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Grove Road Stormwater Project
a� ®� RESOLUTION 2014-853 ADOPTED DOC ID: 10189 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-853 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21,2014: WHEREAS,the Environmental Conservation Law(ECL) authorized State assistance to the Town of Southold for the water quality improvement project known as Grove Road Stormwater Project by means of Contract C-303426; and WHEREAS,the Town Board of the Town of Southold deems it to be in the public interest and benefit under this Contract to enter into an Agreement with South Fork Asphalt Inc. to perform the work necessary to construct the Project; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of South Fork Asphalt Inc. in the sum of$49,490.00 upon recommendation by the Town Engineer to construct the Grove Road Stormwater Project, all in accordance with plans and provisions of Contract#C-303426 Peconic Bay Estuary Program,Amendment No.3, dated August 25, 2014; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and South Fork Asphalt Inc. in the amount of$49,490.00, subject to the approval of the Town Attorney. ni.� Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell A� CERTIFICATE OF LIABILITY INSURANCEF10/20/2014DATE( THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER T Sharon Hayden Dayton, Ritz & Osborne PHONE (631)324-0420 FAX 78 Main St EMAILC.Note-ADDRESS:shayden@droins.com P.O. Box 5099 INSURERS AFFORDING COVERAGE NAIC 0 East Hampton NY 11937 INSURERANational Fire Ins of Hartford 0478 INSURED INSURER B.Continental Casualty Co. 20443 DeLalio Coal & Stone, Co. , Inc. INSURER C:Technolocry Insurance Company 2376 Delalio Asphalt, Inc. , South Fork Asphalt INSURER D: 224-A North Main Street INSURERE: Southampton NY 11968 INSURER F: COVERAGES CERTIFICATE NUMBER:CL14102005750 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE MIO/I.ICY EFF fP LICY EX LIMITS POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY $ 100,000 A CLAIMS-MADE �OCCUR X 4034513031 2/16/2013 2/16/2014 MED EXP(Any one person) $ 5,000 X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY I X I PRO- LOC $ AUTOMOBILE LIABILITY Ea accident SINGLE LIMIT1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ALL OWNED /16/2014 AUTOS 4034513000 2/16/2013 2BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PPROPERTY DAMAGE AUTOS $ I PIP-Basic $ 50,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED I X I RETENTION$ 10,00 C4034513014 2/16/2013 2/16/2014 $ C WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory In NH) r3383785 1/18/2013 1/18/2014 E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yea,deaaibe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Certificate Holder is listed as Additional Insured with regard to General Liability coverage and is subject to all terms & conditions CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Southold ACCORDANCE WITH THE POLICY PROVISIONS. 53095 Route 25 PO BOX 1179 AUTHORIZED REPRESENTATIVE Southold, NY 11971 John McGuirk/SHARON ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 onlnnsi nt Tho arnon noma and lnnn era ron)eforarl morlre of A(npn ORIGINAL lAL AGREEMENT THIS AGREEMENT, entered into this$ Uay of October, 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 South Fork Asphalt Inc. (the "Contractor"), with an address of 224-A North Main Street, Southampton, New York 11968; 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 Grove Road Stormwater Project, including,but not limited to,the following: Construction of leaching catch basins and grass swale to capture and infiltrate stormwater runoff from Grove Road and Mill Creek Drive 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 "Water Quality & Drainage Road Reconstruction Project", drawn by James A. Richter, R.A., dated March 31, 2014 and September 30, 2014, and in accordance with the NYS DEC Permit No. 1-4738-04358/00001 dated September 22, 2014, 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 thirty (30) 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 $49,490.00. 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 4 Work on the Project Site, which may be damaged by the Contractor's Work. In no event 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: *vPorry W.Det alio;Jr:if.raMent South Fork Asphalt-Incl 244; W=rttl Main $treat h 7 �u'tharrlpton,N*-11 d�8- ARTICLE 20. WAIVER No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. ARTICLE 21. MODIFICATION This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. ARTICLE 22. APPLICABLE LAW This Agme eiMrgbvethed by the laws of the State of New York. IN W 1Us$', E'AE(aF, the Town of Southold has caused these presents to be signed by ScoVQ%..a6a§e11, "its" SupemktO, duly authorized to do so, and the Contractor has caused these presents to be signed by its President, the day and year first above written. South For phalt Inc. of By: 1�� ✓��G Perry W. DeLalio, Jr., President 9 Town of Southold By: '�e� Scott A. Russell, Supervisor STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On this_day of October in the year 2014 before me, the undersigned,personally appeared PERRY W. DELALIO, JR.,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"Noita6 execut the inst . ent. Notary Public,State ofEUZABETH S.SANI ow y No.01SA6205506 Qualified in Suffolk County Garmilesion Expires May 11. STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) k On this day of October 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. (:: (a -tom`'M .. q-,(oiT Notary Public LAUREN M.STANDISH Notary Public,State of New York No.OIST6164008 Qualified in Suffolk County Commission Expires April 9.2015 10 TOWN OF SOUTHOLD GROVE ROAD STORMWATER PROJECT SOUTHOLD, TOWN OF SOUTHOLD, SUFFOLK COUNTY,NEW YORK Ado Prepared By: TOWN OF SOUTHOLD 53095 Route 25 P.O. Box 1179 Southold,N.Y. 11971 TABLE OF CONTENTS TOWN OF SOUTHOLD GROVE ROAD STORMWATER PROJECT Title Page ------ Table of Contents ------ Invitation to Bid ------ Instructions to Bidders I13-1 thru I13-6 NYS Wage Rates ------ Standard Insurance Requirements SIR 1 thru SIR 3 General Conditions GC-1 thru GC-12 Conditions of Contract CC-1 thru CC-17 Proposal Form Package Proposal Form Package Pages 1 thru 9 Qualification of Bidders QS-1 thru QS-4 Contract Agreement A-1 thru A-3 Specifications Divisions 1 & 2 NYSDEC Permit No. Six (6) Pages Water Quality & Drainage Road Reconstruction Project—Drawing SP-1 Water Quality &Drainage Road Reconstruction Project—Drawing SP-2 Water Quality& Drainage Road Reconstruction Project—Drawing A-1 Water Quality &Drainage Road Reconstruction Project—Drawing A-2 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: "GROVE ROAD STORMWATER PROJECT" Definite specifications may be obtained at the Southold Town Clerk's Office beginning October 2,2014 PLACE OF OPENINGS: DATE OF OPENINGS: TIME OF OPENINGS: TOWN OF SOUTHOLD October 16,2014 2:00 PM TOWN CLERKS OFFICE 53095 MAIN ROAD SOUTHOLD,NY 11971 CONTACT PERSON: Michael Collins, P.E. Town of Southold, 631-765-1560 VENDORS MUST SUBMIT BIDS IN SEALED ENVELOPES. PLEASE PRINT ON THE FACE OF ENVELOPE: 1)NAME & ADDRESS OF BIDDER 2) BID NAME BID MUST BE ACCOMPANIED BY A 5 % BID SECURITY. It is the bidder's responsibility to read the attached Bid Specifications, Instructions to Bidders, and General_Conditions, which outline bidding rules of the Town of Southold. Upon submission of bid, it is understood that the bidder has read, fully understands and will comply with said GENERAL CONDITIONS and specification requirements. The Town of Southold requires that this document be returned intact and that it be filled out completely. Please do not remove any pages from this bid package, and make a copy of the bid document for your records. A non-mandatory pre-bidder's conference will be held at 10:00AM on October 9, 2014 at the end of Grove Road in Southold. 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 113 - 1 INSTRUCTIONS TO BIDDERS F 1. RECEIPT AND OPENING OF BIDS The Town of Southold invites bids on the forms herein provided to construct stormwater improvements on Grove Road and Mill Creek Drive in Southold, 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 October 16, 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 thirty(30)days 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 set forth in more detail herein following the Instructions to Bidders in the Standard Insurance 113 - 5 INSTRUCTIONS TO BIDDERS 1 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. IB - 6 THE PREVAILING WAGE CASE NUMBER ISSUED BY THE NEW YORK STATE DEPARTMENT OF LABOR FOR THIS PROJECT CAN BE FOUND ON THE NEXT PAGE. A CURRENT PREVAILING WAGE SCHEDULE FOR THIS PROJECT CAN BE OBTAINED DIRECTLY FROM THE DEPARTMENT OF LABOR WEBSITE @ www.labor.state.ny.us NB6I,� Andrew M.Cuomo,Governor 9� Peter M.Rivera,Commissioner OF Town of Southold Schedule Year 2014 through 2015 Michael Collins,Civil Engineer Date Requested 09/30/2014 PO Box 1179 PRC# 2014009174 53095 Main Road Southold NY 11971 Location Grove Road&Mill Creek Drive Project ID# Project Type Installation of leaching catch basins and a grass swale to collect and infiltrate stormwater runoff 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: 1. Coverage shall include: A. All owned vehicles B. Hired car and non-ownership liability coverage C. Statutory no-fault coverage ADDITIONAL CONDITIONS OF INSURANCE: 1. Contractor/vendor shall submit copies of any or all required insurance policies as and when requested by the Town. 2. If any of the contractor's/vendor's policies of insurance are cancelled or not renewed during the life of the contract, immediate notice of cancellation of non-renewal shall be delivered to the Town no less than 10 days prior to the date and time of cancellation or non-renewal. CERTIFICATE OF INSURANCE: The contractor/vendor shall file with the Town of Southold prior to commencing work under this contract,a certificate of insurance. 