable Prcpald expcmcs Duc fwm relaled pa~y (Decrease) increase in: Customer deposits Billings fn excess of costs and estinm~cd earnings on uncomplc(cd contracts Taxes payable Duc to related party Net cash provided by operating activities Cash Flows From Investing Activities Purchase of I'Lxe d assets Disposal of fixed assets Net cash used in investing nclivities Cash Flows From Financing Activities Rcpoymcnts of long Icnu debt Proceeds from long term debt Proceeds from stucklmldcr loan Ncl cash provided by financing activities Net Increase In Cash Cash -bcginning ofyesr Cash - end of year Sec accompanying notes and indepcndcnl accountants' review report. (33,5O4) 117,280 (S,500) 254,703 (43,909) (6,801) (36,275) 02,0oo) (1,128) (7,380) 4,452 (26,195) 4,222 7,435 (827) 10,363 221,936 (~6,167) 8,500 (77,667) (49,602) 76,151 165,584 192,133 336,402 35,088 $ 371,490 6 B~timal~l Y~r ~ ~onbar~ T© T~[ C~ ~m~ J I. 2M0 ~ 3 [. 2010 ~tinn ~ ~flt R~u~ C~ ~flt R~ C~ ~mm Gm~ 7~28 14,~9 ~,021 41,017 9,~ ~,~ 41.017 9,~ Ma~cr ~ ~int~n 18,~ 3,~ Vgingc o[S~on- ~ I.~,~ tBO,~ 3~,2~8 270,~ ~8 ~g~8 ~,~ ~9,~ V~ ~o~i~ ~iv~ 42r~ 7,~ ~,732 17~ 3.732 ~tT~ lTv~ 3.732 TomlCo~ In ~ ~1~:~6 37g~0 ~5,387 329~217 H6.170 ~87 ~;217 116:1~ Costs nd Bi]lings In Esdmnt~l Exce~s Or P~ Bill~ ~ Of C~m TO~ Bi]linp , ~p ~ J8,~O I,~9 13,~9 ~% 48~S 1.7~ 28.3~ ~% 16.7~ I.~ i9,293 5~ 6,~3 67 4~26 ~ ~,~ 5,035 4~,171 ~ 33~71 ~ ~632 ~3% 332,~2 3,174 670,732 See ~com~ny~ng ~ and independe~tt accountants' review repm~ Note I. DELALIO COAL & STONE CO., INC. Notes to Financial Statements December 3 I, 2010 Summary of Significant Accounting Policies Oruanization and Nalure of' Business DeLalio Coal and Stone Co. Inc. (the Company) was incorporated under the hws of the Slate of New York on November 14, 1974 under the name Southampton Fuel Co., Inc. On April 9, 1991 the corporation amended its certificate of incorporation m change its name to DeLalio Coal & Stone Co., Inc. It is operated as a Subehapter "S" Corporation. As of Janoary 20, 1994, the Company acquired South Fork Asphalt Corporation and now conducts business under the assumed name of DeLalio Coal and Stone D/B/A South Fork Asphalt. Prior to the purchase of South Fork Asphalt the Company was engaged primarily in the business of retail sales of coal and slone and the driveway paving. With the purchase of South Fork Asphalt the Company has expanded into larger paving contracts and is involved in bidding for Municipal Government contracts. Revenue and Cost Recol~nition Revenues from construction coot~uets are recognized on the percantage-of..completion method, measurcd by the percentage of costs incurred to date fo estimated total costs f~ each contract. This method is used because management considers expended costs lo be the best available measure of progress on these conltacts. Because oftbe inherent uncertainties in estimating costs, ' it is at least reasonably possible that the estimates used will change within the near term. Contnlct costs include all direct rnnterinl and labor cests and those indirect costs:related M contract perforflJance, such as indirect labor, supplie~, tools and repairs: Selling, genera! and administrative'costs ore charged to expense as incuned. The a_~_ee_~ "Costs and estimated earnings in excess or' bluings on uncompleted contracts', represents re~/enues rccogni:,ed in excess of' amounts billed. The liability "Billings in excess of casts and estimated earnings on uncompleted contracts" represents billings in excess of' revenues recognized. Noncontract revenue from snow plow and rental services, as well as material sales arc recognized when sui:h services are rendered and/or product is ~old. For the putlx)se of the statement of cash flows, cash equivalants include time deposits, certificates of dePOsit, and all highly liquid debt instalments with origianlmaturities of three months or less. .Accounts Receivable · As revenue is billed, accounts receivable is recorded. Accounts receivable that am older than thirty days are considered past due. The Company petiodioally evaluates the balances in the various aging categories, as well as the status of' any sigriiflcant past due accounts, to determine if'any balances ate uncollectible. An allowance for dou~,tful accounts is provided for the estimaled losses that may be incun'ed due to uncollectible receivables. The estimated losses are based on prior yeats' experience and a review of the current status of the existing receivables. The allowance at December 3 I, 2010 was $20,000. When management determines that a receivable is uncollectible, the balance is removed from the rcceivablas balance and is charged to the allowance. Subsequent recoveries of amounts previously written offare credited directly to cannings. lpyenlorv Inventory consists of' various stone and is charged to expense at the time of' purchase. A physical inventor7 is conducted at year-end and inventory is adjusted accordingly. Inventory is determined utilizing the cost method based on the latest purchase price. L DELALIO COAL & STONE CO., INC. Notes to Financial Statements December 31, 2010 Summary of Signifiennt Accounting Policies (continued) Fixed Assets and Denreciatio~ Property and equipment are stated at cost. Depreciation is provided principally on the straight-line and declining-balance methods for financial reposing purposes at rates based on the following estimated useful lives. Leasehold improvements 31 years Vehicles and trailers 5-10 years Equipment 5-25 years The cost of assets sold or otherwise disposed of and the accumulMed depreciation thereon are eliminated from the accounts and the resulting gain or loss is reflected in income except for assets n'aded where no cash is received. Expenditures for maintenance and repairs are charged to income as incurred; replacements and betterments that extend the useful lives are capitalized. Lung-lived assets held and used by the Company are reviewed for impairment whenever events or changes in circumstances indicate that the carrying amount of un asstt may not be recoverable. In the exent that facts and circumstunees indicate that the cost of any long-lived assets may be impaired, an evaleatinn of recovarability would be performed. Depreciatinn expense for the year ended December 3 I, 2010 was $117,280. Maior Customers The Company had one major customer that accounted for I I% of its total revenue for the year ended December 3 I, 2010. Accounts receivable fi.om that one customer accounted for 47% of total accounts receivable as of December 3 I, 2010. Major Vendors Pu~clL~tses from two of thc :Company's vendors comprised 46% of total purchases for the year ended December 3 I, 2010. Accounts payable from these two vendors accounted for 43% of total accounts payable as of December 3 I, 2010. In the event of an interruption of supply and services from these vendors, similar materials and services could be purchased with minimal lead time fi.om n variety ofdilTerent sources at simila~ trade terms. Use of Estimates in Pranaration of Financial Statements Management uses estimates end aasumptions in pmpering financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets end liabilities, and the reported revenues and expenses. Actual rssults could differ from those estimates. Income Taxes The Company, with the consent of its stockholders, has elected under the Internal Revenue Code to be an S corporation. In lieu of corporation income taxes, the slockholders of en S corporation ere taxed on their proportionate share of the Company's taxable income. Therefore, no provisiunor liability for income taxes has been included in the financial statements. The Company pays n franchise fee to the State of New York. Note Note 3, DELALIO COAL & STONE CO., INC. Notes to Financial Statements December 31.2010 Summary of Significant Accounting Policies (continued) Advertising The Company's policy is to expanse advertising costs ns the costs are incurred. Advertising expense for the year ended December 31,2010 was $12,136. Subseuuent Events In preparing these financial statements, the Company has evaluated events and transactions for potential recognition or disclosure through February 28, 2011, the date the t-mancial statements were available to be issued. Aecounts Receivable Accounts teceivnble consisted of the following at December 31, 2010: Uncompleted contracts- current Completed centracts - cra'rent Less: Allowance fer dunbtful accoents Costs and Estimated Earnings on Uncompleted Contracts Cost~ incurred on uncompleted contracts Eslimated e~tnings Co~t and estin~te earnings Less: Billings to dale Included in nccompanying balance sheet under following captions: Costs and e~timat ed earnings in excess of billings en uncompleted contracts Billings in excess of cests and estimated earnings ~ uncompleted centracts 181,113 177,301 358,414 (20,000) 338,414 $ 529.217 116,170 645,387 (646.021 ) $ (634) $ 6,~01 (7,435) $ (634) IO Note 4. Note DELALIO COAL & STONE CO., INC. Notes to Financial Statements December 31,2010 Backlog The following schedule summarizes changes in backlog on contracts obtained during Ihe year ended December 31, 2010. Backlog represents the amount of revenue the Company expects Io realize from work to be performed on uncompleted contracts in progress at year end end from con~racmal agreements on which work has not yet begun. Backlog balenge at beginning of year New contracts and change orders during the year 2,105,446 2.105,446 Lcss: Conttaot revenues enmed during the year Backlog balance at end of year Long-Tern Debt Long-term debt as ef December 3 I, 2010 censisted of Ibc following: (645,387) 1,460,059 Note paYable Io a financial institution, monthly payments of $3,084, including interest at 4.99%, due November 2013. Secured by equipment. Note payable to a financial institution, momhly payments of $695, including intere~ at 539%, due March 2015. Secured by vehicle. Note payable to a financial imlitution, monthly payments of $712, including interest at 2.91%, due Novem bet 2015. Secured by vehicle~ Total loans payable $ 100,244 31,064 39,110 170,418 Cun'ent portion Long-term debt 47,084 $ 123,334 A schedule of nmturities of long-term debt is ns follows for the years ending December 31: 2011 2012 2013 2014 2015 $ 47,084 49,355 48,655 16,222 9,102 $ 170,418 II Note 6. Note 7. Note 8. Note 9. DELALIO COAL & STONE CO., INC. Notes to Financial Statements December 31, 2010 Line-of-Credit The Company has available a llne-of-credit agreement under which it may borrow up to $400,000. Interest is set at the greater of 5.0% or 1.0°4 over the bank's prime landing rate, which resulted in an interest rate of 5.00°/0 at December 31, 2010. This line matures on June 30, 2011, at which time all outstanding principal and interest will become due. There were no advances on this line-of-credit at December 31,2010. The Company has available a revolving equipment line-of-credit agreement under which it may borrow up to $100,000. Interest is set at the greater 6.00°/0 or the bank's prime lending rate applicable at the time of draw. As of December 3 I, 2010, the applicable interest rate was 6.00%. Advances under the line are due sixty months from the time of draw. This line matures on June 30, 201 I. There were no advances on this line.of-credit at December 3 I, 2010. Leases The Company leases office space on a month-to-month basis from a partnership operated by related parties. Rent expanse for this propetxy was $180,000 for the year ended December 3 I, 2010. Employee Benefit Plan The Company sponsm's a 401(k) mtiremenl/savings plan. Employees meeting certain eligibility requirements as specified in the plan document ate allowed to pa~icipate. The Company will match 100% of the employce's'contrib6tion up to a maximum of 3% of their eligible gross wages. Matching contributions mede by the Company were $13,185 for the year ended December 3 I, 2010. Supplemental Disclosures of Cash Flow Information The COmpany paid intereSt of $4,850 during the year ended December 31, 2010. No income tax was paid due to the, Company's status ns an S Corporation. Non. cnsh investing and financing transactions during the year ended December 31,2010 were as follows: Due from an affiliate in exchange for equipmem pmchased an their behalf Nnte payable for pmchasc of equipment on behal fofaffiliate $ 100,244 (100,2441 Note I0. Related Party Transactions The Company has a month-to-month lease agreement for its office facilities with a parmership operated by related parties. The total rent expense chm'ge to operating expenses for the year ended December 3 I, 2010 was $180,000. The Company paid appmximarely $360,000 for track hire and site work to an affiliated company during the year anded December 3 I, 2010. The Company paid approximately $9,800 for travel expenses to an affiliated company during the year ended December 3 I, 2010. 12 DELALIO COAL & STONE CO., INC. Notes to Fioancial Statements December 31, 2010 Note I 0. Related Party Trnnsactioas (continued) The Company received various advances from ~he sole stockholder throughout the year. As of December 31, 2010, the balance of this loan Payalde to the stockholder was $165,584. The Company procured and guaranteed a $102,900 note payable on behalf of an entity related through common ownership. The equipment purchased with the note proceeds is held by the affilinled entity and is secured as enllaleral by the debtor. The guarantee would require the Company to make requimcl loan payumenis in the even! the affiliated entity is unable to do so. As of December 3 I, 2010 the outstanding balance on ~he note payable and the offsetting amlinte loan receivable wes $100,244. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Delalio/SFA 224ANorth Main Street Southam ton NY 11968 as Principal, hereinafter celled the Principal, and P.O- Box9729 Bradenton FL 34206-9729 Service Insurance Corn an a corporation duly organized under the laws of the State of FL as Surety, hereinafter celled the Surety, are held and firmly bound unto Town of Southold 53095 Route 25 Southold, NY as Obligee, hereinafter celled the Obitgee, in the sum of Five Percent of Amount Bid Dollars ($ 5% . ~ for the payment of which sum well and truly to be made, the said Principal a~d the said Surety, bind ourselves, our helm, executors, administratom, successom and assigns, jointly and severally, firmly by these presents. WHEREAs, the Principal has submitted a bid for Demolition of Manor Grove Pro e 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 I~aithful performance of such Contract and for the prompt payment of labor and materials furnished in the Prosecution thereof, or in the event of the failure of the Princil~al.to enter such Contract and give such bond or bonds, jf the Principal shall pay to the Obligee the difference not lo 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 9th day of October 20!2 (W~tness) (t~tnes~) Delalio/SFA ....-3 ~ ~J(P#ncipa,) (Sea/) / Service Insurance Company (Surety) AIA DOCUMENT A310 · BID BOND · AIA · FEBRUARY 1970 ED · THE INSTITUTE OF ARCHITECTS, 1735 N.Y. AV~, N.W., WASHINGTON, D'.C. 20006 ACKNOWLEDGEMENT OF CONTRACTOR, IF A CORPORATION STATE OF NE E YORK COUNTY OF .O~THE/O DAY OF OCTOBER 2012 BEFORE ME PERSONALLY CAME / TO ME KNOWN, WHO B~/NQ BY ME DULY SWORN, DID DEPOSE .~AND SAY THAT (S)HE RESIDES At .-.,~/J~//J~'t._THAT (S)HE IS THE //r'~F.d~,~-- OF DELALIO/SFA A CORPORATION DESCRIBED 1N AND WHICH EXECUTED THE ABOVE INSTRUMENT; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION CymMI Bunch Notm, y Public State of NY No. 0"1-BU6033778 Qualified In Suffolk Counter ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK COUNTY OF SUFFOLK ON THE 9TH DAY OF OCTOBER 2012, BEFORE ME PERSONALLY CAME THOMAS M. NILAND TO ME KNOWN, WHO, BEING BY ME DULY SWORN, DID DEPOSE AND SAY THAT (S)HE RESIDES AT LIDO BEACH, NY THAT (S)HE IS THE ATTORNEY IN FACT OF THE SERVICE INSURANCE COMPANY THE CORPORATION DESCRIBED IN AND WHICH EXECUTED THE ABOVE INSTRUMENT; THAT (S)HE KNOWS THE SEAL OF SAID CORPORATION; THAT ONE OF THE SEALS AFFIXED TO THE FOREGOING INSTRUMENT IS SUCH SEAL; THAT IT WAS SO AFFIXED BY ORDER OF THE BOARD OF DIRECTORS OF SAID CORPORATION; AND THAT (S)HE SIGNED HIS/HER NAME THERETO BY LIKE ORDER / Notar'~Public - ' BONO NOfi- q q td Expired December 31,2012 THE SERVICE INSURANCE COMPANY, INC. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE SERVICE INSURANCE COMPANY, INC,, 80 Main Street #330, West Orange~ NJ 07052 a corporation of the State of New Jersey, hereby make, constitute and appoint Glen T, Burger, Treasarer, and James S, Burger, President, in pur~u~ze 6~ authority ~ted by Article VIII Section 7 of the By-Laws of said Company which reads as follows: !!