HomeMy WebLinkAboutNorman E Klipp Bulkhead Project RESOLUTION 2014-727
ADOPTED DOC ID: 10073
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-727 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
AUGUST 26,2014:
RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Crowley
Marine Contracting, in the amount of$129,600.00, for the Norman E. Klipp bulkhead project, all
in accordance with the Town Attorney, and be it further
RESOLVED that the Town Board hereby authorizes and directs Supervisor Scott A. Russell to
sign a contract with Crowley Marine Contracting for same, subject to the approval of the Town
Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: James Dinizio Jr, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell
AGREEMENT
THIS AGREEMENT, entered into this day of September, 2014, by and between the Town
of Southold, New York ("the Town"), a municipal corporation organized and existing under the laws
of the State of New York with offices at 53095 Main Road, Southold, New York, and Crowley
Marine Contracting (the "Contractor"), with an address of P.O. Box 618, Greenport, New York
11944;
WITNESSETH, that the Town and the Contractor, for the consideration hereinafter named,
agree as follows:
ARTICLE 1. CONTRACT AND CONTRACT DOCUMENTS
The Contract and Contract Documents consist of the following: Affidavit of qualification
to bid, Notice to Bidders, Request for Proposal, Bid and Contract Agreement, Bid acceptance
resolution, specifications, plans, drawings, all Addenda, Appendices and amendments to any
contract document, change orders and any supplementary documents, together with all
provisions of law deemed to be inserted in any of these documents. In case of any conflict or
inconsistency between the provisions of the Contract and those of the Contract Documents, the
provisions of this Contract shall govern, however, all references herein to the "Contract" shall
also refer to the "Contract Documents".
ARTICLE 2. WORK TO BE DONE AND CONSIDERATION THEREFOR
The Contractor shall perform construction work in connection with the Norman E. Klipp
Bulkhead Project, including, but not limited to, the following:
Replacement of an approximately 124 foot section of bulkhead that was damaged during
Hurricane Sandy at Norman E. Klipp Park and restoration of all disturbed areas of the site to pre-
construction conditions.
The above mentioned shall be performed in accordance with the attached Bid Specifications,
the Contractor's Bid Response, the Plans and Drawings entitled "Bulkhead Replacement Klipp Park
Beach", drawn by James A. Richter, R.A., dated May 5, 2014, and in accordance with the NYS DEC
General Permit GP-0-13-006 dated July 16, 2013, a copy of which is attached hereto as Appendix A
and made a part hereof.
The Contractor will furnish all labor, materials, supplies, equipment and other similar
items necessary or proper for, or incidental to, the work contemplated by this Contract, as
required by, and in strict accordance with the Contract Documents, and in strict accordance
with such changes as are ordered and approved pursuant to this Contract.
ARTICLE 3. TIME OF COMPLETION
The services to be rendered under this Contract shall be completed no later than sixty (60) days
from the date the contract is signed by all parties. Time of performance is of the essence of this
Agreement.
1
ARTICLE 4. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice that the Contract has been fully performed and an inspection by
the Town Engineer to certify that the work has been completed to the satisfaction of the Town, the
Contractor shall file with the Town Comptroller an itemized voucher and the Town will pay the
Contractor $129,600.00. Payments will be made on the basis of the actual work completed in
accordance with the Contract and the Contract Documents. Contractor will be paid the total Contract
amount after the project is completed and there will be no partial payments.
The acceptance by the Contractor of the final payment shall be, and shall operate as a release to
the Town from all claims and all liabilities to the Contractor for all the things done or furnished in
connection with this work and for every act and neglect of the Town and others relating to or arising
out of, this Contract and the Contract Documents, except Contractor's claims for interest upon the
final payment, if this payment be improperly delayed. No payment, however final or otherwise, shall
operate to release the Contractor or its sureties from any obligations under this Contract and the
Contract Documents or the Bond.
ARTICLE 5. CHANGES TO THE CONTRACT AND EXTRA WORK
(a) The Town may at times, without notice to the Contractor's surety and without
invalidating the Contract, order extra work or make changes by altering, adding to, or
deducting from the work contemplated herein and may adjust the Contract price
accordingly, pursuant to Paragraph (b) below. The Contractor shall not deviate from,
add to, delete from, or make changes in the Work required to be performed hereunder
unless so directed by a written Change Order. If the Contractor is directed by the Town
to perform extra work prior to an agreement on costs or time, the Contractor shall
promptly comply with the Change Order of the Town. No claim for extra work or any
change in the work shall be allowed or made unless such extra work or change is
ordered by a written Change Order from the Town.
(b) The amount of compensation to be paid to the Contractor for any extra work, as so
ordered, shall be determined as follows:
1. By a lump sum mutually agreed upon by the Town and the Contractor; or
2. Using the applicable price or prices within the Contract and/or Bid and approved
by the Town and the Contractor.
(c) Regardless of the method used by the Town in determining the value of a Change
Order, the Contractor shall submit to the Town a detailed payment breakdown of the
Contractor's estimate of the value of the omitted or extra work.
(d) Unless otherwise specifically provided for in a Change Order, the agreed compensation
specified therein for extra work includes full payment for extra work covered thereby,
and the Contractor waives all rights to any other compensation for such extra work,
damage or expense, including claims for delay, damage or expense.
2
(e) The Contractor shall and hereby agrees to produce any and all data the Town may
request, including but not limited to, time sheets, certified payrolls, foreman's reports,
daily reports, bills and vouchers of Subcontractors, receiving documents, freight and
trucking receipts, etc.
(f) All change orders shall be processed, executed and approved in the following manner:
(i) if the estimated cost of the extra work is less than $1,000 in the aggregate, a
Change Order Form (attached as Appendix B) must be processed and executed by
the Supervising Department Head;
(ii) if the estimated cost of the extra work is greater than $1,000, then the Change
Order Form (Appendix B) must be executed by the Supervising Department Head
and submitted to the Town Board for consideration and approval by resolution.
The Contractor must submit a detailed explanation of why the Change Order is
needed and must also be submitted to the Town Board prior to its approval. The
Change Order must also be approved by the Town Comptroller and the Town
Attorney. Once this procedure is completed, the Contractor may proceed with the
extra work.
The Town will not accept any alteration to this form and no payment for Extra Work
shall be due the Contractor unless it executes a Change Order on this Form.
(g) If the Contractor claims that any work which the Contractor has been ordered to perform
will be extra work, that the Contractor for any reason cannot comply with the terms and
provisions of the Contract, or that any action or omission of the Town is contrary to the
terms and provisions of the Contract and will require the Contractor to perform extra
work, the contractor shall:
1. Promptly comply with the Town's direction to perform the work which the
contractor claims will be extra work; and
2. Proceed diligently, pending and subsequent to the determination of the Town
with respect to any said disputed matter, with the performance of the work in
accordance with all the instructions of the Town.
(h) No claim for extra work shall be allowed unless it was performed pursuant to change
order duly approved by the Town Board. The Contractor's failure to comply with any
part of this provision shall be deemed to be:
1. A conclusive and binding determination on the part of the Contractor that said
change order, work, action or omission does not involve extra work and is not
contrary to the terms and provisions of the Contract, and
2. A waiver by the Contractor of all claims for additional compensation, time or
damages as a result of said change work, act or omission.
3
(i) The value of claims for extra work, if allowed shall be determined methods described in
the Contract including, but not limited to, section(b) immediately above.
ARTICLE 6: CONTRACTOR'S OBLIGATIONS
(a) The Contractor shall be responsible for the full and correct performance of the Work
required by this Contract within the time specified herein, including work of the
Contractor's Subcontractors, and any errors therein shall be corrected at the Contractor's
own cost and expense. In addition, the Contractor shall indemnify the Town for any costs
or expenses attributable to errors in performance by the Contractor or the Contractor's
Subcontractors. The Contractor's obligation hereunder shall include taking field
measurements for all Work hereunder. Approval of shop drawings by the Town shall not
relieve the Contractor from correcting Work either reflected in error on the Contractor's
shop drawings, not confirming to the field requirements, or not complying with the terms
of this Contract. Is shall not be incumbent upon the Town to discover any mistakes,
errors, omissions, or deviations from the Contract requirements, or in the quality or kind
of materials used by the Contractor or in the shop drawings, schedules and reports
submitted by the Contractor and the Town's approval of same shall not relieve the
Contractor from responsibility for unauthorized changes, deviations, omissions or for
errors of any sort therein. Performance by the Contractor of any Work before the
required approvals therefore have been issued shall be at the Contractor's sole risk and
expense.
(b) In case of discrepancy or difference between any figures, drawings, or specifications; the
matter shall be immediately submitted in writing to the Town, whose decision shall be
final, and without whose decision said discrepancy or difference shall not be adjusted by
the Contractor, save only at the Contractor's own risk and expense.
(c) Unless otherwise specifically provided in the Contract, the Contractor, without limitation,
shall furnish and be responsible for all shop and field requirements, lines, grades,
dimensions, layouts, colors, qualities, quantities, tests, approvals, operating manuals,
guarantees, cuttings, removals, openings, channels, chases, flues, sleeves, insets, dowels,
hangers, patching, clearing, temporary heat, water and electricity, guards, rails, night
lights, barricades, pumping hoists, elevators, scaffolds, runways, protective paper,
tarpaulins, polyethylene protections, and clean-up, and all things which may be necessary
in performance of the Work contracted hereunder.
(d) If the Town shall furnish any basic reference lines and bench marks to the Contractor,
such basic reference lines and bench marks must be used by the Contractor and the
finished Work shall agree therewith.
(e) The Contractor agrees that the Contractor shall protect and shall be solely responsible for
all labor and material provided for under this contract, whether or not the same may be
erected in place, and for all its plans, tools, equipment, materials, tools of the Contractor's
employees and agents, etc. for all adjoining private and public property, and all existing
Work on the Project Site, which may be damaged by the Contractor's Work. In no event
4
shall the Town be liable to the Contractor for loss of, pilferage, or damage to any of the
same. In the event of said labor and materials, plant, tools or equipment, etc., are
damaged, lost or destroyed by reason of fire, theft (irrespective of the negligence of the
parties hereto or others), civil commotion, riot, insurrection, violence, war, acts of God,
etc., the Contractor's responsibility therefore shall be absolute, and the Contractor shall
replace, repair, rebuild, and make good any and all said damage or loss of any and all
kinds whatsoever.
(f) Contractor shall be responsible for securing all permits required to perform the Work
and/or required by the applicable laws, regulations, ordinances, etc., and maintain the
validity of all such permits throughout the contract duration.
ARTICLE 7. CONTRACTOR'S INSURANCE
The Contractor shall not commence work under this Contract until it has obtained all insurance
required under this paragraph and such insurance has been approved by the Town.
(a) Compensation Insurance: The Contractor shall take out and maintain during the life of
this Contract Workers' Compensation Insurance for its employees to be assigned to the
work hereunder.
(b) Insurance: The Contractor shall take out and maintain during the life of this Contract
such general liability, property damage, and commercial auto liability insurance as shall
protect it from claims for damages for personal injury, including accidental death, as
well as from claims for property damage which may arise from operations under this
Contract. The amounts of such insurance shall be as follows:
General liability insurance in an amount not less than $1,000,000 for injuries, including
wrongful death to any one person and subject to the same limit for each person, in an amount not less
than $2,000,000 on account of any one occurrence.
Property damage insurance in an amount not less than $300,000 for damage on account of all
occurrences.
Commercial auto liability insurance in an amount not less than $500,000 for damage on
account of all occurrences.
The Contractor shall furnish the above insurances to the Town and shall also name the Town as
an additional named insured in said policies.
(c) Any accident shall be reported to the office of the Town Clerk as soon as possible and
not later than twenty-four (24) hours from the time of such accident. A detailed written
report must be submitted to the Town as soon thereafter as possible and not later than
three (3) days after the date of such accident.
5
ARTICLE 8. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That it is financially solvent and that it is experienced in and competent to perform the
type of work or to furnish mechanical maintenance dredging to be furnished by it; and
(b) That it is familiar with all federal, state, municipal and department laws, ordinances and
regulations which may in any way affect the work or those employed therein.
ARTICLE 9. PERMITS AND REGULATIONS
The Contractor shall comply with all permits issued to the Town in connection with the
services furnished under this Agreement.
ARTICLE 10. NO DAMAGES FOR DELAY
The contractor agrees to make no claim for increased costs, charges, expenses or
damages for delay in the performance of this Contract, or for any delays or hindrances from any
cause whatsoever, and agrees that any such claim shall be fully compensated for by an extension in
the time for substantial and/or final completion of the work. Should the Contractor be or anticipate
being delayed or disputed in performing the work hereunder for any reason, it shall promptly, and in
no even more than two (2) business days after the commencement of any condition which is causing
or threatening to cause such a delay or disruption, notify the Town in writing of the effect of such
condition stating why and in what respects the condition is causing or threatening to cause such delay
or disruption. Failure strictly to comply with this notice requirement shall be sufficient cause to deny
Contractor a change in Schedule and to require it to conform to the Schedule then in effect.
ARTICLE 11. TOWN'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
The Town shall have the right to stop work or terminate the Contract if-
(a)
£(a) The Contractor is adjudged bankrupt or makes an assignment for the benefit of
creditors; or
(b) A receiver or liquidator is appointed for the Contractor or for any of its property and is
not dismissed within 20 days after such appointment or the proceedings in connection
therewith are not stayed on appeal within the said 20 days; or
(c) The Contractor refuses or fails to prosecute the work or any part thereof with due
diligence; or
(d) The Contractor fails to make prompt payment to persons supplying labor for the work; or
(e) The Contractor fails or refuses to comply with all applicable laws or ordinances; or
(f) The Contractor is guilty of a substantial violation of any provision of this Contract;
6
(g) The Town's execution and participation in this contract is found to be in violation of an
existing collective bargaining agreement.
(h) In any event, the Town, without prejudice to any other rights or remedy it may have,
may, with our without cause, by seven (7) days' notice to the Contractor, terminate the
employment of the Contractor and its right to proceed as to the work. In such case, the
Contractor shall not be entitled to receive any further payment beyond what owed in
quantum meruit.
ARTICLE 12. DAMAGES
It is hereby mutually covenanted and agreed that the relation of the Contractor to the work to be
performed by it under this Contract shall be that of an independent contractor. As an independent
contractor, it will be responsible for all damage, loss or injury to persons or property that may arise in
or be incurred during the conduct and progress of said work, whether or not the Contractor, its agents,
or employees have been negligent. The Contractor shall hold and keep the Town free and discharged
of and from any and all responsibility and liability of any sort or kind. The Contractor shall assume
all responsibility for risks or casualties of every description, for loss or injury to persons or property
arising out of the nature of the work, from the action of the elements, or from any unforeseen or
unusual difficulty. The Contractor shall make good any damages that may occur in consequence of
the work or any part of it. The Contractor shall assume all blame, loss and responsibility of any
nature by reason of neglect or violation of any federal, state, county or local laws, regulations or
ordinances.
ARTICLE 13. INDEMNITY AND SAVE HARMLESS AGREEMENT
The Contractor agrees to indemnify and save the Town, its officers, agents and employees
harmless from any liability imposed upon the Town, its officers, agents and/or employees arising
from the negligence, active or passive, of the Contractor and from and against any damages, claims,
or expenses, including reasonable attorney's fees, arising out of Contractor's breach of the
Agreement or from Contractor's acts or omissions outside the scope of the Agreement or arising out
of claims or actions by third parties against Contractor by virtue of his performance of this
Agreement.
ARTICLE 14. NO ASSIGNMENT
In accordance with the provisions of section 109 of the General Municipal Law, the Contractor
is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this
Agreement, or of its right, title or interest in this Agreement, or its power to execute this Agreement,
to any other person or corporation without the previous consent in writing of the Town.
ARTICLE 15. REQUIRED PROVISIONS OF LAW
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. If any such provision is not inserted, through mistake or
otherwise, then upon the application of either party, this Contract shall be physically amended
7
forthwith to make such insertion. In particular, the Contractor shall, among other things, fully comply
with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the Civil Rights Law
relating to prohibition against discrimination and providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
(e) Eight-hour workday as required by Labor Law section 220(2).
ARTICLE 16. PREVAILING WAGE RATES REQUIRED BY LAW
(a) The parties hereto, in accordance with the provisions of section 220(3) of the Labor
Law, hereby agree that there shall be paid each employee engaged in work under this
Contract not less than the wage rate and supplements set opposite the trade or
occupation in which he/she is engaged, as listed on Exhibit A attached hereto and made
a part of this Agreement, which are the wage rates and supplements established as the
prevailing rate of wages for the work covered by this Contract.
(b) Labor classifications not appearing on the schedule of wages can be used only with the
consent of the Owner and then the rate to be paid will be given by the Owner after being
advised by the Department of Labor.
(c) The Contractor shall post in a prominent and accessible place on the site of the work a
legible statement of all wage rates and supplements, as specified in the Contract, for the
various classes of mechanics, workingmen/women, or laborers employed on the work.
ARTICLE 17. ARBITRATION
Should any dispute arise between the Town and the Contractor regarding the manner or
sufficiency of the performance of the work, the disputed matter shall be settled by arbitration in
accordance with the laws of the State of New York. There shall be three arbitrators, one of whom
shall be selected by each of the parties hereto, and the third by the two arbitrators so selected. If the
selection of any arbitrator is not made within fifteen (15) days of the time that either party has
notified the other of the name of the arbitrator it has selected, then the arbitrator or arbitrators not
selected shall be appointed in the manner provided by the laws of the State of New York. The work
shall not be interrupted or delayed pending such decision.
ARTICLE 18. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town
Board of the Town of Southold, at a meeting thereof held on August 26, 2014. Scott A. Russell,
Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this
8
instrument and enter into such an Agreement on behalf of the Town. This instrument shall be
executed in duplicate. At least one copy shall be permanently filed, after execution thereof, in the
office of the Town Clerk, Elizabeth Neville.
ARTICLE 19. NOTICES
Any and all notices and payments required hereunder shall be addressed as follows, or to such
other address as may hereafter be designated in writing by either party hereto:
To Town: Elizabeth A. Neville, RMC, CMC
Southold Town Clerk
P.O. Box 1179
Southold, NY 11971-0959
With a copy to: Michael Collins, Engineer
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
To Contractor: Ian Crowley, President
Crowley Marine Contracting
P.O. Box 618
Greenport, NY 11944
ARTICLE 20. WAIVER
No waiver of any breach of any condition of the Agreement shall be binding unless in writing
and signed by the party waiving said breach. No such waiver shall in any way affect any other term
or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other
breach unless the waiver shall include the same.
ARTICLE 21. MODIFICATION
This Agreement constitutes the complete understanding of the parties. No modification of any
provisions thereof shall be valid unless in writing and signed by both parties.
ARTICLE 22. APPLICABLE LAW
This Agreement is governed by the laws of the State of New York.
IN WITNESS WHEREOF, the Town of Southold has caused these presents to be signed by
Scott A. Russell, its Supervisor, duly authorized to do so, and the Contractor has caused these
presents to be signed by its Vice President, the day and year first above written.
Town 2;�g
u
By:
Sc tt A. Russell, Supervisor
9
Crowley Marine Cornrac ____
Ia Crowley, Pres'
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On this_day of September in the year 2014 before me, the undersigned,personally appeared
IAN CROWLEY, personally known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity and that by his signature on the instrument, the individual or the
person upon whose behalf of which the individual acted, executed the instrument.
LOF11 M.HULSE A\1/�o
Notary Public,ftte of New York
Nowtio countyNotary ublic
Corm 2a,2011
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On thiOC day of September in the year 2014 before me, the undersigned,personally appeared
SCOTT A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his capacity and that by his signature on the instrument, the individual or the
person upon whose behalf of which the individual acted, executed the instrument.
Notary c
MICHELLE L. TOMASZEWSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01T06156671
Qualified In Suffolk County
My C®rnmful®n illplt64 NOVOMIDar 2f, 2014
10
TOWN OF SOUTHOLD
NORMAN KLIPP PARK BULKHEAD
GREENPORT,TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK
Prepared By:
TOWN OF SOUTHOLD
53095 Route 25
P.O. Box 1179
Southold, N.Y. 11971
TABLE OF CONTENTS
TOWN OF SOUTHOLD
NORMAN KLIPP PARK BULKHEAD
Title Page ------
Table of Contents ------
Invitation to Bid ------
Instructions to Bidders IB-1 thru I13-6
NYS Wage Rates ------
Standard Insurance Requirements SIR 1 thru SIR 3
General Conditions GC-1 thru GC-12
Conditions of Contract CC-1 thru CC-17
Proposal Form Package Proposal Form Package Pages 1 thru 9
Qualification of Bidders QS-1 thru QS-4
Contract Agreement A-I thru A-3
Specifications Division 1
NYSDEC General Permit GP-0-13-006 Six (6) Pages
Bulkhead Replacement Klipp Park Beach—Drawing SP-1
Bulkhead Replacement Klipp Park Beach—Drawing A-1
TOWN OF SOUTHOLD
53095 MAIN ROAD, SOUTHOLD, NEW YORK 11971
PHONE: 631-765-1560 /FAX: 631-765-9015
INVITATION TO BID
NOTICE IS HEREBY GIVEN THAT SEALED PROPOSALS ARE SOUGHT AND
REQUESTED FOR THE FOLLOWING:
BID NAME: `NORMAN KLIPP PARK BULKHEAD"
Definite specifications may be obtained at the Southold Town Clerk's Office beginning July 24,
2014
PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS:
TOWN OF SOUTHOLD August 7,2014 2:00 PM
TOWN CLERKS OFFICE
53095 MAIN ROAD
SOUTHOLD, NY 11971
CONTACT PERSON: Jamie Richter, R.A.