1. Certificate of insurance shall include: A. Name and address of insured B. Issue date of certificate C. Insurance company name D. Type of coverage in effect E. Policy number F. Inception and expiration dates of policies included G. Limits of liability for all policies on certificate. included on certificate SIR- 2 STANDARD INSURANCE REQUIREMENTS Description of operations/locations/etc. Box must include the statement: "THE TOWN OF SOUTHOLD IS LISTED AS ADDITIONAL INSURED" CERTIFICATE HOLDER SHALL BE LISTED AS: TOWN OF SOUTHOLD 53095 ROUTE 25, P.O. BOX 1179 SOUTHOLD, NY 11971 2. If the contractor's/vendor's insurance policies should be non-renewed, cancelled or expire during the life of the contact, the Town shall be provided with a new certificate indicating the replacement policy information as requested above. Thirty days (30) prior written notice to the Town of Southold for cancellation is applicable. SIR- 3 GENERAL CONDITIONS INDEX 1. Definitions of Terms 2. Standards of Workmanship 3. Samples 4. Manufactured Materials 5. Laboratory 6. Shop Drawings 7. Permits 8. Plans and Specifications 9. Cutting,Patching and Digging 10. Errors, Omissions and Discrepancies 11. Temporary Toilet 12. Proper Method of Work and Proper Materials 13. Inspection 14. Waiver 15. Water and Electric Power 16. Machinery and Equipment 17. Maintenance 18. Schedule of Operations 19. Right to Use Work 20. Notice of Warning 21. Warning Signs 22. Accident Prevention 23. Damages 24. Maintenance of Traffic 25. Final Site Cleaning 26. Protection of Land Markers, Trees, Shrubs, and Property 27. Protection of Utilities 28. No Damages for Delay 29. Record Keeping 30. Subcontractors and Suppliers 31. Penal Law GC - 1 GENERAL CONDITIONS 1. DEFINITIONS OF TERMS: Whenever the following words and expressions are used in the Specifications, it is understood that they have the meaning defined below: PLANS: All official drawings or reproductions of drawings pertaining to the work or to any structure connected therewith. SPECIFICATIONS: The body of directions, requirements, descriptions, etc. contained in this document, together with all documents of any description and agreements made (or to be made) pertaining to the methods or manner of performing the work and/or to the quantities and quality of materials to be furnished and accepted under this Contract. OWNER: Shall mean Town Board, Town of Southold. ENGINEER (ARCHITECT): the Owner and/or duly authorized representative to represent the Owner in the execution of the work covered by the consultants and assistants engaged by the Owner and the Engineer to the extent of the particular duties entrusted to them. CONTRACT: Collectively, the Contract executed by the Owner and the Contractor, Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Special Conditions, Specifications, Construction Drawings, Addenda, Performance Bonds, and all supplemental agreements made or to be made. CONTRACTOR: The party of the second part hereto, whether corporation, firm or individual, or any combination thereof, and successor, personal representatives, executors, administrators and assigns, and any person, firm or corporation who or which shall at any time be substituted in place of the second part under this Contract. INSPECTOR: An authorized representative of the Owner or his Engineer assigned to make any and all necessary inspections of the work performed and the materials furnished by the Contract. MATERIALS: Any approved materials acceptable to the Engineer and conforming to the requirements of these Specifications. WORK: All of the work proposed to be accomplished at the site of the project, and all such other work as is in any manner required to accomplish the complete project. This includes all plant, labor, materials, supplies, equipment and other facilities and acts necessary or proper or incidental to the carrying out and completion of the terms of this Contract. The term "work performed" shall be construed to include the material delivered to and suitably stored at the site of the project. 2. STANDARDS OF WORKMANSHIP: The apparent silence of the Specifications as to any detail or an apparent omission from them of a detailed description concerning any work to be done and materials to be furnished shall be regarded as meaning that only the best general practice observed in the latest current construction work is to prevail and that only material and workmanship of first quality is to be used in this connection and all interpretations of these Specifications shall be made upon this basis. GC -2 GENERAL CONDITIONS 3. SAMPLES: The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. Samples shall be submitted in ample time so as to prevent delay in fabrication or ordering of materials, allowing for a reasonable time for the Engineer to consider the samples submitted and, if necessary, to permit a resubmission of samples to the Engineer until approval is given. Work and material shall be furnished and executed in accordance with approved samples, in every aspect. Each sample shall be labeled, bearing material, name and quality, Contractor's name, date and other pertinent data. Unless otherwise specified, samples shall be in duplicate and of adequate size to show quality, type, color, range and finish and texture of material. Materials shall not be ordered until approval is received in writing from Engineer. 4. MANUFACTURED MATERIALS: Where several materials are specified by name, the Engineer shall have the right, before execution of the Contract, to require any and all bidders to state the materials upon which they based their bid. Where any materials are specified by name or trade name, or by catalog number of a company or companies, the Contractor shall furnish the article mentioned unless approval of the Engineer is obtained in writing for a substitution. Should Contractor desire to substitute another material for one or more specified by name,he shall apply in writing for such permission and state credit or extra involved. He shall also provide supporting data and samples for Engineer's consideration. Unless particularly specified otherwise, all manufactured articles, materials and equipment shall be applied, assembled, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer and including the necessary preparation to properly install the work. Where reference is made to manufacturer's directions, the Contractor shall submit such directions to the Engineer as required. The materials used in construction shall be disposed as not to endanger the work, and so that full access may at all times be had to partly completed work and structures and they shall be so disposed as to cause no injury to those having access to the work or any of the units. All labor shall be performed in the best and most workmanlike manner by mechanics skilled in their respective trades. Standards of work required throughout shall be of such grades as will bring first-class results only. The type of labor employed by the Contractor shall be such as will insure the uninterrupted continuity of the entire work,without conflict of any kind. 5. LABORATORY: Laboratories shall be designated by the Engineer for testing the materials to be used under the Contract. Where tests are made by other than the designated laboratories, two certified copies showing correctly the chemical analysis and physical tests shall be furnished to the Engineer. 6. SHOP DRAWINGS: The Contractor shall submit to the Engineer six (6) copies of all shop drawings and schedules and no work shall be fabricated until his approval has been given. All shop drawings submitted to the Engineer must be in English, and must bear the Contractor's stamp of approval evidencing that the drawings have been checked. GC - 3 GENERAL CONDITIONS The Contractor will make any corrections in the drawings required by the Engineer and will file with the Engineer four corrected copies. Approval by the Engineer of such drawings or schedules shall not relieve the Contractor from responsibility for (a) errors of any sort in shop or setting drawings or schedules; or(b) deviations from Plans and Specifications unless the Contractor, at the time of submission of said drawings and schedules, has given notice to the Engineer of any such deviations. 