~ONT~ The B~rd ~fDi~.e~t~rs rnay auth~i~¢ any o~eers~ t~ ~xecut~ any surety b~nd instrum~nt in the narne ~f and ~n b~h~f ~th~ ~ Does hdreby:n0minate, Constitute and appoint Glen T. Burger and James S; BUrger, its true and lawful agents and Attomey(s)-m-Pact, to mak¢~ execute, seal and deliver for, and on its behalf as surety, and irs act and deed: any and all bond undertakings, no one bond to exceed an aggregated penal sum ~ ty 0f $2;000,000.00 (Two Million Dollars), , the said Treasurei ~d P~sid~t hav~ herehnt0 SUbscrit~t their Service Insurance Company, inc., this 22nd day of February, A.D. 2009  H~R~CE COMPANY, INC. SS ' came the above named Treasurer and President of Thc Servie~ Insurance Company, Inc., to mc personally known to bo the individuals and officers described ~ ~ ~h~ ~cc[/~ i~tbe p~ding io~tLurr~nt; and t~7 each ~now ~g~ the ex.utica o~;he s~ ~d b~g by me duly s~< ~ver~ ~ c ~ Se~ ~f~ ~o~p~d that ~e Corporate S~l ~d their s~gnatures ~ such office~ were duly affixed ~ subScrthed to thc said ns~e~ ~ thc My~~ N~ta~ public iffthc Sta~ ofD~w ~ CERTIFICATE L th~ ~rsign~, President of The Se~ice Insur~c¢ Company, loc., ~e Company, do hereby ceffify that thc original Power 0~A;~ in ~[~l~ forgoing is full, true and correct copy, is in full force and effect on the date of this ceafficate; and ] do fu~her ceaify that'~ ~*~o ...' executed ~c ~id Power o~Attomey w~ specially authorized by the Board of Directors to appoint ~y Attorney in Pact as VIii, Section 7, of the By-Laws ofTh~ Se~ ce Insurance Company. nc ~is ~e~ifiCate ~ay be signed by facsimile under and by authority of the tDIlowing resolution of thc Board of DirectOrs 0f Th~ ~er~66 l~am~6¢ Resolved: "That the facsimile or mechanically reproduced signature of the Company President, whether made heretolbre or hereafter, wherever appearing upon a certified copy of. any power of anomey issued by the Company, sha be vol d and binding upon the Company with the same force and effce~ a~ though manUally affixed. 5 THOMAS G~ MC MAHON, THOMAS M, NILAND, JOHN E; HARDY. , Fudh~rmore. The C0m~any appoint(s)__LEONARD SCIOSCIA JR. of COOK, HALL & HYDE, INC. Insurance Agency to act as Limited Attorney in Fact, to make, execute, seal and deliver for and on their b~halt:!>ic[ bonds not t~ exceed $100,000 in:face amount and pertbrmance bonds not to ex~ed $1,000,000 in contract amount. Said Limited Attorfiey(s) i.n, Fa~t shall Obtain Prior apprOval Confirmed in writing from the Company with a bond nUmbei' Provided by the C~n:l~ariy s home office pr or to ssUing any bonds ~aid £i~ te~ Affotiley(s) in Fact by eXecUting the a[tached bond, hereby represents and warrants under oath that the Company has granted him/her prior approval and furnished the bond number for the attached bond, which has been logged and recorded at the Company's home office The Company sha I not cover honor or pay any claims for unau. thorized bonds, and tlt~ ob~i§ee may cOriflrm the Vaiidity of the attached bond on receipt by contact ng the ComPany tn Writing at 973- 73~-7889 (fax) or Jburqer~,serviceinsurancecompan¥.com IN TESTIMONY WHEREOF. I have hereunto subscribed my name and affixed the Corporate Seal of the Said Comp~a~,"[his 9 20d~y of , 2012 · COMPANY EMBOSSE~ coRpORATE SEAL MUST Origi~al Signature or L'iffiited A{t~rney in Fact AP~^R O~ sOnY PO~.~ ^m) POWER OE AWr0~E¥ I. [~ [ £ .; ~ THE SERVICE INSURANCE COMPANY (Statutory Basis) STATEMENT OF ADMITTED ASSETS, LIABILITIES SHAREHOLDER'S EQUITY AS OF DECEMBER 31, 2011 ADMITTED ASSETS Cash & Cash Equivalents & Short Term Investments Common Stocks Bonds Interest Income Receivable Premiums & Agents Balances Amounts Receivable from Reinsureres Current Federal Income Tax Recoverable Net Deferred Tax Asset TOTAL ADMITTED ASSETS LIABILITIES & SHAREHOLDER'S EQUITY LIABILITIES Losses & Loss Adjustment Expenses Other Expenses Taxes, licenses & fees Federal Income Tax Unearned Premiums Amounts Withheld or Retained by Company for Accounts of Others Miscellaneous Total Liabilities SHAREHOLDER'S EQUITY Common stock, par value $20 per share 50,000 shares, authorized, issued & outstanding Gross Paid-In & Contributed Surplus Unassigned funds (surplus) Total Shareholder's Equity TOTAL LIABILITIES & SHAREHOLDER'S EQUITY 2,858,571 124,375 8,305,646 85,048 333,631 100,000 58,993 61,836 11,928,100 585,421 168,949 37,801 775,446 4,563,430 13,857 6,t44,904 1,000,000 839,198 3,943,998 5,783,t96 11,928,100 STATE OF NEW JERSEY ) ) COUNTY OF ESSEX ) SS I, J~m~. Burger, President of Service Insurance Company, Inc., do hereby certify that the above is a true statement  .~ nf .w~id~on as of December 31, 2011. ': STATE OF NEW JERSEY ) · ~. ) SS '~. COUNTY OF ESSEX ) S~ibsCd/~ed and swom before me, a Notary Public, State of New Jersey, in the County of Essex, this 5th day of June, 2012. No~i~ry/Pubric / ~Smm°fN~wJcrseY~si°n ~ ~e 4, 2012 10/04/2012 License Type/Fee Type Bid Specifications & Fees 1 (Demolition Greenport) Bid Specifications & Fees 2 (Demolition Greenpor~) Bid Specifications & Fees 3 (Demolition Greenport) Bid Specifications & Fees 4 (Demolition GreenporD Bid Specifications & Fees 5 (Demolition Greenport) Bid Specifications & Fees 6 (Demolition Greenport) Bid Specifications & Fees 7 (Demolition Greenport) Bid Specifications & Fees 8 (Demolition Greenport) Town of Southold General Licensing Report For Fee Type: Demolition Greenpod Date Range: 09/03/2012 to 10/04/2012 Issue Date/ License.__~_~ Expiration Da~,~ Licensee Page: Qtyrrotal Notes 09/27/2012// Kurrass, Norman Contract 1 00 Po. Box 2015 264 Atlantic Avenue $2500 ~ East Patchogue, NY 11772 ~" (c~ / \ 631,265.go22 % ildit, Services ~ ' -- ~' I 00 '~"~ / ~ o9,26,20t2 1.o0 124 Cain unve Brentwood, NY 11717 $2500 09/28/2012 Po Box 60J~~ .~ ~ .-'J-. ~ ~y~ ~957 -~':~ $25.00 (631) 734~600~ 10/01/20t2 Delalio, S F A~ 1.00 22~4~No~'~ain St $25.O0 ~outhampton,~ ~Y ~ (~3~) 283-0037 Po Box 315 / Ridge, N~96~..~/, ~ ~ $25.00 (~3~) ~24-0~a ~0/02/20~2 Ga~, kandscapm~ Ine~ ~00 PO Box ~04 ~ 631) 298-8877 10/03/2012 Eadhworks, Inc ~1.00 BreaLoving 195 Springs Firepla~ ..... East Hampton--1937 . -~ $25.00 bre~tovingmx~gmail~m ~s8-83~~~ ~ ~ 10/04/2012 Bistrian J r., Patri~~ O0 175 Springs-~ Rd. Ea~:N~ 1937 ~5.00 Qua.ti~ Sub To~l: 8 Amount Sub To~l: $200.00 fax 6312830717 contact person Ed Doyle Quantity Grand Total: 8 Amount Grand Total: $200.00 04/10 '12 TEU 13:20 FAX 631 765 6145 SOIlTHOLD TOWN CLERK ~001 *** TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION iD ST. TIME USAGE T PGS, SENT RESULT 2334 04/10 13:20 00'34 1 OK 4346792 SCOTT A. RUSSELL SUPERVISOR I'OWN HAl3, - 53095 MAIN ROAD Fax, (631)- 765 - 9015 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOXVN OF SOUTI IOLD, NEW YORK 11971 Tel (631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page 1 of 1 PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 04/10 '12 THU 13:13 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 *** TX REPORT **:~: TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT 233O 04/10 13:12 00'34 1 OK 7342318 SCOTT A. RUSSELL SUPERVISOR TOWN IIALL - 53095 MAIN ROAD Fmc. (53[)- %5 - 90[5 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOWN OF SOUTIIOLD. NEW YORK 11971 T~I. (631) - 765 - 1550 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page 1 of PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Oreenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 04/10 '12 THU 13:22 FAX 631 765 6145 SOUTHOLD TOWN CLERK ~001 *************************** *** ERROR TX REPORT *** ***************************** TX FUNCTION WAS NOT COMPLETED TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, SENT RESULT 2329 04/10 13:22 00'00 0 NG 2830710 ~018 SCOTT A. RUSSELL SUPERVISOR TOV~ ltALL - 53095 MAIN ROAD F,%x. (631)-765-9015 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOWN OF SOUTI-IOLD. NEW YORK 11971 Tel, (631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page 1 of 1 PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 04/10 '12 THU 13:14 FAX 631 765 6145 SOUTHOLD TOWN CLERK [~001 *** TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT 2331 04/10 13:13 01'02 1 OK 9243275 SCOTT A. RUSSELL SUPERVISOR TOWN HAI,L - 5309~ MAIN RO~d]) F~x. (631) - 765 - 9015 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOW OF SOLJ'I'HOLD, NEW YORK 1197] Td (631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page _1 of i PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 04/10 '12 THI! 13:15 FAX 631 765 $145 SOUTHOLD TOWN CLERK ~001 *** TX REPORT :t: :~: * TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT 2332 04/10 13:15 00'35 1 OK 2982021 SCOTT A. RUSSELL SUPERVISOR 'rOX,X2q IIALL - 53095 MAIN ROAD F,~; (631)- 765-9015 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOWN OF SOUTHOLD, NEW YORK 11971 Tel (631) -765- 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page 1 of 1 PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 04/16 '12 TH[! 13:17 FAX 631 765 6145 SOIITHOLD TOWN CLERK [~]001 *** TX REPORT *** TRANSMISSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS, SENT RESULT 2333 04/10 13:17 09'32 1 OK 9078639 SCOTT A. RUSSELL SUPERVISOR TOWN I-IALL - 53095 MAfN ROAD Fax. (631)-765- 9015 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOWN OF SOUTHOLI), NEW YORK 11971 Tel (631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page 1 of 1 PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the :Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 04/10 '12 THU 13:07 FAX 831 705 6145 SOUTHOLD TOWN CLERK ~001 *** TX REPORT *** TRANS}II SSION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS. SENT RESULT 2328 04/10 13:07 00'34 1 OK 3243571 SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, 'R.A. MICHAEL M. COLLINS, P.E. TOg'lq OF SOUTItOLD, NEW YOP. K 11971 TeL 631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF $OUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page i of 1 PROJtgCT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) PATRICK BISTRIAN, JR., INC. Town of Southold 10/3/2012 6467 25.00 Cash-SCNB Village/C 68775 Rte 25, Greenport ~"~"/~ 25.00 ~ NEWPackage Express® USAirbill 1384--0713--6 Sender's Name Phone( 631 1324-7950 Comp..yPATRIC;4 BISTRIAN JR INC Addre= 175 SPRINGS FIREPLACE RD c~EA.ST HAMPTON s~ NY z~P 11937-2016 2 Tour Internal Billing Reference 4 Exprem~PackageSewice -~,,..m,,m.. 3 To 6 Special Hendling and Delivery Signature Options Recipient~ Patrick Bistrian Corn,a.¥ Patrick Bistrian, Jr. Addre. 175 Springs-Fireplace Address crw East Hampton ~ NY zip 11937 0451143406 ~ ~ScC~"~c~ml~lbm~ [~Recipie~t [] ThirdParly ~] CreditCard [] Cash/Chock 'B TotalPackagos TomlWeight TotalDeclsredValuet : I Terms and Conditions Summary , For the current FedEx Serwce Guide, which contains the complete Terms and Conditionsl go to fedex, corn Definitions On this AirPl our" ' usr ' end"FedEx refer to Federal Express Corporaflon its employees, and agents You' and your" refer to the sender, its employees, and agents Agreement To Terms Bt giving us your package to deliver you agree to a I the terms on this Airbgl and ia the current FedEx Service Guide which is a'ailab,e at fedex.corn or al a FedEx JocaRon You aisc agree to those terms on behalf of any third par~y with afl in crest in the package If there is a conflict between the current FedEx Ser',ice Gui2e aqd ggs Airbill, the current FedEx Service Guide will Control No one is authorized to change tile lerms cf our Agreement Responsibility For Packaging And Completing Airbill Responsibility For Payment E~e,~ if, ,:~ g;,e us d~¢erent Limitations On Our Liability And Liabilities Not Assumed earl package s I rnted to ;JS$100 You mak pay an additional c~argc 1or each adbRionalUS$100 of decared value The direct, incidental special or consequential in excess of the · We wont be iiable: for your acts or omissions, including but not iimited to improper or insufficient packing securing, marking, or addressing, or those of the f eCipler~t or anyone else with an interest in the package control, including but not iimited to ac;s of God, perils of s!bkes civil commotiohs; or acks of pubg¢ authorities Declared Value Limits FedEx Fak shipn'ent s tJS$500 value allowed is USSi 000 per package Service Guide · YOd may send more than one package on this AirbiLl and fiji in me total declared value for ag packages, not to exceed the US$500, US$1 000 or US$50,000 per package limit described above (Example 5 packages can have a total declared value of up to US$250 000 ( In that case ou~ liability is limited to the actual value of the package(s) lost or damaged but may not exceed the maximum a flowable declared value(s( or the total declared value, whichever is less You are responsible for proving the actual loss or damage Filing A Claim YOU MUST MAKE ALL CLAIMS IN WRITING or online at fedex.eom and notify us of your claim wRhJn strict time limits set out in the current FedEx Service Guide You may call our Customer Service department at 1 800 GoFedEx 1 800 463 3339 to report a claim; however, you must still file a timely written clam We aren't obligated to act on any claim until you have paid all transportation charges, and you may not deduct the amount of your claim from those charges g the recipient accepts your package without notdlg any damage on the delivery record, we will assume the package was delivered in good condition For us to process your claim, you must make the original shipping cartons and pack?g available for inspecuon Right To Inspecl We may, at ou," option, open and inspect your packages before o[ after you give them to us to deliver Right Of Rejection We reserve the ng[t to rejec~a FodE~ Service Guide C.O.D. Services C OD SERVICE IS NQ ~ AVAILABLE WITH THIS AIRBILL If C OD Service is required, piease use a FedEx C O O Airbill Air Transportation Tax Included a uderal exc~se transportation portion of this serviCer if 8nyr iS paid by us FedEx will at your request and with some limitations refund Service Guide for more information Bid Reporter www. TheBidReporter. com (516) 822-1989/914 472-1570 NASSAU/SUFFOLK N 8, REMOVAL OF BUiLDiNGS ~/ DEBR,S ~68775 RTE 25, GREENPORT ~ Concrete&RoadWorks~.. ~ BID DUE DATE 10/11/2012 MUNICIPALITY: TOWN OF SOUTHOLD, ROBERTS STREET ROADWAY IMPRVMT BID DUE DATE: 10/11/'2012 ~-- Machinery and c ~ ["qffDmen' MUNICIPALITY: TOWN OF BROOKHAVEN PUR DIV, ONE INDEPENDENCE HILL, FARMINGVILLE. NY 11738- , PHONE: (631) 451-6252 DEPOSIT: $50.00, MONEY ORDER/BUS CK DRAINAGE OF BLACK COURSE ~BETHPy--' STATE PARK BID #: D004301 BID DUE DATE: 10/11/2012 MUNICIPALITY: OFF OF PARKS, REC & HISTORIC PRESERVATION, MESSRS FISH, DENAME & MS JOAN MEYER, ADMIN HDQTRS~ BELMONT LAKE STATE PARK, BABYLON, NY, PHONE: (631) 321-3534 DEPOSIT: $4900, CK TO OPRHP Construction & Maintenance / RENOVATE KITCHEN ~1650 STRAIGHT P~35.1, WHEATLEY HEIGHTS RESIDENCE BID DUE DATE: 10/16/2012 MUNICIPALITY: RESURRECTION HOUSES INC, ADMIN OFF, 14 SPRING ST, WHEATLEY HEIGHTS, NY 11766- , PHONE: (631) DEPOSIT: $50J30, CK / NEW FUEL MGM'r SYSTEM INSTALLATION~[OJ BID#: PW 40-12 BID DUE DATE: 10/16/2012 MUNICIPALITY: TOWN OF HEMPSTEAD, DPW, COMSR OF GEN SVC. 350 FRONT ST, RM 211, HEMPSTEAD, NY, PHONE: (516) 469-5000 DEPOSIT: $100.00, CK ONLY PRE-BID: CONF 10/9 AT 6AM, MANDATORY GLEN STREETY PARKING LOT REHABILITATIO~ SPECS BETW 9AM-4:3OPM BID #: DPW 2012-012R BID DUE DATE: 10/19/2012 MUNICIPALITY: CITY OF GLEN COVE, PHONE: (516) 676-2106 DEPOSIT: $5000, CASH/CORPORATE/CERT CK ENTRANCE ROAD, PARKING & SITE IMPRVMTS, ERENTWOOD RC, DIX HILLS BID #: M44433 BID DUE DATE: 10/24/2012 MUNICIPALITY: NYSOGS, PLAN SALES UNIT, PHONE: (867) 647- 7526 DEPOSIT: $10 00 PRE-BID: MEETING 10/12 AT 10AM (~SITE, 1230 COMMACK RD OPERATE & MAINTAIN TOWN OF ISLIP SHELLFISH CULTURE FACILITY, EAST ISLIP MARINA, BAYVIEW AVE (RFP) / BID DUE DATE: 11/8/2012 MUNICIPALITY: TOWN OF ISLIP, PUR DEPT, 40 NASSAU AVE, ISLIP, NY 11751- , PHONE: (631) 224~5515 PRE-BID: WALK-THRU 10/28 AT 401 MAIN ST, 3RD FL, ISLIP Demolition and Site Work LEASING - NEW DIGITAL COPIERS ~/ MUNICIPALITY: TOWN OF HEMPSTEAD, PUR DIR, 350 FRONT ST, HEMPSTEAD, NY 11550- , PHONE: (516) 489-5000 (1) DIESEL LIGHT TOWER W/GENERATOR/ TRAILER MOUNTED AIR COMPRE~ BID#: FB 61-12 ~ BID DUE DATE: 10/11/2012 MUNICIPALITY: TOWN OF HEMPSTEAD, PUR DIR, 356 FRONT ST, HEMPSTEAD, NY 11550- , PHONE: (516) 489-5000 SNOW REMOVAL EQUIPT RENTAL 2012/13~E- MAIL: zelrnani~}sunysuffolk.edu ~ BID #; B0000113 / BID DUE DATE: 10/18/2012 MUNICIPALITY: SUFFOLK COUNTY COMMUNITY COLLEGER, IVONA 7ELMAN , NFL BLDG, RM 11,533 COLLEGE RD, SELDEN, NY, PHONE: (631) 451-4435 Refuse and Waste RESIDENTIAL SOLID WASTE COLLECTION & DISPOSAL ~ BID #: 12-077 / BID DUE DATE: 10/18/'2012 MUNICIPALITY: TOWN OF SMITHTOWN, TOWN CLERK, 99 WEST MAIN ST, SMITHTOWN, NY 11787- , PHONE: (631) 360- 7620 Wells and Water Supply CONSTRUCT (1) 20" X 14" - DIAM~FER WELL (#3A) ~TOWER HILL ROAD WELL~I.D, VILI..~GE OF SHOREHAM '~ BID #: 6881 BID DUE DATE: 10/10/2012 MUNICIPALITY: SUFFOLK COUNTY WATER AUTHORITY, PUR DIE, 4040 SUNRISE HWY, OAKDALE, NY 11769- , PHONE: (651) 563-0334 Friday, Septem~ 2& 2012 aw., o# co~. d~a bid reporter Page I of I TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY CONSTRUCTION SPECIFICATION GREENPORT, TOW~N. OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK Prepared TOWN OF SOUTHOLD 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 #10862 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successfully commencing on the 6th 27th day of September, 2012. Principal Clerk Sworn to before me this NOTICE IS H~R~By GIVEN, in accordance with the provisions of Sec- tion 103 of the General Municipal Law, that sealed bids are sought and requested for the demolition and removal of build- ings and miscellaneous dcbris located at 68775 Route 25, Greenport, NY 11944. Spe~iic~ions for the above are avail- able at the Southold Town Clerk's office, Monday thru Friday, 8=00 am to 4.