Town of Southold, 631-765-1560
VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES.
PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME &ADDRESS OF BIDDER
2) BID NAME
BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY.
It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and
General Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is
understood that the bidder has read, fully understands and will comply with said GENERAL
CONDITIONS and specification requirements.
The Town of Southold requires that this document be returned intact and that it be filled out
completely. Please do not remove any pages from this bid package, and make a copy of the bid
document for your records.
A non-mandatory pre-bidder's conference will be held at 10:00AM on July 31, 2014 at Norman Klipp
Park at the end of Manhanset Avenue in Greenport.
The Town of Southold welcomes and encourages minority and women-owned businesses to participate in
the bidding process.
INSTRUCTIONS TO BIDDERS
INDEX
1. Receipt and Opening of Bids
2. Form,Preparation and Presentation of Proposal
3. Bid Security
4. Qualifications of Bidders
5. Rejection of Bids
6. Bidders Responsibility
7. Construction Terms and Conditions
8. Time Limit to Complete Work
9. Bid Reservations
10. Non-Collusive Statement
11. Addenda and Interpretations
12. Method of Award
13. Single Price Bid Analysis
14. Municipal Exempt Status
15. Labor Law
16. Wage Rates
17. Insurance Required by the Town of Southold
18. Quantities
IB - 1
INSTRUCTIONS TO BIDDERS
I. RECEIPT AND OPENING OF BIDS
The Town of Southold invites bids on the forms herein provided to replace approximately 124'
of the bulkhead located at the end of Manhanset Avenue in Greenport, New York. Sealed bids
shall be received by the office of the Southold Town Clerk, 53095 Route 25 Southold, New
York 11971, no later than 2:00 PM prevailing time on August 7, 2014, at which time they will
be opened and publicly read aloud.
All bids received after the time stated for the opening in the Notice to Bidders may not be
considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay
in the mail or in the handling of the mail by employees of the Town. Whether sent by mail or by
means of personal delivery, the bidder assumes responsibility for having his bid deposited on
time at the place specified.Faxed bids will not be accepted.
2. FORM,PREPARATION AND PRESENTATION OF PROPOSAL
The Proposal Form as issued by the Town shall be completely filled in, in black ink or typed on
the original bid form. No photocopies will be accepted. All blank spaces for bid prices must be
filled in, in both words and figures, with a total or gross sum for which the bid is made. All lines
must have an indication of the bidder's response whether it be "0", "N/A", "No Charge", or a
dollar figure. All lines must be filled in to indicate bidder's acknowledgement of the request.
Bids that do not have all applicable lines filled in on the bid proposal form may be disqualified
as a non-responsive bid. We cannot assume there is "no charge"when lines are left empty. Bids
that contain any omission, erasure, alteration, addition or items not called for in the itemized bid
form or that contain irregularities of any kind will not be accepted. In case of discrepancy
between the unit price and total amount bid for any item, the unit price, as expressed in words,
shall govern.
The following two items will automatically render a bid unacceptable to the Town of Southold:
a. Failure to sign bid proposal page.
b. Failure to include necessary bid security deposit(as required).
It shall be fully understood that any deviations from the inclusion of the above items will be
grounds to see the bid as non-compliant and will not be considered for award.
3. BID SECURITY
(a) The Bid must be accompanied by a certified check on a solvent bank or trust company with
its principal place of business in New York State, or an acceptable bid bond, in an amount equal
to not less than five percent(5%) of the total amount bid,made payable to the Town of Southold
(herein identified as Owner), as assurance that the bid is made in good faith. The certified
checks or bid bonds of unsuccessful bidders will be returned after execution of the Contract
between the Owner and the successful bidder; the certified check or bid bond of the successful
bidder will be retained until the completion of ten percent(10%) of the work under the Contract.
(b) The successful bidder, upon his failure or refusal to execute and deliver the Contract required
IB - 2
INSTRUCTIONS TO BIDDERS
within ten (10) days after the date of notice of the acceptance of his bid, shall forfeit to the
Owner,as liquidated damages for such failure or refusal,the security he deposited with his bid.
4. QUALIFICATIONS OF BIDDERS
(a) Forms for qualifications of bidders, giving evidence of sufficient facilities, equipment,
experience and financial ability to insure completion of the work are provided with the bid
specification package, and shall be filled out by the contractor and returned with the bid
submission.
(b) Information contained in any statement of financial ability shall be not more than thirty
days old at the time of submission.
(c) The Town reserves the right to make such investigation as it may deem necessary or
advisable to determine any bidder's ability to do the work, and the bidder shall furnish to the
Town, on request, all data and information pertinent thereto. The Town reserves the right to
reject any bid if such investigation fails to satisfy the Town that the bidder is fully qualified to do
the work.Financial instability of a bidder may be cause for non-award.
5. REJECTION OF BIDS
(a) The TOWN BOARD reserves the right to reject any bid if the evidence submitted in the
qualifications statement or an investigation of such bidder fails to satisfy the TOWN BOARD
that such bidder is properly qualified to carry out the obligations of the Contract and to complete
the work contemplated therein. Conditional bids will be considered informal and will be
rejected.
(b) The TOWN BOARD reserves the right to reject any and all bids, in whole or in part, to
waive any informality in any or all bids, and to accept the bid or part thereof which it deems
most favorable to the Town after all bids have been examined and/or checked.
6. BIDDERS RESPONSIBILITY
(a) Bidders are cautioned not to submit bids until after having inspected the site of the proposed
improvement and having made themselves familiar with local conditions. The attention of
persons intending to submit bids is specifically called to the paragraph of the Contract which
debars a Contractor from pleading misunderstanding or deception because of estimates or
quantities, character, location or other conditions surrounding the same. Special attention is
called to the notes on the Plans and Specifications or in the itemized form of bid, which are
made a part of this Contract, which may alter or revise the Specifications for the particular
contract.
(b) No representation is made as to the existence or nonexistence of groundwater, which may in
any way impede the work, proposed to be accomplished. Each bidder shall fully inform himself
as to groundwater and sub-surface conditions prior to submitting his bid.
(c) The submission of a bid will be construed to mean that the bidder is fully informed as to the
extent, cost, and character of the materials, labor, and equipment required to complete the
IB - 3
INSTRUCTIONS TO BIDDERS
proposed job in accordance with the Plans and Specifications, including all other expenses
incidental thereto.
(d) Bidders must examine the Plans and Specifications and exercise their own judgement as to
the nature and amount of the whole of the work to be done, and for the bid prices, must assume
all risks of variance by whomsoever made in computation or statement of amounts or quantities
necessary to fully complete the work in strict compliance with the Contract Documents.
(e) The Bidder shall assume all risks and responsibility and shall complete the work in whatever
material and under whatever conditions he may encounter or create, without extra cost to the
Town.
(f)No pleas of ignorance or misunderstanding of conditions that exist or that may hereafter exist,
or of conditions or difficulties that may be encountered in the execution of the work under this
Contract, as a result of failure to make the necessary examinations and investigations, will be to
fulfill in every detail all of the requirements of the Contract Documents, or will be accepted as a
basis for any claims whatsoever for extra compensation, or for an extension of time.
7. CONSTRUCTION TERMS AND CONDITIONS
The successful bidder is warned that the work specified in the Conditions of Contract, together
with the Instructions to Bidders, Proposal Form, General Conditions, Plans, Specifications and
instructions of the Engineer or his duly authorized representative will be rigidly enforced.
8. TIME LIMIT TO COMPLETE WORK
The contractor shall complete the work within two (2)months of execution of the Contract.
9. BID RESERVATIONS
Bids submitted shall remain in effect for forty-five (45) days past the date of bid opening. This
period may be extended, for the benefit of the Town, by mutual agreement between the Bidder
and the Purchasing Agent.
10. NON-COLLUSIVE STATEMENT
The form of non-collusion bidding certification contained in the proposal package must be
executed by the Bidder and submitted with the proposal. The submission of this statement
certifies that the prices in this bid have been arrived at independently without collusion,
consultation, communication, or agreement for the purpose of restricting competition, as to any
matter relating to such prices with any other bidder or with any competitor.
11. ADDENDA AND INTERPRETATIONS
Every request for information or interpretation of the Contract Documents or Drawings must be
addressed in writing to the Town Engineering Department of Southold - 53095 Route 25, P.O.
IB -4
INSTRUCTIONS TO BIDDERS
Box 1179, Southold, New York 11971 or fax 631-765-9015, and to be given any consideration,
must be received at least five (5) days prior to the date fixed for the opening of bids. Any such
interpretations or supplemental instructions will be in the form of written addenda, and will be
mailed or faxed to all prospective bidders. The failure of any bidder to receive any such addenda
will not relieve the bidder of any obligation under his bid as submitted. Any addenda so issued
shall become part of the Contract Documents.
12. METHOD OF AWARD
The bid will be awarded to the lowest responsive, responsible bidder, as will best promote the
public interest, taking into consideration the reliability of the bidder, the quality of the materials,
equipment, or supplies to be furnished, and conformity with the specifications.
13. SINGLE PRICE BID ANALYSIS
In the event a single bid is received,the Town will conduct a price analysis of the bid price prior
to the award of the contract.
14. MUNICIPAL EXEMPT STATUS
The Town is exempt from the payment of Federal, State and local taxes. Taxes must not be
included in proposal prices.
15. LABOR LAW
The Contractor and each and every subcontractor performing work at the site of the project to
which this Contract relates shall comply with the applicable provisions of the Labor Law, as
amended, of the State of New York.
Attention is called to certain provisions of the Labor Law, as set forth in the Conditions of
Contract,Paragraph 11, which are hereby referred to and made a part hereof.
16. WAGE RATES
The rates of wages determined by the New York State Industrial Commissioner pursuant to the
Labor Law, which shall be paid on this project, are set forth herein following the Instructions to
Bidders.
Contractors and subcontractors are required to submit to the Town, within thirty days after
issuance of the first payroll, and every thirty days thereafter, a transcript of the original payroll
records, subscribed and affirmed as true under the penalties of perjury.
17. INSURANCE REQUIRED BY THE TOWN OF SOUTHOLD
The successful bidder will be required to procure and pay for the following types of insurance, as
IB - 5
INSTRUCTIONS TO BIDDERS
set forth in more detail herein following the Instructions to Bidders in the Standard Insurance
requirements Section.
(a)Comprehensive Automobile Policy
(b)Comprehensive General Liability
(c)Excess/Umbrella Insurance
(d)Owner's and Contractor's Protective Liability
(e)Workmen's Compensation Insurance
(f)Disability Insurance and Unemployment Insurance
18. QUANTITIES
Any quantities set forth in the bid specifications are approximations only. No guarantee is made
for any quantities stated. Payment shall be on the basis of actual quantities supplied or the actual
work done at the unit prices quoted.
113 - 6
THE PREVAILING WAGE CASE NUMBER ISSUED BY THE
NEW YORK STATE DEPARTMENT OF LABOR FOR THIS
PROJECT CAN BE FOUND ON THE NEXT PAGE. A
CURRENT PREVAILING WAGE SCHEDULE FOR THIS
PROJECT CAN BE OBTAINED DIRECTLY FROM THE
DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us
Andrew M.Cuomo,Governor G. �V� Peter M.Rivera,Commissioner
'yENT
Town of Southold Schedule Year 2014
James Richter,Engineer Date Requested 07/23/2014
53095 Main Road PRC# 2014006871
Southold NY 11071
Location Klipp Park/Gull Pond
Project ID#
Project Type Replacement of approximately one hundred twenty four(124')linear feet of Timber Bulkhead at the Channel
entrance of Gull Pond in Greenport.
PREVAILING WAGE SCHEDULE FOR ARTICLE 8 PUBLIC WORK PROJECT
Attached is the current schedule(s) of the prevailing wage rates and prevailing hourly
supplements for the project referenced above. A unique Prevailing Wage Case Number
(PRC#) has been assigned to the schedule(s) for your project.
The schedule is effective from July 2014 through June 2015. All updates, corrections, posted
on the 1st business day of each month, and future copies of the annual determination are
available on the Department's website www.labor.state.ny.us. Updated PDF copies of
your schedule can be accessed by entering your assigned PRC# at the proper location on
the website.
It is the responsibility of the contracting agency or its agent to annex and make part, the
attached schedule, to the specifications for this project, when it is advertised for bids and /or
to forward said schedules to the successful bidder(s), immediately upon receipt, in order to
insure the proper payment of wages.
Please refer to the "General Provisions of Laws Covering Workers on Public Work
Contracts" provided with this schedule, for the specific details relating to other
responsibilities of the Department of Jurisdiction.
Upon completion or cancellation of this project, enter the required information and mail OR
fax this form to the office shown at the bottom of this notice, OR fill out the electronic
version via the NYSDOL website.
NOTICE OF COMPLETION / CANCELLATION OF PROJECT
Date Completed: Date Cancelled:
Name&Title of Representative:
Phone: (518)457-5589 Fax: (518)485-1870
W.Averell Harriman State Office Campus, Bldg. 12, Room 130,Albany, NY 12240
www.labor.state.ny.us. PW 200 PWAsk@labor.state.ny.us
STANDARD INSURANCE REQUIREMENTS
TOWN OF SOUTHOLD CONTRACT INSURANCE REQUIREMENTS
INSURANCE IDENTIFICATION: THE BID NUMBER IS TO APPEAR ON ALL INSURANCE
CERTIFICATES
INDEPENDENT CONTRACTOR: The Corporation/Contractor/Agency/Consultant, is an independent
contractor and covenants and agrees that it, its agents, servants and/or employees will neither hold
itself/themselves out as, nor claim to be an employee, servant or agent of the TOWN OF SOUTHOLD,
and that it, its agents and employees will not make claim, demand or application to or for any right or
privilege applicable to an officer or employee of the TOWN OF SOUTHOLD including, but not limited
to Worker's Compensation coverage, Unemployment Insurance benefits, Social Security coverage or
retirement membership or credit.
INSURANCE: Contractor/vendor shall not commence work under this contract until he has obtained
all insurance required under the following paragraphs, and the Town of Southold has approved such
insurance.
WORKERS' COMPENSATION: Contractor/vendor shall take out and maintain during the life of this
contract, such insurance as will protect both the owner and the contractor from claims under worker's
compensation acts and amendments thereto and from any other claims for property damage and for
personal injury including death, which may arise from operations under this contract, whether such
operations by contractor or by any other party directly or indirectly employed by the contractor. Copy of
Certificate to be provided to the Town of Southold.
DISABILITY INSURANCE & UNEMPLOYMENT INSURANCE: Contractor/vendor shall take out
and maintain during the entire term of the contract any disability benefits and unemployment insurance as
required by law. Copy of Certificate to be provided to the Town of Southold.
GENERAL LIABILITY INSURANCE: The contractor/vendor shall take out and maintain during
the life of the contract, such bodily injury liability and property damage liability insurance as shall protect
him and the Town from claims for damages for bodily injury including accidental death, as well as from
claims for property damage which may arise from operations under this contract,whether such operations
be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them. It
shall be the responsibility of the contractor/vendor to maintain such insurance in amounts sufficient to
fully protect himself and the Town, but in no instance shall amounts be less than those set forth below.
These amounts are specified only to establish the minimum coverage acceptable.
Bodily injury liability and property damage liability insurance in an amount not less than
$1,000,000 (one million dollars) for damages on account of any one accident, and in an amount of
not less than $2,000,000(two million dollars) on account of all accidents (general aggregate).
SIR- 1
STANDARD INSURANCE REQUIREMENTS
OTHER CONDITIONS OF COMMERCIAL GENERAL LIABILITY INSURANCE:
1. Coverage shall be written on commercial general liability form.
2. Coverage shall include:
A. Contractual liability
B. Independent contractors
C. Products and completed operations
AUTOMOBILE LIABILITY INSURANCE: Automobile bodily injury liability and property damage
liability insurance shall be provided by the contractor/vendor with a minimum combined single limit(CSL)
of$1,000,000(one million dollars).
OTHER CONDITIONS OF AUTOMOBILE LIABILITY INSURANCE:
I. Coverage shall include:
A. All owned vehicles
B. Hired car and non-ownership liability coverage
C. Statutory no-fault coverage
ADDITIONAL CONDITIONS OF INSURANCE:
1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested
by the Town.
2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of
the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less
than 10 days prior to the date and time of cancellation or non-renewal.
CERTIFICATE OF INSURANCE:
The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract, a
certificate of insurance.
1. Certificate of insurance shall include:
A. Name and address of insured B. Issue date of certificate
C. Insurance company name D. Type of coverage in effect
E. Policy number F. Inception and expiration dates of policies included
G. Limits of liability for all policies on certificate.
included on certificate
SIR - 2
STANDARD INSURANCE REQUIREMENTS
Description of operations/locations/etc. Box must include the statement:
"THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED"
CERTIFICATE HOLDER SHALL BE LISTED AS:
TOWN OF SOUTHOLD
53095 ROUTE 25, P.O. BOX 1179
SOUTHOLD, NY 11971
2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during
the life of the contact, the Town shall be provided with a new certificate indicating the replacement
policy information as requested above. Thirty days (30) prior written notice to the Town of
Southold for cancellation is applicable.
SIR - 3
GENERAL CONDITIONS
INDEX
1. Definitions of Terms
2. Standards of Workmanship
3. Samples
4. Manufactured Materials
5. Laboratory
6. Shop Drawings
7. Permits
8. Plans and Specifications
9. Cutting, Patching and Digging
10. Errors, Omissions and Discrepancies
11. Temporary Toilet
12. Proper Method of Work and Proper Materials
13. Inspection
14. Waiver
15. Water and Electric Power
16. Machinery and Equipment
17. Maintenance
18. Schedule of Operations
19. Right to Use Work
20. Notice of Warning
21. Warning Signs
22. Accident Prevention
23. Damages
24. Maintenance of Traffic
25. Final Site Cleaning
26. Protection of Land Markers, Trees, Shrubs,and Property
27. Protection of Utilities
28. No Damages for Delay
29. Record Keeping
30. Subcontractors and Suppliers
31. Penal Law
GC - 1
GENERAL CONDITIONS
1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the
Specifications, it is understood that they have the meaning defined below:
PLANS: All official drawings or reproductions of drawings pertaining to the work or to any
structure connected therewith.
SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this
document, together with all documents of any description and agreements made (or to be made)
pertaining to the methods or manner of performing the work and/or to the quantities and quality of
materials to be furnished and accepted under this Contract.
OWNER: Shall mean Town Board,Town of Southold.
ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the
Owner in the execution of the work covered by the consultants and assistants engaged by the Owner
and the Engineer to the extent of the particular duties entrusted to them.
CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to
Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions,
Special Conditions, Specifications, Construction Drawings, Addenda, Performance Bonds, and all
supplemental agreements made or to be made.
CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or
any combination thereof, and successor, personal representatives, executors, administrators and
assigns, and any person, firm or corporation who or which shall at any time be substituted in place
of the second part under this Contract.
INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any
and all necessary inspections of the work performed and the materials furnished by the Contract.
MATERIALS: Any approved materials acceptable to the Engineer and conforming to the
requirements of these Specifications.
WORK: All of the work proposed to be accomplished at the site of the project, and all such other
work as is in any manner required to accomplish the complete project. This includes all plant,
labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental
to the carrying out and completion of the terms of this Contract. The term "work performed" shall
be construed to include the material delivered to and suitably stored at the site of the project.
2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any
detail or an apparent omission from them of a detailed description concerning any work to be done
and materials to be furnished shall be regarded as meaning that only the best general practice
observed in the latest current construction work is to prevail and that only material and
workmanship of first quality is to be used in this connection and all interpretations of these
Specifications shall be made upon this basis.
GC - 2
GENERAL CONDITIONS
I SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall
be in accordance with approved samples.
Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of
materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if
necessary,to permit a resubmission of samples to the Engineer until approval is given.