7. PERMITS: 7.1 Municipal: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions as contained herein together with the provisions, as they apply, of the Highway Law (Town Code)with all subsequent changes, additions or corrections thereto. A. The Contractor shall obtain from the Building Department a certificate of occupancy, whenever the scope of work of the Contract provides for the construction of a building or structure, or for modification or alteration of a building or structure, so that a certificate of occupancy, or a revised certificate of occupancy is required under state and/or local law. The Owner shall be responsible for obtaining the building permit and permit(s) pre-requisite thereto, including but not limited to the following, unless Contractor is specifically required to obtain the same pursuant to other provisions of this document: (1) Demolition permit (2) Building permit (2) Fire prevention permit (3) Health Department/Application to construct a) Sanitary system including SPDES permit b) Hazardous materials storage The following additional permits when required under law shall also be obtained by the Owner: (1) NYSDEC permit(s) (2) Town Division of Environmental Protection (3) U.S. Army Corp of Engineers The Contractor shall give all notices, and comply with all laws, ordinances, rules, regulations and conditions of the permits, bearing on the conduct of the work as drawn and specified, and shall be responsible for acquisition of all pertinent information necessary for such compliance. The Contractor shall be responsible for: (1) Coordinating all building department and other department and agency inspections and approvals, (2) Obtaining U.L. approvals, (3) Health Department inspections and approvals, (4) Obtaining final certificate of occupancy. On projects involving multiple contracts, it shall be the responsibility of the "General Contractor" GC -4 GENERAL CONDITIONS to coordinate with the building department and other agencies and to obtain the certificate of occupancy. It shall be the responsibility of the mechanical contractors (prime contractors other than the G.C.) to coordinate inspections and approvals of that part of the project, which falls within the scope of their contract with the G.C., and/or as may be appropriate, directly with the approving agency. In the event that one or more of the contractors on a multi-contract project fails to perform the work in a timely manner, thereby causing undue delay in the completion of the project, and the issuance of the certificate of occupancy, the owner shall in that event, have the option to exercise "The owners right to stop work or terminate contract" as provided for in the conditions of the contract. B. Pipes and Underground Structures: All work in connection with the installation of pipes or other underground structures of a like nature either within or without the limits of the highway, shall follow all the provisions, as they apply, of the Highway Law As per Town Code Standards) with all subsequent changes, additions or corrections thereto. C. Any work to be performed within the Town Highway right-of-way will require a Town Highway Department road-opening permit. Obtaining of the permit and subsequent release/approval shall be the responsibility of the Contractor. Acceptance of the contractor's performance bond in lieu of the Contractors road-opening bond shall be at the option of the Highway Department. 7.2 Suffolk County: All permits required for opening County roads and making connections with County drains will be obtained by the Owner. A copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. (a) Department of Public Works All permits required for opening County roads and making connections with County drains, will be obtained by the Owner. A Copy of the permit, which must be kept on the job at all times, will be supplied to the Contractor. The Contractor will not be permitted to open any County road or make any connection to any County drain until he has been supplied with this permit. The Contractor shall be responsible for conformance to all conditions of the permit and for the subsequent release/approval. (b) Department of Health Services: The Contractor shall be responsible for obtaining approvals pursuant to Health Department permits described in paragraph 7.1 A. GC - 5 GENERAL CONDITIONS 7.3 State of New York: The Contractor shall obtain all necessary New York State highway permits whenever the Contract requires any work to be done within or upon existing State highway right-of- ways. These permits shall be obtained from the District Office in Hauppauge prior to the performance of the work. Upon application for the permit, the Contractor will be required to supply the following: (1) Three (3) copies of a sketch or print showing description and location of the proposed work. The Engineer will supply these prints to the Contractor. (2) Contingent liability insurance for the State (in addition to his own liability insurance) shall be furnished in amounts and manner as required by the State of New York. The contingent protective liability and completed operations liability insurance policy to cover: "The people of the State of New York and/or the Superintendent of Public Works covering liability arising with respect to all operations through highway permits by permittee or by anyone acting by, through or for the permittee, including omissions and supervisory acts of the State", in the amount of personal injury(including death)and property damage as required. 8. PLANS AND SPECIFICATIONS: The Contractor will be furnished with five sets of Plans and Specifications giving all the details and dimensions necessary for carrying out the work. One copy of Plans and Specifications furnished to the Contractor must be kept constantly on the site. Anything shown on the Plans and not mentioned in the Specifications or mentioned in the Specifications and not shown on the Plans and all the work and materials necessary for the completion of the work according to the intent and meaning of the Contract shall be furnished, performed and done as if the same were both mentioned in the Specifications and shown on the Drawings. Any conflict or inconsistency between the Plans and Specifications, or any discrepancy between the figures and scale of Drawings, shall be submitted by the Contractor to the Engineer, whose decision thereon shall be conclusive. In the event the meaning of any portion of the Specifications or Drawings or any supplementary drawings or instructions of the Engineer is doubtful, the same shall be understood to call for the best type of construction, both as to materials and workmanship, which reasonably can be interpreted. All materials and workmanship must be strictly in accordance with the Specifications. The Plans show approximate size, arrangement and location of the proposed work. The Engineer will give base lines, grades, shapes and dimensions and the Contractor shall construct the work exactly in accordance with such instructions of the Engineer subject, however, to change as provided for under the headings "Changes and Alterations" and "Compensation to be Paid to the Contractor". Additional copies of Plans and Specifications, when requested, will be furnished to the Contractor at cost of reproduction. The Contractor shall furnish to each of the subcontractors and materialmen such copies of the Contract Documents as may be required for their work. GC - 6 GENERAL CONDITIONS 9. CUTTING, PATCHING AND DIGGING: The Contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by Drawings and Specifications for the completed structure, and he shall make good after them as Engineer may direct. Any cost caused by defective or ill-timed work shall be borne by the party responsible therefor. The Contractor shall not endanger any work by cutting, digging or otherwise, and shall not cut or alter the work of any other contractor save with the consent of the Engineer. 10. ERRORS,OMISSIONS AND DISCREPANCIES: a) If any errors, omissions or discrepancies appear in the drawings, Specifications or other documents, the Contractor shall, within ten days from receiving such Drawings, Specifications or documents, notify the Engineer in writing of such errors or omissions. In the event of the Contractor's failing to give such notice, he will be held responsible for the results of any such errors or omissions and the cost of rectifying the same. b) If, in the opinion of the Contractor, any work is shown on Drawings, or details, or is specified in such a manner as will make it impossible to produce a first class piece of work, or should discrepancies appear between the Drawings and/or Specifications, he shall refer the same to the Engineer for interpretation before proceeding with the work. If the Contractor fails to make such references to the Engineer, no excuse will thereafter be entertained for failure to carry out the work in satisfactory manner as directed. c) Should a conflict occur in or between the Drawings and Specifications and/or existing conditions, the Contractor shall be deemed to have estimated on the more expensive way of doing the work, unless he shall have asked for and obtained a decision in writing from the Engineer, before the submission of bids, as to which method or material will produce the results to the best int rest"o`ffi�eTovG�_ _ _. 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-6faiiy`part of the- furnislied-or work performedunder the-Contract. 20. NOTICE OF WARNING: If the Contractor shall fail to make prompt payment to persons supplying labor or materials for the work, or refuse or fail to supply enough properly skilled workmen or proper materials or refuse or fail to prosecute the work or any part thereof with such diligence as will insure its completion within the period herein specified (or any duly authorized extension thereof) or fail to complete the work within said period or fail or refuse to regard laws, ordinances, codes, instructions of the Engineer, then the Engineer shall forward by registered mail to the Contractor, at the address given in the Contract, a Notice of Warning, and in the event the Contractor fails to comply with said Notice of Warning within five (5) days from receipt thereof, the Owner shall have the right to terminate the Contract. 