~0 pm. ha~u Bhl Cerl~cafe, viii be received by the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New be~ 11+ 2012, at which time they wili ha ~ and read aloud in publi~ Tbe Town Board of the Town of SouthoM rescues the right to reject any and alt bids and waive any and all infonnalit~ in any bid should it ha deemed in the best interest of the Town of SouthoM to dos~x AIl bids must ha signed and sealed in an.envelope plainly marked ~ NY" and submitted to the Town Oerk. The ~d price shall not include and tax, federal, state, or local, from which the Town of Southold is exempt. Requests for additional information & all inquiries should ha addressed to the Michael Collins, P.E. (63t) 765-1560, Southold Town En~ Depart- ment, Southold Town Hall, PO Box 1179, Southold, NY 11971 Dated: August ~4, 2012 10.862-1T 9/27 NOTARY PUBLIC-STATE OF NEW YORK NO. 01 VO6105050 Qualified In SuffOlk Courtly TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY CONSTRUCTION SPECIFICATION GREENPORT, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK Prepared By: TOWN OF SOUTHOLD 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 TABLE OF CONTENTS TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY Title Page Table of Contents Invitation to Bid Instructions to Bidders NYS Wage Rates Standard Insurance Requirements General Conditions Conditions of Contract Proposal Form Package Qualification of Bidders Contract Agreement NYSDEC Tidal Wetlands Permit NYSDEC Specifications for Well Abandonment Town of Southold Demolition Permit Specifications Demolition Plan IB-1 thru IB-6 SIR 1 thru SIR 3 GC-1 thru GC-12 CC-1 thru CC-17 Proposal Form Package Pages 1 thru 9 QS-1 thru QS-4 A-1 thru A-3 Nine (9) Pages Two (2) Pages One (1) Page Division 1 and Division 2 TOWN OF SOUTHOLD 53095 ROUTE 25, P.O. BOX 1179, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1800 / FAX: 631-765-6145 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "DEMOLITION OF MANOR GROVE PROPERTY" Definite specifications may be obtained at the Southold Town Clerk's Office beginning September 27, 2012. PLACE OF OPENING: DATE OF OPENING: TIME OF OPENING: TOWN OF SOUTHOLD TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 October 11, 2012 10:00 AM CONTACT PERSON: MICHAEL COLLINS, P.E., CIVIL ENGINEER, 631-765-1560 VENDORS MUST SUBMIT BID IN SEALED ENVELOPE. PLEASE PRINT ON THE FACE OF ENVELOPE: 1) NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-refundable fee of $25.00 will be charged for plans and specifications. Payment can be made by either money order, cash or business check (payable to the Town of Southold). A non-mandatory pre-bidder's conference will be held at 10:00 AM on October 4, 2012 at Manor Grove in Greenport (68775 Main Road). The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. INSTRUCTIONS TO BIDDERS INDEX 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. 16. 17. Receipt and Opening of Bids Form, Preparation and Presentation of Proposal Bid Security Qualifications of Bidders Rejection of Bids Bidders Responsibility Construction Terms and Conditions Bid Reservations Non-Collusive Statement Addenda and Interpretations Method of Award Single Price Bid Analysis Municipal Exempt Status Labor Law Wage Rates Insurance Required by the Town of Southold Quantities IB- 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms heroin provided for the Demolition of the Manor Grove Property in Greenport, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 10:00 AM prevailing time on Thursday October 11, 2012, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM~ PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A', "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume them is "no charge" when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit (as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be retumed after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be returned with the final payment under this Contract. (b) The successful bi~tder, upon his failure or refusal to execute and deliver the Contract required IB- 2 INSTRUCTIONS TO BIDDERS within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security he deposited with his bid. 4. QUALIFICATIONS OF BIDDERS (a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment, experience and financial ability to insure completion of the work are provided with the bid specification package, and shall be filled out by the contractor and remmed with the bid submission. (b) Information contained in any statement of financial ability shall be not more than thirtv days old at the time of submission. (c) The Town reserves the fight to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the fight to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the fight to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the fight to reject any and all bids, in whole or in part, to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans and Specifications or in the itemized form of bid, which are made a part of this Contract, which may alter or revise the Specifications for the particular contract. (b) No representation is made as to the existence or nonexistence of ground~vater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the IB - 3 INSTRUCTIONS TO BIDDERS proposed job in accordance with the Plans and Specifications, including ail other expenses incidentai thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgement as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume ail risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shail assume ail risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f) No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is wamed that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. BID RESERVATIONS Bids submitted shail remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 9. NON-COLLUSIVE STATEMENT The form of non-collusion bidding certification contained in the proposal package must be executed by the Bidder and submitted with the proposal. The submission of this statement certifies that the prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor. 10. ADDENDA AND INTERPRETATIONS Every request for information or interpretation of the Contract Documents or Drawings must be addressed in writing to the Town Engineering Department of Southold - 53095 Route 25, P.O. Box 1179, Southold, New York 11971 or fax 631-765-9015, and to be given any consideration, must be received at least five (5) days prior to the date fixed for the opening of bids. Any such interpretations or supplemental instructions will be in the form of written addenda, and will be mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda lB - 4 INSTRUCTIONS TO BIDDERS will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 11. METHOD OF AWARD The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, and conformity with the specifications. 12. SINGLE PRICE BID ANALYSIS In the event a single bid is received, the Town will conduct a price analysis of the bid price prior to the award of the contract. 13. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. 14. LABOR LAW The Contractor and each and every subcontractor performing work at the site of the project to which this Contract relates shall comply with the applicable provisions of the Labor Law, as amended, of the State of New York. Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of Contract, Paragraph 11, which are hereby referred to and made a part hereof. 15. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as tree under the penalties of perjury. 16. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a) Comprehensive Automobile Policy (b)Comprehensive General Liability (c) Excess/Umbrella Insurance lB - 5 INSTRUCTIONS TO BIDDERS (d)Owner's and Contractor's Protective Liability (e)Workmen's Compensation Insurance (f) Disability Insurance and Unemployment Insurance 17. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. lB- 6 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CURRENT PROJECT CAN BE FOUND ON THE NEXT PAGE. A PREVAILING WAGE SCHEDULE FOR THIS CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE ~ www.labor.state.ny.us Andrew M. Cuomo, Governor Town of Southold James McMahon, Director, DPW PO Box 1179 Southold NY 11971 Colleen C. Gardner, Commissioner Schedule Year 2011 through 2012 Date Requested 03/12/2012 PRC# 2012002215 Location Project ID# Project Type 68775 Main Road Demolition and removal of a two-story wood frame house, barn and garage. Removal of misc. debris PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly supplements for the project referenced above. A unique Prevailing Wage Case Number (PRC#) has been assigned to the schedule(s) for your project. The schedule is effective from July 2011 through June 2012. All updates, corrections, posted on the 1st business day of each month, and future copies of the annual determination are available on the Department's website www.labor.state.ny.us. Updated PDF copies of your schedule can be accessed by entering your assigned PRC# at the proper location on the website. It is the responsibility of the contracting agency or its agent to annex and make part, the attached schedule, to the specifications for this project, when it is advertised for bids and/or to forward said schedules to the successful bidder(s), immediately upon receipt, in order to insure the proper payment of wages. Please refer to the "General Provisions of Laws Covering Workers on Public Work Contracts" provided with this schedule, for the specific details relating to other responsibilities of the Department of Jurisdiction. Upon completion or cancellation of this project, enter the required information and mail OR fax this form to the office shown at the bottom of this notice, OR fill out the electronic version via the NYSDOL website. NOTICE OF COMPLETION / CANCELLATION OF PROJECT Date Completed: Date Cancelled: Name & Title of Representative: Phone: (518)457-5589 Fax: (518)485-1870 W. Averell Harriman State Office Campus, Bldg. 12, Room 130, Albany, NY 12240 www. labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us STANDARD INSURANCE REQUIREMENTS TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE CERTIFICATES INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD, and that it, its agents and employees will not make claim, demand or application to or for any right or privilege applicable to an officer or employee o£ the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the owner and the contractor from claims under worker's compensation acts and amendments thereto and from any other claims For property damage and for personal injury including death, which may arise from operations under this contract, whether such operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of Certificate to be provided to the Town of Southold. DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out and maintain during the entire term of the contract any disability benefits and unemployment insurance as required by law. Copy of Certificate to be provided to the Town of Southold. GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during the life of the contract, such bodily injury liability and property damage liability insurance as shall protect him and the Town from claims for damages for bodily injury including accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to fully protect himself and the Town, but in no instance shall amounts be less than those set forth below. These amounts are specified only to establish the minimum coverage acceptable. Bodily injury liability and property damage liability insurance in an amount not less than $1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of not less than $2,000,000 (two million dollars) on account of all accidents (general aggregate). EXCESS/UMBRELLA INSURANCE: The contractor/¢endor shall take out and maintain during the life of the project an excess/umbrella insurance policy in an amount of not less than $5,000,000 (Five million dollars) each occurrence and aggregate. SIR -1 STANDARDINSURANCEREQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE: 1. Coverage shall be written on commercial general liability form. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of $ !~000,000 (one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractoffvendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: C. E. G. Name and address of insured Insurance company name Policy number Limits of liability for all policies included on certificate B. Issue date of certificate D. Type of coverage in effect F. Inception and expiration dates of policies included on certificate. SIR - 2 STANDARD INSURANCE REQUIREMENTS Description of operations/locations/etc. Box must include the statement: "THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED" CERTIFICATE HOLDER SHALL BE LISTED AS: TOWN OF SOUTHOLD 53095 ROUTE 25, P.O. BOX 1179 SOUTHOLD, NY 11971 If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR - 3 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting, Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection of Land Markers, Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, Performance Bonds, and all supplemental agreements made or to be made. ~NTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be fumished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC - 2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, beating material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall fumish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first-class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work, without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s) pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (2) (2) (3) Demolition permit Building permit Fire prevention permit Health Department/Application to construct a) b) Sanitary system including SPDES permit Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) (2) (3) NYSDEC permit(s) Town Division of Environmental Protection U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor" GC -4 Page 1 of 1 Rudder, Lynda From: Reisenberg. Lloyd Sent: Wednesday, September 19, 2012 9:48 AM To: Rudder, Lynda Subject: RE: Demolition Posted Lloyd H. Reisenberg Network and Systems Administrator Town of Southold, New York Emaih IIoyd. reisenber.q~.town.southold, ny. us Office: 631-765-1891 Cell: 631-879-1554 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Rudder, Lynda Sent: Wednesday, September 19, 2012 8:17 AH To: McMahon, James; Collins, Michael; Foote, Nancy; Standish, Jeff; Richter, Jamie; alkrupskitown@yahoo.com; Andaloro, Jennifer; Cushman, John; Doherty, Jill; Finnegan, Martin; Krauza, Lynne; Legals (cschott@timesreview.com); Ipevans@fishersisland.net; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Michelle; William Ruland Subject: Demolition Please publish in the 9/27 edition of the Suffolk Times and on the Town's website 9/19/2012 Page 1 of 1 Rudder, Lynda From: Candice Schott [cschott@timesreview.com] Sent: Wednesday, September 19, 2012 8:52 AM To: Rudder, Lynda Subject: RE: Demolition Hi Lynda, I have received the notice and we are good to go for the 9/27 issue. Thanks and have a great day! Candice From: Rudder, Lynda [mailto:lynda.rudder@town.southold.ny.us] Sent: Wednesday, September 19, 2012 8::17 AH To: McMahon, James; Collins, Hichael; Foote, Nancy; Standish, Jeff; Richter, Jamie; alkrupskitown@yahoo.com; Andaloro, Jennifer; Cushman, John; Doherty, .]ill; Finnegan, Martin; Krauza, Lynne; Candice Schott; Ipevans@fishersisland.net; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Talbot, Christopher; Tomaszewski, Hichelle; William Ruland Subject: Demolition Please publish in the 9/27 edition of the Suffolk Times and on the Town's website 9/19/2012  RESOLUTION 2012-621 ADOPTED DOC ID: 8048 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-621 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 14, 2012: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition and removal of buildings and miscellaneous debris located at 68775 Route 25, Greenport, NY {SCTM#I000-53-1-1.2)~ as per the plans and specifications prepared by Michael Collins, P.E., Office of the Town Engineer, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being dulyswom, says that on the f~ dayof (~o,.Jr~loa_~- ,2012, she affixed a notice of which the annexed printed notice is a tree 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, 53095 Main Road, Southold, New York. Demolition of buildings at 68775 Rte 25, Greenport Sworn before me this day of (~)c_4eo ~av~ ,2012. VNotary Public 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 the demolition and removal of buildings and miscellaneous debris located