Work and material shall be furnished and executed in accordance with approved samples, in every
aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date
and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate
size to show quality, type, color, range and finish and texture of material. Materials shall not be
ordered until approval is received in writing from Engineer.
4. MANUFACTURED MATERIALS: Where several materials are specified by name, the
Engineer shall have the right, before execution of the Contract, to require any and all bidders to
state the materials upon which they based their bid. Where any materials are specified by name or
trade name, or by catalog number of a company or companies, the Contractor shall furnish the
article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should
Contractor desire to substitute another material for one or more specified by name,he shall apply in
writing for such permission and state credit or extra involved. He shall also provide supporting data
and samples for Engineer's consideration.
Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be
applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the
manufacturer and including the necessary preparation to properly install the work. Where reference
is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as
required.
The materials used in construction shall be disposed as not to endanger the work, and so that full
access may at all times be had to partly completed work and structures and they shall be so disposed
as to cause no injury to those having access to the work or any of the units.
All labor shall be performed in the best and most workmanlike manner by mechanics skilled in
their respective trades. Standards of work required throughout shall be of such grades as will bring
first-class results only. The type of labor employed by the Contractor shall be such as will insure
the uninterrupted continuity of the entire work, without conflict of any kind.
5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to
be used under the Contract. Where tests are made by other than the designated laboratories, two
certified copies showing correctly the chemical analysis and physical tests shall be furnished to the
Engineer.
6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop
drawings and schedules and no work shall be fabricated until his approval has been given. All shop
drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of
approval evidencing that the drawings have been checked.
GC - 3
GENERAL CONDITIONS
The Contractor will make any corrections in the drawings required by the Engineer and will file
with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules
shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting
drawings or schedules; or(b) deviations from Plans and Specifications unless the Contractor, at the
time of submission of said drawings and schedules, has given notice to the Engineer of any such
deviations.
7. PERMITS:
7.1 Municipal: All work in connection with the installation of pipes or other underground
structures of a like nature either within or without the limits of the highway, shall follow all the
provisions as contained herein together with the provisions, as they apply, of the Highway Law
(Town Code)with all subsequent changes, additions or corrections thereto.
A. The Contractor shall obtain from the Building Department a certificate of occupancy,
whenever the scope of work of the Contract provides for the construction of a building or structure,
or for modification or alteration of a building or structure, so that a certificate of occupancy, or a
revised certificate of occupancy is required under state and/or local law.
The Owner shall be responsible for obtaining the building permit and permit(s) pre-requisite
thereto, including but not limited to the following, unless Contractor is specifically required to
obtain the same pursuant to other provisions of this document:
(1) Demolition permit
(2) Building permit
(2) Fire prevention permit
(3) Health Department/Application to construct
a) Sanitary system including SPDES permit
b) Hazardous materials storage
The following additional permits when required under law shall also be obtained by the Owner:
(1) NYSDEC permit(s)
(2) Town Division of Environmental Protection
(3) U.S. Army Corp of Engineers
The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and
conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be
responsible for acquisition of all pertinent information necessary for such compliance.
The Contractor shall be responsible for: (1) Coordinating all building department and other
department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health
Department inspections and approvals, (4) Obtaining final certificate of occupancy.
On projects involving multiple contracts, it shall be the responsibility of the "General Contractor"
GC -4
GENERAL CONDITIONS
to coordinate with the building department and other agencies and to obtain the certificate of
occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than
the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the
scope of their contract with the G.C., and/or as may be appropriate, directly with the approving
agency.
In the event that one or more of the contractors on a multi-contract project fails to perform the work
in a timely manner, thereby causing undue delay in the completion of the project, and the issuance
of the certificate of occupancy, the owner shall in that event, have the option to exercise "The
owners right to stop work or terminate contract" as provided for in the conditions of the contract.
B. Pipes and Underground Structures: All work in connection with the installation of pipes or
other underground structures of a like nature either within or without the limits of the highway,
shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards)
with all subsequent changes, additions or corrections thereto.
C. Any work to be performed within the Town Highway right-of-way will require a Town
Highway Department road-opening permit.
Obtaining of the permit and subsequent release/approval shall be the responsibility of the
Contractor.
Acceptance of the contractor's performance bond in lieu of the Contractors road-opening bond shall
be at the option of the Highway Department.
7.2 Suffolk County: All permits required for opening County roads and making connections with
County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job
at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any
County road or make any connection to any County drain until he has been supplied with this
permit.
(a) Department of Public Works
All permits required for opening County roads and making connections with County drains, will be
obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be
supplied to the Contractor. The Contractor will not be permitted to open any County road or make
any connection to any County drain until he has been supplied with this permit.
The Contractor shall be responsible for conformance to all conditions of the permit and for the
subsequent release/approval.
(b) Department of Health Services:
The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits
described in paragraph 7.IA.
GC - 5
GENERAL CONDITIONS
7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits
whenever the Contract requires any work to be done within or upon existing State highway right-of-
ways. These permits shall be obtained from the District Office in Hauppauge prior to the
performance of the work. Upon application for the permit, the Contractor will be required to
supply the following:
(1) Three (3) copies of a sketch or print showing description and location of the proposed work.
The Engineer will supply these prints to the Contractor.
(2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be
furnished in amounts and manner as required by the State of New York. The contingent protective
liability and completed operations liability insurance policy to cover:
"The people of the State of New York and/or the Superintendent of Public Works covering liability
arising with respect to all operations through highway permits by permittee or by anyone acting by,
through or for the permittee, including omissions and supervisory acts of the State", in the amount
of personal injury(including death) and property damage as required.
S. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans
and Specifications giving all the details and dimensions necessary for carrying out the work. One
copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site.
Anything shown on the Plans and not mentioned in the Specifications or mentioned in the
Specifications and not shown on the Plans and all the work and materials necessary for the
completion of the work according to the intent and meaning of the Contract shall be furnished,
performed and done as if the same were both mentioned in the Specifications and shown on the
Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy
between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer,
whose decision thereon shall be conclusive.
In the event the meaning of any portion of the Specifications or Drawings or any supplementary
drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the
best type of construction, both as to materials and workmanship, which reasonably can be
interpreted.
All materials and workmanship must be strictly in accordance with the Specifications.
The Plans show approximate size, arrangement and location of the proposed work. The Engineer
will give base lines, grades, shapes and dimensions and the Contractor shall construct the work
exactly in accordance with such instructions of the Engineer subject, however, to change as
provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the
Contractor".
Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor
at cost of reproduction.
The Contractor shall furnish to each of the subcontractors and materialmen such copies of the
Contract Documents as may be required for their work.
GC -6
GENERAL CONDITIONS
9. CUTTING_, PATCHING AND DIGGING• The Contractor shall do all cutting, fitting or
patching of his work that may be required to make its several parts come together properly and fit it
to receive or be received by work of other contractors shown upon or reasonably implied by
Drawings and Specifications for the completed structure, and he shall make good after them as
Engineer may direct.
Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor.
The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or
alter the work of any other contractor save with the consent of the Engineer.
10. ERRORS,OMISSIONS AND DISCREPANCIES•
a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other
documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or
documents, notify the Engineer in writing of such errors or omissions. In the event of the
Contractor's failing to give such notice, he will be held responsible for the results of any such errors
or omissions and the cost of rectifying the same.
b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in
such a manner as will make it impossible to produce a first class piece of work, or should
discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the
Engineer for interpretation before proceeding with the work. If the Contractor fails to make such
references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work
in satisfactory manner as directed.
c) Should a conflict occur in or between the Drawings and Specifications and/or existing
conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing
the work, unless he shall have asked for and obtained a decision in writing from the Engineer,
before the submission of bids, as to which method or material will produce the results to the best
interest of the Town.
11. TEMPORARY TOILET: The Contractor shall provide and maintain a sanitary temporary
toilet. The temporary toilet shall be enclosed and weatherproof and kept in a sanitary condition at
all times. Upon removal of the temporary outside toilet,the vault shall be disinfected, filled and all
evidence of the toilet removed from the site.
12. PROPER METHOD OF WORK AND PROPER MATERIALS: The Engineer shall have
the power in general to direct the order and sequence of the work, which shall be such as to permit
the entire work under this Contract to be begun and to proceed as rapidly as possible and such as to
bring the several parts of the work to a successful completion at about the same time.
If at any time before the commencement or during the progress of the work the materials and
appliances used or to be used appear to the Engineer as insufficient or improper for assuring the
quality of the work required, or the required rate of progress, he may order the Contractor to
increase their efficiency or to improve their character, and the failure of the Engineer to demand any
GC - 7
GENERAL CONDITIONS
increase of such efficiency or improvement shall not release the Contractor from his obligation to
secure the quality of work or the rate of progress specified.
During freezing or inclement weather, no work shall be done except such as can be done
satisfactorily and in a manner to secure first-class construction throughout. All work shall be done
in such a manner as will properly protect and support existing permanent structures,pipe lines, etc.
13. INSPECTION: Inspectors shall be authorized to inspect all work done on materials furnished.
Such inspections may extend to all parts of the work and to the preparation or manufacture of the
materials to be used. In case of any dispute arising between the Contractor and the Inspector as to
materials furnished or the manner of performing the work, the Inspector shall have the authority to
reject material or suspend the work until the question at issue shall be referred to and decided by the
Engineer. The Inspector shall not be authorized to revoke, alter, enlarge, relax or release any
requirements of these Specifications, nor to approve or accept any portion of the work, nor to issue
instruction contrary to the Plans and Specifications. The Inspector shall in no case act as foreman
or perform other duties for the Contractor or interfere with the management of the work by the
latter.
Any advice, which the Inspector may give the Contractor, shall in no way be construed as binding
the Engineer nor the Owner in any way nor releasing the Contractor from the fulfillment of the
terms of the Contract.
The Contractor shall be conclusively presumed to be acquainted with all existing conditions and to
guarantee that all work and materials shall, upon final completion of the work, be turned over to the
Owner in a complete and perfect condition and he shall be responsible for the proper care,
maintenance and protection of all work and material until his entire Contract is completed and all
work and materials found in good condition and accepted. The Contractor will be held responsible
for the entire work until completed and accepted by the Engineer and the Owner.
The Contractor shall, at all times, provide the Owners, Engineer, assistants and inspectors under
him with necessary facilities for determining both on the work and at the places of manufacture,
that all work being performed and all materials being manufactured are strictly in accord with the
Contract. Until acceptance of work by the Owner, the Contractor shall be responsible for all
damages to the work including action of the elements or any other cause whatsoever. The
Contractor shall continuously and adequately protect the work against damage from any cause.
14. WAIVER: Neither the inspection by the Owner or Engineer or any part of their employees nor
any order, measurement or certificate by the Engineer nor any order by the Owner for the payment
of any money nor any payment for or acceptance of, the whole or any part of the work by the
Engineer or the Owner nor any extension of time nor any possession taken by the Owner or its
employees shall operate as a waiver of any provision of this Contract or of any power herein
reserved to the Owner or any right to damages herein provided; nor shall any waiver of any breach
of the Contract constitute a waiver of any subsequent breach. Any remedy provided in this Contract
shall be construed as cumulative; that is in addition to each and every remedy herein provided.
GC - 8
GENERAL CONDITIONS
15. WATER AND ELECTRIC POWER: All water and electric power supply for construction
purposes must be provided by the Contractor. The cost shall be borne by the Contractor.
16. MACHINERY AND EQUIPMENT• All machinery, equipment, trucks and vehicles used in
the prosecution of the work or in connection therewith, shall at all times be in proper working
condition.
The Contractor shall be responsible for curtailing noise, smoke, fumes or any other nuisance
resulting from his operations. He shall, upon written notification from the Engineer, make any
repairs, replacements, adjustments, additions, and furnish mufflers when necessary to fulfill these
requirements.
17. MAINTENANCE: If, within one year from the date of issuance of the Final Certificate, any
portion of the work shall, in the opinion of the Owner, require repairing, replacing, or rebuilding,
the Contractor shall start such repairs within five (5) days after the receipt of notice from the
Owner, and if the Contractor shall fail or neglect to start such repairs within the said five (5) days,
the Owner may employ such other person or persons as they deem proper to make such repairs and
pay the expense thereof out of any sum retained by them, provided nothing herein contained shall
limit the liability of the Contractor or his Surety to the Owner for nonperformance of the
Contractor's obligations at any time.
18. SCHEDULE OF OPERATIONS: Within 5 days after the signing of the Contract, the
Contractor shall submit a proposed program of operations, showing clearly how he proposes to
conduct the work so as to bring about the completion of his work within the time limit specified.
This program shall outline the proposed sequence of operations, the rates of progress and the dates
when his work will be sufficiently advanced to permit the installation of work under this Contract.
19. RIGHT TO USE WORK: The Owner may enter upon and use the whole or any portion of
the work, which may be in condition to use any time previous to its final acceptance by the Owner.
Such use shall not constitute or be evidence of acceptance by the Owner or the Engineer of the
whole or any part of the material furnished or work performed under the Contract.
20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons
supplying labor or materials for the work, or refuse or fail to supply enough properly skilled
workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such
diligence as will insure its completion within the period herein specified (or any duly authorized
extension thereof) or fail to complete the work within said period or fail or refuse to regard laws,
ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail
to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the
Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof,
the Owner shall have the right to terminate the Contract.
21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and
detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and
excavations shall be marked with not less than two lights, which shall be not more than 4 feet apart.
All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise.
GC - 9
GENERAL CONDITIONS
22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall
exercise all reasonable precautions for the protection of persons and property. The safety
provisions of applicable laws, building and construction codes shall be observed. Machinery,
equipment and all other physical hazards shall be guarded in accordance with the safety provisions
of the Manual of Accident Prevention in Construction published by the Associated General
Contractors of America to the extent that such provisions are not inconsistent with Federal, State or
Municipal laws or regulations.
If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the
Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any
operation, practice or condition shall be promptly discontinued and before the affected part of the
work is resumed,remedial action taken.
The Owner reserves the right to remedy any neglect on the part of Contractor as regards the
protection of the work which may come to its attention, after 24 hours'notice in writing; except that
in cases of emergency it shall have the right to remedy any neglect without notice, and in either case
to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing
paragraphs shall be construed as relieving the Contractor from full responsibility at all times for
safe prosecution of the work.
23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any
cause connected with the Contract and shall indemnify and save harmless the Owner from any and
all claims and any and all liability or responsibility of every nature and kind for any loss, damage or
injury which may be brought against the Owner or any of its officers or agents, by reason of, or
connected with the work or materials furnished under the Contract and shall pay all costs and
expenses of every kind, character, and nature whatever, occurring upon or arising out of the
Contract.
24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the
time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it
should become necessary, because of the lateness of the season, or any other reason to stop the
work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary
structures where necessary,prepare the roads so there will be minimum interference with traffic, set
up and maintain a competent organization as directed by the Engineer,to keep the highways in first
class condition for traffic, and take every precaution to prevent any damage or unreasonable
deterioration of the work during the time it is closed.
25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall
prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be
cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as
called for in the items of the Specifications shall be complete in every detail. The Contractor shall
clean all construction areas free from accumulated forms, excavation fill, construction materials and
construction shanties. All areas shall be completed in every detail and shall be broom cleaned from
excess dirt and materials.
GC - 10
GENERAL CONDITIONS
26. PROTECTION OF LAND MARKERS,TREES, SHRUBS,AND PROPERTY: Wherever
in the conduct of the work, a monument marking a point of public or private survey is encountered
or brought to view by excavation; the fact shall at once be communicated to the Engineer. In no
case shall the Contractor remove the same until the location for resetting shall have been made by
the Engineer. All monuments or land markings exposed to view when the work is first undertaken
shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of
position of the same.
The unit price of all items shall include the cost of restoring to its former condition any sidewalks or
curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction.
No additional payment will be made.
The Contractor is required at his own expense to obtain any and all permits for use of private
property if he uses such property for storage, transportation or accomplishment of the work under
the Contract. Private property shall be cleaned up neatly, any damage repaired and premises
restored to their original condition.
27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence
of structures of municipal and other public service corporations on or adjoining the site of the work,
and give reasonable opportunity to and cooperation with the owners of these utilities in the work of
reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to
delay or interfere as little as practicable with the work of the Contractor. Any additional cost of
various items of work because of these utilities shall be included in the price bid for these items.
The Engineer shall direct the public utility corporations to shift or remove those utility structures
that may be necessary to permit the Contractor to carry out the work in accordance with the Plans.
The Contractor shall not remove or cause to be removed, any structure or part of a structure owned
by a public utility corporation without the approval of the Engineer.
The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface
or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible
for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a
way as to delay or interfere as little as practicable with the work of the utility corporation.
28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the
Contractor agrees to make no claim for damages for delay in the performance of this Contract
occasioned by any act of the Town or any of its representatives, and agrees that any such claim
shall be fully compensated for by an extension of time to complete performance of the work as
provided herein. This provision shall not apply to any act or omission to act of the Town or any
of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the
Contractor in the performance of this Contract.
29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate
books, records, documents, accounts and other evidence directly pertinent to performance under
this contract (hereinafter the "records"). The records must be kept for the balance of the contract
term and for six (6)years thereafter.
GC - 11
GENERAL CONDITIONS
34. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the
Engineer of notice to begin work, the Contractor will furnish written notice of names of all
subcontractors to be employed on the project and the general items of work to be done by them.
Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to
be used on the project. The Owner may disapprove for good cause any subcontractor or material
supplier selected by the Contractor by giving written notice of its disapproval within five (5) days
after receiving the names of subcontractors and material suppliers, to the Contractor who shall
thereupon promptly notify the Owner of the names of the subcontractor or material supplier
selected in replacement which shall again be subject to approval by the Owner.
31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows:
Construction or blastin near pipes conveying combustible gas
No person shall discharge explosives in the ground,nor shall any person other than a state or county
employee regularly engaged in the maintenance and repair thereof excavate in any then existing
street, highway, or public place, unless notice thereof in writing shall have been given at least
seventy-two hours in advance to the person, corporation or municipality engaged in the distribution
of gas in such territory. The person having direction or control of such work shall give such notice,
and further he shall ascertain whether there is within one hundred feet in such street, highway or
public place, or in the case of a proposed discharge of explosives within a radius of two hundred
feet of such discharge, any pipe of any other person, corporation or municipality conveying
combustible gas, and if thereby any such pipe, he shall also give such notice to any other such
person, corporation or municipality. Provided, however,that in any emergency involving danger to
life, health, or property it shall be lawful to excavate without using explosives if the notices
prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a
person or persons from an immediate and substantial danger of death or serious personal injury if
such notices are given before any such discharge is undertaken. Any such work shall be performed
in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the
provisions of this section shall be a misdemeanor.
GC - 12
CONDITIONS OF CONTRACT
INDEX
1. Contract Documents and Definitions
2. Scope of the Work
3. Compensation to be paid to the Contractor
4. Time of Essence
S. Commencement of Work
6. Time of Completion
7. Liquidated Damages for Delays
8. Extension of Time. No Waiver
9. Weather
10. Laws and Ordinances
H. Qualifications for Employment
12. Non-Discrimination
13. Payment of Employees
14. Estimates and Payments
15. Acceptance of Final Payment Constitutes Release
16. Construction Reports
17. Inspection and Tests
18. Plans and Specifications: Interpretations
19. Subsurface Conditions Found Different
20. Contractor's Title to Materials
21. Superintendence by Contractor
22. Protection of Work,Persons and Property
23. Representations of Contractor
24. Patent Rights
25. Authority of the Engineer
26. Changes and Alterations
27. Correction of Work
28. Weather Conditions
29. The Owner's Right to Withhold Payments
30. The Owner's Right to Stop Work or Terminate Contract
31. Contractor's Right to Stop Work or Terminate Contract
32. Responsibility for Work
33. Use of Premises and Removal of Debris
34. Suits of Law
35. Power of the Contractor to Act in an Emergency
36. Provisions Required by Law Deemed Inserted
37. Subletting, Successor and Assigns
38. General Municipal Law Clause
39. Grades,Lines,Levels,and Surveys
40. Insurance Requirements
41. Foreign Contractors
42. Lien Law
43. Refusal to Waive Immunity
44. Exemption from Sales and Use Tax
CC - 1
CONDITIONS OF CONTRACT
L CONTRACT DOCUMENTS AND DEFINITIONS
The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General
Conditions, Specifications, Form of Contract, Construction Drawings, together with any
Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the
parties hereto, as if they were herein fully set forth. The table of contents, titles, heading,
headlines, and marginal notes contained herein are solely to facilitate reference to various
provisions of the Contract Documents and in no way affect, limit or cast light upon the
interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is
used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form,
Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction
Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of
the Contract and those of the Specifications,the provisions of this Contract shall govern.
