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HomeMy WebLinkAboutHighway Building - Storage Southold Town Board - Letter Board Meeting of July 29, 2014 n RESOLUTION 2014-651 Item # 5.24 ADOPTED DOC ID: 9999 A THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-651 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2014: RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Fetterville Sales in the amount of$29,750.00 for the construction of the Fetterville Building at the Town's Highway/DPW Yard and be it further RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to sign a contract with Fetterville Sales for same, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 30, 2014 Page 34 o�oSUFFOtI-Co ELIZABETH A.NEVILLE,MMC �� G9*1 Town Hall,53095 Main Road TOWN CLERK % P.O. Box 1179 c�/� Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q .tC Fax(631)765-6145 MARRIAGE OFFICER 'f'�O aQ�' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER s `�► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 20, 2014 Richard LoDuca Loduca Associates 926D Lincoln Avenue Holbrook,NY 11741 Dear Mr. LoDuca: At the regular Town Board meeting held on July 29, 2014, the Town Board rejected all bids for the Fetterville Building. A certified copy of the resolution is enclosed. Your bid deposit is being returned to you. Thank you for your bid. Very truly yours, rn Lynda M Rudder Deputy Town Clerk Ens. o�OSUFFoc4-co ELIZABETH A.NEVILLE,MMC h� G.j, Town Hall,53095 Main Road TOWN CLERKp P.O.Box 1179 H 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .F Fax(631)765-6145 MARRIAGE OFFICERy RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 20, 2014 Donald O'Hanlon Carter-Melence Inc PO Box 907 Sound Beach NY 11789 Dear Mr. O'Hanlon: At the regular Town Board meeting held on July 29, 2014, the Town Board rejected all bids for the Fetterville Building. 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. Southold Town Board - Letter Board Meeting of July 29, 2014 RESOLUTION 2014-649 Item # 5.22 ADOPTED DOC ID; 9997 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-649 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2014: RESOLVED that the Town Board of the Town of Southold hereby rejects any and all bids received on July 24, 2014 pursuant to the bid for the erection of a Fetterville building at the Town's Highway/DPW Yard, tq,� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 30, 2014 Page 32 o�Og�FFO(�-�o ELIZABETH A.NEVILLE,MMIC ��► l/y Town Hall, 53095 Main Road TOWN CLERKC P.O.Box 1179 CA = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS S Fax(631)765-6145 MARRIAGE OFFICER 'y� 0`' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICEROl `�►� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD BID OPENING 2014 Erect Fetterville Building Bid Opening 7/24/14 2:00 P.M. Two (2) bids received Item # 1 Item # 2 Total Carter-Melence Inc $64,000.00 $15,000.00 $79,000.00 Donald O'Hanlon PO Box 907 Sound Beach NY 11789 Loduca Associates, Inc. $85,397.00 $27,412.00 $112,809.00 926D Lincoln Avenue Holbrook NY 11741 i r =AIA Document A31OTM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place LoDuca Associates,Inc. of business) 926D Lincoln Ave U.S.Specialty Insurance Company Holbrook,NY 11741 600 Lexington Avenue 22nd Floor This document has important legal New York,NY 10022 consequences.Consultation with OWNER: an attorney is encouraged with (Name,legal status and address) respect to its completion or modification. Town of Southold 53095 Main Road Any singular reference to Southold,NY 11971 Contractor,Surety,Owner or BOND AMOUNT: 5%Five Percent of Amount Bid. other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Fetterville Storage Building. The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this y�21st day of July,2014 LoDuca Associates Inc. f � � (Princi (Seal) (Witness) (Title U.S.S ialt urance Company (Seal) (Witness) it e) JoseM Tantillo Attomey-In-Fact Init. AIA Document A310*"—2010.Copyright©1963,1970 and 2010 by The American Insiituie of Architects.All rights reserved. 1 061110 _ ,IIS IIII — t — _ II IIIII�I Ipllll IIII 'lll�lll illl�jl II�' IIII IIII �I i� IIII III II _ POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KN4)W ALL MEN BY THESE PRESEN' S, Ian Contractors Indemnity Com any alifornia corporation,Uni#ed #ates amWNnW tcaa Maryland °" �I�n�ll' Inc'lll�ll�� hI ecial Insuratas £o oration c�IY1 �e _ 9I IIIII � III Il�p ' IP . ieothese presen'I1ulylle,llTbri fi$u!III�I I,II arpoint: — - _ — — — Joseph M.Tantillo,Christopher Catera 93 its true and lawful Attorneys)-in-fact,each in their separate capacity if more than one is named'above,with full power and authority h ere by conferreclt its name lace and shad,tritcucknowled e and derive an ,l, , all Ands;recognizanCes,iinsiers t p g Q III. i ' III I I I, � other irrstrnni nts or'contracti u�re tii ude riders, ail l �ts�l n IIII sof surety; i b set _ * d* ,I nl + �riocceed = nlimteI "I II �I , IIII� I'��;�Ilu . IoIlars ( ' ft "`� — Power of Attorney shall`expr a ut f el action on December d 11�I Ii. 1,II I ' ower of Attorne} is gran– =tMer by authority of theafoticiwing resolutions adopted by the Boards of Directors of the Companies: Bill Re ofuec that the President,any vice Psesidei�4 any Assistant Vice President,any Secretary ar any Assistant Secretary shall bi and is hec shy=vested'with full pour and authoxrtxto appoint any one or snore suitable persons as Attomey(s)-in-Fact to represent and aet for and on behalf of the Carnpariy snbl to the faItaw�ng I I Illllll; I��IIII lij( _ _ III it ��I�uI II� IIII�I IIIV *' *� a- ven full we; tfi �r a �r# �e of and on beha np ,tc€ � tcCknawted;e and de eve �r� ancl33r1 bons=_ taget os;ma ea es op en o, ontracts,and any and`aWm� rl&um6dt�s pony theteunde and airy§ucb instruments sa ex ecuted by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and'sealed_and effected by the Corporate Secretaiy:� Be it R 61vm4Ahaf a signature ofarty.authorized-officer and seal of the Company heretofore or hereafter affixed to any power.tif attomey or any certificate ielaung thereto by fa±ictmd and any power of attorney or certificate beannwfacsimile signature or facsimile seat Sha 4 e vale 1 d bindingupon tho Companyr ih cermet to — eal_tnt)=sttu�dertaCowhichttisattaehed= �l�lll�il�lli �j�jijjlIll��jl �I'I� 'lll�� Ilk�l III t l >3SS�f ItEOF,The�a e�ta�e�ns�ttrrs instrument to n at 4111 i�l r��ate seals to b to n���� III` AMERICAN CON 1 RACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY IIIIIT 1 �I wh 1� l u4 IIII II II !a I11 � _ — — — � , c ML 3 ca _ ' iRamon+�+sas �Ffi »eat`-, � Daniel P.Aguilar,Vie f'residenf r.3td' .� ailnia Countyl o,teles ' SS: — IIIII� `rte }n tit ay-- 7gQmbei' 2012,> r t���igftt,a notary pub�l�� 'a11���a �I �ct I�iiiel P Agu; etre® o� 4nericanoxitrtctors,Intlemni �,United Sues Su Corn any"' tylll'pl l!' Ilr S 'Ictal I`1lnsuraxi Ca an= ed fo me pan Y p pe ty, Prov on the basis of satisfactory evidence to be the person whose name is subscribed to the within-ins trument and acknowledged to me that he executed the same in his,authorized capacity,and that by his signature on the instrument the person(s),or the-entity-upon behalf of which thelaersons}acted,executed the instrument III 'III III �'l IIS u, I�� IijllAR JRFArti ui W ALTY OF PFl II I�Iyn'ni�r l ,l l I,II Ibf the State of a i araia int t thre ing paragraph tt tie an £s�rrect� �" ] l nand official 3 I'I IIIIIIIII�IIII il�l,ll - Cpnxniti�air Signature m (Seal) Los * Comm t»c if.2titi# ;'ill ret 'Com anv, c� J, annieFe� ssistant Secretary oAnriea&Cantrars indemnity Go»ipai�yillJni tatII III IIII IIII y p - tstirance Iwmpa do hereby ce i�hatheb arii �regoing is a i Ie Ick oil ct Itr1{ly of a Power of �� eecf� aai Companies,which is still in ti�foTc tid t; iirtherrnore,the res i'Itxtiu ts�l f t"11,196h ' ards of Directors,set o t Power r Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Los Angeles,Calif`o.^nia this day 0f1`a - - _ IIII - orporW�&ars gpCTOR' S SUR ,.o•�.Aswan..., ^\4qA _ .....,/,yo �Yl ,� ,Ty .��a: •.°ate Bond No: F� �° 3 Jeanine Lee, ssistant Secretary acexrour€o 3 s Agency No 12202 '�:°„'° _ a� Y o � jl - ill II III. III - _ � " I I ,- U.S.SPECIALTY INSURANCE COMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES,CAPITAL AND SURPLUS(1) December 31,2013 Admitted Assets Liabilities and Capital and Surplus Investments: Liabilities: Fixed Maturities,at amortized cost 1,610,979,131 Unpaid loss and loss adjustment expense 974,999,583 Common stocks 153,621,416 Commission payable 10,962,910 Cash and short term Investments 6,072,697 Accrued expenses 4,449,770 Receivable for securities 19,379 Taxes,licenses,and fees 2,723,093 Total cash and Invested assets: 1,770,692,623 Federal income tax 2,802,073 Unearned premiums 266,077,282 Advance premium 11,473,367 Dividends to policyholders 157,480 Ceded reinsurance balance payable 57,928,358 Funds held under reinsurance treaties 12,956,012 Amounts withheld or retained for others 64,945 Provision for reinsurance 141,342 Accrued interest income 17,944,263 Payable to parent,subsidiaries and affiliates 2,592,504 Premium receivable 79,891,095 Payable for securities 952,845 Recoverable from reinsurers 13,093,456 Total liabilities 1,348,281,564 Net deferred tax asset 38,476,641 Furniture and equipment 576,851 Capital and Surplus: Receivable from parent,subsidiaries and affiliates 7,914,554 Capital Stock 4,200,000 Additional paid-in and contributed capital 187,586,442 Unassigned surplus 388,521,477 157,896,860 580,307,919 Total admitted assets 1,928,589,483 Total liabilities and capital and surplus 1,928,589,483 (1)-In accordance with the statutory financial statements as filed on March 1,2014. I,Stephen P.MacDonough,Chief Financial Officer of U.S.Specialty Insurance Company,hereby certify that to the best of my knowledge and belief,the foregoing is a full and true Statutory Statement of Admitted Assets,Liabilities and Capital and Surplus of the Company as of December 31,2013,prepared in conformity with accounting practices prescribed or permitted by the Texas Department of Insurance. The foregoing statement should not be taken as a complete statement of financial condition of the Company. Such a statement is available upon written request at the Company s home office located at 13403 Northwest Freeway,Houston,Texas 77040. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of the Corporation at Houston,Texas. 9,4. P. &_a. Stephen P.MacDonough Chief Financial Officer State of ss. r County of E ai V On this day of ,20_,before me personally came o d is o to be known, 9 t: Y and known to me to be the Individual described In and who executed the foregoing Instrument,and acknowledged to me that he executed the a same. My commission expires Notary Public ------------------------------------------------------------------- State of ss. dCounty of E On this day of ,20_, before me personally came F a► U. ; to be known to me 0 e v a to be a member of the firm of described In and who executed the foregoing instrument,and he thereupon acknowledged to me that he executed the same as and for the act and deed of said firm. My commission expires Notary Public ------------------------------------------------------------------- State of - 1 r }ss. d County of .°-, o► On this 2.4 day of ,20"fes before me personally came 'a Q, c � t✓L,�-+w, v c✓L to be known to me V Y Q 6 who being by me duly sworn,did depose and say that he Is the Of 4 60 C✓{- /SSD c the corporation described in and which executed the above Instrument that he knows the seal of said corporation;the the seal affixed to said In I W. ab 50 al xed by order of the Board of Directors of said corporation,and that he signed his name r 1C,STATE OF NEW YORK Reg. NO,01 BA62876321 c M y CommWslon s ust 12,2017 -----Notary Public State of New York Suffolk ss. C County of f ra On this day of 20,4 , before me personally came U) o. U S Specialty Insurance Company to be known,who,being by me duly sworn,did depose and say that C X Joseph M Tantillo Q he is attorney-In-fact of the corporation described in and which executed the above instrument;that he knows the corporate seal of said corporation;that the seal affixed to the within Instrument is such corporate seal,and that he signed the said Instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resoluttons thereof. Christopher P Catera Notary Public,State of New York No.O1CA6176842,Suffolk County My commission expires Commission Expires,Nov 5,20L- FORM#13 4Notaryblic r THE AMERICAN INSTITUTE OF ARCHITECTS so AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we CARTER-MELENCE, INC. 104 New York Ave. Sound Beach,NY 11789 as Principal, hereinafter called the Principal, and International Fidelity Insurance Company One Newark Center 20th Floor Newark,NJ 07102 a corporation duly organized under the laws of the State of NJ as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Southold 53095 Route 25 Southold,NY 11971 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount-------------------------(5.00%), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Fetterville Storage Building. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 24th day of July 2014 CARTER-MELENCE INC. (Principa (Seal) (Witne ) (Title) Don ld J. O'Hranlonl President Internation Fidelity Insurance Company (Sure (Seal) (Witness) (Title) Edmund J. Bergd%si,Attorney-in-Fact ACKNOWLEDGEMENT OF PRINCIPAL,IF A CORPORATION STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On the 24th day of July in the year 2014 ,before me personally came Donald J. O'Hanlon to me known,who,being by me duly sworn, did depose and say that(s)he resides at Miller Place, NY that he/she is the President of CARTER- MELENCE,INC. ,the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. W Ait/J Gary na Notary Pubis-, SAL-) cl York Notary Public No.4971"717 Cualif€ad in suio',k CourAY Commission Expires 00/11/ ACKNOWLEDGEMENT OF PRINCIPAL,IF A PARTNERSHIP STATE OF )ss: COUNTY OF ) On the day of in the year ,before me personally came to me known and known to me to be a member of the firm , described in and who executed the foregoing instrument,and he/she duly acknowledged to me that he/she executed the same for and in behalf of said firm for.the uses and purpose mentioned therein. Notary Public ACKNOWLEDGEMENT OF PRINCIPAL,IF AN INDIVIDUAL STATE OF ) ss: COUNTY OF ) On the day of in the year , before me personally came to me known and known to me to be the person described in and who executed the foregoing instrument, and he/she duly acknowledged to me that he/she executed the same. Notary Public ACKNOWLEDGEMENT OF SURETY STATE OF NEW YORK ) COUNTY OF WESTCHESTER)ss; On the 24th day of July in the year 2014 ,before me personally came Edmund J. Bergassi to me known,who,being by me duly sworn,did depose and say that he/she resides at New Rochelle,NY ,that he/she is the Attorney-in-Fact of International Fidelity Insurance Company ,the corporation described in and which executed the above instrument; and that he/she signed her/his name thereto by order of the Board of Directors of said corporation. Q��'L Waw Notary Public P Ti-11aA A MALONEY Notary PL01f c, itate of New York _..0 t MA5t 54561 0,,taa`;i;ad iii`Tl stchester County pires October 23,2034 INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER,20TH FLOOR,NEWARK,NEW JERSEY 07102-5207 STATEMENT OF ASSETS,LIABILITIES,SURPLUS AND OTHER FUNDS AT DECEMBER 31,2013 ASSETS Bonds(Amortized Value) .............. ... ... . ............ ... $31,509,516 Preferred Stocks(Market Value) ..... ....... ... ....... ..... ..... 500,000 Common Stocks(Market Value) ....................... ....... .. 72,911,462 Mortgage Loans on Real Estate . ....... ..................... ..... 1,647,030 Cash,Bank Deposits k Short Term Investments ..................... 93,684,839 Other Invested Assets ............... ........ . ............... 318,354 Unpaid Premiums&Assumed Balances .. ........................ 11,732,240 Reinsurance Recoverable from Reinsurers ......................... 2,478,315 Electronic Data Processing Equipment............................ 219,074 Investment Income Due and Accrued ..... ....................... 319,691 Net Deferred Tax Assets ......... ......... 5,399,057 Health Care and Other Amounts Receivable ...................... 26,890 Receivables from Parent,Subsidiaries&Affiliates ................... 387,293 OtherAssets .............................................. 12.158.440 TOTAL ASSETS................................... 5233.292.201 LIABILITIES,SURPLUS do OTHER FUNDS Losses(Reported Losses Net as to Reinsurance Ceded and Incurred But Not Reported Losses) ............... ............... $5,552,281 Reinsurance Payable on Paid Losses and Loss Adjustment Expenses ...... 4,143,085 Loss Adjustment Expenses .................................... 4,346188 Commissions Payable,Contingent Commissions&Other Similar Charges.. 5,653,291 Other Expenses(Excluding Taxes,Licenses and Fees),,,,,,,,,,,,,,,,, 5,787,847 Taxes,Licenses&Fees(Excluding Federal Income Tax) ............... 473,850 Current Federal and.Foreign Income Taxes ........................ 417,364 Unearned Premiums ............................... ......... 35,500,215 Dividends Declared&Unpaid:Policyholders....................... 922,379 Ceded Reinsurance Premiums Payable ........................... 4,167,182 Funds Held by Company under Reinsurance Treaties............ ..... 1,031 Amounts Withheld by Company for Account of Others ............... 59,435,171 Provisionfor Reinsurance..................................... 2,667 Payable to Parent,Subsidiaries and Affiliates.. ... ................... 104,335 OtherLiabilities ........................................... 4,975 TOTAL LIABILITIES ............................ $126.511.861 Common Capital Stock....................................... $1,500,000 Gross Paid-in&Contributed Surplus............................. 374,600 Surplus Notes ............................................ 16,000 000 Unassigned Funds(Surplus).................................... 92,680,339 Less:Treasury Stock at cost(83,880 shares common)(value incl.$45.) ..... 3.774,600 Surplus as Regards Policyholders ................... $106,780,339 TOTAL LIABILITIES,SURPLUS do OTHER FUNDS...... $233.292.200 I,Francis L.Mitterhoff,President of INTERNATIONAL FIDELITY INSURANCE COMPANY,certify that the foregoing is a fair statement of Assets,Liabilities,Surplus and Other Funds of this Company,at the close of business,December 31,2013, as reflected by its books and records and as reported in its statement on file with the Insurance Department of the State of New Jersey. TY IN TESTIMONY WHEREOF,I have set my hand and affixed the 2 im seal of the Company,this 251h day of February,2014. low INTERNATIONAL FIDELITY INSURANCE COMPANY l��C' '�<.i. '4' a��-'E}.....jc E r'�a-,� r.: .pry �i s+4 t'' .. ., .a.{ ems. - < ; ...+� �.,3}. X 9s.:a w' ;*� '=c$z"r C> s �?