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f� Town Hall, 53095 Main Road P.O. Box 728 �10,� y►�� Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 11, 1-985 JOAN Attached hereto is Cashier's. Check in the amount of $500.00 re: Muirfield Contracting, Inc. award of bid � for sidewalk and curbing removal and replacement at. various sites in the Town of Southold - 1983. There were several claims against the Town as a result of this work and after a discussion with Supervisor Murphy and Superintendent of Highways Dean today, I was advised to transmit this to you for deposit to the Whole Town Account. I spoke with Erika Taggart,. North Fork Bank 5 Trust Co. today and she made the necessary inquiries and advised me this check could be deposited and the bank would honor it.' MUIRFIELD CONTRACTING, INS 16 Heath Place GARDEN CITY, NEW YORK 11530 DATE JOB NO. 742-8124 9 83 ATTENTION' RE: TO %mawkswahm tcv� Ali Y. /117 1 WE ARE SENDING YOU [7 Attached El Under separate cover via the following items: El Shop drawings 0 Prints El Plans 0 Samples 0 Specifications 60 Copy of letter El Change order E] COPIES DATE NO. DESCRIPTION Ab&(l THESE ARE TRANSMITTED as checked below: El For approval El Approved as submitted El Resubmitcopiesfor approval rg For your use El Approved as noted 0 Submitcopiesfor distribution 0 As requested El Returned for corrections El Return-corrected prints E3 For review and comment F 0 FOR BIDS DUE 19- El PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: A(. A& 6 -v - iir enclosures are not as noted, kindly notify us at one MUIRFIELD CONTRACTING IN' 16 Heath Place ETTEM TnRAUCTUnL GARDEN CITY, NEW YORK 11530 DATEJOB NO. (516) 742-8124 �'? _ 831 y ATTENTION RE: TO I N\A t J 727 i WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: I ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ !! COPIES DATE NO. DESCRIPTION 'I I THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS rllau Sao JUL$5 Ck&UAW u T � CO O COPY S c�z HwyS SIGNED: v� Fidelity and Deposit Company HOME OFFICE OF MARYLAND A,u.TIMORE,MD. 2120 Mnlntenanee Mond No.---96.32..262-M KNOW ALL MEN BY THESE PRESENTS: That We,----..Muirf_ield...Contracting.r----In.C........ _-__16•-.Heath Place Garden City! N. Y. 11530-.. (hereinafter called the Principal) as Principal and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation with an office and place of business for the State of New York at 110 William Street,New York, N. Y. 10038 (hereinafter called the Surety) as Surety, are held and firmly bound unto the----------------------------------------------------- . .. . .. .....Tolm...Qf...S0.ut iald....................... .. ... ..... ... .. . . ....... .. ..... .._....... ........................................... (hereinafter called the Obligee), as Obligee in the sum of._.` hirty..Qne.-Thousand••.Seven_ ............ Hundred...Six...and--14/100--------------------------------------------------------- ----- -($31.v7Q6..14 DOLLARS, lawful money of the United States of America, for the payment whereof the Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents. _Ifth...... Jul ---•--....19..83... Signed, sealed and dated this----------------------- - - y of...... the Principal heretofore entered into a written contract with the Obligee for...................... ........ curbing-.•removal__and__replacement ---•-•-----•-- ---••••••...... ...................................... ............................................. •-•--•-------•-•-------•-••---•--- •----•....-•-•-•--••..............................•-----•--••••----- ........................................... -.......................................................................... ...............I....................................... ...................-............................................................................................................... --------•--------------------------------------------------------------•----..._._......---•---•---•-•--••-•----....•-••-----•-----•---•-•••-•-•---•. ...... . ---------------------------------------------------------•-•----- ------. ............................. ----------------------- ...... ..------•---------------------------------------••-•----••••--...-- .................... ........ ----------....---•-•-------- ............................................................ --------------------------------------------------------------------------------------------- ------- •------•-••-... - WHEREAS, said Contract provides that the Principal shall guarantee..._.-................................................. Si dewalk and curbing removal _replacement................................. ......•--•---------- . . g................................... -------------------------•---•-------•------------------------------------------------------...----------------- ................................................ ------------------------------------------------------------------------.-----••------•--•----•-•--._...•-•-- ---.. ............................................................ ------------------------------------------------------------------------------------------------------------ -- -...--•--------•••----•--...... •••-••--.....••.........................•---..............••---------------- ----•-•---•---••-••.....---••---....---••-•---------•-•-------..... . ----------------------------------------------•---------------------- ....................---------•-•---- ...................--................... ----- ----------- - -------------------•--•- .. ............••--•••--•-----...-••-•-•--.........•--.......---........---.......... .. .............--•••.._..----....-----•----- - NOW,THEREFORE,the condition of this obligation is such,that if the above Principal shall indemnify the Obligee against any loss by reason of his failure to make good at his own expense any defects or de- ficiencies in materials or workmanship which may appear in the work under said contract within the period of......m--_Ci.)..................................yearW from the date of acceptance of the work, then this obligation shall be void; otherwise to remain in full force and effect. MUIRFIELD CONTRACTING, INC. ............. .. ........ .................................................................. Principal ByJf,1'�' F SI ,L' FIDELITY AND DEPOSIT COMP Y OF MARYLA By ...... ....... Y C7067(NY)-IM.1-75 197540 Robert G. Tynan, Attorney-in-Fact Formerly NY700 STATE, OF-AG-W-York COUNTY OF_______-.___lfasSav SS: -------------------- --- j�Teel (; JL -2 Inseph H. Farley appeared.--- -- -------------------------day of------------------------ Y On this --------------------- before me personally -------------------------------------------------------------------------------------------------------------------------------------------------- with whom I am personally acquainted, who, being by me duly sworn, did depose and say: That he resides at------V-4,-BOX---R8---------------------------------------------------that he if, the----PRENT --ESI---D------------------------- of the- ------------OR-EENPOKN,-`- � e944 Muirf ield Contracting, Ino.- ------------------------------------------------------------------------------------------------------- the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate sea]:that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. ------------ i ------------------- J K. C Not ry f New York County BR(112)23 216998 al:'ic, in .. .... County Commission Expires March 30,198q STATE OF----------------NW-TOM------ *��r���T� pp^^D�v}� SS: COUNTY OF--------------I�FaA---d�6lilK------- On this---------------------- Jg-----------------day of------------------------ 190— before me personally f appeared.-------------------ROBERT--G.---`L'YNA11t--------------------------- --- -- - — - - with whom I am personally acquainted, who,being by me duly sworn, did depose and say: That he resides at--------ISY---YORK9---NW---YORK----------------------------that he is the.-.ATTORNKY-IN-FACT-. of the.-----------------------FMUIT-x--AND--DEPOSIT--COM-AM--.O&-- XIAND----------------------------------- the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal;that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. Z� - ----------------- -- --------------------------- ------------- WILL AM F. TYNAN / Notary Public BR(112)23 216998 Notary Puc. State of New Yo County bs No. 30.0 106495 , r1 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Com- pany, which reads as follows: SEc.2.The President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially author- ized so to do by the Board of Directors or by the Executive Committee,shall have power,by and with the concurrence of the Secre- tary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees, mortgages and instruments in the nature of mortgages,and also all other instruments and documents which the business of the Com- pany may require,and to affix the seal of the Company thereto. does hereby nominate, constitute and appoint William F. Tynan, III and Robert G. Tynan, both of New York, New York, EACH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Its true and lawfulagent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed:any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly electe ..officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of att " •ney revokes that issued on behalf of William F. Tynan, III, dated, September 21, 1978 and on behalf of Robert G. Tynan, dated, July 15, 1976. The said Assistant Secreory does hereby certify that the aforegoing is a true copy of Article V', Section 2, of the By-Laws of said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their naives and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this .........................t --- . --.day of.-------------- ------March-------------- -----------. A.D. 19 .81__. FIDELITY AND DEPOSIT COMPANY OF MARYLAND p29;t- ATTEST: �a a� W 5EAL 0 B - �r.11Y1��� -4 y __ �_••-•..-----__--_--_. 'J A STATE OF MARYLAND l SS: ssistant Secretary Vice-President CITY OF BALT�pR f On this lit day ofd' March A.D. 1981 before the subscriber, a Notary Public of the State of Maryland,in and for the Cit}rof Baltimore,daily commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the&y and}ear first above writ-ten. L �•i Mor�er�� .1 Notary Public •m ssion Expires_•J41y___1„___1982 CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- ciallyauthorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the IDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with.the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscri y name and affixed the corporate seal of the said Company, this ..............................f Q�-•--••----..__.day of........................_. -.__....... _... 19�... L1428ctf.— 112-2764 ............... --•--- --------------------------------- ..........-...._........................... A ssistant Secretary FOR YOUR PROTE'C'TION 1,001, IA )R T1 IF r"c I "'XIT"KNIAR L145&—.%M,8-82 215928 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Financial Condition AS OF JUNE 30, 1982 The To ASSETS *Bonds ...... .. .. . ... .... ... .... .... ... ...... ... ... ..... . .. .... $88,593,973 *Stocks . ... .. ...... ...... ... ..... ... ... ... ... ....... .. ... ...... 95,423,343 Real Estate . .. ...... ....... . .. .... ...... .... ... ... .. ...... ... ... 3,051,568 Cash in Banks and Offices .... .. .. .. ...... ...... .... ... ........... 2,782,651 Premiums in Course of Collection (less than 90 days old) ..... .. .. ...... 12,761,299 Reinsurance and Other Accounts Receivable ..... ... ....... .. .. . ..... 3,219,657 TOTAL ADMITTED ASSETS....... ... ... .. ... ... ... .... ....... ..... $205,832,492 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums ......... ... ... ... ... .... ..... .. ... $70,654,280 Reserve for Claims and Claim Expenses ...... ... ...... . ... .. ... ..... 39,593,309 Reserve for Taxes and Expenses........... ... ..... . .. . . .. .. ... ..... 3,095,608 Miscellaneous Reserves and other Liabilities ... ...... .. . . ........ .... 7,241,645 TOTAL LIABILITIES ... ... ... ... ..... ...... ... ... ... . ....... . .... $120,584,844 Capital Stock, Paid Up . ... . ... .. ... ........ ...... .. $5,000,000 Surplus .. .. .......... . ... ........ ... ... ... .. ... . . 80,247,648 Surplus as Regards Policyholders..... ...... .. . ... .. . ... . ..... ...... 85,247,648 TOTAL .. ... ..... ...... . ..... .. . ..... ... ... ... ... . ..... ...... $205,832,492 Securities carried at $3,747,563.in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners.On the basis of June 30, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $187,677,970. and surplus as regards policyholders $67,093,126. 1, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June,1982, according to the best of my information, knowledge and belief. William R Amos Treasurer STATE OF MARYLAND CITY OF BALTIMORE y Subscribed and sworn to,before me,a Notary Public of the State of Maryland in the City of Baltimore,this 30th day of July, 1982. Stephanie A. Mason Notarial Notary Public Seal My commision expires July 1, 1986 i P ., or {. Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY �a TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR or VITAL S I \I IS FICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 8, 1983 Honorable Raymond C. Dean Superintendent of Highways Town of Southold Peconic Lane Peconic, New York 11958 Dear Rink: Attached hereto is a letter from Ellen Barker of Barker ' s Pharmacy, Love Lane, Mattituck informing the Town of damage done to her building during the sidewalk replacement. Very truly yours , Judith T. Terry Southold Town Clerk cc: Town Board Members McMann-Price Agency Town Attorney Tasker Muirfield Contracting, Inc. ��irke��5 p�rrvn«c�� l o v e cc n 2 JUL 8 i3 f0"am* Sw iww �iacQ �'� 12rY� Sv��a-�vlC(I 0«VA C Ie� k Som olcQ � {U. `(. t Ict� I Le,s E week 1� ct new 1t�c�(�wetl�c c.Uct 5 P�-4- i n r\ c,1 4 0 t'r VIE( r vn 6; C L . WhC l2 -}-b,.k Cov\4vc4c4ov5 bvfcl of oo r 5 1 I �t�,5-6 t'v g CA, P`�Y YLu✓t-} L cXi 5 ;ci t v c . Q h ck b r C; ICS +t\-Q -) n-C t7 51cQ w a\k- 0"Q-I5 -��Q ��1GtrmGcCy rr-,2 4,5t 4-4 5 r'��wat1� �,cQ c� 5 I �►�� lin k c�vv,e�-f ��et5 ci rct{P . W h�v2 ��"�� kJ J_-- hoc v e- 5 fo k e n w"'+" m r ' C4[v b5 0�- +-1%k l� J��wc�, �e r r 4 av n 4 Ci �oK 41-) 1'5 . f c< n k L 0 L/oLc i -RUIRFIELDGCONTRACTING,HeatI ������ URMS GARDEN CITY, NEW YORK 11530 foeDATE JOB NO. (516) 742-8124 ATTENTION �11�#I!lII� ��� �► RE: TO SLr WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO (� SIGNED: PRODUCT 240.2 a if enclosures are not as noted, kindly notify us t ce. n irc,clam.wn man. MUIRFIELD CONTRACTING I_ 16 Heath Place � LIETTEEM10F "MUM UEL • "`+� GARDEN CITY, NEW YORK 11530 JUL I= DATE JOa NO. (516) 742-8124 Town Clwic SerllwW 7- 3 - s s ATTENTION RE: TO C; f i (,)ilJ's �(iVi21 /In1G - C L,4l ti4S 7ot�� - ✓ c ; A 1/00 r WE ARE SENDING YOU )6 Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ,Bl Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS A(�; �`><',� ,���� Lim Fel L�� Cx= ��i►��S F Z�M _ MPjt�_L'�_I N J'� �✓��'l �.�'T1,� 1 ,F-TCE3L�. As�S t/�1>= T W L_j--etf COPY TO C /V6/7:74 FcEJL Y SIGNED: PRODUCT 240-2 �s,IK.,%*..Mia 01471 It ane16sures are not as noted, kindly notify usJ 8 fl FAKEY J W, �� AV 'qV C; r Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY � �� TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 1, 1983 Honorable Raymond C. Dean Superintendent of Highways Town of Southold Peconic Lane Peconic, New York 11958 Dear Rink: Attached hereto is a letter from the North Fork Gallery, Main Street and Beckwith Avenue, Southold, informing the Town of damage done to his building by Muirfield Contracting Co. during the removal of side- walks in front of the Gallery building. Very truly yours, Judith T. Terry Southold Town Clerk cc: Town Board Members McMann-Price Agency Town Attorney Tasker Muirfield Contracting Co. r 4 RECEIVED JUL 11983 Town Clerk Southold v ct THIS AGREEMENT, made and entered into this 13th day of June , 1983, by and between the TOWN OF SOUTHOLD, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York, in the County of Suffolk (hereinafter called the Town), party of the first part, and MUIRFIELD CONTRACTING, INC.. (hereinafter called the Contractor) , party of the second part. I WITNESSETH, that the parties to these presents, each in consideration of the { agreement on the part of the other herein contained, have agreed and hereby agree, the party of the first part for itself, its successors and assigns, and the party of the second part, for itself, himself, his heirs, executors, successors and assigns, as follows: 1. The Contractor will,at the Contractor's own sole cost and expense, furnish all labor and services and all material for the removal and replacement of approxi- mately 600 square yards of broken and/or deteriorated sidewalk and curbing in various sites of the Town of Southold, as specified by the Highway Superintendent, and will construct, complete and finish the same in the most thorough, worlananlike and sub- stantial manner, and in every respect to the satisfaction and approval of the Town in the manner a►id in strict accordance with the Notice to Bidders, General Conditions, Proposal, and Specifications which are hereby made a part of this contract, as fully as if the same were repeated at length herein. 2. All work under this contract shall be done to the satisfaction of the Town, which shall at all times have access to the work and which may order the dismissal of such workmen as it may deem incompetent or careless, or may require the Contractor to remove from the premises such materials or work as in the Town's opinion are not in accordance with the Specifications, substitute therefor, without delay, other work and materials, and the expense of doing so and of making good other work dis- turbed by the change, shall be borne by the Contractor. The Town shall also deter- mine the amount, quantity, acceptability and fitness of the several items of work and material which are to be paid for hereunder. The Town shall also determine whether the said Specifications have been fully complied with by the Contractor. The determination of the Town in all of such matters shall be final and binding upon the parties hereto. Such determination, in the event that any question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. 3. Should anything be omitted from the Specifications which is necessary for a clear understanding of the work, or should error appear either in the various instruments furnished or in the work done by other contractors affecting the work covered hereby, the Contractor shall and will promptly notify the Town, and in the event of the Contractor's failure so to do, he shall and will make good any damage to or defect in the work caused thereby. 4. The Contractor shall, at his own cost and expense, provide any and all manner of labor, material, apparatus, appliances, utensils, tools, machinery and whatever else may be required of every description necessary to do and complete the work, and shall be solely answerable for the same and for the safe, proper and lawful construction, maintenance and use thereof. The Contractor shall cover and protect the work from damage, and shall make good all injury to the same appearing before the completelon of the work provided for herein. 5. Neither the Town nor any of its officers, agents or employees shall in any manner be answerable or responsible for any loss or damage that shall or may happen to the said work or to any part or parts thereof, or to any materials, loading -2- • 6. equipment or any property that may be used or employed therein, or placed upon the ground during the process of the work, nor shall it be in any manner answerable or responsible for any injury done or damage or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees of the Contractor or otherwise, or for damages to any property, whether belonging to the Town or to others, appearing during or resulting from the said work. Against all such injuries, damages and compensation, the Contractor shall and will properly guard. The Contractor shall also, at all times, indemnify and save the Town and its officers, agents and employees harmless against all such injuries, damages and ! compensation arising or resulting from causes other than its negligence. 6. The Contractor agrees that it shall, pursuant to the Workmen's Compensation Law of the State of New York, secure the payment of compensation for the benefit of all employees who may be injured or suffer disability in the work contracted to be performed under this contract, and for the benefit of the dependents of such employees. The Contractor shall continue to secure the payment of such compensation during the life of this contract. In the event of the failure of the Contractor i to secure compensation to the employees and their dependents as aforesaid, or in the event of the failure to continue the securing of such compensation during the life of this contract, the contract shall be and become void and of no effect, and the Contractor shall forfeit to the Town all payments provided under this contract and the value of all work done and materials rendered hereunder. 7. The Contractor and each subcontractor or other person doing or contracting to do any work contemplated by this contract shall comply with all laws, ordinances ' and regulations in any manner affecting the work or performance of this contract, whether or not such laws, ordinances or regulations are mentioned herein and shall -3- indemnify and save harmless the Town and its officers, agents and employees against any claim or liability arising from or based upon the violation of any such law, ordinance or regulation. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. Without in any manner limiting the foregoing provisions hereof, attention is particu- larly directed to the applicable provisions of Article 8 of the Labor Law (wages, hours, statements showing amounts due for wages, discrimination, preference in employ- went, minimum rate of wages, etc.) , and Article S-A of the General Municipal Law (Public Contracts) , which said provisions of law are incorporated herein by reference. Prevailing wage rates are attached hereto and form a part hereof. 8. The Contractor shall secure and take out at his own expense all necessary certificates, authorizations and permits from the municipality or other public author- ities required in connection with the work contemplated by this contract or any part thereof, and shall give all notices required by law, ordinance or regulation. He shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this contract. 9. The Contractor in entering into this agreement, understands that the Town reserves the right to modify the same with respect to the arrangement, character, alignment or nature of the work or of appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modification when ordered in writing by the Town, and the same shall not vitiate or void this contract. Any such modification so made shall not, however, subject -4- the Contractor to increased expenses without equitable compensation, which shall be determined by the Town. If such modifications or any part thereof, result in a decrease in the cost of work involved, an equitable deduction from the contract price, to be determined by the Town, shall be made. The Town's determination of any such additional compensation or of any such deduction shall be based upon the bids submitted and accepted. In any event, no modification of the work described in the Specifications shall be made, unless the nature and expense thereof have first been certified by the Town in writing and sent to the Contractor. 10. Neither the Town nor any of its officers, agents or employees, nor any order for the payment of money, nor any payment for, or acceptance of the whole or any part of the work by the Town, nor any extension of time, nor any possession taken by the Town, its officers, agents or employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Town, or any right to damages herein provided; nor shall any waiver of any other provision of this contract be deemed to be a waiver of any other or subsequent breach. Any remedy provided in this contract shall be taken and construed as in addition to each and every other remedy herein provided; and in addition to all other suits, actions or legal proceedings, the Town shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of this contract. 11. In case of unnecessary or inexcusable delay in the general conduct of the work or in the event of an actual or practical abandonment of the work, the Town will notify the Contractor or his bondsman in writing to that effect. If the Contractor or his bondsman shall not within six (6) consecutive days thereafter take such measures as will, in the judgment of the Town, insure a satisfactory com- pletion of the work in the time specified, the Town may then notify the aforesaid contractor and his bondsman to discontinue all work under this contract, and it is hereby 7greed that the Contractor and his bondsman shall immediately respect such notice and stop work, and cease to have any right to possession of the premises whereon said work is being performed. The Town shall thereupon have the power and authority to cancel the contract, and to relet the work or any part thereof or to employ such persons and equipment as it may deem advisable by contract or otherwise, to complete the work herein described, and to use such material as it may find upon the premises, and to procure other materials for the completion of said work. All expenses of such completion of the work, including the additional payments to be made to the persons completing the same, and any other claims arising under this contract, shall be deducted and paid by the Town out of such moneys as may then be due the said Contractor or which may thereafter become due under and by virtue of this agreement or any part thereof. In case such expense is less than the sum which would have been payable for such work under this contract if the same had been fully completed by the Contractor, he shall be entitled to receive the difference; in case such expense is greater, the Contractor shall pay the amount of such excess so due. 12. Each and every employee of the Contractor, and each and every subcontractor engaged in said work, shall, for all purposes, be deemed and taken to be the exclusive servants of the Contractor and not for any purpose in any manner in the employment of the Town. The Contractor shall in no manner be relieved from responsibil:__y or liability on account of any delay in the execution of the said work, or of any part thereof, by the acts or omissions of any such employee, or any subcontractor,. or any materialmen whatsoever. 