Extra Work: The term "extra work", as used herein, refers to and includes all work required by
the Owner, which in the judgement of the Engineer involves changes in or additions to work
required by the Plans, Specifications and any Addenda in their present form and which is not
covered by a specific unit price in the Form of Bid.
Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying
labor and material for work at the site of the project but not including the parties to this Contract.
Notice: The term "notice", as used herein, shall mean and include written notice. Written notice
shall be deemed to have been duly served when delivered to, or at last known business address
of, the person, firm or corporation for whom intended, or his,their, or its duly authorized agents,
representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed
to such person, firm or corporation at his, their or its last known business address and deposited
in a United States mailbox.
Directed. Required Approved Acceptable: Whenever they refer to the work or its performance,
"directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like
import shall imply the direction, requirement, permission, order, designation or prescription of
the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgement of', and words of
like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgement of the
Engineer.
2. SCOPE OF THE WORK
The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities
and things necessary or proper for, or incidental to, the work contemplated by this Contract as
required by, and in strict accordance with the applicable Plans, Specifications and Addenda
prepared by the Engineer and/or required by, and in strict accordance with, such changes as are
ordered and approved pursuant to this Contract, and will perform all other obligations imposed
on him by this Contract.
CC - 2
CONDITIONS OF CONTRACT
3. COMPENSATION TO BE PAID TO THE CONTRACTOR
(a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full
the summation of products of the actual quantities in place upon the completion of the work, as
determined by the Engineer's measurements, by the unit prices bid,no allowance being made for
anticipated profit or for reasons of variations from the estimated quantities set forth in the Form
of Bid.
(b) Extra Work: The Owner may, at any time, by a written order and without notice to the
Sureties, require the performance of such extra work or changes in the work as it may find
necessary or desirable. The amount of compensation to be paid to the Contractor for any extra
work, as so ordered, shall be determined as follows:
1)By such applicable unit prices,if any,as set forth in the Contract; or
2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon
by the Owner and the Contractor; or
3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump
sum; then by actual net cost in money to the Contractor of the materials, permits, wages of
applied labor,premiums for Workmen's Compensation Insurance, payroll taxes required by law,
rental for plant and equipment used (excluding small tools) to which total cost will be added
twenty (20) percent as full compensation for all other items of profit, costs and expenses,
including administration, overhead, superintendence, insurance, insurance other than Workmen's
Compensation Insurance, materials used in temporary structures, allowances made by the
Contractor to subcontractors and the use of small tools.
4. TIME OF ESSENCE
INASMUCH AS THE PROVISIONS OF THIS CONTRACT RELATING TO THE TIME OF
PERFORMANCE AND COMPLETION OF THE WORK ARE FOR THE PURPOSE OF
ENABLING THE TOWN TO PROCEED WITH THE CONSTRUCTION OF A PUBLIC
IMPROVEMENT IN ACCORDANCE WITH A PREDETERMINED PROGRAM, SUCH
PROVISIONS ARE OF THE ESSENCE OF THIS CONTRACT.
5. COMMENCEMENT OF WORK
The Contractor agrees that he will commence work immediately on and not later than ten (10)
days after signing of the Contract.
6. TIME OF COMPLETION
The time of completion of the entire contract work shall be SIXTY (60) DAYS from the date
the contract is signed by all parties. The date of such completion shall be the date of the
Certification of Completion herein specified. The entire work must be satisfactorily completed
so that the project improvements are available to the Town for use.
The Owner reserves the right to order the Contractor to suspend operations, when in the opinion
CC - 3
CONDITIONS OF CONTRACT
of the Engineer, improper weather conditions make such action advisable, and to order the
Contractor to resume operations when weather and ground conditions permit. The days during
which such suspension of work is in force are not chargeable against the specified completion
date.
7. LIQUIDATED DAMAGES FOR DELAYS
The time limit being essential to and of the essence of this Contract, the Contractor hereby
agrees that the Owner shall be, and is hereby authorized to deduct and retain out of the money
which may be due or may become due to said Contractor under this agreement, the sum of One
Hundred Dollars ($100.00) per day which amount is hereby agreed upon, fixed and determined
by the parties hereto as the liquidated damages, including overhead charges, services, inspector's
wages and interest on the money invested, that the Owner will suffer by reason of such default,
for each and every day during which the aforesaid work may be incomplete over and beyond the
time herein stipulated for its completion in 6—Time of Completion,provided, however, that the
Owner shall have the right to extend the time for the completion of said work.
8. EXTENSIONS OF TIME. NO WAIVER
If the Contractor shall be delayed in the completion of his work by reason of unforeseeable
causes beyond his control and without his fault or negligence, including but not restricted to,acts
of God or of the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, riots,
civil commotion's or freight embargoes, the period herein above specified for completion of his
work shall be extended by such time as shall be fixed by the Owner.
No such extension of time shall be considered a waiver by the Owner of its right to terminate the
Contract for abandonment or delay by the Contractor as hereinafter provided, or relieve the
Contractor from full responsibility for performance of his obligations hereunder.
9. WEATHER
During unsuitable weather, all work must stop when such work would be subject to injury and
the Contractor shall transfer his men and materials to those parts of the work where weather
conditions will not have any effect on the workmanship. The Contractor shall not be entitled to
any damages on account of such damages or suspension, and he must protect any work that
might be injured by the elements and make good any work that is injured.
10. LAWS AND ORDINANCES
In the execution of the Contract, the Contractor shall comply and obey all federal, state, county
and local laws, ordinances, codes and regulations relating to the performance of the Contract,
including but not limited to, labor employed thereon, materials supplied, obstructing streets and
highways, maintaining signals, storing, handling and use of explosives and all other general
ordinances and state statutes affecting him or his employees or his work hereunder in his
relations with the Municipality or any other persons, and also all laws, codes, ordinances
controlling or limiting the Contractor while engaged in executing the work under the Contract.
CC - 4
CONDITIONS OF CONTRACT
As a condition of the Contract, the Contractor shall and does hereby agree to comply with all
requirements of the labor laws of the State of New York.
The Contractor shall comply with the provisions of Sections 291-299 of the Executive Law and
Civil Rights Law, shall furnish all information and reports deemed necessary by the State
Commission for Human Rights, the Attorney General and the Industrial Commissioner for
purposes of investigation to ascertain compliance with such sections of the Executive Law and
Civil Rights Law.
The Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the
contracting agency upon the basis of a finding made by the State Commission for Human Rights
that the Contractor has not complied with these laws.
The Contractor hereby expressly agrees to comply with all the provisions of the Labor Law and
any and all amendments thereto, insofar as the same are applicable to this Contract. The Labor
Law, as amended, provides that no laborer, workman or mechanic in the employ of the
Contractor, subcontractor or other person doing or contracting to do the whole or a part of the
work contemplated by this Contract, shall be permitted or required to work more than eight (8)
hours in any one (1) calendar day, except in cases of extraordinary emergency caused by fire,
flood or danger to life or property; that no such person shall be employed more than eight (8)
hours in any day or more than five (5) days in any week expect in such emergency; that the
wages to be paid for a legal day's work as herein before defined, to laborers, workmen or
mechanics upon the work called for under this Contract or upon any material used upon, or in
connection therewith, shall not be less than the prevailing rate for a day's work in the same trade
or occupation in the locality within the state where such work is to be done and each laborer,
workman or mechanic employed by the Contractor, subcontractor or other person about or upon
the work shall be paid the wages herein provided; that employees engaged in the construction,
maintenance, and repair of highways and in water works construction outside the limits of cities
and villages are no longer exempt from the provisions of the Labor Law which require the
payment of the prevailing rate of wages and the eight(8)hour day.
Section 222 of the Labor Law, as amended by Chapters 556 and 557 of the Laws of 1933,
provides that preference in employment shall be given to citizens of the State of New York who
have been residents of Suffolk County for at least six (6) consecutive months immediately prior
to the commencement of their employment. Each person so employed shall furnish satisfactory
proof of residence in accordance with rules adopted by the Industrial Commissioner. Persons
other than citizens of the State of New York shall be employed only when such citizens are not
available. Section 222 further provides that upon the demand of the State Industrial
Commissioner, the Contractor shall furnish a list of names and addresses of all his
subcontractors and further provides that a violation of this section shall constitute a
misdemeanor and shall be punishable by a fine of not less than Fifty Dollars ($50.00) nor more
than Five Hundred Dollars ($500.00) or by imprisonment for not less than thirty nor more than
ninety days,or both fine and imprisonment.
Section 220-A of the Labor Law, as amended by Chapter 472 of the Laws of 1932,provides that
CC - 5
CONDITIONS OF CONTRACT
before payment is made by or on behalf of the State of any city, county, town or village or other
civil division of the state of any sums due on account of a contract for a public improvement, it
is the duty of the Comptroller or the financial officer of the Municipal Corporation to require the
Contractor and each and every subcontractor to file a certified statement in writing, in
satisfactory form, certifying to the amounts then due and owing to any and all laborers for daily
or weekly wages on account of labor performed upon the work of the Contractor, setting forth
therein the names of the persons whose wages are unpaid and the amount due each respectively.
Section 220-B of the Labor Law, as so amended, provides that any interested person who shall
have previously filed a protest in writing objecting to the amounts due or to become due to him
for daily or weekly wages for labor performed on the public improvement for which the Contract
was entered into, or if for any reason, it may be deemed advisable, the Comptroller of the State
or financial officer of the Municipal Corporation may deduct from the whole amount of any
payment on account thereof of the sums or sum admitted by any contractor or subcontractor in
such statement or statements so filed to be due and owing by him on account of labor performed
and may withhold the amount so deducted for the benefit of the laborers for daily or weekly
wages, whose wages are unpaid as shown by the verified statements filed by any contractor or
subcontractor and may pay directly to any person the amount or amounts so shown to be due for
such wages.
Section 220-C of the Labor Law, as so amended,provides the penalty for making of a false oath
or verification.
Section 220-D of the Labor Law provides that the advertised Specifications for every contract
for the construction, reconstruction, maintenance and/or repair of highways to which the State,
county, town and/or village is a party shall contain a provision stating the minimum rate of
hourly wage that can be paid, as shall be designated by the Industrial Commissioner, to the
laborers employed in the performance of the Contract either by the Contractor, subcontractor or
other person doing or contracting to do the whole or part of the work contemplated by the
Contract, and the Contract shall contain a stipulation that such laborers shall be paid not less
than such hourly minimum rate of wage. Any person or corporation that willfully pays, after
entering into such Contract, less than such stipulated minimum hourly wage scale shall be guilty
of a misdemeanor and upon conviction, shall be punished for a first offense by a fine of Five
Hundred Dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both by
fine and imprisonment; for a second offense by a fine of One Thousand Dollars ($1,000.00) and
in addition thereto, the Contract on which the violation has occurred shall be forfeited, and no
such person or corporation shall be entitled to receive any sum nor shall any officer, agent or
employee of the State pay the same or authorize its payment from the funds under his charge or
control to any person or corporation for work done upon any contract, on which the Contractor
has been convicted of second offense in violation of the provisions of this section.
The minimum wage rates established by the Industrial Commissioner, State of New York, for
this Contract are set forth herein above as part of"Instructions to Bidders".
11. QUALIFICATIONS FOR EMPLOYMENT
No person under the age of sixteen (16) years and no person currently serving sentence in a
CC - 6
CONDITIONS OF CONTRACT
penal or correctional institution shall be employed to perform any work on the project under this
Contract. No person whose age or physical condition is such as to make his employment
dangerous to his health or safety or to the health or safety of others, shall be employed to
perform any work on this project; provided, however, that such restrictions shall not operate
against the employment of physically handicapped persons, otherwise employable, where each
person may be safely assigned to work which they can ably perform.
12. NON-DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin, age or sex in the
employment of persons for work under this Contract, whether performed by the Contractor or
any subcontractor. Neither shall the Contractor and subcontractor or any person acting on behalf
of the Contractor or subcontractor discriminate in any manner against or intimidate any
employee hired for the performance of work under this Contract on account of race, creed, color,
national origin,age or sex.
There may be deducted from the amount payable to the Contractor by the Owner under this
Contract a penalty of Five Dollars ($5.00) for each person for each calendar day during which
such person was discriminated against or intimidated in violation of the provisions of this
paragraph; provided that for a second or any subsequent violation of the terms of this paragraph,
this Contact may be canceled or terminated by the Owner and all monies due or to become due
hereunder may be forfeited.
13. PAYMENT OF EMPLOYEES
The Contractor and each of his subcontractors shall pay each of his employees engaged in work
on the project under this Contract in full (less deductions made mandatory by law) in cash and
not less often than once each week.
14. ESTIMATES & PAYMENTS
(a) Lump Sum: Upon the completion and acceptance of the work specified and contracted for,
the Owner will pay the full amount, less any money paid by the Owner by reason of said
Contractor having failed to carry out faithfully and completely all the obligations and
requirements herein contained. Upon final settlement, according to the conditions herein
specified and not until such settlement shall have been made, will the Contractor be relieved
from the obligations assumed in the Contract.
(b) Contractors and subcontractors are required to submit to the Town a transcript of the original
payroll record, subscribed and affirmed as true under the penalties of perjury, prior to being paid
for the work under this contract.
15. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by the Contractor of the final payment shall be, and shall operate as a release to
the Owner from all claims and all liabilities to the Contractor for all the things done or furnished
in connection with this work and for every act and neglect of the Owner and others relating to or
CC - 7
CONDITIONS OF CONTRACT
arising out of, this work, excepting the Contractor's claims for interest upon the final payment, if
this payment be improperly delayed. No payment, however, final or otherwise, shall operate to
release the Contractor or his sureties from any obligations under this Contract.
16. CONSTRUCTION REPORTS
The Contractor shall submit to the Engineer prior to commencing any work under this Contract,
a detailed schedule and plan of operations indicating the manner in which the Contractor
proposes to prosecute the work and a time schedule therefor. Such schedules are not intended to
bind the Contractor to a pre-determined plan or procedure, but rather to enable the Engineer to
coordinate the work of the Contractor with work required of, and to be performed by others.
The detailed schedule shall include a list of the subcontractors and material suppliers he
proposes to use on the work.
Prior to being eligible to receive the final payment under this Contract, the Contractor shall
furnish the Engineer with substantial proof that all bills for services rendered and materials
supplied have been paid.
The enumeration of the above reports in no way relieves the Contractor of his responsibility
under existing Federal or State Laws of filing such other reports with agencies as may be
required by such existing laws or regulations.
17. INSPECTION AND TESTS
All material and workmanship shall be subject to inspection, examination and test by the
Engineer at any time during the construction and at any and all places where manufacturing of
materials used and/or construction is carried on.
Without additional charge, Contractor shall furnish promptly all reasonable facilities, labor and
materials necessary to make any tests required by the Engineer and/or required by the
Specifications.
If at any time before final acceptance of the entire work, the Engineer considers necessary or
advisable an examination of any portion of the work already completed, by removing or tearing
out the same, the Contractor shall upon request, furnish promptly all necessary facilities, labor
and materials for such examination. If such work is found to be defective in any material
respect, due to the fault of the Contractor or any subcontractor, or if any work shall be covered
over without the approval or consent of the Engineer, whether or not the same shall be defective,
the Contractor shall be liable for the expense for such examination and of satisfactory
reconstruction.
If, however, such approval and consent shall have been given and such work is found to meet the
requirements of this Contract, the Contractor shall be recompensed for the expense of such
examination and reconstruction in the manner herein provided for the payment of cost of extra
work.
CC - 8
CONDITIONS OF CONTRACT
The selection of laboratories and/or agencies for the inspection and tests of supplies, materials or
equipment shall be subject to the approval of or designated by the Owner. Satisfactory
documentary evidence that the material has passed the required inspection and tests must be
furnished to the Engineer prior to the incorporation of the material in the work.
Any rejected work will be removed from the site of the project completely at the expense of the
Contractor.
1S. PLANS AND SPECIFICATIONS: INTERPRETATIONS
The Contractor shall keep at the site of the work one copy of the Plans and Specifications signed
and identified by the Engineer. Anything shown on the Plans and not mentioned in the
Specifications or mentioned in the Specifications and not shown in the Plans shall have the same
effect as if shown or mentioned in both. In case of any conflict or inconsistency between the
Plans and Specifications, the Specifications shall govern. Any discrepancy between the figures
and drawings shall be submitted to the Engineer whose decision thereon shall be conclusive.
19. SUBSURFACE CONDITIONS FOUND DIFFERENT
Should the Contractor encounter subsurface conditions at the site materially differing from those
shown on the Plans or indicated in the Specifications, he shall immediately give notice to the
Engineer of such conditions, before they are disturbed; the Engineer shall thereupon promptly
investigate the conditions and if he finds that they materially differ from those shown on the
Plans or indicated on the Specifications, he shall at once make such changes in the Plans and/or
Specifications as he may find necessary. Any increase or decrease of cost resulting from such
changes will be adjusted in the manner provided herein for adjustment as to extra and/or
additional work and changes.
20. CONTRACTOR'S TITLE TO MATERIALS
No materials or supplies for the work shall be purchased by the Contractor or any subcontractor
subject to any chattel mortgage or under a conditional sale or other agreement by which an
interest is retained by the seller. The Contractor warrants that he has good title to all materials
and supplies used by him in the work.
21. SUPERINTENDENCE BY CONTRACTOR
At the site of the work, the Contractor shall give his constant, personal attention to the work or
employ a construction superintendent or foreman who shall have full authority to act for the
Contractor. It is understood that such representative shall be acceptable to the Engineer and
shall be one who can be continued in that capacity for the particular job involved unless he
ceases to be on the Contractor's payroll. The Contractor's superintendent and foreman must be
able to read and speak the English language.
CC - 9
CONDITIONS OF CONTRACT
22. PROTECTION OF WORK PERSONS AND PROPERTY
Precaution shall be exercised at all times for the proper protection of all persons, property and
work. The Contractor shall give notice to the owners of utilities which may serve the area and
request their assistance in predetermining the location and depth of various pipes, conduits,
manholes, and other underground facilities. The safety provisions of applicable laws, building
and construction codes shall be observed. Machinery, equipment and all hazards shall be
guarded or eliminated in accordance with the safety provisions of the Manual of Accident
Prevention in Construction published by the Associated General Contractors of America, to the
extent that such provisions are not in contravention of applicable law. The Contractor shall
furnish entirely at his own expense any and all additional safety measures deemed necessary by
the Owner or his Engineer to adequately safeguard the traveling public.
The Contractor shall, at all hours of the day, safely guard and protect his own work and adjacent
property from any damage and shall replace or make good any such damage, loss or injury,
unless such be caused directly by errors contained in the Contract Documents, or by the Owner
or its duly authorized representatives.
The Contractor shall provide and maintain such watchmen, barriers, lights, flares and other
signals at his own expense, as will effectively prevent any accident in consequence of his work
for which the Owner might be liable. The Contractor shall be liable for all injuries or damage
caused by his act or neglect, or that of his employees.
The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes,
letterboxes,traffic signals or other visible devices maintained for the use of the public.
23. REPRESENTATIONS OF CONTRACTOR
The Contractor represents and warrants:
(a) That he is financially solvent and that he is experienced in, and competent to, perform the
type of work involved under this Contract and able to furnish the plant, materials, supplies
and/or equipment to be famished for the work; and
(b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations
which may in any way affect the work of those employed hereunder, including but not limited to
any special acts relating to the work;and
(c) That such work required by these Contract Documents as is to be done by him can be
satisfactorily constructed and used for the purpose for which is intended and that such
construction will not injure any person or damage any property; and
(d) That he has carefully examined the Plans, Specifications and the site of the work, and that
from his own investigations he has satisfied himself as to the nature and location of the work,the
character, location, quality and quantity of surface and subsurface materials, structures and
utilities likely to be encountered, the character of equipment and other facilities needed for the
CC - 10
CONDITIONS OF CONTRACT
performance of the work, the general local conditions which may in any way affect the work or
its performance.
24. PATENT RIGHTS
As part of his obligation hereunder and without any additional compensation,the Contractor will
pay for any patent fees or royalties required in respect to the work or any part thereof and will
fully indemnify the Owner or his Engineer for any loss on account of any infringement of patent
rights unless prior to his use in the work a particular process or a product of a particular
manufacturer he notifies the Engineer in writing that such process or product is an infringement
of a patent.
25. AUTHORITY OF THE ENGINEER
In the performance of the work, the Contractor shall abide by all orders and directions and
requirements of the Engineer and shall perform work to the satisfaction of the Engineer, at such
time and places, by such methods, and in such manner and sequence as he may require. The
Engineer shall determine the amount, quality, acceptability, and fitness of all parts of the work,
shall interpret the Plans, Specifications, Contract Documents and any extra work orders and
shall decide all other questions in connection with the work. Upon request, the Engineer shall
confirm in writing any oral orders, directions, requirements or determinations. The enumeration
herein or elsewhere in the Contract Documents of particular instance in which the opinion,
judgement, discretion or determination of the Engineer shall control or in which work shall be
performed to his satisfaction or subject to his approval or inspection, shall not imply that only
matters similar to those enumerated shall be so governed and performed, but without exception
all the work shall be governed and so performed.