§ ''� 'e , .,J ",`;,r g -' -kgs` : VENDOR NAME: Zo Dwg-A A�sotj4- y s VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: W ev /?0'03 IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: `o D�`A AsSoG•� s Tw�c. LIST 11 PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) QI\yc"VIVNA D 4..4.c 0—QC. LIST OFFICERS AND DIRECTORS: RNAME I ` TITLE � 1 \ CN '''�D l,o ?A,,-! , J,: J} If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Loyi..-A ASSoc.cAos zwg , ADDRESS: q26 'Z� L,Ncotm {yue, Wlzv«ok ,W 117q/ CONTACT: Rts-�,o d L G b L.c,q TELEPHONE: �3�- Jr61-3� yy FAX: 0)- 50- 337/ E-MAIL: Qct.��Q.Laac.c�q �C , GO•v� ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: Le*D(►cA Axroc,c." Zk'L 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 N�( Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER. A 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 firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof. SWORN TO BEFORE ME THIS Si�ure&Company Position Richard LoDuca, President s� DAY OF 20�4 Type Name&Company Position LoDuca Associates Inc. 4111 JAU nj Company Name NOTARY P BLTC LAURA M.SAUMANN Date Signed NOTARY PUBLIC,STATE OF NEW YORK Reg. No.01 BAS287632 Qualified in Suffolk County Federal I.D.Number my Oomrri�ssion Expires August J2.2017 Proposal Package 6 of 9 THE PROPOSAL FORM Fetterville Storage Building VENDOR NAME: Lebmo► R.s$aUa�m� ZNc VENDORADDRESS: 9a.lo © (.,wce1N lith; ctpy- �0�1�I 11 7� 1 TELEPHONE NUMBER: FAX: G31-567.33 7/ The undersigned bidder has carefully examined the Contract Documents and will provide all necessary labor, materials, equipment and incidentals as necessary and called for in the said Contract Documents in the manner prescribed therein and in said Contract, and in accordance with the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form. If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, the bid must be signed by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid documents. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipalities bid on contracts, but only that such interest be revealed when they do bid.) The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please write N/A below): Addendum No. Dated Proposal Package 7 of 9 TOWN OF SOUTHOLD FETTERVILLE STORAGE BUILDING 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 Construct Fetterville Storage Building ` 1 LS 31-7- 00 for*►%W -SAu,&u is abA-x4m c"WLS Dollars Cents Furnish and Install 6"Steel Reinforced 2 Concrete Floor Slab 1 LS 271 1 O C> for;,Ave, uuat%a«I Lcm ca.oks /LS Dollars Cents TOTALOWa. c• c4 $ 0r S Dollars Cents Numerically WRITTEN IN WORDS PROPOSAL FORM z AUTHORIZED SIGNATURk PRINT NAME TITLE (P(`c,S,[�i,.,� DATE -7 ' ;2'f ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF Sy T--r--o I K ) ss.: On the v_day of 3 v�-\-N in the year 2014 before me, the undersigned, personally appeared, P) <wV%r,,c k-.Nhfl1W , 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. �hd I�J(A N , 10 31 LWVC NOTARY PUBLIC LAUA M.BAUMANN NOTARY PUBLIC,STATE OF NEW YORK Reg, No.01 BA6287632 00altt cl In Suffolk County MY btlan 42,.2W 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: 21 C' .� to b., .A A Co oration A Partnership or Entity FIRM NAME: Lo'Dt-V-A ASsoc..c "s. "Tv,.c- An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1're.S d A- Z,ok-4 Labo,-LA, U6, NY Gea" Com4--oxAev- 1. How many years has your organization been in business under its present business name? 3 o y eo. 2. You normally perform what percent of the work with your own forces? 0 % List trades that you organization normally performs below: G tNtecl �0�1�ec C�� / 3. Have you ever failed to complete any work awarded to you? Nb . 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. V4 QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes,please provide details. NO 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone# Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci G> 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? Y S 10. Bank References: J Ate► 610 �r�cw scN. 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? S 2c�CO V �o l 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 1`.•01— Y&IA t ) COUNTY OF S 'Fol C ) R ' t 4 c being duly sworn deposes and says that he is the of L_o „ d&.6c--T,..P contractor and that answers to the foregoing questions and all statements therein contained are true and correct. Si son who signed bid) Sworn to before me this Z!( day of J- 2014 Notary Public Mtff& Commission Expiration Date: NOTARY PUBLIC,M.BAUMANN BI.IC,STATE OF NEW YORK Reg. No. 01 BA6287632 Qualified in Suffolk County M Comm(asion Ire$ ust 12 2017 QS-4 Job# Contract Name of Project Year Name&Address of Owner Synopsis Amount Completed New York City Department of Design and Construct new Aquatic Animal 2006 $ 4,018,635.00 Aquatic Animal Hospital Facility 2007 Construction Hospital at New York Aquarium Coney Island Long Island Rail Road 2005 $ 348,000.00 Forest Hills Station 2008 Contracts and Planning Wrought iron Architectural Fence 90-27 Sutphin Blvd Installation Jamaica NY 11435 Long Island Rail Road Contracts Replace 3 Aluminum Platform To 2203 $ 510,000.00 Wantaugh Station Stair Replacement 2006 and Planning 90-27 Street Level Staircases with new LIRR PJO 020 Sutphin Blvd Jamaica NY 11435 Railings and Structural supports 2206 $ 202,000.00 Levine Residence 2006 Gary Levine eLane Dix Hills,NY 7 Residential Gut Remodel NormaLong Island Rail Road Contracts 2301 $ 44,500.00 Contract 5967-1 Landscape Planting at 2006 and Planning 90-27 Landscape Enhancement Cherry Valley Complex Sutphin Blvd Jamaica NY 11435 Long Island Rail Road Contracts 2302 $ 40,440.00 Contract 5967-1-3 2006 and Planning 90-27 Replace Doors Sutphin Blvd Jamaica NY 11435 2303 $ 158,000.00 Levitan Residence 2006 I.Levitan 12 2 Story Residential Addition and Ocean Rd Ocean Beach,NY 11770 renovation Metro North Rail Road Capital Department— Installation of piles,concrete 2304 $ 150,950.00 Installation of Artwork at the Riverdale 2007 Building 14 foundations for and installation of Station One Croton Point Avenue Croton on Hudson,NY 10520 Owner supplied Artwork Tyler Sterck EDJ 2305 $ 205,700.00 Fire Island Trader Ocean Beach NY 2006 Quality Realty 1675 York Ave New York NY Supermarket/Hotel Interior,Exterior 10128 Renorvatioad o on a and Addition 2306 $ 8,800.00 Interior renovations Grassi&Co 2007 Grassi&Co.CPA Office Interior Renovation Offices 2001 Marcus Ave.,Lake Success,NY 11042 2308 $ 223,000.00 Eagar Residence 2006 Ron Eagar 11 Residential 2 Story Addition and Winthrop Drive Dix Hills NY Renovation SC DPW Contract#7510 Restoration of Historic Structure Window 2309 $ 433,428.00 The Black Duck Lodge 2008 Suffolk County Department of Public Works 335 Replacement and Exterior Ya hank Ave Ya hank,NY 11980 Restoration 2310 $ 161,690.00 Firemans Training Facility Contract No. 2006 Westbury Water and Fire District Three Story Steel Fire Training 2006-01 160 Drexel Ave Westbury NY 11590 Structure 2311 $ 181,000.00 Silverman Residence 2006 Jason Silverman Residential Interior Renovation 5 Uphill Rd Woodbury NY 11797 2312 $ 46,425.00 Ockers Residence 2006 Donald Ockers 676 Residention Addition and Union Ave.,Holtsville,NY Renovation Door Replacement Fair Harbor Fire 2007 Fair Harbor Fire District PO 2313 $ 8,000.00 District Box 5492 Ba Shore NY 11706 Replace Roll up Doors 2315 $ 24,000.00 Sanctuary Renovation Beth EI Temple 2006 Congregation Beth-EI 99 Reconstruct Sanctuary Jerusalem Ave Massapequa NY 11758 Fire Island Pines Inc. Roof Repair and Replacement Bldg. 2317 $ 144,500.00 Fire Island Pines Cooperative Roofing 2006 Prestige Mgmt.Consultants Inc. 357 C-2 Veterans Highway Commack NY 11775 SCWA Contract 6067 SCWA 4060 Sunrise Hwy,Oakdale,NY Construct Masonry Filter Enclosure 2318 $ 184,357.00 GAC Filtration Building Walter Court 2007 (Subcontracted From Lipsky Enterprises) Building Commack 2319 $ 101,145.00 Folkes residence 2007 Meda Folk Place Dix Hills NY 11746 9 Residential Addition and Renovation Hughs2320 $ 16,691.00 Benson Residence 2007 Lisa Benson 561 N Residential Renovation Windsor Ave Bay Shore NY 11706 2401 $ 55,114.00 Fitness Together 2007 Fitness Together 395 Commercial Interior Fitout Route 25A Northport NY 11768 Long Island Rail Road Contracts and Planning 90-27 Installation of Piles for Signal 2402 $ 76,108.00 2007 P Pile Installation at Wood Interlocking Sut hin Blvd Jamaica Structure East Side Access Contract 5967-1-3 POG776 NY 11435 2403 $ 10,372.00 Earthwork for Archaeological Sampling 2007 Karlsberger Architecture 192 Excavation under direction of Lexington Ave New York NY 10016 Archaeologist Long Island Rail Road Contracts 2404 $ 529,620.03 Shea Stadium Station Rehabilitation 2007 and Planning 90-27 Canopy Replacement and Contract 5967-1-3-D Sutphin Blvd Jamaica Extension NY 11435 2405 $ 36,890.75 Levine Residence 2007 Gary Levine 7 Basement Fitout Norma Lane Dix Hills,NY Fire Island Pines Inc. 2406 $ 33,000.00 Fire Island Pines Cooperative Skylights 2007 Prestige Mgmt.Consultants Inc. 357 Skylight Replacement and Additions Veterans Highway Commack NY 11775 2407 $ 102,697.00 Elgort Residence 2007 Dale Elgort 7 Window Replacement and Exterior Wintergreen Drive West Melville NY 11747 Renovation 2408 $ 16,157.00 Murray Residence 2007 John Murray 12 Residential Renovation Campo Drive Selden NY 11784 Town Of East Hampton 15 Historic Structure Window 2409 $ 268,800.00 Second House 2008 Pantigo Rd East Hampton Ny 11937 Replacement and Exterior (Subcontracted From Lipsky Enterprises) Restoration 2410 $ 3,445,600.00 Walgreens#10217 2008 4407 WPR LLC 5707 Construction Management for New White Plains Rd 21st Street Brooklyn NY 10217 Structure 2411 $ 4,497.00 Haugland Residence 2008 Bill Haugland 8 Residential Renovation Meadow Creek Ct.,East Islip,NY 11730 2412 $ 36,195.00 Foster Residence 2008 Pat Foster 72 Residential Interior Renovation Marine St.,Massapequa,NY 11758 2414 $ 2,906.00 SCWA-WH Nature Trail 2008 SCWA 4060 Sunrise Hwy,Oakdale,NY Stabilized Gravel Path Long Island Rail Road Contracts 2415 $ 155,551.00 LIRR Rosedale Station 2008 and Planning 90-27 Install Storefront Type Elevator Sutphin Blvd Jamaica Shaft and Machine Room Enclosure NY 11435 2417 $ 67,600.00 Mason Residence 2007 Richard Mason 30 Residention Addition and Northbridge Rd.Patchogue,NY 11772 Renovation Cummings Residence 2007 Allegra Cummings 561 Window Replacement and Exterior 2418 $ 69,420.55 Montauk Tenth Ave New York,NY 10036 Renovation 2419 $ 5,517.93 Magliato Residence 2007 Wendy Magliato 88 Residential Interior Renovation Ryder Ave.,North Babylon,NY 11703 Project was the demolition and Long Island Rail Road Contracts replacement of the elevated station Seaford Station Platform Rehabilitation and Planning 90-27 precast concrete platform,canopy, 2421 $ 7,818,226.00 Contract 6001 2009 Sutphin Blvd Jamaica escalator replacement and elevator NY 11435 Joint Venture addition.This project was done with with Lipsky Enterprises Building Fagade Renovation and Roof Community Development Agency Town Facade Renovation Roof 2422 $ 512,572.84 Replacement Contract 0 1076 1264- 2008 of Huntington 100 Main St. Replacement and Interior 1268 New York Ave Huntingtion,NY 11743(Subcontracted From Renovation Lipsky Enterprises) 2423 $ 148,700.00 Nature Conservatory 2008 Nature Conservatory PO Construct Stabilized Gravel Path Box 850 Shelter Island,NY 11964 SCWA Cont#6213 5th 2008 SCWA 4060 Sunrise Hwy,Oakdale,NY Alteration to Chlorine Storage 2424 $ 119,748.00 Ave.,Ba shore Subcontracted From Lipsky Enterprises) Building 2425 $ 28,800.00 SCWA Cont#6202 Lambert 2008 SCWA 4060 Sunrise Hwy,Oakdale,NY Install Ceiling Insulation In Iron Ave.,Copiague Subcontracted From Lipsky Enterprises) treatment Building Davis Park Comfort Station Town of Brookhaven C/O McLean Associates Srtuctural and Architectural 2502 $ 458,150.00 Renovations Project 2008 PC 437 South County Rd Brookhaven NY11719 (Subcontracted From Lipsky Renovation to Existing Comfort 07048 Station on Fire Island Enterprises) 2503 $ 6,986.00 Interior renovations Grassi&Co 2008 Grassi&Co.CPA Office Interior Renovation Offices 2001 Marcus Ave.,Lake Success,NY 11042 NYS Office of Parks Recreation and Historic Rehabilitation of Boardwalk Phase II Preservation Replace approximatelty 45,000 sf 2504 $ 1,386,800.00 Contract JB 2007-4 2009 Belmont Lake State Park IPE Decking PO Box 247 babylon NY 11702 Joint Venture Lipsky Enterprises) New York City Transit Authority 2505 $ 1,709,000.00 C-52062 Security Enhancements Subcontract to Tap Electrical Contracting 926 Duct banks and Concrete Pads for St.George,Staten Island 85%Complete Lincoln Ave Holbrook NY 11741 New CCTV System in 19 Stations Long Island Rail Road Contracts and Planning 90-27 Sutphin Blvd Jamaica Construct 25,000 square foot LIRR Contract 6024 MTA Police NY 11435 (Joint Venture Composite Masonry CFMF New 2507 $ 9,242,577.00 Headquarters Central Islip 2010 with Lipsky Enterprises) Police Headquarters NYS Office of Parks Recreation and Historic Rehabilitation of Boardwalk Phase III Preservation Replace approximatelty 55,000 sf Contract JB 2008-5 Belmont Lake State Park IPE Decking PO Box 247 babylon NY 11702 2508 $ 2,044,000.00 2009 Joint Venture Lipsky Enterprises) National Grid C/0 Dvirka and Bartilucci Consulting Engineers 330 Crossways Park Drive Woodbury NY 11797 National Grid Groundwater Treatment Frank DeVita 516-364-9498 Construct Masonry Groundwater 2601 $ 2,655,675.00 Plant Bay Shore 2010 (Joint Venture Lipsky Enterprises) Treatment facility Marvin Schecter 2701 $ 26,000.00 Schecter Residence 2010 13 Stoddart Lane Locust Valley NY 11560 Residential Renovation Long Island Rail Road Contracts LIRR Contract 5967-1-3-G Storefront and Planning 90-27 Storefront Type Windows and Doors Type Windows and Doors at Sutphin Blvd Jamaica at Brentwood and Central Islip 2702 $ 186,811.00 Brentwood and Central Islip Stations 2010 NY 11435 Stations Town of Brookhaven C/O McLean Associates PC 437 South County Rd Brookhaven NY Repairs to Drywall Ceilings Due to 2703 $ 14,230.00 Medford Ambulance Ceiling Repairs 2010 11719 Truss Failure Long Island Rail Road Contracts and Planning 90-27 2704 30%Complete Sutphin Blvd Jamaica Contract 5662-2-13 Escalator NY 11435 Joint Venture Replacement at Merrick,Bellmore and with Lipsky Enterprises Doug Shearer Escalator Replacement at three $ 3,533,544.00 1 Massapequa Park Stations 1 516-378-1860 IStations Friends of Manhattan School fo Children 154 Construct Roof Top Greenhouse at 2705 $ 543,567.00 PS 333 Greenhouse 2011 West 93rd Street New York NY 10025 PS 333 Clare Milfen 718-237-2786 New York City Parks Department Contract CNYG 1510M Prefabricated Olmstead Center Flushing 2706 $ 932,776.00 Comfort Stations and Lifeguard Locker 98%Complete Meadows Corona Park Flushing NYFurnish and Install Prefabricated Rooms 11368 Joint venture With Temporary Structures Lipsky Enterprises John Godek 718-760-0417 Contract CP 7096 restoration at West Suffolk County Department of Public Works 335 2707 $ 528,076.00 Neck Farms aka Coindre Hall 5%Complete Yaphank Ave Yaphank,NY 11980 Subcontract Structural Stabilization of a Historic Boathouse to Lipsky Enterprises Building Greg Meade 631-852-4239 Long Island Rail Road Contracts 2709 $ 151,995.00 Atlantic Terminal remedial Operations 2010 and Planning 90-27 Miscellaneous Punch List Type Contract 5967-1-3-H Sutphin Blvd Jamaica Tasks at Atlantic Terminal Project NY 11435 Gregory Jack Exterior Restoration of the Tifereth 0%Co Congregation Tifereth Israel 109-18 5th Ave Exterior Restoration of NYC 2801 $ 1,155,067.00 Israel Synagogue Complete Corona NY 11368 Landmark building Browns Fiat $ 125,000.00 C/O Lipsky Management Corp 814 Montauk Car Dealer Showroom Fitout Hwy Bayport NY 11705 Ed Cement Board and Architectural 2802 Patchogue Fiat 2011 Hanesman 631-472-4454 Metal Siding Convert Church to Mosque New York City Muslim Center Mosque New York City Muslim Center 90-02191st Minor Alteration to existing school 2803 $ 116,000.00 Conversion 2011 Street Hollis NY 11423 building Marvin Schecter 2804 $ 25,000.00 Schecter Residence 80% 13 Stoddart Lane Locust Valley NY 11560 Residential Renovation RICHARD LODUCA Experience President November 1983- Present LoDuca Associates,Inc. Holbrook,New York Chief Administrative Officer, Quality and Safety Engineer. Overseeing of construction, engineering design and financial planning. Liaison Officer in charge of field personnel employed on multiple projects with an approximate total value in the order of ten million dollars. Business Skills • Administrative Office • Job Planning • Negotiations • Labor Relations • Customer Relations • Scheduling • Estimating • Purchasing • Expediting Agencies Contracts Performed for: State, City Federal, County and Private Sector • New York City Housing Authority • New York City Transit Authority • Long Island Rail Road • Facilities Development Corporation • Suffolk County Public Works • Nassau County Public Works • Metro North Commuter Rail Road • NYC Department of Design& Construction • NYC Department of Sanitation • NYC Department of Corrections Education Bachelor Science Electrical Engineering State University of New York at Stony Brook JOSEPH PENNISI 6 Conklin Street NORTH BABYLON,NY 11703 OUALIFICATIONS: 20 years experience in construction and thirteen (13) years experience as Lead Foreman on public and private projects for various owners, such as,New York City Transit Authority,Long Island Railroad,Nassau and Suffolk County Department of Public Works&Suffolk County Water Authority. SPECIAL TRAINING: 10 Hour OSHA Training Course New York City Transit Authority Track Safety Long Island Rail Road Track Safety New York City Certified Site Safety Manager DUTIES INVOLVE: Supervision of manpower; scheduling of equipment,tools and material; design and work layout drawings; scheduling of General Orders and Flagmen to oversee that work is performed under safe conditions in the accordance with OSHA,NYS Labor Law and NYCTA,LIRR,and Metro North track safety requirements and overseer of all safety conditions on the job site including weekly safety meetings in compliance with OSHA standards. EXPERIENCE: 1988—PRESENT LODUCA ASSOCIATES,INC. General Superintendent Estimator SAMPLING OF MAJOR PROJECTS SUPERVISED: LONG ISLAND RAIL ROAD Wantagh and Seaford Stations Rehabilitation and Construction of new station facilities LONG ISLAND RAIL ROAD Syosset Station Platform canopies and site improvements at the station LONG ISLAND RAIL ROAD Oyster Bay Employee Facility Surety awarded contract for completion of building NYS DEPARTMENT OF PARKS Sag Harbor Golf Course Construct 7400 SF maintenance facility building 2001 LONG ISLAND RAIL ROAD Port Jefferson Diesel Yard Construct 1600 LF of timber sound wall 1999-2001 LONG ISLAND RAIL ROAD Port Jefferson/Riverhead Stations Historic Rehabilitation of Two 100 Year old station buildings and ancillary parking facilities 1996-1999 LONG ISLAND RAIL ROAD Oyster Bay Branch Construct 7 LIRR Stations to add high level platforms (cont.) Cont'd Joe Pennisi 1995-1996 NEW YORK CITY DEPARTMENT OF SANITATION Rikers Island Compost Facility Construct full operational self-contained food waste to compost facility. 