13. The Town shall pay, and the Contractor shall receive, the prices stipulated in the proposal hereunto annexed, as full compensation for everything furnished -6- and done by the Contractor under this contract. Such payment shall be made by the Town as follows: (a) On not later than the fifth day of every month the Contractor shall submit a requisition covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Town. (b) Not later than the fifteenth day of each calendar month after the date of notice to proceed with work at the site, the Town will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Town will retain five percent (57.) if the amount of each such estimate until final completion and acceptance of all work covered by this contract. (c) No partial payment will be made for any materials or equipment until they are incorporated in the work except that fifty percent (507) of the estimated value may be allowed for manufactured materials delivered at the construction site and properly stored and protected, provided, however, that the Contractor if so requested by the Town shall furnish written evidence that he is the unconditional owner of such manufactured materials. (d) All work covered by partial payments made shall thereupon become the sole property of the Town, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and portection of work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require the -7- fulfillment of all of the terms of the contract. (e) Before any payments will be made under this contract, the Town reserves the right to require that the Contractor and all subcon- tractors shall submit written verified statements, in satisfactory form, certifying in detail to the amounts then due and unpaid by such Contractor and subcontractor to all laborers for daily or weekly wages on account of labor performed upon the work under this contract, or to other persons for materials, equipment and supplies delivered at the site of the work. The i term "Labor" as used herein shall include workmen and mechanics. (f) Upon completion of the project, the Town Engineer shall make a final inspection for approval of all the work done under this contract and shall, within fifteen days after the acceptance of the work by the Engineer and the Town, prepare a final certificate of the work done and the value thereof. The Town shall upon approval of the final certificate, promptly pay the Contractor the entire sum so found due thereunder after deducting all pre- vious payments and all percentages and amounts to be kept and retained j under the provisions of this contract. All prior partial payments shall be subject to correction in the final estimate and payment. (g) Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Town and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. 14. The Contractor, during the term of this contract, shall provide owner's protective liability and contractor's public liability and property damage insurance to be written by an insurance company authorized to do business in the State of New York and approved by the Town, such policies to be in amounts of not less than -8- i t $100,000,000 with respect to claims arising out of any one accident resulting in I bodily injury to or death of any one person, and in amounts of not less than $1,000,00C with respect to claims arising out of any one accident resulting in bodily injury to or death of more than one person, and in an amount of not less than $100,000 against claims arising out of any one accident resulting in property damage, all protecting the Town and the Contractor against injuries or damage to 'persons or property caused by or resulting from the execution of the work or in consequence of any improper materials, implements, equipment or labor used therein, or due to any act, omission or neglect of the Contractor or his agents and employees or subcontractors. Certificates of such insurance shall be filed with the Town Clerk. 15. The Contractor shall not assign, transfer, convey, sublet or otherwise dis- pose of this contract, or of his right, title or interest therein, or his power to execute the same, to any other person or corporation without the previous consent in writing of the Town. In the event that the Contractor shall violate the provisions of this paragraph, the Town shall revoke and annul the contract and the Town shall be relieved and discharged from any and all liability and obligations growing out of such contract to such Contractor, and to the person, or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise dis- posed of, and such Contractor, and his assignees, transferees or sublessees shall forfeit and lose all moneys, therefor earned under this contract, except so much as may be required to be paid to his imployees. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto, and these presents to be signed by the Supervisor of the Town of Southold and the i i Contractor has hereunto set his hand and seal the day and year first above written. ` TOWN OF SOUTHOLD f BY William R. Pell III, Supervisor MUIRFI D COT C. -9- Joseph H. Farley, Presid t STS_'"E OF NEW YORK) ss. : COUNTY Or SUFFOLK) On this 13th day of June 1983, before me personally came WILLIAM R. PElul, III, to be personally known, who, being by me duly sworn, did dispose and day that he resides at 530 Anglers Road, Greenport, New York; that' he is the Super- visor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that lie knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Southold Town Board, and that he signed his name thereto by like authority. i I R y Notary Public STATE OF NEW YORK) ss. : COUNTY OF SUFFOLK.) (Acknowledgement for Individual Contractor) On this day of 1983, before me personally came I to me known and known to me to be the individual described in and who executed the above instrument, and he acknowledged that he i executed the same. d + Notary Public -10-- i STATE OF NEW YORK) ss. : (Acknowledgement for Corporate Contractor) COUNTY OF SUFFOLK) On this day of J�;y 1983, before me personally came r 164 z L-r ;4 to me personally known, who, being by me duly sworn, did depose and say that he resides at C-?i-Z n,,X-*z that he is the of ��,�z F�E z5 v� ;; � , �.vG i,v c the corporation described in and which executed the above instrument; that he knows the seal of said corporatio that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. 44 a�f / Notary Public r "eP d;tr.dsStun L;;.},{rt, �y 30,198`f A -11- State of New York Bureau of Public Work Department of Labor A, State Office Building Campus h Albany,N.Y. 12240 CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics, shall comply with the requirements of Article 8(Sections 220-223)of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not le s than the prevailing rate of wages at the time tite work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. if the prevailing rate of wages or the prevailing supplements change after the contract is let, each workman, laborer or mechanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current prevailing wage rates and supplements for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3) 5. (a) No contractor,subcontractor,nor any person acting on his behalf,shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and available to perforin the work to which the employment relates. (See Section 220-e(a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race,creed,color,disability, sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,marital status or religion. (c) Thee may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e (c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e(d) ) PW-3(9.82) PREVAILING RATE SCHEDULE State of Now York ase umber Bureau of Department o1 Labor Public Work 8302097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prev- jlUPPLEMENTAL RE &EjT,-e M NT£ ai 1 I ng OCCUPATIONS wage health basic and Pen- suppl. other supplements hourly welfare Sion unemp. rate CA) (B) CC) CO) through (M) ASBE;TOS WORKER Asbestos Worker 1S. 640 1. 140 1. 41D Insulator 1S. 640 1. 140 1. 410 I-2. 15,G-1 58. BOILERMAKER Boilermaker 17. 120 . 850 1. 710 1-2. 67, H-. 04, G-1. 20, CARPENTER CarpenterCBldg. ) 16. 150 1. 870 2. 130 Floor Coverer 14. 900 1. 850 1. 330 Carpet Layer Dry-wa I I Applicator 15. 980 1. 970 1. 480 14. 650 1. 530 2. 030 I^. 35, H-. D4, G-, 90, Millwright 16. 450 1. 970 1. 480 -^- G-1. 61. ---------------------- __ Carpenter (Huy/Hwy) 13- 450 1. 530 2. 030 PI I edr i ver 15- 950 1. 970 1. 480 Timber 1 1 der 14- 860 1. 850 1. 330 TI mbHe 1pe 13. 790 1. 850 2. 330 I-. 90, H-. 10, G-1. 0>, Helper Per 13- 320 2. 970 1. 480 I-1. 05.H-. 10,G-1. 15, MARTNE DIVER Mari ne Di ver 19. 290 1. 970 1. 480 . 035 I-l. Tender 15, 090 1. 970 1. 480 . 035 I-1. 05, H-. 10, G-1. 23, DRILLER Core Dri 1 ler 11. 305 1. 000 . 740 G-. 191 Helper -_-- 9. 845 1. 00Q . 740 Gas/Oil Well Driller Helper/Tool Dresser Well Driller(Water) 13. 100 1. 179 2. 250 Helper 11. 100 . 999 2. 250 Pump Installer 3. 1500 . 460 . 000 ELECTRICIAN Electrician 17- 200 1. 554 1. 118 .2S0 G-1. 634, Maintenance 13. 800 1. 104 . 621 1-1. 104, H-. 086, J-. 41 G-1. 035, Applicable on traffic signals and street lighting only. ------------------ ----------- Sound/Audio-Install /Repair 17. 000 1. 060 1. 060 G-1. 445. Te I ephone-Insta I I /Repal r 14. 000 2. 016 2. 296 J-. 224, F-. 14. G-1. 1x8.4 ELEVATOR _ Elevator(Construction) 14. 990 1. 345 .9s0 Helper 11. 240 1. 345 950 Elevator(Modernizatlon) 14. 400 1. 345 1. 085 1-1. 00. F-. 03S. Helper 10. 800 1. 345 1. 085 I-1. 00, F-, 035, GLAZIER Glazier 15. 250 . 660 . 710 I-2. 00, H-. O1, G-. 92, IRONWORKER Structural 14. 400 1. 860 2. 800 I-3. 85, H-. 11. G-2. 00. Rigger Ornamental 15. 120 1. 210 1. 550 I-2. 00. H-. 10. G-1. 00, 15. 730 1. 230 1. 770 I-2. 00, H-. 10. G-2. 00. Chain Link Fence IS. 430 1. 300 1. 850 OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY /_ HZGHWAY CONSTRUCTION SCHEDULES Page 1 SURVEY 3 - B PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor PulaliC York 6302091 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prev- SUPPLEMENTAL BENLFIT PAYMENTS ai I i ng OCCUPATIONS wage health basic and pen- suppl. other supplements hourly wolfare Sion uheMp. rate (A) (B) CC3 (0) through CM) LABORER (BUILDING) Basic 11. 740 1. 530 1. S30 M-. 10. G-1. 00. Mason Tender 11. 740 1. 530 1. 530 M-. l0. G-1. 001 P1pelayer 12. 950 1. 760 1. 200 500 Concrete 12. 740 2. 0S0 1. 530 M-. 10. G-1. 00. Power, Ai r Tool 12. 360 1. 320 1. 790 I-. 58, G-2. 00, Asphalt Raker 10. 990 . 989 1. 428 M-. 109. G-. 75, Asphalt Tamper 10. 760 . 968 1. 398 M-. 107, G-. 751 Blaster 14. 440 1. 320 1. 790 I-. SD.G-2. 00. Demolition 10. 900 1. 250 1. 700 F-. 03.G-1. 00. ------------------------------ (HEAVY/H:CGHWAY) Basic 9. 750 975 1. 267 M-. 10. G-. 7S, Flagman 12. 950 1. 760 1. 200 . 500 I-1. 15, PI pe I ager 9. 750 . 975 2. 267 M-. 10.G-. 75, Power, AI r Tool 10. 850 1. 000 1. 4SO I-. 50, G-. 50, Concrete 10. 300 . 927 1. 339 M-. 103, G-. 75. Wagon Drl I I 11. 5S0 1. 110 1. 110 G-. 82. Asphalt Raker 10. 400 1. 040 1. 352 M,. 10, G-. 75, Asphalt Tamper 10. 160 1. 016 1. 320 M-. 10. G-. 75, Formsetter 10. 990 . 989 1. 428 M-. 109. G-. 75, Blaster 9. 750 . 975 1. 267 LATHER Lather (Wood, Wire) 17. 280 1. 32S . 985 G- 75. Reinforcing I.S. 720 1. 325 985 I-i. 60, H-. 01, D-. 02. G-. 75. MASON fir i ck I dyer 15. 220 1. 780 2. 300 1-2. 05,H-. 04, Cement Finisher (Bldg. ) 16. 520 1. 990 2. 350 plasterer 13. 450 2. 450 . 000 Tuck Pointer 14. 000 1. 500 1. 900 Mosaic/Terrazzo Wkr 15. 990 1. 270 1. 500 . 450 G-1. 00, Terrazzo Helper 14. 550 1. 170 1. 500 . 450 G-1. 00, TI lesetter 13. 80D 1. 600 1. 350 G-1. 085, TI lesetter Helper 10. 960 2. 30S 1. 020 Derri ckman 15. 230 1. 230 1. 510 ------------------------------ Cement FI ni ni sher(H/H) 13. S00 1. 940 2. 270 H-. D1, G-. S0, PAINTER Brush 13. 990 3. 240 1. 000 H-. 23, G-. 60, Structural steel 15. 280 1. 680 . 990 1-1. 53,1-1- 075, G-. 46, Spray 15. 500 3. 240 1. 000 H-. 23, G-. 60, Bridge 1S. 280 1. 680 . 990 1-1. 53, H-. 075, G-. 46, Sandblaster 15. 280 2. 680 . 990 I-l. 53, H-. 075. G-. 46, Paperhanger 15. 280 1. 330 1. 330 Drywall. Taper 13. 990 3. 240 1. 000 H-. 23, G-. 60. Striping Mach. Oper CH/H) -10 900 -. 760 740 Llnerman CH/H) 10. 900 . 760 740 PLUMBER Plumber 14. 600 1. 050 2. 300 ROOFER Roofer 12. 740 1. 610 1. 560 I-1. 18, H-. 03. G-2. D0. SHEETMETAL. WORKER Sheetmeta 1 Worker 16. 206 1. 764 1. a28 .2S0 H-. 187. J-1. 258, D-. 08 G-. 25, Sign Erector CH/H) 12. 950 . 910 1. 230 OCCUPATIONS APPLICABLE TO BUILDING AND kJEOVY ! HIGHWAY CONSTRUCTION SCHEDULES Page 2 SURVEY Y - 8 . PREVAILING RATE SCHEDULE State of Now York Case Number Bureau of Department of Labor PubIlr. Work 83020`37 SUFFOLK COUNTY TOWN OF SOVTHHOLD Prev- SUPPLEMENTAL BENEFIT PAYMf.NTS a i 1 1 ng OCCUPATIONS wage health basic and Pen- suppl. other supplemahts hourly welfare cion uhemp. rate (A) CO) (C) (D) through (N) SPRINKLER FITTER Sprinkler Fitter 17. 320 1. 000 1. 180 F-. 07,K-2. 50, G-1. 00. STEAMFITTER Steamf i tter 17. 320 1. 000 1. 180 F-. 07. K-2. 50, G-1. 00, SURVEYING SURVEY CREW (Highway 8 heavy only) Party Chief 12. 430 . 900 . 700 I-2. 00- H-. OS. G-. 70, Instrument Man 10. 390 900 . 700 I-2. 00, H-. 05. G-, 70, Rodman/Chat nman 9. 000 . 900 .7c0 I-2. 00. H-. 05, G-. 70. Survey Rates apply to those workman employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 TEAMSTER Excavation 10. 525 1. 612 2. 832 1-1. 00, Euclid Other 10. j2S 1. 612 2. 8S2 1-1. 00. TREE TRIMMING _ Tree Trimmer 12. 030 000 000 Groundman, Drl ver 9. 300 . 000 . 0910 WATERPROOFER Waterproofer 24. S20 1. 250 2. 500 Tuck Pointer 14. S20 1. 250 2. 500Sandblaster(Mason) 15. 770 1. 250 2. 50 Steamc i eaner(Mason) 15. 120 1. 2SO 2. 500 WELDER Welder 13. 900 1. 860 2. S50 OPERATORS OF POWER EQUIPMENT POWER EQUIP. OPER. (BLDG) Backhoe 14. 855 1. 426 2. 500 200 H-. 25, M-. 15, G-1. 00. Bulldozer 15. 055 1. 444 2. 750 . 200 H-. 25, M-. 15, G-1. 00- Compressor 14. 155 1. 363 2. 500 . 200 H-. 25. M-. 1S, G-1. 00, Crane 14. 605 1. 432, 2. 500 . 200 Fireman 13. 5so . 800 . 800 Forklift 14. 7110 1. 420 2. 500 . 200 H-. 2S. M-. 15, G-1. 00, Front End Loader 14. 9S0 1. 43S 2. 750 . 200 H-. 25, M-. 15, G-1. 00, Grader 13. 820 800 . 800 I-2. 00. H-. 10. G 70. Hoist Opr. 15. 480 1. 4B3 2. 750 . 200 H-. 25. M-. 15, G-1. 00, Mixer (A I I ) 13. 550 . 800 . 800 I-2. 00. H-. 10, G-. 70, Ol I er 13. 05S 1. 270 2. 500 . 200 H-. 25- M-. 15, G-1. 00. PI l edri ver 14. 090 1. 200 1. 050 I-2. 25, H-. 10. G-. 75. Pump 15. 405 1. 476 2. 750 . 200 H-. 25, M-. 15. G-1. D0, Roller 16. 280 . 980 1. 630 1. 200 H-. 37, Scraper 8 Pan 13. 820 . 800 . 800 1-2. 00. 1-1- 10,G-. 70, Shovel 14. 820 1. 200 1. 050 I-2. 25. H-. 10. G-. 75. Tractor 14. 305 1. 377 2. 750 . 200 Trenchl ng Machine 14. 370 1. 200 1. 050 I-2. 25, H-. 10. G-. 75, ------------------------------ CONTINUED OCCUPATIONS APPLICABLE TO FUIVDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 3 SURVEY a - 8 PREVAILING RATE SCHEDULE State of New York ase umber Bureau of Department of Labor Publlo. Work 8302097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prev- SUPPLEMENTAL 6ENI=FIT PAYMENTS ailing OCCUPATIONS wage health basic and pen- suppl. other supplements hourly welfare $ion unemp. rate (A) (B) CC) (D) through (M) CONTINUED ------------------------------ POWER EQUIP. OPER. (HVY/HWAY) Asphalt Spreader 14- 580 1. 402 2. S00 . 200 H-. 25+ M-. 15.jG OD. Backhoo 14- 950 1. 43S 2. S00 . 200 H-. 25 M-. 15,D-. 20. G-1. DO. Bolt Loader 13. 820 . 800 . 800 Bulldozer 13. 770 1. 329 2. 500 . 200 Compressor 15. 205 1. 4S8 2. 750 . 200 Concrete Pump 34"90 X- 200 1. 050 Concrete Breaker 13. 330 1. 289 2. 750 . 200 H-. 25, M-. 15.G-1. 00. Crane 14. 580 2. 402 2. 600 . 200 Dreg I 1 ne 14. :170 1. 200 1. 050 FI ni shl ng Machine 23. 550 8Do . 800 Fireman 13. 650 14100 . 11100 Front End Loader 14. 30S 1. 377 2. 500 . 200 Grade-All Oper. 16. 000 . 960 1. S20 1. 200 H-'. 36' Grader 13. 98S 1. 348 2. S00 . 200 Mechahic-Const. Equip. 13. 770 1. 329 2. 500 . 200 H-. 2S1M-. 151G-1. 00. Mai nt. - Greaseman 15. 055 1. 444 2. 750 . 200 H-. 2S, M-. 15. G-1. 00, OI I er 12. 370 1. ;103 2. 6U0 . 200 PI 1 edr I ver 14, 090 1. 200 1. 050 I-2. 25,H-. 10. G-. TS, Post Drlver (Guard Rall) 15. 040 . 900 1. 420 1. 200 H-. 33. Pump 13, 770 1. 329 2. 500 . 200 Ridge Cutter (Pavement Saw) 24. 920 1. 200 1. 050 Roller 14. 120 1. 360 2. 500 . 200 H-. 25. M-. 15, G-1. 00. Scraper & Pan 11t. 420 1. 396 2. 750 . 200 H-. 2S, M-. 1S. G-1. 00, Shovel 14- 820 2. 200 1. 05(] Tractor 22. 1S5 1. 1a3 2. 500 . 200 Trenching Machine 14. 370 1. 200 1. 050 I-2. 25.H-. 10, G-. 75, APPRENTICE RATES: Apprentice Rates are NOT provided in this schedule. ART. 8, Sec. 220. 3-e : "Apprentices will be permitted to work as such only when they are registered, Individually, under a bona fide program registered with the New York StateDepartmeot of Labor. The allowable ratio of apprentices to Journeymen In any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any Job under the registered program. Any employee listed on a payroll at an apprentice wage rate. who Is not registered as above, shall be paid the wage rate determined by the Now York State Department of Labor for the classification of work he actually performed. The contractor or sub-contractor will be required to furnish written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates, for the area of Construction prior to using any apprentices on the contract work. OCCUPATIONS APPLICABLE TO BUILDING CND HEAVY / -HIGHWAY CONSTRUCTION SCHEDULES Page 4 SURVEY s - B PROPOSAL TO THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR SIDEWALK AND CURBING REMOVAL AND REPLACEMENT I The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required for the removal and replacement of sieewalks and curbing at various sites in the Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes to remove approximately 600 square yards of sidewalk and curbing and replace the same at various sites in the Toim of Southold selected by the Superintendent of Highways at c price per square yard of TNIRT-1 J Ey Et4 �OIrL/�AS ASIC 44r- POUQ VENTS ($ 3rj. 6a ) Dollars. The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within twenty (20) days after notification to proceed and to continue said work uninterupted until completed. The undersigned further agrees that within five (5) days from the date of accept- ance of this proposal, he will furnish suitable surety to be approved by the Southold Town Board on an indemnifying bond for the faithful and prompt performance and com- pletion of the work specified in such contract, and a labor and material bond, in i the amount of Seven Thousand ($7,000.00) Dollars. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be per- formed, the certified check in the amount of $500.00 which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) Thia bid or proposal has been indepeadently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed I himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolutiun authorizing the execution of this certificate by the signator of this bid or proposal in behalf I of the corporate bidder, i Dated:A.A�i_ IG 8 Signature of Bidder `Preside,It MUIRFIELD CONTRACTING, INC. 16 PLACE C-A R -N, ':i iX N._Y, 11534 Business Address of Bidder Muir:ield Contracting, Inc. P, 0, � l ? 2- G1ZRfL) eo N.`1 . 1114 4 It CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER IJuirfield Coiitrac t_ ng, Inc. RESOLVED THAT ' #(A�UL C,� J a I J!J (Name of Corporation) T / be authorized to sign and submit the bid or proposal of this corporation for the following project: Sidewalk and Curbing removal and replacement at the various sites in the Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any in- I accuracies or misstatements in such certificate this corporate bidder shall be liable I� under the penalties of perjury. I` The foregoing copy is a true and correct copy of the resolution adopted by Muirfield Contracting, Inc. corporation at a meeting of its Board of Directors held on the 13 7 day of � /�-� 1983. C%: 4J Secretary (Seal of the Corporation) ;-v MUIRFIELD CONTRACTING, 19LFETTIEAF "TRUMOND-TYU 16 Heath Place Ln1 GARDEN CITY, NEW YORK 11530 T DATE V JOB NO. (516) 742-8124 JU1 r ft ATTENTION RE: TO Tl� A) yr 5c9Q?it'0L7 Sox -729 SOyiffOJc:P fL. Z WE ARE SENDING YOU g Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240.2 ZNem IM,CAW.Mm 01471 If enclosures are not as noted, kindly notify s It once. Town Hall, 53095 Main Road P.O. Box 728 � ' " . ,` ► Southold, New York 11971 AA JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR or VITAL S FA I IS FICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 13, 1983 Mr. Joseph H. Farley, President Muirfield Contracting, Inc. P. 0. Box 148 Greenport , New York 11944 Dear Joe: The Southold Town Board at a regular meeting held on June 7, 1983 accepted your bid in the amount of $37.84 per square yard for furnishing materials, implements, incidentals and labor for the removal and replacement of approximately 600 square yards of sidewalk and curbing at various sites in the Town of Southold. Please execute the enclosed contracts and return the copy indicated to me in the enclosed self-addressed stamped envelope. Very truly yours, �6ti 1G_ Judith T. Terry Southold Town Clerk Enclosures (2) Town Hall, 53095 Main Road P.O. Box 728 . 4 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR of VITAL STA IISTiCS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 17, 1983 Mazzaferro Bros. Inc. 436 Seventh Street Greenport , New York 11944 Gentlemen: Returned herewith is your bid deposit check in the amount of $500. 00 which accompanied your bid on removal and replacement of sidewalks. Very truly yours, �uc�— Judith T. Terry Southold Town Clerk Enclosure - ' 0"1P Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TowN CLERK (516)765-1801 REGISTRAR or VITAL STA I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 17, 1983 Sound Concrete Corp. Cox Lane Cutchogue, New York 11935 Dear Glenn: Returned herewith is your bid deposit check in the amount of $500.00 which accompanied your bid on removal and replacement of sidewalks. Very truly yours, Z�4— Judith T. Terry Southold Town Clerk Enclosure -f Vur Town Hall, 53095 Main Road " P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL S"1-\fISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 13, 1983 Sound Concrete Corp. Cox Lane -- Cutchogue, New York 11935 Dear Glenn: This is to advise you that the Southold Town Board at a regular meeting held on June 7, 1983 qccepted the bid of Muirfield Contracting Inc. for sidewalk removal and replacement at a bid price of $37. 84 per square yard. As soon as Muirfield executes the contract I will return your bid check to you. Very truly yours, Judith T. Terry Southold Town Clerk • M Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR or•VITAL SI A I ISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 7, 1983 Mazzaferro Bros. Inc. 436 Seventh Street Greenport , New York 11944 Gentlemen: This is to advise you that the Southold Town Board at a regular meeting held on June 7, 1983 accepted the bid of Muirfield Contracting Inc. for sidewalk removal and replacement at a bid price of $37.84 per square yard. As soon as Muirfield executes the contract I will return your bid check to you. Very truly yours, Judith T. Terry Southold Town Clerk ,. . MUIRFIELD CONTRACTING, 1* 16 Heath Place GARDEN CITY, NEW YORK 11530 DATE (516) 742-8124 ATTENTION RE: TO //V /Z':D !al'Tf+�3�10& A� Q�Aj WE ARE SENDING YOU K Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION L a• �► �2v 7T AJZc-7�eC7/ 4E_ THESE ARE TRANSMITTED as checked below: XFor approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution /-As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PRODUCT 240.2 s 1n,GMW,am 01471. If enclosures are not as noted, kindly notify s once. EVIDENCE OjrSURANCE CITY4PNDERWRITTNG AGENCY, INC. Requene+ _r" % M the Town o6 Southotd ' Main Road 4N ImuKa: Southotd, NY (_ ContAac.toh.: Mu iA6ieed Contacting, Inc. J Date 6/3/83 _19— In compliance with the request of our insured, we have issued the enclosed Certificate of Insurance. To be I- Town o6 Southotd Lsued- Main Road CITY UNDERWRITING AGENCY, INC. To- Southotd, NY ,CIN UNDERWRITING AGENCY, INC. 275 JERICHO TURNPIKE FLORAL PARK, N.Y. 11001 DUPLICATE(CANARY)-OFFICE COPY,TRIPLICATE(PINK)-CONFIRMATION F13513-HS.2M 1/77 f • IiT�7iy7:T� x0 �i71FZNy:lily[�7:`i �31I7�7:{:>•: ,'.Iil�i:=]11:1��77,',L`iEil:t�l.`Ia/e\:I1ZiTi7.`Iy-:�Z�Ci>♦:1LH:Y�iildel:�f:1;=N _iili[�i:i±�r 7 :_ fi:A'iN�:illy[N:\i�r7dXZCi]>•:1;.t��`I��i7i�.`I�Z�I:i:\iiiii:�Z�I�P/i.ZTH�ilYr�7;11��T�7i:I�S�I�[�'3g31ir�I�iP:_ NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES CITY UNDERWRITING AGENCY, INC. ---- ----------___---- ---- --_ _ __-_ 275 Jetr icho TuAnpike COMPANY A LFT'E.R _---- p '-y n P.eotcae Patcfz, NY 11001 ---_------- Inz una - C'OMPAN',r B LETTER NAME AND ADDRESS OF INSURED COMPANY Town ob Southotd I_FTTFP Main Road COMPAN Y Southotd, NY LE TER d COMPANY LETTER (- This is to certify that policies of insurance listed below have been issued to the insured named above grid are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANYI POI ICY Limits of Liability in Thousands( 0) L.ETTFR TYPE OF INSURANCE POLICY NUMBER � EXPIRATION DATE EACH `- OCCURRENCE AGGRFGA-rF GENERAL LIABILITY BODL'.V INJURY I $ I $ 1❑COMPREHENSIVE FORM ❑PREMISES--OPERATIONS PROPERTY DAMAGE - $ $ ❑ EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD - -- ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND 3 ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE. f $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT ❑ PERSONAL INJURY ER>UNAt- IN-IURY � $ AUTOMOBILE LIABILITYBoOu Y INJURY $ iFACH PERSON! i ❑ COMPREHENSIVE FORM BODILY INJURY ❑ OWNED EACH ACCIDENT,El { HIRED PROPERTY DAMAGE j $ BODILY INJURY AND ❑ NON-OWNED PROPERTY DAMAGE $ COMBINED EXCESS LIABILITY BODILY INJURY AN-'i ❑ UMBRELLA FORM ! z. i $ I PROPERTY DAMAGE I - ; ❑ OTHER THAN UMBREI_LA FORMPJM 61NE1 ; WORKERS'COMPENSATION STATUTORY and L - EMPLOYERS'LIABILITY $ ---------- ----- OTHER -- ---- --t-6121 - - --- A wneu 8 CowtAact 0534-19-095485 6/2/84 BI-3,000,000 Protective Liab " y I PD-500,000/1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Covexing work by Mui&6i.eed ContAacti.ng, Inc. undeA Court act bon S.idewatk 8 Curbing Removal 8 Reptaeement, Town o6 Southotd, NY. Cancellation: Should any of the above des rc� ibed policies be cancelled before the expiration date thereof, the issuinu c,onl pany will endeavor to mail 0 days written notice to the below named certificate holder, but failure mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFC TE HOL DE R. Town ob Sout61d DAEE ISSUED June 3, 1983 (UBH:mi Matin Road SouthoZd NY • ' .16Z Cz0Y, r 1„)N1 �FR� TIC. 275 -- -_—_ FLORAL PitK, N.Y. I!'-"I ACORD 25(1-79) Yna•>._��_�;,L•\iiy:�•»rr�•1t i_riftr;r•.�r��R.iirraa:�rr•�:�rer:i��nr.>'.er�. ���,iii:l��•Iy:i�lyU1_\itr7.]�'�3•SZ•l.',II:I.�l3i9s.=ii7a_�i��:ii:l�i7•�I97•[H�dirli]X�c���:1�I.1\[ --- - - NAME AND ADDRESS OF AGENCY COMPANIES AFFORDING COVERAGES CITY MDERWRITING AGENCY, INC. ------------ --- ---- -- -- ---------- 215 Jericho Tiom CPA FtoW park, 1100COMPANY NY 1 F `a ---- mtbym humance of WduAaLL ---.----- COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY Town of SoutholdTT1 R Main Road - -_ ___ - ----------------------- MPANv D CU Southo.td, NY TT`` COMPANY LETTER L. This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. -— COMPANY POE IC'y Limits of Liability in Thousands f655) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION I�ATf EACH OCCURRENCE AGGRECnTI GENERAL LIABILITY Boon v INJURv � $ $ ❑COMPREHENSIVE FORM i ❑ PREMISES—OPERATIONS PROPERTY DAMAGE i S ❑ EXPLOSION AND COLLAPSE I HAZARD ❑ UNDERGROUND HAZARD -------- - - — -----_.._.__— ❑ PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE I $ $ ❑ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS _--_— ❑ PERSONAL INJURY PF RSONAI INJURE AUTOMOBILE LIABILITY Boof1 Y INJURY g IFACH PERSON, ❑ COMPREHENSIVE FORM BODILY INJURY 4 (EACH ACCIDENT ❑ OWNED i PROPERTY DAMAGi HIRED __ ❑ BODILY INJURY AND NONOWNEDPROPERTY DAMAGE i $ COMBINEL EXCESS LIABILITY- --------------_ _ --- -- -- I- T HOOT!V INJURY N-% ❑ UMBRELLA FORMF' I S 4 ROPE PTY I,AMA�,i i ❑ OTHFRTHANUMBRELLA JMHINt_I FORM WORKERS'COMPENSATION ,,A T „R, and EMPLOYERS'LIABILITY x OTHER,+ —------ er.