21. WARNING SIGNS: Contractor shall provide and maintain proper luminous warning and detour signs where directed by the Engineer. Obstructions such as stored materials, equipment and excavations shall be marked with not less than two lights, which shall be not more than 4 feet apart. All lights shall be kept burning from one-half hour before sunset to until one-half hour after sunrise. GC - 9 GENERAL CONDITIONS 22. ACCIDENT PREVENTION: During the performance of the work, the Contractor shall exercise all reasonable precautions for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment and all other physical hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America to the extent that such provisions are not inconsistent with Federal, State or Municipal laws or regulations. If any operation, practice or condition is deemed by the Engineer to be unsafe, he shall notify the Contractor in writing to take corrective action. Where, in the opinion of the Engineer, any operation, practice or condition shall be promptly discontinued and before the affected part of the work is resumed,remedial action taken. The Owner reserves the right to remedy any neglect on the part of Contractor as regards the protection of the work which may come to its attention, after 24 hours'notice in writing; except that in cases of emergency it shall have the right to remedy any neglect without notice, and in either case to deduct the cost of such remedy from money due the Contractor. Nothing in the foregoing paragraphs shall be construed as relieving the Contractor from full responsibility at all times for safe prosecution of the work. 23. DAMAGES: The Contractor shall pay and make good all losses or damages arising out of any cause connected with the Contract and shall indemnify;and save harmless the Owner from any and all claims and any and all liability or responsibility of every nature and kind for any loss, damage or injury which may be brought against the Owner or any of its officers or agents, by reason of, or connected with the work or materials furnished under the Contract and shall pay all costs and expenses of every kind, character, and nature whatever, occurring upon or arising out of the Contract. 24. MAINTENANCE OF TRAFFIC: All work under this Contract is to be completed within the time indicated in the Contract Agreement or as extended by the Owner. If in the meantime it should become necessary, because of the lateness of the season, or any other reason to stop the work, the Contractor shall at his own expense, open proper drainage ditches, erect temporary structures where necessary,prepare the roads so there will be minimum interference with traffic, set up and maintain a competent organization as directed by the Engineer,to keep the highways in first class condition for traffic, and take every precaution to prevent any damage or unreasonable deterioration of the work during the time it is closed. 25. FINAL SITE CLEARING: Before final payment will be approved, the Contractor shall prepare the construction areas as follows: All basins, manholes and pipe as constructed shall be cleaned free from accumulated construction dirt, silt, form work, etc., and all proper restoration as called for in the items of the Specifications shall be complete in every detail. The Contractor shall clean all construction areas free from accumulated forms, excavation fill, construction materials and construction shanties. All areas shall be completed in every detail and shall be broom cleaned from excess dirt and materials. GC - 10 GENERAL CONDITIONS 26. PROTECTION OF LAND MARKERS, TREES, SHRUBS, AND PROPERTY: Wherever in the conduct of the work, a monument marking a point of public or private survey is encountered or brought to view by excavation; the fact shall at once be communicated to the Engineer. In no case shall the Contractor remove the same until the location for resetting shall have been made by the Engineer. All monuments or land markings exposed to view when the work is first undertaken shall be carefully preserved and the greatest care exercised to prevent injury to or disturbance of position of the same. The unit price of all items shall include the cost of restoring to its former condition any sidewalks or curbs, as well as restoring any trees, shrubs or lawns that may be damaged during this construction. No additional payment will be made. The Contractor is required at his own expense to obtain any and all permits for use of private property if he uses such property for storage, transportation or accomplishment of the work under the Contract. Private property shall be cleaned up neatly, any damage repaired and premises restored to their original condition. 27. PROTECTION OF UTILITIES: The Contractor shall familiarize himself with the existence of structures of municipal and other public service corporations on or adjoining the site of the work, and give reasonable opportunity to and cooperation with the owners of these utilities in the work of reconstructing or altering them. Such reconstruction and alteration shall be so conducted as to delay or interfere as little as practicable with the work of the Contractor. Any additional cost of various items of work because of these utilities shall be included in the price bid for these items. The Engineer shall direct the public utility corporations to shift or remove those utility structures that may be necessary to permit the Contractor to carry out the work in accordance with the Plans. The Contractor shall not remove or cause to be removed, any structure or part of a structure owned by a public utility corporation without the approval of the Engineer. The Contractor shall cooperate with the public utility corporation whose structures (aerial, surface or subsurface) are within the limits of or along the outside of the right-of-way, to make it possible for them to maintain uninterrupted service. The Contractor shall conduct his operations in such a way as to delay or interfere as little as practicable with the work of the utility corporation. 28. NO DAMAGES FOR DELAY: Notwithstanding any other provisions to this Contract, the Contractor agrees to make no claim for damages for delay in the performance of this Contract occasioned by any act of the Town or any of its representatives, and agrees that any such claim shall be fully compensated for by an extension of time to complete performance of the work as provided herein. This provision shall not apply to any act or omission to act of the Town or any of its representatives, wherein the same is done in bad faith and with deliberate intent to delay the Contractor in the performance of this Contract. 29. RECORD KEEPING: The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract (hereinafter the "records"). The records must be kept for the balance of the contract term and for six (6) years thereafter. GC - 11 GENERAL CONDITIONS 30. SUBCONTRACTORS AND SUPPLIERS: Within five days after receipt from the Engineer of notice to begin work, the Contractor will furnish written notice of names of all subcontractors to be employed on the project and the general items of work to be done by them. Simultaneously, the Contractor shall furnish written notice of the names of suppliers of materials to be used on the project. The Owner may disapprove for good cause any subcontractor or material supplier selected by the Contractor by giving written notice of its disapproval within five (5) days after receiving the names of subcontractors and material suppliers, to the Contractor who shall thereupon promptly notify the Owner of the names of the subcontractor or material supplier selected in replacement which shall again be subject to approval by the Owner. 31. PENAL LAW: Attention is called to Section 1918 of the Penal Law as follows: Construction or blasting near pipes conveying combustible gas No person shall discharge explosives in the ground,nor shall any person other than a state or county employee regularly engaged in the maintenance and repair thereof excavate in any then existing street, highway, or public place, unless notice thereof in writing shall have been given at least seventy-two hours in advance to the person, corporation or municipality engaged in the distribution of gas in such territory. The person having direction or control of such work shall give such notice, and further he shall ascertain whether there is within one hundred feet in such street, highway or public place, or in the case of a proposed discharge of explosives within a radius of two hundred feet of such discharge, any pipe of any other person, corporation or municipality conveying combustible gas, and if thereby any such pipe,_he shall also give such notice to-any other such person, corporation or municipality. Provided, however, that in any emergency involving danger to life, health, or property it shall be lawful to excavate without using explosives if the notices prescribed herein are given as soon as reasonably possible, and to discharge explosives to protect a person or persons from an immediate and substantial danger of death or serious personal injury if such notices are given before any such discharge is undertaken. Any such work shall be performed in such manner as to avoid danger to any pipe conveying combustible gas. Any violation of the provisions of this section shall be a misdemeanor. GC - 12 CONDITIONS OF CONTRACT INDEX 1. Contract Documents and Definitions 2. Scope of the Work 3. Compensation to be paid to the Contractor 4. Time of Essence 5. Commencement of Work 6. Time of Completion 7. Liquidated Damages for Delays 8. Extension of Time. No Waiver 9. Weather 10. Laws and Ordinances 11. 