at 68775 Route 25, Greenport, NY 11944. Specifications for the above are available at the Southold Town Clerk's office, Monday thru Friday, 8:00 am to 4:00 pm. Sealed bids, together with a Non-Collusive Bid Certificate, will be received by the Town Clerk at the Southold Town Hall, 53095 Main Road, Southold, New York, until 10:00 A.M., Thursday, October 11, 2012, 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 informalities in any bid should it be deemed in the best interest of the Town of Southold to do so. All bids must be signed and sealed in an envelope plainly marked "Bid on the Demolition and Removal of Buildings and debris at 68775 Route 25~ Greenport~ NY" and submitted to the Town Clerk. The bid price shall not include and tax, federal, state, or local, from which the Town of Southold is exempt. Requests for additional information & all inquiries should be addressed to the Michael Collins, P.E. (631) 765-1560, Southold Town Engineering Department, Southold Town Hall, PO Box 1179, Southold, NY 11971 Dated: August 14, 2012 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON September 27, 2012AND FORWARD ONE (1) AFFIDAVIT OF PUBLCATION TO ELIABETH NEVILLE, TOWN CLERK, TOWN HALL PO BOX 1179, SOUTHOLD, NY 11971 Copies to the following: The Suffolk Times Dodge Reports Town Clerk's Bulletin Bd Town Board Members Brown's Letters Town Web Site Town Attorney Burrelle's Info Services DPW/Eng. REMOVAL. SANITARY SYSTEM TO BE REMOVED UNDER iSEPARATE CONTRACT. CONTRACTOR MUST MAINTAIN COMPLIANCE WITH NYSDEC WETLANDS PERMIT AND~ i · ALL OTHER APPLICABLE REGULATIONS. LOT 1~ DEMOLITION PLAN (Not to Scale) Manor Grove Property 68775 Main Road Greenport, New York SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)- 765 -9015 JAMES A. RICHTER, R.A. MICHAEL M. COLLINS, P.E. TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD ADDENDUM NUMBER 001: October 4, 2012 Page I of i PROJECT: Invitation to Bid - DEMOLITION OF MANOR GROVE PROPERTY Greenport, Town of Southold Suffolk County, New York Attention Bidders: During the on-site pre-bid conference, it was noted that the shingles on the two-story wood frame single family structure and the panels on the rear of the frame building adjacent to the pergola may be classified as asbestos containing material. The following information shall be incorporated into the Bid Documents for the above referenced project. PROPOSAL FORM (Page 8 of 9 of the Proposal Form Package) 4. The Contractor must remove all asbestos containing materials in full compliance with any and all applicable NYSDOH and NYSDOL rules and dispose of these materials as per NYSDEC regulations. GENERAL CONDITIONS to coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards) with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. Acceptance of the contractor's performance bond in lieu of the Contractors road-opening bond shall be at the option of the Highway Department. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner/ A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1A. GC- 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing Stale highway right-of- ways. These permits shall be obtained fzom the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury (including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the ,,::'::~letion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING~ PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be bome by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS~ OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY TOILET: The Contractor shall provide and maintain a sanitary temporary toilet. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at ali times. Upon removal of the temporary outside toilet, the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the quality of the work required, or the required rate of progress, he may order the Contractor to GC - 7 GENERAL CONDITIONS increase their efficiency or to improve their character, and the failure of the Engineer to demand any increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent sh-uctures, pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or pc~form other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times, provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EOUIPMENT: All machinery, equipment, tracks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and fumish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner, require repairing, replacing, or rebuilding, the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor falls to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights, which shall be not more than 4 feet apart. GC - 9 GENERAL CONDITIONS All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be tmsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed, remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. :;~ DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will be minimum interference with tral2ic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC- 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS~ TREES~ SHRUBS~ AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation; the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part ora structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract GC- 11 GENERAL CONDITIONS term and for six (6) years thereafter. 30. SUBCONTRACTO_~3 AND SUPPL!ERS: Within five days after receipt from thc Engineer of notice to begin work, the Contractor will finnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground, nor shall any person other than a state or coanty employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, tmless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution r:i 3as in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred et of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC- 12 CONDITIONS OF CONTRACT 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. INDEX Contract Documents and Definitions Scope of the Work Compensation to be paid to the Contractor Time of Essence Commencement of Work Time of Completion Liquidated Damages for Delays Extension of Time. No Waiver Weather Laws and Ordinances Qualifications for Employment Non-Discrimination Payment of Employees Estimates and Payments Acceptance of Final Payment Constitutes Release Construction Reports Inspection and Tests Plans and Specifications: Interpretations Subsurface Conditions Found Different Contractor's Title to Materials Superintendence by Contractor Protection of Work, Persons and Property Representations of Contractor Patent Rights Authority of the Engineer Changes and Alterations Correction of Work Weather Conditions The Owner's Right to Withhold Payments The Owner's Right to Stop Work or Terminate Contract Contractor's Right to Stop Work or Terminate Contract Responsibility for Work Use of Premises and Removal of Debris Suits of Law Power of the Contractor to Act in an Emergency Provisions Required by Law Deemed Inserted Subletting, Successor and Assigns General Municipal Law Clause Grades, Lines, Levels, and Surveys Insurance Requirements Foreign Contractors Lien Law Refusal to Waive Immunity Exemption from Sales and Usc Tax CC- 1 CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The gable of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgement of the Engineer involves changes in or additions to work required by the Plans, Specificafions and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. ~: :: 'c~ntractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended, or his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. !)!;ccted, Required, Approved, Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgement off, and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgement of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC - 2 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: 1) By such applicable unit prices, if any, as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance, payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors, additional premiums upon the performance bond of the Contractor and the use of small tools. 4. TIME OF ESSENCE 1NASMUCH AS THE PROVISIONS OF THIS CONTRACT RELAT1NG TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABL1NG THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will commence work immediately on and not later than ten (10) days after signing of the Contract. 6. TIME OF COMPLETION The time of completion of the entire contract work shall be THIRTY (30} DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC - 3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in rome are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One Hundred Dollars ($100.00) per day which amount is hereby agreed upon, fixed and determined by the parties hereto as the liquidated damages, including overhead charges, services, inspector's wages and interest on the money invested, that the Owner will suffer by reason of such default, for each and every day during which the aforesaid work may be incomplete over and beyond the time herein stipulated for its completion in 6 - Time of Completion, provided, however, that the Owner shall have the right to extend the time for the completion of said work. 8. EXTENSIONS OF TIME. NO WAIVER If the Contractor shall be delayed in the completion of his work by reason of unforeseeable causes beyond his control and without his fault or negligence, including but not restricted to, acts of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, dots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its fight to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances CC - 4 CONDITIONS OF CONTRACT controlling or limiting the Contractor while engaged in executing the work under the Contract. As a condition of the Contract, the Contractor shall and does hereby agree to comply with all requirements of the labor laws of the State of New York. The Contractor shall comply with the provisions of Sections 291- 299 of the Executive Law and Civil Rights Law, shall furnish all information and reports deemed necessary by the State Commission for Human Rights, the Attorney General and the Industrial Conunissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight (8) hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Contractor shall furnish a list of names and addresses of all his subcontractors and further provides that a violation of this section shall constitute a misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than ninety days, or both fine and imprisonment. CC - 5 CONDITIONS OF CONTRACT Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account ora contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any mason, it may be deemed advisable, the Comptroller of the State or f'mancial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making ora false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rotes established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of "Instructions to Bidders". CC - 6 CONDITIONS OF CONTRACT 11. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 12. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account of race, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 13. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. 14. ESTIMATES & PAYMENTS (a) Lump Sum: Upon the completion and acceptance of the work specified and contracted tbr, the Owner will pay the full amount, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. (b) Contractors and subcontractors are required to submit to the Town a transcript of the original payroll record, subscribed and affirmed as tree under the penalties of perjury, prior to being paid for the work under this contract. CC - 7 CONDITIONS OF CONTRACT 15. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract. 16. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner in which the Contractor proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to coordinate the work of the Contractor with work required of, and to be performed by others. The detailed schedule shall include a list of the subcontractors and material suppliers he proposes to use on the work. Prior to being eligible to receive the final payment under this Contract, the Contractor shall :,~ ish the Engineer with substantial proof that all bills for services rendered and materials supplied have b~en paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 17. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. Without additional charge, Contractor shall fumish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire ~vork, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If, however, such approval and consent shall have been given and such work is found to meet the CC - 8 CONDITIONS OF CONTRACT requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 18. PLANS AND SPECIHCATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 19. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. 20. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. 21. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be CC - 9 CONDITIONS OF CONTRACT able to read and speak the English language. 22. PROTECTION OF WORK~ PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and reqttest their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes, traffic signals or other visible devices maintained for the use of the public. 23. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the CC - 10 CONDITIONS OF CONTRACT character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 24. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation, the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 25. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and illness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, judgement, discretion or determination of the Engineer shall control or in which work shall be performed to his satisfaction or subject to his approval or inspection, shall not imply that only matters similar to those enumerated shall be so govemed and performed, but without exception all the work shall be governed and so performed. 26. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. 27. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of constmction suitable for the purpose for which they are used. Should they tail to meet his approval, they shall be forthwith reconstructed, made good and CC- 11 CONDITIONS OF CONTRACT replaced and/or corrected as the case may be, by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgement of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be flee from any defects in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 28. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 29. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgement of the Owner, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or materials for the work; (b) To protect the Owner from loss due to defective work not remedied; or (c) To protect the Owner from loss due to injury to persons or damage to the work or property of other contractors or subcontractors or others, caused by the act or neglect of the Contractor or any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims or to secure such protection. Such applications of such money shall be deemed payments for the account of the Contractor. 30. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or CC- 12 CONDITIONS OF CONTRACT (b) A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and his rights to proceed either as to the entire work or (at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed, the Contractor shall continue to work. 31. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event, the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 32. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its CC - 13 CONDITIONS OF CONTRACT completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any creme either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 33. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse, mbbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c) Before final payment hereunder to remove all surplus material, temporary structures, plants of any description and debris of every nature resulting from his operations. 34. SUITS OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in connection with the construction of the work or any part thereof, or any commission or omission of the contractor, his employees or agents of any subcontractor, and in case of any such action shall be brought against the Owner, the Contractor shall immediately take charge of and defend the same at his own cost and expense. 35. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency, which threatens loss or injury to property and/or safety of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or dmnage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by CC - 14 CONDITIONS OF CONTRACT the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 36. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall read and be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be forthwith be physically amended to make such insertion. 