� 6 Co 0534-19-095485 612/84 1 81-3,000,000 Ai PD-500,000/1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES CoveJe6 week by Mu.i4iietd Cont4actin�g, Inc. under Contumt jox Sidewatk 8 Curbing Removat & Replacement, Town of Southoed, NY. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing corn- pany will endeavor to mail 30— days written notice to the below named certificate holder, but failure to mail such notice Shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED— Jwse 3, 1983 ttJB�i:mi. Town o6 Solutho,Cd Main Road - Southotd, NY I i twrlt�"YWT�? et'vfr�c. 275 IERICHO �,',; FiKE - ----- - ' FLORAL_ PAHK, N.Y 11001 ACORD 25(1-79) WHENCE OF "NCE � vlL a Req cued F . Mu.inb�.eed Canticac�%ng, #CSU • by the 16 Heath Pta.ce 530 insured: Garden City, 11 Date 6 3 8 3 19— L Att: Jim FaAtey J In compliance with the request of our insured, we have issued the enclosed Certificate of Insurance. To be I Town of So(.lthotd CITY UNDERWRITING AGENCY, 1"C- Issued: Main n Road To- Southotd, NY GAN UNDERWRITING TURNPIINC.N KE FLORAL PARK, N.Y. 11001 i L J F23513-H.S.2M 1/77 DUPLICATE(CANARY)-OFFICE COPY.TRIPLICATE(PINK)-CONFIRMATION x0iCLF)<13 iliLNelFilkl6i911yfie�i37,Ifi7�cS�7it:1�•7:7,•.I3ZL�l:<f]:I1'/t�9fif7•I�l��[L1•Yf�7[H7i�illSfl:�iCliN3a�1�LNe�i�..f�1 _ ii:lltN4.6Ill ifelAii1174773:llyMU.` 401 fly=iVI:LIifI:73i7fii:I�i7fPI�Ii�Hi•1�Sf1:77347:1'ii:liSfl�LNI���I�[��7I�1�fPL NAME AND ADDRESS OF AGENCY CITY UNDERWRITING AGENCY, INC. COMPANIES AFFORDING COVERAGES 275 Jenichv Turnpike COMPANY F�vna� PanFz, NV 11001 R A Emptoyerus I"unanee o6 Wauzau. COMPANY LFITFR M.czsion Insunance Company NAM[ AND ADDRESS OF INSURED Muvc��e2d Cvn lcact%ng, Inc. I' ll[F2 C Hant6vnd A 9 I Co. 16 Heath Pta.ee COM I,AN p Garden City, NV 11530 FR COMPANr LETTER --- - ... ----.-_---- cove ----- - ---.._ nd-j-n g--a—ny-re-qu—irem—ent-, is to certify that policies of insurance listed below have been issued to the insured named above d are m force at this time. Notwithstanding any requirement,teem c rrndi±ion of any contract or other document with respect to which this certificate may be issued or may pertain the insurance afforded by the pokcres described herein is subject',r;all the• terms,exclusions and conditions of such policies. Limitsof Liability in Thousands(0001 - _COMPAN, VPE 1 N;L'RAN(f_ Wilt I(Y N IMRf F rt iT ON Wt �- TACH TI r.E [R IIvF O(CURRENIC GENERAL LIABILITY t r,6'I Y IN uF r g 1,000 $ 1, 000 COM PREH[N;•NE rORM ® PREMISES -OPERATIONS PROPFRIYDAMAGE $ 500 $ 1, 000 51 EXPLOSION AND COLLAPSE I HAZARD UNDERGROUND HAZARD ---------_-_--_ _-I --__.-- -�__ PRODUCTS COMPLETED I A `�' OPERATIONS HAZARD 0523-00-095485 11/22/83 HODII Y IN JURY ANt, CONTRACTUAL. INSURANCE PROP[RIY DAMACd. � 4 BROAD FORM PROPERTY COMBINLD DAMAGE I INDEPFNDFNT Cf,NTRACTORS PERSONAL INJUR I1 (. I I t 1 t-L..____�___l�- AUTOMOBILE LIABILITY 3Ouu v IN ��� IEA HFFR.: .1 :OMPRt If ti;IVE F(7RNI BODILY N!Ii Y ! 1, 500 11 0523-02-095485 A /22/83 tAtF,AriID[r�� , J tYWNEt I � f I ROuE� S 500 -� HIRED I - UR -_-_ H NUN OwNt i) BOUI(Y IN.IURY NO 'ROEERTY DAMAI;f I $ I OMFiINEL C EXCESS LIABILITY 4ODtt N OR. ANI IIMHR[Li. I ORM M-884060 11/22/83 `'Ft0```''Y`'`'^ j s2,000 2,000 t 01 HERTHAN HMBP!I iA rtMBINP- I WORKERS'COMPENSATION slAnn ;f+Y A and 0513-00-095485 11/22/83 -- EMPLOYERS'LIABILITY $ 100 + OT C New yvX1zT ate DB 115324 11/22/74- �.isabit.i ty Bene6 i4 ; Untit Canc. Statutory DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Sidewa k and curbing nemovat and neptacement Town o6 Southvtd. Cancellation: Should any of the above described pojicies b,P cancelled before the expiration date thereot. the is uiIi --c � pany will endeavor to mail 30 day�,N� j'fiten noticE to the below named certificate holder- but failure Ic mail such notice shall Impose no obli bihor liability of.irly kind upon the company NAME ANDADDRESSOFCERTIFICATF HOLDJ3 1983 GJBH:mti Town o6 SouthoZd 0�i,E ISf;DED _ June - _ Main Road ` Southold, NV IWTwk- L--- - - %Nz, - - FLOF,f.L F,%.- Y. t 1,`;t1 ACORD 25(1-79) F=� _. __ __ •• • �• • •• �•i('T�ili]qq•7•[eT!•1yY•7.7.]X•7•l'�i'I�S•]>1T•11�•��6.11x•71i�i]y — NAME AND ADDRESS Of AGENCY -- — CITY UN'DEW'RITING AMCY, INC, COMPANIES AFFORDING COVERAGES 275 JeAicJ O Twrnpt ke COMPANY Rout Paitk, NY 11001 LETTER A EMP&Y na Inbunance of WaA"au. COMPANY LE TTFR lib.t on In mil anee Company NAME AND ADDRESS OF INSURED --- MuriAr J etd Contutet ng, Inc, °MFR"Y C HantJoAd A 8 I Co. 16 Death Mee COMPAN, — Ganden City, NY 11530 C11 TT• D COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. — COMPANYPOLICYLimits of Liability in Thousands( 0-- TYPE OF INSURANCE OL11"N JMBER I —T--- --- -- LETTER *�IdAT ON DATE EACH I AL RFGAEI OCCURRENCE I GENERAL LIABILITY ®COMPREHENSIVE FORM I V V BODN Y INJURY $ 1,000 $ 1,000 PREMISES—OPERATIONS - PROPERTY 1,.AMAGE i $ SOV $ 1,000 EXPLOSION AND COLLAPSE l i HAZARD UNDERGROUND HAZARD -- ----- �---- --- - PRODUCTS!COMPL EI ED 6 t p A OPERATIONS HAZARD OSL'—OQ-095485 11/22/03 NODI Y IN1URl NI.. l CONTRACTUAL INSURANCE PROPERTYDAMAGE $ I $ BROAD FORM PROPERTY COMBINFG - -- DAMAGE i INDEPENDENT CONTRACTORS PERSONAL INJURY f y PERSONA!_ tN,URY tI $ AUTOMOBILE LIABILITY . ! BODILY INJUWv ? - COMPREHENSIVE_ I,ORM I (EACH PE RSONI $ 500 s BODILY INJURY `' $ 500 ^WNED ©523-02-095485 11121183 (EACH ACCIDENT) A HIRED PROPERTY DAMAGE BODli.Y INJURY AND fi NON-OV.'NFC PROPERTY I:)AMAI'v —_---_-_. —----- '------- COMBINE I, EXCESS LIABILITY ----- -- -- ---- I --- --- -- --- HODII (Lr'J7 UMBRELLA FORM �/ 6 i PROPERTY ,AMIIGf g' 2000 $ 2 000 LJ OTHERTHAN UMBRELLM A —914060 j 11122183I'OMBINEi: t ' FORM _ WORKERS'COMPENSATION j srATUTCRY A and 0513-00-095485 11/22/83 - - -- - - EMPLOYERS'LIABILITY $ 100 C ew Yal%te11TU 115324 ' 11/22174- EM� 8ene� ' Untd t Cane Sxatutoity DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES Sidewatk and cutbing hemovat and uptazement Town of Southold. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing corn pany will endeavor to mail -3 Q days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liabilif any kind upon the company NAME AND ADDRESS OF CERTIFICATE HOLDERS Town of Southotild 1 ';pnrE IssuEe_-- g� :Mi Main Road �. a. y syr Southold, NY l', RK, N.Y. 11001 ACORD 25(1-79) • and No....96... 2.. 262 and Deposit CompanyFideli HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Periormanee Bond 96 32 262 KNOW ALL MEN BY THESE PRESENTS: That Muirfield Contg„- Inct----------------------------------------------------------------- ------ ................................................. (Herc rt t name an address or legal title of the Contractor 16 Heath Place Garden _C ty�...NeW...XQ.x�s...... 1153.0-----------------------------------------------. --.-----•-- .. . . ITY EPOSIT ANY OF as Principal, hereinafter called with its home office intheCityDof Baltimore,p tion of the State of Maryland, Maryland U. S. A., as Surety, hereinafter called Suret , - ----- ---- are held and firmly bound unto------------------------------------------------------------------------- "...... Townof Southold New York ---------------- ......-.............. ................................... se - - - .... - - ----- - -- (Here law -the name and addre-ss or legal cute of the caner as Obligee, hereinafter called Owner, in the amount of Z'W� tY-. Q_.. hQu;3�11�5�.. �V11..�ILll1S�x'ed... t7ll ..f�1�d. - ------- -- - - ---- ------ ----- ----- -- ----- 22 704.00 ), for the payment whereof Contractor and Surety bind se presents. mse Ives Dollars ($--------�-------- -------------------------------_- their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by t hese p WHEREAS, Contractor has by written agreement dated-............. ... $_id.eW-a.. .Urbixig""" emav�l " entered into a contract with Owner for-.__ replacement -------------- ------------------ ... in accordance with drawings and specifications prepared by------------------------------ -------------------------------- ----------------------------------------------------- -- -- ...... (Here insert full nametitle and address which contract is byseference made a part hereof, and is hereinafter referred to as the Contract. , NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully dform said contract, then this obligation shall be null and void; otherwise it shall remain In full forceaeffect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. in default Whenever ed Contractor s obligations ddeclared thereunder,ythe Surety wner to may promptly under remedy the default or shall having performed promptly. (1) Complete the Contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the Contract in accordance with its terms and condi- tions, and upon determination by Surety of the lowest est ible bidder, de, or, if t e Owner elects,ange for a upon determination by the Owner and Surety y the to be act between such biddoOwnerl and make available as f defaults u der the contract oreonrk tacts oaf completion oven n arranged anged underthis a default or a successionthe cost of completion less the balance of the contract price; but not paragraph) sufficient funds to pay exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this para- set graph, shall mean he total amount aable bOwner to tess the amount properly paid by OwnerContractor to Contractor.dr the Contract and any amendments thereto Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the contract falls due. No right of action accrue on this executors,administrators or successorsnd to or for the use of anrof Ownerrporation other than the Owner named hereinor June A.D. 19...83 Signed and sealed this--------------- 3rd...................................day of------ ----- In the presence of: MUIRFIELD__-CONTRACTING,...INC_,......(SEAL) Pr'nci pal -- ............... --•............... FIDELITY AND DEPOS COMPANY OF MARYLA D By...... .. ---------- ............(SEAL) ......-•---- Tynan, AtTIorney-in-Fact Robert C309f— ADDroved by The American Institute of Architects.A.I.A.Document No.A311 February 1970 Edition. .r =- --------------- l4 STATE OF_____________ - }SS: COUNTY OF------------------- --- J ff17 �JN ---------------------------19 before me personally a. On this-----------------�`--------------------------.day of------------ - �:. ------ -------------------------------------------- ------------;[G �pp_ E1fAY�----------------------------------------- appeared F,y,3did depose and say: - - - - 6. j0dn.Gim 14 n, with whom I am personally acquainted,who bei b Y �} ������ -�� ►'=� 1s—I�n��--��� ------------that he is the- - - That he resides at-------------------------------- �'C9Y1'�7'?L��'�XL£�'-; X1'1.4• 1 I' �" -- --- ----------- -------- --- ------------------------------------------- of the----------------- --------------------------------- - --- -- rate seal of said corporation; the corporation described in and which executed the foregoing instrument;that he knows a corporate that the seal thereto affixed is such corporate seal;that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. -- - -- ----- - ------------------- & ----------------- ------ ---- ---------- - --o y Public JAMES H. FARLEY County - otary Public, State of New York BR(112)23 216995 No. 30-4722690 matified in Nassau NEW YORK STATEOF--------------------------------------------------------- ss: COUNTY -------------------_---OF--.--.-_-_----- ----------- -------.-- ------__-___19-- U'�_, before me personally Onthis-_---------------------- ----------------------------------day of-------------------- appeared-------_-----_-ROBERT G. TYNAN------------------------------------------------------- -----------------------------------------------------------------------------------...................... z - with whom I am personally acquainted,who,being by me duly sworn, did depose and say: That he resides at...NW...:IQRK4....�W YORK --------------------that he is the.ATT0_RN_EY_—.IN.—FACT------ ------------------------------------------- ------------------------------------------------ _F_IDELI_Ty_..AND COMPANY__OF MARYLAND---------------------------------------------------------- ofthe------------------------ . ...... ------------------------- ..... the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it was so affixed by order of the Bo rd of Directors,and that he signed his name thereto by like order. ------------------------------------------------------------------- ---------------------------------- otary Public WILI !A�F. TYNAN County Not,,Iry Pv7� of Ncw York "I 95 NY2305-2M,11-71 189351 Qualified in N<ssau County Commission Expires Mardi 30, 1914 Power of Attorney . FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFRCE: BALTIMORE, MD. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI,Section 2,of the By-Laws of said Com pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Ser- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Robert G. Tynan of New York, New York. its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings.. . . . . . . .. .. . . . .. AHZI t e execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert G. Tynan, dated April 1 , 1969. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI,Section 2,of the By-Laws of said Company,and is now in force IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal Of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this --------------------------15th-----------------------day of---- J`I�--- --------- ---- --- A.D. 19-----76-- DEPpDEPo FIDELITY AND DEPOSIT COMPANY OF MARYLAND .?rt�D s e .f r ATTEST: o SEAL i� - STATE OF MARYLAND Assistant Secretary Vict-Pres tnt 1 SS: CITY OF BALTIMORE On this 15th day of July A.D. 19 76before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified ,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. fOr:'NOTAR j-.,% -----------______ _ �{ Notary Public Commissio E.-lres_-�Ttily_..97.9.7$ 'YORE G��y"••• CERTIFICATE I,the undersigned,Assistant Secretary Of Cie FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a f uli,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held On the 16th day of July, 1969 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WH E I F, I have hereunto subscri ed my name and affixed the corporate seal of the said Company, this ..................._.......................................day of.................. s ::y-......................... 19 ....... ----...- L1419Ctf.-1 M,9-81 213859 112-2764 Assista Secretary FOR YOUR PROTECTION LOOK FOR THE F&D WA'I'ERNIARK L1458a-50M,8-82 215928 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Finaneial Condition AS OF JUNE 30, 1982 The e � ASSETS *Bonds .... .. ...... .... $88,593,973 *Stocks ... ..... .. . . .. . ... ... ..... . .. . .. .... . .. . .. . ... .. .. . ..... 95,423,343 RealEstate ...... .... . .. . ... .. ... . .. . .. ... ..... .. . .. . .. ... .. .... 3,051,568 Cash in Banks and Offices ... . .. .. ... . .. ... . .. ... . .. . . .. .. ... ..... 2,782,651 Premiums in Course of Collection (less than 90 days old) . ... . .. ... ..... 12,761,299 Reinsurance and Other Accounts Receivable ... .. . ... .... ... .. ... .... 3,219,657 TOTAL ADMITTED ASSETS .. . .... . .. . ... .. . ..... . . .. . . .. .. . .. . .. .. $205,832,492 LIABILITIES, SURPLUS AND OTHER FUNDS Reservefor Unearned Premiums . .. ... ...... ... ... ... . . .. ... ....... $70,654,280 Reserve for Claims and Claim Expenses ..... .. .... ... . ... . .. .. . .... . 39,593,309 Reservefor Taxes and Expenses........ ... ... ...... ... . ... .. ... .... 3,095,608 Miscellaneous Reserves and other Liabilities . ... . .. . . .. . . .. ... ... .... 7,241,645 TOTAL LIABILITIES .. ... .. . . ... ..... ... ... ... . .. . ... . .. ....... .. $120,584,844 Capital Stock, Paid Up . ... . ... ... ... ..... .... ... . .. $5,000,000 Surplus . ... ... .. . .. . .. . ... . . .... . ... ... .. . .. . .. . . 80,247,648 Surplus as Regards Policyholders. .. ... . .. ... ... .... .. . . ... .. ....... 85,247,648 TOTAL ...... ...... .. . ... . .. . .. . ... .. ... ... . ... ... . .. .. . .... . $205,832,492 Securities carried at $3,747,563.in the above statement are deposited as required by law. *Securities carried on the basis prescribed by the National Association of Insurance Commissioners.On the basis of June 30, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $187,677,970. and surplus as regards policyholders $67,093,126. 1, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June,1982, according to the best of my information, knowledge and belief. William R Amos Treasurer STATE OF MARYLAND ?SS: CITY OF BALTIMORE Subscribed and sworn to,before me,a Notary Public of the State of Maryland in the City of Baltimore,this 30th day of July, 1982. Stephanie A. Mason Notarial .............................. Seal Notary Public My commision expires July 1, 1986 ! *Bond No.96..32 262. Fidelityd Deposit Can HOME OFFICE OF MARYLAND BALTIMORE,MD. 21203 Labor and Material Payment Bond 96 32 262 Note: This bond is issued simultaneously with Performance Bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That............Muirfield_ Contractirg,t...Inc. (Here the me and ress or k title o e C ntract r) 16 Heath Place,i"Garden G ty, ew or C... 1��30 as'Principal, hereinafter called Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora- tion of the State of Maryland, with its home office in the City of Baltimore, Maryland, U. S. A., as Surety, hereinafter called Surety are held and firmly bound unto........................................................................................ Town of §outholdt New York ................................---- --------------------••-...........................-----•----•-----•--•...-•--•-•-- (Here insert the name and address or legal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Twenty_..Two Seyen--Hundred_.Four__and._. --------------------no/100- 22 ']0!} 00 (Here insert a sum equal to at least one-half of the contract price) Dollars ($_.-.....s-_____._ .s-------------------------------), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated----------------------------------------------------------------------19......... entered into a contract with Owner for--- idewalk. and. Curbing..rEmova1_..and.......................... replacement -------------------- -------------------- ------------------------------------------- ---------------- -------------------------------------------- ........................................ --------------•--------------------------- ............--...........-----................................................................................................................... in accordance with drawings and specifications prepared by------------------------------------------------------------------------------------ ------------------•---------•------. -----------.....--------------- ------------ --------.. ............................................................................................... (Here insert full name,title and address) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make pay- ment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a sub-contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the contract, labor and material being construed to include that part of water,gas, power,light,heat,oil,gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined,who has not been paid in full before the expiration of a period of nicety(90)days after the date on which the last of such claimant's work or labor was done or performed,or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon.The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant,other than one having a direct contract with the Principal, shall have given written notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety (90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid,in an envelope addressed to the Principal,Owner or Surety,at any place where an office is regularly main- tained for the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased work on said Contract, it being understood,however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part thereof,is situated,or in the United States District Court for the district in which the project, or any part thereof, is situated,and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith here- under, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this...........................3 day of June...................A.D. 19AI In the presence of MUIRFIELDCONTRACTINGr, INC.....(SEAL) .. _._ . cipal --------------------•-------------------------------------------....----------------- --------- ----- --- --- -- ---•- --------• . . •-- ------•---- -------•-•---•---- yy j� ille FIDELITY AND DEPO T COMPANY'O ND ...................................................................................... By........... .... ................. .....................(SEAL) Robert G. n, Attorney-in-Fact CW%M- Apprused by The American Institute of Architects,A.I.A.Document No.A411 February 1970 Edition. STATE OF------------------York-------------- -------------- SS: COUNTY OF______________Naeftu ) .j V tilt.` On this ------ - - day of - - --- -- ------ - -- - - . ---19-$j�-, before me personally appeared.---------------------------------- R-FaldaY------------------------------------------------------------------------------------------------ with whom I am personally acquainted,who,being by me duly sworn,did depose and say: That he resides at-------------------------Glut A rMI!__Iy.__rA__ -1 i v*--_______-------that he is the--------RRESIRENT - - - of the---------------------------------------------------------MU rj'lE�.fl.�iLll7.fe s'�4 t_i s--IYYC�---- -------- --- --- ------- -the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal;that it is so affixed by order of the Board of Directors,and that he signed his name thereto by like order. ---------- --- ------------------- -- ---------------- ----------- Notar ubl AMES H. FARLEV ounty BR(112)23 216998 N ar Public, State of New York 304722690 ST^TRvc cov*zsop--NmM._'rj0rk—'_----- � w' On this.----__----------- oc '_—_'--.~, —--------------------- ---- --------------------------_-----------1*'_` before me personally � appeared..................A9!!!rft--- ----T2nA4 ............. --- with whom zam personally acquainted, who, being by me duly ---'sworn, did ----�--�say: -------'--'---'----- That he resides ---___—.'---- ...^.~.--------- ...----------- _—.........-----_that ae isd`c—.At ---- the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of said corporation; that the seal thereto affixed is such corporate seal; that it is so affixed by order of the Board of Directors,and- that he signed his name thereto by like order. OMY ----------- BR(113)23 216201 County Ice-, u.r Power of Attorney • ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND NOME OFFICES BALTIMORE, M0. KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corpora- tion of the State of :Maryland, by C. M. PECOT, JR. , Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Com pany, which reads as follows: "The President,or any one of the Executive Vice-Presidents,or any one of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Sec- retary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require,or to authorize any person or persons to execute on behalf of the Company any bonds,undertakings,recognizances,stipulations,policies,contracts,agreements,deeds,and releases and assignments of judgments,decrees,mortgages and instruments in the nature of mortgages,and also all other instruments and docu- ments which the business of the Company may require,and to affix the seal of the Company thereto." does hereby nominate, constitute and appoint Robert G. Tynan of New York, New York. 1 s true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings. . . . . . .. .. . . . . . . . n t e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company,as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Robert G. Tynan, dated April 1 , 1969. The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2,of the By-Laws of said Company,and is now in force IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the Said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this -------------------------- 15-th................. ------day of- .. --- -----July- - - - - --., A.D. 19.....76 .....y,� FIDELITY AND DEPOSIT COMPANY OF MARYLAND P" DEPO t �►� S'c'r`e ATTEST: n 0 5EAL l: .uf� ti W 110)l t•= ....--- e ..__r. Vice-Pres dent ------------- Assistant Secretary STATE OF MARYLAND �, SS: CITY OF BALTIMORE f On this 15th day of July A.D. 19 76 before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore,duly commissioned and qualified,came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal,at the City of Baltimore,the day and year first above written. iu�:NOT�gySy� -. - *�p• — o Notary Public Commissio 1res-.,lul _l-,-.1.97 CERTIFICATE 1,the undersigned,Assistant Secretary of Cie FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents spe- cially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2 of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969 RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY W1;EgJr:OF, I have hereunto subscribeO,iMy name and affixed the corporate seal of the said Company, this .... �...........-.day of...-----•................. ::. �`.�.L.�........... . ... ........... ............... stSecetaAssia r.y....... .1419W.—IM,9-81 213859 112-2764 T� T� 7 __ ____ ----1-1---, T _� T, T`(_%" 'I'LI T-: uR,II «,'A'1'VR {X' ARIA L1458e—%M,8-82 215928 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Statement of Finaneial Condition AS OF JUNE 30, 1982 The 90 ASSETS 'Bonds .... ........ .. .. . . . .. ... .. . ... ... .. . .. . . .. . . .. ..... .... $88,593,973 'Stocks ... ..... .. . . .. . ... . .. ..... . ... .. .... .. . . .. . . .. .... . ... .. 95,423,343 RealEstate ...... .... . .. . ... .. . .. . .. . .. ... .. .. . .. ... . .. .... ..... 3,051,568 Cash in Banks and Offices ... . .... .... .. ... . . .. ... .. . . .. ... .. . .. .. 2,782,651 Premiums in Course of Collection (less than 90 days old) . . . .. .. ... ..... 12,761,299 Reinsurance and Other Accounts Receivable . .. ... . .. . . .. ... ... .. .... 3,219,657 TOTAL ADMITTED ASSETS... . .. .. .. .. ...... ... . .. ... . .. ... ..... .. $205,832,492 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums .... ... ... ... ...... .... . .. .. . . .. ... $70,654,280 Reserve for Claims and Claim Expenses ... .. .... ... .... . .. .. . .. . .. .. 39,593,309 Reservefor Taxes and Expenses. .. .. . ... .. . ... ... ... . . .. . .. .. . . .. .. 3,095,608 Miscellaneous Reserves and other Liabilities ... ... ... . .. . . .. ... .. .... 7,241,645 TOTAL LIABILITIES ... ... .... .. ... . .. ... ...... . . .. . . .. .. ... . .... $120,584,844 Capital Stock, Paid Up . .... . . ..... ... ... ... .... ... . $5,000,000 Surplus .. . . .. .... .... ... . ... . .. .. . ... .. . ... .... .. 80,247,648 Surplus as Regards Policyholders.. ... ... .. . ... ... ... . .... .. .. . .. .. . 85,247,648 TOTAL .. ........ ..... . . . .. ...... ...... ... . .. . .. . ... .. . .. . ... $205,832,492 Securities carried at $3,747,563.in the above statement are deposited as required by law. 