26. CHANGES AND ALTERATIONS
The Owner, upon the Engineers recommendation, reserves the right to make alterations in
location, line, grade, plan, form or dimensions of the work, or any part thereof, either before or
after the commencement of construction. If such alterations diminish the amount of work to be
done, no claim for damages or anticipated profits will be warranted on the work, which may be
dispensed with. If such alterations increase the amount of work, such increases shall be paid for
according to the quantity of work actually done and at the prices for such work as contained in
the schedule of prices.
27. CORRECTION OF WORK
All work and all materials whether incorporated into the work or not, all processes of
manufacture and all methods of construction shall be at all times and places subject to the
inspection of the Engineer who shall be the final judge of quality, materials, processes of
manufacture and methods of construction suitable for the purpose for which they are used.
Should they fail to meet his approval, they shall be forthwith reconstructed, made good and
replaced and/or corrected as the case may be,by the Contractor, at his own expense.
CC - 11
CONDITIONS OF CONTRACT
If, in the opinion of the Engineer, it is not desirable to replace any defective or damaged
materials or to reconstruct or correct any portion of the work injured or not performed in
accordance with the Contract Documents, the compensation to be paid to the Contractor
hereunder shall be reduced by such amount as in the judgement of the Engineer shall be
equitable.
The Contractor expressly warrants that his work shall be free from any defects in materials or
workmanship and agrees to correct any defects,which may appear within one year following the
final completion of the work. Neither the acceptance of the completed work nor payment
therefor shall operate to release the Contractor or his sureties from any obligations under or upon
this Contract.
28. WEATHER CONDITIONS
In the event of temporary suspension of work or during inclement weather or whenever the
Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully
his and their work and materials against damage or injury from the weather. If in the opinion of
the Engineer any work or material shall have been damaged or injured by reason of failure on the
part of the Contractor or any of his subcontractors to protect his or their work, such work and
materials shall be removed and replaced at the expense of the Contractor.
29. THE OWNER'S RIGHT TO WITHHOLD PAYMENTS
The Owner may withhold from the Contractor so much of any approved payments due him as
may,in the judgement of the Owner,be necessary:
(a) To assure the payment of just claims then due and unpaid of any persons supplying labor or
materials for the work;
(b)To protect the Owner from loss due to defective work not remedied; or
(c) To protect the Owner from loss due to injury to persons or damage to the work or property of
other contractors or subcontractors or others, caused by the act or neglect of the Contractor or
any of his subcontractors. The Owner shall have the right, as agent for the Contractor to apply
such amounts so withheld in such manner as the Owner may deem proper to satisfy such claims
or to secure such protection. Such applications of such money shall be deemed payments for the
account of the Contractor.
30. THE OWNER'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If,
(a) The Contractor shall be adjudged bankrupt or make an assignment for the benefit of
creditors; or
(b)A receiver or liquidator shall be appointed for the Contractor for any of his property and shall
CC - 12
CONDITIONS OF CONTRACT
not be dismissed within 20 days after such appointment, or the proceedings in connection
therewith shall not be stayed on appeal within the said 20 days; or
(c) The Contractor shall refuse or fail, after notice or warning from the Engineer, to supply
enough properly skilled workmen or proper materials; or
(d) The Contractor shall refuse or fail to prosecute the work or any part thereof with such
diligence as will insure its completion within the periods herein specified(or any duly authorized
extension thereofl or shall fail to complete the work within said periods;or
(e) The Contractor shall fail to make prompt payments to persons supplying labor or materials
for the work; or
(f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the
Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then
and in any such event, the Owner, without prejudice to any other rights or remedy it may have,
may by seven (7) days'notice to the Contractor, terminate the employment of the Contractor and
his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion
thereof as to which delay shall have occurred, and may take possession of the work and
complete the work by contract or otherwise, as the Owner may deem expedient. In such case,
the Contractor will not be entitled to receive any further payment until the work is finished. If
the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the
expense of so completing the work (including compensation for additional managerial,
administrative and inspection services and any damages for delay), such excess shall be paid to
the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his
sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed
with the work is so terminated, the Owner may take possession of and utilize in completing the
work, such materials, appliances, supplies, plant and equipment as may be on the site of the
work and necessary thereof. If the Owner does not so terminate the right of the Contractor to
proceed,the Contractor shall continue to work.
31. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT
If the work shall be stopped by order of the Court or other public authority for a period of three
(3) months without act or fault of the Contractor or any of his agents, servants, employees or
subcontractors, the Contractor may, upon ten (10) days notice to the Owner, discontinue his
performance of the work and/or terminate the Contract; in which event, the liability of the
Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall
not be obligated to pay to the Owner any excess of the expense of completing the work over the
unpaid balance of the compensation to be paid to the Contractor hereunder.
32. RESPONSIBILITY FOR WORK
The Contractor agrees to be responsible for the entire work embraced in this Contract until its
completion and final acceptance, and that any unfaithful or imperfect work that may become
damaged from any cause either by act of commission or omission to properly guard and protect
CC - 13
CONDITIONS OF CONTRACT
the work that may be discovered at any time before the completion and acceptance shall be
removed and replaced by good and satisfactory work without any charge to the Owner, and that
such removal and replacement will be performed immediately on the requirement of the
Engineer,notwithstanding the fact that it may have been overlooked by the proper inspector,and
partial payment made thereon. It is fully understood by the Contractor that the inspection of the
work shall not relieve him of any obligation to do sound and reliable work as herein prescribed,
and that any omission to disapprove any work by the Engineer at or before the time of partial
payment or other estimate shall not be construed to be acceptance of any defective work.
33. USE OF PREMISES AND REMOVAL OF DEBRIS
The Contractor expressly undertakes at his own expense:
(a)To store his apparatus,materials, supplies and equipment in such orderly fashion at the site of
the work as will not unduly interfere with the progress of his work or the work of any of his
subcontractors;
(b) To frequently clean up all refuse, rubbish, scrap materials and debris caused by the
operations to the end that at all times, the site of the work shall present a neat, orderly and
workmanlike appearance;
(c) Before final payment hereunder to remove all surplus material, temporary structures, plants
of any description and debris of every nature resulting from his operations.
34. SUITS OF LAW
The Contractor shall indemnify and save harmless the Owner from and against all suits, claims,
demands or actions for any injury sustained or alleged to be sustained by any party or parties in
connection with the construction of the work or any part thereof, or any commission or omission
of the contractor, his employees or agents of any subcontractor, and in case of any such action
shall be brought against the Owner, the Contractor shall immediately take charge of and defend
the same at his own cost and expense.
35. POWER OF THE CONTRACTOR TO ACT IN AN EMERGENCY
In case of an emergency, which threatens loss or injury to property and/or safety of life, the
Contractor will be permitted to act as he sees fit without previous instructions from the Engineer.
He shall notify the Engineer thereof immediately and any compensation claimed by the
Contractor due to extra work made necessary because of his acts in such emergency shall be
submitted to the Engineer for approval.
Where the Contractor has not taken action but has notified the Engineer of an emergency
indicating injury to persons or damage to adjoining property or to the work being accomplished
under this Contract, then upon authorization from the Engineer to prevent such threatened injury
or damage, he shall act as instructed by the Engineer. The amount of reimbursement claimed by
the Contractor on account of any such action shall be determined in the manner provided herein
for the payment of extra work.
CC - 14
CONDITIONS OF CONTRACT
36. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to be inserted herein and the Contract shall read and be enforced as though it were
included herein, and if through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon the application of either party the Contract shall be forthwith be
physically amended to make such insertion.
37. SUBLETTING, SUCCESSOR AND ASSIGNS
The Contractor shall not sublet any part of the work under this Contract nor assign any money
due him hereunder without first obtaining the written consent of the Owner. This Contract shall
insure the benefit of and shall be binding upon the parties hereunder and upon their respective
successors and assigns, but neither party shall assign or transfer his interest herein in whole or in
part without consent of the other.
38. GENERAL MUNICIPAL LAW CLAUSE
Pursuant to the provisions of Section 103-a of the General Municipal Law, in the event that the
Bidder or any member, partner, director or officer of the Bidder, should refuse, when called
before a grand jury to testify concerning any transaction or contract had with the State, any
political subdivision thereof, a public authority or any public Department, agency or official of
the State or of any political subdivision thereof or of a public authority, to sign a waiver of
immunity against subsequent criminal prosecution or to answer any relevant question concerning
such transaction or contract, such person, and any firm, partnership, or corporation of which he
is a member, partner, director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any contracts with any municipal
corporation or any public Department, agency or official thereof for goods, work or services for
a period of five (5) years after such refusal, and any and all contracts made with any municipal
corporation or any public Department, agency or official thereof on or after the first day of July,
1959, by such person, and by any firm, partnership or corporation of which he is a member,
partner, director or officer may be cancelled or terminated by the municipal corporation without
incurring any penalty or damages on account of such cancellation or termination, but any monies
owing by the municipal corporation for goods delivered or work done prior to the cancellation or
termination shall be paid.
39. GRADES,LINES,LEVELS AND SURVEYS
Upon completion of the demolition and excavation work under this Contract, the Contractor
shall fill all excavated areas with clean granulated fill to natural grade and restore all disturbed
areas with 6"of topsoil and grass seed mix as per the project Specifications.
40. INSURANCE REQUIREMENTS
The Contractor shall not commence work until the Town has approved all the insurance required
CC - 15
CONDITIONS OF CONTRACT
under this Contract as required immediately following the Instructions to Bidders. Additionally,
the Contractor shall indemnify and save harmless the Town of Southold from and against all
losses and all claims, demands,payments, suits, actions, recoveries and judgments of every kind
or nature, brought or recovered against the Town of Southold by reason of any act or omission of
the Contractor,his agent or employees in the performance of the Contract.
The Contractor shall not permit any subcontractor to commence any work under this contract
until satisfactory proof of carriage of the required insurance has been posted with and approved
by the Town.
41. FOREIGN CONTRACTORS
Foreign Contractors must comply with the provisions of Articles 9A and 16 of the Tax Law, as
amended, prior to submission of a bid for the performance of this work. The certificate of the
New York State Tax Commission to the effect that all taxes have been paid by the foreign
contractor shall be conclusive proof of the payment of taxes. The term "foreign contractor" as
used in this subdivision means in the case of an individual, a person who is a legal resident of
another state or foreign country; and in the case of a foreign corporation, one organized under
the laws of a state other than the State of New York.
42. LIEN LAW
Attention of all persons submitting bids is specifically called to the provisions of Section 25,
Subdivision 5, Section 25A and 25B of the Lien Law, as amended, in relation to funds being
received by a contractor for a public improvement declared to constitute trust funds in the hands
of such Contractor to be applied first to the payment of certain claims.
43. REFUSAL TO WAIVE IMMUNITY
Pursuant to the provisions of Section 103-A of the General Municipal Law, in the event that the
bidder or any member,partner, director or officer of the bidder, should refuse when called before
a grand jury to testify concerning any transaction or contract had with the State, any political
subdivision thereof, a public authority or with any public department, agency or official of the
State or of any political subdivision thereof or of an authority, to sign a waiver of immunity
against subsequent criminal prosecution or to answer any relevant question concerning such
transaction or contract, such person, and any firm, partnership or corporation of which he is a
member, partner, firm director or officer shall be disqualified from thereafter selling to or
submitting bids to or receiving awards from or entering into any contracts with any municipal
corporation or any public department, agency, or official thereof, for goods, work or services, for
a period of five (5) years after such refusal, and any and all contracts made with any municipal
corporation or any public department, agency, or official thereof on or after the first day of July,
1959, by such person and any firm, partnership or corporation of which he is a member, partner,
director or officer may be cancelled or terminated by the municipal corporation without
incurring any penalty or damages on account of such cancellation or termination, but any monies
owing by the municipal corporation for goods delivered or work done prior to the cancellation or
termination shall be paid.
CC - 16
CONDITIONS OF CONTRACT
44. EXEMPTION FROM SALES AND USE TAXES
In accordance with Chapter 513 of the laws of 1974 adopted by the New York State Legislature,
amending Section 1115 (a) of the tax law, specifically paragraphs 15 and 16, political
subdivisions, as described in subdivision(a)paragraph (L) of section 1116 of the tax laws, of the
State of New York are exempt from the payment of sales and use taxes imposed on tangible
personal property within the limitations specified in tax law 1115 (a) (15) and(16).
(15) Tangible personal property sold to a contractor, subcontractor or repairman for use in
erecting a structure or building of an organization described in subdivision (a) of section 1116,
or adding to, altering or improving real property,property or land of such an organization, as the
terms real property, property and land are defined in the real property tax law; provided,
however,no exemption shall exist under this paragraph unless such tangible personal property is
to become an integral component part of such structure, building or real property.
(16) Tangible personal property sold to a contractor or repairman for use in maintaining,
servicing or repairing real property, or land of an organization described in subdivision (a) of
section 1116, as the terms real property,property or land are defined in the real property tax law;
provided, however, no exemption shall exist under this paragraph unless such tangible personal
property is to become an integral component part of such structure,building or real property.
Contractors entering into Contract with the Town of Southold shall be exempt from payment of
sales and use tax as described above. Procedures and forms are available to the Contractor direct
from the Instructions and Interpretations Unit, State of New York, Department of Taxation and
Finance, State Campus,Albany,New York, 12227.
CC- 17
Town of Southold
"Norman Klipp Park Bulkhead"
PROPOSAL PACKAGE
BID OPENS: August 7, 2014
REMINDER NOTE!!!:
VENDORS MUST RETURN THIS DOCUMENT
INTACT AND FILLED OUT COMPLETELY! ! (Do Not
Sign the Contract Agreement. It is included only for
informational purposes, and will be signed by the
successful bidder after award of contract.)
All line items on the Proposal Form must be filled in! All
lines must have an indication of the bidder's response
whether it is a dollar figure or No Bid.
Please DO NOT remove any pages from this bid package! ! !
Thank you!
Proposal Package 1 of 9
BIDDER'S CHECK LIST
Your response to our above referenced bid will be considered unresponsive and will be rejected if
the following forms are not included at the time of the bid opening.
❑ Notarized Affidavit of Non-Collusion as required by NYS Law.
❑ A Bid Deposit in the amount of Five Percent of Bid Price as required in the
Invitation to Bid.
❑ As per specifications, the Town of Southold requires a current insurance
certificate, with the Town of Southold listed as additional insured, to be on
file in the Purchasing Department. You will be given ten (10) business days
from notice of award to supply this form or the bid will be rescinded.
❑ Vendor Information Sheet and Address Record Form.
❑ Assumed Name Certification.
❑ Bidder's Qualification Statement.
NOTE: Please do NOT sign the Contract Agreement. It is included only for
informational purposes, and will be signed by the successful bidder after award of
the contract.
Proposal Package 2 of 9
VENDOR NAME:
VENDOR INFORMATION SHEET
TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL
FEDERAL EMPLOYEE ID #:
OR SOCIAL SECURITY#:
DATE OF ORGANIZATION:
IF APPLICABLE: DATE FILED:
STATE FILED:
If a non-publicly owned Corporation:
CORPORATION NAME:
LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares)
LIST OFFICERS AND DIRECTORS:
NAME TITLE
If a partnership:
PARTNERSHIP NAME:
LIST PARTNERS NAMES:
Proposal Package 3 of 9
ADDRESS RECORD FORM
MAIL BID TO:
VENDOR NAME:
ADDRESS:
CONTACT:
TELEPHONE: FAX:
E-MAIL:
ONLY if different-
MAIL PURCHASE ORDER TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
ONLY if different-
MAIL PAYMENT TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
Proposal Package 4 of 9
VENDOR NAME:
ASSUMED NAME CERTIFICATION
*If the business is conducted under an assumed name, a copy of the certificate required to be filed
under the New York general business law must be attached.
ASSUMED
NAME:
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, by an officer of the corporation, or other person authorized by resolution of the board
of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of
the partners or other person authorized by a writing signed by at least one general partner and
submitted with the bid or previously filed with the Purchasing Agent.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipality bid on contracts only that such interest be revealed when they do bid.)
INSURANCE STATEMENT
Bidder agrees as follows -please mark appropriate box:
Insurance Certificate as requested is attached F]
I certify that I can supply insurance as specified if awarded the bid ❑
Insurance Certificate filed on
DATE
FAILURE TO PROVIDE SPECIFIED INSURANCE SHALL DISQUALIFY BIDDER.
AUTHORIZED SIGNATURE
Proposal Package 5 of 9
AFFIDAVIT OF NON-COLLUSION
I hereby attest that I am the person responsible within my firm for the final decision as to the
prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from
that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
9. The price(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement for the purpose of restricting competition with any other
contractor, bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person
who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid
opening.
3. No attempt has been made or will be made to solicit, cause or induce any firm or person to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any
intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,
or inducement from any firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of
materials or services from any other firm or person, or offered, promised or paid cash or
anything of value to any firm or person, whether in connection with this or any other project, in
consideration for an agreement or promise by an firm or person to refrain from bidding or to
submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of
materials or services to any firm or person, and has not been promised or paid cash or anything
of value by any firm or person, whether in connection with this or any project, in consideration
for my firm's submitting a complementary bid, or agreeing to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with
responsibilities relating to the preparation, approval or submission of my firm's bid on this
project and have been advised by each of them that he or she has not participated in any
communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent
with any of the statements and representations made in this affidavit.
The person signing this bid, under the penalties of perjury, affirms the truth thereof.
Signature&Company Position SWORN TO BEFORE ME THIS
Type Name&Company Position DAY OF 20_
Company Name NOTARY PUBLIC
Date Signed
Federal I.D.Number
Proposal Package 6 of 9
THE PROPOSAL FORM
Norman Klipp Park Bulkhead
VENDOR NAME:
VENDOR ADDRESS:
TELEPHONE NUMBER: FAX:
The undersigned bidder has carefully examined the Contract Documents and will provide all
necessary labor, materials, equipment and incidentals as necessary and called for in the said
Contract Documents in the manner prescribed therein and in said Contract, and in accordance with
the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form.
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, the bid must be signed by an officer of the corporation, or other person authorized by
resolution of the board of directors, and in such case a copy of the resolution must be attached; if a
partnership, by one of the partners or other person authorized by a writing signed by at least one
general partner and submitted with the bid documents.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipalities bid on contracts, but only that such interest be revealed when they do bid.)
The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please
write N/A below):
Addendum No. Dated
Proposal Package 7 of 9
TOWN OF SOUTHOLD
NORMAN KLiPP PARK BULKHEAD
Lump Sum Proposal for; Town of Southold
ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID
NO. (Fill in Unit Price Written in Words) QUANTITY
1 Replace Approximately 124'of Bulkhead 1 LS
for /LS
Dollars Cents
1. The Contractor shall receive the lump sum price for replacing approximately 124'of the existing bulkhead at Norman Klipp
Park to meet the requirements of the specifications found on the contract drawings(SP-1 &A-1)and completing the project in
accordance with all contract documents. This work will be performed under the New York State Department of Environmental
Conservation General Permit for Hurricane Sandy,GP-0-13-006.
TOTAL $
Dollars Cents Numerically
WRITTEN IN WORDS
nnnnnC'AT T`nn%A
AUTHORIZED SIGNATURE
PRINT NAME
TITLE
DATE
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF ) ss.:
On the day of in the year 2014 before me, the undersigned, personally
appeared, , personally known to me or proved to me on the basis
of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
NOTARY PUBLIC
Proposal Package 9 of 9
Town of Southold
BIDDER'S QUALIFICATION STATEMENT
The signatory of this questionnaire certifies under oath the truth and correctness of all statements
and of all answers to interrogatories hereinafter made.
SUBMITTED BY: A Corporation
A Partnership or Entity
FIRM NAME: An Individual
PRINCIPAL OFFICE:
PRINCIPAL OFFICERS:
BACKGROUND
TITLE NAME ADDRESS PROFESSION/TRADE
1. How many years has your organization been in business under its present business name?
2. You normally perform what percent of the work with your own forces? %
List trades that you organization normally performs below:
3. Have you ever failed to complete any work awarded to you? . If so, note where and
why.
4. Are there any claims,judgments,arbitration proceedings or suits pending or outstanding
against your firm or its officers?If yes, please provide details.
QS-1
5. Has your firm requested arbitration or filed any lawsuits with regard to construction
contracts within the last five years?If yes, please provide details.