1994-1996 LONG ISLAND RAILROAD Soil Retaining Structure Cold Spring Harbor Construct soil -retaining structure along railroad right of way including temporarily rerouting of motor vehicle and train traffic and protection of historic landmark structure. 1993-1994 TOWN OF EAST HAMPTON East Hampton Compost Construct fully operation commercial waste and sludge to compost facility of 35,000 square foot with infrastructure and utilities. 1993 CITY OF GLENCOVE New Police/Court Complex 35,000 square feet Construct pile foundation, reinforced concrete and structural steel structure including removal of 1,000 existing piles. 1992-1993 NEW YORK STATE FACILITIES DEVELOPMENT CORPORATION Siddso Facility Construct new electrical substation and underground distribution system. 1983-1988 DAVINCI CONTRACTING President Tract framing multi unit subdivisions,coordinate concrete,excavation,carpentry trades Paul Gallina 496 Miller Place Road Miller Place,New York 11764 EXPERIENCE: Twenty-four years of experience in the supervision of construction procedures, providing quality assurance to the public and private sectors including the overall supervision of engineering and architectural design and the construction of various transportation,housing,office and governmental related projects. EMPLOYMENT: LoDuca Associates,Inc. 2000-PRESENT General Construction Holbrook,N.Y. Project Quality Control Manager Responsibilities include the overall management and administration of construction Projects.Associated with my duties as project manager I would issue the required purchase orders for procurement of materials and generate the various subcontractor agreements.I am also involved with the production and administration of the company's quality assurance and safety program. • Station Improvements for Pt.Jefferson&Riverhead-MTA/LIRR • PT.Jefferson Diesel Yard Sound wall Construction-MTA/LIRR • Construction of New Maintenance Bldg.Sag Harbor State Golf Course for NYS Parks&Recreation • Construction of Wellhead Buildings for Suffolk County Water Authority • Construction of New Sorting Enclosures Paperline No.2 and Commingled Line No.I for-Town of Smithtown Municipal Facilities • DDC Project C141 SERV 1-QHDM Kitchen Rehab. • DDC Project C141 SERV 3,Phase 2D-GMDC new Kitchen Addition. • Rehab&Reconstruction of Seaford&Wantagh Railroad Stations- LIRR Contract#ITO 1885 • Platform Canopies&Site Improvements at Syosset Station-LIRR Contract#ITO1810 DCI Danaco Construction,Inc. 1998-2000 Mechanical,Electrical&GC North Babylon,N.Y. Project Manager Responsibilities include the management and administration of various HVAC construction projects. Involved in the overall scheduling and coordination of work activities and deliveries.Oversee project quality control for equipment installations. • Metro North Sewer Line Upgrade-Grand Central Station • HVAC Alterations at Staten Island College Detcon Construction,Inc 1996-1998 General Contractors Glen Head,N.Y.. Project Manager Responsibilities include the overall management and administration and quality control of construction projects for public and private clients.Involved in the writing of contracts and material purchase orders and for the scheduling of material deliveries.Member of American Society for Quality Construction of New Headquarters for Presbyterian Church-Commack, N.Y. ■ Alterations to Bank facilities for Fust Bank of LI. Smithtown Mechanical,Inc. 1993-1996 Mechanical Contractors Holbrook,N.Y. Project Manager Responsibilities include the overall administration of HVAC installations for various public and private clients.Involved with the purchasing of equipment and the coordination of related installation activities. • New Kitchen Facility—Pilgrim State Psych Center. • Sewage Treatment Facility—Cold Spring Harbor Laboratory • Alterations to Bay Park Sewage Treatment Facility Suffolk Community College 1991-1993 Building Project Coordinator Responsibilities included the overall management and administration of engineering and architectural aspects of various construction projects for the Western Campus of Suffolk Community College in Brentwood,N.Y. • Alterations to the Beta Building—Administration Building-SCC • Alterations to the Gamma Building-Student Center-SCC • Construction of New Cafeteria Addition-SCC Suffolk County Department of Public Works 1989-1991 Building Project Coordinator Responsibilities included the overall management and administration of engineering and architectural aspects of various construction projects for Suffolk County Department of Public Works. • Improvements to the County Center Building,Riverhead,N.Y. • Records Storage Facility,County Center, Riverhead,N.Y. • Addition&Alterations to the Criminal Court Building,Riverhead,N.Y. Michael Lynn&Associates,P.C. 1979-1989 Architectural Project Manager N.Y.,N.Y. Responsibilities included the overall administration of projects from design inception into the construction as well as budgeting and scheduling. The projects consisted of various municipal,institutional and residential buildings throughout the State and City of New York. • Long Island Developmental Center,Melville,N.Y. • Assistant Architect for Construction of Jamaica—Van Wyck Subway Raikoad Station,N.Y.C.T.A. • Project manager for design and construction of the Biology Addition for Brookhaven Laboratory,Upton,N.Y. Syska&Hennessy,Inc. 1976-1979 MEP Engineers N.Y.,N.Y. Electrical Designer Responsibilities included various aspects of electrical and power production phase,such as drafting,coordination and circuit design of lighting and power systems. • Tenant work for Morgan Stanley Investment,Co. • Tenant work for Bell Atlantic Bldg. EDUCATION: City College School of Architecture and Environmental Studies,N.Y.C.,N.Y. 1976 -Bachelor of Architecture 1975 - Bachelor of Science JAMES COVAIS 14 Behrendt C. Sayville,NY 11782 OUALIFICATIONS: 16 years experience in construction and 6 years experience as Lead Foreman and or Safety Manager,on public work projects for various agencies,such as,New York City Transit Authority,Long Island Railroad, Nassau and Suffolk County Department of Public Works,Suffolk County Water Authority. SPECIAL TRAINING: 10 Hour OSHA Training Course New York City Transit Authority Track Safety Long Island Rail Road Track Safety 30 Hour OSHA Site Safety Manager DUTIES INVOLVE: Safety Management: Supervision of manpower; scheduling of equipment, tools and material; design and work layout drawings; scheduling of General Orders and Flagmen to oversee that work is performed under safe conditions in the accordance with OSHA,NYS Labor Law and NYCTA,LIRR,and Metro North track safety requirements and overseer of all safety conditions on the job site including weekly safety meetings in compliance with OSHA standards. Ouality Control Works under the direct supervision of the company's quality control manager and project field superintendent. Verifies layout and work in progress to assure conformity with the contract details and approve shop drawings. Consult w/ company's project & quality manager to develop subcontractor's non conformance reports. Reviews corrective action for rectifying deficient and non conforming work. Works in conjunction with the field superintendent to schedule required field testing. EXPERIENCE: 2009-PRESENT LODUCA ASSOCIATES,INC. Prior to 2009 FRANCIS PALUMBO BUILDER Project Manager — in charge of several projects. Organizing trades for scheduling and finishing projects on time. RECENT PROJECTS: LONG ISLAND RAIL ROAD Lynbrook,Valley Stream,Floral Park Escalator and stair install LONG ISLAND RAIL ROAD Seaford Train Station-Phase 3 platform Carpenter-framing soffit and metal roofmg on canopies LONG ISLAND RAIL ROAD Atlantic Terminal Brooklyn Lead Foreman—instructed men on work that had to be done,organized schedule to work in areas that need flag men OCEAN BEACH,FIRE ISLAND Carpenter—Demo and rebuild community house,siding,windows&door framing CONEY ISLAND AQUARIUM Carpenter—door and framing install JONES BEACH STATE PARK—BOARDWALK REPAIR Carpenter—remove and replace deck boards MTA POLICE STATION Carpenter—installed prefab walls and floor panels. Installed Q-decking GREEHOUSE PROJECT—MANHATTAN Lead Foreman — constructed and organized all trades needed to build. Gathered material list to complete project. Richard Santopietro 17 Dianne Avenue Centereach,N.Y. 11720 OUALIFICATIONS: Twenty—one (22) Years experience in construction and 12 years experience as Lead Foreman and safety Manager, on public work projects for various agencies, such as, New York City Transit Authority, Long Island Railroad, Nassau,and Suffolk County Department of Public Works, Suffolk County Water Authority. SPECIAL TRAINING: • 30 Hour OSHA CERTIFIED • New York City Transit Authority Track Safety • Long Island Rail Road Track Safety • NYC Certificate of Fitness S/95 for Supervision of Fire alarm systems DUTIES INVOLVE: Safety Management: Supervision of manpower; scheduling of equipment, tools and material; design and work layout drawings; scheduling of General Orders and Flagmen to oversee that work is performed under safe conditions in the accordance with OSHA, NYS Labor Law and NYCTA, LIRR, and Metro North track safety requirements. Oversee all safety conditions on the job site including weekly safety meetings in compliance with OSHA standards. Quality Control of on-going construction activities: Works under the direct supervision of the company's quality control manager and project field superintendent. Verifies layout and work in progress to assure conformity with the contract details and approve shop drawings. Consult w/ company's project & quality manager to develop subcontractor's non conformance reports. Reviews corrective action for rectifying deficient and non conforming work.Works in conjunction with the field superintendent in scheduling required field testing. EXPERIENCE: 1994-PRESENT LODUCA ASSOCIATES,INC.HOLBROOK,N.Y. RECENT PROJECTS: • NYCT CONTRACT NO. C-52062 ST.GEORGE OFFICE OF DOMESTIC PREPAREDNESS PROJECT&STATION SECURITY INITIATIVE IN BOROUGH OF STATEN ISLAND • TRIBOROUGH BRIDGE &TUNNEL AUTHORITY CONTRACT# BB-45 CONSTRUCTION OF NEW EQUIPMENT ROOMS FOR THE REPLACEMENT OF ELECTRICAL SWITCHGEAR& POWER DISTRIBUTION EQUIPMENT AT THE BROOKLYN BATTERY TUNNEL • FURNISHING &INSTALLING PREFABRICATED BUILDINGS FOR COMFORT STATIONS &LIFEGUARD LOCKER ROOMS FOR NYC PARK&RECREATION FACILITIES, BOROUGHS OF BROOKLYN &QUEENS CONTRACT#CNYG-151OM. • MTA/LIRR CONTRACT#6001 -REHAB OF SEAFORD STATION-REPLACEMENT OF EXISTING PEDESTRIAN PLATFORMS . MTA/LIRR CONTRACT#IT01885 REHABILITATION &RECONSTRUCTION OF SEAFORD &WANTAGH RAILROAD STATION BUILDINGS • MTA/LIRR CONTRACT IT01810 PLATFORM CANOPIES &SITE IMPROVEMENT AT SYOSSET STATION VENDOR NAME: Carter-Melence, Inc VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. X PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID#: 11-2996299 OR SOCIAL SECURITY#: DATE OF ORGANIZATION: October 18, 1989 IF APPLICABLE: DATE FILED: October 18, 1989 STATE FILED: New York If a non-publicly owned Corporation: CORPORATION NAME: Carter-Melence, Inc. LIST PRINCIPAL STOCKHOLDERS: (5%of outstanding shares) Donald J. O'Hanlon, President LIST OFFICERS AND DIRECTORS: NAME TITLE Donald J. O'Hanlon President Patrick E. O'Hanlon Vice President Carmel O'Hanlon Secretary If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Carter—Melence, Inc. ADDRESS- P.O. Box 907 Sound Beach, NY 11789 CONTACT: Donald J. O'Hanlon TELEPHONE: (631) 744-0127 FAX: (631) 744-0528 E-MAIL: 4cmi@optonline.net ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: Carter-Melence, Inc. ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows -please mark appropriate box: Insurance Certificate as requested is attached I certify that I can supply insurance as specified if awarded the bid 0 Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUA IFY BIDDER. AUT ORIZED NiGNATURE Do ald J. O'Hanlon, President Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The erson signing t"id, er the penalties of perjury, affirms the truth thereof. AA6 OL SWORN TO BEFORE ME THIS Signatu �&Compan_yTo sion July onald J. O'Hanlon, President 24th DAY OF 20 14 Type Name&Company Position Carter-Melence, Inc. •_��fA'u.1 �LlCLi,�iC.riw�� Company Name 6NOTARYPUBLIC 24, 2014 � Mary C.Michne July notary Public,State of t°Ie:v York Date Signed No.497&717 Qualified in suffalk C-u 7-V 11-2996299 Commission Expires OCA 1/oto/S Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Fetterville Storage Building VENDORNAME: Carter-Melence, Inc. VENDOR ADDRESS: P.O. Box 907 Sound Beach, NY 11789 TELEPHONE NUMBER: (631) 744-0127 FAX: (631) 744-0528 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 Carter-Melence, Inc. TOWN OF SOUTHOLD FETTERVILLE STORAGE BUILDING 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 Construct Fetterville Storage Building 1 LS for Sixty Four Thousand SLS $64,000.00 Dollars & No Cents Furnish and Install 6"Steel Reinforced 2 Concrete Floor Slab 1 LS for Fifteen Thousand SLS $15,000.00 Dollars & No Cents TOTAL Seventy Nine Thousand Dollars & No Cents $ 79,000.00 Dollars Cents Numerically WRITTEN IN WORDS PROPOSAL FORM < LALAUTHORIZED SIGNATURE PRINT NAME Donald J. O'Hanlon TITLE President DATE July 24, 2014 ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF SUFFOLK ) ss.: On the 24th day of July in the year 2014 before me, the undersigned, personally appeared, Donald J. O'Hanlon , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(&) whose name(s) is (tee) subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in hiss��eir capacity(), and that by his/her/their signature( on the instrument,the individual(), or the person upon behalf of which the individual()acted, executed the instrument. N TA Y PUBLIC Mary C.Michne Notary of Newyork Lxpir"— OCA 11d-0K Proposal Package 9 of 9 CARTER-MELENCE INC. CONTRACTORS 104 New York Avenue, P.O. Box 907, Sound Beach, NY 11789 (631)744-0127 Fax: (631)74�4-0528 Email: 4cmi@optonline.net BE IT RESOLVED that Donald J. O'Hanlon, President of Carter-Melence, Inc. be authorized to sign and submit the bid or proposal of this corporation for the following project: Fetterville Storal;e Building At 275 Peconic Lane, Peconic, Town of Southold, NY The foregoing is a true and correct copy of the resolution adopted by Carter-Melence, Inc. on this 24th day of July, 2014. Carmel O'Hanlon, Secretary STATE OF NEW YORK COUNTY OF SUFFOLK Sworn to before me this 24th day of July, 2014. (Notary ublic) r Mary C.Michn© Notary r":,: ";, State of C3W:3York t:�. '978717 Quality:: :., ,!tfolk C-u'"! COMMISr�cil 0;/11/.. f-% CARTER-MELENCE INC. CONTRACTORS 104 New York Avenue, P.O. Box 907, Sound Beach, NY 11789 (631)744-0127 Fax: (631)744.0528 Email: 4cmi@optorrline.net PRE-ENGINEERED BUILDING REFERENCES SUPPLY AND INSTALL Brookhaven National Laboratory, P.O. Box 5000, Upton,NY 11973 (631) 344-5475 Contracts and Procurement Engineer: In-house: Plant Engineering, Building 134-C Projects: 1. RHIC Service Building 1002B 6,000 SF RHIC Service Building 1004B 8,000 SF RHIC Service Building 1006B 8,000 SF RHIC Service Building 1008B 8,000 SF $1,282,691.00 2. Building 637, Well No. 12 2,000 SF $ 399,745.00 3. Building 817, Multi-Use Engineering Facility 7,500 SF $ 902,618.12 North Sea Fire District, PO Box 108, Southampton,NY Replace Roof Panels $ 140,300.00 (631) 283-3629 Michael Kohler & other misc. work Architect: Holzmacher, McLedon & Murrell, PC (631) 756-8000 Selden Fire District, P.O .Box 870, Selden,NY (2 floors) 10,000 SF $ 771,495.00 (631) 732-5570 Jay Egan Architect: Levenbaum Associates, Inc. (631) 423-8602 Town of Brookhaven, 1 Independence Hill, Farmingville,NY 11738 (631) 451-6240 Purchasing Project: Brookhaven Town Transfer Station, Yaphank 21,000 SF Architect: Louis K. McLean Associates, P.C. (631) 286-8668 Suffolk County DPW, 335 Yaphank Ave., Yaphank,NY 11980 (631) 852-4239 Gregory Mead Project: Pre-Engineered Metal Storage Building, Commack 6,300 SF $ 335,639.00 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: Donald J. O'Hanlon A Corporation FIRM NAME: Carter—Melence, Inc. $ _ PRINCIPAL OFFICE: 104 New York Ave. P.O. Box 907 Sound Beach, NY 11789 PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE President Donald J. O'Hanlon Miller Place, NY 11764 Construction Vice President Patrick E. O'Hanlon Sound Beach, NY 11789 Construction Secretary Carmel O'Hanlon Sound Beach, NY 11789 Administration 1. How many years has your organization been in business under its present business name? 25 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: Carpentry, Electrical, Laborer, Painting, HVAC 3. Have you ever failed to complete any work awarded to you?No . If so,note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officqfs?If yes, please provide details. 0 QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years?If yes, please provide details. No 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone# Telephone# Amount Complete Completion Renovations to Dispatch at Headquarters $277,500.00 10% 12/14 (631) 261-1177 East Northport Fire District (631) 756-8000 112M architects + engineers HVAC Ductwork Installation $ 64,500.00 70% 08/14 (631) 870-2550 Mount Sinai U.F.S.D. (631) 756-8000 H2M architects + engineers Installation of Gas Piping & Heating Sys. $ 64,500.00 95% 09/14 (631) 732-5570 Selden Fire District Chimney Reconstruction at IS & HS $105,126.00 10% 08/14 (631) 591-4514 Southampton U.F.S.D. (631) 475-0349 BBS Architects, Landscape Architects and Engineers, PC 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 Pre-Fab. Storage Bldg. , Suffolk Cty. DPW $335,639.00 11/06/13 (631) 852-4239 Lester House, Town of East Hampton $327,113.00 05/24/14 (631) 324-4183; D.B. Bennett, PE, PC (631) 907-0023 Radio Room Mod. , Gordon Heights Fire Dist. $ 89,410.00 07/08/14 (631) 698-6303; L.K. McLean Associates, PC (631) 286-8668 East Campus Power Plant, SUNY Stony Brook $448,309.70 09/30/13 (631) 632-3067; RMF Engineering, Inc. (410) 576-0505 Apparatus Bay Alt. , West Islip Fire Dist. $415,736.62 01/30/13 (631) 661-6440; Martin F. Sendlewski, AIA (631) 727-5352 QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci Donald J. O'Hanlon, President 38 years experience in the construction industry Patrick E. O'Hanlon, Vice Pres. 36 years experience in the construction industry 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the Contract Time? Yes 10. Bank References: HSBC (631) 821-1643 11. Trade Association Membership: Builders Institute 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes, when?What was the outcome of the investigation? No QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Donald J. O'Hanlon being duly sworn deposes and says that he is the President of Carter—Melence, Inc. contractor and that answers to the foregoing questions and all statements therein contained are true and correct. C (Sigrkture of person who si ed bid) Donald J. O'Hanlon, President Sworn to before me this 24th day of July 2014 NotaryPublic Commission Expiration IYate. 