'Securities carried on the basis prescribed by the National Association of Insurance Commissioners.On the basis of June 30, 1982 market quotations for all bonds and stocks owned, this Company's total admitted assets would be $187,677,970. and surplus as regards policyholders$67,093,126. I, WILLIAM R. Amos, Treasurer of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company,on the 30th day of June,1982, according to the best of my information, knowledge and belief. William R Amos ---------------------------------------------------------------------------- Treasurer STATE OF MARYLAND ? SS: CITY OF BALTIMORE ) Subscribed and sworn to,before me,a Notary Public of the State of Maryland in the City of Baltimore,this 30th day of July, 1982. Stephanie A. Mason Notarial ................... Seal Notary Public My commision expires July 1, 1986 i PROPOSAL TO THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR SIDEWALK AND CURBING REMOVAL AND REPLACEMENT The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required for the removal and replacement of sidewalks and curbing at various sites in the Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contact hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes to remove approximately 600 square yards of sidewalk and curbing and replace the same at various sites in the Tot•m of Southold selected by the Superintendent of. Highways at 4: price per square yard of TN►aT`1 SENE.-4 .` 0W-At1lS ANO E%G44,% Poua, CENTS ($ 3 {, ®= ) Dollars. The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within twenty (20) days after notification to proceed and to continue said work uninterupted until completed. The undersigned further agrees that within five (5) days from the date of accept- ance of this proposal, he will furnish suitable surety to be approved by the Southold Town Board on an indemnifying bond for the faithful and prompt performance and com- pletion of the work specified in such contract, and a labor and material bond, in r ti I the amount of Seven Thousand ($7,000.00) Dollars. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to he per- formed, the certified check in the amount_ of $500.00 which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal f has not been knowingly disclosed and will. not be knowingly disclosed, prior to the t opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal. certifies ?hat he has fully informed himself regarding the accuracy of the statements contained in this certification, I and under the penalties of perjury, affirms the truth t€tereof, -,uch penalties being applicable to the bidder as well as to the persou signing in its behalf; (e) That + I attached herfuto (if a corporate bidder) is a cert.iiied copy of resolutiun authorizing the execution of this certificate by the signator of this bid or proposal. in behalf I of the corporate bidder. f Dated al_gnaturu cf Bidder MUIRFIEI._D CONTRACTING, INC. PLAUc N_Y 11530 Business Address of Bidder Iric. u CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER a, RESOLVED THATr jJ A ruo .f, (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Sidewalk and Curbing removal and replacement at the various sites in the Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Taw as the act and deed of such corporation, and for any in- accuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by I Muirl'ield Cont,.rac u:i_rlE-;, Inc. corporation at a meeting T1Aof .its Board of Directors held on the ,3 'da f Y o1983. i 3 I i (Seal of the Secretary Corporation) Ji I s NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed proposals are sought and requested by the I Town Board of the Town of Southold, Suffulk County, New York, for Sidewalk and Curbing removal and replacement at various sites in the Town of Southold, Suffolk County, New York. f The sealed proposals will be received by the Southold Town Superintendent of s Highways at his office at Peconic Lane, Peconic, New York, until 9 : 3 0 A. M. (prevailing time: on May 26 1983, at which time and place they will � f be publicly opened and read aloud. Specifications, a Proposed contract for the execution of the work and forms of proposals can be examined and obtained from the Superintendent of Highways at his office at Peconic Lane, Peconic, New York. i Proposals must be upon and in accordance with the form of proposal prepared by said Town, which proposals shall be made and will be received upon the following conditions: Each proposal must be accompanied by the deposit of a certified check made payable to the order of the Town of Southold in an amount of Five Hundred ($500.00) Dollars, conditioned that if the proposal is accepted, the successful bidder will enter into a contract for the work and will , within five. (5) days from the date j of the acceptance of the proposal furnish the required security. All deposits except that of the successful bidder will be returned. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, or fails to give the required security within the prescribed time, then the check deposited with the proposal and the moneys standing to the credit of the same, shall. be forfeited to the Town of Southold. The Town Board of the Town of Southold reserves the right to reject any and all proposals and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of Southold. All proposals must be signed and enclosed in 'sealed envelopes plainly marked "Bid for Sidewalks" and addressed to the Southold Town Superintendent of Highways, Peconic Lane, Peconic, New York. Dated: AAril 19 , 1983 Raymond C. Dean SOUTHOLD TOWN SUPERINTENDENT OF HIGHWAYS PLEASE PUBLISH ONCE, MAY 5 , 1983, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO RAYMOND C. DEAN, SUPERINTENDENT OF HIGHWAYS, TOWN OF SOUTHOLD, PECONIC LANE, PECONIC, NEW YORK 11958 Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Clerk -2- r +I i GENERAL CONDITIONS AND SPECIFICATIONS I 1 . SCOPE OF WORK The work required under these specifications includes the supplying of i all labor, materials, equipment and services necessary for the removal and replacement of broken and deteriorated sidewalks and curbing at various locations in the Town of Southold, New York in accordance with the specifications set forth herein; and i the restoration of the sites to the grade specified by the Superintendent of Highways, including such filling, compacting, grading and leveling as shall be directed by the Superintendent of Highways. It is the intention of these specifications that all work and mater:'al.s of every nature whatsoever, is to be performed and supplied i by the contractor at the contractor's sole cost and expense, including the removal I and disposal of all excess materials and debris resulting from construction operations. ) It is estimated that the work will involve approximately 600 square yards of sidewalks y and/or curbing. !� 2. ORAL AGREEMENTS Oral orders, claims or instructions by any party shall not change the I terms or modifications in the Contract Documents and none of the Contract Documents shall be deemed waived or modified by reason of any oral_ agreement. 3. PROTECTION OF LIFE AND PROPERTY The contractor shall. keep the sites in a safe condition with adequate. i barricades and warning lights to prevent injury to the public. I i 4. GUARANTEE All workmanship and materials shall be guaranteed by the contractor to the Town for a period of one (1) year from the date of final acceptance of the work by the Town. I I S, ENUMERATION OF CONTRACT DOCUMENTS I i The following are the Contract Documents: Proposal, Notice to Bidders, General. Conditions, Specifications, and Contract. I 4 6. PERMITS , r } The contractor shall obtain and pay for all required permits, approvals, authorizations, licenses of any kind necessary for the prosecution of the work. Copies of all such permits, approvals, authorizations and licenses shall be filed t wit;: the Town Clerk and no work shall be commenced until the same have been obtained i and filed. i 7. TAXES Contractor shall pay all sales, consumer, use and other similar taxes required to be paid in connection with the work in accordance with the applicable laws, except that the contract: price shall not include any taxes from which the Town is exempt. 8. EXISTING DIMENSIONS AND ELEVATIONS The contractor shall have the sole responsibility of taking field measure- ments and completing the construction in accordance with the intent of the Contract Documents. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the empl.)yment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will minimize interruption or interference with the public or private use of the sites and adjacent properties. i -2- 9 10. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to have inspected the sites and to have read and become thoroughly familiar with the Contract Documents. The failure or omissions of any bidder to examine any form, instrument or document shall. in no way relieve any bidder from any obligation in respect to his bid. 11 . SITE CONDITIONS The contractor must, at his own risk, inspect the sites of the proposed work and assume all risk pertaining; to the location of the site and possible adverse conditions. The Town does not make any representations as to the soil or subsurface conditions I.o be encountered. 12. INSPEvTION All work shall be performed under the inspection and contract administration of the Town or its authorized agent, who shall make the final decision pertaining to acceptance or rejection of the work. 13. CLEANUP The work sites shall be kept in a safe orderly condition at all times. Upon completion of the contract work, the contractor shall completely clean the site and leave it in condition for use by the Town. Any item located inside or outside the work areas, damaged or destroyed by the contractor shall be replaced in kind. 14. WEATHER CONDITIONS In the event of temporary suspension of the work, or during inclement weather, or whenever the Highway Superintendent shall direct, the contractor will., and will cause his subcontractors to protect carefully his and their work and -3- j materials against damage or injury from the weather. If, in the opinion of the Superintendent of Highways, any work or materials shall have been damaged or injured by reason of the 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. E -4- SPECIFICATIONS FOR REMOVAL AND REPLACEMENT OF SIDEWALKS AND CURBING REMOVE & REPLACE CONCRETE: SIDEWALK 1. DESCRIPTION OF WORK Under this item, the contractor shall saw cut and remove existing side- walk and construct sidewalks where ordered by the Superintendent of Highways. 2. MATERIAI..S Concrete shall conform to all of the requirements specified for Item 105 in the table, "Composition of Concrete items" and Section 7 of the New York State Department of Public Works, January 2, 1962 Specifications, as amended. 3. CONSTRUCTION DETAILS The Contractor shall saw cut concrete sidewalk to establish a straight line where abutting new work to existing. The saw cut shall be to a depth sufficient to enable the sidewalk to be removed leaving a straight edge. Concrete sidewalk that is removed leaving a ragged edge, shall be recut and replaced at the contractor's expense. Adjacent sidewalk to be left in place which is undermined, moved or damaged past the saw cut line during the excavation operation will be removed and replaced at the contractor's expense. The concrete shall be worked and floated so as to produce a smooth and uniform surface. The concrete shall be laid in one course w9th steel fabric rein- Eorcement conforming to the requirements of New York State Department. of Public Works, Item 25 F embedded midway between the upper and lowest surfaces. Sidewalks shall be four inches (4") in depth and have transverse construction joints to the full depth of t'ie concrete spaced 12 feet apart and the edges of such joints finished with an edging too]. of 1/4 inch radius. The top surface shall be I scored at intervals of fo+xr feet (41) so that the finished walk will be marked in squares both longitudinally and transversely. CURING The specifications for Item 97 conforming to the requirements of the New York State Department of Public Works, January 2, 1962 specifications, as amended will apply for curing. 4. PROTECTION The contractor shall. protect the sidewalk and keep it in first class con- dition until the completion of the contract. Any portion of the sidewalk which is damaged or vandalized at any time previous to the final acceptance of the work shall be removed and replaced with satisfactory sidewalk at the Contractor's expense. 5. METHOD OF MEASUREMENT The unit price bid per square yard for this item shall include the cost of saw cutting and removing existing sidewalk, preparing the subgrade and of furnish- ing all equipment, materials and labor necessary to complete the work. Excavation for the placement of the sidewalk shall be included under this item. 6. BASIS OF PAYMENT Payment for concrete sidewalk restoration shall be for the number of square yards of concrete placed and shall include the cost of saw cutting and removing existing sidewalks, forming, subbase preparation, steel fabric reinforcement, expan- sion joint material, curing membrane, removing broken concrete from the site, and other necessary incidentals to complete the work. All sidewalks damaged by the weather, pedestrians, or vandalism shall be removed and replaced at the contractor's expense. -2- THIS AGREEMLNT, made and entered into this day of 1983, by and between the TOWN OF SOUTHOLD, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York, in the County of Suffolk (hereinafter called the Town) , party of the first part, and _ (hereinafter called the Contractor) , party of the second part. WITNESsurii, that the parties to these presents, each in consideration of the agreement on the part of the other herein contained, have agreed and hereby agree, the party of the first part for itself, its successors and assigns, and the party ! of the second part, for itself. , himself, his heirs, executors, successors and assigns, I as follows: i 1 . The Contractor will,at the Contractor's own sole cost and expense, furnish all labor and services and all material for the removal and replacement of approxi- mately 600 square yards of broken and/or deteriorated sidewalk and curbing in various sites of the Town of Southold, as specified by the Highway Sc.perintendent, and will. construct , complete and finish the same in the most thorough, workmanlike and sub- stantial manner, and in every respect to the satisfaction and approval of the Town 3 in the manner and in strict accordance with the Notice to Bidders, General Conditions, Proposal, and Specifications wliich are hereby made a part of this contract, as fully as if the same were repeated at length herein. 2. All work under this contract shall be done to the satisfaction of the Town, which shall at all times have access to the work and which may order the dismissal of such workmen as it may deem incompetent or careless, or may require the Contractor to remove from the premises such materials or work as in the Town's opinion are not in accordance with the Specifications, substitute therefor, without delay, other work and materials, and the expense of doing so and of making good other work dis- turbed by the change, shall be borne by the Contractor. The Town shall also deter- mine the amount, quantity, acceptability and fitness of the several items of work and material which are to be paid for hereunder. The Town shall also determine whether the said Specifications have been fully complied with by the Contractor. The determination of the Town in all of such matters shall be final and binding upon the parties hereto. Such determination, in the event that any question shall arise, shall. be a condition precedent to the right oi- the Contractor to receive any money hereunder. 3. Should anything be omitted from the Specifications which is necessary for a clear understanding of the work, or should error appear either in the various instruments furnished or in the work done by other c..ontractors affecting the work covered hereby, the Contractor shall and will promptly notify the Town, and in the 1 event of the Contractor's failure so to do, he shall and will make good any damage {� to or defect in the work caused thereby. 4. The Contractor shall, at his own cost and expense, provide any and all f manner of labor, material., apparatus, appliances, utensils, tools, machinery and whatever else m,ty be required of every description necessary to do and complete the work, and shall be solely answerable forthe same and for the safe, proper and lawful construction, maintenance and use thereof, The Contractor shall. cover and protect the work from damage, and shall make good all injury to the same appearing before the completeion of the work provided for herein. 9 5. Neither the Town nor any of its officers, agents or employees shall in any manner be answerable or responsible for any loss or damage that shall or may happen to the said work or to any part or parts thereof, or to any materials, loading -2- i t equipment or any property that may be used or employed therein, or placed upon the ground during the process of the work, nor shall it be in any manner answerable or responsible for any injury done or damage or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees I i of the Contractor or otherwise, or for damages to any property, whether belonging to the Town or to others, appearing during or resulting from the said work. Against all such injuries, dam,iges and compensation, the Contractor shall and will properly i guard. The Contractor shall also, at all times, indemnify and save the Town and its officers, agents and employees harmless against all such injuries, damages and compensation arising or resulting from causes other than its negligence. 6. The Contractor agrees that it shall, pursuant to the Workmen's Compensation Law of the State of New York, secure the payment of compensation for the benefit of all employees who may be injured or suffer disability in the work contracted to be performed under this contract, and for the benefit of the dependents of such employees. The Contractor shall continue to secure the payment of such compensation during the life of this contract. In the event of the failure of the Contractor to secure compensation to the employees and their dependents as aforesaid, or in the event of the failure to continue the securing of such compensation during the j life of this contract, the contract shall be and become void and of no effect, and ` the Contractor shall forfeit to the Town all payments provided under this contract 1 and the value of all work done and materials rendered hereunder. E 7. The Contractor and each subcontractor or other person doing or contracting i r to do any work contemplated by this contract shall comply with all laws, ordinances and regulations in any manner affecting the work or performance of this contract, whether or not such laws, ordinances or regulations are mentioned herein and shall E i -3- r indemnify and save harmless rhe Town and its officers, agents and employees against any claim or liability arising from or based upon the violation of any such law, ordinance or regulation. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. Without in any manner limiting the foregoing provisions hereof, attention is particu- larly directed to the applicable provisions of Article 8 of the Labor Law (wages, hours, statements showing amounts due for wages, discrimination, preference in employ- ment, minimum rate of wages, etc.) , and Article S-A of the General Municipal Law (Public Contracts) , which said provisions of law are incorporated herein by reference. Prevailing wage rates are attached hereto and form a part hereof. 8. The Contractor shall secure and take out at his own expense all necessary certificates, authorizations and permits from the municipality or other public author- ities required in connection with the work contemplated by this contract or any part thereof, and shall give all notices required by law, ordinance or regulation. He shall pay all fees and charges Incident to the due and lawful prosecution of the work contemplated by this cuntraet. 9. The Contractor in entering into this agreement, understands that the Town reserves the right to modify the same with respect to the arrangement, character, alignment or nature of the work or of appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modification when ordered in writing by the Town, and the same shall not vitiate or void this contract. Any such modification so made shall not, however, subject -4- the Contractor to increased expenses without equitable compensation, which shall be determined by the Town. if such modifications or any part thereof, result in a decrease in the cost of work involved, an equitable deduction from the contract price, to be determined by the Town, shall be made. The Town's determination of any such additional compensation or of any such deduction shall be based upon the bids submitted and accepted. In any event, no modification of the work described in the Specifications shall be made, unless the nature and expense thereof have first been certified by the Town in writing and sent to the Contractor. 10. Neither the Town nor any of its officers, agents or employees, nor any order for the payment of money, nor any payment for, or acceptance of the whole or any part of the work by the Town, nor any extension of time, nor any possession taken by the Town, its officers, agents or employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Town, or any right to damages herein provided; nor shall any waiver of any other provision of this contract be deemed to be a waiver of any other or subsequent breach. Any remedy provided ii, this contract shall be taken and construed as in addition to each and every other remedy herein provided; and in addition to all other suits, actions or legal proceedings, the Town shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of this contract. 11 . In case of unnecessary or inexcusable delay in the general conduct of the work or in the event of an actual, or practical abandonment of the work, the Town will. notify the Contractor or his bondsman in writing to that effect. If the Contractor or his bondsman shall not within six (6) consecutive days thereafter take such measures as will, in the judgment of the Town, insure a satisfactory com- pletion of the work in the time specified, the Town may then notify the aforesaid contractor and his bondsman to discontinue all work under this contract, and it is hereby ,greed that the Contractor and his bondsman shall immediately respect such notice and stop work, and cease to have any right to possession of the premises whereon said work is being performed. The Town shall thereupon have the power and authority to cancel the contract, aad to relet the work or any part thereof or to employ such persons and equipment as it may deem advisable by contract or otherwise, to complete the work herein described, and to use such material as it may find upon iI the premises, and to procure other materials for the completion of said work. All I expenses of such completion or the work, including the additional payments to be made to the persons completing; the same, and any other claims arising under this contract, shall be deducted and paid by the Town out of such moneys as may then be due the said Contractor or which may thereafter become due under and by virtue of this agreement or any part thereof. In case such expense is less than the sum which would have been payable for such work under this contract if the same had been fully completed by the Contractor, he shall be entitled to receive the difference;. in case such expense is greater, the Contractor shall pay the amount of such excess so due. y 12. Each and every employee of the Contractor, and each and every subcontractor engaged in said work, shall, for all purposes, be deemed and taken to be the exclusive , servants of the Contractor and not for any purpose in any manner in the employment of. the Town. The Contractor shall in no manner be relieved from responsibi L _y or liability on account of any delay in the execution of the said work, or of any part thereof, by the acts or omissions of any such employee, or any subcontractor,. or any materialmen whatsoever. I 13. The Town shall pay, and the Contractor shall receive, the prices stipulated In the proposal hereunto annexed, as full compensation for everything furnished -6- i and done by the Contractor under this contract. Such payment shall be made by the Town as follows: (a) On not later than the fifth day of every month the Contractor shall submit a requisition covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Town. (b) Not later than the fifteenth day of each calendar month after the date of notice to proceed. with work at the site, the Town will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Town will retain five percent (5%) if the amount of each such estimate until final completion and acceptance of all work covered by this contract. (c) No partial payment will be made for any materials or equipment until they are incorporated in the work except that fifty percent (50%) of the estimated value may be allowed for manufactured materials delivered at the construction site and properly stored and protected, provided, however, that the Contractor if so requested by the Town shall furnish written evidence that he is the unconditional owner of such manufactured materials. (d) All work covered by partial payments made shall thereupon become the sole property of the Town, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and portection or work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require the -7- I fulfillment of all of the terms of the contract. (e.) Before any payments will be made under this contract, the Town reserves the right to require that the Contractor and all subcon- tractors shall submit written verified statements, in satisfactory form, certifyi.ng in detail to the amounts then due and unpaid by such Contractor e and subcontractor to all laborers for daily or weekly wages on account of 1 I labor performed upon the work under this contract, or to other persons for materials, equipment and supplies delivered at the site of the work. The term "Labor" as used herein shall include workmen and mechanics. (f) Upon completion of the project, the Town Engineer shall make a final inspection for approval of all the work done under this contract and shall , within fifteen days after the acceptance of the work by the Engineer I and the Town, prepare a final certificate of the work done and the value thereof. ' 1 The Town shall upon approval of the final certificate, promptly pay the i Contractor the entire sum so found due thereunder after deducting all pre- vious payments and all percentages and amounts to be kept and retained under the provisions of this contract. All prior partial payments shall be subject to correction in the final estimate and payment. (g) Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Town and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. 14. The Contractor, during the term of this contract, shall provide owner's protective liability and contractor's public liability and property damage insurance 4 to be written by an insurance company authorized to do business in the State of New York and approved by the Town, such policies to be in amounts of not less than I -8- I $100,000,000 with respect to claims arising out of any one accident resulting in bodily injury to or death of any one person, and in amounts of not less than $1,000,00( with respect to claims arising out of any one accident resulting in bodily injury to or death of more than one person, and in an amount of not less than $100,000 against claims arisiu g out of any one accident resulting in property damage, all protecting the Tc�wii and the Contractor against injuries or damage to persons or property caused by or resulting from the execution of the work or in consequence of any improper i,iaterials, implements, equipment or labor used therein, or due to any act, ._mission or neglect of the Contractor or his agents and employees or subcontractors. Certificates of such insurance shall be filed with the Town Clerk. 