6. List the major construction projects your organization has underway at this date:
Name of Engineer/
Project Owner Architect Contract Percent Scheduled
Name Telephone# Telephone# Amount Complete Completion
7. List five major projects you organization has completed in the past five years:
Name of Engineer/ Work Done
Project Owner Architect Contract Date of With Own Forces
Name Telephone# Telephone# Amount Completion % of Work
QS-2
8. List the construction experience of the principal individuals of your organization
(particularly the anticipated project supervisors):
Present Type of Work
Position Years of For Which In What
Individual's Name Of Office Experience Responsible Capacity
9. Do you have, or can you obtain, sufficient labor and equipment to commence work when
required and complete the work within the Contract Time?
10. Bank References:
11. Trade Association Membership:
12. Has your firm ever been investigated by the New York State Department of Labor for
prevailing wage rate violations?If yes, when? What was the outcome of the
investigation?
QS-3
13. Attach current state of financial conditions showing assets, liabilities and net worth.
Failure to attach the required documentation may be considered non-responsive on the
part of the Bidder and may result in rejection of the Bidder's Proposal.
STATE OF )
COUNTY OF )
being duly sworn deposes and says that he is
the of contractor and that
answers to the foregoing questions and all statements therein contained are true and correct.
(Signature of person who signed bid)
Sworn to before me this day of ,2014
Notary Public
Commission Expiration Date:
QS-4
CONTRACT AGREEMENT
THIS AGREEMENT made this day of AD Two Thousand
and Fourteen by and between the Town of Southold, party of the first part (hereinafter
called the Owner), and ply
of the second part (hereinafter called Contractor).
WITNESSETH: That for and in consideration of the premises and the agreements herein
contained, and the payments herein provided to be made, the parties hereto agree as
follows:
FIRST: The Contractor shall perform all labor, and furnish all the materials, equipment,
tools, and implements and will well and faithfully perform and complete the entire work
of constructing the"Norman Kling Park Bulkhead"
AS DESCRIBED IN THE Contract Documents made and prepared by the Town of
Southold, and _(FILL IN FIRM NAME) , the project engineers,
and as set forth in the Contractor's Bid dated , and in strict and entire
conformity and in accordance with the Notice to Bidders, Instructions to Bidders,
Proposal Form (Bid), Performance Bond, Conditions of Contract, General Conditions,
Detailed Specifications, Contract Drawings, Addenda, and this Agreement, hereto
annexed and made a part hereof, and hereinafter collectively referred to as "Contract
Documents".
SECOND: In Consideration of the Contractor performing this Contract in the manner
herein stated and as stated in the Contract Documents, the Owner promises and agrees to
pay or cause to be paid to the Contractor the sums of money mentioned in said Contract
Documents in the manner and under the conditions therein provided.
THIRD: The Contractor covenants and agrees that, anything in this Contract or in the
Contract Documents to be contrary notwithstanding, or regardless of any matter, thing,
contingency of condition unforeseen or otherwise, present or future, the Contractor shall
not be entitled to receive any additional or further sums of money than the amounts in
said Contract Documents provided; and the failure of the Owner or its agents to insist
upon strict performance of any of the terms, covenants, agreements, provisions or
conditions in this Agreement or in the Contract Documents, on any one or more
instances, shall not be construed as a waiver or relinquishment for the future of any such
terms, covenants, agreements, provisions and conditions and the same shall be and
remain in full force and effect with power and authority on the part of the Owner to
enforce the same or cause the same to be enforced at any time, without prejudice to any
other rights which the Owner may have against the Contactor under this Agreement or
the Contract Documents.
A-1
Terms used in the Agreement which are defined in Article 1 of the General Conditions
shall have the meanings indicated in the General Conditions.
Neither Owner nor Contractor shall, without the prior written consent of the other, assign
or sublet in whole or part his interest under any of the Contact Documents; and,
specifically, Contractor shall not assign any monies due or to become due without the
prior written consent of the Owner.
Owner and Contractor each binds himself, his partners, successors, assigns and legal
representatives of the other party hereto in respect to all covenants, agreements and
obligations contained in the Contract Documents.
The Contract Documents constitute the entire agreement between Owner and Contractor
and may only be altered, amended or repealed by a duly executed written instrument
signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
Total Bid
Dollars
Written in Words
Written in Figures
TOWN OF SOUTHOLD CONTRACTOR
BY BY
Scott A. Russell, Supervisor
TITLE
BY
Martin Finnegan, Town Attorney
(CORPORATE SEAL)
A-2
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF ) ss.:
On the day of in the year 2014 before me, the undersigned,
personally appeared, , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
NOTARY PUBLIC
STATE OF NEW YORK, COUNTY OF )ss.:
On the day of in the year 2014 before me, the undersigned,
personally appeared, , personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on
the instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
NOTARY PUBLIC
A-3
DIVISION 1 -GENERAL REQUIREMENTS
TOWN OF SOUTHOLD
NORMAN KLIPP PARK BULKHEAD
GENERAL
The work under this Division shall be subject to the requirements of the CONDITIONS OF
CONTRACT, GENERAL CONDITIONS, PLANS, SCHEDULES, ADDENDA and other
Contract documents.
Refer to the Drawings and Specifications of other trades and Contractors for items which might
affect the work under this Division.
TABLE OF CONTENTS—DIVISION NO. 1 —GENERAL REQUIREMENTS
Included in this Division are the following sections:
01010 General
01025 Measurement and Payment
01500 Construction Facilities&Temporary Controls
01501 Health& Safety Provisions
01502 Environmental Protection
01770 Project Closeout
DIVISION 1 -Page 1 of 17
DIVISION 1 - GENERAL REQUIREMENTS
SECTION 01010- GENERAL
SITE
The site of the proposed general construction for the NORMAN KLIPP PARK BULKHEAD
project is located in the Town of Southold at the end of Manhanset Avenue in Greenport,
County of Suffolk and State of New York.
BACKGROUND
The Norman Klipp Park Bulkhead was damaged by Hurricane Sandy and an approximately 124'
long section of it must be replaced. This work will be performed under the New York State
Department of Environmental Conservation General Permit for Hurricane Sandy, GP-0-13-006.
The contractor will be responsible for complying with the conditions of this permit and for the
removal of all waste materials generated during the course of the project.
SCOPE
A. The Contractor is to be advised that a pre-bid site visit is scheduled for July 31, 2014 at
LOAM, and it is Strongly Recommended that each contractor bidding on the project
attend this site visit.
B. In general, the work shall include but not be limited to the following:
• Replacement of approximately 124' of bulkhead
• Removal of all waste materials generated by the bulkhead replacement
C. Without restricting the generality of the foregoing and for the convenience of each
Contractor, the items of work are specified under the Standard 16 Uniform Divisions of
the Construction Specifications Institute as follows:
1. General Requirements
2. Site Work (Not Used)
3. Concrete(Not Used)
4. Masonry(Not Used)
5. Metals (Not Used)
6. Wood (Not Used)
7. Thermal and Moisture Protection(Not Used)
8. Doors and Finish Hardware (Not Used)
9. Finishes (Not Used)
10. Specialties (Not Used)
11. Equipment (Not Used)
12. Furnishings(Not Used)
13. Special Construction(Not Used)
14. Conveying Systems(Not Used)
15A. H.V.A.C. (Not Used)
15B. Plumbing(Not Used)
16. Electrical (Not Used)
DIVISION 1 -Page 2 of 17
DIVISION 1 - GENERAL REQUIREMENTS
D. The work covered under these Divisions shall be bid under one (1) separate Contract:
1. Contract A-General Construction
2. Contract B -H.V.A.C.—NOT USED
3. Contract C-Plumbing—NOT USED
4. Contract D—Electrical—NOT USED
E. The Prime Contractor shall be responsible for coordinating the contractual construction
schedule. Upon award of this contract the Prime Contractor shall submit a computer
generated critical point method schedule indicating all items of work under the contract
and in accordance with the Contractor's associated work. It is the Contractor's
responsibility to update the schedule as required to reflect any changes in the schedule.
SHOP DRAWINGS
The Contractor shall make or provide any shop drawings, cuts or samples which the Engineer
may require for the approval of details and to show the construction as it will be installed. No
shop drawing shall be issued or used until it has been approved by the Engineer or his
representative. After approval, no changes or deviations shall be made without written notice
being sent to the Engineer. The Engineer's approval shall not relieve the Contractor from
responsibility for deviations from the Drawings or Specifications unless he has,in writing, called
the Engineer's attention to such deviations at the time of submission, nor shall it relieve him
from responsibility for errors or omissions of any sort in the Shop Drawing or schedule. The
Contractor shall submit Four(4)copies of each requested item to the Engineer for approval.
SUPERINTENDENCE AND WORKMEN
The Contractor shall give his constant personal attention to the work while it is in progress, and
he shall place it in charge of a competent and reliable superintendent,who shall have authority to
act for the Contractor, and who shall be acceptable to the Engineer. The Contractor shall, at all
times, employ labor and equipment which shall be sufficient to prosecute the work to full
completion in the manner and time specified. All workmen must have sufficient skill and
experience in such work to properly and satisfactorily perform it and operate the equipment
involved. Any person employed by the Contractor whom the Engineer may deem incompetent
or unfit to perform the work, shall be at once discharged and shall not be again employed.
INSPECTION
All proposed work under this Contract shall be performed during and with Engineer's approval.
The Contractor is advised to inspect carefully the full premises and consult with the Engineer
regarding any items of construction or reconstruction that may be questionable.
MAINTENANCE AND PROTECTION OF TRAFFIC
The Contractor shall so conduct his operations as to interfere to the least extent practicable with
the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every
precaution against accidents happening to said vehicles, pedestrians and other traffic because of
DIVISION 1 -Page 3 of 17
DIVISION 1 - GENERAL REQUIREMENTS
his operations. The Contractor shall enforce regulations and restrictions as may be necessary or
required for the protection of fire, accidents, property damage and public nuisance. He shall
provide and maintain such toilet facilities at or adjacent to the site as may be required. The
Contractor shall erect and maintain such signs, channel and obstruction markers and barricades
as may be required for the protection of traffic. The Contractor shall not deposit or store any
equipment or materials within the Site Area except with written permission from the Engineer.
MAINTENANCE AND PROTECTION OF UTILITIES
A. The Contractor shall familiarize himself with the existence of structures of municipal and
other public service corporations on or adjoining the site of the work and give reasonable
opportunity to and cooperation with the owners of these utilities in the work of
reconstructing or altering them. Such reconstruction and alteration shall be so conducted
as to delay or interfere as little as practicable with the work of the Contractor. Any
additional cost of various items of work because of these utilities shall be included in the
price bid for these items.
B. The Engineer shall direct the public utility corporations to shift or remove those utility
structures that may be necessary to permit the Contractor to carry out the work in
accordance with the Plans. The Contractor shall not remove or cause to be removed, any
structure owned by a public utility corporation without the approval of the Engineer.
C. The Contractor shall cooperate with the public utility corporation whose structures
(aerial, surface or subsurface) are within the limits of or along the outside of the right-of-
way,to make it possible for them to maintain uninterrupted service. The Contractor shall
conduct his operations in such a way as to delay or interfere as little as practicable with
the work of the utility corporation.
LABOR,LAWS AND WORKMANSHIP
A. All Contractors and Subcontractors employed upon the work shall and will be required to
conform to the Labors Laws of the State of New York,the Occupation Safety and Health
Act of the various acts amendatory and supplementary thereto; and to all other laws,
ordinances and legal requirements applicable thereto.
B. All labor shall be performed in the best and most workmanlike manner by mechanics
skilled in their respective trades. The standards of the work required throughout shall be
of such grade as will bring results of the first class only.
QUALIFICATIONS
All bidders must have been established in the type of construction of whichever Prime Contract
they are submitting a bid for as specified in the Contract Documents for a period of at least five
(5) years. Bidders must furnish a list of a minimum of five (5) projects of similar type
construction that was built by them in the Nassau - Suffolk area. List must contain name,
address and telephone number of client's engineer for which each project was undertaken by
Contract. A minimum of five (5)of the projects must have been built for municipal clients.
DIVISION I -Page 4 of 17
DIVISION 1 -GENERAL REQUIREMENTS
APPROVAL OF SUBCONTRACTORS
A. No Subcontractors shall be employed on the work unless prior approval has been given
by the Engineer. The Contract shall, within five (5) days after signing of the Contract,
submit a list of proposed Subcontractors to the Engineer for approval. The list shall
contain firm names, names of all principals and addresses and projects completed by
each Subcontractor and names, addresses and telephone numbers of the particular
project's Engineer for which the Subcontractor on the aforementioned project list must
have been of similar nature. A minimum of five (5) projects for each proposed
Subcontractor must be submitted.
B. If for any reason a Subcontractor must be discharged from work, the Contractor shall
notify the Engineer at least 24 hours prior to discharge, stating the reasons, and shall
provide the Engineer with the name and qualifications of the replacement Subcontractor
for approval by the Engineer. This action is deemed necessary to maintain continuity of
the work and to minimize project disruptions. All costs due to slowdown of the project
for such reasons shall be borne by the Contractor.
STANDARD SPECIFICATIONS
Where reference is made in these Specifications to a society, the portion referred to shall be read
into and shall be a part of this Contract and Specifications. Materials, methods and equipment
shall conform with the latest A.S.T.M., A.W.P.A., A.S.A., N.E.C., I.E.S., etc. Specifications as
may relate to or govern the construction work.
CONTRACT DRAWINGS
The drawings accompanying and forming part of these Specifications bear the titles Bulkhead
Replacement Klipp Park Beach—Drawing SP 1 and Bulkhead Replacement Klipp Park Beach
—Drawing A-1.
CLEAN-UP
The Contractor shall at all times keep the construction area, including storage areas used by him,
free from accumulation of waste material and rubbish and prior to completion of the work,
remove any rubbish from and about the premises. Upon completion of the construction, the
Contractor shall leave the work premises in a clean, neat and workmanlike condition satisfactory
to the Engineer.
GUARANTEES
A. Before issuance of the final certificate, the Contractor shall deliver to the Owner the
following guarantees in addition to those specifically required in the General Conditions
and in the various technical sections.
B. Should any defects develop in the aforesaid work within the stipulated periods due to
DIVISION I - Page 5 of 17
DIVISION 1 -GENERAL REQUIREMENTS
faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs
and do all necessary work to correct the defective parts. Such repairs and corrective
work, including the cost of making good all other work damaged by or otherwise
affected by making of the repairs or corrective work shall be done without any cost or
expense to the owner, and at the entire cost and expense of the Contractor,within five(5)
days after notice to the Contractor. The owner may have the work done and charge the
cost thereof to the Contractor and/or his Sureties who agree to pay the owner the cost of
such work if the Contractor fails to respond as required.
END OF SECTION
SECTION 01025—MEASUREMENT AND PAYMENTS
DESCRIPTION
The Contractor shall furnish all labor,materials,tools, equipment, appurtenances and all services
necessary to perform all Work as required by the plans and specifications or as required by the
Engineer, at the lump sum or unit prices for the items listed herein.
Upon the completion and acceptance of the work specified and contracted for, the Owner will
pay the full amount, less any money paid by the Owner by reason of said Contractor having
failed to carry out faithfully and completely all the obligations and requirements herein
contained. Upon final settlement, according to the conditions herein specified and not until such
settlement shall have been made,will the Contractor be relieved from the obligations assumed in
the Contract.
END OF SECTION
SECTION 01500—CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
SCOPE
Work shall include but not be limited to the following:
A. Temporary Controls — Barriers, enclosures and fencing, protection of the Work, and
water control.
B. Construction Facilities — Access roads, parking, progress cleaning, project signage, and
temporary buildings.
TEMPORARY SANITARY FACILITIES
A. The Contractor shall provide at the site suitable enclosed toilet facilities for the use of
DIVISION 1 -Page 6 of 17
DIVISION 1 -GENERAL REQUIREMENTS
construction personnel. The Contractor shall observe and enforce all sanitary regulations
and maintain satisfactory sanitary conditions around and on all parts of the work.
B. Adequate washing facility shall be provided for the construction personnel.
C. The Contractor shall maintain, service, clean, and disinfect facilities in a satisfactory
manner and enforce proper use of the sanitary facilities.
D. The Contractor shall be subject to a fine and prosecution if any human excrement is
deposited in or around the construction site.
E. The Contractor shall pay for all expenses associated with temporary sanitary facilities
during the course of the work, including furnishing all necessary permits and fees
required for temporary sanitary facilities.
F. Comply with all applicable codes and arrange for all necessary inspections and
approvals.
FIRST-AID FACILITIES AND ACCIDENTS
A. The Contractor shall provide, at the site, such equipment and facilities as are necessary to
supply first-aid to any of his personnel who may be injured in connection with the work.
B. Accident
1. The Contractor shall promptly report in writing to the Engineer all accidents and
whatsoever arising out of, or in connection with, the performance of the work,
whether on or adjacent to the site, which cause death, personal injury or property
damage, giving full details and statements of witness.
2. If death or serious injuries or serious damages are caused, the accident shall be
reported as soon as practicable by telephone or messenger to both the Owner and
the Engineer.
3. If any claim is made by anyone against the Contractor or a Subcontractor on
account of any accidents,the Contractor shall promptly report the facts in writing
to the Engineer,giving full details of the claim.
PARKING
The Contractor's personnel shall not park on the main road or adjacent private side streets.
PROGRESS CLEANING
A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and
orderly condition.
DIVISION 1 -Page 7 of 17
DIVISION 1 -GENERAL REQUIREMENTS
B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as
designated by the Owner.
REMOVAL OF UTILITIES,FACILITIES AND CONTROLS
A. Clean and repair damage caused by installation or use of temporary work.
B. Restore existing facilities used during construction to original condition. Restore
permanent facilities used during construction to specified conditions.
END OF SECTION
SECTION 01501 —HEALTH AND SAFETY PROVISIONS
REQUIREMENTS
A. The Contractor shall be responsible to maintain a safe workplace and to monitor working
conditions at all times during construction and, as necessary, to provide appropriate
protective clothing, equipment and facilities for his personnel, and/or to establish work
place procedures to ensure their safety, and to enforce the use of these procedures,
equipment and/or facilities in accordance wit the following guidelines:
1. Safety and Health Regulations Promulgated by the U.S. Department of Labor
OSHA, 29 CFR 1910 — Occupational Safety and Health Standards, and 29 CFR
1920—Safety and Health Regulations for Construction.
2. U.S. Environmental Protection Agency Medical Monitoring Program Guidelines.
B. If, at any time, the Owner or the Engineer is apprised of a safety hazard which demands
immediate attention because of its high potential for harm to public travel, persons on or
about the work, or public or private property, the owner of the Engineer shall have the
right to order such safeguards to be erected and such precautions to be taken as necessary
and the Contractor shall comply with such orders. If, under such circumstances, the
Contractor does not or cannot or his representative is not upon the site so that he can be
notified immediately of the insufficiency of safety precautions, the Owner may put the
work into such a condition that it shall be, in his opinion, in all respects safety, and the
Contractor shall pay all expenses of such labor and materials as may have been used for
this purpose by him or by the Owner. The fact that the Owner or the Engineer does not
observe a safety hazard or does not order the Contractor to take remedial measures shall
in no way relieve the Contractor of the entire responsibility for any costs or claims for
loss, damage, or injury by or against any part sustained on account of the insufficiency of
the safety precautions taken by him or by the Owner acting under authority of this
Section.
C. It is the responsibility of the Contractor to take appropriate safety precautions to meet
DIVISION 1 - Page 8 of 17
DIVISION 1 -GENERAL REQUIREMENTS
whatever conditions of hazard may be present during the performance of the work,
whether reasonably foreseeable or not. The Contractor is alerted to the fact that it shall
be his sole responsibility to anticipate and provide such additional safety precautions,
facilities, personnel and equipment as shall be necessary to protect life and property from
whatsoever conditions of hazard are present or may be present.
END OF SECTION
SECTION 01502-ENVIRONMENTAL PROTECTION
WORK INCLUDED
A. The Contractor shall furnish all labor, equipment, and materials required for
environmental protection during and as the result of construction operations under
this Contract except for those measures set forth in other provisions of these
Specifications. Environmental protection requires consideration of air, water and
land, and involves noise and solid waste management as well as other pollutants.
APPLICABLE REGULATIONS
A. In order to prevent environmental pollution and to provide for environmental
protection arising from construction activities related to the performance of this
Contract, the Contractor and his subcontractors shall comply with all applicable,
Federal, State and local laws and regulations concerning environmental protection,
as well as the specific requirements stated in this Section and elsewhere in the
Specifications.
SUBMITTALS
A. Implementation Plan
Prior to commencement of the work, the Contractor shall:
1. Submit in writing his plans for implementing this Section for
environmental protection.