03/11/2015 Mary c.Michne Notary Pubtic,State of n:n°,jYork No.4978717 Qualified in Sts+'Z',; 7 Commission Sxpirc QS-4 CARTER-MELENCE,INC. BALANCE SHEET DECEMBER 31, 2013 ASSETS Current Assets: Cash and Cash Equivalents $ 21,304 Contract Receivables (Note 2) 814,546 Prepaid Expenses 14,853 Total Current Assets $ 850,703 Property and Equipment(Notes 3 and 4) 528,952 Less: Accumulated Depreciation 404,431 124,521 Total Assets $ 975,224 LIABILITIES AND STOCKHOLDER'S EQUITY Current Liabilities: Current Maturities of Long-Term Debt(Note 4) $ 13,759 Accounts Payable 28,161 Payroll Taxes Payable 816 Pension Contribution Payable (Note 5) 51,717 Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts (Note 6) 272,186 Income Taxes Payable 1,000 Total Current Liabilities $ 367,639 Other Liabilities: Long-Term Debt(Note 4) 23,549 Stockholder's Equity: Common Stock(No Paz Value,200 Shares Authorized, 10 Shares Issued and Outstanding) 1,000 Paid in Capital 100,000 Retained Earnings 483,036 584,036 Total Liabilities and Stockholder's Equity $ 975,224 #11767 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 10th day of July, 2014. 4ZA - cA/,.,,, Principal Clerk . Sworn to before me this day of djf2014. LEGAL NOTICE INVITATION TO BID NOTICE IS ,HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: aRl VOLINSKI BID NAME:"FETTERVILLE NOTARY P!:11s4.1C:-STATE OF NEW YORK STORAGE BUILDING" Definite specifications may be ob- tained at the Southold Town Clerk's Of. O4!',!i0ol In aatftolk county rice beginning July 10,2014 PLACE OF OPENINGS My C i'ri7:ika,uti (xyitg3 Fdprugty 28.2016 TOWN OF SOUTHOLD TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 DATE OF OPENINGS: JULY 24,2014 TIME OF OPENINGS: 2:00 PM CONTACT PERSON: Michael Collins,EE. Town of Southold,631-765-1560 VENDORS MUST SUBMIT BI IN SEALED ENVELOPES. DS PLEASE PRINT ON THE FACE OF ENVELOPE: 1) NAME & ADDRESS OF BID- DER 2)BID NAME BID MUST BE ACCOMPANIED BY A 5%BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications,Instruc- tions to Bidders, and General Condi- tions,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-mandatory pre-bidder's con- ference will be held at 10.•OOAM on July 16, 2014 at the Highway Yard at 275 Peconic Lane in Peconic The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Dated: May 6,2014 ELIZABETH A.NEVILLE SOUTHOLD TOWN CLERK 11767-177/10 TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FETTERVILLE STORAGE BUILDING" Definite specifications may be obtained at the Southold Town Clerk's Office beginning July 10, 2014 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 24,2014 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1) NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 10:00AM on July 16, 2014 at the Highway Yard at 275 Peconic Lane in Peconic. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. Southold Town Board - Letter Board Meeting of July 1, 2014 RESOLUTION 2014-588 Item # 5.21 tttt¢¢ 3 9� *'"aE ADOPTED DOC ID: 9937 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-588 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2014: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the construction of a Fetterville pre-fabricated building at the Town's Highway/DPW Yard, including construction of a concrete foundation and floor, in accordance with specifications prepared by the Office of the Town Engineer, Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Generated July 7, 2014 Page 29 C� Rudder, Lynda From: Reisenberg, Lloyd Sent: Monday, July 07, 2014 11:34 AM To: Rudder, Lynda Subject: RE: for publication Posted Lloyd H. Reisenberg Network and Systems Adrninistrator "Down of Southold,New York www.south oldtownn y.goy Iloydr@southoldtownny.goy 0: 631-765-1891 1 M:631-879-1554 11 F: 631-765-5178 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, July 02, 2014 11:59 AM To: Collins, Michael; Orlando, Vincent; Beltz, Phillip; Cushman, John; Dinizio, James; Doherty, Jill; Finnegan, Martin; Ghosio, Bob; Kiely, Stephen; Krauza, Lynne; Legals (tdoubrava(aAimesreview.com); Louisa Evans; Neville, Elizabeth; Reisenberg, Lloyd; Russell, Scott; Standish, Lauren; Tomaszewski, Michelle; William Ruland Subject: for publication Please publish in the 7/10 edition of the Suffolk times and the Town Website 1 Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Wednesday, July 02, 2014 12:03 PM To: Rudder, Lynda Subject: Re: for publication Lynda, You are good to go for this notice to run in the 07/10 Suffolk Times. Have a great 4th! Cerria From: <Rudder>, Lynda <Iynda.rudder@town.southold.nv.us> Date: Wednesday, July 2, 2014 11:58 AM To: "Collins, Michael" <michael.collinsCa@town.southold.ny.us>, "Orlando, Vincent" <vincent.orlando@town.southold.nv.us>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Dinizio,James" <fames.dinizio@town.southold.ny.us>, "Doherty,Jill" <fill.doherty@town.southold.ny.us>, "Finnegan, Martin" <martin.finnegan@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, "Kiely, Stephen" <stephen.kiely@town.southold.nv.us>, "Krauza, Lynne" <Iynne.krauza@town.southold.ny.us>, Times Review<tdoubrava@timesreview.com>, Louisa Evans <lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville @town.southold.ny.us>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <Scott.Russell @town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, William Ruland <rulandfarm@yahoo.com> Subject: for publication Please publish in the 7/10 edition of the Suffolk times and the Town Website I Rudder, Lynda From: Cerria Torres <ctorres@timesreview.com> Sent: Wednesday, July 02, 2014 12:03 PM To: Rudder, Lynda Subject: Re: for publication Lynda, You are good to go for this notice to run in the 07/10 Suffolk Times. Have a great 4th! Cerria From: <Rudder>, Lynda <Ivnda.rudder@town.southold.nv.us> Date: Wednesday, July 2, 2014 11:58 AM To: "Collins, Michael" <michael.collins@town.southold.ny.us>, "Orlando, Vincent" <vincent.orlando@town.southold.nv.us>, "Beltz, Phillip" <Phillip.Beltz@town.southold.ny.us>, "Cushman,John" <John.Cushman@town.southold.ny.us>, "Dinizio,James" <lames.dinizio@town.southold.nv.us>, "Doherty,Jill" <mill.doherty@town.southold.nv.us>, "Finnegan, Martin" <martin.finnegan@town.southold.nv.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, "Kiely, Stephen" <stephen.kiely@town.southold.ny.us>, "Krauza, Lynne" <lynne.krauza@town.southold.ny.us>,Times Review<tdoubrava@timesreview.com>, Louisa Evans <lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Neville@town.southold.ny.us>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.ny.us>, "Russell, Scott" <Scott.Russell @town.southold.ny.us>, "Standish, Lauren" <Lauren.Standish(c@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.ny.us>, William Ruland <rulandfarm@yahoo.com> Subject: for publication Please publish in the 7/10 edition of the Suffolk times and the Town Website 1 TOWN OF SOUTHOLD FETTERVILLE STORAGE BUILDING PECONIC, TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK SO Ho p Prepared By: TOWN OF SOUTHOLD 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971 TABLE OF CONTENTS TOWN OF SOUTHOLD FETTERVILLE STORAGE BUILDING Title Page ------ Table of Contents ------ Invitation to Bid ------ Instructions to Bidders I13-1 thru I13-6 NYS Wage Rates ------ Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-17 Proposal Form Package Proposal Form Package Pages 1 thru 9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 Specifications Divisions 1 thru 3 Overall Site Plan Pole Barn— Schematic Floor Plan Pole Barn—Cross Section, Details & Specifications TOWN OF SOUTHOLD 53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971 PHONE: 631-765-1560 / FAX: 631-765-9015 INVITATION TO BID NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND REQUESTED FOR THE FOLLOWING: BID NAME: "FETTERVILLE STORAGE BUILDING" Definite specifications may be obtained at the Southold Town Clerk's Office beginning July 10, 2014 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD July 24, 2014 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD, NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1) NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 10:0"M on July 16, 2014 at the Highway Yard at 275 Peconic Lane in Peconic. The Town of Southold welcomes and encourages minority and women-owned businesses to participate in the bidding process. INSTRUCTIONS TO BIDDERS INDEX 1. Receipt and Opening of Bids 2. Form, Preparation and Presentation of Proposal 3. Bid Security 4. Qualifications of Bidders 5. Rejection of Bids 6. Bidders Responsibility 7. Construction Terms and Conditions 8. Security for Faithful Performance 9. Time Limit to Complete Work 10. Bid Reservations 11. Non-Collusive Statement 12. Addenda and Interpretations 13. Method of Award 14. Single Price Bid Analysis 15. Municipal Exempt Status 16. Labor Law 17. Wage Rates 18. Insurance Required by the Town of Southold 19. Quantities IB - 1 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided to construct a Fetterville Storage Building in Peconic, New York. Sealed bids shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New York 11971, no later than 2:00 PM prevailing time on July 24, 2014, at which time they will be opened and publicly read aloud. All bids received after the time stated for the opening in the Notice to Bidders may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified. Faxed bids will not be accepted. 2. FORM, PREPARATION AND PRESENTATION OF PROPOSAL The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request. Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified as a non-responsive bid. We cannot assume there is "no charge"when lines are left empty. Bids that contain any omission, erasure, alteration, addition or items not called for in the itemized bid form or that contain irregularities of any kind will not be accepted. In case of discrepancy between the unit price and total amount bid for any item, the unit price, as expressed in words, shall govern. The following two items will automatically render a bid unacceptable to the Town of Southold: a. Failure to sign bid proposal page. b. Failure to include necessary bid security deposit(as required). It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award. 3. BID SECURITY (a) The Bid must be accompanied by a certified check on a solvent bank or trust company with its principal place of business in New York State, or an acceptable bid bond, in an amount equal to not less than five percent (5%) of the total amount bid, made payable to the Town of Southold (herein identified as Owner), as assurance that the bid is made in good faith. The certified checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract between the Owner and the successful bidder; the certified check or bid bond of the successful bidder will be retained until filing and approval of the Performance Bond and until the completion of ten percent(10%) of the work under the Contract. (b) The successful bidder, 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 returned with the bid submission. (b) Information contained in any statement of financial ability shall be not more than the days old at the time of submission. (c) The Town reserves the right to make such investigation as it may deem necessary or advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the Town, on request, all data and information pertinent thereto. The Town reserves the right to reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do the work. Financial instability of a bidder may be cause for non-award. 5. REJECTION OF BIDS (a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will be considered informal and will be rejected. (b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part, to waive any informality in any or all bids, and to accept the bid or part thereof which it deems most favorable to the Town after all bids have been examined and/or checked. 6. BIDDERS RESPONSIBILITY (a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed improvement and having made themselves familiar with local conditions. The attention of persons intending to submit bids is specifically called to the paragraph of the Contract which debars a Contractor from pleading misunderstanding or deception because of estimates or quantities, character, location or other conditions surrounding the same. Special attention is called to the notes on the Plans 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 groundwater, which may in any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself as to groundwater and sub-surface conditions prior to submitting his bid. (c) The submission of a bid will be construed to mean that the bidder is fully informed as to the extent, cost, and character of the materials, labor, and equipment required to complete the 113 - 3 INSTRUCTIONS TO BIDDERS proposed job in accordance with the Plans and Specifications, including all other expenses incidental thereto. (d) Bidders must examine the Plans and Specifications and exercise their own judgement as to the nature and amount of the whole of the work to be done, and for the bid prices, must assume all risks of variance by whomsoever made in computation or statement of amounts or quantities necessary to fully complete the work in strict compliance with the Contract Documents. (e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever material and under whatever conditions he may encounter or create, without extra cost to the Town. (f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary examinations and investigations, will be to fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a basis for any claims whatsoever for extra compensation, or for an extension of time. 7. CONSTRUCTION TERMS AND CONDITIONS The successful bidder is warned that the work specified in the Conditions of Contract, together with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and instructions of the Engineer or his duly authorized representative will be rigidly enforced. 8. SECURITY FOR FAITHFUL PERFORMANCE AND MAINTENANCE The successful bidder shall be required to execute a Performance Bond equal to one hundred percent (100%) of the amount bid such bonds to be executed by a New York licensed insurance carrier/surety company with an A rating or better from A.M. Best & Co. and acceptable to the Owner; or bonds secured by collateral; or securities approved by the Owner. The Performance Bond shall be written so as to remain in full force and effect as a maintenance bond for a period of not less than one (1) year after the date of final acceptance of the work. The successful bidder, upon failure to execute and deliver the bonds required within ten (10) days after the date of notice of award, shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his bid, and he will be liable for and he agrees to pay to the Owner on demand, the difference between the price bid and the price for which such contract shall subsequently be relet including the cost of such reletting less the amount of such deposit. No plea of mistake in such accepted bid shall be available to the bidder for recovery of his deposit or as a defense to any action upon accepted bid unless said mistake can be proven by documentary evidence acceptable to the Town. After approval of the bonds and execution of the Contract and after ten (10) percent of the work has been completed, the bid security accompanying the bid will be returned. IB - 4 INSTRUCTIONS TO BIDDERS 9. TIME LIMIT TO COMPLETE WORK The contractor shall complete the work within two (2)months of execution of the Contract. 10. BID RESERVATIONS Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This period may be extended, for the benefit of the Town, by mutual agreement between the Bidder and the Purchasing Agent. 11. 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. 12. 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 will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued shall become part of the Contract Documents. 13. 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. 14. 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. 15. MUNICIPAL EXEMPT STATUS The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be included in proposal prices. IB - 5 INSTRUCTIONS TO BIDDERS 16. 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. 17. WAGE RATES The rates of wages determined by the New York State Industrial Commissioner pursuant to the Labor Law, which shall be paid on this project, are set forth herein following the Instructions to Bidders. Contractors and subcontractors are required to submit to the Town, within thirty days after issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll records, subscribed and affirmed as true under the penalties of perjury. 18. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD The successful bidder will be required to procure and pay for the following types of insurance, as set forth in more detail herein following the Instructions to Bidders in the Standard Insurance requirements Section. (a)Comprehensive Automobile Policy (b)Comprehensive General Liability (c)Excess/Umbrella Insurance (d)Owner's and Contractor's Protective Liability (e)Workmen's Compensation Insurance (f)Disability Insurance and Unemployment Insurance 19. QUANTITIES Any quantities set forth in the bid specifications are approximations only. No guarantee is made for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual work done at the unit prices quoted. IB - 6 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us NE w�o Andrew M.Cuomo,Governor 9, �v� Peter M.Rivera,Commissioner SENT OF Town of Southold Schedule Year 2014 Michael Collins, Civil Engineer Date Requested 07/09/2014 P.O. Box 1179 PRC# 2014006316 53095 Main Road Southold NY 11971 Location Southold Town Highway Yard Project ID# Project Type Construct a pre-fabricated 30'wide by 52'long by 10'high Fetterville Pole Building and a 6"reinforced concrete floor 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 2014 through June 2015. All updates, corrections, posted on the 1 st 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 of the TOWN OF SOUTHOLD including, but not limited to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or retirement membership or credit. INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained all insurance required under the following paragraphs, and the Town of Southold has approved such insurance. WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this contract, such insurance as will protect both the 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). SIR - 1 STANDARD INSURANCE REQUIREMENTS OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE• 1. Coverage shall be written on commercial general liability fonn. 2. Coverage shall include: A. Contractual liability B. Independent contractors C. Products and completed operations AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage liability insurance shall be provided by the contractor/vendor with a minimum combined single limit (CSL) of$1,000,000(one million dollars). OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage 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 contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR - 2 STANDARD INSURANCE REQUIREMENTS Description 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 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR - 3 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting, Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary 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. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC - 2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name, he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first-class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work, without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or (b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code) with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s) pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Demolition permit (2) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) 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 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 7.1 A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death) and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS, OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best interest of the Town. 11. TEMPORARY 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 all times. Upon removal of the temporary outside toilet, the vault shall be disinfected, filled and all evidence of the toilet removed from the site. 12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have the power in general to direct the order and sequence of the work, which shall be such as to permit the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to bring the several parts of the work to a successful completion at about the same time. If at any time before the commencement or during the progress of the work the materials and appliances used or to be used appear to the Engineer as insufficient or improper for assuring the quality of the work required, or the required rate of progress, he may order the Contractor to increase their efficiency or to improve their character, and the failure of the Engineer to demand any GC - 7 GENERAL CONDITIONS increase of such efficiency or improvement shall not release the Contractor from his obligation to secure the quality of work or the rate of progress specified. During freezing or inclement weather, no work shall be done except such as can be done satisfactorily and in a manner to secure first-class construction throughout. All work shall be done in such a manner as will properly protect and support existing permanent structures, pipe lines, etc. 13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished. Such inspections may extend to all parts of the work and to the preparation or manufacture of the materials to be used. In case of any dispute arising between the Contractor and the Inspector as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject material or suspend the work until the question at issue shall be referred to and decided by the Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman or perform other duties for the Contractor or interfere with the management of the work by the latter. Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the terms of the Contract. The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to guarantee that all work and materials shall, upon final completion of the work, be turned over to the Owner in a complete and perfect condition and he shall be responsible for the proper care, maintenance and protection of all work and material until his entire Contract is completed and all work and materials found in good condition and accepted. The Contractor will be held responsible for the entire work until completed and accepted by the Engineer and the Owner. The Contractor shall, at all times, provide the Owners, Engineer, assistants and inspectors under him with necessary facilities for determining both on the work and at the places of manufacture, that all work being performed and all materials being manufactured are strictly in accord with the Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all damages to the work including action of the elements or any other cause whatsoever. The Contractor shall continuously and adequately protect the work against damage from any cause. 14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor any order, measurement or certificate by the Engineer nor any order by the Owner for the payment of any money nor any payment for or acceptance of, the whole or any part of the work by the Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its employees shall operate as a waiver of any provision of this Contract or of any power herein reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract shall be construed as cumulative; that is in addition to each and every remedy herein provided. GC - 8 GENERAL CONDITIONS 15. WATER AND ELECTRIC POWER: All water and electric power supply for construction purposes must be provided by the Contractor. The cost shall be borne by the Contractor. 16. MACHINERY AND EQUIPMENT: All machinery, equipment, trucks and vehicles used in the prosecution of the work or in connection therewith, shall at all times be in proper working condition. The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance resulting from his operations. He shall, upon written notification from the Engineer, make any repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these requirements. 17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any portion of the work shall, in the opinion of the Owner, require repairing, replacing, or rebuilding, the Contractor shall start such repairs within five (5) days after the receipt of notice from the Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days, the Owner may employ such other person or persons as they deem proper to make such repairs and pay the expense thereof out of any sum retained by them, provided nothing herein contained shall limit the liability of the Contractor or his Surety to the Owner for nonperformance of the Contractor's obligations at any time. 18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the Contractor shall submit a proposed program of operations, showing clearly how he proposes to conduct the work so as to bring about the completion of his work within the time limit specified. This program shall outline the proposed sequence of operations, the rates of progress and the dates when his work will be sufficiently advanced to permit the installation of work under this Contract. 19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of the work, which may be in condition to use any time previous to its final acceptance by the Owner. Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the whole or any part of the material furnished or work performed under the Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights, which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed, remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours' notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary, prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer, to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation; the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to 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 of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground, nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe, he shall also give such notice to any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3. Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 10. Contract Security H. Laws and Ordinances 12. Qualifications for Employment 13. Non-Discrimination 14. Payment of Employees 15. Estimates and Payments 16. Acceptance of Final Payment Constitutes Release 17. Construction Reports 18. Inspection and Tests 19. Plans and Specifications: Interpretations 20. Subsurface Conditions Found Different 21. Contractor's Title to Materials 22. Superintendence by Contractor 23. Protection of Work, Persons and Property 24. Representations of Contractor 25. Patent Rights 26. Authority of the Engineer 27. Changes and Alterations 28. Correction of Work 29. Weather Conditions 30. The Owner's Right to Withhold Payments 31. The Owner's Right to Stop Work or Terminate Contract 32. Contractor's Right to Stop Work or Terminate Contract 33. Responsibility for Work 34. Use of Premises and Removal of Debris 35. Suits of Law 36. Power of the Contractor to Act in an Emergency 37. Provisions Required by Law Deemed Inserted 38. Subletting, Successor and Assigns 39. General Municipal Law Clause 40. Grades, Lines, Levels, and Surveys 41. Insurance Requirements 42. Foreign Contractors 43. Lien Law 44. Refusal to Waive Immunity 45. Exemption from Sales and Use Tax CC - I CONDITIONS OF CONTRACT 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications, the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgement of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended, or his, their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed Required Approved Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgement of', 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 INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT. 5. COMMENCEMENT OF WORK The Contractor agrees that he will 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 SIXTY (60) DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. CC - 3 CONDITIONS OF CONTRACT The Owner reserves the right to order the Contractor to suspend operations, when in the opinion of the Engineer, improper weather conditions make such action advisable, and to order the Contractor to resume operations when weather and ground conditions permit. The days during which such suspension of work is in force are not chargeable against the specified completion date. 7. LIQUIDATED DAMAGES FOR DELAYS The time limit being essential to and of the essence of this Contract, the Contractor hereby agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money which may be due or may become due to said Contractor under this agreement, the sum of One 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, riots, civil commotion's or freight embargoes, the period herein above specified for completion of his work shall be extended by such time as shall be fixed by the Owner. No such extension of time shall be considered a waiver by the Owner of its right to terminate the Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the Contractor from full responsibility for performance of his obligations hereunder. 9. WEATHER During unsuitable weather, all work must stop when such work would be subject to injury and the Contractor shall transfer his men and materials to those parts of the work where weather conditions will not have any effect on the workmanship. The Contractor shall not be entitled to any damages on account of such damages or suspension, and he must protect any work that might be injured by the elements and make good any work that is injured. 10. CONTRACT SECURITY (a) The Contractor shall furnish a Performance Bond, or other acceptable security, equal to one hundred percent (100%) of the amount of the bid as security for the faithful performance of the Contract, and for the payment of all persons performing labor or furnishing materials in connection with this Contract. The Performance Bond shall be written so as to remain in full force and effect as a maintenance bond for a period of not less than one (1) year after the date of acceptance of the work by the Engineer. CC - 4 CONDITIONS OF CONTRACT (b) Additional or Substitute Bond: If at any time the Owner shall be or become dissatisfied with any surety or sureties, or if for any other reason such bond shall cease to be adequate security to the Owner, the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond in such form and sum and signed by such other surety as may be satisfactory to the Owner. The premiums on such bonds shall be made until the new surety shall have been qualified. 11. LAWS AND ORDINANCES In the execution of the Contract, the Contractor shall comply and obey all federal, state, county and local laws, ordinances, codes and regulations relating to the performance of the Contract, including but not limited to, labor employed thereon, materials supplied, obstructing streets and highways, maintaining signals, storing, handling and use of explosives and all other general ordinances and state statutes affecting him or his employees or his work hereunder in his relations with the Municipality or any other persons, and also all laws, codes, ordinances controlling or 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 Commissioner for purposes of investigation to ascertain compliance with such sections of the Executive Law and Civil Rights Law. The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor has not complied with these laws. The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor Law, as amended, provides that no laborer, workman or mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by this Contract, shall be permitted or required to work more than eight (8) hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire, flood or danger to life or property; that no such person shall be employed more than eight (8) hours in any day or more than five (5) days in any week expect in such emergency; that the wages to be paid for a legal day's work as herein before defined, to laborers, workmen or mechanics upon the work called for under this Contract or upon any material used upon, or in connection therewith, shall not be less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where such work is to be done and each laborer, workman or mechanic employed by the Contractor, subcontractor or other person about or upon the work shall be paid the wages herein provided; that employees engaged in the construction, maintenance, and repair of highways and in water works construction outside the limits of cities CC - 5 CONDITIONS OF CONTRACT and villages are no longer exempt from the provisions of the Labor Law which require the payment of the prevailing rate of wages and the eight(8)hour day. Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933, provides that preference in employment shall be given to citizens of the State of New York who have been residents of Suffolk County for at least six (6) consecutive months immediately prior to the commencement of their employment. Each person so employed shall furnish satisfactory proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons other than citizens of the State of New York shall be employed only when such citizens are not available. Section 222 further provides that upon the demand of the State Industrial Commissioner, the Contractor shall furnish a list of names and addresses of all his subcontractors and 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. Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932, provides that before payment is made by or on behalf of the State of any city, county, town or village or other civil division of the state of any sums due on account of a contract for a public improvement, it is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the Contractor and each and every subcontractor to file a certified statement in writing, in satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily or weekly wages on account of labor performed upon the work of the Contractor, setting forth therein the names of the persons whose wages are unpaid and the amount due each respectively. Section 220-B of the Labor Law, as so amended, provides that any interested person who shall have previously filed a protest in writing objecting to the amounts due or to become due to him for daily or weekly wages for labor performed on the public improvement for which the Contract was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State or financial officer of the Municipal Corporation may deduct from the whole amount of any payment on account thereof of the sums or sum admitted by any contractor or subcontractor in such statement or statements so filed to be due and owing by him on account of labor performed and may withhold the amount so deducted for the benefit of the laborers for daily or weekly wages, whose wages are unpaid as shown by the verified statements filed by any contractor or subcontractor and may pay directly to any person the amount or amounts so shown to be due for such wages. Section 220-C of the Labor Law, as so amended, provides the penalty for making of a false oath or verification. Section 220-D of the Labor Law provides that the advertised Specifications for every contract for the construction, reconstruction, maintenance and/or repair of highways to which the State, county, town and/or village is a party shall contain a provision stating the minimum rate of hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the laborers employed in the performance of the Contract either by the Contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the CC - 6 CONDITIONS OF CONTRACT Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less than such hourly minimum rate of wage. Any person or corporation that willfully pays, after entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no such person or corporation shall be entitled to receive any sum nor shall any officer, agent or employee of the State pay the same or authorize its payment from the funds under his charge or control to any person or corporation for work done upon any contract, on which the Contractor has been convicted of second offense in violation of the provisions of this section. The minimum wage rates established by the Industrial Commissioner, State of New York, for this Contract are set forth herein above as part of"Instructions to Bidders". 12. QUALIFICATIONS FOR EMPLOYMENT No person under the age of sixteen (16) years and no person currently serving sentence in a penal or correctional institution shall be employed to perform any work on the project under this Contract. No person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others, shall be employed to perform any work on this project; provided, however, that such restrictions shall not operate against the employment of physically handicapped persons, otherwise employable, where each person may be safely assigned to work which they can ably perform. 