37. SUBLETTING~ SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 38. GENERAL MUNICIPAL LAW CLAUSE Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member, partner, director or officer of the Bidder, should refuse, when called before a grand jury to testify conceming any transaction or contract had with the State, any political subdivision thereof, a public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public Department, agency or official thereof for goods, work or services for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public Department, agency or official thereof on or after the first day of July, 1959, by such person, and by any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 39. GRADES~ LINES~ LEVELS AND SURVEYS Upon completion of the demolition and excavation work under this Contract, the Contractor shall fill all excavated areas with clean granulated fill to natural grade and restore all disturbed areas with 6" of topsoil and grass seed mix as per the project Specifications. CC- 15 CONDITIONS OF CONTRACT 40. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind (- ~:~ture, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 41. FOREIGN CONTRACTORS Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as used in this subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York. 42. LIEN LAW Attention of all persons submitting bids is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. 43. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State or of any political subdivision thereof or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without CC - 16 CONDITIONS OF CONTRACT incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 44. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision (a) paragraph (L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15) and (16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision (a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the terms real property, property and land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. (16) Tangible personal property sold to a contractor or repairman for use in maintaining, servicing or repairing real property, or land of an organization described in subdivision (a) of section 1116, as the terms real property, property or land are defined in the real property tax law; provided, however, no exemption shall exist under this paragraph unless such tangible personal property is to become an integral component part of such structure, building or real property. Contractors entering into Contract with the Town of Southold shall be exempt from payment of sales and use tax as described above. Procedures and forms are available to the Contractor direct from the Instructions and Interpretations Unit, State of New York, Department of Taxation and Finance, State Campus, Albany, New York, 12227. CC - 17 Town of Southold "Detnolition of Manor Grove Property" PROPOSAL PACKAGE BID OPENS: October 11, 2012 REMINDER NOTE!!!: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY!! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package!!! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. Notarized Affidavit of Non-Collusion as required by NYS Law. A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. Vendor Information Sheet and Address Record Form. Assumed Name Certification. Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRiNCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: ADDRESS RECORD FORM TELEPHONE: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: FAX: TELEPHONE: CONTACT: FAX: E-MAiL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: CONTACT: FAX: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid [] Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. AUTHORIZED SIGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my finn's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of peri ury, affirms the truth thereof. SWORN TO BEFORE ME THIS Signature & Company Position Type Name & Company Position Company Name Date Signed Federal I.D. Number DAY OF 20 NOTARY PUBLIC Proposal Package 6 of 9 THE PROPOSAL FORM Demolition of Manor Grove Property VENDOR NAME: VENDOR ADDRESS: TELEPHONE NUMBER: FAX: The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY Lump Sum Proposal for: Town of Southold ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID NO. (Fill in Unit Price Written in Words) QUANTITY "1 Demolition of Manor Grove Property I LS for /LS Dollars Cents 1. The Contractor shall receive the lump sum price for the demolition and removal of all structures located on the preperty and the removal of all trash and debris either located on the parcel or generated in the course of demolition activities. All excavated areas shall be filled with clean granulated fill to natural grade and all disturbed areas shall be restored with 6" of topsoil and grass seed mix as per the project Specifications. The items to be demolished include but are not limited to the following: - Removal and disposal of a two-story wood frame single family structure (980 square feet), with partial basement. - Removal and disposal of a wood frame barn (1,200 square feet), with no basement. - Removal and disposal of a wood frame two-story garage (1,360 square feet), with no basement. - Removal and disposal of a small wooden building between the garage and barn. - Removal and disposal of a 275-gallon fuel oil tank in the basement of the single family residence - Removal and disposal of a 275-gallon fuel oil tank in the barn. - Removal and dispceal of a 550-gallon fuel oil tank located in the overgrowth area south of the garage building. - Removal and disposal of a frame building, pergola and surrounding concrete. The concrete slab must be saw cut, as necessary, prior to removal to prevent damage to the adjoining state road (SR 25). - Removal and disposal of the metal & wood sign located southwest of the frame building and pergola. The metal sign supports must be excavated by hand and cut a minimum of 1' below existing grade. All excavated areas must be restored to grade with clean fill. - Decommissioning of the ce-site water supply well located in the front of the residence. - Location and decommisioning of the on-site water supply well located between the residence and the garage. - Removal and disposal of all discarded farm equipment and miscellaneous and assoded debris in and around all structures. - Any and all other minor items that may become apparent during demolition but are not specifically referenced above. No extra charges above the lump sum price bid shall be approved or paid unless the Contractor seeks and receives appreval from the Engineer prior to performing the work. 2. All costs associated with mark-out, earthwork, demolition, fill, compaction, restoration, carting fees, safety equipment, all labor, materials, equipment and incidentals necessary to satisfactorily complete the work according to the plans, specifications and/or as directed by the Engineer shall be included in the price bid for this Item 3. The Contractor must adhere to the conditions of PERMITS and is responsible for all coordination with NYSDEC, SCDHS and any other involved agencies TOTAL $ Dollars Cents Numerically WRITTEN IN WORDS PROPOSAL FORM AUTHORIZED SIGNATURE PRINT NAME TITLE DATE ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) SS.; On the day of in the year 2010 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness o£all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: FIRM NAME: PRINCIPAL OFFICE: A Corporation A Partnership or Entity An Individual PRINCIPAL OFFICERS: TITLE NAME ADDRESS BACKGROUND PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? __ why. · If so, note where and 4. Are there any claims, judgments, arbitration proceedings or saits pending or outstanding against your firm or its officers? If yes, please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years? If yes, please provide details. 6. List the major construction projects your organization has underway at this date: Name off Engineer/ Project Owner Amhitect Contract Percent Scheduled Name Telephone # Telephone # Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name off Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone # Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Individual's Name Present Type of Work Position Years of For Which In What Of Office Experience Responsible Capacity 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? 10. Bank References: 11. Trade Association Membership: 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations? If yes, when? What was the outcome of the investigation? QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF ) COUNTY OF ) being duly sworn deposes and says that he is the of contractor and that answers to the foregoing questions and all statements therein contained are true and correct. (Signature of person who signed bid) Sworn to before me this Notary Public Commission Expiration Date: day of __,2010 QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of AD Two Thousand and Twelve by and between the Town of Southold, party of the first part (hereinafter called the Owner), and , party of the second part (hereinafter called Contractor). WITNESSETH: That for and in consideration of the premises and the agreements herein contained, and the payments herein provided to be made, the parties hereto agree as follows: FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment, tools, and implements and will well and faithfully perform and complete the entire work of constructing the "Demolition of Manor Grove Property" AS DESCRIBED IN THE Contract Documents made and prepared by the Town of Southold, and (FILL IN FIRM NAME)_ , the project engineers, and as set forth in the Contractor's Bid dated , and in strict and entire conformity and in accordance with the Notice to Bidders, Instructions to Bidders, Proposal Form (Bid), Performance Bond, Conditions of Contract, General Conditions, Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto annexed and made a part hereof, and hereinafter collectively referred to as "Contract Documents". SECOND: In Consideration of the Contractor performing this Contract in the manner herein stated and as stated in the Contract Documents, the Owner promises and agrees to pay or cause to be paid to the Contractor the sums of money mentioned in said Contract Documents in the manner and under the conditions therein provided. THIRD: The Contractor covenants and agrees that, anything in this Contract or in the Contract Documents to be contrary notwithstanding, or regardless of any matter, thing, contingency of condition unforeseen or otherwise, present or future, the Contractor shall not be entitled to receive any additional or further sums of money than the amounts in said Contract Documents provided; and the failure of the Owner or its agents to insist upon strict performance of any of the terms, covenants, agreements, provisions or conditions in this Agreement or in the Contract Documents, on any one or more instances, shall not be construed as a waiver or relinquishment for the future of any such terms, covenants, agreements, provisions and conditions and the same shall be and remain in full force and effect with power and authority on the part of the Owner to enforce the same or cause the same to be enforced at any time, without prejudice to any other rights which the Owner may have against the Contactor under this Agreement or the Contract Documents. A-1 Terms used in the Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. Neither Owner nor Contractor shall, without the prior written consent of the other, assign or sublet in whole or part his interest under any of the Contact Documents; and, specifically, Contractor shall not assign any monies due or to become due without the prior written consent of the Owner. Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives of the other party hereto in respect to all covenants, agreements and obligations contained in the Contract Documents. The Contract Documents constitute the entire agreement between Owner and Contractor and may only be altered, amended or repealed by a duly executed written instrument signed by both parties. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Total Bid Dollars Written in Words $ Written in Figures TOWN OF SOUTHOLD CONTRACTOR BY Scott A. Russell, Supervisor BY TITLE BY Martin Finnegan, Town Attorney (CORPORATE SEAL) A-2 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF ) SS.: On the day of in the year 2012 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC STATE OF NEW YORK, COUNTY OF _)SS.: On the .day of in the year 2012 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be thc individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/shehhey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARYPUBLIC A-3 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facifity DEC ID 1-4738-04113 PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD, NY 11971-1179 (631) 765-1283 Facility: MANOR GROVE PROPERTY 68775 MAiN RD[SCTM 1000-53-1-1.2 GREENPORT, NY 11944 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 719.127 NYTM-N: 4551.973 Latitude: 41005'22.2'' Longitude: 72023'27.9'' Project Location: North Side Main Road Opposite Pipes Neck Road Intersection Authorized Activity: Remove existing buildings from property acquired for open space preservation. The existing Craft Shack building and Garage building will be dismantled and removed after the installation of project limiting fencing and silt fencing no more than 10 feet seaward (toward mapped Freshwater Wetlands, north & west of buildings) of the structures. The demolition work, all debris removal and all grading will be Performed inside the silt fence line f~om the fencing toward the road. The graded areas will be seeded with appropriate species of native grasses. The work shall be as shown onthe map stamped "NYSDEC Approved 7/9/12". Permit Authorizations Freshwater Wetlands - Under Article 24 Permit ID 1-4738-04113/00001 New Permit Effective Date: 7/9/2012 Expiration Date: 7/5/2022 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all Conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional permit Administrator Address: cz ~// NYSDECREGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: ~~ Date ~/~_~ Page 1 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04113 Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL. AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: FRESHWATER WETLANDS 1. Notice of Comntencement At least 48 hours prior,to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 2. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 3. Project Limiting Fence A snow fence or other temporary project-limiting fence shall be erected prior to the commencement of any activities no more than ten (10) feet west and horth of the buildings to be removed in order to prevent the inadvertent intrusion of equipment into the protected area. The fence shall be maintained until project completion. 4. Silt Screen Prior to commencement of any construction activities, a continuous line of silt screen (maximum opening size of U.S. Sieve #20) shall be staked no more than 10 feet offthe north and west sides of the buildings to be romoved. 5. Silt Screen to Be Recessed Silt screen shall be recessed six inches into the ground. 6. Maintain Silt Screen The screen shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the sereen shall be removed to an approved upland location before the screen is removed. 7. Work Area Limits Any work, disturbance, and or storage of construction materials shall be confined to the area inside the silt fence line. s. No Equipment Outside Fence Line Heavy equipment, including bulldozers, backhoes, payloaders, etc., shall not be operated outside (on the wetland side) of the silt fencing. Page 2 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04113 9. Materials Disposed at Upland Site Any demolition debris, excess construction materials, and/or excess excavated materials shall be immediately and completely disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland. These materials shall be suitably stabilized so as not to re-enter any water body, wetland, or wetland adjacent area. 10. Contain Stockpile and Disturbed Areas All disturbed areas where soil will be temporarily exposed or stockpiled for longer than one week shall be contained by a continuous line of staked hay bales/silt curtain (or other depafanent-approved method) placed on the seaward side between the fill and wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 11. Seed, Mulch Disturbed Areas All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass, and mulched with straw immediately upon completion of the project, within two days of final grading, or by the expiration of the permit, whichever is first. 12. Temporary Mulch, Final Seeding If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding shall be performed at the earliest opportunity when weather conditions favor germination and growth but not more than six months after project completion. 