2. Meet with the Engineer to develop mutual understandings relative to
compliance with the provisions of this Section and administration of the
environmental protection program.
B. Erosion and Sedimentation Plan
1. The Contractor shall submit to the Engineer for approval, a detailed erosion
and sedimentation plan sufficiently in advance of construction so as not to
delay initiation of work. The plan shall include location and construction
DIVISION I -Page 9 of 17
DIVISION 1 -GENERAL REQUIREMENTS
details of the Contractor's proposed dikes, basins, etc. In addition, the
Contractor shall provide and submit his control measures for stockpile
material. No site work may commence without an approved plan. Plan
should conform to New York State Guidelines for Urban Erosion and
Settlement Control.
2. Contractor is to size the erosion and sediment control system consistent
with the NOAA Climatologically Summary data for Albany,New York.
PRODUCTS
GENERAL
A. All materials shall be in accordance with the Contractor's plan for environment
protection.
MATERIALS
A. Silt Fence
1. Silt fence shall be Style 1380 silt stop as manufactured by Amoco Fabrics and
Fibers Company, or equivalent.
B. Hay
1. Hay for use as erosion barrier shall be baled in rectangular bales and shall be
tied with twine.
C. Snow Fence
1. Snow fence shall be vertical wood lath tied with wire. Snow fence shall be a
minimum of 36 inches in height with wood lath spaced approximately 3 inches
on center.
D. Burlap
1. Burlap erosion control fabric shall be a woven landscaping fabric such as
geojute, as manufactured by Belton Industries or equivalent.
EXECUTION
PROTECTION OF LAND RESOURCES
A. General — It is intended that the land resources within the projects boundaries and
outside the limits of permanent work performed under this Contract be preserved
in their present condition, or be restored to a condition after completion of
DIVISION 1 -Page 10 of 17
DIVISION 1 -GENERAL REQUIREMENTS
construction, that will appear to be natural and not detract from the appearance of
the project. The Contractor shall confine his construction activities to areas
defined on the Plans or in the Specifications except with written approval of the
property owners and the Engineer.
B. Prevention of Landscape Defacement— Limits of working areas includes areas for
storage of construction material, and shall be cleared in a manner which will
enable satisfactory restoration and which will not affect the environment during or
after the construction period. The Contractor shall not enter beyond the working
limits of the working area except with written approval of the Engineer and
Owner.
C. Location of Storage — The location of areas for storage of the Contractor's
materials required temporarily in the performance of the work, shall be within the
limits of the working area and shall require written approval of the Engineer prior
to use. The preservation of the landscape shall be an imperative consideration in
the selection of all such sites. Where temporary structures are constructed on
sidehills, the Engineer may require cribbing to be used to obtain level foundation.
Benching or leveling of earth may not be allowed, depending on the location of the
proposed facility.
D. Post-Construction Cleanup or Obliteration — The Contractor shall obliterate all
signs of temporary construction facilities such as haul roads, work areas,
structures, foundations of temporary structures, stockpiles of excess or waste
materials, or any other vestiges of construction. It is anticipated that excavation,
filling and plowing of roadways will be required to restore the area to near natural
conditions which permit the growth of vegetation thereon. The disturbed areas
shall be graded and filled as required, and topsoil shall be spread to a depth of no
less than 6 inches over the entire area and the entire area shall be seeded.
PROTECTION OF WATER RESOURCES
A. General — The Contractor shall not pollute streams, lakes or reservoirs with fuels,
oils, bitumens, calcium chloride, acids, or harmful materials. It is the responsibility
of the Contractor to investigate and comply with all applicable, Federal, State,
County, and Municipal laws concerning pollution of rivers, streams and
impounded water. All work under this Contract shall be performed in such a
manner that objectionable conditions will not be created in streams through, or
bodies of water adjacent to, the project area.
B. Erosion — Surface drainage cuts and fills within the construction limits, whether or
not completed, and from borrow and waste disposal areas, shall, if turbidity
producing materials are present, be held in suitable sedimentation basins or shall
be graded to control erosion within acceptable limits. Temporary erosion and
sediment control measures such as berms, dikes, drains or sedimentation basins, if
required to meet the above standards, and shall be provided and maintained until
permanent drainage and erosion control facilities area completed and operative.
DIVISION 1 -Page l 1 of 17
DIVISION 1 - GENERAL REOUIREMENTS
The area of bare soil exposed at any one time by construction operations should be
held to a minimum.
C. Apply temporary mulch on denuded ground immediately after rough grading is
completed. This shall apply to all reasons not subject to appreciable traffic during
construction, even those that are to receive some form of construction later if
ground is to be exposed 30 days or more.
D. Upon approval by the Engineer, stream and drainage ditch crossing by fording with
equipment shall be limited to control turbidity, and in areas of frequent crossings,
temporary culverts or bridge structure shall be installed. Any temporary culverts
or bridge structures shall be removed upon completion of the project. Fills and
waste areas shall be constructed by selective placement to eliminate silts or clays
on the surface that will erode and contaminate adjacent streams.
E. Spillages — At all times of the year, special measures shall be taken to prevent
chemicals, fuels, oils, greases, bituminous materials, waste washings, herbicides
and insecticides and cement and surface drainage from entering public waters.
Should a spillage into the public waters occur, the Contractor shall immediately
notify the proper authorities. The Contractor will be responsible for any and all
costs associated with the cleanup of spillages.
F. Washing and Curing Water — Water used in embankment material processing,
aggregate processing, concrete curing, foundation and concrete cleanup and other
wastewaters shall not be allowed to re-enter the waterway if an increase in the
turbidity of the waterway will result therefore. At the point where this water enters
the waterway, precautions must be taken to assure that no permanent damage or
serious temporary damage is caused by change of the pH factor of the stream or by
introduction of nutrients or oxygen-consuming materials. Chemicals shall be
adjusting pH factor, if required.
G. Disposal — Disposal of any materials, wastes, effluents, trash, garbage, oil, grease,
chemicals, etc., in areas adjacent to streams or other waterways shall be strictly
prohibited. If any waste material is dumped in unauthorized area, the Contractor
shall remove the material and restore the area to the condition of the adjacent
undisturbed area. If necessary, contaminated ground shall be excavated, disposed
of as specified hereinbefore, and replaced with suitable fill material, compacted
and finished with topsoil, all at the expense of the Contractor.
PROTECTION OF FISH AND WILDLIFE
A. The Contractor shall at all times perform all work and take such steps required to
prevent any interference or disturbance to fish and wildlife. The Contractor will
not be permitted to alter water flows or otherwise disturb native habitat adjacent to
the project area which, in the opinion of the Engineer, are critical to fish or
wildlife. Fouling or polluting of water will not be permitted. Wash waters and
wastes shall be processed, filtered, pounded, or otherwise treated prior to their
DIVISION 1 -Page 12 of 17
DIVISION 1 -GENERAL REQUIREMENTS
release into streams or other waterways. Should polluting or fouling the water
occur, the Contractor shall immediately notify the property authorities. The
Contractor will be responsible for any and all costs associated with the cleanup of
polluted or fouled waters.
MAINTENANCE
A. The Contractor shall dispose of all discarded debris, aggregate samples and
concrete test samples from any source whatsoever, in a manner approved by the
Engineer. Toilet facilities shall be kept clean and sanitary at all times. Services
shall be performed at such a time and in such a manner to least interfere with the
operations. Services shall be accomplished to the satisfaction of the Engineer.
B. The contractor shall frequently remove material no longer required on the site,
such as excess excavated material, forms, temporary structures and similar
materials and equipment so that, at all times, the site, access routes to the site and
any other areas disturbed by his operations shall present a neat, orderly,
workmanlike appearance.
C. Before substantial completion inspection, the Contractor shall remove all surplus
material, false work, temporary structures, including foundations thereof, plant of
any description, and debris of every nature resulting from his operations, and put
the site in a neat, orderly condition; and restore all areas which have been used for
storage of materials and equipment, and all areas which have been disturbed by his
operations, to their original condition or to a condition satisfactory to and approved
by the Engineer.
DUST CONTROL
A. The Contractor shall maintain all excavations, embankments, stockpiles, haul
roads, permanent access roads, and waste areas, borrow areas and all other work
areas within or without the project boundaries free from dust which would cause a
hazard or nuisance to others or contaminate surface water.
B. The Contractor shall, at his own expense, keep dust under control at all times on
all roadways and other areas adjacent to the work or on the site of the work by the
use of at least once a day and at other times when directed, (including after
working hours, Saturdays, Sundays and holidays), of self-loading motor sweepers,
vacuums, spraying water, and a combination of these methods.
C. Approved temporary methods of stabilization consisting of motor sweepers,
vacuums, spraying water, and a combination of these methods, will be permitted to
control dust. Spraying water shall be repeated at such intervals to keep all parts of
the disturbed area at least damp at all times, and the Contractor shall have
sufficient suitable equipment on the job to accomplish this, if sprinkling is used.
Dust control shall be performed daily as the work proceeds and whenever a dust
nuisance or hazard occurs.
DIVISION 1 - Page 13 of 17
DIVISION 1 -GENERAL REQUIREMENTS
D. All areas undergoing excavation, grading, filling, cutting or subject to other dust-
producing activities by vehicles should be subjected to dust-inhibiting practices.
The use of liquid palliatives and penetrating asphalted materials will not be
permitted. Anchored mulch (asphaltic binders will not be permitted) shall be
applied to non-traffic areas subject to blowing as a temporary treatment.
Permanent vegetation shall be established as soon as possible.
E. Contractor shall perform his operations such that the Federal particulate standards
of 15 mg/M3 of respirable dust for a 24-hour period are not exceeded at the facility
property line.
NOISE CONTROL
A. The Contractor shall use every effort and means possible to minimize or eliminate
noise caused by his operation which the Engineer may consider objectionable. The
Contractor shall provide working machinery, designed to operate with the least
possible noise. The Contractor is responsible for maintaining compliance with all
applicable noise regulations and all State and local noise ordinances.
PESTICIDES AND HERBICIDES
A. Where pesticides or herbicides are to be used in construction operations, data
relative to restrictions on the type or types of material available and approved for
application to control or eradicate vegetation, insects or organisms shall be
obtained from the State or County agriculture departments. The amount of
pesticide applied shall be limited to the recommended dosage. Application
equipment shall provide an even distribution of the materials in accordance with
the approved rate in terms of pounds per acre. Materials delivered to the site shall
be covered and protected from the elements. Contents of the containers shall not
be exposed. Application equipment or empty containers shall not be rinsed and
discharged to the natural drainage channel. The rinse water shall be disposed of in
a manner that would not cause pollution of surface or groundwater. Should
pollution of the surface or groundwater occur, the Contractor shall immediately
notify the proper authorities. The Contractor will be responsible for any and all
expenses associated with the cleanup of the pollution of the surface or
groundwater.
PROHIBITED CONSTRUCTION PROCEDURES
A. The Contractor is advised that the disposal of excess excavated material in
wetlands, stream corridors and floodplains is strictly prohibited. Any violation of
this restriction by the Contractor or any person employed by him, will be brought
to the immediate attention of the responsible regulatory agencies, with a request
that appropriate action be taken against the offending parties. Therefore, the
Contractor will be required to remove the fill at his own expense and restore the
area impacted.
DIVISION 1 -Page 14 of 17
DIVISION 1 -GENERAL REQUIREMENTS
B. The Contractor shall at a minimum be strictly prohibited from performing the
following construction procedures:
1. Dumping of spoil material into any stream corridor, any wetlands, any surface
waters, or an unspecified location.
2. Indiscriminate, arbitrary or capricious operation of equipment in any stream
corridors, any wetlands or surface waters.
3. Pumping of silt-laden water from trenches or other excavations into any
surface waters, any stream corridors or any wetlands.
4. Damaging vegetation adjacent to, or outside of, the access road or the right-of-
way.
5. Disposal of trees, brush, and other debris in any stream corridors, any wetlands,
any surface waters, or at unspecified locations.
6. Permanent or unspecified alternation of the flow line of any stream.
7. Burning of project debris.
8. Location of storage stockpile areas in environmentally sensitive area.
9. Disposal of excess or unsuitable excavation material in wetlands or floodplains
even with permission of the property owner.
10. Discharging silty or muddy water from demucking or dewatering operations
into natural water courses.
END OF SECTION
SECTION 01770 - PROJECT CLOSEOUT
A. Clean-up Prior to Final Acceptance
1. Clean all construction areas free from accumulated forms, excavation fill,
construction materials and construction shanties.
2. All basins, manholes, and pipe as constructed shall be cleaned free from
accumulated construction dirt, silt, form work, etc., and all proper restoration
called for in the items of the Specifications shall be complete in every detail.
3. Remove stains, prints, paint, and soil marks of any nature from all ceilings,walls,
floors, hardware, new and existing fixtures and equipment.
DIVISION 1 - Page 15 of 17
DIVISION 1 - GENERAL REQUIREMENTS
B. Final Inspection
1. Upon completion of work under the Contract, notify the Owner and Engineer that
work is complete and ready for final inspection.
2. The work shall be inspected within a reasonable period of time, and list shall be
prepared showing all items of work, if any, requiring correction or attention on
the part of the Contractor.
3. Upon satisfactory completion of remedial work, the Engineer will issue
notification and application for final payment may be submitted in accordance
with the appropriate Article of the General Conditions.
4. Use of Completed Portion - The Owner shall have the right to take possession
and use any completed or partially complete portions of the work
notwithstanding that the time of completing the entire work or such portions may
not have expired. Such taking possession and use shall not be deemed an
acceptance of any work not completed in accordance with Contract Documents.
C. Documents Required to be Delivered to Engineer
1. Release of liens
2. Affidavit from all Subcontractors and material suppliers for job, stating that they
have been paid.
3. Affidavit that all payrolls, bills for materials, equipment and other indebtedness
connected with the work has been paid.
4. Releases and waivers of liens from Subcontractors, if required by the Owner.
5. Consent of surety to final payment.
D. Guarantees
1. Before issuance of the Final Payment, the Contractor shall deliver to the Owner
the following guarantee in addition to those specifically required in the General
Conditions and in the various Technical Sections of the specifications.
The Contractor hereby guarantees that all materials and workmanship installed
under his respective contract to be new and of good quality in every respect and
to remain so for a period of one (1)year, for longer periods where so provided for
in any manufacturers literature, from the date of the issuance of the Final
Certificate by the Engineer.
Should any defect develop in the aforesaid work within the stipulated periods due
to faulty materials and/or workmanship, the Contractor hereby agrees to make all
repairs and do all necessary work to correct the defective parts. The Contractor at
the expense of the Contractor shall complete such repairs and corrective work,
DIVISION 1 - Page 16 of 17
DIVISION 1 - GENERAL REQUIREMENTS
including the cost of making good all the work damaged by or otherwise affected
by the making of the repairs or corrective work, within five (S) days after notice
to the Contractor by the Owner.
In case the Contractor fails to do the work so ordered, the Owner may have the
work done and charge the cost thereof against the monies retained as provided for
in the contract and if no money is available, the Contractor and/or his sureties
agree to pay the owner the cost of such work.
2. Obtain, endorse and provide separate guarantees from sub-Contractors where
called for in the various sections of this specification.
END OF DIVISION
DIVISION 1 -Page 17 of 17
VENDOR NAME: 61OW 4,Y h/tq,u,.f� �vTrt r,nrh
VENDOR INFORMATION SHEET
TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL
FEDERAL EMPLOYEE ID #:
OR SOCIAL SECURITY#: %I
DATE OF ORGANIZATION:
IF APPLICABLE: DATE FILED:
STATE FILED: Nj
If a non-publicly owned Corporation:
CORPORATION NAME: ettly
LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares)
LIST OFFICERS AND DIRECTORS:
•...��!! NAME TITLE
✓�M L�,,,t�c�-, t''t
�►�
■aaaaaaaaaaa00aaaa0a0aaa0aaaa00aaa0aa0a0aa0a0a000aaa0a00a0a0a0a00aaa00aaa0aaa0aa"I
If a partnership:
PARTNERSHIP NAME:
LIST PARTNERS NAMES:
Proposal Package 3 of 9
ADDRESS RECORD FORM
MAIL BID TO: nn .ff
VENDOR NAME: Ll�ow icy' G�irtc,wnc (cwrcn
ADDRESS:
CONTACT:
TELEPHONE: 631 — X51 1-7q() FAX: G31 3 2.3 .I-7 Z
E-MAIL:
ONLY if different -
MAIL PURCHASE ORDER TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
ONLY if different-
MAIL PAYMENT TO:
ADDRESS:
TELEPHONE: FAX:
CONTACT: E-MAIL:
Proposal Package 4 of 9
VENDOR NAME: lbw
ASSUMED NAME CERTIFICATION
*If the business is conducted under an assumed name, a copy of the certificate required to be filed
under the New York general business law must be attached.
ASSUMED
NAME:
M14-
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, by an officer of the corporation, or other person authorized by resolution of the board
of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of
the partners or other person authorized by a writing signed by at least one general partner and
submitted with the bid or previously filed with the Purchasing Agent.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipality bid on contracts only that such interest be revealed when they do bid.)
INSURANCE STATEMENT
Bidder agrees as follows -please mark appropriate box:
Insurance Certificate as requested is attached
I certify that I can supply insurance as specified if awarded the bid
Insurance Certificate filed on i
DATE
FAILURE TO PROVIDE SPECIFIED INSU !7SHALL DISDIIALIFY BIDDER.
AUTHZED SIGNAT RE
Proposal Package 5 of 9
AFFIDAVIT OF NON-COLLUSION
I hereby attest that I am the person responsible within my firm for the final decision as to the
prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from
that person to make the statements set out below on his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation,
communication or agreement for the purpose of restricting competition with any other
contractor, bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person
who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid
opening.
I No attempt has been made or will be made to solicit, cause or induce any firm or person to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any
intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with,
or inducement from any firm or person to submit a complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of
materials or services from any other firm or person, or offered, promised or paid cash or
anything of value to any firm or person, whether in connection with this or any other project, in
consideration for an agreement or promise by an firm or person to refrain from bidding or to
submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of
materials or services to any firm or person, and has not been promised or paid cash or anything
of value by any firm or person, whether in connection with this or any project, in consideration
for my firm's submitting a complementary bid, or agreeing to do so, on this project.
7. 1 have made a diligent inquiry of all members, officers, employees, and agents of my firm with
responsibilities relating to the preparation, approval or submission of my firm's bid on this
project and have been advised by each of them that he or she has not participated in any
communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent
with any of the statements and representations made in this affidavit.
The per bid under the penalties of perjury, affirms the truth thereof.
SWORN TO BEFORE E THIS
Signatur�7e& om�Positi
Lot/l r7 DAY 00201
Type Name&Ompany Position
Compan N e OTA C
8 EMILY J RfJVE
Date ign NOTARY PUBLIC-STATE OF NEW YORK
No. O1 RE6059270
vo�#Mgm Qualified In Suffolk County
Federal I.D.Number My COIMMISSion Uplttf J91y 23. 2017
Proposal Package 6 of 9
THE PROPOSAL FORM
Norman Klipp Park Bulkhead
VENDOR NAME: ?awI
VENDOR ADDRESS:
TELEPHONE NUMBER: FAX: 631 — 3Z3-177 -L
The undersigned bidder has carefully examined the Contract Documents and will provide all
necessary labor, materials, equipment and incidentals as necessary and called for in the said
Contract Documents in the manner prescribed therein and in said Contract, and in accordance with
the requirements of the Engineer, at the prices listed on the attached Bid Proposal Form.
If the bidder is an individual, the bid must be signed by that individual; if the bidder is a
corporation, the bid must be signed by an officer of the corporation, or other person authorized by
resolution of the board of directors, and in such case a copy of the resolution must be attached; if a
partnership,.by one of the partners or other person authorized by a writing signed by at least one
general partner and submitted with the bid documents.
The submission of this constitutes a certification that no Town Officer has any interest therein.
(Note: In the event that any Town Officer has any such interest, the full nature thereof should be
disclosed below. It is not forbidden that individuals working for the Town of Southold or other
municipalities bid on contracts, but only that such interest be revealed when they do bid.)
J Q-
The undersigned hereby acknowledges receipt of the following Addenda(if none were issued please
write N/A below):
Addendum No. plk- Dated
Proposal Package 7 of 9
TOWN OF SOUTHOLD
NORMAN KLIPP PARK BULKHEAD
Lump Sum Proposal for: Town of Southold
ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID
NO. (Fill in Unit Price Written in Words) QUANTITY
1 Replace Approximately 124'of Bulkhead 1 LS
fo �2q , wD oo /LS 1 Zq I &UD . W
Dollars Cents
1. The Contractor shall receive the lump sum price for replacing approximately 124'of the existing bulkhead at Norman Klipp
Park to meet the requirements of the specifications found on the contract drawings(SP-1 &A-1)and completing the project in
accordance with all contract documents. This work will be performed under the New York State Department of Environmental
Conservation General Permit for Hurricane Sandy,GP-0-13-006.