13. NON-DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, age or sex in the employment of persons for work under this Contract, whether performed by the Contractor or any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf of the Contractor or subcontractor discriminate in any manner against or intimidate any employee hired for the performance of work under this Contract on account ofrace, creed, color, national origin, age or sex. There may be deducted from the amount payable to the Contractor by the Owner under this Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of this paragraph; provided that for a second or any subsequent violation of the terms of this paragraph, this Contact may be canceled or terminated by the Owner and all monies due or to become due hereunder may be forfeited. 14. PAYMENT OF EMPLOYEES The Contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this Contract in full (less deductions made mandatory by law) in cash and not less often than once each week. CC - 7 CONDITIONS OF CONTRACT 15. ESTIMATES & PAYMENTS (a) Lump Sum: 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. (b) Contractors and subcontractors are required to submit to the Town a transcript of the original payroll record, subscribed and affirmed as true under the penalties of perjury, prior to being paid for the work under this contract. 16. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of the final payment shall be, and shall operate as a release to the Owner from all claims and all liabilities to the Contractor for all the things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if this payment be improperly delayed. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this Contract or the Performance Bond. 17. CONSTRUCTION REPORTS The Contractor shall submit to the Engineer prior to commencing any work under this Contract, a detailed schedule and plan of operations indicating the manner 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 furnish the Engineer with substantial proof that all bills for services rendered and materials supplied have been paid. The enumeration of the above reports in no way relieves the Contractor of his responsibility under existing Federal or State Laws of filing such other reports with agencies as may be required by such existing laws or regulations. 18. INSPECTION AND TESTS All material and workmanship shall be subject to inspection, examination and test by the Engineer at any time during the construction and at any and all places where manufacturing of materials used and/or construction is carried on. CC - 8 CONDITIONS OF CONTRACT Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and materials necessary to make any tests required by the Engineer and/or required by the Specifications. If at any time before final acceptance of the entire work, the Engineer considers necessary or advisable an examination of any portion of the work already completed, by removing or tearing out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor and materials for such examination. If such work is found to be defective in any material respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered over without the approval or consent of the Engineer, whether or not the same shall be defective, the Contractor shall be liable for the expense for such examination and of satisfactory reconstruction. If,however, such approval and consent shall have been given and such work is found to meet the requirements of this Contract, the Contractor shall be recompensed for the expense of such examination and reconstruction in the manner herein provided for the payment of cost of extra work. The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or equipment shall be subject to the approval of or designated by the Owner. Satisfactory documentary evidence that the material has passed the required inspection and tests must be furnished to the Engineer prior to the incorporation of the material in the work. Any rejected work will be removed from the site of the project completely at the expense of the Contractor. 19. PLANS AND SPECIFICATIONS: INTERPRETATIONS The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed and identified by the Engineer. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown in the Plans shall have the same effect as if shown or mentioned in both. In case of any conflict or inconsistency between the Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive. 20. SUBSURFACE CONDITIONS FOUND DIFFERENT Should the Contractor encounter subsurface conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately, give notice to the Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly investigate the conditions and if he finds that they materially differ from those shown on the Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or Specifications as he may find necessary. Any increase or decrease of cost resulting from such changes will be adjusted in the manner provided herein for adjustment as to extra and/or additional work and changes. CC - 9 CONDITIONS OF CONTRACT 21. CONTRACTOR'S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or any subcontractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work. 22. SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor shall give his constant, personal attention to the work or employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be able to read and speak the English language. 23. PROTECTION OF WORK,PERSONS AND PROPERTY Precaution shall be exercised at all times for the proper protection of all persons, property and work. The Contractor shall give notice to the owners of utilities which may serve the area and request their assistance in predetermining the location and depth of various pipes, conduits, manholes, and other underground facilities. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all hazards shall be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. The Contractor shall furnish entirely at his own expense any and all additional safety measures deemed necessary by the Owner or his Engineer to adequately safeguard the traveling public. The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent property from any damage and shall replace or make good any such damage, loss or injury, unless such be caused directly by errors contained in the Contract Documents, or by the Owner or its duly authorized representatives. The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other signals at his own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes, traffic signals or other visible devices maintained for the use of the public. CC - 10 CONDITIONS OF CONTRACT 24. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work,the character, location, quality and quantity of surface and subsurface materials, structures and utilities likely to be encountered, the character of equipment and other facilities needed for the performance of the work, the general local conditions which may in any way affect the work or its performance. 25. PATENT RIGHTS As part of his obligation hereunder and without any additional compensation,the Contractor will pay for any patent fees or royalties required in respect to the work or any part thereof and will fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent rights unless prior to his use in the work a particular process or a product of a particular manufacturer he notifies the Engineer in writing that such process or product is an infringement of a patent. 26. AUTHORITY OF THE ENGINEER In the performance of the work, the Contractor shall abide by all orders and directions and requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such time and places, by such methods, and in such manner and sequence as he may require. The Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work, shall interpret the Plans, Specifications, Contract Documents and any extra work orders and shall decide all other questions in connection with the work. Upon request, the Engineer shall confirm in writing any oral orders, directions, requirements or determinations. The enumeration herein or elsewhere in the Contract Documents of particular instance in which the opinion, 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 governed and performed, but without exception all the work shall be governed and so performed. CC - 11 CONDITIONS OF CONTRACT 27. CHANGES AND ALTERATIONS The Owner, upon the Engineers recommendation, reserves the right to make alterations in location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or after the commencement of construction. If such alterations diminish the amount of work to be done, no claim for damages or anticipated profits will be warranted on the work, which may be dispensed with. If such alterations increase the amount of work, such increases shall be paid for according to the quantity of work actually done and at the prices for such work as contained in the schedule of prices. 28. CORRECTION OF WORK All work and all materials whether incorporated into the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Engineer who shall be the final judge of quality, materials, processes of manufacture and methods of construction suitable for the purpose for which they are used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good and replaced and/or corrected as the case may be, by the Contractor, at his own expense. If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgement of the Engineer shall be equitable. The Contractor expressly warrants that his work shall be free from any defects in materials or workmanship and agrees to correct any defects, which may appear within one year following the final completion of the work. Neither the acceptance of the completed work nor payment therefor shall operate to release the Contractor or his sureties from any obligations under or upon this Contract or the Performance Bond. 29. WEATHER CONDITIONS In the event of temporary suspension of work or during inclement weather or whenever the Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If in the opinion of the Engineer any work or material shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors to protect his or their work, such work and materials shall be removed and replaced at the expense of the Contractor. 30. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS The Owner may withhold from the Contractor so much of any approved payments due him as may, in the judgement of the Owner, be necessary: (a) To assure the payment of just claims then due and unpaid of any persons supplying labor or CC - 12 CONDITIONS OF CONTRACT 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. 31. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If, (a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of creditors; or (b)A receiver or liquidator shall be appointed for the Contractor for any of his property and shall not be dismissed within 20 days after such appointment, or the proceedings in connection therewith shall not be stayed on appeal within the said 20 days; or (c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply enough properly skilled workmen or proper materials; or (d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the periods herein specified (or any duly authorized extension thereof) or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven (7) days' notice to the Contractor, terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing the CC - 13 CONDITIONS OF CONTRACT work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed,the Contractor shall continue to work. 32. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event, the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 33. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its completion and final acceptance, and that any unfaithful or imperfect work that may become damaged from any cause either by act of commission or omission to properly guard and protect the work that may be discovered at any time before the completion and acceptance shall be removed and replaced by good and satisfactory work without any charge to the Owner, and that such removal and replacement will be performed immediately on the requirement of the Engineer, notwithstanding the fact that it may have been overlooked by the proper inspector, and partial payment made thereon. It is fully understood by the Contractor that the inspection of the work shall not relieve him of any obligation to do sound and reliable work as herein prescribed, and that any omission to disapprove any work by the Engineer at or before the time of partial payment or other estimate shall not be construed to be acceptance of any defective work. 34. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any of his subcontractors; (b) To frequently clean up all refuse, rubbish, scrap materials and debris caused by the operations to the end that at all times, the site of the work shall present a neat, orderly and workmanlike appearance; (c) Before final payment hereunder to remove all surplus material, temporary structures, plants of any description and debris of every nature resulting from his operations. 35. SUITS OF LAW The Contractor shall indemnify and save harmless the Owner from and against all suits, claims, demands or actions for any injury sustained or alleged to be sustained by any party or parties in CC - 14 CONDITIONS OF CONTRACT connection with the construction of the work or any part thereof, or any commission or omission of the contractor, his employees or agents of any subcontractor, and in case of any such action shall be brought against the Owner, the Contractor shall immediately take charge of and defend the same at his own cost and expense. 36. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY In case of an emergency, which threatens loss or injury to property and/or safety of life, the Contractor will be permitted to act as he sees fit without previous instructions from the Engineer. He shall notify the Engineer thereof immediately and any compensation claimed by the Contractor due to extra work made necessary because of his acts in such emergency shall be submitted to the Engineer for approval. Where the Contractor has not taken action but has notified the Engineer of an emergency indicating injury to persons or damage to adjoining property or to the work being accomplished under this Contract, then upon authorization from the Engineer to prevent such threatened injury or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by the Contractor on account of any such action shall be determined in the manner provided herein for the payment of extra work. 37. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall read and be enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be forthwith be physically amended to make such insertion. 38. SUBLETTING, SUCCESSOR AND ASSIGNS The Contractor shall not sublet any part of the work under this Contract nor assign any money due him hereunder without first obtaining the written consent of the Owner. This Contract shall insure the benefit of and shall be binding upon the parties hereunder and upon their respective successors and assigns, but neither party shall assign or transfer his interest herein in whole or in part without consent of the other. 39. GENERAL MUNICIPAL LAW CLAUSE Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the Bidder or any member, partner, director or officer of the Bidder, should refuse, when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or any public Department, agency or official of the State or of any political subdivision thereof or of a public authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership, or corporation of which he is a member, partner, director or officer shall be disqualified from thereafter selling to or CC - 15 CONDITIONS OF CONTRACT 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. 40. 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. 41. INSURANCE REQUIREMENTS The Contractor shall not commence work until the Town has approved all the insurance required under this Contract as required immediately following the Instructions to Bidders. Additionally, the Contractor shall indemnify and save harmless the Town of Southold from and against all losses and all claims, demands, payments, suits, actions, recoveries and judgments of every kind or nature, brought or recovered against the Town of Southold by reason of any act or omission of the Contractor, his agent or employees in the performance of the Contract. The Contractor shall not permit any subcontractor to commence any work under this contract until satisfactory proof of carriage of the required insurance has been posted with and approved by the Town. 42. FOREIGN CONTRACTORS Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as amended, prior to submission of a bid for the performance of this work. The certificate of the New York State Tax Commission to the effect that all taxes have been paid by the foreign contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as used in this subdivision means in the case of an individual, a person who is a legal resident of another state or foreign country; and in the case of a foreign corporation, one organized under the laws of a state other than the State of New York. 43. LIEN LAW Attention of all persons submitting bids is specifically called to the provisions of Section 25, Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being received by a contractor for a public improvement declared to constitute trust funds in the hands of such Contractor to be applied first to the payment of certain claims. CC - 16 CONDITIONS OF CONTRACT 44. REFUSAL TO WAIVE IMMUNITY Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the bidder or any member, partner, director or officer of the bidder, should refuse when called before a grand jury to testify concerning any transaction or contract had with the State, any political subdivision thereof, a public authority or with any public department, agency or official of the State or of any political subdivision thereof or of an authority, to sign a waiver of immunity against subsequent criminal prosecution or to answer any relevant question concerning such transaction or contract, such person, and any firm, partnership or corporation of which he is a member, partner, firm director or officer shall be disqualified from thereafter selling to or submitting bids to or receiving awards from or entering into any contracts with any municipal corporation or any public department, agency, or official thereof, for goods, work or services, for a period of five (5) years after such refusal, and any and all contracts made with any municipal corporation or any public department, agency, or official thereof on or after the first day of July, 1959, by such person and any firm, partnership or corporation of which he is a member, partner, director or officer may be cancelled or terminated by the municipal corporation without incurring any penalty or damages on account of such cancellation or termination, but any monies owing by the municipal corporation for goods delivered or work done prior to the cancellation or termination shall be paid. 45. EXEMPTION