15. The Contractor shall not assign, transfer, convey, sublet or otherwise dis- pose of this contract, or of his right, title or interest therein, or his power to execute the same, to any other person or corporation without the previous consent in writing of tbo Town. In the event that the Contractor shall violate the provisions of this paragraph, the Town shall revoke and annul the contract and the Town shall be relieved and discharged from any and all liability and obligations growing out of such contract to such Contractor, and to the person, or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise dis- po:,ed of, and such Contractor, and his assignees, transferees or sublessees shall forfeit and lose all moneys, therefor earned under this contract, except so much as may be required to be paid to his imployees. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto, and these presents to be signed by the Supervisor of the Town of Southold and the Contractor has hereunto aet his hand and seal the day and year first above written. TOWN OF SOUTHOLD BY _ William R. Pell III, Supervisor i -9 1i 1 . S nrI T, G OF NEW YORK) COUNTY OF SUFFOLK.) On this , day of ^� 1983, before me personally came WILLIAM R. PELT. III, to be personally known, who, being by me duly sworn, did dispose and day that tie resides at 530 Anglers Road, Greenport, New York; that' he is the Super- visor of the TOWN OF SOUTHOLD, the m:lnicipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Southold Town Board, and that he signed his name thereto by like authority. Notary Public STATF. OF NEW YURK) ss. : COUNTY OF SUFFOLK) (Acknowledgement for Individual Contractor) k Illis c i On this day �f. 1983, before me personally came _ to me known and known to me to be the individual described in and who executed the above instrument, and he acknowledged that he executed the same. Notary Public _10- STATE OF NEW YORK) COUNTY OF SUFFOLK) ss, : (Acknowledgement for Corporate Contractor) On this day of 1983, before me personally came to me personally known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the above instrument; that he knows the seal of said corporatio that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public s -11- State of New York 14k.W011Bureau of Public Work Department of Labor *n -o State OtfIce Building Campus Albany,N.Y. 12240 $ CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission is a party and which may involve the employment of laborers, workmen or mechanics, shall comply with the requirements of Article 8(Sections 220.223)of the New York State Labor Law: 1. 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 the contract shall be permitted or required to woik more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not lees than the prevailing rate of wages at the time tete work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. if the prevailing rate of wages or the prevailing supplements change after she contract is let, each workman. laborer or mechanic shall he paid or provided riot less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a star-ment of the current prevailing wage rates and supplements for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. No employee shall be deemed to be an apprentice unless individually registered in a program registered with the Nvw York State Department of Labor. The allowable ratio of,apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered progr:un. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rat,�s for the area of construction, prior to using any apprentices on the contract work. ( See Section 220.3) 5. (a) No contractor,subcontractor,nor any person acting on his behalf,shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and availableto perform the work to which the employment relates. (See Section 220-e(a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race,creed,color,disability, sex or national origi-- (See Section 220-e (b) ) NOTE: The human Rights Law also prohibits discrimination in employment because of age,(marital status or rehyion. (c) The- may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 220-e (c) ) (d) The contract may he cancelled or terminated by the State or municipality,and all moneys dine or to become due thereunder may he forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e(d) ) PW-3(9.821 PREVAILING RATE SCHEDULE State of Now York ase umber QYreau of Department of Labor Public Work 8,]02097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- SUPPLEMENTAL BENEF;T_PAYMENIG aiilns OCCUPATIONS Wage health basic and pen- suppl. other supplements hourly welfare *ion unemp. rate CA) C83 CC) CO) through CM3 AS E;T4> WORKFit �. Asbestos Worker 15. 640 1. 140 1. 410 - - Insulator 15 640 1 140 1 410- I-2. 15, G-1 58, BOILERMAKER Boi I ermaker 17. 120 850 1. 710 I-2. 67, H-. 04, 0-1. 20, ARPENTF.R Carpenter(Bldg. ) 16. 150 1. 870 2. 130 Floor Coverer 24. 900 1. 850 1. 330 Carpet Layer 15- 980 1. 970 1. 480 Dry-wa I i Applicator 11. 650 1. 530 2. 030 Millwright 16. 450 1. 970 1. 480 I-l. 25,H-. 07,0-. 0:3. G-1. 61, Carpenter (Hvy/Hwy) 13. 450 1. 530 2. 030 I-. 35, H-. 04, G-. 90 PI f wdr{ ver 15. 950 1. 970 1. 480 Dockbul I der 14. 860 1. 850 1. 330 I-. 90, H-. 10, G-1. 01:, T I ~barman 13. 790 1. 850 2. 330 He 1 par 13. 320 1. 970 1. 480 I-1. 05.H-. 1D,G-1. 1.5, MARINE DIVER Mar i no Di ver 19. 290 1. 970 1. 480 . 03S I-1. 05, H-. 10, G-1. 23, Tender 151090 1. 970 1. 480 . 03S KILLER Coro Driller 11. 305 1. 000 . 740 G-. 19, Helper 9. 84S 1. 000 . 740 Gas/011 Well Driller ------ - --------------------- Helper/Tool Dresser _ ------ ----- ----- --- Well Drillor(Water) 13. 100 1. 179 2. 250 Helper 11. 100 . 999 2. 250 Pump Instal ler 3. 600 . 460 . 000 E-L d Tli- C I A N EI vctr i ci nn 17- 200 1. 554 1. 118 . 250 G-1. 634, Maintenance 13. 800 1. 104 . 621 I-1. 104, H-. 086, J- 41 G-1. 035, Applicable on traffic signals and street lighting only. Sound/Audi o-Insta 1 I /Repel r 17- 000 1. 060 1. 060 - G-1. 44S, ------------------------------ Te 1 ephone-Instal I /Repel r 14. 000 2. 016 2. 296 J-. 224. F-. 14, G-1_ -r84 ELEVA70R _ - Eiovator(Constructi on) 14. 990 1. 345 . 950 1-1. 24, F-. 03S, Helper 11. 240 1- 34S . 950 I-1. 14, F-. 035, E 1 oval or(Moder n i zat 1 on) 14. 400 1. 345 1. 085 I-1. 00. F-. 035. Helper 20- 800 1. 34S 1. 085 GLAZIER Glazier 15. 250 . 660 . 710 I-2. 00, H-. 01, G-. 92, IR_ONWORKFR Str_uctural 14. 400 1. 860 2. 800 I-3. 85.H-. 11, G-2. U0, Ornamental 15. 120 1. 210 1. 550 I-2. D0. H-. 10. G-1. 00, Rigger 15. 730 2. 230 1. 770 Chain Link Fence 15. 430 1. 300 1. 850 OCCUPATIONS APPLICABLE TO BUILDING ANO HEAVY / UgHWAy CONSTRUCTION SCHEDULES Pose 1 SURVEY Is - B PREVAILING RATC SCHEDULE S+atv of New York Gnse Number Bureau of Department of Lobus Pu011t Mork - -------- - @309097 SUFFOLK COUNTY TOWN OF 60UTHHOLD Prov- SUPPLEMENTAL BENt_F T PAYMENTS a i ling OCCUPATIONS rage health basic and Pon- suPpl . other supPieaoate hourly Welfare 61011 VheaP. roto (A) (S) (C) (D) through (M) (BUILDING) Bas I c 11. 740 1. 530 1. 530 M-. 10.G-1. 00. Mason Tender 11. 740 1. 1530 1. 1530 Pipelaver 12. 950 1. 760 1. 200 . 500 I-1. 15. Concretv 12. 740 2. 0S0 1. 530 Power. Ai r Tool 12. 360 1. 320 1. 790 Asphalt Rakvr 10. 990 . 919 1. 428 M-. 109.G-. 75, Asphalt Tnmpur 10. 760 . 968 1. 398 M-. 10T.G-. 75, Bl aster 14. 440 1. 320 1- 790 I-. 50. G-2. 00. Der o l I t I on 10. 900 1. 2SO 1. 700 F-. 03,12-1. 00, ----------- ---------.---- (HEAVY/►i i GHWAY) Bas I c 9. 750 975 1. 267 M•. 10. G-. 75. Flagman 12. 950 1. 760 1. 200 500 I-1. 15. PI pe l ever 9. 750 . 975 1. 267 M-. 10. G-. 75. Power . AI r Tor,1 10. 850 1. OOQ 1. 450 I-. 50. G-. S0, C O.,Cr ate 10. 300 927 1. 339 M-. 103. G-. 7S, Wagon Or 1 I 1 11, SSD 1. 110 1. 110 G-. BST, Asphalt Rakpr 10. 400 1. 040 1. 35II Asphalt Tampa, 10. 160 1. 016 1. 320 M-. 10. G-. 75. Forrsettur 10. 990 . 989 1. 428 M- . 109. G-. 75. Bl aster 9. 750 . 976 1. 267 M-. lO. G-. 75, j_A---`ii -_ -- .- - - Lather (Wood, WI r e) 17. 280 1. 325 . 985 I-1. 60. H-. OL D-. 02+ G- 75, Relnforcin9 ILi, 720 1. 325 985 I-1. 60, H-. 01. 0-. 02, -- C1r 1 ck 1 nyor 15 220 1. 780 2. 300 I-2. 05.H-. 04, Cement Fi nl shvr (Fildg ) 16. 520 1. 990 2. 350 ll-. O1. G-1. 00. plasterer 13. 450 2. 450 . 000 H-. 01 Tuck Pointer 14 000 1. 500 1. 900 Mosai c/7erra2zo Wkr 15. 990 1. 170 1. 500 .4s0 G-1. 00, Terrazzo Helper 14. 550 1. 170 1. 500 . 450 G-1. 00, T 1 1 esat tar 1.3. 800 1. 600 1. 350 G-1. 08S. TI lesetter Hvlper 10. 960 1. 305 1. 020 Derrl ckmar 15. 230 1. 230 1. S10 ------------------------------ Cerent FI nl ni sher(H/H) 13. S0Q 1. 940 2. 270 H-. O1, G-. S0, PAINTER Brush 13. 990 3. 240 1. 000 H-. 23. G-. 60. Structural Steel 15. 280 1. 680 . 990 I-1. 53. 1-1-. 075, 6-. 46, Spray 15. 1500 3. 240 1. 000 H-. 23. G-. 60, Bridge 15. 180 1. 680 . 990 Snndb i aster 25. 280 1. 680 . 990 I-1. 53. H-. D75. G-. 46, Paperhanger 15. 280 1 330 1. 330 Drywall leper 13. 990 3. 240 1. 000 ---------------------------- -- Strlping Mach. Oiler (H/14) 10. 900 . 760 . 740 Llherrnn (H/H) 10. 900 . 760 . 740 PLUMBER Plumber 14. 600 1. 050 2. 300 I-. 571. H-. 37,G-1. 30, ROOFER Roofer 12. 740 1. 610 1. 560 I-1. 18, H-. 03.0-2. 00, H ET MET AL WORKF--It �_�_ Sheetaeta 1 Worker 16. 206 1. 764 1. 828 .2S0 H-. 187. J-1. 258, 0- 08 G-. 25, -- ---------------------------- SI gn Erector (H/H) 12. 950 910 1. 230 1-. 57.H-. 02.M-. 88. OCCUPATIONS APPLICABLE TO BUILD ANO HEAVY / tjIGLIWAY CONSTRU T� ION SCHEDULES Paye 2 SURVEY 0 - B PREVAILING RATE SCHEDULE Ste`te of Naw Vork ase um ar Burees► of Dapartmant Of Labor Pull I 1 n Work 8302097_. SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- SIpPLEMENTAL gErjE PAVM-.NTS al I I ng OCCUPATIONS wage health basic and pen- SUPPI . other supPlemeats hourly wolfore •Ion uhump. rate CA) (B) CC) CD) through (M) SPRIN!} FI7TE_R F-. 07. K-Z. 50. G-l. 00. S P r I n k I w r Fitter 17. 320 1. 000 1. 180 �T.F�AM�€'TrTER i F 07. K-2. 50. 0-1. 00. 6toamf 1 tter 17. 320 1. 000 1. 180 SURVEYING SURVEY CREW (Highway 8 heavy only) Party Ch1 e4 12. 430 . 900 . 700 Instrument Man 10. 390 . 900 . 700 I-2. 00. H-. D5. G-. 70. Rodaan/Choi hMah 9. 000 . 909) . 700 Survey Rotes apply to those workman employed on HIGHWAY and HEAVY contracts let On or a4t9r July 2. 1979 TEAMSTER I-1. 00. Excavation 10. 52S 1. 612 9. 832 Euclid Other 10. 25 1. 612 2. 852 I-1. 00. TREE TRIMMING Tree Trimmer 12. 030 . 000 . 000 Grouhdmah. Dri ver 9. 300 . 000 . 000 WATERPROOFER waterproofer 14. S20 1. 250 P. 500 luck Pointer 14. 520 1. 250 2. 500 Sandblaster(Mason) 15. 770 1. 250 2. 500 I.1 SO. J-1. 54, E». 08. 6taamciean9r(Ma5Oh) 15. 110 1. 250 2. 500 WELDER Weider 13. 900 1. 860 2. 550 OPERATORS OF POWER E.RUIP-MENS �� POWER FOUIP. OPER. (BLDG) Backhoe 14. 855 1. 426 2. 500 20U H . 25. M-. 15. G-1. 00. Bu I I dozer 15. 055 1. 444 2 750 200 H-. 25. M-- 15. L'-l. 00. Compressor 14. 155 1. 363 2. 500 . 200 H-. 2S. M-. 1S. G-1. DD. Crone 14. 605 1. 432 2. 5D0 .2a0 Fi roman 13. 550 . 800 . 900 Fork I I ft 14. 780 1. 420 2. 500 . 200 H-. 25. M-. 15, G-1. 00, Front End Loader 14. 950 1. 435 1. 750 . 200 H-, 25. M-. 15. G-1. 00. Grader 13. 1120 . 800 . 800 I-2 00. H-. 10- G-. 70. Hol st Opr . 15. 480 1. 483 2. 750 . 200 H-. 25. M-. 15, G»1. D Mixer (All ) 13. 550 . 800 . 800 OI 1 er 13. OSS 1. 270 2. S00 . 200 Pi ledrl ver 14. 090 1. 200 1. 050 Pump 15. 405 1. 476 2. 750 . 200 ROi lar ^ 6. 230 . 980 1. 630 1. 2UD H-. 37. Scraper 8 Pan 13. 820 . 800 . 800 Y_2. Zb.H 10. G-. 75. Shovel 14. 820 1. 200 1- 050 Tractor 14. 30S 1. 377 2. 750 . 200 H-. 25. M-. 15. G-1. 00. Tranching Machine 14. 370 1. 200 1. 050 I-2. 25. H-. 10.G-- 75. ------------------------------ CONTINUED OCCUPATIONS APPLICABLE TO L!Q11DING AND HEAVY / HIC:NWAV CON;TRUCTION SCHEDULES Page 3 SURVEY s - B PREVAILING RATE SCHEDULE 6tat`e of Now York too* liumbor -� Bureau of Department of Labor Publia. Work SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- SUPPLEMENTAL BENEFIT PAYMENTS ailing OCCUPATIONS wag* health basic and pan- suppl . other supplements hourly welfare $son unemp. Pato CA) (6) CC) (0) through CM) CONTINUED ------------------------------ POWER FOUIP. OPER. (HVY/HWAV) Asphalt Sprvader 14. 580 1. 402 2, 500 . 200 Backhoo 14. 950 1. 435 2. 500 . 200 H-. 25, M-. 15, O-. 2Q, G-1. 00. Belt Loader 23. 820 . 800 . 800 Bulldozer 13. 770 2. 329 2. 500 . 200 Compressor 15. 205 1. 458 2. 750 . 200 Concrete Pump 1=. Q9q }. $00 1. 050 Concrete Breaker 171. 730 33. 289 2. 750 . 200 Crane 14. 560 1. 402 2. 500 . 200 Dreg I i ne 14. 170 2. 200 1. 050 FI nl shi ng Machine 13. 660 . 800 . 800 Fireman 13. 850 . 800 . 800 Z-2. 00, H-. 10. G-. 70. Front End L oadar 14- 30.5 1. 377 2. 5100 . 200 Grade -All Opar. a6. 000 . 960 1. 520 1. 200 H-. 36. Grader 23. 98S 1. 348 2. S00 . 200 H-. 25,M-. 15, G-1. 00, Machanlc-Const. Equip. 13. 770 1. 329 V. 500 . 200 H-. 25,M-. 1S. G-1. 00, Mai nt. - GreasvMnn 15. 055 1. 444 2. 750 . 200 H-. 25. N-. lb, G-1. 00. OI l er 12. 370 2. 203 2- 1500 . 200 H-. 25. M-. 15,G-1. 00, P 1 I edr i ver 14. 090 1. 200 1. 050 Post Driver (Guard Rail ) 15. 040 . 900 1. 420 1. 200 H-. 33. Pump 23. 770 1. 329 2. 500 . 200 H-. 2S, M-. 15, G-1. 00, Ridge Cutter (Pavement Saw) 24. 820 1. 200 1. 050 I-2. 25-H-. 10. G-. 75, Roller 14. 120 1. 360 2- 500 . 200 H-. 2S. M-. 15, G-1. 00. Scraper 8 Pen 14. 420 1. 396 2. 750 . 200 H-. 25, 111-. 1S,G-1. 00. shovel 14. 820 1. 200 1. 051:1 I-2. 25. H-. 10. G-. 75. Tractor 12- 155 . 183 2. 500 . 200 H-. 35, M-. 15. G-1. 00- Trenchi ng Machine 14. 370 1. 200 1. 050 APPRENTICCE RATES: Apprentice Rats aro NOT provided In this schedule ART. 8, 5ec. 22n. 3-9 : "ApprentlCes will be permitted to work as such only when they are registered, Individually, under a bona fide program registered with the New York StateDepartment of Labor. The allowable ratio of apprentices to Journeymen In any craft classification *hall not be greater than the ratio permitted to the contractor as to his work force on any Job under the registered program. Any employee listed on a payroll at on apprentice wage rate, who Is not registered as above, shall be paid the wage rate determined by the New York State Department of Labor for the classification of work he actually performed. The contractor or sub-contractor will be required to furnish written evidence of the ruglstratlon of his program and apprentices as wail as the appropriate ratios and Wage ratall- for the area of construction prior to using any apprentices on the contract work. OCCUPATIONS APPLICABLE TO €IUILDZNG FNP HEAVY / HIGHW4Y CONSTRUCTION SCHEDULES Page 4 SURVEY e - 8 • PROPOSAL TO THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, SUFFOLK COUATY, NEW YORK, FOR SIDEWALK AND CURBING REMOVAL AND REPLACEMENT The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form. of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, Implements and incidentals and to furnish labor and do all the work required for the removal and replacement of sidewalks and curbing at various sites in the Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to bidders, all c,4 which are a part of the contract hereunto annexed, to such an A extent as they relate so to govern the obligations herein proposed to be assumed, �I to wit : III The undersigned proposes to remove approximately 600 square yards of sidewalk and curbing and replace the same at various sites in the Town of �out/h�old selected by the Superintendent of Highways at a price per square yard of ,� e 's /, �zl tle, ($ 'y Dotlars. The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the wo:k within twenty (20) days after notification to proceed and to continue said work unfnterupted until completed. The undersigned further agrees that within five (5) days from the date of accept- ance of this proposal, he will furnish suitable surety to be approved by the Southold Town Board on an indemnifying bond for the faithful. and prompt performance and com- pletion of the work specified in such contract, and a labor and material bond, in . I the amount of Seven Thousand ($7,000.00) Dollars. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be per- formed, the certified check in the amount of $500.00 which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the 14' opening of bids or proposals for this project, to any other bidder, competitor or E potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or. proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, ? and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf j of the corporate bidder. Dated: ignature o id er Businesm Address of , idder -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT ,Name of _Cdvporationl be authorized to sign and submit the bid or proposal of this corporation for the following project: Sidewalk and Curbing removal and replacement at the various sites in the Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any in- accuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoin4'c, is a true and correct copy of the resolution adopted by corporation at a meeting of its Board of Drs held on the day of 1983. (Seal of the ecretary Corporation) 3 NOTICE TO BIDDERS l i NOTICE LS HEREBY GIVEN that sealed proposals are sought and requested by the I Town Board of the Town of Southold, Sufful.k County, New York, for Sidewalk and Curbing I removal and replacement at various sites in the Town of Southold, Suffolk County, New York. I The sealed proposals will be received by the Southold Towii Superintendent of � Highways at his office at Peconic Lane, Peconic, New York, until 9 : 3 0 A`M. e ii (prevailing t ime on _ May__ -)( 1983, at which time and place they wi.11 be publicly opened and read aloud. Specifications, a proposed contract for the i execution of the work and forms of proposals can be examined and obtained from the Superintendent of Highways at his office at Pecooic Lane, Peconic, New York. Proposals must be upon and in accordance with the form of proposal prepared by said Tow;:, which proposals shall. be made and will be received upon the following conditions: Each proposal must be accompanied by the depo.;it- of a cert.ilied check made payable to the order of the 'Town of Southold in an ,amount of Ffve Hundred ($500.00) Dollars, conditioned that if the proposal. is accepted, the suc:ces.sl ul. bidci(.:r will enter into a contract for the work and will , within five (5) days Irom t:Iu date of the acceptance of the proposal furnish the required .c,ecurit;7. All deposits except that of the successful bi.ddur wilt bu re� urned. Upon acceptance of his bid, if the successful bidder to tniter into a contract pursuant to the requirements of the Town, or fails to give the required security within the prescribed time, then the check deposited with the proposal and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold. i The Town Board of the Town of Southold reserves the right to reject any and all proposals and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of Southold. All proposals must be signed and enclosed in sealed envelopes plainly marked "Bid for Sidewalks" and addressed to the Southold Town Superintendent of Highways, Peconic Lane, Peconic, New York. Dated: April 19 ,_ 1983 Raymond C. Dean SOUTHOLD TOWN SUPERINTENDENT OF HIGHWAYS PLEASE PUBLISH ONCE, MAY 5 , 1983 , AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO RAYMOND C. DEAN, SUPERINTENDENT OF HIGHWAYS, TOWN OF SOUTHOLD, PECONIC LANE, PECONIC, NEW YORK 11958 Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Clerk -2- s i GENERAL CONDITIONS AND SPECIFICATIONS 1 . SCOPE OF WORK The work required under these specifications includes the supplying of i all labor, materials, equipment and services necessary for the removal and replacement of broken and deteriorated sidewalks and curbing at various locations in the Town of Southold, New York in accordance with the specifications set forth herein; and r the restoration of the sites to the grade specified by the Superintendent of Highways, f including such filling, compacting. grading and leveling as shall be directed by f the Superintendent of Highways. It is the intention of these specifications that all work and materials of every nature whatsoever, is to be performed and supplied by the contractor at the contractor's sole cost and expense, including the removal { and disposal of all excess materials and debris resulting from construction operations. It is estimated that the work will involve approxima4ely 600 square yards of sidewalks and/or curbing. ! I f 2. ORAL AGREEMENTS 99` Oral orders, claims or instructions by any party shall not change the i terms or modifications in the Contract Documents and none of the Contract Document; shall be deemed waived or modified by reason of any oral agreement. 3. PROTECTION OF LIFE AND PROPERTY P The contractor shall keep the sites in a safe condition with adequate I barricades and warning lights to prevent injury to the public. I 4. GUARANTEE S i All workmanship and materials shall be guaranteed by the contractor to the Town for a period of one (1) year from the date of final acceptance of the work by the Town. i I I i S. ENUMERATION OF CONTRACT DOCUMENTS I The following are the Contract Documents: Proposal, Notice to Bidders, General Conditions, Specifications, and Contract. 6. PERMITS The contrractor shall obtain and pay for all required permits, approvals, i I • s authorizations, licenses of any kind necessary for the prosecution of the work. Copies of all such permits, approvals, authorizations and licenses shall be filed with the Town Clerk and no work shall he commenced until the same have been obtained P E and filed. 7. TAXES j Contractor shall pay all sales, consumer, use and other similar taxes required to be paid in connection with the work in accordance with the applicable laws, except that the contract price shall not include any taxes from which the Town is exempt. 8. EXISTING DIMENSIONS AND ELEVATIONS The contractor shall have the sole responsibility of taking field measure- ments and completing the construction in accordance with the intent of the Contract Documents. 9. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will minimize interruption or interference with the public or private use of the sites and adjacent properties. -2- 10. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will be presumed to have inspected the sites and to have read and become thoroughly familiar with the Contract Documents. The failure or omissions of any bidder to examine any form, instrument or document shall. in no way relieve any bidder from any obligation in respect to his bid. 11. SITE. CONDITIONS The contractor must, at his own risk, inspect the sites of the proposed work and assume all risk pertaining to the location of the site and possible adverse conditions. The Town does not make any representations as to the soil or subsurface conditions to be encountered. 12. INSPECTION All work shall be performed under the inspection and contract administration of the Town or its authorized agent-, who shall make the final decision pertaining to acceptance or rejection of the work. 13. CLEANUP The work sites shall be kept in a safe orderly condition at all times. Upon completion of the contract work, the contractor shall completely clean the site and leave it in condition for use by the Town. Any item located inside or outside the work areas, damaged or destroyed by the contractor shall be replaced in kind. 14. WEATHER CONDITIONS In the event of temporary suspension of the work, or during inclement i weather, or whenever the Highway Superintendent shall direct, the contractor will,, and will cause his subcontractors to protect carefully his and their work and -3- materials against damage or injury from the weather. If, in the opinion of the Superintendent of Highways, any work or materials shall have been damaged or injured by reason of the 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. -4- SPECIFICATIONS FOR REMOVAL AND REPLACEMENT OF SIDEWALKS AND CURBING REMOVE & REPLACE CONCRETE SIDEWALK 1. DESCRIPTION OF WORK Under this item, the contractor shall saw cut and remove existing side— walk and construct sidewalks where ordered by the Superintendent of Highways. 2. MATERIALS Concrete shall conform to all of the requirements specified for Item 105 In the table, "Composition of Concrete Items" and Section 7 of the Nest York State Department of Public Works, .January 2, 1962 Specifications, is amended. # 3. CONSTRUCTION DETAILS I The Contractor shall saw cut concrete sidewalk to establish a straight line where abutting new work to existing. The saw cut shall be to a depth sufficient to enable the sidewalk to be removed leaving a straight edge. Concrete sidewalk that is removed leaving a ragged edge, shall be recut and replaced at the contractor's I expense. Adjacent sidewalk to be left in place which is undermined, moved or damaged E P ast the saw cut Line duringthe excavation operation will be removed and replaced at the contractor's expense. i The concrete shall be worked and floated so as to produce a smooth and j uniform surface. The concrete shall be laid in one course with steel fabric rein— forcement conforming to the requirements of New York State Department of Public Works, Ttem 25 F embedded midway between the upper and lowest surfaces. Sidewalks shall be four inches (4") in depth and have transverse constructio joints to the full depth of the concrete spaced 12 feet apart and the edges of such joints finished with an ed;ing tool of 1/4 inch radius. The top surface shall be P scored at intervals of fo+ir feet (41) so that the finished walk will be marked in squares both longitudinally and transversely. CURING The specifications for Item 97 conforming to the requirements of the New York State Department of Public Works, January 2, 1962 specifications, as amended will apply for curing. 4. PROTECTION The contractor shall. protect the sidewalk and keep it in first class con- dition until the completion of the contract. Any portion of the sidewalk which is damaged or vandalized at any time previous to the final acceptance of the work shall be removed and replaced with satisfactory sidewalk at the Contractor's expense. 5. METHOD OF MEASUREMENT The unit price bid per square yard for this item shall include the cost of saw cutting and removing existing sidewalk, preparing the subgrade and of furnish- ing all equipment, materials and labor necessary to complete the work. Excavation for the placement of the sidewalk shall be included under this item. 6. BASIS OF PAYMENT Payment for concrete sidewalk restoration shall be for the number of square yards of concrete placed and shall include the cost of saw cutting and removing existing sidewalks, forming, subbase preparation, steel fabric reinforcement, expan- sion joint material, curing membrane, removing broken concrete from the site, and other necessary incidentals to complete the work. All sidewalks damaged by the weather, pedestrians, or vandalism shall be removed and replaced at the contractor's expense. -2- THIS AGREEMENT, made and entered into this day of , 1983, by and between the TOWN OF SOUTHOLD, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York, in the County of Suffolk (heri_inafter called the Town) , party of the first part, and (hereinafter called the Contractor) , party of the second part. WITNESSETH, that the parties to these presents, each in consideration of the agreement on the part of the other herein contained, have agreed and hereby agree, I the party of the first part for itself, its successors and assigns, and the party of the second part, for itself, himself, his heirs, executors, successors and assigns, as follows: 1 . The Contractor will,at the Contractor's own sole cost and expense, furnish all labor and services and all material for the removal and replacement of approxi- mately 600 square yards of broken and/o?