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 m32. Responsibility forVork a 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 1. CONTRACT DOCUMENTS AND DEFINITIONS The Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings, together with any Addenda, shall form part of this Contract, and the provisions thereof shall be as binding upon the parties hereto, as if they were herein fully set forth. The table of contents, titles, heading, headlines, and marginal notes contained herein are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light upon the interpretation of the provisions to which they refer. Whenever the term "Contract Documents" is used, it shall mean and include the Notice to Bidders, Instructions to Bidders, Proposal Form, Conditions of Contract, General Conditions, Specifications, Form of Contract, Construction Drawings and any Addenda. In case of any conflict or inconsistency between the provisions of the Contract and those of the Specifications,the provisions of this Contract shall govern. Extra Work: The term "extra work", as used herein, refers to and includes all work required by the Owner, which in the judgement of the Engineer involves changes in or additions to work required by the Plans, Specifications and any Addenda in their present form and which is not covered by a specific unit price in the Form of Bid. Subcontractor: The term "subcontractor" shall mean any person, firm, or corporation supplying labor and material for work at the site of the project but not including the parties to this Contract. Notice: The term "notice", as used herein, shall mean and include written notice. Written notice shall be deemed to have been duly served when delivered to, or at last known business address of, the person, firm or corporation for whom intended,or his,their, or its duly authorized agents, representatives, or officer, or when enclosed in a postage prepaid wrapper or envelope addressed to such person, firm or corporation at his, their or its last known business address and deposited in a United States mailbox. Directed, Required, Approved,Acceptable: Whenever they refer to the work or its performance, "directed", "required", "permitted", "ordered", "designated", "prescribed", and words of like import shall imply the direction, requirement, permission, order, designation or prescription of the Engineer, and "approved", "satisfied", or "satisfactory", "in the judgement of', and words of like import, shall mean approved, or acceptable to, or satisfactory to, or in the judgement of the Engineer. 2. SCOPE OF THE WORK The Contractor will furnish all plant, labor, materials, supplies, equipment and other facilities and things necessary or proper for, or incidental to, the work contemplated by this Contract as required by, and in strict accordance with the applicable Plans, Specifications and Addenda prepared by the Engineer and/or required by, and in strict accordance with, such changes as are ordered and approved pursuant to this Contract, and will perform all other obligations imposed on him by this Contract. CC - 2 CONDITIONS OF CONTRACT 3. COMPENSATION TO BE PAID TO THE CONTRACTOR (a) Agreed Prices: It is understood and agreed that the Contractor will accept as payment in full the summation of products of the actual quantities in place upon the completion of the work, as determined by the Engineer's measurements, by the unit prices bid, no allowance being made for anticipated profit or for reasons of variations from the estimated quantities set forth in the Form of Bid. (b) Extra Work: The Owner may, at any time, by a written order and without notice to the Sureties, require the performance of such extra work or changes in the work as it may find necessary or desirable. The amount of compensation to be paid to the Contractor for any extra work, as so ordered, shall be determined as follows: 1)By such applicable unit prices, if any,as set forth in the Contract; or 2) If no such unit prices are set forth, then by unit price or by a lump sum mutually agreed upon by the Owner and the Contractor; or 3) If no such unit prices are so set forth and if the parties cannot agree upon unit prices or a lump sum; then by actual net cost in money to the Contractor of the materials, permits, wages of applied labor, premiums for Workmen's Compensation Insurance,payroll taxes required by law, rental for plant and equipment used (excluding small tools) to which total cost will be added twenty (20) percent as full compensation for all other items of profit, costs and expenses, including administration, overhead, superintendence, insurance, insurance other than Workmen's Compensation Insurance, materials used in temporary structures, allowances made by the Contractor to subcontractors 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 THIRTY (30) DAYS from the date the contract is signed by all parties. The date of such completion shall be the date of the Certification of Completion herein specified. The entire work must be satisfactorily completed so that the project improvements are available to the Town for use. 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 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. 18. 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 I own expense, as will effectively prevent any accident in consequence of his work for which the Owner might be liable. The Contractor shall be liable for all injuries or damage caused by his act or neglect, or that of his employees. The Contractor shall take particular care to avoid the blocking of fire hydrants, fire alarm boxes, letterboxes,traffic signals or other visible devices maintained for the use of the public. 23. REPRESENTATIONS OF CONTRACTOR The Contractor represents and warrants: (a) That he is financially solvent and that he is experienced in, and competent to, perform the type of work involved under this Contract and able to furnish the plant, materials, supplies and/or equipment to be furnished for the work; and (b) That he is familiar with all Federal, State and Municipal Law, ordinances and regulations which may in any way affect the work of those employed hereunder, including but not limited to any special acts relating to the work; and (c) That such work required by these Contract Documents as is to be done by him can be satisfactorily constructed and used for the purpose for which is intended and that such construction will not injure any person or damage any property; and (d) That he has carefully examined the Plans, Specifications and the site of the work, and that from his own investigations he has satisfied himself as to the nature and location of the work, the 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 - Il 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 thereof)or shall fail to complete the work within said periods; or (e) The Contractor shall fail to make prompt payments to persons supplying labor or materials for the work; or (f) The Contractor shall fail or refuse to regard laws, ordinances or the instructions of the Engineer or otherwise be guilty of a substantial violation of any provisions of this Contract; then and in any such event, the Owner, without prejudice to any other rights or remedy it may have, may by seven(7) days' notice to the Contractor, terminate the employment of the Contractor and his rights to proceed either as to the entire work or(at the option of the Owner) as to any portion thereof as to which delay shall have occurred, and may take possession of the work and complete the work by contract or otherwise, as the Owner may deem expedient. In such case, the Contractor will not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation to be paid the Contractor hereunder shall exceed the expense of so completing the work (including compensation for additional managerial, administrative and inspection services and any damages for delay), such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor and his sureties shall be liable to the Owner for such excess. If the right of the Contractor to proceed with the work is so terminated, the Owner may take possession of and utilize in completing the work, such materials, appliances, supplies, plant and equipment as may be on the site of the work and necessary thereof. If the Owner does not so terminate the right of the Contractor to proceed,the Contractor shall continue to work. 31. CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work shall be stopped by order of the Court or other public authority for a period of three (3) months without act or fault of the Contractor or any of his agents, servants, employees or subcontractors, the Contractor may, upon ten (10) days notice to the Owner, discontinue his performance of the work and/or terminate the Contract; in which event, the liability of the Owner to the Contractor shall be determined as provided in Paragraph 31. The Contractor shall not be obligated to pay to the Owner any excess of the expense of completing the work over the unpaid balance of the compensation to be paid to the Contractor hereunder. 32. RESPONSIBILITY FOR WORK The Contractor agrees to be responsible for the entire work embraced in this Contract until its 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 parry 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 parry 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 corporatir r y ubitc 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 DIVISION 1 -GENERAL REQUIREMENTS TOWN OF SOUTHOLD GROVE ROAD STORMWATER PROJECT 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 GROVE ROAD STORMWATER PROJECT is located in the Town of Southold on Grove Road and Mill Creek Drive in Southold, County of Suffolk and State of New York. BACKGROUND The Grove Road Stormwater Project includes the construction of leaching catch basins and a grass swale to capture and infiltrate stormwater runoff from Grove Road and Mill Creek Drive. This work will be performed under New York State Department of Environmental Conservation Permit No. 1-4738-04358/00001. 