FROM SALES AND USE TAXES In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature, amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political subdivisions, as described in subdivision (a)paragraph(L) of section 1116 of the tax laws, of the State of New York are exempt from the payment of sales and use taxes imposed on tangible personal property within the limitations specified in tax law 1115 (a) (15) and (16). (15) Tangible personal property sold to a contractor, subcontractor or repairman for use in erecting a structure or building of an organization described in subdivision (a) of section 1116, or adding to, altering or improving real property, property or land of such an organization, as the 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 "Fetterville Storage Building" PROPOSAL PACKAGE BID OPENS: July 24, 2014 REMINDER NOTE! ! !: VENDORS MUST RETURN THIS DOCUMENT INTACT AND FILLED OUT COMPLETELY! ! (Do Not Sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of contract.) All line items on the Proposal Form must be filled in! All lines must have an indication of the bidder's response whether it is a dollar figure or No Bid. Please DO NOT remove any pages from this bid package! ! ! Thank you! Proposal Package 1 of 9 BIDDER'S CHECK LIST Your response to our above referenced bid will be considered unresponsive and will be rejected if the following forms are not included at the time of the bid opening. ❑ Notarized Affidavit of Non-Collusion as required by NYS Law. ❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the Invitation to Bid. ❑ As per specifications, the Town of Southold requires a current insurance certificate, with the Town of Southold listed as additional insured, to be on file in the Purchasing Department. You will be given ten (10) business days from notice of award to supply this form or the bid will be rescinded. ❑ Vendor Information Sheet and Address Record Form. ❑ Assumed Name Certification. ❑ Bidder's Qualification Statement. NOTE: Please do NOT sign the Contract Agreement. It is included only for informational purposes, and will be signed by the successful bidder after award of the contract. Proposal Package 2 of 9 VENDOR NAME: VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY #: DATE OF ORGANIZATION: IF APPLICABLE: DATE FILED: STATE FILED: If a non-publicly owned Corporation: CORPORATION NAME: LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: ADDRESS: CONTACT: TELEPHONE: FAX: E-MAIL: ONLY if different - MAIL PURCHASE ORDER TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: ONLY if different - MAIL PAYMENT TO: ADDRESS: TELEPHONE: FAX: CONTACT: E-MAIL: Proposal Package 4 of 9 VENDOR NAME: ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached El 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 firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The person signing this bid, under the penalties of perjury, affirms the truth thereof SWORN TO BEFORE ME THIS Signature&Company Position DAY OP 20 Type Name&Company Position Company Name NOTARY PUBLIC Date Signed Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Fetterville Storage Building VENDOR NAME.- VENDOR AME: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 FETTERVILLE STORAGE BUILDING 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 Construct Fetterville Storage Building 1 LS for /LS Dollars Cents Furnish and Install 6"Steel Reinforced 2 Concrete Floor Slab 1 LS for /LS Dollars Cents 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 2014 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC Proposal Package 9 of 9 Town of Southold BIDDER'S QUALIFICATION STATEMENT The signatory of this questionnaire certifies under oath the truth and correctness of all statements and of all answers to interrogatories hereinafter made. SUBMITTED BY: A Corporation A Partnership or Entity FIRM NAME: An Individual PRINCIPAL OFFICE: PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE 1. How many years has your organization been in business under its present business name? 2. You normally perform what percent of the work with your own forces? % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? . If so, note where and why. 4. Are there any claims,judgments, arbitration proceedings or suits pending or outstanding against your firm or its officers? If yes, please provide details. QS-1 5. Has your firm requested arbitration or filed any lawsuits with regard to construction contracts within the last five years'? If yes, please provide details. 6. List the major construction projects your organization has underway at this date: Name of: Engineer/ Project Owner Architect Contract Percent Scheduled Name Telephone # Telephone # Amount Complete Completion 7. List five major projects you organization has completed in the past five years: Name of: Engineer/ Work Done Project Owner Architect Contract Date of With Own Forces Name Telephone # Telephone# Amount Completion % of Work QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Capacity 9. Do you have, or can you obtain, sufficient labor and equipment to commence work when required and complete the work within the 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 day of_ , 2014 Notary Public Commission Expiration Date: QS-4 CONTRACT AGREEMENT THIS AGREEMENT made this day of AD Two Thousand and Fourteen 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"Fetterville Storage Building" 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. IN 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 BY Scott A. Russell, Supervisor 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 2014 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 2014 before me, the undersigned, personally appeared, , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC A-3 DIVISION 1 - GENERAL REQUIREMENTS TOWN OF SOUTHOLD CONSTRUCT FETTERVILLE STORAGE BUILDING GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, 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 1 of 17 DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010 - GENERAL SITE The site of the proposed general construction for the FETTERVILLE STORAGE BUILDING project is located in the Town of Southold at The Highway Yard off of Peconic Lane, County of Suffolk, and State of New York. BACKGROUND This project consists of constructing a 30' wide by 52' long by 10' high pre-manufactured Fetterville Pole Building in accordance with the specifications provided by the Town of Southold and the Manufacturer's Engineered Plans, Cross-Sections, Details and Specifications. The building will be furnished with a 6"reinforced concrete slab floor. SCOPE A. The Contractor is to be advised that a pre-bid site visit is scheduled for July 16, 2014 at LOAM, and it is Strongly Recommended that each contractor bidding on the project attend this site visit. B. In general, the work shall include but not be limited to the following: • Construction of the Fetterville Storage Building • Construction of a 6" steel reinforced concrete slab floor C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1. General Requirements 2. Site Work 3. Concrete 4. Masonry (Not Used) 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) DIVISION 1 - Page 2 of 17 DIVISION 1 - GENERAL REQUIREMENTS D. 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 E. The Prime Contractor shall be responsible for coordinating the contractual construction schedule. Upon award of this contract the Prime 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 of a competent and reliable superintendent, who shall have authority to act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all times, employ labor and equipment which shall be sufficient to prosecute the work to full completion in the manner and time specified. All workmen must have sufficient skill and experience in such work to properly and satisfactorily perform it and operate the equipment involved. Any person employed by the Contractor whom the Engineer may deem incompetent or unfit to perform the work, shall be at once discharged and shall not be again employed. INSPECTION All proposed work under this Contract shall be performed during and with Engineer's approval. The Contractor is advised to inspect carefully the full premises and consult with the Engineer regarding any items of construction or reconstruction that may be questionable. MAINTENANCE AND PROTECTION OF TRAFFIC The Contractor shall so conduct his operations as to interfere to the least extent practicable with the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or DIVISION 1 - Page 3 of 17 DIVISION 1 - GENERAL REQUIREMENTS required for the protection of fire, accidents, property damage and public nuisance. He shall provide and maintain such toilet facilities at or adjacent to the site as may be required. The Contractor shall erect and maintain such signs, channel and obstruction markers and barricades as may be required for the protection of traffic. The Contractor shall not deposit or store any equipment or materials within the Site Area except with written permission from the Engineer. MAINTENANCE AND PROTECTION OF UTILITIES A. The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. B. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure owned by a public utility corporation without the approval of the Engineer. C. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right- of- way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. LABOR, LAWS AND WORKMANSHIP A. All Contractors and Subcontractors employed upon the work shall and will be required to conform to the Labors Laws of the State of New York, the Occupation Safety and Health Act of the various acts amendatory and supplementary thereto; and to all other laws, ordinances and legal requirements applicable thereto. B. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. The standards of the work required throughout shall be of such grade as will bring results of the first class only. QUALIFICATIONS All bidders must have been established in the type of construction 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 furnish a list of a minimum of five (5) projects of similar type construction that was built by them in the Nassau - Suffolk area. List must contain name, address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5) of the projects must have been built for municipal clients. DIVISION 1 - Page 4 of 17 DIVISION I - GENERAL REQUIREMENTS APPROVAL OF SUBCONTRACTORS A. No Subcontractors shall be employed on the work unless prior approval has been given by the Engineer. The Contract shall, within five (5) days after signing of the Contract, submit a list of proposed Subcontractors to the Engineer for approval. The list shall contain firm names, names of all principals and addresses and projects completed by each Subcontractor and names, addresses and telephone numbers of the particular project's Engineer for which the Subcontractor on the aforementioned project list must have been of similar nature. A minimum of five (5) projects for each proposed Subcontractor must be submitted. B. If for any reason a Subcontractor must be discharged from work, the Contractor shall notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall provide the Engineer with the name and qualifications of the replacement Subcontractor for approval by the Engineer. This action is deemed necessary to maintain continuity of the work and to minimize project disruptions. All costs due to slowdown of the project for such reasons shall be borne by the Contractor. STANDARD SPECIFICATIONS Where reference is made in these Specifications to a society, the portion referred to shall be read into and shall be a part of this Contract and Specifications. Materials, methods and equipment shall conform 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 drawings accompanying and forming part of these Specifications bear the titles Overall Site Plan, Pole Barn— Schematic Floor Plan and Pole Barn—Cross Section, Details & Specifications. CLEAN-UP The Contractor shall at all times keep the construction area, including storage areas used by him, free from accumulation of waste material and rubbish and prior to completion of the work, remove any rubbish from and about the premises. Upon completion of the construction, the Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory to the Engineer. GUARANTEES A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the following guarantees in addition to those specifically required in the General Conditions and in the various technical sections. B. 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 DIVISION 1 - Page 5 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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 SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS SCOPE Work shall include but not be limited to the following: A. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and water control. B. Construction Facilities — Access roads, parking, progress cleaning, project signage, and temporary buildings. TEMPORARY SANITARY FACILITIES A. The Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enforce all sanitary regulations DIVISION l - Page 6 of 17 DIVISION 1 - GENERAL REQUIREMENTS and maintain satisfactory sanitary conditions around and on all parts of the work. B. Adequate washing facility shall be provided for the construction personnel. C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory manner and enforce proper use of the sanitary facilities. D. The Contractor shall be subject to a fine and prosecution if any human excrement is deposited in or around the construction site. E. The Contractor shall pay for all expenses associated with temporary sanitary facilities during the course of the work, including furnishing all necessary permits and fees required for temporary sanitary facilities. F. Comply with all applicable codes and arrange for all necessary inspections and approvals. FIRST-AID FACILITIES AND ACCIDENTS A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to supply first-aid to any of his personnel who may be injured in connection with the work. B. Accident 1. The Contractor shall promptly report in writing to the Engineer all accidents and whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which cause death, personal injury or property damage, giving full details and statements of witness. 2. If death or serious injuries or serious damages are caused, the accident shall be reported as soon as practicable by telephone or messenger to both the Owner and the Engineer. 3. If any claim is made by anyone against the Contractor or a Subcontractor on account of any accidents, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 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 DIVISION 1 - Page 7 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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 A. The Contractor shall be responsible to maintain a safe workplace and to monitor working conditions at all times during construction and, as necessary, to provide appropriate protective clothing, equipment and facilities for his personnel, and/or to establish work place procedures to ensure their safety, and to enforce the use of these procedures, equipment and/or facilities in accordance wit the following guidelines: 1. Safety and Health Regulations Promulgated by the U.S. Department of Labor OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR 1920—Safety and Health Regulations for Construction. 2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines. B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands immediate attention because of its high potential for harm to public travel, persons on or about the work, or public or private property, the owner of the Engineer shall have the right to order such safeguards to be erected and such precautions to be taken as necessary and the Contractor shall comply with such orders. If, under such circumstances, the Contractor does not or cannot or his representative is not upon the site so that he can be notified immediately of the insufficiency of safety precautions, the Owner may put the work into such a condition that it shall be, in his opinion, in all respects safety, and the Contractor shall pay all expenses of such labor and materials as may have been used for this purpose by him or by the Owner. The fact that the Owner or the Engineer does not observe a safety hazard or does not order the Contractor to take remedial measures shall in no way relieve the Contractor of the entire responsibility for any costs or claims for loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, DIVISION 1 - Page 8 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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. APPLICABLE REGULATIONS A. In order to prevent environmental pollution and to provide for environmental protection arising from construction activities related to the performance of this Contract, the Contractor and his subcontractors shall comply with all applicable, Federal, State and local laws and regulations concerning environmental protection, as well as the specific requirements stated in this Section and elsewhere in the Specifications. SUBMITTALS A. Implementation Plan Prior to commencement of the work, the Contractor shall: 1. Submit in writing his plans for implementing this Section for environmental protection. 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 1. 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 DIVISION 1 -Page 9 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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 Climato logically 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 1. Hay for use as erosion barrier shall be baled in rectangular bales and shall be tied with twine. C. Snow Fence 1. Snow fence shall be vertical wood lath tied with wire. Snow fence shall be a minimum of 36 inches in height with wood lath spaced approximately 3 inches on center. D. Burlap 1. 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 A. 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 DIVISION 1 - Page 10 of 17 DIVISION 1 - GENERAL REQUIREMENTS the project. The Contractor shall confine his construction activities to areas defined on the Plans or in the Specifications except with written approval of the property owners and the Engineer. B. 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. C. 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. D. 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 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 A. 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. B. 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. DIVISION 1 - Page 1 1 of 17 DIVISION 1 - GENERAL REQUIREMENTS The area of bare soil exposed at any one time by construction operations should be held to a minimum. C. 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. D. 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. E. 