TOTAL Nkr wt4 7 �h 1 CQv $ (2'(,(,t119 TD
Dollars Cents Numerically
WRITTEN IN WORDS
nnnanceT �nnne
AUTHORIZED SIGNAT ---- - -"
PRINT NAME � 4
TITLE `
DATE 20I
ACKNOWLEDGMENT
STATE OF NEW YORK, COUNTY OF %A� ss.:
On the _71- day of in the year 2014 before me, the undersigned, personally
appeared, , personally known to me or proved to me on the basis
of satisfactory evidence to b the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowl d d to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted,executed the instrument.
NO ARY PU C
EMILY J REEVE
NOTARY PUBLIC-STATE Of NEW YORK
No. O1 RE6059270
Qualified in Suffolk County
My Commission Expifos July 23, 2017
Proposal Package 9 of 9
Town of Southold
BIDDER'S QUALIFICATION STATEMENT
The signatory of this questionnaire certifies under oath the truth and correctness of al I statements
and of all answers to interrogatories hereinafter made.
SUBMITTED BY: ,-+°tit ( _ A Corporation
A Partnership or Entity
FIRM NAME: Y An Individual
PRINCIPAL OFFICE:
PRINCIPAL OFFICERS:
BACKGROUND
TITLE NAME ADDRESS PROFESSION/TRADE
Ll"W*C Mawr N► y M'I
1. How many years has your organization been in business under its present business name?
)Z �U41LS
2. You normally perform what percent of the work with your own forces? /O-Z %
List trades that you organization normally performs below:
&�&' &1kot"5
3. Have you ever failed to complete any work awarded to you?0. If so, note where and
why.
Ail#--
4. Are there any claims,judgments,arbitration proceedings or suits pending or outstanding
against your firm or its officers?If yes,please provide details.
QS-1
5. Has your firm requested arbitration or filed any lawsuits with regard to construction
contracts within the last five years?If yes, please provide details.
0 �
6. List the major construction projects your organization has underway at this date:
Name of: Engineer/
Project Owner Architect Contract Percent Scheduled
Name Telephone# Telephone# Amount Complete Completion
tf�M45 �6,1� h as 323 — 7'gV5- 4:S/M
L 323'S�2-- 140,u� '
�� . X03 >-��ss�� 373-z�lz'� � �s2,� f 0�1� v
7. List five major projects you organization has completed in the past five years:
Name of Engineer/ Work Done
Project Owner Architect Contract Date of With Own Forces
Name Telephone# Telephone# Amount Completion %of Work
I� br► �� 7 quo 2 ��3 /o-D °o
JYV
4 /13
130V 1W0 �i� ,�� / �'O � /13
/L n, 4-VV 7 4 13
QS-2
8. List the construction experience of the principal individuals of your organization
(particularly the anticipated project supervisors):
Present Type of Work
Position Years of For Which In What
Individual's Name Of Office Experience Responsible Capacity
9. Do you have, or can you obtain, sufficient labor and equipment to commence work when
required and complete the work within the Contract Time?
10. Bank References: e�,,, /-
,iK/t y 4�1.J � f a�gt 1''aa�J k - �yy!)ZZ0
�1S!(tiv ',/.lu, : • '?TaT�• .'":a.�� y+p.�rfa41
YMi�•i. 1 .. ' art
11. Trade Association Membership:
12. Has your firm ever been investigated by the New York State Department of Labor for
prevailing wage rate violations?If yes,when?What was the outcome of the
investigation?
!V
QS-3
13. Attach current state of financial conditions showing assets, liabilities and net worth.
Failure to attach the required documentation may be considered non-responsive on the
part of the Bidder and may result in rejection of the Bidder's Proposal.
STATE OF )
COUNTY OF )
being duly worn dep° Ps and says that he is
the S of �.{�1Eontractor and that
answers to the foregoing questions and all stateme is therein containe a true and correct.
(Signature of persov who signed bid)
L
Sworn to before me this day of014
Notary Public
Commission Expiration Date:
4T�_ ;
EMILY J REEVE
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 RE6059270
Qualified In Suffolk County
My Commission Expire: July 23, 2017
QS-4
Southold Town
u neeTrd1
®epartInem
" GULL POND F �+
INLET L
r
W
5
I
V W
d +,
EXISTING BOAT Z V
CILWNEL ^�
A-1 _ �•I
Z ami
C Wd
Jyll 31
/ tiV
Lu W
z g g i
,� Iao
C a g
a g
1 EXISTING ASPHALT p
PARKING LOT Drawing:
SITE PLAN
Scale: V'= 40.00'
SUeRt R
lo"BUTT z 2S CCA BATTER PILES '
AT V-V"O.C.(Stagger Sparing Each Side)
10"BUTTTT z 2S CCA FACE PILES Soutliold TOxrn
EXISTING BOAT CHANNEL AT VO O.0(Stagger Spacing Each Side) Engineering
EXISTING TUBER BULKHEAD TO REMAIN Bulkhead Cap-Fiberglass Grating with Department
Steel"M"Clip Fasteners&Stainless
6.8 C.CA BUTT BLOCK/CLAMP TIMBER Steel Lags.
AT EACH WHALER CONNECTION.
8z8 CONTINUOUS CCA WHALER- ~ x
TYPICAL NEW 6 PILE DOLPHIN AS SEAWARD END Z
(Extend One PBe f Upward-and Provide Reflectors.) C N./
Hei t- G
r
Match Existing W t-
lz spares p a'=a6.a
Ir FIBERGLASS SHEETING. Q ^ o
Saperloc 1610 or Approved Equal. 10'BUT z 25 CCA.FACE PILES - M H W C °S A >0
1"z 20'GALVANIZED METAL
TIE RODS AT EACH PILE. / AT r-0'O.C.(Stagger Spacing Each Side) ---- - - ------ W 3 +•
CL
9.8CONTINUOUS GCA WHALER- Q, Z r�U
10"BUIHORII BUTT �
� z�� / BEACHLAY LOG WITH
a V DEAD MAN AT EACHa rs r ea> _ W 0
TIE ROD. J ga CONTINUOUS CCA - to 4 _ IL U
WHALER.TYPICAL IO'BUTT.2S CCA BATTER PILES M L W _ _
/ / _ AT r-0'O.C.:(Stagger Spacing Each Side) 0 J HI W C L+
12S S'_%.0' f a 12"' 8z8 CONTINUOUS
2u,01 / CCA WHALER.
Z
t,i 100 +/-) Existing
4
/
1
Ir FIBERGLASS
Superloc 1610 or App
Channel Bottom
/ I /
x/ ' PLAN DETAIL "All
Ir/ ' ( c
Scale: 1/16"=V-6"
F
' NI ti z g z
' PROJECT NOTES: o N W 4 a ® S o
13
EXISTING TIMBER BULKHEAD TO BE REMOVED BY THE CONTRACTOR M ® s9
' WHERE NEEDED OR REQUIRED TO ACCOMMODATE NEW CONSTRUCTION.
® y
I USE 3/6'H.D.G.HARDWARE THROUGHOUT O O "6 0000
ALL PILE&TIMBER MATERIAL SHALL HAVE 23 EN
P.C.H.TREATMT. O N t� � c
�" Yf C g
THE CHANNEL PROFILE IMMEDIATELY ADJACENT TO THIN NEW WORK >t .g a
SHALL BE DREDGED AT THE END OF CONSTRUCTION TO A DEPTH OF X Q
6'BELOW MEAN LOW WATER.ALL SPOILS SHALL BE USED TO FILL Q w
LANDWARD SIDE OF NEW BULKHEAD. p p
Drawing:
SECTION DETAIL A-'1
Scale: 1/4"=V-0"
Sheet 2 of 2
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
General Permit Number GP-0-13-006
PERMIT
Under the Environmental Conservation Law (ECL)
GENERAL PERMIT GP-0-13-006
Hurricane Sandy General Permit
Permittee and Facility Information
Permit Issued To: Facility:
Affected Landowner Location Listed on
Notice of Intent
Applicable DEC Region(s): 1
General Permit Authorized Activity: General Permit for repair of damages resulting from Hurricane
Sandy.
Description of Authorized Activities:
1. Stabilization of existing functional storm-damaged dwellings, decks and walkways with temporary
bracing and pilings;
2. Construction of a single 4'wide access walkway to access damaged dwellings;
3. Installation of up to four rows of sandbags or 1 cubic yard sand cubes at the toe of storm damaged
structures or eroded escarpments;
4. Placement of sand and/or material equivalent to existing material at the toe of eroded escarpments;
5.Repair or reconstruction of stairways that were functional before Hurricane Sandy;
6.Re-grade eroded dunes;
7.In-kind/in-place repair or reconstruction of bulkheads and shoreline erosion structures that were
functional before Hurricane Sandy;
8.Repair or reconstruction of existing public roads, bridges, utilities and other public infrastructure.
All work shall be done according to the permit conditions contained herein.
Permit Authorizations
Tidal Wetlands-Under Article 25
Effective Date: 07/16/2013 Expiration Date: 10/31/2014
Excavation &Fill in Navigable Waters -Under Article 15,Title 5
Effective Date: 07/16/2013 Expiration Date: 10/31/2014
Water Quality Certification -Under Section 401 -Clean Water Act
Effective Date: 07/16/2013 Expiration Date: 10/31/2014
Coastal Erosion Management-Under Article 34
Effective Date: 07/16/2013 Expiration Date: 10/31/2014
Page 1 of 6
in
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION qqw
General Permit Number GP-0-13-006
NYSDEC Approval
By acceptance of this permit,the permittee agrees that the permit is contingent upon strict
compliance with the ECL,all applicable regulations,and all conditions included as part of this
permit.
General Permit Authorized by
Permit Administrator:STUART M FOX , Deputy Chief Permit Administrator
Address: NYSDEC HEADQUARTERS
625 BROADWAY
ALBANY,NY 12233
Authorized Signature: At. r*x Date: 7/ 16/ 2013
Permit Components
NATURAL RESOURCE PERMIT CONDITIONS
WATER QUALITY CERTIFICATION SPECIFIC CONDITION
GENERAL CONDITIONS,APPLY TO ALL AUTHORIZED PERMITS
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following
Permits: COASTAL EROSION MANAGEMENT; WATER QUALITY
CERTIFICATION; EXCAVATION & FILL IN NAVIGABLE WATERS; TIDAL
WETLANDS
1. Conformance With Plans All activities authorized by this permit must be in strict conformance
with the approved plans submitted by the applicant or applicant's agent as part of the permit application.
Such approved pians were prepared by the applicant and/or an authorized representative.
2. In-kind,In-place Repair or Reconstruction Existing bulkheads, walkways and shoreline erosion
structures that were functioning at the time of the storm damage may be repaired or reconstructed in-
kind and in-place of the existing structures.No expansion or seaward extension of bulkheads or
shoreline structures is authorized by this permit.
3. Repairs to Structures All repairs to existing structures shall be confined to replacement of existing
elements with no change in design, dimension or materials, unless specifically authorized by this permit.
4. Stairway Design The stairs and landings shall be a maximum of 4 feet in width and constructed a
minimum of 3 feet above grade over the dune/bluff face.
Page 2 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
General Permit Number GP-0-13-006
5. Backfilling All peripheral berms, cofferdams, rock revetments, seawalls, gabions, bulkheads or
other approved shoreline stabilization structures shall be completed prior to placement of any fill
material behind such structures.
6. Equipment Operation Equipment operation below the high tide line is strictly prohibited. The
storage of construction equipment and materials shall be confined to the project work area and areas
more than 100 feet from the high tide line.
7. Sanitary Systems This permit does not authorize filling or re-grading of exposed sanitary systems.
Landowners must apply for separate permits to perform repairs or reconstruction to sanitary systems.
8. Hydraulically-filled Sandbags,Sand Cubes and Geotubes Hydraulically-filled sandbags, sand
cubes and geotubes are strictly prohibited.
9. Beach Excavation Prohibited for Fill Excavation of the beach or dune for the purpose of obtaining
fill material is prohibited. Sandbags may not be filled using sand from the beach or dune areas.
Sandbags must be filled with clean sand; no debris or deleterious materials are allowed.
10. Sandbag and Sand Cube Installation Sandbags and sand cubes must be installed no more than
four rows deep and a maximum of three rows high.
11. Removal of Sandbags and Sand Cubes Sandbags and sand cubes must be removed within 120
days of installation, or a separate DEC permit to allow the structures to remain permanently must be
obtained.
12. Tidal Wetland Vegetation There shall be no disturbance or damage to vegetated tidal wetlands or
dune vegetation as a result of the work performed under this permit. All necessary precautions must be
taken to prevent damage or disturbance to these vegetated areas.
13. Construction Debris All construction debris shall be cleaned up at the end of each work day and
disposed properly. No debris is permitted in tidal waters or the beach areas.
14. Asian Longhorned Beetles Any tree debris within New York City, Nassau or Suffolk counties
shall be disposed of by chipping to less than 1 inch in any two dimensions,then used as mulch, erosion
control, building agent, or fuel. Wood may only be moved from Asian Longhorned Beetle quarantine
areas under a permit from the NYS Department of Agriculture and Markets
(http://www.agriculture.ny-goy�PI alb.html .
15. Least Terns and Piping Plovers All recovery and repair work occurring in open, sandy beach
areas must cease on March 31, 20I3 to protect potential habitat for Least Tern and Piping Plover, unless
otherwise authorized in writing by the Department.
16. No Dredging or Excavation No dredging, excavating or other alteration of shoreline or
underwater areas is authorized by this permit, nor shall issuance of this permit be construed to suggest
that the Department will issue a permit for such activities in the future.
17. No Interference With Navigation There shall be no unreasonable interference with navigation by
the work herein authorized.
Page 3 of 6
in
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
General Permit Number GP-0-13-006
18. State Not Liable for Damage The State of New York shall in no case be liable for any damage or
injury to the structure or work herein authorized which may be caused by or result from future
operations undertaken by the State for the conservation or improvement of navigation, or for other
purposes, and no claim or right to compensation shall accrue from any such damage.
19. State May Order Removal or Alteration of Work If future operations by the State of New York
require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the
Department of Environmental Conservation it shall cause unreasonable obstruction to the free
navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the
State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the
Department to remove or alter the structural work, obstructions, or hazards caused thereby without
expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill,
excavation, or other modification of the watercourse hereby authorized shall not be completed, the
owners, shall, without expense to the State, and to such extent and in such time and manner as the
Department of Environmental Conservation may require, remove all or any portion of the uncompleted
structure or fill and restore to its former condition the navigable and flood capacity of the watercourse.
No claim shall be made against the State of New York on account of any such removal or alteration.
20. State May Require Site Restoration If upon the expiration or revocation of this permit, the
project hereby authorized has not been completed, the applicant shall, without expense to the State, and
to such extent and in such time and manner as the Department of Environmental Conservation may
lawfully require, remove all or any portion of the uncompleted structure or fill and restore the site to its
former condition. No claim shall be made against the State of New York on account of any such
removal or alteration.
21. Precautions Against Contamination of Waters All necessary precautions shall be taken to
preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents,
lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials
associated with the project.
WATER QUALITY CERTIFICATION SPECIFIC CONDITIONS
1. Water Quality Certification The NYS Department of Environmental Conservation hereby certifies
that the subject project will not contravene effluent limitations or other limitations or standards under
Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977(PL 95-217)provided that all of the
conditions listed herein are met.
GENERAL CONDITIONS - Apply to ALL Authorized Permits:
1. Facility Inspection by The Department The permitted site or facility, including relevant records,
is subject to inspection at reasonable hours and intervals by an authorized representative of the
Department of Environmental Conservation (the Department) to determine whether the permittee is
complying with this permit and the ECL. Such representative may order the work suspended pursuant
to ECL 71- 0301 and SAPA 401(3).
Page 4 of 6
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Ift
General Permit Number GP-0-13-006
The permittee shall provide a person to accompany the Department's representative during an inspection
to the permit area when requested by the Department.
A copy of this permit, including all referenced maps, drawings and special conditions, must be available
for inspection by the Department at all times at the project site or facility. Failure to produce a copy of
the permit upon request by a Department representative is a violation of this permit.
2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly
provided for by the Department, issuance of this permit does not modify, supersede or rescind any order
or determination previously issued by the Department or any of the terms, conditions or requirements
contained in such order or determination.
3. Applications For Permit Renewals,Modifications or Transfers The permittee must submit a
separate written application to the Department for permit renewal,modification or transfer of this
permit. Such application must include any forms or supplemental information the Department requires.
Any renewal,modification or transfer granted by the Department must be in writing. Submission of
applications for permit renewal, modification or transfer are to be submitted to:
Regional Permit Administrator
625 Broadway
Albany, NY 12233-1750
4. Submission of Renewal Application The permittee must submit a renewal application at least 30
days before permit expiration for the following permit authorizations: Tidal Wetlands, Excavation &
Fill in Navigable Waters, Water Quality Certification, Coastal Erosion Management.
5. Permit Modifications,Suspensions and Revocations by the Department The Department
reserves the right to exercise all available authority to modify, suspend or revoke this permit. The
grounds for modification, suspension or revocation include:
a. materially false or inaccurate statements in the permit application or supporting papers;
b. failure by the permittee to comply with any terms or conditions of the permit;
c. exceeding the scope of the project as described in the permit application;
d. newly discovered material information or a material change in environmental conditions,
relevant technology or applicable law or regulations since the issuance of the existing permit;
e. noncompliance with previously issued permit conditions, orders of the commissioner, any
provisions of the Environmental Conservation Law or regulations of the Department related to
the permitted activity.
6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or
another permit condition. Applications for permit transfer should be submitted prior to actual transfer of
ownership.
Page 5 of 6
in
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION lqw
General Permit Number GP-0-13-006
NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS
Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification
The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the
Department of Environmental Conservation of the State of New York, its representatives, employees,
and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the
permittee's acts or omissions in connection with the permittee's undertaking of activities in connection
with, or operation and maintenance of, the facility or facilities authorized by the permit whether in
compliance or not in compliance with the terms and conditions of the permit. This indemnification does
not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or
intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under
Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision
under federal or state laws.
Item B: Permittee's Contractors to Comply with Permit
The permittee is responsible for informing its independent contractors, employees, agents and assigns of
their responsibility to comply with this permit, including all special conditions while acting as the
permittee's agent with respect to the permitted activities, and such persons shall be subject to the same
sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.
Item C: Permittee Responsible for Obtaining Other Required Permits
The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-
way that may be required to carry out the activities that are authorized by this permit.
Item D: No Right to Trespass or Interfere with Riparian Rights
This permit does not convey to the permittee any right to trespass upon the lands or interfere with the
riparian rights of others in order to perform the permitted work nor does it authorize the impairment of
any rights, title, or interest in real or personal property held or vested in a person not a party to the
permit.
Page 6 of 6
� 2
•
s
A( 40
\ 0d\SNA
F�
OQ� ,
.0
~ r
z
/ C7
EACH AREA /
/
4�
O
$ H I
61 1
EXISTING BOAT CI IAWL
EXISTING TIMBER BULKHEAD TO REMAIN
6x8 C.CA BUTT BLOCK/CLAMP TIMBER
AT EACH WHALER CONNECTION.
8x8 CONTINUOUS C.CA WHALER-
TYPICAL NEW 6 PILE DOLPHIN AS SEAWARD END
(Extend One Pile 4'Upward and Provide Reflectors.)
�, 4'a•
�\ 12 Spaces @ 8'=9&0,
18'FIBERGLASS SHEETING-
Superloc 1610 or Approved Equal. 10"BUTT x 25'C.CA FACE PILES
V x 20'GALVANIZED METAL AT 8'-0" O.C.(Stagger Spacing Each Side)
TIE RODS AT EACH PILE. 8x8 CONTINUOUS C.CA WHALER-
10"BUTT HORIZONTAL � r!J`` // TYPICAL
LAY LOG WITH l0"BUTT
x S'DEAD MAN AT EACH I�
TIE ROD. / 8x8 CONTINUOUS C.0A
/
/ WHAL$R-TYPICAL � 10"BUTT x 25'GCA BATTER PILES
/ /
AT 8'-0 O.C. S Sacro Each Side
_ ( tagger Spacing )
ns
1q,0•
24► /� / 1001 +/-) Existin
�1 1
PLAN DETAIL "A"
•'�
Scale:al • 1/1 6" = V-0"
I t
PROJECT NOTES:
EXISTING TIMBER BUL.KHHEAD TO BE REMOVED BY THE CONTRACTOR
WHERE NEEDED OR REQUIRED TO ACCOMMODATE NEW CONSTRUCTION.