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 October 9, 2014 at LOAM, and it is Strongly Recommended that each contractor bidding on the project attend this site visit. B. In general,the work shall include but not be limited to the following: • Construction of leaching catch basins and a grass swale • Reconstruction of asphalt pavements and grass road shoulders • Removal of all waste materials generated by the project C. Without restricting the generality of the foregoing and for the convenience of each Contractor, the items of work are specified under the Standard 16 Uniform Divisions of the Construction Specifications Institute as follows: 1. General Requirements 2. Site Work 3. Concrete(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) DIVISION 1 -Page 2 of 17 DIVISION 1 - GENERAL REQUIREMENTS 15B. Plumbing(Not Used) 16. Electrical(Not Used) 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 reliablesuperintendent, who shalthave autliofity 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 DIVISION 1 - Page 3 of 17 DIVISION 1 - GENERAL REQUIREMENTS the passage of vehicles, pedestrians and all other kinds of public traffic; and he must take every precaution against accidents happening to said vehicles, pedestrians and other traffic because of his operations. The Contractor shall enforce regulations and restrictions as may be necessary or 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, DIVISION 1 - Page 4 of 17 DIVISION 1 - GENERAL REQUIREMENTS address and telephone number of client's engineer for which each project was undertaken by Contract. A minimum of five (5)of the projects must have been built for municipal clients. APPROVAL OF SUBCONTRACTORS 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 accompanyingandforming part of these Specifications bear the titles Water Quality& Drainage Road Reconstruction Project, Drawings SP-1, SP-2, A-1 &A-2. 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. DIVISION 1 - Page 5 of 17 DIVISION 1 - GENERAL REQUIREMENTS B. Should any defects develop in the aforesaid work within the stipulated periods due to faults in materials and/or workmanship, the Contractor hereby agrees to make all repairs 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. DIVISION 1 - Page 6 of 17 DIVISION 1 - GENERAL REQUIREMENTS TEMPORARY SANITARY FACILITIES A. The Contractor shall provide at the site suitable enclosed toilet facilities for the use of construction personnel. The Contractor shall observe and enforce all sanitary regulations 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 adj'"ace-ht: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. DIVISION I - Page 7 of 17 DIVISION 1 - GENERAL REQUIREMENTS PROGRESS CLEANING A. Maintain areas free of waste materials, debris and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris and rubbish from site and dispose weekly in areas as designated by the Owner. REMOVAL OF UTILITIES,FACILITIES AND CONTROLS A. Clean and repair damage caused by installation or use of temporary work. B. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified conditions. END OF SECTION SECTION 01501 —HEALTH AND SAFETY PROVISIONS REQUIREMENTS 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 DIVISION 1 - Page 8 of 17 DIVISION 1 -GENERAL REQUIREMENTS loss, damage, or injury by or against any part sustained on account of the insufficiency of the safety precautions taken by him or by the Owner acting under authority of this Section. C. It is the responsibility of the Contractor to take appropriate safety precautions to meet whatever conditions of hazard may be present during the performance of the work, 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 s 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. DIVISION 1 - Page 9 of 17 DIVISION 1 -GENERAL REQUIREMENTS B. Erosion and Sedimentation Plan 1. The Contractor shall submit to the Engineer for approval, a detailed erosion and sedimentation plan sufficiently in advance of construction so as not to delay initiation of work. The plan shall include location and construction details of the Contractor's proposed dikes, basins, etc. In addition, the 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. ,H�a 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. DIVISION 1 - Page 10 of 17 DIVISION 1 -GENERAL REQUIREMENTS EXECUTION PROTECTION OF LAND RESOURCES A. General — It is intended that the land resources within the projects boundaries and outside the limits of permanent work performed under this Contract be preserved in their present condition, or be restored to a condition after completion of construction, that will appear to be natural and not detract from the appearance of 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, sfructures;"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 DIVISION 1 - Page 11 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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. 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. DIVISION 1 -Page 12 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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 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-"eat"-orderly-condition; and restore all areas which havd,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. DIVISION 1 - Page 13 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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. 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. DIVISION 1 - Page 14 of 17 DIVISION 1 -GENERAL REQUIREMENTS 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. 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 DIVISION 1 - Page 16 of 17 DIVISION 1 - GENERAL REQUIREMENTS 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. 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 DIVISION 1 - Page 15 of 17 DIVISION 1 - GENERAL REQUIREMENTS Conditions and in the various Technical Sections of the specifications. The Contractor hereby guarantees that all materials and workmanship installed under his respective contract to be new and of good quality in every respect and to remain so for a period of one (1)year, for longer periods where so provided for in any manufacturers literature, from the date of the issuance of the Final Certificate by the Engineer. Should any defect develop in the aforesaid work within the stipulated periods due to faulty materials and/or workmanship, the Contractor hereby agrees to make all repairs and do all necessary work to correct the defective parts. The Contractor at the expense of the Contractor shall complete such repairs and corrective work, including the cost of making good all the work damaged by or otherwise affected by the making of the repairs or corrective work, within five (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 DIVISION 2 - SITE WORK GENERAL The work under this Division shall be subject to the requirements of the GENERAL CONDITIONS, CONDITIONS OF CONTRACT, DRAWINGS, SCHEDULES, ADDENDA and other Contract documents. Refer to the Drawings and Specifications of other trades and Contractors for items, which might affect the work under this Division. TABLE OF CONTENTS -DIVISION 02000-SITE WORK Included in this Division are the following sections: 02200-Earthwork DIVISION 2 - I of 4 DIVISION 2 - SITE WORK SECTION 02200 -EARTHWORK WORK INCLUDED The Contractor shall furnish labor, materials, equipment and appurtenances necessary or required to perform and complete all earthwork in area inside and outside the building limit to obtain required finish elevations. Earthwork includes, but is not limited to: A. Excavation of unsuitable material to be replaced with controlled fill material. B. Backfilling of trenches within building lines. Limit of work under this contract shall include the entire site. QUALITY ASSURANCE A. Code and Standards: Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. INSPECTION A. The Contractor shall visit and thoroughly familiarize them with the site and with the scope of work to be done. B. When the Contractor submits their proposal, it shall be interpreted to mean that he has examined the site, fully understands the existing and proposed conditions and has made due allowances for them in their proposal. PREPARATION A. Notification of utility companies shall be in accordance with Industrial Code Rule#53 of Title 12, of the Official Compilation of Codes, Rules and Regulations of the State of New York. B. Notify all utility companies, prior to start of work and ascertain location of all existing utilities. C. Exercise extreme caution in the area of existing utilities so as not to cause damage or breakage. D. The Contractor shall verify all elevations and satisfy themselves as to their correctness by visiting the site of the proposed work and examining the actual condition prior to the beginning of the work. DIVISION 2 - 2 of 4 DIVISION 2 - SITE WORK PERFORMANCE A. The Contractor shall exercise diligent care to protect Protection of Persons and Property: 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. B. Protect structures, utilities, sidewalks, pavements and other facilities from damage caused by settlement, lateral movement, undermining, washout and other hazards created by earthwork operations. ADJUST AND CLEAN A. The Contractor shall clean up and remove from the site all rubbish and surplus material as fast as it accumulates and shall not permit it to be scattered about the project site. SOIL MATERIALS A. Definitions: 1. Satisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposes, as GW, GP, GM, SW, SP, SM, & SC with no more than 20 percent by weight finer than No. 200 sieve. 2. Unsatisfactory Soil Materials: Materials classified by ASTM D 2487, Classification of Soils for Engineering Purposed, as ML, CL, OL, MH, CH, OH, & PT and those soils classified as satisfactory which do not meet the gradation requirements specified above. 3. Backfill and Fill Materials: Satisfactory soil materials free of clay, rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetable and other deleterious matter. EXCAVATION A. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. B. Unauthorized excavation consists of removal of materials beyond indicated sub grade elevations or dimensions without specific direction of the Architect. Unauthorized excavation, as well as remedial work directed by the Architect shall be at the Contractor's expense. DIVISION 2 - 3 of 4 DIVISION 2 - SITE WORK COMPACTION A. General: Control soil compaction during construction providing minimum percentage of density specified for each area classification. B. Percentage of Maximum Density Requirements: Compact soil to not less than the following percentage of maximum dry density for soils which exhibit a well-defined moisture density relationship determined in accordance with ASTM D 698; and not less than the following percentages of relative density, determined in accordance with ASTM D 2049, for soils which will not exhibit a well-defined moisture density relationship. C. Structures: Compact top 12" of sub grade and each layer of backfill or fill material at 95% maximum dry density. D. Building Slabs and Paved Areas: Compact top 12" of sub grade and each layer of backfill or fill material at 95%maximum dry density. BACKFILL AND FILL A. Place acceptable soil material in layers to required sub grade elevations, for each area classification listed below: 1. Under Walks,use satisfactory excavated or borrow material. 2. Under Building Slabs,use satisfactory borrow material. GRADING A. General: Uniformly grade areas within limits of grading under this section, including adjacent transition areas. Smooth finished surfaces within specified tolerances, compact with uniform levels or slopes between points where elevations are shown or between such points and existing grades. B. The top of foundation shall be set at 6" above the highest natural grade at the perimeter of the building. END OF SECTION DIVISION 2 - 4 of 4 VENDOR NAME: CJc l�S4KR�-Tac VENDOR INFORMATION SHEET TYPE OF ENTITY:CORP. PARTNERSHIP INDIVIDUAL FEDERAL EMPLOYEE ID #: OR SOCIAL SECURITY#: DATE OF ORGANIZATION: 19 0 IF APPLICABLE: DATE FILED: 11W STATE FILED: Ne,-J �On*- If a non-publicly owned Corporation: CORPORATION NAME: �eSua�w �a5rtrn�e;i abs Scuxw ,� 1p(+uwr LIST PRINCIPAL STOCKHOLDERS: (5% of outstanding shares) LIST OFFICERS AND DIRECTORS: NAME TITLE RW If a partnership: PARTNERSHIP NAME: LIST PARTNERS NAMES: Proposal Package 3 of 9 ADDRESS RECORD FORM MAIL BID TO: VENDOR NAME: Sc, w- ADDRESS: a,�.k- Ukma& �xua�wp `t I CONTACT: nn,a CU"-e. CTS TELEPHONE: 63t-a.5i3-00'3Z FAX: E-MAIL: A Sowtx Vc r&66 c 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: e art ASSUMED NAME CERTIFICATION *If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York general business law must be attached. ASSUMED NAME: If the bidder is an individual, the bid must be signed by that individual; if the bidder is a corporation, by an officer of the corporation, or other person authorized by resolution of the board of directors, and in such case a copy of the resolution must be attached; if a partnership, by one of the partners or other person authorized by a writing signed by at least one general partner and submitted with the bid or previously filed with the Purchasing Agent. The submission of this constitutes a certification that no Town Officer has any interest therein. (Note: In the event that any Town Officer has any such interest, the full nature thereof should be disclosed below. It is not forbidden that individuals working for the Town of Southold or other municipality bid on contracts only that such interest be revealed when they do bid.) INSURANCE STATEMENT Bidder agrees as follows - please mark appropriate box: Insurance Certificate as requested is attached El I certify that I can supply insurance as specified if awarded the bid Insurance Certificate filed on DATE FAILURE TO PROVIDE SPECIFIED INSURANCE S LL DISQUALIFY BIDDER. AUTHORIZED IGNATURE Proposal Package 5 of 9 AFFIDAVIT OF NON-COLLUSION I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm. I further attest that: 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening. 3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid. 4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid. 5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by an firm or person to refrain from bidding or to submit a complementary bid on this project. 6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm's submitting a complementary bid, or agreeing to do so, on this project. 7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm's bid on this project and ,have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit. The r n signing this -,r the penalties of perjury, affirms the truth thereof. 71 SWORN TO BEFORE ME THIS S, nature&Company Position �c lvr r� V.3 r t �t2 �rlL�s+c va- J DAY OF 20�6 Type NkAe&Company Position Company Name NOTAAY PUBLIC ELIZABETH S.S NIcou OC A-0bm i s o a f!1 q Wotwy Na li SA6tee 5 Now Yak Date Signed Qualified in Suffolk County ( 3� 61a Commission Expires May 11,io Federal I.D.Number Proposal Package 6 of 9 THE PROPOSAL FORM Grove Road Stormwater Project VENDOR NAME: tc � VENDOR ADDRESS: AAvoSr TELEPHONE NUMBER: 6:8k-',)-&3 -CO81 FAX: x,31—X83-O-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.) The undersigned hereby acknowledges receipt of the following Addenda (if none were issued please write N/A below): Addendum No. Dated N Proposal Package 7 of 9 TOWN OF SOUTHOLD GROVE ROAD STORMWATER PROJECT Lump Sum Proposal for: Town of Southold ITEM DESCRIPTION OF ITEM ESTIMATED UNIT AMOUNT BID NO. (Fill in Unit Price Written in Words) QUANTITY 1 Construct StormwaterrIImprovements 1 LS Lt for nut_774oudow� /LLS--,, 7 1 ct j q CIO OF doh Dollars Cents a *t0 1. The Contractor shall receive the lump sum price for constructing the stormwater improvements on Grove Road and Mill Creek Drive to meet the requirements of the specifications found on the contract drawings(SP-1,SP-2,A-1 &A-2)and completing the project in accordance with all contract documents. This work will be performed under New York State Department of Environmental Conservation Permit No. 1-4738-04358/00001. TOTAL istt�ct � ux tl ` A c�o+L�tt.� $ 47, qqo — C-. .0 ~C-44— Dollars Cents Numerically WRITTEN IN WORDS PROPOSAL FORM AUTHORIZED SIGNATURE PRINT NAME TITLE DATE Gc,T164, ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF 5-tM r`F ) ss.: On theme day of in the year 2014 before me, the undersigned, personally appeared, Avg, (�L- ��"y� , personally known to me or proved to me on the basis of satisfactory b�idence 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. NO Y PUBLIC ELIZABETH S.SANICOLA Notary Public,State of New York No.01 SA6205508 Qualified in Suffolk County Commission Expires May 11,201_�L 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- <::7A Corporation Aa vers ip or Entity FIRM NAME: 50' -i P, -GLE, 't*w ' c An Individual PRINCIPAL OFFICE: xkxrm PRINCIPAL OFFICERS: BACKGROUND TITLE NAME ADDRESS PROFESSION/TRADE �aft�clewr W-WAI OTS '�I.t Si cx-�+rnrL 1. How many years has your organization been in business under its present business name? c)—w b4*r-1 2. You normally perform what percent of the work with your own forces? 00 % List trades that you organization normally performs below: 3. Have you ever failed to complete any work awarded to you? kb. 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. Na 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 amot&4x US p4meae'� low 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 —r--oka S'14 `Tnwwel' I.-K �5 It 3b0�i1� 'l�Cl`� WCxrr rt Sown�.n�w' QV oy� TkQx-XIL &0 akfttl- C)0-30 3013 CC Wd ore-(lw170 4,4-J)4k vt l.l, Q-0_J7 V e �j o c.tr►t,rwCa r+d u� N `� 1!'7✓0c)6 eve 3o :1�h3 100% G w0LAu e.04M l Pin rtOw" '-FR,,Ztk I wuOY 1ow�. �aV/OW —Dee, I c`.u7i3 lf10�'l0 l-4--Z Amph", Cori: gwdkem coo,Cao QS-2 8. List the construction experience of the principal individuals of your organization (particularly the anticipated project supervisors): Present Type of Work Position Years of For Which In What Individual's Name Of Office Experience Responsible Ca aci 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: AJC 31W.8 HT38ASI.13 7twY"0 to s�sr2,Oi1dU9 XuOM -Bn106 � N i3SdA2 t0 6CA ril"=ni beililsu0 — 4 t t tam eo>kpG 00iaaimmo9 11. Trade Association Membership: ke C. co.�� A-;sn--e 12. Has your firm ever been investigated by the New York State Department of Labor for prevailing wage rate violations?If yes, when? What was the outcome of the investigation? No QS-3 13. Attach current state of financial conditions showing assets, liabilities and net worth. Failure to attach the required documentation may be considered non-responsive on the part of the Bidder and may result in rejection of the Bidder's Proposal. STATE OF Kle-,)YcKk ) COUNTY OF aLfi?vtk ) UJ_OCL*.a (T — being duly sworn deposes and says that he is the &Jl of Tock.,d 1tia,�3'�t contractor and that a s to thqtfor o' uestions and all statements therein contained are true and correct. 4- 004C 6 (Si re of peis_olrwfio igned bid) f Sworn to before me this day of 2014 Notary Public ELIZABETH S.SANICOLA Commission Expiration Date: Notary Public,State of New York No.01 SA6205508 , Qualified in Suffolk County Commission Expires May 11,20� QS-4 �I• .� \ ''v(—� ' '000,0. 17 Uo" /f� rH - I o 76 ( li \• oma I CD OID 1 - HASHAMOMUCK POND v SCTM #: Proposed : 1000 -51 - 06 - XX Water Quality & Drainage _ DATE: Rev.: SCALE: Road Reconstruction Project o 3/31114 AS NOTED , ,SmANd Tom o to Southold, New York 11971 , g IA � Drawn: _ 53095 Main Road, Southold, N.Y. 11971 James A. Richter, R.A. EXISTING LT,'T GRADE EL.8.13' 0. DARK BROWN LOAM(OL) EL.7.13' 11 + BROWN SILTY SAND(SC) STED + EL.103' WATER IN BROWN SILTY SAND ISM) + 10, EL.-1-87' I-- - I I I Iff + PROVIDE NEW ASPHALT -,,.:_ � WATER IN BROWN CLAYEY SAND(SM) EL.-3.87' 1 PROVIDE SOLID COVER ON + PAVEMENT TO MATCH TOWN WATER IN BROWN SANDY CLAY(CL) EXISTING INLET STRUCTURE AP� HIGHWAY SPECIFICATIONS. EL.-6.87' 15' WATER IN BROWN CLAY(CH) (Min. 1-1/2"Top &2-1/2" Base) + EL.