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. F. Washing and Curing Water — Water used in embankment material processing, aggregate processing, concrete curing, foundation and concrete cleanup and other 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. G. 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 A. 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 DIVISION 1 - Page 12 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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 A. 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. B. 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. C. 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 operations, to their original condition or to a condition satisfactory to and approved by the Engineer. DUST CONTROL A. 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. B. 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. C. 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. DIVISION 1 - Page 13 of 17 DIVISION 1 - GENERAL REQUIREMENTS D. 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. E. 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. NOISE CONTROL A. The Contractor shall use every effort 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 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 A. 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 DIVISION 1 - Page 14 of 17 DIVISION 1 - GENERAL REQUIREMENTS area impacted. B. 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, brush, 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. Burning of project debris. 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 A. Clean-up Prior to Final Acceptance 1. Clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. 2. 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. 3. Remove stains, prints, paint, and soil marks of any nature from all ceilings, walls, DIVISION I - Page 15 of 17 DIVISION 1 - GENERAL REQUIREMENTS floors, hardware, new and existing fixtures and equipment. B. Final Inspection 1. Upon completion of work under the Contract, notify the Owner and Engineer that work is complete and ready for final inspection. 2. 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. 3. 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. 4. 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. C. Documents Required to be Delivered to En ineer 1. Release of liens 2. Affidavit from all Subcontractors and material suppliers for job, stating that they have been paid. 3. 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. D. 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 DIVISION 1 - Page 16 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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. 2. 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 requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS - DIVISION 02000 - SITE WORK Included in this Division are the following sections: 02200 - Earthwork DIVISION 2 - 1 of 4 DIVISION 2 - SITE WORK SECTION 02200 - EARTHWORK WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: A. Excavation of unsuitable material to be replaced with controlled fill material. B. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. QUALITY ASSURANCE A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. 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. DIVISION 2 - 2 of 4 DIVISION 2 - SITE WORK PERFORMANCE A. The Contractor shall exercise diligent care to protect Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. SOIL MATERIALS A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. EXCAVATION A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal of materials beyond indicated sub grade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. DIVISION 2 - 3 of 4 DIVISION 2 - SITE WORK COMPACTION A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures: Compact top 12" of sub grade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs and Paved Areas: Compact top 12" of sub grade and each layer of backfill or fill material at 95% maximum dry density. BACKFILL AND FILL A. Place acceptable soil material in layers to required sub grade elevations, for each area classification listed below: 1. Under Walks, use satisfactory excavated or borrow material. 2. Under Building Slabs, use satisfactory borrow material. GRADING A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. B. The top of foundation shall be set at 6" above the highest natural grade at the perimeter of the building. END OF SECTION DIVISION 2 - 4 of 4 DIVISION 3 - CONCRETE GENERAL The work under this Division shall be subject to the requirements of the CONDITIONS OF CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY GENERAL CONDITIONS, DRAWINGS, SCHEDULES, ADDENDA, and other Contract documents. Refer to the Drawings and Specifications of other trades and contractors for items which might affect the work under this Division. TABLE OF CONTENTS - DIVISION NO. 3 - CONCRETE Included in this Division are the following sections: 03100 Concrete Form Work 03200 Concrete Reinforcement 03300 Cast-In-Place Concrete DIVISION ') — Page 1 of 6 DIVISION 3 - CONCRETE SECTION 03100 - CONCRETE FORM WORK SCOPE A. The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete form work, including but not limited to the following: 1. Forms and centering. 2. All forms required for the work in this Section. 3. Setting and building of all anchors, inserts, hangers, supports, ties, frames, bolts, sockets, sleeves, lintels, etc., required to be built into concrete work, except where otherwise specified. FORMS, CENTERING AND FORM WORK AFFECTING WORKMANSHIP A. Forms shall conform with the lines, dimensions and shapes of concrete indicated on the Drawings, for the members for which they are provided. They shall be tight to prevent any possibility of movement after concrete is poured and shall insure safety to workmen and the public. B. On concrete exposed to view, metal ties where used shall be detached 1-inch back from surface of exposed side and holes filled with cement mortar and rubbed immediately after removal of forms. C. Forms for concrete work shall be plywood or composite of smooth line construction, that will produce straight, dense surface free from honeycombs, bulges and depressions. D. If any material is used to coat formwork to facilitate its removal, this material shall be of such nature as not to stain or injure the concrete or cause injury to finish to be applied on exposed surfaces on concrete. Forms shall be thoroughly cleaned before reusing. E. All wood form work, including that used in void spaces, pockets and other similar places, shall be removed. F. Forms shall not be disturbed until the concrete has adequately hardened. Care shall be taken to avoid spalling concrete surface. WORK IN CONNECTION WITH OTHER SECTIONS AND/OR CONTRACTS A. Box out for pipes as directed and fill up to pipe sleeves with concrete after same are in place. B. Build in anchors, inserts or slots as required for proper anchorage. DIVISION 3 —Page 2 of 6 DIVISION 3 - CONCRETE C. Set in concrete all sleeves furnished under other sections or contracts, in proper alignment and location. D. Cooperate with other trades. E. Build in concrete all forms furnished by other trades and required to be built into concrete. END OF SECTION 03100 - CONCRETE FORM WORK SECTION 03200 CONCRETE REINFORCEMENT SCOPE The work under this heading shall consist of furnishing all labor, materials, equipment and appliances necessary or required to perform and complete all concrete reinforcing. SHOP DRAWINGS A. Complete and accurate shop drawings shall be submitted to the Engineer for review before any work is executed. Drawings shall show framing plans, details, bending diagrams, sizes and spacing of members, relationship to contiguous work, scale elevations of all reinforced concrete walls, and all other pertinent information. Details shall be carried out in accordance with the A.C.I. rules. B. Contractor shall submit one black and white print and one reproducible with each submission. Cost of all prints required from the reproducible, including prints required by the Engineer, shall be borne by this Contractor. MATERIALS A. Deformed reinforced steel shall conform with SPECIFICATIONS FOR NEW BILLET-STEEL BARS FOR CONCRETE REINFORCEMENT, ASTM A-615, GRADE 60. B. Deformations on deformed bars shall conform with SPECIFICATIONS FOR DEFORMATIONS OF DEFORMED STEL='L BARS FOR CONCRETE REINFORCEMENT, ASTM A-305. C. Welded wire fabric shall comply with ASTM A-185. PLACING OF REINFORCEMENT A. Metal supports, ties and spacers for reinforcement shall be rustproof of proper size, and strength to ensure against displacement during pouring operations. For structural slabs placed on ground, provide legs of slab bolsters and continuous high chairs with continuous plates. B. All reinforcement shall be bent cold. Minimum radius of bend shall be four diameters for bars 5/8 inch round or less, and six diameters for larger bars. DIVISION 3 — Page 3 of 6 DIVISION 3 - CONCRETE C. At intersections, rods shall be securely wired together. D. Contractor shall exercise extreme care to prevent discoloration of exposed concrete surfaces by reinforcement. E. All reinforcement shall be inspected in the forms before concreting starts by the Engineer. Contractor shall notify the Engineer at least 24 hours prior to any pour. END OF SECTION 03200 CONCRETE REINFORCEMENT SECTION 03300 - CAST-IN-PLACE CONCRETE REFERENCES Except as shown or specified otherwise, the Work of this Section shall conform to the requirements of Specifications for Structural Concrete for Buildings ACI 301-89 of the American Concrete Institute. QUALITY ASSURANCE Concrete batching plant shall be currently approved as a concrete supplier by the New York State Department of Transportation. PROPORTIONING (Amendments to ACI 301, Chapter 3)• A. Compressive Strength: Minimum 3000 psi, Refer to Drawing SO.1 Concrete Notes. B. Weight: Normal weight as indicated, Lightweight Concrete (for floor fills): Air-dry unit weight between 95 and 115 lb/cu ft. C. Durability: 1. Concrete shall be air-entrained. Design air content shall be 6 percent by volume, with an allowable tolerance of plus or minus 1.5 percent for total air content. Entrained air shall be provided by use of an approved air-entraining admixture. Air-entrained cement shall not be used. D. Slump: 3000 psi Normal Weight Concrete: Between 2 inches and 3 inches. E. Admixtures: Do not use admixtures in concrete unless specified or approved in writing by the Engineer. F. Selection of Proportions: Concrete proportions shall be established on the basis of previous field experience or laboratory trial batches, unless otherwise approved in writing by the Engineer. Proportion mix with a minimum cement content of 564 pounds per cubic yard for 3000 psi concrete and 611 pounds per cubic yard for 4000 psi concrete. DIVISION 3 — Page 4 of 6 DIVISION 3 - CONCRETE REINFORCEMENT (Amendments to ACI 301, Chapter 5): A. Bar Reinforcement: ASTM A 615, Grade 60, deformed steel bars. B. Fabric Reinforcement: ASTM A 185, welded wire fabric, fabricated into flat sheets unless otherwise indicated. C. Bar Supports: Galvanized steel or AISI Type 430 stainless steel, and without plastic tips. D. Tie Wire: Black annealed wire, 16-1/2 gage or heavier. PRODUCTION (Amendments to ACI 301, Chapter 7) A. Provide ready-mixed concrete, either central-mixed or truck-mixed. EXAMINATION AND PREPARATION A. Do not use items of aluminum for mixing, chuting, conveying, forming or finishing concrete, except magnesium alloy tools may be used for finishing. B. Keep excavations free of water. Do not deposit concrete in water. C. Hardened concrete, reinforcement, forms, and earth which will be in contact with fresh concrete shall be free from frost at the time of concrete placement. D. Prior to placement of concrete, remove all hardened concrete spillage and foreign materials from the space to be occupied by the concrete. FORMWORK (Amendments to ACI 301, Chapter 4) A. Chamfer all exposed external corners of concrete. PLACING REINFORCEMENT (Amendments to ACI 301, Chapter 5) A. At the time concrete is placed, reinforcement shall be free of mud, oil, loose rust, loose mill scale, and other materials or coatings that may adversely affect or reduce the bond. PLACING CONCRETE (Amendments to ACI 301, Chapter 8) A. Operation of truck mixers and agitators and discharge limitations shall conform to the requirements of ASTM C 94. B. Do not allow concrete to free fall more than 4 feet. DIVISION 3 — Page 5 of 6 DIVISION 3 - CONCRETE FINISHING FORMED SURFACES (Amendments to ACI 301, Chapter 10) A. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: 1. Rough Form Finish for concrete surfaces not exposed to view. 2. Smooth Form Finish for concrete surfaces exposed to view. 3. Smooth Rubbed Finish for exterior concrete surfaces exposed to view. 4. Grout Cleaned Finish for interior concrete surfaces exposed to view. FINISHING SLABS (Amendments to ACI 301, Chapter 11) A. Slabs On Grade: Provide key type joints unless otherwise shown. Tool exposed joints. B. Finish Schedule: Except where indicated otherwise on the Drawings, provide the finishes below: I. Broom Finish for exterior slabs. Texture as approved by the Engineer. C. Finishing, General: Provide monolithic finishes on concrete floors and slabs without the addition of mortar or other filler material. Finish surfaces in true planes, true to line, with particular care taken during screeding to maintain an excess of concrete in front of the screed so as to prevent low spots. Screed and darby concrete to true planes while plastic and before free water rises to the surface. Do not perform finishing operations during the time free water(bleeding) is on the surface. CURING AND PROTECTION (Amendments to ACI 301, Chapter 12) A. Maintain concrete surfaces in a moist condition for at least 7 days after placing, except where otherwise indicated. For surfaces of exterior slabs (on grade), apply chemical curing and anti-spalling compound in accordance with the recommendations of the manufacturer. FIELD QUALITY CONTROL (Amendments to ACI 301, Chapter 16) A. The Contractor shall make (2) two test: cylinders per truck load of concrete delivered to the site for testing by a testing lab. One sample shall be taken at the start of the pour and the second at the end of the pour. B. The Contractor shall be responsible for furnishing the Engineer with the test results of each concrete test cylinder tested at 7 and 14 days for each truck load. LABORATORY TESTS The Contractor shall be responsible for arranging and coordinating of all testing. All laboratory costs in establishing the design mix and testing of cylinders shall be borne by the Contractor. END OF SECTION 03300 - CAST-IN-PLACE CONCRETE DIVISION 3 -- Page 6 of 6 C O) 30 C 30 N = C ) 3 �_ � = C N Cn O a O O d om` N p T p m V � w N V 3 L_ M N co s 3 A 3 0 o rn a) Cl) rn 3 a) C') o N = 3 O � O N f0 3 L_ M N .3 L C t? N Y N ci � 3w (n ` 'n oo 9 x 8 Clopay Overhead 9 x 8 Clopay Overhead 9 x 8 Clopay Overhead Raised Panel Door with Raised Panel Door with Raised Panel Door with J ? Steel-Backed Insulation Steel-Backed Insulation Steel-Backed Insulation M LL rn w 52'-0" POLE BARN - Schematic Floor Plan Scale: NTS P013APN - Cross 5ection, beta ils & 5pecificat ion5 NOTE: Pole Barn Cross Section&Floor Plan Details are shown for 41 Orientation and Layout Only. Please refer to Manufacturer's Engineered Plans,Cross Sections, Details&Specifications for additional information. Specifications for Construction of the New 30'x 52'Pole Barn shall be in accordance with Manufacturer's Engineered Design Drawings sealed by a New York State Registered Design Professional. The New Barn shall meet the minimum design specifications of Pole Barns as Manufactured o by Fetterville Sales, located at 245 Fetterville Road, East Earl, PA 17519 NOTE: See Detail for b or approved Equal. Concrete Haunch at The following list of building requirements and specifications All Door Openings. will be used as the Scope of Work for the new facility. • '� • 30'Width x 52'Length x 10'inside height Pole Building. 30'-0" • Roof System: 4'O/C Truss-Pitch 4/12-Loading:30-5-5 Skirt-board: Treated 2 x 6 • POLE BARN Support Posts: 8'O/C Solid 4x6-0.60 Treated Load Bearing Columns Siding: 29 Gauge Painted Steel-Color Evergreen by Fabaral Schematic Cross Section Scale: NTS (Lifetime Warranty) • Roofing: 29 Gauge Painted Steel-Color Light Stone by Fabaral 2 #4 BAR-CONTINUOUS (Lifetime Warranty) @ EACH DOOR OPENING • 6"CONCRETE SLAB with 12"Boxed Overhang on 2 Sides with Vented Soffit. 6x6-10/10 Wire Fabric. • 1/4"Solex Insulation of Roof for Condensation Protection. -40 • 3-9 x 8 Clopay Overhead Raised Panel Doors with Steel-Backed ---=-- Insulation. 00 GRADE - -�'� • 1 -3 x 6-8"Fiberglass 9-Lite Entry Door with Keyed Latch set. 12.. • 4-3 x 4 Double-Hung Insulated Windows with Grids between the Glass. • Concrete Haunch Detail 1 -2'Metal Cupola,Vented and includes a Black Weathervane. • Full Ridge Vent. @ Each Door Opening Scale: NTS • New York Sealed Engineered Plans-6Sets. NEW POLE BARN SCTM#: FINAL LOCATION TO SCTM#: 1000-86-01 -3.1 BE SET IN THE FIELD 1000-86-01-3.3 • BY TOWN ENGINEERING. 311 Z 1 1020.47' 150 X TOP SOIL AGGREGATE Z DPW G7 _ RIP-RAP O ) O - 54 BASE x 3 HIGH o6zroTAL TOWER POLICE r i COMPOUND m DEPARTMENT m N O o SNOW o Z - o FENCE 80' SAND- —1_ -:J'Exis[irg R I 1.Ly] p 0" E 205.00' -zsoo cal. - GRAVEL y S. 36°53'0 N o - ,J c� . - 52 BASE x 3 HIGH - N �- L � _ .... o _ 158 TOTAL °�O SCTM#: �� 100' o 1000-75-05-13 WASPAD i SCREENED 30,x 61 SAND o STREET At 00 SWEEPINGS 00 ------------ �, 00000 -4 I — 00000 � c SOUTHOLD 00000 0 SCTM#: TOWN 1000-75-05-12 '- Drainage o U, HIGHWAY Supplies YARD 12 BASE x 1 HIGH 1!I!!I - __.—----• IllllWW 12 TOTAL eao Miscellaneous G n SCTM#: C&D - 12 BASE x 1 HIGFftOrage o 1000-75-05-1112 TOTALLn w - 22 BASE x 2 HIGH al w - 44 TOTAL J c O 00 a4 mn a ^ fir, a. e'er a=moo Cyi p p AN. 30-10-50- W. gp "' Bay o' �� +" �� � � Constable E? o r� w S. 32°33'10" E. 674.87' x ❑ to S. 30°19'00" E. 69� 0 ❑ 10 10 cn rn SCTM#: q•q p10'10 ; on 1000-75-05-1.1 i C2 O SCTM#: oo�N m o n 1000-75-05-11 0C� cn 0� 0IIIIIIIII o V La �t Cf) z oo C) zc p o � N Cn N O E. 202.82' --- ----------------- --------------------- ------------ ------------------ -- PECONIC LANE -- --------- ---- ------------ -- --- m Proposed 30' x 52' Pole Barn for D. P. W. ---- ---- --- ___ -_ --- -- --- m 'I Overall Site Plan N ' , I '' Scale: 1" = 100.00' N "�o' vn -e V- bu; 13K uj&j I CARTER-MELENCE, INC. Contractors f"4 New York Avenue t Office Box 907 d Beach, NY 11789 (631) 744-0127 tel Donald J.O'Hanlon (631) 744-0528 fax President 4cmi@optonline.net { LODUCA ASSOCIATES INC. GENERAL CONTRACTORS CHRISTOPHER PERRY ASSISTANT PROJECT MANAGER 926 D Lincoln Ave. Phone:631-567-3144 x15 Holbrook,NY 11741 Fax:631-567-3371 www.LoDucaGC.com Chris@LoDucaGC.com a I i i ����)�,✓S1`' ��%�.`'�.�,`'✓-moi