- deteriorated sidewalk and curbing in various sites of the Town of Southold, as specified by the Highway Sisperintendent, and will construct , complete and finish the same in the most thorough, workmanlike and sub- stantial manner, and in every respect to the satisfaction and approval of the Town i in the manner and in strict accordance with the Notice to Bidders, General Conditions, Proposal, and Specifications which are hereby made a part of this contract, as fully i as if the same were repeated at length herein. 2. All work under this contract shall be done to the satisfaction of the Town, which shall. at all times have access to the work and which may order the dismissal of such workmen as it may deem incompetent or careless, or may require the Contractor to remove from the premises such materials or work as in the Town's opinion are not in accordance with the Specifications, substitute therefor, without delay, other work and materials, and the exnensr_ of doing so and of making good other work dis- turbed by the change, shall be borne by the Contractor. The Town shall also deter- mine the amount, quantity, acceptability and fitness of the several items of work and material which are to be paid for hereunder. The Town shall also determine whether the said Specifications have been fully complied with by the Contractor. The determination of the Town in all of such matters shall be final and binding upon the parties hereto. Such determination, in the event that any question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. 3. Should anything be omitted from the Specifications which is necessary for a clear understanding of the work, or should error appear either in the various instruments furnished or in the work done by other Lontractors affecting the work covered hereby, the Contractor shall and will promptly notify the Town, and in the event of the Contractor's failure so to do, he shall and will make good any damage to or defect in the work caused thereby. 4. The Contractor shall., at his own cost and expense, provide any and all manner of labor, material, apparatus, appliances, utensils, tools, machinery and whatever else m.+y be required of every description necessary to do and complete the work, and shall be solely answerable forthe same and for the safe, proper and lawful construction, maintenance and use thereof. The Contractor shall cover and protect the work from damage, and shall make good all injury to the same appearing before the completeion of the work provided for herein. 5. Neither the Town nor any of its officers, agents or employees shall in any manner be answerable or responsible for any loss or damage that shall or may happen to the said work or to any part or parts thereof, or to any materials, loading -2- i equipment or any proper,y that may be used or employed therein, or placed upon the ground during the process of the work, nor shall it be in any manner answerable or responsible for any injury dune or damage or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees ! I of the Contractor or otherwise, or for damages to any property, whether belonging j to the Town or to ethers, appearing during or resulting from the said work. Against all such injuries, damages and compensation, the Contractor shall and will properly a guard. The Contractor shall also, at all times, indemnify and save the Town and its officers, agents and employees harmless against all such injuries, damages and compensation arising or resulting from causes other than its negligence. 6. The Contractor agrees that it shall, pursuant to the Workmen's Compensation Law o.` the State of New York, secure the payment of compensation for the benefit of all employees who may be injured or suffer disability in the work contracted i to be performed under this contract, and for the benefit of the dependents of such i i employees. The Contractor shall continue to secure the payment of such compensation s during the ll.ff- of this contract. In the event of the failure of the Contractor to secure compensation to the employees and their dependents as aforesaid, or in the event of the failure to continue the securing of such compensation during the life of this contract, the contract shall be and become void and of no effect, and the Contractor shall forfeit to the Town all payments provided under this contract and the value of all work done and materials rendered hereunder. 7. The Contractor and each subcontractor or other person doing or contracting to do any work contemplated by this contract shall comply with all laws, ordinances and regulations in any manner affecting the work or performance of this contract, whether or not such laws, ordinances or regulations are mentioned herein and shall i -3- i indemnify and save harmless rhe Town and its officers, agents and employees against any claim or liability arising from or based upon the violation of any such law, i ordinance or regulation. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein and if through mistake or otherwise Bach provision is not inserted, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. Without in any manner limiting; the foregoing provisions hereof, attention is particu- larly directed to the applicable provisions of Article 8 of the Labor Law (wages, hours, statements showing amounts due for wages, discrimination, preference in employ- ment, minimum rate of wages, etc.) , and Article 5r-A of the General Municipal Law (Public Contracts) , which said provisions of law are incorporated herein by reference. Prevailing wage rates are attached hereto and form a part hereof. 8. The Contractor shall secure and take out at his own expense all necessary certificates, authorizations and permits from the municipality or other public author- ities required in connection with the work contemplated by this contract or any part thereof, and shall give all. notices required by law, ordinance or regulation. He shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this cvntract. 9. The Contractor in entering into this agreement, understands that the Town reserves the right to modify the same with respect to the arrangement, character, alignment or nature of the work or of appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modification when ordered in writing by the Town, and the same shall not vitiate or void this contract. Any such modification so made shall not, however, subject -4- the Contractor to increased expenses without equitable compensation, which shall be determined by the Town. If such modifications or any part thereof, result in a decrease in the cost of work involved, an equitable deduction from the contract price, to be determined by the Town, shall be made. The Town's determination of any such additional compensation or of any such deduction shall be based upon the bids submitted and accepted. In any event, no modification of the work described in the Specifications shall be made, unless the nature and expense thereof have first been certified by the Town in writing and sent to the Contractor. 10. Neither the Town nor any of its officers, agents or employees, nor any order for the payment of money, nor any payment for, or acceptance of the whole or any part of the work by the Town, nor any extension of time, nor any possession taken by the Town, its officers, agents or employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Town, or any right to damages herein provided; nor shall any waiver of any other provision of this contract be deemed to be a waiver of any other or subsequent breach. Any remedy provided L, this contract shall be taken and construed as in addition to each and every other remedy herein provided; and in addition to all other suits, actions or legal proceedings, the Town shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of this contract. 11 . In case of unnecessary or inexcusable delay in the general conduct of the work or in the event of an actual or practical abandonment of the work, the Town will notify the Contractor or his bondsman in writing to that effect. If the Contractor or his bondsman shall not within six (6) consecutive days thereafter take such measures as will, in the judgment of the Town, insure a satisfactory com- pletion of the work in the time specified, the Town may then notify the aforesaid I I contractor and his bondsman to discontinue all work under this contract, and it � is hereby "greed that the Contractor and his bondsman shall immediately respect such notice and stop work, and cease to have any right to possession of the premises whereon said work is being performed. The Town shall thereupon have the power and authority to cancel the contract, and to relet the work or any part thereof or to employ such persons and equipment as it may deem advisable by contract or otherwise, to complete the work herein described, and to use such material as it may find upon the premises, and to procure other materials for the completion of said work. A11 expenses of such completion of the work, including the additional payments to be made to the persons completing the same, and any other claims arising under this contract, shall be deducted and paid by the Town out of such moneys as may then be due the said Contractor or which may thereafter become dui: under and by virtue of this agreement or any part thereof. In case such expense is less than the sum which would have been payable for such work under this contract if the same had f been fully completed by the Contractor, he shall be entitled to receive the difference; in case such expense is greater, the Contractor shall pay the amount of such excess so due. 12. Each and every employee of the Contractor, and each and every subcontractor engaged in said work, shall, for all purposes, be deemed and taken to be the exclusive ' servants of the Contractor and not for any purpose in any manner in the employment of. the Town. The Contractor shall in no manner be relieved from responsibil—y or liability on account of any delay in the execution of the said work, or of any part thereof, by the acts or omissions of any such employee, or any subcontractor,. or any materialmen whatsoever. 13. The Town shall pay, and the Contractor shall receive, the prices stipulated in the proposal hereunto annexed, as full compensation for everything furnished -6- and done by the Contractor under this contract. Such payment shall be made by the Town as follows: (a) On not later than the fifth day of every month the Contractor shall submit a requisition covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Town. (b) Not later than the fifteenth day of each calendar month after the date of notice to proceed with work at the site, the Town will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Town will retain five percent (57.) ,;f the amount of each I such estimate until final completion and acceptance of all work covered by this contract. (c) No partial payment will be made for any materials or equipment until_ they are incorporated in the work except that fifty percent (50%) of the estimated value may be allowed for manufactured materials delivered at the construction site and properly stored and protected, provided, however, that the Contractor if so requested by the Town shall furnish written evidence that he is the unconditional owner of such manufactured materials. (d) All work covered by partial payments made shall thereupon become the sole property of the Town, but this provision shall. not be construed as relieving the Contractor from the sole responsibility for the care and portection of work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require the -7- fulfillment of all of the terms of the contract. (e) Before any payments will be made under this contract, the Town reserves the right to require that the Contractor and all subcon- tractors shall submit written verified statements, in satisfactory form, certifying in detail to the amounts then due and unpaid by such Contractor and subcontractor to all laborers for daily or weekly wages on account of I labor performed upon the work under this contract, or to other persons for materials, equipment and supplies delivered at the site of the work. The term "Labor" as used herein shall include workmen and mechanics. (f) Upon completion of the project, the Town Engineer shall make a final inspection for approval of all the work done under this contract and shall., within fifteen days after the acceptance of the work by the Engineer and the Town, prepare a final certificate of the work done and the value thereof. The Town shall upon approval of the final certificate, promptly pay the d 1 Contractor the entire sum so found due thereunder after deducting all pre- vious payments and all percentages and amounts to be kept and retained under the provisions of this contract. All prior partial payments shall be subject to correction in the final estimate and payment. (g) Before issuance of final certificate, the Contractor shall submit evidence satisfactory to the Town and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. 14. The Contractor, during the term of this contract, shall provide owner's protective liability and contractor's public liability and property damage insurance to be written by an insurance company authorized to do business in the State of New York and approved by the Town, such policies to be in amounts of not less than _g_ $100,000,000 with respect to claims arising out of any one accident resulting in bodily injury to or death of any one person, and in amounts of not less than $1,000,00(' with respect to claims arising out of any one accident resulting in bodily injury to or death of store than one person, and in an amount of not less than $100,000 against claims arising out of any one accident resulting in property damage, all protecting the Twm and the Contractor against injuries or damage to persons or property caused by or resulting from the execution of the work or in consequence of any improper waterials, implements, equipment or labor used therein, or due to any act, mission or neglect of the Contractor or his agents and employees or subcontractors. Certificates of such insurance shall be filed with the Town Clerk. 15. The Contractor shall not assign, transfer, convey, sublet or otherwise dis- pose of this contract, or of his right, title or interest therein, or his power to execute the same, to any other person or corporation without the previous consent in writing of the Town. In the event that the Contractor shall violate the provisions of this paragraph, the Town shall revoke and annul the contract and the Town shall be relieved and discharged from any and all liability and obligations growing out of such contract to such Contractor, and to the person, or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise dis- paced of, and such Contractor, and his assignees, transferees or sublessees shall. forfeit and lose al-1 moneys, therefor earned under this contract, except so much as may be required to be paid to his imployees. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto, and these presents to be signed by the Supervisor of the Town of Southold and the Contractor has hereunto set his hand and seal the day and year first above written. TOWN OF SOUTHOLD BY William R. Pell III, Supervisor i I r +� STS_``L OF NEW YORK) GOUNTY OF SUFFOLK) On tris day of: ^_ 1983, before me personally came WILLIAM R. PEL:i III, to be personally known, who, being by me duly sworn, did dispose and day that lie resides at 530 Anglers Road, Greenport, New York; that' he is the Super- visor of the TOWN OF SOUTHOLD, the m:inicipal corporation described in and which executed the above instrument; that lie knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it waa so affixed by order of ,.he Southold Town Board, and that he signed his name thereto by like I authority. i Notary Public STATF. OF NEW YORK) ss, : COUNTY OF SUFFOLK) (Acknowledgement for Individual Contractor) On this day of1983, before me personally casae to me known and known to me to be the individual described in and who executed the above instrument, and he acknowledged that he executed the saz.,e. i Notary Public I li I _10- STATE OF NEW YOR.K? as. : (Acknowledgement for Corporate Contractor) COUNTY OF SUFFOLK) On this day of 1983, before me personally came to me personally known, who, being by me duly sworn, did depose and say that he resides at that he is the of the corporation described in and which executed the above instrument; that he knows the seal of said corporatio that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public -11- .State of Now York Bureau of Public Work Department of Labor �A, State Office Building Campus n Albany,N.Y. 12240 1 CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission is a party and which may involve the employment of laborers, workmen or mechanics, shall comply with the requirements of Article 8(Sections 220-223)of the New York State Labor Law: I. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation Is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor of subcontractor shall be paid not les than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the contract is let, each workman, laborer or mechanic shall be paid or provided not less than the new rates, (Sec Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current prevailing wage rates and supplements for the various classes of mechanics,workmen or laborers. (See Section 220.3•x) 4. No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Lhpartment of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3) 5. (a) No contractor,subcontractor,nor any person acting or, his behalf,shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and availableto perform the work to which the employment relates. (See Section 220-e!a) ) (b) No contractor, subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race,creed,color,disability, sex or national origin. (See Section 220-e (b) ) NOTE: The Human (tights Law also prohibits discrimination in employment because of age,marital status or religion. (c) Thee may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract. (See Section 2204 (c) ) (d) The contract may he cancelled or terminated by the State or municipaliiy,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e(d) ) PW-3(9.92) PREVAILING RATE SCHEDULE State of Now York Case Number Bureau of Department of Labor PYbiIC Work 8302097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prev- SUPPLEMENTAL BENEEIT PAYMENTS al 11 ng OCCUPATIONS wage health basic and Pon- suppi. other supplements hourly Welfare slon unemp. rate CA) (8) CC) (0) through (M) E;TOS YORKER Asbestos Worker 15. 640 1. 140 1, 410 ------------------------------ Insulator 15. 640 1. 140 1. 410 I-2. 15. 0-1 58, BOILERMAKER Boilermaker 17. 120 850 1. 710 I-2. 57, H-. 04. 0-1. 20, ARPEN7ER CarpenterCBl dg. ) 16. 150 1. 870 2. 130 i-. 50, H-. 04, G-. 90. Floor Coverer 14. 900 1. 8SO 1. 330 Carpet Layer 15. 980 1. 970 1. 480 Dry-wa I 1 Applicator 11. 650 1. 530 2. 030 Mi 1 1 wr i ght ifs. 450 1. 970 1. 480 I-1. 2S.H-. 07.D-. 03. ------------------------------ Carpenter CHvy/Hwy) 13. 450 1. 530 2. 030 PI l edr i ver 15. 950 1. 970 1. 480 Dockbui lder 14. 860 1. 850 1. 330 T i aborman 13. 790 2. 850 2. 330 Helper 13. 320 1. 970 1. 480 MARINE DIVER Marine DI ver 19. 290 1. 970 1. 480 . 035 Tender 15. 090 1. 970 1. 490 . 035 KILLER Core Dri 1 ler 11. 306 1. 000 . 740 G-. 191 1. Helper 9. 44S 1. 000 . 740 Gas/Oil Well Driller -------- ----------------- -- Helper/Tool Dresser ------------------------------ Weil DrillorCWater) 13. 100 1. 179 2. 250 Helper 11. 100 . 999 2. 2SO Pump Installer 3. 500 . 460 . 000 ELECfRRICIAN - - Electrlclen 17. 200 1. 1654 1. 118 . 250 G-1. 634, ------------------------------ Mai ntenance 13. 800 1. 104 . 621 I-l. 104, H-. 086, J- 41 Applicable on traffic signals and street lighting only. ------------------------------ Sovnd/Audi o-Insta I I /Repair 17. 000 1. 060 1. 060 G-1. 445, -----------------------------.. Telephone-InstoII /Repair 14. 000 2. 016 2. 296 J-. 224. F-. 14. G-1. 184 ELEVATOR E l eoator(Construct l on) 14. 990 1. 34S . 950 I-1. 14, F-. 035. 1. Helper 11. 240 1. 34S . 950 I-1. 14, F-. 035. ElevatorCModernl zat1 on) 14. 400 1. 345 1. 085 I-1. OO,F-. 035, Helper 10. 800 1. 345 1. 085 GLAZIER Glazier 15. 250 . 660 . 710 I-2. OO. H-. O1. G-. 92. IRONWORKER Structure I 14. 400 1. 860 2. 800 I-3. 85. H-. 11. G-2. 00. Ornamental 15, 120 1. 210 1. 550 I-2. 00. H-. 10. G-1. 00, Rigger 15. 730 1. 230 1. 770 I-2. 00, H-. 10. G-2. 00. Chain Link Fence 15. 430 1. 300 1. 850 I-2. SD.H-. 15, G•l. 00. OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY /_HJQHWAY CONSTRUCTION SCHEDULES Page 1 SURVEY 8 - 8 PREVAILING RATE SCHEDULE S+atv of New York Case Numbor Bureau of ' Department of Labor Public Mork 8302097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- §WPPLEMENTAL BENLFIT PAYME-NTS ailing OCCUPATIONS wage health basic and Pon- suppl . other supplements hourly welfare tion unoMP. rate (A) (e) CC) (D) through CM) Cwud-F F R (BUILDING) Bas I C 11. 740 1. 530 1. 530 M-. 10, G-1. 00. Mason Tender 11. 740 1. 530 1. 530 M-. 10. 15-1. 00. Pipolayer 12. 950 1. 760 1. 200 . 500 Concrete 12. 740 2. 050 1. 530 M-. 10. G-1. 00. Power. Ai r Tool 12. 3160 1. 320 1. 790 I-. SC, G-2. 00, Asphalt Raker 10. 990 . 989 3 . 428 1011-. 109.6-. 75, Asphalt Tamper 10. 760 . 968 1. 39a M-. 10T.G-. TS. Blaster 14. 440 1. 320 1. 790 Z-. S0.G-2. 00, Demolitlon 10. 900 1. 2S0 1. 700 F-. 03,15-1 00, ------------------------------ (HEAVY/1`{1GHWAV) Bas I c 9. 750 975 1. 267 M-. 10.G-. 75, Flagman 12. 950 1. 760 1. 200 . 500 I-1. 15, Pi pe l oyer 9. 75D . 975 1. 267 M-. 30, G-. 75. Powor. Ai r Tool 10. 850 1. 000 1. 450 I-. 50. G-- 50, Concrete 10. 300 . 927 1. 339 M-. 103. 6-. 75. Wagon Dr i 1 I 11. 560 1. 110 1. 110 G-. 82. Asphalt Raker 10. 4D0 1. 040 1. 352 M-. l0. G-. 75. Asphalt Tamper 10. 160 1. 016 1. 320 M-. 10. G-. 75. Formsottur 10. 990 . 989 1. 42a M-. 109. G-. 75. Blaster 9. 750 . 976 1. 2157 M-. ID. G-. 75. LAT1'ILR Lather (wood. Wire) 17. '2.80 1. 325 . 986 I-1. 60. H-. O1. D-. 02. G- 75 Ro i n f o r c I ng 15. 720 1. 32S . 985 G-. 751 MASON lar I ck i nyor 15. 220 1. 780 2. 300 I-2. O5.H-. 04. Cement Finisher (Bldg. ) 16, 520 1. 990 2. 350 H-. O1, G-1. D0, Plasterer 13. 450 2. 450 . 000 Tuck Pointer 14. 000 1. 500 1. 900 I-1. OO, H-. 07.15-1. 35. Mosaic/Terrazzo Wkr 15. 090 1. 170 1. 500 . 450 G-1. 00, Terrazzo Helper 14. 550 1. 17n 1. 500 . 450 G-1. 00, TI lesottor 3.3. 800 1. 600 1. 350 G-1. 085. TI lesettor Helper 10. 960 1. 305 1. 020 Derri ckman 15. 230 1. 230 1. 510 Cement FI ni ni sher(H/H) 13. 500 1. 940 2. 270 PAINTER Brush 13. 990 3. 240 1. 000 H-. 23, G-. 60, Structural Stool 15. 280 1. 680 . 990 Spray 15. 500 3. 240 1. 000 H-. 23. G-. 60. Bridge 15. 280 1. 680 . 990 2-1. 53. H-. 075, G-. 46. Sandb l astor 15. 280 1. 680 . 990 I-1. 53, H-. 075. G-. 46. Paperhanger 1S. 280 1. 330 1. 330 Drywall Taper 13. 990 3 2401 000 H-. 23. 0-. 60. ------------------------------ Striping Mach. Oper (H/H) 10. 900 . 760 . 740 LI norman (H/H) 10, 900 . 760 . 740 PLUMBER P 1 umber 14. 600 1. 050 2. 300 I 571, H-. 3T,G-1. 30, R'OOFFR Roofer 12. 740 1. 610 1. 560 I-1. 18. H-. 03.G-2. 00, SH ETMETALIWORKER Shootmeta l Worker 16. 206 1. 764 1. 828 . 87,J•1. 288, D-. 08 250 H-. 1 G-. 25, ------------------------------ Sign Erector (H/H) 12. 950 . 910 1. 230 OCCUPATIONS APPLICABLE TO BUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEOULE8 Pogo 2 SURVEY 8 - B • r PREVAILING RATE. SCHEDULE State of Now York �Caso �1ur�or Bureau, of Dopartr401, of Labor Publ l n Work SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- 6UPPLEMF�n(T�1L Bkj�E�2T PAYM5.NT8 a111ng OCCUPATIONS wago health basic and Pon- suppl , Other supplerepis huurly welfare •Ion VheaP. rate (A) (a) CC) CO) -through CM) PRINKLk VI ITER �- Spr I nk 1 er F i ttor 17 320 1. 000 1. 180 F-. 07, K-9. 50. G-1. 00. T A MP"I`-ff R ----- I------_ -- 5teamill tter 17. 320 1. 000 1. 180 b-. 07.K-2. 50. G-1. 00. URVFYING SURVEY CREW (Highway A heavy only) Party Chief 12. 430 . 900 . 700 I-2. 00. H-. 05. G-. 70. Ina truront Man 10, 390 . 900 . 700 I-Z. 00. H-. 05, G-. 70. Rodwen/Chnl nman S. 000 . 900 . 700 I-2. 00. H-. OS. G-. 70. Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or of tor July 2. 19713 TEamsrFR Excavation 10. 525 1. 612 2. 832 X-1. 00, Euclid Other 10. 1125 1. 612 2. 852 X-1. 00. TRC_C TRIMMING "Tree-Trl mmer 12. 030 . 000 . 000 Grovhdman. Dri ver 9. 300 . 000 . 000 --1-- - - Waterproofer 14. 520 1. 860 T.. 500 I-1 50, J-l. 54. R-. 0.►. Tuck Pointer 24. 520 1. 260 2, 600 I-1. 50. J-1. 5`►. F-. 08. Sandbiastor(Mason) 15. 770 2. 250 2. S01 6teamcleanercMason) 15. 120 1. 250 2. 500 I-1 50. J-1. 54, E-. 08. WELDER -- Wilder 13. 900 1. 860 2. 550 I-J. 35, H-. II, 0-2. 00. 6PERATOk5 OF F OWF'I< t Ol1.TPMFN -- - - POWER FOUIP. OPER (BLDG) Back hoe 14. 855 1. 426 2. 500 :1)0 H 25. M-. 15, G-1. 00. Bulldozer 15. 055 1. 444 2 750 Compressor 14- 155 2. 3113 2. 500 . 200 Crone 34. A05 1. 432 2. 500 200 FI re,nnn 1.1. 550 . 800 . 900 I-2. OD. H-. 10. G-. 70. Fork I I f t 14. 780 1. 42D 2. 500 200 H-. 25. M-. 15. G-1. 00. Front End Loader 14. 95D 1. 435 1. 750 . 200 H-. 25. M-. 15, G-1. 00, Grader 13. 820 . 300 . 800 I-2 00. H-. 10. G-. 70, Hol s t Opr. 15. 480 1. 483 2. 750 200 H 25, M-. IS, G-1. 00, Mixer (All ) 13. 560 . 800 800 I-2 OI 1 or 13. 055 1. 270 2. 500 200 H-. 25, M-. 15, G-1. DO, P 1 I odr i ver 14. 090 1. 200 1. 050 I-2. 25. H-. 10. G-. 75. Pump 15. 40S 1. 476 2. 750 200 Roller 16- 260 . 980 1. 630 1. ':UO H-. 37. Scraper A Pan 13. 920 . 800 . 800 Shovel 14, 1320 1. 200 1- 050 I-2. 25. H-. 10, G-. 7S. Tractor 14 305 1. 377 2. 750 . 200 Trenching Machine 14. 370 1. 200 1. 050 -------- ---------------- ----- -- CONTINUED OCCUPATIONS APPLICABLE TO j't3Il PING PND HEAVY / MIG►_tWAY CON'>TRUCTI-QN SCHEDULES Page 3 SURVEY a - B • r PREVAILING RATE SCHEDULE State of New York es• YN ber Bureau of 'Department of Labor Pub110. Work SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- SUPPLEMENTAL BENEFIT PAYMENTS a 1 1 1 ng OCCUPATIONS wage health basic and pan- suppl. other supplements hourly welfare Sion unemp. rate CA) (a) CC) (D) through (M) CONTINUED ------------------------------ POWER FOUIP. OPER. (HVY/HWAY) Asphalt Spreader 14. 580 1. 402 2. 500 . 200 H-. 25.M-. 15,1;-1. DO. Beck hoe 14- 950 1. 436 2. 500 . 200 H-. 25, M-. 15,D-. 24, Be 1 t, L oader 13. 820 800 800 I-2. 00, H-. 10, G-. 70, Bulldozer 13. 770 1. 329 2. 500 . 200 Compressor- 15. 205 1. 458 2. 750 . 200 H-. 2S. M-. 15, G-1. 00, Concrete Pump 13. 990 4. a00 1. 050 I-2. 2S.H-. 10.9;-. 75. Concrete Breaker 13- 330 1. 299 2. 750 . 200 Crane 14. Sao 1. 40a 2. S00 . 200 H-. 25,N-. 15, G-l. 00, Dreg 1 i ne 14- 1110 1. 200 1. OSO FI nl she ng Machine 13, 550 . 800 . 800 Fireman 13. SS0 . 800 . 800 Front End Loader 14. 30S 1. 377 2. 500 . 200 H-. 25, M-. 1S,G-1. 00. Grade-AI l Oper. 16. 000 . 960 1. 520 1. 200 H-. 36, Grader 13. 985 1. 348 2. $00 . 200 H-. 2S,M-. 15,G-1. 00. Mechanic-Const, Equip. 13. 710 1. 3.79 2. 900 . 200 H-. 2S,N-. 1S.G-1. 00, Mai nt. - Groasemon 15. 055 1. 444 2. 750 . 200 H-. 25. N-. 15, G-1. 00, OI I or 12, 370 1. R03 2. 500 . 200 H-. 