13. Equipment Storage 100' from Wetland, Water Body All equipment mad machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or water body at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. 14. Conformance With Plans All activities Outhorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicanfs agent as part of the permit application. Such approved plans were prepared by Town of Southold, stamped "NYSDEC Approved 7/9/12".. 15. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 16. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without exPense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, x~raove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04113 17. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. lS. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2~ Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKI50 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Freshwater Wetlands. Page 4 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04113 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to exercise all available authority to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the Stat~ of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, t~o the extent attributable to the pennittee'~ acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in · compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 0fthe New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee*s Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the p~mtittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Page 5 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738~04113 Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any fight to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. Page 6 of 6 NOTICE OF COMMENCEMENT OF CONSTRUCTION RETURN THIS FORM TO:COMPLIANCE Or Fax to: 631-444-0297 Bureau of Habitat-NYSDEC 50 Cimle Road Stony Brook, I~Y 11790-3409 CONTRACTOR NAME & ADDR(:SS: TELEPHONE: Dear Sir: Pursuant to the special conditions of the referenced permit, you ara hereby notified that the authorized activity shall commence on · We certifi/that we have raad the raferanced permit and approved plans and fully understand the authorized project and all permit conditions. We have inspected the project site and can complete the project as described in the permit and as depicted on the approved plans. We can do so in full compliance with all plan notes and permit conditions. The permit; permit sign, and approved plans will be available at the site for inspection in accordance with General Condition No. 1. (Both signaturas requirad) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE MUsT BE SENT TO THE ABOVE ADDRESS AT LEAST TWO DA YS PRIOR TO COMMENCEMENT OF THE PROJECT AND/OR ANY ASSOCIA TED ACTIVITIES. FAILURE TO RETURN THIS NOTICE, POST THE PERMIT SIGN, OR HAVE THE PERMIT AND APPROVED PLANS AVAILABLE A T THE WORK SITE FOR THE DURA TION OF THE PROJECT MA Y SUBJECT THE PERMITTEE AND/OR CONTRACTOR TO APPLICABLE SANCTIONS AND PENALTIES FOR NON-COMPLIANCE WITH PERMIT CONDITIONS. Cut alon~ this line NOTICE OF COMPLETION OF CONSTRUCTION RETURN THIS FORM TO: COMPLIANCE Bureau of Habitat- NYSDEC 50 Circle Road Stony Brook; NY 11790-3409 PERMIT NUMBER: Or Fax to: 631-444-0297 EXPIRATION DATE: PERMI'I-rEE NAME & PROJECT ADDRESS: CONTRACTOR NAME & ADDRESS: TELEPHONE: Pursuant to special conditions of the referenced permit, you are hereby notified that the authorized activity was completed on · We have fully complied with the terms and conditions of the permit and approved plans. (Both signatures requirad) PERMITEE: DATE CONTRACTOR: DATE THIS NOTICE, WITH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY, AS APPROPRIATE, MUST BE SENT TO THE ABOVE-ADDRESS WITHIN 30 DA YS OF COMPLETION OF THE PROJECT· New York State Department of Environmental Conservation NOTICE The Department of Environmental Conservation (DEC) has .iSsued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Region.a.I Permit Administrator listed below. Please refer to the permIt number shown when contacting the DEC. Expiration Date ~ ~IOTE: This notice is NOT a permit Regional Permit AdminiStrator ROGER EVANS NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION REGION I - WATER UNIT SPECIFICATIONS FOR ABANDONING WELLS AND BoREHoLES IN UNCONSOLIDATED MATERIALS 1. NOTICE Written notice is to be made to the NYSDEC Region 1 Water Unit, prior to any well abandonment. Any obstructions that could interfere with the sealing process are to be removed. All pump bowls, colunms, and other debris shall be removed from the well. Remove the upper portion of the casing to a sufficient depth below grade, such that the abandoned well does not present an obstruction to any future use of the site. Removal of the entire well casing is not necessary unless specifically required by the Department. If the entir6 casing is to be removed, a written proposal detailing the methodology to be used is to be submitted to the Department for approval, prior to commencing work. 4. SCREENED INTERVAL The portion of the well occupied by the screen must be filled with clean sand or gravel. Clean sand or gravel is defined as being relatively free of clay and organic matter. The filling should be no less permeable than the formation surrounding the screen, and shall extend no more than three feet above the top of the screen. Well screen and fill materials are to be disinfected by dissolving sufficient chlorine compound (Sodium or Calcium Hypochlofite) in the well to produce a calculated concentration of at least 50ppm available chlorine in double the volume of water contained in the well prior to emplacing fill. Blank casing sections between screens shall be grouted, in accordance with item 5 below. The entire casing, including the riser pipes and annular spaces between casings must be filled with cement grout. The cement grout shall not contain more than six gallons of water per bag. The grout shall be placed under pressure through tremie pipes to the bottom of the space to be filled in order to prevent dilution of the grout. The tremie pipe may be raised slowly as grout is introduced to the casing or hole. Placing of grout shall be continuous until grout appears at the top of the casing, at which time the tremie pipe may be removed. After the grout has consolidated, as confirmed by visual inspection, the top of the casing must be closed and sealed. Steel casings are to be sealed with a welded steel plate. PVC casings are to be sealed with a permanently affixed PVC cap. 7. SURFACE ~rELL SEAI~ Where monitoring wells are installed in manholes or curb boxes below grade, the manhole or box is to be filled with concrete after the well has been grout, ed and capped. The manhole or box cover may then be reinstalled. Where monitor wells were installed without a protective concrete collar (surface well seal), one shall be consaucted upon abandonment. The disturbed soils at the top of the well, or an area two feet in diameter and one foot thick about the top of the well (whichever is larger) shall be filled with cement concrete. For artesian wells the integrity of the casing seal must be tested prior to abandonmem. The well is to be capped for a period of one week and checked for any flow around the outside of the casing. If any flow occurs, the casing must be resealed prior to abandonment. Artesian wells are to be abandoned by pressure grouting unless an alternative methodology is proposed in writing to, and approved by, the Department. For noncased boreholes ending above the water table, abandonment is to consist of backfilling with clean fill, of no greater permeability than the formations penetrated by the borehole. Mechanical compaction of the fill may be necessary to avoid later settlement. Noncased boreholes, through or into contaminated soils, shall be abandoned in accordance with item 10 below (grouting). 10. SOIL BORINGS TO GROUNDWATER For noncased bereholes ending at or below the water table, abandonment is to consist of backfilling the area below the water table with clean fill, following the procedures in section #4 above, and then grouting the boreholes, following the procedures in section #5 above. Grouting is to continue to a point at or near the surface. Grout shall be allowed to spread into and fill disturbed soil areas about the top of the borehole, assuring a good surface seal. James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hail Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: James McMahon, Director, DPW James F. King, President Board of Trustees August 8, 2012 Demolition and Removal of House, Barn, Garage and Craft Shack and misc. debds at 53-1-1.2 The Board of Trustees reviewed the survey prepared by Nathan Taft Corwin III last dated April 23, 2012 and grants permission to demolish and remove all of the structures and debds from the above property. Please let us know if we can be of any further assistance. DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD DEMOLITION OF MANOR GROVE PROPERTY GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, PLANS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items which might affect the work under this Division. TABLE OF CONTENTS - DIVISION NO. 1 - GENERAL REQUIREMENTS Included in this Division are the following sections: 01010 General 01025 Measurement and Payment 01500 Construction Facilities & Temporary Controls 01501 Health & Safety Provisions 01502 Environmental Protection 01770 Project Closeout DIVISION 1 - Page I of 17 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed general construction for the DEMOLITION OF MANOR GROVE PROPERTY is located in the Town of Southold, located at 68775 Main Road, County of Suffolk, and State of New York and more particularly shown on the Demolition Plan. BACKGROUND The Manor Grove Property improved with a single family residence and a number of accessory buildings. The property has been acquired for preservation bythe Town of Southold and Suffolk County. Under the terms of the preservation plan, the Town is required to remove all buildings and improvements from the property. The property shall be restored to a natural state, similar to its pre-improvement condition. SCOPE The Contractor is to be advised that the residence and accessory structures are no longer in use. A pre-bid site visit is scheduled for October 4, 2012, and it is Strongly Recommended that each contractor bidding on the project attends this site visit. In general, the work shall include but not be limited to the following: · Environmental protection of all existing site conditions and utilities · Sawcutting of existing concrete and asphalt pavement · Demolition and removal of all existing asphalt and concrete pavements · Demolition of all existing structures · Removal of all oil tanks in accordance with SCDHS requirements · Abandonment of all water supply wells in accordance with NYSDEC requirements · Removal of a large metal and wood sign · Removal of all equipment, trash and debris located in and around the structures · Proper disposal of all materials generated through demolition and excavation activities at the site · Import of clean fill required to restore the site to the natural grade · Provide and install a 6" thick topsoil layer in all disturbed areas · Seeding of the 6" topsoil layer. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1. General Requirements 2. Site Work 3. Concrete (Not Used) 4. Masonry (Not Used) DIVISION 1 - Page 2 of 17 DIVISION 1 - GENERAL REQUIREMENTS 5. Metals (Not Used) 6. Wood (Not Used) 7. Thermal and Moisture Protection (Not Used) 8. Doors and Finish Hardware (Not Used) 9. Finishes (Not Used) 10. Specialties (Not Used) 11. Equipment (Not Used) 12. Furnishings (Not Used) 13. Special Construction (Not Used) 14. Conveying Systems (Not Used) 15A. H.V.A.C. (Not Used) 15B. Plumbing (Not Used) 16. Electrical (Not Used) Do The work covered under these Divisions shall be bid under one (1) separate Contract: 1. Contract A - General Construction 2. Contract B - H.V.A.C. - NOT USED 3. Contract C - Plumbing- NOT USED 4. Contract D - Electrical - NOT USED Each Prime Contractor shall be responsible for coordinating their contractual construction schedules with each other. Contractor shall submit a computer generated critical point method schedule indicating all items of work under the contract and in accordance with the Contractor's associated work. It is the Contractor's responsibility to update the schedule as required to reflect any changes in the schedule. SHOP DRAWINGS The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer may require for the approval of details and to show the construction as it will be installed. No shop drawing shall be issued or used until it has been approved by the Engineer or his representative. After approval, no changes or deviations shall be made without written notice being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from responsibility for deviations from the Drawings or Specifications unless he has, in writing, called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The Contractor shall submit Four (4) copies of each requested item to the Engineer for approval. SUPERINTENDENCE AND WORKMEN The Contractor shall give his constant personal attention to the work while it is in progress, and he shall place it in charge ora competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent DIVISION 1 - Page 3 of 17 DIVISION 1 - GENERAL REQUIREMENTS or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must rake every precaution against accidents happening to said vehicles, pedesa'ians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. GRADES~ LINES~ LEVELS AND SURVEYS Upon completion of the demolition and excavation work under this Contract, the Contractor shall fill all excavated areas with clean granulated fill to natural grade and restore all disturbed areas with 6" of topsoil and grass seed mix as per the project Specifications. DIVISION 1 - Page 4 of 17 DIVISION 1 - GENERAL REQUIREMENTS LABOR~ LAWS AND WORKMANSHIP All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction of whichever Prime Contract they are submitting a bid for as specified in the Contract Documents for a period of at least five (5) years. Bidders must fumish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau - Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of alt principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform with the latest A.S.T.M., A.W.P.A., A.S.A., N.E.C., I.E.S., etc. Specifications as may relate to or govern the construction work. CONTRACT DRAWINGS The Demolition Plan accompanying and forming part of these Specifications bears the title DIVISION 1 - Page 5 of 17 DIVISION 1 - GENERAL REQUIREMENTS Demolition Plan - Manor Grove Property, 68775 Main Road, Greenport, New York. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. Such repairs and corrective work, including the cost of making good all other work damaged by or otherwise affected by making of the repairs or corrective work shall be done without any cost or expense to the owner, and at the entire cost and expense of the Contractor, within five (5) days after notice to the Contractor. The owner may have the work done and charge the cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of such work if the Contractor fails to respond as required. END OF SECTION SECTION 01025- MEASUREMENT AND PAYMENTS DESCRIPTION The Contractor shall furnish all labor, materials, tools, equipment, appurtenances and all services necessary to perform all Work as required by the plans and specifications or as required by the Engineer, at the lump sum or unit prices for the items listed herein. Upon the completion and acceptance of the work specified and contracted for, the Owner will pay the full amount, less any money paid by the Owner by reason of said Contractor having failed to carry out faithfully and completely all the obligations and requirements herein contained. Upon final settlement, according to the conditions herein specified and not until such settlement shall have been made, will the Contractor be relieved from the obligations assumed in the Contract. END OF SECTION DIVISION 1 - Page 6 of 17 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: Temporary Controls - Barriers, enclosures and fencing, protection of the Work, and water control. Construction Facilities - Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY SANITARY FACILITIES The Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enfome all sanitary regulations and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enfome proper use of the sanitary facilities. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone-or messenger to both the Owner and the DIVISION 1 - Page 7 of 17 DIVISION 1 - GENERAL REQUIREMENTS Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. PARKING The Contractor's personnel shall not park on the main road or adjacent private side streets. PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES~ FACILITIES AND CONTROLS A. Clean and repair damage caused by installation or use of temporary work. B. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION SECTION 01501 - HEALTH AND SAFETY PROVISIONS REQUIREMENTS The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 - Occupational Safety and Health Standards, and 29 CFR 1920 - Safety and Health Regulations for Construction. 2. U.S. Envirornmental Protection Agency Medical Monitoring Program Guidelines. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or DIVISION I - Page 8 of 17 DIVISION 1 - GENERAL REQUIREMENTS about the work, or public or private property, the owner of the Engineer shall have the fight to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall be his sole responsibility to anticipate and provide such additional safety precautions, facilities, personnel and equipment as shall be necessary to protect life and property from whatsoever conditions of hazard are present or may be present. END OF SECTION SECTION 01502- ENVIRONMENTAL PROTECTION WORK INCLUDED A. The Contractor shall furnish all labor, equipment, and materials required for environmental protection during and as the result of construction operations under this Contract except for those measures set forth in other provisions of these Specifications. Environmental protection requires consideration of air, water and land, and involves noise and solid waste management as well as other pollutants. RELATED SECTIONS A. Section 01500 - Construction Facilities and Temporary Controls B. Section 02050 - Site Demolition C. Section 02222 - Clean Granular Fill APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable, DIVISION 1 - Page 9 of 17 DIVISION 1 - GENERAL REQUIREMENTS Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Specifications. SUBMITTALS A. Implementation Plan Prior to commencement of the work, the Contractor shall: 1. Submit in writing his plans for environmental protection. implementing this Section for 2. Meet with the Engineer to develop mutual understandings relative to compliance with the provisions of this Section and administration of the environmental protection program. B. Erosion and Sedimentation Plan i. The Contractor shall submit to the Engineer for approval, a detailed erosion and sedimentation plan sufficiently in advance of construction so as not to delay initiation of work. The plan shall include location and construction details of the Contractor's proposed dikes, basins, etc. In addition, the Contractor shall provide and submit his control measures for stockpile material. No site work may commence without an approved plan. Plan should conform to New York State Guidelines for Urban Erosion and Settlement Control. 2. Contractor is to size the erosion and sediment control system consistent with the NOAA Climatologically Summary data for Albany, New York. PRODUCTS GENERAL A. All materials shall be in accordance with the Contractor's plan for environment protection. MATERIALS A. Silt Fence 1. Silt fence shall be Style 1380 silt stop as manufactured by Amoco Fabrics and Fibers Company, or equivalent. B. Hay DIVISION 1 - Page 10 of 17 DIVISION 1 - GENERAL REQUIREMENTS Hay for use as erosion barrier shall be baled in rectangular bales and shall be tied with twine. C. Snow Fence Snow fence shall be vertical wood lath tied with wire. Snow fence shall be a minimmn of 36 inches in height with wood lath spaced approximately 3 inches on center. D. Burlap Burlap erosion control fabric shall be a woven landscaping fabric such as geojute, as manufactured by Belton Industries or equivalent. EXECUTION PROTECTION OF LAND RESOURCES General - It is intended that the land resources within the projects boundaries and outside the limits of permanent work performed under this Contract be preserved in their present condition, or be restored to a condition after completion of construction, that will appear to be natural and not detract from the appearance of the project. The Contractor shall confine his construction activities to areas defined on the Plans or in the Specifications except with ~vritten approval of the property owners and the Engineer. Prevention of Landscape Defacement - Limits of working areas includes areas for storage of construction material, and shall be cleared in a manner which will enable satisfactory restoration and which will not affect the environment during or after the construction period. The Contractor shall not enter beyond the working limits of the working area except with written approval of the Engineer and Owner. Location of Storage - The location of areas for storage of the Contractor's materials required temporarily in the performance of the work, shall be within the limits of the working area and shall require written approval of the Engineer prior to use. The preservation of the landscape shall be an imperative consideration in the selection of all such sites. Where temporary structures are constructed on sidehills, the Engineer may require cribbing to be used to obtain level foundation. Benching or leveling of earth may not be allowed, depending on the location of the proposed facility. Post-Construction Cleanup or Obliteration - The Contractor shall obliterate all signs of temporary construction facilities such as haul roads, work areas, structures, foundations of temporary structures, stockpiles of excess or waste DIVISION I - Page 11 of 17 DIVISION 1 - GENERAL REQUIREMENTS materials, or any other vestiges of construction. It is anticipated that excavation, filling and plowing of roadways will be required to restore the area to near natural conditions which permit the growth of vegetation thereon. The disturbed areas shall be graded and filled as required, and topsoil shall be spread to a depth of no less than 6 inches over the entire area and the entire area shall be seeded. PROTECTION OF WATER RESOURCES General - The Contractor shall not pollute streams, lakes or reservoirs with fuels, oils, bitumens, calcium chloride, acids, or harmful materials. It is the responsibility of the Contractor to investigate and comply with all applicable, Federal, State, County, and Municipal laws concerning pollution of rivers, streams and impounded water. All work under this Contract shall be performed in such a manner that objectionable conditions will not be created in streams through, or bodies of water adjacent to, the project area. Erosion - Surface drainage cuts and fills within the construction limits, whether or not completed, and from borrow and waste disposal areas, shall, if turbidity producing materials are present, be held in suitable sedimentation basins or shall be graded to control erosion within acceptable limits. Temporary erosion and sediment control measures such as berms, dikes, drains or sedimentation basins, if required to meet the above standards, and shall be provided and maintained until permanent drainage and erosion control facilities area completed and operative. The area of bare soil exposed at any one time by construction operations should be held to a minimum. Apply temporary mulch on denuded ground immediately after rough grading is completed. This shall apply to all reasons not subject to appreciable traffic during construction, even those that are to receive some form of construction later if ground is to be exposed 30 days or more. Upon approval by the Engineer, stream and drainage ditch crossing by fording with equipment shall be limited to control turbidity, and in areas of frequent crossings, temporary culverts or bridge structure shall be installed. Any temporary culverts or bridge structures shall be removed upon completion of the project. Fills and waste areas shall be constructed by selective placement to eliminate silts or clays on the surface that will erode and contaminate adjacent streams. Spillages - At all times of the year, special measures shall be taken to prevent chemicals, fuels, oils, greases, bituminous materials, waste washings, herbicides and insecticides and cement and surface drainage from entering public waters. Should a spillage into the public waters occur, the Contractor shall immediately notify the proper authorities. The Contractor will be responsible for any and all costs associated with the cleanup of spillages. Washin~ and Curing Water - Water used in embankment material processing, aggregate processing, concrete curing, foundation and concrete cleanup and other DIVISION1 - Page 12 of 17 DIVISION I - GENERAL REQUIREMENTS wastewaters shall not be allowed to re-enter the waterway if an increase in the turbidity of the waterway will result therefore. At the point where this water enters the waterway, precautions must be taken to assure that no permanent damage or serious temporary damage is caused by change of the pH factor of the stream or by introduction of nutrients or oxygen-consuming materials. Chemicals shall be adjusting pH factor, if required. Disposal - Disposal of any materials, wastes, effluents, trash, garbage, oil, grease, chemicals, etc., in areas adjacent to streams or other waterways shall be strictly prohibited. If any waste material is dumped in unauthorized area, the Contractor shall remove the material and restore the area to the condition of the adjacent undisturbed area. If necessary, contaminated ground shall be excavated, disposed of as specified hereinbefore, and replaced with suitable fill material, compacted and finished with topsoil, all at the expense of the Contractor. PROTECTION OF FISH AND WILDLIFE The Contractor shall at all times perform all work and take such steps required to prevent any interference or disturbance to fish and wildlife. The Contractor will not be permitted to alter water flows or otherwise disturb native habitat adjacent to the project area which, in the opinion of the Engineer, are critical to fish or wildlife. Fouling or polluting of water will not be permitted. Wash waters and wastes shall be processed, filtered, pounded, or otherwise treated prior to their release into streams or other waterways. Should polluting or fouling the water occur, the Contractor shall immediately notify the property authorities. The Contractor will be responsible for any and all costs associated with the cleanup of polluted or fouled waters. MAINTENANCE The Contractor shall dispose of all discarded debris, aggregate samples and concrete test samples from any source whatsoever, in a manner approved by the Engineer. Toilet facilities shall be kept clean and sanitary at all times. Services shall be performed at such a time and in such a manner to least interfere with the operations. Services shall be accomplished to the satisfaction of the Engineer. The contractor shall frequently remove material no longer required on the site, such as excess excavated material, forms, temporary structures and similar materials and equipment so that, at all times, the site, access routes to the site and any other areas disturbed by his operations shall present a neat, orderly, workmanlike appearance. Before substantial completion inspection, the Contractor shall remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description, and debris of every nature resulting from his operations, and put the site in a neat, orderly condition; and restore all areas which have been used for storage of materials and equipment, and all areas which have been disturbed by his DIVISION 1 -Page 13 of 17 DIVISION 1 - GENERAL REQUIREMENTS operations, to their original condition or to a condition satisfactory to and approved by the Engineer. DUSTCONTROL The Contractor shall maintain all excavations, embankments, stockpiles, haul roads, permanent access roads, and waste areas, borrow areas and all other work areas within or without the project boundaries free from dust which would cause a hazard or nuisance to others or contaminate surface water. The Contractor shall, at his own expense, keep dust under control at all times on all roadways and other areas adjacent to the work or on the site of the work by the use of at least once a day and at other times when directed, (including after working hours; Saturdays, Sundays and holidays), of self-loading motor sweepers, vacuums, spraying water, and a combination of these methods. Approved temporary methods of stabilization consisting of motor sweepers, vacuums, spraying water, and a combination of these methods, will be permitted to control dust. Spraying water shall be repeated at such intervals to keep all parts of the disturbed area at least damp at all times, and the Contractor shall have sufficient suitable equipment on the job to accomplish this, if sprinkling is used. Dust control shall be performed daily as the work proceeds and whenever a dust nuisance or hazard occurs. All areas undergoing excavation, grading, filling, cutting or subject to other dust- producing activities by vehicles should be subjected to dust-inhibiting practices. The use of liquid palliatives and penetrating asphalted materials will not be permitted. Anchored mulch (asphaltic binders will not be permitted) shall be applied to non-traffic areas subject to blowing as a temporary treatment. Permanent vegetation shall be established as soon as possible. Contractor shall perform his operations such that the Federal particulate standards of 15 mg/m3 of respirable dust for a 24-hour period are not exceeded at the facility property line. NOISECONTROL The Contractor shall use every effbrt and means possible to minimize or eliminate noise caused by his operation which the Engineer may consider objectionable. The Contractor shall provide working machinery, designed to operate with the least possible noise. The Contractor is responsible for maintaining compliance with all applicable noise regulations and all State and local noise ordinances. PESTICIDES AND HERBICIDES A. Where pesticides or herbicides are to be used in construction operations, data relative to restrictions on the type or types of material available and DIVISION 1 - Page 14 of t7 DIVISION 1 - GENERAL REQUIREMENTS approved for application to control or eradicate vegetation, insects or organisms shall be obtained from the State or County agriculture departments. The amount of pesticide applied shall be limited to the recommended dosage. Application equipment shall provide an even distribution of the materials in accordance with the approved rate in terms of pounds per acre. Materials delivered to the site shall be covered and protected from the elements. Contents of the containers shall not be exposed. Application equipment or empty containers shall not be rinsed and discharged to the natural drainage channel. The rinse water shall be disposed of in a manner that would not cause pollution of surface or groundwater. Should pollution of the surface or groundwater occur, the Contractor shall immediately notify the proper authorities. The Contractor will be responsible for any and all expenses associated with the cleanup of the pollution of the surface or groundwater. PROHIBITED CONSTRUCTION PROCEDURES The Contractor is advised that the disposal of excess excavated material in wetlands, stream corridors and floodplains is strictly prohibited. Any violation of this restriction by the Contractor or any person employed by him, will be brought to the immediate attention of the responsible regulatory agencies, with a request that appropriate action be taken against the offending parties. Therefore, the Contractor will be required to remove the fill at his own expense and restore the area impacted. The Contractor shall at a minimum be strictly prohibited from performing the following construction procedures: 1. Dumping of spoil material into any stream corridor, any wetlands, any surface waters, or an unspecified location. 2. Indiscriminate, arbitrary or capricious operation of equipment in any stream corridors, any wetlands or surface waters. 3. Pumping of silt-laden water from trenches or other excavations into any surface waters, any stream corridors or any wetlands. 4. Damaging vegetation adjacent to, or outside of, the access road or the right-of- way. 5. Disposal of trees, brash, and other debris in any stream corridors, any wetlands, any surface waters, or at unspecified locations. 6. Permanent or unspecified alternation of the flow line of any stream. 7. Burningofproject debris. DIVISION 1 - Page 15 of 17 DIVISION 1 - GENERAL REQUIREMENTS 8. Location of storage stockpile areas in environmentally sensitive area. 9. Disposal of excess or unsuitable excavation material in wetlands or floodplains even with permission of the property owner. 