-8.87' 17' SAW CUT& MILL ALL PAVEMENT NOTE: GROUND WATER ENCOUNTERED-5.1' N SURFACES AS NEEDED AND NOTE: EXISTING WEILAND REALIGN WEARING SURFACE TO THE TEST HOLE WAS PERFORMED BY McDONALD GEOSCIENCE 0 CULVERT TO REMAIN. + + 4-1 MATCH NEW CONTOURS SHOWN. OF SOUTHOLD,NY JUNE 8,2012 CD + m TEST HOLE B-1 + C LEACHING POOL CAPACITY S� 8'Dia.X 2'Deep = 84 C.F. f 0 2 EACH = 168 C.F. + + EXISTING CATCH BASIN TO BE FILLED WITH USE 12"ADS Pipe to + CONCRETE AND ABANDONED IN PLACE u Connect LPs chd 0 + &M f + Property Line + 0 gum -am= >1 *1 u -j + ---------- low U) LL + C + z /+ + 0 + + + CY THIS OUTTALL PIPE. U) 0 0 TO BEABANDONED C + IN PLACE. 0 112-0 CULVERT WITH 0 0 RIP-RAP HEADWALL. 0 + + CO) + ------------- It + 51 NEW TIMBER GUARD RAIL e4 I .10--Z- 120 L.F. SEE DETAILS BOTTOM + ELEV. 3.00' + W @D + + — — — — — — — >: 0 2! Z + Property Line I U) EXISTING TREE., -J o TO kEMAIN, Shallow Recharge Area - C 25 C.Y. + Excavation 1 U) 0--------------- + CAPACITYATELEV 5 = 1477CF. 0 + CAPACITYATELEV.4 = V,132 ZY, +\ + 0 A EXISTING WEILAND + > CUL VERT PIPE TO REMAIN. rg E + NEWRIP-RAPOUTFALL. + + SEE DETAIL SHEET A 4 EXISTING CHANNEL OUTFALL + u m TO REMAIN. + Drawing: + 7- + + Plan Detail P=2 S Scale 1 20' Sheet# 2 of J4 NEW TIMBER NATIVE VEGETATION ON TOP OF NEW BERM-ELEVATION 6'MINIMUM I • GUARDRAIL. ALL SIDE SLOPES. EXISTING NEW RIP-RAP OVERFLOW CHANNEL- ELEVATION 5' ASPHALT ROADWAY sauftWffomim En&&afro] _ ...._ Elev. 6 d .... __... 1�..._... y. ._ - ........ Elev. 5 •O SAND BOTTOM/SHALLOW RECHARGE BASIN 0 _ - w __ V ■� _ !� .-Elev. _ _ _ e 3 ..__.... _ __ _ .... _._ _.--. _._... -- -.._... . .............. ._.__.. _..__ _ _ Ro . _._ _..._.... .. Elev. 2 L Q p0 ` ..... ... _.____ ___ �� -Elev. 1 �+ © i -'- -------- -- - -...... .-- -- -- ---- - - -- -__._.. _ - --- ... -- -.. --- ----- - UC • n Elev. 0 3 p ++ 0�0 tXISTING OUTFALL L CHANNEL BOTTOM EXISTING WETLAND CULVERT PIPE TO REMAIN. ` _ ` EXISTING WETLAND CULVERT PIPE TO REMAIN. d Z CY Typical Section @ Road Shoulder Typical Section @ Rip-Rap Ra Outfall YP� YP� p- P c d19 C = v Scale: NTS Scale: NTS O. *6 p 3 • i M O O t0 c� a3: CG o 8"THICK REINFORCED CONCRETE TRAFFIC BEARING SLAB r 2" ASPHALT ROAD SURFACE ON 24"DIAMETER CAST IRON INLET H CD 4"COMPACTED RCA BLEND. GRATE&FRAME 0 � r E E TYPICAL SOLID CONCRETE COVER TO W d GRADE F_ " E.9 I EXISTING GRADE-TOPSOIL&SEED 53 Z � EXISTING GRADE-TOPSOIL&GEED Z N N I—_---- O o PRECAST CONCRETE O V Q D 3 _._ CHIMNEY - U) ®®® ®®® LOg o N �yg 9 12"0 TRAFFIC BEARING G CV, o� w WATER D DRAINAGE PIPE.TYPICAL O ~ M M 8'DIAMETER PRECAST CONCRETE LEACHING RING. N C C (SEE PLAN FOR DEPTH) CLEAN SAND& Drawing: GRAVEL FILL. Typical Section @ Leaching Pool _ • Scale: NTS Sheet# 3 of :4j i 8'-0" O.C. Typical somfi0o ld Town 4 x 8 CCA TREATED RAIL -4 t 2-5/8"0 GALV. BOLTS @ EACH POST-EACH RAIL END. 8 x 8 CCA TREATED Depa0t1f11W POST-TYP. i v _ _ d NOTE: PROVIDE EASED EDGES @ IL D � TOP OF POST 8 END OF RAILS. � C 0 w ELEVATION VIEW3ze © � 4 x 8 CCA TREATED RAIL >1 4 V N = _ z Z-5/8"0 GALV. BOLTS @ _ C4 EACH POST-EACH END RAIL. CY © C .. CL I, 0 00 NOTCH POST AS NEEDED AT ALL L if DIRECTION CHANGE IN GUARDE RAIL. NEW VEGETATED SWALE - ------------ -------------------- h LLI rte, } EDGE OF EXISTING ASPHALT PAVEMENT TO Q 0 7 REMAIN 8 x 8 CCA TREATED POST O N 0 3 WHEN PRESENT SET in 3,000 PSI CONCRETE N d d o T 0 W CROSS SECTION Drawing: 2 - Sheet# 4 of 4 A NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04358 PERIV�I�' Under the Environmental Conservation Law ECL Permittee and. Facility, Infor=mation Permit Issued To: Facility: TOWN OF SOUTHOLD GROVE RD RDWY& DRAINAGE SYSTEM 53095 MAIN RD GROVE RD PO BOX 1179 SOUTHOLD,NY 11971 SOUTHOLD, NY 11971-1179 (631) 765-1283 Facility Application Contact: JAMES RICHTER .TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD,NY 11971-1179 (631) 765-1560 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Village: Southold Facility Principal Reference Point: NYTM-E: 717.046 NYTM-N: 4551.202 Latitude:. �l°04'59.3" Longitude: 72°24'58.0" Project Location: Grove-Road Watercourse- Hashamomuck Pond Authorized Activity: Construct stormwater and roadway run-off retention/drainage structures. All stormwater and run-off shall be directed to newly con str►idtedI shallow leadhing pools and shallow vegetated infiltration basin. Install rip-rap weir at terminal end of the infiltration basin to control erosion during extreme storm events. All authorized activities must be in strict conformance with the attached plans stamped NYSDEC approved on 9/22/2O14`. (d Z) Permit Authorizations s.. . Tidal Wetlands - Under Article Permit ID 1-4738-04358/00001 New Permit Effeofi01W-Date: 9/22/2014 Expiration Date: 9/21/2019 Page 1 of 6 Am NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION C Facility DEC ID 1-4738-04358 pis NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit. Permit Administrator: SUSAN ACKERMAN, Deputy Regional Permit Administrator Address: NYSDEC REGION I HEADQUARTERS SUNY @ STONY BROOK150 CIRCLE RD STONY B OOK,NY 11790 -3409 Authorized Signature: Distribution List JAMES RICHTER Habitat- TW EUGENE R ZAMOJCIN :; Permit Catnponents NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS =.Apply to the Following Permits: TIDAL WETLANDS I. Post Permit Sign - The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected from the weather. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall-washings from ready-mixed concrete trucks, mixers, or other devices be allowed to enter any wetland or waters. Only watertight or waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. Page 2 of 6 . v NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Now Facility DEC ID 1-4738-04358 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area(upland) and removed to an approved upl`a`nd area for disposal. No debris is permitted in Wetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be-no disturbance to vegetated'tidal wetlands or protected buffer areas as a result of'the permitted.activities. 6. Storage of Equipment, Materials ;`l:<lie storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 7. SeedingaDisturbed Areas All areas of soil disturbance resulting from the approved project:shall be stabilized with appropriate vegetation(grasses; etc.)-immediately following project.completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is-impractical due to the season,then the area shall be stabilized with straw or hay,mulch or juw inatting'uritil weather conditions favof germy nation: 8:-JCl Fill.,Only All.fill shall consist of clean:sand,gravel, or soil (not asphalt, slag, flyash,,broken concrete.or demolition debris). 9. Install,Maintain Erosion Controls Necessary erosion control measures, i.e.;straw bales, silt fencing,etc.,-are to be placed on the downslope:edge of:any disturbed area. This sediment barrier is to be put,in.place.be€ore-any,disturbance of the,9r0und.oGctus;and:is to be maintained is good and functional:condition until thick vegetative cover is established: 10. Direct Runoff Away from Tidal Wetland and Buffer Roads, driveways, and parking areas shall be graded to direct runoff away from tidal wetlands and protected buffer areas. 11. Conformance With,Plans Allacti*ies 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 plans were prepared by James A. Richter, R.A. (two sheets), dated 6/30/2014 and stampo NYSPEC approved on 9/22/2014 12. 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 maybe caused'by or result:Amin 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. Page 3 of 6 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04358 i 13. State May Order Removal or Alteration of Work If fu�te`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. 14. 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 lawfullyrequire, 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. I& Precautions Against Contamination of Waters -All nece;fsary precautions shall be taken to preclude contamination ofany wetland or waterway by-suspenak solids,sediments, fuels, solvents, lubricants, epoxy coatings,paints, concrete, leachate orany other environmentally deleterious materials associated with the project. GENERAL CONDFI"IONS - 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 Departmen't)'to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings-and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2., Relationship of this permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. ?age 4 of 6 r NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04358 1 � 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 includd a.,forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to: Regional Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY @ STONY BROOK150`CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee"must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications,'Suspensions and Revocations by thebepartmeift, The Department reserves themght,to a 'cine:all availableF�authotlity`to modify, suspend or revi Ae'Ou" perriiit: 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 projes 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-Conservatioh Law or regulations of the Department related to the perrriitted activity. 6. Permit'Transfer Permits are transferrable unless specifically prohibited°bystatute regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership. .:i Page 5 of 6 AM NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 1-4738-04358 * 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 t4e.,,5t4te,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 facilitiesorized by the permit whether in compliance or not in compliance with the terms and conditionst'af 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 Fights 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-,, car 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