2S, N-. 15. G-1. D0, P 1 I edr i ver 14. 090 1. 2011 1. 050 I-2. 25.H-. 10. G-. 75, Post Driver (Guard Rail ) 15. 040 . 900 1. 420 1. 200 H-. 33. Pump 13. 770 1. 329 2. 500 . 200 H-. 25, M-. 15, G-1. 00. Ridge Cutter (Pavement Saw) 24. 820 1. 200 2. 050 I-2. 25.H-. 10. G-. 75- Rol I er 14. 120 1. 364) 2. S00 . 200 H-. 2S, M-. 15. G-1. 00- Scraper & Pan 24. 420 1. 396 2. 750 . 200 H-. 25, M-. 1S, G-l. 00, Shovel 14. 820 1. 200 1. 050 I-2. 25. H-. 10,G-. 75. Tractor 12. 155 1. 183 2. 500 . 200 H-. 35, M-. 15.G-1. 00. Trenching Machl ne 14. 370 1. 200 1. 060 I-2. 2b, H-. 10. G-. 75, APPRENTICE RATES: Apprentice Rates are NOT provided In this schedule. ART. 8, Sec. 220. 3-e : -APprohtiCos will be permitted to work as such only When they are registered, Individually, under a bone fide program registered with the Now York StateDepartment of Labor. The allowable ratio of apprentices to ,journeymen In any craft Classification shall not be greater than the ratio permitted to the contractor as to his work force on any ,lob under the registered program. Any employee listed on a payroll at an apprentice wage rate, who Is not registered as above, shell be paid the wage rata deterrined by the New York State Department of Labor for the classification of work he actually performed. The contractor or sub-contractor will be required to furnish written evidence of the registration of his program end apprentices as well as the appropriate ratios and wage rates. for the area of construction prior to using any apprentices on the contract work. OCCUPATIONS APPLICA13LE TO ]UILDING tND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 4 SURVEY s - B PROPOSAL 1`0 THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR SIDEWALK AND CURBING REMOVAL AND REPLACEMENT The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required for the removal and replacement of sidewalks and curbing at various sites in the "Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specific:.tions and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes to remove approximately 600 square yards of sidewalk and curbing and replace the same at various sites in the Town of Southold selected by the Superintendent of Highways at a price per square yard of Forty seven Dollars and Thirty Four Cen_-.s ($ 47 , 34 ) ''s. The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal. and to begin the work within twenty (20) days after notification to proceed and to continue said work uninterupted until completed. The undersigned further agrees that within five (5) days from the date of accept-- f t ante of this proposal, he will furnish suitable surety to be approved by the Southold Town Board on an indemnifying bond for the faithful and prompt performance and com- pletion of the work specified in such contract, and a labor and material bond, in Lhe amount of Seven Thousand ($7,000.00) Dollars. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be per- formed, the certified check in the amount of $500.00 which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been indepenuently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties beicig applicable to the bidder as well as to the person signing in is behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder ', ON- CONCRETE CORP. ��— COX LANL P.O. BOX 932 CUTCHOGUE, NEW YORK 11935 Business Address of Bidder -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT Sound Concrete Corp. Name of Corporation be authorized to sign and submit the bid or proposal of this corporation for the following project: Sidewalk and Curbing removal and replacement at the various sites in the Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any in- accuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by Sound Concrete corporation at a meeting of its Board of Directors held on the 25 day of May 1983. /. .� Secretary (Seal of the Corporation) NOTICE TO BIDDERS NOVICE IS HEREBY GIVEN that sealed proposals are sought and requested by the Town Board of the Town of STATE OF NEW YORK ► Southold,Suffolk County,New ► SS: York, for Sidewalk and Curbing removal and COUNTY OF SUFFOLK 1 replacement at various sites in the Town of Southold, Joan 'vl. Gu t aV So n Suffolk County,New York. of Greenport, in The sealed proposals will be received by the Southold Town said County, being duly sworn, says that he/she is Superintendent of Highways Principal Clerk of THE SUFFOLK TIMES, a Weekly _ at his office at Peconic Lane, Peconic, New York, until 9:30 Newspaper, published at Greenport, in the Town and will, m A.M. (Drevailint;time on May my and all proposals of Southold, County of Suffolk and State of New from the 26, 1983, at which time and vaive any and all acceptanc place they will be publicly .ty in any proposal York, and that the Notice of which the annexed is furnish the opened and read aloud. ie deemed in the best All depo Specifications, a proposed of the Town of a printed copy, has been regularly published in the succes contract for the execution of said Newspaper once each week for one returnedthe work and forms of osals must be signed t�A a 'n Upon ac( proposals can be examined dosed in sealed weeks successively, commencing on the 1 , if the ucce and obtained from the s plainly marked day of Day 19 83 enter into Superintendent of Highways • Sidewalks" and to the re c at his office at Peconic Lane, d to the Southold Town or Peconic,New York. uperintendent of required s Proposals must be upon and s, Peconic Lane, HELEN K. DE VOE prescribes in accordance with the form of Jew York. NOTARY PUBLIC.State of New York check dei proposal prepared by said )ril 19,1983 No.4707878, Suttolk CountX� 61 Principal Clerk proposal Town, which proposals shall Raymond C.Dean Term Expires March 30, 19c� standing t be made and will be received SOUTHOLD TOWN same,shal upon the following conditions: ERINTENDENT OF Sworn to before me this1 °t h Town of So Each proposal must be HIGHWAYS The Tow accompanied by the deposit of 158 day of May 19-23 of Southolc a certified check made payable to the order of the Town of Southold in an amount of Five Hundred ($500.00) Dollars,conditioned that if the proposal is accepted, the successful bidder will enter into a contract for the work ' ILII o�z�-zi�inls— XtiX'Io NMOL MOHIMS A111da L•s HII(Inf zasi`01 AL'W:aasVa •31aoA MaN `ploglnoS `peog 111M `IIBH uMoy `plotpnoS io umoy `31,010 umoy am 01 passaspp8 ,Sluleld pue `„simns luiod s,uolaoH uo plg„ `p931aetu Sluield sadolanua ul paieas pue pau2is aq Isntu splg -os op of umos 9q1 jo lsasalul lsaq aql ul patuaap si IT Ii spiq Ile pue Sue 138(9.Jof Ig$ia aril sanaasaa ploglnoS Io umos aqy •Idtuaxa sl ploglnoS io umoy aql g31gM tuoai `saxel Aug apnlaui of lou We sa0lad pig • M311 31aoA Marl `ploglnoS `peog ui W `11811 umos `ploglnoS id umoy 131aa1D umoy aql tuoai paulelgo aq setu laafoad aql aoi suopeai3laadS •31aoA MON `ploglnos `peog 9snog1g5!,J io snuituaal Aliatllaou aUI le `lutod s,uolaoH l l 1-1/7 and will, within five (5) days to reject any and all proposals from the date of the and to waive any and all acceptance of the proposal informality in any proposal furnish the required security. should it be deemed in the best All deposits except that of interest of the Town of the successful bidder will be Southold. returned. All proposals must be signed Upon acceptance of his bid, and enclosed in sealed if the successful bidder fails to envelopes plainly marked enter into a contract pursuant "Bid for Sidewalks” and to the requirements of the addressed to the Southold Town, or fails to give the Town Superintendent of required security within the Highways, Peconic Lane, prescribed time, then the Peconic,New York. Nq check deposited with the Dated:April 19,1983 proposal and the moneys Raymond C.Dean 1 standing to the credit of the SOUTHOLD TOWN same, shall be forfeited to the SUPERINTENDENT OF Town of Southold. HIGHWAYS The Town Board of the Town 1TMy19-4258 of Southold reserves the right _ I NOTICE TO BIDDERS .NOTICE IS HEREBY GIV- EN that sealed proposals are COUNTY OF SUFFOLK sought and requested by the � STATE OF NEW YORK ss: Town` Board of the Town of Southold,Suffolk County,New York,for Sidewalk and curbing removal'and replacement at various sites in the Town of Patricia Wood, being duly sworn, says that she is the Southold,Suffolk County,New York. MEditor, of THE LONG ISLAND TRAVELER-WATCHMAN, j The sealed proposals will be a public newspaper printed at Southold, in Suffolk County; received by the Southold Town Superintendent of Highways and that the notice of which the annexed is a printed copy, at his office at Peconic Lane, Peconic, New York, until 9:30 has been published in said Long Island Traveler-Watch- a.m. (prevailing time on May man once each week for .....................I..................weeks 26, 1983, at which time and ,- place they will be publicly successively, commencing on the ................................... opened and read aloud. Speci- fications, a proposed contract day 19.... .. for the execution of the work and forms of proposals can be ®--z examined and obtained from the Superintendent of High- ways at his office at Peconic Lane, Peconic, New York. Proposals must be upon and P P in accordance with the form of G !. proposal prepared by said Sworn to before me this ........ day of Town, which proposals shall jbe made and will be received ............... " .................... 19... r j upon the following conditions: Each proposal must be accompanied by the deposit of a certififed check made pay- able to the order of the Town of Southold in an amount of """"""""""' ' ' ' five hundred($500.00)dollars, Notary Public conditioned that if the propos- al is accepted, the successful bidder will enter into a y contract for the work and will, within five (5) days from the " " ` Gw ' date of the acceptance of the proposal furnish the required security. j All deposits except that of the successful bidder will be returned. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, or fails to give the required security within the prescribed time, then the check deposited with the pro- posal and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold. Tl a Town Board of the Town of Southold reserves the right to reject any and all proposals and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of Southold. All proposals must be sign- ed and enclosed in sealed envelopes plainly marked "Bid for Sidewalks" and ad- dressed to the Southold Town Superintendent of Highways, Peconic Lane, Peconic, New York. Dated: April 19, 1983 Raymond C.Dean SOUTHOLD TOWN SUPERINTENDENT OF HIGHWAYS 1T-5/19/83(5) • t PROPOSAL TO THE SUPERINTENDENT OF HIGHWAYS OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR SIDEWALK AND CURBING REMOVAL AND REPLACEMENT The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Form of Contract", the "Specifications", and this form of proposal, and that he hereby proposes to furnish all the materials, implements and incidentals and to furnish labor and do all the work required for the removal and replacement of sidewalks and curbing at various sites in the Town of Southold, New York, in accordance with the price named in this proposal at his own proper cost and expense, all in accordance with the specifications and Notice to Bidders, all of which are a part of the contract hereunto annexed, to such an extent as they relate so to govern the obligations herein proposed to be assumed, to wit: The undersigned proposes to remove approximately 600 square yards of sidewalk and curbing and replace the same at various sites in the Town of Southold selected by the Superintendent of Highways at a price per square yard of ($ ) Dollars. The undersigned hereby agrees to enter into a contract, in the form hereunto annexed, within five (5) days from the date of acceptance of this proposal and to begin the work within twenty (20) days after notification to proceed and to continue said work uninterupted until completed. E The undersigned further agrees that within five (5) days from the date of accept- ance of this proposal, he will furnish suitable surety to be approved by the Southold i Town Board on an indemnifying bond for the faithful and prompt performance and com- pletion of the work specified in such contract, and a labor and material bond, in • 0 the amount of Seven Thousand ($7,000.00) Dollars. In lieu of such surety bonds, the undersigned may deposit with the Town a certified check in said amount. In default of the performance of any of these conditions on my part to be per- formed, the certified check in the amount of $500.00 which is herewith deposited with the Town, the same to be paid to the Town of Southold for the benefit of said Town; otherwise, the certified check deposited herewith will be returned to the undersigned. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or. proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: Signature of Bidder Business Address of Bidder -2- CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFI- CATION IN BEHALF OF CORPORATE BIDDER RESOLVED THAT Name of Corporation be authorized to sign and submit the bid or proposal of this corporation for the following project: Sidewalk and Curbing removal and replacement at the various sites in the Town of Southold, Suffolk County, New York, and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Iaaw as the act and deed of such corporation, and for any in- accuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by corporation at a meeting of its Board of Directors held on the day of 1983. Secretary (Seal of the Corporation) NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed proposals are sought and requested by the Town Board of the Town of Southold, Suffolk County, New York, for Sidewalk and Curbing removal and replacement at various sites in the Town of Southold, Suffolk County, New York. The sealed proposals will be received by the Southold Town Superintendent of Highways at his office at Peconic Lane, Peconic, New York, until — 9 : 30 A. M. (prevailing time on May 26 , 1983, at which time and place they will be publicly opened and read aloud. Specifications, a proposed contract for the execution of the work and forms of proposals can be examined and obtained from the Superintendent of Highways at his office at Peconic Lane, Peconic, New York. Proposals must be upon and in accordance with the form of proposal prepared by said Town, which proposals shall be made and will be received upon the following conditions: Each proposal must be accompanied by the deposit of a certified check made payable to the order of the Town of Southold in an amount of Five Hundred ($500.00) Dollars, conditioned that if the proposal is accepted, the successful bidder will enter into a contract for the work and will, within five (5) days from the date of the acceptance of the proposal furnish the required security. All deposits except that of the successful bidder will be returned. Upon acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, or fails to give the required security within the prescribed time, then the check deposited with the proposal and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold. The Town Board of the Town of Southold reserves the right to reject any and all proposals and to waive any and all informality in any proposal should it be deemed in the best interest of the Town of Southold. All proposals must be signed and enclosed in sealed envelopes plainly marked "Bid for Sidewalks" and addressed to the Southold Town Superintendent of Highways, Peconic Lane, Peconic, New York. Dated: April 19 , 1983 Raymond C. Dean SOUTHOLD TOWN SUPERINTENDENT OF HIGHWAYS PLEASE PUBLISH ONCE, MAY 5 , 1983 , AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO RAYMOND C. DEAN, SUPERINTENDENT OF HIGHWAYS, TOWN OF SOUTHOLD, PECONIC LANE, PECONIC, NEW YORK 11958 Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Clerk -2- GENERAL CONDITIONS AND SPECIFICATIONS 1. SCOPE OF WORK The work required under these specifications includes the supplying of all labor, materials, equipment and services necessary for the removal and replacement of broken and deteriorated sidewalks and curbing at various locations in the Town of Southold, New York in accordance with the specifications set forth herein; and the restoration of the sites to the grade specified by the Superintendent of Highways, including such filling, compacting, grading and leveling as shall be directed by the Superintendent of Highways. It is the intention of these specifications that i 4 all work and materials of every nature whatsoever, is to be performed and supplied s by the contractor at the contractor's sole cost and expet>se, including the removal and disposal of all excess materials and debris resulting from construction operations. It is estimated that the work will involve approxima,:-ely 600 square yards of sidewalks and/or curbing. 2. ORAL AGREEMENTS f Oral orders, claims or instructions by any party shall not change the terms or modifications in the Contract Documents and none of the Contract Documents i shall be deemed waived or modified by reason of any oral agreement. 3. PROTECTION OF LIFE AND PROPERTY The contractor shall keep the sites in a safe condition with adequate barricades and warning .lights to prevent injury to the public. 4. GUARANTEE All workmanship and materials shall be gi.xaranteed by the contractor to the Town for a period of one (1) year from the date of final acceptance of the work by the Town. I 5. ENUMERATION OF CONTRACT DOCUMENTS The following are the Contract Documents: Proposal, Notice to Bidders, i General Conditions, Specifications, and Contract. 6. PERMITS w The contractor shall obtain and pay for all required permits, approvals, authorizations, licenses of any kind necessary for the prosecution of the work. Copies of all such permits, approvals, authorizations and licenses shall be filed wit". the Town Clerk and no work shall be commenced until the same have been obtained and filed. 7. TAXES Contractor shall pay all sales, consumer, use and other similar taxes required to be paid in connection with the work in accordance with the applicable E laws, except that the contract price shall not include any taxes from which the Town is exempt. 8. EXISTING DIMENSIONS AND ELEVATIONS i The contractor shall have the sole responsibility of taking field measure- ments and completing the construction in accordance with the intent of the Contract I Documents. 9. CONDITIONS OF WORK S Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do � so will not relieve a :successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the contractor, in carrying out his work, must employ such methods or means as will minimize interruption or interference with the public or private use of the sites and adjacent properties. -2- 10. OBLIGATION OF BIDDER At the time of the opening of bids, each bidder will bep resumed to have inspected the sites and to have read and become thoroughly familiar with the Contract Documents. The failure or omissions of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid. 11. SITE CONDITIONS The contractor must, at his own risk, inspect the sites of the proposed work and assume all risk pertaining to the location of the site and possible adverse conditions. The Town does not make any representations as to the soil or subsurface conditions to be encountered. 12. INSPECTION All work shall be performed under the inspection and contract administration of the Town or its authorized agent, who shall make the final decision pertaining to acceptance or rejection of the work. 13. CLEANUP The work sites shall be kept in a sate orderly condition at all times. Upon completion of the contract work, the contractor shall completely clean the site and leave it in condition for use by the Town. Any item located inside or outside the work areas, damaged or destroyed by the contractor shall be replaced in kind. 14. WEATHER CONDITIONS In the event of temporary suspension of the work, or during inclement weather, or whenever the Highway Superintendent shall direct, the contractor will, and will cause his subcontractors to protect carefully his and their work and -3- materials against damage or injury from the weather. If, in the opinion of the Superintendent of Highways, any work or materials shall have been damaged or injured by reason of the 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. -4- SPECIFICATIONS FOR REMOVAL AND REPLACEMENT OF SIDEWALKS AND CURBING REMOVE & REPLACE CONCRETE SIDEWALK 1. DESCRIPTION OF WORK Under this item, the contractor shall saw cut and remove existing side- walk and construct sidewalks where ordered by the Superintendent of Highways. 2. MATERIALS Concrete shall conform to all of the requirements specified for Item 105 in the table, "Composition of Concrete Items" and Section 7 of the New York State Department of Public Works, January 2, 1962 Specifications, as amended. 3. CONSTRUCTION DETAILS The Contractor shall saw cut concrete sidewalk to establish a straight line where abutting new work to existing. The saw cut shall be to a depth sufficient to enable the sidewalk to be removed leaving a straight edge. Concrete sidewalk that is removed leaving a ragged edge, shall be recut and replaced at the contractor's expense. Adjacent sidewalk to be left in place which is undermined, moved or damaged past the saw cut line during the excavation operation will be removed and replaced at the contractor's expense. The concrete shall be worked and floated so as to produce a smooth and uniform surface. The concrete shall be laid in one course with steel fabric rein- forcement conforming to the requirements of New York State Department of Public Works, Item 25 F embedded midway between the upper and lowest surfaces. Sidewalks shall be four inches (4")' in depth and have transverse construction joints to the full depth of the concrete spaced 12 feet apart and the edges of such joints finished with an edging too]. of 1/4 inch radius. The top surface shall be scored at intervals of four feet (4') so that the finished walk will be marked in squares both longitudinally and transversely. CURING The specifications for Item 97 conforming to the requirements of the New York State Department of Public Works, January 2, 1962 specifications, as amended will apply for curing. 4. PROTECTION The contractor shall. protect the sidewalk and keep it in first class con- dition until the completion of the contract. Any portion of the sidewalk which is damaged or vandalized at any time previous to the final acceptance of the work shall be removed and replaced with satisfactory sidewalk at the Contractor's expense. 5. METHOD OF MEASUREMENT The unit price bid per square yard for this item shall include the cost of saw cutting and removing existing sidewalk, preparing the subgrade and of furnish- ing all equipment, materials and labor necessary to complete the work. Excavation for the placement of the sidewalk shall be included under this item. 6. BASIS OF PAYMENT Payment for concrete sidewalk restoration shall be for the number of square yards of concrete placed and shall include the cost of saw cutting and removing existing sidewalks, forming, subbase preparation, steel fabric reinforcement, expan- sion joint material, curing membrane, removing broken concrete from the site, and other necessary incidentals to complete the work. All sidewalks damaged by the weather, pedestrians, or vandalism shall be removed and replaced at the contractor's expense. -2- THIS AGREEMENT, made and entered into this day of a 1983, by and between the TOWN OF SOUTHOLD, a municipal corporation organized and existing under and by virtue of the Laws of the State of New York, in the County of Suffolk (hereinafter called the Town), party of the first part, and (hereinafter called the Contractor) , party of the second part. WITNESSETH, that the parties to these presents, each in consideration of the agreement on the part of the other herein contained, have agreed and hereby agree, the party of the first part for itself, its successors and assigns, and the party of the second part, for itself, himself, his heirs, executors, successors and assigns, as follows: 1. The Contractor will,at the Contractor's own sole cost and expense, furnish all labor and services and all material for the removal and replacement of approxi- mately 600 square yards of broken and/or deteriorated sidewalk and curbing in various sites of the Town of Southold, as specified by the Highway Siperintendent, and will construct, complete and finish the same in the most thorough, workmanlike and sub- stantial manner, and in every respect to the satisfaction and approval of the Town in the manner acid in strict accordance with the Notice to Bidders, General Conditions, i Proposal, and Specifications which are hereby made a part of this contract, as fully as if the same were repeated at length herein. 2. All work under this contract shall be done to the satisfaction of the Town, which shall. at all times have access to the work and which may order the dismissal of such workmen as it may deem incompetent or careless, or may require the Contractor to remove from the premises such materi4le or work as in the Town's opinion are not in accordance with the Specifications, substitute therefor, without delay, other work and materials, and the expense of doing so and of making good other work dis- turbed by the change, shall be borne by the Contractor. The Town shall also deter- mine the amount, quantity, acceptability and fitness of the several items of work and material which are to be paid for hereunder. The Town shall also determine whether the said Specifications have been fully complied with by the Contractor. The determination of the Town in all of such matters shall be final and binding upon the parties hereto. Such determination, in the event that any question shall arise, shall be a condition precedent to the right of the Contractor to receive any money hereunder. 3. Should anything be omitted from the Specifications which is necessary for a clear understanding of the work, or should error appear either in the various instruments furnished or in the work done by other contractors affecting the work covered hereby, the Contractor shall and will promptly notify the Town, and in the event of the Contractor's failure so to do, he shall and will make good any damage to or defect in the work caused thereby. 4. The Contractor shall, at his own cost and expense, provide any and all manner of labor, material, apparatus, appliances, utensils, tools, machinery and whatever else may be required of every description necessary to do and complete the work, and shall be solely answerable for the same and for the safe, proper and lawful construction, maintenance and use thereof. The Contractor shall cover and protect the work from damage, and shall make good all injury to the same appearing before the completeion of the work provided for herein. 5. Neither the Town nor any of its officers, agents or employees shall in any manner be answerable or responsible for any loss or damage that shall or may happen to the said work or to any part or parts thereof, or to any materials, loading -2- equipment or any properLy that may be used or employed therein, or placed upon the ground during the process of the work, nor shall it be in any manner answerable or responsible for any injury done or damage or compensation required to be paid under any present or future law, to any person or persons whatever, whether employees i of the Contractor or otherwise, or for damages to any property, whether belonging to the Town or to others, appearing during or resulting from the said work. Against all such injuries, damages and compensation, the Contractor shall and will properly guard. The Contractor shall also, at all times, indemnify and save the Town and its officers, agents and employees harmless against all such injuries, damages and compensation arising or resulting from causes other than its negligence. 