10. Discharging silty or muddy water from demucking or dewatering operations into natural water courses. END OF SECTION SECTION 01770 - PROJECT CLOSEOUT Clean-up Prior to Final Acceptance 1. Clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All basins, manholes, and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration called for in the items of the Specifications shall be complete in every detail. Remove stains, prints, paint, and soil marks of any nature from all ceilings, walls, floors, hardware, new and existing fixtures and equipment. Final Inspection 1. Upon completion of work under the Contract, notify the Owner and Engineer that work is complete and ready for final inspection. The work shall be inspected within a reasonable period of time, and list shall be prepared showing all items of work, if any, requiring correction or attention on the part of the Contractor. Upon satisfactory completion of remedial work, the Engineer will issue notification and application for final payment may be submitted in accordance with the appropriate Article of the General Conditions. Use of Completed Portion - The Owner shall have the right to take possession and use any completed or partially complete portions of the work notwithstanding that the time of completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with Contract Documents. Documents Required to be Delivered to Engineer 1. Release of liens 2. Affidavit from all Subcontractors and material suppliers for job, stating that they DIVISION I -Page 16 of 17 DIVISION 1 - GENERAL REQUIREMENTS have been paid. Affidavit that all payrolls, bills for materials, equipment and other indebtedness connected with the work has been paid. 4. Releases and waivers of liens from Subcontractors, if required by the Owner. 5. Consent of surety to final payment. Documentation from SCDHS and NYSDEC that the oil tanks and water supply wells have been properly disposed of/abandoned. Guarantees 1. Before issuance of the Final Payment, the Contractor shall deliver to the Owner the following guarantee in addition to those specifically required in the General Conditions and in the various Technical Sections of the specifications. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1) year, for longer periods where so provided for in any manufacturers literature, from the date of the issuance of the Final Certificate by the Engineer. Should any defect develop in the aforesaid work within the stipulated periods due to faulty materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. The Contractor at the expense of the Contractor shall complete such repairs and corrective work, including the cost of making good all the work damaged by or otherwise affected by the making of the repairs or corrective work, within five (5) days after notice to the Contractor by the Owner. In case the Contractor fails to do the work so ordered, the Owner may have the work done and charge the cost thereof against the monies retained as provided for in the contract and if no money is available, the Contractor and/or his sureties agree to pay the owner the cost of such work. Obtain, endorse and provide separate guarantees from sub-Contractors where called for in the various sections of this specification. END OF DIVISION DIVISION I - Page 17 of 17 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requiremems of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, PLANS, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS - DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02050 - Site Demolition 02200 - Site Preparation 02222 - Clean Granular Fill 02910 - Hydroseed 02911 - Topsoil DIVISION 2 - 1 of 9 DIVISION 2 - SITE WORK SECTION 02050 - SITE DEMOLITION & REMOVAL DESCRIPTION Under this Section, the Contractor shall supply all labor, materials, equipment and incidentals necessary to complete the Demolition work and Debris removal as specified herein, shown on the Contract Drawings and/or as directed by the Engineer. SCOPE In general, the work to be done shall include but not be limited to the following: Demolition, as referred to in this section, includes all labor, material and equipment necessary to properiy remove and dispose of all materials associated with the single family residence and accessory structures. Such materials include wood, metal, asphalt pavement, concrete, oil storage tanks, water supply wells and equipment debris and trash located in and around all structures. All waste materials generated from the site demolition shall be disposed of at a permitted facility. Off-site disposal for all demolished material and debris shall be at a facility approved by the New York State Department of Environmental Conservation. All disposal fees, permits, and incidentals associated with transportation and disposal shall be borne by the Contractor. A manifest shall be generated for all waste materials removed from the site. Any non-waste materials and/or equipment removed during demolition shall be considered for re-use, salvage or re-sale by the Contractor. Site demolition shall be limited to the area shown on the Demolition Plan. Any areas adjacent to this area that are affected by site demolition shall be restored by the Contractor at no additional cost to the Owner. The abandonment of the sanitary system serving the single family residence shall be determined separately by the Owner. Site demolition shall be conducted in a manner that protects the underlying soils and surrounding areas. The Contractor shall furnish all materials required to protect the surrounding environment while removing BASIS OF PAYMENT Payment for the above items shall be included in the single lump sum price bid for the overall project. Any waste materials disposed of off-site shall be accounted for in the form of a manifest or tracking document. END OF SECTION DIVISION 2- 2 of 9 DIVISION 2 - SITE WORK SECTION 02200 - SITE PREPARATION WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all work including, but not limited to the following: A. Environmental protection and silt fencing B. Clearing, removing and the legal disposal of all debris and miscellaneous structures not covered under other sections of these Specifications. QUALITY ASSURANCE A. The Contractor shall, at their own expense, secure utility markouts and give all legal notices that may be required in connection with the work, including the notification of owners of existing subsurface gas and other utility lines. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule #53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of' New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. PERFORMANCE A. The Contractor shall exercise diligent care to protect existing trees, shrubs and under- growth not to be removed and shall replace at his own expense any such existing plants, DIVISION 2- 3 of 9 DIVISION 2 - SITE WORK trees, shrubs or other plant material removed, destroyed, disfigured or damaged because of his negligence with similar planting approved by the Engineer. B. All wood and brush shall be legally disposed of by the Contractor at their own expense. ADJUST AND CLEAN The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. PROTECTION OF EXISTING VEGETATION Top soil cover over root systems of existing trees and shrubs shall be minimized and never exceed 6 inches in depth. Trenching across tree root systems should be a minimum distance to the tree diameter in inches, converted to feet, from the tree trunk. (e.g. 10-inch caliper tree shall have a minimum of 10 feet distance between mink and trench.) Tunnels under the root system should start 18 inches or deeper below existing grade. Tree roots, which must be severed, should be cut clean. Backfill material around roots shall be topsoil. Construct sturdy fences, wood or steel ban'iers, or other protective devices surrounding valuable vegetation from construction equipment. Place barriers far enough from tree so that all equipment such as backhoes and dump tracks do not contact tree trunk or branches. Trees shall be protected from grade to the lowest branch or 8' above grade, whichever is lowest. Material shall only be stockpiled in locations approved by the engineer. No equipment shall be parked or repaired, and no oil, gasoline, concrete or other debris shall be dumped near trees and shrubs to remain. At the end of each workday, all debris shall be removed and disposed of off-site. Obstructive and broken branches should be pruned properly. The 3 cut method should be used on all branches larger than two inches at the cut. The branch collar on all branches whether living or dead should not be damaged. First cut the underside of the branch partly through 6 inches or more from tree. Cut through the branch 2 inches or further out from trunk. The final cut should be made by placing the shears or saw in front of the branch bark ridge and cutting downward and slightly outward. Do not paint the wounds. Any trees damaged during construction shall be repaired by an approved tree surgeon. Any tree erroneously removed or damaged beyond satisfactory repair shall be replaced with the same species, 6 inches in caliper, which shall be balled, burlapped and platformed and planted at the direction of the Engineer. DIVISION 2- 4 of 9 DIVISION 2 - SITE WORK Where cuts expose or affect root systems of trees, the exposed roots shall be cut off cleanly and such areas shall be backfilled with topsoil as soon as practicable and shall be watered and protected from further damage. END OF SECTION SECTION 02222 - CLEAN GRANULAR FILL DESCRIPTION Under this Item, the Contractor shall furnish, place and compact clean granular fill material in accordance with the plans and specifications and/or as directed by the Engineer. MATERIALS Clean granular fill shall be sound, hard, durable bank mn sand and gravel. Gradation shall be as follows as determined by ASTM D422 Testing Methods Sieve Size Percent Passing by Weight 1 -inch 100% No. 40 0-70% No. 200 0-10% The Engineer reserves the right to randomly test for conformance any material that arrives at the site. All costs associated with laboratory testing of the material shall be borne by the Contractor. SUBMITTALS The Contractor is responsible to submit gradation test results for the proposed fill prior to delivery of the material on site. The Contractor is responsible for all cost associated with collection, transportation and laboratory testing of the granular fill to ensure conformance to the proposed specifications. Included in the test results must be the location in which the material was generated from. CONSTRUCTION DETAILS The Contractor shall furnish and place clean granular fill material as directed by the Engineer. The fill material shall be placed in 12" lifts and thoroughly compacted with a vibratory tamper/roller or other approved means. The fill material shall be compacted to 95% of maximum density at optimum moisture content in accordance with ASTM D698 Standard Proctor. All testing fees shall be borne by the Contractor. BASIS OF PAYMENT DIVISION 2- 5 of 9 DIVISION 2 - SITE WORK Payment for the above items shall be included in the single lmnp sum price bid for the overall project. END OF SECTION SECTION 02910 - HYDROSEED DESCRIPTION The Contractor shall furnish all labor, and materials, equipment and incidentals necessary to apply hydroseeding, amend the soil and establish an acceptable stand of grass within all disturbed areas of the site, as approved by the Engineer. SUBMITTALS The Contractor shall submit to the Engineer all items described in subsequent sections as outlined by the following schedule: A. Prior to hydroseeding material delivery to the project site: 1. Certified seed mixture. 2. Certified soil amendments, i.e. fertilizer, lime, peat moss, etc. as required per Agricultural Laboratory recommendations. The Contractor shall submit the report to the Engineer. 3. Certified wood fiber mulch. B. Upon completion of hydroseeding: 1. Maintenance instructions for Owners maintenance after final acceptance. 2. Statement of warranty (1 year maintenance) MATERIALS A. The seed mixture should be as follows: Per Acre: 60 pounds Reliant II Hard Fescue 20 pounds Little Bluestem"Aldous' or "Blaze" PLS (Pure Live Seed) 10 pounds Jamestown Il Chewing Fescue 10 pounds Azure Blue Fescue 50 pounds Annual Rye 5 pounds Switchgrass DIVISION 2- 6 of 9 DIVISION 2 - SITE WORK B. All fertilizer and lime shall be ofcommemial grade. C. A 100% wood fiber mulch binder should be incorporated into the seed mixture at a rate of 1,200 pounds per 150 pounds of seed. D. The 100% wood cellulose fiber mulch binder should meet the following requirements: Organic Matter 98% 4-2% Ash Content 1.4% pH 64- 2 Water Holding Capacity 90% minimum METHOD OF CONSTRUCTION A. Any existing vegetation determined by the Engineer to be unsuitable shall be removed by the Contractor prior to installing jute or erosion control mat. Hydroseed should be applied at a rate of 150 pounds of seed mixture per acre. B. Seeding shall be done between April 15th to June 15th or September 1st to November 15th. C. Soil amendments shall be granular type incorporated into the top three inches of soil. The Contractor may utilize liquid type with manufacturer's certification and Engineer's approval. D. The manufacturer's representative and/or installation guidelines should be consulted for more specific installation guidelines. E. Seeding: Every effort shall be taken to obtain a uniform distribution over the seeded area. The hydroseeder shall have continuous agitation action that keeps the seed mixed in the water slurry until pumped form the tank and the pump pressure shall be maintained such that a continuous pump pressure shall be maintained such that a constant non-fluctuating stream is maintained. If distribution of hydroseeding is not uniform, the affected area shall be re-seeded at the Contractor's expense. The seed-fertilizer mixture shall be used within 4 hours of adding the seed to the tank. Seed that is allowed to remain mixed with the fertilizer for longer than 4 hours will not be accepted for use and no compensation will be made for seed so rejected. F. Maintenance of Grass: The Contractor shall maintain the seeded area without additional payment until a uniform stand of grass approximately two and one-half (2-1/2) inches high has been obtained. Any areas that have been damaged or fail to show a uniform stand of grass shall be re-fertilized and re-seeded with the original mixture at the Contractor's expense until all the designated areas are covered with grass. The Contractor shall properly water, protect if necessary the areas until a satisfactory stand is obtained. G. When any portion of the surface becomes gullied or otherwise damaged, or when treatment is destroyed, the affected portion shall be repaired to re-establish condition and grade of soil and treatment prior to injury as directed at no additional cost to the Owner. DIVISION 2 - 7 of 9 DIVISION 2 - SITE WORK Repair work required because of faulty operations (delays) or negligence on the part of the Contractor shall be performed without additional cost to the Owner. The Contractor shall make any repairs as directed by the Engineer before final acceptance. BASIS OF PAYMENT Payment for the above items shall be included in the single lump sum price bid for the overall project. END OF SECTION SECTION 02911 - TOPSOIL DESCRIPTION The Contractor shall furnish all labor, materials, equipment and incidentals necessary for hauling, stockpiling, testing, placing, grading, and compacting of topsoil in accordance with the Specifications and the Engineer. The Contractor shall stockpile and use existing onsite topsoil (amend as required) and if needed use topsoil from offsite sources. SUBMITTALS The Contractor shall submit to the Engineer the following for topsoil from both onsite and offsite sources: Test results and recommendations for modifying soil by an approved agricultural laboratory. · Test results including percentage of nitrogen, phosphorus, potash, soluble salt content, organic matter content, pH value and gradation. MATERIALS Topsoil shall be the surface layer of soil with no admixture of refuse or material toxic to plant growth and shall be free from subsoil, stumps, roots, brush, stones, clay, lumps or similar objects larger than 2" in greatest diameter. The organic content shall not be tess than 5% nor more than 20% as determined by loss on ignition of moisture free samples dried at 100 degrees. The pH of the topsoil shall be between 5.5 and 7.6. All topsoil shall meet the following mechanical analysis: DIVISION 2 - 8 of 9 DIVISION 2 - SITE WORK Percent Passing 1" Screen 100 ¼ Screen 65-90 No. 100 mesh 20-80 No. 200 mesh 20-80 No more than 60% of the material passing the No. 100 mesh sieve shall consist of clay, as determined by the Bouyocous Hydrometer or by the decantation method. All percentages shall be based on dry weight of samples. CONSTRUCTION DETAILS No topsoil shall be spread until the topsoil has been approved by the Engineer. The Contractor shall supply all required equipment and personnel necessary to scarify, rake and fine grade topsoil. Raking shall be performed at a minimum to the top 2 inches of soil. The Contractor shall rake and fine grade all topsoiled areas. All equipment tracks, depressions, etc., shall be graded smooth. The Contractor shall amend soil as required to the recommendation of an agricultural laboratory. BASIS OF PAYMENT Payment for the above items shall be included in the single lump sum price bid for the overall project. END OF SECTION DIVISION 2 - 9 of 9