6. The Contractor agrees that it shall, pursuant to the Workmen's Compensation i i Law of the State of New York, secure the payment of compensation for the benefit of all employees who may be injured or suffer disability in the work contracted to be performed under this contract, and for the benefit of the dependents of such employees. The Contractor shall continue to secure the payment of such compensation during the life of this contract. In the event of the failure of the Contractor to secure compensation to the employees and their dependents as aforesaid, or in the event of the failure to continue the securing of such compensation during the life of this contract, the contract shall be and become void and of no effect, and {1 the Contractor shall forfeit to the Town all payments provided under this contract and the value of all work done and materials rendered hereunder. 7. The Contractor and each subcontractor or other person doing or contracting to do any work contemplated by this contract shall comply with all laws, ordinances and regulations in any manner affecting the work or performance of this contract, whether or not such laws, ordinances or regulations are mentioned herein and shall -3- indemnify and save harmless the Town and its officers, agents and employees against any claim or liability arising from or based upon the violation of any such law, ordinance or regulation. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to have been inserted herein and if through mistake or otherwise such provision is not inserted, then upon the application of either party, this contract shall be physically amended forthwith to make such insertion. Without in any manner limiting the foregoing provisions hereof, attention is particu- larly directed to the applicable provisions of Article 8 of the Labor Law (wages, hours, statements showing amounts due for wages, discrimination, preference in employ- went, minimum rate of wages, etc.) , and Article 5-A of the General Municipal Law (Public Contracts) , which said provisions of law are incorporated herein by reference. Prevailing wage rates are attached hereto and form a part hereof. 8. The Contractor shall secure and take out at his own expense all necessary certificates, authorizations and permits from the municipality or other public author- ities required in connection with the work contemplated by this contract or any part thereof, and shall give all notices required by law, ordinance or regulation. He shall pay all fees and charges incident to the due and lawful prosecution of the work contemplated by this contract. 9. The Contractor in entering into this agreement, understands that the Town reserves the right to modify the same with respect to the arrangement, character, alignment or nature of the work or of appurtenances whenever in its opinion it shall deem it necessary or advisable to do so. The Contractor shall and will accept such modification when ordered in writing by the Town, and the same shall not vitiate or void this contract. Any such modification so made shall not, however, subject -4- the Contractor to increased expenses without equitable compensation, which shall be determined by the Town. If such modifications or any part thereof, result in a decrease in the cost of work involved, an equitable deduction from the contract price, to be determined by the Town, shall be made. The Town's determination of any such additional compensation or of any such deduction shall be based upon the bids submitted and accepted. In any event, no modification of the work described in the Specifications shall be made, unless the nature and expense thereof have first been certified by the Town in writing and sent to the Contractor. 10. Neither the Town nor any of its officers, agents or employees, nor any order for the payment of money, nor any payment for, or acceptance of the whole or any part of the work by the Town, nor any extension of time, nor any possession taken by the Town, its officers, agents or employees, shall operate as a waiver of any provision of this contract, or of any power herein reserved to the Town, or any right to damages herein provided; nor shall any waiver of any other provision of this contract be deemed to be a waiver of any other or subsequent breach. Any remedy provided ii, this contract shall be taken and construed as in addition to each and every other remedy herein provided; and in addition to all other suits, actions or legal proceedings, the Town shall also be entitled as of right to a writ of injunction against any breach of any of the provisions of this contract. 11 . In case of unnecessary or inexcusable delay in the general conduct of the work or in the event of an actual. or practical abandonment of the work, the Town will notify the Contractor or his bondsman in writing to that effect. If the Contractor or his bondsman shall not within six (6) consecutive days thereafter take such measures as will, in the judgment of the Town, insure a satisfactory com- pletion of the work in the time specified, the Town may then notify the aforesaid contractor and his bondsman to discontinue all work under this contract, and it is hereby ^greed that the Contractor and his bondsman shall immediately respect such notice and stop work, and cease to have any right to possession of the premises whereon said work is being performed. The Town shall thereupon have the power and authority to cancel the contract, and to relet the work or any part thereof or to employ such persons and equipment as it may deem advisable by contract or otherwise, to complete the work herein described, and to use such material as it may find upon the premises, and to procure other materials for the completion of said work. All expenses of such completion of the work., including the additional payments to be made to the persons completing the same, and any other claims arising under this contract, shall be deducted and paid by the Town out of such moneys as may then be due the said Contractor or which may thereafter become due under and by virtue of this agreement or any part thereof. In case such expense is less than the sum which would have been payable for such work under this contract if the same had been fully completed by the Contractor, he shall be entitled to receive the difference; in case such expense is greater, the Contractor shall pay the amount of such excess so due. 12. Each and every employee of the Contractor, and each and every subcontractor engaged in said work, shall, for all purposes, be deemed and taken to be the exclusive ' servants of the Contractor and not for any purpose in any manner in the employment of the Town. The Contractor shall in no manner be relieved From responsibii.._y or liability on account of any delay in the execution of the said work, or of any part thereof, by the acts or omissions of any such employee, or any subcontractor,. or any materialmen whatsoever. 13. The Town shall pay, and the Contractor shall receive, the prices stipulated in the proposal hereunto annexed, as full compensation for everything furnished -6- and done by the Contractor. under this contract. Such payment shall be made by the Town as follows: (a) On not later than the fifth day of every month the Contractor shall submit a requisition covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last day of the preceding month, together with such supporting evidence as may be required by the Town. (b) Not later than the fifteenth day of each calendar month after the date of notice to proceed with work at the site, the Town will make partial payment to the Contractor on the basis of a duly certified approved estimate of the work performed during the preceding calendar month by the Contractor, but the Town will retain five percent (57) : f the amount of each such estimate until final completion and acceptance of all work covered by this contract. (c) No partial payment will be made for any materials or equipment until they are incorporated in the work except that fifty percent (50%) of the estimated value may be allowed for manufactured materials delivered at the construction site and properly stored and protected, provided, however, that the Contractor if so requested by the Town shall furnish written evidence that he is the unconditional owner of such manufactured materials. (d) All work covered by partial payments made shall thereupon become the sole property of the Town, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and portection of work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Town to require the -7- fulfillment of all of the terms of the contract. (e) Before any payments will be made under this contract, the Town reserves the right to require that the Contractor and all subcon- tractors shall, submit written verified statements, in satisfactory form, certifying in detail to the amounts then due and unpaid by such Contractor and subcontractor to all laborers for daily or weekly wages on account of labor performed upon the work under this contract, or to other persons for s materials, equipment and supplies delivered at the site of the work. The i term "Labor" as used herein shall include workmen and mechanics. (f) Upon completion of the project, the Town Engineer shall make a I E final inspection for approval of all the work done under this contract and j shall, within fifteen days after the acceptance of the work by the Engineer 1 and the Town, prepare a final certificate of the work done and the value thereof. ; The Town shall upon approval of the final certificate, promptly pay the Contractor the entire sum so found due thereunder after deducting all pre- vious payments and all percentages and amounts to be kept and retained under the provisions of this contract. All prior partial payments shall be subject to correction in the final estimate and payment. (g) Before issuance of final certificate, the Contractor shall submit I evidence satisfactory to the Town and its Engineer that all payrolls, material bills, and other indebtedness connected with the work have been paid. 14. The Contr , during the term of this contract, shall provide owner's actor g protective liability and contractor's public liability and property damage insurance to be written by an insurance company authorized to do business in the State of New York and approved by the Town, such policies to be in amounts of not less than i -8- $100,000,000 with respect to claims arising out of any one accident resulting in bodily injury to or death of any one person, and in amounts of not less than $1,000,000 with respect to claims arising out of any one accident resulting in bodily injury to or death of more than one person, and in an amount of not less than $100,000 against claims arising out of any one accident resulting in property damage, all protecting the Town and the Contractor against injuries or damage to persons or property caused by or resulting from the execution of the work or in consequence of any improper materials, implements, equipment or labor used therein, or due to any act, :mission or neglect of the Contractor or his agents and employees or subcontractors. Certificates of such insurance shall be filed w#h the Town Clerk. 15. The Contractor shall not assign, transfer, convey, sublet or otherwise dis- pose of this contract, or of his right, title or interest therein, or his power to execute the same, to any other person or corporation without the previous consent in writing of the Town. In the event that the Contractor shall violate the provisions of this paragraph, the Town shall revoke and annul the contract and the Town shall be relieved and discharged from any and all liability and obligations growing out of such contract to such Contractor, and to the person, or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise dis- posed of, and such Contractor, and his assignees, transferees or sublessees shall forfeit and lose all moneys, therefor earned under this contract, except so much as may be required to be paid to his imployees. IN WITNESS WHEREOF, the Town has caused its corporate seal to be affixed hereto, j and these presents to be signed by the Supervisor of the Town of Southold and the Contractor has hereunto set his hand and seal the day and year first above written. TOWN OF SOUTHOLD BY William R. Pell III, Supervisor -9- I STATE OF NEW YORK) COUNTY OF SUFFOLK) On this day of .-- _ 1983, before me personally came WILLIAM R. PELL III, to be personally known, who, being by me duly sworn, did dispose and day that lie resides at 530 Anglers Road, Greenport, New York; that* he is the Super- visor of the TOWN OF SOUTHOLD, the municipal corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Southold Town Board, and that he signed his name thereto by like authority. Notary Public� STATE OF NEW YORK) ss. . COUNTY OF SUFFOLK) (Acknowledgement for Individual Contractor) On this day of� 1983, before me personally came to she known and known to me to be the individual described in and who executed the above instrument, and he acknowledged that he executed the same. a Notary Public -10-- STATE OF NEW YORK) COUNTY OF SUFFOLK) ss. : (Acknowledgement for Corporate Contractor) On this day of 1983, before me personally came to me personally known, who, being by me duly sworn, did depose and say that he resides at that he is the of , the corporation described in and which executed the above instrument; that he knows the seal of said corporatio that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. Notary Public -11- State of New York Bureau of Public Work Department of Labor . A State Office Building Campus !i Albany,N.Y. 12240 1 CONTRACT REQUIREMENTS Each public work contract to which the State, a public benefit corporation, a municipal corporation or a commission is a party and which may involve the employment of laborers,workmen or mechanics, shall comply with the requirements of Article 8(Sections 220-223)of the New York State Labor Law: 1. 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 the contract shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any one week except in the extraordinary emergencies set forth in the Labor Law or where a dispensation is granted by the Commissioner of Labor. (See Section 220.2) 2. Each laborer, workman or mechanic employed by the contractor or subcontractor shall be paid not legis than the prevailing rate of wages at the time the work is performed,and shall be paid or provided not less than the prevailing supplements at the time the work is performed, as determined by the fiscal officer. If the prevailing rate of wages or the prevailing supplements change after the contract is let, each workman, laborer or mochanic shall be paid or provided not less than the new rates. (See Section 220.3) 3. The contractor and every subcontractor shall post in a prominent and accessible place at the work site a statement of the current prevailing wage rates and supplements for the various classes of mechanics,workmen or laborers. (See Section 220.3-a) 4. No employee shall be deemed to be an apprentice unless individually registered in a program registered with the New York State Department of Labor. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the contractor as to his work force on any job under the registered program. Any employee who is not registered as above, shall be paid the prevailing wage rate for the classification of work he actually performed. The contractor or subcontractor will be required to furnish written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on the contract work. (See Section 220.3) 5. (a) No contractor,subcontractor,nor any person acting or, his behalf,shall by reason of race, creed, color, disability, sex or national origin discriminate against any citizen of the State of New York who is qualified and availableto perforin the work to which the employment relates. (See Section 220-e(a) ) (b) No contractor,subcontractor, nor any person acting on his behalf shall, in any manner, discriminate against or intimidate any employee on account of race,creed,color,disability, sex or national origin. (See Section 220-e (b) ) NOTE: The Human Rights Law also prohibits discrimination in employment because of age,Marital status or religion. (c) Thee may be deducted from the amount payable to the contractor under the contract a penalty of five dollars for each calendar day during which such person was discriminated against or intimidated In violation of the provisions of the contract. (See Section 220-e (c) ) (d) The contract may be cancelled or terminated by the State or municipality,and all moneys due or to become due thereunder may be forfeited, for a second or any subsequent violation of the terms or condition of the anti-discrimination sections of the contract. (See Section 220-e(d) ) PW-3(9.82) PREVAILING RATE SCHEDULE State Of Now York ase uaber DopartNO"t of Labor Bureau of Public Work 8�D2097 SUFFOLK COUNTY TOWN OF SOUTHHOLD ailing l SIUPPLEMENTAL BEuFr�IT PAY urc OCCUPATIONS wage health basic and Pon- suppl. other supplements hourly Welfera sl Oh uneop. rate CA) (B) (C) CO) through (M) _ASBESTOS WORKER Asbestos Yorker _-_-- 1S. 640 1. 140 1. 410 I-2- IS,G-1. 58, Insulator -15 640 1. 140 1. 410 I-2. 1S, G-1 S8. BOILERMAKER Boi I eraaker 17. 120 850 1. 710 I-2- 67, H-, 04. 0-1. 20, CARPENTER Carpenter(Bidg. ) 16. 150 1. 870 2. 130 ,+ FI Coverer 14. 90D 1. -. SD, H-. 04, G-. 90 850 1330 Carpet Layer . 15. 980 1. 970 1. 490 Dry-wall Applicator 14. 1550 1. 530 2. 030 I 35,H 04, G-, 90, MI I I wr I ght 16: 450 1. 570 1. 430 I-l. 25,H-. 07.D-. D3, G-1. 611 Carpenter (Hvy/Hwy) 13. 450 1. 530 2. 030 PI Iedri ver Z-. 35, H-. D4. G-. 9D, 1S. 950 1. 970 1. 480 I-1. 05. H-. 1D, G-1. 5, TI Dockbul 1 der 14. 860 1. 850 1. 330 I-. 90, H-- 10, G-1. O!i, .. Helper 13. 790 1. 850 1. 330 Z-. go, H-. 10, G-1. 0';, 1 p13- 320 2. 970 1. 480 I-1.'OS,H-. 10.G-1. 15, MARINE DIVER _ Marti no Of ver Tender 19. 290 1. 970 1. 480 . 035 15- 090 1. 970 1. 490 . 03S Z-1. 05, H-. 10,G-1. 23, , DRILLER Core lDo-filer He11. 305 1. 000 . 740 Helper 9. 84S 1. 000 . 740 Gas/Oil wolf Driller ------------------------------ Helper/Tool ------- -------- ---`-- Helper/Tool Dresser Well Driller(Water) - 23. 200 1. 179 2. 250 - Helper 11. 100 . 999 2. 250 Pump Installer 3. 500 . 460 . 000 ELEC rRIr.IAN Electrielan 17. 200 1. SS4 1. 118 . 250 I.1. 72. H-. 10. J-. 516 ---- -_---------------------- G-1. 634, Maintenance 13. 800 1. 104 . 621 _ I-1. 104, H-. 086, J-. 41 G-1. 035. Applicable on traffic signals and street lighting only, Sound/Audi o-Instal I /Repair 17- 000 1. 060 1. 060 - G-1. 445, ---------------------------- Tv I ophOne-Insta I I /Repel r 14. 000 2. 016 2. 296 J-. 224. F-. 14. G-1. '1584 ELEVATOR - El evatOr(Cohstructl on) Helper 14. 990 1. 345 . 950 I-1. 14, F-- 035, 12. 240 1. 345 950 I-1. 14, F-. 035, Elevator(Modernlzatl oh) 14. 400 1. 345 1. 085 I. Helper I-1. OO, F-, 035. 10. 800 1. 345 1. 085 I-1. OO, F-, 035, GLAZIER Glazier IS. 250 660 710 I-2. 00, H-. O1, G-. 92, IRONWORKER Structure I 14. 400 1. 860 2. 800 I-3. 85. H-. 11. G-2. OD, Rigger as+enta Iger 15. 120 1. 210 1. SSD I-2. 00- H-- 10. G-1. 00. Rg15. 730 1. 230 1. 770 I-2. 00, H-. 10. G-2. 00, Chain Link Fence 1S. 430 1. 300 1. 850 OCCUPATIONS APPLICABLE TO BUILLDIMS AND ,HEAVY /_HIGHWAY CONSTRUCTION SCHEDULES Page 1 SURVEY i - B PREVAILING RATE SCHEDULE State of New York Case Number Bureau of Department of Labor Public Work 8�209T SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- SUPPLEMENTAL BENLFIT PAYMENTS ■1 I l ng OCCUPATIONS rage health basic and Pon- suppl . other supplements hourly Welfare $Ion YheMP. rate CA) (a) CC3 (03 through CM3 LABORER (BUILDING) Basic 11. 740 2. 530 1. 530 Mason Tender 11. 740 1. S30 1. 530 PI peloyer 12. 950 1. 760 2. 200 . 500 Concrete 12. 740 2. 050 1. S30 Power, Al r Tool 12. 360 1. 320 1. 790 I-. SG, G-2. 00, Asphalt Raker 10. 990 . 989 3. 428 M-. 109, G-. 7S, Asphalt Tamper 10. 760 . 968 1. 398 M-. 107, G-. 75, Blaster 24. 440 1. 320 1. 790 I-. 50,G-2. 00, Demolition 10- 900 1. 250 1. 700 F-. 03, G-1. 00, ------------------------------ (HEAVY/H.rGHWAY) Bas 1 c 9. 750 975 1. 267 M-. 10, G-. 75, Flagman 12. 950 1. 760 1. 200 . 500 I-1. 15, Pipe 1 aver 9. 750 . 97S 1. 267 M-. 10,G-. 75, Power, AI r Tool 10. 850 1. 000 1. 450 Concrete 10. 300 . 927 1. 339 M-, 103,G-. 7S. Wagon Dr i I I 11- 550 1. 110 1. 110 G-. 82, Asphalt Raker 10. 4110 1. 040 1. 3S2 Asphalt Tamper 10. 160 2. 016 1. 320 M-. 10, G-. 75. Formsetter 10. 990 . 989 1. 42a M-. 109. G-. 75, Blaster 9. 750 . 976 1. 267 M-. 10. G-. 75. LATHER Lather (Wood, Wire) 17. 280 1. 325 . 985 G-. 75. Reinforcing 15. 720 1. 325 985 I-1. 60, H-. 01, D-. 02, G-. 75, MASON Br i ck I ayer 15. 220 1. 7110 2. 300 Cement Finisher (Bids. ) 16. S20 1. 990 2. 350 Plasterer 13. 450 2. 450 . ()Do Tuck Pointer 14. 000 1. 500 1. 900 I-1. 00, H-. 07.G-1. 35. Mosaic/Terrazzo Wkr 15. 990 1. 170 1. 500 .4S0 G-1. 00. Terrazzo Helper 14. S50 1. 170 1. S00 . 450 G-1. 00, TI lesetter 13. 800 1. 600 1. 350 G-1. 085, TI losetter Helper 10. 960 2. 30s 1. 020 Derrl ckMon 1S. 230 1. 230 1. 510 I-1. 50, H-. 10. G-2. 00, ------------------------------ Cement FI ni nl sher(H/H) 13. 5DO 1. 940 2. 270 PAINTER Brush 13. 990 3. 240 1. 000 H-. 23, G-. 60, Structural Steel 1S. 280 1. 6110 . 990 I-1. 53, H-. 075, G-. 46, Spray 1S. 500 3. 240 1. 000 H-. 23, G-. 60, Bridge 15. 280 1. 680 . 990 I-1. 53. H-. 075. G-. 46. Sandb I aster 15. 280 1. 680 . 990 I-1. 53, H-. 075, G-. 46, Paperhanger 1S. 280 1. 330 1. 330 Drywall. Taper 13. 990 3. 240 1. 000 H-. 23, G-. 60. - - Striping Mach. Oper CH/H) 10 900 . 760 740 LI nerman (H/H) 10, 900 . 760 . 740 PLUMBER Plumber 14. 600 1. 0S0 2- 300 I-. 571, H-. 37, G-1. 30, ROOFER Roofer 12. 740 1. 610 1. S60 I-1. 18, H-. 03,G-2. 00, SHEETMETAL WORKER Sheotmeta 1 Worker 16. 206 1. 764 1. 11128 .2S0 H-. 187. J-1. 258, O-. 08 ------------------------------ SI gn Erector CH/H) 12. 950 . 910 1. 230 OCCUPATIONS APPLICABLE TO @WILDING ANO HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Pogo 2 SURVEY S - 8 PREVAILING RATE SCHEDULE State of Now York i5ase Number-- Bureau of Department of Labor Publle• Werk 8,302097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prev- SUPPLEMENTAL BENEFIT PAYMENTS al I l ng OCCUPATIONS wage health basic and pen- suppl. other supplements hourly welfare $ion YhQmp. rate (A) (a) (C) (D) through (N) SPRINKLER FITTER Sprinkler Fitter 17. 320 1. 000 1. 180 F-. 07, K-2. 50, G-1. 00. STEAM I TER Steamf 1 Iter 17. 320 1. 000 1. 180 F-. 07,K-2. 50, G-1. 00, SURVEYING SURVEY CREW (Highway 8 heavy only) Party Chief 12. 430 . 900 . 700 Instrument Man 10. 390 . 900 . 700 Rodman/Chas nman 9. 000 . 900 . 700 I-2. 00, H-. 05.G-. 70, Survey Rates apply to those workmen employed on HIGHWAY and HEAVY contracts let on or after July 2, 1979 TEAMSTER _ Excavation 10. 525 1. 612 2. 832 X-1. 00. Euclid Other 10. 525 1. 612 2. 852 1-1. 00. TRE-E DIMMING Tree Trimmer 12. 030 . 000 . 000 Groundman, Drl ver 9. 300 . 000 . 000 WATERPROOFER Waterproofer 14. S20 1. 250 2. 500 Tuck Pointer 24. S20 1. 250 2. 500 Sandblester(Mason) 15. 770 1. 250 2. 500 Steemc I eaner(M'ason) 15. 120 1. 250 2. 500 WELDER Weider 13. 900 1. 111150 2. 5S0 I-3. 35, H-. 11, G-2. 00, OPERATORS OF POWER EQUIPMEN POWER EQUIP. OPER. (BLDG) Backhoe 14. 855 1. 426 2. 500 . 200 H• . 2S, M-. 15, G-1. 00, Bulldozer 15. 055 1. 444 2. 750 . 200 Compressor 14. 155 1. 363 2. 500 . 200 H-. 25, M-. 15, G-1. 00, Crane 14. 605 1. 432, 2. 500 . 200 Fireman 13. SSD . 800 . 800 I-2. 00, H-. 10, G-. 70, Forklift 14. 780 1. 420 2. 500 . 200 H-. 25, M-. 15, G-1. 00, Front End Loader 14. 950 1. 435 2. 750 . 200 H-. 25, M-. 15, G-1. 00, Grader 13. 820 . 800 . 800 I-2. D0, H-. 10, G-. 70, Hoist Opr. 15. 480 1. 483 2. 750 . 200 H-. 25, M-. 15, G-1. 00, Mixer (A I l ) 13. 5S0 . 800 . 800 I-2. 00. H-. 10, G-. 70, Oi 1 er 13. 05S 1. 270 2. 500 200 H-. 2S, M-. 15, G-1. 00, PI i edrl ver 14. 090 1. 200 1. 050 I-2. 25. H-. 10, G-. 75, Pump 1S. 405 1. 476 2. 750 200 H-. 25, M-. 1S,G-1. 00, Roller 16. 280 . 980 1. 630 1. 200 H-. 37, Scraper a Pan 13. 820 . 800 . 800 I-2. 00, H-. 10,G-. 70, Shovel 24. 820 1. 200 1. 050 I-2. 25, H-. 10, G-. 7S, Tractor 14. 305 1. 377 2. 7SO . 20U H-. 25, M-. 15, G-1. 00, Trenching Machine 14. 370 1. 200 1. 050 1-2. 25, H-. 10,G-. 7S, ------------------------------ CONTINUED OCCUPATIONS APPLICABLE TO FUILDING AND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 3 SURVEY S - 8 PREVAILING RATE SCHEDULE State of New York ase um er Bureau of DepertrOnt of Labor Publio. Work Y 8302097 SUFFOLK COUNTY TOWN OF SOUTHHOLD Prov- SUPPLEMENTAL BENEFIT PAYMENTS a 1 I 1 ng OCCUPATIONS wage health basic and Pon- suppl. other supplements hourly welfare cion unemp. rate (A) (S) (C) (D) through (M) CONTINUED ------------------------------ POWER EQUIP. OPER. (HVY/HWAV) Asphalt Spreader 14. 580 1. 402 2. 500 . 200 H-. 26.M-. 1S.0-1. 00, Back hoo 14- 950 1. 434 2. 600 . 200 H-. 25. M-. i5,O-. 2q, G-1. 00. Bolt Loader 13. 820 . 800 . 800 I-2. 00.H-, 10, G-. 70, Bulldozer 13. 770 2. 329 2. 500 . 200 H-. 25. M-. 1 5, G-1. 00. Compressor 15. 205 1. 458 2. 750 . 200 H-. 25, M-. 15, G-1. 00. Concrete Pump IS- 090 . 1300 1. 050 Concrete Brooker is. . 289 2. 750 . 200 H-. 25.N-. 15.G-1. 00. Crane 14. 580 1. 402 2. 900 . 200 Dreg I i ne 14. '170 1. 200 1. 050 Fi ni shl ng Machine 13- 560 81)0 . 11100 Fireman 13. 650 . 1100 . 800 Front End Loader 24. 305 2. 377 2. 500 . 200 H-. 25,M-. 15, G-1. D0. Grade-All Oper. 16. 000 . 960 1. 520 1. 200 H-. 36, Go-odor 13. 98S 1. 3482. S00 . 200 H 2S, M-. 1S, G-1. Q0. Mochanl c-Const. Equip. 13. 7110 1. 32 1, . 331, 2. S00 . 200 H-. 2S,M-. 15. G-1. 00. M0111t. - Greaseran 35. 05S 1. 444 2. 750 . 200 Oi I or 12. 370 1. X203 2. 600 . 200 Piledriver 14. 090 1. 200 1. 050 I-2. 25.H-. 10. G-. 7S, Post Driver (Guard Rall ) 15. 040 . 900 1. 420 1. 200 H-. 33. Pump 13. 770 1. 329 2. S00 . 200 H-. 25,M-. 1S, G-1. 00, Ridge Cutter CPavement Saw) 24. 520 1. 200 1. 050 Roller 14. 120 1. 360 2. S00 . 200 H-. 2S, M-. 15, G-1. 00. Scraper 8 Pan 24- 420 1. 396 2. 750 . 200 H-. 25, M-. 15.G-1. 00, Shovel 14. 820 :1. 200 1. OSO 1-2. 2S-H-. 10,0-. 7S. Tractor 12- 3.55 1. 183 2. S00 . 200 H-. 35,M-. 15.G-1. 00. Trenching Machine 14. 370 1. 200 1. 050 APPRENTICE RATES: Apprentice Rates are NOT provided In this schedule. ART. 8, Sec. 220. 3-e : "Apprentices will be permitted to work as such only when they are registered, individually, under a bon* fide program registered with the Now York Statepepartment of Labor. The allowable ratio of apprentices to ,Journeymen In any craft classlflCatlon shall not be greater than the ratio permitted to the contractor as to his work force on any Job under the registered program. Any employee listed on a payroll at an apprentice wage rate, who Is not registered as above, shalt be paid the wage rate determined by the New York State Department of Labor for the ClassiflCatlon of work he actually performed. The contractor or sub-contractor will be required to furnish written evidence of the registration of his program and apprentices as well as the appropriate ratios and wage rates. for the area of Cons*ruction prior to using any apprentices on the contract work. OCCUPATIONS APPLICABLE TO BUILDING tND HEAVY / HIGHWAY CONSTRUCTION SCHEDULES Page 4 SURVEY s - B